[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.
                                 <all>