[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1739 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1739

 To provide for the use and distribution of judgment funds awarded to 
  the Minnesota Chippewa Tribe by the United States Court of Federal 
      Claims in Docket Numbers 19 and 188, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 19, 2011

 Mr. Franken (for himself and Ms. Klobuchar) 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 judgment funds awarded to 
  the Minnesota Chippewa Tribe 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 2011''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) on January 22, 1948, the Minnesota Chippewa Tribe, 
        representing all Chippewa bands in the State of Minnesota 
        except the Red Lake Band, filed a claim before the Indian 
        Claims Commission in Docket No. 19 for an accounting of all 
        amounts received and expended pursuant to the Act of January 
        14, 1889 (25 Stat. 642, chapter 24) (referred to in this Act as 
        the ``Nelson Act'');
            (2) on August 2, 1951, the Minnesota Chippewa Tribe, 
        representing all Chippewa bands in the State of 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 obligation of the Federal Government to each member Band of 
        the Minnesota Chippewa Tribe under various statutes and 
        treaties not covered by the Nelson Act;
            (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 in 
        the Court of Federal Claims;
            (4) the terms of the settlement were approved by the Court 
        of Federal Claims and final judgment in the matter was entered 
        on May 26, 1999;
            (5) on June 22, 1999, $20,000,000 was transferred to the 
        Department of the Interior and deposited in a trust fund 
        account established for the beneficiaries of the amounts 
        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; and
            (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 Congress 
        authorize the distribution of the judgment funds in the manner 
        described by the plan.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Bands.--The term ``Bands'' means--
                    (A) the Bois Forte Band;
                    (B) the Fond du Lac Band;
                    (C) the Grand Portage Band;
                    (D) the Leech Lake Band;
                    (E) the Mille Lacs Band; and
                    (F) the White Earth Band.
            (2) Judgment funds.--The term ``judgment funds'' means the 
        $20,000,000 awarded on May 26, 1999, to the Minnesota Chippewa 
        Tribe by the Court of Federal Claims and transferred to the 
        Secretary for deposit in a trust fund account established for 
        the beneficiaries of Docket No. 19 and 188.
            (3) Minnesota chippewa tribe.--The term ``Minnesota 
        Chippewa Tribe'' means the Minnesota Chippewa Tribe, composed 
        solely of the Bands.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA CHIPPEWA TRIBE.

    (a) In General.--The Secretary may reimburse the Minnesota Chippewa 
Tribe the amount that the Minnesota Chippewa Tribe contributed for 
attorneys' fees and litigation expenses associated with the litigation 
of Docket No. 19 and 188 in the Court of Federal Claims and the 
distribution of judgment funds, plus any interest earned on that amount 
as of the date of payment under this section to the Minnesota Chippewa 
Tribe.
    (b) Procedure.--
            (1) In general.--To receive a reimbursement payment under 
        subsection (a), not later than 90 days after the date of 
        enactment of this Act, the Minnesota Chippewa Tribe shall 
        submit to the Secretary a written claim for the reimbursement 
        amount described in that subsection, subject to the condition 
        that the Minnesota Chippewa Tribe certify that the 
        reimbursement expenses claimed have not been reimbursed to the 
        Tribe by any other entity.
            (2) Payment.--If the Minnesota Chippewa Tribe submits a 
        claim to the Secretary in accordance with paragraph (1), the 
        Secretary shall, using the judgment funds, pay to the Minnesota 
        Chippewa Tribe the full reimbursement amount claimed, plus 
        interest on that amount, calculated at the rate of 6.0 percent 
        per year, simple interest, beginning on the date on which the 
        amounts were expended by the Tribe and ending on the date on 
        which the amounts are reimbursed to the Tribe.

SEC. 5. DISTRIBUTION OF JUDGMENT FUNDS.

    (a) Membership Rolls.--Not later than 90 days after the date of 
enactment of this Act, the Minnesota Chippewa Tribe shall submit to the 
Secretary an updated membership roll for each Band of the Tribe, each 
of which shall include the names of all enrolled members of that Band 
living on the date of enactment of this Act.
    (b) Disbursement of Available Funds.--
            (1) Per capita account.--After the date on which any 
        amounts under section 4 have been disbursed and the Secretary 
        has received the updated membership rolls under subsection (a), 
        the Secretary shall, from the remaining judgment funds, deposit 
        in a per capita account established by the Secretary for each 
        Band, an amount that is equal to $300 for each member of that 
        Band listed on the updated membership roll.
            (2) Remaining amounts.--If, after the disbursement 
        described in paragraph (1), any judgment funds remain 
        undisbursed, the Secretary shall deposit in an account 
        established by the Secretary for each Band, which shall be 
        separate from the per capita account described in paragraph 
        (1), all remaining amounts, divided equally among the Bands.
    (c) Use of Amounts.--
            (1) Disbursement of per capita payments.--Any amounts 
        deposited in the per capita account of a Band described in 
        subsection (b)(1) shall be--
                    (A) made available to the Band for immediate 
                withdrawal; and
                    (B) used by the Band solely for the purpose of 
                distributing 1 $300 payment to each individual member 
                of the Band listed on the updated membership roll.
            (2) Treatment of dependents.--For each minor or dependent 
        member of the Band listed on the updated roll, the Band may--
                    (A) distribute the $300 payment to a parent or 
                legal guardian of that dependent Band member; or
                    (B) deposit in a trust account the $300 payment of 
                that dependent Band member for the benefit of that 
                dependent Band member, to be distributed under the 
                terms of the trust.
    (d) Unclaimed Payments.--If, on the date that is 1 year after the 
date on which the amounts described in subsection (b)(1) are made 
available to a Band, any amounts remain unclaimed, those amounts shall 
be returned to the Secretary, who shall deposit the remaining amounts 
in the accounts described in subsection (b)(2) in equal shares for each 
Band.
    (e) No Liability.--The Secretary shall not be liable for the 
expenditure or investment of any amounts disbursed to a Band from the 
accounts described in subsection (b) after those amounts are withdrawn 
by the Band.

SEC. 6. ADMINISTRATION.

    Amounts disbursed under this Act--
            (1) shall not be liable for the payment of previously 
        contracted obligations of any recipient, as provided in section 
        2(a) of Public Law 98-64 (25 U.S.C. 117b(a)); and
            (2) shall be subject to section 7 of the Indian Tribal 
        Judgment Funds Use or Distribution Act (25 U.S.C. 1407).
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