[Congressional Record Volume 149, Number 29 (Monday, February 24, 2003)]
[Senate]
[Page S2600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BAUCUS:
  S. 428. A bill to provide for the distribution of judgment funds to 
the Assiniboine and Sioux Tribes of the Fort Peck Reservation; to the 
Committee on Indian Affairs.
  Mr. BAUCUS. Mr. President, I rise today to reintroduce a bill I had 
introduced during the 107th Congress, which will provide for the use 
and distribution of judgment funds awarded to the Assiniboine and Sioux 
Tribes of the Fort Peck Reservation in northeast Montana.
  In 1987, the Assiniboine and Sioux Tribes of the Fort Peck 
Reservation brought suit against the United States to recover interest 
earned on their trust funds while those funds were in Special Deposit 
and IMPL-Agency accounts. The case was filed in the U.S. Claims court, 
and docketed as No. 773-87-L.
  After the court ruled that the United States was liable to the Fort 
Peck Tribes and individual Indians for interest on those funds, the 
tribes and the United States reached an agreement for settling the 
claims in the case, for the sum of $4,522,551.84. The court approved 
the settlement agreement.
  The settlement agreement further provided that the judgment be 
divided between the Fort Peck Tribes and those individual Indians who 
are found to be eligible to share in the judgment. On January 31, 2001, 
the court approved a stipulation between the parties that defined the 
procedures by which the Fort Peck Tribes' and individual Indians' 
respective shares in the judgment would be determined and distributed 
to them.
  Pursuant to the court-approved stipulation in the case, on February 
14, 2001, a portion of the tribe's share of the judgment was deposited 
into an account in Treasury for the use of the Fort Peck Tribes. As 
provided by the court-approved stipulation, those funds are to be 
available for immediate use by the tribe pursuant to a plan adopted 
under the Indian Tribal Judgment Funds Use or Distribution Act, 25 
U.S.C. 1401 et seq. The court-approved stipulation further recognized 
that the tribe will most likely receive additional payments from this 
settlement once the work identifying all individuals eligible to share 
in the judgment is complete and the pro rata shares are finally 
computed. Those funds, too, are to be available for use by the tribe in 
accord with a plan adopted under the Tribal Judgment Funds Use or 
Distribution Act.
  As required by the stipulation and the Tribal Judgment Funds Use or 
Distribution Act, the tribe developed a plan for the use of the tribe's 
share of the settlement. Under the plan, the Tribe's share of the 
judgment will be used for tribal health, education, housing, and social 
services programs.
  The tribe submitted its plan to the Department of the Interior for 
review and approval. Public hearings were held during which the views 
and recommendations of tribal members were heard regarding the plan. 
The tribe has been advised that the Department of Interior has no 
objection to the tribe's plan and can approve it. However, although the 
plan was developed and public hearing held during 2001, the Interior 
Department did not complete its review of the plan, nor submit the 
approved plan to Congress within the 1-year deadline imposed by the 
Tribal Judgment Fund Use or Distribution Act. As a result, in order for 
the Fort Peck Tribe to make use of the judgment awarded to the tribe, 
it is necessary for Congress to formally adopt legislation approving 
the tribe's plan. The proposed bill language, would serve this purpose.
  This judgment is based on money that rightfully belongs to the Fort 
Peck tribes and should be moved expeditiously through Congress. I look 
forward to working with the Committee on Indian Affairs to move this 
legislation forward.
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