II 112th CONGRESS 1st Session S. 1739 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.

1.

Short title

This Act may be cited as the Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2011.

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.

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.

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.

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.

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).