II

103D CONGRESS

2D SESSION H. R. 4757

IN THE SENATE OF THE UNITED STATES

OCTOBER 4 (legislative day, SEPTEMBER 12), 1994

Received

AN ACT

To provide for the settlement of the claims of the Confederated Tribes of the Colville Reservation concerning their

contribution to the production of hydropower by the

Grand Coulee Dam, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Confederated Tribes

5 of the Colville Reservation Grand Coulee Dam Settlement

6 Act’’.
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1 SEC. 2. DEFINITIONS.

2 For purposes of this Act:

3 (1) The term ‘‘Administrator’’ means the Ad4 ministrator of the Bonneville Power Administration.

5 (2) The term ‘‘Bonneville Power Administra6 tion’’ means the Bonneville Power Administration of

7 the Department of Energy or any successor Agency,

8 Corporation, or entity that markets power produced

9 at the Dam.

10 (3) The term ‘‘Dam’’ means the Grand Coulee

11 Dam operated by the Bureau of Reclamation of the

12 Department of the Interior, the power from which is

13 marketed by the Bonneville Power Administration of

14 the Department of Energy.

15 (4) The term ‘‘Settlement Agreement’’ means

16 the Settlement Agreement entered into between the

17 United States and the Tribe, signed by the United

18 States on April 21, 1994, and by the Tribe on April

19 16, 1994, to settle the claims of the Tribe in Docket

20 181–D of the Indian Claims Commission, which

21 docket has been transferred to the United States

22 Court of Federal Claims.

23 (5) The term ‘‘Tribe’’ means the Confederated

24 Tribes of the Colville Reservation, a federally recog25 nized Indian tribe.
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1 SEC. 3. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—The Congress finds that—

3 (1) there is pending before the United States

4 Court of Federal Claims, a suit by the Confederated

5 Tribes of the Colville Reservation against the United

6 States, in which the Tribe seeks to recover damages

7 under the ‘‘Fair and Honorable Dealings’’ clause of

8 the Indian Claims Commission Act (Act of August

9 13, 1946, 60 Stat. 1049), and in which, although

10 the matter is in dispute, the potential liability of the

11 United States is substantial;

12 (2) the claim alleges that the United States has

13 since the construction of Grand Coulee Dam used

14 Colville Reservation land in the generation of electric

15 power, and will continue to use such reservation land

16 for as long as Grand Coulee Dam produces power;

17 and that the United States has promised and under18 taken to pay the Tribe for such use and has not

19 done so;

20 (3) the United States, after years of litigation,

21 has negotiated a Settlement Agreement with the

22 Tribe, signed by the Department of Justice, the

23 Bonneville Power Administration and the Depart24 ment of the Interior. The Settlement Agreement is

25 contingent on the enactment of the enabling legisla26 tion; and
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1 (4) the Settlement Agreement, approved in this

2 Act, will provide mutually agreeable compensation

3 for the past use of reservation land in connection

4 with the generation of electric power at Grand Cou5 lee Dam, and will establish a method to ensure that

6 the Tribe will be compensated for the future use of

7 reservation land in the generation of electric power

8 at Grand Coulee Dam, and will settle the claims of

9 the Tribe against the United States brought under

10 the Indian Claims Commission Act.

11 (b) PURPOSES.—It is the purpose of this Act—

12 (1) to approve and ratify the Settlement Agree13 ment entered into by the United States and the

14 Tribe; and

15 (2) to direct the Bonneville Power Administra16 tion to carry out its obligations under the Settlement

17 Agreement.

18 SEC. 4. APPROVAL, RATIFICATION, AND IMPLEMENTATION

19 OF SETTLEMENT AGREEMENT.

20 (a) APPROVAL AND RATIFICATION.—The Settlement

21 Agreement is approved and ratified.

22 (b) ANNUAL PAYMENTS.—The Bonneville Power Ad23 ministration shall make annual payments to the Tribe as

24 set forth in the Settlement Agreement and shall carry out

25 its other obligations under the Settlement Agreement.
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1 (c) SETTLEMENT.—Consistent with the negotiated

2 terms of the Settlement Agreement, the United States

3 shall join in the motion that the Tribe has agreed to file

4 in Confederated Tribes v. United States, Indian Claims

5 Commission Docket 181–D, for the entry of a compromise

6 final judgment in the amount of $53,000,000. The judg7 ment shall be paid from funds appropriated pursuant to

8 section 1304 of title 31, United States Code and is not

9 reimbursable by the Bonneville Power Administration.

10 SEC. 5. DISTRIBUTION OF THE SETTLEMENT FUNDS.

11 (a) LUMP-SUM PAYMENT.—The judgment of

12 $53,000,000, when paid, shall be deposited in the Treas13 ury of the United States and the principal amount and

14 interest on the judgment, shall be credited to the account

15 of the Tribe. These funds may be advanced or expended

16 for any purpose by the tribal governing body of the Con17 federated Tribes of the Colville Reservation, pursuant to

18 a distribution plan developed by the Tribe and approved

19 by the Secretary of the Interior pursuant to section 3 of

20 Public Law 93–134 (25 U.S.C. 1403): Provided, That any

21 payment to a minor under the distribution plan shall be

22 held in trust by the United States for the minor until the

23 minor reaches the age of 18, or until the minor’s class

24 is scheduled to graduate from high school, whichever is

25 later: Provided further, That emergency use of trust funds
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1 may be authorized for the benefit of the minor pursuant

2 to regulations of the Bureau of Indian Affairs.

3 (b) ANNUAL PAYMENTS.—In addition to the lump4 sum payment, annual payments shall be made directly to

5 the Tribe in accordance with the Settlement Agreement,

6 and may be used in the same manner as any other income

7 received by the tribe from the lease or sale of natural re8 sources.

9 SEC. 6. REPAYMENT CREDIT.

10 Beginning with fiscal year 2000 and continuing for

11 so long as annual payments are made under this Act, the

12 Administrator shall deduct from the interest payable to

13 the Secretary of the Treasury from net proceeds as de14 fined in section 13 of the Federal Columbia River Trans15 mission System Act, an amount equal to 26 percent of

16 the payment made to the Tribe for the prior fiscal year.

17 Each deduction made under this section shall be a credit

18 to the interest payments otherwise payable by the Admin19 istrator to the Secretary of the Treasury during the fiscal

20 year in which the deduction is made, and shall be allocated

21 pro rata to all interest payments on debt associated with

22 the generation function of the Federal Columbia River

23 Power System that are due during that fiscal year; except

24 that, if the deduction in any fiscal year is greater than

25 the interest due on debt associated with the generation
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1 function for that fiscal year, then the amount of the de2 duction that exceeds the interest due on debt associated

3 with the generation function shall be allocated pro rata

4 to all other interest payments due during that fiscal year.

5 To the extent that the deduction exceeds the total amount

6 of any such interest, the deduction shall be applied as a

7 credit against any other payments that the Administrator

8 makes to the Secretary.

9 SEC. 7. MISCELLANEOUS PROVISIONS.

10 (a) LIENS AND FORFEITURES, ETC.—Funds paid or

11 deposited to the credit of the Tribe pursuant to the Settle12 ment Agreement or this Act, the interest or investment

13 income earned or received on those funds, and any pay14 ment authorized by the Tribe or the Secretary of the Inte15 rior to be made from those funds to tribal members, and

16 the interest or investment income on those payments

17 earned or received while the payments are held in trust

18 for the member, are not subject to levy, execution, forfeit19 ure, garnishment, lien, encumbrance, seizure, or State or

20 local taxation.

21 (b) ELIGIBILITY FOR FEDERAL AND FEDERALLY

22 FUNDED PROGRAMS.—Funds paid or deposited to the

23 credit of the Tribe pursuant to the Settlement Agreement

24 or this Act, the interest or investment income earned or

25 received on such funds, and any payment authorized by
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1 the Tribe or the Secretary of the Interior to be made from

2 those funds to tribal members, and the interest or invest3 ment income on those payments earned or received while

4 the payments are held in trust for the member, may not

5 be treated as income or resources nor otherwise utilized

6 as the basis for denying or reducing the financial assist7 ance or other benefit to which the Tribe, a tribal member,

8 or household would otherwise be entitled under the Social

9 Security Act or any Federal or federally assisted program.

10 (c) TRUST RESPONSIBILITY.—This Act and the Set11 tlement Agreement do not affect the trust responsibility

12 of the United States and its agencies to the Tribe and

13 the members of the Tribe.

Passed the House of Representatives October 3,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.