108th CONGRESS
1st Session
H. R. 458
To provide for the use and distribution of certain funds awarded
to the Gila River Pima-Maricopa Indian Community, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 29, 2003
Mr. HAYWORTH (for himself and Mr. GRIJALVA) introduced the following bill;
which was referred to the Committee on Resources
A BILL
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(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:
Sec. 1. Short title; table of contents.
TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION
Sec. 101. Distribution of judgment funds.
Sec. 102. Responsibility of Secretary; applicable law.
TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS
Sec. 201. Plan for use and distribution of judgment funds awarded in Docket
No. 228.
Sec. 202. Plan for use and distribution of judgment funds awarded in Docket
No. 236-N.
TITLE III--EXPERT ASSISTANCE LOANS
Sec. 301. Waiver of repayment of expert assistance loans to Gila River Indian
Community.
SEC. 2. FINDINGS.
(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 Dockets 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 Dockets 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.
SEC. 3. DEFINITIONS.
(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 Dockets 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.
TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION
SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS.
(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 Dockets 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).
(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.
(1) IN GENERAL- The Secretary shall deposit the shares of minors described
in subsection (c)(2) in supervised IIM accounts.
(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.
SEC. 102. RESPONSIBILITY OF SECRETARY; APPLICABLE LAW.
(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).
TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS
SEC. 201. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS AWARDED 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.
SEC. 202. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS AWARDED 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)).
(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.'.
TITLE III--EXPERT ASSISTANCE LOANS
SEC. 301. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO GILA 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.
END
