[Senate Report 107-313]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 708
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-313

======================================================================



 
PROVIDING FOR THE DISTRIBUTION OF JUDGMENT FUNDS TO THE ASSINIBOINE AND 
               SIOUX TRIBES OF THE FORT PECK RESERVATION

                                _______
                                

                October 15, 2002.--Ordered to be printed

                                _______
                                

    Mr. Inouye, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 3059]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 3059) to provide for the distribution of judgment 
funds to the Assiniboine and Sioux Tribes of the Fort Peck 
Reservation, having considered the same, reports favorably 
therein without amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 3059 is to authorize the use and 
distribution of a United States Court of Claims judgment award 
in the amount of $4,522,551.84 to the Assiniboine and Sioux 
Tribes and certain individual members of the Fort Peck 
Reservation in northeastern Montana.

                               BACKGROUND

    In 1987, the Assiniboine and Sioux Tribes and individual 
members of the Fort Peck Reservation brought suit against the 
United States to recover interest earned on their trust funds 
while those funds were held in Special Deposit and Indian Money 
Proceeds of Labor Agency accounts (IMPL-agency accounts). The 
case was filed in the United States Claims Court, and docketed 
as No. 773-87-L.
    The Claims Court ruled that the United States was liable to 
the Fort Peck Tribes and individual Indians for income derived 
from investment of trust funds and interest on those funds 
during the period for which the funds were held in special 
deposit and IMPL-agency accounts. The Tribes and the United 
States agreed to settle the claims in the case for the amount 
of $4,522,551.84. The Claims Court approved the settlement 
agreement and judgment amount.
    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 3, 2001, the court approved a stipulation between 
the parties that defined the procedures by which the respective 
shares of the Fort Peck Tribes and individual Indians in the 
judgment would be determined and distributed.
    On February 14, 2001, pursuant to the court-approved 
stipulation in the case, a portion of the Tribes' share of the 
judgment was deposited into an account in the United States 
Treasury for the use of the Fort Peck Tribes. As provided by 
the stipulation, those funds are to be available for immediate 
use by the Tribes pursuant to a plan adopted under the Indian 
Tribal Judgment Funds Use or Distribution Act, 25 U.S.C. 
Sec. 1401 et seq. The court-approved stipulation further 
recognized that the Tribes will most likely receive additional 
payments from the settlement once all individuals eligible to 
share in the judgment are identified and the pro rata shares 
are finally computed. Those funds, too, are to be available for 
use by the Tribes in accordance 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 Tribes developed a plan for 
the use of the Tribes' share of the settlement. Under the plan, 
the Tribes' share of the judgment will be used for tribal 
health, education, housing and social services programs.
    The Tribes submitted their plan to the Department of the 
Interior for review and approval. Public hearings were held to 
hear the views and recommendations of Tribal members regarding 
the plan. The Tribal Judgment Funds Use or Distribution Act 
imposes a one-year deadline on the Department of the Interior 
to approve the plan. The Tribes have been advised that the 
Department of Interior has no objection to the Tribes' plan and 
can approve it. However, although the plan was developed and a 
public hearing was held during 2001, the Interior Department 
did not complete its review of the plan within the one-year 
deadline. As a result, in order for the Fort Peck Tribes to 
make use of the judgment awarded to the Tribes, it is necessary 
for Congress to formally adopt legislation approving the 
Tribe's plan. The provisions of S. 3059 would serve this 
purpose.

                          LEGISLATIVE HISTORY

    S. 3059 was introduced on October 4, 2002 by Senator Max 
Baucus and was referred to the Committee on Indian Affairs.

          COMMITTEE RECOMMENDATION AND TABULATION OF THE VOTE

    On October 8, 2002, the Committee on Indian Affairs, 
through a polling of its members, approved and ordered S. 3059 
to be reported favorably to the United States Senate.

                   COST AND BUDGETARY CONSIDERATIONS

    At the time of filing this report, the cost estimate of the 
Congressional Budget Office on S. 3059 has not yet been 
received. Compliance with Senate Rule XXVI, paragraph 11(a) is 
therefore impracticable at this time.

                 SECTION-BY-SECTION ANALYSIS OF S. 3059

Section 1. Short title

    The Act may be cited as the ``Assiniboine and Sioux Tribes 
of the Fort Peck Reservation Judgment Fund Distribution Act of 
2002.''

Section 2. Findings and purpose

    Section 2 sets forth congressional findings including that 
in 1987, the Assiniboine and Sioux Tribes of the Fort Peck 
Reservation and five individual Fort Peck tribal members filed 
a complaint in the United States Claims Court in Assiniboine 
and Sioux Tribes of the Fort Peck Reservation v. the United 
States of America, Docket No. 773-87-L to recover interest 
earned on trust funds while those funds were held in special 
deposit and IMPL-agency accounts.
    In this case, the Claims Court held that the United States 
was liable for any income derived from investment of the trust 
funds of the Tribe and individual members of the Tribe. The 
plaintiffs entered into a settlement with the United States for 
payment of the claims. The terms of the settlement were 
approved by the Court and judgment in the amount of 
$4,522,551.81 was entered.

Section 3. Definitions

    Terms defined in this section include ``Distribution 
Amount,'' ``Judgment Amount,'' ``Principal Indebtedness,'' and 
``Tribe.''

Section 4. Distribution of judgment funds

    section 4 describes how the distribution amount awarded to 
the Tribe shall be made available for tribal health, education, 
housing and social services programs of the Tribe and the 
amount of funds allocated among these uses shall be specified 
in an annual budget developed by the Tribe and approved by the 
Secretary of the Interior.

Section 5. Applicable law

    Section 5 provides that all funds distributed under this 
act, except those distributed under Section 4 are subject to 
sections 7 and 8 of the Indian Tribal Judgment Funds Use or 
Distribution Act.

                      REGULATORY IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that each report accompanying a bill evaluate 
the regulatory paperwork impact that would be incurred in 
carrying out this bill. The Committee believes that S. 3059 
will have minimal regulatory or paperwork impact.

                        EXECUTIVE COMMUNICATIONS

    The position of the Administration on S. 3059 has not been 
received.

                        CHANGES IN EXISTING LAW

    In compliance subsection 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee notes that S. 3059 will not 
effect any changes in existing law.

                                
