< Back to S. 2259 (103rd Congress, 1993–1994)

Text of the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act

This bill was introduced on August 10, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 20, 1994 (Placed on Calendar in the Senate).

Source: GPO

S 2259 PCS

Calendar No. 614

103d CONGRESS

2d Session

S. 2259

[Report No. 103-356]

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.

IN THE SENATE OF THE UNITED STATES

June 30 (legislative day, JUNE 7), 1994

Mrs. MURRAY (for herself, Mr. HATFIELD, Mr. GORTON, Mr. INOUYE, and Mr. BRADLEY) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

July 26 (legislative day, JULY 20), 1994

Ordered, that when the Committee on Indian Affairs reports the bill, it then be referred to the Committee on Energy and Natural Resources for a period not to exceed 10 days

August 23 (legislative day, AUGUST 18), 1994

Reported by Mr. INOUYE, with amendments

[Omit the part struck through and insert the part printed in italic]

August 23 (legislative day, AUGUST 18), 1994

Referred to the Committee on Energy and Natural Resources pursuant to the order of July 26, 1994

September 20 (legislative day, SEPTEMBER 12), 1994

Committee discharged pursuant to the order of July 26, 1994, and placed on the calendar


A BILL

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.

    As used in this Act:

      (1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Bonneville Power Administration.

      (2) BONNEVILLE POWER ADMINISTRATION- 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) DAM- The term ‘Dam’ means the Grand Coulee Dam--

        (A) operated by the Bureau of Reclamation of the Department of the Interior, and

        (B) with respect to which power is marketed by the Bonneville Power Administration of the Department of Energy.

      (4) CONFEDERATED TRIBES V. UNITED STATES- The term ‘Confederated Tribes v. United States’ means the case pending before the United States Court of Federal Claims arising from the claim filed with the Indian Claims Commission with the docket number 181-D that--

        (A) was transferred to the United States Court of Federal Claims pursuant to the Federal Courts Improvement Act of 1982 (96 Stat. 25) as Confederated Tribes v. United States (20 Cl. Ct. 31);

        (B) with respect to which an appeal was filed in the United States Court of Appeals, Federal Circuit (964 F.2d 1102) (Fed. Cir. 1992); and

        (C) on the basis of the appeal, was remanded in part by the United States Court of Appeals to the United States Court of Federal Claims.

      (5) MINOR- The term ‘minor’ means a child who has not attained the age of 18.

      (6) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

      (7) SETTLEMENT AGREEMENT- The term ‘Settlement Agreement’ means the Settlement Agreement entered into between the United States and the Confederated Tribes of the Colville Reservation, signed by the United States on April 21, 1994, and by the Tribe on April 16, 1994, to settle the claims of the Tribe under Confederated Tribes v. United States.

      (8) TRIBE- ‘Tribe’ means the Confederated Tribes of the Colville Reservation, a federally recognized Indian tribe.

SEC. 3. FINDINGS AND PURPOSE.

    (a) FINDINGS- Congress finds the following:

      (1) An action by the Confederated Tribes of the Colville Reservation against the United States is pending before the United States Court of Federal Claims.

      (2) In such action, the Tribe seeks to recover damages under section 2(5) of the Indian Claims Commission Act (60 Stat. 1050 (formerly 25 U.S.C. 70a(5))) relating to fair and honorable dealings.

      (3) Although the matter that is the subject of such action is in dispute, the potential liability of the United States is substantial.

      (4) The claim filed by Tribe with respect to such action alleges that--

        (A) after the construction of the Grand Coulee Dam, the United States has used land located in the Colville Reservation in connection with the generation of electric power;

        (B) the United States will continue to use such land during such time as the Grand Coulee Dam produces power; and

        (C) the United States has promised to pay the Tribe for the use referred to in subparagraph (A), but has failed to make such payment.

      (5) After years of litigation, the United States has negotiated a Settlement Agreement with the Tribe that was signed by the appropriate officials of the Department of Justice, the Bonneville Power Administration, and the Department of the Interior.

      (6) The Settlement Agreement is contingent on the enactment of enabling legislation to approve and ratify the Settlement Agreement.

      (7) Upon the enactment of this Act, the Settlement Agreement will--

        (A) provide mutually agreeable compensation for the past use (as determined under such Agreement) of land of the Colville Reservation in connection with the generation of electric power at Grand Coulee Dam;

        (B) establish a method to ensure that the Tribe will be compensated for future use (as determined under such Agreement) of land of the Colville Reservation in the generation of electric power at Grand Coulee Dam; [Struck out->] and approved; [<-Struck out] and

        (C) settle the claims of the Tribe against the United States brought under the Indian Claims Commission Act.

    (b) PURPOSES- The purposes of this Act are as follows:

      (1) To approve and ratify the Settlement Agreement entered into by the United States and the Tribe.

      (2) To direct the Bonneville Power Administration to carry out the obligations of the Bonneville Power Administration under the Settlement Agreement.

SEC. 4. APPROVAL, RATIFICATION AND IMPLEMENTATION OF SETTLEMENT AGREEMENT.

    (a) IN GENERAL- The Settlement Agreement is hereby approved and ratified.

    (b) DUTIES OF THE BONNEVILLE POWER ADMINISTRATION- The Bonneville Power Administration shall--

      (1) on an annual basis, make payments to the Tribe in a manner consistent with the Settlement Agreement; and

      (2) carry out any other obligation of the Bonneville Power Administration under the Settlement Agreement.

    (c) IMPLEMENTATION OF SETTLEMENT AGREEMENT-

      (1) IN GENERAL- In a manner 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 [Struck out->] of Colville Reservation [<-Struck out] v. United States, for the entry of a compromise final judgment in the amount of $53,000,000.00.

      (2) REQUIREMENTS FOR PAYMENT- The United States shall pay the amount specified in paragraph (1) from funds appropriated pursuant to section 1304 of title 31, United States Code. The amount paid as a judgment may not be [Struck out->] not [<-Struck out] reimbursed by the Bonneville Power Administration.

SEC. 5. DISTRIBUTION OF THE SETTLEMENT FUNDS.

    (a) LUMP SUM PAYMENT- The payment made under section 4(c)(1) (including any interest that accrues on the payment) shall be deposited by the Secretary of the Treasury in a trust fund established for the Tribe pursuant to Public Law 93-134 (25 U.S.C. 1401 et seq.) for use by the tribal governing body of the Confederated Tribes of the Colville Reservation, pursuant to a distribution 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), except that--

      (1) under the distribution plan developed pursuant to this subsection any payment to be made to a minor shall be held by the United States in trust for the minor until the later of--

        (A) the date the minor attains the age of 18; or

        (B) the date of graduation of the secondary school class with respect to which the minor is scheduled to be a member; and

      (2) the Secretary may, pursuant to regulations prescribed by the Secretary relating to the administration of the Bureau of Indian Affairs, authorize the emergency use of trust funds for the benefit of a minor.

    (b) ANNUAL PAYMENTS- In addition to the lump sum payment described in subsection (a), the appropriate official of the Federal Government shall make annual payments directly to the Tribe in accordance with the Settlement Agreement. The Tribe may use any amount received as an annual payment under this subsection in the same manner as the Tribe may use any other income received by the Tribe from the lease or sale of natural resources.

SEC. 6. REPAYMENT CREDIT.

    (a) IN GENERAL- Beginning with fiscal year 2000, and ending at the end of the last fiscal year during which the Tribe receives an annual payment pursuant to the Settlement Agreement, the Administrator shall deduct from the interest payable to the Secretary of the Treasury from net proceeds (as defined in section 13(b) of the Federal Columbia River Transmission System Act (16 U.S.C. 838(b)) an amount equal to 26 percent of the payment made to the Tribe for the immediately preceding fiscal year.

    (b) CREDIT OF INTEREST-

      (1) IN GENERAL- Each deduction made under this section shall--

        (A) be credited to the amount of interest payments that would otherwise be payable by the Administrator to the Secretary of the Treasury during the fiscal year in which the deduction is made; and

        (B) be allocated on a pro rata basis to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are payable during the fiscal year specified in subparagraph (A).

      (2) SPECIAL ALLOCATION RULE- If, for any fiscal year a deduction calculated pursuant to [Struck out->] paragraph (1) [<-Struck out] subsection (a) would be greater than the amount of interest due on debt associated with the generation function described in paragraph (1)(B) for such fiscal year, the amount by which the deduction exceeds the interest due on debt associated with the generation function shall be allocated on a pro rata basis as a credit [Struck out->] for [<-Struck out] to the payment of any other interest that is payable by the Administrator [Struck out->] by [<-Struck out] to the Secretary of the Treasury for such fiscal year.

SEC. 7. MISCELLANEOUS PROVISIONS.

    (a) LIENS AND FORFEITURES- Funds paid or deposited to the credit of the Tribe pursuant to the Settlement Agreement or this Act, any interest or investment income earned or received on such funds, any payment authorized by the Tribe or the Secretary of the Interior to be made from such funds to members of the Tribe, and any interest or investment income earned on any such payment earned or received and deposited in a trust pursuant to this section for a member of the Tribe, may not be subject to any levy, execution, forfeiture, garnishment, lien, encumbrance, seizure, or taxation by [Struck out->] the Federal Government or [<-Struck out] a State or political subdivision of a State.

    (b) ELIGIBILITY FOR FEDERAL AND FEDERALLY FUNDED PROGRAMS- None of the funds described in subsection (a) may be treated as income or resources or otherwise used as the basis for denying or reducing the financial assistance or other benefits to which the Tribe, a member of the Tribe, or a household of the Tribe would otherwise be entitled under the Social Security Act (42 U.S.C. 301 et seq.) or any program of the Federal Government or program that receives assistance from the Federal Government.

    (c) TRUST RESPONSIBILITY- This Act and the Settlement Agreement may not be construed to affect the trust responsibility of the United States to the Tribe or to any of the members of the Tribe.