II 

112TH CONGRESS 

1ST SESSION S. 1345 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2011 

Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

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. 

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 ‘‘Spokane Tribe of Indi5 ans of the Spokane Reservation Grand Coulee Dam Equi6 table Compensation Settlement Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds that— 


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1 (1) from 1927 to 1931, at the direction of Con2 gress, the Corps of Engineers investigated the Co3 lumbia River and its tributaries to determine sites at 

4 which power could be produced at low cost; 

5 (2) under section 10(e) of the Federal Power 

6 Act (16 U.S.C. 803(e)), when licenses are issued in7 volving tribal land within an Indian reservation, a 

8 reasonable annual charge shall be fixed for the use 

9 of the land, subject to the approval of the Indian 

10 tribe having jurisdiction over the land; 

11 (3) in August 1933, the Columbia Basin Com12 mission, an agency of the State of Washington, re13 ceived a preliminary permit from the Federal Power 

14 Commission for water power development at the 

15 Grand Coulee site; 

16 (4) had the Columbia Basin Commission or a 

17 private entity developed the site, the Spokane Tribe 

18 would have been entitled to a reasonable annual 

19 charge for the use of the land of the Spokane Tribe; 

20 (5) in the mid-1930s, the Federal Government, 

21 which is not subject to licensing under the Federal 

22 Power Act (16 U.S.C. 792 et seq.)— 

23 (A) federalized the Grand Coulee Dam 

24 project; and 


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1 (B) began construction of the Grand Cou2 lee Dam; 

3 (6) when the Grand Coulee Dam project was 

4 federalized, the Federal Government recognized 

5 that— 

6 (A) development of the project affected the 

7 interests of the Spokane Tribe and the Confed8 erated Tribes of the Colville Reservation; and 

9 (B) it would be appropriate for the Spo10 kane and Colville Tribes to receive a share of 

11 revenue from the disposition of power produced 

12 at Grand Coulee Dam; 

13 (7) in the Act of June 29, 1940 (16 U.S.C. 

14 835d et seq.), Congress— 

15 (A) granted to the United States— 

16 (i) in aid of the construction, oper17 ation, and maintenance of the Columbia 

18 Basin Project, all the right, title, and in19 terest of the Spokane Tribe and Colville 

20 Tribes in and to the tribal and allotted 

21 land within the Spokane and Colville Res22 ervations, as designated by the Secretary 

23 of the Interior from time to time; and 

24 (ii) other interests in that land as re25 quired and as designated by the Secretary 


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1 for certain construction activities under2 taken in connection with the project; and 

3 (B) provided that compensation for the 

4 land and other interests was to be determined 

5 by the Secretary in such amounts as the Sec6 retary determined to be just and equitable; 

7 (8) pursuant to that Act, the Secretary paid— 

8 (A) to the Spokane Tribe, $4,700; and 

9 (B) to the Confederated Tribes of the 

10 Colville Reservation, $63,000; 

11 (9) in 1994, following litigation under the Act 

12 of August 13, 1946 (commonly known as the ‘‘In13 dian Claims Commission Act’’ (60 Stat. 1049, chap14 ter 959; former 25 U.S.C. 70 et seq.)), Congress 

15 ratified the Colville Settlement Agreement, which re16 quired— 

17 (A) for past use of the land of the Colville 

18 Tribes, a payment of $53,000,000; and 

19 (B) for continued use of the land of the 

20 Colville Tribes, annual payments of 

21 $15,250,000, adjusted annually based on reve22 nues from the sale of electric power from the 

23 Grand Coulee Dam project and transmission of 

24 that power by the Bonneville Power Adminis25 tration; 


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1 (10) the Spokane Tribe, having suffered harm 

2 similar to that suffered by the Colville Tribes, did 

3 not file a claim within the 5-year statute of limita4 tions under the Indian Claims Commission Act; 

5 (11) neither the Colville Tribes nor the Spokane 

6 Tribe filed claims for compensation for use of the 

7 land of the respective Tribes with the Commission 

8 prior to August 13, 1951, but both Tribes filed un9 related land claims prior to August 13, 1951; 

10 (12) in 1976, over objections by the United 

11 States, the Colville Tribes were successful in amend12 ing the 1951 Claims Commission land claims to add 

13 the Grand Coulee claim of the Colville Tribes; 

14 (13) the Spokane Tribe had no such claim to 

15 amend, having settled the Claims Commission land 

16 claims of the Spokane Tribe with the United States 

17 in 1967; 

18 (14) the Spokane Tribe has suffered significant 

19 harm from the construction and operation of Grand 

20 Coulee Dam; 

21 (15) Spokane tribal acreage taken by the 

22 United States for the construction of Grand Coulee 

23 Dam equaled approximately 39 percent of Colville 

24 tribal acreage taken for construction of the dam; 


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1 (16) the payments and delegation made pursu2 ant to this Act constitute fair and equitable com3 pensation for the past and continued use of Spokane 

4 tribal land for the production of hydropower at 

5 Grand Coulee Dam; and 

6 (17) by vote of the Spokane tribal membership, 

7 the Spokane Tribe has resolved that the payments 

8 and delegation made pursuant to this Act constitute 

9 fair and equitable compensation for the past and 

10 continued use of Spokane tribal land for the produc11 tion of hydropower at Grand Coulee Dam. 

12 SEC. 3. PURPOSE. 

13 The purpose of this Act is to provide fair and equi14 table compensation to the Spokane Tribe for the use of 

15 the land of the Spokane Tribe for the generation of hydro16 power by the Grand Coulee Dam. 

17 SEC. 4. DEFINITIONS. 

18 In this Act: 

19 (1) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Bonneville 

21 Power Administration or the head of any successor 

22 agency, corporation, or entity that markets power 

23 produced at Grand Coulee Dam. 

24 (2) COLVILLE SETTLEMENT AGREEMENT.—The 

25 term ‘‘Colville Settlement Agreement’’ means the 


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1 Settlement Agreement entered into between the 

2 United States and the Colville Tribes, signed by the 

3 United States on April 21, 1994, and by the Colville 

4 Tribes on April 16, 1994, to settle the claims of the 

5 Colville Tribes in Docket 181–D of the Indian 

6 Claims Commission, which docket was transferred to 

7 the United States Court of Federal Claims. 

8 (3) COLVILLE TRIBES.—The term ‘‘Colville 

9 Tribes’’ means the Confederated Tribes of the 

10 Colville Reservation. 

11 (4) COMPUTED ANNUAL PAYMENT.—The term 

12 ‘‘Computed Annual Payment’’ means the payment 

13 calculated under paragraph 2.b. of the Colville Set14 tlement Agreement, without regard to any increase 

15 or decrease in the payment under section 2.d. of the 

16 agreement. 

17 (5) CONFEDERATED TRIBES ACT.—The term 

18 ‘‘Confederated Tribes Act’’ means the Confederated 

19 Tribes of the Colville Reservation Grand Coulee 

20 Dam Settlement Act (Public Law 103–436; 108 

21 Stat. 4577). 

22 (6) FUND.—The term ‘‘Fund’’ means the Spo23 kane Tribe of Indians Settlement Fund established 

24 by section 5. 


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1 (7) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (8) SPOKANE BUSINESS COUNCIL.—The term 

4 ‘‘Spokane Business Council’’ means the governing 

5 body of the Spokane Tribe under the constitution of 

6 the Spokane Tribe. 

7 (9) SPOKANE TRIBE.—The term ‘‘Spokane 

8 Tribe’’ means the Spokane Tribe of Indians of the 

9 Spokane Reservation, Washington. 

10 SEC. 5. SETTLEMENT FUND. 

11 (a) ESTABLISHMENT OF FUND.—There is estab12 lished in the Treasury of the United States an interest13 bearing trust fund to be known as the ‘‘Spokane Tribe 

14 of Indians Settlement Fund’’, consisting of— 

15 (1) amounts deposited in the Fund under sub16 section (b); and 

17 (2) any interest earned on investment of 

18 amounts in the Fund. 

19 (b) DEPOSITS.—From amounts made available under 

20 section 11— 

21 (1) for fiscal year 2012, the Secretary shall de22 posit in the Fund $23,900,000; and 

23 (2) for each of the 4 fiscal years thereafter, the 

24 Secretary shall deposit in the Fund $18,900,000. 


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1 (c) MAINTENANCE AND INVESTMENT OF FUND.— 

2 The Fund shall be maintained and invested by the Sec3 retary in accordance with the Act of June 24, 1938 (25 

4 U.S.C. 162a). 

5 (d) PAYMENT OF FUNDS TO SPOKANE BUSINESS

6 COUNCIL.— 

7 (1) REQUEST.—At any time after amounts are 

8 deposited in the Fund, the Spokane Business Coun9 cil may submit to the Secretary written notice of the 

10 adoption by the Spokane Business Council of a reso11 lution requesting that the Secretary pay all or a por12 tion of the amounts in the Fund to the Spokane 

13 Business Council. 

14 (2) PAYMENT.—Not later than 60 days after 

15 receipt of a notice under paragraph (1), the Sec16 retary shall pay the amount requested to the Spo17 kane Business Council. 

18 (e) USE OF FUNDS.— 

19 (1) CULTURAL RESOURCE REPOSITORY AND IN20 TERPRETIVE CENTER.— 

21 (A) IN GENERAL.—Of the initial deposit 

22 under subsection (b)(1), $5,000,000 shall be 

23 used by the Spokane Business Council for the 

24 planning, design, construction, equipping, and 

25 continuing operation and maintenance of a CulVerDate Mar 15 2010 00:44 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.IS S1345

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1 tural Resource Repository and Interpretive Cen2 ter to— 

3 (i) house, preserve, and protect the 

4 burial remains and funerary and cultural 

5 resources affected by the operation of the 

6 Grand Coulee Dam; and 

7 (ii) provide an interpretive and edu8 cational facility regarding the culture and 

9 history of the Spokane Tribe. 

10 (B) EFFECT.—The funding under sub11 paragraph (A) does not alter or affect any au12 thority, obligation, or responsibility of the 

13 United States under— 

14 (i) the Native American Graves Pro15 tection and Repatriation Act (25 U.S.C. 

16 3001 et seq.); 

17 (ii) the Archaeological Resources Pro18 tection Act (16 U.S.C. 470aa et seq.); 

19 (iii) the National Historic Preserva20 tion Act (16 U.S.C. 470 et seq.); or 

21 (iv) the National Environmental Pol22 icy Act of 1969 (42 U.S.C. 4321 et seq.). 

23 (2) OTHER USES.—Of all other amounts depos24 ited in the Fund (including interest generated on 

25 those amounts)— 


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1 (A) 25 percent shall be— 

2 (i) reserved by the Spokane Business 

3 Council; and 

4 (ii) used for discretionary purposes of 

5 general benefit to all members of the Spo6 kane Tribe; and 

7 (B) 75 percent shall be used by the Spo8 kane Business Council to carry out— 

9 (i) resource development programs; 

10 (ii) credit programs; 

11 (iii) scholarship programs; or 

12 (iv) reserve, investment, and economic 

13 development programs. 

14 SEC. 6. PAYMENTS BY ADMINISTRATOR. 

15 (a) INITIAL PAYMENT.—On March 1, 2012, the Ad16 ministrator shall pay to the Spokane Tribe an amount 

17 equal to 25 percent of the Computed Annual Payment for 

18 fiscal year 2011. 

19 (b) SUBSEQUENT PAYMENTS.— 

20 (1) IN GENERAL.—Not later than March 1, 

21 2013, and March 1 of each year thereafter through 

22 March 1, 2021, the Administrator shall pay the Spo23 kane Tribe an amount equal to 25 percent of the 

24 Computed Annual Payment for the preceding fiscal 

25 year. 


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1 (2) MARCH 1, 2022, AND SUBSEQUENT YEARS.— 

2 Not later than March 1, 2022, and March 1 of each 

3 year thereafter, the Administrator shall pay the Spo4 kane Tribe an amount equal to 32 percent of the 

5 Computed Annual Payment for the preceding fiscal 

6 year. 

7 SEC. 7. TREATMENT AFTER AMOUNTS ARE PAID. 

8 (a) USE OF PAYMENTS.—Payments made to the Spo9 kane Business Council or Spokane Tribe under section 5 

10 or 6 may be used or invested by the Business Council in 

11 the same manner and for the same purposes as other Spo12 kane Tribe governmental amounts. 

13 (b) NO TRUST RESPONSIBILITY OF THE SEC14 RETARY.—Neither the Secretary nor the Administrator 

15 shall have any trust responsibility for the investment, su16 pervision, administration, or expenditure of any amounts 

17 after the date on which the funds are paid to the Spokane 

18 Business Council or Spokane Tribe under section 5 or 6. 

19 (c) TREATMENT OF FUNDS FOR CERTAIN PUR20 POSES.—The payments of all amounts to the Spokane 

21 Business Council and Spokane Tribe under sections 5 and 

22 6, and the interest and income generated by those 

23 amounts, shall be treated in the same manner as payments 

24 under section 6 of the Saginaw Chippewa Indian Tribe 


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1 of Michigan Distribution of Judgment Funds Act (100 

2 Stat. 677). 

3 (d) TRIBAL AUDIT.—After the date on which 

4 amounts are paid to the Spokane Business Council or Spo5 kane Tribe under section 5 or 6, the amounts shall— 

6 (1) constitute Spokane Tribe governmental 

7 amounts; and 

8 (2) be subject to an annual tribal government 

9 audit. 

10 SEC. 8. REPAYMENT CREDIT. 

11 (a) IN GENERAL.—The Administrator shall deduct 

12 from the interest payable to the Secretary of the Treasury 

13 from net proceeds (as defined in section 13 of the Federal 

14 Columbia River Transmission System Act (16 U.S.C. 

15 838k))— 

16 (1) in fiscal year 2022, $2,700,000; and 

17 (2) in each subsequent fiscal year in which the 

18 Administrator makes a payment under section 6, 

19 $2,700,000. 

20 (b) CREDITING.— 

21 (1) IN GENERAL.—Except as provided in para22 graphs (2) and (3), each deduction made under this 

23 section for the fiscal year shall be— 

24 (A) a credit to the interest payments oth25 erwise payable by the Administrator to the SecVerDate Mar 15 2010 00:44 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.IS S1345

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1 retary of the Treasury during the fiscal year in 

2 which the deduction is made; and 

3 (B) allocated pro rata to all interest pay4 ments on debt associated with the generation 

5 function of the Federal Columbia River Power 

6 System that are due during the fiscal year. 

7 (2) DEDUCTION GREATER THAN AMOUNT OF

8 INTEREST.—If, in an applicable fiscal year under 

9 paragraph (1), the deduction is greater than the 

10 amount of interest due on debt associated with the 

11 generation function for the fiscal year, the amount 

12 of the deduction that exceeds the interest due on 

13 debt associated with the generation function shall be 

14 allocated pro rata to all other interest payments due 

15 during the fiscal year. 

16 (3) CREDIT.—To the extent that a deduction 

17 exceeds the total amount of interest described in 

18 paragraphs (1) and (2), the deduction shall be ap19 plied as a credit against any other payments that 

20 the Administrator makes to the Secretary of the 

21 Treasury. 

22 SEC. 9. DELEGATION OF AUTHORITY; RESERVATION 

23 BOUNDARY; RETENTION OF AUTHORITY. 

24 (a) DELEGATION OF AUTHORITY.—The delegation by 

25 the Secretary to the Spokane Tribe under the authority 


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1 of the following, with respect to land that is located within 

2 the exterior boundaries of the Spokane Indian Reserva3 tion, is confirmed: 

4 (1) The Act of June 17, 1902 (43 U.S.C. 373). 

5 (2) The Act of June 29, 1940 (16 U.S.C. 

6 835d). 

7 (3) Section 15 of the Act of August 4, 1939 

8 (43 U.S.C. 485i). 

9 (4) The Lake Roosevelt Cooperative Manage10 ment Agreement concluded in April 1990 among the 

11 Department of the Interior, the Spokane Tribe, and 

12 the Confederated Tribes of the Colville Reservation, 

13 over all land acquired by the United States pursuant 

14 to the Act of June 29, 1940 (16 U.S.C. 835d), also 

15 known as the Reservation or Indian Zone. 

16 (b) COLVILLE-SPOKANE RESERVATION BOUND17 ARY.—Nothing in this section— 

18 (1) establishes or affects— 

19 (A) the precise location of the boundary 

20 between the Spokane Indian Reservation and 

21 the Colville Reservation along the Columbia 

22 River; or 

23 (B) the agreement between the Colville 

24 Tribes and the Spokane Tribe that the common 

25 boundary of the Spokane Tribe and Colville 


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1 Tribes Indian zones established under the Act 

2 of June 29, 1940 (16 U.S.C. 835d), shall follow 

3 the center line of Lake Roosevelt, without ref4 erence to the course of the submerged Columbia 

5 River; or 

6 (2) affects the rights of the Colville Tribes or 

7 the Spokane Tribe to the use of the respective por8 tion of each tribe of the Indian zone, as provided in 

9 the Act of June 29, 1940 (16 U.S.C. 835d). 

10 (c) RETENTION OF AUTHORITY BY THE UNITED

11 STATES.—Nothing in this Act alters or affects the author12 ity or responsibility of— 

13 (1) the United States to carry out the Columbia 

14 Basin Project under the Columbia Basin Project Act 

15 (16 U.S.C. 835 et seq.); or 

16 (2) the National Park Service to administer the 

17 Lake Roosevelt National Recreation Area under the 

18 Act of August 25, 1916 (39 Stat. 535, chapter 408; 

19 16 U.S.C. 1 et seq.). 

20 SEC. 10. SATISFACTION OF CLAIMS. 

21 Payment by the Secretary under section 5 and the 

22 Administrator under section 6 and delegation under sec23 tion 9 constitute full satisfaction of the claim of the Spo24 kane Tribe to a fair share of the annual hydropower reve25 nues generated by the Grand Coulee Dam project for the 


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1 past and continued use of land of the Spokane Tribe for 

2 the production of hydropower at Grand Coulee Dam. 

3 SEC. 11. ADMINISTRATION. 

4 Nothing in this Act establishes any precedent or is 

5 binding on the Southwestern Power Administration, West6 ern Area Power Administration, or Southeastern Power 

7 Administration. 

8 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums 

10 as are necessary to carry out this Act. 

Æ 


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