```

[Senate Report 114-377]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 672
114th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      114-377

======================================================================
 
 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

                                _______
                                

               November 16, 2016.--Ordered to be printed

                                _______
                                

   Mr. Barrasso, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 2739]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2739) 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, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                PURPOSE

    The bill, S. 2739, would provide fair and equitable 
compensation to the Spokane Tribe of Indians of the Spokane 
Reservation (Spokane Tribe) for the past and continued use of 
their tribal lands by the Federal government for the production 
of hydroelectric power generation by the Grand Coulee Dam in 
the state of Washington.
    Specifically, S. 2739 would provide the Spokane Tribe with 
a lump-sum payment for the past use of tribal lands, which are 
now submerged under the reservoir created by the Grand Coulee 
Dam. Additionally, the bill would provide the Spokane Tribe 
with annual payments for the continued use of tribal lands, 
based on the sale of hydroelectric power generated by the Grand 
Coulee Dam.

                               BACKGROUND

    From 1927 to 1931, the United States Army Corps of 
Engineers (Corps), at the direction of Congress, investigated 
the Columbia River and its tributaries to identify sites where 
dams could be constructed to produce hydroelectric power at low 
cost.\1\ During this time, the Corps recommended a number of 
sites where dams could be constructed, including the site where 
the Grand Coulee Dam is now located. The site chosen for the 
Grand Coulee Dam consisted, in part, of lands held in trust by 
the Federal government for the benefit of the Spokane Tribe and 
the Confederated Tribes of the Colville Reservation (Colville 
Tribes).
---------------------------------------------------------------------------
    \1\Federal Power Act of 1920 Sec. 4, 16 U.S.C. Sec. 797 (1920).
---------------------------------------------------------------------------
    The Federal Power Act and its Effect on Indian tribes. The 
Corps recommended the construction of the Grand Coulee Dam be 
undertaken by local governments or private utilities, as a 
licensee, under the authority of the Federal Power Act.\2\ When 
tribal lands are involved, licensing procedures require the 
licensee to pay an annual payment to Indian tribes who have 
jurisdiction over the tribal lands.\3\ In 1933, the Federal 
Power Commission issued a preliminary permit to the Columbia 
Basin Commission to construct a dam at the recommended Grand 
Coulee site. During the mid-1930s, the Federal government 
federalized the Grand Coulee Dam project and began construction 
of the dam. The Federal government is not subject to the 
Federal Power Act and is not obligated to make annual payments 
to Indian tribes when tribal lands are used for projects such 
as the Grand Coulee Dam project.\4\
---------------------------------------------------------------------------
    \2\Id.
    \3\Federal Power Act of 1920 Sec. 10, 16 U.S.C. Sec. 803(e) (1920).
    \4\Id.
---------------------------------------------------------------------------
    Compensation to the Tribes. The Spokane Tribe and Colville 
Tribes' interests were affected when the Federal government 
federalized the Grand Coulee Dam project. The Federal 
government acknowledged the effects and determined that both 
tribes should receive a share of revenue from the disposition 
of power produced by the Grand Coulee Dam. The Act of June 29, 
1940 directed the Secretary of the Interior (Secretary) to 
provide compensation to the Spokane Tribe and Colville Tribes 
for the use of tribal lands in an amount determined by the 
Secretary to be just and equitable.\5\ The Secretary paid to 
the Spokane Tribe, $4,700, and to the Colville Tribes, $63,000.
---------------------------------------------------------------------------
    \5\Act of June 29, 1940 Sec. 2, 16 U.S.C. Sec. 835d (1940).
---------------------------------------------------------------------------
    The Indian Claims Commission. Prior to Congress enacting 
the Indian Claims Commission Act in 1946, Indian tribes needed 
Congressional action to pursue claims against the Federal 
government. The purpose of the 1946 Act was to establish a 
forum, the Indian Claims Commission (ICC), for Indian tribes to 
pursue historic claims, dating before August 13, 1946, against 
the Federal government. The ICC did not have authority to grant 
or restore lands to Indian tribes and was only able to award 
monetary compensation. Under the 1946 Act, Indian tribes had a 
five year statute of limitations to file claims with the ICC.
    Both the Spokane Tribe and the Colville Tribes filed 
separate, unrelated land claims prior to the August 13, 1951 
deadline. During the five year period to file claims with the 
ICC, neither the Spokane nor the Colville Tribes filed claims 
for compensation for the use of tribal lands to construct the 
Grand Coulee Dam.
    The Spokane Tribes' land claims before the ICC had all been 
fully adjudicated by 1967. By settling the land claims against 
the Federal government, the Spokane Tribe had no further 
mechanism to litigate claims over the Grand Coulee Dam project 
in Federal court due, in part, to the 5-year statute of 
limitations set in the Indian Claims Commission Act.
    The Colville Settlement Agreement. In 1976, against 
objection by the United States because of the cessation of the 
ICC, the Colville Tribes were successful in amending their ICC 
land claim to add the Grand Coulee Dam project, creating an 
opportunity for the tribe to seek compensation in the 1994 
Colville Settlement Agreement.
    In 1994, to halt this litigation pending under the Indian 
Claims Commission Act, Congress ratified the Colville 
Settlement Agreement (Agreement) requiring a payment of $53 
million to the Colville Tribes for the past use of tribal 
lands.\6\ Additionally under the Agreement, the Colville Tribes 
are provided annual payments of $15,250,000, adjusted annually 
based on revenues from the sale of electric power from the 
Grand Coulee Dam project and the transmission of that power by 
the Bonneville Power Administration, for the continued use of 
Colville tribal lands.\7\ Unlike the Colville Tribes, the 
Spokane Tribes were not likewise compensated under the 
Agreement for the continued use of their tribal lands.
---------------------------------------------------------------------------
    \6\Act of August 13, 1946, omitted 25 U.S.C. Sec. 70 et seq. in 
that the Indian Claims Commissions was terminated on September 30, 1978 
by Pub. L. No. 94-465 (1976).
    \7\Confederated Tribes of the Colville Reservation Grand Coulee Dam 
Settlement Act, Pub. L. No. 103-436, 108 Stat. 4577 (1994).
---------------------------------------------------------------------------

                          NEED FOR LEGISLATION

    The Spokane Tribe has been affected by the construction and 
operation of the Grand Coulee Dam. The bill, S. 2739, would 
provide fair and equitable compensation to the Spokane Tribe by 
requiring payments from the Federal government to the Spokane 
Tribe for past and continued use of tribal lands in generating 
hydropower from the Grand Coulee Dam in the state of 
Washington. With no further opportunity to litigate lands 
claims of the Spokane Tribe in federal court, legislation is 
necessary to provide fair and equitable compensation that the 
Spokane Tribe is seeking for the use of their lands.

                          LEGISLATIVE HISTORY

    On March 17, 2016, Senator Cantwell with Senator Murray 
introduced S. 2739, to provide for equitable compensation to 
the Spokane Tribe of Indians of the Spokane Reservation for the 
use of tribal land, and for the production of hydropower by the 
Grand Coulee Dam, and for other purposes (also known as the 
Spokane Tribe of Indians of the Spokane Reservation Equitable 
Compensation Act). At this time, there is no House companion 
bill. A legislative hearing was not held on this bill in the 
114th Congress, although one has been held on predecessor bills 
in prior Congresses. On May 11, 2016, the Committee held a duly 
called business meeting to consider S. 2739. The Committee 
ordered the bill to be reported favorably without amendment.

Prior Congresses

    113th Congress. On August 1, 2013, Senators Cantwell and 
Murray introduced S. 1448, the Spokane Tribe of Indians of the 
Spokane Reservation Equitable Compensation Act. Senator Begich 
was added as a cosponsor on February 4, 2014. The Committee 
held a legislative hearing on September 10, 2013. The Committee 
held a duly called business meeting on January 29, 2014 to 
consider S. 1448. The Committee ordered the bill to be reported 
favorably with an amendment in the nature of a substitute. No 
further action was taken on the bill.\8\ There was no House 
companion bill.
---------------------------------------------------------------------------
    \8\S. Rep. No. 113-202 (2014).
---------------------------------------------------------------------------
    112th Congress. On July 11, 2011, Senators Cantwell and 
Murray introduced S. 1345, the Spokane Tribe of Indians of the 
Spokane Reservation Grand Coulee Dam Equitable Compensation 
Settlement Act. A legislative hearing was held on October 20, 
2011. The Committee held a duly called business meeting on 
September 13, 2012 to consider S. 1345. The Committee ordered 
the bill to be reported favorably with an amendment in the 
nature of a substitute. No further action was taken on the 
bill, S. 1345. There was no House companion bill.
    111th Congress. On June 25, 2009, Senators Cantwell and 
Murray introduced S. 1388, the Spokane Tribe of Indians of the 
Spokane Reservation Grand Coulee Dam Equitable Compensation 
Settlement Act. Senator Inouye was added as a cosponsor on July 
28, 2009. The Committee held a duly called business meeting on 
September 10, 2009 to consider S. 1388. The bill, S. 1388, was 
ordered to be reported favorably without amendment. No further 
action was taken on the bill, S. 1388.
    The House companion bill, H.R. 3097, the Spokane Tribe of 
Indians of the Spokane Reservation Grand Coulee Dam Equitable 
Compensation Settlement Act, was introduced by Representatives 
Inslee and Dicks on June 26, 2009. Representative Kildee was 
added as a cosponsor on October 7, 2009. Representative 
Richardson was added as a cosponsor on February 3, 2010. The 
bill, H.R. 3097, was referred to the Committee on Natural 
Resources of the House of Representatives where no further 
action was taken on the bill.
    110th Congress. On December 17, 2007, Senators Cantwell and 
Murray introduced S. 2494, the Spokane Tribe of Indians of the 
Spokane Reservation Grand Coulee Dam Equitable Compensation 
Settlement Act. Senator Inouye was added as a cosponsor on 
January 24, 2008. The Committee held a legislative hearing on 
May 15, 2008. The Committee held a duly called business meeting 
on June 19, 2008 to consider S. 2494. The bill, S. 2494, was 
ordered to be reported favorably without amendment.\9\ No 
further action was taken on the bill.
---------------------------------------------------------------------------
    \9\S. Rep. No. 110-450 (2008).
---------------------------------------------------------------------------
    The House companion bill, H.R. 6547, the Spokane Tribe of 
Indians of the Spokane Reservation Grand Coulee Dam Equitable 
Compensation Settlement Act, was introduced by Representatives 
Inslee and Dicks on July 17, 2008. Representative Kildee was 
added as a cosponsor on July 29, 2008. The bill, H.R. 6547, was 
referred to the Committee on Natural Resources of the House of 
Representatives where no further action was taken on the bill.
    109th Congress. On April 21, 2005, Senator Cantwell with 
Senators Murray, Inouye, and McCain introduced S. 881, the 
Spokane Tribe of Indians of the Spokane Reservation Grand 
Coulee Dam Equitable Compensation Settlement Act. Senator 
Dorgan was added as a cosponsor on May 18, 2005. Senator McCain 
withdrew as a cosponsor on April 26, 2005. The bill, S. 881, 
was referred to the Committee. No legislative hearing was held 
on the bill. On June 29, 2005, the Committee ordered S. 881 to 
be reported favorably without amendment. On December 8, 2005, 
the bill was placed on the Senate Legislative Calendar under 
general orders. No further action was taken on the bill, S. 
881.
    The House companion bill, H.R. 1797, the Spokane Tribe of 
Indians of the Spokane Reservation Grand Coulee Dam Equitable 
Compensation Settlement Act, was introduced by Representatives 
McMorris Rodgers, Dicks and Kildee on April 21, 2005. 
Representative Inslee was added as a cosponsor on May 11, 2005. 
The bill, H.R. 1797, was referred to the Subcommittee on Water 
and Power of the Committee on Resources of the House of 
Representatives. On May 18, 2005, the Subcommittee on Water and 
Power discharged H.R. 1797 and by unanimous consent ordered the 
bill to be reported. On June 23, 2005, the Committee on 
Resources reported H.R. 1797 where the bill was placed on the 
Union Calendar. On July 25, 2005, Representative McMorris 
Rodgers moved to suspend the rules and pass the bill, when the 
House proceeded with forty minutes of debate with the motion to 
suspend the rules and pass the bill was agreed to by voice 
vote. On July 26, 2005, H.R. 1797 was received in the Senate. 
On July 27, 2005, the bill was read a second time and placed on 
the Senate Legislative Calendar under general orders. No 
further action was taken on the bill, H.R. 1797.
    108th Congress. On July 22, 2003, Senators Cantwell, Murray 
and Inouye introduced S. 1438, the Spokane Tribe of Indians of 
the Spokane Reservation Grand Coulee Dam Equitable Compensation 
Settlement Act. The Committee held a legislative hearing on 
October 2, 2003. On September 22, 2004, the Committee held a 
duly called business meeting to consider S. 1438 and ordered 
the bill to be reported favorably with an amendment in the 
nature of a substitute. On October 8, 2004, Senator Campbell 
reported the bill with an amendment in the nature of a 
substitute and an amendment to the title, where the bill was 
placed on Senate Legislative Calendar under general orders.\10\ 
On November 19, 2004, the Senate passed S. 1438 with an 
amendment and an amendment to the title by unanimous consent. 
The House received the bill, S. 1438, on November 20, 2004. The 
bill, S. 1438, was referred to Committee on Resources of the 
House of Representatives. On December 1, 2004, the bill, S. 
1438, was referred to the Subcommittee on Water and Power of 
the Committee on Resources of the House of Representatives. No 
further action was taken on the bill, S. 1438.
---------------------------------------------------------------------------
    \10\S. Rep. No. 108-397 (2004).
---------------------------------------------------------------------------
    The House companion bill, H.R. 1753, the Spokane Tribe of 
Indians of the Spokane Reservation Grand Coulee Dam Equitable 
Compensation Settlement Act, was introduced by Representatives 
Nethercutt and Dicks on April 10, 2003. Representative Kildee 
was added as a cosponsor on July 17, 2003. The bill, H.R. 1753, 
was referred to the Subcommittee on Water and Power of the 
Committee on Resources of the House of Representatives. On 
October 2, 2003, the Subcommittee on Water and Power held a 
legislative hearing on the bill. No further action was taken 
the bill.
    107th Congress. On May 23, 2002, Senators Murray, Cantwell 
and Inouye introduced S. 2567, Spokane Tribe of Indians of the 
Spokane Reservation Grand Coulee Dam Equitable Compensation 
Settlement Act. The bill, S. 2567, was referred to the 
Committee. No further action was taken on the bill, S. 2567.
    The House companion bill, H.R. 4859, the Spokane Tribe of 
Indians of the Spokane Reservation Grand Coulee Dam Equitable 
Compensation Settlement Act, was introduced by Representative 
Nethercutt on June 4, 2002. The bill, H.R. 4859, was referred 
to the Committee on Resources of the House of Representatives. 
No further action was taken on the bill.
    106th Congress. On August 5, 1999, Senators Murray and 
Inouye introduced S. 1525, Spokane Tribe of Indians of the 
Spokane Reservation Grand Coulee Dam Equitable Compensation 
Settlement Act. The bill, S. 1525, was referred to the 
Committee and no further action was taken on the bill.
    The House companion bill, H.R. 2664, the Spokane Tribe of 
Indians of the Spokane Reservation Grand Coulee Dam Equitable 
Compensation Settlement Act, was introduced by Representative 
Nethercutt on July 30, 1999. Representative Dicks was added as 
a cosponsor on August 5, 1999. The bill, H.R. 2664, was 
referred to the Committee on Resources of the House of 
Representatives. No further action was taken on the bill, H.R. 
2664.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    The Act may be cited as the ``Spokane Tribe of Indians of 
the Spokane Reservation Equitable Compensation Act''.

Section 2. Findings

    Section 2 states the findings of Congress that support the 
need for the Act.

Section 3. Purpose

    Section 3 states the purpose of the Act is to provide fair 
and equitable compensation to the Spokane Tribe for use of its 
lands for the generation of hydropower by the Grand Coulee Dam.

Section 4. Definitions

    Section 4 defines the key terms used throughout the Act.

Section 5. Spokane Tribe of Indians Recovery Trust Fund

    Section 5 establishes a trust fund of $53 million for the 
Spokane Tribe to be maintained and invested by the Secretary of 
the Interior until the fund is disbursed to the Tribe upon 
their request. Section 5 provides that the Tribe must prepare a 
plan on how it intends to use funds prior to the Tribe's 
request for disbursement of the trust fund.

Section 6. Payments by Administrator

    Section 6 provides for annual payments to the Spokane Tribe 
for continued use of tribal lands, based on the revenue from 
the generation of hydroelectric power by the Grand Coulee Dam.

Section 7. Treatment after amounts are paid

    Section 7 describes how the Tribe may use funds provided 
under sections 5 or 6 of the Act, and states that there is no 
trust responsibility of the Secretary of the Interior or the 
Bonneville Power Administrator for the funds once they are paid 
to the Tribe.

Section 8. Repayment credit

    Section 8 allows the Administrator of the Bonneville Power 
Administration a credit against future interest payments owed 
to the Secretary of the Treasury.

Section 9. Extinguishment of claims

    Section 9 states that upon the deposit of amounts in the 
Fund described in Section 5, all monetary claims the Spokane 
Tribe has or may have regarding the Grand Coulee Dam against 
the United States will be extinguished.

Section 10. Administration

    Section 10 states that the Act is not binding or 
establishing precedent for other power administrations.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated September 16, 2016, was 
prepared for S. 2739:

                                                September 16, 2016.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2739, the Spokane 
Tribe of Indians of the Spokane Reservation Equitable 
Compensation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 2739--Spokane Tribe of Indians of the Spokane Reservation Equitable 
        Compensation Act

    Summary: S. 2739 would provide compensation to the Spokane 
Tribe of Indians for tribal lands used in the construction of 
the Grand Coulee Dam in Washington. The bill would establish 
the Spokane Tribe of Indians Recovery Trust Fund and would 
require the Bonneville Power Administration (BPA) to make 
annual payments to the tribe from receipts generated from the 
sale of electricity.
    CBO estimates that enacting the legislation would increase 
net direct spending by $56 million over the 2017-2026 period; 
therefore, pay-as-you-go procedures apply. Enacting the bill 
would not affect revenues.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits by more than 
$5 billion in any of the four consecutive 10-year periods 
beginning in 2027.
    S. 2739 would impose an intergovernmental mandate as 
defined in the Unfunded Mandates Reform Act (UMRA) by 
extinguishing the monetary claims of the Spokane Tribe of 
Indians against the United States for hydropower revenues and 
for past and continued use of their land. CBO estimates that 
the cost of the mandate would not exceed the annual threshold 
established in that act ($77 million in 2016, adjusted annually 
for inflation).
    S. 2739 contains no private-sector mandates as defined in 
UMRA.
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 2739 is shown in the following table. 
The costs of this legislation fall within budget functions 450 
(community and regional development) and 270 (energy).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2017   2018   2019   2020   2021   2022   2023   2024   2025   2026  2017-2021  2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              INCREASES IN DIRECT SPENDING
 
Spokane Tribe of Indians Recovery Trust Fund:
    Budget Authority........................................      0     53      0      0      0      0      0      0      0      0        53         53
    Estimated Outlays.......................................      0     53      0      0      0      0      0      0      0      0        53         53
Budgetary Effects on the Bonneville Power Administration:
    Estimated Budget Authority..............................      0      0      0      0      0      0      0      0      0      3         0          3
    Estimated Outlays.......................................      0      0      0      0      0      0      0      0      0      3         0          3
    Total Changes:
        Estimated Budget Authority..........................      0     53      0      0      0      0      0      0      0      3        53         56
        Estimated Outlays...................................      0     53      0      0      0      0      0      0      0      3        53         56
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
2739 will be enacted before the end of calendar year 2016.

Spokane Tribe of Indians Recovery Trust Fund

    S. 2739 would create the Spokane Tribe of Indians Recovery 
Trust Fund to provide compensation for land taken from the 
tribe by the federal government to build the Grand Coulee Dam. 
S. 2739 would require that $53 million be deposited into that 
trust fund on the first day of the first fiscal year after 
enactment. Under the bill, the Spokane Tribal Business Council 
would have 18 months to prepare a plan detailing how the trust 
fund would be used before the amounts deposited in the trust 
fund, as well as any accrued interest, could be spent.
    Payments to certain tribal trust funds that are held and 
managed in a fiduciary capacity by the federal government on 
behalf of Indian tribes are treated as payments to a nonfederal 
entity. As a result, CBO expects that the entire amount 
deposited to this trust fund would be recorded as budget 
authority and outlays at the time of the deposit in 2018. The 
Secretary of the Interior would be required to invest the funds 
in government securities until those funds are expended by the 
tribe.

Budgetary effects on the Bonneville Power Administration

    The legislation also would require BPA to make an annual 
payment to the Spokane Tribe of Indians. Beginning in 2017 and 
extending through 2026, that payment would equal 25 percent of 
the annual payment that BPA makes under current law to the 
Confederated Tribes of the Colville Reservation. Beginning in 
2027, the annual payment to the Spokane Tribe would increase to 
32 percent of the payment to the Confederated Tribes. CBO 
estimates that those payments would total about $5 million 
annually until 2026 and then increase to about $8 million 
beginning in 2027. Under the legislation, those payments would 
continue as long as electricity is generated at the Grand 
Coulee Dam.
    Because BPA's operating costs are driven primarily by 
market and environmental conditions that are difficult to 
control, CBO expects that the agency would not be able to 
offset the costs of the annual payments by reducing operating 
expenses. Instead, we anticipate that BPA would increase the 
rates it charges customers for electricity to cover those 
costs. Therefore, those payments would generally be offset by 
an equivalent increase in the revenue collected from customers. 
CBO expects that the additional annual payment would become 
part of BPA's cost structure starting in 2018 and would be 
fully offset by an increase in rates for electricity. 
Therefore, CBO estimates there would be no net effect on the 
budget from the annual payments and rate increases in 2018 and 
subsequent years.
    In addition, starting in 2026, S. 2739 would reduce BPA's 
interest payments to the Treasury by $2.7 million in the years 
that BPA makes payments to the tribe. Because those payments 
offset direct spending, such reductions would have the effect 
of increasing direct spending by $2.7 million a year 
indefinitely, starting in 2026.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

            CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2739, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON INDIAN AFFAIRS ON MAY 11, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2016   2017   2018   2019   2020   2021   2022   2023   2024   2025   2026  2016-2021  2016-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go..............................      0      0     53      0      0      0      0      0      0      0      3        53         56
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits by more than $5 billion 
in at least one of the four consecutive 10-year periods 
beginning in 2027.
    Estimated impact on state, local, and tribal governments: 
S. 2739 would impose an intergovernmental mandate as defined in 
UMRA by extinguishing the monetary claims of the Spokane Tribe 
of Indians against the United States for hydropower revenues 
and for past and continued use of their land. Eliminating an 
existing right of action is a mandate because the right to seek 
redress and recover damages beyond what is provided in the bill 
would be lost. Based on information from the tribe, CBO assumes 
it is unlikely that the tribe would, absent the provision 
extinguishing claims, pursue such claims if the bill were 
enacted. Therefore, CBO estimates that the cost, if any, of the 
mandate would not exceed the annual threshold established in 
UMRA ($77 million in 2016, adjusted annually for inflation). 
Overall, the tribe would benefit from payments authorized for 
the tribe from both the federal government and the Bonneville 
Power Administration.
    Estimated impact on the private sector: S. 2739 contains no 
private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Robert Reese and Kathy 
Gramp; Impact on State, Local, and Tribal Governments: Rachel 
Austin; Impact on the Private Sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 2739 will 
have a minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 2739.

                        CHANGES IN EXISTING LAW

    In accordance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the bill, S. 2739, as ordered 
reported, would make no changes in existing law.

                                  [all]
```