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