[Congressional Record Volume 148, Number 103 (Thursday, July 25, 2002)]
[Senate]
[Pages S7374-S7378]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 2799. A bill to provide for the use of and distribution of certain 
funds

[[Page S7375]]

awarded to the Gila River Pima-Maricopa Indian Community, and for other 
purposes; to the Committee on Indian Affairs.
  Mr. McCAIN. Madam President, I rise to introduce legislation to 
authorize the distribution of judgement funds to eligible tribal 
members of the Gila River Indian Community in Arizona. Representative 
Hayworth recently introduced companion legislation in the House of 
Representatives.
  The Gila River Indian Community Judgement Fund Distribution Act 
resolves two half-century old claims by the Gila River tribe against 
the United States for failure to meet Federal obligations to protect 
the Community's use of water from the Gila River and Salt River in 
Arizona. The original complaint was filed before the Indian Claims 
Commission on August 8, 1951. In 1982, the United States Court of 
Claims confirmed liability of the United States to the Community, and 
recently the settlement of these two claims was determined to be seven 
million dollars.
  So much time has passed that the Indian Claims Commission formerly in 
charge of fund distributions no longer exists. However, a debt does not 
disappear. The judgement award has since been transferred from the 
Indian Claims Commission to a trust account on behalf of the Community, 
managed by the Office of Trust Management at the Department of 
Interior.
  This judgement award was certified by the Treasury Department on 
October 6, 1999 for the final portion of the litigation to the two 
remaining dockets of the Gila River Indian Community. Since that time, 
the Community has been working with the BIA in an attempt to finalize a 
use and distribution plan to submit to Congress for approval. As 
outlined in its plan, the Community has decided to distribute the 
judgement award equally to eligible tribal members.
  I ask unanimous consent to print the tribal resolution approved by 
the Gila River Indian Community in support of this payment plan in the 
Record.
  There being no objection, the resolution was ordered to be printed in 
the Record, as follows:

                Gila River Indian Community, Sacaton, AZ

  Resolution GR-30-01--a resolution to approve a payment plan for the 
      distribution of funds awarded under dockets 236-C and 236-D

       Whereas, the Gila River Indian Community (the 
     ``Community'') and the United States have been involved in 
     litigation regarding Docket 236 since August 8, 1951 and two 
     of the original fourteen dockets, Docket 236-C and Docket 
     236-D, remain to be resolved as to distribution;
       Whereas, Docket 236-C sought monetary compensation from the 
     United States for its failure to engage in fair and honorable 
     dealings through failure to carry out its obligation to 
     protect the Community's use of water from the Gila River;
       Whereas, Docket 236-D sought monetary compensation from the 
     United States for its failure to engage in fair and honorable 
     dealings through failure to carry out its obligations to 
     protect the Community's use of water from the Salt River;
       Whereas, in Gila River Pima-Maricopa Indian Community v. 
     U.S. 29 Ind. C1.Comm. 144. (1972), the Indian Claims 
     Commission held that the United States, as trustee, was 
     liable towards its beneficiary, the Community, as to the 
     Docket 236-C claims:
       Whereas, in Gila River Pima-Maricopa Indian Community v. 
     U.S., 684 F.2d 852 (1982), the United States Court of Claims 
     held that the United States, as trustee, was liable toward 
     its beneficiary, the Community, as to the Docket 236-D 
     claims;
       Whereas, with approval by the Community under Resolution 
     GR-98-98, the Community entered into a settlement of Docket 
     236-C and Docket 236-D with the United States on April 27, 
     1999 regarding the amount of liability for the sum of Seven 
     Million Dollars ($7,000,000.00);
       Whereas, on May 5, 1999, the United States certified the 
     judgment for the Community, which allowed payment to be made 
     into the trust account on behalf of the Gila River Indian 
     Community and which such payment was made into the trust 
     account managed by the Office of Trust Funds Management in 
     Albuquerque, New Mexico and is accruing interest;
       Whereas, the Indian Judgment Funds Act of October 19, 1973, 
     87 Stat. 466, as amended and implemented by 25 CFR Part 87, 
     requires the Secretary of the Interior to submit a plan of 
     distribution for docket funds to the United States Congress; 
     and
       Whereas, the Community had developed the attached plan of 
     distribution, entitled ``Plan for the Use of the Gila River 
     Indian Community Indian Judgment Funds in Docket 236-C and 
     Docket 236-D before the United States Court of Federal 
     Claims'' (the ``Plan of Distribution''), to be submitted to 
     the Secretary of the Interior for consideration and approval. 
     Now, therefore be it
       Resolved, That the Gila River Indian Community Council 
     adopts and approves the attached Plan of Distribution, be it 
     further
       Resolved, That the Governor, or in the Governor's absence 
     the Lieutenant Governor, is authorized and directed to submit 
     the attached Plan of Distribution to the Secretary of the 
     Interior for approval, be it finally
       Resolved, That the Governor, or in the Governor's absence 
     the Lieutenant Governor, is authorized and directed to 
     execute and sign necessary documents to fulfill the intent of 
     this Resolution.

  The purpose of this legislation is to comply with Federal regulations 
which requires congressional approval for distribution of judgment 
funds to tribal members. The terms of the legislation reflect an 
agreement by all parties for a distribution plan for final approval by 
the Congress. As part of this legislation, the BIA is also seeking to 
resolve remaining expert assistance loans by the Gila River Indian 
Community, the Oglala Sioux Tribe, and the Seminole Tribe of Florida, 
as originally authorized by the Indian Claims Commission.
  Members of the Gila River Indian Community have waited half a century 
for final resolution of all their legal claims regarding this matter. 
After considerable delay, it is only fair to resolve this matter and 
provide compensation as soon as possible. With the short time remaining 
in this session, I hope that the Senate will act quickly to move this 
legislation through the process.
  I ask unanimous consent to print the text of the bill and a section-
by-section summary in the Record.
  There being no objection, the additional material was ordered to be 
printed in the Record, as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Gila River 
     Indian Community Judgment Fund Distribution Act of 2002''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

             TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION

Sec. 101. Distribution of judgment funds.
Sec. 102. Responsibility of Secretary; applicable law.

     TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS

Sec. 201. Plan for use and distribution of judgment funds awarded in 
              Docket No. 228.
Sec. 202. Plan for use and distribution of judgment funds awarded in 
              Docket No. 236-N.

                   TITLE III--EXPERT ASSISTANCE LOANS

Sec. 301. Waiver of repayment of expert assistance loans to certain 
              Indian tribes.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) on August 8, 1951, the Gila River Indian Community 
     filed a complaint before the Indian Claims Commission in Gila 
     River Pima-Maricopa Indian Community v. United States, Docket 
     No. 236, for the failure of the United States to carry out 
     its obligation to protect the use by the Community of water 
     from the Gila River and the Salt River in the State of 
     Arizona;
       (2) except for Docket Nos. 236-C and 236-D, which remain 
     undistributed, all 14 original dockets under Docket No. 236 
     have been resolved and distributed;
       (3) in Gila River Pima-Maricopa Indian Community v. United 
     States, 29 Ind. Cl. Comm. 144 (1972), the Indian Claims 
     Commission held that the United States, as trustee, was 
     liable to the Community with respect to the claims made in 
     Docket No. 236-C;
       (4) in Gila River Pima-Maricopa Indian Community v. United 
     States, 684 F.2d 852 (1982), the United States Claims Court 
     held that the United States, as trustee, was liable to the 
     Community with respect to the claims made in Docket No. 236-
     D;
       (5) with the approval of the Community under Community 
     Resolution GR-98-98, the Community entered into a settlement 
     with the United States on April 27, 1999, for claims made 
     under Dockets Nos. 236-C and 236-D for an aggregate total of 
     $7,000,000;
       (6) on May 3, 1999, the United States Court of Federal 
     Claims ordered that a final judgment be entered in 
     consolidated Dockets Nos. 236-C and 236-D for $7,000,000 in 
     favor of the Community and against the United States;
       (7)(A) on October 6, 1999, the Department of the Treasury 
     certified the payment of $7,000,000, less attorney fees, to 
     be deposited in a trust account on behalf of the Community; 
     and
       (B) that payment was deposited in a trust account managed 
     by the Office of Trust Funds Management of the Department of 
     the Interior; and
       (8) in accordance with the Indian Tribal Judgment Funds Use 
     or Distribution Act (25

[[Page S7376]]

     U.S.C. 1401 et seq.), the Secretary is required to submit an 
     Indian judgment fund use or distribution plan to Congress for 
     approval.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Adult.--The term ``adult'' means an individual who--
       (A) is 18 years of age or older as of the date on which the 
     payment roll is approved by the Community; or
       (B) will reach 18 years of age not later than 30 days after 
     the date on which the payment roll is approved by the 
     Community.
       (2) Community.--The term ``Community'' means the Gila River 
     Indian Community.
       (3) Community-owned funds.--The term ``Community-owned 
     funds'' means--
       (A) funds held in trust by the Secretary as of the date of 
     enactment of this Act that may be made available to make 
     payments under section 101; or
       (B) revenues held by the Community that are derived from 
     Community-owned enterprises.
       (4) IIM account.--The term ``IIM account'' means an 
     individual Indian money account.
       (5) Judgment funds.--The term ``judgment funds'' means the 
     aggregate amount awarded to the Community by the Court of 
     Federal Claims in Dockets Nos. 236-C and 236-D.
       (6) Legally incompetent individual.--The term ``legally 
     incompetent individual'' means an individual who has been 
     determined to be incapable of managing his or her own affairs 
     by a court of competent jurisdiction.
       (7) Minor.--The term ``minor'' means an individual who is 
     not an adult.
       (8) Payment roll.--The term ``payment roll'' means the list 
     of eligible, enrolled members of the Community who are 
     eligible to receive a payment under section 101(a), as 
     prepared by the Community under section 101(b).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

             TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION

     SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS.

       (a) Per Capita Payments.--Notwithstanding the Indian Tribal 
     Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et 
     seq.) or any other provision of law (including any regulation 
     promulgated or plan developed under such a law), the amounts 
     paid in satisfaction of an award granted to the Gila River 
     Indian Community in Dockets Nos. 236-C and 236-D before the 
     United States Court of Federal Claims, less attorney fees and 
     litigation expenses and including all accrued interest, shall 
     be distributed in the form of per capita payments (in amounts 
     as equal as practicable) to all eligible enrolled members of 
     the Community.
       (b) Preparation of Payment Roll.--
       (1) In general.--The Community shall prepare a payment roll 
     of eligible, enrolled members of the Community that are 
     eligible to receive payments under this section in accordance 
     with the criteria described in paragraph (2).
       (2) Criteria.--
       (A) Individuals eligible to receive payments.--Subject to 
     subparagraph (B), the following individuals shall be eligible 
     to be listed on the payment roll and eligible to receive a 
     per capita payment under subsection (a):
       (i) All enrolled Community members who are eligible to be 
     listed on the per capita payment roll that was approved by 
     the Secretary for the distribution of the funds awarded to 
     the Community in Docket No. 236-N (including any individual 
     who was inadvertently omitted from that roll).
       (ii) All enrolled Community members who are living on the 
     date of enactment of this Act.
       (iii) All enrolled Community members who died--

       (I) after the effective date of the payment plan for Docket 
     No. 236-N; but
       (II) on or before the date of enactment of this Act.

       (B) Individuals ineligible to receive payments.--The 
     following individuals shall be ineligible to be listed on the 
     payment roll and ineligible to receive a per capita payment 
     under subsection (a):
       (i) Any individual who, before the date on which the 
     Community approves the payment roll, relinquished membership 
     in the Community.
       (ii) Any minor who relinquishes membership in the 
     Community, or whose parent or legal guardian relinquishes 
     membership on behalf of the minor, before the date on which 
     the minor reaches 18 years of age.
       (iii) Any individual who is disenrolled by the Community 
     for just cause (such as dual enrollment or failure to meet 
     the eligibility requirements for enrollment).
       (iv) Any individual who is determined or certified by the 
     Secretary to be eligible to receive a per capita payment of 
     funds relating to a judgment--

       (I) awarded to another community, Indian tribe, or tribal 
     entity; and
       (II) appropriated on or before the date of enactment of 
     this Act.

       (v) Any individual who is not enrolled as a member of the 
     Community on or before the date that is 90 days after the 
     date of enactment of this Act.
       (c) Notice to Secretary.--On approval by the Community of 
     the payment roll, the Community shall submit to the Secretary 
     a notice that indicates the total number of individuals 
     eligible to share in the per capita distribution under 
     subsection (a), as expressed in subdivisions that reflect--
       (1) the number of shares that are attributable to eligible 
     living adult Community members; and
       (2) the number of shares that are attributable to deceased 
     individuals, legally incompetent individuals, and minors.
       (d) Information Provided to Secretary.--The Community shall 
     provide to the Secretary enrollment information necessary to 
     allow the Secretary to establish--
       (1) estate accounts for deceased individuals described in 
     subsection (c)(2); and
       (2) IIM accounts for legally incompetent individuals and 
     minors described in subsection (c)(2).
       (e) Disbursement of Funds.--
       (1) In general.--Not later than 30 days after the date on 
     which the payment roll is approved by the Community and the 
     Community has reconciled the number of shares that belong in 
     each payment subdivision described in subsection (c), the 
     Secretary shall disburse to the Community the funds necessary 
     to make the per capita distribution under subsection (a) to 
     eligible living adult members of the Community described in 
     subsection (c)(1).
       (2) Administration and distribution.--On disbursement of 
     the funds under paragraph (1), the Community shall bear sole 
     responsibility for administration and distribution of the 
     funds.
       (f) Shares of Deceased Individuals.--
       (1) In general.--The Secretary, in accordance with 
     regulations promulgated by the Secretary and in effect as of 
     the date of enactment of this Act, shall distribute to the 
     appropriate heirs and legatees of deceased individuals 
     described in subsection (c)(2) the per capita shares of those 
     deceased individuals.
       (2) Absence of heirs and legatees.--If the Secretary and 
     the Community make a final determination that a deceased 
     individual described in subsection (c)(2) has no heirs or 
     legatees, the per capita share of the deceased individual and 
     the interest earned on that share shall--
       (A) revert to the Community; and
       (B) be deposited into the general fund of the Community.
       (g) Shares of Legally Incompetent Individuals.--
       (1) In general.--The Secretary shall deposit the shares of 
     legally incompetent individuals described in subsection 
     (c)(2) in supervised IIM accounts.
       (2) Administration.--The IIM accounts described in 
     paragraph (1) shall be administered in accordance with 
     regulations and procedures established by the Secretary and 
     in effect as of the date of enactment of this Act.
       (h) Shares of Minors.--
       (1) In general.--The Secretary shall deposit the shares of 
     minors described in subsection (c)(2) in supervised IIM 
     accounts.
       (2) Administration.--
       (A) In general.--The Secretary shall hold the per capita 
     share of a minor described in subsection (c)(2) in trust 
     until such date as the minor reaches 18 years of age.
       (B) Nonapplicable law.--Section 3(b)(3) of the Indian 
     Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
     1403(b)(3)) shall not apply to any per capita share of a 
     minor that is held by the Secretary under this Act.
       (C) Disbursement.--No judgment funds, nor any interest 
     earned on judgment funds, shall be disbursed from the account 
     of a minor described in subsection (c)(2) until such date as 
     the minor reaches 18 years of age.
       (i) Payment of Eligible Individuals Not Listed on Payment 
     Roll.--
       (1) In general.--An individual who is not listed on the 
     payment roll, but is eligible to receive a payment under this 
     Act, as determined by the Community, may be paid from any 
     remaining judgment funds after the date on which--
       (A) the Community makes the per capita distribution under 
     subsection (a); and
       (B) all appropriate IIM accounts are established under 
     subsections (g) and (h).
       (2) Insufficient funds.--If insufficient judgment funds 
     remain to cover the cost of a payment described in paragraph 
     (1), the Community may use Community-owned funds to make the 
     payment.
       (3) Minors, legally incompetent individuals, and deceased 
     individuals.--In a case in which a payment described in 
     paragraph (2) is to be made to a minor, a legally incompetent 
     individual, or a deceased individual, the Secretary--
       (A) is authorized to accept and deposit funds from the 
     payment in an IIM account or estate account established for 
     the minor, legally incompetent individual, or deceased 
     individual; and
       (B) shall invest those funds in accordance with applicable 
     law.
       (j) Use of Residual Funds.--On request by the Community, 
     any judgment funds remaining after the date on which the 
     Community completes the per capita distribution under 
     subsection (a) and makes any appropriate payments under 
     subsection (i) shall be disbursed to, and deposited in the 
     general fund of, the Community.
       (k) Nonapplicability of Certain Law.--Notwithstanding any 
     other provision of law, the Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.) shall not apply to Community-owned funds 
     used by the Community to make payments under subsection (i).

     SEC. 102. RESPONSIBILITY OF SECRETARY; APPLICABLE LAW.

       (a) Responsibility for Funds--After the date on which funds 
     are disbursed to the Community under section 101(e)(1), the 
     United States and the Secretary shall have

[[Page S7377]]

     no trust responsibility for the investment, supervision, 
     administration, or expenditure of the funds disbursed.
       (b) Deceased and Legally Incompetent Individuals.--Funds 
     subject to subsections (f) and (g) of section 101 shall 
     continue to be held in trust by the Secretary until the date 
     on which those funds are disbursed under this Act.
       (c) Applicability of Other Law.--Except as otherwise 
     provided in this Act, all funds distributed under this Act 
     shall be subject to sections 7 and 8 of the Indian Tribal 
     Judgment Funds Use or Distribution Act (25 U.S.C. 1407, 
     1408).

     TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS

     SEC. 201. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS 
                   AWARDED IN DOCKET NO. 228.

       (a) Definition of Plan.--In this section, the term ``plan'' 
     means the plan for the use and distribution of judgment funds 
     awarded to the Community in Docket No. 228 of the United 
     States Claims Court (52 Fed. Reg. 6887 (March 5, 1987)), as 
     modified in accordance with Public Law 99-493 (100 Stat. 
     1241).
       (b) Conditions.--Notwithstanding any other provision of 
     law, the Community shall modify the plan to include the 
     following conditions with respect to funds distributed under 
     the plan:
       (1) Applicability of Other Law Relating to Minors.--Section 
     3(b)(3) of the Indian Tribal Judgment Funds Use or 
     Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to 
     any per capita share of a minor that is held, as of the date 
     of enactment of this Act, by the Secretary.
       (2) Share of minors in trust.--The Secretary shall hold a 
     per capita share of a minor described in paragraph (1) in 
     trust until such date as the minor reaches 18 years of age.
       (3) Disbursal of funds for minors.--No judgment funds, nor 
     any interest earned on judgment funds, shall be disbursed 
     from the account of a minor described in paragraph (1) until 
     such date as the minor reaches 18 years of age.
       (4) Use of remaining judgment funds.--On request by the 
     governing body of the Community, as manifested by the 
     appropriate tribal council resolution, any judgment funds 
     remaining after the date of completion of the per capita 
     distribution under section 101(a) shall be disbursed to, and 
     deposited in the general fund of, the Community.

     SEC. 202. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS 
                   AWARDED IN DOCKET NO. 236-N.

       (a) Definition of Plan.--In this section, the term ``plan'' 
     means the plan for the use and distribution of judgment funds 
     awarded to the Community in Docket No. 236-N of the United 
     States Court of Federal Claims (59 Fed. Reg. 31092 (June 16, 
     1994)).
       (b) Conditions.--
       (1) Per capita aspect.--Notwithstanding any other provision 
     of law, the Community shall modify the last sentence of the 
     paragraph under the heading ``Per Capita Aspect'' in the plan 
     to read as follows: ``Upon request from the Community, any 
     residual principal and interest funds remaining after the 
     Community has declared the per capita distribution complete 
     shall be disbursed to, and deposited in the general fund of, 
     the Community.''.
       (2) General provisions.--Notwithstanding any other 
     provision of law, the Community shall--
       (A) modify the third sentence of the first paragraph under 
     the heading ``General Provisions'' of the plan to strike the 
     word ``minors''; and
       (B) insert between the first and second paragraphs under 
     that heading the following:

     ``Section 3(b)(3) of the Indian Tribal Judgment Funds Use or 
     Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to 
     any per capita share of a minor that is held, as of the date 
     of enactment of the Gila River Indian Community Judgment Fund 
     Distribution Act of 2002, by the Secretary. The Secretary 
     shall hold a per capita share of a minor in trust until such 
     date as the minor reaches 18 years of age. No judgment funds, 
     or any interest earned on judgment funds, shall be disbursed 
     from the account of a minor until such date as the minor 
     reaches 18 years of age.''.

                   TITLE III--EXPERT ASSISTANCE LOANS

     SEC. 301. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO 
                   CERTAIN INDIAN TRIBES.

       (a) Gila River Indian Community.--Notwithstanding any other 
     provision of law--
       (1) the balance of all outstanding expert assistance loans 
     made to the Community under Public Law 88-168 (77 Stat. 301) 
     and relating to Gila River Indian Community v. United States 
     (United States Court of Federal Claims Docket Nos. 228 and 
     236 and associated subdockets) are canceled; and
       (2) the Secretary shall take such action as is necessary--
       (A) to document the cancellation of loans under paragraph 
     (1); and
       (B) to release the Community from any liability associated 
     with those loans.
       (b) Oglala Sioux Tribe.--Notwithstanding any other 
     provision of law--
       (1) the balances of all outstanding expert assistance loans 
     made to the Oglala Sioux Tribe under Public Law 88-168 (77 
     Stat. 301) and relating to Oglala Sioux Tribe v. United 
     States (United States Court of Federal Claims Docket No. 117 
     and associated subdockets) are canceled; and
       (2) the Secretary shall take such action as is necessary--
       (A) to document the cancellation of loans under paragraph 
     (1); and
       (B) to release the Oglala Sioux Tribe from any liability 
     associated with those loans.
       (c) Seminole Nation of Oklahoma.--Notwithstanding any other 
     provision of law--
       (1) the balances of all outstanding expert assistance loans 
     made to the Seminole Nation of Oklahoma under Public Law 88-
     168 (77 Stat. 301) and relating to Seminole Nation v. United 
     States (United States Court of Federal Claims Docket No. 247) 
     are canceled; and
       (2) the Secretary shall take such action as is necessary--
       (A) to document the cancellation of loans under paragraph 
     (1); and
       (B) to release the Seminole Nation of Oklahoma from any 
     liability associated with those loans.
                                  ____


Section-By-Section Analysis--Gila River Indian Community-Judgement Fund 
                    Use and Distribution Legislation


              Section 1: Short Title and Table of Contents

       Short Title: Gila River Indian Community Judgement Fund 
     Distribution Act of 2002; and Table of Contents.


                          Section 2: Findings

       Provides factual background regarding the litigation that 
     led to the seven million settlement awarded to Gila River 
     Indian Community for the United States' failure to protect 
     the Community's use of water from the Gila River and Salt 
     River under Dockets 236-C and 236-D of Gila River Pima-
     Maricopa Indian Community v. United States, filed on August 
     8, 1951 before the Indian Claims Commission.


                         Section 3: Definitions

       Provides definitions as utilized in the legislation.


            Title I: Gila River Judgement Fund Distribution

             Section 101: Distribution of Judgement Funds.

       (a) Per Capita Payments. Authorizes distribution of 
     judgement fund amount, less attorneys fees and litigation 
     expenses, including all accrued interest, to all eligible 
     enrolled members of the Community on a per capita basis.
       (b) Preparation of Payment Roll. Requires the Community to 
     prepare the payment roll of eligible enrolled members 
     according to specific criteria, and includes description of 
     individuals who shall be deemed ineligible to receive per 
     capita payment.
       (c) Notice to Secretary. Requires the Community to notify 
     the Secretary of Interior of the total number of individuals 
     eligible to share in the per capita distribution after the 
     Community's preparation of the payment roll.
       (d) Information Provided to Secretary. Requires the 
     Community to provide the Secretary of Interior with 
     information necessary to allow the Secretary to establish 
     estate accounts for deceased individuals and Individual 
     Indian Money accounts for legally incompetent individuals and 
     minors.
       (e) Disbursement of Funds. Requires the Secretary to 
     disburse to the Community the funds necessary to make the per 
     capita payment, not later than 30 days after the payment roll 
     has been approved by the Community and the Community has 
     reconciled the number of shares that belong in each payment 
     category. Provides that once the funds are disbursed to the 
     Community, the Community shall be responsible for 
     administering and distributing the funds.
       (f) Shares of Deceased Individuals. Requires the Secretary 
     of Interior to distribute per capita shares of deceased 
     individuals to their heirs and legatees in accordance with 
     existing regulations. Where there are no heirs, provides that 
     funds revert to the Community and shall be deposited in the 
     Community's general fund.
       (g) Shares of Legally Incompetent Individuals. Requires the 
     Secretary of Interior to deposit shares of legally 
     incompetent individuals into supervised Individual Indian 
     Money accounts to be administered pursuant to existing 
     regulations.
       (h) Shares of Minors. Requires the Secretary of Interior to 
     deposit shares of minors into supervised Individual Indian 
     Management accounts and requires the Secretary to hold the 
     funds in trust until the minor is 18 years of age. Provides 
     that section 3(b)(3) of the Indian Tribal Judgement Funds Act 
     does not apply, the effect of which is to prevent parents and 
     guardians of minors from being able to receive shares on 
     behalf of minors before they turn 18.
       (i) Payment of Eligible Individuals Not Listed on Payment 
     Roll. Provides that individuals not listed on payment roll, 
     but eligible for payment, can be paid from any residual 
     principal or interest fund remaining after the Community has 
     made its per capita distribution and the Individual Indian 
     Money accounts have been established. Authorizes the 
     Community to pay these individuals from Community-owned funds 
     if the residual funds are insufficient. Authorizes the 
     Secretary to accept and deposit Community-owned funds into an 
     Individual Indian Money or estate account established for a 
     minor, legal incompetent or deceased beneficiary who is 
     eligible to receive payment, but who was not paid from the 
     judgment fund. Provides that the Secretary shall invest such 
     funds pursuant to existing regulation.
       (j) Use of Residual Funds. Provides that if the Community 
     requests it, residual principal and interest funds remaining 
     after the

[[Page S7378]]

     Community's per capita distribution is complete shall be 
     disbursed to the Community and deposited into the Community's 
     general fund.
       (k) Non-applicability of Certain Law. Provides that the 
     Indian Gaming Regulatory Act shall not apply to Community-
     owned funds used by the Community to cover shortfalls in 
     funding necessary to make payments to individuals not listed 
     on the payment roll, but determined to be eligible. Added to 
     ensure that the Indian Gaming Regulatory Act's prohibition on 
     distribution of gaming funds as per capita payments would not 
     prevent Community-owned funds, including revenues from 
     gaming, from being used to cover shortfalls.


       Section 102: Responsibility of Secretary; Applicable Law.

       (a) Responsibility For Funds. Provides that after 
     disbursement of funds to Community, the Secretary of Interior 
     shall no longer have trust responsibility for the judgment 
     funds.
       (b) Deceased and Legally Incompetent Individuals. Provides 
     that Secretary shall continue to have trust responsibility 
     over funds retained in accounts for deceased beneficiaries 
     and legally incompetent individuals.
       (c) Applicability of other Law. Provides that pursuant to 
     sections 7 and 8 of the Indian Tribal Judgment Funds Use or 
     Distribution Act, per capita payments are not taxable to 
     individuals under state or federal law as income.


    Title II--Conditions Relating to Community Judgement Fund Plans

                              Section 201

       Provides definition and conditions of the plan for use and 
     distribution of judgement funds awarded in Docket No. 228. 
     Adds paragraph providing that Indian Tribal Judgement Funds 
     Use and Distribution shall not apply to minors' per capita 
     shares held by the Secretary under the plan (effect is to 
     prevent shares from being distributed to parents and 
     guardians of minors prior to age 18) and that Secretary shall 
     hold the minors' per capita shares in trust until they reach 
     age 18. Also adds paragraph stating that upon Community's 
     request, any residual principal and interest funds remaining 
     after the Community has declared the per capita payment 
     complete shall be distributed to the Community and deposited 
     into the Community's general fund.


                              Section 202

       Provides definition and conditions of the plan for use and 
     distribution of judgement funds awarded in Docket No. 236-N. 
     Amends the plan to authorize disbursement of residual 
     principal and interest funds to the Community. Provides that 
     provision of Indian Tribal Judgment Funds Act permitting 
     payment to parents and legal guardians of minors is not 
     applicable, and requires Secretary to hold minors' shares in 
     trust until they turn 18.


                   Title III--Expert Assistance Loans

                              Section 301

       Waiver of repayment of expert assistance loans to certain 
     Indian tribes. Waives repayment of expert assistance loans 
     made by the Department of Interior to Gila River Indian 
     Community, Oglala Sioux Tribe, Pueblo of Santo Domingo, and 
     Seminole Nation of Oklahoma.
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