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108th CONGRESS
1st Session
S. 162
To provide for the use and distribution of certain funds awarded to the
Gila River Pima-Maricopa Indian Community, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
January 15, 2003
Mr. McCain introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
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A BILL
To provide for the use and distribution of certain funds awarded to the
Gila River Pima-Maricopa Indian Community, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Gila River Indian
Community Judgment Fund Distribution Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION
Sec. 101. Distribution of judgment funds.
Sec. 102. Responsibility of Secretary; applicable law.
TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS
Sec. 201. Plan for use and distribution of judgment funds awarded in
Docket No. 228.
Sec. 202. Plan for use and distribution of judgment funds awarded in
Docket No. 236-N.
TITLE III--EXPERT ASSISTANCE LOANS
Sec. 301. Waiver of repayment of expert assistance loans to Gila River
Indian Community.
SEC. 2. FINDINGS.
Congress finds that--
(1) on August 8, 1951, the Gila River Indian Community
filed a complaint before the Indian Claims Commission in Gila
River Pima-Maricopa Indian Community v. United States, Docket
No. 236, for the failure of the United States to carry out its
obligation to protect the use by the Community of water from
the Gila River and the Salt River in the State of Arizona;
(2) except for Docket Nos. 236-C and 236-D, which remain
undistributed, all 14 original dockets under Docket No. 236
have been resolved and distributed;
(3) in Gila River Pima-Maricopa Indian Community v. United
States, 29 Ind. Cl. Comm. 144 (1972), the Indian Claims
Commission held that the United States, as trustee, was liable
to the Community with respect to the claims made in Docket No.
236-C;
(4) in Gila River Pima-Maricopa Indian Community v. United
States, 684 F.2d 852 (1982), the United States Claims Court
held that the United States, as trustee, was liable to the
Community with respect to the claims made in Docket No. 236-D;
(5) with the approval of the Community under Community
Resolution GR-98-98, the Community entered into a settlement
with the United States on April 27, 1999, for claims made under
Dockets Nos. 236-C and 236-D for an aggregate total of
$7,000,000;
(6) on May 3, 1999, the United States Court of Federal
Claims ordered that a final judgment be entered in consolidated
Dockets Nos. 236-C and 236-D for $7,000,000 in favor of the
Community and against the United States;
(7)(A) on October 6, 1999, the Department of the Treasury
certified the payment of $7,000,000, less attorney fees, to be
deposited in a trust account on behalf of the Community; and
(B) that payment was deposited in a trust account managed
by the Office of Trust Funds Management of the Department of
the Interior; and
(8) in accordance with the Indian Tribal Judgment Funds Use
or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is
required to submit an Indian judgment fund use or distribution
plan to Congress for approval.
SEC. 3. DEFINITIONS.
In this Act:
(1) Adult.--The term ``adult'' means an individual who--
(A) is 18 years of age or older as of the date on
which the payment roll is approved by the Community; or
(B) will reach 18 years of age not later than 30
days after the date on which the payment roll is
approved by the Community.
(2) Community.--The term ``Community'' means the Gila River
Indian Community.
(3) Community-owned funds.--The term ``Community-owned
funds'' means--
(A) funds held in trust by the Secretary as of the
date of enactment of this Act that may be made
available to make payments under section 101; or
(B) revenues held by the Community that--
(i) are derived from trust resources; and
(ii) qualify for an exemption under section
7 or 8 of the Indian Tribal Judgment Funds Use
or Distribution Act (25 U.S.C. 1407, 1408).
(4) IIM account.--The term ``IIM account'' means an
individual Indian money account.
(5) Judgment funds.--The term ``judgment funds'' means the
aggregate amount awarded to the Community by the Court of
Federal Claims in Dockets Nos. 236-C and 236-D.
(6) Legally incompetent individual.--The term ``legally
incompetent individual'' means an individual who has been
determined to be incapable of managing his or her own affairs
by a court of competent jurisdiction.
(7) Minor.--The term ``minor'' means an individual who is
not an adult.
(8) Payment roll.--The term ``payment roll'' means the list
of eligible, enrolled members of the Community who are eligible
to receive a payment under section 101(a), as prepared by the
Community under section 101(b).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION
SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS.
(a) Per Capita Payments.--Notwithstanding the Indian Tribal
Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) or any
other provision of law (including any regulation promulgated or plan
developed under such a law), the amounts paid in satisfaction of an
award granted to the Gila River Indian Community in Dockets Nos. 236-C
and 236-D before the United States Court of Federal Claims, less
attorney fees and litigation expenses and including all accrued
interest, shall be distributed in the form of per capita payments (in
amounts as equal as practicable) to all eligible enrolled members of
the Community.
(b) Preparation of Payment Roll.--
(1) In general.--The Community shall prepare a payment roll
of eligible, enrolled members of the Community that are
eligible to receive payments under this section in accordance
with the criteria described in paragraph (2).
(2) Criteria.--
(A) Individuals eligible to receive payments.--
Subject to subparagraph (B), the following individuals
shall be eligible to be listed on the payment roll and
eligible to receive a per capita payment under
subsection (a):
(i) All enrolled Community members who are
eligible to be listed on the per capita payment
roll that was approved by the Secretary for the
distribution of the funds awarded to the
Community in Docket No. 236-N (including any
individual who was inadvertently omitted from
that roll).
(ii) All enrolled Community members who are
living on the date of enactment of this Act.
(iii) All enrolled Community members who
died--
(I) after the effective date of the
payment plan for Docket No. 236-N; but
(II) on or before the date of
enactment of this Act.
(B) Individuals ineligible to receive payments.--
The following individuals shall be ineligible to be
listed on the payment roll and ineligible to receive a
per capita payment under subsection (a):
(i) Any individual who, before the date on
which the Community approves the payment roll,
relinquished membership in the Community.
(ii) Any minor who relinquishes membership
in the Community, or whose parent or legal
guardian relinquishes membership on behalf of
the minor, before the date on which the minor
reaches 18 years of age.
(iii) Any individual who is disenrolled by
the Community for just cause (such as dual
enrollment or failure to meet the eligibility
requirements for enrollment).
(iv) Any individual who is determined or
certified by the Secretary to be eligible to
receive a per capita payment of funds relating
to a judgment--
(I) awarded to another community,
Indian tribe, or tribal entity; and
(II) appropriated on or before the
date of enactment of this Act.
(v) Any individual who is not enrolled as a
member of the Community on or before the date
that is 90 days after the date of enactment of
this Act.
(c) Notice to Secretary.--On approval by the Community of the
payment roll, the Community shall submit to the Secretary a notice that
indicates the total number of individuals eligible to share in the per
capita distribution under subsection (a), as expressed in subdivisions
that reflect--
(1) the number of shares that are attributable to eligible
living adult Community members; and
(2) the number of shares that are attributable to deceased
individuals, legally incompetent individuals, and minors.
(d) Information Provided to Secretary.--The Community shall provide
to the Secretary enrollment information necessary to allow the
Secretary to establish--
(1) estate accounts for deceased individuals described in
subsection (c)(2); and
(2) IIM accounts for legally incompetent individuals and
minors described in subsection (c)(2).
(e) Disbursement of Funds.--
(1) In general.--Not later than 30 days after the date on
which the payment roll is approved by the Community and the
Community has reconciled the number of shares that belong in
each payment subdivision described in subsection (c), the
Secretary shall disburse to the Community the funds necessary
to make the per capita distribution under subsection (a) to
eligible living adult members of the Community described in
subsection (c)(1).
(2) Administration and distribution.--On disbursement of
the funds under paragraph (1), the Community shall bear sole
responsibility for administration and distribution of the
funds.
(f) Shares of Deceased Individuals.--
(1) In general.--The Secretary, in accordance with
regulations promulgated by the Secretary and in effect as of
the date of enactment of this Act, shall distribute to the
appropriate heirs and legatees of deceased individuals
described in subsection (c)(2) the per capita shares of those
deceased individuals.
(2) Absence of heirs and legatees.--If the Secretary and
the Community make a final determination that a deceased
individual described in subsection (c)(2) has no heirs or
legatees, the per capita share of the deceased individual and
the interest earned on that share shall--
(A) revert to the Community; and
(B) be deposited into the general fund of the
Community.
(g) Shares of Legally Incompetent Individuals.--
(1) In general.--The Secretary shall deposit the shares of
legally incompetent individuals described in subsection (c)(2)
in supervised IIM accounts.
(2) Administration.--The IIM accounts described in
paragraph (1) shall be administered in accordance with
regulations and procedures established by the Secretary and in
effect as of the date of enactment of this Act.
(h) Shares of Minors.--
(1) In general.--The Secretary shall deposit the shares of
minors described in subsection (c)(2) in supervised IIM
accounts.
(2) Administration.--
(A) In general.--The Secretary shall hold the per
capita share of a minor described in subsection (c)(2)
in trust until such date as the minor reaches 18 years
of age.
(B) Nonapplicable law.--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 by the Secretary
under this Act.
(C) Disbursement.--No judgment funds, nor any
interest earned on judgment funds, shall be disbursed
from the account of a minor described in subsection
(c)(2) until such date as the minor reaches 18 years of
age.
(i) Payment of Eligible Individuals Not Listed on Payment Roll.--
(1) In general.--An individual who is not listed on the
payment roll, but is eligible to receive a payment under this
Act, as determined by the Community, may be paid from any
remaining judgment funds after the date on which--
(A) the Community makes the per capita distribution
under subsection (a); and
(B) all appropriate IIM accounts are established
under subsections (g) and (h).
(2) Insufficient funds.--If insufficient judgment funds
remain to cover the cost of a payment described in paragraph
(1), the Community may use Community-owned funds to make the
payment.
(3) Minors, legally incompetent individuals, and deceased
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
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