Michigan Indian Land Claims Settlement Act
PL 105-143 (H.R.1604), enacted 12/15/1997

Ill STAT. 2652 
PUBLIC LAW 105-143—DEC. 15, 1997 
Public Law 105-143 
105th Congress 
An Act 
n 
Ti 1Q97 
'^^ provide for the division, use, and distribution of judgment funds of the Ottawa 
——'• 
and Chippewa Indians of Michigan pursuant to dockets numbered 18-E, 58, 
[H.R. 1604] 
364, and 18-R before the Indian Claims Commission. 
Be it enacted by the Senate and House of Representatives 
of 
Michigan Indian 
the United States of America in Congress assembled, 
Land Claims 
Settlement Act. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Michigan Indian Land Claims 
Settlement Act". 
TITLE I—DIVISION, USE, AND DISTRIBU-
TION OF JUDGMENT FUNDS OF THE 
OTTAWA AND CHIPPEWA INDIANS OF 
MICHIGAN 
SEC. 101. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
TITLE I—DIVISION, USE, AND DISTRIBUTION OF JUDGMENT FUNDS OF 
THE OTTAWA AND CHIPPEWA INDIANS OF MICHIGAN 
Sec. 101. Table of contents. 
Sec. 102. Findings; purpose. 
Sec. 103. Definitions. 
Sec. 104. Division of funds. 
Sec. 105. Development of tribal plans for use or distribution of funds. 
Sec. 106. Preparation of judgment distribution roll of descendants. 
Sec. 107. Plan for use and distribution of Bay Mills Indian Community funds. 
Sec. 108. Plan for use of Sault Ste. Marie Tribe of Chippewa Indians of Michigan 
funds. 
Sec. 109. Plan for use of Grand Traverse Band of Ottawa and Chippewa Indians 
of Michigan funds. 
Sec. 110. Payment to newly recognized or reaffirmed tribes. 
Sec. 111. Treatment of funds in relation to other laws. 
Sec. 112. Treaties not affected. 
TITLE II—LIMITATION ON HEALTH CARE CONTRACTS AND COMPACTS 
FOR THE KETCHIKAN GATEWAY BOROUGH 
Sec. 201. Findings. 
Sec. 202. Definitions. 
Sec. 203. Limitation. 
PUBLIC LAW 105-143—DEC. 15, 1997 
111 STAT. 2653 
SEC. 102. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) Judgments were rendered in the Indian Claims Commis-
sion in dockets numbered 18-E, 58, and 364 in favor of the 
Ottawa and Chippewa Indians of Michigan and in docket num-
bered 18-R in favor of the Sault Ste. Marie Band of Chippewa 
Indians. 
(2) The funds Congress appropriated to pay these judg-
ments have been held by the Department of the Interior for 
the beneficiaries pending a division of the funds among the 
beneficiaries in a manner acceptable to the tribes and 
descendency group and pending development of plans for the 
use and distribution of the respective tribes' share. 
(3) The 1836 treaty negotiations show that the United 
States concluded negotiations with the Chippewa concerning 
the cession of the upper peninsula and with the Ottawa with 
respect to the lower peninsula. 
(4) A number of sites in both areas were used by both 
the Ottawa and Chippewa Indians. The Ottawa and Chippewa 
Indians were intermarried and there were villages composed 
of members of both tribes. 
(b) PURPOSE.—It is the purpose of this title to provide for 
the fair and equitable division of the judgment funds among the 
beneficiaries and to provide the opportunity for the tribes to develop 
plans for the use or distribution of their share of the funds. 
SEC. 103. DEFINITIONS. 
For purposes of this title the following definitions apply: 
(1) The term "judgment funds" means funds appropriated 
in full satisfaction of judgments made in the Indian Claims 
Commission— 
(A) reduced by an amount for attorneys fees and 
litigation expenses; and 
(B) increased by the eimount of any interest accrued 
with respect to such funds. 
(2) The term "dockets 18-E and 58 judgment funds" means 
judgment funds awarded in dockets numbered 18-E and 58 
in favor of the Ottawa and Chippewa Indians of Michigan. 
(3) The term "docket 364 judgment funds" means the judg-
ment funds awarded in docket numbered 364 in favor of the 
Ottawa and Chippewa Indians of Michigan. 
(4) The term "docket 18-R judgment funds" means the 
judgment funds awarded in docket numbered 18-R in favor 
of the Sault Ste. Marie Band of Chippewa Indians. 
(5) The term "judgment distribution roll of descendants" 
means the roll prepared pursuant to section 106. 
(6) The term "Secretary means the Secretary of the 
Interior. 
SEC. 104. DIVISION OF FUNDS. 
(a) DOCKET 18-E AND 58 JUDGMENT FUNDS.—The Secretary 
shall divide the docket 18-E and 58 judgment funds as follows: 
(1) The lesser of 13.5 percent and $9,253,104.47, and addi-
tional funds as described in this section, for newly recognized 
or reaffirmed tribes described in section 110 and eligible 
individuals on the judgment distribution roll of descendants. 
I l l STAT. 2654 
PUBLIC LAW 105-143—DEC. 15, 1997 
(2) 34.6 percent to the Sault Ste. Marie Tribe of Chippewa 
Indians of Michigan and the Bay Mills Indian Community, 
of which— 
(A) the lesser of 35 percent of the principal and interest 
as of December 31, 1996, and $8,313,877 shall be for the 
Bay Mills Indian Community; and 
(B) the remaining amount (less $161,723.89 which shall 
be added to the funds described in paragraph (1)) shall 
be for the Sault Ste. Marie Tribe of Chippewa Indians 
of Michigan. 
(3) 17.3 percent (less $161,723.89 which shall be added 
to the funds described in paragraph (1)) to the Grand Traverse 
Band of Ottawa and Chippewa Indians of Michigan. 
(4) 17.3 percent (less $161,723.89 which shall be added 
to the funds described in paragraph (1)) to the Little Traverse 
Bay Bands of Odawa Indians of Michigan. 
(5) 17.3 percent (less $161,723.89 which shall be added 
to the funds described in paragraph (1)) to the Little River 
Band of Ottawa Indians of Michigan. 
(6) Any funds remaining after distribution pursuant to 
paragraphs (1) through (5) shall be divided and distributed 
to each of the recognized tribes listed in this subsection in 
an amount which bears the same ratio to the amount so divided 
and distributed as the distribution of judgment funds pursuant 
to each of paragraphs (2) through (5) bears to the total distribu-
tion under all such paragraphs. 
(b) DOCKET 364 JUDGMENT FUNDS.—The Secretary shall divide 
the docket 364 judgment funds as follows: 
(1) The lesser of 20 percent and $28,026.79 for newly recog-
nized or reaffirmed tribes described in section 110 and eligible 
individuals on the judgment distribution roll of descendants. 
(2) 32 percent to the Sault Ste. Marie Tribe of Chippewa 
Indians of Michigan and the Bay Mills Indian Community, 
of which— 
(A) 35 percent shall be for the Bay Mills Indian 
Community; and 
(B) the remaining amount shall be for the Sault Ste. 
Marie Tribe of Chippewa Indians of Michigan. 
(3) 16 percent to the Grand Traverse Band of Ottawa 
and Chippewa Indians of Michigan. 
(4) 16 percent to the Little Traverse Bay Bands of Odawa 
Indians of Michigan. 
(5) 16 percent to the Little River Band of Ottawa Indians 
of Michigan. 
(6) Any funds remaining after distribution pursuant to 
paragraphs (1) through (5) shall be divided and distributed 
to each of the recognized tribes listed in this subsection in 
an amount which bears the same ratio to the amount so divided 
and distributed as the distribution of judgment funds pursuant 
to each of paragraphs (2) through (5) bears to the total distribu-
tion under all such paragraphs. 
(c) DOCKET 18-R JUDGMENT FUNDS.—The Secretary shall divide 
the docket 18-R judgment funds as follows: 
(1) 65 percent to the Sault Ste. Marie Tribe of Chippewa 
Indians of Michigan. 
(2) 35 percent to the Bay Mills Indian Community. 
PUBLIC LAW 105-143—DEC. 15, 1997 
111 STAT. 2655 
(d) AMOUNTS FOR NEWLY RECOGNIZED OR REAFFIRMED TRIBES 
O
R 
INDIVIDUALS ON THE JUDGMENT DISTRIBUTION ROLL OF 
DESCENDANTS HELD IN TRUST.—Pending distribution under this 
title to newly recognized or reaffirmed tribes described in section 
110 or individuals on the judgment distribution roll of descendants, 
the Secretary shall hold amounts referred to in subsections (a)(1) 
and (b)(1) in trust. 
SEC. 105. DEVELOPMENT OF TRIBAL PLANS FOR USE OR DISTRIBU-
TION OF FUNDS. 
(a) DISBURSEMENT OF FUNDS.—(1) Except as provided in para-
graphs (2), (3), and (4), the Secretary shall disburse each tribe's 
respective share of the judgment funds described in subsections 
(a), (b), and (c) of section 104 not later than 30 days after a 
plan for use and distribution of such funds has been approved 
in accordance with this section. Disbursement of a tribe's share 
shall not be dependent upon approval of any other tribe's plan. 
(2) Section 107 shall be the plan for use and distribution 
of the judgment funds described in subsections (a)(2)(A), (b)(2)(A), 
and (c)(2) of section 104. Such plan shall be approved upon the 
enactment of this Act and such funds shall be distributed by the 
Secretary to the Bay Mills Indian Community not later than 90 
days after the date of the enactment of this Act to be used and 
distributed in accordsmce with section 107. 
(3) Section 108 shall be the plan for use and distribution 
of the judgment funds described in subsections (a)(2)(B), (b)(2)(B), 
and (c)(1) of section 104. Such plan shall be approved upon the 
enactment of this Act and such funds shall be distributed by the 
Secretary to the Sault Ste. Marie Tribe of Chippewa Indians of 
Michigan not later than 90 days after the date of the enactment 
of this Act to be used and distributed in accordance with section 
108. 
(4) Section 109 shall be the plan for use and distribution 
of the judgment funds described in subsections (a)(3) and (b)(3) 
of section 104. Such plan shall be approved upon the enactment 
of this Act and such funds shall be distributed by the Secretary 
to the Grand Traverse Band of Ottawa and Chippewa Indians 
of Michigan, not later than 90 days after the date of the enactment 
of this Act to be used and distributed in accordance with section 
109. 
(b) APPROVAL OR COMMENT OF SECRETARY.—(1) Except as other-
wise provided in this title, each tribe shall develop a plan for 
the use and distribution of its respective share of the judgment 
funds. The tribe shall hold a hearing or general membership meet-
ing on its proposed plan. The tribe shall submit to the Secretary 
its plan together with an accompanjring resolution of its governing 
body accepting such plan, a transcript of its hearings or meetings 
in which the plan was discussed with its general membership, 
any documents circulated or made available to the membership 
on the proposed plan, and comments from its membership received 
on the proposed plan. 
(2) Not later than 90 days after a tribe makes its submission 
under paragraph (1), the Secretary shall— 
(A) if the plan complies with the provisions of section 
3(b) of the Indian Tribal Judgment Funds Use or Distribution 
Act (25 U.S.C. 1403(b)), approve the plan; or 
I l l STAT. 2656 
PUBLIC LAW 105-143—DEC. 15, 1997 
(B) if the plan does not comply with the provisions of 
section 3(b) of the Indian Tribal Judgment Funds Use or Dis-
tribution Act (25 U.S.C. 1403(b)), return the plan to the tribe 
with comments advising the tribe why the plan does not comply 
with such provisions. 
(c) RESPONSE BY TRIBE.—^The tribe shall have 60 days after 
receipt of comments under subsection (b)(2), or other time as the 
tribe and the Secretary agree upon, in which to respond to such 
comments and make such response by submitting a revised plan 
to the Secretary. 
(d) SUBMISSION TO CONGRESS.—(1) The Secretary shall, within 
45 days after receiving the governing body's comments under 
subsection (c), submit a plan to Congress in accordance with the 
provisions of section 3(b) of the Indian Tribal Judgment Funds 
Use or Distribution Act (25 U.S.C. 1403(b)). If the tribe does not 
submit a response pursuant to subsection (c), the Secretary shall, 
not later than 45 days after the end of the response time for 
such a response, submit a plan to Congress in accordance with 
the provisions of section 3(b) of the Indian Tribgd Judgment Funds 
Use or Distribution Act (25 U.S.C. 1403(b)). 
(2) If a tribe does not submit a plan to the Secretary within 
8 years of the date of enactment of this Act, the Secretary shall 
approve a plan which complies with the provisions of section 3(b) 
of the Indian Tribal Judgment Funds Use or Distribution Act (25 
U.S.C. 1403(b)). 
(e) GOVERNING LAW AFTER APPROVAL BY SECRETARY.—Once 
approved by the Secretary under this title, the effective date of 
the plan and other requisite action, if any, is determined by the 
provisions of section 5 of the Indian Tribal Judgment Funds Use 
or Distribution Act (25 U.S.C. 1405). 
(f) HEARINGS NOT REQUIRED.—^Notwithstanding section 3 and 
section 4 of the Indian Tribal Judgment Funds Use or Distribution 
Act (25 U.S.C. 1403 and 25 U.S.C. 1404), the Secretary shall not 
be required to hold hearings or submit transcripts of any hearings 
held previously concerning the Indian judgments which are related 
to the judgment funds. The Secretary's submission of the plan 
pursuant to this title shall comply with section 4 of the Indian 
Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1404). 
SEC. 106. PREPARATION OF JUDGMENT DISTRffiUTION ROLL OF 
DESCENDANTS. 
(a) PREPARATION.— 
(1) IN GENERAL.—The Secretary shall prepare, in accord-
ance with parts 61 and 62 of title 25, Code of Federal Regula-
tions, a judgment distribution roll of all citizens of the United 
States who— 
(A) were bom on or before the date of enactment of 
this Act; 
(B) were living on the date of the enactment of this 
Act; 
(C) are of at least one-quarter Michigan Ottawa or 
Chippewa Indian blood, or a combination thereof; 
(D) are not members of the tribal organizations listed 
in section 104; 
(E) are lineal descendants of the Michigan Ottawa 
or Chippewa bands or tribes that were parties to either 
PUBLIC LAW 105-143—DEC. 15, 1997 
111 STAT. 2657 
the 1820 treaty (7 Stat. 207), the 1836 treaty (7 Stat. 
491), or the 1855 treaty (11 Stat. 621); 
(F) are lineal descendants of at least one of the groups 
described in subsection (d); and 
(G) are not described in subsection (e). 
(2) TIME LIMITATIONS.—^The judgment distribution roll of 
descendants prepared pursuant to paragraph (1)— 
(A) shall not be approved before 8 years after the 
date of the enactment of this Act or a final determination 
has been made regarding each petition filed pursuant to 
section 110, whichever is earlier; and 
(B) shall be approved not later than 9 years sifter 
the date of the enactment of this Act. 
(b) APPLICATIONS.—Applications for inclusion on the judgment 
distribution roll of descendants must be filed with the superintend-
ent, MichigEui agency. Bureau of Indian Affairs, Sault Ste. Marie, 
Michigan, not later than 1 year after the date of enactment of 
this Act. 
(c) APPEALS.—^Appeals arising under this section shall be 
handled in accordance with parts 61 and 62 of title 25, Code 
of Federal Regulations. 
(d) GROUPS.—^The groups referred to in subsection (a)(1)(F) 
are Chippewa or Ottawa tribe or bands of— 
(1) Grand River, Traverse, Grand Traverse, Little Traverse, 
Maskigo, or L'Arbre Croche, Cheboigan, Sault Ste. Marie, 
Michilmackinac; and 
(2) any subdivisions 
of any groups referred 
to in 
paragraph (1). 
(e) INELIGIBLE INDIVIDUALS.—An individual is not eligible under 
this section, if that individual— 
(1) received benefits pursuant to the Secretarial Plan 
effective July 17, 1983, for the use and distribution of 
Potawatomi judgment funds; 
(2) received benefits pursuEint to the Secretarial Plan 
effective November 12, 1977, for the use and distribution of 
Saginaw Chippewa judgment funds; 
(3) is a member of the Keweenaw Bay Chippewa Indian 
Community of Michigan on the date of the enactment of this 
Act; 
(4) is a member of the Lac Vieux Desert Band of Lake 
Superior Chippewa Indians on the date of the enactment of 
this Act; or 
(5) is a member of a tribe whose membership is predomi-
nantly Potawatomi. 
(f) USE OF HORACE B. DURANT ROLL.—In preparing the 
judgment distribution roll of descendants under this section, the 
Secretary shall refer to the Horace B. Durant Roll, approved Feb-
ruary 18, 1910, of the Ottawa and Chippewa Tribe of Michigan, 
as qualified and corrected by other rolls and records acceptable 
to the Secretary, including the Durant Field Notes of 1908-1909 
and the Annuity Pa3n'oll of the Ottawa and Chippewa Tribe of 
Michigan approved May 17, 1910. The Secretary may employ the 
services of the descendant group enrollment review committees. 
(g) PAYMENT OF FUNDS.—Subject to section 110, not later than 
90 days after the approval by the Secretary of the judgment dis-
tribution roll of descendants prepared pursuant to this section, 
the Secretary shall distribute per capita the funds described in 
I l l STAT. 2658 
PUBLIC LAW 105-143—DEC. 15, 1997 
subsections (a)(1) and (b)(1) of section 104 to the individuals listed 
on that judgment distribution roll of descendants. Payment under 
this section— 
(1) to which a living, competent adult is entitled under 
this title shall be paid directly to that adult; 
(2) to which a deceased individual is entitled under this 
title shall be paid to that individual's heirs and legatees upon 
determination of such heirs and legatees in accordance with 
regulations prescribed by the Secretary; and 
(3) to which a legsdly incompetent individual or an 
individual under 18 years of age is entitled under this title 
shall be paid in accordance with such procedures (including 
the establishment of trusts) as the Secretary determines to 
be necessary to protect and preserve the interests of that 
individual. 
SEC. 107. PLAN FOR USE AND DISTRIBUTION OF BAY MILLS INDIAN 
COMMUNITY FUNDS. 
(a) TRIBAL LAND TRUST.—(1) The Executive Council of the 
Bay Mills Indian Community shall establish a nonexpendable trust 
to be known £is the "Land Trust".- Not later than 60 days after 
receipt of the funds distributed to the Bay Mills Indian Community 
pursuant to this title, the Executive Council of the Bay Mills Indian 
Community shall deposit 20 percent of the shsire of the Bay Mills 
Indian Community into the Land Trust. 
(2) The Executive Council shall be the trustee of the Land 
Trust and shall administer the Land Trust in accordance with 
this section. The Executive Council may retain or hire a professional 
trust manager and may pay the prevailing market rate for such 
services. Such pajonent for services shall be made from the current 
income accounts of the trust and charged agednst earnings of the 
current fiscal year. 
(3) The earnings generated by the Land Trust shall be used 
exclusively for improvements on tribal land or the consolidation 
and enhancement of tribal landholdings through purchase or 
exchange. Any land acquired with funds from the Land Trust shall 
be held as Indian lands are held. 
(4) The principal of the Land Trust shall not be expended 
for any purpose, including but not limited to, per capita payment 
to members of the Bay Mills Indian Community. 
(5) The Land Trust shall be maintained as a separate account, 
which shall be audited at least once during each fiscal year by 
an independent certified public accountant who shall prepare a 
report on the results of such audit. Such report shall be a public 
document, and shall be available for inspection by any member 
of the Bay Mills Indian Community. 
(6) Notwithstanding any other provision of law, the approval 
of the Secretary of any pa3anent from the Land Trust shall not 
be required and the Secretary shall have no trust responsibility 
for the investment, supervision, administration, or expenditure of 
funds from the Land Trust. 
(b) LAND CLAIMS DISTRIBUTION TRUST.—(1) The Executive 
Council of the Bay Mills Indian Community shall establish a non-
expendable trust to be known as the "Land Claims Distribution 
Trust Fund". Not later than 60 days after receipt of the funds 
distributed to the Bay Mills Indian Community pursuant to this 
title, the Executive Council of the Bay Mills Indigm Community 
PUBLIC LAW 105-143—DEC. 15, 1997 
111 STAT. 2659 
shall deposit into the Land Claims Distribution Trust Fund the 
principal funds which shall consist of— 
(A) amounts remaining of the funds distributed to the 
Bay Mills Indian Community after distribution pursu£int to 
subsections (a) and (c); 
(B) 10 percent of the annual esimings generated by the 
Land Claims Distribution Trust Fund; and 
(C) such other funds which the Executive Council chooses 
to add to the Land Claims Distribution Trust Fund. 
(2) The Executive Council shall be the trustee of the Land 
Claims Distribution Trust Fund and shall administer the Land 
Claims Distribution Trust Fund in accordance with this section. 
The Executive Council may retain or hire a professional trust 
manager and may pay for said services the prevailing market 
rate. Such pa3mient for services shall be made from the current 
income accounts of the trust and charged against earnings of the 
current fiscal year. 
(3) 90 percent of the annual earnings of the Land Claims 
Distribution Trust Fund shall be distributed on October 1 of each 
year after the creation of the trust fund to any person who— 
(A) is enrolled as a member of the Bay Mills Indian 
Community; 
(B) is at least 55 years of age as of the annual distribution 
date; and 
(CXi) has been enrolled as a member of the Bay Mills 
Indian Community for a minimum of 25 years as of the annual 
distribution date, or 
(ii) was adopted as a member of the Bay Mills Indian 
Community on or before June 30, 1996. 
(4) In the event that a member of the Bay Mills Indian Commu-
nity who is eligible for pa3anent under subsection (bX3), should 
die after preparation of the annual distribution roll and prior to 
the October 1 distribution, that individual's share for that year 
shall be provided to the member's heirs at law. 
(5) In the event that a member of the Bay Mills Indian Commu-
nity who is at least 55 years of age and who is eligible for payment 
under subsection (bX3), shall have a guardian appointed for said 
individual, such payment shall be made to the guardian. 
(6) Under no circumstances shall any part of the principal 
of the Land Claims Distribution Trust Fund be distributed as 
a per capita payment to members of the Bay Mills Indian Commu-
nity, or used or expended for any other purpose by the Executive 
Council. 
(7) The Land Claims Distribution Trust Fund shall be Reports, 
maintained as a separate account, which shall be audited at least 
once during each fiscal year by an independent certified public 
accountant who shall prepeire a report on the results of such audit. 
Such report shall be a public document and shall be available 
for inspection by any member of the Bay Mills Indian Community. 
(8) Notwithstanding any other provision of law, the approval 
of the Secretary of £iny payment from the Land Claims Distribution 
Trust Fund shall not be required and the Secretary shall have 
no trust responsibility for the investment, supervision, administra-
tion, or expenditure of the Fund. 
(c) LAND CLAIMS INITIAL PAYMENT.—^As compensation to the 
members of the Bay Mills Indian Community for the delay in 
distribution of the judgment fund, payment shall be made by the 
I l l STAT. 2660 
PUBLIC LAW 105-143—DEC. 15, 1997 
Executive Council within 30 days of receipt of the Bay Mills Indian 
Community's share of the judgment fund from the Secretary, as 
follows: 
(1) The sum of $3,000 to each enrolled member of the 
Bay Mills Indian Community living on the date of enactment 
of this legislation, who has attained the age of 55 years, but 
is less than 62 years of age, if that individual was adopted 
into or a member of the Bay Mills Indian Community on 
or before June 30, 1996. 
(2) The sum of $5,000 to each enrolled member of the 
Bay Mills Indian Community living on the date of enactment 
of this legislation, who is at least 62 years of age and less 
than and 70 years of age, if that individual was adopted into 
or a member of the Bay Mills Indian Community on or before 
June 30, 1996. 
(3) The sum of $10,000 to each enrolled member of the 
Bay Mills Indian Community living on the date of enactment 
of this legislation, who is 70 years of age or older, if that 
individual was adopted into or a member of the Bay Mills 
Indian Community on or before June 30, 1996. 
(d) ANNUAL PAYMENTS FROM LAND CLAIMS DISTRIBUTION TRUST 
FUND.—^The Executive Council shall prepare the annual distribution 
roll and ensure its accuracy prior to August 30 of each year prior 
to distribution. The distribution roll shall identify each member 
of the Bay Mills Indian Community who, on the date of distribution, 
will have attained the minimum age and membership duration 
required for distribution eligibility, as specified in subsection (b)(3). 
The number of eligible persons in each age category defined in 
this subsection, multiplied by the number of shares for which the 
age category is entitled, added together for the 3 categories, shall 
constitute the total number of shares to be distributed each year. 
On each October 1, the shares shall be distributed as follows: 
(1) Each member who is at least 55 years of age and 
less than 62 years of age shall receive 1 share. 
(2) Each member who is between the ages of 62 £ind 69 
years shall receive 2 shares. 
(3) Each member who is 70 years of age or older shall 
receive 3 shares. 
SEC. 108. PLAN FOR USE OF SAULT STE. MARIE TRIBE OF CfflPPEWA 
INDIANS OF MICHIGAN FUNDS. 
(a) SELF-SUFFICIENCY FUND.— 
(1) The Sault Ste. Marie Tribe of Chippewa Indians of 
Michigan (referred to in this section as the "Sault Ste. Marie 
Tribe"), through its board of directors, shall establish a trust 
fund for the benefit of the Sault Ste. Marie Tribe which shall 
be known as the "Self-Sufficiency Fund". The principal of the 
Self-Sufficiency Fund shall consist of— 
(A) the Sault Ste. Marie Tribe's share of the judgment 
funds transferred by the Secretary to the board of directors 
pursuant to subsection (e); 
(B) such amounts of the interest and other income 
of the Self-Sufficiency Fund as the board of directors may 
choose to add to the principal; and 
(C) any other funds that the board of directors of 
the Sault Ste. Marie Tribe chooses to add to the principal. 
PUBLIC LAW 105-143—DEC. 15, 1997 
111 STAT. 2661 
(2) The board of directors shall be the trustee of the Self-
SufRciency Fund and shall administer the Fund in accordance 
with the provisions of this section. 
(b) USE OF PRINCIPAL.— 
(1) The principal of the Self-Sufificiency Fund shall be used 
exclusively for investments or expenditures which the board 
of directors determines— 
(A) are reasonably related to— 
(i) 
economic 
development 
beneficial 
to 
the 
tribe; or 
(ii) development of tribal resources; 
(B) are otherwise financially beneficial to the tribe 
and its members; or 
(C) will consolidate or enhance tribal landholdings. 
(2) At least one-half of the principal of the Self-Sufficiency 
Fund at any given time shall be invested in investment 
instruments or funds calculated to produce a reasonable rate 
of return without undue speculation or risk. 
(3) No portion of the principal of the Self-Sufficiency Fund 
shall be distributed in the form of per capita pajrments. 
(4) Any lands acquired using amounts from the Self-
Sufficiency Fund shall be held as Indian lands are held. 
(c) USE OF SELF-SUFFICIENCY FUND INCOME.—The interest and 
other investment income of the Self-Sufficiency Fund shall be 
distributed— 
(1) as an addition to the principal of the Fund; 
(2) as a dividend to tribal members; 
(3) as a per capita payment to some group or category 
of tribal members designated by the board of directors; 
(4) for educational, social welfare, health, cultural, or 
charitable purposes which benefit the members of the Sault 
Ste. Marie Tribe; or 
(5) for consolidation or enhancement of tribal lands. 
(d) GENERAL RULES AND PROCEDURES.— 
(1) The Self-Sufficiency Fund shall be maintained as a 
separate account. 
(2) The books and records of the Self-Sufficiency Fund 
shall be audited at least once during each fiscal year by an 
independent certified public accountant who shall prepgure a 
report on the results of^such audit. Such report shall be treated 
as a public document of the Sault Ste. Marie Tribe and a 
copy of the report shall be available for inspection by any 
enrolled member of the Sault Ste. Marie Tribe. 
(e) 
TRANSFER OF JUDGMENT FUNDS TO SELF-SUFFICIENCY 
FUND.— 
(1) The Secretary shall trginsfer to the Self-Sufficiency Fund 
the share of the funds which have been allocated to the Sault 
Ste. Marie Tribe pursuant to section 104. 
(2) Notwithstanding Einy other provision of law, after the 
transfer required by peiragraph (1) the approval of the Secretary 
for any pa3rment or distribution from the principal or income 
of the Self-Sufficiency Fund shall not be required and the 
Secretgiry shall have no trust responsibility for the investment, 
administration, or expenditure of the principal or income of 
the Self-Sufficiency Fund. 
(f) LANDS ACQUIRED USING INTEREST OR OTHER INCOME OF 
THE SELF-SUFFICIENCY FUND.—^Any lands acquired using amounts 
I l l STAT. 2662 
PUBLIC LAW 105-143—DEC. 15, 1997 
from interest or other income of the Self-Sufficiency Fund shall 
be held in trust by the Secretary for the benefit of the tribe. 
SEC. 109. PLAN FOR USE OF GRAND TRAVERSE BAND OF OTTAWA 
AND CHIPPEWA INDIANS OF MICHIGAN FUNDS. 
(a) LAND CLAIMS DISTRIBUTION TRUST FUND.—(1) The share 
of the Grand Traverse Band of Ottawa and Chippewa Indians 
of Michigan (hereafter in this section referred to as the "Band"), 
as determined pursuant to subsections (a)(3) and (b)(3) of section 
104, shall be deposited by the Secretary in a nonexpendable trust 
fund to be established by the Tribal Council of the Band to be 
known as the "Land Claims Distribution Trust Fund" (hereafter 
in this section referred to as the "Trust Fund"). 
(2) The principal of the Trust Fund shall consist of— 
(A) the funds deposited into the Trust Fund by the 
Secretary pursuant to this subsection; 
(B) annual earnings of the Trust Fund which shall be 
retained, and added to the principal; and 
(C) such other funds as may be added to the Trust Fund 
by action of the Tribal Council of the Band. 
(b) MANAGEMENT OF THE TRUST FUND.—^The Tribal Council 
of the Band shall be the trustee of the Trust Fund and shall 
administer the Fund in accordance with this section. In carrying 
out this responsibility, the Tribal Council may retain or hire a 
professional trust manager and may pay the prevailing market 
rate for such services. Such pa3mient for services shall be made 
from the current income accounts of the Trust Fund and charged 
against the earnings of the fiscal year in which the pa3rment 
becomes due. 
(c) TRUST FUND AS LOAN COLLATERAL.—(1) The Trust Fund 
shall be used by the Band as collateral to secure a bank loan 
equal to 80 percent of the principal of the Trust Fund at the 
lowest interest rate then available. Such loan shall be used by 
the Band to make a one-time per capita pajrment to all eligible 
members. 
(2) The loan secured pursuant to this subsection shall be amor-
tized by the earnings of the Trust Fund. The Tribal Council of 
the Band shall have the authority to invest the principal of the 
Trust Fund on market risk principles that will ensure adequate 
payments of the debt obligation while at the same time protecting 
the principal. 
(d) ELDERS' LAND CLAIM DISTRIBUTION TRUST FUND.—(1) Upon 
the retirement of the loan obtained pursuant to subsection (c), 
the Tribal Council shall establish the Grand Traverse Band Elders' 
Land Claims Distribution Trust Fund (hereafter in this section 
referred to as the "Elders' Trust Fund"). There shall be deposited 
into the Elders' Trust Fund the principal and all accrued earnings 
that are in the Land Claims Distribution Trust Fund on the date 
of retirement of such login. 
(2) Upon establishment of the Elders' Trust Fund, the Tribal 
Council of the Band shall make a one-time pa3mtient to any person 
who is living on the date of the establishment of the Elders' Trust 
Fund, and who was an enrolled member of the Band for at least 
2 years prior to the date of the enactment of this Act as follows: 
(A) $500 for each member who has attained the age of 
55 years, but is less than 62 years of age. 
PUBLIC LAW 105-143—DEC. 15, 1997 
111 STAT. 2663 
(B) $1,000 for each member who has attEiined the age 
of 62 years, but is less than 70 years of age. 
(C) $2,500 for each member who is 70 years of age or 
older. 
(3) After distribution pursuant to paragraph (2), the net annual 
earnings of the Elders' Trust Fund shall be distributed as follows: 
(A) 90 percent shall be distributed on October 1 of each 
year sifter the creation of the Elder's Trust Fund to all living 
enrolled members of the Band who have attained the age 
of 55 years upon such date, and who shall have been an 
enrolled member of the Band for not less than 2 years upon 
such date. 
(B) 10 percent shall be added to the principal of the Elders' 
Trust Fund. 
(4) Distribution pursuant to paragraph (3)(A) shall be as follows: 
(A) One share for each person on the current annual Elders' 
roll who has attained the age of 55 years, but is less than 
62 years of age. 
(B) Two shares for each person who has attained the age 
of 62 years, but is less than 70 years of age. 
(C) Three shsires for each person who is 70 years of age 
or older. 
(5) None of the funds in the Elders* Trust Fund shall be 
distributed or expended for any purpose other than as provided 
in this subsection. 
(6) The Elders' Trust Fund shall be maintained as a separate 
account, which shall be audited at least once during each fiscal 
year by an independent certified public accountant who shall pre-
pare a report on the results of such audit. Such report shall be 
reasonably available for inspection by the members of the Band. 
(7) The Tribal Council of the Band shall prepare an sinnual 
Elders' distribution roll and ensure its accuracy prior to August 
30 of each year. The roll shall identify each member of the Band 
who has attained the minimum age and membership duration 
required for distribution eligibility pursuant to paragraph (3)(A). 
(e) GENERAL PROVISIONS.—(1) In the event that a tribal member 
eligible for a payment under this section shall die after preparation 
of the annual distribution roll, but prior to the distribution date, 
such payment shall be paid to the estate of such member. 
(2) In any case where a legal guardian has been appointed 
for a person eligible for a pajonent under this section, pajrment 
of that person's share shall be made to such guardian. 
(f) No SECRETARIAL RESPONSIBILITIES FOR TRUST FUND.—^The 
Secretary shall have no trust responsibility for the investment, 
supervision, administration, or e^enditure of the Land Claims 
Distribution Trust Fund or the Elders' Trust Fund. 
SEC. 110. PAYMENT TO NEWLY RECOGNIZED OR REAFFIRMED TRIBES. 
(a) ELIGIBILITY.—In order to be eligible for tribal funds under 
this Act, a tribe that is not federally recognized or reaffirmed 
on the date of the enactment of this Act— 
(1) must be a signatory to either the 1836 treaty (7 Stat. 
491) or the 1855 treaty (11 Stat. 621); 
(2) must have a membership that is predominantly 
Chippewa and Ottawa; 
(3) shall not later than 6 months after the date of the 
enactment of this Act, submit to the Bureau of Indian Affairs 
I l l STAT. 2664 
PUBLIC LAW 105-143—DEC. 15, 1997 
a letter of intent for Federal recognition if such a letter is 
not on file with the Bureau of Indian Affairs; and 
(4) shall not later than 3 years after the date of the enact-
ment of this Act, submit to the Bureau of Indian Affairs a 
documented petition for Federal recognition if such a petition 
is not on file with the Bureau of Indism Affairs. 
(b) DISTRIBUTION OF FUNDS ALLOTTED FOR NEWLY RECOGNIZED 
OR REAFFIRMED TRIBES.—Not later than 90 days after a tribe that 
has submitted a timely petition pursusmt to subsection (a) is feder-
ally recognized or reaffirmed, the Secretary shall segregate and 
hold in trust for such tribe, its respective share of the funds 
described in sections 104(a)(1) and (b)(1), $3,000,000 plus 30 percent 
of any income earned on the funds described in section 104(a)(1) 
and (b)(1) up to the date of such distribution. 
(c) DISTRIBUTION OF FUNDS ALLOTTED FOR CERTAIN INDIVID-
UALS.—If, after the date of the enactment of this Act and before 
approval by the Secretary of the judgment distribution roll of 
descendants. Congress or the Secretary recognizes a tribe which 
has as a member an individual that is listed on the judgment 
distribution roll of descendants as approved pursuant to section 
106, the Secretary shall, not later than 90 days after the approval 
of such judgment distribution roll of descendants, remove that 
individual's name from the descendants roll and reallocate the 
funds allotted for that individual to the fund established for such 
newly recognized or reaffirmed tribe. 
(d) FUNDS SUBJECT TO PLAN.—Funds held in trust for a newly 
recognized or reaffirmed tribe shall be subject to plans that are 
approved in accordance with this title. 
(e) DETERMINATION OF MEMBERSHIP IN NEWLY RECOGNIZED 
OR REAFFIRMED TRIBE.— 
(1) SUBMISSION OF MEMBERSHIP ROLL.—^For purposes of 
this section— 
(A) if the tribe is acknowledged by the Secretary under 
part 83 of title 25, Code of Federal Regulations, the 
Secretary shall use the tribe's most recent membership 
list provided under such part; 
(B) unless otherwise provided by the statutes which 
recognizes the tribe, if Congress recognizes a tribe, the 
Secretary shall use the most recent membership list pro-
vided to Congress. If no membership list is provided to 
Congress, the Secretary shall use the most recent member-
ship list provided with the tribe's petition for acknowledg-
ment under part 83 of title 25, Code of Federal Regulations. 
If no such list was provided to Congress or under such 
{)art, the newly recognized tribe shall submit a membership 
ist to the Secretary before the judgment distribution roll 
of descendants is approved or the judgment funds shall 
be distributed per capita pursuant to section 106; 
(C) a tribe that has submitted a membership roll pursu-
ant to this section may update its membership rolls not 
later than 180 days before distribution pursuant to section 
106. 
(2) FAILURE TO SUBMIT UPDATED MEMBERSHIP ROLL.—^If 
a membership list was not provided— 
(A) to the Secretary, the Secretary will use the tribe's 
most recent membership list provided to the Bureau of 
Indian Affairs in their petition for Federsd acknowledgment 
PUBLIC LAW 105-143—DEC. 15, 1997 
111 STAT. 2665 
filed under part 83 of title 25, Code of Federal Regulations, 
unless otherwise provided in the statute which recognized 
the tribe; 
(B) to the Bureau of Indian Affairs, the newly recog-
nized or reaffirmed tribe shall submit a membership list 
before the judgment distribution roll of descendants is 
approved by the Secretary, unless otherwise provided in 
the statute which recognized the tribe; and 
(C) before the judgment distribution roll of descendants 
is approved, the judgment funds shall be distributed per 
capita pursuant to section 106. 
SEC. 
1
1
1
. 
TREATMENT 
OF 
FUNDS 
IN 
RELATION 
TO 
OTHER 
LAWS. 
The eligibility for or receipt of distributions under this Act 
by a tribe or individual shall not be considered as income, resources, 
or otherwise when determining the eligibility for or computation 
of any pajonent or other benefit to such tribe, individual, or house-
hold under— 
(1) any financial aid program of the United States, 
including grants and contracts subject to the Indian Self-
Determination Act; or 
(2) any other benefit to which such tribe, household, or 
individual would otherwise be entitled under any Federal or 
federally assisted program. 
SEC. 112. TREATIES NOT AFFECTED. 
No provision of this Act shall be construed to constitute an 
amendment, modification, or interpretation of any treaty to which 
a tribe mentioned in this Act is a party nor to any right secured 
to such a tribe or to any other tribe by any treaty. 
TITLE 
II—LIMITATION 
ON 
HEALTH 
CARE CONTRACTS AND COMPACTS 
FOR 
THE 
KETCHIKAN 
GATEWAY 
BOROUGH 
SEC. 201. FINDINGS. 
Congress finds that— 
(1) the execution of more than 1 contract or compact 
between an Alaska Native village or regional or village corpora-
tion in the Ketchikan Gateway Borough and the Secretary 
to provide for health care services in an area with a small 
population leads to duplicative and wasteful administrative 
costs; and 
(2) incurring the wasteful costs referred to in paragraph 
(1) leads to decrease in the quality of health care that is 
provided to Alaska Natives in an affected area. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) ALASKA NATIVE.—The term "Alaska Native" has the 
meaning given the term "Native" in section 3(b) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1602(b)). 
(2) 
ALASKA NATIVE VILLAGE OR REGIONAL OR VILLAGE 
CORPORATION,—^The term "Alaska Native village or regional 
39-194 O - 97 - 19 : QL 3 Part 3 
I l l STAT. 2666 
PUBLIC LAW 105-143—DEC. 15, 1997 
or village corporation" means an Alaska Native village or 
regional or village corporation defined in, or established pursu-
ant to the Alaska Native Claims Settlement Act (43 U.S.C. 
1601 et seq.). 
(3) 
CONTRACT; 
COMPACT.—The terms 
"contract" 
and 
"compact" mean a self-determination contract and a self-
governance compact as these terms are defined in the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 
450 et seq.). 
(4) SECRETARY.—^The term "Secretary" means the Secretary 
of Health and Human Services. 
SEC. 203. LIMITATION. 
(a) IN GENERAL.—^The Secretary shall take such action as may 
be necessary to ensure that, in considering a renewal of a contract 
or compact, or signing of a new contract or compact for the provision 
of health care services in the Ketchikan Gateway Borough, there 
will be only one contract or compact in effect. 
(b) CONSIDERATION.—In any case in which the Secretary, acting 
through the Director of the Indian Health Service, is required 
to select from more than 1 application for a contract or compact 
described in subsection (a), in awarding the contract or compact, 
the Secretary shall take into consideration— 
(1) the ability and experience of the applicant; 
(2) the potentigJ for the applicant to acquire and develop 
the necessary ability; and 
(3) the potential for growth in the health care needs of 
the covered borough. 
Approved December 15, 1997. 
LEGISLATIVE HISTORY—H.R. 1604: 
HOUSE REPORTS: No. 105-352 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Nov. 4, considered and passed House. 
Nov. 9, considered and passed Senate, amended. 
Nov. 13, House concurred in certain Senate amendments and disagreed to an-
other amendment. Senate receded from its amendment.