court transfer the case to the Temporary Court estab-
lished by this Act. The court shall grant that motion un-
less it finds that doing so will not serve the interests of
justice in that case.
SEC. 112. AVAILABILITY OF RECORDS.
Effective upon the enactment of this Act, the Sec-
retary shall make available to a Tribe all records and doc-
uments requested by that Tribe involving the United
States management of trust funds and trust resources be-
longing to that Tribe, regardless of whether or not the
Tribe has chosen to participate in the procedures set out
in sections 106 and 107. The Secretary shall provide the
requested information within 45 days of the request: Pro-
vided further, That, where a request imposes severe work-
load burdens on the Secretary, he may provide the infor-
mation within 120 days of the request, by providing the
Tribe within 30 days of the request, a written notice de-
scribing the burdens that make it impossible to comply
within 45 days. If the Secretary fails to provide the re-
quested documentation within the time provided for in this
section, he shall be subject to a civil penalty of $500 per
day for each day he fails to comply: Provided further, That
the Secretary may apply to the Court established pursuant
to section 101 of this Act for a waiver of such penalty
upon a showing of good cause. All penalties shall be paid
out of the funds appropriated to the Office of the Sec-
retary of the Interior.
SEC. 113. KNOWN ERRORS.
The Secretary shall, within 120 days of the effective
date of this Act, compensate each tribe for all known er-
rors identified in the reconciliation report that resulted in
losses or underpayments to that tribe’s trust fund account.
Such payments shall be made without prejudice to any
claims the tribe may elect to bring under other sections
of this Act.
SEC. 114. INTEREST.
Any compensation paid to a tribe pursuant to this
title shall include interest from the date of the loss or error
to the date of the adjustment or payment of compensation.
The rate of interest shall be the average Treasury rate.
Interest shall be compounded on a daily basis.
SEC. 115. SOURCE OF FUNDS FOR PAYMENT.
All payments made to tribes pursuant to the provi-
sions of this title shall be made from the Permanent Judg-
ment Claims Fund (section 1304 of title 31 of the United
States Code). No funds for implementing this title or for
paying damage claims pursuant to it shall be taken from
appropriations for the operation of or programs for the
benefit of Indians.
TITLE 
II—EXPEDITED 
PROCE-
DURE 
FOR 
TRIBAL 
TRUST
FUND RESTITUTION
SEC. ll.
A Tribe, by resolution, may select the following set
of procedures for resolving the United States liability for
mismanagement of that Tribe’s trust funds and resources.
A Tribe that selects this set of procedures is barred from
participating in the procedures set out in title I of this
Act.
SEC. 201. DIRECT NEGOTIATIONS WITH THE SECRETARY.
(a) IN GENERAL.—A tribe that has opted out of the
proceedings established in title I may, within 1 year of
the effective date of this Act, by letter sent by registered
mail, request that the Secretary enter into negotiations
with the tribe to settle the United States’ liability to that
tribe for mismanagement of that tribe’s trust funds and
assets. In the letter, it shall indicate whether it will submit
a settlement proposal or if it chooses for the Secretary
to submit the initial proposal. The parties shall, within
60 days of the date of the tribe’s request, engage in direct
negotiations under such arrangements as are agreed to by
them: Provided, That, the Secretary in his discretion, may
delay the commencement of any such negotiations if insuf-
ficient resources or personnel require. If the parties reach
agreement, it shall be incorporated into a settlement
agreement. If, after 1 year the negotiations have failed
to produce a settlement, or upon mutual agreement by the
parties at any time that the negotiations will not produce
a settlement, the negotiations shall terminate unless both
parties agree to their continuation. Upon termination of
the negotiations, the tribe shall, within 180 days, either—
(1) initiate the mediation procedure provided
for in section 202 of this title;
(2) notify the Court established pursuant to
title I of this Act that it is entering those proceed-
ings as a plaintiff; or
(3) file suit in Federal court under the regular
procedures established for monetary claims against
the United States.
(b) EXTINGUISHMENT OF CLAIM FOR LACK OF AC-
TION.—If the tribe fails to take any of these actions within
the time period provided, its claims for monetary damages
against the United States for breach of its trust respon-
sibility for all years prior to the effective date of this Act
shall be extinguished.
SEC. 202. MEDIATION.
A tribe that has opted out of the proceedings estab-
lished by title I, may either within 1 year of the effective
date of this Act, or within 180 days of the termination
of negotiations with the Secretary under section 201 of
this Act, request mediation or arbitration to resolve the
United States liability to that tribe for mismanagement
of that tribe’s trust funds and assets, under the following
procedures:
(1) The mediator or arbitrator shall be provided
by the American Arbitration Association.
(2) The mediation or arbitration shall com-
mence within 60 days after the date of the tribe’s
request: Provided, That the Secretary, in his discre-
tion, may delay the commencement of any such me-
diation or arbitration if insufficient resources or per-
sonnel require.
(3) The parties may agree to conduct, or the
mediator or arbitrator may direct that there be con-
ducted, limited additional analysis of the trust man-
agement records to facilitate a settlement.
(4) The parties shall exchange any records each
may have with regard to the subject of the arbitra-
tion or mediation.
(5) The arbitration shall continue until a deci-
sion is issued by the arbitrator. Such decision shall
be binding and there shall be no appeal from it.
(6) The mediation shall terminate 1 year after
the date of the first meeting unless the parties mu-
tually agree to its continuation. Upon termination, a
tribe, within 1 year of the date of termination of the
mediation, shall either enter the proceedings estab-
lished pursuant to title I of this Act or file suit in
Federal court pursuant to the procedures established
for bringing monetary claims against the United
States. If the tribe fails to take either action within
the time period provided, its claims for monetary
damages against the United States for breach of its
trust responsibility for all years prior to the effective
date of this Act shall be extinguished.
(7) If an agreement on the United States liabil-
ity is reached through mediation or through a deci-
sion by the arbitrator, it shall be incorporated into
a settlement agreement.
SEC. 203. PAYMENT.
Within 60 days after a settlement agreement is en-
tered into resulting from the procedures set out in this
title and said settlement is approved by the Attorney Gen-
eral of the United States, the United States shall pay to
that tribe, from the Permanent Judgment Fund Account
of the United States in the Department of the Treasury,
the amount determined to be the United States liability
to that tribe as provided for by the procedures established
by this title. At the tribe’s option, the payment may be
deposited in the tribe’s account in the Office of Trust
Fund Management, Department of the Interior, or may
be deposited in such other account as is requested by the
tribe.
SEC. 204. ATTORNEYS FEES AND COSTS.
If a tribe participates in 1 of the procedures provided
for in sections 201 and 202 of this title and such proce-
dure has resulted in a settlement, the tribe shall be enti-
tled to the award of reasonable attorneys fees and costs
pursuant to the Equal Access to Justice Act: Provided,
That the eligibility requirements at section 2412(d)(2)(B)
of that Act shall not be applicable.
SEC. 205. INTEREST.
Any compensation paid to a tribe pursuant to this
title shall include interest from the date of the loss or error
to the date of the adjustment or payment of compensation.
The rate of interest shall be the average Treasury rate.
Interest shall be compounded on a daily basis.
SEC. 206. EXTINGUISHMENT OF CLAIMS.
Upon receipt of payment by a tribe pursuant to the
procedures established by this title, all claims that a tribe
may have against the United States for breach of the
United States trust responsibility for management of trust
funds of said tribe, beginning with that stage in the trust
management process at which the trustee is required to
manage the trust asset, shall be completely and perma-
nently extinguished for the years that were subject to the
procedures set out in this title.
SEC. 207. SOURCE OF FUNDS FOR PAYMENT.
All payments made to tribes pursuant to the provi-
sions of this title shall be made from the Permanent Judg-
ment Claims Fund (section 1304 of title 31 of the United
States Code). No funds for implementing this title or for
paying damage claims pursuant to it shall be taken from
appropriations for the operation of or programs for the
benefit of Indians.
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