19–010

Calendar No. 708

107TH CONGRESS REPORT " SENATE ! 2d Session 107–313

PROVIDING FOR THE DISTRIBUTION OF JUDGMENT FUNDS 

TO THE ASSINIBOINE AND SIOUX TRIBES OF THE FORT 

PECK RESERVATION

OCTOBER 15, 2002.—Ordered to be printed 

Mr. INOUYE, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 3059] 

The Committee on Indian Affairs, to which was referred the bill 

(S. 3059) to provide for the distribution of judgment funds to the 

Assiniboine and Sioux Tribes of the Fort Peck Reservation, having 

considered the same, reports favorably therein without amendment 

and recommends that the bill do pass. 

PURPOSE

The purpose of S. 3059 is to authorize the use and distribution 

of a United States Court of Claims judgment award in the amount 

of $4,522,551.84 to the Assiniboine and Sioux Tribes and certain 

individual members of the Fort Peck Reservation in northeastern 

Montana. 

BACKGROUND

In 1987, the Assiniboine and Sioux Tribes and individual members of the Fort Peck Reservation brought suit against the United 

States to recover interest earned on their trust funds while those 

funds were held in Special Deposit and Indian Money Proceeds of 

Labor Agency accounts (IMPL-agency accounts). The case was filed 

in the United States Claims Court, and docketed as No. 773–87–

L. 

The Claims Court ruled that the United States was liable to the 

Fort Peck Tribes and individual Indians for income derived from 

investment of trust funds and interest on those funds during the 

period for which the funds were held in special deposit and IMPLagency accounts. The Tribes and the United States agreed to settle 

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the claims in the case for the amount of $4,522,551.84. The Claims 

Court approved the settlement agreement and judgment amount. 

The settlement agreement further provided that the judgment be 

divided between the Fort Peck Tribes and those individual Indians 

who are found to be eligible to share in the judgment. On January 

3, 2001, the court approved a stipulation between the parties that 

defined the procedures by which the respective shares of the Fort 

Peck Tribes and individual Indians in the judgment would be determined and distributed. 

On February 14, 2001, pursuant to the court-approved stipulation in the case, a portion of the Tribes’ share of the judgment was 

deposited into an account in the United States Treasury for the use 

of the Fort Peck Tribes. As provided by the stipulation, those funds 

are to be available for immediate use by the Tribes pursuant to a 

plan adopted under the Indian Tribal Judgment Funds Use or Distribution Act, 25 U.S.C. § 1401 et seq. The court-approved stipulation further recognized that the Tribes will most likely receive additional payments from the settlement once all individuals eligible 

to share in the judgment are identified and the pro rata shares are 

finally computed. Those funds, too, are to be available for use by 

the Tribes in accordance with a plan adopted under the Tribal 

Judgment Funds Use or Distribution Act. 

As required by the stipulation and the Tribal Judgment Funds 

Use or Distribution Act, the Tribes developed a plan for the use of 

the Tribes’ share of the settlement. Under the plan, the Tribes’

share of the judgment will be used for tribal health, education, 

housing and social services programs. 

The Tribes submitted their plan to the Department of the Interior for review and approval. Public hearings were held to hear the 

views and recommendations of Tribal members regarding the plan. 

The Tribal Judgment Funds Use or Distribution Act imposes a oneyear deadline on the Department of the Interior to approve the 

plan. The Tribes have been advised that the Department of Interior 

has no objection to the Tribes’ plan and can approve it. However, 

although the plan was developed and a public hearing was held 

during 2001, the Interior Department did not complete its review 

of the plan within the one-year deadline. As a result, in order for 

the Fort Peck Tribes to make use of the judgment awarded to the 

Tribes, it is necessary for Congress to formally adopt legislation approving the Tribe’s plan. The provisions of S. 3059 would serve this 

purpose. 

LEGISLATIVE HISTORY

S. 3059 was introduced on October 4, 2002 by Senator Max Baucus and was referred to the Committee on Indian Affairs. 

COMMITTEE RECOMMENDATION AND TABULATION OF THE VOTE

On October 8, 2002, the Committee on Indian Affairs, through a 

polling of its members, approved and ordered S. 3059 to be reported favorably to the United States Senate. 

COST AND BUDGETARY CONSIDERATIONS

At the time of filing this report, the cost estimate of the Congressional Budget Office on S. 3059 has not yet been received. CompliVerDate 0ct 02 2002 05:21 Oct 16, 2002 Jkt 019010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR313.XXX SR313
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ance with Senate Rule XXVI, paragraph 11(a) is therefore impracticable at this time. 

SECTION-BY-SECTION ANALYSIS OF S. 3059

Section 1. Short title 

The Act may be cited as the ‘‘Assiniboine and Sioux Tribes of the 

Fort Peck Reservation Judgment Fund Distribution Act of 2002.’’

Section 2. Findings and purpose 

Section 2 sets forth congressional findings including that in 1987, 

the Assiniboine and Sioux Tribes of the Fort Peck Reservation and 

five individual Fort Peck tribal members filed a complaint in the 

United States Claims Court in Assiniboine and Sioux Tribes of the 

Fort Peck Reservation v. the United States of America, Docket No. 

773–87–L to recover interest earned on trust funds while those 

funds were held in special deposit and IMPL-agency accounts. 

In this case, the Claims Court held that the United States was 

liable for any income derived from investment of the trust funds of 

the Tribe and individual members of the Tribe. The plaintiffs entered into a settlement with the United States for payment of the 

claims. The terms of the settlement were approved by the Court 

and judgment in the amount of $4,522,551.81 was entered. 

Section 3. Definitions 

Terms defined in this section include ‘‘Distribution Amount,’’

‘‘Judgment Amount,’’ ‘‘Principal Indebtedness,’’ and ‘‘Tribe.’’

Section 4. Distribution of judgment funds 

section 4 describes how the distribution amount awarded to the 

Tribe shall be made available for tribal health, education, housing 

and social services programs of the Tribe and the amount of funds 

allocated among these uses shall be specified in an annual budget 

developed by the Tribe and approved by the Secretary of the Interior. 

Section 5. Applicable law 

Section 5 provides that all funds distributed under this act, except those distributed under Section 4 are subject to sections 7 and 

8 of the Indian Tribal Judgment Funds Use or Distribution Act. 

REGULATORY IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires that each report accompanying a bill evaluate the regulatory paperwork impact that would be incurred in carrying out 

this bill. The Committee believes that S. 3059 will have minimal 

regulatory or paperwork impact. 

EXECUTIVE COMMUNICATIONS

The position of the Administration on S. 3059 has not been received. 

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CHANGES IN EXISTING LAW

In compliance subsection 12 of rule XXVI of the Standing Rules 

of the Senate, the Committee notes that S. 3059 will not effect any 

changes in existing law.

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