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[[Page 2651]]

               MICHIGAN INDIAN LAND CLAIMS SETTLEMENT ACT

[[Page 111 STAT. 2652]]

Public Law 105-143
105th Congress

                                 An Act


 
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. <<NOTE: Dec. 15, 1997 -  [H.R. 1604]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America <<NOTE: Michigan Indian Land Claims Settlement 
Act.>>  in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Michigan Indian Land Claims 
Settlement Act''.

TITLE I--DIVISION, USE, AND DISTRIBUTION OF JUDGMENT FUNDS OF THE OTTAWA 
                    AND CHIPPEWA INDIANS OF MICHIGAN

SEC. 101. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.

TITLE I--DIVISION, USE, AND DISTRIBUTION OF JUDGMENT FUNDS OF THE OTTAWA 
                    AND CHIPPEWA INDIANS OF MICHIGAN

Sec. 101. Table of contents.
Sec. 102. Findings; purpose.
Sec. 103. Definitions.
Sec. 104. Division of funds.
Sec. 105. Development of tribal plans for use or distribution of funds.
Sec. 106. Preparation of judgment distribution roll of descendants.
Sec. 107. Plan for use and distribution of Bay Mills Indian Community 
           funds.
Sec. 108. Plan for use of Sault Ste. Marie Tribe of Chippewa Indians of 
           Michigan funds.
Sec. 109. Plan for use of Grand Traverse Band of Ottawa and Chippewa 
           Indians of Michigan funds.
Sec. 110. Payment to newly recognized or reaffirmed tribes.
Sec. 111. Treatment of funds in relation to other laws.
Sec. 112. Treaties not affected.

   TITLE II--LIMITATION ON HEALTH CARE CONTRACTS AND COMPACTS FOR THE 
                        KETCHIKAN GATEWAY BOROUGH

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Limitation.

[[Page 111 STAT. 2653]]

SEC. 102. 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 Band 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 title 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. 103. DEFINITIONS.

    For purposes of this title 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 Band of Chippewa Indians.
            (5) The term ``judgment distribution roll of descendants'' 
        means the roll prepared pursuant to section 106.
            (6) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 104. 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 and $9,253,104.47, and 
        additional funds as described in this section, for newly 
        recognized or reaffirmed tribes described in section 110 and 
        eligible individuals on the judgment distribution roll of 
        descendants.

[[Page 111 STAT. 2654]]

            (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, and $8,313,877 shall 
                be for the Bay Mills Indian Community; and
                    (B) the remaining amount (less $161,723.89 which 
                shall be added to the funds described in paragraph (1)) 
                shall be for the Sault Ste. Marie Tribe of Chippewa 
                Indians of Michigan.
            (3) 17.3 percent (less $161,723.89 which shall be added to 
        the funds described in paragraph (1)) to the Grand Traverse Band 
        of Ottawa and Chippewa Indians of Michigan.
            (4) 17.3 percent (less $161,723.89 which shall be added to 
        the funds described in paragraph (1)) to the Little Traverse Bay 
        Bands of Odawa Indians of Michigan.
            (5) 17.3 percent (less $161,723.89 which shall be added to 
        the funds described in paragraph (1)) 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 (2) 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 and $28,026.79 for newly 
        recognized or reaffirmed tribes described in section 110 and 
        eligible 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 (2) 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.

[[Page 111 STAT. 2655]]

    (d) Amounts for Newly Recognized or Reaffirmed Tribes or Individuals 
on the Judgment Distribution Roll of Descendants Held in Trust.--Pending 
distribution under this title to newly recognized or reaffirmed tribes 
described in section 110 or individuals on the judgment distribution 
roll of descendants, the Secretary shall hold amounts referred to in 
subsections (a)(1) and (b)(1) in trust.

SEC. 105. DEVELOPMENT OF TRIBAL PLANS FOR USE OR DISTRIBUTION OF FUNDS.

    (a) Disbursement of Funds.--(1) Except as provided in paragraphs 
(2), (3), and (4), the Secretary shall disburse each tribe's respective 
share of the judgment funds described in subsections (a), (b), and (c) 
of section 104 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 107 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 104. 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 107.
    (3) Section 108 shall be the plan for use and distribution of the 
judgment funds described in subsections (a)(2)(B), (b)(2)(B), and (c)(1) 
of section 104. 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 108.
    (4) Section 109 shall be the plan for use and distribution of the 
judgment funds described in subsections (a)(3) and (b)(3) of section 
104. Such plan shall be approved upon the enactment of this Act and such 
funds shall be distributed by the Secretary to the Grand Traverse Band 
of Ottawa and 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 109.
    (b) Approval or Comment of Secretary.--(1) Except as otherwise 
provided in this title, each 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

[[Page 111 STAT. 2656]]

            (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.

    (c) Response by Tribe.--The tribe shall have 60 days after receipt 
of comments under subsection (b)(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.
    (d) Submission to Congress.--(1) The Secretary shall, within 45 days 
after receiving the governing body's comments under 
subsection (c), 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 (c), 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)).
    (e) Governing Law After Approval by Secretary.--Once approved by the 
Secretary under this title, 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).
    (f ) 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 title shall 
comply with section 4 of the Indian Tribal Judgment Funds Use or 
Distribution Act (25 U.S.C. 1404).

SEC. 106. PREPARATION OF JUDGMENT DISTRIBUTION ROLL OF DESCENDANTS.

    (a) Preparation.--
            (1) In general.--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--
                    (A) were born on or before the date of enactment of 
                this Act;
                    (B) were living on the date of the enactment of this 
                Act;
                    (C) are of at least one-quarter Michigan Ottawa or 
                Chippewa Indian blood, or a combination thereof;
                    (D) are not members of the tribal organizations 

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