A bill to provide for the use and distribution of funds awarded the Seminole Indians in dockets 73, 151, and 73-A of the Indians Claims Commission.
PL 101-277 (S.1096), enacted 04/30/1990

PUBLIC LAW 101-277—APR. 30, 1990 
104 STAT. 143 
Public Law 101-277 
101st Congress 
An Act 
To provide for the use and distribution of funds awarded the Seminole Indians 
Apr. 30, 1990 
in dockets 73, 151, and 73-A of the Indian Claims Commission. 
[S. 1096] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That, notwithstand- 
Oklahoma, 
ing any provision of the Act of October 19, 1973 (87 Stat. 466; 25 Florida. 
U.S.C. 1401, et seq.), or any other law, regulation, or plan promul-
gated pursuant thereto, the funds appropriated in satisfaction of 
judgments awarded to the Seminole Indians in dockets 73, 151, and 
73-A of the Indian Claims Commission shall be used and distributed 
as provided in this Act. 
SEC. 2. (a) The funds appropriated with respect to the judgments 
awarded to the Seminole Indians in dockets 73 and 151 of the Indian 
Claims Commission (less attorney fees and litigation expenses), 
including all interest and investment income accrued thereon, are 
allocated hereby as follows— 
(1) 75.404 per centum of such funds are allocated to the 
Seminole Nation of Oklahoma; and 
(2) 24.596 per centum of such funds shall be allocated among 
the Seminole Tribe of Florida, the Miccosukee Tribe of Indians 
of Florida and the independent Seminole Indians of Florida. 
(b) The funds that are required under subsection (a) of this section 
to be allocated among the Seminole Tribe of Florida, the Miccosukee 
Tribe of Indians of Florida, and the independent Seminole Indians of 
Florida, and all of the funds appropriated with respect to the 
judgment awarded to the Seminole Indians in docket 73-A (less 
attorney fees and litigation expenses), including all interest and 
investment income accrued thereon, shall be allocated as follows— 
(1) the Seminole Tribe of Florida, 77.20 per centum; 
(2) the Miccosukee Tribe of Indians of Florida, 18.16 per 
centum; and 
(3) the independent Seminole Indians of Florida (as a group), 
4.64 per centum. 
SEC. 3. (a) A proposed plan for the use and distribution of the 
funds allocated to the Seminole Nation of Oklahoma under section 2 
of this Act may be prepared by the governing body of the Seminole 
Nation of Oklahoma in consultation with the Secretary of the 
Interior within one hundred and eighty days of the enactment of 
this Act. Upon completion of such a plan, the Secretary shall submit 
it to the Congress without delay, together with recommendations for 
its approval and the reasons therefor. 
(b) If a plan has not been prepared by the Seminole Nation as 
provided in subsection (a) of this section, the Secretary, in consulta-
tion with the Seminole Nation, shall prepare and submit a plan to 
the Congress for approval within one hundred and eighty days of the 
expiration of the period referred to in subsection (a) of this section. 
A copy of the plan prepared by the Secretary shall be furnished to 
104 STAT. 144 
PUBLIC LAW 101-277—APR. 30, 1990 
the Seminole Nation simultaneously with its submission to the 
Congress. 
SEC. 4. (a) Any plan for the use and distribution of the funds 
allocated to the Seminole Nation of Oklahoma shall provide that not 
less than 80 per centum thereof shall be set aside and programmed 
to serve common tribal needs, educational requirements, and such 
other purposes as the circumstances of the Seminole Nation of 
Oklahoma may determine. 
(b) No per capita distribution may be made from the sum allocated 
to the Seminole Nation of Oklahoma, except that the investment 
income from not more than 20 per centum of the fund may be 
distributed per capita from time to time in the discretion of the 
tribal governing authority pursuant to a distribution plan approved 
by the Secretary. No per capita distribution shall occur pursuant to 
this subsection until a roll of members of the Seminole Nation of 
Oklahoma born on or before and living on the date of enactment of 
this Act has been certified by the Secretary. 
(c) The interests of minors and other legally incompetent persons 
who are entitled to receive any portion of such funds as are subse-
quently distributed to them will be protected and preserved: Pro-
vided, That such funds may be disbursed to the parents or legal 
guardians of such minors or legal incompetents in such amounts as 
may be necessary for the minors or legal incompetents' health, 
education, welfare, or emergencies under a plan or plans approved 
by the Secretary and the tribal governing body of the Indian tribe 
involved. 
(d) A plan for the use and distribution of the judgment funds 
referred to in this Act shall be implemented by the Secretary 
immediately at the end of the sixty-day period (excluding days on 
which either the House of Representatives or the Senate is not in 
session because of an adjournment of more than three calendar days 
to a day certain) beginning on the day such plan is submitted to the 
Congress, unless during such sixty-day period a joint resolution is 
enacted disapproving such plan. 
(e) Tribal investment decisions under a plan shall be subject to the 
approval of the Secretary. Approval shall be granted within a 
reasonable time unless the Secretary determines, in writing, that 
the investment would not be reasonable or prudent or would other-
wise not be in accord with the provisions of this section. 
(f) Neither the United States nor the Secretary shall be liable, 
because of the Secretary's approval of an investment decision under 
this section, for any losses in connection with such investment 
decision. 
SEC. 5. The Secretary shall pay the governing body of the Semi-
nole Tribe of Florida such portion of the amount held in trust for 
that tribe under section 2 of this Act to be allocated or invested as 
the tribal governing body determines to be in the economic or social 
interest of the tribe within sixty days after submission of an appro-
priate resolution by the tribal governing body. 
SEC. 6. Notwithstanding any other provision of this Act, no plan 
for the use and distribution of the share of the funds allocated to the 
Miccosukee Tribe of Indians of Florida shall be prepared or imple-
mented and no funds allocated to the Miccosukee Tribe of Indians of 
Florida shall be distributed to the tribe, its members, or any other 
person unless such plan or distribution is duly authorized by the 
General Council of the Miccosukee Tribe or by a referendum vote of 
the members of the tribe duly called by the General Council of the 
PUBLIC LAW 101-277—APR. 30, 1990 
104 STAT. 145 
tribe at which a negative vote is permitted. Such funds (and the 
interest therefrom) shall be held in trust by the United States and 
invested as provided in the Act of June 24, 1938 (52 Stat. 1037, as 
amended; 25 U.S.C. 162a), except that part or all of the amount may 
from time to time be paid to the governing body of the Miccosukee 
Tribe of Indians of Florida as may be authorized under this section. 
SEC. 7. (a) The Secretary shall invest the funds allocated to the 
independent Seminole Indians of Florida (as a group) under section 
2 in accordance with subsection (a) of the first section of the Act of 
June 24, 1938 (52 Stat. 1037, as amended; 25 U.S.C. 162a) until the 
date on which the funds are distributed under subsection (c). 
(b)(1) Under regulations prescribed by the Secretary, the Secretary Regulations, 
shall compile a role of those independent individuals of Seminole 
Indian lineal descent who— 
(A) were born on or before, and are living on, the date of 
enactment of this Act; 
(B) are listed on or are lineal descendants of persons listed on 
the annotated Seminole Agency Census of 1957 as independent 
Seminoles; and 
(C) are not members of an Indian tribe recognized by the 
Secretary on the most recent list of such Indian tribes published 
in the Federal Register. 
Such persons listed on this roll shall constitute the independent 
Seminoles referred to in this Act. 
(2) All determinations in the preparation of the roll under para-
graph (1) of this subsection shall be based on timely applications for 
inclusions on the roll supported by evidence satisfactory to the 
Secretary. The Secretary shall not include any person on the roll 
who has not made formal application in writing to be included, and 
who has not met the requirements of paragraph (1) (A), (B), and (C). 
(c) As soon as practicable after the roll required under subsection 
(b) has been compiled, the funds allocated to the independent Semi-
nole Indians of Florida (as a group) under section 2, including all 
interest and investment income accrued thereon to the date of 
payment, except as provided for in subsection (d), shall be distrib-
uted on a per capita basis, in payments as equal as possible, only to 
those independent Seminole Indians of Florida enrolled under 
subsection (b) who make timely application to the Secretary. The 
Secretary shall not distribute any funds to any Seminoles who are 
not on the roll prepared pursuant to subsection (b) or who do not 
make timely application to the Secretary. 
(d) Except for the persons who make application and are included 
on the roll prepared pursuant to section 7(b)(1), and who make 
application and accept a per capita share of the distribution pursu-
ant to subsection (c), the payment and distribution of the award in 
accordance with this Act shall not be construed to impair, diminish 
or affect in any manner any rights and claims of the independent 
Seminole Indians, either as a group or individually, to any lands or 
natural resources in the State. 
SEC. 8. (a) The funds allocated pursuant to this Act are hereby 
declared to be held in trust by the United States for the benefit of 
the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, 
the Miccosukee Tribe of Indians of Florida, and the independent 
Seminole Indians of Florida respectively. 
(b) None of the funds held in trust by the United States under this 
Act (including interest and investment income accrued on such 
funds while such funds are held in trust by the United States), and 
104 STAT. 146 
PUBLIC LAW 101-277—APR. 30, 1990 
none of the funds distributed per capita or made available under 
this Act for programs, shall be subject to Federal, State, or local 
income taxes, nor shall such funds nor their availability be consid-
ered as income or resources or otherwise utilized as the basis for 
denying or reducing the financial assistance or other benefits to 
which such household or member would otherwise be entitled under 
the Social Security Act or, except for per capita payments in excess 
of $2,000, any other Federal or federally assisted program. 
Approved April 30, 1990. 
LEGISLATIVE HISTORY—S. 1096: 
HOUSE REPORTS: No. 101-399 (Ck)mm. on Interior and Insular Affairs) and 
No. 101-439 (Comm. of Conference). 
SENATE REPORTS: No. 101-212 (Select Ck)mm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Nov. 21, considered and passed Senate. 
Vol. 136 (1990): Feb. 6, considered and passed House, amended. 
Apr. 3, House agreed to conference report. 
Apr. 5, Senate agreed to conference report.