[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1448 Reported in Senate (RS)]
Calendar No. 448
113th CONGRESS
2d Session
S. 1448
[Report No. 113-202]
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
August 1, 2013
Ms. Cantwell (for herself, Mrs. Murray, and Mr. Begich) introduced the
following bill; which was read twice and referred to the Committee on
Indian Affairs
June 26, 2014
Reported by Mr. Tester, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Spokane Tribe of Indians of
the Spokane Reservation Equitable Compensation Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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.)--</DELETED>
<DELETED> (A) federalized the Grand Coulee Dam
project; and</DELETED>
<DELETED> (B) began construction of the Grand Coulee
Dam;</DELETED>
<DELETED> (6) when the Grand Coulee Dam project was
federalized, the Federal Government recognized that--</DELETED>
<DELETED> (A) development of the project affected
the interests of the Spokane Tribe and the Confederated
Tribes of the Colville Reservation; and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (7) in the Act of June 29, 1940 (16 U.S.C. 835d et
seq.), Congress--</DELETED>
<DELETED> (A) granted to the United States--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (8) pursuant to that Act, the Secretary paid--
</DELETED>
<DELETED> (A) to the Spokane Tribe, $4,700;
and</DELETED>
<DELETED> (B) to the Confederated Tribes of the
Colville Reservation, $63,000;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) for past use of the land of the
Colville Tribes, a payment of $53,000,000;
and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (14) the Spokane Tribe has suffered significant
harm from the construction and operation of Grand Coulee
Dam;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (16) 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; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. PURPOSE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 4. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Colville tribes.--The term ``Colville Tribes''
means the Confederated Tribes of the Colville
Reservation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (6) Fund.--The term ``Fund'' means the Spokane
Tribe of Indians Recovery Trust Fund established by section
5.</DELETED>
<DELETED> (7) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (8) Spokane business council.--The term ``Spokane
Business Council'' means the governing body of the Spokane
Tribe under the constitution of the Spokane Tribe.</DELETED>
<DELETED> (9) Spokane tribe.--The term ``Spokane Tribe''
means the Spokane Tribe of Indians of the Spokane Reservation,
Washington.</DELETED>
<DELETED>SEC. 5. SPOKANE TRIBE OF INDIANS RECOVERY TRUST
FUND.</DELETED>
<DELETED> (a) Establishment of Fund.--There is established in the
Treasury of the United States a separate account to be known as the
``Spokane Tribe of Indians Recovery Trust Fund'', consisting of--
</DELETED>
<DELETED> (1) amounts deposited in the Fund under subsection
(b); and</DELETED>
<DELETED> (2) any interest earned on investment of amounts
in the Fund.</DELETED>
<DELETED> (b) Deposits.--On October 1 of the first fiscal year after
the date of enactment of this Act, the Secretary of the Treasury shall,
from the general fund of the Treasury, deposit in the Fund
$53,000,000.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (d) Payments to the Spokane Tribe.--</DELETED>
<DELETED> (1) In general.--At any time after the date on
which the Spokane Business Council has adopted a plan described
in subsection (e) and after amounts are deposited in the Fund,
the Spokane Business Council may request that all or a portion
of the amounts in the Fund be disbursed to the Spokane Tribe by
submitting to the Secretary written notice of the adoption by
the Spokane Business Council of a resolution requesting the
disbursement.</DELETED>
<DELETED> (2) Payment.--Not later than 60 days after the
date on which the Secretary receives notice under paragraph
(1), the Secretary shall disburse the amounts requested from
the Fund to the Spokane Tribe.</DELETED>
<DELETED> (e) Plan.--</DELETED>
<DELETED> (1) In general.--Not later than 18 months after
the date of enactment of this Act, the Spokane Business Council
shall prepare a plan that describes the manner in which the
Spokane Tribe intends to use amounts received under subsection
(d) to promote--</DELETED>
<DELETED> (A) economic development;</DELETED>
<DELETED> (B) infrastructure development;</DELETED>
<DELETED> (C) educational, health, recreational, and
social welfare objectives of the Spokane Tribe and the
members of the Spokane Tribe; or</DELETED>
<DELETED> (D) any combination of the activities
described in subparagraphs (A) through (C).</DELETED>
<DELETED> (2) Review and revision.--</DELETED>
<DELETED> (A) In general.--The Spokane Business
Council shall make available to the members of the
Spokane Tribe for review and comment a copy of the plan
before the date on which the plan is final, in
accordance with procedures established by the Spokane
Business Council.</DELETED>
<DELETED> (B) Updates.--The Spokane Business Council
may update the plan on an annual basis, subject to the
condition that the Spokane Business Council provides
the members of the Spokane Tribe an opportunity to
review and comment on the updated plan.</DELETED>
<DELETED>SEC. 6. PAYMENTS BY ADMINISTRATOR.</DELETED>
<DELETED> (a) Initial Payment.--On March 1, 2014, the Administrator
shall pay to the Spokane Tribe an amount equal to 25 percent of the
Computed Annual Payment for fiscal year 2013.</DELETED>
<DELETED> (b) Subsequent Payments.--</DELETED>
<DELETED> (1) In general.--Not later than March 1, 2015, and
March 1 of each year thereafter through March 1, 2023, the
Administrator shall pay the Spokane Tribe an amount equal to 25
percent of the Computed Annual Payment for the preceding fiscal
year.</DELETED>
<DELETED> (2) March 1, 2024, and subsequent years.--Not
later than March 1, 2024, 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.</DELETED>
<DELETED>SEC. 7. TREATMENT AFTER AMOUNTS ARE PAID.</DELETED>
<DELETED> (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 Spokane Business Council in the same manner and for the
same purposes as other Spokane Tribe governmental amounts.</DELETED>
<DELETED> (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 or 6.</DELETED>
<DELETED> (c) Treatment of Funds for Certain Purposes.--The payments
of all amounts to the Spokane Business Council and Spokane Tribe under
sections 5 and 6, 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).</DELETED>
<DELETED> (d) Tribal Audit.--After the date on which amounts are
paid to the Spokane Business Council or Spokane Tribe under section 5
or 6, the amounts shall--</DELETED>
<DELETED> (1) constitute Spokane Tribe governmental amounts;
and</DELETED>
<DELETED> (2) be subject to an annual tribal government
audit.</DELETED>
<DELETED>SEC. 8. REPAYMENT CREDIT.</DELETED>
<DELETED> (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))--</DELETED>
<DELETED> (1) in fiscal year 2023, $2,700,000; and</DELETED>
<DELETED> (2) in each subsequent fiscal year in which the
Administrator makes a payment under section 6,
$2,700,000.</DELETED>
<DELETED> (b) Crediting.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraphs
(2) and (3), each deduction made under this section for the
fiscal year shall be--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 9. EXTINGUISHMENT OF CLAIMS.</DELETED>
<DELETED> On the deposit of amounts in the Fund under section 5, 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.</DELETED>
<DELETED>SEC. 10. ADMINISTRATION.</DELETED>
<DELETED> Nothing in this Act establishes any precedent or is
binding on the Southwestern Power Administration, Western Area Power
Administration, or Southeastern Power Administration.</DELETED>
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--
(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 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) Fund.--The term ``Fund'' means the Spokane Tribe of
Indians Recovery Trust 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. SPOKANE TRIBE OF INDIANS RECOVERY TRUST FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a separate account to be known as the ``Spokane Tribe
of Indians Recovery Trust 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.--On October 1 of the first fiscal year after the date
of enactment of this Act, the Secretary of the Treasury shall, from the
general fund of the Treasury, deposit in the Fund $53,000,000.
(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) Payments to the Spokane Tribe.--
(1) In general.--At any time after the date on which the
Spokane Business Council has adopted a plan described in
subsection (e) and after amounts are deposited in the Fund, the
Spokane Business Council may request that all or a portion of
the amounts in the Fund be disbursed to the Spokane Tribe by
submitting to the Secretary written notice of the adoption by
the Spokane Business Council of a resolution requesting the
disbursement.
(2) Payment.--Not later than 60 days after the date on
which the Secretary receives notice under paragraph (1), the
Secretary shall disburse the amounts requested from the Fund to
the Spokane Tribe.
(e) Plan.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Spokane Business Council shall
prepare a plan that describes the manner in which the Spokane
Tribe intends to use amounts received under subsection (d) to
promote--
(A) economic development;
(B) infrastructure development;
(C) educational, health, recreational, and social
welfare objectives of the Spokane Tribe and the members
of the Spokane Tribe; or
(D) any combination of the activities described in
subparagraphs (A) through (C).
(2) Review and revision.--
(A) In general.--The Spokane Business Council shall
make available to the members of the Spokane Tribe for
review and comment a copy of the plan before the date
on which the plan is final, in accordance with
procedures established by the Spokane Business Council.
(B) Updates.--The Spokane Business Council may
update the plan on an annual basis, subject to the
condition that the Spokane Business Council provides
the members of the Spokane Tribe an opportunity to
review and comment on the updated plan.
SEC. 6. PAYMENTS BY ADMINISTRATOR.
(a) Initial Payment.--On March 1, 2014, the Administrator shall pay
to the Spokane Tribe an amount equal to 25 percent of the Computed
Annual Payment for fiscal year 2013.
(b) Subsequent Payments.--
(1) In general.--Not later than March 1, 2015, and March 1
of each year thereafter through March 1, 2023, the
Administrator shall pay the Spokane Tribe an amount equal to 25
percent of the Computed Annual Payment for the preceding fiscal
year.
(2) March 1, 2024, and subsequent years.--Not later than
March 1, 2024, 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.
(c) Payment Recovery.--
(1) In general.--In accordance with 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.
(2) Annual budget.--The Administrator shall include any
cost reduction under paragraph (1) in the annual budget of the
Administrator submitted to Congress.
SEC. 7. TREATMENT AFTER AMOUNTS 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
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 or 6.
(c) Treatment of Funds for Certain Purposes.--The payments of all
amounts to the Spokane Business Council and Spokane Tribe under
sections 5 and 6, 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 or 6, the
amounts shall--
(1) constitute Spokane Tribe governmental amounts; 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 2024, $2,700,000; and
(2) in each subsequent fiscal year in which the
Administrator makes a payment under section 6, $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.
(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. EXTINGUISHMENT OF CLAIMS.
On the deposit of amounts in the Fund under section 5, 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. 10. ADMINISTRATION.
Nothing in this Act establishes any precedent or is binding on the
Southwestern Power Administration, Western Area Power Administration,
or Southeastern Power Administration.
Calendar No. 448
113th CONGRESS
2d Session
S. 1448
[Report No. 113-202]
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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.
_______________________________________________________________________
June 26, 2014
Reported with an amendment