[Congressional Record (Bound Edition), Volume 151 (2005), Part 13]
[House]
[Pages 17171-17174]
[From the U.S. Government Publishing Office, www.gpo.gov]




 SPOKANE TRIBE OF INDIANS OF THE SPOKANE RESERVATION GRAND COULEE DAM 
                 EQUITABLE COMPENSATION SETTLEMENT ACT

  Miss McMORRIS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1797) to provide for equitable compensation to the Spokane 
Tribe of Indians of the Spokane Reservation for the use of tribal land 
for the production of hydropower by the Grand Coulee Dam, and for other 
purposes.
  The Clerk read as follows:

                               H.R. 1797

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Spokane Tribe of Indians of 
     the Spokane Reservation Grand Coulee Dam Equitable 
     Compensation Settlement Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) from 1927 to 1931, at the direction of Congress, the 
     Corps of Engineers investigated the Columbia River and its 
     tributaries to determine sites at which power could be 
     produced at low cost;
       (2) under section 10(e) of the Federal Power Act (16 U.S.C. 
     803(e)), when licenses are issued involving tribal land 
     within an Indian reservation, a reasonable annual charge 
     shall be fixed for the use of the land, subject to the 
     approval of the Indian tribe having jurisdiction over the 
     land;

[[Page 17172]]

       (3) in August 1933, the Columbia Basin Commission, an 
     agency of the State of Washington, received a preliminary 
     permit from the Federal Power Commission for water power 
     development at the Grand Coulee site;
       (4) had the Columbia Basin Commission or a private entity 
     developed the site, the Spokane Tribe would have been 
     entitled to a reasonable annual charge for the use of its 
     land;
       (5) in the mid-1930s, the Federal Government, which is not 
     subject to licensing under the Federal Power Act (16 U.S.C. 
     792 et seq.)--
       (A) federalized the Grand Coulee Dam project; and
       (B) began construction of the Grand Coulee Dam;
       (6) when the Grand Coulee Dam project was federalized, the 
     Federal Government recognized that--
       (A) development of the project affected the interests of 
     the Spokane Tribe and the Confederated Tribes of the Colville 
     Reservation; and
       (B) it would be appropriate for the Spokane and Colville 
     Tribes to receive a share of revenue from the disposition of 
     power produced at Grand Coulee Dam;
       (7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.), 
     Congress--
       (A) granted to the United States--
       (i) in aid of the construction, operation, and maintenance 
     of the Columbia Basin Project, all the right, title, and 
     interest of the Spokane Tribe and Colville Tribes in and to 
     the tribal and allotted land within the Spokane and Colville 
     Reservations, as designated by the Secretary of the Interior 
     from time to time; and
       (ii) other interests in such land as required and as 
     designated by the Secretary for certain construction 
     activities undertaken in connection with the project; and
       (B) provided that compensation for the land and other 
     interests was to be determined by the Secretary in such 
     amounts as the Secretary determined to be just and equitable;
       (8) pursuant to that Act, the Secretary paid--
       (A) to the Spokane Tribe, $4,700; and
       (B) to the Confederated Tribes of the Colville Reservation, 
     $63,000;
       (9) in 1994, following litigation under the Act of August 
     13, 1946 (commonly known as the ``Indian Claims Commission 
     Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et 
     seq.)), Congress ratified the Colville Settlement Agreement, 
     which required--
       (A) for past use of the Colville Tribes' land, a payment of 
     $53,000,000; and
       (B) for continued use of the Colville Tribes' land, annual 
     payments of $15,250,000, adjusted annually based on revenues 
     from the sale of electric power from the Grand Coulee Dam 
     project and transmission of that power by the Bonneville 
     Power Administration;
       (10) the Spokane Tribe, having suffered harm similar to 
     that suffered by the Colville Tribes, did not file a claim 
     within the Indian Claims Commission Act's 5-year statute of 
     limitations;
       (11) neither the Colville Tribes nor the Spokane Tribe 
     filed claims for compensation for use of their land with the 
     Commission before August 13, 1951, but both Tribes filed 
     unrelated land claims prior to August 13, 1951;
       (12) in 1976, over objections by the United States, the 
     Colville Tribes were successful in amending their 1951 Claims 
     Commission land claims to add their Grand Coulee claim;
       (13) the Spokane Tribe had no such claim to amend, having 
     settled its Claims Commission land claims with the United 
     States in 1967;
       (14) the Spokane Tribe has suffered significant harm from 
     the construction and operation of Grand Coulee Dam;
       (15) Spokane tribal acreage taken by the United States for 
     the construction of Grand Coulee Dam equaled approximately 39 
     percent of Colville tribal acreage taken for construction of 
     the dam;
       (16) the payments and land transfers made pursuant to this 
     Act constitute fair and equitable compensation for the past 
     and continued use of Spokane tribal land for the production 
     of hydropower at Grand Coulee Dam; and
       (17) by vote of the Spokane tribal membership, the Spokane 
     Tribe has resolved that the payments and land transfers made 
     pursuant to this Act constitute fair and equitable 
     compensation for the past and continued use of Spokane Tribal 
     land for the production of hydropower at Grand Coulee Dam.

     SEC. 3. PURPOSE.

       The purpose of this Act is to provide fair and equitable 
     compensation to the Spokane Tribe for the use of its land for 
     the generation of hydropower by the Grand Coulee Dam.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Bonneville Power Administration or the 
     head of any successor agency, corporation, or entity that 
     markets power produced at Grand Coulee Dam.
       (2) Colville settlement agreement.--The term ``Colville 
     Settlement Agreement'' means the Settlement Agreement entered 
     into between the United States and the Colville Tribes, 
     signed by the United States on April 21, 1994, and by the 
     Colville Tribes on April 16, 1994, to settle the claims of 
     the Colville Tribes in Docket 181-D of the Indian Claims 
     Commission, which docket was transferred to the United States 
     Court of Federal Claims.
       (3) Colville tribes.--The term ``Colville Tribes'' means 
     the Confederated Tribes of the Colville Reservation.
       (4) Computed annual payment.--The term ``Computed Annual 
     Payment'' means the payment calculated under paragraph 2.b. 
     of the Colville Settlement Agreement, without regard to any 
     increase or decrease in the payment under section 2.d. of the 
     agreement.
       (5) Confederated tribes act.--The term ``Confederated 
     Tribes Act'' means the Confederated Tribes of the Colville 
     Reservation Grand Coulee Dam Settlement Act (108 Stat. 4577).
       (6) Fund.--The term ``Fund'' means the Spokane Tribe of 
     Indians Settlement Fund established by section 5.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) Spokane business council.--The term ``Spokane Business 
     Council'' means the governing body of the Spokane Tribe under 
     the constitution of the Spokane Tribe.
       (9) Spokane tribe.--The term ``Spokane Tribe'' means the 
     Spokane Tribe of Indians of the Spokane Reservation, 
     Washington.

     SEC. 5. SETTLEMENT FUND.

       (a) Establishment of Fund.--There is established in the 
     Treasury of the United States an interest-bearing trust fund 
     to be known as the ``Spokane Tribe of Indians Settlement 
     Fund'', consisting of--
       (1) amounts deposited in the Fund under subsection (b); and
       (2) any interest earned on investment of amounts in the 
     Fund.
       (b) Deposits.--From amounts made available under section 
     11--
       (1) for fiscal year 2006, the Secretary shall deposit in 
     the Fund $17,800,000; and
       (2) for each of the 4 fiscal years thereafter, the 
     Secretary shall deposit in the Fund $12,800,000.
       (c) Maintenance and Investment of Fund.--The Fund shall be 
     maintained and invested by the Secretary in accordance with 
     the Act of June 24, 1938 (25 U.S.C. 162a).
       (d) Payment of Funds to Spokane Business Council.--
       (1) Request.--At any time after funds are deposited in the 
     Fund, the Spokane Business Council may submit to the 
     Secretary written notice of the adoption by the Spokane 
     Business Council of a resolution requesting that the 
     Secretary pay all or a portion of the amounts in the Fund to 
     the Spokane Business Council.
       (2) Payment.--Not later than 60 days after receipt of a 
     notice under paragraph (1), the Secretary shall pay the 
     amount requested to the Spokane Business Council.
       (e) Use of Funds.--
       (1) Cultural resource repository and interpretive center.--
       (A) In general.--Of the initial deposit under subsection 
     (b)(1), $5,000,000 shall be used by the Spokane Business 
     Council for the planning, design, construction, equipping, 
     and continuing operation and maintenance of a Cultural 
     Resource Repository and Interpretive Center to--
       (i) house, preserve, and protect the burial remains, 
     funerary objects, and other cultural resources affected by 
     the operation of the Grand Coulee Dam; and
       (ii) provide an interpretive and educational facility 
     regarding the culture and history of the Spokane Tribe.
       (B) Effect.--The funding under subparagraph (A) does not 
     alter or affect any authority, obligation, or responsibility 
     of the United States under--
       (i) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.);
       (ii) the Archaeological Resources Protection Act (16 U.S.C. 
     470aa et seq.);
       (iii) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.); or
       (iv) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (2) Other uses.--Of all other amounts deposited in the Fund 
     (including interest generated on those amounts)--
       (A) 25 percent shall be--
       (i) reserved by the Spokane Business Council; and
       (ii) used for discretionary purposes of general benefit to 
     all members of the Spokane Tribe; and
       (B) 75 percent shall be used by the Spokane Business 
     Council to carry out--
       (i) resource development programs;
       (ii) credit programs;
       (iii) scholarship programs; or
       (iv) reserve, investment, and economic development 
     programs.

     SEC. 6. PAYMENTS BY THE ADMINISTRATOR.

       (a) Initial Payment.--On March 1, 2007, the Administrator 
     shall pay the Spokane Tribe--
       (1) the amount that is equal to 29 percent of the Computed 
     Annual Payment for fiscal year 2005, adjusted to reflect the 
     change in the Consumer Price Index for all urban consumers 
     published by the Department of Labor, from the date on which 
     the payment for fiscal year 2005 was made to the Colville 
     Tribes to the date on which payment is made to the Spokane 
     Tribe under this subparagraph; and

[[Page 17173]]

       (2) the amount that is equal to 29 percent of the Computed 
     Annual Payment for fiscal year 2006.
       (b) Subsequent Payments.--On or before March 1, 2008, and 
     March 1 of each year thereafter through 2033, the 
     Administrator shall pay the Spokane Tribe the amount that is 
     equal to 29 percent of the Computed Annual Payment for the 
     previous fiscal year.
       (c) Payment Recovery.--Pursuant to the payment schedule in 
     subsection (b), the Administrator shall make commensurate 
     cost reductions in expenditures on an annual basis to recover 
     each payment to the Tribe. The Administrator shall include 
     this specific cost reduction plan in the annual budget 
     submitted to Congress.
       (d) Sunset.--This section shall have no force or effect on 
     and after the date that is 25 years after the date of the 
     enactment of this Act.

     SEC. 7. TREATMENT AFTER FUNDS ARE PAID.

       (a) Use of Payments.--Payments made to the Spokane Business 
     Council or Spokane Tribe under section 5 or 6 may be used or 
     invested by the Business Council in the same manner and for 
     the same purposes as other Spokane Tribe governmental funds.
       (b) No Trust Responsibility of the Secretary.--Neither the 
     Secretary nor the Administrator shall have any trust 
     responsibility for the investment, supervision, 
     administration, or expenditure of any funds after the date on 
     which the funds are paid to the Spokane Business Council or 
     Spokane Tribe under section 5 or 6.
       (c) Treatment of Funds for Certain Purposes.--The payments 
     of all funds to the Spokane Business Council and Spokane 
     Tribe under sections 5 and 6, and the interest and income 
     generated by the funds, shall be treated in the same manner 
     as payments under section 6 of the Saginaw Chippewa Indian 
     Tribe of Michigan Distribution of Judgment Funds Act (100 
     Stat. 677).
       (d) Tribal Audit.--After the date on which funds are paid 
     to the Spokane Business Council or Spokane Tribe under 
     section 5 or 6, the funds shall--
       (1) constitute Spokane Tribe governmental funds; and
       (2) be subject to an annual tribal government audit.

     SEC. 8. REPAYMENT CREDIT.

       (a) In General.--The Administrator shall deduct from the 
     interest payable to the Secretary of the Treasury from net 
     proceeds (as defined in section 13 of the Federal Columbia 
     River Transmission System Act (16 U.S.C. 838k))--
       (1) in fiscal year 2007, $2,600,000; and
       (2) in each subsequent fiscal year in which the 
     Administrator makes a payment under section 6, $1,300,000.
       (b) Crediting.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), each deduction made under this section shall be--
       (A) a credit to the interest payments otherwise payable by 
     the Administrator to the Secretary of the Treasury during the 
     fiscal year in which the deduction is made; and
       (B) allocated pro rata to all interest payments on debt 
     associated with the generation function of the Federal 
     Columbia River Power System that are due during the fiscal 
     year.
       (2) Deduction greater than amount of interest.--If, in any 
     fiscal year, the deduction is greater than the amount of 
     interest due on debt associated with the generation function 
     for the fiscal year, the amount of the deduction that exceeds 
     the interest due on debt associated with the generation 
     function shall be allocated pro rata to all other interest 
     payments due during the fiscal year.
       (3) Credit.--To the extent that a deduction exceeds the 
     total amount of interest described in paragraphs (1) and (2), 
     the deduction shall be applied as a credit against any other 
     payments that the Administrator makes to the Secretary of the 
     Treasury.

     SEC. 9. TRANSFER OF ADMINISTRATIVE JURISDICTION AND 
                   RESTORATION OF OWNERSHIP OF LAND.

       (a) Transfer of Jurisdiction.--The Secretary shall transfer 
     administrative jurisdiction from the Bureau of Reclamation to 
     the Bureau of Indian Affairs over--
       (1) all land acquired by the United States under the Act of 
     June 29, 1940 (16 U.S.C. 835d), that is located within the 
     exterior boundaries of the Spokane Indian Reservation 
     established pursuant to the Executive Order of January 18, 
     1881; and
       (2) all land on the south bank of the Spokane River that--
       (A) extends westerly from Little Falls Dam to the 
     confluence of the Spokane River and Columbia River; and
       (B) is located at or below contour elevation 1290 feet 
     above sea level.
       (b) Restoration of Ownership in Trust.--All land 
     transferred under this section--
       (1) shall be held in trust for the benefit and use of the 
     Spokane Tribe; and
       (2) shall become part of the Spokane Indian Reservation.
       (c) Reservation of Rights.--
       (1) In general.--The United States reserves a perpetual 
     right, power, privilege, and easement over the land 
     transferred under this section to carry out the Columbia 
     Basin Project under the Columbia Basin Project Act (16 U.S.C. 
     835 et seq.).
       (2) Rights included.--The rights reserved under paragraph 
     (1) further include the right to operate, maintain, repair, 
     and replace boat ramps, docks, and other recreational 
     facilities owned or permitted by the United States and 
     existing on the date of enactment of this Act.
       (3) Retention of national park system status.--
       (A) In general.--Land transferred under this section that, 
     before the date of enactment of this Act, was included in the 
     Lake Roosevelt National Recreation Area shall remain part of 
     the Recreation Area.
       (B) Administration.--Nothing in this section affect the 
     authority or responsibility of the National Park Service to 
     administer the Lake Roosevelt National Recreation Area under 
     the Act of August 25, 1916 (39 Stat. 535, chapter 408; 16 
     U.S.C. 1 et seq.).
       (4) Memorandum of understanding.--The cognizant agencies of 
     the Department of the Interior shall enter into a memorandum 
     of understanding with the Spokane Tribe to provide for 
     coordination in applying this subsection.

     SEC. 10. SATISFACTION OF CLAIMS.

       Payment by the Secretary under section 5 and the 
     Administrator under section 6 and restoration of ownership of 
     land in trust under section 9 constitute full satisfaction of 
     the claim of the Spokane Tribe to a fair share of the annual 
     hydropower revenues generated by the Grand Coulee Dam project 
     for the past and continued use of land of the Spokane Tribe 
     for the production of hydropower at Grand Coulee Dam.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

     SEC. 12. PRECEDENT.

       Nothing in this Act establishes any precedent or is binding 
     on the Southwestern Power Administration, Western Area Power 
     Administration, or Southeastern Power Administration.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Washington (Miss McMorris) and the gentleman from California (Mr. 
Cardoza) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Washington (Miss McMorris).


                             General Leave

  Miss McMORRIS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Washington?
  There was no objection.
  Miss McMORRIS. Mr. Speaker, I yield myself such time as I may 
consume.
  I am the author of H.R. 1797, which brings fairness to a long-
standing problem. I first want to thank my predecessor, the Congressman 
from Washington, George Nethercutt, for his hard work on this issue. He 
first introduced a version of this legislation 6 years ago. It is 
through the foundation of that bill that I am able to present this 
piece of legislation today before the House of Representatives.
  I would also like to thank my colleagues from the Washington 
delegation, the gentleman from Washington (Mr. Dicks) and the gentleman 
from Washington (Mr. Inslee). In addition, I would like to thank the 
gentleman from Michigan (Mr. Kildee) for his support as well.
  When the Grand Coulee Dam was built in the 1930s, the accompanying 
reservoir inundated key parts of the Spokane Indian Reservation. Due to 
a number of circumstances, the Spokane Tribe has never had the 
opportunity to pursue monetary claims as a result of these land 
damages. Rather than focusing on litigation, the tribe has instead 
worked for many years to bring about a legislative solution.
  The bill authorizes Federal funding to compensate the Spokane Tribe 
for land damages. Since this nonlegal settlement is unique, these 
payments are sunsetted. The bill also seeks to protect electricity 
ratepayers by requiring the Bonneville Power Administration to cut 
costs to make up for the payments to the tribe. As a result, Congress 
does not expect the Federal Government to use this legislation as any 
reason for a rate increase.
  Mr. Speaker, this bill has bipartisan support and is the result of 
lengthy discussions for over a decade. I commend the parties for their 
hard work and commitment to bringing this solution, and urge my 
colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.

[[Page 17174]]


  Mr. CARDOZA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Democrats on the Committee on Resources support the 
passage of H.R. 1797, which will provide a fair and equitable financial 
settlement for the Spokane Tribe of Indians. H.R. 1797 will provide the 
Spokane Tribe of Indians with compensation which will be proportional 
to the compensation provided to the Colville Tribes through enactment 
of Public Law 103-436, the Confederated Tribes of the Colville 
Reservation Grand Coulee Dam Settlement Act.
  Our only concern with H.R. 1797 is the included sunset language in 
section 6 of the bill. As noted in the additional views filed with the 
committee report on this bill, however, the Spokane Tribe has agreed to 
the sunset provision in the bill with the understanding that in the 
future the tribe may seek an amendment to extend or modify the sunset 
provision or otherwise seek reauthorization of the Bonneville Power 
Administration's annual payments after the year 2030.
  With this understanding, and in the interest of moving the 
legislation forward and thereby providing long overdue relief to this 
tribe, we do not object to the inclusion of the sunset provision in the 
bill, and urge passage of the bill.
  Mr. CARDOZA. Mr. Speaker, I yield back the balance of my time.
  Miss McMORRIS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Washington (Miss McMorris) that the House suspend the 
rules and pass the bill, H.R. 1797.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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