    [United States Statutes at Large, Volume 133, 116th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-100
    116th Congress

    An Act

    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. <>

    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 Equitable Compensation 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;
    (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 the land of the
    Spokane Tribe;
    (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--

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    (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 that 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 land of the Colville Tribes,
    a payment of $53,000,000; and
    (B) for continued use of the land of the Colville
    Tribes, 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
    5-year statute of limitations under the Indian Claims Commission
    Act;
    (11) neither the Colville Tribes nor the Spokane Tribe filed
    claims for compensation for use of the land of the respective
    tribes with the Commission prior to 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 the 1951 Claims
    Commission land claims to add the Grand Coulee claim of the
    Colville Tribes;
    (13) the Spokane Tribe had no such claim to amend, having
    settled the Claims Commission land claims of the Spokane Tribe
    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 delegation made pursuant to this Act
    constitute fair and equitable compensation for the past

    [[Page 3258]]

    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 delegation 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 the land of the Spokane
    Tribe 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 (Public Law 103-436; 108 Stat.
    4577).
    (6) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.
    (7) Spokane business council.--The term ``Spokane Business
    Council'' means the governing body of the Spokane Tribe under
    the constitution of the Spokane Tribe.
    (8) Spokane tribe.--The term ``Spokane Tribe'' means the
    Spokane Tribe of Indians of the Spokane Reservation, Washington.
    SEC. 5. PAYMENTS BY ADMINISTRATOR.

    (a) <>  Initial Payment.--On March 1, 2022,
    the Administrator shall pay to the Spokane Tribe an amount equal to 25
    percent of the Computed Annual Payment for fiscal year 2021.

    (b) <>  Subsequent Payments.--
    (1) In general.--Not later than March 1, 2023, and March 1
    of each year thereafter through March 1, 2029, the Administrator
    shall pay the Spokane Tribe an amount equal to 25 percent of the
    Computed Annual Payment for the preceding fiscal year.

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    (2) March 1, 2030, and subsequent years.--Not later than
    March 1, 2030, and March 1 of each year thereafter, the
    Administrator shall pay the Spokane Tribe an amount equal to 32
    percent of the Computed Annual Payment for the preceding fiscal
    year.
    SEC. 6. TREATMENT AFTER AMOUNTS ARE PAID.

    (a) Use of Payments.--Payments made to the Spokane Business Council
    or Spokane Tribe under section 5 may be used or invested by the Spokane
    Business Council in the same manner and for the same purposes as other
    Spokane Tribe governmental amounts.
    (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 amounts
    after the date on which the funds are paid to the Spokane Business
    Council or Spokane Tribe under section 5.
    (c) Treatment of Funds for Certain Purposes.--The payments of all
    amounts to the Spokane Business Council and Spokane Tribe under section
    5, and the interest and income generated by those amounts, 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 amounts are paid to the
    Spokane Business Council or Spokane Tribe under section 5, the amounts
    shall--
    (1) constitute Spokane Tribe governmental amounts; and
    (2) be subject to an annual tribal government audit.
    SEC. 7. 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 2030, $2,700,000; and
    (2) in each subsequent fiscal year in which the
    Administrator makes a payment under section 5, $2,700,000.

    (b) Crediting.--
    (1) In general.--Except as provided in paragraphs (2) and
    (3), each deduction made under this section for the fiscal year
    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 an
    applicable fiscal year under paragraph (1), 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.

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    (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. 8. EXTINGUISHMENT OF CLAIMS.

    On the date that payment under section 5(a) is made to the Spokane
    Tribe, all monetary claims that the Spokane Tribe has or may have
    against the United States 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 shall be extinguished.
    SEC. 9. ADMINISTRATION.

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

    Approved December 20, 2019.

    LEGISLATIVE HISTORY--S. 216:
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    SENATE REPORTS: No. 116-4 (Comm. on Indian Affairs).
    CONGRESSIONAL RECORD, Vol. 165 (2019):
    June 27, considered and passed Senate.
    Dec. 16, considered and passed House.