Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act
PL 103-436 (H.R.4757), enacted 11/02/1994

PUBLIC LAW 103-436—NOV. 2, 1994 
108 STAT. 4577 
Public Law 103-436 
103d Congress 
An Act 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Confederated Tribes of the 
Colville Reservation Grand Coulee Dam Settlement Act". 
SEC. 2. DEFINITIONS. 
For purposes of this Act: 
(1) The term "Administrator" means the Administrator of 
the Bonneville Power Administration. 
(2) The term "Bonneville Power Administration" means 
the Bonneville Power Administration of the Department of 
Energy or any successor Agency, Corporation, or entity that 
markets power produced at the Dam. 
(3) The term "Dam" means the Grand Coulee Dam operated 
by the Bureau of Reclamation of the Department of the Interior, 
the power from which is marketed by the Bonneville Power 
Administration of the Department of Energy. 
(4) The term "Settlement Agreement" means the Settlement 
Agreement entered into between the United States and the 
Tribe, signed by the United States on April 21, 1994, and 
by the TVibe on April 16, 1994, to settle the claims of the 
Tribe in Docket 181-D of the Indian Claims Commission, which 
docket has been transferred to the United States Court of 
Federal Claims. 
(5) The term "Tribe" means the Confederated Tribes of 
the Colville Reservation, a federally recognized Indian tribe. 
SEC. 3, FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that— 
(1) there is pending before the United States Court of 
Federal Claims, a suit by the Confederated Tribes of the Colville 
Reservation against the United States, in which the Tribe 
seeks to recover damages under the "Fair and Honorable Deal-
ings" clause of the Indian Claims Commission Act (Act of 
August 13, 1946, 60 Stat. 1049), and in which, although the 
matter is in dispute, the potential liability of the United States 
is substantial; 
(2) the claim alleges that the United States has since 
the construction of Grand Coulee Dam used Colville Reservation 
Nov. 2, 1994 
[H.R. 4757] 
Confederated 
Tribes of the 
Colville 
Reservation 
Grand Coulee 
Dam Settlement 
Act. 
108 STAT. 4578 
PUBLIC LAW 103-436—NOV. 2, 1994 
Children and 
youth. 
land in the generation of electric power, and will continue 
to use such reservation land for as long as Grand Coulee 
Dam produces power; and that the United States has promised 
and undertaken to pay the Tribe for such use and has not 
done so; 
(3) the United States, after years of litigation, has nego-
tiated a Settlement Agreement with the Tribe, signed by the 
Department of Justice, the Bonneville Power Administration 
and the Department of the Interior. The Settlement Agreement 
is contingent on the enactment of the enabling legislation; 
and 
(4) the Settlement Agreement, approved in this Act, will 
provide mutually agreeable compensation for the past use of 
reservation land in connection with the generation of electric 
power at Grand Coulee Dam, and will establish a method 
to ensure that the Tribe will be compensated for the future 
use of reservation land in the generation of electric power 
at Grand Coulee Dam, and will settle the claims of the Tribe 
against the United States brought under the Indian Claims 
Commission Act. 
(b) PURPOSES.—It is the purpose of this Act— 
(1) to approve and ratify the Settlement Agreement entered 
into lay the United States and the Tribe; and 
(2) to direct the Bonneville Power Administration to carry 
out its obligations under the Settlement Agreement. 
SEC. 4. APPROVAL, 
RATIFICATION, 
AND 
IMPLEMENTATION 
OF 
SETTLEMENT AGREEMENT. 
(a) APPROVAL AND RATIFICATION.—The Settlement Agreement 
is approved and ratified. 
(b) ANNUAL PAYMENTS.—^The Bonneville Power Administration 
shall make annual payments to the Tribe as set forth in the Settle-
ment Agreement and shall carry out its other obligations under 
the Settlement Agreement. 
(c) SETTLEMENT,—Consistent with the negotiated terms of the 
Settlement Agreement, the United States shall join in the motion 
that the Tribe has agreed to file in Confederated Tribes v. United 
States, Indian Claims Commission Docket 181-D, for the entry 
of a compromise final judgment in the amount of $53,000,000. 
The judgment shall be paid from funds appropriated pursuant 
to section 1304 of title 31, United States Code, and is not reimburs-
able by the Bonneville Power Administration. 
SEC. 5. DISTRIBUTION OF THE SETTLEMENT FUNDS. 
(a) LUMP-SUM PAYMENT.—The judgment of $53,000,000, when 
paid, shall be deposited in the Treasury of the United States and 
the principal amount and interest on the judgment, shall be credited 
to the account of the Tribe. These funds may be advanced or 
expended for any purpose by the tribal governing body of the 
Confederated Tribes of the Colville Reservation, pursuant to a dis-
tribution plan developed by the Tribe and approved by the Secretary 
of the Interior pursuant to section 3 of Public Law 93-134 (25 
U.S.C. 1403): Provided, That any pajonent to a minor under the 
distribution plan shall be held in trust by the United States for 
the minor until the minor reaches the age of 18, or until the 
minor's class is scheduled to graduate from high school, whichever 
is later: Provided further, That emergency use of trust funds may 
PUBLIC LAW 103-436—NOV. 2, 1994 
108 STAT. 4579 
be authorized for the benefit of the minor pursuant to regulations 
of the Bureau of Indian Affairs. 
(b) ANNUAL PAYMEN^PS.—In addition to the lump-sum payment, 
annual pa3mients shall be made directly to the Tribe in accordance 
with the Settlement Agreement, and may be used in the same 
manner as any other income received by the tribe from the lease 
or sale of natural resources. 
SEC. 6. REPAYMENT CREDIT. 
Beginning with fiscal year 2000 and continuing for so long 
as 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, an amount equal to 
26 percent of the payment made to the Tribe for the prior fiscal 
year. Each deduction made under this section shall be a credit 
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 shall be allocated pro rata to all interest 
payments on debt associated with the generation function of the 
Federal Columbia River Power System that are due during that 
fiscal year; except that, if the deduction in any fiscal year is greater 
than the interest due on debt associated with the generation func-
tion for that fiscal year, then 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. To the extent that the deduction exceeds 
the total amount of any such interest, the deduction shall be applied 
as a credit against any other payments that the Administrator 
makes to the Secretary. 
SEC. 7. MISCELLANEOUS PROVISIONS. 
(a) LIENS AND FORFEITURES, ETC.—Funds paid or deposited 
to the credit of the Tribe pursuant to the Settlement Agreement 
or this Act, the interest or investment income earned or received 
on those funds, and any payment authorized by the Tribe or the 
Secretary of the Interior to be made from those funds to tribal 
members, and the interest or investment income on those payments 
earned or received while the payments are held in trust for the 
member, are not subject to levy, execution, forfeiture, garnishment, 
lien, encumbrance, seizure, or State or local taxation. 
(b) ELIGIBILITY FOR FEDERAL AND FEDERALLY FUNDED PRO-
GRAMS.—Funds paid or deposited to the credit of the Tribe pursuant 
to the Settlement Agreement or this Act, the interest or investment 
income earned or received on such funds, and any payment author-
ized by the Tribe or the Secretary of the Interior to be made 
from those funds to tribal members, and the interest or investment 
income on those pa)anents earned or received while the payments 
are held in trust for the member, may not be treated as income 
or resources nor otherwise utilized as the basis for denying or 
reducing the financial assistance or other benefit to which the 
Tribe, a tribal member, or household would otherwise be entitled 
under the Social Security Act or any Federal or federally assisted 
program. 
108 STAT. 4580 
PUBLIC LAW 103-436—NOV. 2, 1994 
(c) TRUST RESPONSIBILITY.—This Act and the Settlement Agree-
ment do not affect the trust responsibility of the United States 
and its agencies to the Tribe and the members of the Tribe. 
Approved November 2, 1994. 
LEGISLATIVE HISTORY—H.R. 4757 (S. 2259): 
HOUSE REPORTS: No. 103-685 (Ck)mm. on Natural Resources). 
SENATE REPORTS: No. 103-356 accompanying S. 2259 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Oct. 3, considered and passed House. 
Oct. 7, considered and passed Senate.