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 ‘‘Delaware Judgment 
Funds Distribution Settlement Act of 2008’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CHEROKEE NATION.—The term ‘‘Cherokee 
Nation’’ means the Cherokee Nation, with its head-
quarters located in Tahlequah, Oklahoma. 
(2) 
CHEROKEE
NATION
JURISDICTIONAL 
BOUNDARY.—The term ‘‘Cherokee Nation Jurisdic-
tional Boundary’’ means the boundary surrounding 
lands within the Indian Territory that were ceded by 
the United States to the Nation pursuant to the 
Treaties of May 6, 1828, February 14, 1833, and 
December 29, 1835, 7 Stat. 478, the Indian Re-
moval Act of 1830, 4 Stat. 411, and the fee patent 
executed by President Martin Van Buren on Decem-
ber 31, 1838, diminished only by sales under the 
Acts of February 28, 1877, 19 Stat. 265, June 2, 
1886, 24 Stat. 121, March 3, 1893, ch. 209, 27 
Stat. 612, 645, and Proclamation No. 5, 20 Stat. 
1222 (1893), including any interpretation of that 
boundary under Federal law or by courts of com-
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
petent jurisdiction, and shall also include those spe-
cific parcels of Indian lands of the Nation outside 
that boundary wherever or whenever acquired. 
(3) DELAWARE NATION.—The term ‘‘Delaware 
Nation’’ means the Delaware Nation, Oklahoma 
(formerly known as the ‘‘Absentee Delaware Tribe of 
Western Oklahoma’’ and the ‘‘Western Delaware 
Tribe’’). 
(4) DELAWARE TRIBE.—The term ‘‘Delaware 
Tribe’’ means the Delaware Tribe of Indians, Okla-
homa (formerly known as the ‘‘Cherokee Delaware’’ 
and the ‘‘Eastern Delaware’’). 
(5) EXISTING AUTHORITY.—The term ‘‘existing 
authority’’ means— 
(A) the first section of Public Law 87–283 
(25 U.S.C. 164); 
(B) Public Law 90–508 (25 U.S.C. 1181 
et seq.); 
(C) Public Law 92–456 (25 U.S.C. 1291 
et seq.); 
(D) Public Law 93–134 (25 U.S.C. 1401 
et seq.); 
(E) Public Law 96–318 (94 Stat. 968); 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
(F) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(G) any other provision of law (including 
regulations). 
(6) HISTORICAL
AREAS
OF
THE
DELAWARE 
TRIBE.—The term ‘‘historical areas of the Delaware 
Tribe’’ means those counties outside Oklahoma on a 
list submitted by the Chief of the Delaware Tribe to 
the Assistant Secretary-Indian Affairs and those 
areas outside Oklahoma defined by treaties between 
the Delaware Nation and the United States. 
(7) IDAHO DELAWARE.—The term ‘‘Idaho Dela-
ware’’ means the Delawares of Idaho, Incorporated. 
(8) INDIAN
COUNTRY.—The term ‘‘Indian 
Country’’ means ‘‘Indian Country’’ as defined by 
Federal law. 
(9) JOINT
DELAWARE
TRUST
FUNDS.—The 
term ‘‘Joint Delaware Trust Funds’’ means— 
(A) the trust fund accounts numbered 
JA9483106 and JA9480698 (including all in-
terest on those accounts); and 
(B) 63 percent of the trust fund account 
numbered JA9480102 as of the date of enact-
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
ment of this Act (including all interest on that 
portion of the account). 
(10) KANSAS DELAWARE.—The term ‘‘Kansas 
Delaware’’ means the Kansas Delaware Tribe of In-
dians, Incorporated. 
(11) LIST.—The term ‘‘List’’ means the list of 
tribal entities published in the Federal Register pur-
suant to section 104 of the Federally Recognized In-
dian Tribe List Act of 1994 (25 U.S.C. 479a–1). 
(12) RESTRICTED
LAND.—The term ‘‘Re-
stricted land’’ means any land, the title to which is 
held in the name of an Indian or Indian tribe sub-
ject to restrictions by the United States against 
alienation. 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(14) TRUST
LAND.—The term ‘‘Trust land’’ 
means land, the title to which is held by the United 
States in trust for the benefit of an Indian tribe or 
individual. 
(15) UNDISTRIBUTED DELAWARE TRIBE TRUST 
FUNDS.—The term ‘‘undistributed Delaware Tribe 
Trust Funds’’ means any amounts in the trust fund 
accounts 
numbered 
JA9484104, 
JA9484377, 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
JA9285105, and JA9285378 (including all interest 
on those accounts). 
(16) UNDISTRIBUTED IDAHO DELAWARE TRUST 
FUNDS.—The term ‘‘undistributed Idaho Delaware 
Trust Funds’’ means the trust fund accounts num-
bered JA9483692, JA9483379, and JA9483015 (in-
cluding all interest on those accounts). 
(17) 
UNDISTRIBUTED
KANSAS
DELAWARE 
TRUST
FUNDS.—The term ‘‘undistributed Kansas 
Delaware Trust Funds’’ means— 
(A) the trust fund account numbered 
JA9480011 (including all interest on that ac-
count); and 
(B) 37 percent of the trust fund account 
numbered JA9480102 as of the date of enact-
ment of this Act (including all interest on that 
portion of the account). 
(18) UNDISTRIBUTED
PER
CAPITA
DISTRIBU-
TIONS TO CERTAIN DELAWARE TRIBE MEMBERS.— 
The term ‘‘undistributed per capita payments to cer-
tain Delaware Tribe members’’ means the trust fund 
accounts numbered JA9284108 and JA9284371 (in-
cluding all interest on those accounts). 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
SEC. 3. DELAWARE TRIBE TRUST FUNDS MISMANAGEMENT 
CLAIMS SETTLEMENT. 
Not later than 30 days after the date of enactment 
of this Act, the United States shall offer to file with the 
Delaware Tribe a joint motion for entry of judgment in 
the amount of $437,165 in Docket No. 02–26L in the 
United States Court of Federal Claims, as a full and final 
judicial settlement of all trust fund claims of the Delaware 
Tribe that were or could have been brought under that 
docket. 
SEC. 4. DISTRIBUTIONS TO TRIBES, ELIGIBLE MEMBERS, 
AND ENROLLEES. 
(a) IN GENERAL.—Notwithstanding existing author-
ity, the Secretary shall carry out such actions as the Sec-
retary determines to be necessary to satisfy any remaining 
monetary obligations identified in the judgment for the 
case styled Delawares of Idaho, Inc., et al. v. Clark, Civ. 
No. 83–1192 (D. Idaho) (October 2, 1984) and subse-
quent orders of that court. 
(b) REQUIREMENTS.— 
(1) DELAWARE TRIBE.— 
(A) DEFINITION OF ELIGIBLE MEMBER.— 
In this paragraph, the term ‘‘eligible member’’ 
means a member of the Delaware Tribe identi-
fied as underpaid in the memorandum decision 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
and judgment of the case described in sub-
section (a). 
(B) 
PAYMENTS
UNDER
CERTAIN 
AMOUNT.—The Secretary shall pay to the gov-
erning body of the Delaware Tribe for program-
ming purposes each per capita payment of an 
eligible member or heir or legatee under this 
paragraph in an amount that is less than $5. 
(C) 
REMAINING
AMOUNTS.—Notwith-
standing existing authority— 
(i) IN
GENERAL.—Any amounts re-
maining on the date that is 1 year after 
the date on which 80 percent of the initial 
distributions under this paragraph have 
been made shall be provided to the gov-
erning body of the Delaware Tribe for pro-
gramming purposes. 
(ii) DETERMINATION.—No more than 
one series of per capita payments under 
this paragraph shall be required before de-
termining that amounts remaining are eli-
gible for distribution to the governing body 
of the Delaware Tribe under this subpara-
graph. 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
(2) KANSAS
DELAWARE
AND
IDAHO
DELA-
WARE.— 
(A) 
DEFINITION
OF
ELIGIBLE
EN-
ROLLEE.—In this paragraph, the term ‘‘eligible 
enrollee’’ means an enrollee of the Kansas Dela-
ware or the Idaho Delaware identified as under-
paid in the memorandum decision and judg-
ment of the case described in subsection (a). 
(B) 
PAYMENTS
UNDER
CERTAIN 
AMOUNT.—Of each per capita payment of an el-
igible enrollee or heir or legatee under this 
paragraph in an amount that is less than $5, 
the Secretary shall pay, for programming pur-
poses— 
(i) 19 percent of the amount to the 
Delaware Nation; and 
(ii) 81 percent of the amount to the 
Delaware Tribe. 
(C) 
REMAINING
AMOUNTS.—Notwith-
standing existing authority— 
(i) IN
GENERAL.—Any amounts re-
maining on the date that is 1 year after 
the date on which 80 percent of the initial 
distributions under this paragraph have 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
been made shall be provided for program-
ming purposes— 
(I) 17 percent to the Delaware 
Nation; and 
(II) 83 percent to the Delaware 
Tribe. 
(ii) DETERMINATION.—No more than 
one series of per capita payments under 
this paragraph shall be required before de-
termining that amounts remaining are eli-
gible for distribution to the governing bod-
ies of those tribes under this subpara-
graph. 
(c) CONSTRUCTION.—If any order of the court in the 
case described in subsection (a) issued prior to the date 
of enactment of this Act is inconsistent with a provision 
of subsection (c), the order of the court shall govern unless 
amended by the court. 
SEC. 5. DISTRIBUTION OF TRUST FUNDS. 
(a) IN GENERAL.—Notwithstanding existing author-
ity, not later than 60 days after the date on which the 
motion filed under section 3 is granted, of amounts in the 
Joint Delaware Trust Funds, the Secretary shall— 
(1) distribute to the Delaware Nation 17 per-
cent for programming purposes; 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
(2) implement a process to use 72 percent to 
make per capita distributions to members of the 
Delaware Tribe, in accordance with subsection (c); 
and 
(3) implement a process to distribute to the 
Kansas Delaware and the Idaho Delaware 11 per-
cent, in accordance with subsection (e). 
(b) DEFINITION.—In this section, ‘‘update the roll’’ 
means using reasonable efforts to obtain current addresses 
for persons listed on the specified roll, to identify such 
persons who are deceased, and to ascertain the heirs and 
legatees of such deceased persons. Where this section per-
mits the Secretary to contract the updating of a roll, some 
or all of these functions may be contracted. 
(c) PER CAPITA DISTRIBUTIONS.— 
(1) UPDATING ROLL.— 
(A) IN GENERAL.—The Secretary shall im-
plement a process to update, or offer to enter 
into a contract with the Delaware Tribe under 
which the Delaware Tribe shall update, the roll 
of members prepared by the Secretary under 
section 5(a)(2) of Public Law 96–318 (94 Stat. 
968). 
(B) CONTRACT REQUIREMENT.—Notwith-
standing section 552a of title 5, United States 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
Code (commonly known as the ‘‘Privacy Act of 
1974’’), or any other provision of law, if the 
Secretary enters into a contract with the Dela-
ware Tribe under subparagraph (A), the Sec-
retary may provide to the Delaware Tribe— 
(i) the roll prepared by the Secretary 
under section 5(a)(2) of Public Law 96– 
318 (94 Stat. 968); and 
(ii) any other information the Sec-
retary determines to be necessary to carry 
out the contract. 
(2) DISTRIBUTIONS.— 
(A) DEFINITION OF ELIGIBLE MEMBER.— 
In this paragraph, the term ‘‘eligible member’’ 
means a member of the Delaware Tribe who is 
listed on the roll prepared under section 5(a)(2) 
of Public Law 96–318 (94 Stat. 968). 
(B) ADULT
MEMBERS.—The Secretary 
shall make per capita payments to eligible 
members aged 18 or older directly to the eligi-
ble members. 
(C) DISABLED MEMBERS.—The Secretary 
shall make per capita payments to legally dis-
abled eligible members in accordance with such 
procedures (including the establishment of 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
trusts) as the Secretary determines to be appro-
priate to protect the best interests of those eli-
gible members. 
(D) DECEASED ELIGIBLE MEMBERS.—The 
Secretary shall make any per capita payment 
owed to a deceased eligible member that is 
$100 or more to the appropriate living heirs 
and legatees in accordance with a summary dis-
tribution prepared by the Superintendent, Bu-
reau of Indian Affairs, Muskogee, Oklahoma, 
that identifies those heirs or legatees who are 
living and located, and pay to the governing 
body of the Delaware Tribe for programming 
purposes (i) any portion owed to a deceased 
heir or legatee, and (ii) any per capita payment 
owed to a deceased eligible member that is less 
than $100. If the Secretary contracts the deter-
mination of heirs and legatees under paragraph 
(1)(B), the Superintendent may rely on the re-
sults under that contract. 
(E) 
PAYMENTS
UNDER
CERTAIN 
AMOUNT.—The Secretary shall pay to the gov-
erning body of the Delaware Tribe for program-
ming purposes each per capita payment of an 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
(e) UNDISTRIBUTED PER CAPITA DISTRIBUTIONS TO 
CERTAIN DELAWARE TRIBE MEMBERS.— 
(1) DISTRIBUTIONS.— 
(A) IN GENERAL.—Notwithstanding exist-
ing authority, not later than 60 days after the 
date on which the motion filed under section 3 
is granted, the Secretary shall implement a 
process under which the Secretary shall— 
(i) determine, based on available in-
formation, which members of the Delaware 
Tribe listed on the roll prepared under 
Public Law 92–456 (25 U.S.C. 1291 et 
seq.) did not receive a distribution; and 
(ii) make the required per capita pay-
ments to those members in accordance 
with subsection (b)(2)(B)(E). 
(B) 
REMAINING
AMOUNTS.—Notwith-
standing existing authority— 
(i) IN GENERAL.—The Secretary shall 
provide to the governing body of the Dela-
ware Tribe for programming purposes any 
amounts remaining on the date that is 1 
year after the date on which the Secretary 
completes the initial distributions and 
transfers under this paragraph. 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
(ii) DETERMINATION.—The Secretary 
shall not be required to make more than 
one series of per capita payments under 
this paragraph before determining that 
amounts remaining are eligible for dis-
tribution to the governing body of the 
Delaware Tribe under this subparagraph. 
(2) UPDATING ROLL.— 
(A) IN GENERAL.—To the extent the Sec-
retary determines to be necessary to carry out 
paragraph (1), the Secretary shall update, or 
offer to enter into a contract with the Delaware 
Tribe under which the Delaware Tribe shall up-
date, the roll prepared by the Secretary under 
Public Law 92–456 (25 U.S.C. 1291 et seq.). 
(B) CONTRACT REQUIREMENT.—Notwith-
standing section 552a of title 5, United States 
Code (commonly known as the ‘‘Privacy Act of 
1974’’), or any other provision of law, if the 
Secretary enters into a contract with the Dela-
ware Tribe under subparagraph (A), the Sec-
retary may provide to the Delaware Tribe— 
(i) the roll prepared by the Secretary 
under Public Law 92–456 (25 U.S.C. 
1291 et seq.); and 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
(ii) any other information the Sec-
retary determines to be necessary to carry 
out the contract. 
(f) UNDISTRIBUTED
KANSAS
DELAWARE
TRUST 
FUNDS AND UNDISTRIBUTED IDAHO DELAWARE TRUST 
FUNDS.— 
(1) UPDATING ROLL.— 
(A) IN GENERAL.—To the extent necessary 
to fulfill the purposes of this Act, the Secretary 
shall implement a process to update the rolls, or 
offer to enter into contracts with the Idaho 
Delaware and the Kansas Delaware under 
which the Idaho Delaware and Kansas Dela-
ware shall update their respective roll, prepared 
by the Secretary under paragraphs (1) and (3) 
of section 5(a) of Public Law 96–318 (94 Stat. 
968). 
(B) CONTRACT REQUIREMENT.—Notwith-
standing section 552a of title 5, United States 
Code (commonly known as the ‘‘Privacy Act of 
1974’’), or any other provision of law, if the 
Secretary enters into a contract with the Idaho 
Delaware or the Kansas Delaware under sub-
paragraph (A), the Secretary may provide to 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
the Idaho Delaware, the Kansas Delaware, or 
both— 
(i) their respective roll prepared by 
the Secretary under paragraphs (1) and 
(3) of section 5(a) of Public Law 96–318 
(94 Stat. 968); and 
(ii) any other information the Sec-
retary determines to be necessary to carry 
out the contract. 
(2) DEFINITION OF ENROLLEE.—In this sub-
section, the term ‘‘enrollee’’ means a person who is 
listed on the rolls prepared under paragraph (1) or 
(3) of section 5(a) of Public Law 96–318 (94 Stat. 
968). 
(3) APPORTIONMENT.—Notwithstanding exist-
ing authority, of amounts in the undistributed Idaho 
Delaware Trust Funds and the undistributed Kan-
sas Delaware Trust Funds, the Secretary shall dis-
tribute— 
(A) to the Delaware Tribe for program-
ming purposes not later than 60 days after the 
date on which the motion filed under section 3 
is granted, 37 percent of amounts in the trust 
fund account numbered JA9480102 as of the 
date of enactment of this Act (including inter-
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
est accruing on that account after that date) to 
correct payments erroneously made from an ac-
count of the Delaware Tribe to enrollees of the 
Kansas Delaware; 
(B) to any appropriate attorney who 
makes a claim within 60 days to the Secretary, 
amounts set aside pursuant to Public Law 96– 
318 (94 Stat. 968) that are held in trust for at-
torney’s fees as of the date of enactment of this 
Act and are determined to be owing by the Sec-
retary; 
(C) to enrollees of the Kansas Delaware, in 
accordance with paragraph (4)— 
(i) 9.2 percent of the Joint Delaware 
Trust Funds; and 
(ii) amounts remaining in the undis-
tributed Kansas Delaware Trust Funds 
after making the distributions under sub-
paragraphs (A) and (B); and 
(D) to enrollees of the Idaho Delaware, in 
accordance with paragraph (4)— 
(i) 1.8 percent of the Joint Delaware 
Trust Funds; and 
(ii) amounts remaining in the undis-
tributed Idaho Delaware Trust Funds 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
after making any distributions under sub-
paragraph (B). 
(4) PAYMENTS TO ENROLLEES.— 
(A) ADULT
ENROLLEES.—The Secretary 
shall make per capita payments under subpara-
graphs (C) and (D) of paragraph (3) to enroll-
ees aged 18 or older directly to the enrollees. 
(B) DISABLED
ENROLLEES.—The Sec-
retary shall make per capita payments under 
subparagraphs (C) and (D) of paragraph (3) to 
legally disabled enrollees in accordance with 
such procedures (including the establishment of 
trusts) as the Secretary determines to be appro-
priate to protect the best interests of those en-
rollees. 
(C) DECEASED
ENROLLEES.—The Sec-
retary shall make any per capita payment owed 
to a deceased eligible enrollee under subpara-
graphs (C) and (D) of paragraph (3) that is 
$100 or more to the appropriate living heirs 
and legatees in accordance with a summary dis-
tribution prepared by the appropriate Super-
intendent, Bureau of Indian Affairs, that iden-
tifies those heirs or legatees who are living and 
located, and pay to the tribal governing bodies 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
(I) 17 percent to the Delaware 
Nation; and 
(II) 83 percent to the Delaware 
Tribe. 
(ii) DETERMINATION.—The Secretary 
shall not be required to make more than 
one series of per capita payments under 
this paragraph before determining that 
amounts remaining are eligible for dis-
tribution to the governing bodies of those 
tribes under this subparagraph. 
(5) IDAHO DELAWARE ACTION.— 
(A) The Idaho Delaware filed on May 25, 
2007 an action in the United States District 
Court for the District of Idaho styled Dela-
wares of Idaho, Inc. v. Kempthorne, No. 1:07– 
cv–00237, seeking a writ of mandamus compel-
ling distributions of the amounts due the Idaho 
Delaware enrollees under this section. 
(B) This section shall not obligate the Sec-
retary to make any distribution or take any 
other action that would be duplicative of any 
distribution or action taken by the Secretary in 
that case voluntarily or pursuant to the Judg-
ment and Order of June 26, 2008 or any other 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
order of the court issued prior to the date of 
enactment of this Act. 
SEC. 6. DELAWARE TRIBE RELATIONSHIP WITH THE 
UNITED STATES. 
(a) FINDING.—A December 3, 1940, letter of the As-
sistant Commissioner of Indian Affairs, approved by As-
sistant Secretary Oscar Chapman for the Department of 
the Interior on January 23, 1941, determined that the 
Delaware Tribe was eligible to organize as a distinct and 
separate tribe under the Oklahoma Indian Welfare Act. 
(b) REORGANIZATION OF THE DELAWARE TRIBE BY 
THE DEPARTMENT OF THE INTERIOR.—If the Delaware 
Tribe elects to and is reorganized by the Secretary under 
section 3 of the Act of June 26, 1936 (25 U.S.C. 503) 
(commonly known as the ‘‘Oklahoma Indian Welfare 
Act’’), thereby restoring its direct government-to-govern-
ment relationship with the United States and being re-
stored to the List, or is restored to the List by any other 
means, such restoration shall be subject to the following 
provisions: 
(1) Any agreement (including future amend-
ments thereto) made after January 1, 2007, between 
the Delaware Tribe and the Cherokee Nation ad-
dressing common issues of jurisdiction, Federal 
funding, or land within the Cherokee Nation Juris-
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
dictional Boundary shall be binding upon Federal 
agencies unless otherwise prohibited by law. If 
waived in such an agreement, the sovereign immu-
nity of the Delaware Tribe, as reorganized, shall not 
prevent the enforcement of such an agreement by 
the Cherokee Nation in any United States district 
court. Disputes regarding enforcement of such 
agreements arise under Federal Indian law for pur-
poses of Federal court jurisdiction. 
(2) The Secretary shall process a request to 
have land acquired in trust for general purposes 
within the historical areas of the Delaware Tribe as 
an on-reservation acquisition under 25 CFR part 
151 or its equivalent under any successor regulation, 
if such consideration is expressly requested by the 
Delaware Tribe within 25 years of a reorganization 
of the Delaware Tribe by the Secretary under the 
Oklahoma Indian Welfare Act. 
(3) No land within the Cherokee Nation Juris-
dictional Boundary may be taken into trust or re-
stricted status under any provision of law for the 
benefit of the Delaware Tribe without the written 
consent of the Cherokee Nation. 
(4) Unless the Cherokee Nation and the Dela-
ware Tribe agree otherwise in writing, the Delaware 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
Tribe shall have no tribal jurisdiction over any In-
dian Country within the Cherokee Nation Jurisdic-
tional Boundary. 
(5) The Delaware Tribe is entitled to partici-
pate in the Small Business Administration’s 8(a) 
program with a new graduation period and without 
any penalty or negative consequences that might 
otherwise flow from its prior participation in the 
program. 
SEC. 7. CONSTRUCTION. 
(a) NO RECOGNITION OF CERTAIN DELAWARE ENTI-
TIES.—Nothing contained in this Act shall be construed 
as recognizing the Kansas Delaware, the Kansas Delaware 
Tribe of Indians, Incorporated, the Idaho Delaware, or the 
Delawares of Idaho, Incorporated, as federally recognized 
tribes. 
(b) NO OTHER TRIBAL INTEREST IN DELAWARE 
FUNDS.—Nothing in this Act shall be construed as pro-
viding any other tribe or the members of any other tribe 
who are not otherwise eligible members of the Delaware 
Tribe, or heirs or legatees of such members, with any in-
terest in, or authority or jurisdiction over, any funds that 
are subject to sections 1 through 5 of this Act. 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS
SEC. 8. NO TAXATION OF DISTRIBUTIONS. 
None of the funds distributed per capita or made 
available for programming purposes under this Act shall 
be subject to Federal or State income taxes or be consid-
ered income or resources in determining eligibility for as-
sistance under Federal, State, or local programs. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this Act. 
Æ 
VerDate Aug 31 2005 
23:13 Sep 15, 2008
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6301
E:\BILLS\H6786.IH
H6786
mstockstill on PROD1PC66 with BILLS