Text: H.R.1272 — 112th Congress (2011-2012)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 112-179 (10/05/2012)

 
[112th Congress Public Law 179]
[From the U.S. Government Printing Office]



[[Page 126 STAT. 1411]]

Public Law 112-179
112th Congress

                                 An Act


 
  To provide for the use and distribution of the funds awarded to the 
Minnesota Chippewa Tribe, et al., by the United States Court of Federal 
           Claims in Docket Numbers 19 and 188, and for other 
            purposes. <<NOTE: Oct. 5, 2012 -  [H.R. 1272]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Minnesota 
Chippewa Tribe Judgment Fund Distribution Act of 2012.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Minnesota Chippewa Tribe Judgment 
Fund Distribution Act of 2012''.
SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On January 22, 1948, the Minnesota Chippewa Tribe, 
        representing all Chippewa bands in Minnesota except the Red Lake 
        Band, filed a claim before the Indian Claims Commission in 
        Docket No. 19 for an accounting of all funds received and 
        expended pursuant to the Act of January 14, 1889, 25 Stat. 642, 
        and amendatory acts (hereinafter referred to as the Nelson Act).
            (2) On August 2, 1951, the Minnesota Chippewa Tribe, 
        representing all Chippewa bands in Minnesota except the Red Lake 
        Band, filed a number of claims before the Indian Claims 
        Commission in Docket No. 188 for an accounting of the 
        Government's obligation to each of the member bands of the 
        Minnesota Chippewa Tribe under various statutes and treaties 
        that are not covered by the Nelson Act of January 14, 1889.
            (3) On May 17, 1999, a Joint Motion for Findings in Aid of 
        Settlement of the claims in Docket No. 19 and 188 was filed 
        before the Court.
            (4) The terms of the settlement were approved by the Court 
        and the final judgment was entered on May 26, 1999.
            (5) On June 22, 1999, $20,000,000 was transferred to the 
        Department of the Interior and deposited into a trust fund 
        account established for the beneficiaries of the funds awarded 
        in Docket No. 19 and 188.
            (6) Pursuant to the Indian Tribal Judgment Funds Use or 
        Distribution Act (25 U.S.C. 1401 et seq.), Congress must act to 
        authorize the use or distribution of the judgment funds.
            (7) On October 1, 2009, the Minnesota Chippewa Tribal 
        Executive Committee passed Resolution 146-09, approving a plan 
        to distribute the judgment funds and requesting that the United 
        States Congress act to distribute the judgment funds in the 
        manner described by the plan.

[[Page 126 STAT. 1412]]

SEC. 3. DEFINITIONS.

    For the purpose of this Act:
            (1) Available funds.--The term ``available funds'' means the 
        funds awarded to the Minnesota Chippewa Tribe and interest 
        earned and received on those funds, less the funds used for 
        payments authorized under section 4.
            (2) Bands.--The term ``Bands'' means the Bois Forte Band, 
        Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille 
        Lacs Band, and White Earth Band.
            (3) Judgment funds.--The term ``judgment funds'' means the 
        funds awarded on May 26, 1999, to the Minnesota Chippewa Tribe 
        by the Court of Federal Claims in Docket No. 19 and 188.
            (4) Minnesota chippewa tribe.--The term ``Minnesota Chippewa 
        Tribe'' means the Minnesota Chippewa Tribe, Minnesota, composed 
        of the Bois Forte Band, Fond du Lac Band, Grand Portage Band, 
        Leech Lake Band, Mille Lacs Band, and White Earth Band. It does 
        not include Red Lake Band of Chippewa Indians, Minnesota.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA CHIPPEWA TRIBE.

    (a) In General.--The Secretary is authorized to reimburse the 
Minnesota Chippewa Tribe the amount of funds, plus interest earned to 
the date of reimbursement, that the Minnesota Chippewa Tribe contributed 
for payment of attorneys' fees and litigation expenses associated with 
the litigation of Docket No. 19 and 188 before the U.S. Court of Federal 
Claims and the distribution of judgment funds.
    (b) Claims.--The Minnesota Chippewa Tribe's claim for reimbursement 
of funds expended shall be--
            (1) <<NOTE: Deadline.>> presented to the Secretary not later 
        than 90 days after the date of enactment of this Act;
            (2) <<NOTE: Certification.>> certified by the Minnesota 
        Chippewa Tribe as being unreimbursed to the Minnesota Chippewa 
        Tribe from other funding sources;
            (3) paid with interest calculated at the rate of 6.0 percent 
        per annum, simple interest, from the date the funds were 
        expended to the date the funds are reimbursed to the Minnesota 
        Chippewa Tribe; and
            (4) paid from the judgment funds prior to the division of 
        the funds under section 5.
SEC. 5. DIVISION OF JUDGMENT FUNDS.

    (a) Membership Rolls.--Not <<NOTE: Deadline.>> later than 90 days 
after the date of the enactment of this Act, the Minnesota Chippewa 
Tribe shall submit to the Secretary updated membership rolls for each 
Band, which shall include all enrolled members the date of the enactment 
of this Act.

    (b) Divisions.--After all funds have been reimbursed under section 
4, and the membership rolls have been updated under subsection (a), the 
Secretary shall--
            (1) set aside for each Band a portion of the available 
        judgment funds equivalent to $300 for each member enrolled 
        within each Band; and

[[Page 126 STAT. 1413]]

            (2) after the funds are set aside in accordance with 
        paragraph (1), divide 100 percent of the remaining funds into 
        equal shares for each Band.

    (c) Separate Accounts.--The Secretary shall--
            (1) deposit all funds described in subsection (b)(1) into a 
        ``Per Capita'' account for each Band; and
            (2) deposit all funds described in subsection (b)(2) into an 
        ``Equal Shares'' account for each Band.

    (d) Withdrawal of Funds.--After the Secretary deposits the available 
funds into the accounts described in subsection (c), a Band may withdraw 
all or part of the monies in its account.
    (e) Disbursement of Per Capita Payments.--All funds described in 
subsection (b)(1) shall be used by each Band only for the purposes of 
distributing one $300 payment to each individual member of the Band. 
Each Band may--
            (1) distribute the $300 payment to the parents or legal 
        guardians on behalf of each dependent Band member instead of 
        distributing such $300 payment to the dependent Band member; or
            (2) deposit into a trust account the $300 payment to each 
        dependent Band member for the benefit of such dependent Band 
        member, to be distributed under the terms of such trust.

    (f) Distribution of Unclaimed Payments.--
One <<NOTE: Deadline.>> year after the funds described in subsection 
(b)(1) are made available to the Bands, all unclaimed payments described 
in subsection (e) shall be returned to the Secretary, who shall divide 
these funds into equal shares for each Band, and deposit the divided 
shares into the accounts described in subsection (c)(2) for the use of 
each Band.

    (g) Liability.--If a Band exercises the right to withdraw monies 
from its accounts, the Secretary shall not retain liability for the 
expenditure or investment of the monies after each withdrawal.
SEC. 6. GENERAL PROVISIONS.

    (a) Previous Obligations.--Funds disbursed under this Act shall not 
be liable for the payment of previously contracted obligations of any 
recipient as provided in Public Law 98-64 (25 U.S.C. 117b(a)).

[[Page 126 STAT. 1414]]

    (b) Indian Judgment Funds Distribution Act.--All funds distributed 
under this Act are subject to the provisions in the Indian Judgment 
Funds Distribution Act (25 U.S.C. 1407).

    Approved October 5, 2012.

LEGISLATIVE HISTORY--H.R. 1272:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-501 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 158 (2012):
            June 18, considered and passed House.
            Sept. 21, considered and passed Senate.

                                  <all>