S 2494
110th CONGRESS
1st Session
S. 2494
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.
IN THE SENATE OF THE UNITED STATES
December 17, 2007
Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following
bill; which was read twice and referred to the Committee on Indian Affairs
A BILL
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 Grand Coulee Dam Equitable Compensation Settlement Act'.
SEC. 2. FINDINGS.
(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 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.
(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 2008, the Secretary shall deposit in the Fund
$23,900,000; and
(2) for each of the 4 fiscal years thereafter, the Secretary shall
deposit in the Fund $18,900,000.
(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.
(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 and funerary
and 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;
(iii) scholarship programs; or
(iv) reserve, investment, and economic development programs.
SEC. 6. PAYMENTS BY ADMINISTRATOR.
(a) Initial Payment- On March 1, 2008, the Administrator shall pay to
the Spokane Tribe an amount equal to 29 percent of the Computed Annual
Payment for fiscal year 2007.
(b) Subsequent Payments- Not later than March 1, 2009, and March 1 of
each year thereafter, the Administrator shall pay the Spokane Tribe
an amount equal to 29 percent of the Computed Annual Payment for the
preceding fiscal year.
(1) IN GENERAL- In accordance with the payment schedule described
in subsection (b), the Administrator shall make commensurate cost
reductions in expenditures, on an annual basis, to recover each payment
to the Spokane Tribe under this section.
(2) REQUIREMENT- The Administrator shall include a description of
a cost reduction plan as required under paragraph (1) in the annual
budget submitted by the Administrator to Congress.
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 2008, $1,300,000; and
(2) in each subsequent fiscal year in which the Administrator makes
a payment under section 6, $1,300,000.
(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 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.
(b) Restoration of Ownership in Trust-
(1) IN GENERAL- All land transferred under this section--
(A) shall be held in trust for the benefit and use of the Spokane
Tribe; and
(B) shall remain part of the Spokane Indian Reservation.
(2) FEDERAL TRUST RESPONSIBILITY- The Federal trust responsibility
for all land transferred under this section shall be the same as the
responsibility for other tribal land held in trust within the Spokane
Indian Reservation.
(c) Colville-Spokane Reservation Boundary- Nothing in this section establishes
or affects the precise location of the boundary between the Spokane
Indian Reservation and the Colville Reservation along the Columbia River.
(d) 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 shall 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.
END
