To provide for the distribution of judgment funds to the Assiniboine and Sioux Tribes of the Fort Peck Reservation.

February 24, 2003

Mr. BAUCUS introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

To provide for the distribution of judgment funds to the Assiniboine and Sioux Tribes of the Fort Peck Reservation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Assiniboine and Sioux Tribes of the Fort Peck Reservation Judgment Fund Distribution Act of 2003'.

SEC. 2. FINDINGS AND PURPOSE.

(a) FINDINGS- Congress finds that--

(1) on December 18, 1987, the Assiniboine and Sioux Tribes of the Fort Peck Reservation and 5 individual Fort Peck tribal members filed a complaint before the United States Claims Court (currently the Court of Federal Claims) in Assiniboine and Sioux Tribes of the Fort Peck Reservation, et al, v. The United States of America, Docket No. 773-87-L to recover interest earned on trust funds while those funds were held in special deposit and IMPL-agency accounts;

(2) in the case referred to in paragraph (1), the Court held that the United States was liable for any income derived from investment of the trust funds of the Tribe and individual members of the Tribe for the period during which those funds were held in special deposit and IMPL-agency accounts;

(3) the plaintiffs in the case referred to in paragraph (1) entered into a settlement with the United States for claims made under Docket No. 773-87-L on December 31, 1998, for payment by the United States of--

(A) $1,339,415.33, representing interest earned on funds while held in Special Deposit accounts at the Fort Peck Agency during the period August 13, 1946, through September 30, 1981;

(B) $2,749,354.41, representing--

(i) interest on the principal indebtedness for the period from August 13, 1946, through July 31, 1998; plus

(ii) $364.27 in per diem interest on the principal indebtedness for each day during the period commencing August 1, 1998, and ending on the date on which the judgment is paid; and

(C) $350,000, representing the litigation costs and attorney's fees that the Tribe incurred to prosecute those claims;

(4) the terms of the settlement were approved by the Court on January 8, 1999, and judgment was entered on January 12, 1999;

(5) on March 18, 1999, $4,522,551.84 was transferred to the Department of the Interior;

(6) that judgment amount was deposited in an escrow account established to provide--

(A) $350,000 for the payment of attorney's fees and expenses; and

(B) $4,172,551.84 for pending Court-ordered distribution to the Tribe and individual Indian trust beneficiaries;

(7) on January 31, 2001, the Court approved a joint stipulation that established procedures for--

(A) identification of the class of individual Indians having an interest in the judgment;

(B) notice to and certification of that class; and

(C) the distribution of the judgment amount to the Tribe and affected class of individual Indians;

(8)(A) on or about February 14, 2001, in accordance with the Court-approved stipulation, $643,186.73 was transferred to an account established by the Secretary for the benefit of the Tribe; and

(B) that transferred amount represents--

(i) 54.2 percent of the Tribe's estimated 26-percent share of the amount referred to in paragraph (6)(B); plus

(ii) 50 percent of the Tribe's estimated 26-percent share of interest and capital gains earned on the judgment amount from the period beginning March 18, 1999, and ending on December 31, 2000;

(9) under the Court-approved stipulation--

(A) that transferred amount is to remain available for use by the Tribe in accordance

with a plan adopted under the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.);

(B) the Tribe will most likely receive additional payments from the distribution amount once the identification of all individuals eligible to share in the distribution amount is completed and the pro rata shares are calculated; and

(C) those additional payments would include--

(i) the balance of the share of the Tribe of the distribution amount and investment income earned on the distribution amount;

(ii) the portion of the distribution amount that represents income derived on funds in special deposit accounts that are not attributable to the Tribe or any individual Indian; and

(iii) the portion of the distribution amount that represents shares attributable to individual Indians that--

(I) cannot be located for purposes of accepting payment; and

(II) will not be bound by the judgment in the case referred to in paragraph (1); and

(10) pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et. seq.), the Secretary is required to submit to Congress for approval an Indian judgment fund use or distribution plan.

SEC. 3. DEFINITIONS.

In this Act:

(1) COURT- The term `Court' means the United States Court of Federal Claims.

(2) DISTRIBUTION AMOUNT- The term `distribution amount' means the amount referred to in section 2(6)(B).

(3) JUDGMENT AMOUNT- The term `judgment amount' means the amount referred to in section 2(a)(5).

(4) PRINCIPAL INDEBTEDNESS- The term `principal indebtedness' means the sum referred to in section 2(a)(3)(A).

(5) TRIBE- The term `Tribe' means the Assiniboine and Sioux Tribes of the Fort Peck Reservation.

SEC. 4. DISTRIBUTION OF JUDGMENT FUNDS.

(a) IN GENERAL- Notwithstanding any provision of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) to the contrary, the share of the Tribe of the distribution amount, and such additional amounts as may be awarded to the Tribe by the Court with respect to the case referred to in section 2(a)(1) (including any interest accrued on those amounts)--

(1) shall be made available for tribal health, education, housing and social services programs of the Tribe, including--

(A) educational and youth programs;

(B) programs for improvement of facilities and housing;

(C) programs to provide equipment for public utilities;

(D) programs to provide medical assistance or dental, optical, or convalescent equipment; and

(E) programs to provide senior citizen and community services; and

(2) shall not be available for per capita distribution to any member of the Tribe.

(b) BUDGET SPECIFICATION- The specific programs for which funds are made available under subsection (a)(1), and the amount of funds allocated to each of those programs, shall be specified in an annual budget developed by the Tribe and approved by the Secretary.

SEC. 5. APPLICABLE LAW.

Except as provided in section 4(a), all funds distributed under this Act are subject to sections 7 and 8 of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407, 1408).

END