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S. 995 — what changed

Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act

From Introduced in Senate to Reported in Senate. 5 added and 5 removed between Introduced in Senate and Reported in Senate.

Sec. 6 Payments by Administrator

removed
(a)
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.
(b)
removed Subsequent payments—
(1)
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.
(2)
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. 7 Treatment after amounts are paid

removed
(a)
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.
(b)
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.
(c)
removed Treatment of funds for certain purposes— The payments of all amounts to the Spokane Business Council and Spokane Tribe under 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).
(d)
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—
(1)
removed constitute Spokane Tribe governmental amounts; and
(2)
removed be subject to an annual tribal government audit.

Sec. 8 Repayment credit

removed
(a)
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))—
(1)
removed in fiscal year 2030, $2,700,000; and
(2)
removed in each subsequent fiscal year in which the Administrator makes a payment under section 6, $2,700,000.
(b)
removed Crediting—
(1)
removed In general— Except as provided in paragraphs (2) and (3), each deduction made under this section for the fiscal year shall be—
(A)
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
(B)
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.
(2)
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.
(3)
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. 9 Extinguishment of claims

removed

removed On the deposit of amounts in the Fund under section 5, 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. 10 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. 65 Payments by Administrator

added
(a)
added 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.
(b)
added Subsequent payments—
(1)
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.
(2)
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.

Sec. 76 Treatment after amounts are paid

added
(a)
added 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.
(b)
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 or 6.
(c)
added 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).
(d)
added 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—
(1)
added constitute Spokane Tribe governmental amounts; and
(2)
added be subject to an annual tribal government audit.

Sec. 87 Repayment credit

added
(a)
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))—
(1)
added in fiscal year 2030, $2,700,000; and
(2)
added in each subsequent fiscal year in which the Administrator makes a payment under section 5 section 6, $2,700,000.
(b)
added Crediting—
(1)
added In general— Except as provided in paragraphs (2) and (3), each deduction made under this section for the fiscal year shall be—
(A)
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
(B)
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.
(2)
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.
(3)
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. 98 Extinguishment of claims

added

added 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

added

added Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration.