[Congressional Record Volume 149, Number 7 (Wednesday, January 15, 2003)]
[Senate]
[Pages S848-S849]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 162. A bill to provide for the use of distribution of certain 
funds awarded to the Gila River Pima-Maricopa Indian Community, and for 
other purposes; to the Committee on Indian Affairs.
  Mr. McCAIN. Mr. President, I rise to introduce legislation to 
authorize the distribution of judgment funds to eligible tribal members 
of the Gila River Indian Community in Arizona. Identical legislation 
unanimously passed the Senate last year, but was not able to be 
considered by the House of Representatives prior to the adjournment of 
the 107th Congress.
  The Gila River Indian Community Judgment 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 7 
million.
  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 judgment 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 the 
Interior.
  This judgment 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 
judgment award equally to eligible tribal members.

[[Page S849]]

  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. I hope that my colleagues 
will act quickly to move this legislation through the process.
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