[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 162 Enrolled Bill (ENR)]
S.162
One Hundred Eighth 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, two thousand and three
An Act
To provide for the use and distribution of certain funds awarded to the
Gila River Pima-Maricopa Indian Community, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Gila River Indian
Community Judgment Fund Distribution Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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TITLE II

-CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS

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TITLE III

-EXPERT ASSISTANCE LOANS

Congress finds that--
(1) on August 8, 1951, the Gila River Indian Community filed a
complaint before the Indian Claims Commission in Gila River Pima-
Maricopa Indian Community v. United States, Docket No. 236, for the
failure of the United States to carry out its obligation to protect
the use by the Community of water from the Gila River and the Salt
River in the State of Arizona;
(2) except for Docket Nos. 236-C and 236-D, which remain
undistributed, all 14 original dockets under Docket No. 236 have
been resolved and distributed;
(3) in Gila River Pima-Maricopa Indian Community v. United
States, 29 Ind. Cl. Comm. 144 (1972), the Indian Claims Commission
held that the United States, as trustee, was liable to the
Community with respect to the claims made in Docket No. 236-C;
(4) in Gila River Pima-Maricopa Indian Community v. United
States, 684 F.2d 852 (1982), the United States Claims Court held
that the United States, as trustee, was liable to the Community
with respect to the claims made in Docket No. 236-D;
(5) with the approval of the Community under Community
Resolution GR-98-98, the Community entered into a settlement with
the United States on April 27, 1999, for claims made under Docket
Nos. 236-C and 236-D for an aggregate total of $7,000,000;
(6) on May 3, 1999, the United States Court of Federal Claims
ordered that a final judgment be entered in consolidated Docket
Nos. 236-C and 236-D for $7,000,000 in favor of the Community and
against the United States;
(7)(A) on October 6, 1999, the Department of the Treasury
certified the payment of $7,000,000, less attorney fees, to be
deposited in a trust account on behalf of the Community; and
(B) that payment was deposited in a trust account managed by
the Office of Trust Funds Management of the Department of the
Interior; and
(8) in accordance with the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is
required to submit an Indian judgment fund use or distribution plan
to Congress for approval.

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In this Act:
(1) Adult.--The term ``adult'' means an individual who--
(A) is 18 years of age or older as of the date on which the
payment roll is approved by the Community; or
(B) will reach 18 years of age not later than 30 days after
the date on which the payment roll is approved by the
Community.
(2) Community.--The term ``Community'' means the Gila River
Indian Community.
(3) Community-owned funds.--The term ``Community-owned funds''
means--
(A) funds held in trust by the Secretary as of the date of
enactment of this Act that may be made available to make
payments under section 101; or
(B) revenues held by the Community that--
(i) are derived from trust resources; and
(ii) qualify for an exemption under section 7 or 8 of
the Indian Tribal Judgment Funds Use or Distribution Act
(25 U.S.C. 1407, 1408).
(4) IIM account.--The term ``IIM account'' means an individual
Indian money account.
(5) Judgment funds.--The term ``judgment funds'' means the
aggregate amount awarded to the Community by the Court of Federal
Claims in Docket Nos. 236-C and 236-D.
(6) Legally incompetent individual.--The term ``legally
incompetent individual'' means an individual who has been
determined to be incapable of managing his or her own affairs by a
court of competent jurisdiction.
(7) Minor.--The term ``minor'' means an individual who is not
an adult.
(8) Payment roll.--The term ``payment roll'' means the list of
eligible, enrolled members of the Community who are eligible to
receive a payment under section 101(a), as prepared by the
Community under section 101(b).
(9) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.

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(a) Per Capita Payments.--Notwithstanding the Indian Tribal
Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) or any
other provision of law (including any regulation promulgated or plan
developed under such a law), the amounts paid in satisfaction of an
award granted to the Gila River Indian Community in Docket Nos. 236-C
and 236-D before the United States Court of Federal Claims, less
attorney fees and litigation expenses and including all accrued
interest, shall be distributed in the form of per capita payments (in
amounts as equal as practicable) to all eligible enrolled members of
the Community.
(b) Preparation of Payment Roll.--
(1) In general.--The Community shall prepare a payment roll of
eligible, enrolled members of the Community that are eligible to
receive payments under this section in accordance with the criteria
described in paragraph (2).
(2) Criteria.--
(A) Individuals eligible to receive payments.--Subject to
subparagraph (B), the following individuals shall be eligible
to be listed on the payment roll and eligible to receive a per
capita payment under subsection (a):
(i) All enrolled Community members who are eligible to
be listed on the per capita payment roll that was approved
by the Secretary for the distribution of the funds awarded
to the Community in Docket No. 236-N (including any
individual who was inadvertently omitted from that roll).
(ii) All enrolled Community members who are living on
the date of enactment of this Act.
(iii) All enrolled Community members who died--
(I) after the effective date of the payment plan
for Docket No. 236-N; but
(II) on or before the date of enactment of this
Act.
(B) Individuals ineligible to receive payments.--The
following individuals shall be ineligible to be listed on the
payment roll and ineligible to receive a per capita payment
under subsection (a):
(i) Any individual who, before the date on which the
Community approves the payment roll, relinquished
membership in the Community.
(ii) Any minor who relinquishes membership in the
Community, or whose parent or legal guardian relinquishes
membership on behalf of the minor, before the date on which
the minor reaches 18 years of age.
(iii) Any individual who is disenrolled by the
Community for just cause (such as dual enrollment or
failure to meet the eligibility requirements for
enrollment).
(iv) Any individual who is determined or certified by
the Secretary to be eligible to receive a per capita
payment of funds relating to a judgment--
(I) awarded to another community, Indian tribe, or
tribal entity; and
(II) appropriated on or before the date of
enactment of this Act.
(v) Any individual who is not enrolled as a member of
the Community on or before the date that is 90 days after
the date of enactment of this Act.
(c) Notice to Secretary.--On approval by the Community of the
payment roll, the Community shall submit to the Secretary a notice that
indicates the total number of individuals eligible to share in the per
capita distribution under subsection (a), as expressed in subdivisions
that reflect--
(1) the number of shares that are attributable to eligible
living adult Community members; and
(2) the number of shares that are attributable to deceased
individuals, legally incompetent individuals, and minors.
(d) Information Provided to Secretary.--The Community shall provide
to the Secretary enrollment information necessary to allow the
Secretary to establish--
(1) estate accounts for deceased individuals described in
subsection (c)(2); and
(2) IIM accounts for legally incompetent individuals and minors
described in subsection (c)(2).
(e) Disbursement of Funds.--
(1) In general.--Not later than 30 days after the date on which
the payment roll is approved by the Community and the Community has
reconciled the number of shares that belong in each payment
subdivision described in subsection (c), the Secretary shall
disburse to the Community the funds necessary to make the per
capita distribution under subsection (a) to eligible living adult
members of the Community described in subsection (c)(1).
(2) Administration and distribution.--On disbursement of the
funds under paragraph (1), the Community shall bear sole
responsibility for administration and distribution of the funds.
(f) Shares of Deceased Individuals.--
(1) In general.--The Secretary, in accordance with regulations
promulgated by the Secretary and in effect as of the date of
enactment of this Act, shall distribute to the appropriate heirs
and legatees of deceased individuals described in subsection (c)(2)
the per capita shares of those deceased individuals.
(2) Absence of heirs and legatees.--If the Secretary and the
Community make a final determination that a deceased individual
described in subsection (c)(2) has no heirs or legatees, the per
capita share of the deceased individual and the interest earned on
that share shall--
(A) revert to the Community; and
(B) be deposited into the general fund of the Community.
(g) Shares of Legally Incompetent Individuals.--
(1) In general.--The Secretary shall deposit the shares of
legally incompetent individuals described in subsection (c)(2) in
supervised IIM accounts.
(2) Administration.--The IIM accounts described in paragraph
(1) shall be administered in accordance with regulations and
procedures established by the Secretary and in effect as of the
date of enactment of this Act.
(h) Shares of Minors.--
(1) In general.--The Secretary shall deposit the shares of
minors described in subsection (c)(2) in supervised IIM accounts.
(2) Administration.--
(A) In general.--The Secretary shall hold the per capita
share of a minor described in subsection (c)(2) in trust until
such date as the minor reaches 18 years of age.
(B) Nonapplicable law.--Section 3(b)(3) of the Indian
Tribal Judgment Funds Use or Distribution Act (25 U.S.C.
1403(b)(3)) shall not apply to any per capita share of a minor
that is held by the Secretary under this Act.
(C) Disbursement.--No judgment funds, nor any interest
earned on judgment funds, shall be disbursed from the account
of a minor described in subsection (c)(2) until such date as
the minor reaches 18 years of age.
(i) Payment of Eligible Individuals Not Listed on Payment Roll.--
(1) In general.--An individual who is not listed on the payment
roll, but is eligible to receive a payment under this Act, as
determined by the Community, may be paid from any remaining
judgment funds after the date on which--
(A) the Community makes the per capita distribution under
subsection (a); and
(B) all appropriate IIM accounts are established under
subsections (g) and (h).
(2) Insufficient funds.--If insufficient judgment funds remain
to cover the cost of a payment described in paragraph (1), the
Community may use Community-owned funds to make the payment.
(3) Minors, legally incompetent individuals, and deceased
individuals.--In a case in which a payment described in paragraph
(2) is to be made to a minor, a legally incompetent individual, or
a deceased individual, the Secretary--
(A) is authorized to accept and deposit funds from the
payment in an IIM account or estate account established for the
minor, legally incompetent individual, or deceased individual;
and
(B) shall invest those funds in accordance with applicable
law.
(j) Use of Residual Funds.--On request by the governing body of the
Community to the Secretary, and after passage by the governing body of
the Community of a tribal council resolution affirming the intention of
the governing body to have judgment funds disbursed to, and deposited
in the general fund of, the Community, any judgment funds remaining
after the date on which the Community completes the per capita
distribution under subsection (a) and makes any appropriate payments
under subsection (i) shall be disbursed to, and deposited in the
general fund of, the Community.
(k) Reversion of Per Capita Shares to Tribal Ownership.--
(1) In general.--In accordance with the first section of Public
Law 87-283 (25 U.S.C. 164), the share for an individual eligible to
receive a per capita share under subsection (a) that is held in
trust by the Secretary, and any interest earned on that share,
shall be restored to Community ownership if, for any reason--
(A) subject to subsection (i), the share cannot be paid to
the individual entitled to receive the share; and
(B) the share remains unclaimed for the 6-year period
beginning on the date on which the individual became eligible
to receive the share.
(2) Request by community.--In accordance with subsection (j),
the Community may request that unclaimed funds described in
paragraph (1)(B) be disbursed to, and deposited in the general fund
of, the Community.

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TITLE I

-GILA RIVER JUDGMENT FUND DISTRIBUTION

(a) Responsibility for Funds.--After the date on which funds are
disbursed to the Community under section 101(e)(1), the United States
and the Secretary shall have no trust responsibility for the
investment, supervision, administration, or expenditure of the funds
disbursed.
(b) Deceased and Legally Incompetent Individuals.--Funds subject to
subsections (f) and (g) of section 101 shall continue to be held in
trust by the Secretary until the date on which those funds are
disbursed under this Act.
(c) Applicability of Other Law.--Except as otherwise provided in
this Act, all funds distributed under this Act shall be subject to
sections 7 and 8 of the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1407, 1408).

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IN DOCKET NO. 228.
(a) Definition of Plan.--In this section, the term ``plan'' means
the plan for the use and distribution of judgment funds awarded to the
Community in Docket No. 228 of the United States Claims Court (52 Fed.
Reg. 6887 (March 5, 1987)), as modified in accordance with Public Law
99-493 (100 Stat. 1241).
(b) Conditions.--Notwithstanding any other provision of law, the
Community shall modify the plan to include the following conditions
with respect to funds distributed under the plan:
(1) Applicability of other law relating to minors.--Section
3(b)(3) of the Indian Tribal Judgment Funds Use or Distribution Act
(25 U.S.C. 1403(b)(3)) shall not apply to any per capita share of a
minor that is held, as of the date of enactment of this Act, by the
Secretary.
(2) Share of minors in trust.--The Secretary shall hold a per
capita share of a minor described in paragraph (1) in trust until
such date as the minor reaches 18 years of age.
(3) Disbursal of funds for minors.--No judgment funds, nor any
interest earned on judgment funds, shall be disbursed from the
account of a minor described in paragraph (1) until such date as
the minor reaches 18 years of age.
(4) Use of remaining judgment funds.--On request by the
governing body of the Community, as manifested by the appropriate
tribal council resolution, any judgment funds remaining after the
date of completion of the per capita distribution under section
101(a) shall be disbursed to, and deposited in the general fund of,
the Community.

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IN DOCKET NO. 236-N.
(a) Definition of Plan.--In this section, the term ``plan'' means
the plan for the use and distribution of judgment funds awarded to the
Community in Docket No. 236-N of the United States Court of Federal
Claims (59 Fed. Reg. 31092 (June 16, 1994)).
(b) Conditions.--
(1) Per capita aspect.--Notwithstanding any other provision of
law, the Community shall modify the last sentence of the paragraph
under the heading ``Per Capita Aspect'' in the plan to read as
follows: ``Upon request from the Community, any residual principal
and interest funds remaining after the Community has declared the
per capita distribution complete shall be disbursed to, and
deposited in the general fund of, the Community.''.
(2) General provisions.--Notwithstanding any other provision of
law, the Community shall--
(A) modify the third sentence of the first paragraph under
the heading ``General Provisions'' of the plan to strike the
word ``minors''; and
(B) insert between the first and second paragraphs under
that heading the following:
``Section 3(b)(3) of the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to any per
capita share of a minor that is held, as of the date of enactment
of the Gila River Indian Community Judgment Fund Distribution Act
of 2003, by the Secretary. The Secretary shall hold a per capita
share of a minor in trust until such date as the minor reaches 18
years of age. No judgment funds, or any interest earned on judgment
funds, shall be disbursed from the account of a minor until such
date as the minor reaches 18 years of age.''.

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RIVER INDIAN COMMUNITY.
Notwithstanding any other provision of law--
(1) the balance of all outstanding expert assistance loans made
to the Community under Public Law 88-168 (77 Stat. 301) and
relating to Gila River Indian Community v. United States (United
States Court of Federal Claims Docket Nos. 228 and 236 and
associated subdockets) are canceled; and
(2) the Secretary shall take such action as is necessary--
(A) to document the cancellation of loans under paragraph
(1); and
(B) to release the Community from any liability associated
with those loans.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Gila River Indian Community Judgment Fund Distribution Act of 2003 — S. 162

Other Sections

TITLE II

TITLE III

TITLE I

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