A bill to provide for the use and distribution of funds awarded the Pembina Chippewa Indians in dockets numbered 113, 191, 221, and 246 of the Court of Claims.
PL 97-403 (S.1735), enacted 12/31/1982

96 STAT. 2022 
PUBLIC LAW 97-403—DEC. 31, 1982 
Public Law 97-403 
97th Congress 
Dec. 31, 1982 
[S. 1735] 
Pembina 
Chippewa 
Indians. 
Distribution and 
use of funds. 
Turtle Mountain 
Band of 
Chippewa 
Indians. 
An Act 
To provide for the use and distribution of funds awarded the Pembina Chippewa 
Indians in dockets numbered 113, 191, 221, and 246 of the Court of Claims. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That, notwithstand-
ing any provision of the Act of October 19, 1973 (87 Stat. 466; 25 
U.S.C. 1401 et seq.), or any other law, regulation, or plan promul-
gated pursuant thereto, any funds appropriated in satisfaction of a 
judgment awarded to the Pembina Chippewa Indians in dockets 
numbered 113,191, 221, and 246 of the Court of Claims shall be used 
and distributed as provided in this Act. 
SEC. 2. All of the funds appropriated with respect to the judgment 
awarded the Pembina Chippewa Indians in dockets 113, 191, 221, 
and 246 (less attorney fees and litigation expenses), including all 
interest and investment income accrued, shall be divided by the 
Secretary of the Interior (hereinafter in this Act referred to as the 
"Secretary") among the Turtle Mountain Band of Chippewa Indi-
ans, the Chippewa Cree Tribe of Rocky Boy's Reservation, the 
Minnesota Chippewa Tribe, the Little Shell Band of the Chippewa 
Indians of Montana, and the nonmember Pembina descendants (as a 
group) so that each is allocated an amount which bears the same 
relationship to such funds as the number of members of such band, 
tribe, or group who are described under section 3(1), 4(1), 5(1), or 6(1) 
or 7(a) bears to the sum of^ 
(1) the number of members of the Turtle Mountain Band of 
Chippewa Indians described in section 3(1), 
(2) the number of members of the Chippewa Cree Tribe of 
Rocky Boy's Reservation described in section 4(1), 
(3) the number of members of the Minnesota Chippewa Tribe 
described in section 5(1), 
(4) the number of members of the Little Shell Band of the 
Chippewa Indians of Montana as described in section 6(1) plus 
(5) the number of nonmember Pembina Chippewas enrolled 
by the Secretary under section 7(a). 
SEC. 3. The funds allocated by section 2 to the Turtle Mountain 
Band of Chippewa Indians shall be used and distributed as follows: 
(1) Eighty per centum of such funds shall be distributed in the 
form of per capita payments (in sums as equal as possible) to all 
enrolled members of the Turtle Mountain Band of Chippewa 
Indians who are living on the date of the enactment of this Act. 
(2) Twenty per centum of such funds shall be held in trust and 
invested by the Secretary for the benefit of the members of the 
Turtle Mountain Band of Chippewa Indians. The governing 
body of such band is authorized to use the interest and invest-
ment income accrued on such 20 per centum portion, on an 
annual budgetary basis subject to the approval of the Secretary, 
for— 
PUBLIC LAW 97-403—DEC. 31, 1982 
96 STAT. 2023 
(A) the administration of such band, or 
(B) social and economic programs. 
Such 20 per centum portion of the principal shall not be avail-
able for per capita payments. 
SEC. 4. The funds allocated by section 2 to the Chippewa Cree 
Tribe of Rocky Boy's Reservation shall be used and distributed as 
follows: 
(1) Eighty per centum of such funds shall be distributed in the 
form of per capita payments (in sums as equal as possible) to all 
enrolled members of the Chippewa Cree Tribe of Rocky Boy's 
Reservation who— 
(A) establish Pembina Chippewa ancestry to the satisfac-
tion of the Secretary, and 
(B) are living on the date of the enactment of this Act. 
(2) Twenty per centum of such funds shall be held in trust and 
invested by the Secretary for the benefit of the members of the 
Chippewa Cree Tribe of Rocky Boy's Reservation. The governing 
^ 
body of such tribe is authorized to use the interest and invest-
ment income accrued on such 20 per centum portion, on an 
annual budgetary basis subject to the approval of the Secretary, 
for— 
to 
(A) economic programs, 
(B) recreation, or 
(C) tribal administration. 
Such 20 per centum portion of the principal shall not be avail-
able for per capita payments. 
SEC. 5. The funds allocated by section 2 to the Minnesota Chip-
pewa Tribe shall be used and distributed as follows: 
(1) Eighty per centum of such funds shall be distributed in the 
form of per capita payments (in sums as equal as possible) to all 
enrolled members of the Minnesota Chippewa Tribe who— 
1 
(A) are designated as Pembina Band Chippewas on the 
basis of tribal procedures which are approved by the Secre-
1o 
tary, and 
(B) are living on the date of the enactment of this Act. 
(2) Twenty per centum of such funds shall be held in trust and 
c 
invested by the Secretary for the benefit of the members of the 
Minnesota Chippewa Tribe. The White Earth Reservation Busi-
I 
ness Committee is authorized to use the interest and investment 
income accrued on such 20 per centum portion, on an annual 
budgetary basis subject to the approval of the Secretary, for— 
-
^ .^ 
(A) a joint investment and use program for the bands 
A Gi: 
affiliated with the reservation, or 
(B) reservation social and economic programs. 
- 
Such 20 per centum portion of the principal shall not be avail-
able for per capita payments. 
SEC. 6. The funds allocated by section 2 to the Little Shell Tribe of 
Chippewa Indians of Montana shall be used and distributed as 
follows: 
(1) Eighty per centum of such funds shall be distributed in the 
form of per capita payments (in sums as equal as possible) to all 
enrolled members of the Little Shell Tribe of Chippewa Indians 
of Montana who are living on the date of the enactment of this 
Act and who would meet the enrollment criteria under section 
5 
7(a) of this Act if they were not enrolled members of the Little 
Shell Tribe of Chippewa Indians of Montana. 
(2) Twenty per centum of such funds shall be held in trust and 
invested by the Secretary for the benefit of the members of the 
Chippewa Cree 
Tribe of Rocky 
Boy's 
Reservation. 
Minnesota 
Chippewa Tribe. 
Little Shell Tribe 
of Chippewa 
Indians of 
Montana. 
96 STAT. 2024 
PUBLIC LAW 97-403—DEC. 31, 1982 
Report to 
Congress. 
Ancestry roll. 
Regulations. 
<i 
Little Shell Tribe of Chippewa Indians of Montana. The govern-
ing body of such tribe is authorized to use the interest and 
investment income accrued on such 20 per centum portion, on 
an annual budgetary basis subject to the approval of the Secre-
tary, for— 
ii- 
(A) the administration of such tribe, or 
(B) social and economic programs: 
Provided, That the Secretary shall act on the tribe's petition for 
Federal recognition prior to September 30, 1985. In the event 
that recognition is not approved, the 20 per centum portion 
shall be distributed in the form of per capita payments (in sums 
as equal as possible) to those persons who qualify for per capita 
payments under section 6(1): Provided further, That if the Secre-
tary fails to act on the recognition petition by September 30, 
1985, the Secretary shall make a report to Congress on that date 
outlining the reasons for his failure to act and shall make no 
per capita payments under this subsection until action on the 
petition is final. 
SEC. 7. (a) In order to establish eligibility to participate in the 
distribution of the funds allocated to the nonmember Pembina 
Chippewa descendants under section 2, the Secretary shall develop a 
roll of all individuals who— 
(1) are of at least one-quarter Pembina Chippewa blood, 
(2) are citizens of the United States, 
(3) are living on the date of the enactment of this Act, 
(4) are not members of the Red Lake Band of Chippewa 
Indians, the Turtle Mountain Band of Chippewa Indians, the 
Chippewa Cree Tribe, or the Minnesota Chippewa Tribe, or the 
Little Shell Band of Chippewa Indians of Montana, and 
(5) are— 
(A) enrolled, or the descendants of a lineal ancestor 
enrolled— 
(i) as Pembina descendants under the provisions of 
the Act of July 29, 1971 (85 Stat. 158), for the disposi-
tion of the 1863 Pembina Award, or 
(ii) on the McCumber roll of Turtle Mountain Indians 
of 1892, or 
(iii) on the Davis roll of Turtle Mountain Indians of 
1904, or 
(iv) as Chippewa on— 
(I) the tentative roll of the Rocky Boy Indians of 
May 30,1917, or 
(II) the McLaughlin census report of the Rocky 
^ '*' 
' 
Boy Indians of July 7,1917, or 
(III) the Roe Cloud Roll of Landless Indians of 
Montana, or 
(B) able to establish Pembina ancestry on the basis of any 
other rolls or records acceptable to the Secretary. 
(b) The Secretary shall promulgate regulations regarding non-
member Pembina enrollment procedures and shall utilize any docu-
ments acceptable to the Secretary in establishing eligibility of an 
individual to receive funds under this section. 
(c) Funds allocated to the nonmember Pembina descendants under 
section 2 shall be distributed on a per capita basis to the individuals 
enrolled under subsection (a). 
•*tu ic> 
sm 
PUBLIC LAW 97-403—DEC. 31, 1982 
96 STAT. 2025 
SEC. 8. (a) Any payment of a per capita share of funds to which a Per capita 
living, competent adidt is entitled under this Act shall be paid p^yj"®"^ 
directly to such adult. 
(b) ^ y per capita share of funds to which a deceased individual is 
entitled under this Act shall be paid, and the beneficiaries thereof 
determined under regulations prescribed by the Secretary. 
(c) Any per capita share of funds to which a legally incompetent 
individual or an individual under eighteen years of age is entitled 
under this Act shall be paid in accordance with such procedures 
(including the establishment of trusts) as the Secretary deter-
mines to be necessary to protect and preserve the mterests 
of such individual. 
SEC. 9. None of the funds distributed per capita or made available Tax exemption. 
under this Act for programs shall be subject to Federal, State, or 
g., ,. ^
^
, 
local income taxes or be considered income or resources or otherwise 
' ' 
utilized as the basis for denying or reducing the financial assistance 
pi.f, 
or benefits to any person or household participating in any Federal, 
State, or local programs. 
^ ^ 
Approved December 31, 1982. 
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LEGISLATIVE HISTORY—S. 1735 (H.R. 6416): 
HOUSE REPORT No. 97-937 accompanying H.R. 6416 (Comm. on Interior and 
Insular Affairs). 
SENATE REPORT No. 97-655 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Dec. 3, considered and passed Senate. 
Dec. 6, H.R. 6416 considered and passed House; S. 1735 amended, passed in lieu. 
Dec. 16, Senate concurred in House amendment.