    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 696

    Public Law 108-22
    108th Congress

    An Act

    To provide for the use and distribution of certain funds awarded to the
    Gila River Pima-Maricopa Indian Community, and for other purposes.

    [NOTE: May 14, 2003 -  [S. 162]]     Be it enacted by the Senate and
    House of Representatives of the United States of America in
    Congress [NOTE: Gila River Indian Community Judgment Fund Distribution
    Act of 2003. Arizona.] 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;

    [[Page 697]]

    117 STAT. 697

    (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
    Docket 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
    Docket 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 Docket 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.

    [[Page 698]]

    117 STAT. 698

    (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 Docket 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.

    [[Page 699]]

    117 STAT. 699

    (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.--
    (1) [NOTE: Deadline.]  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 [NOTE: Regulations.] 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.

    [[Page 700]]

    117 STAT. 700

    (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) [NOTE: Regulations.]  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

    [[Page 701]]

    117 STAT. 701

    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.

    [[Page 702]]

    117 STAT. 702

    (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

    [[Page 703]]

    117 STAT. 703

    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.

    Approved May 14, 2003.

    LEGISLATIVE HISTORY--S. 162:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 108-17 (Comm. on Indian Affairs).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Mar. 13, considered and passed Senate.
    Apr. 29, considered and passed House.