IB 

Union Calendar No. 354 

112TH CONGRESS 

2D SESSION H. R. 1272 

[Report No. 112–501] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2011 

Mr. PETERSON (for himself and Mr. CRAVAACK) introduced the following bill; 

which was referred to the Committee on Natural Resources 

MAY 30, 2012 

Additional sponsor: Mr. PAULSEN

MAY 30, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 30, 2011] 


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A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Minnesota Chippewa 

5 Tribe Judgment Fund Distribution Act of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) On January 22, 1948, the Minnesota Chip9 pewa Tribe, representing all Chippewa bands in Min10 nesota except the Red Lake Band, filed a claim before 

11 the Indian Claims Commission in Docket No. 19 for 

12 an accounting of all funds received and expended pur13 suant to the Act of January 14, 1889, 25 Stat. 642, 

14 and amendatory acts (hereinafter referred to as the 

15 Nelson Act). 

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

17 Tribe, representing all Chippewa bands in Minnesota 

18 except the Red Lake Band, filed a number of claims 

19 before the Indian Claims Commission in Docket No. 

20 188 for an accounting of the Government’s obligation 

21 to each of the member bands of the Minnesota Chip22 pewa Tribe under various statutes and treaties that 

23 are not covered by the Nelson Act of January 14, 

24 1889. 


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1 (3) On May 17, 1999, a Joint Motion for Find2 ings in Aid of Settlement of the claims in Docket No. 

3 19 and 188 was filed before the Court. 

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

5 the Court and the final judgment was entered on May 

6 26, 1999. 

7 (5) On June 22, 1999, $20,000,000 was trans8 ferred to the Department of the Interior and deposited 

9 into a trust fund account established for the bene10 ficiaries of the funds awarded in Docket No. 19 and 

11 188. 

12 (6) Pursuant to the Indian Tribal Judgment 

13 Funds Use or Distribution Act (25 U.S.C. 1401 et 

14 seq.), Congress must act to authorize the use or dis15 tribution of the judgment funds. 

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

17 Tribal Executive Committee passed Resolution 146– 

18 09, approving a plan to distribute the judgment funds 

19 and requesting that the United States Congress act to 

20 distribute the judgment funds in the manner described 

21 by the plan. 

22 SEC. 3. DEFINITIONS. 

23 For the purpose of this Act: 

24 (1) AVAILABLE FUNDS.—The term ‘‘available 

25 funds’’ means the funds awarded to the Minnesota 


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1 Chippewa Tribe and interest earned and received on 

2 those funds, less the funds used for payments author3 ized under section 4. 

4 (2) BANDS.—The term ‘‘Bands’’ means the Bois 

5 Forte Band, Fond du Lac Band, Grand Portage 

6 Band, Leech Lake Band, Mille Lacs Band, and White 

7 Earth Band. 

8 (3) JUDGMENT FUNDS.—The term ‘‘judgment 

9 funds’’ means the funds awarded on May 26, 1999, 

10 to the Minnesota Chippewa Tribe by the Court of 

11 Federal Claims in Docket No. 19 and 188. 

12 (4) MINNESOTA CHIPPEWA TRIBE.—The term 

13 ‘‘Minnesota Chippewa Tribe’’ means the Minnesota 

14 Chippewa Tribe, Minnesota, composed of the Bois 

15 Forte Band, Fond du Lac Band, Grand Portage 

16 Band, Leech Lake Band, Mille Lacs Band, and White 

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

18 Chippewa Indians, Minnesota. 

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

20 the Secretary of the Interior. 

21 SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA CHIPPEWA 

22 TRIBE. 

23 (a) IN GENERAL.—The Secretary is authorized to re24 imburse the Minnesota Chippewa Tribe the amount of 

25 funds, plus interest earned to the date of reimbursement, 


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1 that the Minnesota Chippewa Tribe contributed for pay2 ment of attorneys’ fees and litigation expenses associated 

3 with the litigation of Docket No. 19 and 188 before the U.S. 

4 Court of Federal Claims and the distribution of judgment 

5 funds. 

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

7 for reimbursement of funds expended shall be— 

8 (1) presented to the Secretary not later than 90 

9 days after the date of enactment of this Act; 

10 (2) certified by the Minnesota Chippewa Tribe as 

11 being unreimbursed to the Minnesota Chippewa Tribe 

12 from other funding sources; 

13 (3) paid with interest calculated at the rate of 

14 6.0 percent per annum, simple interest, from the date 

15 the funds were expended to the date the funds are re16 imbursed to the Minnesota Chippewa Tribe; and 

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

18 division of the funds under section 5. 

19 SEC. 5. DIVISION OF JUDGMENT FUNDS. 

20 (a) MEMBERSHIP ROLLS.—Not later than 90 days 

21 after the date of the enactment of this Act, the Minnesota 

22 Chippewa Tribe shall submit to the Secretary updated 

23 membership rolls for each Band, which shall include all en24 rolled members the date of the enactment of this Act. 


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

2 under section 4, and the membership rolls have been up3 dated under subsection (a), the Secretary shall— 

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

5 available judgment funds equivalent to $300 for each 

6 member enrolled within each Band; and 

7 (2) after the funds are set aside in accordance 

8 with paragraph (1), divide 100 percent of the remain9 ing funds into equal shares for each Band. 

10 (c) SEPARATE ACCOUNTS.—The Secretary shall— 

11 (1) deposit all funds described in subsection 

12 (b)(1) into a ‘‘Per Capita’’ account for each Band; 

13 and 

14 (2) deposit all funds described in subsection 

15 (b)(2) into an ‘‘Equal Shares’’ account for each Band. 

16 (d) WITHDRAWAL OF FUNDS.—After the Secretary de17 posits the available funds into the accounts described in sub18 section (c), a Band may withdraw all or part of the monies 

19 in its account. 

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

21 funds described in subsection (b)(1) shall be used by each 

22 Band only for the purposes of distributing one $300 pay23 ment to each individual member of the Band. Each Band 

24 may— 


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

2 legal guardians on behalf of each dependent Band 

3 member instead of distributing such $300 payment to 

4 the dependent Band member; or 

5 (2) deposit into a trust account the $300 pay6 ment to each dependent Band member for the benefit 

7 of such dependent Band member, to be distributed 

8 under the terms of such trust. 

9 (f) DISTRIBUTION OF UNCLAIMED PAYMENTS.—One 

10 year after the funds described in subsection (b)(1) are made 

11 available to the Bands, all unclaimed payments described 

12 in subsection (e) shall be returned to the Secretary, who 

13 shall divide these funds into equal shares for each Band, 

14 and deposit the divided shares into the accounts described 

15 in subsection (c)(2) for the use of each Band. 

16 (g) LIABILITY.—If a Band exercises the right to with17 draw monies from its accounts, the Secretary shall not re18 tain liability for the expenditure or investment of the mon19 ies after each withdrawal. 

20 SEC. 6. GENERAL PROVISIONS. 

21 (a) PREVIOUS OBLIGATIONS.—Funds disbursed under 

22 this Act shall not be liable for the payment of previously 

23 contracted obligations of any recipient as provided in Pub24 lic Law 98–64 (25 U.S.C. 117b(a)). 


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1 (b) INDIAN JUDGMENT FUNDS DISTRIBUTION ACT.— 

2 All funds distributed under this Act are subject to the provi3 sions in the Indian Judgment Funds Distribution Act (25 

4 U.S.C. 1407). 


srobinson on DSK4SPTVN1PROD with BILLS
Union Calendar No. 354 

112TH CONGRESS 

2D SESSION H. R. 1272 

[Report No. 112–501] 

A BILL 

To provide for the use and distribution of the funds 

poses. Docket Numbers 19 and 188, and for other purby the United States Court of Federal Claims in awarded to the Minnesota Chippewa Tribe, et al., 

MAY 30, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSK4SPTVN1PROD with BILLS