Union Calendar No. 204
105TH CONGRESS
1ST SESSION
H. R. 1604
[Report No. 105–352]
A BILL
To provide for the division, use, and distribution of
judgment funds of the Ottawa and Chippewa In-
dians of Michigan pursuant to dockets numbered
18–E, 58, 364, and 18–R before the Indian
Claims Commission.
OCTOBER 28, 1997
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 204
105TH CONGRESS
1ST SESSION
H. R. 1604
[Report No. 105–352]
To provide for the division, use, and distribution of judgment funds of
the Ottawa and Chippewa Indians of Michigan pursuant to dockets
numbered 18–E, 58, 364, and 18–R before the Indian Claims Commis-
sion.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 1997
Mr. KILDEE (for himself, Mr. HAYWORTH, and Mr. KENNEDY of Rhode Is-
land) introduced the following bill; which was referred to the Committee
on Resources
OCTOBER 28, 1997
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 May 14, 1997]
A BILL
To provide for the division, use, and distribution of judgment
funds of the Ottawa and Chippewa Indians of Michigan
pursuant to dockets numbered 18–E, 58, 364, and 18–
R before the Indian Claims Commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. Division of funds.
Sec. 5. Development of tribal plans for use or distribution of funds.
Sec. 6. Preparation of judgment distribution roll of descendants.
Sec. 7. Plan for use and distribution of Bay Mills Indian Community funds.
Sec. 8. Plan for use of Sault Ste. Marie tribe of Chippewa Indians of Michigan
funds.
Sec. 9. Payment of per capita shares.
Sec. 10. Newly recognized or affirmed tribes.
Sec. 11. Treatment of funds in relation to other laws.
Sec. 12. Treaties not affected.
SEC. 2. FINDINGS; PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) Judgments were rendered in the Indian
Claims Commission in dockets numbered 18–E, 58,
and 364 in favor of the Ottawa and Chippewa Indi-
ans of Michigan and in docket numbered 18–R in
favor of the Sault Ste. Marie Tribe of Chippewa Indi-
ans.
(2) The funds Congress appropriated to pay
these judgments have been held by the Department of
the Interior for the beneficiaries pending a division of
the funds among the beneficiaries in a manner ac-
ceptable to the tribes and descendency group and
pending development of plans for the use and dis-
tribution of the respective tribes’ share.
(3) The 1836 treaty negotiations show that the
United States concluded negotiations with the Chip-
pewa concerning the cession of the upper peninsula
and with the Ottawa with respect to the lower penin-
sula.
(4) A number of sites in both areas were used by
both the Ottawa and Chippewa Indians. The Ottawa
and Chippewa Indians were intermarried and there
were villages composed of members of both tribes.
(b) PURPOSE.—It is the purpose of this Act to provide
for the fair and equitable division of the judgment funds
among the beneficiaries and to provide the opportunity for
the tribes to develop plans for the use or distribution of their
share of the funds.
SEC. 3. DEFINITIONS.
For purposes of this Act the following definitions
apply:
(1) The term ‘judgment funds’ means funds ap-
propriated in full satisfaction of judgments made in
the Indian Claims Commission—
(A) reduced by an amount for attorneys fees
and litigation expenses; and
(B) increased by the amount of any interest
accrued with respect to such funds.
(2) The term ‘‘dockets 18–E and 58 judgment
funds’’ means judgment funds awarded in dockets
numbered 18–E and 58 in favor of the Ottawa and
Chippewa Indians of Michigan.
(3) The term ‘‘docket 364 judgment funds’’
means the judgment funds awarded in docket num-
bered 364 in favor of the Ottawa and Chippewa Indi-
ans of Michigan.
(4) The term ‘‘docket 18–R judgment funds’’
means the judgment funds awarded in docket num-
bered 18–R in favor of the Sault Ste. Marie Tribe of
Chippewa Indians.
(5) The term ‘‘judgment distribution roll of de-
scendants’’ means the roll prepared under section 6.
(6) The term ‘‘Secretary’’ means the Secretary of
the Interior.
SEC. 4. DIVISION OF FUNDS.
(a) DOCKET 18–E AND 58 JUDGMENT FUNDS.—The
Secretary shall divide the docket 18–E and 58 judgment
funds as follows:
(1) The lesser of 13.5 percent or $9,253,104.47,
for individuals on the judgment distribution roll of
descendants.
(2) 34.6 percent to the Sault Ste. Marie Tribe of
Chippewa Indians of Michigan and the Bay Mills In-
dian Community, of which—
(A) the lesser of 35 percent of the principal
and interest as of December 31, 1996, or
$8,313,877 shall be for the Bay Mills Indian
Community; and
(B) the remaining amount shall be for the
Sault Ste. Marie Tribe of Chippewa Indians of
Michigan.
(3) 17.3 percent to the Grand Traverse Band of
Ottawa and Chippewa Indians of Michigan.
(4) 17.3 percent to the Little Traverse Bay
Bands of Odawa Indians of Michigan.
(5) 17.3 percent to the Little River Band of Ot-
tawa Indians of Michigan.
(6) Any funds remaining after distribution pur-
suant to paragraphs (1) through (5) shall be divided
and distributed to each of the recognized tribes listed
in this subsection in an amount which bears the same
ratio to the amount so divided and distributed as the
distribution of judgment funds pursuant to each of
paragraphs (1) through (5) bears to the total distribu-
tion under all such paragraphs.
(b) DOCKET 364 JUDGMENT FUNDS.—The Secretary
shall divide the docket 364 judgment funds as follows:
(1) The lesser of 20 percent or $25,026.79 for in-
dividuals on the judgment distribution roll of de-
scendants.
(2) 32 percent to the Sault Ste. Marie Tribe of
Chippewa Indians of Michigan and the Bay Mills In-
dian Community, of which—
(A) 35 percent shall be for the Bay Mills In-
dian Community; and
(B) the remaining amount shall be for the
Sault Ste. Marie Tribe of Chippewa Indians of
Michigan.
(3) 16 percent to the Grand Traverse Band of
Ottawa and Chippewa Indians of Michigan.
(4) 16 percent to the Little Traverse Bay Bands
of Odawa Indians of Michigan.
(5) 16 percent to the Little River Band of Ot-
tawa Indians of Michigan.
(6) Any funds remaining after distribution pur-
suant to paragraphs (1) through (5) shall be divided
and distributed to each of the recognized tribes listed
in this subsection in an amount which bears the same
ratio to the amount so divided and distributed as the
distribution of judgment funds pursuant to each of
paragraphs (1) through (5) bears to the total distribu-
tion under all such paragraphs.
(c) DOCKET 18–R JUDGMENT FUNDS.—The Secretary
shall divide the docket 18–R judgment funds as follows:
(1) 65 percent to the Sault Ste. Marie Tribe of
Chippewa Indians of Michigan.
(2) 35 percent to the Bay Mills Indian Commu-
nity.
(d) AMOUNTS FOR JUDGMENT DISTRIBUTION ROLL OF
DESCENDANTS HELD
IN TRUST.—Pending distribution
under this Act to individuals on the judgment distribution
roll of descendants prepared under section 6, the Secretary
shall hold amounts referred to in subsections (a)(1) and
(b)(1) in trust.
SEC. 5. DEVELOPMENT OF TRIBAL PLANS FOR USE OR DIS-
TRIBUTION OF FUNDS.
(a) DISBURSEMENT OF FUNDS.—(1) The Secretary
shall disburse each tribe’s respective share of the judgment
funds described in subsections (a) and (b) of section 4 to
a tribe specified in subsection (b) of this section not later
than 30 days after a plan for use and distribution of such
funds has been approved in accordance with this section.
Disbursement of a tribe’s share shall not be dependent upon
approval of any other tribe’s plan.
(2) Section 7 shall be the plan for use and distribution
of the judgment funds described in subsections (a)(2)(A),
(b)(2)(A), and (c)(2) of section 4. Such plan shall be ap-
proved upon the enactment of this Act and such funds shall
be distributed by the Secretary to the Bay Mills Indian
Community not later than 90 days after the date of the
enactment of this Act to be used and distributed in accord-
ance with section 7.
(3) Section 8 shall be the plan for use and distribution
of the judgment funds described in subsections (a)(2)(B),
(b)(2)(A), and (c)(1) of section 4. Such plan shall be ap-
proved upon the enactment of this Act and such funds shall
be distributed by the Secretary to the Sault Ste. Marie Tribe
of Chippewa Indians of Michigan not later than 90 days
after the date of the enactment of this Act to be used and
distributed in accordance with section 8.
(b) ELIGIBLE TRIBES.—The tribes referred to in sub-
section (a) are the Grand Traverse Band of Ottawa and
Chippewa Indians of Michigan, the Little Traverse Bay
Bands of Odawa Indians of Michigan, and the Little River
Band of Ottawa Indians of Michigan.
(c) APPROVAL OR COMMENT OF SECRETARY.—
(1) The tribe shall develop a plan for the use and
distribution of its respective share of the judgment
funds. The tribe shall hold a hearing or general mem-
bership meeting on its proposed plan. The tribe shall
submit to the Secretary its plan together with an ac-
companying resolution of its governing body accept-
ing such plan, a transcript of its hearings or meetings
in which the plan was discussed with its general
membership, any documents circulated or made avail-
able to the membership on the proposed plan, and
comments from its membership received on the pro-
posed plan.
(2) Not later than 90 days after a tribe makes
its submission under paragraph (1), the Secretary
shall—
(A) if the plan complies with the provisions
of section 3(b) of the Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C.
1403(b)), approve the plan; or
(B) if the plan does not comply with the
provisions of section 3(b) of the Indian Tribal
Judgment Funds Use or Distribution Act (25
U.S.C. 1403(b)), return the plan to the tribe
with comments advising the tribe why the plan
does not comply with such provisions.
(d) RESPONSE BY TRIBE.—The tribe shall have 60
days after receipt of comments under subsection (c)(2), or
other time as the tribe and the Secretary agree upon, in
which to respond to such comments and make such response
by submitting a revised plan to the Secretary.
(e) SUBMISSION TO CONGRESS.—(1) The Secretary
shall, within 45 days after receiving the governing body’s
comments under subsection (d), submit a plan to Congress
in accordance with the provisions of section 3(b) of the In-
dian Tribal Judgment Funds Use or Distribution Act (25
U.S.C. 1403(b)). If the tribe does not submit a response pur-
suant to subsection (d), the Secretary shall, not later than
45 days after the end of the response time for such a re-
sponse, submit a plan to Congress in accordance with the
provisions of section 3(b) of the Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1403(b)).
(2) If a tribe does not submit a plan to the Secretary
within 8 years of the date of enactment of this Act, the Sec-
retary shall approve a plan which complies with the provi-
sions of section 3(b) of the Indian Tribal Judgment Funds
Use or Distribution Act (25 U.S.C. 1403(b)).
(f) GOVERNING LAW AFTER APPROVAL
BY SEC-
RETARY.—Once approved by the Secretary under this Act,
the effective date of the plan and other requisite action, if
any, is determined by the provisions of section 5 of the In-
dian Tribal Judgment Funds Use or Distribution Act (25
U.S.C. 1405).
(g) HEARINGS NOT REQUIRED.—Notwithstanding sec-
tion 3 and section 4 of the Indian Tribal Judgment Funds
Use or Distribution Act (25 U.S.C. 1403 and 25 U.S.C.
1404), the Secretary shall not be required to hold hearings
or submit transcripts of any hearings held previously con-
cerning the Indian judgments which are related to the judg-
ment funds. The Secretary’s submission of the plan pursu-
ant to this Act shall comply with section 4 of the Indian
Tribal Judgment Funds Use or Distribution Act (25 U.S.C.
1404).
SEC. 6. PREPARATION OF JUDGMENT DISTRIBUTION ROLL
OF DESCENDANTS.
(a) PREPARATION.—Not later than 9 years after the
date of the enactment of this Act, the Secretary shall pre-
pare, in accordance with parts 61 and 62 of title 25, Code
of Federal Regulations, a judgment distribution roll of all
citizens of the United States who—
(1) were born on or before the date of enactment
of this Act;
(2) were living on the date of the enactment of
this Act;
(3) are of at least one-quarter Michigan Ottawa
or Chippewa Indian blood, or a combination thereof;
(4) are not members of the tribal organizations
listed in section 4;
(5) are lineal descendants whose Michigan Ot-
tawa or Chippewa ancestry is derived from at least
one of the groups described in subsection (d); and
(6) are not described in subsection (e).
(b) APPLICATIONS.—Applications for inclusion on the
judgment distribution roll of descendants must be filed with
the superintendent, Michigan agency, Bureau of Indian Af-
fairs, Sault Ste. Marie, Michigan, not later than 1 year
after the date of enactment of this Act.
(c) APPEALS.—Appeals arising under this section shall
be handled in accordance with parts 61 and 62 of title 25,
Code of Federal Regulations.
(d) GROUPS.—The groups referred to in subsection
(a)(5) are—
(1) the Ottawa Bands of Grand River, Traverse,
Grand Traverse, Little Traverse, Maskigo, or L’Arbre
Croche;
(2) the Chippewa Tribes of Sault Ste. Marie,
Michilmackinac, or Cheboigan; and
(3) any Ottawa or Chippewa subdivisions of any
groups referred to in paragraph (1) or (2).
(e) INELIGIBLE INDIVIDUALS.—An individual is not
eligible under this section, if that individual—
(1) received benefits pursuant to the Secretarial
Plan effective July 17, 1983, for the use and distribu-
tion of Potawatomi judgment funds;
(2) received benefits pursuant to the Secretarial
Plan effective November 12, 1977, for the use and dis-
tribution of Saginaw Chippewa judgment funds;
(3) is a member of the Keweenaw Bay Chippewa
Indian Community of Michigan on the date of the en-
actment of this Act; or
(4) is a member of the Lac Vieux Desert Band
of Lake Superior Chippewa Indians on the date of the
enactment of this Act.
(f) USE OF HORACE B. DURANT ROLL.—In preparing
the judgment distribution roll of descendants under this sec-
tion, the Secretary shall refer to the Horace B. Durant Roll,
approved February 18, 1910, of the Ottawa and Chippewa
Tribe of Michigan, as qualified and corrected by other rolls
and records acceptable to the Secretary, including the Dur-
ant Field Notes of 1908–1909 and the Annuity Payroll of
the Ottawa and Chippewa Tribe of Michigan approved May
17, 1910. The Secretary may employ the services of the de-
scendant group enrollment review committees.
SEC. 7. PLAN FOR USE AND DISTRIBUTION OF BAY MILLS
INDIAN COMMUNITY FUNDS.
(a) TRIBAL LAND TRUST.—(1) The Executive Council
of the Bay Mills Indian Community shall establish a non-
expendable trust to be known as the ‘‘Land Trust’’. Not later
than 60 days after receipt of the funds distributed to the
Bay Mills Indian Community pursuant to this Act, the Ex-
ecutive Council of the Bay Mills Indian Community shall
deposit 20 percent of the share of the Bay Mills Indian
Community into the Land Trust.
(2) The Executive Council shall be the trustee of the
Land Trust and shall administer the Land Trust in accord-
ance with this section. The Executive Council may retain
or hire a professional trust manager and may pay the pre-
vailing market rate for such services. Such payment for
services shall be made from the current income accounts of
the trust and charged against earnings of the current fiscal
year.
(3) The earnings generated by the Land Trust shall
be used annually and exclusively for the consolidation and
enhancement of tribal landholdings through purchase or ex-
change. Any land so acquired shall be held in trust by the
United States for the Bay Mills Indian Community.
(4) The principal of the Land Trust shall not be ex-
pended for any purpose, including but not limited to, per
capita payment to members of the Bay Mills Indian Com-
munity.
(5) The Land Trust shall be maintained as a separate
account, which shall be audited at least once during each
fiscal year by a certified public accountant who shall pre-
pare a report on the results of such audit. Such report shall
be a public document, and shall be available for inspection
by any member of the Bay Mills Indian Community.
(6) Notwithstanding any other provision of law, the
approval of the Secretary of any payment from the Land
Trust shall not be required and the Secretary shall have
no trust responsibility for the investment, supervision, ad-
ministration, or expenditure of funds from the Land Trust.
(b) LAND CLAIMS DISTRIBUTION TRUST.—(1) The Ex-
ecutive Council of the Bay Mills Indian Community shall
establish a nonexpendable to be known as the ‘‘Land Claims
Distribution Trust Fund’’. Not later than 60 days after re-
ceipt of the funds distributed to the Bay Mills Indian Com-
munity pursuant to this Act, the Executive Council of the
Bay Mills Indian Community shall deposit into the Land
Claims Distribution Trust Fund the principal funds which
shall consist of—
(A) amounts remaining of the funds distributed
to the Bay Mills Indian Community after distribu-
tion pursuant to subsections (a) and (c);
(B) 10 percent of the annul earnings generated
by the Land Claims Distribution Trust Fund; and
(C) such other funds which the Executive Council
chooses to add to the Land Claims Distribution Trust
Fund.
(2) The Executive Council shall be the trustee of the
Land Claims Distribution Trust Fund and shall admin-
ister the Land Claims Distribution Trust Fund in accord-
ance with this section. The Executive Council may retain
or hire a professional trust manager and may pay for said
services the prevailing market rate. Such payment for serv-
ices shall be made from the current income accounts of the
trust and charged against earnings of the current fiscal
year.
(3) 90 percent of the annual earnings of the Land
Claims Distribution Trust fund shall be distributed on Oc-
tober 1 of each year after the creation of the trust fund to
any person who—
(A) is enrolled as a member of the Bay Mills In-
dian Community on the date of the enactment of this
Act;
(B) is alive on the date of the enactment of this
Act;
(C) is at least 55 years of age as of the annual
distribution date; and
(D)(i) has been enrolled as a member of the Bay
Mills Indian Community for a minimum of 25 years
as of the annual distribution date, or
(ii) was adopted as a member of the Bay Mills
Indian Community on or before June 30, 1996.
(4) In the event that a member of the Bay Mills Indian
Community who is eligible for payment under subsection
(b)(3), should die after preparation of the annual distribu-
tion roll and prior to the October 1 distribution, that indi-
vidual’s share for that year shall be provided to the mem-
ber’s heirs at law.
(5) In the event that a member of the Bay Mills Indian
Community who is at least 55 years of age and who is eligi-
ble for payment under subsection (b)(3), shall have a guard-
ian appointed for said individual, such payment shall be
made to the guardian.
(6) Under no circumstances shall any part of the prin-
cipal of the Land Claims Distribution Trust fund be dis-
tributed as a per capita payment to members of the Bay
Mills Indian Community, or used or expended for any other
purpose by the Executive Council.
(7) The Land Claims Distribution Trust fund shall be
maintained as a separate account, which shall be audited
at least once during each fiscal year by an independent cer-
tified public accountant who shall prepare a report on the
results of such audit. Such report shall be a public docu-
ment, and shall be available for inspection by any member
of the Bay Mills Indian Community.
(8) Notwithstanding any other provision of law, the
approval of the Secretary of any payment from the Land
Claims Distribution Trust fund shall not be required and
the Secretary shall have no trust responsibility for the in-
vestment, supervision, administration, or expenditure of the
fund.
(c) LAND CLAIMS INITIAL PAYMENT.—As compensa-
tion to the members of the Bay Mills Indian Community
for the delay in distribution of the judgment fund, payment
shall be made by the Executive Council within 30 days of
receipt of the Bay Mills Indian Community’s share of the
judgment fund from the Secretary, as follows:
(1) The sum of $3,000 to each enrolled member
of the Bay Mills Indian Community living on the
date of enactment of this legislation, who has attained
the age of 55 years, but is less than 62 years of age
if that individual was adopted into or a member of
the Bay Mills Indian Community on or before June
30, 1996.
(2) The sum of $5,000 to each enrolled member
of the Bay Mills Indian Community living on the
date of enactment of this legislation, who is between
the ages of 62 and 69 years of age if that individual
was adopted into or a member of the Bay Mills In-
dian Community on or before June 30, 1996.
(3) The sum of $10,000 to each enrolled member
of the Bay Mills Indian Community living on the
date of enactment of this legislation, who is 70 years
of age or older if that individual was adopted into or
a member of the Bay Mills Indian Community on or
before June 30, 1996.
(d) ANNUAL PAYMENTS FROM LAND CLAIMS DIS-
TRIBUTION TRUST FUND.—The Executive Council shall
prepare the annual distribution roll and ensure its accu-
racy prior to August 30 of each year prior to distribution.
The distribution roll shall identify each member of the Bay
Mills Indian Community who has attained the minimum
age and membership duration required for distribution eli-
gibility, as specified in subsection (b)(3). The number of
eligible persons in each age category defined in this sub-
section, multiplied by the number of shares for which the
age category is entitled, added together for the 3 categories,
shall constitute the total number of shares to be distributed
each year. On each October 1, the shares shall be distributed
as follows:
(1) Each member who is at least 55 years of age
and less than 62 years of age shall receive 1 share.
(2) Each member who is between the ages of 62
and 69 years shall receive 2 shares.
(3) Each member who is 70 years of age or older
shall receive 3 shares.
SEC. 8. PLAN FOR USE OF SAULT STE. MARIE TRIBE OF
CHIPPEWA INDIANS OF MICHIGAN FUNDS.
(a) SELF-SUFFICIENCY FUND.
(1) The Sault Ste. Marie Tribe of Chippewa In-
dians of Michigan (referred to in this section as the
‘‘Sault Ste. Marie Tribe’’), through its board of direc-
tors, shall establish a trust fund for the benefit of the
Sault Ste. Marie Tribe which shall be known as the
‘‘Self-Sufficiency Fund’’. The principal of the Self-
Sufficiency Fund shall consist of—
(A) the Sault Ste. Marie Tribe’s share of the
judgment funds transferred by the Secretary to
the board of directors pursuant to subsection (e);
(B) such amounts of the interest and other
income of the Self-Sufficiency Fund as the board
of directors may choose to add to the principal;
and
(C) any other funds that the board of direc-
tors of the Sault Ste. Marie Tribe choose to add
to the principal.
(2) The board of directors shall be the trustee of
the Self-Sufficiency Fund and shall administer the
fund in accordance with the provisions of the section.
(b) USE OF PRINCIPAL.—
(1) The principal of the Self-Sufficiency Fund
shall be used exclusively for investments or expendi-
tures which the board of directors determines—
(A) are reasonably related to—
(i) economic development beneficial to
the tribe; or
(ii) development of tribal resources; or
(B) are otherwise financially beneficial to
the tribe and its members.
(2) At least one-half of the principal of the Self-
Sufficiency Fund at any given time shall be invested
in investment instruments or funds calculated to
produce a reasonable rate of return without undue
speculation or risk, unless, for good cause shown by
the Sault Ste. Marie Tribe, the Secretary determines
that a lesser amount may be invested in that manner.
(3) No portion of the principal of the Self-Suffi-
ciency Fund shall be distributed in the form of per
capita payments.
(c) USE OF SELF-SUFFICIENCY FUND INCOME.—The
interest and other investment income of the Self-Sufficiency
Fund shall be distributed—
(1) as an addition to the principal of the fund;
(2) as a dividend to tribal members;
(3) as a per capita payment to some group or
category of tribal members designated by the board of
directors; or
(4) for educational, social welfare, health, cul-
tural, or charitable purposes which benefit the mem-
bers of the Sault Ste. Marie Tribe.
(d) GENERAL RULES AND PROCEDURES.—
(1) The Self-Sufficiency Fund shall be main-
tained as a separate account.
(2) The books and records of the Self-Sufficiency
Fund shall be audited at least once during each fiscal
year by an independent certified public accountant
who shall prepare a report on the results of such
audit. Such report shall be treated as a public docu-
ment of the Sault Ste. Marie Tribe and a copy of the
report shall be available for inspection by any en-
rolled member of the Sault Ste. Marie Tribe.
(e) TRANSFER OF JUDGMENT FUNDS TO SELF-SUFFI-
CIENCY FUND.—
(1) The Secretary shall transfer to the Self-Suffi-
ciency Fund the share of the funds which have been
allocated to the Sault Ste. Marie Tribe pursuant to
section 4.
(2) Notwithstanding any other provision of law,
after the transfer required by paragraph (1) the ap-
proval of the Secretary for any payment or distribu-
tion from the principal or income of the Self-Suffi-
ciency Fund shall not be required and the Secretary
shall have no trust responsibility for the investment,
administration, or expenditure of the principal or in-
come of the Self-Sufficiency Fund.
SEC. 9. PAYMENT OF PER CAPITA SHARES.
Subject to section 10, the Secretary shall distribute per
capita the funds described in subsections (a)(1) and (b)(1)
of section 4 to the individuals listed on the judgment dis-
tribution roll of descendants prepared pursuant to section
6. Payment of a per capita share of funds—
(1) to which a living, competent adult is entitled
under this Act shall be paid directly to that adult;
(2) to which a deceased individual is entitled
under this Act shall be paid to that individual’s heirs
and legatees upon determination of such heirs and
legatees in accordance with regulations prescribed by
the Secretary; and
(3) to which a legally incompetent individual or
an individual under 18 years of age is entitled under
this Act shall be paid in accordance with such proce-
dures (including the establishment of trusts) as the
Secretary determines to be necessary to protect and
preserve the interests of that individual.
SEC. 10. NEWLY RECOGNIZED OR AFFIRMED TRIBES.
(a) DISTRIBUTION OF FUNDS ALLOTTED FOR MEM-
BERS OF NEWLY RECOGNIZED OR AFFIRMED TRIBES.—If,
after the date of the enactment of this Act and before ap-
proval by the Secretary of the judgment distribution roll
of descendants prepared pursuant to section 6, Congress or
the Secretary recognizes a tribe which includes an individ-
ual on the judgment distribution roll of descendants, the
funds allotted for that individual shall be held in trust for
the newly recognized or affirmed tribe in accordance with
the provisions of this section.
(b) FUNDS SUBJECT TO PLAN.—Funds held in trust
pursuant to subsection (a) shall be subject to a plan that
is approved in accordance with this Act.
(c) DETERMINATION OF MEMBERSHIP IN NEWLY REC-
OGNIZED OR AFFIRMED TRIBE.—(1) For purposes of this
section, if:
(A) The tribe is acknowledged by the Secretary
under part 83 of title 25, Code of Federal Regula-
tions, the Secretary shall use the tribe’s most recent
membership list provided under such part.
(B) Unless otherwise provided by the statutes
which recognizes the tribe, if Congress recognizes a
tribe, the Secretary shall use the most recent member-
ship list provided to Congress. If no membership list
is provided to Congress, the Secretary shall use the
most recent membership list provided with the tribe’s
petition for acknowledgment under part 83 of title 25,
Code of Federal Regulations. If no such list was pro-
vided to Congress or under such part, the newly rec-
ognized tribe shall submit a membership list to the
Secretary before the judgment distribution roll of de-
scendants is approved, or the judgment funds shall be
distributed per capita under section 9.
(2) If a membership list was not provided—
(A) to the Secretary, the Secretary will use the
tribe’s most recent membership list provided to the
Bureau of Indian Affairs in their petition for Federal
acknowledgment filed under part 83 of title 25, Code
of Federal Regulations, unless otherwise provided in
the statute which recognized the tribe;
(B) to the Bureau of Indian Affairs, the newly
recognized or affirmed tribe shall submit a member-
ship list before the judgment distribution roll of de-
scendants is approved by the Secretary, unless other-
wise provided in the statute which recognized the
tribe; and
(C) before the judgment distribution roll of de-
scendants is approved, the judgment funds shall be
distributed per capita under section 9.
(d) NOTIFICATION TO INDIVIDUALS.—The Bureau of
Indian Affairs shall notify any individual that is listed on
the newly recognized or affirmed tribe’s membership list
and that the funds to which the individual would be entitled
under this Act will be held in trust for the individual’s
newly recognized or affirmed tribe unless, not later than
60 days after such notification, the individual informs the
Bureau of Indian Affairs and the tribe, in writing, that
the individual relinquishes membership in the newly recog-
nized or affirmed tribe.
SEC. 11. TREATMENT OF FUNDS IN RELATION TO OTHER
LAWS.
The eligibility for or receipt of distributions under this
Act by a tribe or individual shall not considered as income,
resources, or otherwise when determining the eligibility for
or computation of any payment or other benefit to such
tribe, individual, or household under—
(1) any financial aid program of the United
States, including grants and contracts subject to the
Indian Self-Determination Act; or
(2) any other benefit to which such tribe, house-
hold, or individual would otherwise be entitled under
any Federal or federally assisted program.
SEC. 12. TREATIES NOT AFFECTED.
No provision of this Act shall be construed to constitute
an amendment, modification, or interpretation of any trea-
ty to which a tribe mentioned in this Act is a party nor
to any right secured to such a tribe or to any other tribe
by any treaty.