H. R. 1272 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

To provide for the use and distribution of the funds awarded to the Minnesota 

Chippewa Tribe, et al., by the United States Court of Federal Claims in Docket 

Numbers 19 and 188, 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. 

This Act may be cited as the ‘‘Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2012’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) On January 22, 1948, the Minnesota Chippewa Tribe, 

representing all Chippewa bands in Minnesota except the Red 

Lake Band, filed a claim before the Indian Claims Commission 

in Docket No. 19 for an accounting of all funds received and 

expended pursuant to the Act of January 14, 1889, 25 Stat. 

642, and amendatory acts (hereinafter referred to as the Nelson 

Act). 

(2) On August 2, 1951, the Minnesota Chippewa Tribe, 

representing all Chippewa bands in Minnesota except the Red 

Lake Band, filed a number of claims before the Indian Claims 

Commission in Docket No. 188 for an accounting of the Government’s obligation to each of the member bands of the Minnesota 

Chippewa Tribe under various statutes and treaties that are 

not covered by the Nelson Act of January 14, 1889. 

(3) On May 17, 1999, a Joint Motion for Findings in Aid 

of Settlement of the claims in Docket No. 19 and 188 was 

filed before the Court. 

(4) The terms of the settlement were approved by the 

Court and the final judgment was entered on May 26, 1999. 

(5) On June 22, 1999, $20,000,000 was transferred to the 

Department of the Interior and deposited into a trust fund 

account established for the beneficiaries of the funds awarded 

in Docket No. 19 and 188. 

(6) Pursuant to the Indian Tribal Judgment Funds Use 

or Distribution Act (25 U.S.C. 1401 et seq.), Congress must 

act to authorize the use or distribution of the judgment funds. 

(7) On October 1, 2009, the Minnesota Chippewa Tribal 

Executive Committee passed Resolution 146–09, approving a 

plan to distribute the judgment funds and requesting that 

the United States Congress act to distribute the judgment 

funds in the manner described by the plan. 
H. R. 1272—2 

SEC. 3. DEFINITIONS. 

For the purpose of this Act: 

(1) AVAILABLE FUNDS.—The term ‘‘available funds’’ means 

the funds awarded to the Minnesota Chippewa Tribe and 

interest earned and received on those funds, less the funds 

used for payments authorized under section 4. 

(2) BANDS.—The term ‘‘Bands’’ means the Bois Forte Band, 

Fond du Lac Band, Grand Portage Band, Leech Lake Band, 

Mille Lacs Band, and White Earth Band. 

(3) JUDGMENT FUNDS.—The term ‘‘judgment funds’’ means 

the funds awarded on May 26, 1999, to the Minnesota Chippewa 

Tribe by the Court of Federal Claims in Docket No. 19 and 

188. 

(4) MINNESOTA CHIPPEWA TRIBE.—The term ‘‘Minnesota 

Chippewa Tribe’’ means the Minnesota Chippewa Tribe, Minnesota, composed of the Bois Forte Band, Fond du Lac Band, 

Grand Portage Band, Leech Lake Band, Mille Lacs Band, and 

White Earth Band. It does not include Red Lake Band of 

Chippewa Indians, Minnesota. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA CHIPPEWA TRIBE. 

(a) IN GENERAL.—The Secretary is authorized to reimburse 

the Minnesota Chippewa Tribe the amount of funds, plus interest 

earned to the date of reimbursement, that the Minnesota Chippewa 

Tribe contributed for payment of attorneys’ fees and litigation 

expenses associated with the litigation of Docket No. 19 and 188 

before the U.S. Court of Federal Claims and the distribution of 

judgment funds. 

(b) CLAIMS.—The Minnesota Chippewa Tribe’s claim for 

reimbursement of funds expended shall be— 

(1) presented to the Secretary not later than 90 days after 

the date of enactment of this Act; 

(2) certified by the Minnesota Chippewa Tribe as being 

unreimbursed to the Minnesota Chippewa Tribe from other 

funding sources; 

(3) paid with interest calculated at the rate of 6.0 percent 

per annum, simple interest, from the date the funds were 

expended to the date the funds are reimbursed to the Minnesota 

Chippewa Tribe; and 

(4) paid from the judgment funds prior to the division 

of the funds under section 5. 

SEC. 5. DIVISION OF JUDGMENT FUNDS. 

(a) MEMBERSHIP ROLLS.—Not later than 90 days after the date 

of the enactment of this Act, the Minnesota Chippewa Tribe shall 

submit to the Secretary updated membership rolls for each Band, 

which shall include all enrolled members the date of the enactment 

of this Act. 

(b) DIVISIONS.—After all funds have been reimbursed under 

section 4, and the membership rolls have been updated under 

subsection (a), the Secretary shall— 

(1) set aside for each Band a portion of the available 

judgment funds equivalent to $300 for each member enrolled 

within each Band; and 
H. R. 1272—3 

(2) after the funds are set aside in accordance with paragraph (1), divide 100 percent of the remaining funds into equal 

shares for each Band. 

(c) SEPARATE ACCOUNTS.—The Secretary shall— 

(1) deposit all funds described in subsection (b)(1) into 

a ‘‘Per Capita’’ account for each Band; and 

(2) deposit all funds described in subsection (b)(2) into 

an ‘‘Equal Shares’’ account for each Band. 

(d) WITHDRAWAL OF FUNDS.—After the Secretary deposits the 

available funds into the accounts described in subsection (c), a 

Band may withdraw all or part of the monies in its account. 

(e) DISBURSEMENT OF PER CAPITA PAYMENTS.—All funds 

described in subsection (b)(1) shall be used by each Band only 

for the purposes of distributing one $300 payment to each individual 

member of the Band. Each Band may— 

(1) distribute the $300 payment to the parents or legal 

guardians on behalf of each dependent Band member instead 

of distributing such $300 payment to the dependent Band 

member; or 

(2) deposit into a trust account the $300 payment to each 

dependent Band member for the benefit of such dependent 

Band member, to be distributed under the terms of such trust. 

(f) DISTRIBUTION OF UNCLAIMED PAYMENTS.—One year after 

the funds described in subsection (b)(1) are made available to the 

Bands, all unclaimed payments described in subsection (e) shall 

be returned to the Secretary, who shall divide these funds into 

equal shares for each Band, and deposit the divided shares into 

the accounts described in subsection (c)(2) for the use of each 

Band. 

(g) LIABILITY.—If a Band exercises the right to withdraw monies 

from its accounts, the Secretary shall not retain liability for the 

expenditure or investment of the monies after each withdrawal. 

SEC. 6. GENERAL PROVISIONS. 

(a) PREVIOUS OBLIGATIONS.—Funds disbursed under this Act 

shall not be liable for the payment of previously contracted obligations of any recipient as provided in Public Law 98–64 (25 U.S.C. 

117b(a)). 
H. R. 1272—4 

(b) INDIAN JUDGMENT FUNDS DISTRIBUTION ACT.—All funds 

distributed under this Act are subject to the provisions in the 

Indian Judgment Funds Distribution Act (25 U.S.C. 1407). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.