II
Calendar No. 317
109th CONGRESS
1st Session
S. 881
[Report No. 109–200]
IN THE SENATE OF THE UNITED STATES
April 21, 2005
Ms. Cantwell (for herself, Mr. Dorgan, Mrs. Murray, and Mr. Inouye) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs
December 8, 2005
Reported under authority of the order of the Senate of November 18, 2005, by Mr. McCain, without amendment
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.
Short title
This Act may be cited as the Spokane
Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable
Compensation Settlement Act
.
Findings
Congress finds that—
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;
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;
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;
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;
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.)—
federalized the Grand Coulee Dam project; and
began construction of the Grand Coulee Dam;
when the Grand Coulee Dam project was federalized, the Federal Government recognized that—
development of the project affected the interests of the Spokane Tribe and the Confederated Tribes of the Colville Reservation; and
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;
in the Act of June 29, 1940 (16 U.S.C. 835d et seq.), Congress—
granted to the United States—
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
other interests in such land as required and as designated by the Secretary for certain construction activities undertaken in connection with the project; and
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;
pursuant to that Act, the Secretary paid—
to the Spokane Tribe, $4,700; and
to the Confederated Tribes of the Colville Reservation, $63,000;
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—
for past use of the Colville Tribes’ land, a payment of $53,000,000; and
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;
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;
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;
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;
the Spokane Tribe had no such claim to amend, having settled its Claims Commission land claims with the United States in 1967;
the Spokane Tribe has suffered significant harm from the construction and operation of Grand Coulee Dam;
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;
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
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.
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.
Definitions
In this Act:
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.
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.
Colville tribes
The term Colville Tribes means the Confederated Tribes of the Colville Reservation.
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.
Confederated tribes act
The term Confederated Tribes Act means the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (108 Stat. 4577).
Fund
The term Fund means the Spokane Tribe of Indians Settlement Fund established by section 5.
Secretary
The term Secretary means the Secretary of the Interior.
Spokane business council
The term Spokane Business Council means the governing body of the Spokane Tribe under the constitution of the Spokane Tribe.
Spokane tribe
The term Spokane Tribe means the Spokane Tribe of Indians of the Spokane Reservation, Washington.
Settlement Fund
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—
amounts deposited in the Fund under subsection (b); and
any interest earned on investment of amounts in the Fund.
Deposits
From amounts made available under section 11—
for fiscal year 2006, the Secretary shall deposit in the Fund $17,800,000; and
for each of the 4 fiscal years thereafter, the Secretary shall deposit in the Fund $12,800,000.
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).
Payment of Funds to Spokane Business Council
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.
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.
Use of Funds
Cultural resource repository and interpretive center
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—
house, preserve, and protect the burial remains, funerary objects, and other cultural resources affected by the operation of the Grand Coulee Dam; and
provide an interpretive and educational facility regarding the culture and history of the Spokane Tribe.
Effect
The funding under subparagraph (A) does not alter or affect any authority, obligation, or responsibility of the United States under—
the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);
the Archaeological Resources Protection Act (16 U.S.C. 470aa et seq.);
the National Historic Preservation Act (16 U.S.C. 470 et seq.); or
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Other uses
Of all other amounts deposited in the Fund (including interest generated on those amounts)—
25 percent shall be—
reserved by the Spokane Business Council; and
used for discretionary purposes of general benefit to all members of the Spokane Tribe; and
75 percent shall be used by the Spokane Business Council to carry out—
resource development programs;
credit programs;
scholarship programs; or
reserve, investment, and economic development programs.
Payments by the Administrator
Initial Payment
On March 1, 2007, the Administrator shall pay the Spokane Tribe—
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
the amount that is equal to 29 percent of the Computed Annual Payment for fiscal year 2006.
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.
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.
Treatment after funds are paid
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.
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.
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).
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—
constitute Spokane Tribe governmental funds; and
be subject to an annual tribal government audit.
Repayment credit
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))—
in fiscal year 2007, $2,600,000; and
in each subsequent fiscal year in which the Administrator makes a payment under section 6, $1,300,000.
Crediting
In general
Except as provided in paragraphs (2) and (3), each deduction made under this section shall be—
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
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.
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.
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.
Transfer of administrative jurisdiction and restoration of ownership of land
Transfer of Jurisdiction
The Secretary shall transfer administrative jurisdiction from the Bureau of Reclamation to the Bureau of Indian Affairs over—
all land acquired by the United States under the Act of June 29, 1940 (16 U.S.C. 835d), that is located within the exterior boundaries of the Spokane Indian Reservation established pursuant to the Executive Order of January 18, 1881; and
all land on the south bank of the Spokane River that—
extends westerly from Little Falls Dam to the confluence of the Spokane River and Columbia River; and
is located at or below contour elevation 1290 feet above sea level.
Restoration of Ownership in Trust
All land transferred under this section—
shall be held in trust for the benefit and use of the Spokane Tribe; and
shall become part of the Spokane Indian Reservation.
Reservation of Rights
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.).
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.
Retention of national park system status
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.
Administration
Nothing in this section shall affect the authority or responsibility of the National Park Service to administer the Lake Roosevelt National Recreation Area under the Act of August 25, 1916 (39 Stat. 535, chapter 408; 16 U.S.C. 1 et seq.).
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.
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.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act.
Precedent
Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration.
December 8, 2005
Reported without amendment