In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Drug Competition Act of 2002''.

SEC. 2. FINDINGS.

Congress finds that--
(1) prescription drug prices are increasing at an alarming
rate and are a major worry of many senior citizens and American
families;
(2) there is a potential for companies with patent rights
regarding brand name drugs and companies which could
manufacture generic versions of such drugs to enter into
financial deals that could tend to restrain trade and greatly
reduce competition and increase prescription drug expenditures
for American citizens; and
(3) enhancing competition among these companies can
significantly reduce prescription drug expenditures for
Americans.

SEC. 3. PURPOSES.

The purposes of this Act are--
(1) to provide timely notice to the Department of Justice
and the Federal Trade Commission regarding agreements between
companies with patent rights regarding brand name drugs and
companies which could manufacture generic versions of such
drugs; and
(2) by providing timely notice, to enhance the
effectiveness and efficiency of the enforcement of the
antitrust and competition laws of the United States.

SEC. 4. DEFINITIONS.

In this Act:
(1) ANDA.--The term ''ANDA'' means an Abbreviated New Drug
Application, as defined under section 201(aa) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(aa)).
(2) Assistant attorney general.--The term ''Assistant
Attorney General'' means the Assistant Attorney General in
charge of the Antitrust Division of the Department of Justice.
(3) Brand name drug.--The term ''brand name drug'' means a
drug approved under section 505(c) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(c)).
(4) Brand name drug company.--The term ''brand name drug
company'' means the party that received Food and Drug
Administration approval to market a brand name drug pursuant to
an NDA, where that drug is the subject of an ANDA, or a party
owning or controlling enforcement of any patent listed in the
Approved Drug Products With Therapeutic Equivalence Evaluations
of the Food and Drug Administration for that drug, under
section 505(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(b)).
(5) Commission.--The term ''Commission'' means the Federal
Trade Commission.
(6) Generic drug.--The term ''generic drug'' means a
product that the Food and Drug Administration has approved
under section 505(j) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)).
(7) Generic drug applicant.--The term ''generic drug
applicant'' means a person who has filed or received approval
for an ANDA under section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)).
(8) NDA.--The term ''NDA'' means a New Drug Application, as
defined under section 505(b) et seq. of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(b) et seq.)

SEC. 5. NOTIFICATION OF AGREEMENTS.

(a) In General.--
(1) Requirement.--A generic drug applicant that has
submitted an ANDA containing a certification under section
505(j)(2)(vii)(IV) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(2)(vii)(IV)) and a brand name drug company
that enter into an agreement described in paragraph (2), prior
to the generic drug that is the subject of the application
entering the market, shall each file the agreement as required
by subsection (b).
(2) Definition.--An agreement described in this paragraph
is an agreement regarding--
(A) the manufacture, marketing or sale of the brand
name drug that is the subject of the generic drug
applicant's ANDA;
(B) the manufacture, marketing or sale of the
generic drug that is the subject of the generic drug
applicant's ANDA; or
(C) the 180-day period referred to in section
505(j)(5)(B)(iv) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) as it applies
to such ANDA or to any other ANDA based on the same
brand name drug.
(b) Filing.--
(1) Agreement.--The generic drug applicant and the brand
name drug company entering into an agreement described in
subsection (a)(2) shall file with the Assistant Attorney
General and the Commission the text of any such agreement,
except that the generic drug applicant and the brand-name drug
company shall not be required to file an agreement that solely
concerns--
(A) purchase orders for raw material supplies;
(B) equipment and facility contracts;
(C) employment or consulting contracts; or
(D) packaging and labeling contracts.
(2) Other agreements.--The generic drug applicant and the
brand name drug company entering into an agreement described in
subsection (a)(2) shall file with the Assistant Attorney
General and the Commission the text of any other agreements not
described in subsection (a)(2) between the generic drug
applicant and the brand name drug company which are contingent
upon, provide a contingent condition for, or are otherwise
related to an agreement which must be filed under this Act.
(3) Description.--In the event that any agreement required
to be filed by paragraph (1) or (2) has not been reduced to
text, both the generic drug applicant and the brand name drug
company shall file written descriptions of the non-textual
agreement or agreements that must be filed sufficient to reveal
all of the terms of the agreement or agreements.

SEC. 6. FILING DEADLINES.

Any filing required under section 5 shall be filed with the
Assistant Attorney General and the Commission not later than 10
business days after the date the agreements are executed.

SEC. 7. DISCLOSURE EXEMPTION.

Any information or documentary material filed with the Assistant
Attorney General or the Commission pursuant to this Act shall be exempt
from disclosure under section 552 of title 5, and no such information
or documentary material may be made public, except as may be relevant
to any administrative or judicial action or proceeding. Nothing in this
section is intended to prevent disclosure to either body of Congress or
to any duly authorized committee or subcommittee of the Congress.

SEC. 8. ENFORCEMENT.

(a) Civil Penalty.--Any brand name drug company or generic drug
applicant which fails to comply with any provision of this Act shall be
liable for a civil penalty of not more than $11,000, for each day
during which such entity is in violation of this Act. Such penalty may
be recovered in a civil action brought by the United States, or brought
by the Commission in accordance with the procedures established in
section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)).
(b) Compliance and Equitable Relief.--If any brand name drug
company or generic drug applicant fails to comply with any provision of
this Act, the United States district court may order compliance, and
may grant such other equitable relief as the court in its discretion
determines necessary or appropriate, upon application of the Assistant
Attorney General or the Commission.

SEC. 9. RULEMAKING.

The Commission, with the concurrence of the Assistant Attorney
General and by rule in accordance with section 553 of title 5 United
States Code, consistent with the purposes of this Act--
(1) may define the terms used in this Act;
(2) may exempt classes of persons or agreements from the
requirements of this Act; and
(3) may prescribe such other rules as may be necessary and
appropriate to carry out the purposes of this Act.

SEC. 10. SAVINGS CLAUSE.

Any action taken by the Assistant Attorney General or the
Commission, or any failure of the Assistant Attorney General or the
Commission to take action, under this Act shall not bar any proceeding
or any action with respect to any agreement between a brand name drug
company and a generic drug applicant at any time under any other
provision of law, nor shall any filing under this Act constitute or
create a presumption of any violation of any antitrust or competition
laws.

SEC. 11. EFFECTIVE DATE.

This Act shall--
(1) take effect 30 days after the date of enactment of this
Act; and
(2) shall apply to agreements described in section 5 that
are entered into 30 days after the date of enactment of this
Act.

Passed the Senate November 18, 2002.

Attest:

JERI THOMSON,

Secretary.

Output: Drug Competition Act of 2002 - (Sec. 5) Requires a generic drug applicant that has submitted an Abbreviated New Drug Application (ANDA) and a brand name drug company that enter into an agreement, prior to the generic drug entering the market, regarding the manufacture, marketing, or sale of the brand name or the generic drug, or regarding the 180-day semi-exclusivity period referred to in the Federal Food, Drug, and Cosmetic Act as it applies to such ANDA or any other ANDA based on the same brand name drug, to each file such agreement and any related agreements with the Assistant Attorney General and the Federal Trade Commission (FTC). Makes an exception for agreements that solely concern purchase orders for raw material supplies, equipment and facility contracts, or employment or consulting contracts. Requires such agreements to be filed not later than ten business days after the date they are executed.(Sec. 7) Exempts any such information or documentary material filed from disclosure under the Freedom of Information Act. Prohibits such information or material from being made public, except as relevant to any administrative or judicial action or proceeding.(Sec. 8) Subjects an applicant or company to a civil penalty of up to $11,000 for each day such entity fails to comply with this Act, recoverable in a civil action brought by the United States or the FTC. Authorizes a U.S. district court to order compliance and grant equitable relief.

Input: Consider Input: SEC. 1. SHORT TITLE.

This Act may be cited as the ''Postal Service Enhancement Act''.

TITLE I--RATEMAKING FLEXIBILITIES

SEC. 101. COMPETITIVE AND NONCOMPETITIVE PRODUCTS DEFINED.

Section 102 of title 39, United States Code, is amended by striking
''and'' at the end of paragraph (3), by striking the period at the end
of paragraph (4) and inserting a semicolon, and by adding at the end
the following:
''(5) 'competitive product' refers to any postal product
which the Postal Rate Commission has determined, based on
appropriate economic factors prescribed by the Commission,
competes for business in a competitive market; and
''(6) 'noncompetitive product' refers to any postal product
that is not a competitive product.''.

SEC. 102. RATES AND FEES FOR NONCOMPETITIVE PRODUCTS.

(a) Current Ratemaking Procedures Cease To Apply With Respect to
Competitive Products.--Section 3622(a) of title 39, United States Code,
is amended by adding at the end the following: ''This section shall
apply only in the case of noncompetitive products.''.
(b) Prohibition on Subsidizing Competitive Products.--Section
3622(b) of title 39, United States Code, is amended by striking ''and''
at the end of paragraph (8), by redesignating paragraph (9) as
paragraph (10), and by inserting after paragraph (8) the following:
''(9) the requirement that no rate or fee for a
noncompetitive product shall subsidize any rate or fee for a
competitive product; and''.

SEC. 103. AUTHORITY TO INCREASE RATES FOR NONCOMPETITIVE PRODUCTS
INCREMENTALLY.

Section 3624 of title 39, United States Code, is amended by adding
at the end the following:
''(e) If a request made by the Postal Service under section 3622
proposes that one or more rates of postage or fees for postal services
be changed incrementally, the recommended decision of the Commission
may include provisions responsive to that proposal.''.

SEC. 104. NEGOTIATED SERVICE AGREEMENTS.

Title 39, United States Code, is amended by inserting after section
3642 the following:
''Sec. 3643. Negotiated service agreements
''(a) The Postal Service may enter into negotiated service
agreements with mail users under this section and in accordance with
the policies of this title.
''(b) A negotiated service agreement may not be entered into unless
each of the following conditions is met:
''(1) The agreement can reasonably be expected to result in
net benefits to the operation of a nationwide postal system.
''(2) The Postal Service remains willing and able to enter
into similar negotiated service agreements with other similarly
situated mail users (determined without regard to size).
''(3) Rates and fees payable during the term of the
negotiated service agreement are reasonably calculated to yield
to the Postal Service total revenues (after taking into account
any costs avoided, and any additional costs incurred, by the
Postal Service pursuant to the agreement) at least equal to the
revenues that would be generated over that same period of time
by application of the rate or rates chargeable under the
classification or classifications of mail service most similar
to the services performed under the agreement.
''(c) A negotiated service agreement that involves one or more
noncompetitive products shall not become effective unless the Postal
Rate Commission first certifies, in accordance with such expedited
procedures as the Commission shall by regulation establish, that the
agreement meets the requirements of this section. Certifications under
this subsection may, notwithstanding section 3628, be appealed to any
court of appeals of the United States.
''(d) For purposes of this section, the term 'negotiated service
agreement' means an agreement between a mail user and the Postal
Service requiring performance by the mail user, the Postal Service, or
both, of any combination of activities that, with respect to one or
more classes of mail, differs significantly from those that would
otherwise apply.''.

SEC. 105. COMPETITIVE PRODUCTS.

Subchapter II of chapter 36 of title 39, United States Code, is
amended by adding at the end the following:
''Sec. 3630. Competitive products
''(a) The Postal Service may offer competitive products under this
section and in accordance with the policies of this title.
''(b) A competitive product may not be offered unless each of the
following conditions is met:
''(1) The product can reasonably be expected to result in
net benefits to the operation of a nationwide postal system.
''(2) The rates or fees for the product--
''(A) comply with the factors specified in section
3622(b); and
''(B) are not subsidized by any rates or fees for
noncompetitive products.
''(c)(1) Interested parties who believe the Postal Service is
offering a competitive product which does not conform to the policies
set out in this title may lodge a complaint with the Postal Rate
Commission in such form and in such manner as it may prescribe. The
Commission may, in its discretion, hold hearings on such complaint and
may issue an order providing for such interim relief as the Commission
considers appropriate. The Commission shall issue an order deciding the
complaint as expeditiously as possible.
''(2) The Postal Service shall comply with orders of the Commission
under this subsection. Such orders may, notwithstanding section 3628,
be appealed to any court of appeals of the United States.
''(3) Section 3662 shall not apply to complaints relating to
competitive products.''.

SEC. 106. TECHNICAL AND CONFORMING AMENDMENTS.

(a) The heading for section 3622 of title 39, United States Code,
is amended to read as follows:
''Sec. 3622. Rates and fees for noncompetitive products''.
(b) The table of sections for chapter 36 of title 39, United States
Code, is amended--
(1) by striking the item relating to section 3622 and
inserting the following:

''3622. Rates and fees for noncompetitive products.'';
(2) by adding after the item relating to section 3629 the
following:

''3630. Competitive products.''; and
(3) by inserting after the item relating to section 3642
the following:

''3643. Negotiated service agreements.''.

SEC. 107. SAVINGS PROVISIONS.

(a) Postal Products; Rates and Fees.--Until otherwise provided in
accordance with title 39, United States Code (as amended by this title
or as deemed to have remained in effect under subsection (b), as the
case may be)--
(1) all postal products offered immediately before this Act
takes effect shall continue being offered; and
(2) all rates and fees in effect under such title
immediately before this Act takes effect shall remain in
effect.
(b) Proceedings Pending.--This title shall not affect any
proceedings pending immediately before the date of enactment of this
Act, and any such proceedings shall continue under applicable
provisions of title 39, United States Code, as last in effect before
such date of enactment, until completed or terminated in accordance
therewith.

TITLE II--NATIONAL COMMISSION ON POSTAL EFFICIENCY AND ENHANCEMENT

SEC. 201. ESTABLISHMENT.

There is established a commission to be known as the ''National
Commission on Postal Efficiency and Enhancement'' (hereinafter in this
title referred to as the ''Commission'').

SEC. 202. FUNCTIONS OF THE COMMISSION.

The Commission shall review the present practices and
organizational structure of the United States Postal Service, with a
view toward identifying--
(1) areas of inefficiency or waste; and
(2) methods for improving operations involved in the
collection, processing, or delivery of mail.

SEC. 203. MEMBERSHIP.

(a) Number and Appointment.--The Commission shall be composed of 8
members appointed by the President, except that of those members--
(1) 2 shall be appointed from among individuals recommended
by the majority leader of the Senate; and
(2) 2 shall be appointed from among individuals recommended
by the Speaker of the House of Representatives.
(b) Qualifications.--An individual appointed to serve on the
Commission shall have expertise in mail delivery, organizational
efficiency, labor relations, or other relevant subject areas.
(c) Initial Appointments.--It is the sense of the Congress that the
members of the Commission should be appointed within 90 days after the
date of enactment of this Act.
(d) Chairman.--The Chairman of the Commission shall be designated
by the President.
(e) Pay.--Members shall be paid at a rate to be established by the
President, not to exceed the rate payable for level I of the Executive
Schedule under section 5312 of title 5, United States Code.

SEC. 204. ADMINISTRATION.

(a) In General.--The Chairman of the Commission shall exercise the
executive and administrative functions of the Commission, and may
appoint such staff as may be necessary for the operation of the
Commission.
(b) Information From Agencies.--The Commission may secure from any
department, agency, independent establishment, or other instrumentality
of the United States, any information necessary to enable it to carry
out its functions under this title. Upon receiving a request under the
preceding sentence, the head of the instrumentality involved shall, to
the extent authorized by law, furnish such information directly to the
Commission.

SEC. 205. REPORTING REQUIREMENTS.

The Commission shall transmit to the President and the Congress,
within 2 years after the date of enactment of this Act, a report
containing a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for any legislation or
administrative actions which the Commission considers appropriate.

SEC. 206. TERMINATION.

The Commission shall terminate as of the date on which the work of
the Commission has been completed.

TITLE III--ENHANCED AUTHORITIES FOR THE POSTAL RATE COMMISSION

SEC. 301. ENHANCED AUTHORITIES.

Section 3604 of title 39, United States Code, is amended by adding
at the end the following:
''(f)(1) Any Commissioner of the Postal Rate Commission, any
administrative law judge appointed by the Commission under section 3105
of title 5, and any employee of the Commission designated by the
Commission, may administer oaths, examine witnesses, take depositions,
and receive evidence.
''(2) The Chairman of the Commission, any Commissioner designated
by the Chairman, and any administrative law judge appointed by the
Commission under section 3105 of title 5 may, with respect to any
proceeding conducted by the Commission under this title--
''(A) issue subpoenas requiring the attendance and
presentation of testimony, or the production of documentary or
other evidence in the possession, of any covered individual;
and
''(B) order the taking of depositions or responses to
written interrogatories by a covered individual.
''(3) In the case of contumacy or failure to obey a subpoena or
order issued under this subsection, upon application by the Commission,
the district court of the United States for the district in which the
person to whom the subpoena or order is addressed resides or is served
may issue an order requiring such person to appear at any designated
place to testify or produce documentary or other evidence. Any failure
to obey the order of the court may be punished by the court as a
contempt thereof.
''(4) For purposes of this subsection, the term 'covered
individual' means an officer or employee or agent of the Postal Service
or of a contractor of the Postal Service.
''(g)(1) If the Postal Service determines that any testimony,
document, or other matter provided pursuant to a subpoena or order
issued under subsection (f), or otherwise provided by the Postal
Service to the Postal Rate Commission in connection with any proceeding
or other purpose under this title, contains information which is
described in section 410(c) of this title, or exempt from public
disclosure under section 552(b) of title 5, the Postal Service shall,
at the time such matter is provided to the Commission, notify the
Commission, in writing, of its determination (and the reasons
therefor).
''(2) The Commission shall establish procedures for ensuring, where
appropriate, the confidentiality of any information as to which it has
been notified under paragraph (1).''.

Output: (Sec. 104) Outlines conditions under which the Postal Service (Service) may enter into negotiated service agreements with mail users, including that: (1) the agreement will result in net benefits to the nationwide postal system; and (2) rates and fees payable under the agreement are calculated to yield revenues to the Service that are at least equal to revenues generated by rates chargeable for other mail services. Allows any such agreement that involves one or more noncompetitive products to be effective only after the Postal Rate Commission (Commission) first certifies that such agreement meets requirements applicable to all mail service agreements.
(Sec. 105) Outlines conditions under which the Service may offer competitive products. Provides conditions under which a party who believes that the Service is offering a competitive product which does not conform to such conditions may lodge a complaint with the Commission.
Title II: National Commission on Postal Efficiency and Enhancement
- Establishes the National Commission on Postal Efficiency and Enhancement to review and report on the present practices and organizational structure of the Service, with a view toward identifying waste or inefficiency and improving the collection, processing, and delivery of mail.
Title III: Enhanced Authorities for the Postal Rate Commission
- Authorizes any Commission commissioner, any administrative law judge appointed by the Commission, and any Commission employee to administer oaths, examine witnesses, take depositions, and receive evidence. Authorizes the Commission Chairman, any designated commissioner, or any Commission-appointed administrative law judge to issue subpoenas and order the taking of depositions or responses to written interrogatories.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Spokane Tribe of Indians of the
Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement
Act''.

SEC. 2. FINDINGS.

Congress finds that--
(1) from 1927 to 1931, at the direction of Congress, the
Corps of Engineers investigated the Columbia River and its
tributaries to determine sites at which power could be produced
at low cost;
(2) under section 10(e) of the Federal Power Act (16 U.S.C.
803(e)), when licenses are issued involving tribal land within
an Indian reservation, a reasonable annual charge shall be
fixed for the use of the land, subject to the approval of the
Indian tribe having jurisdiction over the land;
(3) in August 1933, the Columbia Basin Commission, an
agency of the State of Washington, received a preliminary
permit from the Federal Power Commission for water power
development at the Grand Coulee site;
(4) had the Columbia Basin Commission or a private entity
developed the site, the Spokane Tribe would have been entitled
to a reasonable annual charge for the use of its land;
(5) in the mid-1930s, the Federal Government, which is not
subject to licensing under the Federal Power Act (16 U.S.C. 792
et seq.)--
(A) federalized the Grand Coulee Dam project; and
(B) began construction of the Grand Coulee Dam;
(6) when the Grand Coulee Dam project was federalized, the
Federal Government recognized that--
(A) development of the project affected the
interests of the Spokane Tribe and the Confederated
Tribes of the Colville Reservation; and
(B) it would be appropriate for the Spokane and
Colville Tribes to receive a share of revenue from the
disposition of power produced at Grand Coulee Dam;
(7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.),
Congress--
(A) granted to the United States--
(i) in aid of the construction, operation,
and maintenance of the Columbia Basin Project,
all the right, title, and interest of the
Spokane Tribe and Colville Tribes in and to the
tribal and allotted land within the Spokane and
Colville Reservations, as designated by the
Secretary of the Interior from time to time;
and
(ii) other interests in such land as
required and as designated by the Secretary for
certain construction activities undertaken in
connection with the project; and
(B) provided that compensation for the land and
other interests was to be determined by the Secretary
in such amounts as the Secretary determined to be just
and equitable;
(8) pursuant to that Act, the Secretary paid--
(A) to the Spokane Tribe, $4,700; and
(B) to the Confederated Tribes of the Colville
Reservation, $63,000;
(9) in 1994, following litigation under the Act of August
13, 1946 (commonly known as the ''Indian Claims Commission
Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et
seq.)), Congress ratified the Colville Settlement Agreement,
which required--
(A) for past use of the Colville Tribes' land, a
payment of $53,000,000; and
(B) for continued use of the Colville Tribes' land,
annual payments of $15,250,000, adjusted annually based
on revenues from the sale of electric power from the
Grand Coulee Dam project and transmission of that power
by the Bonneville Power Administration;
(10) the Spokane Tribe, having suffered harm similar to
that suffered by the Colville Tribes, did not file a claim
within the Indian Claims Commission Act's 5-year statute of
limitations;
(11) neither the Colville Tribes nor the Spokane Tribe
filed claims for compensation for use of their land with the
Commission before August 13, 1951, but both Tribes filed
unrelated land claims prior to August 13, 1951;
(12) in 1976, over objections by the United States, the
Colville Tribes were successful in amending their 1951 Claims
Commission land claims to add their Grand Coulee claim;
(13) the Spokane Tribe had no such claim to amend, having
settled its Claims Commission land claims with the United
States in 1967;
(14) the Spokane Tribe has suffered significant harm from
the construction and operation of Grand Coulee Dam;
(15) Spokane tribal acreage taken by the United States for
the construction of Grand Coulee Dam equaled approximately 39
percent of Colville tribal acreage taken for construction of
the dam;
(16) the payments and land transfers made pursuant to this
Act constitute fair and equitable compensation for the past and
continued use of Spokane tribal land for the production of
hydropower at Grand Coulee Dam; and
(17) by vote of the Spokane tribal membership, the Spokane
Tribe has resolved that the payments and land transfers made
pursuant to this Act constitute fair and equitable compensation
for the past and continued use of Spokane Tribal land for the
production of hydropower at Grand Coulee Dam.

SEC. 3. PURPOSE.

The purpose of this Act is to provide fair and equitable
compensation to the Spokane Tribe for the use of its land for the
generation of hydropower by the Grand Coulee Dam.

SEC. 4. DEFINITIONS.

In this Act:
(1) Administrator.--The term ''Administrator'' means the
Administrator of the Bonneville Power Administration or the
head of any successor agency, corporation, or entity that
markets power produced at Grand Coulee Dam.
(2) Colville settlement agreement.--The term ''Colville
Settlement Agreement'' means the Settlement Agreement entered
into between the United States and the Colville Tribes, signed
by the United States on April 21, 1994, and by the Colville
Tribes on April 16, 1994, to settle the claims of the Colville
Tribes in Docket 181-D of the Indian Claims Commission, which
docket was transferred to the United States Court of Federal
Claims.
(3) Colville tribes.--The term ''Colville Tribes'' means
the Confederated Tribes of the Colville Reservation.
(4) Computed annual payment.--The term ''Computed Annual
Payment'' means the payment calculated under paragraph 2.b. of
the Colville Settlement Agreement, without regard to any
increase or decrease in the payment under section 2.d. of the
agreement.
(5) Confederated tribes act.--The term ''Confederated
Tribes Act'' means the Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act (108 Stat. 4577).
(6) Fund.--The term ''Fund'' means the Spokane Tribe of
Indians Settlement Fund established by section 5.
(7) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.
(8) Spokane business council.--The term ''Spokane Business
Council'' means the governing body of the Spokane Tribe under
the constitution of the Spokane Tribe.
(9) Spokane tribe.--The term ''Spokane Tribe'' means the
Spokane Tribe of Indians of the Spokane Reservation,
Washington.

SEC. 5. SETTLEMENT FUND.

(a) Establishment of Fund.--There is established in the Treasury of
the United States an interest- bearing trust fund to be known as the
''Spokane Tribe of Indians Settlement Fund'', consisting of--
(1) amounts deposited in the Fund under subsection (b); and
(2) any interest earned on investment of amounts in the
Fund.
(b) Deposits.--From amounts made available under section 11--
(1) for fiscal year 2009, the Secretary shall deposit in
the Fund $23,900,000; and
(2) for each of the 4 fiscal years thereafter, the
Secretary shall deposit in the Fund $18,900,000.
(c) Maintenance and Investment of Fund.--The Fund shall be
maintained and invested by the Secretary in accordance with the Act of
June 24, 1938 (25 U.S.C. 162a).
(d) Payment of Funds to Spokane Business Council.--
(1) Request.--At any time after funds are deposited in the
Fund, the Spokane Business Council may submit to the Secretary
written notice of the adoption by the Spokane Business Council
of a resolution requesting that the Secretary pay all or a
portion of the amounts in the Fund to the Spokane Business
Council.
(2) Payment.--Not later than 60 days after receipt of a
notice under paragraph (1), the Secretary shall pay the amount
requested to the Spokane Business Council.
(e) Use of Funds.--
(1) Cultural resource repository and interpretive center.--
(A) In general.--Of the initial deposit under
subsection (b)(1), $5,000,000 shall be used by the
Spokane Business Council for the planning, design,
construction, equipping, and continuing operation and
maintenance of a Cultural Resource Repository and
Interpretive Center to--
(i) house, preserve, and protect the burial
remains and funerary and cultural resources
affected by the operation of the Grand Coulee
Dam; and
(ii) provide an interpretive and
educational facility regarding the culture and
history of the Spokane Tribe.
(B) Effect.--The funding under subparagraph (A)
does not alter or affect any authority, obligation, or
responsibility of the United States under--
(i) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.);
(ii) the Archaeological Resources
Protection Act (16 U.S.C. 470aa et seq.);
(iii) the National Historic Preservation
Act (16 U.S.C. 470 et seq.); or
(iv) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(2) Other uses.--Of all other amounts deposited in the Fund
(including interest generated on those amounts)--
(A) 25 percent shall be--
(i) reserved by the Spokane Business
Council; and
(ii) used for discretionary purposes of
general benefit to all members of the Spokane
Tribe; and
(B) 75 percent shall be used by the Spokane
Business Council to carry out--
(i) resource development programs;
(ii) credit programs;
(iii) scholarship programs; or
(iv) reserve, investment, and economic
development programs.

SEC. 6. PAYMENTS BY ADMINISTRATOR.

(a) Initial Payment.--On March 1, 2009, the Administrator shall pay
to the Spokane Tribe an amount equal to 29 percent of the Computed
Annual Payment for fiscal year 2008.
(b) Subsequent Payments.--Not later than March 1, 2010, and March 1
of each year thereafter, the Administrator shall pay the Spokane Tribe
an amount equal to 29 percent of the Computed Annual Payment for the
preceding fiscal year.
(c) Payment Recovery.--
(1) In general.--In accordance with the payment schedule
described in subsection (b), the Administrator shall make
commensurate cost reductions in expenditures, on an annual
basis, to recover each payment to the Spokane Tribe under this
section.
(2) Requirement.--The Administrator shall include a
description of a cost reduction plan as required under
paragraph (1) in the annual budget submitted by the
Administrator to Congress.

SEC. 7. TREATMENT AFTER FUNDS ARE PAID.

(a) Use of Payments.--Payments made to the Spokane Business Council
or Spokane Tribe under section 5 or 6 may be used or invested by the
Business Council in the same manner and for the same purposes as other
Spokane Tribe governmental funds.
(b) No Trust Responsibility of the Secretary.--Neither the
Secretary nor the Administrator shall have any trust responsibility for
the investment, supervision, administration, or expenditure of any
funds after the date on which the funds are paid to the Spokane
Business Council or Spokane Tribe under section 5 or 6.
(c) Treatment of Funds for Certain Purposes.--The payments of all
funds to the Spokane Business Council and Spokane Tribe under sections
5 and 6, and the interest and income generated by the funds, shall be
treated in the same manner as payments under section 6 of the Saginaw
Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act
(100 Stat. 677).
(d) Tribal Audit.--After the date on which funds are paid to the
Spokane Business Council or Spokane Tribe under section 5 or 6, the
funds shall--
(1) constitute Spokane Tribe governmental funds; and
(2) be subject to an annual tribal government audit.

SEC. 8. REPAYMENT CREDIT.

(a) In General.--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))--
(1) in fiscal year 2009, $1,300,000; and
(2) in each subsequent fiscal year in which the
Administrator makes a payment under section 6, $1,300,000.
(b) Crediting.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each deduction made under this section shall be--
(A) 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
(B) 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
the fiscal year.
(2) Deduction greater than amount of interest.--If, in any
fiscal year, the deduction is greater than the amount of
interest due on debt associated with the generation 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 the fiscal year.
(3) Credit.--To the extent that a deduction exceeds the
total amount of interest described in paragraphs (1) and (2),
the deduction shall be applied as a credit against any other
payments that the Administrator makes to the Secretary of the
Treasury.

SEC. 9. TRANSFER OF ADMINISTRATIVE JURISDICTION AND RESTORATION OF
OWNERSHIP OF LAND.

(a) Transfer of Jurisdiction.--The Secretary shall transfer
administrative jurisdiction from the Bureau of Reclamation to the
Bureau of Indian Affairs over all land acquired by the United States
under the Act of June 29, 1940 (16 U.S.C. 835d), that is located within
the exterior boundaries of the Spokane Indian Reservation established
pursuant to the Executive Order of January 18, 1881.
(b) Restoration of Ownership in Trust.--
(1) In general.--All land transferred under this section--
(A) shall be held in trust for the benefit and use
of the Spokane Tribe; and
(B) shall remain part of the Spokane Indian
Reservation.
(2) Federal trust responsibility.--The Federal trust
responsibility for all land transferred under this section
shall be the same as the responsibility for other tribal land
held in trust within the Spokane Indian Reservation.
(c) Colville-Spokane Reservation Boundary.--Nothing in this section
establishes or affects the precise location of the boundary between the
Spokane Indian Reservation and the Colville Reservation along the
Columbia River.
(d) Reservation of Rights.--
(1) In general.--The United States reserves a perpetual
right, power, privilege, and easement over the land transferred
under this section to carry out the Columbia Basin Project
under the Columbia Basin Project Act (16 U.S.C. 835 et seq.).
(2) Rights included.--The rights reserved under paragraph
(1) further include the right to operate, maintain, repair, and
replace boat ramps, docks, and other recreational facilities
owned or permitted by the United States and existing on the
date of enactment of this Act.
(3) Retention of national park system status.--
(A) In general.--Land transferred under this
section that, before the date of enactment of this Act,
was included in the Lake Roosevelt National Recreation
Area shall remain part of the Recreation Area.
(B) Administration.--Nothing in this section shall
affect the authority or responsibility of the National
Park Service to administer the Lake Roosevelt National
Recreation Area under the Act of August 25, 1916 (39
Stat. 535, chapter 408; 16 U.S.C. 1 et seq.).
(4) Memorandum of understanding.--The cognizant agencies of
the Department of the Interior shall enter into a memorandum of
understanding with the Spokane Tribe to provide for
coordination in applying this subsection.

SEC. 10. SATISFACTION OF CLAIMS.

Payment by the Secretary under section 5 and the Administrator
under section 6 and restoration of ownership of land in trust under
section 9 constitute full satisfaction of the claim of the Spokane
Tribe to a fair share of the annual hydropower revenues generated by
the Grand Coulee Dam project for the past and continued use of land of
the Spokane Tribe for the production of hydropower at Grand Coulee Dam.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary
to carry out this Act.

SEC. 12. PRECEDENT.

Nothing in this Act establishes any precedent or is binding on the
Southwestern Power Administration, Western Area Power Administration,
or Southeastern Power Administration.
Output: Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act - Establishes in the Treasury the Spokane Tribe of Indians Settlement Fund.

Requires the payment of compensation to the Spokane Business Council for the use of tribal lands for the generation of hydropower from the Grand Coulee Dam.

Requires the use of such funds, in part, for a Cultural Resource Repository and Interpretive Center concerning the culture and history of the Spokane Tribe.

Directs the Administrator of the Bonneville Power Administration to make specified settlement payments to the Spokane Tribe.

Allows payments made to the Spokane Business Council or Spokane Tribe to be used or invested by the Business Council in the same manner and for the same purposes as other Spokane Tribal governmental funds.

Directs the Secretary of the Interior to transfer administrative jurisdiction from the Bureau of Reclamation to the Bureau of Indian Affairs over certain land located within the exterior boundaries of the Spokane Indian Reservation.

Provides that payments by the Secretary and the Administrator and restoration of ownership of land in trust constitute full satisfaction of the claim of the Spokane Tribe to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of land of the Spokane Tribe for the production of hydropower at Grand Coulee Dam.