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                                                 Union Calendar No. 204

105th CONGRESS

  1st Session

                               H. R. 1604

                          [Report No. 105-352]

_______________________________________________________________________

                                 A BILL

To provide for the division, use, and distribution of judgment funds of 
    the Ottawa and Chippewa Indians of Michigan pursuant to dockets 
 numbered 18-E, 58, 364, and 18-R before the Indian Claims Commission.

_______________________________________________________________________

                            October 28, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 204
105th CONGRESS
  1st Session
                                H. R. 1604

                          [Report No. 105-352]

To provide for the division, use, and distribution of judgment funds of 
    the Ottawa and Chippewa Indians of Michigan pursuant to dockets 
 numbered 18-E, 58, 364, and 18-R before the Indian Claims Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 1997

Mr. Kildee (for himself, Mr. Hayworth, and Mr. Kennedy of Rhode Island) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

                            October 28, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 14, 
                                 1997]

_______________________________________________________________________

                                 A BILL


 
To provide for the division, use, and distribution of judgment funds of 
    the Ottawa and Chippewa Indians of Michigan pursuant to dockets 
 numbered 18-E, 58, 364, and 18-R before the Indian Claims Commission.

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

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. Division of funds.
Sec. 5. Development of tribal plans for use or distribution of funds.
Sec. 6. Preparation of judgment distribution roll of descendants.
Sec. 7. Plan for use and distribution of Bay Mills Indian Community 
                            funds.
Sec. 8. Plan for use of Sault Ste. Marie tribe of Chippewa Indians of 
                            Michigan funds.
Sec. 9. Payment of per capita shares.
Sec. 10. Newly recognized or affirmed tribes.
Sec. 11. Treatment of funds in relation to other laws.
Sec. 12. Treaties not affected.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Judgments were rendered in the Indian Claims Commission 
        in dockets numbered 18-E, 58, and 364 in favor of the Ottawa 
        and Chippewa Indians of Michigan and in docket numbered 18-R in 
        favor of the Sault Ste. Marie Tribe of Chippewa Indians.
            (2) The funds Congress appropriated to pay these judgments 
        have been held by the Department of the Interior for the 
        beneficiaries pending a division of the funds among the 
        beneficiaries in a manner acceptable to the tribes and 
        descendency group and pending development of plans for the use 
        and distribution of the respective tribes' share.
            (3) The 1836 treaty negotiations show that the United 
        States concluded negotiations with the Chippewa concerning the 
        cession of the upper peninsula and with the Ottawa with respect 
        to the lower peninsula.
            (4) A number of sites in both areas were used by both the 
        Ottawa and Chippewa Indians. The Ottawa and Chippewa Indians 
        were intermarried and there were villages composed of members 
        of both tribes.
    (b) Purpose.--It is the purpose of this Act to provide for the fair 
and equitable division of the judgment funds among the beneficiaries 
and to provide the opportunity for the tribes to develop plans for the 
use or distribution of their share of the funds.

SEC. 3. DEFINITIONS.

    For purposes of this Act the following definitions apply:
            (1) The term `judgment funds' means funds appropriated in 
        full satisfaction of judgments made in the Indian Claims 
        Commission--
                    (A) reduced by an amount for attorneys fees and 
                litigation expenses; and
                    (B) increased by the amount of any interest accrued 
                with respect to such funds.
            (2) The term ``dockets 18-E and 58 judgment funds'' means 
        judgment funds awarded in dockets numbered 18-E and 58 in favor 
        of the Ottawa and Chippewa Indians of Michigan.
            (3) The term ``docket 364 judgment funds'' means the 
        judgment funds awarded in docket numbered 364 in favor of the 
        Ottawa and Chippewa Indians of Michigan.
            (4) The term ``docket 18-R judgment funds'' means the 
        judgment funds awarded in docket numbered 18-R in favor of the 
        Sault Ste. Marie Tribe of Chippewa Indians.
            (5) The term ``judgment distribution roll of descendants'' 
        means the roll prepared under section 6.
            (6) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 4. DIVISION OF FUNDS.

    (a) Docket 18-E and 58 Judgment Funds.--The Secretary shall divide 
the docket 18-E and 58 judgment funds as follows:
            (1) The lesser of 13.5 percent or $9,253,104.47, for 
        individuals on the judgment distribution roll of descendants.
            (2) 34.6 percent to the Sault Ste. Marie Tribe of Chippewa 
        Indians of Michigan and the Bay Mills Indian Community, of 
        which--
                    (A) the lesser of 35 percent of the principal and 
                interest as of December 31, 1996, or $8,313,877 shall 
                be for the Bay Mills Indian Community; and
                    (B) the remaining amount shall be for the Sault 
                Ste. Marie Tribe of Chippewa Indians of Michigan.
            (3) 17.3 percent to the Grand Traverse Band of Ottawa and 
        Chippewa Indians of Michigan.
            (4) 17.3 percent to the Little Traverse Bay Bands of Odawa 
        Indians of Michigan.
            (5) 17.3 percent to the Little River Band of Ottawa Indians 
        of Michigan.
            (6) Any funds remaining after distribution pursuant to 
        paragraphs (1) through (5) shall be divided and distributed to 
        each of the recognized tribes listed in this subsection in an 
        amount which bears the same ratio to the amount so divided and 
        distributed as the distribution of judgment funds pursuant to 
        each of paragraphs (1) through (5) bears to the total 
        distribution under all such paragraphs.
    (b) Docket 364 Judgment Funds.--The Secretary shall divide the 
docket 364 judgment funds as follows:
            (1) The lesser of 20 percent or $25,026.79 for individuals 
        on the judgment distribution roll of descendants.
            (2) 32 percent to the Sault Ste. Marie Tribe of Chippewa 
        Indians of Michigan and the Bay Mills Indian Community, of 
        which--
                    (A) 35 percent shall be for the Bay Mills Indian 
                Community; and
                    (B) the remaining amount shall be for the Sault 
                Ste. Marie Tribe of Chippewa Indians of Michigan.
            (3) 16 percent to the Grand Traverse Band of Ottawa and 
        Chippewa Indians of Michigan.
            (4) 16 percent to the Little Traverse Bay Bands of Odawa 
        Indians of Michigan.
            (5) 16 percent to the Little River Band of Ottawa Indians 
        of Michigan.
            (6) Any funds remaining after distribution pursuant to 
        paragraphs (1) through (5) shall be divided and distributed to 
        each of the recognized tribes listed in this subsection in an 
        amount which bears the same ratio to the amount so divided and 
        distributed as the distribution of judgment funds pursuant to 
        each of paragraphs (1) through (5) bears to the total 
        distribution under all such paragraphs.
    (c) Docket 18-R Judgment Funds.--The Secretary shall divide the 
docket 18-R judgment funds as follows:
            (1) 65 percent to the Sault Ste. Marie Tribe of Chippewa 
        Indians of Michigan.
            (2) 35 percent to the Bay Mills Indian Community.
    (d) Amounts for Judgment Distribution Roll of Descendants Held in 
Trust.--Pending distribution under this Act to individuals on the 
judgment distribution roll of descendants prepared under section 6, the 
Secretary shall hold amounts referred to in subsections (a)(1) and 
(b)(1) in trust.

SEC. 5. DEVELOPMENT OF TRIBAL PLANS FOR USE OR DISTRIBUTION OF FUNDS.

    (a) Disbursement of Funds.--(1) The Secretary shall disburse each 
tribe's respective share of the judgment funds described in subsections 
(a) and (b) of section 4 to a tribe specified in subsection (b) of this 
section not later than 30 days after a plan for use and distribution of 
such funds has been approved in accordance with this section. 
Disbursement of a tribe's share shall not be dependent upon approval of 
any other tribe's plan.
    (2) Section 7 shall be the plan for use and distribution of the 
judgment funds described in subsections (a)(2)(A), (b)(2)(A), and 
(c)(2) of section 4. Such plan shall be approved upon the enactment of 
this Act and such funds shall be distributed by the Secretary to the 
Bay Mills Indian Community not later than 90 days after the date of the 
enactment of this Act to be used and distributed in accordance with 
section 7.
    (3) Section 8 shall be the plan for use and distribution of the 
judgment funds described in subsections (a)(2)(B), (b)(2)(A), and 
(c)(1) of section 4. Such plan shall be approved upon the enactment of 
this Act and such funds shall be distributed by the Secretary to the 
Sault Ste. Marie Tribe of Chippewa Indians of Michigan not later than 
90 days after the date of the enactment of this Act to be used and 
distributed in accordance with section 8.
    (b) Eligible Tribes.--The tribes referred to in subsection (a) are 
the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan, the 
Little Traverse Bay Bands of Odawa Indians of Michigan, and the Little 
River Band of Ottawa Indians of Michigan.
    (c) Approval or Comment of Secretary.--
            (1) The tribe shall develop a plan for the use and 
        distribution of its respective share of the judgment funds. The 
        tribe shall hold a hearing or general membership meeting on its 
        proposed plan. The tribe shall submit to the Secretary its plan 
        together with an accompanying resolution of its governing body 
        accepting such plan, a transcript of its hearings or meetings 
        in which the plan was discussed with its general membership, 
        any documents circulated or made available to the membership on 
        the proposed plan, and comments from its membership received on 
        the proposed plan.
            (2) Not later than 90 days after a tribe makes its 
        submission under paragraph (1), the Secretary shall--
                    (A) if the plan complies with the provisions of 
                section 3(b) of the Indian Tribal Judgment Funds Use or 
                Distribution Act (25 U.S.C. 1403(b)), approve the plan; 
                or
                    (B) if the plan does not comply with the provisions 
                of section 3(b) of the Indian Tribal Judgment Funds Use 
                or Distribution Act (25 U.S.C. 1403(b)), return the 
                plan to the tribe with comments advising the tribe why 
                the plan does not comply with such provisions.
    (d) Response by Tribe.--The tribe shall have 60 days after receipt 
of comments under subsection (c)(2), or other time as the tribe and the 
Secretary agree upon, in which to respond to such comments and make 
such response by submitting a revised plan to the Secretary.
    (e) Submission to Congress.--(1) The Secretary shall, within 45 
days after receiving the governing body's comments under subsection 
(d), submit a plan to Congress in accordance with the provisions of 
section 3(b) of the Indian Tribal Judgment Funds Use or Distribution 
Act (25 U.S.C. 1403(b)). If the tribe does not submit a response 
pursuant to subsection (d), the Secretary shall, not later than 45 days 
after the end of the response time for such a response, submit a plan 
to Congress in accordance with the provisions of section 3(b) of the 
Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
1403(b)).
    (2) If a tribe does not submit a plan to the Secretary within 8 
years of the date of enactment of this Act, the Secretary shall approve 
a plan which complies with the provisions of section 3(b) of the Indian 
Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1403(b)).
    (f) Governing Law After Approval by Secretary.--Once approved by 
the Secretary under this Act, the effective date of the plan and other 
requisite action, if any, is determined by the provisions of section 5 
of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
1405).
    (g) Hearings Not Required.--Notwithstanding section 3 and section 4 
of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
1403 and 25 U.S.C. 1404), the Secretary shall not be required to hold 
hearings or submit transcripts of any hearings held previously 
concerning the Indian judgments which are related to the judgment 
funds. The Secretary's submission of the plan pursuant to this Act 
shall comply with section 4 of the Indian Tribal Judgment Funds Use or 
Distribution Act (25 U.S.C. 1404).

SEC. 6. PREPARATION OF JUDGMENT DISTRIBUTION ROLL OF DESCENDANTS.

    (a) Preparation.--Not later than 9 years after the date of the 
enactment of this Act, the Secretary shall prepare, in accordance with 
parts 61 and 62 of title 25, Code of Federal Regulations, a judgment 
distribution roll of all citizens of the United States who--
            (1) were born on or before the date of enactment of this 
        Act;
            (2) were living on the date of the enactment of this Act;

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