H. R. 1604—12
(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 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 attained 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 pre-
pare 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 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 eligibility 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 appointed
for a person eligible for a payment under this section, 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 expenditure of the Land Claims
Distribution Trust Fund or the Elders’ Trust Fund.
SEC. 110. PAYMENT TO NEWLY RECOGNIZED OR REAFFIRMED TRIBES.
(a) ELIGIBILITY.—In order to be eligible for tribal funds under
this Act, a tribe that is not federally recognized or reaffirmed
on the date of the enactment of this Act—
(1) must be a signatory to either the 1836 treaty (7 Stat.
491) or the 1855 treaty (11 Stat. 621);
(2) must have a membership that is predominantly
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
H. R. 1604—13
a letter of intent for Federal recognition if such a letter is
not on file with the Bureau of Indian Affairs; and
(4) shall not later than 3 years after the date of the enact-
ment 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 timely petition pursuant to subsection (a) is feder-
ally recognized or reaffirmed, the Secretary shall segregate and
hold in trust for such tribe, its respective share of the funds
described in sections 104(a)(1) and (b)(1), $3,000,000 plus 30 percent
of any income earned on the funds described in section 104(a)(1)
and (b)(1) up to the date of such distribution.
(c) DISTRIBUTION OF FUNDS ALLOTTED FOR CERTAIN INDIVID-
UALS.—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
106, the Secretary 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 reallocate 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 title.
(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;
(B) unless otherwise provided by the statutes which
recognizes the tribe, if Congress recognizes a tribe, the
Secretary shall use the most recent membership list pro-
vided to Congress. If no membership list is provided to
Congress, the Secretary shall use the most recent member-
ship list provided with the tribe’s petition for acknowledg-
ment under part 83 of title 25, Code of Federal Regulations.
If no such list was provided to Congress or under such
part, the newly recognized tribe shall submit a membership
list to the Secretary before the judgment distribution roll
of descendants is approved or the judgment funds shall
be distributed per capita pursuant to section 106;
(C) a tribe that has submitted a membership roll pursu-
ant to this section may update its membership rolls not
later than 180 days before distribution pursuant to section
106.
(2) FAILURE
TO
SUBMIT
UPDATED
MEMBERSHIP
ROLL.—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
H. R. 1604—14
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 recog-
nized or reaffirmed tribe shall submit a membership list
before the judgment distribution roll of descendants is
approved by the Secretary, unless otherwise provided in
the statute which recognized the tribe; and
(C) before the judgment distribution roll of descendants
is approved, the judgment funds shall be distributed per
capita pursuant to section 106.
SEC. 111. 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 be considered as income, resources,
or otherwise when determining the eligibility for or computation
of any payment or other benefit to such tribe, individual, or house-
hold 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, household, or
individual would otherwise be entitled under any Federal or
federally assisted program.
SEC. 112. TREATIES NOT AFFECTED.
No provision of this Act shall be construed to constitute an
amendment, modification, or interpretation of any treaty 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.
TITLE 
II—LIMITATION 
ON 
HEALTH
CARE CONTRACTS AND COMPACTS
FOR 
THE 
KETCHIKAN 
GATEWAY
BOROUGH
SEC. 201. FINDINGS.
Congress finds that—
(1) the execution of more than 1 contract or compact
between an Alaska Native village or regional or village corpora-
tion in the Ketchikan Gateway Borough and the Secretary
to provide for health care services in an area with a small
population leads to duplicative and wasteful administrative
costs; and
(2) incurring the wasteful costs referred to in paragraph
(1) leads to decrease in the quality of health care that is
provided to Alaska Natives in an affected area.
SEC. 202. DEFINITIONS.
In this title:
(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ has the
meaning given the term ‘‘Native’’ in section 3(b) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b)).
(2) ALASKA
NATIVE
VILLAGE
OR
REGIONAL
OR
VILLAGE
CORPORATION.—The term ‘‘Alaska Native village or regional
H. R. 1604—15
or village corporation’’ means an Alaska Native village or
regional or village corporation defined in, or established pursu-
ant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.).
(3) CONTRACT; 
COMPACT.—The terms ‘‘contract’’ and
‘‘compact’’ mean a self-determination contract and a self-
governance compact as these terms are defined in the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
SEC. 203. LIMITATION.
(a) IN GENERAL.—The Secretary shall take such action as may
be necessary to ensure that, in considering a renewal of a contract
or compact, or signing of a new contract or compact for the provision
of health care services in the Ketchikan Gateway Borough, there
will be only one contract or compact in effect.
(b) CONSIDERATION.—In any case in which the Secretary, acting
through the Director of the Indian Health Service, is required
to select from more than 1 application for a contract or compact
described in subsection (a), in awarding the contract or compact,
the Secretary shall take into consideration—
(1) the ability and experience of the applicant;
(2) the potential for the applicant to acquire and develop
the necessary ability; and
(3) the potential for growth in the health care needs of
the covered borough.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.