S. 995 — what changed
Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act
From Reported in Senate to Engrossed in Senate. 2 sections amended, 4 added, and 5 removed between Reported in Senate and Engrossed in Senate.
Sec. 4 Definitions
In this Act:
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.
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.
Colville Tribes— The term Colville Tribes means the Confederated Tribes of the Colville Reservation.
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.
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).
removed
Fund— The term Fund means the Spokane Tribe of Indians Recovery Trust Fund established by section 5.
renumbered
was (9)
Secretary— The term Secretary means the Secretary of the Interior.
renumbered
was (10)
Spokane Business Council— The term Spokane Business Council means the governing body of the Spokane Tribe under the constitution of the Spokane Tribe.
renumbered
was (11)
Spokane Tribe— The term Spokane Tribe means the Spokane Tribe of Indians of the Spokane Reservation, Washington.
Sec. 5 Payments by Administrator
changed
Establishment of fund—Initial payment— There is established in the Treasury of On March 1, 2020, the United States a separate account Administrator shall pay to be known as the “Spokane Spokane Tribe an amount equal to 25 percent of Indians Recovery Trust Fund”, consisting of—the Computed Annual Payment for fiscal year 2019.
added
Subsequent payments—
added
In general— Not later than March 1, 2021, and March 1 of each year thereafter through March 1, 2029, the Administrator shall pay the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for the preceding fiscal year.
added
March 1, 2030, and subsequent years— Not later than March 1, 2030, and March 1 of each year thereafter, the Administrator shall pay the Spokane Tribe an amount equal to 32 percent of the Computed Annual Payment for the preceding fiscal year.
removed
amounts deposited in the Fund under subsection (b); and
removed
any interest earned on investment of amounts in the Fund.
removed
Deposits— On October 1 of the first fiscal year after the date of enactment of this Act, the Secretary of the Treasury shall, from the general fund of the Treasury, deposit in the Fund $53,000,000.
removed
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).
removed
Payments to the Spokane Tribe—
removed
In general— At any time after the date on which the Spokane Business Council has adopted a plan described in subsection (e) and after amounts are deposited in the Fund, 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 disbursement.
removed
Payment— Not later than 60 days after the date on which the Secretary receives notice under paragraph (1), the Secretary shall disburse the amounts requested from the Fund to the Spokane Tribe.
removed
Plan—
removed
In general— Not later than 18 months after the date of enactment of this Act, the Spokane Business Council shall prepare a plan that describes the manner in which the Spokane Tribe intends to use amounts received under subsection (d) to promote—
removed
economic development;
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infrastructure development;
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educational, health, recreational, and social welfare objectives of the Spokane Tribe and the members of the Spokane Tribe; or
removed
any combination of the activities described in subparagraphs (A) through (C).
removed
Review and revision—
removed
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 final, in accordance with procedures established by the Spokane Business Council.
removed
Updates— The Spokane Business Council may update the plan on an annual basis, 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 plan.
Sec. 65 Payments by Administrator
removed
removed
Initial payment— On March 1, 2020, the Administrator shall pay to the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for fiscal year 2019.
removed
Subsequent payments—
removed
In general— Not later than March 1, 2021, and March 1 of each year thereafter through March 1, 2029, the Administrator shall pay the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for the preceding fiscal year.
removed
March 1, 2030, and subsequent years— Not later than March 1, 2030, and March 1 of each year thereafter, the Administrator shall pay the Spokane Tribe an amount equal to 32 percent of the Computed Annual Payment for the preceding fiscal year.
Sec. 76 Treatment after amounts are paid
removed
removed
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 Spokane Business Council in the same manner and for the same purposes as other Spokane Tribe governmental amounts.
removed
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 amounts after the date on which the funds are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6.
removed
Treatment of funds for certain purposes— The payments of all amounts to the Spokane Business Council and Spokane Tribe under section 5 sections 5 and 6, and the interest and income generated by those amounts, 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).
removed
Tribal audit— After the date on which amounts are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6, the amounts shall—
removed
constitute Spokane Tribe governmental amounts; and
removed
be subject to an annual tribal government audit.
Sec. 87 Repayment credit
removed
removed
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))—
removed
in fiscal year 2030, $2,700,000; and
removed
in each subsequent fiscal year in which the Administrator makes a payment under section 5 section 6, $2,700,000.
removed
Crediting—
removed
In general— Except as provided in paragraphs (2) and (3), each deduction made under this section for the fiscal year shall be—
removed
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
removed
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.
removed
Deduction greater than amount of interest— If, in an applicable fiscal year under paragraph (1), 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.
removed
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. 98 Extinguishment of claims
removed
removed
On the deposit of amounts in the Fund under section 5On the date that payment under section 5(a) is made to the Spokane Tribe, 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 extinguished.
Sec. 109 Administration
removed
removed
Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration.
Sec. 6 Treatment after amounts are paid
added
added
Use of payments— Payments made to the Spokane Business Council or Spokane Tribe under section 5 may be used or invested by the Spokane Business Council in the same manner and for the same purposes as other Spokane Tribe governmental amounts.
added
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 amounts after the date on which the funds are paid to the Spokane Business Council or Spokane Tribe under section 5.
added
Treatment of funds for certain purposes— The payments of all amounts to the Spokane Business Council and Spokane Tribe under section 5, and the interest and income generated by those amounts, 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).
added
Tribal audit— After the date on which amounts are paid to the Spokane Business Council or Spokane Tribe under section 5, the amounts shall—
added
constitute Spokane Tribe governmental amounts; and
added
be subject to an annual tribal government audit.
Sec. 7 Repayment credit
added
added
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))—
added
in fiscal year 2030, $2,700,000; and
added
in each subsequent fiscal year in which the Administrator makes a payment under section 5, $2,700,000.
added
Crediting—
added
In general— Except as provided in paragraphs (2) and (3), each deduction made under this section for the fiscal year shall be—
added
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
added
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.
added
Deduction greater than amount of interest— If, in an applicable fiscal year under paragraph (1), 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.
added
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. 8 Extinguishment of claims
addedadded On the date that payment under section 5(a) is made to the Spokane Tribe, 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 extinguished.
Sec. 9 Administration
addedadded Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration.