[Congressional Record Volume 143, Number 152 (Tuesday, November 4, 1997)]
[House]
[Pages H9931-H9937]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR THE DIVISION, USE, AND DISTRIBUTION OF JUDGMENT FUNDS OF
OTTAWA AND CHIPPEWA INDIANS
Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1604) to provide for the division, use, and distribution of
judgment funds of the Ottawa and Chippewa Indians of Michigan pursuant
to dockets numbered 18-E, 58, 364, and 18-R before the Indian Claims
Commission, as amended.
The Clerk read as follows:
H.R. 1604
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. Division of funds.
Sec. 5. Development of tribal plans for use or distribution of funds.
Sec. 6. Preparation of judgment distribution roll of descendants.
Sec. 7. Plan for use and distribution of Bay Mills Indian Community
funds.
Sec. 8. Plan for use of Sault Ste. Marie Tribe of Chippewa Indians of
Michigan funds.
Sec. 9. Plan for use of Grand Traverse Band of Ottawa and Chippewa
Indians of Michigan funds.
Sec. 10. Payment to newly recognized or reaffirmed tribes.
Sec. 11. Treatment of funds in relation to other laws.
Sec. 12. Treaties not affected.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Judgments were rendered in the Indian Claims Commission
in dockets numbered 18-E, 58, and 364 in favor of the Ottawa
and Chippewa Indians of Michigan and in docket numbered 18-R
in favor of the Sault Ste. Marie Tribe of Chippewa Indians.
(2) The funds Congress appropriated to pay these judgments
have been held by the Department of the Interior for the
beneficiaries pending a division of the funds among the
beneficiaries in a manner acceptable to the tribes and
descendency group and pending development of plans for the
use and distribution of the respective tribes' share.
(3) The 1836 treaty negotiations show that the United
States concluded negotiations with the Chippewa concerning
the cession of the upper peninsula and with the Ottawa with
respect to the lower peninsula.
(4) A number of sites in both areas were used by both the
Ottawa and Chippewa Indians. The Ottawa and Chippewa Indians
were intermarried and there were villages composed of members
of both tribes.
(b) Purpose.--It is the purpose of this Act to provide for
the fair and equitable division of the judgment funds among
the beneficiaries and to provide the opportunity for the
tribes to develop plans for the use or distribution of their
share of the funds.
SEC. 3. DEFINITIONS.
For purposes of this Act the following definitions apply:
(1) The term ``judgment funds'' means funds appropriated in
full satisfaction of judgments made in the Indian Claims
Commission--
(A) reduced by an amount for attorneys fees and litigation
expenses; and
(B) increased by the amount of any interest accrued with
respect to such funds.
(2) The term ``dockets 18-E and 58 judgment funds'' means
judgment funds awarded in dockets numbered 18-E and 58 in
favor of the Ottawa and Chippewa Indians of Michigan.
(3) The term ``docket 364 judgment funds'' means the
judgment funds awarded in docket numbered 364 in favor of the
Ottawa and Chippewa Indians of Michigan.
(4) The term ``docket 18-R judgment funds'' means the
judgment funds awarded in docket numbered 18-R in favor of
the Sault Ste. Marie Band of Chippewa Indians.
(5) The term ``judgment distribution roll of descendants''
means the roll prepared pursuant to section 6.
(6) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 4. DIVISION OF FUNDS.
(a) Docket 18-E and 58 Judgment Funds.--The Secretary shall
divide the docket 18-E and 58 judgment funds as follows:
(1) The lesser of 13.5 percent and $9,253,104.47, and
additional funds as described in this section, for newly
recognized or reaffirmed tribes described in section 10 and
eligible individuals on the judgment distribution roll of
descendants.
(2) 34.6 percent to the Sault Ste. Marie Tribe of Chippewa
Indians of Michigan and the Bay Mills Indian Community, of
which--
(A) the lesser of 35 percent of the principal and interest
as of December 31, 1996, and $8,313,877 shall be for the Bay
Mills Indian Community; and
(B) the remaining amount (less $161,723.89 which shall be
added to the funds described in paragraph (1)) shall be for
the Sault Ste. Marie Tribe of Chippewa Indians of Michigan.
(3) 17.3 percent (less $161,723.89 which shall be added to
the funds described in paragraph (1)) to the Grand Traverse
Band of Ottawa and Chippewa Indians of Michigan.
(4) 17.3 percent (less $161,723.89 which shall be added to
the funds described in paragraph (1)) to the Little Traverse
Bay Bands of Odawa Indians of Michigan.
(5) 17.3 percent (less $161,723.89 which shall be added to
the funds described in paragraph (1)) to the Little River
Band of Ottawa Indians of Michigan.
(6) Any funds remaining after distribution pursuant to
paragraphs (1) through (5) shall be divided and distributed
to each of the recognized tribes listed in this subsection in
an amount which bears the same ratio to the amount so divided
and distributed as the distribution of judgment funds
pursuant to each of paragraphs (2) through (5) bears to the
total distribution under all such paragraphs.
(b) Docket 364 Judgment Funds.--The Secretary shall divide
the docket 364 judgment funds as follows:
(1) The lesser of 20 percent and $28,026.79 for newly
recognized or reaffirmed tribes described in section 10 and
eligible individuals on the judgment distribution roll of
descendants.
(2) 32 percent to the Sault Ste. Marie Tribe of Chippewa
Indians of Michigan and the Bay Mills Indian Community, of
which--
(A) 35 percent shall be for the Bay Mills Indian Community;
and
(B) the remaining amount shall be for the Sault Ste. Marie
Tribe of Chippewa Indians of Michigan.
(3) 16 percent to the Grand Traverse Band of Ottawa and
Chippewa Indians of Michigan.
(4) 16 percent to the Little Traverse Bay Bands of Odawa
Indians of Michigan.
(5) 16 percent to the Little River Band of Ottawa Indians
of Michigan.
(6) Any funds remaining after distribution pursuant to
paragraphs (1) through (5) shall be divided and distributed
to each of the recognized tribes listed in this subsection in
an amount which bears the same ratio to the amount so divided
and distributed as the distribution of judgment funds
pursuant to each of paragraphs (2) through (5) bears to the
total distribution under all such paragraphs.
(c) Docket 18-R Judgment Funds.--The Secretary shall divide
the docket 18-R judgment funds as follows:
(1) 65 percent to the Sault Ste. Marie Tribe of Chippewa
Indians of Michigan.
[[Page H9932]]
(2) 35 percent to the Bay Mills Indian Community.
(d) Amounts for Newly Recognized or Reaffirmed Tribes or
Individuals on the Judgment Distribution Roll of Descendants
Held in Trust.--Pending distribution under this Act to newly
recognized or reaffirmed tribes described in section 10 or
individuals on the judgment distribution roll of descendants,
the Secretary shall hold amounts referred to in subsections
(a)(1) and (b)(1) in trust.
SEC. 5. DEVELOPMENT OF TRIBAL PLANS FOR USE OR DISTRIBUTION
OF FUNDS.
(a) Disbursement of Funds.--(1) Except as provided in
paragraphs (2), (3), and (4), the Secretary shall disburse
each tribe's respective share of the judgment funds described
in subsections (a), (b), and (c) of section 4 not later than
30 days after a plan for use and distribution of such funds
has been approved in accordance with this section.
Disbursement of a tribe's share shall not be dependent upon
approval of any other tribe's plan.
(2) Section 7 shall be the plan for use and distribution of
the judgment funds described in subsections (a)(2)(A),
(b)(2)(A), and (c)(2) of section 4. Such plan shall be
approved upon the enactment of this Act and such funds shall
be distributed by the Secretary to the Bay Mills Indian
Community not later than 90 days after the date of the
enactment of this Act to be used and distributed in
accordance with section 7.
(3) Section 8 shall be the plan for use and distribution of
the judgment funds described in subsections (a)(2)(B),
(b)(2)(B), and (c)(1) of section 4. Such plan shall be
approved upon the enactment of this Act and such funds shall
be distributed by the Secretary to the Sault Ste. Marie Tribe
of Chippewa Indians of Michigan not later than 90 days after
the date of the enactment of this Act to be used and
distributed in accordance with section 8.
(4) Section 9 shall be the plan for use and distribution of
the judgment funds described in subsections (a)(3) and (b)(3)
of section 4. Such plan shall be approved upon the enactment
of this Act and such funds shall be distributed by the
Secretary to the Grand Traverse Band of Ottawa and Chippewa
Indians of Michigan, not later than 90 days after the date of
the enactment of this Act to be used and distributed in
accordance with section 9.
(b) Approval or Comment of Secretary.--(1) Except as
otherwise provided in this Act, each tribe shall develop a
plan for the use and distribution of its respective share of
the judgment funds. The tribe shall hold a hearing or general
membership meeting on its proposed plan. The tribe shall
submit to the Secretary its plan together with an
accompanying resolution of its governing body accepting such
plan, a transcript of its hearings or meetings in which the
plan was discussed with its general membership, any documents
circulated or made available to the membership on the
proposed plan, and comments from its membership received on
the proposed plan.
(2) Not later than 90 days after a tribe makes its
submission under paragraph (1), the Secretary shall--
(A) if the plan complies with the provisions of section
3(b) of the Indian Tribal Judgment Funds Use or Distribution
Act (25 U.S.C. 1403(b)), approve the plan; or
(B) if the plan does not comply with the provisions of
section 3(b) of the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1403(b)), return the plan to the
tribe with comments advising the tribe why the plan does not
comply with such provisions.
(c) Response by Tribe.--The tribe shall have 60 days after
receipt of comments under subsection (b)(2), or other time as
the tribe and the Secretary agree upon, in which to respond
to such comments and make such response by submitting a
revised plan to the Secretary.
(d) Submission to Congress.--(1) The Secretary shall,
within 45 days after receiving the governing body's comments
under subsection (c), submit a plan to Congress in accordance
with the provisions of section 3(b) of the Indian Tribal
Judgment Funds Use or Distribution Act (25 U.S.C. 1403(b)).
If the tribe does not submit a response pursuant to
subsection (c), the Secretary shall, not later than 45 days
after the end of the response time for such a response,
submit a plan to Congress in accordance with the provisions
of section 3(b) of the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1403(b)).
(2) If a tribe does not submit a plan to the Secretary
within 8 years of the date of enactment of this Act, the
Secretary shall approve a plan which complies with the
provisions of section 3(b) of the Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1403(b)).
(e) Governing Law After Approval by Secretary.--Once
approved by the Secretary under this Act, the effective date
of the plan and other requisite action, if any, is determined
by the provisions of section 5 of the Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1405).
(f) Hearings Not Required.--Notwithstanding section 3 and
section 4 of the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1403 and 25 U.S.C. 1404), the
Secretary shall not be required to hold hearings or submit
transcripts of any hearings held previously concerning the
Indian judgments which are related to the judgment funds. The
Secretary's submission of the plan pursuant to this Act shall
comply with section 4 of the Indian Tribal Judgment Funds Use
or Distribution Act (25 U.S.C. 1404).
SEC. 6. PREPARATION OF JUDGMENT DISTRIBUTION ROLL OF
DESCENDANTS.
(a) Preparation.--
(1) In general.--The Secretary shall prepare, in accordance
with parts 61 and 62 of title 25, Code of Federal
Regulations, a judgment distribution roll of all citizens of
the United States who--
(A) were born on or before the date of enactment of this
Act;
(B) were living on the date of the enactment of this Act;
(C) are of at least one-quarter Michigan Ottawa or Chippewa
Indian blood, or a combination thereof;
(D) are not members of the tribal organizations listed in
section 4;
(E) are lineal descendants of the Michigan Ottawa or
Chippewa bands or tribes that were parties to either the 1820
treaty (7 Stat. 207), the 1836 treaty (7 Stat. 491), or the
1855 treaty (11 Stat. 621);
(F) are lineal descendants of at least one of the groups
described in subsection (d); and
(G) are not described in subsection (e).
(2) Time limitations.--The judgment distribution roll of
descendants prepared pursuant to paragraph (1)--
(A) shall not be approved before 8 years after the date of
the enactment of this Act or a final determination has been
made regarding each petition filed pursuant to section 10,
whichever is earlier; and
(B) shall be approved not later than 9 years after the date
of the enactment of this Act.
(b) Applications.--Applications for inclusion on the
judgment distribution roll of descendants must be filed with
the superintendent, Michigan agency, Bureau of Indian
Affairs, Sault Ste. Marie, Michigan, not later than 1 year
after the date of enactment of this Act.
(c) Appeals.--Appeals arising under this section shall be
handled in accordance with parts 61 and 62 of title 25, Code
of Federal Regulations.
(d) Groups.--The groups referred to in subsection (a)(1)(F)
are Chippewa or Ottawa tribe or bands of--
(1) Grand River, Traverse, Grand Traverse, Little Traverse,
Maskigo, or L'Arbre Croche, Cheboigan, Sault Ste. Marie,
Michilmackinac; and
(2) any subdivisions of any groups referred to in paragraph
(1).
(e) Ineligible Individuals.--An individual is not eligible
under this section, if that individual--
(1) received benefits pursuant to the Secretarial Plan
effective July 17, 1983, for the use and distribution of
Potawatomi judgment funds;
(2) received benefits pursuant to the Secretarial Plan
effective November 12, 1977, for the use and distribution of
Saginaw Chippewa judgment funds;
(3) is a member of the Keweenaw Bay Chippewa Indian
Community of Michigan on the date of the enactment of this
Act;
(4) is a member of the Lac Vieux Desert Band of Lake
Superior Chippewa Indians on the date of the enactment of
this Act; or
(5) is a member of a tribe whose membership is
predominantly Potawatomi.
(f) Use of Horace B. Durant Roll.--In preparing the
judgment distribution roll of descendants under this section,
the Secretary shall refer to the Horace B. Durant Roll,
approved February 18, 1910, of the Ottawa and Chippewa Tribe
of Michigan, as qualified and corrected by other rolls and
records acceptable to the Secretary, including the Durant
Field Notes of 1908-1909 and the Annuity Payroll of the
Ottawa and Chippewa Tribe of Michigan approved May 17, 1910.
The Secretary may employ the services of the descendant group
enrollment review committees.
(g) Payment of Funds.--Subject to section 10, not later
than 90 days after the approval by the Secretary of the
judgment distribution roll of descendants prepared pursuant
to this section, the Secretary shall distribute per capita
the funds described in subsections (a)(1) and (b)(1) of
section 4 to the individuals listed on that judgment
distribution roll of descendants. Payment under this
section--
(1) to which a living, competent adult is entitled under
this Act shall be paid directly to that adult;
(2) to which a deceased individual is entitled under this
Act shall be paid to that individual's heirs and legatees
upon determination of such heirs and legatees in accordance
with regulations prescribed by the Secretary; and
(3) to which a legally incompetent individual or an
individual under 18 years of age is entitled under this Act
shall be paid in accordance with such procedures (including
the establishment of trusts) as the Secretary determines to
be necessary to protect and preserve the interests of that
individual.
SEC. 7. PLAN FOR USE AND DISTRIBUTION OF BAY MILLS INDIAN
COMMUNITY FUNDS.
(a) Tribal Land Trust.--(1) The Executive Council of the
Bay Mills Indian Community shall establish a nonexpendable
trust to be known as the ``Land Trust''. Not later than 60
days after receipt of the funds distributed to the Bay Mills
Indian Community pursuant to this Act, the Executive Council
of the Bay Mills Indian Community shall deposit 20 percent of
the share of the Bay Mills Indian Community into the Land
Trust.
(2) The Executive Council shall be the trustee of the Land
Trust and shall administer the Land Trust in accordance with
this section. The Executive Council may retain or hire a
professional trust manager and may pay the prevailing market
rate for such services. Such payment for services shall be
[[Page H9933]]
made from the current income accounts of the trust and
charged against earnings of the current fiscal year.
(3) The earnings generated by the Land Trust shall be used
exclusively for improvements on tribal land or the
consolidation and enhancement of tribal landholdings through
purchase or exchange. Any land acquired with funds from the
Land Trust shall be held as Indian lands are held.
(4) The principal of the Land Trust shall not be expended
for any purpose, including but not limited to, per capita
payment to members of the Bay Mills Indian Community.
(5) The Land Trust shall be maintained as a separate
account, which shall be audited at least once during each
fiscal year by an independent certified public accountant who
shall prepare a report on the results of such audit. Such
report shall be a public document, and shall be available for
inspection by any member of the Bay Mills Indian Community.
(6) Notwithstanding any other provision of law, the
approval of the Secretary of any payment from the Land Trust
shall not be required and the Secretary shall have no trust
responsibility for the investment, supervision,
administration, or expenditure of funds from the Land Trust.
(b) Land Claims Distribution Trust.--(1) The Executive
Council of the Bay Mills Indian Community shall establish a
nonexpendable trust to be known as the ``Land Claims
Distribution Trust Fund''. Not later than 60 days after
receipt of the funds distributed to the Bay Mills Indian
Community pursuant to this Act, the Executive Council of the
Bay Mills Indian Community shall deposit into the Land Claims
Distribution Trust Fund the principal funds which shall
consist of--
(A) amounts remaining of the funds distributed to the Bay
Mills Indian Community after distribution pursuant to
subsections (a) and (c);
(B) 10 percent of the annual earnings generated by the Land
Claims Distribution Trust Fund; and
(C) such other funds which the Executive Council chooses to
add to the Land Claims Distribution Trust Fund.
(2) The Executive Council shall be the trustee of the Land
Claims Distribution Trust Fund and shall administer the Land
Claims Distribution Trust Fund in accordance with this
section. The Executive Council may retain or hire a
professional trust manager and may pay for said services the
prevailing market rate. Such payment for services shall be
made from the current income accounts of the trust and
charged against earnings of the current fiscal year.
(3) 90 percent of the annual earnings of the Land Claims
Distribution Trust Fund shall be distributed on October 1 of
each year after the creation of the trust fund to any person
who--
(A) is enrolled as a member of the Bay Mills Indian
Community;
(B) is at least 55 years of age as of the annual
distribution date; and
(C)(i) has been enrolled as a member of the Bay Mills
Indian Community for a minimum of 25 years as of the annual
distribution date, or
(ii) was adopted as a member of the Bay Mills Indian
Community on or before June 30, 1996.
(4) In the event that a member of the Bay Mills Indian
Community who is eligible for payment under subsection
(b)(3), should die after preparation of the annual
distribution roll and prior to the October 1 distribution,
that individual's share for that year shall be provided to
the member's heirs at law.
(5) In the event that a member of the Bay Mills Indian
Community who is at least 55 years of age and who is eligible
for payment under subsection (b)(3), shall have a guardian
appointed for said individual, such payment shall be made to
the guardian.
(6) Under no circumstances shall any part of the principal
of the Land Claims Distribution Trust Fund be distributed as
a per capita payment to members of the Bay Mills Indian
Community, or used or expended for any other purpose by the
Executive Council.
(7) The Land Claims Distribution Trust Fund shall be
maintained as a separate account, which shall be audited at
least once during each fiscal year by an independent
certified public accountant who shall prepare a report on the
results of such audit. Such report shall be a public document
and shall be available for inspection by any member of the
Bay Mills Indian Community.
(8) Notwithstanding any other provision of law, the
approval of the Secretary of any payment from the Land Claims
Distribution Trust Fund shall not be required and the
Secretary shall have no trust responsibility for the
investment, supervision, administration, or expenditure of
the Fund.
(c) Land Claims Initial Payment.--As compensation to the
members of the Bay Mills Indian Community for the delay in
distribution of the judgment fund, payment shall be made by
the Executive Council within 30 days of receipt of the Bay
Mills Indian Community's share of the judgment fund from the
Secretary, as follows:
(1) The sum of $3,000 to each enrolled member of the Bay
Mills Indian Community living on the date of enactment of
this legislation, who has attained the age of 55 years, but
is less than 62 years of age, if that individual was adopted
into or a member of the Bay Mills Indian Community on or
before June 30, 1996.
(2) The sum of $5,000 to each enrolled member of the Bay
Mills Indian Community living on the date of enactment of
this legislation, who is at least 62 years of age and less
than and 70 years of age, if that individual was adopted into
or a member of the Bay Mills Indian Community on or before
June 30, 1996.
(3) The sum of $10,000 to each enrolled member of the Bay
Mills Indian Community living on the date of enactment of
this legislation, who is 70 years of age or older, if that
individual was adopted into or a member of the Bay Mills
Indian Community on or before June 30, 1996.
(d) Annual Payments From Land Claims Distribution Trust
Fund.--The Executive Council shall prepare the annual
distribution roll and ensure its accuracy prior to August 30
of each year prior to distribution. The distribution roll
shall identify each member of the Bay Mills Indian Community
who, on the date of distribution, will have attained the
minimum age and membership duration required for distribution
eligibility, as specified in subsection (b)(3). The number of
eligible persons in each age category defined in this
subsection, multiplied by the number of shares for which the
age category is entitled, added together for the 3
categories, shall constitute the total number of shares to be
distributed each year. On each October 1, the shares shall be
distributed as follows:
(1) Each member who is at least 55 years of age and less
than 62 years of age shall receive 1 share.
(2) Each member who is between the ages of 62 and 69 years
shall receive 2 shares.
(3) Each member who is 70 years of age or older shall
receive 3 shares.
SEC. 8. PLAN FOR USE OF SAULT STE. MARIE TRIBE OF CHIPPEWA
INDIANS OF MICHIGAN FUNDS.
(a) Self-Sufficiency Fund.
(1) The Sault Ste. Marie Tribe of Chippewa Indians of
Michigan (referred to in this section as the ``Sault Ste.
Marie Tribe''), through its board of directors, shall
establish a trust fund for the benefit of the Sault Ste.
Marie Tribe which shall be known as the ``Self-Sufficiency
Fund''. The principal of the Self-Sufficiency Fund shall
consist of--
(A) the Sault Ste. Marie Tribe's share of the judgment
funds transferred by the Secretary to the board of directors
pursuant to subsection (e);
(B) such amounts of the interest and other income of the
Self-Sufficiency Fund as the board of directors may choose to
add to the principal; and
(C) any other funds that the board of directors of the
Sault Ste. Marie Tribe chooses to add to the principal.
(2) The board of directors shall be the trustee of the
Self-Sufficiency Fund and shall administer the Fund in
accordance with the provisions of this section.
(b) Use of Principal.--
(1) The principal of the Self-Sufficiency Fund shall be
used exclusively for investments or expenditures which the
board of directors determines--
(A) are reasonably related to--
(i) economic development beneficial to the tribe; or
(ii) development of tribal resources;
(B) are otherwise financially beneficial to the tribe and
its members; or
(C) will consolidate or enhance tribal landholdings.
(2) At least one-half of the principal of the Self-
Sufficiency Fund at any given time shall be invested in
investment instruments or funds calculated to produce a
reasonable rate of return without undue speculation or risk.
(3) No portion of the principal of the Self-Sufficiency
Fund shall be distributed in the form of per capita payments.
(4) Any lands acquired using amounts from the Self-
Sufficiency Fund shall be held as Indian lands are held.
(c) Use of Self-Sufficiency Fund Income.--The interest and
other investment income of the Self-Sufficiency Fund shall be
distributed--
(1) as an addition to the principal of the Fund;
(2) as a dividend to tribal members;
(3) as a per capita payment to some group or category of
tribal members designated by the board of directors;
(4) for educational, social welfare, health, cultural, or
charitable purposes which benefit the members of the Sault
Ste. Marie Tribe; or
(5) for consolidation or enhancement of tribal lands.
(d) General Rules and Procedures.--
(1) The Self-Sufficiency Fund shall be maintained as a
separate account.
(2) The books and records of the Self-Sufficiency Fund
shall be audited at least once during each fiscal year by an
independent certified public accountant who shall prepare a
report on the results of such audit. Such report shall be
treated as a public document of the Sault Ste. Marie Tribe
and a copy of the report shall be available for inspection by
any enrolled member of the Sault Ste. Marie Tribe.
(e) Transfer of Judgment Funds to Self-Sufficiency Fund.--
(1) The Secretary shall transfer to the Self-Sufficiency
Fund the share of the funds which have been allocated to the
Sault Ste. Marie Tribe pursuant to section 4.
(2) Notwithstanding any other provision of law, after the
transfer required by paragraph (1) the approval of the
Secretary for any payment or distribution from the principal
or income of the Self-Sufficiency Fund shall not be required
and the Secretary shall have no trust responsibility for the
investment,
[[Page H9934]]
administration, or expenditure of the principal or income of
the Self-Sufficiency Fund.
(f) Lands Acquired Using Interest or Other Income of the
Self-Sufficiency Fund.--Any lands acquired using amounts from
interest or other income of the Self-Sufficiency Fund shall
be held in trust by the Secretary for the benefit of the
tribe.
SEC. 9. PLAN FOR USE OF GRAND TRAVERSE BAND OF OTTAWA AND
CHIPPEWA INDIANS OF MICHIGAN FUNDS.
(a) Land Claims Distribution Trust Fund.--(1) The share of
the Grand Traverse Band of Ottawa and Chippewa Indians of
Michigan (hereafter in this section referred to as the
``Band''), as determined pursuant to subsections (a)(3) and
(b)(3) of section 4, shall be deposited by the Secretary in a
nonexpendable trust fund to be established by the Tribal
Council of the Band to be known as the ``Land Claims
Distribution Trust Fund'' (hereafter in this section referred
to as the ``Trust Fund'').
(2) The principal of the Trust Fund shall consist of--
(A) the funds deposited into the Trust Fund by the
Secretary pursuant to this subsection;
(B) annual earnings of the Trust Fund which shall be
retained, and added to the principal; and
(C) such other funds as may be added to the Trust Fund by
action of the Tribal Council of the Band.
(b) Management of the Trust Fund.--The Tribal Council of
the Band shall be the trustee of the Trust Fund and shall
administer the Fund in accordance with this section. In
carrying out this responsibility, the Tribal Council may
retain or hire a professional trust manager and may pay the
prevailing market rate for such services. Such payment for
services shall be made from the current income accounts of
the Trust Fund and charged against the earnings of the fiscal
year in which the payment becomes due.
(c) Trust Fund as Loan Collateral.--(1) The Trust Fund
shall be used by the Band as collateral to secure a bank loan
equal to 80 percent of the principal of the Trust Fund at the
lowest interest rate then available. Such loan shall be used
by the Band to make a one-time per capita payment to all
eligible members.
(2) The loan secured pursuant to this subsection shall be
amortized by the earnings of the Trust Fund. The Tribal
Council of the Band shall have the authority to invest the
principal of the Trust Fund on market risk principles that
will ensure adequate payments of the debt obligation while at
the same time protecting the principal.
(d) Elders' Land Claim Distribution Trust Fund.--(1) Upon
the retirement of the loan obtained pursuant to subsection
(c), the Tribal Council shall establish the Grand Traverse
Band Elders' Land Claims Distribution Trust Fund (hereafter
in this section referred to as the ``Elders' Trust Fund'').
There shall be deposited into the Elders' Trust Fund the
principal and all accrued earnings that are in the Land
Claims Distribution Trust Fund on the date of retirement of
such loan.
(2) Upon establishment of the Elders' Trust Fund, the
Tribal Council of the Band shall make a one-time payment to
any person who is living on the date of the establishment of
the Elders' Trust Fund, and who was an enrolled member of the
Band for at least 2 years prior to, the date of the enactment
of this Act as follows:
(A) $500 for each member who has attained the age of 55
years, but is less than 62 years of age.
(B) $1,000 for each member who has attained the age of 62
years, but is less than 70 years of age.
(C) $2,500 for each member who is 70 years of age or older.
(3) After distribution pursuant to paragraph (2), the net
annual earnings of the Elders' Trust Fund shall be
distributed as follows:
(A) 90 percent shall be distributed on October 1 of each
year after the creation of the Elder's Trust Fund to all
living enrolled members of the Band who have attained the age
of 55 years upon such date, and who shall have been an
enrolled member of the Band for not less than 2 years upon
such date.
(B) 10 percent shall be added to the principal of the
Elders' Trust Fund.
(4) Distribution pursuant to paragraph (3)(A) shall be as
follows:
(A) One share for each person on the current annual Elders'
roll who has attained the age of 55 years, but is less than
62 years of age.
(B) Two shares for each person who has attained the age of
62 years, but is less than 70 years of age.
(C) Three shares for each person who is 70 years of age or
older.
(5) None of the funds in the Elders' Trust Fund shall be
distributed or expended for any purpose other than as
provided in this subsection.
(6) The Elders' Trust Fund shall be maintained as a
separate account, which shall be audited at least once during
each fiscal year by an independent certified public
accountant who shall prepare a report on the results of such
audit. Such report shall be reasonably available for
inspection by the members of the Band.
(7) The Tribal Council of the Band shall prepare an annual
Elders' distribution roll and ensure its accuracy prior to
August 30 of each year. The roll shall identify each member
of the Band who has attained the minimum age and membership
duration required for distribution eligibility pursuant to
paragraph (3)(A).
(e) General Provisions.--(1) In the event that a tribal
member eligible for a payment under this section shall die
after preparation of the annual distribution roll, but prior
to the distribution date, such payment shall be paid to the
estate of such member.
(2) In any case where a legal guardian has been appointed
for a person eligible for a payment under this section,
payment of that person's share shall be made to such
guardian.
(f) No Secretarial Responsibilities for Trust Fund.--The
Secretary shall have no trust responsibility for the
investment, supervision, administration, or expenditure of
the Land Claims Distribution Trust Fund or the Elders' Trust
Fund.
SEC. 10. PAYMENT TO NEWLY RECOGNIZED OR REAFFIRMED TRIBES.
(a) Eligibility.--In order to be eligible for tribal funds
under this Act, a tribe that is not federally recognized or
reaffirmed on the date of the enactment of this Act--
(1) must be a signatory to either the 1836 treaty (7 Stat.
491) or the 1855 treaty (11 Stat. 621);
(2) must have a membership that is predominantly Chippewa
and Ottawa;
(3) shall not later than 6 months after the date of the
enactment of this Act, submit to the Bureau of Indian Affairs
a letter of intent for Federal recognition if such a letter
is not on file with the Bureau of Indian Affairs; and
(4) shall not later than 3 years after the date of the
enactment of this Act, submit to the Bureau of Indian Affairs
a documented petition for Federal recognition if such a
petition is not on file with the Bureau of Indian Affairs.
(b) Distribution of Funds Allotted for Newly Recognized or
Reaffirmed Tribes.--Not later than 90 days after a tribe that
has submitted a timely petition pursuant to subsection (a) is
federally recognized or reaffirmed, the Secretary shall
segregate and hold in trust for such tribe, its respective
share of the funds described in sections 4(a)(1) and (b)(1),
$3,000,000 plus 30 percent of any income earned on the funds
described in section 4(a)(1) and (b)(1) up to the date of
such distribution.
(c) Distribution of Funds Allotted for Certain
Individuals.--If, after the date of the enactment of this Act
and before approval by the Secretary of the judgment
distribution roll of descendants, Congress or the Secretary
recognizes a tribe which has as a member an individual that
is listed on the judgment distribution roll of descendants as
approved pursuant to section 6, the Secretary shall, not
later than 90 days after the approval of such judgment
distribution roll of descendants, remove that individual's
name from the descendants roll and reallocate the funds
allotted for that individual to the fund established for such
newly recognized or reaffirmed tribe.
(d) Funds Subject to Plan.--Funds held in trust for a newly
recognized or reaffirmed tribe shall be subject to plans that
are approved in accordance with this Act.
(e) Determination of Membership in Newly Recognized or
Reaffirmed Tribe.--
(1) Submission of membership roll.--For purposes of this
section--
(A) if the tribe is acknowledged by the Secretary under
part 83 of title 25, Code of Federal Regulations, the
Secretary shall use the tribe's most recent membership list
provided under such part;
(B) unless otherwise provided by the statutes which
recognizes the tribe, if Congress recognizes a tribe, the
Secretary shall use the most recent membership list provided
to Congress. If no membership list is provided to Congress,
the Secretary shall use the most recent membership list
provided with the tribe's petition for acknowledgment under
part 83 of title 25, Code of Federal Regulations. If no such
list was provided to Congress or under such part, the newly
recognized tribe shall submit a membership list to the
Secretary before the judgment distribution roll of
descendants is approved or the judgment funds shall be
distributed per capita pursuant to section 6;
(C) a tribe that has submitted a membership roll pursuant
to this section may update its membership rolls not later
than 180 days before distribution pursuant to section 6.
(2) Failure to submit updated membership roll.--If a
membership list was not provided--
(A) to the Secretary, the Secretary will use the tribe's
most recent membership list provided to the Bureau of Indian
Affairs in their petition for Federal acknowledgment filed
under part 83 of title 25, Code of Federal Regulations,
unless otherwise provided in the statute which recognized the
tribe;
(B) to the Bureau of Indian Affairs, the newly recognized
or reaffirmed tribe shall submit a membership list before the
judgment distribution roll of descendants is approved by the
Secretary, unless otherwise provided in the statute which
recognized the tribe; and
(C) before the judgment distribution roll of descendants is
approved, the judgment funds shall be distributed per capita
pursuant to section 6.
SEC. 11. TREATMENT OF FUNDS IN RELATION TO OTHER LAWS.
The eligibility for or receipt of distributions under this
Act by a tribe or individual shall not considered as income,
resources, or otherwise when determining the eligibility for
or computation of any payment or other benefit to such tribe,
individual, or household under--
[[Page H9935]]
(1) any financial aid program of the United States,
including grants and contracts subject to the Indian Self-
Determination Act; or
(2) any other benefit to which such tribe, household, or
individual would otherwise be entitled under any Federal or
federally assisted program.
SEC. 12. TREATIES NOT AFFECTED.
No provision of this Act shall be construed to constitute
an amendment, modification, or interpretation of any treaty
to which a tribe mentioned in this Act is a party nor to any
right secured to such a tribe or to any other tribe by any
treaty.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey [Mr. Saxton] and the gentleman from Michigan [Mr. Kildee] each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey [Mr. Saxton].
Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 1604 will provide for the division, use and
distribution of judgment funds of the Ottawa and Chippewa Indians of
Michigan pursuant to the Indian Claims Commission dockets.
These judgment funds were appropriated by Congress years ago and have
been held by the Department of Interior for the beneficiaries. The
funds would be divided according to a formula included in H.R. 1604
between individuals and on judgment distribution rules of decedents to
be created by the Secretary of the Interior and 5 Michigan tribes.
Those portions of the funds to be distributed to each tribe shall be
disbursed after a plan for use and distribution by each tribe has been
approved by the Secretary of the Interior.
This is a good bill, it is fair. It has been approved by the tribes
with whom we have worked who are entitled to the distribution of money.
The Federal Government has delayed the distribution of these funds long
enough. It is now time to act, and I urge a ``yea'' vote.
Mr. Speaker, I reserve the balance of my time.
Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
(Mr. KILDEE asked and was given permission to revise and extend his
remarks.)
Mr. KILDEE. Mr. Speaker, the legislation before us today, the
Michigan Land Claims Settlement Act, will resolve a long-standing
injustice perpetrated against the Chippewa and Ottawa Indian Nations in
Michigan.
Over a century and a half ago, the Chippewa and Ottawa Tribes signed
a treaty in which the Michigan Indian Nations agreed to cede over 12
million acres of land to the Federal Government in exchange for a
series of annuities to be paid to the tribes. This land encompassed
most of the upper Lower Peninsula of Michigan and the eastern part of
the upper peninsula. The final compensation considered paid to these
tribes was approximately 15 cents an acre.
In 1948, the tribes filed suit with the Indian Claims Commission to
examine the fairness of compensation paid to the Michigan tribes. After
a thorough and exhaustive review, the Indian Claims Commission called
the 15 cents an acre payment an ``unconscionable consideration'' and
determined the tribes should have been given 90 cents an acre for their
land. In 1971, the tribes were awarded over $10 million by the Congress
to settle this lands claim.
These monies were placed in a trust fund that has been administered
by the BIA for the last 26 years. Today, that fund is worth over $74
million.
The legislation before us, Mr. Speaker, will allow these funds to be
distributed to the tribes. H.R. 1604 represents a negotiated compromise
between the Michigan tribes and descendency groups to finally bring
about the justice they so rightly deserve.
When the House Committee on Resources considered this bill, it was
passed by a voice vote. The administration is supportive of this bill,
and I am hopeful that the Senate will take it up before we adjourn this
year. I urge my colleagues to support this important legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. SAXTON. Mr. Speaker, I reserve the balance of my time.
Mr. KILDEE. Mr. Speaker, I yield such time as he may consume to the
gentleman from Michigan [Mr. Stupak].
Mr. STUPAK. Mr. Speaker, I thank the gentleman for yielding me this
time, since most of these lands were ceded in my district.
I just want to say I certainly endorse this proposal. I hope it will
be passed. It is long overdue. It has been a long time, 1971, this
money has been sitting here. I thank the chairman and the gentleman
from Michigan [Mr. Kildee], the ranking member, for all their hard work
in moving this legislation forward. It is a good, fair settlement. The
Native Americans are entitled to this money and I certainly strongly
support this legislation, and I thank the Members for assisting us in
getting to this stage here today.
Mr. YOUNG of Alaska, Mr. Speaker, I submit the following: section-by-
section analysis H.R. 1604, to provide for the division, use, and
distribution of judgment funds of the Ottawa and Chippewa Indians of
Michigan pursuant to dockets numbered 18-E, 58, 364, and 18-R before
the Indian Claims Commission.
section 1. table of contents
Section 1 of the bill provides the Table of Contents for
the Act.
section 2. findings: purpose
Subsection (a) contains various Congressional findings
relating to the Act. These findings specifically note that
judgments were rendered in the Indian Claims Commission in
dockets numbered 18-E, 58 and 364 in favor of the Ottawa and
Chippewa Indians of Michigan and in docket numbered 18-R in
favor of the Sault Ste. Marie Bank of Chippewa Indians. It
also notes that the funds Congress appropriated to pay these
judgments have been held by the U.S. Department of the
Interior pending a division of the fund in a manner
acceptable to the tribes and descendance group and pending
the development of plans for the use and distribution of the
respective tribe's share.
Subsection (b) states that the purpose of this Act is to
provide for a fair and equitable division of these judgment
funds among the beneficiaries and to allow the tribes to
develop plans for the use and distribution of their
respective shares of the funds.
section 3. definitions
This section defines the important terms used in the Act.
section 4. division of funds
Subsection (a) provides for the Secretary of the Interior's
division of the principal and interest generated by the funds
appropriated to pay the claims stemming from dockets 18-E and
58.
Paragraph (1) provides that the lesser of 13.5% or
$9,253,104.47 of the funds shall be paid to newly recognized
or reaffirmed tribes as well as individuals whose names are
found on the judgment distribution roll of descendants which
the Secretary of the Interior is mandated to develop pursuant
to section 6 of this Act.
Paragraph (2) states that the Bay Mills Indian Community
and the Sault Ste. Marie Tribe of Chippewa Indians shall each
receive a share of the next 34.6% of these monies. Of this
34.6%, the Bay Mills Indian Community shall receive the
lesser of 35% of the principal and interest as of December
31, 1997, or $8,313,877 and the Sault Ste. Marie Tribe of
Chippewa Indians shall receive the remaining amount minus
$161,723.89 that will be added to the funds described in
paragraph (1).
Paragraphs (3)-(5) provide that the Grand Traverse Band of
Ottawa and Chippewa Indians of Michigan, the Little Traverse
Bay Bands of Odawa Indians of Michigan and the Little River
Band of Ottawa Indians of Michigan shall each receive 17.3%
of the principal and interest, minus $161,723.89 from each
tribe to be added to the fund provided for in paragraph (1).
Paragraph (6) states that any funds remaining after the
aforementioned distributions are made shall be divided among
the recognized tribes listed in paragraphs (1)-(5) of this
section in an amount which bears the same ratio to the amount
so divided and distributed as the distribution of judgment
funds pursuant to each of subsections (1)-(5) above bears to
the total distribution under all such subsections.
Subsection (b) explains how the Secretary of the Interior
is to divide the principal and interest generated on the
funds appropriated to pay the claims stemming from docket
364.
Paragraph (1) provides that the lesser of 20% or $28,026.79
of the principal and interest shall be paid to the
individuals whose names are found on the judgment
distribution roll of descendants which the Secretary of the
Interior is mandated to develop pursuant to section 6 of this
Act.
Paragraph (2) states that the Bay Mills Indian Community
and the Sault Ste. Marie Tribe of Chippewa Indians shall each
receive a share of the next 32% of these monies. Of this 32%,
the Bay Mills Indian Community shall receive 35% and the
Sault Ste. Marie Tribe of Chippewa Indians shall receive the
remaining amount.
Paragraphs (3)-(5) provide that the Grand Traverse Band of
Ottawa and Chippewa Indians of Michigan, the Little Traverse
Bay Bands of Odawa Indians of Michigan and the Little River
Bank of Ottawa Indians of Michigan shall each receive 16% of
the principal and interest.
Paragraph (6) states that any funds remaining after the
aforementioned distributions are made shall be divided
between the recognized tribes listed in this subsection in an
amount which bears the same ratio to the
[[Page H9936]]
amount so divided and distributed as the distribution of
judgment funds pursuant to each of subsections (1)-(5) above
bears to the total distribution under all such subsections.
Subsection (c) provides for the Secretary of the Interior
to pay 65% of the principal and interest generated on the
funds appropriated to pay the claims stemming from docket 18-
R to the Sault Ste. Marie Tribe of Chippewa Indians of
Michigan and 35% to the Bay Mills Indian Community.
Subsection (d) requires the Secretary to hold all amounts
to be paid to the individuals whose names are found on the
judgment distribution roll of descendants, developed pursuant
to section 6 of this Act, in trust until those monies are
distributed to those individuals.
section 5. development of tribal plans for use or distribution of funds
Section 5 provides for the development of tribal plans for
the use and distribution of these judgment funds to the Bay
Mills Indian Community, the Sault Ste. Marie Tribe of
Chippewa Indians, the Grand Traverse Band of Ottawa and
Chippewa Indians of Michigan, the Little Traverse Bay Bands
of Odawa Indians of Michigan and the Little River Band of
Ottawa Indians of Michigan.
Paragraph (1) requires the Secretary to distribute the
funds allocated by this Act to the Grand Traverse Band of
Ottawa and Chippewa Indians of Michigan, the Little Traverse
Bay Bands of Odawa Indians of Michigan and the Little River
Band of Ottawa Indians of Michigan no later than 30 days
after each tribe submits and the Secretary approves a plan
for that tribe's use and distribution of its respective
share.
Paragraphs (2), (3) and (4) provide that the plans set
forth in sections 7, 8 and 9 of this Act detailing the Bay
Mills Indian Community's, the Sault Ste. Marie Tribe's, and
the Grand Traverse Band's use and distribution of their
respective shares of these judgment monies shall be deemed
approved by the enactment of this Act. It also requires the
Secretary to distribute the monies allocated to these tribes
no later than 90 days after the enactment of this Act and
requires the tribes to use these monies in the manner
provided by the aforementioned plans.
Subsection (b) describes the process that the Little
Traverse Bay Bands of Odawa Indians of Michigan, and the
Little River Band of Ottawa Indians of Michigan must
undertake to obtain the release of their respective shares of
these judgment funds. This subsection requires each tribe to
develop a plan for the use and distribution of its respective
share. It further requires the tribe to hold a hearing or
general membership meeting on that proposed plan and submit
that plan together with a tribal government resolution, a
transcription of its hearing or meeting on the plan, any
documents circulated or made available to the membership on
the plan, and the comments it received to the Secretary of
the Interior. It also establishes time-lines within which the
Secretary must act on the plans and the steps the Secretary
must take if a tribe does not submit a plan within eight
years of the date of enactment.
section 6. preparation of judgment distribution roll of descendants
Section 6 requires the Secretary to develop a judgment
distribution roll of descendants and details the procedures
that he must follow in performing that task. This roll must
be developed within nine years after the date of enactment of
this Act and in accordance with parts 61 and 62 of title 25,
of the Code of Federal Regulations. The roll shall consist of
the names of all citizens of the United States who were both
born and living on or before the date of enactment of this
Act and who are at least one-quarter Michigan Ottawa or
Chippewa Indian blood, or a combination thereof. This roll
shall not include persons who are members of one of the
tribes receiving judgment funds pursuant to section 4 of this
Act. The persons whose names are contained on this roll must
be lineal descendants whose Michigan Ottawa or Chippewa
ancestry is derived from the Chippewa and/or Ottawa Bands of
Cheboigon, Grand River, Traverse, Grand Traverse, Little
Traverse, Maskigo, L'Arbre Croche, Michilmackinac, Sault Ste.
Marie, or any Ottawa or Chippewa subdivisions of any of these
groups. The Secretary shall also exclude from this roll
the names of persons who are deemed ineligible under
subsection (e).
In preparing this roll of descendants, the Secretary shall
refer to the Horace B. Durant Roll, approved February 18,
1910, of the Ottawa or Chippewa Tribe of Michigan, as that
roll has been qualified and corrected by other rolls and
records acceptable to the Secretary, including the Durant
Field Notes of 1908-1909 and the Annuity Payroll of the
Ottawa or Chippewa Tribe of Michigan approved May 17, 1910.
The Secretary is authorized to employ the services of
descendant group enrollment review committees to assist in
this effort.
section 7. plan for use and distribution of bay mills indian community
funds
The section establishes an approved plan for the Bay Mills
Indian Community's use of its share of the judgment funds.
Specifically the section authorizes the establishment of two
tribal trust funds, a ``Land Trust'' which shall be used
exclusively for the improvement of current and future tribal
lands and the consolidation of the tribal land base, and a
``Land Claims Distribution Trust'' which shall be used to
assist Bay Mills Members over the age of 55. Both funds shall
be administered by the Bay Mills Executive Council. The
Secretary of the Interior shall have no trust responsibility
for the investment, supervision, administration or
expenditure of the funds once they are transferred to these
tribal accounts. The funds are, however, subject to an annual
audit and the auditor's report must be made available for
inspection by any member of the tribe.
section 8. plan for use of sault ste. marie tribe of chippewa indians
of michigan funds
This section establishes an approved plan for the Sault
Ste. Marie Tribe's use of its share of the judgment funds.
Specifically it authorizes the tribe to establish a ``Self-
Sufficiency'' trust fund for the benefit of the tribe. This
fund is administered by the tribe's board of directors. The
principal of this fund must be used exclusively for
investments or expenditures which the board determines are
financially beneficial to the tribe, reasonably related to
economic development, for the development of tribal
resources, or for the consolidation or enhancement of tribal
land holdings. The income produced by the fund can be used in
one of five ways. It can be added to the fund's principal, it
can be distributed as a dividend to tribal members, it can be
distributed as per capita payment to some group or category
of tribal members, or it can be used for educational, social
welfare, health, cultural, or charitable purposes which
benefit the tribe's members, or it can be used to purchase or
exchange land to consolidate or enhance the tribal land
holdings. All lands so acquired shall be held as Indian lands
are held. The fund must be maintained as a separate account
and shall be subject to an audit by a certified public
accountant at least once a year. The Secretary of the
Interior must transfer the tribe's share of said judgment
funds directly into this fund and the approval of the
Secretary shall not be required for any payment or
distribution from the principal or income of the fund, nor
shall the Secretary have any trust responsibility for the
investment, supervision, administration, or expenditure of
the funds it contains.
section 9. plan for use of grand traverse band of ottawa and chippewa
indians of michigan funds
Section 9 of the bill authorizes the Secretary to deposit
the total share of the Grand Traverse Band, as determined in
section 4(a)(3) and section 4(b)(3), into a ``Land Claims
Distribution Trust Fund'' to be established by the Band. The
Band is empowered to use such funds as collateral for a loan
in the amount of 80% of the share. The proceeds of this loan
would be used by the Band to make a per capita payment to its
members. The annual earnings of the Trust Fund, less amounts
for administration, would be used to amortize the loan.
As soon as the loan was repaid from the proceeds of the
Trust Fund, the Band would create a new trust fund to be
known as the ``Elders Land Claims Distribution Trust Fund.''
The principal and accrued earnings remaining in the first
fund would then be deposited in the Elders' Trust Fund.
Thereafter, 90% of the earnings of the Elders' Trust Fund
would be used by the Band to make supplementary income
payments to their elderly members. The remaining 10% of the
earnings would be added to the principal of the Elders' Trust
Fund each year.
section 10. payment to newly recognized or reaffirmed tribes
This section requires the Secretary to distribute the funds
in section 4(a)(1) of this Act to the persons listed on the
judgment distribution roll of descendants and to the newly
recognized or reaffirmed tribes. This roll shall be prepared
pursuant to section 6 of this Act. Upon federal recognition
or reaffirmation, each tribe will receive a minimum of $3
million or more as called for in this section. The per capita
payments are to be made directly to each living competent
adult. However, if a person entitled to receive these funds
is deceased, the funds shall be paid to that individual's
heirs or legatees in accordance with the regulations
prescribed by the Secretary. If a person entitled to a share
of these funds is legally incompetent or is under the age of
18 years, the funds shall be paid in accordance with the
procedures which the Secretary determines are necessary to
protect and preserve the person's interests.
Subsection 10(c) provides that if, after the date of
enactment of this Act, but before the Secretary's approval of
the judgment distribution roll of descendants, a tribe is
recognized, Congressionally or by the Secretary, which
includes one or more individuals whose names are on the
judgment distribution roll of descendants, the funds allotted
for that individual shall be held in trust for that newly
recognized or affirmed tribe. These funds shall then be
subject to a plan approved in accordance with this Act.
Subsection 10(e) provides criteria to be used by the
Secretary in determining whether one of more persons whose
names are contained on the judgment distribution roll of
descendants is included in a newly recognized tribe.
Subsection 10(e)(1)(A) provides that if the tribe is
acknowledged by the Secretary under part 83 of title 25 of
the Code of Federal Regulations, the Secretary shall use the
tribe's most recent membership list provided under that part.
If a tribe is recognized by Congress, the Secretary shall use
the most recent membership list provided to Congress, unless
the recognition statute otherwise provides. If the tribe did
not submit a membership list to Congress, the Secretary shall
use
[[Page H9937]]
the most recent membership list it was provided under part 83
of title 25 of the Code of Federal Regulations. If none of
these lists were provided, the newly recognized tribe shall
submit a membership list to the Secretary before the judgment
fund distribution roll of descendants is approved. If it
fails to do so, its share of the funds will be distributed to
the individuals named on the judgment fund distribution roll
of descendants.
Subsection 10(e)(2) provides that if a membership list was
not provided to the Secretary, the Secretary will use the
tribe's most recent membership list provided to the Bureau of
Indian Affairs in their petition for federal acknowledgment
filed under part 83, of title 25 of the Code of Federal
Regulations, unless the statute which recognized the tribe
provides otherwise. If the Bureau of Indian Affairs was not
provided a membership list, the tribe must submit a
membership list to the Secretary before the judgment
distribution is approved, unless the statute which recognized
the tribe provides otherwise. If the tribe fails to provide
either of these lists before the judgment distribution roll
of descendants is approved, the judgment funds are to be
distributed per capita as provided for in section 9 of this
Act.
section 11. treatment of funds in relation to other laws
Section 11 provides that an individual's or tribe's
eligibility or receipt of distributions under this Act shall
not be considered as income, resources, or otherwise when
determining that tribe's or individual's eligibility for or
computation of any payment or other benefit under any
financial aid program of the United States, including grants
and contracts subject to the Indian Self-Determination Act
and any other benefit to which such tribe, household, or
individual would otherwise be entitled under any federal or
federally assisted program.
section 12. treaties not affected
This section makes it clear that no provision of the Act
shall be construed to constitute an amendment, modification,
or interpretation of any treaty to which a tribe mentioned in
the Act is a party, nor to any right secured to such a tribe,
or to any other tribe by any treaty.
Mr. KILDEE. Mr. Speaker, I yield back the balance of my time.
Mr. SAXTON. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey [Mr. Saxton] that the House suspend the rules
and pass the bill, H.R. 1604, as amended.
The question was taken.
Mr. SAXTON. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________