[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1857 Reported in Senate (RS)]






                                                       Calendar No. 316
107th CONGRESS
  2d Session
                                S. 1857

        To encourage the negotiated settlement of tribal claims.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 19 (legislative day, December 18), 2001

  Mr. Campbell (for himself and Mr. Inouye) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

                           February 13, 2002

               Reported by Mr. Inouye, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
        To encourage the negotiated settlement of tribal claims.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SETTLEMENT OF TRIBAL CLAIMS.</DELETED>

<DELETED>    (a) In General.--Solely for purposes of providing an 
opportunity to explore the settlement of tribal claims, during fiscal 
year 2002, the statute of limitations shall be deemed not to have run 
for any claim concerning losses to or mismanagement of tribal trust 
funds.</DELETED>
<DELETED>    (b) No Preclusion of Findings.--Nothing in this section 
precludes a court or other adjudicatory entity from adjudicting a 
statute of limitations defense either:</DELETED>
        <DELETED>    (1) in an action filed on or after October 1, 
        2002; or</DELETED>
        <DELETED>    (2) in any case, controversy, or other proceeding 
        pending on the date of enactment of this section against the 
        United States in which a court or adjudicatory entity is called 
        on to determine whether the statute of limitations on such a 
        claim has run.</DELETED>

SECTION 1. SETTLEMENT OF TRIBAL CLAIMS.

    (a) In General.--Notwithstanding any other provision of law, for 
purposes of determining the date on which an Indian tribe received a 
reconciliation report for purposes of applying a statute of 
limitations, any such report provided to or received by an Indian tribe 
in response to section 304 of the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4044) shall be deemed to have been 
received by the Indian tribe on December 31, 1999.
    (b) Statement of Purpose.--Subsection (a) is solely intended to 
provide recipients of reconciliation reports with the opportunity to 
postpone the filing of claims, or to facilitate the voluntary dismissal 
of claims, to encourage settlement negotiations with the United States.




                                                       Calendar No. 316

107th CONGRESS

  2d Session

                                S. 1857

_______________________________________________________________________

                                 A BILL

        To encourage the negotiated settlement of tribal claims.

_______________________________________________________________________

                           February 13, 2002

                       Reported with an amendment