[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4208 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4208

 To approve the use or distribution of judgment funds of the Red Lake 
 Band of Chippewa Indians of Minnesota by the Senate and the House of 
                Representatives, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 11, 2002

  Mr. Peterson of Minnesota introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To approve the use or distribution of judgment funds of the Red Lake 
 Band of Chippewa Indians of Minnesota by the Senate and the House of 
                Representatives, and for other purposes.

    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 ``Red Lake Band of Chippewa Indians of 
Minnesota Use or Distribution of Indian Judgment Funds Plan Approval 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On August 2, 1951, the Red Lake Band of Chippewa 
        Indians of Minnesota filed a complaint before the Indian Claims 
        Commission in Red Lake Band of Chippewa Indians v. United 
        States, Docket Nos. 189-A, 189-B, and 189-C, pursuant to the 
        Indian Claims Commission Act (25 U.S.C. 70 et seq.).
            (2) Upon the close of the Indian Claims Commission in 1976, 
        all of the cases then remaining unresolved, included Red Lake 
        Band of Chippewa Indians v. United States, Docket Nos. 189-A, 
        189-B, and 189-C, were transferred to the Court of Claims (now 
        known as the United States Court of Federal Claims).
            (3) The Red Lake Band obtained a settlement in Dockets 189-
        A and 189-B in 1997, for a total of $27,105,000.
            (4) That 1997 settlement was distributed pursuant to the 
        Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
        1401 et seq.), except for $3,780,616.20, which were escrowed in 
        the name of the Red Lake Band at the Office of Trust Funds 
        Management of the Department of the Interior pursuant to an 
        Escrow Agreement dated August 20, 1998.
            (5) The escrowed funds were for the purpose of securing 
        repayment to the United States for certain expert witness loans 
        made by the United States to the Red Lake Band to assist the 
        Band in developing the evidence needed to prosecute its claims 
        in Dockets 189-A, 189-B, and 189-C.
            (6) Pursuant to section 813 of the Omnibus Indian 
        Advancement Act (Public Law 106-568), the balance of such Red 
        Lake Band expert witness loans was canceled, thereby releasing 
        the Red Lake Band from any liability associated with such 
        loans.
            (7) The escrowed funds and the investment income earned 
        thereon are ready for distribution along with other funds 
        secured to the Red Lake Band from the order and judgment 
        entered in its favor by the Court of Federal Claims on January 
        16, 2001, in the amount of $53,500,000 and the investment 
        income earned thereon.
            (8) A use or distribution plan for those funds was approved 
        by the Secretary and submitted to Congress pursuant to the 
        Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
        1401 et seq.) and provides as follows:
                    (A) $40,000,000 shall be disbursed to a permanent 
                trust fund that, consistent with the Settlement 
                Agreement entered into between the Red Lake Band and 
                the United States in Docket 189-C, the Red Lake Band 
                has created pursuant to Tribal Resolution No. 243-2000 
                and Ordinance adopted thereby No. 02-2000, and from 
                which fund some of the interest income will be expended 
                in accordance with a reforestation plan, which is 
                described in the Use or Distribution Plan and which may 
                be amended from time to time as provided in the Use or 
                Distribution Plan.
                    (B) $7,525,657 shall be disbursed to the Red Lake 
                Band for reimbursement to the Band for litigation-
                related fees, costs, and expenses it has incurred in 
                the successful prosecution of the claims in Docket 189-
                C, and $680,578 shall be disbursed to the Red Lake Band 
                for expenses and fees, including legal costs, related 
                to the Band's ongoing land restoration project.
                    (C) The remaining funds, estimated to be 
                $10,422,394.00, together with all investment income 
                earned on the Current Red Lake Judgment Funds through 
                the date of disbursement by the Office of Trust Funds 
                Management, shall be paid out per capita to the members 
                of the Red Lake Band who were born and alive on July 
                31, 2001.
            (9) The Use or Distribution Plan is in the best interests 
        of the Red Lake Band.

 SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Current red lake judgment funds.--The term ``Current 
        Red Lake Judgment Funds'' means the escrowed funds described in 
        section 2(a)(4), together with the judgment amount of January 
        16, 2001, described in section 2(a)(7), along with all interest 
        earned on those amounts while held by the Office of Trust Funds 
        Management.
            (2) Red lake band.--The term ``Red Lake Band'' means the 
        Red Lake Band of Chippewa Indians of Minnesota of the Red Lake 
        Indian Reservation in north central Minnesota.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Use or distribution plan.--The term ``Use or 
        Distribution Plan'' means the use or distribution plan approved 
        by the Secretary and submitted to Congress as described in 
        section 2(8).

SEC. 4. APPROVAL OF SECRETARIAL PLAN

    Congress hereby approves the Use or Distribution Plan.

SEC. 5. PLAN APPROVAL AND AUTHORIZATION FOR IMMEDIATE DISBURSEMENT OF 
              FUNDS.

    The Secretary, through the Office of Trust Funds Management, shall 
immediately disburse the funds identified in this Act as follows:
            (1) $40,000,000 to a permanent trust fund that, consistent 
        with the Settlement Agreement entered into between the Red Lake 
        Band and the United States in Docket 189-C, the Red Lake Band 
        has created pursuant to Tribal Resolution No. 243-2000 and 
        Ordinance adopted thereby No. 02-2000, and from which fund some 
        of the interest income shall be expended in accordance with a 
        reforestation plan, which is described in the Use or 
        Distribution Plan and which may be amended from time to time as 
        provided in the Use or Distribution Plan.
            (2) $7,525,657 to the Red Lake Band for reimbursement to 
        the Band for litigation-related fees, costs, and expenses it 
        has incurred in the successful prosecution of the claims in 
        Docket 189-C and related matters.
            (3) $680,578 to the Red Lake Band for expenses and fees, 
        including legal costs, related to the Band's ongoing land 
        restoration project.
            (4) $10,422,394, and all investment income earned on the 
        Current Red Lake Judgment Funds through the date of 
        disbursement by the Secretary through the Office of Trust Funds 
        Management, per capita to the members of the Red Lake Band who 
        were born and alive on July 31, 2001. Such payments shall be 
        exempt to the extent provided in section 7 of the Indian Tribal 
        Judgment Funds Use or Distribution Act (25 U.S.C. 1407).
                                 <all>