I
107TH CONGRESS
2D SESSION
H. R. 4208
To approve the use or distribution of judgment funds of the Red Lake
Band of Chippewa Indians of Minnesota by the Senate and the House
of Representatives, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 11, 2002
Mr. PETERSON of Minnesota introduced the following bill; which was referred
to the Committee on Resources
A BILL
To approve the use or distribution of judgment funds of
the Red Lake Band of Chippewa Indians of Minnesota
by the Senate and the House of Representatives, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Red Lake Band of
Chippewa Indians of Minnesota Use or Distribution of In-
dian Judgment Funds Plan Approval Act’’.
SEC. 2. FINDINGS.
Congress finds the following:
(5) The escrowed funds were for the purpose of
securing repayment to the United States for certain
expert witness loans made by the United States to
the Red Lake Band to assist the Band in developing
the evidence needed to prosecute its claims in Dock-
ets 189–A, 189–B, and 189–C.
(6) Pursuant to section 813 of the Omnibus In-
dian Advancement Act (Public Law 106–568), the
balance of such Red Lake Band expert witness loans
was canceled, thereby releasing the Red Lake Band
from any liability associated with such loans.
(7) The escrowed funds and the investment in-
come earned thereon are ready for distribution along
with other funds secured to the Red Lake Band
from the order and judgment entered in its favor by
the Court of Federal Claims on January 16, 2001,
in the amount of $53,500,000 and the investment
income earned thereon.
(8) A use or distribution plan for those funds
was approved by the Secretary and submitted to
Congress pursuant to the Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1401 et
seq.) and provides as follows:
(A) $40,000,000 shall be disbursed to a
permanent trust fund that, consistent with the
Settlement Agreement entered into between the
Red Lake Band and the United States in Dock-
et 189–C, the Red Lake Band has created pur-
suant to Tribal Resolution No. 243–2000 and
Ordinance adopted thereby No. 02–2000, and
from which fund some of the interest income
will be expended in accordance with a reforest-
ation plan, which is described in the Use or
Distribution Plan and which may be amended
from time to time as provided in the Use or
Distribution Plan.
(B) $7,525,657 shall be disbursed to the
Red Lake Band for reimbursement to the Band
for litigation-related fees, costs, and expenses it
has incurred in the successful prosecution of
the claims in Docket 189–C, and $680,578
shall be disbursed to the Red Lake Band for
expenses and fees, including legal costs, related
to the Band’s ongoing land restoration project.
(C) The remaining funds, estimated to be
$10,422,394.00, together with all investment
income earned on the Current Red Lake Judg-
ment Funds through the date of disbursement
by the Office of Trust Funds Management,
shall be paid out per capita to the members of
the Red Lake Band who were born and alive on
July 31, 2001.
(9) The Use or Distribution Plan is in the best
interests of the Red Lake Band.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) CURRENT RED LAKE JUDGMENT FUNDS.—
The term ‘‘Current Red Lake Judgment Funds’’
means the escrowed funds described in section
2(a)(4), together with the judgment amount of Jan-
uary 16, 2001, described in section 2(a)(7), along
with all interest earned on those amounts while held
by the Office of Trust Funds Management.
(2) RED LAKE BAND.—The term ‘‘Red Lake
Band’’ means the Red Lake Band of Chippewa Indi-
ans of Minnesota of the Red Lake Indian Reserva-
tion in north central Minnesota.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(4) USE OR DISTRIBUTION PLAN.—The term
‘‘Use or Distribution Plan’’ means the use or dis-
tribution plan approved by the Secretary and sub-
mitted to Congress as described in section 2(8).
SEC. 4. APPROVAL OF SECRETARIAL PLAN
Congress hereby approves the Use or Distribution
Plan.
SEC. 5. PLAN APPROVAL AND AUTHORIZATION FOR IMME-
DIATE DISBURSEMENT OF FUNDS.
The Secretary, through the Office of Trust Funds
Management, shall immediately disburse the funds identi-
fied in this Act as follows:
(1) $40,000,000 to a permanent trust fund
that, consistent with the Settlement Agreement en-
tered into between the Red Lake Band and the
United States in Docket 189–C, the Red Lake Band
has created pursuant to Tribal Resolution No. 243–
2000 and Ordinance adopted thereby No. 02–2000,
and from which fund some of the interest income
shall be expended in accordance with a reforestation
plan, which is described in the Use or Distribution
Plan and which may be amended from time to time
as provided in the Use or Distribution Plan.
(2) $7,525,657 to the Red Lake Band for reim-
bursement to the Band for litigation-related fees,
costs, and expenses it has incurred in the successful
prosecution of the claims in Docket 189–C and re-
lated matters.
(3) $680,578 to the Red Lake Band for ex-
penses and fees, including legal costs, related to the
Band’s ongoing land restoration project.
(4) $10,422,394, and all investment income
earned on the Current Red Lake Judgment Funds
through the date of disbursement by the Secretary
through the Office of Trust Funds Management, per
capita to the members of the Red Lake Band who
were born and alive on July 31, 2001. Such pay-
ments shall be exempt to the extent provided in sec-
tion 7 of the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1407).
Æ