[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 391 Enrolled Bill (ENR)]
S.391
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To provide for the disposition of certain funds appropriated to pay
judgment in favor of the Mississippi Sioux Indians, 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.
This Act may be cited as the ``Mississippi Sioux Tribes Judgment
Fund Distribution Act of 1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered indian tribe.--The term ``covered Indian tribe''
means an Indian tribe listed in section 4(a).
(2) Fund account.--The term ``Fund Account'' means the
consolidated account for tribal trust funds in the Treasury of the
United States that is managed by the Secretary--
(A) through the Office of Trust Fund Management of the
Department of the Interior; and
(B) in accordance with the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Tribal governing body.--The term ``tribal governing body''
means the duly elected governing body of a covered Indian tribe.
SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN FUNDS BY, THE SISSETON AND
WAHPETON TRIBES OF SIOUX INDIANS.
Notwithstanding any other provision of law, including Public Law
92-555 (25 U.S.C. 1300d et seq.), any funds made available by
appropriations under chapter II of Public Law 90-352 (82 Stat. 239) to
the Sisseton and Wahpeton Tribes of Sioux Indians to pay a judgment in
favor of those Indian tribes in Indian Claims Commission dockets
numbered 142 and 359, including interest, that, as of the date of
enactment of this Act, have not been distributed, shall be distributed
and used in accordance with this Act.
SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES.
(a) In General.--
(1) Amount distributed.--
(A) In general.--Subject to section 8(e) and if no action
is filed in a timely manner (as determined under section 8(d))
raising any claim identified in section 8(a), not earlier than
365 days after the date of enactment of this Act and not later
than 415 days after the date of enactment of this Act, the
Secretary shall transfer to the Fund Account to be credited to
accounts established in the Fund Account for the benefit of the
applicable governing bodies under paragraph (2) an aggregate
amount determined under subparagraph (B).
(B) Aggregate amount.--The aggregate amount referred to in
subparagraph (A) is an amount equal to the remainder of--
(i) the funds described in section 3; minus
(ii) an amount equal to 71.6005 percent of the funds
described in section 3.
(2) Distribution of funds to accounts in the fund account.--The
Secretary shall ensure that the aggregate amount transferred under
paragraph (1) is allocated to the accounts established in the Fund
Account as follows:
(A) 28.9276 percent of that amount shall be allocated to
the account established for the benefit of the tribal governing
body of the Spirit Lake Tribe of North Dakota.
(B) 57.3145 percent of that amount, after payment of any
applicable attorneys' fees and expenses by the Secretary under
the contract numbered A00C14202991, approved by the Secretary
on August 16, 1988, shall be allocated to the account
established for the benefit of the tribal governing body of the
Sisseton and Wahpeton Sioux Tribe of South Dakota.
(C) 13.7579 percent of that amount shall be allocated to
the account established for the benefit of the tribal governing
body of the Assiniboine and Sioux Tribes of the Fort Peck
Reservation in Montana, as designated under subsection (c).
(b) Use.--Amounts distributed under this section to accounts
referred to in subsection (d) for the benefit of a tribal governing
body shall be distributed and used in a manner consistent with section
5.
(c) Tribal Governing Body of Assiniboine and Sioux Tribes of Fort
Peck Reservation.--For purposes of making distributions of funds
pursuant to this Act, the Sisseton and Wahpeton Sioux Council of the
Assiniboine and Sioux Tribes shall act as the governing body of the
Assiniboine and Sioux Tribes of the Fort Peck Reservation.
(d) Tribal Trust Fund Accounts.--The Secretary of the Treasury, in
cooperation with the Secretary of the Interior, acting through the
Office of Trust Fund Management of the Department of the Interior,
shall ensure that such accounts as are necessary are established in the
Fund Account to provide for the distribution of funds under subsection
(a)(2).
SEC. 5. USE OF DISTRIBUTED FUNDS.
(a) Prohibition.--No funds allocated for a covered Indian tribe
under section 4 may be used to make per capita payments to members of
the covered Indian tribe.
(b) Purposes.--The funds allocated under section 4 may be used,
administered, and managed by a tribal governing body referred to in
section 4(a)(2) only for the purpose of making investments or
expenditures that the tribal governing body determines to be reasonably
related to--
(1) economic development that is beneficial to the covered
Indian tribe;
(2) the development of resources of the covered Indian tribe;
(3) the development of programs that are beneficial to members
of the covered Indian tribe, including educational and social
welfare programs;
(4) the payment of any existing obligation or debt (existing as
of the date of the distribution of the funds) arising out of any
activity referred to in paragraph (1), (2), or (3);
(5)(A) the payment of attorneys' fees or expenses of any
covered Indian tribe referred to in subparagraph (A) or (C) of
section 4(a)(2) for litigation or other representation for matters
arising out of the enactment of Public Law 92-555 (25 U.S.C. 1300d
et seq.); except that
(B) the amount of attorneys' fees paid by a covered Indian
tribe under this paragraph with funds distributed under section 4
shall not exceed 10 percent of the amount distributed to that
Indian tribe under that section;
(6) the payment of attorneys' fees or expenses of the covered
Indian tribe referred to in section 4(a)(2)(B) for litigation and
other representation for matters arising out of the enactment of
Public Law 92-555 (25 U.S.C. 1300d et seq.), in accordance, as
applicable, with the contracts numbered A00C14203382 and
A00C14202991, that the Secretary approved on February 10, 1978 and
August 16, 1988, respectively; or
(7) the payment of attorneys' fees or expenses of any covered
Indian tribe referred to in section 4(a)(2) for litigation or other
representation with respect to matters arising out of this Act.
(c) Management.--Subject to subsections (a), (b), and (d), any
funds distributed to a covered Indian tribe pursuant to sections 4 and
7 may be managed and invested by that Indian tribe pursuant to the
American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.).
(d) Withdrawal of Funds by Covered Tribes.--
(1) In general.--Subject to paragraph (2), each covered Indian
tribe may, at the discretion of that Indian tribe, withdraw all or
any portion of the funds distributed to the Indian tribe under
sections 4 and 7 in accordance with the American Indian Trust Fund
Management Reform Act (25 U.S.C. 4001 et seq.).
(2) Exemption.--For purposes of paragraph (1), the requirements
under subsections (a) and (b) of section 202 of the American Indian
Trust Fund Management Reform Act (25 U.S.C. 4022 (a) and (b)) and
section 203 of such Act (25 U.S.C. 4023) shall not apply to a
covered Indian tribe or the Secretary.
(3) Rule of construction.--Nothing in paragraph (2) may be
construed to limit the applicability of section 202(c) of the
American Indian Trust Fund Management Reform Act (25 U.S.C.
4022(c)).
SEC. 6. EFFECT OF PAYMENTS TO COVERED INDIAN TRIBES ON BENEFITS.
A payment made to a covered Indian tribe or an individual under
this Act shall not--
(1) for purposes of determining the eligibility for a Federal
service or program of a covered Indian tribe, household, or
individual, be treated as income or resources; or
(2) otherwise result in the reduction or denial of any service
or program to which, pursuant to Federal law (including the Social
Security Act (42 U.S.C. 301 et seq.)), the covered Indian tribe,
household, or individual would otherwise be entitled.
SEC. 7. DISTRIBUTION OF FUNDS TO LINEAL DESCENDANTS.
(a) In General.--Subject to section 8(e), the Secretary shall, in
the manner prescribed in section 202(c) of Public Law 92-555 (25 U.S.C.
1300d-4(c)), distribute to the lineal descendants of the Sisseton and
Wahpeton Tribes of Sioux Indians an amount equal to 71.6005 percent of
the funds described in section 3, subject to any reduction determined
under subsection (b).
(b) Adjustments.--
(1) In general.--Subject to section 8(e), if the number of
individuals on the final roll of lineal descendants certified by
the Secretary under section 201(b) of Public Law 92-555 (25 U.S.C.
1300d-3(b)) is less than 2,588, the Secretary shall distribute a
reduced aggregate amount to the lineal descendants referred to in
subsection (a), determined by decreasing--
(A) the percentage specified in section 4(a)(B)(ii) by a
percentage amount equal to--
(i) .0277; multiplied by
(ii) the difference between 2,588 and the number of
lineal descendants on the final roll of lineal descendants,
but not to exceed 600; and
(B) the percentage specified in subsection (a) by the
percentage amount determined under subparagraph (A).
(2) Distribution.--If a reduction in the amount that otherwise
would be distributed under subsection (a) is made under paragraph
(1), an amount equal to that reduction shall be added to the amount
available for distribution under section 4(a)(1), for distribution
in accordance with section 4(a)(2).
(c) Verification of Ancestry.--In seeking to verify the Sisseton
and Wahpeton Mississippi Sioux Tribe ancestry of any person applying
for enrollment on the roll of lineal descendants after January 1, 1998,
the Secretary shall certify that each individual enrolled as a lineal
descendant can trace ancestry to a specific Sisseton or Wahpeton
Mississippi Sioux Tribe lineal ancestor who was listed on--
(1) the 1909 Sisseton and Wahpeton annuity roll;
(2) the list of Sisseton and Wahpeton Sioux prisoners convicted
for participating in the outbreak referred to as the ``1862
Minnesota Outbreak'';
(3) the list of Sioux scouts, soldiers, and heirs identified as
Sisseton and Wahpeton Sioux on the roll prepared pursuant to the
Act of March 3, 1891 (26 Stat. 989 et seq., chapter 543); or
(4) any other Sisseton or Wahpeton payment or census roll that
preceded a roll referred to in paragraph (1), (2), or (3).
(d) Conforming Amendments.--
(1) In general.--Section 202(a) of Public Law 92-555 (25 U.S.C.
1300d-4(a)) is amended--
(A) in the matter preceding the table--
(i) by striking ``, plus accrued interest,''; and
(ii) by inserting ``plus interest received (other than
funds otherwise distributed to the Sisseton and Wahpeton
Tribes of Sioux Indians in accordance with the Mississippi
Sioux Tribes Judgment Fund Distribution Act of 1998),''
after ``docket numbered 359,''; and
(B) in the table contained in that subsection, by striking
the item relating to ``All other Sisseton and Wahpeton Sioux''.
(2) Roll.--Section 201(b) of Public Law 92-555 (25 U.S.C.
1300d-3(b)) is amended by striking ``The Secretary'' and inserting
``Subject to the Mississippi Sioux Tribes Judgment Fund
Distribution Act of 1998, the Secretary''.
SEC. 8. JURISDICTION; PROCEDURE.
(a) Actions Authorized.--In any action brought by or on behalf of a
lineal descendant or any group or combination of those lineal
descendants to challenge the constitutionality or validity of
distributions under this Act to any covered Indian tribe, any covered
Indian tribe, separately, or jointly with another covered Indian tribe,
shall have the right to intervene in that action to--
(1) defend the validity of those distributions; or
(2) assert any constitutional or other claim challenging the
distributions made to lineal descendants under this Act.
(b) Jurisdiction and Venue.--
(1) Exclusive original jurisdiction.--Subject to paragraph (2),
only the United States District Court for the District of Columbia,
and for the districts in North Dakota and South Dakota, shall have
original jurisdiction over any action brought to contest the
constitutionality or validity under law of the distributions
authorized under this Act.
(2) Consolidation of actions.--After the filing of a first
action under subsection (a), all other actions subsequently filed
under that subsection shall be consolidated with that first action.
(3) Jurisdiction by the united states court of federal
claims.--If appropriate, the United States Court of Federal Claims
shall have jurisdiction over an action referred to in subsection
(a).
(c) Notice to Covered Tribes.--In an action brought under this
section, not later than 30 days after the service of a summons and
complaint on the Secretary that raises a claim identified in subsection
(a), the Secretary shall send a copy of that summons and complaint,
together with any responsive pleading, to each covered Indian tribe by
certified mail with return receipt requested.
(d) Statute of Limitations.--No action raising a claim referred to
in subsection (a) may be filed after the date that is 365 days after
the date of enactment of this Act.
(e) Special Rule.--
(1) Final judgment for lineal descendants.--
(A) In general.--If an action that raises a claim referred
to in subsection (a) is brought, and a final judgment is
entered in favor of 1 or more lineal descendants referred to in
that subsection, section 4(a) and subsections (a) and (b) of
section 7 shall not apply to the distribution of the funds
described in subparagraph (B).
(B) Distribution of funds.--Upon the issuance of a final
judgment referred to in subparagraph (A) the Secretary shall
distribute 100 percent of the funds described in section 3 to
the lineal descendants in a manner consistent with--
(i) section 202(c) of Public Law 92-555 (25 U.S.C.
1300d-4(c)); and
(ii) section 202(a) of Public Law 92-555, as in effect
on the day before the date of enactment of this Act.
(2) Final judgment for covered indian tribes.--
(A) In general.--If an action that raises a claim referred
to in subsection (a) is brought, and a final judgment is
entered in favor of 1 or more covered Indian tribes that
invalidates the distributions made under this Act to lineal
descendants, section 4(a), other than the percentages under
section 4(a)(2), and subsections (a) and (b) of section 7 shall
not apply.
(B) Distribution of funds.--Not later than 180 days after
the date of the issuance of a final judgment referred to in
subparagraph (A), the Secretary shall distribute 100 percent of
the funds described in section 3 to each covered Indian tribe
in accordance with the judgment and the percentages for
distribution contained in section 4(a)(2).
(f) Limitation on Claims by a Covered Indian Tribe.--
(1) In general.--If any covered Indian tribe receives any
portion of the aggregate amounts transferred by the Secretary to a
Fund Account or any other account under section 4, no action may be
brought by that covered Indian tribe in any court for a claim
arising from the distribution of funds under Public Law 92-555 (25
U.S.C. 1300d et seq.).
(2) Rule of construction.--Nothing in this subsection shall be
construed to limit the right of a covered Indian tribe to--
(A) intervene in an action that raises a claim referred to
in subsection (a); or
(B) limit the jurisdiction of any court referred to in
subsection (b), to hear and determine any such claims.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.