[Congressional Record Volume 149, Number 41 (Thursday, March 13, 2003)]
[Senate]
[Pages S3753-S3755]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


   GILA RIVER INDIAN COMMUNITY JUDGMENT FUND DISTRIBUTION ACT OF 2003

  Mr. BENNETT. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar Item No. 30, S. 162.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 162) to provide for the use and distribution of 
     certain funds awarded to the Gila River Pima-Maricopa Indian 
     Community, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. BENNETT. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to this bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 162) was read the third time and passed, as follows:

                                 S. 162

       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 2003''.
       (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 Gila River 
              Indian Community.

     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 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--
       (i) are derived from trust resources; and
       (ii) qualify for an exemption under section 7 or 8 of the 
     Indian Tribal Judgment Funds Use or Distribution Act (25 
     U.S.C. 1407, 1408).
       (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.--

[[Page S3754]]

       (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 governing 
     body of the Community to the Secretary, and after passage by 
     the governing body of the Community of a tribal council 
     resolution affirming the intention of the governing body to 
     have judgment funds disbursed to, and deposited in the 
     general fund of, 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) Reversion of Per-Capita Shares to Tribal Ownership.--
       (1) In general.--In accordance with the first section of 
     Public Law 87-283 (25 U.S.C. 164), the share for an 
     individual eligible to receive a per-capita share under 
     subsection (a) that is held in trust by the Secretary, and 
     any interest earned on that share, shall be restored to 
     Community ownership if, for any reason--
       (A) subject to subsection (i), the share cannot be paid to 
     the individual entitled to receive the share; and
       (B) the share remains unclaimed for the 6-year period 
     beginning on the date on which the individual became eligible 
     to receive the share.
       (2) Request by community.--In accordance with subsection 
     (j), the Community may request that unclaimed funds described 
     in paragraph (1)(B) be disbursed to, and deposited in the 
     general fund of, the Community.

     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 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 2003, 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 
                   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.

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