[105th Congress Public Law 387]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ387.105]
[[Page 112 STAT. 3471]]
Public Law 105-387
105th Congress
An Act
To provide for the disposition of certain funds appropriated to pay
judgment in favor of the Mississippi Sioux Indians, and for other
purposes. <<NOTE: Nov. 13, 1998 - [S. 391]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Mississippi
Sioux Tribes Judgment Fund Distribution Act of 1998.>>
SECTION 1. SHORT TITLE. <<NOTE: 25 USC 1300d note.>>
This Act may be cited as the ``Mississippi Sioux Tribes Judgment
Fund Distribution Act of 1998''.
SEC. 2. DEFINITIONS. <<NOTE: 25 USC 1300d-21.>>
In this Act:
(1) Covered indian tribe.--The term ``covered Indian tribe''
means an Indian tribe listed in section 4(a).
(2) Fund account.--The term ``Fund Account'' means the
consolidated account for tribal trust funds in the Treasury of
the United States that is managed by the Secretary--
(A) through the Office of Trust Fund Management of
the Department of the Interior; and
(B) in accordance with the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C. 4001 et
seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal governing body.--The term ``tribal governing
body'' means the duly elected governing body of a covered Indian
tribe.
SEC. 3. <<NOTE: 25 USC 1300d-22.>> DISTRIBUTION TO, AND USE OF
CERTAIN FUNDS BY, THE SISSETON AND WAHPETON
TRIBES OF SIOUX INDIANS.
Notwithstanding any other provision of law, including Public Law 92-
555 (25 U.S.C. 1300d et seq.), any funds made available by
appropriations under chapter II of Public Law 90-352 (82 Stat. 239) to
the Sisseton and Wahpeton Tribes of Sioux Indians to pay a judgment in
favor of those Indian tribes in Indian Claims Commission dockets
numbered 142 and 359, including interest, that, as of the date of
enactment of this Act, have not been distributed, shall be distributed
and used in accordance with this Act.
SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES. <<NOTE: 25 USC 1300d-23.>>
(a) In General.--
(1) Amount distributed.--
(A) <<NOTE: Deadline.>> In general.--Subject to
section 8(e) and if no action is filed in a timely
manner (as determined under section 8(d)) raising any
claim identified in section 8(a), not earlier than 365
days after the date of enactment of this Act and not
later than 415 days after the date
[[Page 112 STAT. 3472]]
of enactment of this Act, the Secretary shall transfer
to the Fund Account to be credited to accounts
established in the Fund Account for the benefit of the
applicable governing bodies under paragraph (2) an
aggregate amount determined under subparagraph (B).
(B) Aggregate amount.--The aggregate amount referred
to in subparagraph (A) is an amount equal to the
remainder of--
(i) the funds described in section 3; minus
(ii) an amount equal to 71.6005 percent of the
funds described in section 3.
(2) Distribution of funds to accounts in the fund account.--
The Secretary shall ensure that the aggregate amount transferred
under paragraph (1) is allocated to the accounts established in
the Fund Account as follows:
(A) 28.9276 percent of that amount shall be
allocated to the account established for the benefit of
the tribal governing body of the Spirit Lake Tribe of
North Dakota.
(B) 57.3145 percent of that amount, after payment of
any applicable attorneys' fees and expenses by the
Secretary under the contract numbered A00C14202991,
approved by the Secretary on August 16, 1988, shall be
allocated to the account established for the benefit of
the tribal governing body of the Sisseton and Wahpeton
Sioux Tribe of South Dakota.
(C) 13.7579 percent of that amount shall be
allocated to the account established for the benefit of
the tribal governing body of the Assiniboine and Sioux
Tribes of the Fort Peck Reservation in Montana, as
designated under subsection (c).
(b) Use.--Amounts distributed under this section to accounts
referred to in subsection (d) for the benefit of a tribal governing body
shall be distributed and used in a manner consistent with section 5.
(c) Tribal Governing Body of Assiniboine and Sioux Tribes of Fort
Peck Reservation.--For purposes of making distributions of funds
pursuant to this Act, the Sisseton and Wahpeton Sioux Council of the
Assiniboine and Sioux Tribes shall act as the governing body of the
Assiniboine and Sioux Tribes of the Fort Peck Reservation.
(d) Tribal Trust Fund Accounts.--The Secretary of the Treasury, in
cooperation with the Secretary of the Interior, acting through the
Office of Trust Fund Management of the Department of the Interior, shall
ensure that such accounts as are necessary are established in the Fund
Account to provide for the distribution of funds under subsection
(a)(2).
SEC. 5. USE OF DISTRIBUTED FUNDS. <<NOTE: 25 USC 1300d-24.>>
(a) Prohibition.--No funds allocated for a covered Indian tribe
under section 4 may be used to make per capita payments to members of
the covered Indian tribe.
(b) Purposes.--The funds allocated under section 4 may be used,
administered, and managed by a tribal governing body referred to in
section 4(a)(2) only for the purpose of making investments or
expenditures that the tribal governing body determines to be reasonably
related to--
[[Page 112 STAT. 3473]]
(1) economic development that is beneficial to the covered
Indian tribe;
(2) the development of resources of the covered Indian
tribe;
(3) the development of programs that are beneficial to
members of the covered Indian tribe, including educational and
social welfare programs;
(4) the payment of any existing obligation or debt (existing
as of the date of the distribution of the funds) arising out of
any activity referred to in paragraph (1), (2), or (3);
(5)(A) the payment of attorneys' fees or expenses of any
covered Indian tribe referred to in subparagraph (A) or (C) of
section 4(a)(2) for litigation or other representation for
matters arising out of the enactment of Public Law 92-555 (25
U.S.C. 1300d et seq.); except that
(B) the amount of attorneys' fees paid by a covered Indian
tribe under this paragraph with funds distributed under section
4 shall not exceed 10 percent of the amount distributed to that
Indian tribe under that section;
(6) the payment of attorneys' fees or expenses of the
covered Indian tribe referred to in section 4(a)(2)(B) for
litigation and other representation for matters arising out of
the enactment of Public Law 92-555 (25 U.S.C. 1300d et seq.), in
accordance, as applicable, with the contracts numbered
A00C14203382 and A00C14202991, that the Secretary approved on
February 10, 1978 and August 16, 1988, respectively; or
(7) the payment of attorneys' fees or expenses of any
covered Indian tribe referred to in section 4(a)(2) for
litigation or other representation with respect to matters
arising out of this Act.
(c) Management.--Subject to subsections (a), (b), and (d), any funds
distributed to a covered Indian tribe pursuant to sections 4 and 7 may
be managed and invested by that Indian tribe pursuant to the American
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et
seq.).
(d) Withdrawal of Funds by Covered Tribes.--
(1) In general.--Subject to paragraph (2), each covered
Indian tribe may, at the discretion of that Indian tribe,
withdraw all or any portion of the funds distributed to the
Indian tribe under sections 4 and 7 in accordance with the
American Indian Trust Fund Management Reform Act (25 U.S.C. 4001
et seq.).
(2) Exemption.--For purposes of paragraph (1), the
requirements under subsections (a) and (b) of section 202 of the
American Indian Trust Fund Management Reform Act (25 U.S.C. 4022
(a) and (b)) and section 203 of such Act (25 U.S.C. 4023) shall
not apply to a covered Indian tribe or the Secretary.
(3) Rule of construction.--Nothing in paragraph (2) may be
construed to limit the applicability of section 202(c) of the
American Indian Trust Fund Management Reform Act (25 U.S.C.
4022(c)).
SEC. 6. <<NOTE: 25 USC 1300d-25.>> EFFECT OF PAYMENTS TO COVERED
INDIAN TRIBES ON BENEFITS.
A payment made to a covered Indian tribe or an individual under this
Act shall not--
[[Page 112 STAT. 3474]]
(1) for purposes of determining the eligibility for a
Federal service or program of a covered Indian tribe, household,
or individual, be treated as income or resources; or
(2) otherwise result in the reduction or denial of any
service or program to which, pursuant to Federal law (including
the Social Security Act (42 U.S.C. 301 et seq.)), the covered
Indian tribe, household, or individual would otherwise be
entitled.
SEC. 7. DISTRIBUTION OF FUNDS TO LINEAL DESCENDANTS. <<NOTE: 25
USC 1300d-26.>>
(a) In General.--Subject to section 8(e), the Secretary shall, in
the manner prescribed in section 202(c) of Public Law 92-555 (25 U.S.C.
1300d-4(c)), distribute to the lineal descendants of the Sisseton and
Wahpeton Tribes of Sioux Indians an amount equal to 71.6005 percent of
the funds described in section 3, subject to any reduction determined
under subsection (b).
(b) Adjustments.--
(1) In general.--Subject to section 8(e), if the number of
individuals on the final roll of lineal descendants certified by
the Secretary under section 201(b) of Public Law 92-555 (25
U.S.C. 1300d-3(b)) is less than 2,588, the Secretary shall
distribute a reduced aggregate amount to the lineal descendants
referred to in subsection (a), determined by decreasing--
(A) the percentage specified in section 4(a)(B)(ii)
by a percentage amount equal to--
(i) .0277; multiplied by
(ii) the difference between 2,588 and the
number of lineal descendants on the final roll of
lineal descendants, but not to exceed 600; and
(B) the percentage specified in subsection (a) by
the percentage amount determined under subparagraph (A).
(2) Distribution.--If a reduction in the amount that
otherwise would be distributed under subsection (a) is made
under paragraph (1), an amount equal to that reduction shall be
added to the amount available for distribution under section
4(a)(1), for distribution in accordance with section 4(a)(2).
(c) <<NOTE: Certification.>> Verification of Ancestry.--In seeking
to verify the Sisseton and Wahpeton Mississippi Sioux Tribe ancestry of
any person applying for enrollment on the roll of lineal descendants
after January 1, 1998, the Secretary shall certify that each individual
enrolled as a lineal descendant can trace ancestry to a specific
Sisseton or Wahpeton Mississippi Sioux Tribe lineal ancestor who was
listed on--
(1) the 1909 Sisseton and Wahpeton annuity roll;
(2) the list of Sisseton and Wahpeton Sioux prisoners
convicted for participating in the outbreak referred to as the
``1862 Minnesota Outbreak'';
(3) the list of Sioux scouts, soldiers, and heirs identified
as Sisseton and Wahpeton Sioux on the roll prepared pursuant to
the Act of March 3, 1891 (26 Stat. 989 et seq., chapter 543); or
(4) any other Sisseton or Wahpeton payment or census roll
that preceded a roll referred to in paragraph (1), (2), or (3).
(d) Conforming Amendments.--
(1) In general.--Section 202(a) of Public Law 92-555 (25
U.S.C. 1300d-4(a)) is amended--
(A) in the matter preceding the table--
[[Page 112 STAT. 3475]]
(i) by striking ``, plus accrued interest,'';
and
(ii) by inserting ``plus interest received
(other than funds otherwise distributed to the
Sisseton and Wahpeton Tribes of Sioux Indians in
accordance with the Mississippi Sioux Tribes
Judgment Fund Distribution Act of 1998),'' after
``docket numbered 359,''; and
(B) in the table contained in that subsection, by
striking the item relating to ``All other Sisseton and
Wahpeton Sioux''.
(2) Roll.--Section 201(b) of Public Law 92-555 (25 U.S.C.
1300d-3(b)) is amended by striking ``The Secretary'' and
inserting ``Subject to the Mississippi Sioux Tribes Judgment
Fund Distribution Act of 1998, the Secretary''.
SEC. 8. JURISDICTION; PROCEDURE. <<NOTE: Courts. 25 USC 1300d-27.>>
(a) Actions Authorized.--In any action brought by or on behalf of a
lineal descendant or any group or combination of those lineal
descendants to challenge the constitutionality or validity of
distributions under this Act to any covered Indian tribe, any covered
Indian tribe, separately, or jointly with another covered Indian tribe,
shall have the right to intervene in that action to--
(1) defend the validity of those distributions; or
(2) assert any constitutional or other claim challenging the
distributions made to lineal descendants under this Act.
(b) Jurisdiction and Venue.--
(1) Exclusive original jurisdiction.--Subject to paragraph
(2), only the United States District Court for the District of
Columbia, and for the districts in North Dakota and South
Dakota, shall have original jurisdiction over any action brought
to contest the constitutionality or validity under law of the
distributions authorized under this Act.
(2) Consolidation of actions.--After the filing of a first
action under subsection (a), all other actions subsequently
filed under that subsection shall be consolidated with that
first action.
(3) Jurisdiction by the united states court of federal
claims.--If appropriate, the United States Court of Federal
Claims shall have jurisdiction over an action referred to in
subsection (a).
(c) Notice to Covered Tribes.--In an action brought under this
section, not later than 30 days after the service of a summons and
complaint on the Secretary that raises a claim identified in subsection
(a), the Secretary shall send a copy of that summons and complaint,
together with any responsive pleading, to each covered Indian tribe by
certified mail with return receipt requested.
(d) Statute of Limitations.--No action raising a claim referred to
in subsection (a) may be filed after the date that is 365 days after the
date of enactment of this Act.
(e) Special Rule.--
(1) Final judgment for lineal descendants.--
(A) In general.--If an action that raises a claim
referred to in subsection (a) is brought, and a final
judgment is entered in favor of 1 or more lineal
descendants referred to in that subsection, section 4(a)
and subsections (a) and (b) of section 7 shall not apply
to the distribution of the funds described in
subparagraph (B).
[[Page 112 STAT. 3476]]
(B) Distribution of funds.--Upon the issuance of a
final judgment referred to in subparagraph (A) the
Secretary shall distribute 100 percent of the funds
described in section 3 to the lineal descendants in a
manner consistent with--
(i) section 202(c) of Public Law 92-555 (25
U.S.C. 1300d-4(c)); and
(ii) section 202(a) of Public Law 92-555, as
in effect on the day before the date of enactment
of this Act.
(2) Final judgment for covered indian tribes.--
(A) In general.--If an action that raises a claim
referred to in subsection (a) is brought, and a final
judgment is entered in favor of 1 or more covered Indian
tribes that invalidates the distributions made under
this Act to lineal descendants, section 4(a), other than
the percentages under section 4(a)(2), and subsections
(a) and (b) of section 7 shall not apply.
(B) Distribution <<NOTE: Deadline.>> of funds.--Not
later than 180 days after the date of the issuance of a
final judgment referred to in subparagraph (A), the
Secretary shall distribute 100 percent of the funds
described in section 3 to each covered Indian tribe in
accordance with the judgment and the percentages for
distribution contained in section 4(a)(2).
(f) Limitation on Claims by a Covered Indian Tribe.--
(1) In general.--If any covered Indian tribe receives any
portion of the aggregate amounts transferred by the Secretary to
a Fund Account or any other account under section 4, no action
may be brought by that covered Indian tribe in any court for a
claim arising from the distribution of funds under Public Law
92-555 (25 U.S.C. 1300d et seq.).
(2) Rule of construction.--Nothing in this subsection shall
be construed to limit the right of a covered Indian tribe to--
(A) intervene in an action that raises a claim
referred to in subsection (a); or
(B) limit the jurisdiction of any court referred to
in subsection (b), to hear and determine any such
claims.
Approved November 13, 1998.
LEGISLATIVE HISTORY--S. 391 (H.R. 976):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-242 accompanying H.R. 976 (Comm. on Resources).
SENATE REPORTS: No. 105-379 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 9, considered and passed Senate.
Oct. 10, considered and passed House, amended.
Oct. 14, Senate concurred in House amendment.
<all>