[Congressional Record Volume 157, Number 157 (Wednesday, October 19, 2011)]
[Senate]
[Pages S6767-S6768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FRANKEN (for himself and Ms. Klobuchar):
  S. 1739. A bill to provide for the use and distribution of judgment 
funds awarded to the Minnesota Chippewa Tribe by the United States 
Court of Federal Claims in Docket Numbers 19 and 188, and for other 
purposes; to the Committee on Indian Affairs.
  Mr. FRANKEN. Mr. President, today I am introducing the Minnesota 
Chippewa Tribe Judgment Fund Distribution Act with my friend and 
colleague from Minnesota, Senator Klobuchar. This legislation will 
finally allow for the distribution of funds owed to the Minnesota 
Chippewa Tribe. Before I talk about our legislation, I want to first 
thank my colleague in the House, Representative Peterson of Minnesota, 
for his leadership on this issue and for the tremendous work he put 
into crafting this bill.
  It has been a long road to get to this point. The Minnesota Chippewa 
Tribe first filed complaints before the Indian Claims Commission in 
1948. It took all the way until 1999 before their claims were settled. 
For over 60 years, members of the Minnesota Chippewa Tribe have been 
waiting for these funds. It's time to get this done.
  In 1999, the United States Court of Federal Claims awarded $20 
million to the Minnesota Chippewa Tribe. This money is to compensate 
tribal members for the improper taking and sale of land and timber 
under the Nelson Act of 1889. The Federal Government owes the Minnesota 
Chippewa Tribe this money. In fact, in 1999, the $20 million owed to 
the tribe was transferred to the Department of the Interior and 
deposited in a trust fund account, where it has been collecting one 
percent interest. But tribal members in my home State of Minnesota have 
never received a dime. That is because, before any money can go to the 
tribe, Congress must pass legislation detailing how to allocate the 
funds between the 6 bands that make up the Minnesota Chippewa Tribe.
  Today, Senator Klobuchar and I are introducing legislation to do just 
that. Our bill will provide $300 to every tribal member. While this 
might not seem like a lot of money, I want to remind my colleagues that 
Native Americans represent one of the poorest segments of Minnesota's 
population. On the White Earth reservation, where one in five members 
live under the poverty line, a check for $1,200 for a family of four 
would make a real difference. This is money that the 40,000 enrolled 
members of the Minnesota Chippewa Tribe could be using right now to put 
tires on their car or fix a leaking roof or buy new shoes for their 
children.
  Our bill allocates the remaining funds equally to each of the six 
bands that make up the Minnesota Chippewa Tribe. That is approximately 
$15 million or $2.5 million per band. This funding is desperately 
needed. It will allow the bands to provide for the basic needs for 
their people by investing in economic development, health care, 
housing, and education.
  There is one band, the Leech Lake Band of Ojibwe, that does not agree 
with this distribution plan. I am sympathetic to their concerns, and I 
sincerely hoped that a consensus agreement could have been reached that 
would have satisfied all those involved. But, in the end, I believe we 
must respect the decision of the tribe.
  The bill we are introducing today reflects the distribution agreed 
upon by the Minnesota Chippewa Tribal Executive Committee. This is a 
democratic body comprised of two elected officials from each of the six 
bands. Under the tribal constitution, the Executive Committee is the 
governing body of the tribe. After years of disagreement, the Tribal 
Excusive Committee has agreed on an allocation formula. I deeply 
respect tribal sovereignty and therefore believe we must respect their 
decision.
  I also worry that any further delay will only cause hardship for 
individual tribal members. The thousands of tribal members across 
Minnesota cannot afford to wait another decade. It is time for Congress 
to act to allow for the distribution of the funds owed to the Minnesota 
Chippewa Tribe.
  I urge my colleagues to support this legislation and send it to the 
President's desk to be signed into law as soon as possible.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1739

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Minnesota Chippewa Tribe 
     Judgment Fund Distribution Act of 2011''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) on January 22, 1948, the Minnesota Chippewa Tribe, 
     representing all Chippewa bands in the State of Minnesota 
     except the Red Lake Band, filed a claim before the Indian 
     Claims Commission in Docket No. 19 for an accounting of all 
     amounts received and expended pursuant to the Act of January 
     14, 1889 (25 Stat. 642, chapter 24) (referred to in this Act 
     as the ``Nelson Act'');
       (2) on August 2, 1951, the Minnesota Chippewa Tribe, 
     representing all Chippewa bands in the State of Minnesota 
     except the Red Lake Band, filed a number of claims before the 
     Indian Claims Commission in Docket No. 188 for an accounting 
     of the obligation of the Federal Government to each member 
     Band of the Minnesota Chippewa Tribe under various statutes 
     and treaties not covered by the Nelson Act;
       (3) on May 17, 1999, a joint motion for findings in aid of 
     settlement of the claims in Docket No. 19 and 188 was filed 
     in the Court of Federal Claims;
       (4) the terms of the settlement were approved by the Court 
     of Federal Claims and final judgment in the matter was 
     entered on May 26, 1999;
       (5) on June 22, 1999, $20,000,000 was transferred to the 
     Department of the Interior and deposited in a trust fund 
     account established for the beneficiaries of the amounts 
     awarded in Docket No. 19 and 188;
       (6) pursuant to the Indian Tribal Judgment Funds Use or 
     Distribution Act (25 U.S.C. 1401 et seq.), Congress must act 
     to authorize the use or distribution of the judgment funds; 
     and
       (7) on October 1, 2009, the Minnesota Chippewa Tribal 
     Executive Committee passed Resolution 146-09, approving a 
     plan to distribute the judgment funds and requesting that 
     Congress authorize the distribution of the judgment funds in 
     the manner described by the plan.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Bands.--The term ``Bands'' means--
       (A) the Bois Forte Band;
       (B) the Fond du Lac Band;
       (C) the Grand Portage Band;
       (D) the Leech Lake Band;
       (E) the Mille Lacs Band; and
       (F) the White Earth Band.
       (2) Judgment funds.--The term ``judgment funds'' means the 
     $20,000,000 awarded on May 26, 1999, to the Minnesota 
     Chippewa Tribe by the Court of Federal Claims and transferred 
     to the Secretary for deposit in a trust fund account 
     established for the beneficiaries of Docket No. 19 and 188.
       (3) Minnesota chippewa tribe.--The term ``Minnesota 
     Chippewa Tribe'' means the Minnesota Chippewa Tribe, composed 
     solely of the Bands.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA CHIPPEWA TRIBE.

       (a) In General.--The Secretary may reimburse the Minnesota 
     Chippewa Tribe the amount that the Minnesota Chippewa Tribe 
     contributed for attorneys' fees and litigation expenses 
     associated with the litigation of Docket No. 19 and 188 in 
     the Court of Federal Claims and the distribution of judgment 
     funds, plus any interest earned on that amount as of the date 
     of payment under this section to the Minnesota Chippewa 
     Tribe.
       (b) Procedure.--
       (1) In general.--To receive a reimbursement payment under 
     subsection (a), not later than 90 days after the date of 
     enactment of this Act, the Minnesota Chippewa Tribe shall 
     submit to the Secretary a written claim for the reimbursement 
     amount described in that subsection, subject to the condition 
     that the Minnesota Chippewa Tribe certify that the 
     reimbursement expenses claimed have not been reimbursed to 
     the Tribe by any other entity.
       (2) Payment.--If the Minnesota Chippewa Tribe submits a 
     claim to the Secretary in accordance with paragraph (1), the 
     Secretary shall, using the judgment funds, pay to the 
     Minnesota Chippewa Tribe the full reimbursement amount 
     claimed, plus interest on that amount, calculated at the rate 
     of 6.0 percent per year, simple interest, beginning on the 
     date on which the amounts were expended by the Tribe and 
     ending on the date on which the amounts are reimbursed to the 
     Tribe.

     SEC. 5. DISTRIBUTION OF JUDGMENT FUNDS.

       (a) Membership Rolls.--Not later than 90 days after the 
     date of enactment of this Act, the Minnesota Chippewa Tribe 
     shall submit to the Secretary an updated membership roll for 
     each Band of the Tribe, each of which

[[Page S6768]]

     shall include the names of all enrolled members of that Band 
     living on the date of enactment of this Act.
       (b) Disbursement of Available Funds.--
       (1) Per capita account.--After the date on which any 
     amounts under section 4 have been disbursed and the Secretary 
     has received the updated membership rolls under subsection 
     (a), the Secretary shall, from the remaining judgment funds, 
     deposit in a per capita account established by the Secretary 
     for each Band, an amount that is equal to $300 for each 
     member of that Band listed on the updated membership roll.
       (2) Remaining amounts.--If, after the disbursement 
     described in paragraph (1), any judgment funds remain 
     undisbursed, the Secretary shall deposit in an account 
     established by the Secretary for each Band, which shall be 
     separate from the per capita account described in paragraph 
     (1), all remaining amounts, divided equally among the Bands.
       (c) Use of Amounts.--
       (1) Disbursement of per capita payments.--Any amounts 
     deposited in the per capita account of a Band described in 
     subsection (b)(1) shall be--
       (A) made available to the Band for immediate withdrawal; 
     and
       (B) used by the Band solely for the purpose of distributing 
     1 $300 payment to each individual member of the Band listed 
     on the updated membership roll.
       (2) Treatment of dependents.--For each minor or dependent 
     member of the Band listed on the updated roll, the Band may--
       (A) distribute the $300 payment to a parent or legal 
     guardian of that dependent Band member; or
       (B) deposit in a trust account the $300 payment of that 
     dependent Band member for the benefit of that dependent Band 
     member, to be distributed under the terms of the trust.
       (d) Unclaimed Payments.--If, on the date that is 1 year 
     after the date on which the amounts described in subsection 
     (b)(1) are made available to a Band, any amounts remain 
     unclaimed, those amounts shall be returned to the Secretary, 
     who shall deposit the remaining amounts in the accounts 
     described in subsection (b)(2) in equal shares for each Band.
       (e) No Liability.--The Secretary shall not be liable for 
     the expenditure or investment of any amounts disbursed to a 
     Band from the accounts described in subsection (b) after 
     those amounts are withdrawn by the Band.

     SEC. 6. ADMINISTRATION.

       Amounts disbursed under this Act--
       (1) shall not be liable for the payment of previously 
     contracted obligations of any recipient, as provided in 
     section 2(a) of Public Law 98-64 (25 U.S.C. 117b(a)); and
       (2) shall be subject to section 7 of the Indian Tribal 
     Judgment Funds Use or Distribution Act (25 U.S.C. 1407).
                                 ______