Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act
PL 99-346 (S.1106), enacted 06/30/1986

100 STAT. 674 
PUBLIC LAW 99-346—JUNE 30, 1986 
Public Law 99-346 
99th Congress 
An Act 
June 30, 1986 
[S. 1106] 
Saginaw 
Chippewa 
Indian Tribe of 
Michigan 
Distribution 
of Judgment 
Funds Act. 
Claims. 
Securities. 
To provide for the use and distribution of funds appropriated in satisfaction of 
judgments awarded to the Saginaw Chippewa Tribe of Michigan in dockets num-
bered 57, 59, and 13E of the Indian Claims Commission and docket numbered 13F of 
the United States Claims Court, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
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SHORT TITLE; DEFINITIONS 
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SECTION 1. (a) This Act may be cited as the "Saginaw Chippewa 
Indian Tribe of Michigan Distribution of Judgment Funds Act", 
(b) For purposes of this Act— 
(1) The term "tribe" means the Saginaw Chippewa Indian 
Tribe of Michigan. 
(2) The term "Tribal Council" means the Saginaw Chippewa 
Tribal Council. 
(3) The term "Secretary" means the Secretary of the Interior. 
ABROGATION OF PRIOR PLAN 
SEC. 2. Notwithstanding Public Law 93-134 (25 U.S.C. 1401 et seq.) 
or any plan prepared or regulation promulgated by the Secretary 
pursuant to such law— 
(1) the funds appropriated in satisfaction of judgments 
awarded the tribe in dockets numbered 59 and 13E of the Indian 
Claims Commission, and 
(2) the balance of any undistributed funds appropriated in 
satisfaction of the judgments awarded the tribe in docket num-
bered 57 of the Indian Claims Commission and docket numbered 
13F of the United States Claims Court, 
and any interest or investment income accrued on the amount of 
such funds on or before the date of any transfer made pursuant to 
section 5 or 8 (less any attorneys' fees and court costs), shall be 
distributed and used in accordance with the provisions of this Act. 
INVESTMENT FUND 
SEC. 3. (aXD The tribe, through the Tribal Council, shall establish 
a trust fund for the benefit of the tribe which shall be known as the 
"Investment Fund". The principal of the Investment Fund shall 
consist of— 
(A) the funds transferred by the Secretary to the Tribal 
Council pursuant to section 5(a), 
(B) the amounts required to be included in principal under 
subsection (c) or section 8(c), 
(C) such portion of the funds paid to the Tribal Council under 
section 8(a) as the Tribal Council may elect to add to the 
principal, and 
PUBLIC LAW 99-346—JUNE 30, 1986 
100 STAT. 675 
(D) such other amounts of the income of the Investment Fund 
which the Tribal Council may elect to retain and add to the 
principal. 
(2) The Tribal Council shall be the trustee of the Investment Fund 
and shall administer the Investment Fund in accordance with the 
provisions of this Act. 
(bXD The principal of the Investment Fund shall be used exclu-
sively for investments or expenditures which the Tribal Council 
determines— 
(A) are reasonably related to— 
(i) economic development beneficial to the tribe, (or) 
(ii) the development of tribal resources, or 
(B) are otherwise financially beneficial to the tribe. 
(2) Under no circumstances shall any part of the principal of the 
Investment Fund be distributed in the form of per capita payments 
to the members of the tribe or used or expended for purposes other 
than investment or economic development projects and programs. 
(3) None of the income of the Investment Fund may be distributed 
or expended before the date that is 18 months after the date on 
which the amendments to the constitution of the tribe referred to in 
section 4(a) are adopted and ratified by the qualified voting members 
of the tribe (within the meaning of such constitution). 
(c) At least 10 percent of the income earned on the Investment 
Fund during each of the first 10 fiscal years of the Investment 
Fund beginning after such Investment Fund is established shall be 
retained in the Investment Fund and become part of the principal of 
the Investment Fund. 
(dXD The Investment Fund shall be maintained as a separate book 
account. 
(2) The books and records of the Investment Fund shall be audited 
at least once during each fiscal year of the Investment Fund (or 
before the end of the 3-month period beginning on the l£ist day of 
such fiscal year) by an independent certified public accounting firm 
which shall prepare a report on the results of such audit. Such 
report shall be treated as a public document of the tribe and a copy 
of the report shall be available for inspection by an enrolled member 
of the tribe. 
(eXl) From the funds described in section 2 and transferred to the 
Tribal 0)uncil pursuant to section 5(a), the sum of $1,000,000 shall 
be set aside within 90 days of receipt of such funds by the Tribal 
Council for the express purposes of establishing a separate Elderly 
Assistance Investment Fund. 
(2) Income generated by the Elderly Assistance Investment Fund 
shall be distributed on a per capita basis to each enrolled Tribal 
member who is 50 years of age or older on the date that is 18 months 
after the date on which the amendments to the constitution of the 
tribe referred to in section 4(a) are adopted and ratified by the 
qualified voting members of the tribe. 
(3) Tribal members entitled to participate in the distribution of 
such income shall submit verifiable documentation as to their age to 
the Tribal Council no later than the date that is 3 months after the 
date established pursuant to paragraph (2) of this subsection. The 
Tribal Council shall prepare and certify a list of all Tribal members 
entitled to participate in the distribution of income from the Elderly 
Assistance Investment Fund within 30 days following the above 
date. 
Records. 
Reports. 
Public 
information. 
Aged 
persons. 
100 STAT. 676 
PUBLIC LAW 99-346—JUNE 30, 1986 
(4) Distribution of the income from the Elderly Assistance Invest-
ment Fund shall be made pursuant to the following terms and 
conditions: 
(A) No Tribal member certified to participate shall receive 
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more than the aggregate sum of $3,000 from the income gen-
erated by the Elderly Assistance Investment Fund. 
(B) Payments shall be made to each Tribal member certified 
to participate on an equal pro-rata basis from the available 
income generated by the Elderly Assistance Investment Fund. 
(C) The initial per capita distribution shall be made no sooner 
than the date that is 30 days after the date that the Tribal 
Council certifies the list of eligible Tribal members pursuant to 
paragraph (3) nor no later than 120 days following such date. 
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(E) If succeeding per capita distributions are necessary to 
bring the aggregate payment to each Tribal member certified to 
participate to the sum of $3,000, such distribution shall be made 
on or before the anniversary date of the initial per capita 
distribution. 
(F) If any Tribal member certified to participate should die 
before receiving the initial or any succeeding per capita dis-
tribution, the payment which would have been paid to that 
individual shall be returned to the Elderly Assistance Invest-
ment Fund for distribution in accordance with this subsection. 
(5) When all Tribal members certified to participate in the per 
capita distribution have been paid the aggregate sum of $3,000, the 
principal sum of $1,000,000 together with any remaining interest of 
the Elderly Assistance Investment Fund shall revert back and 
become part of the Investment Fund established pursuant to subsec-
tion (a)(1): Provided, That, nothing in this subsection shall be con-
strued to prevent the Tribal Council from establishing an Elderly 
Assistance Investment Fund or Program providing for per capita 
distributions or other programs for elderly Tribal members from the 
income of the Investment Fund and subject to such terms, condi-
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tions and eligibility criteria as the Tribal Council may provide. 
(6XA) The Elderly Assistance Investment Fund shall be governed 
and subject to the same conditions as provided for in subsections (b) 
and (d) but not the provisions of subsection (c) of this section. 
(B) Any Elderly Assistance Investment Fund or Program which 
may be subsequently established by the Tribal Council shall be 
subject to the terms of this Act except that subsection (e) of this 
section shall not be applicable to such Fund or Program. 
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TRIBAL CONSTITUTION 
SEC. 4. (a) Notwithstanding any other provision of law, the Tribal 
Council may call a tribal election and, pursuant to such election, the 
tribe may adopt (without the approval of the Secretary) any amend-
ments to the constitution of the tribe which were approved by the 
Tribal Council on April 15, 1985, in resolution L and O-03-85. 
Ot)) Any amendments to the constitution of the tribe other than 
the amendments referred to in subsection (a) may only be adopted in 
accordance with the provisions of such constitution and applicable 
Federal law and may not be adopted before the date that is 18 
months after the date on which the amendments referred to in 
subsection (a) are adopted and ratified by the qualified voting 
members of the tribe. 
PUBLIC LAW 99-346—JUNE 30, 1986 
100 STAT. 677 
(c) The adoption of any amendment referred to in subsection (a) to 
the constitution of the tribe shall take effect when such amendment 
is ratified by the qualified voting members of the tribe (within the 
meaning of such constitution). 
(d) The tribe shall submit to the Secretary a copy of any amend-
ment to the constitution of the tribe referred to in subsection (a) 
within 10 days after the date on which such amendment is ratified 
by the qualified voting members of the tribe (within the meaning of 
such constitution). 
TRANSFER OF FUNDS BY THE SECRETARY 
SEC. 5. (a) The Secretary shall transfer the funds described in 
section 2 (which have not previously been transferred to the Tribal 
Council under section 8(a) to the Tribal Council by no later than the 
date that is 60 days after the date on which the Secretary receives 
written notice of the adoption by the Tribal Council (in accordance 
with the constitution and bylaws of the tribe) of a resolution request-
ing the Secretary to make the transfer under this subsection if the 
amendments to the constitution of the tribe referred to in section 
4(a) are adopted and ratified by the qualified voting members of the 
tribe (within the meaning of such constitution). 
(bXD Notwithstanding any other provision of law, the approval of 
the Secretary for any payment or distribution from the principal or 
income of the Investment Fund, after the transfer of funds pursuant 
to subsection (a), shall not be required and the Secretary shall have 
no trust responsibility for the investment, supervision, administra-
tion, or expenditure of the principal or income of the Investment 
Fund. 
(2) The Secretary may take such action as the Secretary may 
determine to be necessary and appropriate to enforce the require-
ments of this Act. After notice and hearing, the Secretary may take 
such action as the Secretary may determine to be necessary and 
appropriate to assume administration of the Investment Fund if it is 
determined that the Tribal Council has materially failed to admin-
ister the Investment Fund in accordance with the requirements of 
this Act. The Secretary shall provide whatever assistance may be 
necessary to the Tribal Council to correct any such deficiencies prior 
to any proposed Secretarial assumption of the administration of the 
Investment Fund and immediately thereafter, if necessary. The 
Secretary's Eissumption of the administration of the Investment 
Fund shall not exceed a period of 6 months. 
TREATMENT OF AMOUNTS PAID OR DISTRIBUTED FROM THE INVESTMENT 
FUND 
SEC. 6. (a) No amount of any payment or distribution— 
Taxes. 
(1) from the principal or income of the Investment Fund, or 
(2) of any funds transferred to the Tribal Council under 
section 8(a) 
to any payee or distributee who is an enrolled member of the tribe 
shall be included in the gross income of the payee or distributee for 
purposes of any Federal, State, or local income tax. 
(b) Any payments or distributions described in subsection (a), and 
the availability of any amount for such payments or distributions, 
shall not be considered as income or resources or otherwise used as 
the basis for denying or reducing— 
100 STAT. 678 
PUBLIC LAW 99-346—JUNE 30, 1986 
(1) any financial assistance or other benefit under the Social 
42 use 1305. 
Security Act— 
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(A) to which any enrolled member of the tribe, or the 
household of any such member, is otherwise entitled, or 
(B) for which such member or household is otherwise 
eligible, or 
(2) any other— 
(A) Federal financial assistance, 
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(B) Federal benefit, or 
(C) benefit under any program funded in whole or in part 
by the Federal Government, 
to which such member or household is otherwise entitled or for 
which such member or household is otherwise eligible. 
WAIVERS OF SOVEREIGN IMMUNITY 
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SEC. 7. Notwithstanding any other provision of law, the tribe may 
execute limited waivers of the sovereign immunity of the tribe and 
consent to the civil jurisdiction of the courts of the State of Michigan 
with regard to the use as security for indebtedness of— 
(1) any amount of income of the Investment Fund which is not 
retained and added to the principal of the Investment Fund 
pursuant to subsection (a)(1)(D) or (c) of section 3, 
(2) a portion of the principal of the Investment Fund equal to 
the total amount, if any, of the funds transferred to the Tribal 
Council under section 8(a) that are added to the principal of the 
Investment Fund, 
(3) any funds transferred to the Tribal Council under section 
8(a) that are not added to the principal of the Investment Fund 
and any interest or investment income accrued on such funds, 
or 
(4) any asset acquired by use of the income described in 
paragraph (1), or of the funds described in paragraph (3), which 
is not held in trust by the Secretary for the benefit of the tribe, 
if such waivers of sovereign immunity do not exceed individually or 
collectively the total amount or value of such security and such 
waivers specifically identify and limit the parties who have been 
granted the authority to bring an action against the tribe pursuant 
to such waiver. 
OPTIONAL USE OF DOCKET 57 FUNDS 
SEC. 8. (a) The Secretary shall transfer to the Tribal Council all or 
any portion of the undistributed funds appropriated in satisfaction 
of the judgment awarded the tribe in docket 57 of the Indian Claims 
Commission (including all interest and investment income accrued 
e: 
on such funds) which the tribe requests the Secretary to transfer 
under this subsection. Such transfer shall be made by no later than 
the date that is 60 days after the date on which the Secretary 
receives written notice of the adoption of a resolution by the Tribal 
Council (in accordance with the Constitution and bylaws of the tribe) 
requesting a transfer of funds under this subsection. 
(b) Any funds transferred to the Tribal Council under subsection 
(a) shall be subject to the same accounting and auditing require-
ments applicable to the Investment Fund under section 3(d). 
(c) At least 10 percent of the interest or investment income, if any, 
that accrues during each year of the 10-year period beginning on the 
PUBLIC LAW 99-346—JUNE 30, 1986 
100 STAT. 679 
date any transfer is made under subsection (a) on any funds held by, 
or on behalf of, the tribe which were transferred to the Tribal 
Council under subsection (a) shall be transferred to the Investment 
Fund and become part of the principal of the Investment Fund. 
NONDISCRIMINATION 
SEC. 9. (a) Any distribution or expenditure or the income of the 
Investment Fund, and any program or activity funded, in whole or 
in part, by the principal or income of the Investment Fund, shall not 
discriminate against— 
(1) individuals who become members of the tribe after the 
date on which the amendments to the constitution of the tribe 
referred to in section 4(a) are adopted and ratified by the 
qualified voting members of the tribe (within the meaning of 
such constitution), or 
(2) members of the tribe who do not reside on the reservation 
of the tribe. 
(b)Any-
(1) expenditure for any improvement on the reservation of the 
tribe that can be enjoyed by all members of the tribe, or 
(2) program or activity conducted only on the reservation of 
the tribe in which any member of the tribe can participate, 
shall not be construed to be discriminatory for purposes of subsec-
tion (a) merely because the benefits of such improvement, program, 
or activity are more readily available to members of the tribe who 
reside on the reservation of the tribe. 
Approved June 30, 1986. 
LEGISLATIVE HISTORY—S. 1106: 
HOUSE REPORT No. 99-502 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 99-119 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): July 31, considered and passed Senate. 
Vol. 132 (1986): June 10, considered and passed House, amended. 
June 16, Senate concurred in House amendment.