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Bonneville Power Administration
http://www.bpa.gov
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[F]or the purposes of providing funds for conservation and renewable resource loans and grants as specified in the Pacific Northwest Electric Power Planning and Conservation Act (Public Law 96-501), $1,250,000,000 borrowing authority is made available to remain outstanding at any given time: Provided, That the obligation of such additional borrowing authority not exceed $276,000,000 in fiscal year 1983.
[Act of December 21, 1982, Title V, §115, 96 Stat. 1912.]
[F]or continuity of financing the construction program, as well as financing new programs, an additional $1,250,000,000 in borrowing authority is made available, under the Federal Columbia River Transmission System Act [16 U.S.C. 838] to remain outstanding at any given time:
[Act of July 14, 1983, Title III, 97 Stat. 257.]
Sec. 208. no funds appropriated or made available under this or any other Act shall be used by the executive branch for soliciting proposals, preparing or reviewing studies or drafting proposals designed to transfer out of Federal ownership, management or control in marketing administrations located within the contiguous 48 States, and the Tennessee Valley Authority, until such activities have been specifically authorized and in accordance with terms and conditions established by an Act of Congress hereafter enacted: Provided, That this provision shall not apply to the authority granted under section 2(e) of the Bonneville Project Act of 1937; or to the authority of the Tennessee Valley Authority pursuant to any law under which it may transfer the purposes of the Tennessee Valley Authority Act of 1933, as amended; or to the authority of the Administrator of the General Services Administration pursuant to the Federal Property and Administrative Services Act of 1949, as amended, and the Surplus Property Act of 1944 to sell or otherwise dispose of surplus property.
[pub.L. 99-349, Title II, §208, July 2, 1986, 100 Stat. 749.]
§2. For the purposes of this Act:
§2(f). The term 'local industrial consumer' means the owner of the pulp and paper mill located on Ediz Hook in Port Angeles, Washington, that, on the date of enactment of this Act, receives and consumes the electric power produced by the Projects, or its successors or assignees.
[Pub. L. 102-495, §2(f), Oct. 24, 1992, 106 Stat. 3173].
§2(g). The term 'local preference customer' means Port Angeles City Light.
[Pub. L. 102-495, §2(g), Oct. 24, 1992, 106 Stat. 3173].
§2(k). The term 'project replacement power' means electric power delivered to the local industrial consumer to replace losses of electric power generation from the Projects following their acquisition by the Secretary pursuant to this Act, in an amount not to exceed 172.088 gigawatthours of energy in any year.
[Pub. L. 102-495, §2(k), Oct. 24, 1992, 106 Stat. 3173-4].
§5(b). To ensure the availability of adequate electric power supplies to the operating facilities of the local industrial consumer, the Administrator shall, following acquisition of the Projects pursuant to this Act, deliver all project replacement power required by the operating facilities of the local industrial consumer through the local preference customer at a rate equal to the priority firm rate, or the rate which is then the equivalent of the priority firm rate if that designation is no longer used by the Administrator, as such rate is fixed by the Administrator from time to time, without regard to any new large single load determinations or similar factors. The local industrial consumer shall pay the local preference customer for such project replacement power at the same rate as all other industrial consumers of the local preference customer.
[Pub. L. 102-495, §5(b), Oct. 24, 1992, 106 Stat. 3177].
Sec. 1. Short title. This Act may be cited as the "Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act."
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 2. Definitions. For purposes of this act:
Sec. 2(2). The term 'Bonneville Power Administration' means the Bonneville Power Administration of the Department of Energy or any successor Agency, Corporation, or entity that markets powr produced at the Dam.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 2(3). The term 'Dam' means the Grand Coulee Dam operated by the Bureau of Reclamation of the Department of the Interior, the power from which is marketed by the Bonneville Power Administration of the Department of Energy.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 2(4). The term 'Settlement Agreement' means the Settlement Agreement entered into between the United States and the Tribe, signed by the United States on April 21, 1994, and by the Tribe on April 16, 1994, to settle the claims of the Tribe in Docket 181-D of the Indian Claims Commission, which docket has been transferred to the United States Court of Federal Claims.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 2(5). The term 'Tribe' means the Confederated Tribes of the Colville Reservation, a federally recognized Indian tribe.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 3. Findings and purposes.
Sec. 3(a)(1). there is pending before the United States Court of Federal Claims, a suit by the COnfederated Tribes of the Colville Reservation against the United States, inwhich the Tribe seeks to recover damages under the 'Fair and Honorable Dealings' clause of the Indian Claims Commission Act (Act of August 13, 1946, 60 Stat. 1049), and in which, although the matter is in dispute, the potential liability of the United States is substantial;
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 3(a)(2). the claim alleges that the United States has since the construction of Grand Coulee Dam used Colville Reservation land in the generation of electric power, and will continue to use such reservation land for as long as Grand Coulee Dam produces power; and that thee United States has promised and undertaken to pay the Tribe for such use and has not done so;
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 3(a)(3). the United States, after years of litigation, has negotiated a Settlement Agreement with the Tribe, signed by the Department of Justice, the Bonneville Power Administration and the Department of the Interior. The Settlement Agreement is contingent on the enactment of the enabling legislation; and
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 3(a)(4). the Settlement Agreement, approved in this Act, will provide mutually agreeable compensation for the past use of reservation land in connection with the generation of electric power at Grand Coulee Dam, and will establish a method to ensure that the Tribe will be compensated for the future use of reservation land in the generation of electric power at Grand Coulee Dam, and will settle the dlaims of the Tribe against the United States brought under the Indian Claims Commission Act.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 3(b). PURPOSES - It is the purpose of this Act --
Sec. 3(b)(1). to approve and ratify the Settlement Agreement entered into by the United States and the Tribe; and
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 3(b)(2). to direct the Bonneville Power Administration to carry out its obligations under the Settlement Agreement.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 4. Approval, ratification, and implementation of settlement agreement.
Sec. 4(b). ANNUAL PAYMENTS - The Bonneville Power Administration shall make annual payments to the Tribe as set forth in the Settlement Agreement and shall carry out its other obligations under the Settlement Agreement.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 4(c). SETTLEMENT - 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 v. United States, Indian Claims Commission Docket 181-D, for the entry of a compromise final judgment in the amount of $53,000,000. The judgment shall be paid from funds appropriated pursuant to section 1304 of Title 31, United States Code, and is not reimbursable by the Bonneville Power Administration.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 5. Distribution of the settlement funds.
Sec. 5(a). LUMP-SUM PAYMENT - The judgment of $53,000,000, when paid, shall be deposited in the Treasury of the United States and the principal amount and interest on the judgment, shall be credited to the account of the Tribe. These funds may be advanced or expended for any purpose by the tribal governing body of the Confederated Tribes of the Colville Reservation, pursuant to a distribution plan developed by the Tribe and aproved by the Secretary of the Interior pursuant to section 3 of Public Law 93-134 (25 U.S.C. 1403): Provided, That any payment to a minor under the distribution plan shall be held in trust by the United States for the minor until the minor reaches the age of 18, or until the minor's class is scheduled to graduated from high school, whichever is later: Provided further, That emergency use of trust funds may be authorized for the benefit of the minor pursuant to regulations of the Bureau of Indian Affairs.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 5(b). ANNUAL PAYMENTS - In addition to the lump-sum payment, annual payments shall be made directly to the Tribe in accordance with the Settlement Agreement, and may be used in the same manner as any other income received by the tribe from the lease or sale of natural resources.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 6. Credits to Administrator's repayment to the United States Treasury. So long as the Administrator makes annaul payments to the tribes under the settlement agreement, the Administrator shall apply against amounts otherwise payable by the Administrator to the united States Treasury a credit that reduces the Administrator's payment, in the amount and for each discal year as follows: $15,860,000 in fiscal year 1997; $16,490,000 in fiscal year 1998; $17,150,000 in fiscal year 1999; $17,840,000 in fiscal year 2000; $18,550,000 in fiscal year 2001; and $4,600,000 in each succeeding fiscal year.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577, as amended by Pub.L. 104-134, §3201, Apr. 26, 1996, 110 Stat.]
Sec. 7. Miscellaneous provisions.
Sec. 7(a). LIENS AND FORFEITURES, ETC - Funds paid or deposited to the credit of the Tribe pursuant to the Settlement Agreement or this Act, the interest or investment income earned or received on those funds, and any payment authorized by the Tribe or the Secretary of the Interior to be made from those funds to tribal members, and the interest or investment income on those payments earned or received while the payments are held intrust for the member, are not subject to levy, execution, forfeiture, garnishment, lien, encumbrance, seizure, or State or local taxation.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 7(b). ELIGIBILITY FOR FEDERAL AND FEDERALLY FUNDED PROGRAMS - Funds paid or deposited to the credit of the Tribe pursuant to the Settlement Agreement or this Act, the interest or investment income earned or received on such funds, and any payment authorized by the Tribe or the Secretary of teh Interior to be made from those funds to tribal members, and the interest or investment income on those payments earned or received while the payments are held intrust for the member, may not be treated as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefit to which the Tribe, a tribal member, or household would otherwise be entitled under the Social Security Act or any Federal or federally assisted program.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
Sec. 7(c). TRUST RESPONSIBILITY - This Act and the Settlement Agreement do not affect the trust responsibility of the United States and its agencies to the Tribe and the member of the Tribe.
[Pub.L. 103-436, § ___, Nov. 2, 1994, 108 Stat. 4577.]
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