[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1604 Enrolled Bill (ENR)]

        H.R.1604

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
To provide for the division, use, and distribution of judgment funds of 
the Ottawa and Chippewa Indians of Michigan pursuant to dockets numbered 
      18-E, 58, 364, and 18-R before the Indian Claims Commission.

    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 ``Michigan Indian Land Claims 
Settlement Act''.

   TITLE I--DIVISION, USE, AND DISTRIBUTION OF JUDGMENT FUNDS OF THE 
                OTTAWA AND CHIPPEWA INDIANS OF MICHIGAN

SEC. 101. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:
Sec. 1. Short title.

TITLE I--DIVISION, USE, AND DISTRIBUTION OF JUDGMENT FUNDS OF THE OTTAWA 
                    AND CHIPPEWA INDIANS OF MICHIGAN

Sec. 101. Table of contents.
Sec. 102. Findings; purpose.
Sec. 103. Definitions.
Sec. 104. Division of funds.
Sec. 105. Development of tribal plans for use or distribution of funds.
Sec. 106. Preparation of judgment distribution roll of descendants.
Sec. 107. Plan for use and distribution of Bay Mills Indian Community 
          funds.
Sec. 108. Plan for use of Sault Ste. Marie Tribe of Chippewa Indians of 
          Michigan funds.
Sec. 109. Plan for use of Grand Traverse Band of Ottawa and Chippewa 
          Indians of Michigan funds.
Sec. 110. Payment to newly recognized or reaffirmed tribes.
Sec. 111. Treatment of funds in relation to other laws.
Sec. 112. Treaties not affected.

   TITLE II--LIMITATION ON HEALTH CARE CONTRACTS AND COMPACTS FOR THE 
                        KETCHIKAN GATEWAY BOROUGH

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Limitation.

SEC. 102. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
        (1) Judgments were rendered in the Indian Claims Commission in 
    dockets numbered 18-E, 58, and 364 in favor of the Ottawa and 
    Chippewa Indians of Michigan and in docket numbered 18-R in favor 
    of the Sault Ste. Marie Band of Chippewa Indians.
        (2) The funds Congress appropriated to pay these judgments have 
    been held by the Department of the Interior for the beneficiaries 
    pending a division of the funds among the beneficiaries in a manner 
    acceptable to the tribes and descendency group and pending 
    development of plans for the use and distribution of the respective 
    tribes' share.
        (3) The 1836 treaty negotiations show that the United States 
    concluded negotiations with the Chippewa concerning the cession of 
    the upper peninsula and with the Ottawa with respect to the lower 
    peninsula.
        (4) A number of sites in both areas were used by both the 
    Ottawa and Chippewa Indians. The Ottawa and Chippewa Indians were 
    intermarried and there were villages composed of members of both 
    tribes.
    (b) Purpose.--It is the purpose of this title to provide for the 
fair and equitable division of the judgment funds among the 
beneficiaries and to provide the opportunity for the tribes to develop 
plans for the use or distribution of their share of the funds.

SEC. 103. DEFINITIONS.

    For purposes of this title the following definitions apply:
        (1) The term ``judgment funds'' means funds appropriated in 
    full satisfaction of judgments made in the Indian Claims 
    Commission--
            (A) reduced by an amount for attorneys fees and litigation 
        expenses; and
            (B) increased by the amount of any interest accrued with 
        respect to such funds.
        (2) The term ``dockets 18-E and 58 judgment funds'' means 
    judgment funds awarded in dockets numbered 18-E and 58 in favor of 
    the Ottawa and Chippewa Indians of Michigan.
        (3) The term ``docket 364 judgment funds'' means the judgment 
    funds awarded in docket numbered 364 in favor of the Ottawa and 
    Chippewa Indians of Michigan.
        (4) The term ``docket 18-R judgment funds'' means the judgment 
    funds awarded in docket numbered 18-R in favor of the Sault Ste. 
    Marie Band of Chippewa Indians.
        (5) The term ``judgment distribution roll of descendants'' 
    means the roll prepared pursuant to section 106.
        (6) The term ``Secretary'' means the Secretary of the Interior.

SEC. 104. DIVISION OF FUNDS.

    (a) Docket 18-E and 58 Judgment Funds.--The Secretary shall divide 
the docket 18-E and 58 judgment funds as follows:
        (1) The lesser of 13.5 percent and $9,253,104.47, and 
    additional funds as described in this section, for newly recognized 
    or reaffirmed tribes described in section 110 and eligible 
    individuals on the judgment distribution roll of descendants.
        (2) 34.6 percent to the Sault Ste. Marie Tribe of Chippewa 
    Indians of Michigan and the Bay Mills Indian Community, of which--
            (A) the lesser of 35 percent of the principal and interest 
        as of December 31, 1996, and $8,313,877 shall be for the Bay 
        Mills Indian Community; and
            (B) the remaining amount (less $161,723.89 which shall be 
        added to the funds described in paragraph (1)) shall be for the 
        Sault Ste. Marie Tribe of Chippewa Indians of Michigan.
        (3) 17.3 percent (less $161,723.89 which shall be added to the 
    funds described in paragraph (1)) to the Grand Traverse Band of 
    Ottawa and Chippewa Indians of Michigan.
        (4) 17.3 percent (less $161,723.89 which shall be added to the 
    funds described in paragraph (1)) to the Little Traverse Bay Bands 
    of Odawa Indians of Michigan.
        (5) 17.3 percent (less $161,723.89 which shall be added to the 
    funds described in paragraph (1)) to the Little River Band of 
    Ottawa Indians of Michigan.
        (6) Any funds remaining after distribution pursuant to 
    paragraphs (1) through (5) shall be divided and distributed to each 
    of the recognized tribes listed in this subsection in an amount 
    which bears the same ratio to the amount so divided and distributed 
    as the distribution of judgment funds pursuant to each of 
    paragraphs (2) through (5) bears to the total distribution under 
    all such paragraphs.
    (b) Docket 364 Judgment Funds.--The Secretary shall divide the 
docket 364 judgment funds as follows:
        (1) The lesser of 20 percent and $28,026.79 for newly 
    recognized or reaffirmed tribes described in section 110 and 
    eligible individuals on the judgment distribution roll of 
    descendants.
        (2) 32 percent to the Sault Ste. Marie Tribe of Chippewa 
    Indians of Michigan and the Bay Mills Indian Community, of which--
            (A) 35 percent shall be for the Bay Mills Indian Community; 
        and
            (B) the remaining amount shall be for the Sault Ste. Marie 
        Tribe of Chippewa Indians of Michigan.
        (3) 16 percent to the Grand Traverse Band of Ottawa and 
    Chippewa Indians of Michigan.
        (4) 16 percent to the Little Traverse Bay Bands of Odawa 
    Indians of Michigan.
        (5) 16 percent to the Little River Band of Ottawa Indians of 
    Michigan.
        (6) Any funds remaining after distribution pursuant to 
    paragraphs (1) through (5) shall be divided and distributed to each 
    of the recognized tribes listed in this subsection in an amount 
    which bears the same ratio to the amount so divided and distributed 
    as the distribution of judgment funds pursuant to each of 
    paragraphs (2) through (5) bears to the total distribution under 
    all such paragraphs.
    (c) Docket 18-R Judgment Funds.--The Secretary shall divide the 
docket 18-R judgment funds as follows:
        (1) 65 percent to the Sault Ste. Marie Tribe of Chippewa 
    Indians of Michigan.
        (2) 35 percent to the Bay Mills Indian Community.
    (d) Amounts for Newly Recognized or Reaffirmed Tribes or 
Individuals on the Judgment Distribution Roll of Descendants Held in 
Trust.--Pending distribution under this title to newly recognized or 
reaffirmed tribes described in section 110 or individuals on the 
judgment distribution roll of descendants, the Secretary shall hold 
amounts referred to in subsections (a)(1) and (b)(1) in trust.

SEC. 105. DEVELOPMENT OF TRIBAL PLANS FOR USE OR DISTRIBUTION OF FUNDS.

    (a) Disbursement of Funds.--(1) Except as provided in paragraphs 
(2), (3), and (4), the Secretary shall disburse each tribe's respective 
share of the judgment funds described in subsections (a), (b), and (c) 
of section 104 not later than 30 days after a plan for use and 
distribution of such funds has been approved in accordance with this 
section. Disbursement of a tribe's share shall not be dependent upon 
approval of any other tribe's plan.
    (2) Section 107 shall be the plan for use and distribution of the 
judgment funds described in subsections (a)(2)(A), (b)(2)(A), and 
(c)(2) of section 104. Such plan shall be approved upon the enactment 
of this Act and such funds shall be distributed by the Secretary to the 
Bay Mills Indian Community not later than 90 days after the date of the 
enactment of this Act to be used and distributed in accordance with 
section 107.
    (3) Section 108 shall be the plan for use and distribution of the 
judgment funds described in subsections (a)(2)(B), (b)(2)(B), and 
(c)(1) of section 104. Such plan shall be approved upon the enactment 
of this Act and such funds shall be distributed by the Secretary to the 
Sault Ste. Marie Tribe of Chippewa Indians of Michigan not later than 
90 days after the date of the enactment of this Act to be used and 
distributed in accordance with section 108.
    (4) Section 109 shall be the plan for use and distribution of the 
judgment funds described in subsections (a)(3) and (b)(3) of section 
104. Such plan shall be approved upon the enactment of this Act and 
such funds shall be distributed by the Secretary to the Grand Traverse 
Band of Ottawa and Chippewa Indians of Michigan, not later than 90 days 
after the date of the enactment of this Act to be used and distributed 
in accordance with section 109.
    (b) Approval or Comment of Secretary.--(1) Except as otherwise 
provided in this title, each tribe shall develop a plan for the use and 
distribution of its respective share of the judgment funds. The tribe 
shall hold a hearing or general membership meeting on its proposed 
plan. The tribe shall submit to the Secretary its plan together with an 
accompanying resolution of its governing body accepting such plan, a 
transcript of its hearings or meetings in which the plan was discussed 
with its general membership, any documents circulated or made available 
to the membership on the proposed plan, and comments from its 
membership received on the proposed plan.
    (2) Not later than 90 days after a tribe makes its submission under 
paragraph (1), the Secretary shall--
        (A) if the plan complies with the provisions of section 3(b) of 
    the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
    1403(b)), approve the plan; or
        (B) if the plan does not comply with the provisions of section 
    3(b) of the Indian Tribal Judgment Funds Use or Distribution Act 
    (25 U.S.C. 1403(b)), return the plan to the tribe with comments 
    advising the tribe why the plan does not comply with such 
    provisions.
    (c) Response by Tribe.--The tribe shall have 60 days after receipt 
of comments under subsection (b)(2), or other time as the tribe and the 
Secretary agree upon, in which to respond to such comments and make 
such response by submitting a revised plan to the Secretary.
    (d) Submission to Congress.--(1) The Secretary shall, within 45 
days after receiving the governing body's comments under subsection 
(c), submit a plan to Congress in accordance with the provisions of 
section 3(b) of the Indian Tribal Judgment Funds Use or Distribution 
Act (25 U.S.C. 1403(b)). If the tribe does not submit a response 
pursuant to subsection (c), the Secretary shall, not later than 45 days 
after the end of the response time for such a response, submit a plan 
to Congress in accordance with the provisions of section 3(b) of the 
Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
1403(b)).
    (2) If a tribe does not submit a plan to the Secretary within 8 
years of the date of enactment of this Act, the Secretary shall approve 
a plan which complies with the provisions of section 3(b) of the Indian 
Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1403(b)).
    (e) Governing Law After Approval by Secretary.--Once approved by 
the Secretary under this title, the effective date of the plan and 
other requisite action, if any, is determined by the provisions of 
section 5 of the Indian Tribal Judgment Funds Use or Distribution Act 
(25 U.S.C. 1405).
    (f) Hearings Not Required.--Notwithstanding section 3 and section 4 
of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
1403 and 25 U.S.C. 1404), the Secretary shall not be required to hold 
hearings or submit transcripts of any hearings held previously 
concerning the Indian judgments which are related to the judgment 
funds. The Secretary's submission of the plan pursuant to this title 
shall comply with section 4 of the Indian Tribal Judgment Funds Use or 
Distribution Act (25 U.S.C. 1404).

SEC. 106. PREPARATION OF JUDGMENT DISTRIBUTION ROLL OF DESCENDANTS.

    (a) Preparation.--
        (1) In general.--The Secretary shall prepare, in accordance 
    with parts 61 and 62 of title 25, Code of Federal Regulations, a 
    judgment distribution roll of all citizens of the United States 
    who--
            (A) were born on or before the date of enactment of this 
        Act;
            (B) were living on the date of the enactment of this Act;
            (C) are of at least one-quarter Michigan Ottawa or Chippewa 
        Indian blood, or a combination thereof;
            (D) are not members of the tribal organizations listed in 
        section 104;
            (E) are lineal descendants of the Michigan Ottawa or 
        Chippewa bands or tribes that were parties to either the 1820 
        treaty (7 Stat. 207), the 1836 treaty (7 Stat. 491), or the 
        1855 treaty (11 Stat. 621);
            (F) are lineal descendants of at least one of the groups 
        described in subsection (d); and
            (G) are not described in subsection (e).
        (2) Time limitations.--The judgment distribution roll of 
    descendants prepared pursuant to paragraph (1)--
            (A) shall not be approved before 8 years after the date of 
        the enactment of this Act or a final determination has been 
        made regarding each petition filed pursuant to section 110, 
        whichever is earlier; and
            (B) shall be approved not later than 9 years after the date 
        of the enactment of this Act.
    (b) Applications.--Applications for inclusion on the judgment 
distribution roll of descendants must be filed with the superintendent, 
Michigan agency, Bureau of Indian Affairs, Sault Ste. Marie, Michigan, 
not later than 1 year after the date of enactment of this Act.
    (c) Appeals.--Appeals arising under this section shall be handled 
in accordance with parts 61 and 62 of title 25, Code of Federal 
Regulations.
    (d) Groups.--The groups referred to in subsection (a)(1)(F) are 
Chippewa or Ottawa tribe or bands of--
        (1) Grand River, Traverse, Grand Traverse, Little Traverse, 
    Maskigo, or L'Arbre Croche, Cheboigan, Sault Ste. Marie, 
    Michilmackinac; and
        (2) any subdivisions of any groups referred to in paragraph 
    (1).
    (e) Ineligible Individuals.--An individual is not eligible under 
this section, if that individual--
        (1) received benefits pursuant to the Secretarial Plan 
    effective July 17, 1983, for the use and distribution of Potawatomi 
    judgment funds;
        (2) received benefits pursuant to the Secretarial Plan 
    effective November 12, 1977, for the use and distribution of 
    Saginaw Chippewa judgment funds;
        (3) is a member of the Keweenaw Bay Chippewa Indian Community 
    of Michigan on the date of the enactment of this Act;
        (4) is a member of the Lac Vieux Desert Band of Lake Superior 
    Chippewa Indians on the date of the enactment of this Act; or
        (5) is a member of a tribe whose membership is predominantly 
    Potawatomi.
    (f) Use of Horace B. Durant Roll.--In preparing the judgment 
distribution roll of descendants under this section, the Secretary 
shall refer to the Horace B. Durant Roll, approved February 18, 1910, 
of the Ottawa and Chippewa Tribe of Michigan, as qualified and 
corrected by other rolls and records acceptable to the Secretary, 
including the Durant Field Notes of 1908-1909 and the Annuity Payroll 
of the Ottawa and Chippewa Tribe of Michigan approved May 17, 1910. The 
Secretary may employ the services of the descendant group enrollment 
review committees.
    (g) Payment of Funds.--Subject to section 110, not later than 90 
days after the approval by the Secretary of the judgment distribution 
roll of descendants prepared pursuant to this section, the Secretary 
shall distribute per capita the funds described in subsections (a)(1) 
and (b)(1) of section 104 to the individuals listed on that judgment 
distribution roll of descendants. Payment under this section--
        (1) to which a living, competent adult is entitled under this 
    title shall be paid directly to that adult;
        (2) to which a deceased individual is entitled under this title 
    shall be paid to that individual's heirs and legatees upon 
    determination of such heirs and legatees in accordance with 
    regulations prescribed by the Secretary; and
        (3) to which a legally incompetent individual or an individual 
    under 18 years of age is entitled under this title shall be paid in 
    accordance with such procedures (including the establishment of 
    trusts) as the Secretary determines to be necessary to protect and 
    preserve the interests of that individual.

SEC. 107. PLAN FOR USE AND DISTRIBUTION OF BAY MILLS INDIAN COMMUNITY 
              FUNDS.

    (a) Tribal Land Trust.--(1) The Executive Council of the Bay Mills 
Indian Community shall establish a nonexpendable trust to be known as 
the ``Land Trust''. Not later than 60 days after receipt of the funds 
distributed to the Bay Mills Indian Community pursuant to this title, 
the Executive Council of the Bay Mills Indian Community shall deposit 
20 percent of the share of the Bay Mills Indian Community into the Land 
Trust.
    (2) The Executive Council shall be the trustee of the Land Trust 
and shall administer the Land Trust in accordance with this section. 
The Executive Council may retain or hire a professional trust manager 
and may pay the prevailing market rate for such services. Such payment 
for services shall be made from the current income accounts of the 
trust and charged against earnings of the current fiscal year.
    (3) The earnings generated by the Land Trust shall be used 
exclusively for improvements on tribal land or the consolidation and 
enhancement of tribal landholdings through purchase or exchange. Any 
land acquired with funds from the Land Trust shall be held as Indian 
lands are held.
    (4) The principal of the Land Trust shall not be expended for any 
purpose, including but not limited to, per capita payment to members of 
the Bay Mills Indian Community.
    (5) The Land Trust shall be maintained as a separate account, which 
shall be audited at least once during each fiscal year by an 
independent certified public accountant who shall prepare a report on 
the results of such audit. Such report shall be a public document, and 
shall be available for inspection by any member of the Bay Mills Indian 
Community.
    (6) Notwithstanding any other provision of law, the approval of the 
Secretary of any payment from the Land Trust shall not be required and 
the Secretary shall have no trust responsibility for the investment, 
supervision, administration, or expenditure of funds from the Land 
Trust.
    (b) Land Claims Distribution Trust.--(1) The Executive Council of 
the Bay Mills Indian Community shall establish a nonexpendable trust to 
be known as the ``Land Claims Distribution Trust Fund''. Not later than 
60 days after receipt of the funds distributed to the Bay Mills Indian 
Community pursuant to this title, the Executive Council of the Bay 
Mills Indian Community shall deposit into the Land Claims Distribution 
Trust Fund the principal funds which shall consist of--
        (A) amounts remaining of the funds distributed to the Bay Mills 
    Indian Community after distribution pursuant to subsections (a) and 
    (c);
        (B) 10 percent of the annual earnings generated by the Land 
    Claims Distribution Trust Fund; and
        (C) such other funds which the Executive Council chooses to add 
    to the Land Claims Distribution Trust Fund.
    (2) The Executive Council shall be the trustee of the Land Claims 
Distribution Trust Fund and shall administer the Land Claims 
Distribution Trust Fund in accordance with this section. The Executive 
Council may retain or hire a professional trust manager and may pay for 
said services the prevailing market rate. Such payment for services 
shall be made from the current income accounts of the trust and charged 
against earnings of the current fiscal year.
    (3) 90 percent of the annual earnings of the Land Claims 
Distribution Trust Fund shall be distributed on October 1 of each year 
after the creation of the trust fund to any person who--
        (A) is enrolled as a member of the Bay Mills Indian Community;
        (B) is at least 55 years of age as of the annual distribution 
    date; and
        (C)(i) has been enrolled as a member of the Bay Mills Indian 
    Community for a minimum of 25 years as of the annual distribution 
    date, or
        (ii) was adopted as a member of the Bay Mills Indian Community 
    on or before June 30, 1996.
    (4) In the event that a member of the Bay Mills Indian Community 
who is eligible for payment under subsection (b)(3), should die after 
preparation of the annual distribution roll and prior to the October 1 
distribution, that individual's share for that year shall be provided 
to the member's heirs at law.
    (5) In the event that a member of the Bay Mills Indian Community 
who is at least 55 years of age and who is eligible for payment under 
subsection (b)(3), shall have a guardian appointed for said individual, 
such payment shall be made to the guardian.
    (6) Under no circumstances shall any part of the principal of the 
Land Claims Distribution Trust Fund be distributed as a per capita 
payment to members of the Bay Mills Indian Community, or used or 
expended for any other purpose by the Executive Council.
    (7) The Land Claims Distribution Trust Fund shall be maintained as 
a separate account, which shall be audited at least once during each 
fiscal year by an independent certified public accountant who shall 
prepare a report on the results of such audit. Such report shall be a 
public document and shall be available for inspection by any member of 
the Bay Mills Indian Community.
    (8) Notwithstanding any other provision of law, the approval of the 
Secretary of any payment from the Land Claims Distribution Trust Fund 
shall not be required and the Secretary shall have no trust 
responsibility for the investment, supervision, administration, or 
expenditure of the Fund.
    (c) Land Claims Initial Payment.--As compensation to the members of 
the Bay Mills Indian Community for the delay in distribution of the 
judgment fund, payment shall be made by the Executive Council within 30 
days of receipt of the Bay Mills Indian Community's share of the 
judgment fund from the Secretary, as follows:
        (1) The sum of $3,000 to each enrolled member of the Bay Mills 
    Indian Community living on the date of enactment of this 
    legislation, who has attained the age of 55 years, but is less than 
    62 years of age, if that individual was adopted into or a member of 
    the Bay Mills Indian Community on or before June 30, 1996.
        (2) The sum of $5,000 to each enrolled member of the Bay Mills 
    Indian Community living on the date of enactment of this 
    legislation, who is at least 62 years of age and less than and 70 
    years of age, if that individual was adopted into or a member of 
    the Bay Mills Indian Community on or before June 30, 1996.
        (3) The sum of $10,000 to each enrolled member of the Bay Mills 
    Indian Community living on the date of enactment of this 
    legislation, who is 70 years of age or older, if that individual 
    was adopted into or a member of the Bay Mills Indian Community on 
    or before June 30, 1996.
    (d) Annual Payments From Land Claims Distribution Trust Fund.--The 
Executive Council shall prepare the annual distribution roll and ensure 
its accuracy prior to August 30 of each year prior to distribution. The 
distribution roll shall identify each member of the Bay Mills Indian 
Community who, on the date of distribution, will have attained the 
minimum age and membership duration required for distribution 
eligibility, as specified in subsection (b)(3). The number of eligible 
persons in each age category defined in this subsection, multiplied by 
the number of shares for which the age category is entitled, added 
together for the 3 categories, shall constitute the total number of 
shares to be distributed each year. On each October 1, the shares shall 
be distributed as follows:
        (1) Each member who is at least 55 years of age and less than 
    62 years of age shall receive 1 share.
        (2) Each member who is between the ages of 62 and 69 years 
    shall receive 2 shares.
        (3) Each member who is 70 years of age or older shall receive 3 
    shares.

SEC. 108. PLAN FOR USE OF SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS OF 
              MICHIGAN FUNDS.

    (a) Self-Sufficiency Fund.--
        (1) The Sault Ste. Marie Tribe of Chippewa Indians of Michigan 
    (referred to in this section as the ``Sault Ste. Marie Tribe''), 
    through its board of directors, shall establish a trust fund for 
    the benefit of the Sault Ste. Marie Tribe which shall be known as 
    the ``Self-Sufficiency Fund''. The principal of the Self-
    Sufficiency Fund shall consist of--
            (A) the Sault Ste. Marie Tribe's share of the judgment 
        funds transferred by the Secretary to the board of directors 
        pursuant to subsection (e);
            (B) such amounts of the interest and other income of the 
        Self-Sufficiency Fund as the board of directors may choose to 
        add to the principal; and
            (C) any other funds that the board of directors of the 
        Sault Ste. Marie Tribe chooses to add to the principal.
        (2) The board of directors shall be the trustee of the Self-
    Sufficiency Fund and shall administer the Fund in accordance with 
    the provisions of this section.
    (b) Use of Principal.--
        (1) The principal of the Self-Sufficiency Fund shall be used 
    exclusively for investments or expenditures which the board of 
    directors determines--
            (A) are reasonably related to--
                (i) economic development beneficial to the tribe; or
                (ii) development of tribal resources;
            (B) are otherwise financially beneficial to the tribe and 
        its members; or
            (C) will consolidate or enhance tribal landholdings.
        (2) At least one-half of the principal of the Self-Sufficiency 
    Fund at any given time shall be invested in investment instruments 
    or funds calculated to produce a reasonable rate of return without 
    undue speculation or risk.
        (3) No portion of the principal of the Self-Sufficiency Fund 
    shall be distributed in the form of per capita payments.
        (4) Any lands acquired using amounts from the Self- Sufficiency 
    Fund shall be held as Indian lands are held.
    (c) Use of Self-Sufficiency Fund Income.--The interest and other 
investment income of the Self-Sufficiency Fund shall be distributed--
        (1) as an addition to the principal of the Fund;
        (2) as a dividend to tribal members;
        (3) as a per capita payment to some group or category of tribal 
    members designated by the board of directors;
        (4) for educational, social welfare, health, cultural, or 
    charitable purposes which benefit the members of the Sault Ste. 
    Marie Tribe; or
        (5) for consolidation or enhancement of tribal lands.
    (d) General Rules and Procedures.--
        (1) The Self-Sufficiency Fund shall be maintained as a separate 
    account.
        (2) The books and records of the Self-Sufficiency Fund shall be 
    audited at least once during each fiscal year by an independent 
    certified public accountant who shall prepare a report on the 
    results of such audit. Such report shall be treated as a public 
    document of the Sault Ste. Marie Tribe and a copy of the report 
    shall be available for inspection by any enrolled member of the 
    Sault Ste. Marie Tribe.
    (e) Transfer of Judgment Funds to Self-Sufficiency Fund.--
        (1) The Secretary shall transfer to the Self-Sufficiency Fund 
    the share of the funds which have been allocated to the Sault Ste. 
    Marie Tribe pursuant to section 104.
        (2) Notwithstanding any other provision of law, after the 
    transfer required by paragraph (1) the approval of the Secretary 
    for any payment or distribution from the principal or income of the 
    Self-Sufficiency Fund shall not be required and the Secretary shall 
    have no trust responsibility for the investment, administration, or 
    expenditure of the principal or income of the Self-Sufficiency 
    Fund.
    (f) Lands Acquired Using Interest or Other Income of the Self-
Sufficiency Fund.--Any lands acquired using amounts from interest or 
other income of the Self-Sufficiency Fund shall be held in trust by the 
Secretary for the benefit of the tribe.

SEC. 109. PLAN FOR USE OF GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA 
              INDIANS OF MICHIGAN FUNDS.

    (a) Land Claims Distribution Trust Fund.--(1) The share of the 
Grand Traverse Band of Ottawa and Chippewa Indians of Michigan 
(hereafter in this section referred to as the ``Band''), as determined 
pursuant to subsections (a)(3) and (b)(3) of section 104, shall be 
deposited by the Secretary in a nonexpendable trust fund to be 
established by the Tribal Council of the Band to be known as the ``Land 
Claims Distribution Trust Fund'' (hereafter in this section referred to 
as the ``Trust Fund'').
    (2) The principal of the Trust Fund shall consist of--
        (A) the funds deposited into the Trust Fund by the Secretary 
    pursuant to this subsection;
        (B) annual earnings of the Trust Fund which shall be retained, 
    and added to the principal; and
        (C) such other funds as may be added to the Trust Fund by 
    action of the Tribal Council of the Band.
    (b) Management of the Trust Fund.--The Tribal Council of the Band 
shall be the trustee of the Trust Fund and shall administer the Fund in 
accordance with this section. In carrying out this responsibility, the 
Tribal Council may retain or hire a professional trust manager and may 
pay the prevailing market rate for such services. Such payment for 
services shall be made from the current income accounts of the Trust 
Fund and charged against the earnings of the fiscal year in which the 
payment becomes due.
    (c) Trust Fund as Loan Collateral.--(1) The Trust Fund shall be 
used by the Band as collateral to secure a bank loan equal to 80 
percent of the principal of the Trust Fund at the lowest interest rate 
then available. Such loan shall be used by the Band to make a one-time 
per capita payment to all eligible members.
    (2) The loan secured pursuant to this subsection shall be amortized 
by the earnings of the Trust Fund. The Tribal Council of the Band shall 
have the authority to invest the principal of the Trust Fund on market 
risk principles that will ensure adequate payments of the debt 
obligation while at the same time protecting the principal.
    (d) Elders' Land Claim Distribution Trust Fund.--(1) Upon the 
retirement of the loan obtained pursuant to subsection (c), the Tribal 
Council shall establish the Grand Traverse Band Elders' Land Claims 
Distribution Trust Fund (hereafter in this section referred to as the 
``Elders' Trust Fund''). There shall be deposited into the Elders' 
Trust Fund the principal and all accrued earnings that are in the Land 
Claims Distribution Trust Fund on the date of retirement of such loan.
    (2) Upon establishment of the Elders' Trust Fund, the Tribal 
Council of the Band shall make a one-time payment to any person who is 
living on the date of the establishment of the Elders' Trust Fund, and 
who was an enrolled member of the Band for at least 2 years prior to 
the date of the enactment of this Act as follows:
        (A) $500 for each member who has attained the age of 55 years, 
    but is less than 62 years of age.
        (B) $1,000 for each member who has attained the age of 62 
    years, but is less than 70 years of age.
        (C) $2,500 for each member who is 70 years of age or older.
    (3) After distribution pursuant to paragraph (2), the net annual 
earnings of the Elders' Trust Fund shall be distributed as follows:
        (A) 90 percent shall be distributed on October 1 of each year 
    after the creation of the Elder's Trust Fund to all living enrolled 
    members of the Band who have attained the age of 55 years upon such 
    date, and who shall have been an enrolled member of the Band for 
    not less than 2 years upon such date.
        (B) 10 percent shall be added to the principal of the Elders' 
    Trust Fund.
    (4) Distribution pursuant to paragraph (3)(A) shall be as follows:
        (A) One share for each person on the current annual Elders' 
    roll who has attained the age of 55 years, but is less than 62 
    years of age.
        (B) Two shares for each person who has attained the age of 62 
    years, but is less than 70 years of age.
        (C) Three shares for each person who is 70 years of age or 
    older.
    (5) None of the funds in the Elders' Trust Fund shall be 
distributed or expended for any purpose other than as provided in this 
subsection.
    (6) The Elders' Trust Fund shall be maintained as a separate 
account, which shall be audited at least once during each fiscal year 
by an independent certified public accountant who shall prepare a 
report on the results of such audit. Such report shall be reasonably 
available for inspection by the members of the Band.
    (7) The Tribal Council of the Band shall prepare an annual Elders' 
distribution roll and ensure its accuracy prior to August 30 of each 
year. The roll shall identify each member of the Band who has attained 
the minimum age and membership duration required for distribution 
eligibility pursuant to paragraph (3)(A).
    (e) General Provisions.--(1) In the event that a tribal member 
eligible for a payment under this section shall die after preparation 
of the annual distribution roll, but prior to the distribution date, 
such payment shall be paid to the estate of such member.
    (2) In any case where a legal guardian has been appointed for a 
person eligible for a payment under this section, payment of that 
person's share shall be made to such guardian.
    (f) No Secretarial Responsibilities for Trust Fund.--The Secretary 
shall have no trust responsibility for the investment, supervision, 
administration, or expenditure of the Land Claims Distribution Trust 
Fund or the Elders' Trust Fund.

SEC. 110. PAYMENT TO NEWLY RECOGNIZED OR REAFFIRMED TRIBES.

    (a) Eligibility.--In order to be eligible for tribal funds under 
this Act, a tribe that is not federally recognized or reaffirmed on the 
date of the enactment of this Act--
        (1) must be a signatory to either the 1836 treaty (7 Stat. 491) 
    or the 1855 treaty (11 Stat. 621);
        (2) must have a membership that is predominantly Chippewa and 
    Ottawa;
        (3) shall not later than 6 months after the date of the 
    enactment of this Act, submit to the Bureau of Indian Affairs a 
    letter of intent for Federal recognition if such a letter is not on 
    file with the Bureau of Indian Affairs; and
        (4) shall not later than 3 years after the date of the 
    enactment of this Act, submit to the Bureau of Indian Affairs a 
    documented petition for Federal recognition if such a petition is 
    not on file with the Bureau of Indian Affairs.
    (b) Distribution of Funds Allotted for Newly Recognized or 
Reaffirmed Tribes.--Not later than 90 days after a tribe that has 
submitted a timely petition pursuant to subsection (a) is federally 
recognized or reaffirmed, the Secretary shall segregate and hold in 
trust for such tribe, its respective share of the funds described in 
sections 104(a)(1) and (b)(1), $3,000,000 plus 30 percent of any income 
earned on the funds described in section 104(a)(1) and (b)(1) up to the 
date of such distribution.
    (c) Distribution of Funds Allotted for Certain Individuals.--If, 
after the date of the enactment of this Act and before approval by the 
Secretary of the judgment distribution roll of descendants, Congress or 
the Secretary recognizes a tribe which has as a member an individual 
that is listed on the judgment distribution roll of descendants as 
approved pursuant to section 106, the Secretary shall, not later than 
90 days after the approval of such judgment distribution roll of 
descendants, remove that individual's name from the descendants roll 
and reallocate the funds allotted for that individual to the fund 
established for such newly recognized or reaffirmed tribe.
    (d) Funds Subject to Plan.--Funds held in trust for a newly 
recognized or reaffirmed tribe shall be subject to plans that are 
approved in accordance with this title.
    (e) Determination of Membership in Newly Recognized or Reaffirmed 
Tribe.--
        (1) Submission of membership roll.--For purposes of this 
    section--
            (A) if the tribe is acknowledged by the Secretary under 
        part 83 of title 25, Code of Federal Regulations, the Secretary 
        shall use the tribe's most recent membership list provided 
        under such part;
            (B) unless otherwise provided by the statutes which 
        recognizes the tribe, if Congress recognizes a tribe, the 
        Secretary shall use the most recent membership list provided to 
        Congress. If no membership list is provided to Congress, the 
        Secretary shall use the most recent membership list provided 
        with the tribe's petition for acknowledgment under part 83 of 
        title 25, Code of Federal Regulations. If no such list was 
        provided to Congress or under such part, the newly recognized 
        tribe shall submit a membership list to the Secretary before 
        the judgment distribution roll of descendants is approved or 
        the judgment funds shall be distributed per capita pursuant to 
        section 106;
            (C) a tribe that has submitted a membership roll pursuant 
        to this section may update its membership rolls not later than 
        180 days before distribution pursuant to section 106.
        (2) Failure to submit updated membership roll.--If a membership 
    list was not provided--
            (A) to the Secretary, the Secretary will use the tribe's 
        most recent membership list provided to the Bureau of Indian 
        Affairs in their petition for Federal acknowledgment filed 
        under part 83 of title 25, Code of Federal Regulations, unless 
        otherwise provided in the statute which recognized the tribe;
            (B) to the Bureau of Indian Affairs, the newly recognized 
        or reaffirmed tribe shall submit a membership list before the 
        judgment distribution roll of descendants is approved by the 
        Secretary, unless otherwise provided in the statute which 
        recognized the tribe; and
            (C) before the judgment distribution roll of descendants is 
        approved, the judgment funds shall be distributed per capita 
        pursuant to section 106.

SEC. 111. TREATMENT OF FUNDS IN RELATION TO OTHER LAWS.

    The eligibility for or receipt of distributions under this Act by a 
tribe or individual shall not be considered as income, resources, or 
otherwise when determining the eligibility for or computation of any 
payment or other benefit to such tribe, individual, or household 
under--
        (1) any financial aid program of the United States, including 
    grants and contracts subject to the Indian Self- Determination Act; 
    or
        (2) any other benefit to which such tribe, household, or 
    individual would otherwise be entitled under any Federal or 
    federally assisted program.

SEC. 112. TREATIES NOT AFFECTED.

    No provision of this Act shall be construed to constitute an 
amendment, modification, or interpretation of any treaty to which a 
tribe mentioned in this Act is a party nor to any right secured to such 
a tribe or to any other tribe by any treaty.

  TITLE II--LIMITATION ON HEALTH CARE CONTRACTS AND COMPACTS FOR THE 
                       KETCHIKAN GATEWAY BOROUGH

SEC. 201. FINDINGS.

    Congress finds that--
        (1) the execution of more than 1 contract or compact between an 
    Alaska Native village or regional or village corporation in the 
    Ketchikan Gateway Borough and the Secretary to provide for health 
    care services in an area with a small population leads to 
    duplicative and wasteful administrative costs; and
        (2) incurring the wasteful costs referred to in paragraph (1) 
    leads to decrease in the quality of health care that is provided to 
    Alaska Natives in an affected area.

SEC. 202. DEFINITIONS.

    In this title:
        (1) Alaska native.--The term ``Alaska Native'' has the meaning 
    given the term ``Native'' in section 3(b) of the Alaska Native 
    Claims Settlement Act (43 U.S.C. 1602(b)).
        (2) Alaska native village or regional or village corporation.--
    The term ``Alaska Native village or regional or village 
    corporation'' means an Alaska Native village or regional or village 
    corporation defined in, or established pursuant to the Alaska 
    Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
        (3) Contract; compact.--The terms ``contract'' and ``compact'' 
    mean a self-determination contract and a self- governance compact 
    as these terms are defined in the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 450 et seq.).
        (4) Secretary.--The term ``Secretary'' means the Secretary of 
    Health and Human Services.

SEC. 203. LIMITATION.

    (a) In General.--The Secretary shall take such action as may be 
necessary to ensure that, in considering a renewal of a contract or 
compact, or signing of a new contract or compact for the provision of 
health care services in the Ketchikan Gateway Borough, there will be 
only one contract or compact in effect.
    (b) Consideration.--In any case in which the Secretary, acting 
through the Director of the Indian Health Service, is required to 
select from more than 1 application for a contract or compact described 
in subsection (a), in awarding the contract or compact, the Secretary 
shall take into consideration--
        (1) the ability and experience of the applicant;
        (2) the potential for the applicant to acquire and develop the 
    necessary ability; and
        (3) the potential for growth in the health care needs of the 
    covered borough.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.