Home > 108th Congressional Public Laws > Pub.L. 108-023 To expand the boundaries of the Ottawa National Wildlife Refuge Complex and the Detroit River International Wildlife Refuge. <> ...

Pub.L. 108-023 To expand the boundaries of the Ottawa National Wildlife Refuge Complex and the Detroit River International Wildlife Refuge. <> ...


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        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 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 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 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.

                                  <all>

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