Text: S.216 — 116th Congress (2019-2020)All Information (Except Text)

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Public Law No: 116-100 (12/20/2019)

 
[116th Congress Public Law 100]
[From the U.S. Government Publishing Office]



[[Page 3255]]

     SPOKANE TRIBE OF INDIANS OF THE SPOKANE RESERVATION EQUITABLE 
                            COMPENSATION ACT

[[Page 133 STAT. 3256]]

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. <<NOTE: Dec. 
                         20, 2019 -  [S. 216]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Spokane Tribe of 
Indians of the Spokane Reservation Equitable Compensation 
Act. Washington.>> 
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--

[[Page 133 STAT. 3257]]

                    (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 133 STAT. 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) <<NOTE: Effective date.>>  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) <<NOTE: Deadlines.>>  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.

[[Page 133 STAT. 3259]]

            (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.

[[Page 133 STAT. 3260]]

            (3) <<NOTE: Applicability.>>  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.

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