H. R. 1604
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Michigan Indian Land Claims
Settlement Act’’.
TITLE I—DIVISION, USE, AND DISTRIBU-
TION OF JUDGMENT FUNDS OF THE
OTTAWA AND CHIPPEWA INDIANS OF
MICHIGAN
SEC. 101. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
TITLE I—DIVISION, USE, AND DISTRIBUTION OF JUDGMENT FUNDS OF
THE OTTAWA AND CHIPPEWA INDIANS OF MICHIGAN
Sec. 101. Table of contents.
Sec. 102. Findings; purpose.
Sec. 103. Definitions.
Sec. 104. Division of funds.
Sec. 105. Development of tribal plans for use or distribution of funds.
Sec. 106. Preparation of judgment distribution roll of descendants.
Sec. 107. Plan for use and distribution of Bay Mills Indian Community funds.
Sec. 108. Plan for use of Sault Ste. Marie Tribe of Chippewa Indians of Michigan
funds.
Sec. 109. Plan for use of Grand Traverse Band of Ottawa and Chippewa Indians
of Michigan funds.
Sec. 110. Payment to newly recognized or reaffirmed tribes.
Sec. 111. Treatment of funds in relation to other laws.
Sec. 112. Treaties not affected.
TITLE II—LIMITATION ON HEALTH CARE CONTRACTS AND COMPACTS
FOR THE KETCHIKAN GATEWAY BOROUGH
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Limitation.
H. R. 1604—2
SEC. 102. FINDINGS; PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) Judgments were rendered in the Indian Claims Commis-
sion in dockets numbered 18–E, 58, and 364 in favor of the
Ottawa and Chippewa Indians of Michigan and in docket num-
bered 18–R in favor of the Sault Ste. Marie Band of Chippewa
Indians.
(2) The funds Congress appropriated to pay these judg-
ments have been held by the Department of the Interior for
the beneficiaries pending a division of the funds among the
beneficiaries in a manner acceptable to the tribes and
descendency group and pending development of plans for the
use and distribution of the respective tribes’ share.
(3) The 1836 treaty negotiations show that the United
States concluded negotiations with the Chippewa concerning
the cession of the upper peninsula and with the Ottawa with
respect to the lower peninsula.
(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 title 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. 103. DEFINITIONS.
For purposes of this title the following definitions apply:
(1) The term ‘‘judgment funds’’ means funds appropriated
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 judg-
ment funds awarded in docket numbered 364 in favor of the
Ottawa and Chippewa Indians of Michigan.
(4) The term ‘‘docket 18–R judgment funds’’ means the
judgment funds awarded in docket numbered 18–R in favor
of the Sault Ste. Marie Band of Chippewa Indians.
(5) The term ‘‘judgment distribution roll of descendants’’
means the roll prepared pursuant to section 106.
(6) The term ‘‘Secretary’’ means the Secretary of the
Interior.
SEC. 104. 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 and $9,253,104.47, and addi-
tional funds as described in this section, for newly recognized
or reaffirmed tribes described in section 110 and eligible
individuals on the judgment distribution roll of descendants.
H. R. 1604—3
(2) 34.6 percent to the Sault Ste. Marie Tribe of Chippewa
Indians of Michigan and the Bay Mills Indian Community,
of which—
(A) the lesser of 35 percent of the principal and interest
as of December 31, 1996, and $8,313,877 shall be for the
Bay Mills Indian Community; and
(B) the remaining amount (less $161,723.89 which shall
be added to the funds described in paragraph (1)) shall
be for the Sault Ste. Marie Tribe of Chippewa Indians
of Michigan.
(3) 17.3 percent (less $161,723.89 which shall be added
to the funds described in paragraph (1)) to the Grand Traverse
Band of Ottawa and Chippewa Indians of Michigan.
(4) 17.3 percent (less $161,723.89 which shall be added
to the funds described in paragraph (1)) to the Little Traverse
Bay Bands of Odawa Indians of Michigan.
(5) 17.3 percent (less $161,723.89 which shall be added
to the funds described in paragraph (1)) to the Little River
Band of Ottawa Indians of Michigan.
(6) Any funds remaining after distribution pursuant 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 (2) 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 and $28,026.79 for newly recog-
nized or reaffirmed tribes described in section 110 and eligible
individuals on the judgment distribution roll of descendants.
(2) 32 percent to the Sault Ste. Marie Tribe of Chippewa
Indians of Michigan and the Bay Mills Indian Community,
of which—
(A) 35 percent 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) 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 Ottawa Indians
of Michigan.
(6) Any funds remaining after distribution pursuant 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 (2) 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 Community.
H. R. 1604—4
(d) AMOUNTS FOR NEWLY RECOGNIZED OR REAFFIRMED TRIBES
OR
INDIVIDUALS
ON
THE
JUDGMENT
DISTRIBUTION
ROLL
OF
DESCENDANTS HELD IN TRUST.—Pending distribution under this
title to newly recognized or reaffirmed tribes described in section
110 or individuals on the judgment distribution roll of descendants,
the Secretary shall hold amounts referred to in subsections (a)(1)
and (b)(1) in trust.
SEC. 105. DEVELOPMENT OF TRIBAL PLANS FOR USE OR DISTRIBU-
TION OF FUNDS.
(a) DISBURSEMENT OF FUNDS.—(1) Except as provided in para-
graphs (2), (3), and (4), the Secretary shall disburse each tribe’s
respective share of the judgment funds described in subsections
(a), (b), and (c) of section 104 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 107 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 104. Such plan shall be approved 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 accordance with section 107.
(3) Section 108 shall be the plan for use and distribution
of the judgment funds described in subsections (a)(2)(B), (b)(2)(B),
and (c)(1) of section 104. Such plan shall be approved 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
108.
(4) Section 109 shall be the plan for use and distribution
of the judgment funds described in subsections (a)(3) and (b)(3)
of section 104. Such plan shall be approved upon the enactment
of this Act and such funds shall be distributed by the Secretary
to the Grand Traverse Band of Ottawa and 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
109.
(b) APPROVAL OR COMMENT OF SECRETARY.—(1) Except as other-
wise provided in this title, each 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 membership meet-
ing on its proposed plan. The tribe shall submit to the Secretary
its plan together with an accompanying resolution of its governing
body accepting such plan, a transcript of its hearings or meetings
in which the plan was discussed with its general membership,
any documents circulated or made available to the membership
on the proposed plan, and comments from its membership received
on the proposed 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
H. R. 1604—5
(B) if the plan does not comply with the provisions of
section 3(b) of the Indian Tribal Judgment Funds Use or Dis-
tribution 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.
(c) RESPONSE BY TRIBE.—The tribe shall have 60 days after
receipt of comments under subsection (b)(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.
(d) SUBMISSION TO CONGRESS.—(1) The Secretary shall, within
45 days after receiving the governing body’s comments under
subsection (c), 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)). If the tribe does not
submit a response pursuant to subsection (c), the Secretary shall,
not later than 45 days after the end of the response time for
such a response, 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 Secretary shall
approve a plan which complies with the provisions of section 3(b)
of the Indian Tribal Judgment Funds Use or Distribution Act (25
U.S.C. 1403(b)).
(e) GOVERNING LAW AFTER APPROVAL BY SECRETARY.—Once
approved by the Secretary under this title, the effective date of
the plan and other requisite action, if any, is determined by the
provisions of section 5 of the Indian Tribal Judgment Funds Use
or Distribution Act (25 U.S.C. 1405).
(f ) HEARINGS NOT REQUIRED.—Notwithstanding section 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 concerning the Indian judgments which are related
to the judgment funds. The Secretary’s submission of the plan
pursuant to this title shall comply with section 4 of the Indian
Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1404).
SEC. 106. PREPARATION OF JUDGMENT DISTRIBUTION ROLL OF
DESCENDANTS.
(a) PREPARATION.—
(1) IN GENERAL.—The Secretary shall prepare, in accord-
ance with parts 61 and 62 of title 25, Code of Federal Regula-
tions, a judgment distribution roll of all citizens of the United
States who—
(A) were born on or before the date of enactment of
this Act;
(B) were living on the date of the enactment of this
Act;
(C) are of at least one-quarter Michigan Ottawa or
Chippewa Indian blood, or a combination thereof;
(D) are not members of the tribal organizations listed
in section 104;
(E) are lineal descendants of the Michigan Ottawa
or Chippewa bands or tribes that were parties to either
H. R. 1604—6
the 1820 treaty (7 Stat. 207), the 1836 treaty (7 Stat.
491), or the 1855 treaty (11 Stat. 621);
(F) are lineal descendants of at least one of the groups
described in subsection (d); and
(G) are not described in subsection (e).
(2) TIME LIMITATIONS.—The judgment distribution roll of
descendants prepared pursuant to paragraph (1)—
(A) shall not be approved before 8 years after the
date of the enactment of this Act or a final determination
has been made regarding each petition filed pursuant to
section 110, whichever is earlier; and
(B) shall be approved not later than 9 years after
the date of the enactment of this Act.
(b) APPLICATIONS.—Applications for inclusion on the judgment
distribution roll of descendants must be filed with the superintend-
ent, Michigan agency, Bureau of Indian Affairs, 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)(1)(F)
are Chippewa or Ottawa tribe or bands of—
(1) Grand River, Traverse, Grand Traverse, Little Traverse,
Maskigo, or L’Arbre Croche, Cheboigan, Sault Ste. Marie,
Michilmackinac; and
(2) any subdivisions of any groups referred to in
paragraph (1).
(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 distribution of
Potawatomi judgment funds;
(2) received benefits pursuant to the Secretarial Plan
effective November 12, 1977, for the use and distribution of
Saginaw Chippewa judgment funds;
(3) is a member of the Keweenaw Bay Chippewa Indian
Community of Michigan on the date of the enactment of this
Act;
(4) is a member of the Lac Vieux Desert Band of Lake
Superior Chippewa Indians on the date of the enactment of
this Act; or
(5) is a member of a tribe whose membership is predomi-
nantly Potawatomi.
(f ) USE
OF HORACE B. DURANT ROLL.—In preparing the
judgment distribution roll of descendants under this section, the
Secretary shall refer to the Horace B. Durant Roll, approved Feb-
ruary 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 Durant 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 descendant group enrollment review committees.
(g) PAYMENT OF FUNDS.—Subject to section 110, not later than
90 days after the approval by the Secretary of the judgment dis-
tribution roll of descendants prepared pursuant to this section,
the Secretary shall distribute per capita the funds described in
H. R. 1604—7
subsections (a)(1) and (b)(1) of section 104 to the individuals listed
on that judgment distribution roll of descendants. Payment under
this section—
(1) to which a living, competent adult is entitled under
this title shall be paid directly to that adult;
(2) to which a deceased individual is entitled under this
title 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 title
shall be paid in accordance with such procedures (including
the establishment of trusts) as the Secretary determines to
be necessary to protect and preserve the interests of that
individual.
SEC. 107. 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 nonexpendable 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 title, the Executive 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 accordance with
this section. The Executive Council may retain or hire a professional
trust manager and may pay the prevailing 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
exclusively for improvements on tribal land or the consolidation
and enhancement of tribal landholdings through purchase or
exchange. Any land acquired with funds from the Land Trust shall
be held as Indian lands are held.
(4) The principal of the Land Trust shall not be expended
for any purpose, including but not limited to, per capita payment
to members of the Bay Mills Indian Community.
(5) The Land Trust shall be maintained as a separate account,
which 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 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, administration, or expenditure of
funds from the Land Trust.
(b) LAND CLAIMS DISTRIBUTION TRUST.—(1) The Executive
Council of the Bay Mills Indian Community shall establish a non-
expendable trust to be known as the ‘‘Land Claims Distribution
Trust Fund’’. Not later than 60 days after receipt of the funds
distributed to the Bay Mills Indian Community pursuant to this
title, the Executive Council of the Bay Mills Indian Community