[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1272 Enrolled Bill (ENR)]
H.R.1272
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
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 19 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 2012''.
SEC. 2. 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) Pursuant to the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.), Congress must act to
authorize the use or distribution of the judgment funds.
(7) On October 1, 2009, the Minnesota Chippewa Tribal Executive
Committee passed Resolution 146-09, approving a plan to distribute
the judgment funds and requesting that the United States Congress
act to distribute the judgment funds in the manner described by the
plan.
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 payments
authorized under section 4.
(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 26, 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 MINNESOTA CHIPPEWA TRIBE.
(a) In General.--The Secretary is authorized to reimburse the
Minnesota Chippewa Tribe the amount of funds, plus interest earned to
the date of reimbursement, that the Minnesota Chippewa Tribe
contributed for payment of attorneys' fees and litigation expenses
associated with the litigation of Docket No. 19 and 188 before the U.S.
Court of Federal Claims and the distribution of judgment funds.
(b) Claims.--The Minnesota Chippewa Tribe's claim for reimbursement
of funds expended shall be--
(1) presented to the Secretary not later than 90 days after the
date of enactment of this Act;
(2) certified by the Minnesota Chippewa Tribe as being
unreimbursed to the Minnesota Chippewa Tribe from other funding
sources;
(3) paid with interest calculated at the rate of 6.0 percent
per annum, simple interest, from the date the funds were expended
to the date the funds are reimbursed to the Minnesota Chippewa
Tribe; and
(4) paid from the judgment funds prior to the division of the
funds under section 5.
SEC. 5. DIVISION OF JUDGMENT FUNDS.
(a) Membership Rolls.--Not later than 90 days after the date of the
enactment of this Act, the Minnesota Chippewa Tribe shall submit to the
Secretary updated membership rolls for each Band, which shall include
all enrolled members the date of the enactment of this Act.
(b) Divisions.--After all funds have been reimbursed under section
4, and the membership rolls have been updated under subsection (a), the
Secretary shall--
(1) set aside for each Band a portion of the available judgment
funds equivalent to $300 for each member enrolled within each Band;
and
(2) after the funds are set aside in accordance with paragraph
(1), divide 100 percent of the remaining funds into equal shares
for each Band.
(c) Separate Accounts.--The Secretary shall--
(1) deposit all funds described in subsection (b)(1) into a
``Per Capita'' account for each Band; and
(2) deposit all funds described in subsection (b)(2) into an
``Equal Shares'' account for each Band.
(d) Withdrawal of Funds.--After the Secretary deposits the
available funds into the accounts described in subsection (c), a Band
may withdraw all or part of the monies in its account.
(e) Disbursement of Per Capita Payments.--All funds described in
subsection (b)(1) shall be used by each Band only for the purposes of
distributing one $300 payment to each individual member of the Band.
Each Band may--
(1) distribute the $300 payment to the parents or legal
guardians on behalf of each dependent Band member instead of
distributing such $300 payment to the dependent Band member; or
(2) deposit into a trust account the $300 payment to each
dependent Band member for the benefit of such dependent Band
member, to be distributed under the terms of such trust.
(f) Distribution of Unclaimed Payments.--One year after the funds
described in subsection (b)(1) are made available to the Bands, all
unclaimed payments described in subsection (e) shall be returned to the
Secretary, who shall divide these funds into equal shares for each
Band, and deposit the divided shares into the accounts described in
subsection (c)(2) for the use of each Band.
(g) Liability.--If a Band exercises the right to withdraw monies
from its accounts, the Secretary shall not retain liability for the
expenditure or investment of the monies after each withdrawal.
SEC. 6. 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 Distribution Act.--All funds distributed
under this Act are subject to the provisions in the Indian Judgment
Funds Distribution Act (25 U.S.C. 1407).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.