II 

111TH CONGRESS 

1ST SESSION S. 1388 

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 

JUNE 25, 2009 

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 its land; 

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 such 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 Colville Tribes’ 

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

19 (B) for continued use of the Colville 

20 Tribes’ land, annual payments of $15,250,000, 

21 adjusted annually based on revenues from the 

22 sale of electric power from the Grand Coulee 

23 Dam project and transmission of that power by 

24 the Bonneville Power Administration; 


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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 Indian Claims Commis4 sion Act’s 5-year statute of limitations; 

5 (11) neither the Colville Tribes nor the Spokane 

6 Tribe filed claims for compensation for use of their 

7 land with the Commission before August 13, 1951, 

8 but both Tribes filed unrelated land claims prior to 

9 August 13, 1951; 

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

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

13 add their Grand Coulee claim; 

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

15 amend, having settled its Claims Commission land 

16 claims with the United States in 1967; 

17 (14) the Spokane Tribe has suffered significant 

18 harm from the construction and operation of Grand 

19 Coulee Dam; 

20 (15) Spokane tribal acreage taken by the 

21 United States for the construction of Grand Coulee 

22 Dam equaled approximately 39 percent of Colville 

23 tribal acreage taken for construction of the dam; 

24 (16) the payments and land transfers made 

25 pursuant to this Act constitute fair and equitable 


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1 compensation for the past and continued use of Spo2 kane tribal land for the production of hydropower at 

3 Grand Coulee Dam; and 

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

5 the Spokane Tribe has resolved that the payments 

6 and land transfers made pursuant to this Act con7 stitute fair and equitable compensation for the past 

8 and continued use of Spokane Tribal land for the 

9 production of hydropower at Grand Coulee Dam. 

10 SEC. 3. PURPOSE. 

11 The purpose of this Act is to provide fair and equi12 table compensation to the Spokane Tribe for the use of 

13 its land for the generation of hydropower by the Grand 

14 Coulee Dam. 

15 SEC. 4. DEFINITIONS. 

16 In this Act: 

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Bonneville 

19 Power Administration or the head of any successor 

20 agency, corporation, or entity that markets power 

21 produced at Grand Coulee Dam. 

22 (2) COLVILLE SETTLEMENT AGREEMENT.—The 

23 term ‘‘Colville Settlement Agreement’’ means the 

24 Settlement Agreement entered into between the 

25 United States and the Colville Tribes, signed by the 


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

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

3 Colville Tribes in Docket 181–D of the Indian 

4 Claims Commission, which docket was transferred to 

5 the United States Court of Federal Claims. 

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

7 Tribes’’ means the Confederated Tribes of the 

8 Colville Reservation. 

9 (4) COMPUTED ANNUAL PAYMENT.—The term 

10 ‘‘Computed Annual Payment’’ means the payment 

11 calculated under paragraph 2.b. of the Colville Set12 tlement Agreement, without regard to any increase 

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

14 agreement. 

15 (5) CONFEDERATED TRIBES ACT.—The term 

16 ‘‘Confederated Tribes Act’’ means the Confederated 

17 Tribes of the Colville Reservation Grand Coulee 

18 Dam Settlement Act (108 Stat. 4577). 

19 (6) FUND.—The term ‘‘Fund’’ means the Spo20 kane Tribe of Indians Settlement Fund established 

21 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. SETTLEMENT FUND. 

7 (a) ESTABLISHMENT OF FUND.—There is estab8 lished in the Treasury of the United States an interest9 bearing trust fund to be known as the ‘‘Spokane Tribe 

10 of Indians Settlement Fund’’, consisting of— 

11 (1) amounts deposited in the Fund under sub12 section (b); and 

13 (2) any interest earned on investment of 

14 amounts in the Fund. 

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

16 section 11— 

17 (1) for fiscal year 2010, the Secretary shall de18 posit in the Fund $23,900,000; and 

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

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

21 (c) MAINTENANCE AND INVESTMENT OF FUND.— 

22 The Fund shall be maintained and invested by the Sec23 retary in accordance with the Act of June 24, 1938 (25 

24 U.S.C. 162a). 


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1 (d) PAYMENT OF FUNDS TO SPOKANE BUSINESS

2 COUNCIL.— 

3 (1) REQUEST.—At any time after funds are de4 posited in the Fund, the Spokane Business Council 

5 may submit to the Secretary written notice of the 

6 adoption by the Spokane Business Council of a reso7 lution requesting that the Secretary pay all or a por8 tion of the amounts in the Fund to the Spokane 

9 Business Council. 

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

11 receipt of a notice under paragraph (1), the Sec12 retary shall pay the amount requested to the Spo13 kane Business Council. 

14 (e) USE OF FUNDS.— 

15 (1) CULTURAL RESOURCE REPOSITORY AND IN16 TERPRETIVE CENTER.— 

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

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

19 used by the Spokane Business Council for the 

20 planning, design, construction, equipping, and 

21 continuing operation and maintenance of a Cul22 tural Resource Repository and Interpretive Cen23 ter to— 

24 (i) house, preserve, and protect the 

25 burial remains and funerary and cultural 


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1 resources affected by the operation of the 

2 Grand Coulee Dam; and 

3 (ii) provide an interpretive and edu4 cational facility regarding the culture and 

5 history of the Spokane Tribe. 

6 (B) EFFECT.—The funding under sub7 paragraph (A) does not alter or affect any au8 thority, obligation, or responsibility of the 

9 United States under— 

10 (i) the Native American Graves Pro11 tection and Repatriation Act (25 U.S.C. 

12 3001 et seq.); 

13 (ii) the Archaeological Resources Pro14 tection Act (16 U.S.C. 470aa et seq.); 

15 (iii) the National Historic Preserva16 tion Act (16 U.S.C. 470 et seq.); or 

17 (iv) the National Environmental Pol18 icy Act of 1969 (42 U.S.C. 4321 et seq.). 

19 (2) OTHER USES.—Of all other amounts depos20 ited in the Fund (including interest generated on 

21 those amounts)— 

22 (A) 25 percent shall be— 

23 (i) reserved by the Spokane Business 

24 Council; and 


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1 (ii) used for discretionary purposes of 

2 general benefit to all members of the Spo3 kane Tribe; and 

4 (B) 75 percent shall be used by the Spo5 kane Business Council to carry out— 

6 (i) resource development programs; 

7 (ii) credit programs; 

8 (iii) scholarship programs; or 

9 (iv) reserve, investment, and economic 

10 development programs. 

11 SEC. 6. PAYMENTS BY ADMINISTRATOR. 

12 (a) INITIAL PAYMENT.—On March 1, 2010, the Ad13 ministrator shall pay to the Spokane Tribe an amount 

14 equal to 29 percent of the Computed Annual Payment for 

15 fiscal year 2009. 

16 (b) SUBSEQUENT PAYMENTS.—Not later than March 

17 1, 2011, and March 1 of each year thereafter, the Admin18 istrator shall pay the Spokane Tribe an amount equal to 

19 29 percent of the Computed Annual Payment for the pre20 ceding fiscal year. 

21 (c) PAYMENT RECOVERY.—In accordance with the 

22 payment schedule described in subsection (b), the Admin23 istrator shall make commensurate cost reductions in ex24 penditures, on an annual basis, to recover each payment 

25 to the Spokane Tribe under this section. 


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1 SEC. 7. TREATMENT AFTER FUNDS ARE PAID. 

2 (a) USE OF PAYMENTS.—Payments made to the Spo3 kane Business Council or Spokane Tribe under section 5 

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

5 the same manner and for the same purposes as other Spo6 kane Tribe governmental funds. 

7 (b) NO TRUST RESPONSIBILITY OF THE SEC8 RETARY.—Neither the Secretary nor the Administrator 

9 shall have any trust responsibility for the investment, su10 pervision, administration, or expenditure of any funds 

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

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

13 (c) TREATMENT OF FUNDS FOR CERTAIN PUR14 POSES.—The payments of all funds to the Spokane Busi15 ness Council and Spokane Tribe under sections 5 and 6, 

16 and the interest and income generated by the funds, shall 

17 be treated in the same manner as payments under section 

18 6 of the Saginaw Chippewa Indian Tribe of Michigan Dis19 tribution of Judgment Funds Act (100 Stat. 677). 

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

21 are paid to the Spokane Business Council or Spokane 

22 Tribe under section 5 or 6, the funds shall— 

23 (1) constitute Spokane Tribe governmental 

24 funds; and 

25 (2) be subject to an annual tribal government 

26 audit. 


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1 SEC. 8. REPAYMENT CREDIT. 

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

3 from the interest payable to the Secretary of the Treasury 

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

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

6 838k))— 

7 (1) in fiscal year 2020, $1,300,000; and 

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

9 Administrator makes a payment under section 6, 

10 $1,300,000. 

11 (b) CREDITING.— 

12 (1) IN GENERAL.—Except as provided in para13 graphs (2) and (3), beginning in fiscal year 2020, 

14 each deduction made under this section for the fiscal 

15 year shall be— 

16 (A) a credit to the interest payments oth17 erwise payable by the Administrator to the Sec18 retary of the Treasury during the fiscal year in 

19 which the deduction is made; and 

20 (B) allocated pro rata to all interest pay21 ments on debt associated with the generation 

22 function of the Federal Columbia River Power 

23 System that are due during the fiscal year. 

24 (2) DEDUCTION GREATER THAN AMOUNT OF

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

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


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1 amount of interest due on debt associated with the 

2 generation function for the fiscal year, the amount 

3 of the deduction that exceeds the interest due on 

4 debt associated with the generation function shall be 

5 allocated pro rata to all other interest payments due 

6 during the fiscal year. 

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

8 exceeds the total amount of interest described in 

9 paragraphs (1) and (2), the deduction shall be ap10 plied as a credit against any other payments that 

11 the Administrator makes to the Secretary of the 

12 Treasury. 

13 SEC. 9. TRANSFER OF ADMINISTRATIVE JURISDICTION 

14 AND RESTORATION OF OWNERSHIP OF LAND. 

15 (a) TRANSFER OF JURISDICTION.—The Secretary 

16 shall transfer, in accordance with subsection (c), adminis17 trative jurisdiction from the Bureau of Reclamation to the 

18 Bureau of Indian Affairs over all land acquired by the 

19 United States under the Act of June 29, 1940 (16 U.S.C. 

20 835d), that is located within the exterior boundaries of 

21 the Spokane Indian Reservation established pursuant to 

22 the Executive Order of January 18, 1881. 

23 (b) RESTORATION OF OWNERSHIP IN TRUST.— 

24 (1) IN GENERAL.—All land transferred under 

25 this section— 


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1 (A) shall be held in trust for the benefit 

2 and use of the Spokane Tribe; and 

3 (B) shall remain part of the Spokane In4 dian Reservation. 

5 (2) FEDERAL TRUST RESPONSIBILITY.—The 

6 Federal trust responsibility for all land transferred 

7 under this section shall be the same as the responsi8 bility for other tribal land held in trust within the 

9 Spokane Indian Reservation. 

10 (c) COLVILLE-SPOKANE RESERVATION BOUND11 ARY.—Nothing in this section— 

12 (1) establishes or affects— 

13 (A) the precise location of the boundary 

14 between the Spokane Indian Reservation and 

15 the Colville Reservation along the Columbia 

16 River; or 

17 (B) the agreement between the Colville 

18 Tribes and the Spokane Tribe that the common 

19 boundary of the Spokane Tribe and Colville 

20 Tribes Indian zones established under the Act 

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

22 the center line of Lake Roosevelt, without ref23 erence to the course of the submerged Columbia 

24 River; or 


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

2 the Spokane Tribe to the use of the respective por3 tion of each tribe of the Indian zone, as provided in 

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

5 (d) RESERVATION OF RIGHTS.— 

6 (1) IN GENERAL.—The United States reserves 

7 a perpetual right, power, privilege, and easement 

8 over the land transferred under this section to carry 

9 out the Columbia Basin Project under the Columbia 

10 Basin Project Act (16 U.S.C. 835 et seq.). 

11 (2) RIGHTS INCLUDED.—The rights reserved 

12 under paragraph (1) further include the right to op13 erate, maintain, repair, and replace boat ramps, 

14 docks, and other recreational facilities owned or per15 mitted by the United States and existing on the date 

16 of enactment of this Act. 

17 (3) RETENTION OF NATIONAL PARK SYSTEM

18 STATUS.— 

19 (A) IN GENERAL.—Land transferred under 

20 this section that, before the date of enactment 

21 of this Act, was included in the Lake Roosevelt 

22 National Recreation Area shall remain part of 

23 the Recreation Area. 

24 (B) ADMINISTRATION.—Nothing in this 

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1 bility of the National Park Service to admin2 ister the Lake Roosevelt National Recreation 

3 Area under the Act of August 25, 1916 (39 

4 Stat. 535, chapter 408; 16 U.S.C. 1 et seq.). 

5 (4) MEMORANDUM OF UNDERSTANDING.—The 

6 cognizant agencies of the Department of the Interior 

7 shall enter into a memorandum of understanding 

8 with the Spokane Tribe to provide for coordination 

9 in applying this subsection. 

10 SEC. 10. SATISFACTION OF CLAIMS. 

11 Payment by the Secretary under section 5 and the 

12 Administrator under section 6 and restoration of owner13 ship of land in trust under section 9 constitute full satis14 faction of the claim of the Spokane Tribe to a fair share 

15 of the annual hydropower revenues generated by the 

16 Grand Coulee Dam project for the past and continued use 

17 of land of the Spokane Tribe for the production of hydro18 power at Grand Coulee Dam. 

19 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated such sums 

21 as are necessary to carry out this Act. 

22 SEC. 12. PRECEDENT. 

23 Nothing in this Act establishes any precedent or is 

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1 ern Area Power Administration, or Southeastern Power 

2 Administration. 

Æ 


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