[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 162 Enrolled Bill (ENR)]

        S.162

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three


                                 An Act


 
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 2003''.
    (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 Gila River 
          Indian Community.

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 Docket 
    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 Docket 
    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--
                (i) are derived from trust resources; and
                (ii) qualify for an exemption under section 7 or 8 of 
            the Indian Tribal Judgment Funds Use or Distribution Act 
            (25 U.S.C. 1407, 1408).
        (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 Docket 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 Docket 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 governing body of the 
Community to the Secretary, and after passage by the governing body of 
the Community of a tribal council resolution affirming the intention of 
the governing body to have judgment funds disbursed to, and deposited 
in the general fund of, 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) Reversion of Per Capita Shares to Tribal Ownership.--
        (1) In general.--In accordance with the first section of Public 
    Law 87-283 (25 U.S.C. 164), the share for an individual eligible to 
    receive a per capita share under subsection (a) that is held in 
    trust by the Secretary, and any interest earned on that share, 
    shall be restored to Community ownership if, for any reason--
            (A) subject to subsection (i), the share cannot be paid to 
        the individual entitled to receive the share; and
            (B) the share remains unclaimed for the 6-year period 
        beginning on the date on which the individual became eligible 
        to receive the share.
        (2) Request by community.--In accordance with subsection (j), 
    the Community may request that unclaimed funds described in 
    paragraph (1)(B) be disbursed to, and deposited in the general fund 
    of, the Community.

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 2003, 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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.