To make clear that land transferred under the bill shall remain part of the Lake Roosevelt National Recreation Area.

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

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

  The Senate proceeded to consider the bill (S. 1438) to provide for
equitable compensation of the Spokane Tribe of Indians of the Spokane
Reservation in settlement of claims of the Tribe concerning the
contribution of the Tribe to the production of hydropower by the Grand
Coulee Dam, and for other purposes, which had been reported from the
Committee on Indian Affairs, with an amendment to strike all after the
enacting clause and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in
italic.)

                                S. 1438

       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

[[Page S11580]]

     Grand Coulee Dam Equitable Compensation Settlement Act''.

     [SEC. 2. FINDINGS.

       [Congress finds the following:
       [(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) The Corps of Engineers--
       [(A) identified a number of sites, including the site at
     which the Grand Coulee Dam is located; and
       [(B) recommended that power development at those sites be
     performed by local governmental authorities or private
     utilities under the Federal Power Act (16 U.S.C. 791a et
     seq.).
       [(3) Under section 10(e) of that Act (16 U.S.C. 803(e)), a
     licensee is required to compensate an Indian tribe for the
     use of land under the jurisdiction of the Indian tribe.
       [(4) 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.
       [(5) In the mid-1930's, the Federal Government, which is
     not subject to the Federal Power Act (16 U.S.C. 791a et
     seq.)--
       [(A) federalized the Grand Coulee Dam project; and
       [(B) began construction of the Grand Coulee Dam.
       [(6) At the time at which the Grand Coulee Dam project was
     federalized, the Federal Government recognized that the
     Spokane Tribe and the Confederated Tribes of the Colville
     Reservation had compensable interests in the Grand Coulee Dam
     project, including compensation for--
       [(A) the development of hydropower;
       [(B) the extinguishment of a salmon fishery on which the
     Spokane Tribe was almost completely financially dependent;
     and
       [(C) the inundation of land with loss of potential power
     sites previously identified by the Spokane Tribe.
       [(7) In the Act of June 29, 1940, Congress--
       [(A) in the first section (16 U.S.C. 835d) granted to the
     United States--
       [(i) all rights of Indian tribes in land of the Spokane
     Tribe and Colville Indian Reservations that were required for
     the Grand Coulee Dam project; and
       [(ii) various rights-of-way over other land under the
     jurisdiction of Indian tribes that were required in
     connection with the project; and
       [(B) in section 2 (16 U.S.C. 835e) provided that
     compensation for the land and rights-of-way was to be
     determined by the Secretary of the Interior in such amounts
     as the Secretary determined to be just and equitable.
       [(8) In furtherance of that Act, the Secretary of the
     Interior paid--
       [(A) to the Spokane Tribe, $4,700; and
       [(B) to the Confederated Tribes of the Colville
     Reservation, $63,000.
       [(9) In 1994, following 43 years of litigation before the
     Indian Claims Commission, the United States Court of Federal
     Claims, and the United States Court of Appeals for the
     Federal Circuit, Congress ratified an agreement between the
     Confederated Tribes of the Colville Reservation and the
     United States that provided for damages and annual payments
     of $15,250,000 in perpetuity, 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) In legal opinions issued by the Office of the
     Solicitor of the Department of the Interior, a Task Force
     Study conducted from 1976 to 1980 ordered by the Committee on
     Appropriations of the Senate, and hearings before Congress at
     the time at which the Confederated Tribes of the Colville
     Reservation Grand Coulee Dam Settlement Act (Public Law 103-
     436; 108 Stat. 4577) was enacted, it has repeatedly been
     recognized that--
       [(A) the Spokane Tribe suffered damages similar to those
     suffered by, and had a case legally comparable to that of,
     the Confederated Tribes of the Colville Reservation; but
       [(B) the 5-year statute of limitations under the Act of
     August 13, 1946 (25 U.S.C. 70 et seq.) precluded the Spokane
     Tribe from bringing a civil action for damages under that
     Act.
       [(11) The inability of the Spokane Tribe to bring a civil
     action before the Indian Claims Commission can be attributed
     to a combination of factors, including--
       [(A) the failure of the Bureau of Indian Affairs to carry
     out its advisory responsibilities in accordance with that
     Act; and
       [(B) an attempt by the Commissioner of Indian Affairs to
     impose improper requirements on claims attorneys retained by
     Indian tribes, which caused delays in retention of counsel
     and full investigation of the potential claims of the Spokane
     Tribe.
       [(12) As a consequence of construction of the Grand Coulee
     Dam project, the Spokane Tribe--
       [(A) has suffered the loss of--
       [(i) the salmon fishery on which the Spokane Tribe was
     dependent;
       [(ii) identified hydropower sites that the Spokane Tribe
     could have developed; and
       [(iii) hydropower revenues that the Spokane Tribe would
     have received under the Federal Power Act (16 U.S.C. 791a et
     seq.) had the project not been federalized; and
       [(B) continues to lose hydropower revenues that the Federal
     Government recognized were owed to the Spokane Tribe at the
     time at which the project was constructed.
       [(13) More than 39 percent of the land owned by Indian
     tribes or members of Indian tribes that was used for the
     Grand Coulee Dam project was land of the Spokane Tribe.

     [SEC. 3. STATEMENT OF PURPOSE.

       [The purpose of this Act is to provide fair and equitable
     compensation to the Spokane Tribe, using the same
     proportional basis as was used in providing compensation to
     the Confederated Tribes of the Colville Reservation, for the
     losses suffered as a result of the construction and operation
     of the Grand Coulee Dam project.

     [SEC. 4. DEFINITIONS.

       [In this Act:
       [(1) Secretary.--The term ``Secretary'' means the Secretary
     of the Treasury.
       [(2) 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).
       [(3) Fund account.--The term ``Fund Account'' means the
     Spokane Tribe of Indians Settlement Fund Account established
     under section 5(a).
       [(4) Spokane tribe.--The term ``Spokane Tribe'' means the
     Spokane Tribe of Indians of the Spokane Reservation,
     Washington.

     [SEC. 5. SETTLEMENT FUND ACCOUNT.

       [(a) Establishment of Account.--There is established in the
     Treasury an interest-bearing account to be known as the
     ``Spokane Tribe of Indians Settlement Fund Account''.
       [(b) Deposit of Amounts.--
       [(1) Initial deposit.--On the date on which funds are made
     available to carry out this Act, the Secretary shall deposit
     in the Fund Account, as payment and satisfaction of the claim
     of the Spokane Tribe for use of land of the Spokane Tribe for
     generation of hydropower for the period beginning on June 29,
     1940, and ending on November 2, 1994, an amount that is equal
     to 39.4 percent of the amount paid to the Confederated Tribes
     of the Colville Reservation under section 5(a) of the
     Confederated Tribes Act, adjusted to reflect the change,
     during the period beginning on the date on which the payment
     described in subparagraph (A) was made to the Confederated
     Tribes of the Colville Reservation and ending on the date of
     enactment of this Act, in the Consumer Price Index for all
     urban consumers published by the Department of Labor.
       [(2) Subsequent deposits.--On September 30 of the first
     fiscal year that begins after the date of enactment of this
     Act, and on September 30 of each of the 5 fiscal years
     thereafter, the Secretary shall deposit in the Fund Account
     an amount that is equal to 7.88 percent of the amount
     authorized to be paid to the Confederated Tribes of the
     Colville Reservation under section 5(b) of the Confederated
     Tribes Act through the end of the fiscal year during which
     this Act is enacted, adjusted to reflect the change, during
     the period beginning on the date on which the payment to the
     Confederated Tribes of the Colville Reservation was first
     made and ending on the date of enactment of this Act, in the
     Consumer Price Index for all urban consumers published by the
     Department of Labor.
       [(c) Annual Payments.--On September 1 of the first fiscal
     year after the date of enactment of this Act, and annually
     thereafter, the Secretary shall pay to the Spokane Tribe an
     amount that is equal to 39.4 percent of the annual payment
     authorized to be paid to the Confederated Tribes of the
     Colville Reservation under section 5(b) for the Confederated
     Tribes Act for the fiscal year.

     [SEC. 6. USE AND TREATMENT OF SETTLEMENT FUNDS.

       [(a) Transfer of Funds to Spokane Tribe.--
       [(1) Initial transfer.--Not later than 60 days after the
     date on which the Secretary receives from the Spokane
     Business Council written notice of the adoption by the
     Spokane Business Council of a resolution requesting that the
     Secretary execute the transfer of settlement funds described
     in section 5(a), the Secretary shall transfer all or a
     portion of the settlement funds, as appropriate, to the
     Spokane Business Council.
       [(2) Subsequent transfers.--If not all funds described in
     section 5(a) are transferred to the Spokane Business Council
     under an initial transfer request described in paragraph (1),
     the Spokane Business Council may make subsequent requests
     for, and the Secretary of the Treasury may execute subsequent
     transfers of, those funds.
       [(b) Use of Initial Payment Funds.--Of the settlement funds
     described in subsections (a) and (b) of section 5--
       [(1) 25 percent shall be--
       [(A) reserved by the Spokane Business Council; and
       [(B) used for discretionary purposes of general benefit to
     all members of the Spokane Tribe; and
       [(2) 75 percent shall be used by the Spokane Business
     Council to carry out--
       [(A) a resource development program;
       [(B) a credit program;
       [(C) a scholarship program; or
       [(D) a reserve, investment, and economic development
     program.
       [(c) Use of Annual Payment Funds.--Annual payments made to
     the Spokane Tribe under section 5(c) may be used or invested
     by the Spokane Tribe in the same manner and for the same
     purposes as other tribal governmental funds.
       [(d) Approval by Secretary.--Notwithstanding any other
     provision of law--
       [(1) the approval of the Secretary of the Treasury or the
     Secretary of the Interior for any payment, distribution, or
     use of the

[[Page S11581]]

     principal, interest, or income generated by any settlement
     funds transferred or paid to the Spokane Tribe under this Act
     shall not be required; and
       [(2) the Secretary of the Treasury and the Secretary of the
     Interior shall have no trust responsibility for the
     investment, supervision, administration, or expenditure of
     those funds after the date on which the funds are transferred
     to or paid to the Spokane Tribe.
       [(e) Treatment of Funds for Certain Purposes.--The payments
     and distributions of any portion of the principal, interest,
     and income generated by the settlement funds described in
     section 5 shall be treated in the same manner as payments or
     distributions under section 6 of the Saginaw Chippewa Indian
     Tribe of Michigan Distribution of Judgment Funds Act (Public
     Law 99-346; 100 Stat. 677).
       [(f) Tribal Audit.--After the date on which the settlement
     funds described in section 5 are transferred or paid to the
     Spokane Tribe, the funds--
       [(1) shall be considered to be Spokane Tribe governmental
     funds; and
       [(2) shall be subject to an annual tribal governmental
     audit.

     [SEC. 7. SATISFACTION OF CLAIMS.

       [Payment by the Secretary under section 5 constitutes full
     satisfaction of the claim of Spokane Tribe to a fair share of
     the annual hydropower revenues generated by the Grand Coulee
     Dam project from June 29, 1940, through the fiscal year
     preceding the fiscal year in which this Act is enacted.

     [SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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

     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;
       (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.);

[[Page S11582]]

       (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
       (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, 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.

     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) 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.
         Amend the title so as to read: ``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.''.
  The amendment (No. 4068) was agreed to, as follows:

  (Purpose: To make clear that land transferred under the bill shall
      remain part of the Lake Roosevelt National Recreation Area)

       In section 9(c), redesignate paragraph (3) as paragraph
     (4).
       In section 9(c), after paragraph (2), insert the following:
       (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 affects 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.).
       On page 23, Section 6, after line 11 insert the following:
       (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.
       On page 28, after line 3, insert the following:

     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 Committee amendment in the nature of a substitute, as amended,
was agreed to.
  The bill (S. 1438), as amended, was read the third time and passed,
as follows:

                                S. 1438

       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;
       (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;

[[Page S11583]]

       (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
       (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, 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.

     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

[[Page S11584]]

     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 title was amended so as to read: ``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.''

                          ____________________