owed to the Spokane Tribe at the time at which
the project was constructed; and
(13) more than 39 percent of the land owned
by Indian tribes or members of Indian tribes that
was used for the Grand Coulee Dam project was
land of the Spokane Tribe.
SEC. 3. STATEMENT OF PURPOSE.
The purpose of this Act is to provide fair and equi-
table compensation to the Spokane Tribe, using the same
proportional basis as was used in providing compensation
to the Confederated Tribes of the Colville Reservation, for
the losses suffered as a result of the construction and op-
eration of the Grand Coulee Dam project.
SEC. 4. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Bonneville
Power Administration.
(2) CONFEDERATED
TRIBES
ACT.—The term
‘‘Confederated Tribes Act’’ means the Confederated
Tribes of the Colville Reservation Grand Coulee
Dam Settlement Act (Public Law 103–436; 108
Stat. 4577).
(3) FUND
ACCOUNT.—The term ‘‘Fund Ac-
count’’ means the Spokane Tribe of Indians Settle-
ment Fund Account established under section 5(a).
(4) SPOKANE
TRIBE.—The term ‘‘Spokane
Tribe’’ means the Spokane Tribe of Indians of the
Spokane Reservation, Washington.
SEC. 5. SETTLEMENT FUND ACCOUNT.
(a) ESTABLISHMENT OF ACCOUNT.—There is estab-
lished in the Treasury an interest bearing account to be
known as the ‘‘Spokane Tribe of Indians Settlement Fund
Account’’.
(b) DEPOSIT OF AMOUNTS.—
(1) INITIAL DEPOSIT.—On the date on which
funds are made available to carry out this Act, the
Secretary of the Treasury shall deposit in the Fund
Account, as payment and satisfaction of the claim of
the Spokane Tribe for use of land of the Spokane
Tribe for generation of hydropower for the period
beginning on June 29, 1940, and ending on Novem-
ber 2, 1994, an amount that is equal to 39.4 percent
of the amount paid to the Confederated Tribes of
the Colville Reservation under section 5(a) of the
Confederated Tribes Act, adjusted to reflect the
change, during the period beginning on the date on
which the payment described in subparagraph (A)
was made to the Confederated Tribes of the Colville
Reservation and ending on the date of enactment of
this Act, in the Consumer Price Index for all urban
consumers published by the Department of Labor.
(2) SUBSEQUENT
DEPOSITS.—On September
30 of the first fiscal year that begins after the date
of enactment of this Act, and on September 30 of
each of the 5 fiscal years thereafter, the Adminis-
trator of the Bonneville Power Administration shall
deposit in the Fund Account an amount that is
equal to 7.88 percent of the amount authorized to
be paid to the Confederated Tribes of the Colville
Reservation under section 5(b) of the Confederated
Tribes Act through the end of the fiscal year during
which this Act is enacted, adjusted to reflect the
change, during the period beginning on the date on
which the payment to the Confederated Tribes of the
Colville Reservation was first made and ending on
the date of enactment of this Act, in the Consumer
Price Index for all urban consumers published by
the Department of Labor.
(c) ANNUAL PAYMENTS.—On September 1 of the
first fiscal year after the date of enactment of this Act,
and annually thereafter, the Administrator (or the head
of any successor agency) shall pay to the Spokane Tribe
an amount that is equal to 39.4 percent of the annual
payment authorized to be paid to the Confederated Tribes
of the Colville Reservation under section 5(b) of the Con-
federated Tribes Act for the fiscal year.
SEC. 6. USE AND TREATMENT OF SETTLEMENT FUNDS.
(a) TRANSFER OF FUNDS TO SPOKANE TRIBE.—
(1) INITIAL
TRANSFER.—Not later than 60
days after the date on which the Secretary of the
Treasury receives from the Spokane Business Coun-
cil written notice of the adoption by the Spokane
Business Council of a resolution requesting that the
Secretary of the Treasury execute the transfer of
settlement funds described in section 5(a), the Sec-
retary of the Treasury shall transfer all or a portion
of the settlement funds, as appropriate, to the Spo-
kane Business Council.
(2) SUBSEQUENT TRANSFERS.—If not all funds
described in section 5(a) are transferred to the Spo-
kane Business Council under an initial transfer re-
quest described in paragraph (1), the Spokane Busi-
ness Council may make subsequent requests for, and
the Secretary of the Treasury may execute subse-
quent transfers of, those funds.
(b) USE OF INITIAL PAYMENT FUNDS.—Of the set-
tlement funds described in subsections (a) and (b) of sec-
tion 5—
(1) 25 percent shall be—
(A) reserved by the Spokane Business
Council; and
(B) used for discretionary purposes of gen-
eral benefit to all members of the Spokane
Tribe; and
(2) 75 percent shall be used by the Spokane
Business Council to carry out—
(A) a resource development program;
(B) a credit program;
(C) a scholarship program; or
(D) a reserve, investment, and economic
development program.
(c) USE
OF ANNUAL PAYMENT FUNDS.—Annual
payments made to the Spokane Tribe under section 5(c)
may be used or invested by the Spokane Tribe in the same
manner and for the same purposes as other tribal govern-
mental funds.
(d) APPROVAL
BY SECRETARY.—Notwithstanding
any other provision of law—
(1) the approval of the Secretary of the Treas-
ury or the Secretary of the Interior for any payment,
distribution, or use of the principal, interest, or in-
come generated by any settlement funds transferred
or paid to the Spokane Tribe under this Act shall
not be required; and
(2) the Secretary of the Treasury and the Sec-
retary of the Interior shall have no trust responsi-
bility for the investment, supervision, administration,
or expenditure of those funds after the date on
which the funds are transferred to or paid to the
Spokane Tribe.
(e) TREATMENT
OF FUNDS
FOR CERTAIN PUR-
POSES.—The payments and distributions of any portion
of the principal, interest, and income generated by the set-
tlement funds described in section 5 shall be treated in
the same manner as payments or distributions under sec-
tion 6 of the Saginaw Chippewa Indian Tribe of Michigan
Distribution of Judgment Funds Act (Public Law 99–346;
100 Stat. 677).
(f) TRIBAL AUDIT.—After the date on which the set-
tlement funds described in section 5 are transferred or
paid to the Spokane Tribe, the funds—
(1) shall be considered to be Spokane Tribe
governmental funds; and
(2) shall be subject to an annual tribal govern-
mental audit.
SEC. 7. REPAYMENT CREDIT.
(a) IN GENERAL.—For the first fiscal year that be-
gins after the date of enactment of this Act, and for each
subsequent fiscal year in which annual payments are made
under this Act, the Administrator shall deduct from the
interest payable to the Secretary of the Treasury from net
proceeds (as defined in section 13 of the Federal Columbia
River Transmission System Act (16 U.S.C. 838k)), a per-
centage of the payment made to the Spokane Tribe for
the preceding fiscal year.
(b) CALCULATION.—The percentage deducted under
subsection (a) shall be calculated and adjusted to ensure
that the Bonneville Power Administration receives a de-
duction comparable to that which the Bonneville Power
Administration receives for payments made to the Confed-
erated Tribes of the Colville Reservation under to the Con-
federated Tribes Act.
(c) CREDITING.—
(1) DEDUCTIONS.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), each deduction made under
this section shall be—
(i) credited to the interest payments
otherwise payable by the Administrator to
the Secretary of the Treasury during the
fiscal year in which the deduction is made;
and
(ii) allocated pro rata to all interest
payments on debt associated with the gen-
eration function of the Federal Columbia
River Power System that are due during
that fiscal year.
(B) EXCEPTION.—If, for any fiscal year,
the amount of a deduction described in sub-
paragraph (A) is greater than the amount of in-
terest due on debt associated with the genera-
tion function for the fiscal year, the amount of
the deduction that exceeds the interest due on
debt associated with the generation function
shall be allocated pro rata to all other interest
payments due during that fiscal year.
(2) OTHER PROGRAMS.—To the extent that a
deduction described in paragraph (1) exceeds the
amount of interest described in that paragraph, the
deduction shall be applied as a credit against any
other payments that the Administrator makes to the
Secretary of the Treasury.
SEC. 8. SATISFACTION OF CLAIMS.
Payment by the Administrator under section 5 con-
stitutes full satisfaction of the claim of Spokane Tribe to
a fair share of the annual hydropower revenues generated
by the Grand Coulee Dam project from June 29, 1940,
through the fiscal year preceding the fiscal year in which
this Act is enacted.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this Act.
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