II 

Calendar No. 448 

113TH CONGRESS 

2D SESSION S. 1448 

[Report No. 113–202] 

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 

AUGUST 1, 2013 

Ms. CANTWELL (for herself, Mrs. MURRAY, and Mr. BEGICH) introduced the 

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

JUNE 26, 2014 

Reported by Mr. TESTER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Spokane Tribe of Indi3 ans of the Spokane Reservation Equitable Compensation 

4 Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds that— 

7 (1) from 1927 to 1931, at the direction of Con8 gress, the Corps of Engineers investigated the Co9 lumbia River and its tributaries to determine sites at 

10 which power could be produced at low cost; 

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

12 Act (16 U.S.C. 803(e)), when licenses are issued in13 volving tribal land within an Indian reservation, a 

14 reasonable annual charge shall be fixed for the use 

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

16 tribe having jurisdiction over the land; 

17 (3) in August 1933, the Columbia Basin Com18 mission, an agency of the State of Washington, re19 ceived a preliminary permit from the Federal Power 

20 Commission for water power development at the 

21 Grand Coulee site; 

22 (4) had the Columbia Basin Commission or a 

23 private entity developed the site, the Spokane Tribe 

24 would have been entitled to a reasonable annual 

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


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

2 which is not subject to licensing under the Federal 

3 Power Act (16 U.S.C. 792 et seq.)— 

4 (A) federalized the Grand Coulee Dam 

5 project; and 

6 (B) began construction of the Grand Cou7 lee Dam; 

8 (6) when the Grand Coulee Dam project was 

9 federalized, the Federal Government recognized 

10 that— 

11 (A) development of the project affected the 

12 interests of the Spokane Tribe and the Confed13 erated Tribes of the Colville Reservation; and 

14 (B) it would be appropriate for the Spo15 kane and Colville Tribes to receive a share of 

16 revenue from the disposition of power produced 

17 at Grand Coulee Dam; 

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

19 835d et seq.), Congress— 

20 (A) granted to the United States— 

21 (i) in aid of the construction, oper22 ation, and maintenance of the Columbia 

23 Basin Project, all the right, title, and in24 terest of the Spokane Tribe and Colville 

25 Tribes in and to the tribal and allotted 


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1 land within the Spokane and Colville Res2 ervations, as designated by the Secretary 

3 of the Interior from time to time; and 

4 (ii) other interests in that land as re5 quired and as designated by the Secretary 

6 for certain construction activities under7 taken in connection with the project; and 

8 (B) provided that compensation for the 

9 land and other interests was to be determined 

10 by the Secretary in such amounts as the Sec11 retary determined to be just and equitable; 

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

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

14 (B) to the Confederated Tribes of the 

15 Colville Reservation, $63,000; 

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

17 of August 13, 1946 (commonly known as the ‘‘In18 dian Claims Commission Act’’ (60 Stat. 1049, chap19 ter 959; former 25 U.S.C. 70 et seq.)), Congress 

20 ratified the Colville Settlement Agreement, which re21 quired— 

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

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

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

25 Colville Tribes, annual payments of 


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1 $15,250,000, adjusted annually based on reve2 nues from the sale of electric power from the 

3 Grand Coulee Dam project and transmission of 

4 that power by the Bonneville Power Adminis5 tration; 

6 (10) the Spokane Tribe, having suffered harm 

7 similar to that suffered by the Colville Tribes, did 

8 not file a claim within the 5-year statute of limita9 tions under the Indian Claims Commission Act; 

10 (11) neither the Colville Tribes nor the Spokane 

11 Tribe filed claims for compensation for use of the 

12 land of the respective Tribes with the Commission 

13 prior to August 13, 1951, but both Tribes filed un14 related land claims prior to August 13, 1951; 

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

16 States, the Colville Tribes were successful in amend17 ing the 1951 Claims Commission land claims to add 

18 the Grand Coulee claim of the Colville Tribes; 

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

20 amend, having settled the Claims Commission land 

21 claims of the Spokane Tribe with the United States 

22 in 1967; 

23 (14) the Spokane Tribe has suffered significant 

24 harm from the construction and operation of Grand 

25 Coulee Dam; 


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1 (15) Spokane tribal acreage taken by the 

2 United States for the construction of Grand Coulee 

3 Dam equaled approximately 39 percent of Colville 

4 tribal acreage taken for construction of the dam; 

5 (16) the payments and delegation made pursu6 ant to this Act constitute fair and equitable com7 pensation for the past and continued use of Spokane 

8 tribal land for the production of hydropower at 

9 Grand Coulee Dam; and 

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

11 the Spokane Tribe has resolved that the payments 

12 and delegation made pursuant to this Act constitute 

13 fair and equitable compensation for the past and 

14 continued use of Spokane tribal land for the produc15 tion of hydropower at Grand Coulee Dam. 

16 SEC. 3. PURPOSE. 

17 The purpose of this Act is to provide fair and equi18 table compensation to the Spokane Tribe for the use of 

19 the land of the Spokane Tribe for the generation of hydro20 power by the Grand Coulee Dam. 

21 SEC. 4. DEFINITIONS. 

22 In this Act: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Bonneville 

25 Power Administration or the head of any successor 


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1 agency, corporation, or entity that markets power 

2 produced at Grand Coulee Dam. 

3 (2) COLVILLE SETTLEMENT AGREEMENT.—The 

4 term ‘‘Colville Settlement Agreement’’ means the 

5 Settlement Agreement entered into between the 

6 United States and the Colville Tribes, signed by the 

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

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

9 Colville Tribes in Docket 181–D of the Indian 

10 Claims Commission, which docket was transferred to 

11 the United States Court of Federal Claims. 

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

13 Tribes’’ means the Confederated Tribes of the 

14 Colville Reservation. 

15 (4) COMPUTED ANNUAL PAYMENT.—The term 

16 ‘‘Computed Annual Payment’’ means the payment 

17 calculated under paragraph 2.b. of the Colville Set18 tlement Agreement, without regard to any increase 

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

20 agreement. 

21 (5) CONFEDERATED TRIBES ACT.—The term 

22 ‘‘Confederated Tribes Act’’ means the Confederated 

23 Tribes of the Colville Reservation Grand Coulee 

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

25 Stat. 4577). 


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1 (6) FUND.—The term ‘‘Fund’’ means the Spo2 kane Tribe of Indians Recovery Trust Fund estab3 lished by section 5. 

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

5 the Secretary of the Interior. 

6 (8) SPOKANE BUSINESS COUNCIL.—The term 

7 ‘‘Spokane Business Council’’ means the governing 

8 body of the Spokane Tribe under the constitution of 

9 the Spokane Tribe. 

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

11 Tribe’’ means the Spokane Tribe of Indians of the 

12 Spokane Reservation, Washington. 

13 SEC. 5. SPOKANE TRIBE OF INDIANS RECOVERY TRUST 

14 FUND. 

15 (a) ESTABLISHMENT OF FUND.—There is estab16 lished in the Treasury of the United States a separate ac17 count to be known as the ‘‘Spokane Tribe of Indians Re18 covery Trust Fund’’, consisting of— 

19 (1) amounts deposited in the Fund under sub20 section (b); and 

21 (2) any interest earned on investment of 

22 amounts in the Fund. 

23 (b) DEPOSITS.—On October 1 of the first fiscal year 

24 after the date of enactment of this Act, the Secretary of 


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1 the Treasury shall, from the general fund of the Treasury, 

2 deposit in the Fund $53,000,000. 

3 (c) MAINTENANCE AND INVESTMENT OF FUND.— 

4 The Fund shall be maintained and invested by the Sec5 retary in accordance with the Act of June 24, 1938 (25 

6 U.S.C. 162a). 

7 (d) PAYMENTS TO THE SPOKANE TRIBE.— 

8 (1) IN GENERAL.—At any time after the date 

9 on which the Spokane Business Council has adopted 

10 a plan described in subsection (e) and after amounts 

11 are deposited in the Fund, the Spokane Business 

12 Council may request that all or a portion of the 

13 amounts in the Fund be disbursed to the Spokane 

14 Tribe by submitting to the Secretary written notice 

15 of the adoption by the Spokane Business Council of 

16 a resolution requesting the disbursement. 

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

18 the date on which the Secretary receives notice 

19 under paragraph (1), the Secretary shall disburse 

20 the amounts requested from the Fund to the Spo21 kane Tribe. 

22 (e) PLAN.— 

23 (1) IN GENERAL.—Not later than 18 months 

24 after the date of enactment of this Act, the Spokane 

25 Business Council shall prepare a plan that describes 


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1 the manner in which the Spokane Tribe intends to 

2 use amounts received under subsection (d) to pro3 mote— 

4 (A) economic development; 

5 (B) infrastructure development; 

6 (C) educational, health, recreational, and 

7 social welfare objectives of the Spokane Tribe 

8 and the members of the Spokane Tribe; or 

9 (D) any combination of the activities de10 scribed in subparagraphs (A) through (C). 

11 (2) REVIEW AND REVISION.— 

12 (A) IN GENERAL.—The Spokane Business 

13 Council shall make available to the members of 

14 the Spokane Tribe for review and comment a 

15 copy of the plan before the date on which the 

16 plan is final, in accordance with procedures es17 tablished by the Spokane Business Council. 

18 (B) UPDATES.—The Spokane Business 

19 Council may update the plan on an annual 

20 basis, subject to the condition that the Spokane 

21 Business Council provides the members of the 

22 Spokane Tribe an opportunity to review and 

23 comment on the updated plan. 


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1 SEC. 6. PAYMENTS BY ADMINISTRATOR. 

2 (a) INITIAL PAYMENT.—On March 1, 2014, the Ad3 ministrator shall pay to the Spokane Tribe an amount 

4 equal to 25 percent of the Computed Annual Payment for 

5 fiscal year 2013. 

6 (b) SUBSEQUENT PAYMENTS.— 

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

8 2015, and March 1 of each year thereafter through 

9 March 1, 2023, the Administrator shall pay the Spo10 kane Tribe an amount equal to 25 percent of the 

11 Computed Annual Payment for the preceding fiscal 

12 year. 

13 (2) MARCH 1, 2024, AND SUBSEQUENT YEARS.— 

14 Not later than March 1, 2024, and March 1 of each 

15 year thereafter, the Administrator shall pay the Spo16 kane Tribe an amount equal to 32 percent of the 

17 Computed Annual Payment for the preceding fiscal 

18 year. 

19 SEC. 7. TREATMENT AFTER AMOUNTS ARE PAID. 

20 (a) USE OF PAYMENTS.—Payments made to the Spo21 kane Business Council or Spokane Tribe under section 5 

22 or 6 may be used or invested by the Spokane Business 

23 Council in the same manner and for the same purposes 

24 as other Spokane Tribe governmental amounts. 

25 (b) NO TRUST RESPONSIBILITY OF THE SEC26 RETARY.—Neither the Secretary nor the Administrator 


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1 shall have any trust responsibility for the investment, su2 pervision, administration, or expenditure of any amounts 

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

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

5 (c) TREATMENT OF FUNDS FOR CERTAIN PUR6 POSES.—The payments of all amounts to the Spokane 

7 Business Council and Spokane Tribe under sections 5 and 

8 6, and the interest and income generated by those 

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

10 under section 6 of the Saginaw Chippewa Indian Tribe 

11 of Michigan Distribution of Judgment Funds Act (100 

12 Stat. 677). 

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

14 amounts are paid to the Spokane Business Council or Spo15 kane Tribe under section 5 or 6, the amounts shall— 

16 (1) constitute Spokane Tribe governmental 

17 amounts; and 

18 (2) be subject to an annual tribal government 

19 audit. 

20 SEC. 8. REPAYMENT CREDIT. 

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

22 from the interest payable to the Secretary of the Treasury 

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

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

25 838k))— 


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1 (1) in fiscal year 2023, $2,700,000; and 

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

3 Administrator makes a payment under section 6, 

4 $2,700,000. 

5 (b) CREDITING.— 

6 (1) IN GENERAL.—Except as provided in para7 graphs (2) and (3), each deduction made under this 

8 section for the fiscal year shall be— 

9 (A) a credit to the interest payments oth10 erwise payable by the Administrator to the Sec11 retary of the Treasury during the fiscal year in 

12 which the deduction is made; and 

13 (B) allocated pro rata to all interest pay14 ments on debt associated with the generation 

15 function of the Federal Columbia River Power 

16 System that are due during the fiscal year. 

17 (2) DEDUCTION GREATER THAN AMOUNT OF

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

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

20 amount of interest due on debt associated with the 

21 generation function for the fiscal year, the amount 

22 of the deduction that exceeds the interest due on 

23 debt associated with the generation function shall be 

24 allocated pro rata to all other interest payments due 

25 during the fiscal year. 


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

2 exceeds the total amount of interest described in 

3 paragraphs (1) and (2), the deduction shall be ap4 plied as a credit against any other payments that 

5 the Administrator makes to the Secretary of the 

6 Treasury. 

7 SEC. 9. EXTINGUISHMENT OF CLAIMS. 

8 On the deposit of amounts in the Fund under section 

9 5, all monetary claims that the Spokane Tribe has or may 

10 have against the United States to a fair share of the an11 nual hydropower revenues generated by the Grand Coulee 

12 Dam project for the past and continued use of land of 

13 the Spokane Tribe for the production of hydropower at 

14 Grand Coulee Dam shall be extinguished. 

15 SEC. 10. ADMINISTRATION. 

16 Nothing in this Act establishes any precedent or is 

17 binding on the Southwestern Power Administration, West18 ern Area Power Administration, or Southeastern Power 

19 Administration. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Spokane Tribe of Indi22 ans of the Spokane Reservation Equitable Compensation 

23 Act’’. 

24 SEC. 2. FINDINGS. 

25 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 Colum3 bia 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 Act 

6 (16 U.S.C. 803(e)), when licenses are issued involving 

7 tribal land within an Indian reservation, a reason8 able annual charge shall be fixed for the use of the 

9 land, subject to the approval of the Indian tribe hav10 ing 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 Coulee 

2 Dam; 

3 (6) when the Grand Coulee Dam project was fed4 eralized, the Federal Government recognized that— 

5 (A) development of the project affected the 

6 interests of the Spokane Tribe and the Confed7 erated Tribes of the Colville Reservation; and 

8 (B) it would be appropriate for the Spokane 

9 and Colville Tribes to receive a share of revenue 

10 from the disposition of power produced at Grand 

11 Coulee Dam; 

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

13 et seq.), Congress— 

14 (A) granted to the United States— 

15 (i) in aid of the construction, oper16 ation, and maintenance of the Columbia 

17 Basin Project, all the right, title, and inter18 est of the Spokane Tribe and Colville Tribes 

19 in and to the tribal and allotted land with20 in the Spokane and Colville Reservations, 

21 as designated by the Secretary of the Inte22 rior from time to time; and 

23 (ii) other interests in that land as re24 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 land 

4 and other interests was to be determined by the 

5 Secretary in such amounts as the Secretary de6 termined 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 of 

12 August 13, 1946 (commonly known as the ‘‘Indian 

13 Claims Commission Act’’ (60 Stat. 1049, chapter 959; 

14 former 25 U.S.C. 70 et seq.)), Congress ratified the 

15 Colville Settlement Agreement, which required— 

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

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

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

19 Colville Tribes, annual payments of $15,250,000, 

20 adjusted annually based on revenues from the 

21 sale of electric power from the Grand Coulee 

22 Dam project and transmission of that power by 

23 the Bonneville Power Administration; 

24 (10) the Spokane Tribe, having suffered harm 

25 similar to that suffered by the Colville Tribes, did not 


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1 file a claim within the 5-year statute of limitations 

2 under the Indian Claims Commission Act; 

3 (11) neither the Colville Tribes nor the Spokane 

4 Tribe filed claims for compensation for use of the land 

5 of the respective Tribes with the Commission prior to 

6 August 13, 1951, but both Tribes filed unrelated land 

7 claims prior to August 13, 1951; 

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

9 States, the Colville Tribes were successful in amend10 ing the 1951 Claims Commission land claims to add 

11 the Grand Coulee claim of the Colville Tribes; 

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

13 amend, having settled the Claims Commission land 

14 claims of the Spokane Tribe with the United States 

15 in 1967; 

16 (14) the Spokane Tribe has suffered significant 

17 harm from the construction and operation of Grand 

18 Coulee Dam; 

19 (15) Spokane tribal acreage taken by the United 

20 States for the construction of Grand Coulee Dam 

21 equaled approximately 39 percent of Colville tribal 

22 acreage taken for construction of the dam; 

23 (16) the payments and delegation made pursu24 ant to this Act constitute fair and equitable com25 pensation for the past and continued use of Spokane 


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1 tribal land for the production of hydropower at 

2 Grand Coulee Dam; and 

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

4 the Spokane Tribe has resolved that the payments and 

5 delegation made pursuant to this Act constitute fair 

6 and equitable compensation for the past and contin7 ued use of Spokane tribal land for the production of 

8 hydropower at Grand Coulee Dam. 

9 SEC. 3. PURPOSE. 

10 The purpose of this Act is to provide fair and equitable 

11 compensation to the Spokane Tribe for the use of the land 

12 of the Spokane Tribe for the generation of hydropower by 

13 the Grand Coulee Dam. 

14 SEC. 4. DEFINITIONS. 

15 In this Act: 

16 (1) ADMINISTRATOR.—The term ‘‘Adminis17 trator’’ means the Administrator of the Bonneville 

18 Power Administration or the head of any successor 

19 agency, corporation, or entity that markets power 

20 produced at Grand Coulee Dam. 

21 (2) COLVILLE SETTLEMENT AGREEMENT.—The 

22 term ‘‘Colville Settlement Agreement’’ means the Set23 tlement Agreement entered into between the United 

24 States and the Colville Tribes, signed by the United 

25 States on April 21, 1994, and by the Colville Tribes 


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1 on April 16, 1994, to settle the claims of the Colville 

2 Tribes in Docket 181–D of the Indian Claims Com3 mission, which docket was transferred to the United 

4 States Court of Federal Claims. 

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

6 Tribes’’ means the Confederated Tribes of the Colville 

7 Reservation. 

8 (4) COMPUTED ANNUAL PAYMENT.—The term 

9 ‘‘Computed Annual Payment’’ means the payment 

10 calculated under paragraph 2.b. of the Colville Settle11 ment Agreement, without regard to any increase or 

12 decrease in the payment under section 2.d. of the 

13 agreement. 

14 (5) CONFEDERATED TRIBES ACT.—The term 

15 ‘‘Confederated Tribes Act’’ means the Confederated 

16 Tribes of the Colville Reservation Grand Coulee Dam 

17 Settlement Act (Public Law 103–436; 108 Stat. 

18 4577). 

19 (6) FUND.—The term ‘‘Fund’’ means the Spo20 kane Tribe of Indians Recovery Trust Fund estab21 lished by section 5. 

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

23 the Secretary of the Interior. 

24 (8) SPOKANE BUSINESS COUNCIL.—The term 

25 ‘‘Spokane Business Council’’ means the governing 


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1 body of the Spokane Tribe under the constitution of 

2 the Spokane Tribe. 

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

4 Tribe’’ means the Spokane Tribe of Indians of the 

5 Spokane Reservation, Washington. 

6 SEC. 5. SPOKANE TRIBE OF INDIANS RECOVERY TRUST 

7 FUND. 

8 (a) ESTABLISHMENT OF FUND.—There is established 

9 in the Treasury of the United States a separate account 

10 to be known as the ‘‘Spokane Tribe of Indians Recovery 

11 Trust Fund’’, consisting of— 

12 (1) amounts deposited in the Fund under sub13 section (b); and 

14 (2) any interest earned on investment of 

15 amounts in the Fund. 

16 (b) DEPOSITS.—On October 1 of the first fiscal year 

17 after the date of enactment of this Act, the Secretary of the 

18 Treasury shall, from the general fund of the Treasury, de19 posit in the Fund $53,000,000. 

20 (c) MAINTENANCE AND INVESTMENT OF FUND.—The 

21 Fund shall be maintained and invested by the Secretary 

22 in accordance with the Act of June 24, 1938 (25 U.S.C. 

23 162a). 

24 (d) PAYMENTS TO THE SPOKANE TRIBE.— 


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1 (1) IN GENERAL.—At any time after the date on 

2 which the Spokane Business Council has adopted a 

3 plan described in subsection (e) and after amounts 

4 are deposited in the Fund, the Spokane Business 

5 Council may request that all or a portion of the 

6 amounts in the Fund be disbursed to the Spokane 

7 Tribe by submitting to the Secretary written notice of 

8 the adoption by the Spokane Business Council of a 

9 resolution requesting the disbursement. 

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

11 date on which the Secretary receives notice under 

12 paragraph (1), the Secretary shall disburse the 

13 amounts requested from the Fund to the Spokane 

14 Tribe. 

15 (e) PLAN.— 

16 (1) IN GENERAL.—Not later than 18 months 

17 after the date of enactment of this Act, the Spokane 

18 Business Council shall prepare a plan that describes 

19 the manner in which the Spokane Tribe intends to 

20 use amounts received under subsection (d) to pro21 mote— 

22 (A) economic development; 

23 (B) infrastructure development; 


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1 (C) educational, health, recreational, and 

2 social welfare objectives of the Spokane Tribe and 

3 the members of the Spokane Tribe; or 

4 (D) any combination of the activities de5 scribed in subparagraphs (A) through (C). 

6 (2) REVIEW AND REVISION.— 

7 (A) IN GENERAL.—The Spokane Business 

8 Council shall make available to the members of 

9 the Spokane Tribe for review and comment a 

10 copy of the plan before the date on which the 

11 plan is final, in accordance with procedures es12 tablished by the Spokane Business Council. 

13 (B) UPDATES.—The Spokane Business 

14 Council may update the plan on an annual 

15 basis, subject to the condition that the Spokane 

16 Business Council provides the members of the 

17 Spokane Tribe an opportunity to review and 

18 comment on the updated plan. 

19 SEC. 6. PAYMENTS BY ADMINISTRATOR. 

20 (a) INITIAL PAYMENT.—On March 1, 2014, the Ad21 ministrator shall pay to the Spokane Tribe an amount 

22 equal to 25 percent of the Computed Annual Payment for 

23 fiscal year 2013. 

24 (b) SUBSEQUENT PAYMENTS.— 


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1 (1) IN GENERAL.—Not later than March 1, 2015, 

2 and March 1 of each year thereafter through March 

3 1, 2023, the Administrator shall pay the Spokane 

4 Tribe an amount equal to 25 percent of the Computed 

5 Annual Payment for the preceding fiscal year. 

6 (2) MARCH 1, 2024, AND SUBSEQUENT YEARS.— 

7 Not later than March 1, 2024, and March 1 of each 

8 year thereafter, the Administrator shall pay the Spo9 kane Tribe an amount equal to 32 percent of the 

10 Computed Annual Payment for the preceding fiscal 

11 year. 

12 (c) PAYMENT RECOVERY.— 

13 (1) IN GENERAL.—In accordance with the pay14 ment schedule in subsection (b), the Administrator 

15 shall make commensurate cost reductions in expendi16 tures on an annual basis to recover each payment to 

17 the Tribe. 

18 (2) ANNUAL BUDGET.—The Administrator shall 

19 include any cost reduction under paragraph (1) in 

20 the annual budget of the Administrator submitted to 

21 Congress. 

22 SEC. 7. TREATMENT AFTER AMOUNTS ARE PAID. 

23 (a) USE OF PAYMENTS.—Payments made to the Spo24 kane Business Council or Spokane Tribe under section 5 

25 or 6 may be used or invested by the Spokane Business 


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1 Council in the same manner and for the same purposes as 

2 other Spokane Tribe governmental amounts. 

3 (b) NO TRUST RESPONSIBILITY OF THE SEC4 RETARY.—Neither the Secretary nor the Administrator 

5 shall have any trust responsibility for the investment, su6 pervision, administration, or expenditure of any amounts 

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

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

9 (c) TREATMENT OF FUNDS FOR CERTAIN PUR10 POSES.—The payments of all amounts to the Spokane Busi11 ness Council and Spokane Tribe under sections 5 and 6, 

12 and the interest and income generated by those amounts, 

13 shall be treated in the same manner as payments under 

14 section 6 of the Saginaw Chippewa Indian Tribe of Michi15 gan Distribution of Judgment Funds Act (100 Stat. 677). 

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

17 are paid to the Spokane Business Council or Spokane Tribe 

18 under section 5 or 6, the amounts shall— 

19 (1) constitute Spokane Tribe governmental 

20 amounts; and 

21 (2) be subject to an annual tribal government 

22 audit. 

23 SEC. 8. REPAYMENT CREDIT. 

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

25 from the interest payable to the Secretary of the Treasury 


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•S 1448 RS

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

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

3 838k))— 

4 (1) in fiscal year 2024, $2,700,000; and 

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

6 Administrator makes a payment under section 6, 

7 $2,700,000. 

8 (b) CREDITING.— 

9 (1) IN GENERAL.—Except as provided in para10 graphs (2) and (3), each deduction made under this 

11 section for the fiscal year shall be— 

12 (A) a credit to the interest payments other13 wise payable by the Administrator to the Sec14 retary of the Treasury during the fiscal year in 

15 which the deduction is made; and 

16 (B) allocated pro rata to all interest pay17 ments on debt associated with the generation 

18 function of the Federal Columbia River Power 

19 System that are due during the fiscal year. 

20 (2) DEDUCTION GREATER THAN AMOUNT OF IN21 TEREST.—If, in an applicable fiscal year under para22 graph (1), the deduction is greater than the amount 

23 of interest due on debt associated with the generation 

24 function for the fiscal year, the amount of the deduc25 tion that exceeds the interest due on debt associated 


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•S 1448 RS

1 with the generation function shall be allocated pro 

2 rata to all other interest payments due during the fis3 cal year. 

4 (3) CREDIT.—To the extent that a deduction ex5 ceeds the total amount of interest described in para6 graphs (1) and (2), the deduction shall be applied as 

7 a credit against any other payments that the Admin8 istrator makes to the Secretary of the Treasury. 

9 SEC. 9. EXTINGUISHMENT OF CLAIMS. 

10 On the deposit of amounts in the Fund under section 

11 5, all monetary claims that the Spokane Tribe has or may 

12 have against the United States to a fair share of the annual 

13 hydropower revenues generated by the Grand Coulee Dam 

14 project for the past and continued use of land of the Spo15 kane Tribe for the production of hydropower at Grand Cou16 lee Dam shall be extinguished. 

17 SEC. 10. ADMINISTRATION. 

18 Nothing in this Act establishes any precedent or is 

19 binding on the Southwestern Power Administration, West20 ern Area Power Administration, or Southeastern Power Ad21 ministration. 


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Calendar No. 448 

113TH CONGRESS 

2D SESSION S. 1448 

[Report No. 113–202] 

A BILL 

To provide for equitable compensation to the Spofor other purposes. of hydropower by the Grand Coulee Dam, and tion for the use of tribal land for the production kane Tribe of Indians of the Spokane ReservaJUNE 26, 2014 

Reported with an amendment 


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