II
105TH CONGRESS
1ST SESSION
H. R. 1604
IN THE SENATE OF THE UNITED STATES
NOVEMBER 5, 1997
Received
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 Representa-
tives of the United States of America in Congress assembled,
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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 Michi-
gan funds.
Sec.
9. Plan for use of Grand Traverse Band of Ottawa and Chippewa Indians
of Michigan funds.
Sec. 10. Payment to newly recognized or reaffirmed 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 In-
dians.
(2) The funds Congress appropriated to pay
these judgments have been held by the Department
of the Interior for the beneficiaries pending a divi-
sion of the funds among the beneficiaries in a man-
ner 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 Chip-
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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 Ot-
tawa 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 pro-
vide for the fair and equitable division of the judgment
funds among the beneficiaries and to provide the oppor-
tunity for the tribes to develop plans for the use or dis-
tribution 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
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 inter-
est accrued with respect to such funds.
(2) The term ‘‘dockets 18–E and 58 judgment
funds’’ means judgment funds awarded in dockets
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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 In-
dians 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 Band
of Chippewa Indians.
(5) The term ‘‘judgment distribution roll of de-
scendants’’ means the roll prepared pursuant to sec-
tion 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 
and
$9,253,104.47, and additional funds as described in
this section, for newly recognized or reaffirmed
tribes described in section 10 and eligible individuals
on the judgment distribution roll of descendants.
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(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 prin-
cipal and interest as of December 31, 1996,
and $8,313,877 shall be for the Bay Mills In-
dian 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 Chip-
pewa 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 Michi-
gan.
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(6) Any funds remaining after distribution pur-
suant to paragraphs (1) through (5) shall be divided
and distributed to each of the recognized tribes list-
ed 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 distribution 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 recognized or reaffirmed tribes described in
section 10 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 In-
dian 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.
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(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 list-
ed 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 distribution under all such paragraphs.
(c) DOCKET 18–R JUDGMENT FUNDS.—The Sec-
retary shall divide the docket 18–R judgment funds as fol-
lows:
(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 NEWLY RECOGNIZED
OR RE-
AFFIRMED TRIBES OR INDIVIDUALS ON THE JUDGMENT
DISTRIBUTION
ROLL
OF
DESCENDANTS
HELD
IN
TRUST.—Pending distribution under this Act to newly
recognized or reaffirmed tribes described in section 10 or
individuals on the judgment distribution roll of descend-
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ants, the Secretary shall hold amounts referred to in sub-
sections (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) Except as pro-
vided in paragraphs (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
4 not later than 30 days after a plan for use and distribu-
tion 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 distribu-
tion of the judgment funds described in subsections
(a)(2)(A), (b)(2)(A), and (c)(2) of section 4. 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 distrib-
uted in accordance with section 7.
(3) Section 8 shall be the plan for use and distribu-
tion of the judgment funds described in subsections
(a)(2)(B), (b)(2)(B), and (c)(1) of section 4. Such plan
shall be approved upon the enactment of this Act and such
funds shall be distributed by the Secretary to the Sault
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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.
(4) Section 9 shall be the plan for use and distribu-
tion of the judgment funds described in subsections (a)(3)
and (b)(3) of section 4. Such plan shall be approved upon
the enactment of this Act and such funds shall be distrib-
uted by the Secretary to the Grand Traverse Band of Ot-
tawa 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 9.
(b) APPROVAL OR COMMENT OF SECRETARY.—(1)
Except as otherwise provided in this Act, each tribe shall
develop a plan for the use and distribution of its respective
share of the judgment funds. The tribe shall hold a hear-
ing or general membership meeting on its proposed plan.
The tribe shall submit to the Secretary its plan together
with an accompanying resolution of its governing body ac-
cepting such plan, a transcript of its hearings or meetings
in which the plan was discussed with its general member-
ship, any documents circulated or made available to the
membership on the proposed plan, and comments from its
membership received on the proposed plan.
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(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)), ap-
prove the plan; or
(B) if the plan does not comply with the provi-
sions 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.
(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 re-
sponse 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 re-
sponse pursuant to subsection (c), the Secretary shall, not
later than 45 days after the end of the response time for
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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 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
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 pre-
viously concerning the Indian judgments which are related
to the judgment funds. The Secretary’s submission of the
plan pursuant to this Act shall comply with section 4 of
the Indian Tribal Judgment Funds Use or Distribution
Act (25 U.S.C. 1404).
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SEC. 6. PREPARATION OF JUDGMENT DISTRIBUTION ROLL
OF DESCENDANTS.
(a) PREPARATION.—
(1) IN GENERAL.—The Secretary shall prepare,
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—
(A) were born on or before the date of en-
actment of this Act;
(B) were living on the date of the enact-
ment of this Act;
(C) are of at least one-quarter Michigan
Ottawa or Chippewa Indian blood, or a com-
bination thereof;
(D) are not members of the tribal organi-
zations listed in section 4;
(E) are lineal descendants of the Michigan
Ottawa or Chippewa bands or tribes that were
parties to either the 1820 treaty (7 Stat. 207),
the 1836 treaty (7 Stat. 491), or the 1855 trea-
ty (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).
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(2) TIME
LIMITATIONS.—The judgment dis-
tribution 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 10,
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 superintendent, Michigan agency, Bureau of In-
dian 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
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(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 dis-
tribution 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 Chip-
pewa 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 predominantly Potawatomi.
(f) USE OF HORACE B. DURANT ROLL.—In prepar-
ing the judgment distribution roll of descendants under
this section, 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 cor-
rected by other rolls and records acceptable to the Sec-
retary, including the Durant Field Notes of 1908–1909
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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 enroll-
ment review committees.
(g) PAYMENT OF FUNDS.—Subject to section 10, not
later than 90 days after the approval by the Secretary of
the judgment distribution roll of descendants prepared
pursuant to this section, the Secretary shall distribute per
capita the funds described in subsections (a)(1) and (b)(1)
of section 4 to the individuals listed on that judgment dis-
tribution roll of descendants. Payment under this sec-
tion—
(1) to which a living, competent adult is enti-
tled 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
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Secretary determines to be necessary to protect and
preserve the interests of that individual.
SEC. 7. PLAN FOR USE AND DISTRIBUTION OF BAY MILLS
INDIAN COMMUNITY FUNDS.
(a) TRIBAL LAND TRUST.—(1) The Executive Coun-
cil 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 distrib-
uted to the Bay Mills Indian Community pursuant to this
Act, the Executive Council of the Bay Mills Indian Com-
munity 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 ac-
cordance with this section. The Executive Council may re-
tain 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 ac-
counts 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
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funds from the Land Trust shall be held as Indian lands
are held.
(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 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 avail-
able 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
Executive Council of the Bay Mills Indian Community
shall establish a nonexpendable 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 Act, the Execu-
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tive Council of the Bay Mills Indian Community shall de-
posit 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 annual earnings gen-
erated by the Land Claims Distribution Trust Fund;
and
(C) such other funds which the Executive Coun-
cil 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
services 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
October 1 of each year after the creation of the trust fund
to any person who—
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(A) is enrolled as a member of the Bay Mills
Indian Community;
(B) is at least 55 years of age as of the annual
distribution date; and
(C)(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 In-
dian Community who is eligible for payment under sub-
section (b)(3), should die after preparation of the annual
distribution roll and prior to the October 1 distribution,
that individual’s share for that year shall be provided to
the member’s heirs at law.
(5) In the event that a member of the Bay Mills In-
dian Community who is at least 55 years of age and who
is eligible for payment under subsection (b)(3), shall have
a guardian appointed for said individual, such payment
shall be made to the guardian.
(6) Under no circumstances shall any part of the
principal of the Land Claims Distribution Trust Fund be
distributed 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.
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(7) The Land Claims Distribution Trust Fund shall
be maintained as a separate account, which shall be au-
dited at least once during each fiscal year by an independ-
ent 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.
(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, pay-
ment 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 at-
tained the age of 55 years, but is less than 62 years
of age, if that individual was adopted into or a mem-
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ber 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 at least
62 years of age and less than and 70 years of age,
if that individual was adopted into or a member of
the Bay Mills Indian Community on or before June
30, 1996.
(3) The sum of $10,000 to each enrolled mem-
ber 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, on the date of distribution,
will have attained the minimum age and membership du-
ration required for distribution eligibility, as specified in
subsection (b)(3). The number of eligible persons in each
age category defined in this subsection, multiplied by the
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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 di-
rectors, 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 Sec-
retary to the board of directors pursuant to
subsection (e);
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(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 di-
rectors of the Sault Ste. Marie Tribe chooses 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 this
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;
(B) are otherwise financially beneficial to
the tribe and its members; or
(C) will consolidate or enhance tribal land-
holdings.
(2) At least one-half of the principal of the Self-
Sufficiency Fund at any given time shall be invested
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in investment instruments or funds calculated to
produce a reasonable rate of return without undue
speculation or risk.
(3) No portion of the principal of the Self-Suffi-
ciency Fund shall be distributed in the form of per
capita payments.
(4) Any lands acquired using amounts from the
Self-Sufficiency Fund shall be held as Indian lands
are held.
(c) USE OF SELF-SUFFICIENCY FUND INCOME.—
The interest and other investment income of the Self-Suf-
ficiency 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;
(4) for educational, social welfare, health, cul-
tural, or charitable purposes which benefit the mem-
bers of the Sault Ste. Marie Tribe; or
(5) for consolidation or enhancement of tribal
lands.
(d) GENERAL RULES AND PROCEDURES.—
(1) The Self-Sufficiency Fund shall be main-
tained as a separate account.
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(2) The books and records of the Self-Suffi-
ciency 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 pub-
lic document of the Sault Ste. Marie Tribe and a
copy of the report shall be available for inspection by
any enrolled member of the Sault Ste. Marie Tribe.
(e) TRANSFER OF JUDGMENT FUNDS TO SELF-SUF-
FICIENCY FUND.—
(1) The Secretary shall transfer to the Self-Suf-
ficiency Fund the share of the funds which have
been allocated to the Sault Ste. Marie Tribe pursu-
ant 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.
(f) LANDS ACQUIRED USING INTEREST OR OTHER
INCOME OF THE SELF-SUFFICIENCY FUND.—Any lands
acquired using amounts from interest or other income of
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the Self-Sufficiency Fund shall be held in trust by the Sec-
retary for the benefit of the tribe.
SEC. 9. PLAN FOR USE OF GRAND TRAVERSE BAND OF OT-
TAWA AND CHIPPEWA INDIANS OF MICHIGAN
FUNDS.
(a) LAND CLAIMS DISTRIBUTION TRUST FUND.—(1)
The share of the Grand Traverse Band of Ottawa and
Chippewa Indians of Michigan (hereafter in this section
referred to as the ‘‘Band’’), as determined pursuant to
subsections (a)(3) and (b)(3) of section 4, shall be depos-
ited by the Secretary in a nonexpendable trust fund to
be established by the Tribal Council of the Band to be
known as the ‘‘Land Claims Distribution Trust Fund’’
(hereafter in this section referred to as the ‘‘Trust
Fund’’).
(2) The principal of the Trust Fund shall consist of—
(A) the funds deposited into the Trust Fund by
the Secretary pursuant to this subsection;
(B) annual earnings of the Trust Fund which
shall be retained, and added to the principal; and
(C) such other funds as may be added to the
Trust Fund by action of the Tribal Council of the
Band.
(b) MANAGEMENT OF THE TRUST FUND.—The Trib-
al Council of the Band shall be the trustee of the Trust
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Fund and shall administer the Fund in accordance with
this section. In carrying out this responsibility, the Tribal
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 Fund and charged against
the earnings of the fiscal year in which the payment be-
comes due.
(c) TRUST FUND AS LOAN COLLATERAL.—(1) The
Trust Fund shall be used by the Band as collateral to
secure a bank loan equal to 80 percent of the principal
of the Trust Fund at the lowest interest rate then avail-
able. Such loan shall be used by the Band to make a one-
time per capita payment to all eligible members.
(2) The loan secured pursuant to this subsection shall
be amortized by the earnings of the Trust Fund. The
Tribal Council of the Band shall have the authority to in-
vest the principal of the Trust Fund on market risk prin-
ciples that will ensure adequate payments of the debt obli-
gation while at the same time protecting the principal.
(d) ELDERS’ LAND CLAIM DISTRIBUTION TRUST
FUND.—(1) Upon the retirement of the loan obtained pur-
suant to subsection (c), the Tribal Council shall establish
the Grand Traverse Band Elders’ Land Claims Distribu-
tion Trust Fund (hereafter in this section referred to as
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the ‘‘Elders’ Trust Fund’’). There shall be deposited into
the Elders’ Trust Fund the principal and all accrued earn-
ings that are in the Land Claims Distribution Trust Fund
on the date of retirement of such loan.
(2) Upon establishment of the Elders’ Trust Fund,
the Tribal Council of the Band shall make a one-time pay-
ment to any person who is living on the date of the estab-
lishment of the Elders’ Trust Fund, and who was an en-
rolled member of the Band for at least 2 years prior to,
the date of the enactment of this Act as follows:
(A) $500 for each member who has attained the
age of 55 years, but is less than 62 years of age.
(B) $1,000 for each member who has attained
the age of 62 years, but is less than 70 years of age.
(C) $2,500 for each member who is 70 years of
age or older.
(3) After distribution pursuant to paragraph (2), the
net annual earnings of the Elders’ Trust Fund shall be
distributed as follows:
(A) 90 percent shall be distributed on October
1 of each year after the creation of the Elder’s
Trust Fund to all living enrolled members of the
Band who have attained the age of 55 years upon
such date, and who shall have been an enrolled
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member of the Band for not less than 2 years upon
such date.
(B) 10 percent shall be added to the principal
of the Elders’ Trust Fund.
(4) Distribution pursuant to paragraph (3)(A) shall
be as follows:
(A) One share for each person on the current
annual Elders’ roll who has attained the age of 55
years, but is less than 62 years of age.
(B) Two shares for each person who has at-
tained the age of 62 years, but is less than 70 years
of age.
(C) Three shares for each person who is 70
years of age or older.
(5) None of the funds in the Elders’ Trust Fund shall
be distributed or expended for any purpose other than as
provided in this subsection.
(6) The Elders’ Trust Fund 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 reasonably available for
inspection by the members of the Band.
(7) The Tribal Council of the Band shall prepare an
annual Elders’ distribution roll and ensure its accuracy
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prior to August 30 of each year. The roll shall identify
each member of the Band who has attained the minimum
age and membership duration required for distribution eli-
gibility pursuant to paragraph (3)(A).
(e) GENERAL PROVISIONS.—(1) In the event that a
tribal member eligible for a payment under this section
shall die after preparation of the annual distribution roll,
but prior to the distribution date, such payment shall be
paid to the estate of such member.
(2) In any case where a legal guardian has been ap-
pointed for a person eligible for a payment under this sec-
tion, payment of that person’s share shall be made to such
guardian.
(f) NO SECRETARIAL RESPONSIBILITIES FOR TRUST
FUND.—The Secretary shall have no trust responsibility
for the investment, supervision, administration, or expend-
iture of the Land Claims Distribution Trust Fund or the
Elders’ Trust Fund.
SEC. 10. PAYMENT TO NEWLY RECOGNIZED OR RE-
AFFIRMED TRIBES.
(a) ELIGIBILITY.—In order to be eligible for tribal
funds under this Act, a tribe that is not federally recog-
nized or reaffirmed on the date of the enactment of this
Act—
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(1) must be a signatory to either the 1836 trea-
ty (7 Stat. 491) or the 1855 treaty (11 Stat. 621);
(2) must have a membership that is predomi-
nantly Chippewa and Ottawa;
(3) shall not later than 6 months after the date
of the enactment of this Act, submit to the Bureau
of Indian Affairs a letter of intent for Federal rec-
ognition if such a letter is not on file with the Bu-
reau of Indian Affairs; and
(4) shall not later than 3 years after the date
of the enactment of this Act, submit to the Bureau
of Indian Affairs a documented petition for Federal
recognition if such a petition is not on file with the
Bureau of Indian Affairs.
(b) DISTRIBUTION
OF
FUNDS
ALLOTTED
FOR
NEWLY RECOGNIZED
OR REAFFIRMED TRIBES.—Not
later than 90 days after a tribe that has submitted a time-
ly petition pursuant to subsection (a) is federally recog-
nized or reaffirmed, the Secretary shall segregate and hold
in trust for such tribe, its respective share of the funds
described in sections 4(a)(1) and (b)(1), $3,000,000 plus
30 percent of any income earned on the funds described
in section 4(a)(1) and (b)(1) up to the date of such dis-
tribution.
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(c) DISTRIBUTION OF FUNDS ALLOTTED FOR CER-
TAIN INDIVIDUALS.—If, after the date of the enactment
of this Act and before approval by the Secretary of the
judgment distribution roll of descendants, Congress or the
Secretary recognizes a tribe which has as a member an
individual that is listed on the judgment distribution roll
of descendants as approved pursuant to section 6, the Sec-
retary shall, not later than 90 days after the approval of
such judgment distribution roll of descendants, remove
that individual’s name from the descendants roll and re-
allocate the funds allotted for that individual to the fund
established for such newly recognized or reaffirmed tribe.
(d) FUNDS SUBJECT TO PLAN.—Funds held in trust
for a newly recognized or reaffirmed tribe shall be subject
to plans that are approved in accordance with this Act.
(e) DETERMINATION
OF MEMBERSHIP
IN NEWLY
RECOGNIZED OR REAFFIRMED TRIBE.—
(1) SUBMISSION OF MEMBERSHIP ROLL.—For
purposes of this section—
(A) if the tribe is acknowledged by the
Secretary under part 83 of title 25, Code of
Federal Regulations, the Secretary shall use the
tribe’s most recent membership list provided
under such part;
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(B) unless otherwise provided by the stat-
utes which recognizes the tribe, if Congress rec-
ognizes a tribe, the Secretary shall use the most
recent membership 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 ac-
knowledgment 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
recognized tribe shall submit a membership list
to the Secretary before the judgment distribu-
tion roll of descendants is approved or the judg-
ment funds shall be distributed per capita pur-
suant to section 6;
(C) a tribe that has submitted a member-
ship roll pursuant to this section may update its
membership rolls not later than 180 days before
distribution pursuant to section 6.
(2) FAILURE TO SUBMIT UPDATED MEMBER-
SHIP
ROLL.—If a membership list was not pro-
vided—
(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