,,ii #aacth ,,congress #ast ,session ,s4 #addh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjac ,ms4 ,cantwell 7for herself and ,mrs4 ,murray7 introduced the following bill2 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 ,dam1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,spokane ,tribe of ,indians of the ,spokane ,reservation ,equitable ,compensation ,act4 #b4 ,findings ,congress finds that-- 7#a7 from #aibg to #aica1 at the direction of ,congress1 the ,corps of ,engineers investigated the ,columbia ,river and its tributaries to determine sites at which power could be produced at low cost2 7#b7 under section #aj7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7;e771 when licenses are issued involving tribal land within an ,indian reservation1 a reasonable annual charge shall be fixed for the use of the land1 subject to the approval of the ,indian tribe having jurisdiction over the land2 7#c7 in ,august #aicc1 the ,columbia ,basin ,commission1 an agency of the ,state of ,washington1 received a preliminary permit from the ,federal ,power ,commission for water power development at the ,grand ,coulee site2 7#d7 had the ,columbia ,basin ,commission or a private entity developed the site1 the ,spokane ,tribe would have been entitled to a reasonable annual charge for the use of the land of the ,spokane ,tribe2 7#e7 in the mid-#aicjs1 the ,federal ,government1 which is not subject to licensing under the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47-- 7,a7 federalized the ,grand ,coulee ,dam project2 and 7,b7 began construction of the ,grand ,coulee ,dam2 7#f7 when the ,grand ,coulee ,dam project was federalized1 the ,federal ,government recognized that-- 7,a7 development of the project affected the interests of the ,spokane ,tribe and the ,confederated ,tribes of the ,colville ,reservation2 and 7,b7 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 ,dam2 7#g7 in the ,act of ,june #bi1 #aidj 7#af ,u4,s4,c4 #hce;d et seq471 ,congress-- 7,a7 granted to the ,united ,states-- 7i7 in aid of the construction1 operation1 and maintenance of the ,columbia ,basin ,project1 all the right1 title1 and interest of the ,spokane ,tribe and ,colville ,tribes in and to the tribal and allotted land within the ,spokane and ,colville ,reservations1 as designated by the ,secretary of the ,interior from time to time2 and 7ii7 other interests in that land as required and as designated by the ,secretary for certain construction activities undertaken in connection with the project2 and 7,b7 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 equitable2 7#h7 pursuant to that ,act1 the ,secretary paid-- 7,a7 to the ,spokane ,tribe1 #d1gjj2 and 7,b7 to the ,confederated ,tribes of the ,colville ,reservation1 #fc1jjj2 7#i7 in #aiid1 following litigation under the ,act of ,august #ac1 #aidf 7commonly known as the ,indian ,claims ,commission ,act 7#fj ,stat4 #ajdi1 chapter #iei2 former #be ,u4,s4,c4 #gj et seq4771 ,congress ratified the ,colville ,settlement ,agreement1 which required-- 7,a7 for past use of the land of the ,colville ,tribes1 a payment of #ec1jjj1jjj2 and 7,b7 for continued use of the land of the ,colville ,tribes1 annual payments of #ae1bej1jjj1 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 ,administration2 7#aj7 the ,spokane ,tribe1 having suffered harm similar to that suffered by the ,colville ,tribes1 did not file a claim within the #e-year statute of limitations under the ,indian ,claims ,commission ,act2 7#aa7 neither the ,colville ,tribes nor the ,spokane ,tribe filed claims for compensation for use of the land of the respective ,tribes with the ,commission prior to ,august #ac1 #aiea1 but both ,tribes filed unrelated land claims prior to ,august #ac1 #aiea2 7#ab7 in #aigf1 over objections by the ,united ,states1 the ,colville ,tribes were successful in amending the #aiea ,claims ,commission land claims to add the ,grand ,coulee claim of the ,colville ,tribes2 7#ac7 the ,spokane ,tribe had no such claim to amend1 having settled the ,claims ,commission land claims of the ,spokane ,tribe with the ,united ,states in #aifg2 7#ad7 the ,spokane ,tribe has suffered significant harm from the construction and operation of ,grand ,coulee ,dam2 7#ae7 ,spokane tribal acreage taken by the ,united ,states for the construction of ,grand ,coulee ,dam equaled approximately #ci percent of ,colville tribal acreage taken for construction of the dam2 7#af7 the payments and delegation 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 ,dam2 and 7#ag7 by vote of the ,spokane tribal membership1 the ,spokane ,tribe has resolved that the payments and delegation 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 ,dam4 #c4 ,purpose ,the purpose of this ,act is to provide fair and equitable compensation to the ,spokane ,tribe for the use of the land of the ,spokane ,tribe for the generation of hydropower by the ,grand ,coulee ,dam4 #d4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,bonneville ,power ,administration or the head of any successor agency1 corporation1 or entity that markets power produced at ,grand ,coulee ,dam4 7#b7 ,colville ,settlement ,agreement ,the term ,colville ,settlement ,agreement means the ,settlement ,agreement entered into between the ,united ,states and the ,colville ,tribes1 signed by the ,united ,states on ,april #ba1 #aiid1 and by the ,colville ,tribes on ,april #af1 #aiid1 to settle the claims of the ,colville ,tribes in ,docket #aha-;,d of the ,indian ,claims ,commission1 which docket was transferred to the ,united ,states ,court of ,federal ,claims4 7#c7 ,colville ,tribes ,the term ,colville ,tribes means the ,confederated ,tribes of the ,colville ,reservation4 7#d7 ,computed ,annual ,payment ,the term ,computed ,annual ,payment means the payment calculated under paragraph #b4;b4 of the ,colville ,settlement ,agreement1 without regard to any increase or decrease in the payment under section #b4;d4 of the agreement4 7#e7 ,confederated ,tribes ,act ,the term ,confederated ,tribes ,act means the ,confederated ,tribes of the ,colville ,reservation ,grand ,coulee ,dam ,settlement ,act 7,public ,law #ajc-dcf2 #ajh ,stat4 #degg74 7#f7 ,fund ,the term ,fund means the ,spokane ,tribe of ,indians ,recovery ,trust ,fund established by section #e4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#h7 ,spokane ,business ,council ,the term ,spokane ,business ,council means the governing body of the ,spokane ,tribe under the constitution of the ,spokane ,tribe4 7#i7 ,spokane ,tribe ,the term ,spokane ,tribe means the ,spokane ,tribe of ,indians of the ,spokane ,reservation1 ,washington4 #e4 ,spokane ,tribe of ,indians ,recovery ,trust ,fund 7a7 ,establishment of fund ,there is established in the ,treasury of the ,united ,states a separate account to be known as the ,spokane ,tribe of ,indians ,recovery ,trust ,fund1 consisting of-- 7#a7 amounts deposited in the ,fund under subsection 7b72 and 7#b7 any interest earned on investment of amounts in the ,fund4 7b7 ,deposits ,on ,october #a of the first fiscal year after the date of enactment of this ,act1 the ,secretary of the ,treasury shall1 from the general fund of the ,treasury1 deposit in the ,fund #ec1jjj1jjj4 7c7 ,maintenance and investment of ,fund ,the ,fund shall be maintained and invested by the ,secretary in accordance with the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a74 7d7 ,payments to the ,spokane ,tribe 7#a7 ,in general ,at any time after the date on which the ,spokane ,business ,council has adopted a plan described in subsection 7e7 and after amounts are deposited in the ,fund1 the ,spokane ,business ,council may request that all or a portion of the amounts in the ,fund be disbursed to the ,spokane ,tribe by submitting to the ,secretary written notice of the adoption by the ,spokane ,business ,council of a resolution requesting the disbursement4 7#b7 ,payment ,not later than #fj days after the date on which the ,secretary receives notice under paragraph 7#a71 the ,secretary shall disburse the amounts requested from the ,fund to the ,spokane ,tribe4 7e7 ,plan 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,spokane ,business ,council shall prepare a plan that describes the manner in which the ,spokane ,tribe intends to use amounts received under subsection 7d7 to promote-- 7,a7 economic development2 7,b7 infrastructure development2 7,c7 educational1 health1 recreational1 and social welfare objectives of the ,spokane ,tribe and the members of the ,spokane ,tribe2 or 7,d7 any combination of the activities described in subparagraphs 7,a7 through 7,c74 7#b7 ,review and revision 7,a7 ,in general ,the ,spokane ,business ,council shall make available to the members of the ,spokane ,tribe for review and comment a copy of the plan before the date on which the plan is final1 in accordance with procedures established by the ,spokane ,business ,council4 7,b7 ,updates ,the ,spokane ,business ,council may update the plan on an annual basis1 subject to the condition that the ,spokane ,business ,council provides the members of the ,spokane ,tribe an opportunity to review and comment on the updated plan4 #f4 ,payments by ,administrator 7a7 ,initial payment ,on ,march #a1 #bjad1 the ,administrator shall pay to the ,spokane ,tribe an amount equal to #be percent of the ,computed ,annual ,payment for fiscal year #bjac4 7b7 ,subsequent payments 7#a7 ,in general ,not later than ,march #a1 #bjae1 and ,march #a of each year thereafter through ,march #a1 #bjbc1 the ,administrator shall pay the ,spokane ,tribe an amount equal to #be percent of the ,computed ,annual ,payment for the preceding fiscal year4 7#b7 ,march #a1 #bjbd1 and subsequent years ,not later than ,march #a1 #bjbd1 and ,march #a of each year thereafter1 the ,administrator shall pay the ,spokane ,tribe an amount equal to #cb percent of the ,computed ,annual ,payment for the preceding fiscal year4 #g4 ,treatment after amounts are paid 7a7 ,use of payments ,payments made to the ,spokane ,business ,council or ,spokane ,tribe under section #e or #f may be used or invested by the ,spokane ,business ,council in the same manner and for the same purposes as other ,spokane ,tribe governmental amounts4 7b7 ,no trust responsibility of the ,secretary ,neither the ,secretary nor the ,administrator shall have any trust responsibility for the investment1 supervision1 administration1 or expenditure of any amounts after the date on which the funds are paid to the ,spokane ,business ,council or ,spokane ,tribe under section #e or #f4 7c7 ,treatment of funds for certain purposes ,the payments of all amounts to the ,spokane ,business ,council and ,spokane ,tribe under sections #e and #f1 and the interest and income generated by those amounts1 shall be treated in the same manner as payments under section #f of the ,saginaw ,chippewa ,indian ,tribe of ,michigan ,distribution of ,judgment ,funds ,act 7#ajj ,stat4 #fgg74 7d7 ,tribal audit ,after the date on which amounts are paid to the ,spokane ,business ,council or ,spokane ,tribe under section #e or #f1 the amounts shall-- 7#a7 constitute ,spokane ,tribe governmental amounts2 and 7#b7 be subject to an annual tribal government audit4 #h4 ,repayment credit 7a7 ,in general ,the ,administrator shall deduct from the interest payable to the ,secretary of the ,treasury from net proceeds 7as defined in section #ac of the ,federal ,columbia ,river ,transmission ,system ,act 7#af ,u4,s4,c4 #hchk77-- 7#a7 in fiscal year #bjbc1 #b1gjj1jjj2 and 7#b7 in each subsequent fiscal year in which the ,administrator makes a payment under section #f1 #b1gjj1jjj4 7b7 ,crediting 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 each deduction made under this section for the fiscal year shall be-- 7,a7 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 made2 and 7,b7 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 year4 7#b7 ,deduction greater than amount of interest ,if1 in an applicable fiscal year under paragraph 7#a71 the deduction is greater than the amount of interest due on debt associated with the generation function for the fiscal year1 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 year4 7#c7 ,credit ,to the extent that a deduction exceeds the total amount of interest described in paragraphs 7#a7 and 7#b71 the deduction shall be applied as a credit against any other payments that the ,administrator makes to the ,secretary of the ,treasury4 #i4 ,extinguishment of claims ,on the deposit of amounts in the ,fund under section #e1 all monetary claims that the ,spokane ,tribe has or may have against the ,united ,states 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 shall be extinguished4 #aj4 ,administration ,nothing in this ,act establishes any precedent or is binding on the ,southwestern ,power ,administration1 ,western ,area ,power ,administration1 or ,southeastern ,power ,administration4