[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1448 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1448
To provide for equitable compensation to the Spokane Tribe of Indians
of the Spokane Reservation for the use of tribal land for the
production of hydropower by the Grand Coulee Dam, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2013
Ms. Cantwell (for herself and Mrs. Murray) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
_______________________________________________________________________
A BILL
To provide for equitable compensation to the Spokane Tribe of Indians
of the Spokane Reservation for the use of tribal land for the
production of hydropower by the Grand Coulee Dam, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spokane Tribe of Indians of the
Spokane Reservation Equitable Compensation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) from 1927 to 1931, at the direction of Congress, the
Corps of Engineers investigated the Columbia River and its
tributaries to determine sites at which power could be produced
at low cost;
(2) under section 10(e) of the Federal Power Act (16 U.S.C.
803(e)), when licenses are issued involving tribal land within
an Indian reservation, a reasonable annual charge shall be
fixed for the use of the land, subject to the approval of the
Indian tribe having jurisdiction over the land;
(3) in August 1933, the Columbia Basin Commission, an
agency of the State of Washington, received a preliminary
permit from the Federal Power Commission for water power
development at the Grand Coulee site;
(4) had the Columbia Basin Commission or a private entity
developed the site, the Spokane Tribe would have been entitled
to a reasonable annual charge for the use of the land of the
Spokane Tribe;
(5) in the mid-1930s, the Federal Government, which is not
subject to licensing under the Federal Power Act (16 U.S.C. 792
et seq.)--
(A) federalized the Grand Coulee Dam project; and
(B) began construction of the Grand Coulee Dam;
(6) when the Grand Coulee Dam project was federalized, the
Federal Government recognized that--
(A) development of the project affected the
interests of the Spokane Tribe and the Confederated
Tribes of the Colville Reservation; and
(B) it would be appropriate for the Spokane and
Colville Tribes to receive a share of revenue from the
disposition of power produced at Grand Coulee Dam;
(7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.),
Congress--
(A) granted to the United States--
(i) in aid of the construction, operation,
and maintenance of the Columbia Basin Project,
all the right, title, and interest of the
Spokane Tribe and Colville Tribes in and to the
tribal and allotted land within the Spokane and
Colville Reservations, as designated by the
Secretary of the Interior from time to time;
and
(ii) other interests in that land as
required and as designated by the Secretary for
certain construction activities undertaken in
connection with the project; and
(B) provided that compensation for the land and
other interests was to be determined by the Secretary
in such amounts as the Secretary determined to be just
and equitable;
(8) pursuant to that Act, the Secretary paid--
(A) to the Spokane Tribe, $4,700; and
(B) to the Confederated Tribes of the Colville
Reservation, $63,000;
(9) in 1994, following litigation under the Act of August
13, 1946 (commonly known as the ``Indian Claims Commission
Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et
seq.)), Congress ratified the Colville Settlement Agreement,
which required--
(A) for past use of the land of the Colville
Tribes, a payment of $53,000,000; and
(B) for continued use of the land of the Colville
Tribes, annual payments of $15,250,000, adjusted
annually based on revenues from the sale of electric
power from the Grand Coulee Dam project and
transmission of that power by the Bonneville Power
Administration;
(10) the Spokane Tribe, having suffered harm similar to
that suffered by the Colville Tribes, did not file a claim
within the 5-year statute of limitations under the Indian
Claims Commission Act;
(11) neither the Colville Tribes nor the Spokane Tribe
filed claims for compensation for use of the land of the
respective Tribes with the Commission prior to August 13, 1951,
but both Tribes filed unrelated land claims prior to August 13,
1951;
(12) in 1976, over objections by the United States, the
Colville Tribes were successful in amending the 1951 Claims
Commission land claims to add the Grand Coulee claim of the
Colville Tribes;
(13) the Spokane Tribe had no such claim to amend, having
settled the Claims Commission land claims of the Spokane Tribe
with the United States in 1967;
(14) the Spokane Tribe has suffered significant harm from
the construction and operation of Grand Coulee Dam;
(15) Spokane tribal acreage taken by the United States for
the construction of Grand Coulee Dam equaled approximately 39
percent of Colville tribal acreage taken for construction of
the dam;
(16) the payments and delegation made pursuant to this Act
constitute fair and equitable compensation for the past and
continued use of Spokane tribal land for the production of
hydropower at Grand Coulee Dam; and
(17) by vote of the Spokane tribal membership, the Spokane
Tribe has resolved that the payments and delegation made
pursuant to this Act constitute fair and equitable compensation
for the past and continued use of Spokane tribal land for the
production of hydropower at Grand Coulee Dam.
SEC. 3. PURPOSE.
The purpose of this Act is to provide fair and equitable
compensation to the Spokane Tribe for the use of the land of the
Spokane Tribe for the generation of hydropower by the Grand Coulee Dam.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration or the
head of any successor agency, corporation, or entity that
markets power produced at Grand Coulee Dam.
(2) Colville settlement agreement.--The term ``Colville
Settlement Agreement'' means the Settlement Agreement entered
into between the United States and the Colville Tribes, signed
by the United States on April 21, 1994, and by the Colville
Tribes on April 16, 1994, to settle the claims of the Colville
Tribes in Docket 181-D of the Indian Claims Commission, which
docket was transferred to the United States Court of Federal
Claims.
(3) Colville tribes.--The term ``Colville Tribes'' means
the Confederated Tribes of the Colville Reservation.
(4) Computed annual payment.--The term ``Computed Annual
Payment'' means the payment calculated under paragraph 2.b. of
the Colville Settlement Agreement, without regard to any
increase or decrease in the payment under section 2.d. of the
agreement.
(5) Confederated tribes act.--The term ``Confederated
Tribes Act'' means the Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act (Public Law 103-
436; 108 Stat. 4577).
(6) Fund.--The term ``Fund'' means the Spokane Tribe of
Indians Recovery Trust Fund established by section 5.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Spokane business council.--The term ``Spokane Business
Council'' means the governing body of the Spokane Tribe under
the constitution of the Spokane Tribe.
(9) Spokane tribe.--The term ``Spokane Tribe'' means the
Spokane Tribe of Indians of the Spokane Reservation,
Washington.
SEC. 5. SPOKANE TRIBE OF INDIANS RECOVERY TRUST FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a separate account to be known as the ``Spokane Tribe
of Indians Recovery Trust Fund'', consisting of--
(1) amounts deposited in the Fund under subsection (b); and
(2) any interest earned on investment of amounts in the
Fund.
(b) Deposits.--On October 1 of the first fiscal year after the date
of enactment of this Act, the Secretary of the Treasury shall, from the
general fund of the Treasury, deposit in the Fund $53,000,000.
(c) Maintenance and Investment of Fund.--The Fund shall be
maintained and invested by the Secretary in accordance with the Act of
June 24, 1938 (25 U.S.C. 162a).
(d) Payments to the Spokane Tribe.--
(1) In general.--At any time after the date on which the
Spokane Business Council has adopted a plan described in
subsection (e) and after amounts are deposited in the Fund, the
Spokane Business Council may request that all or a portion of
the amounts in the Fund be disbursed to the Spokane Tribe by
submitting to the Secretary written notice of the adoption by
the Spokane Business Council of a resolution requesting the
disbursement.
(2) Payment.--Not later than 60 days after the date on
which the Secretary receives notice under paragraph (1), the
Secretary shall disburse the amounts requested from the Fund to
the Spokane Tribe.
(e) Plan.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Spokane Business Council shall
prepare a plan that describes the manner in which the Spokane
Tribe intends to use amounts received under subsection (d) to
promote--
(A) economic development;
(B) infrastructure development;
(C) educational, health, recreational, and social
welfare objectives of the Spokane Tribe and the members
of the Spokane Tribe; or
(D) any combination of the activities described in
subparagraphs (A) through (C).
(2) Review and revision.--
(A) In general.--The Spokane Business Council shall
make available to the members of the Spokane Tribe for
review and comment a copy of the plan before the date
on which the plan is final, in accordance with
procedures established by the Spokane Business Council.
(B) Updates.--The Spokane Business Council may
update the plan on an annual basis, subject to the
condition that the Spokane Business Council provides
the members of the Spokane Tribe an opportunity to
review and comment on the updated plan.
SEC. 6. PAYMENTS BY ADMINISTRATOR.
(a) Initial Payment.--On March 1, 2014, the Administrator shall pay
to the Spokane Tribe an amount equal to 25 percent of the Computed
Annual Payment for fiscal year 2013.
(b) Subsequent Payments.--
(1) In general.--Not later than March 1, 2015, and March 1
of each year thereafter through March 1, 2023, the
Administrator shall pay the Spokane Tribe an amount equal to 25
percent of the Computed Annual Payment for the preceding fiscal
year.
(2) March 1, 2024, and subsequent years.--Not later than
March 1, 2024, and March 1 of each year thereafter, the
Administrator shall pay the Spokane Tribe an amount equal to 32
percent of the Computed Annual Payment for the preceding fiscal
year.
SEC. 7. TREATMENT AFTER AMOUNTS ARE PAID.
(a) Use of Payments.--Payments made to the Spokane Business Council
or Spokane Tribe under section 5 or 6 may be used or invested by the
Spokane Business Council in the same manner and for the same purposes
as other Spokane Tribe governmental amounts.
(b) No Trust Responsibility of the Secretary.--Neither the
Secretary nor the Administrator shall have any trust responsibility for
the investment, supervision, administration, or expenditure of any
amounts after the date on which the funds are paid to the Spokane
Business Council or Spokane Tribe under section 5 or 6.
(c) Treatment of Funds for Certain Purposes.--The payments of all
amounts to the Spokane Business Council and Spokane Tribe under
sections 5 and 6, and the interest and income generated by those
amounts, shall be treated in the same manner as payments under section
6 of the Saginaw Chippewa Indian Tribe of Michigan Distribution of
Judgment Funds Act (100 Stat. 677).
(d) Tribal Audit.--After the date on which amounts are paid to the
Spokane Business Council or Spokane Tribe under section 5 or 6, the
amounts shall--
(1) constitute Spokane Tribe governmental amounts; and
(2) be subject to an annual tribal government audit.
SEC. 8. REPAYMENT CREDIT.
(a) In General.--The Administrator shall deduct from the interest
payable to the Secretary of the Treasury from net proceeds (as defined
in section 13 of the Federal Columbia River Transmission System Act (16
U.S.C. 838k))--
(1) in fiscal year 2023, $2,700,000; and
(2) in each subsequent fiscal year in which the
Administrator makes a payment under section 6, $2,700,000.
(b) Crediting.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each deduction made under this section for the fiscal year
shall be--
(A) a credit to the interest payments otherwise
payable by the Administrator to the Secretary of the
Treasury during the fiscal year in which the deduction
is made; and
(B) allocated pro rata to all interest payments on
debt associated with the generation function of the
Federal Columbia River Power System that are due during
the fiscal year.
(2) Deduction greater than amount of interest.--If, in an
applicable fiscal year under paragraph (1), the deduction is
greater than the amount of interest due on debt associated with
the generation function for the fiscal year, the amount of the
deduction that exceeds the interest due on debt associated with
the generation function shall be allocated pro rata to all
other interest payments due during the fiscal year.
(3) Credit.--To the extent that a deduction exceeds the
total amount of interest described in paragraphs (1) and (2),
the deduction shall be applied as a credit against any other
payments that the Administrator makes to the Secretary of the
Treasury.
SEC. 9. EXTINGUISHMENT OF CLAIMS.
On the deposit of amounts in the Fund under section 5, all monetary
claims that the Spokane Tribe has or may have against the United States
to a fair share of the annual hydropower revenues generated by the
Grand Coulee Dam project for the past and continued use of land of the
Spokane Tribe for the production of hydropower at Grand Coulee Dam
shall be extinguished.
SEC. 10. ADMINISTRATION.
Nothing in this Act establishes any precedent or is binding on the
Southwestern Power Administration, Western Area Power Administration,
or Southeastern Power Administration.
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