Text: S.391 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-387 (11/13/1998)

 
[105th Congress Public Law 387]
[From the U.S. Government Printing Office]


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[DOCID: f:publ387.105]


[[Page 112 STAT. 3471]]

Public Law 105-387
105th Congress

                                 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. <<NOTE: Nov. 13, 1998 -  [S. 391]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Mississippi 
Sioux Tribes Judgment Fund Distribution Act of 1998.>> 

SECTION 1. SHORT TITLE. <<NOTE: 25 USC 1300d note.>> 

    This Act may be cited as the ``Mississippi Sioux Tribes Judgment 
Fund Distribution Act of 1998''.

SEC. 2. DEFINITIONS. <<NOTE: 25 USC 1300d-21.>> 

    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.  <<NOTE: 25 USC 1300d-22.>> 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. <<NOTE: 25 USC 1300d-23.>> 

    (a) In General.--
            (1) Amount distributed.--
                    (A)  <<NOTE: Deadline.>> 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

[[Page 112 STAT. 3472]]

                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. <<NOTE: 25 USC 1300d-24.>> 

    (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--

[[Page 112 STAT. 3473]]

            (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.  <<NOTE: 25 USC 1300d-25.>> 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--

[[Page 112 STAT. 3474]]

            (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. <<NOTE: 25 
            USC 1300d-26.>> 

    (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)  <<NOTE: Certification.>> 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--

[[Page 112 STAT. 3475]]

                          (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. <<NOTE: Courts. 25 USC 1300d-27.>> 

    (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).

[[Page 112 STAT. 3476]]

                    (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 <<NOTE: Deadline.>>  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.

    Approved November 13, 1998.

LEGISLATIVE HISTORY--S. 391 (H.R. 976):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-242 accompanying H.R. 976 (Comm. on Resources).
SENATE REPORTS: No. 105-379 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            Oct. 9, considered and passed Senate.
            Oct. 10, considered and passed House, amended.
            Oct. 14, Senate concurred in House amendment.

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