[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2799 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2799

To provide for the use and distribution of certain funds awarded to the 
   Gila River Pima-Maricopa Indian Community, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2002

  Mr. McCain introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for the use and distribution of certain funds awarded to the 
   Gila River Pima-Maricopa Indian Community, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Gila River Indian 
Community Judgment Fund Distribution Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
             TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION

Sec. 101. Distribution of judgment funds.
Sec. 102. Responsibility of Secretary; applicable law.
     TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS

Sec. 201. Plan for use and distribution of judgment funds awarded in 
                            Docket No. 228.
Sec. 202. Plan for use and distribution of judgment funds awarded in 
                            Docket No. 236-N.
                   TITLE III--EXPERT ASSISTANCE LOANS

Sec. 301. Waiver of repayment of expert assistance loans to certain 
                            Indian tribes.

SEC. 2. FINDINGS.

    Congress finds that--
            (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 use by the Community of water from 
        the Gila River and the Salt River in the State of Arizona;
            (2) except for Docket Nos. 236-C and 236-D, which remain 
        undistributed, all 14 original dockets under Docket No. 236 
        have been resolved and distributed;
            (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 with respect to the claims made in Docket No. 
        236-C;
            (4) in Gila River Pima-Maricopa Indian Community v. United 
        States, 684 F.2d 852 (1982), the United States Claims Court 
        held that the United States, as trustee, was liable to the 
        Community with respect to the claims made in Docket No. 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 on April 27, 1999, for claims made under 
        Dockets Nos. 236-C and 236-D 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 Nos. 236-C and 236-D for $7,000,000 in favor of the 
        Community and against the United States;
            (7)(A) on October 6, 1999, the Department of the Treasury 
        certified the payment of $7,000,000, less attorney fees, to be 
        deposited in a trust account on behalf of the Community; and
            (B) that payment was deposited in a trust account managed 
        by the Office of Trust Funds Management of the Department of 
        the Interior; and
            (8) in accordance with the Indian Tribal Judgment Funds Use 
        or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is 
        required to submit an Indian judgment fund use or distribution 
        plan to Congress for approval.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Adult.--The term ``adult'' means an individual who--
                    (A) is 18 years of age or older as of the date on 
                which the payment roll is approved by the Community; or
                    (B) will reach 18 years of age not later than 30 
                days after the date on which 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--
                    (A) funds held in trust by the Secretary as of the 
                date of enactment of this Act that may be made 
                available to make payments under section 101; or
                    (B) revenues held by the Community that are derived 
                from Community-owned enterprises.
            (4) IIM account.--The term ``IIM account'' means an 
        individual Indian money account.
            (5) Judgment funds.--The term ``judgment funds'' means the 
        aggregate amount awarded to the Community by the Court of 
        Federal Claims in Dockets Nos. 236-C and 236-D.
            (6) Legally incompetent individual.--The term ``legally 
        incompetent individual'' means an individual who has been 
        determined to be incapable of managing his or her own affairs 
        by a court of competent jurisdiction.
            (7) Minor.--The term ``minor'' means an individual who is 
        not an adult.
            (8) Payment roll.--The term ``payment roll'' means the list 
        of eligible, enrolled members of the Community who are eligible 
        to receive a payment under section 101(a), as prepared by the 
        Community under section 101(b).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

             TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION

SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS.

    (a) Per Capita Payments.--Notwithstanding the Indian Tribal 
Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) or any 
other provision of law (including any regulation promulgated or plan 
developed under such a law), the amounts paid in satisfaction of an 
award granted to the Gila River Indian Community in Dockets Nos. 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 
amounts as equal as practicable) to all eligible enrolled members of 
the Community.
    (b) Preparation of Payment Roll.--
            (1) In general.--The Community shall prepare a payment roll 
        of eligible, enrolled members of the Community that are 
        eligible to receive payments under this section in accordance 
        with the criteria described in paragraph (2).
            (2) Criteria.--
                    (A) Individuals eligible to receive payments.--
                Subject to subparagraph (B), the following individuals 
                shall be eligible to be listed on the payment roll and 
                eligible to receive a per capita payment under 
                subsection (a):
                            (i) 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 any 
                        individual who was inadvertently omitted from 
                        that roll).
                            (ii) All enrolled Community members who are 
                        living on the date of enactment of this Act.
                            (iii) All enrolled Community members who 
                        died--
                                    (I) after the effective date of the 
                                payment plan for Docket No. 236-N; but
                                    (II) on or before the date of 
                                enactment of this Act.
                    (B) Individuals ineligible to receive payments.--
                The following individuals shall be ineligible to be 
                listed on the payment roll and ineligible to receive a 
                per capita payment under subsection (a):
                            (i) Any individual who, before the date on 
                        which the Community approves the payment roll, 
                        relinquished membership in the Community.
                            (ii) Any minor who relinquishes membership 
                        in the Community, or whose parent or legal 
                        guardian relinquishes membership on behalf of 
                        the minor, before the date on which the minor 
                        reaches 18 years of age.
                            (iii) Any individual who is disenrolled by 
                        the Community for just cause (such as dual 
                        enrollment or failure to meet the eligibility 
                        requirements for enrollment).
                            (iv) Any individual who is determined or 
                        certified by the Secretary to be eligible to 
                        receive a per capita payment of funds relating 
                        to a judgment--
                                    (I) awarded to another community, 
                                Indian tribe, or tribal entity; and
                                    (II) appropriated on or before the 
                                date of enactment of this Act.
                            (v) Any individual who is not enrolled as a 
                        member of the Community on or before the date 
                        that is 90 days after the date of enactment of 
                        this Act.
    (c) Notice to Secretary.--On approval by the Community of the 
payment roll, the Community shall submit to the Secretary a notice that 
indicates the total number of individuals eligible to share in the per 
capita distribution under subsection (a), as expressed in subdivisions 
that reflect--
            (1) the number of shares that are attributable to eligible 
        living adult Community members; and
            (2) the number of shares that are attributable to deceased 
        individuals, legally incompetent individuals, and minors.
    (d) Information Provided to Secretary.--The Community shall provide 
to the Secretary enrollment information necessary to allow the 
Secretary to establish--
            (1) estate accounts for deceased individuals described in 
        subsection (c)(2); and
            (2) IIM accounts for legally incompetent individuals and 
        minors described in subsection (c)(2).
    (e) Disbursement of Funds.--
            (1) In general.--Not later than 30 days after the date on 
        which the payment roll is approved by the Community and the 
        Community has reconciled the number of shares that belong in 
        each payment subdivision described in subsection (c), the 
        Secretary shall disburse to the Community the funds necessary 
        to make the per capita distribution under subsection (a) to 
        eligible living adult members of the Community described in 
        subsection (c)(1).
            (2) Administration and distribution.--On disbursement of 
        the funds under paragraph (1), the Community shall bear sole 
        responsibility for administration and distribution of the 
        funds.
    (f) Shares of Deceased Individuals.--
            (1) In general.--The Secretary, in accordance with 
        regulations promulgated by the Secretary and in effect as of 
        the date of enactment of this Act, shall distribute to the 
        appropriate heirs and legatees of deceased individuals 
        described in subsection (c)(2) the per capita shares of those 
        deceased individuals.
            (2) Absence of heirs and legatees.--If the Secretary and 
        the Community make a final determination that a deceased 
        individual described in subsection (c)(2) has no heirs or 
        legatees, the per capita share of the deceased individual and 
        the interest earned on that share shall--
                    (A) revert to the Community; and
                    (B) be deposited into the general fund of the 
                Community.
    (g) Shares of Legally Incompetent Individuals.--
            (1) In general.--The Secretary shall deposit the shares of 
        legally incompetent individuals described in subsection (c)(2) 
        in supervised IIM accounts.
            (2) Administration.--The IIM accounts described in 
        paragraph (1) shall be administered in accordance with 
        regulations and procedures established by the Secretary and in 
        effect as of the date of enactment of this Act.
    (h) Shares of Minors.--
            (1) In general.--The Secretary shall deposit the shares of 
        minors described in subsection (c)(2) in supervised IIM 
        accounts.
            (2) Administration.--
                    (A) In general.--The Secretary shall hold the per 
                capita share of a minor described in subsection (c)(2) 
                in trust until such date as the minor reaches 18 years 
                of age.
                    (B) Nonapplicable law.--Section 3(b)(3) of the 
                Indian Tribal Judgment Funds Use or Distribution Act 
                (25 U.S.C. 1403(b)(3)) shall not apply to any per 
                capita share of a minor that is held by the Secretary 
                under this Act.
                    (C) Disbursement.--No judgment funds, nor any 
                interest earned on judgment funds, shall be disbursed 
                from the account of a minor described in subsection 
                (c)(2) until such date as the minor reaches 18 years of 
                age.
    (i) Payment of Eligible Individuals Not Listed on Payment Roll.--
            (1) In general.--An individual who is not listed on the 
        payment roll, but is eligible to receive a payment under this 
        Act, as determined by the Community, may be paid from any 
        remaining judgment funds after the date on which--
                    (A) the Community makes the per capita distribution 
                under subsection (a); and
                    (B) all appropriate IIM accounts are established 
                under subsections (g) and (h).
            (2) Insufficient funds.--If insufficient judgment funds 
        remain to cover the cost of a payment described in paragraph 
        (1), the Community may use Community-owned funds to make the 
        payment.
            (3) Minors, legally incompetent individuals, and deceased 
        individuals.--In a case in which a payment described in 
        paragraph (2) is to be made to a minor, a legally incompetent 
        individual, or a deceased individual, the Secretary--
                    (A) is authorized to accept and deposit funds from 
                the payment in an IIM account or estate account 
                established for the minor, legally incompetent 
                individual, or deceased individual; and
                    (B) shall invest those funds in accordance with 
                applicable law.
    (j) Use of Residual Funds.--On request by the Community, any 
judgment funds remaining after the date on which the Community 
completes the per capita distribution under subsection (a) and makes 
any appropriate payments under subsection (i) shall be disbursed to, 
and deposited in the general fund of, the Community.
    (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 
make payments under subsection (i).

SEC. 102. RESPONSIBILITY OF SECRETARY; APPLICABLE LAW.

    (a) Responsibility for Funds--After the date on which funds are 
disbursed to the Community under section 101(e)(1), the United States 
and the Secretary shall have no trust responsibility for the 
investment, supervision, administration, or expenditure of the funds 
disbursed.
    (b) Deceased and Legally Incompetent Individuals.--Funds subject to 
subsections (f) and (g) of section 101 shall continue to be held in 
trust by the Secretary until the date on which those funds are 
disbursed under this Act.
    (c) Applicability of Other Law.--Except as otherwise provided in 
this Act, all funds distributed under this Act shall be subject to 
sections 7 and 8 of the Indian Tribal Judgment Funds Use or 
Distribution Act (25 U.S.C. 1407, 1408).

     TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS

SEC. 201. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS AWARDED IN 
              DOCKET NO. 228.

    (a) Definition of Plan.--In this section, the term ``plan'' means 
the plan for the use and distribution of judgment funds awarded to the 
Community in Docket No. 228 of the United States Claims Court (52 Fed. 
Reg. 6887 (March 5, 1987)), as modified in accordance with Public Law 
99-493 (100 Stat. 1241).
    (b) Conditions.--Notwithstanding any other provision of law, the 
Community shall modify the plan to include the following conditions 
with respect to funds distributed under the plan:
            (1) Applicability of other law relating to minors.--Section 
        3(b)(3) of the Indian Tribal Judgment Funds Use or Distribution 
        Act (25 U.S.C. 1403(b)(3)) shall not apply to any per capita 
        share of a minor that is held, as of the date of enactment of 
        this Act, by the Secretary.
            (2) Share of minors in trust.--The Secretary shall hold a 
        per capita share of a minor described in paragraph (1) in trust 
        until such date as the minor reaches 18 years of age.
            (3) Disbursal of funds for minors.--No judgment funds, nor 
        any interest earned on judgment funds, shall be disbursed from 
        the account of a minor described in paragraph (1) until such 
        date as the minor reaches 18 years of age.
            (4) Use of remaining judgment funds.--On request by the 
        governing body of the Community, as manifested by the 
        appropriate tribal council resolution, any judgment funds 
        remaining after the date of completion of the per capita 
        distribution under section 101(a) shall be disbursed to, and 
        deposited in the general fund of, the Community.

SEC. 202. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS AWARDED IN 
              DOCKET NO. 236-N.

    (a) Definition of Plan.--In this section, the term ``plan'' means 
the plan for the use and distribution of judgment funds awarded to the 
Community in Docket No. 236-N of the United States Court of Federal 
Claims (59 Fed. Reg. 31092 (June 16, 1994)).
    (b) Conditions.--
            (1) Per capita aspect.--Notwithstanding any other provision 
        of law, the Community shall modify the last sentence of the 
        paragraph under the heading ``Per Capita Aspect'' in the plan 
        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, and deposited in the general fund of, 
        the Community.''.
            (2) General provisions.--Notwithstanding any other 
        provision of law, the Community shall--
                    (A) modify the third sentence of the first 
                paragraph under the heading ``General Provisions'' of 
                the plan to strike the word ``minors''; and
                    (B) insert between the first and second paragraphs 
                under that heading the following:
        ``Section 3(b)(3) of the Indian Tribal Judgment Funds Use or 
        Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to any 
        per capita share of a minor that is held, as of the date of 
        enactment of the Gila River Indian Community Judgment Fund 
        Distribution Act of 2002, by the Secretary. The Secretary shall 
        hold a per capita share of a minor in trust until such date as 
        the minor reaches 18 years of age. No judgment funds, or any 
        interest earned on judgment funds, shall be disbursed from the 
        account of a minor until such date as the minor reaches 18 
        years of age.''.

                   TITLE III--EXPERT ASSISTANCE LOANS

SEC. 301. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO CERTAIN 
              INDIAN TRIBES.

    (a) Gila River Indian Community.--Notwithstanding any other 
provision of law--
            (1) the balance of all outstanding expert assistance loans 
        made to the Community under 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 and 236 
        and associated subdockets) are canceled; and
            (2) the Secretary shall take such action as is necessary--
                    (A) to document the cancellation of loans under 
                paragraph (1); and
                    (B) to release the Community from any liability 
                associated with those loans.
    (b) Oglala Sioux Tribe.--Notwithstanding any other provision of 
law--
            (1) the balances of all outstanding expert assistance loans 
        made to the Oglala Sioux Tribe under 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 
        associated subdockets) are canceled; and
            (2) the Secretary shall take such action as is necessary--
                    (A) to document the cancellation of loans under 
                paragraph (1); and
                    (B) to release the Oglala Sioux Tribe from any 
                liability associated with those loans.
    (c) Seminole Nation of Oklahoma.--Notwithstanding any other 
provision of law--
            (1) the balances of all outstanding expert assistance loans 
        made to the Seminole Nation of Oklahoma under 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
            (2) the Secretary shall take such action as is necessary--
                    (A) to document the cancellation of loans under 
                paragraph (1); and
                    (B) to release the Seminole Nation of Oklahoma from 
                any liability associated with those loans.
                                 <all>