Home > 106th Congressional Bills > H.R. 1753 (pcs) To promote the research, identification, assessment, exploration, and development of gas hydrate resources, and for other purposes. [Placed on Calendar Senate] ...H.R. 1753 (pcs) To promote the research, identification, assessment, exploration, and development of gas hydrate resources, and for other purposes. [Placed on Calendar Senate] ...
108th CONGRESS
1st Session
H. R. 1753
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2003
Mr. Nethercutt (for himself and Mr. Dicks) introduced the following
bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
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.
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 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) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration.
(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 of the Treasury
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 Administrator of the Bonneville Power
Administration 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
Administrator (or the head of any successor agency) 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) of 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 of the Treasury receives from the
Spokane Business Council written notice of the adoption by the
Spokane Business Council of a resolution requesting that the
Secretary of the Treasury execute the transfer of settlement
funds described in section 5(a), the Secretary of the Treasury
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 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. REPAYMENT CREDIT.
(a) In General.--For the first fiscal year that begins after the
date of enactment of this Act, and for each subsequent fiscal year in
which annual payments are made under this Act, 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)), a percentage of the payment
made to the Spokane Tribe for the preceding fiscal year.
(b) Calculation.--The percentage deducted under subsection (a)
shall be calculated and adjusted to ensure that the Bonneville Power
Administration receives a deduction comparable to that which the
Bonneville Power Administration receives for payments made to the
Confederated Tribes of the Colville Reservation under to the
Confederated Tribes Act.
(c) Crediting.--
Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |