Union Calendar No. 374

103D CONGRESS

2D SESSION H. R. 4757

[Report No. 103–685]

A BILL

To provide for the settlement of the claims of the

other purposes.hydropower by the Grand Coulee Dam, and forconcerning their contribution to the production ofConfederated Tribes of the Colville Reservation

AUGUST 8, 1994

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 374

103D CONGRESS

2D SESSION H. R. 4757

[Report No. 103–685]

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.

IN THE HOUSE OF REPRESENTATIVES

JULY 14, 1994

Mr. MILLER of California (for himself, Mr. RICHARDSON, Mr. INSLEE, Mr.

DICKS, and Ms. DUNN) introduced the following bill; which was referred

to the Committee on Natural Resources

AUGUST 8, 1994

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

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,
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1 SECTION 1. SHORT TITLE.

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

3 of the Colville Reservation Grand Coulee Dam Settlement

4 Act’’.

5 SEC. 2. DEFINITIONS.

6 For purposes of this Act:

7 (1) The term ‘‘Administrator’’ means the Ad8 ministrator of the Bonneville Power Administration.

9 (2) The term ‘‘Bonneville Power Administra10 tion’’ means the Bonneville Power Administration of

11 the Department of Energy or any successor Agency,

12 Corporation, or entity that markets power produced

13 at the Dam.

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

15 Dam operated by the Bureau of Reclamation of the

16 Department of the Interior, the power from which is

17 marketed by the Bonneville Power Administration of

18 the Department of Energy.

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

20 the Settlement Agreement entered into between the

21 United States and the Tribe, signed by the United

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

23 16, 1994, to settle the claims of the Tribe in Docket

24 181–D of the Indian Claims Commission, which

25 docket has been transferred to the United States

26 Court of Federal Claims.
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1 (5) The term ‘‘Tribe’’ means the Confederated

2 Tribes of the Colville Reservation, a federally recog3 nized Indian tribe.

4 SEC. 3. FINDINGS AND PURPOSES.

5 (a) FINDINGS.—The Congress finds the following:

6 (1) There is pending before the United States

7 Court of Federal Claims, a suit by the Confederated

8 Tribes of the Colville Reservation against the United

9 States, in which the Tribe seeks to recover damages

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

11 the Indian Claims Commission Act, (Act of August

12 13, 1946, 60 Stat. 1049), and in which, although

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

14 United States is substantial.

15 (2) The claim alleges that the United States

16 has since the construction of Grand Coulee Dam

17 used Colville Reservation land in the generation of

18 electric power, and will continue to use such reserva19 tion land for as long as Grand Coulee Dam produces

20 power; and that the United States has promised and

21 undertaken to pay the Tribe for such use and has

22 not done so.

23 (3) The United States, after years of litigation,

24 has negotiated a Settlement Agreement with the

25 Tribe, signed by the Department of Justice, the
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1 Bonneville Power Administration and the Depart2 ment of the Interior. The Settlement Agreement is

3 contingent on the enactment of the enabling legisla4 tion.

5 (4) The Settlement Agreement, approved in this

6 Act, will provide mutually agreeable compensation

7 for the past use of reservation land in connection

8 with the generation of electric power at Grand Cou9 lee Dam, and will establish a method to ensure that

10 the Tribe will be compensated for the future use of

11 reservation land in the generation of electric power

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

13 the Tribe against the United States brought under

14 the Indian Claims Commission Act.

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

16 (1) to approve and ratify the Settlement Agree17 ment entered into by the United States and the

18 Tribe; and

19 (2) to direct the Bonneville Power Administra20 tion to carry out its obligations under the Settlement

21 Agreement.

22 SEC. 4. APPROVAL, RATIFICATION, AND IMPLEMENTATION

23 OF SETTLEMENT AGREEMENT.

24 (a) APPROVAL AND RATIFICATION.—The Settlement

25 Agreement is approved and ratified.
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1 (b) ANNUAL PAYMENTS.—The Bonneville Power Ad2 ministration shall make annual payments to the Tribe as

3 set forth in the Settlement Agreement and shall carry out

4 its other obligations under the Settlement Agreement.

5 (c) SETTLEMENT.—Consistent with the negotiated

6 terms of the Settlement Agreement, the United States

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

8 in Confederated Tribes v. United States, Indian Claims

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

10 final judgment in the amount of $53,000,000. The judg11 ment shall be paid from funds appropriated pursuant to

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

13 reimbursable by the Bonneville Power Administration.

14 SEC. 5. DISTRIBUTION OF THE SETTLEMENT FUNDS.

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

16 $53,000,000, when paid, shall be deposited in the Treas17 ury of the United States and the principal amount and

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

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

20 for any purpose by the tribal governing body of the Con21 federated Tribes of the Colville Reservation, pursuant to

22 a distribution plan developed by the Tribe and approved

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

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

25 payment to a minor under the distribution plan shall be
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1 held in trust by the United States for the minor until the

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

3 is scheduled to graduate from high school, whichever is

4 later: Provided further, That emergency use of trust funds

5 may be authorized for the benefit of the minor pursuant

6 to regulations of the Bureau of Indian Affairs.

7 (b) ANNUAL PAYMENTS.—In addition to the lump8 sum payment, annual payments shall be made directly to

9 the Tribe in accordance with the Settlement Agreement,

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

11 received by the tribe from the lease or sale of natural re12 sources.

13 SEC. 6. REPAYMENT CREDIT.

14 Beginning with fiscal year 2000 and continuing for

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

16 Administrator shall deduct from the interest payable to

17 the Secretary of the Treasury from net proceeds as de18 fined in section 13 of the Federal Columbia River Trans19 mission System Act, an amount equal to 26 percent of

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

21 Each deduction made under this section shall be a credit

22 to the interest payments otherwise payable by the Admin23 istrator to the Secretary of the Treasury during the fiscal

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

25 pro rata to all interest payments on debt associated with
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1 the generation function of the Federal Columbia River

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

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

4 the interest due on debt associated with the generation

5 function for that fiscal year, then the amount of the de6 duction that exceeds the interest due on debt associated

7 with the generation function shall be allocated pro rata

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

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 Federal,

20 State or 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.