S. 881Senate109th Congress (2005-2007)In Committee

Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act

Introduced April 21, 2005

Legislative Activity

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5 earlier actions
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 317.

December 8, 2005

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SenateIntro Referral

Introduced in Senate

April 21, 2005

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S4129)

April 21, 2005

SenateIntro Referral

Read twice and referred to the Committee on Indian Affairs.

April 21, 2005

SenateCommittee

Committee on Indian Affairs. Ordered to be reported without amendment favorably.

June 29, 2005

SenateCommittee

Committee on Indian Affairs. Reported by Senator McCain under authority of the order of the Senate of 11/18/2005 without amendment. With written report No. 109-200.

December 8, 2005

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 317.

December 8, 2005

Floor Debate

20 members

What members said about S. 881 on the floor

10 Republicans10 Democrats
Judd Gregg
Sen. Judd GreggR-NH · Jun 15, 2006

Mr. President, I rise to introduce a bill which is sponsored by myself and 20 other Members of the Senate. The purpose of this bill is to put some control over spending--or at least put procedures…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Apr 21, 2005

Mr. President, today Senators Hatch, Kennedy, Specter, Harkin and I are introducing legislation to ban human reproductive cloning, while ensuring that important medical research goes forward under…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Apr 21, 2005

Mr. President, today I am offering a measure which could serve as a first step towards eliminating the inequities borne by the dairy farmers of Wisconsin and the upper Midwest under the Federal Milk…

Jon S. Corzine
Sen. Jon S. CorzineD-NJ · Apr 21, 2005

Mr. President, I am pleased to join with Senators Santorum, Schumer, and DeMint in introducing the ASPIRE Act of 2005, which would expand opportunities for young adults, encourage savings, and…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Jun 15, 2006

Mr. President, I am pleased today to introduce the Heroes at Home Act of 2006. This legislation would take several important steps toward assisting our brave men and women in uniform in transitioning…

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Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Apr 21, 2005

Mr. President, on behalf of Senator Lieberman, the distinguished Ranking Member of the Governmental Affairs Committee and eleven other Senators, I rise to introduce the ``Biennial Budgeting and…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 21, 2005

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. Mr. President, I rise today to introduce America's Red Rock Wilderness Act of 2005. This legislation…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Apr 21, 2005

Mr. President, I rise today to introduce the Save More for Retirement Act of 2005 with my colleagues Senator Snowe, Senator Lieberman and Senator Obama. This legislation is designed to achieve two…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Apr 21, 2005

Mr. President, I rise today to join my esteemed colleague, Senator Feinstein as the lead cosponsor for the Feinstein-Snowe legislation that will rectify an unacceptable inequity when it comes to…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Jun 15, 2006

Mr. President, I am introducing legislation today with Senators Snowe, Cochran, Cantwell, Domenici, Lincoln, Jeffords, Collins, Murray, Harkin, Landrieu, Obama, Salazar, and Sessions entitled the…

Ron Wyden
Sen. Ron WydenD-OR · Jun 15, 2006

Mr. President, I am pleased to be joined today by Senator Gordon Smith, Senator Larry Craig and Senator Patty Murray in introducing the Fisheries Restoration and Irrigation Mitigation Act of 2006--or…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Jun 15, 2006

Mr. President, today I rise to introduce the Agriculture Small Business Opportunity and Enhancement Act of 2006. Currently, 28 States, including my home State of Utah, have State meat inspection…

Conrad R. Burns
Sen. Conrad R. BurnsR-MT · Jun 29, 2005

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on June 29, 2005, at 9:30 a.m., in open session to consider the…

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Maria Cantwell
Sen. Maria CantwellD-WA · Apr 21, 2005

Mr. President, I rise today to introduce legislation with my colleague from Washington State, Senator Murray, and former Senate Indian Affairs Committee chairman, Senator Inouye of Hawaii. The bill I…

Maria Cantwell
Sen. Maria CantwellD-WA · Apr 21, 2005

Mr. President, I rise today to introduce legislation with my colleague from Washington State, Senator Murray, and former Senate Indian Affairs Committee chairman, Senator Inouye of Hawaii. The bill I…

Ken Salazar
Sen. Ken SalazarD-CO · Apr 21, 2005

Mr. President, I rise today to introduce an important piece of legislation to help our local first responders and emergency officials better prepare and respond to terrorist attacks. State and local…

Robert Menendez
Sen. Robert MenendezD-NJ · Jun 15, 2006

Mr. President, I rise today with my good friend Senator Durbin to introduce the Mom's Opportunity to Access Help, Education, Research, and Support for Postpartum Depression, MOTHERS, Act. Senator…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Apr 21, 2005

Mr. President, I am very pleased to join with Senators Feinstein, Specter, Kennedy, and Harkin to introduce the Human Cloning Ban and Stem Cell Research Protection Act of 2005. This bill could help…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Apr 21, 2005

Today I am joining with Senators McCain, Lieberman, Salazar and Feinstein in introducing the National Park Centennial Act-- a bill to make the National Park System fiscally sound by its 100th…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jun 15, 2006

Mr. President, I rise to introduce legislation that enhances the innocent spouse equitable relief provision of the Internal Revenue Code. Through only minor legislative modifications, this bill…

Robert F. Bennett
Sen. Robert F. BennettR-UT · Jun 15, 2006

Mr. President, I rise today to introduce legislation to amend the Credit Repair Organizations Act, CROA, to stop abusive class action lawsuits against companies offering legitimate credit file…

Rick Santorum
Sen. Rick SantorumR-PA · Apr 21, 2005

Mr. President, today I am introducing ``The America Saving for Personal Investment, Retirement, and Education (ASPIRE) Act of 2005'' along with Senator Corzine, Senator Schumer and Senator DeMint. A…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Apr 21, 2005

Mr. President, it has been 20 years since the passage of the Arctic Research and Policy Act of 1984, a bill sponsored by the former Senator Murkowski. The time has come to make some modifications to…

John McCain
Sen. John McCainR-AZ · Jun 15, 2006

Mr. President, I am introducing today a bill to amend various provisions of the Indian Land Consolidation Act, ILCA. Some of these amendments are of a technical or clarifying nature; others have the…

Bill Text

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Reported to SenateIssued December 8, 2005

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 shall affect the authority or responsibility of the National Park Service to administer the Lake Roosevelt National Recreation Area under the Act of August 25, 1916 (39 Stat. 535, chapter 408; 16 U.S.C. 1 et seq.).

(4)

Memorandum of understanding

The cognizant agencies of the Department of the Interior shall enter into a memorandum of understanding with the Spokane Tribe to provide for coordination in applying this subsection.

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.

11.

Authorization of appropriations

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

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.

December 8, 2005

Reported without amendment