[116th Congress Public Law 100]
[From the U.S. Government Publishing Office]
[[Page 3255]]
SPOKANE TRIBE OF INDIANS OF THE SPOKANE RESERVATION EQUITABLE
COMPENSATION ACT
[[Page 133 STAT. 3256]]
Public Law 116-100
116th Congress
An Act
To provide for equitable compensation to the Spokane Tribe of Indians of
the Spokane Reservation for the use of tribal land for the production of
hydropower by the Grand Coulee Dam, and for other purposes. <<NOTE: Dec.
20, 2019 - [S. 216]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Spokane Tribe of
Indians of the Spokane Reservation Equitable Compensation
Act. Washington.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spokane Tribe of Indians of the
Spokane Reservation Equitable Compensation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) from 1927 to 1931, at the direction of Congress, the
Corps of Engineers investigated the Columbia River and its
tributaries to determine sites at which power could be produced
at low cost;
(2) under section 10(e) of the Federal Power Act (16 U.S.C.
803(e)), when licenses are issued involving tribal land within
an Indian reservation, a reasonable annual charge shall be fixed
for the use of the land, subject to the approval of the Indian
tribe having jurisdiction over the land;
(3) in August 1933, the Columbia Basin Commission, an agency
of the State of Washington, received a preliminary permit from
the Federal Power Commission for water power development at the
Grand Coulee site;
(4) had the Columbia Basin Commission or a private entity
developed the site, the Spokane Tribe would have been entitled
to a reasonable annual charge for the use of the land of the
Spokane Tribe;
(5) in the mid-1930s, the Federal Government, which is not
subject to licensing under the Federal Power Act (16 U.S.C. 792
et seq.)--
(A) federalized the Grand Coulee Dam project; and
(B) began construction of the Grand Coulee Dam;
(6) when the Grand Coulee Dam project was federalized, the
Federal Government recognized that--
(A) development of the project affected the
interests of the Spokane Tribe and the Confederated
Tribes of the Colville Reservation; and
(B) it would be appropriate for the Spokane and
Colville Tribes to receive a share of revenue from the
disposition of power produced at Grand Coulee Dam;
(7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.),
Congress--
[[Page 133 STAT. 3257]]
(A) granted to the United States--
(i) in aid of the construction, operation, and
maintenance of the Columbia Basin Project, all the
right, title, and interest of the Spokane Tribe
and Colville Tribes in and to the tribal and
allotted land within the Spokane and Colville
Reservations, as designated by the Secretary of
the Interior from time to time; and
(ii) other interests in that land as required
and as designated by the Secretary for certain
construction activities undertaken in connection
with the project; and
(B) provided that compensation for the land and
other interests was to be determined by the Secretary in
such amounts as the Secretary determined to be just and
equitable;
(8) pursuant to that Act, the Secretary paid--
(A) to the Spokane Tribe, $4,700; and
(B) to the Confederated Tribes of the Colville
Reservation, $63,000;
(9) in 1994, following litigation under the Act of August
13, 1946 (commonly known as the ``Indian Claims Commission Act''
(60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et seq.)),
Congress ratified the Colville Settlement Agreement, which
required--
(A) for past use of the land of the Colville Tribes,
a payment of $53,000,000; and
(B) for continued use of the land of the Colville
Tribes, annual payments of $15,250,000, adjusted
annually based on revenues from the sale of electric
power from the Grand Coulee Dam project and transmission
of that power by the Bonneville Power Administration;
(10) the Spokane Tribe, having suffered harm similar to that
suffered by the Colville Tribes, did not file a claim within the
5-year statute of limitations under the Indian Claims Commission
Act;
(11) neither the Colville Tribes nor the Spokane Tribe filed
claims for compensation for use of the land of the respective
tribes with the Commission prior to August 13, 1951, but both
tribes filed unrelated land claims prior to August 13, 1951;
(12) in 1976, over objections by the United States, the
Colville Tribes were successful in amending the 1951 Claims
Commission land claims to add the Grand Coulee claim of the
Colville Tribes;
(13) the Spokane Tribe had no such claim to amend, having
settled the Claims Commission land claims of the Spokane Tribe
with the United States in 1967;
(14) the Spokane Tribe has suffered significant harm from
the construction and operation of Grand Coulee Dam;
(15) Spokane tribal acreage taken by the United States for
the construction of Grand Coulee Dam equaled approximately 39
percent of Colville tribal acreage taken for construction of the
dam;
(16) the payments and delegation made pursuant to this Act
constitute fair and equitable compensation for the past
[[Page 133 STAT. 3258]]
and continued use of Spokane tribal land for the production of
hydropower at Grand Coulee Dam; and
(17) by vote of the Spokane tribal membership, the Spokane
Tribe has resolved that the payments and delegation made
pursuant to this Act constitute fair and equitable compensation
for the past and continued use of Spokane tribal land for the
production of hydropower at Grand Coulee Dam.
SEC. 3. PURPOSE.
The purpose of this Act is to provide fair and equitable
compensation to the Spokane Tribe for the use of the land of the Spokane
Tribe for the generation of hydropower by the Grand Coulee Dam.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration or the head
of any successor agency, corporation, or entity that markets
power produced at Grand Coulee Dam.
(2) Colville settlement agreement.--The term ``Colville
Settlement Agreement'' means the Settlement Agreement entered
into between the United States and the Colville Tribes, signed
by the United States on April 21, 1994, and by the Colville
Tribes on April 16, 1994, to settle the claims of the Colville
Tribes in Docket 181-D of the Indian Claims Commission, which
docket was transferred to the United States Court of Federal
Claims.
(3) Colville tribes.--The term ``Colville Tribes'' means the
Confederated Tribes of the Colville Reservation.
(4) Computed annual payment.--The term ``Computed Annual
Payment'' means the payment calculated under paragraph 2.b. of
the Colville Settlement Agreement, without regard to any
increase or decrease in the payment under section 2.d. of the
agreement.
(5) Confederated tribes act.--The term ``Confederated Tribes
Act'' means the Confederated Tribes of the Colville Reservation
Grand Coulee Dam Settlement Act (Public Law 103-436; 108 Stat.
4577).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Spokane business council.--The term ``Spokane Business
Council'' means the governing body of the Spokane Tribe under
the constitution of the Spokane Tribe.
(8) Spokane tribe.--The term ``Spokane Tribe'' means the
Spokane Tribe of Indians of the Spokane Reservation, Washington.
SEC. 5. PAYMENTS BY ADMINISTRATOR.
(a) <<NOTE: Effective date.>> Initial Payment.--On March 1, 2022,
the Administrator shall pay to the Spokane Tribe an amount equal to 25
percent of the Computed Annual Payment for fiscal year 2021.
(b) <<NOTE: Deadlines.>> Subsequent Payments.--
(1) In general.--Not later than March 1, 2023, and March 1
of each year thereafter through March 1, 2029, the Administrator
shall pay the Spokane Tribe an amount equal to 25 percent of the
Computed Annual Payment for the preceding fiscal year.
[[Page 133 STAT. 3259]]
(2) March 1, 2030, and subsequent years.--Not later than
March 1, 2030, and March 1 of each year thereafter, the
Administrator shall pay the Spokane Tribe an amount equal to 32
percent of the Computed Annual Payment for the preceding fiscal
year.
SEC. 6. TREATMENT AFTER AMOUNTS ARE PAID.
(a) Use of Payments.--Payments made to the Spokane Business Council
or Spokane Tribe under section 5 may be used or invested by the Spokane
Business Council in the same manner and for the same purposes as other
Spokane Tribe governmental amounts.
(b) No Trust Responsibility of the Secretary.--Neither the Secretary
nor the Administrator shall have any trust responsibility for the
investment, supervision, administration, or expenditure of any amounts
after the date on which the funds are paid to the Spokane Business
Council or Spokane Tribe under section 5.
(c) Treatment of Funds for Certain Purposes.--The payments of all
amounts to the Spokane Business Council and Spokane Tribe under section
5, and the interest and income generated by those amounts, shall be
treated in the same manner as payments under section 6 of the Saginaw
Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act
(100 Stat. 677).
(d) Tribal Audit.--After the date on which amounts are paid to the
Spokane Business Council or Spokane Tribe under section 5, the amounts
shall--
(1) constitute Spokane Tribe governmental amounts; and
(2) be subject to an annual tribal government audit.
SEC. 7. REPAYMENT CREDIT.
(a) In General.--The Administrator shall deduct from the interest
payable to the Secretary of the Treasury from net proceeds (as defined
in section 13 of the Federal Columbia River Transmission System Act (16
U.S.C. 838k))--
(1) in fiscal year 2030, $2,700,000; and
(2) in each subsequent fiscal year in which the
Administrator makes a payment under section 5, $2,700,000.
(b) Crediting.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each deduction made under this section for the fiscal year
shall be--
(A) a credit to the interest payments otherwise
payable by the Administrator to the Secretary of the
Treasury during the fiscal year in which the deduction
is made; and
(B) allocated pro rata to all interest payments on
debt associated with the generation function of the
Federal Columbia River Power System that are due during
the fiscal year.
(2) Deduction greater than amount of interest.--If, in an
applicable fiscal year under paragraph (1), the deduction is
greater than the amount of interest due on debt associated with
the generation function for the fiscal year, the amount of the
deduction that exceeds the interest due on debt associated with
the generation function shall be allocated pro rata to all other
interest payments due during the fiscal year.
[[Page 133 STAT. 3260]]
(3) <<NOTE: Applicability.>> Credit.--To the extent that a
deduction exceeds the total amount of interest described in
paragraphs (1) and (2), the deduction shall be applied as a
credit against any other payments that the Administrator makes
to the Secretary of the Treasury.
SEC. 8. EXTINGUISHMENT OF CLAIMS.
On the date that payment under section 5(a) is made to the Spokane
Tribe, all monetary claims that the Spokane Tribe has or may have
against the United States to a fair share of the annual hydropower
revenues generated by the Grand Coulee Dam project for the past and
continued use of land of the Spokane Tribe for the production of
hydropower at Grand Coulee Dam shall be extinguished.
SEC. 9. ADMINISTRATION.
Nothing in this Act establishes any precedent or is binding on the
Southwestern Power Administration, Western Area Power Administration, or
Southeastern Power Administration.
Approved December 20, 2019.
LEGISLATIVE HISTORY--S. 216:
---------------------------------------------------------------------------
SENATE REPORTS: No. 116-4 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 165 (2019):
June 27, considered and passed Senate.
Dec. 16, considered and passed House.
<all>