[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2306 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2306

  To provide for the use and distribution of the funds awarded to the 
Minnesota Chippewa Tribe, et al., by the United States Court of Federal 
      Claims in Docket Numbers 18 and 188, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2007

  Mr. Peterson of Minnesota introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for the use and distribution of the funds awarded to the 
Minnesota Chippewa Tribe, et al., by the United States Court of Federal 
      Claims in Docket Numbers 18 and 188, 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.

    This Act may be cited as the ``Minnesota Chippewa Tribe Judgment 
Fund Distribution Act of 2007''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) On January 22, 1948, the Minnesota Chippewa Tribe, 
        representing all Chippewa bands in Minnesota except the Red 
        Lake Band, filed a claim before the Indian Claims Commission in 
        Docket No. 19 for an accounting of all funds received and 
        expended pursuant to the Act of January 14, 1889, 25 Stat. 642, 
        and amendatory acts (hereinafter referred to as the Nelson 
        Act).
            (2) On August 2, 1951, the Minnesota Chippewa Tribe, 
        representing all Chippewa bands in Minnesota except the Red 
        Lake Band, filed a number of claims before the Indian Claims 
        Commission in Docket No. 188 for an accounting of the 
        Government's obligation to each of the member bands of the 
        Minnesota Chippewa Tribe under various statutes and treaties 
        that are not covered by the Nelson Act of January 14, 1889.
            (3) On May 17, 1999, a Joint Motion for Findings in Aid of 
        Settlement of the claims in Docket No. 19 and 188 was filed 
        before the Court.
            (4) The terms of the settlement were approved by the Court 
        and the final judgment was entered on May 26, 1999.
            (5) On June 22, 1999, $20,000,000 was transferred to the 
        Department of the Interior and deposited into a trust fund 
        account established for the beneficiaries of the funds awarded 
        in Docket No. 19 and 188.
            (6) The funds awarded in Docket No. 19 and 188 represent 
        additional compensation that would have been distributed per 
        capita under the Nelson Act if the funds had been deposited 
        into the permanent account established in the U.S. Treasury for 
        the Chippewa Indians of Minnesota. Hence, the judgment funds 
        shall be divided pro rata among the Bands based upon the number 
        of members enrolled with each Band.
            (7) Pursuant to the Indian Tribal Judgment Funds Use or 
        Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is 
        required to submit to Congress for approval an Indian judgment 
        fund use or distribution plan.
    (b) Purpose.--It is the purpose of this Act to provide for the fair 
and equitable division of the judgment funds among the Bands and to 
provide each Band the opportunity to develop a use and distribution 
plan for its share of the funds.

SEC. 3. DEFINITIONS.

    For the purpose of this Act:
            (1) Available funds.--The term ``available funds'' means 
        the funds awarded to the Minnesota Chippewa Tribe and interest 
        earned and received on those funds, less the funds used for 
        payment of attorney fees and litigation expenses.
            (2) Bands.--The term ``Bands'' means the Bois Forte Band, 
        Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille 
        Lacs Band, and White Earth Band.
            (3) Judgment funds.--The term ``judgment funds'' means the 
        funds awarded on May 29, 1999, to the Minnesota Chippewa Tribe 
        by the Court of Federal Claims in Docket No. 19 and 188.
            (4) Minnesota chippewa tribe.--The term ``Minnesota 
        Chippewa Tribe'' means the Minnesota Chippewa Tribe, Minnesota 
        composed of the Bois Forte Band, Fond du Lac Band, Grand 
        Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth 
        Band. It does not include Red Lake Band of Chippewa Indians, 
        Minnesota.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. LOAN REIMBURSEMENTS TO CERTAIN BANDS.

    (a) In General.--(1) The Secretary is authorized to reimburse each 
Band the amount of funds plus interest earned to the date of 
reimbursement that the Band contributed for payment of litigation 
expenses and expert witness fees associated with the litigation of 
Docket No. 19 and 188 before the U.S. Court of Federal Claims.
    (2) Reimbursement to a Band shall only be for litigation expenses 
and expert witness fees incurred prior to June 22, 1999.
    (b) Claims.--The Band's claim for reimbursement of funds expended 
shall be--
            (1) presented to the Secretary within 90 days of the date 
        of enactment of this Act,
            (2) itemized and supported by invoices and receipts,
            (3) certified by the Band as being unreimbursed to the Band 
        from other funding sources, and
            (4) paid with interest calculated at the rate of 5.5 
        percent per annum, simple interest, from the date the funds 
        were expended to the date the funds are reimbursed to the Band.
    (c) Review.--The Secretary shall review the claims and determine if 
the fees and expenses are properly documented and incurred in the 
litigation of the claims before the Court in Docket No. 19 and 188. All 
claims approved by the Secretary for reimbursement to the Band shall be 
paid from the judgment funds prior to the division of the funds under 
section 5.

SEC. 5. DIVISION OF JUDGMENT FUNDS.

    (a) Membership Rolls.--The Bands shall update their membership 
rolls to include all enrolled members living on the date of enactment 
of this Act. The membership rolls shall be subject to the review and 
approval of the Secretary.
    (b) Divisions.--After all funds have been reimbursed as provided 
under section 4, and the membership rolls have been updated, reviewed, 
and approved under subsection (a) of this section, the Secretary shall 
divide the available judgment funds among the Bands in proportion to 
the number of members enrolled with each Band.
    (c) Separate Accounts.--The Secretary shall establish a separate 
account for each Band and deposit each Band's proportionate share of 
the available judgment funds into their respective account.

SEC. 6. DEVELOPMENT OF TRIBAL PLANS FOR THE USE OR DISTRIBUTION OF 
              FUNDS.

    (a) Distribution Plans.--The Secretary shall have no more than 180 
days from the date that the funds are divided among the Bands under 
section 5 to prepare and submit to the Congress, in a manner otherwise 
consistent with the Indian Tribal Judgment Funds Use or Distribution 
Act (25 U.S.C. 1401 et seq.), separate plans for the use and 
distribution of each Band's respective share of the available funds.
    (b) Withdrawal.--Once a distribution plan becomes effective in 
accordance with subsection (a), a Band may withdraw all or part of the 
monies in its account in accordance with the Band's distribution plan.
    (c) Liability.--If a Band exercises the right to withdraw monies 
from its account, the Secretary shall not retain any liability for the 
expenditure or investment of the monies withdrawn.

SEC. 7. GENERAL PROVISIONS.

    (a) Previous Obligations.--Funds disbursed under this Act shall not 
be liable for the payment of previously contracted obligations of any 
recipient as provided in Public Law 98-64 (25 U.S.C. 117b(a)).
    (b) Indian Judgment Funds Distributed Act.--All funds distributed 
under this Act are subject to the provisions in the Indian Judgment 
Funds Distributed Act (25 U.S.C. 1407).
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