[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1604 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1604

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 1997

Mr. Kildee (for himself, Mr. Hayworth, and Mr. Kennedy of Rhode Island) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 A BILL


 
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. TABLE OF CONTENTS.

Sec. 1. Table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. Division of funds.
Sec. 5. Development of tribal plans for use or distribution of funds.
Sec. 6. Preparation of judgment distribution roll of descendants.
Sec. 7. Plan for use and distribution of bay mills indian community 
                            funds.
Sec. 8. Plan for use of Sault Ste. Marie tribe of Chippewa Indians of 
                            Michigan funds.
Sec. 9. Payment of per capita shares.
Sec. 10. Newly-recognized tribes.
Sec. 11. Treatment of funds for certain purposes.
Sec. 12. Treaties not affected.

SEC. 2. 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 Act 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. 3. DEFINITIONS.

    For purposes of this Act 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 Bands of Chippewa Indians.
            (5) The term ``judgment distribution roll of descendants'' 
        means the roll prepared under section 6.
            (6) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 4. 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 or $9,141,974.94, for 
        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, or $8,313,877 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) 17.3 percent to the Grand Traverse Band of Ottawa and 
        Chippewa Indians of Michigan.
            (4) 17.3 percent to the Little Traverse Bay Bands of Odawa 
        Indians of Michigan.
            (5) 17.3 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 distribution of 
        judgment funds pursuant to paragraphs (1) through (5).
    (b) Docket 364 Judgment Funds.--The Secretary shall divide the 
docket 364 judgment funds as follows:
            (1) The lesser of 20 percent or $25,026.79 for 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 distribution of 
        judgment funds pursuant to paragraphs (1) through (5).
    (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 Judgment Distribution Roll of Descendants Held in 
Trust.--The Secretary shall hold amounts referred to in subsections 
(a)(1) and (b)(1) for individuals on the judgment distribution roll of 
descendants in trust pending distribution under section 6.

SEC. 5. DEVELOPMENT OF TRIBAL PLANS FOR USE OR DISTRIBUTION OF FUNDS.

    (a) Disbursement of Funds.--(1) The Secretary shall disburse the 
respective share of the judgment funds described in section 4 to a 
tribe specified in subsection (b) 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 7 shall be the plan for use and distribution of the 
judgment funds described in section 4(a)(2)(A). 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 7.
    (3) Section 8 shall be the plan for use and distribution of the 
judgment funds described in section 4(a)(2)(B). 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 Band 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 8.
    (b) Eligible Tribes.--The tribes referred to in subsection (a) are 
the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan, the 
Little Traverse Bay Bands of Odawa Indians of Michigan, and the Little 
River Band of Ottawa Indians of Michigan.
    (c) Approval or Comment of Secretary.--Not later than 30 days after 
a tribe submits a plan for the use and distribution of its respective 
share of the judgment funds and a resolution of the governing body of 
the tribe accepting such plan to the Secretary, the Secretary shall--
            (1) if the plan complies with the provisions of section 
        3(b) of Public Law 93-134 (25 U.S.C. 1403(b)), approve the 
        plan; or
            (2) if the plan does not comply with the provisions of 
        section 3(b) of Public Law 93-134 (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.
    (d) Response by Tribe.--The tribe shall have 60 days after receipt 
of comments under subsection (c)(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.
    (e)(1) If the tribe does not submit a response pursuant to 
subsection (d), the Secretary shall, not later than 45 days after the 
end of the response time for such a response, approve a plan which 
complies with the provisions of section 3(b) of Public Law 93-134 (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 Public Law 
93-134 (25 U.S.C. 1403(b)).
    (f) Governing Law After Approval by Secretary.--Once approved by 
the Secretary under this Act, the effective date of the plan and other 
requisite action, if any, is determined by the provisions of section 5 
of Public Law 93-134 (25 U.S.C. 1405).
    (g) Hearings Not Required.--Notwithstanding section 3 and section 4 
of Public Law 93-134 (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 Act shall comply with section 4 of Public Law 93-134 
(25 U.S.C. 1404).

SEC. 6. PREPARATION OF JUDGMENT DISTRIBUTION ROLL OF DESCENDANTS.

    (a) Preparation.--Not later than 9 years after the date of the 
enactment of this Act, the Secretary shall prepare, in accordance with 
part 61 through part 65 of title 25, Code of Federal Regulations, a 
judgment distribution roll of all citizens of the United States who--
            (1) were born on or before the date of enactment of this 
        Act;
            (2) were living on the date of the enactment of this Act;
            (3) are of at least one-quarter Michigan Ottawa or Chippewa 
        Indian blood, or a combination thereof;
            (4) are not members of the tribal organizations listed in 
        section 4;
            (5) are lineal descendants whose Michigan Ottawa or 
        Chippewa ancestry is derived from at least one of the groups 
        described in subsection (d); and
            (6) are not described in subsection (e).
    (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 part 61 through part 65 of title 25, Code of Federal 
Regulations.
    (d) Groups.--The groups referred to in subsection (a)(5) are--
            (1) the Ottawa Bands of Grand River, Traverse, Grand 
        Traverse, Little Traverse, Maskigo, or L'Arbre Croche;
            (2) the Chippewa Bands of Sault Ste. Marie, Michilmackinac, 
        or Cheboigan; and
            (3) any Ottawa or Chippewa subdivisions of any groups 
        referred to in paragraph (1) or (2).
    (e) Ineligible Individuals.--An individual is not eligible under 
this section, if that individual--
            (1) received funds pursuant to the Secretarial Plan 
        effective July 17, 1983, for the use and distribution of 
        Potawatomi judgment funds;
            (2) received funds 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; 
        or
            (4) is a member of the Lac Vieux Desert Band of Lake 
        Superior Chippewa Indians on the date of the enactment of this 
        Act.
    (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.

SEC. 7. 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 Act, 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 annually 
and exclusively for the consolidation and enhancement of tribal 
landholdings through purchase or exchange. Any land so acquired shall 
be held in trust by the United States for the Bay Mills Indian 
Community.
    (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 a 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 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 Act, 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 annul 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 on the date of the enactment of this Act;
            (B) is alive on the date of the enactment of this Act;
            (C) is at least 55 years of age as of the annual 
        distribution date; and
            (D) 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 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 between the ages of 62 and 69 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 has 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. 8. 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 choose 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 the 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; or
                    (B) are otherwise financially beneficial to the 
                tribe and its members.
            (2) At least one-half of the principle 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, 
        unless, for good cause shown by the Sault Ste. Marie Tribe, the 
        Secretary determines that a lesser amount may be invested in 
        that manner.
            (3) No portion of the principal of the Self-Sufficiency 
        Fund shall be distributed in the form of per capita payments.
    (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; or
            (4) for educational, social welfare, health, cultural, or 
        charitable purposes which benefit the members of the Sault Ste. 
        Marie Tribe.
    (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 4.
            (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.

SEC. 9. PAYMENT OF PER CAPITA SHARES.

    Payment of a per capita share of funds--
            (1) to which a living, competent adult is entitled under 
        this Act shall be paid directly to that adult;
            (2) to which a deceased individual is entitled under this 
        Act 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 Act 
        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. 10. NEWLY-RECOGNIZED TRIBES.

    (a) Distribution of Funds Allotted for Members of Newly-Recognized 
Tribes.--If, after the date of the enactment of this Act and before 
approval by the Secretary of the judgment distribution roll of 
descendants prepared pursuant to section 6, Congress or the Secretary 
recognizes a tribe which includes an individual on the judgment 
distribution roll of descendants, the funds allotted for that 
individual shall be held in trust for the newly-recognized tribe in 
accordance with the provisions of this section.
    (b) Funds Subject to Plan.--Funds held in trust pursuant to 
subsection (a) shall be subject to a plan that is approved in 
accordance with this Act.
    (c) Determination of Membership in Newly-Recognized Tribe.--(1) For 
purposes of this section, the Secretary will use a newly-recognized 
tribe's most recent membership list provided to the Secretary.
    (2) 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 
        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 
        under section [6].
    (d) Notification to Individuals.--The Bureau of Indian Affairs 
shall notify any individual that is listed on the newly-recognized 
tribe's membership list and that the funds to which the individual 
would be entitled under this Act will be held in trust for the 
individual's newly-recognized tribe unless, not later than 60 days 
after such notification, the individual informs the Bureau of Indian 
Affairs and the tribe, in writing, that the individual relinquishes 
membership in the newly-recognized tribe.

SEC. 11. TREATMENT OF FUNDS IN RELATION TO OTHER LAWS.

    (a) Public Law 93-134.--All funds distributed pursuant to this Act 
or to any plan approved in accordance with this Act, including interest 
and investment income accrued on such funds before or while such funds 
were or are held in trust, shall be subject to the provisions of 
section 7 of Public Law 93-134.
    (b) Treatment Relating to Federal Assistance.--The eligibility for 
or receipt of distributions under this Act by a tribe or individual 
shall not 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. 12. 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.
                                 <all>