Gila River Indian Community Judgment Fund Distribution Act of 2003
PL 108-22 (S.162), enacted 05/14/2003

117 STAT. 696
PUBLIC LAW 108–22—MAY 14, 2003
Public Law 108–22
108th Congress
An Act
To provide for the use and distribution of certain funds awarded to the Gila
River Pima-Maricopa Indian Community, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Gila River
Indian Community Judgment Fund Distribution Act of 2003’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—GILA RIVER JUDGMENT FUND DISTRIBUTION
Sec. 101. Distribution of judgment funds.
Sec. 102. Responsibility of Secretary; applicable law.
TITLE II—CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND
PLANS
Sec. 201. Plan for use and distribution of judgment funds awarded in Docket No.
228.
Sec. 202. Plan for use and distribution of judgment funds awarded in Docket No.
236–N.
TITLE III—EXPERT ASSISTANCE LOANS
Sec. 301. Waiver of repayment of expert assistance loans to Gila River Indian Com-
munity.
SEC. 2. FINDINGS.
Congress finds that—
(1) on August 8, 1951, the Gila River Indian Community
filed a complaint before the Indian Claims Commission in Gila
River Pima-Maricopa Indian Community v. United States,
Docket No. 236, for the failure of the United States to carry
out its obligation to protect the use by the Community of
water from the Gila River and the Salt River in the State
of Arizona;
(2) except for Docket Nos. 236–C and 236–D, which remain
undistributed, all 14 original dockets under Docket No. 236
have been resolved and distributed;
(3) in Gila River Pima-Maricopa Indian Community v.
United States, 29 Ind. Cl. Comm. 144 (1972), the Indian Claims
Commission held that the United States, as trustee, was liable
to the Community with respect to the claims made in Docket
No. 236–C;
Gila River Indian
Community
Judgment Fund
Distribution Act
of 2003.
Arizona.
May 14, 2003
[S. 162]
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117 STAT. 697
PUBLIC LAW 108–22—MAY 14, 2003
(4) in Gila River Pima-Maricopa Indian Community v.
United States, 684 F.2d 852 (1982), the United States Claims
Court held that the United States, as trustee, was liable to
the Community with respect to the claims made in Docket
No. 236–D;
(5) with the approval of the Community under Community
Resolution GR–98–98, the Community entered into a settlement
with the United States on April 27, 1999, for claims made
under Docket Nos. 236–C and 236–D for an aggregate total
of $7,000,000;
(6) on May 3, 1999, the United States Court of Federal
Claims ordered that a final judgment be entered in consolidated
Docket Nos. 236–C and 236–D for $7,000,000 in favor of the
Community and against the United States;
(7)(A) on October 6, 1999, the Department of the Treasury
certified the payment of $7,000,000, less attorney fees, to be
deposited in a trust account on behalf of the Community; and
(B) that payment was deposited in a trust account managed
by the Office of Trust Funds Management of the Department
of the Interior; and
(8) in accordance with the Indian Tribal Judgment Funds
Use or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary
is required to submit an Indian judgment fund use or distribu-
tion plan to Congress for approval.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADULT.—The term ‘‘adult’’ means an individual who—
(A) is 18 years of age or older as of the date on
which the payment roll is approved by the Community;
or
(B) will reach 18 years of age not later than 30 days
after the date on which the payment roll is approved by
the Community.
(2) COMMUNITY.—The term ‘‘Community’’ means the Gila
River Indian Community.
(3) COMMUNITY-OWNED
FUNDS.—The term ‘‘Community-
owned funds’’ means—
(A) funds held in trust by the Secretary as of the
date of enactment of this Act that may be made available
to make payments under section 101; or
(B) revenues held by the Community that—
(i) are derived from trust resources; and
(ii) qualify for an exemption under section 7 or
8 of the Indian Tribal Judgment Funds Use or Distribu-
tion Act (25 U.S.C. 1407, 1408).
(4) IIM ACCOUNT.—The term ‘‘IIM account’’ means an indi-
vidual Indian money account.
(5) JUDGMENT FUNDS.—The term ‘‘judgment funds’’ means
the aggregate amount awarded to the Community by the Court
of Federal Claims in Docket Nos. 236–C and 236–D.
(6) LEGALLY INCOMPETENT INDIVIDUAL.—The term ‘‘legally
incompetent individual’’ means an individual who has been
determined to be incapable of managing his or her own affairs
by a court of competent jurisdiction.
(7) MINOR.—The term ‘‘minor’’ means an individual who
is not an adult.
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117 STAT. 698
PUBLIC LAW 108–22—MAY 14, 2003
(8) PAYMENT ROLL.—The term ‘‘payment roll’’ means the
list of eligible, enrolled members of the Community who are
eligible to receive a payment under section 101(a), as prepared
by the Community under section 101(b).
(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
TITLE I—GILA RIVER JUDGMENT FUND
DISTRIBUTION
SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS.
(a) PER CAPITA PAYMENTS.—Notwithstanding the Indian Tribal
Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.)
or any other provision of law (including any regulation promulgated
or plan developed under such a law), the amounts paid in satisfac-
tion of an award granted to the Gila River Indian Community
in Docket Nos. 236–C and 236–D before the United States Court
of Federal Claims, less attorney fees and litigation expenses and
including all accrued interest, shall be distributed in the form
of per capita payments (in amounts as equal as practicable) to
all eligible enrolled members of the Community.
(b) PREPARATION OF PAYMENT ROLL.—
(1) IN GENERAL.—The Community shall prepare a payment
roll of eligible, enrolled members of the Community that are
eligible to receive payments under this section in accordance
with the criteria described in paragraph (2).
(2) CRITERIA.—
(A) INDIVIDUALS ELIGIBLE TO RECEIVE PAYMENTS.—Sub-
ject to subparagraph (B), the following individuals shall
be eligible to be listed on the payment roll and eligible
to receive a per capita payment under subsection (a):
(i) All enrolled Community members who are
eligible to be listed on the per capita payment roll
that was approved by the Secretary for the distribution
of the funds awarded to the Community in Docket
No. 236–N (including any individual who was inadvert-
ently omitted from that roll).
(ii) All enrolled Community members who are
living on the date of enactment of this Act.
(iii) All enrolled Community members who died—
(I) after the effective date of the payment plan
for Docket No. 236–N; but
(II) on or before the date of enactment of this
Act.
(B) INDIVIDUALS INELIGIBLE TO RECEIVE PAYMENTS.—
The following individuals shall be ineligible to be listed
on the payment roll and ineligible to receive a per capita
payment under subsection (a):
(i) Any individual who, before the date on which
the Community approves the payment roll, relin-
quished membership in the Community.
(ii) Any minor who relinquishes membership in
the Community, or whose parent or legal guardian
relinquishes membership on behalf of the minor, before
the date on which the minor reaches 18 years of age.
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117 STAT. 699
PUBLIC LAW 108–22—MAY 14, 2003
(iii) Any individual who is disenrolled by the
Community for just cause (such as dual enrollment
or failure to meet the eligibility requirements for enroll-
ment).
(iv) Any individual who is determined or certified
by the Secretary to be eligible to receive a per capita
payment of funds relating to a judgment—
(I) awarded to another community, Indian
tribe, or tribal entity; and
(II) appropriated on or before the date of enact-
ment of this Act.
(v) Any individual who is not enrolled as a member
of the Community on or before the date that is 90
days after the date of enactment of this Act.
(c) NOTICE TO SECRETARY.—On approval by the Community
of the payment roll, the Community shall submit to the Secretary
a notice that indicates the total number of individuals eligible
to share in the per capita distribution under subsection (a), as
expressed in subdivisions that reflect—
(1) the number of shares that are attributable to eligible
living adult Community members; and
(2) the number of shares that are attributable to deceased
individuals, legally incompetent individuals, and minors.
(d) INFORMATION PROVIDED TO SECRETARY.—The Community
shall provide to the Secretary enrollment information necessary
to allow the Secretary to establish—
(1) estate accounts for deceased individuals described in
subsection (c)(2); and
(2) IIM accounts for legally incompetent individuals and
minors described in subsection (c)(2).
(e) DISBURSEMENT OF FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
on which the payment roll is approved by the Community
and the Community has reconciled the number of shares that
belong in each payment subdivision described in subsection
(c), the Secretary shall disburse to the Community the funds
necessary to make the per capita distribution under subsection
(a) to eligible living adult members of the Community described
in subsection (c)(1).
(2) ADMINISTRATION AND DISTRIBUTION.—On disbursement
of the funds under paragraph (1), the Community shall bear
sole responsibility for administration and distribution of the
funds.
(f) SHARES OF DECEASED INDIVIDUALS.—
(1) IN GENERAL.—The Secretary, in accordance with regula-
tions promulgated by the Secretary and in effect as of the
date of enactment of this Act, shall distribute to the appropriate
heirs and legatees of deceased individuals described in sub-
section (c)(2) the per capita shares of those deceased individuals.
(2) ABSENCE OF HEIRS AND LEGATEES.—If the Secretary
and the Community make a final determination that a deceased
individual described in subsection (c)(2) has no heirs or legatees,
the per capita share of the deceased individual and the interest
earned on that share shall—
(A) revert to the Community; and
(B) be deposited into the general fund of the Commu-
nity.
Regulations.
Deadline.
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117 STAT. 700
PUBLIC LAW 108–22—MAY 14, 2003
(g) SHARES OF LEGALLY INCOMPETENT INDIVIDUALS.—
(1) IN GENERAL.—The Secretary shall deposit the shares
of legally incompetent individuals described in subsection (c)(2)
in supervised IIM accounts.
(2) ADMINISTRATION.—The IIM accounts described in para-
graph (1) shall be administered in accordance with regulations
and procedures established by the Secretary and in effect as
of the date of enactment of this Act.
(h) SHARES OF MINORS.—
(1) IN GENERAL.—The Secretary shall deposit the shares
of minors described in subsection (c)(2) in supervised IIM
accounts.
(2) ADMINISTRATION.—
(A) IN
GENERAL.—The Secretary shall hold the per
capita share of a minor described in subsection (c)(2) in
trust until such date as the minor reaches 18 years of
age.
(B) NONAPPLICABLE LAW.—Section 3(b)(3) of the Indian
Tribal Judgment Funds Use or Distribution Act (25 U.S.C.
1403(b)(3)) shall not apply to any per capita share of a
minor that is held by the Secretary under this Act.
(C) DISBURSEMENT.—No judgment funds, nor any
interest earned on judgment funds, shall be disbursed from
the account of a minor described in subsection (c)(2) until
such date as the minor reaches 18 years of age.
(i) PAYMENT OF ELIGIBLE INDIVIDUALS NOT LISTED ON PAYMENT
ROLL.—
(1) IN GENERAL.—An individual who is not listed on the
payment roll, but is eligible to receive a payment under this
Act, as determined by the Community, may be paid from any
remaining judgment funds after the date on which—
(A) the Community makes the per capita distribution
under subsection (a); and
(B) all appropriate IIM accounts are established under
subsections (g) and (h).
(2) INSUFFICIENT FUNDS.—If insufficient judgment funds
remain to cover the cost of a payment described in paragraph
(1), the Community may use Community-owned funds to make
the payment.
(3) MINORS, 
LEGALLY
INCOMPETENT
INDIVIDUALS, 
AND
DECEASED
INDIVIDUALS.—In a case in which a payment
described in paragraph (2) is to be made to a minor, a legally
incompetent 
individual, 
or 
a 
deceased 
individual, 
the
Secretary—
(A) is authorized to accept and deposit funds from
the payment in an IIM account or estate account estab-
lished for the minor, legally incompetent individual, or
deceased individual; and
(B) shall invest those funds in accordance with
applicable law.
(j) USE OF RESIDUAL FUNDS.—On request by the governing
body of the Community to the Secretary, and after passage by
the governing body of the Community of a tribal council resolution
affirming the intention of the governing body to have judgment
funds disbursed to, and deposited in the general fund of, the
Community, any judgment funds remaining after the date on which
Regulations.
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117 STAT. 701
PUBLIC LAW 108–22—MAY 14, 2003
the Community completes the per capita distribution under sub-
section (a) and makes any appropriate payments under subsection
(i) shall be disbursed to, and deposited in the general fund of,
the Community.
(k) REVERSION OF PER CAPITA SHARES TO TRIBAL OWNERSHIP.—
(1) IN GENERAL.—In accordance with the first section of
Public Law 87–283 (25 U.S.C. 164), the share for an individual
eligible to receive a per capita share under subsection (a) that
is held in trust by the Secretary, and any interest earned
on that share, shall be restored to Community ownership if,
for any reason—
(A) subject to subsection (i), the share cannot be paid
to the individual entitled to receive the share; and
(B) the share remains unclaimed for the 6-year period
beginning on the date on which the individual became
eligible to receive the share.
(2) REQUEST
BY
COMMUNITY.—In accordance with sub-
section (j), the Community may request that unclaimed funds
described in paragraph (1)(B) be disbursed to, and deposited
in the general fund of, the Community.
SEC. 102. RESPONSIBILITY OF SECRETARY; APPLICABLE LAW.
(a) RESPONSIBILITY FOR FUNDS.—After the date on which funds
are disbursed to the Community under section 101(e)(1), the United
States and the Secretary shall have no trust responsibility for
the investment, supervision, administration, or expenditure of the
funds disbursed.
(b) DECEASED AND LEGALLY INCOMPETENT INDIVIDUALS.—Funds
subject to subsections (f) and (g) of section 101 shall continue
to be held in trust by the Secretary until the date on which those
funds are disbursed under this Act.
(c) APPLICABILITY OF OTHER LAW.—Except as otherwise pro-
vided in this Act, all funds distributed under this Act shall be
subject to sections 7 and 8 of the Indian Tribal Judgment Funds
Use or Distribution Act (25 U.S.C. 1407, 1408).
TITLE II—CONDITIONS RELATING TO
COMMUNITY JUDGMENT FUND PLANS
SEC. 201. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS
AWARDED IN DOCKET NO. 228.
(a) DEFINITION OF PLAN.—In this section, the term ‘‘plan’’ means
the plan for the use and distribution of judgment funds awarded
to the Community in Docket No. 228 of the United States Claims
Court (52 Fed. Reg. 6887 (March 5, 1987)), as modified in accordance
with Public Law 99–493 (100 Stat. 1241).
(b) CONDITIONS.—Notwithstanding any other provision of law,
the Community shall modify the plan to include the following
conditions with respect to funds distributed under the plan:
(1) APPLICABILITY OF OTHER LAW RELATING TO MINORS.—
Section 3(b)(3) of the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to any
per capita share of a minor that is held, as of the date of
enactment of this Act, by the Secretary.
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117 STAT. 702
PUBLIC LAW 108–22—MAY 14, 2003
(2) SHARE OF MINORS IN TRUST.—The Secretary shall hold
a per capita share of a minor described in paragraph (1) in
trust until such date as the minor reaches 18 years of age.
(3) DISBURSAL OF FUNDS FOR MINORS.—No judgment funds,
nor any interest earned on judgment funds, shall be disbursed
from the account of a minor described in paragraph (1) until
such date as the minor reaches 18 years of age.
(4) USE OF REMAINING JUDGMENT FUNDS.—On request by
the governing body of the Community, as manifested by the
appropriate tribal council resolution, any judgment funds
remaining after the date of completion of the per capita dis-
tribution under section 101(a) shall be disbursed to, and depos-
ited in the general fund of, the Community.
SEC. 202. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS
AWARDED IN DOCKET NO. 236–N.
(a) DEFINITION OF PLAN.—In this section, the term ‘‘plan’’ means
the plan for the use and distribution of judgment funds awarded
to the Community in Docket No. 236–N of the United States Court
of Federal Claims (59 Fed. Reg. 31092 (June 16, 1994)).
(b) CONDITIONS.—
(1) PER CAPITA ASPECT.—Notwithstanding any other provi-
sion of law, the Community shall modify the last sentence
of the paragraph under the heading ‘‘Per Capita Aspect’’ in
the plan to read as follows: ‘‘Upon request from the Community,
any residual principal and interest funds remaining after the
Community has declared the per capita distribution complete
shall be disbursed to, and deposited in the general fund of,
the Community.’’.
(2) GENERAL
PROVISIONS.—Notwithstanding any other
provision of law, the Community shall—
(A) modify the third sentence of the first paragraph
under the heading ‘‘General Provisions’’ of the plan to
strike the word ‘‘minors’’; and
(B) insert between the first and second paragraphs
under that heading the following:
‘‘Section 3(b)(3) of the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to any
per capita share of a minor that is held, as of the date of
enactment of the Gila River Indian Community Judgment Fund
Distribution Act of 2003, by the Secretary. The Secretary shall
hold a per capita share of a minor in trust until such date
as the minor reaches 18 years of age. No judgment funds,
or any interest earned on judgment funds, shall be disbursed
from the account of a minor until such date as the minor
reaches 18 years of age.’’.
TITLE III—EXPERT ASSISTANCE LOANS
SEC. 301. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO
GILA RIVER INDIAN COMMUNITY.
Notwithstanding any other provision of law—
(1) the balance of all outstanding expert assistance loans
made to the Community under Public Law 88–168 (77 Stat.
301) and relating to Gila River Indian Community v. United
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117 STAT. 703
PUBLIC LAW 108–22—MAY 14, 2003
LEGISLATIVE HISTORY—S. 162:
SENATE REPORTS: No. 108–17 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Mar. 13, considered and passed Senate.
Apr. 29, considered and passed House.
States (United States Court of Federal Claims Docket Nos.
228 and 236 and associated subdockets) are canceled; and
(2) the Secretary shall take such action as is necessary—
(A) to document the cancellation of loans under para-
graph (1); and
(B) to release the Community from any liability associ-
ated with those loans.
Approved May 14, 2003.
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