A bill for the relief of the Coushatta Tribe of Louisiana.
PL 100-411 (H.R.3617), enacted 08/22/1988

PUBLIC LAW 100-411-AUG. 22, 1988 
102 STAT. 1097 
Public Law 100-411 
100th Congress 
An Act 
To settle certain land claims of the Coushatta Tribe of Louisiana against the United 
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„„ ^ QQJ. 
States, to authorize the use and distribution of the settlement funds, and for other 
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purposes. 
[H.R. 3617] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SETTLEMENT PAYMENT. 
(a)(1) The Secretary of the Treasury is authorized and directed to 
pay to the Secretary of the Interior (hereinafter referred to as the 
"Secretary") for the benefit of the Coushatta Tribe of Louisiana 
(hereinafter referred to as the "Tribe"), out of any money in the 
Treasury not otherwise appropriated, the sum of $1,300,000. 
(2) Such sum represents the value of a settlement reached be-
tween the Tribe and the United States in a dispute over the un-
compensated taking by the United States of land owned or occupied 
by the Tribe or its historical predecessor-in-interest in the 19th 
Century. 
(b) The payment of such sum shall be in full settlement of, and 
shall finally dispose of, all rights, claims or demands which the 
Tribe has asserted, or could have asserted, against the United States 
under the provisions of the Act of August 13, 1946 (60 Stat. 1049). 
(c) Upon payment of the funds as provided in subsection (a), the 
Secretary shall hold, manage and invest such funds, less— 
(1) the amount paid to the Tribe pursuant to section 2(b), and 
(2) any amount paid as attorney fees or expenses pursuant to 
section 4, as tribal trust funds until disposed of as provided by 
section 2 of this Act. 
SEC. 2. USE AND DISTRIBUTION OF FUNDS. 
(a) All available funds invested by the Secretary pursuant to 
section 1 plus all accrued interest or income, less the amount 
reserved for tribal organization pursuant to section 4, shall be 
distributed as provided in this section. 
(b)(1) The Tribe, with the assistance and approval of the Secretary, 
shall develop a plan for the use and distribution of the funds held by 
the Secretary pursuant to section 1. 
(2) Upon payment by the Secretary of the Treasury of the amount 
provided in section 1, the Secretary shall, prior to investing such 
funds, immediately make available to the Tribe 3 per centum of 
such funds to assist the Tribe in developing such plan and shall 
render such other advice and assistance as the Tribe may require. 
(c) Prior to approving a plan submitted pursuant to subsection (b), 
the Secretary shall be assured that— 
(1) tribal members were reasonably consulted during the 
development of the plan; and 
(2) the plan complies with paragraphs (3), (5), and (6) of section 
3(b) of the Act of October 19, 1973 (25 U.S.C. 1403). 
102 STAT. 1098 
PUBLIC LAW 100-411—AUG. 22, 1988 
Federal 
Register, 
publication. 
(d)(1) In the event that the plan provides for the per capita 
distribution of any portion of the funds to the members of the Tribe, 
such per capita payments shall be made as provided in this subsec-
tion. 
Records. 
(2)(A) Within one hundred and eighty days after the approval, by 
the Secretary, of a plan for the use and distribution of funds as 
provided in subsection (c), the Secretary shall prepare a roll of all 
persons who— 
(i) were born on or prior to and living on the date of enact-
ment of this Act, 
(ii) are persons— 
(I) on the roll prepared by the Tribe which is on file with 
the Office of the Assistant Secretary of the Interior for 
Indian Affairs, or 
(II) who can show, by evidence satisfactory to the Sec-
retary, that such person is at least one-fourth degree of 
Coushatta Tribe of Louisiana blood, and 
(iii) are not enrolled with any other Indian tribe. 
(B)(i) Within thirty days after the date of the Secretarial approval 
of a plan, the Secretary shall publish in the Federal Register a 
notice of the right of persons to apply for enrollment under subpara-
graph (A)(i)(II) of this paragraph and shall, contemporaneously, 
publish such notice in an appropriate newspaper or newspapers of 
general circulation, including those in the parish within which the 
Tribe is located. 
(ii) Applications submitted for enrollment pursuant to subpara-
graph (A)(i)(II) must be submitted within ninety days after the 
publication of the notice in the Federal Register as required by this 
subparagraph. 
(C) The determination of the Secretary of the eligibility of an 
applicant under subparagraph (A)(i)(II) of this paragraph for enroll-
ment under this subsection shall be final. 
(3)(A) Upon final approval of the roll by the Secretary, the funds 
provided for per capita payments under the plan adopted pursuant 
to this section shall be paid in equal shares to persons on such roll. 
(B) Payments made pursuant to this paragraph shall be subject to 
the provisions of section 7 of the Act of October 19, 1973 (25 U.S.C. 
1407). 
SEC. 3. ATTORNEY FEES. 
Not more than 10 per centum of the payment specified in section 
1(a) shall be paid to, or received by, any agent or attorney as 
consideration for any services rendered in connection with such 
Law 
payment, any contract to the contrary notwithstanding. Violation of 
enforcement and this section shall be deemed a misdemeanor punishable by a fine of 
crime. 
not more than $1,000. 
SEC. 4. TRIBAL ORGANIZATION. 
(a) The provisions of the Act of June 18,1934 (25 U.S.C. 461 et seq.) 
are made applicable to the Coushatta Tribe of Louisiana and the 
Tribe is authorized to organize under section 16 of such Act. 
(b) For the purpose of such organization, the base roll of the Tribe 
shall be the roll established pursuant to section 2(d) of this Act. 
(c)(1) The Secretary shall reserve, for a period of three years, from 
the funds authorized to be distributed pursuant to section 2 an 
amount equal to 5 per centum of such funds. 
PUBLIC LAW 100-411—AUG. 22, 1988 
102 STAT. 1099 
(2) Upon notification by the Tribe of its intent to organize under 
this section and upon the request of the Tribe, the Secretary shall 
disburse to the Tribe the amount reserved pursuant to this subsec-
tion, plus any accrued interest or income, for purposes of assisting 
the Tribe in its organizational efforts. 
(3) If the Tribe has not requested such funds for organizational 
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purposes by the end of such three year period, the Secretary shall 
disburse the funds to the Tribe for such purposes as it may desire. 
Approved August 22, 1988. 
LEGISLATIVE HISTORY—H.R. 3617: 
HOUSE REPORTS: No. 100-565, Pt. 1 (Comm. on the Judiciary) and Ft. 2 (Ck)mm. on 
Interior and Insular Affairs). 
SENATE REPORTS: No. 100-478 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 13, considered and passed House. 
Aug. 11, considered and passed Senate.