[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5177 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5177
To provide for the use and distribution of the funds awarded to the
Gila River Pima-Maricopa Indian Community under United States Court of
Federal claims Docket Nos. 236-C, 236-D, 236-N, and 228, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2002
Mr. Hayworth introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To provide for the use and distribution of the funds awarded to the
Gila River Pima-Maricopa Indian Community under United States Court of
Federal claims Docket Nos. 236-C, 236-D, 236-N, and 228, 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. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Distribution of judgment funds.
Sec. 104. Definitions.
Sec. 105. General Provisions.
TITLE II--AMENDMENT TO COMMUNITY'S PRIOR JUDGMENT FUND PLANS
Sec. 201. Amendment to plan for use and distribution of funds awarded
in Docket No. 228.
Sec. 202. Amendment to plan for use and distribution of funds awarded
in Docket No. 236-N.
TITLE III--EXPERT ASSISTANCE LOANS
Sec. 301. Waiver of repayment of expert assistance loans to Community,
Oglala Sioux tribe, Pueblo of Santo
Domingo, and Seminole Nation of Oklahoma.
TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION
SEC. 101. SHORT TITLE
This title may be cited as the ``Gila River Indian Community
Judgment Fund Distribution Act of 2002''.
SEC. 102. FINDINGS.
Congress finds the following:
(1) On August 8, 1951, the Gila River Indian Community
filed a complaint before the Indian Claims Commission in Gila
River Pima-Maricopa Indian Community v. United States, Docket
No. 236, for the failure of the United States to carry out its
obligation to protect the Community's use of water from the
Gila River and the Salt River.
(2) All original 14 dockets under Docket No. 236 have been
resolved and funds distributed, except for Docket Nos. 236-C
and 236-D, which remain undistributed.
(3) In Gila River Pima-Maricopa Indian Community v. United
States, 29 Ind. Cl. Comm. 144 (1972), the Indian Claims
Commission held that the United States, as trustee, was liable
to the Community as to the claims made in Docket 236-C.
(4) In Gila River Pima-Maricopa Indian Community v. United
States, 684 F.2d 852 (1982), the United States Court of Claims
held that the United States, as trustee, was liable to the
Community as to the claims made in Docket 236-D.
(5) With the approval of the Community under Community
Resolution GR-98-98, the Community entered into a settlement
with the United States for claims made under Dockets 236-C and
236-D on April 27, 1999, for an aggregate total of $7,000,000.
(6) On May 3, 1999, the United States Court of Federal
Claims ordered that a final judgment be entered in consolidated
Dockets 236-C and 236-D for $7,000,000 in favor of the
Community and against the United States.
(7) On October 6, 1999, the Department of the Treasury
certified the payment of $7,000,000, less attorney fees, to be
deposited into a trust account on behalf of the Community, and
to which such payment was made into a trust account managed by
the Office of Trust Funds Management of the Department of the
Interior.
(8) Pursuant to the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401, et seq.) as amended and
implemented by 25 CFR Part 87, the Secretary is required to
submit an Indian judgment fund use or distribution plan to
Congress for approval.
SEC. 103. DISTRIBUTION OF JUDGMENT FUNDS.
(a) Per Capita Payments.--Notwithstanding any provision of the
Indian Tribal Judgment Funds Use or Distribution Act, or any other law,
regulation, or plan promulgated pursuant thereto, the funds
appropriated on October 6, 1999, in satisfaction of an award granted to
the Gila River Indian Community in Dockets 236-C and 236-D before the
United States Court of Federal Claims, less attorney fees and
litigation expenses, and including all accrued interest shall be
distributed in the form of per capita payments (in sums as equal as
possible) to all eligible enrolled members of the Community.
(b) Preparation of Payment Roll.--The Community shall prepare the
payment roll in accordance with the following criteria:
(1) Subject to eligibility requirements under paragraph
(2), the following individuals shall be eligible to be listed
on the payment roll and eligible to receive a per capita
payment from the Judgment Fund:
(A) All enrolled Community members who are eligible
to be listed on the per capita payment roll that was
approved by the Secretary for the distribution of the
funds awarded to the Community in Docket No. 236-N,
including those who were inadvertently omitted from
such roll.
(B) All enrolled Community members who are living
on the date of enactment of this Act.
(C) All enrolled Community members who have died
after the effective date of the payment plan for Docket
No. 236-N and on or prior to the date of enactment of
this Act.
(2) The following individuals shall be ineligible to be
listed on the payment roll prepared under this Act and
ineligible to receive a per capita payment from the Judgment
Fund:
(A) Any individual who has relinquished membership
with the Community prior to the date the Community
certifies their payment roll for the eligible adult
members under this section.
(B) Any minor who has relinquished membership with
the Community, or whose parent or legal guardian has
relinquished membership on their behalf, prior to the
date that the minor is 18 years of age.
(C) Any individual who has been disenrolled by the
Community for just cause, such as dual enrollment or
failure to meet the eligibility requirements for
enrollment.
(D) Any individual who has been determined or
certified as eligible by the Secretary to receive per
capita payment from any judgment fund that was awarded
to another community, tribe or tribal entity if that
the judgment fund was appropriated on or before the
date of enactment of this Act.
(E) Any individual who has not enrolled as a member
of the Community on or before the 90th day after the
date of the enactment of this Act.
(c) Notice to Secretary.--When the Community has prepared and
approved its payment roll, the Community shall notify the Secretary of
the total number of individuals eligible to share in the per capita
distribution. The total number shall be subdivided into the number of
shares that belong to eligible living adult tribal members, and the
number of shares that belong to deceased individuals, legally
incompetent individuals, and minors.
(d) Information Provided to Secretary.--The Community shall provide
the Secretary with the enrollment information necessary to allow the
Secretary to establish estate accounts for the deceased individuals,
and IIM accounts for legally incompetent individuals and minors.
(e) Disbursement of Funds.--Not later than 30 days after the
payment roll has been approved by the Community and the Community has
reconciled the number of shares that belong in each payment category,
the Secretary shall disburse to the Community the funds necessary to
make the per capita distribution to the eligible living adult tribal
members. Once the funds are disbursed to the Community, the Community
shall be responsible for administering and distributing the funds.
(f) Shares of Deceased Individuals.--The Secretary shall distribute
the per capita shares of deceased individuals to their heirs and
legatees in accordance with existing regulations prescribed by the
Secretary. If a final determination is made that the decedent has no
heirs, the per capita share and the interest earned on that share shall
revert to the Community and be deposited into the Community's general
fund.
(g) Shares of Legally Incompetent Individuals.--The Secretary shall
deposit the shares of legally incompetent individuals into supervised
IIM accounts. These IIM accounts shall be administered pursuant to
existing regulations and procedures established by the Secretary.
(h) Shares of Minors.--The Secretary shall deposit the shares of
minors into supervised IIM accounts. The provisions contained in
section 3(b)(3) of the Indian Tribal Judgment Funds Use and
Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to the minor's
per capita shares held by the Secretary under this Act. The Secretary
shall hold the minor's per capita shares in trust until the minor is 18
years of age. None of the Judgment Funds or the interest earned on
those funds shall be disbursed from the minor's account until the minor
is 18 years of age.
(i) Payment of Eligible Individuals Not Listed on Payment Roll.--An
individual who is not listed on the payment roll, but is eligible to
receive payment, may be paid from any residual principal and interest
funds remaining after the Community has made its per capita
distribution and the IIM accounts have been established. If the
residual Judgment Funds are insufficient to cover the cost of such
payment, the Community may pay the individual from its Community-owned
Funds. The Secretary is authorized to accept and deposit such funds
into an IIM or estate account established for a minor, legal
incompetent, or deceased beneficiary that the Community has identified
as being eligible to receive payment under this section, but who was
not paid from the Judgment Fund. The Secretary shall invest these funds
pursuant to existing statutory authority.
(j) Use of Residual Funds.--Upon request by the Community, any
residual principal and interest funds remaining after the Community has
declared per capita distribution complete shall be disbursed to the
Community and deposited into the Community's general fund.
(k) Nonapplicability of Certain Law.--Notwithstanding any other
provision of law, the Indian Gaming Regulatory Act (25 U.S.C. 2701, et
seq.), shall not apply to Community-owned Funds used by the Community
to cover shortfalls in funding necessary to make payments to
individuals not listed on the payment roll, but eligible to receive
payment as described under subsection (i) of this section.
SEC. 104. DEFINITIONS.
As used in this title:
(1) Adult.--The term ``adult'' means an individual who--
(A) is 18 years of age or older on the date the
payment roll is approved by the Community; or
(B) will reach 18 years of age not later than 30
days after the date that the payment roll is approved
by the Community.
(2) Community.--The term ``Community'' means the Gila River
Indian Community.
(3) Community-owned funds.--The term ``Community-owned
Funds'' means funds currently held in trust by the Secretary
that can be made available to make payments under section 103,
or revenues held by the Community that are derived from
community-owned enterprises.
(4) IIM.--The term ``IIM'' means individual Indian money
account.
(5) Judgment fund.--The term ``Judgment Fund'' means the
funds awarded to the Community by the Court of Federal Claims
in Dockets 236-C and 236-D.
(6) Legal incompetent.--The term ``legal incompetent''
means an individual who has been determined incapable of
managing their own affairs by a court of competent
jurisdiction.
(7) Minor.--The term ``minor'' means an individual who is
less than 18 years of age on the date the payment roll is
approved by the Community, or who will not reach 18 years of
age by the date that is 30 days after the date that the payment
roll is approved by the Community.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 105. GENERAL PROVISIONS.
(a) Responsibility for Funds--After the funds are disbursed to the
Community as provided under section 103(e), the United States and the
Secretary shall no longer have any trust responsibility for the
investment, supervision, administration, or expenditure of that portion
of the Judgment Funds. The funds subject to subsections (f) and (g) of
section 103 shall continue to be held in trust by the Secretary until
disbursed under this Act.
(b) Applicability of Other Law.--All funds distributed under this
Act are subject to the provisions of sections 7 and 8 of Public Law 93-
134 (25 U.S.C. 1407 and 1408, respectively).
TITLE II--AMENDMENT TO COMMUNITY'S PRIOR JUDGMENT FUND PLANS
SEC. 201. AMENDMENT TO PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS
AWARDED IN DOCKET 228.
A judgment fund plan for the funds awarded to the Community in
Docket No. 228 was submitted to Congress under the provisions of the
Act of October 19, 1973 (25 U.S.C. 1401, et seq.). The plan became
effective on August 10, 1986, and was published in the Federal Register
on March 5, 1987 (52 FR 6887). The plan was amended by the Act of
October 16, 1986, Public Law 99-493 (100 Stat. 1241). The plan is
further amended to include the following paragraphs:
``(1) The provisions contained in section 3(b)(3) of the
Indian Tribal Judgment Funds Use and Distribution Act (25
U.S.C. 1403(b)(3)) shall not apply to minors' remaining per
capita shares held by the Secretary under this plan, as of the
date of the enactment of the Gila River Indian Community
Judgment Fund Distribution Act of 2002. The Secretary shall
hold the minors' per capita shares in trust until the minors
reach 18 years of age. None of the judgment funds or the
interest earned on those funds shall be disbursed from the
minors' accounts until the minors reach 18 years of age.
``(2) Upon the request of the Community, any residual
principal and interest funds remaining after the Community has
declared the per capita distribution complete shall be
disbursed to the Community and deposited into the Community's
general fund.''.
SEC. 202. AMENDMENT TO PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS
AWARDED IN DOCKET 236-N.
A judgment fund plan for the funds awarded to the Community in
Docket 236-N was submitted to Congress under the provisions of the Act
of October 19, 1973 (25 U.S.C. 1401 et seq.). The plan became effective
on May 9, 1994, and was published in the Federal Register on June 16,
1994 (59 FR 31092). The ``Per Capita Aspect'' and the ``General
Provisions'' portions of the plan are amended as follows:
(1) Per capita aspect amendments.--The last sentence of the
paragraph that relates to the use of remaining amounts shall be
amended to read as follows: ``Upon request from the Community,
any residual principal and interest funds remaining after the
Community has declared the per capita distribution complete
shall be disbursed to the Community and deposited into the
Community's general fund.''.
(2) General provisions amendments.--The word ``minors''
shall be deleted from the third sentence of the first paragraph
and the following paragraph shall be inserted between the first
and second paragraph:
``The provisions contained in section 3(b)(3) of the Indian
Tribal Judgment Funds Use and Distribution Act (25 U.S.C.
1403(b)(3)) shall not apply to the remaining minors' per capita
shares held by the Secretary under this plan, as of the date of
the enactment of the Gila River Indian Community Judgment Fund
Distribution Act of 2002. The Secretary shall hold the minors'
per capita shares in trust until the minor is 18 years of age.
None of the judgment funds or the interest earned on those
funds shall be disbursed from the minors' account until the
minor is 18 years of age.''.
TITLE III--EXPERT ASSISTANCE LOANS
SEC. 301. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO COMMUNITY;
OGLALA SIOUX TRIBE; PUEBLO OF SANTO DOMINGO; AND SEMINOLE
NATION OF OKLAHOMA.
(a) Gila River Indian Community.--Notwithstanding any other
provision of law, the balance of all outstanding expert assistance
loans made to the Gila River Indian Community under the authority of
Public Law 88-168 (77 Stat. 301), and relating to Gila River Indian
Community v. United States (United States Court of Federal Claims
Docket Nos. 228, 236, and its associated subdockets), are canceled and
the Secretary of the Interior shall take such action as may be
necessary to document such cancellation and to release the Gila River
Indian Community from any liability associated with such loans.
(b) Oglala Sioux Tribe.--Notwithstanding any other provision of
law, the balances of all outstanding expert assistance loans made to
the Oglala Sioux Tribe under the authority of Public Law 88-168 (77
Stat. 301) and relating to Oglala Sioux Tribe v. United States (United
States Court of Federal Claims Docket No. 117 and its associated
subdockets) are canceled and the Secretary of the Interior shall take
such action as may be necessary to document the cancellation and to
release the Oglala Sioux Tribe from any liability associated with those
loans.
(c) Seminole Nation of Oklahoma.--Notwithstanding any other
provision of law, the balances of all outstanding expert assistance
loans made to the Seminole Nation of Oklahoma under the authority of
Public Law 88-168 (77 Stat. 301), and relating to Seminole Nation v.
United States (United States Court of Federal Claims Docket No. 247),
are canceled and the Secretary of the Interior shall take such action
as may be necessary to document the cancellation and to release the
Seminole Nation of Oklahoma from any liability associated with those
loans.
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