[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 1604 Enrolled Bill (ENR)]
H.R.1604
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To 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, 364, and 18-R before the Indian Claims Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Michigan Indian Land Claims
Settlement Act''.
OTTAWA AND CHIPPEWA INDIANS OF MICHIGAN

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The table of contents for this Act is as follows:

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TITLE I

-DIVISION, USE, AND DISTRIBUTION OF JUDGMENT FUNDS OF THE

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-DIVISION, USE, AND DISTRIBUTION OF JUDGMENT FUNDS OF THE OTTAWA

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(a) Findings.--Congress finds the following:
(1) Judgments were rendered in the Indian Claims Commission in
dockets numbered 18-E, 58, and 364 in favor of the Ottawa and
Chippewa Indians of Michigan and in docket numbered 18-R in favor
of the Sault Ste. Marie Band of Chippewa Indians.
(2) The funds Congress appropriated to pay these judgments 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.

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TITLE II

-LIMITATION ON HEALTH CARE CONTRACTS AND COMPACTS FOR THE

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 amount 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 judgment
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.

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(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
additional 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.
(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 distribution 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
recognized 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 distribution 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.
(d) Amounts for Newly Recognized or Reaffirmed Tribes or
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.

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(a) Disbursement of Funds.--(1) Except as provided in paragraphs
(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 accordance 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 otherwise
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 meeting on its proposed
plan. The tribe shall submit to the Secretary its plan together with an
accompanying 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
(B) if the plan does not comply with the provisions of section
3(b) of the Indian Tribal Judgment Funds Use or Distribution 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 Tribal 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).

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(a) Preparation.--
(1) In general.--The Secretary shall prepare, in accordance
with parts 61 and 62 of title 25, Code of Federal Regulations, a
judgment distribution roll of all citizens of the United States
who--
(A) were born 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 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 after 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 superintendent,
Michigan 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 pursuant 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 predominantly
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 February 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 Payroll
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 distribution
roll of descendants prepared pursuant to this section, the Secretary
shall distribute per capita the funds described in 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 legally 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.

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FUNDS.
(a) Tribal Land Trust.--(1) The Executive Council of the Bay Mills
Indian Community shall establish a nonexpendable trust to be known as
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 share 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 payment
for services shall be made from the current income accounts of the
trust and charged against 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 payment 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 nonexpendable 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 Indian Community 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 pursuant to subsections (a) and
(c);
(B) 10 percent of the annual earnings 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 payment 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
(C)(i) 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 Community
who is eligible for payment under subsection (b)(3), 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 Community
who is at least 55 years of age and who is eligible for payment under
subsection (b)(3), 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 Community, or used or
expended for any other purpose by the Executive Council.
(7) The Land Claims Distribution 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
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.
(8) Notwithstanding any other provision of law, the approval of the
Secretary of any payment from the Land Claims Distribution Trust Fund
shall not be required and the Secretary shall have no trust
responsibility for the investment, supervision, administration, 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 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 and 69 years
shall receive 2 shares.
(3) Each member who is 70 years of age or older shall receive 3
shares.

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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.
(2) The board of directors shall be the trustee of the Self-
Sufficiency Fund and shall administer the Fund in accordance with
the provisions of this section.
(b) Use of Principal.--
(1) The principal of the Self-Sufficiency 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 payments.
(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 prepare 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 transfer 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 any other provision of law, after the
transfer required by paragraph (1) the approval of the Secretary
for any payment or distribution from the principal or income of the
Self-Sufficiency Fund shall not be required and the Secretary 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 from interest or
other income of the Self-Sufficiency Fund shall be held in trust by the
Secretary for the benefit of the tribe.

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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 payment 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
payment 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 payment to all eligible members.
(2) The loan secured pursuant to this subsection shall be amortized
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 loan.
(2) Upon establishment of the Elders' Trust Fund, the Tribal
Council of the Band shall make a one-time payment 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.
(B) $1,000 for each member who has attained 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
after 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 shares 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 prepare 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 annual 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 payment under this section, payment 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 expenditure of the Land Claims Distribution Trust
Fund or the Elders' Trust Fund.

c1434d3d4cd3837a656aa09649bf81ab17f45e4bf9c2401f5a927b6eb6babdd0

(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 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
enactment 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 Indian 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 pursuant to subsection (a) is federally
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 Individuals.--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 provided to
Congress. If no membership list is provided to Congress, the
Secretary shall use the most recent membership list provided
with the tribe's petition for acknowledgment under part 83 of
title 25, Code of Federal Regulations. If no such list was
provided to Congress or under such part, the newly recognized
tribe shall submit a membership list 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 pursuant
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 Federal acknowledgment 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 recognized
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.

f14b28e1fba2563d4a232e195575409de8844d22e78b43bf6ebf9961f04870d0

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
payment or other benefit to such tribe, individual, or household
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.

dd797ce7f050e405519b9ac082d14fd834e13048ee75bd701937b4e74e7e9d44

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.
KETCHIKAN GATEWAY BOROUGH

82b15d1a03a29e82cec7c81ac9afec94ecc9dbcef716866437c203e5c8d3af43

Congress finds that--
(1) the execution of more than 1 contract or compact between an
Alaska Native village or regional or village corporation 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.

339f428d9be3e1c1e4fcb71d99b472c6cd1adcef1f785b4b3db0b18af50ca023

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 or village
corporation'' means an Alaska Native village or regional or village
corporation defined in, or established pursuant 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.

555fe00d8134c8dbd962385966c30fd7cf2c7265d6b1af3fe6645497eb4a0035

(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 potential 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

fe4a339b1066930b99fefe82a728cdbc180f638e14f74d04af5f20931f94f00c

Michigan Indian Land Claims Settlement Act

Other Sections

TITLE I

TITLE I

TITLE II

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