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. <> ...
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:
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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.
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