[Senate Report 107-313]
[From the U.S. Government Publishing Office]
Calendar No. 708
107th Congress Report
SENATE
2d Session 107-313
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PROVIDING FOR THE DISTRIBUTION OF JUDGMENT FUNDS TO THE ASSINIBOINE AND
SIOUX TRIBES OF THE FORT PECK RESERVATION
_______
October 15, 2002.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 3059]
The Committee on Indian Affairs, to which was referred the
bill (S. 3059) to provide for the distribution of judgment
funds to the Assiniboine and Sioux Tribes of the Fort Peck
Reservation, having considered the same, reports favorably
therein without amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 3059 is to authorize the use and
distribution of a United States Court of Claims judgment award
in the amount of $4,522,551.84 to the Assiniboine and Sioux
Tribes and certain individual members of the Fort Peck
Reservation in northeastern Montana.
BACKGROUND
In 1987, the Assiniboine and Sioux Tribes and individual
members of the Fort Peck Reservation brought suit against the
United States to recover interest earned on their trust funds
while those funds were held in Special Deposit and Indian Money
Proceeds of Labor Agency accounts (IMPL-agency accounts). The
case was filed in the United States Claims Court, and docketed
as No. 773-87-L.
The Claims Court ruled that the United States was liable to
the Fort Peck Tribes and individual Indians for income derived
from investment of trust funds and interest on those funds
during the period for which the funds were held in special
deposit and IMPL-agency accounts. The Tribes and the United
States agreed to settle the claims in the case for the amount
of $4,522,551.84. The Claims Court approved the settlement
agreement and judgment amount.
The settlement agreement further provided that the judgment
be divided between the Fort Peck Tribes and those individual
Indians who are found to be eligible to share in the judgment.
On January 3, 2001, the court approved a stipulation between
the parties that defined the procedures by which the respective
shares of the Fort Peck Tribes and individual Indians in the
judgment would be determined and distributed.
On February 14, 2001, pursuant to the court-approved
stipulation in the case, a portion of the Tribes' share of the
judgment was deposited into an account in the United States
Treasury for the use of the Fort Peck Tribes. As provided by
the stipulation, those funds are to be available for immediate
use by the Tribes pursuant to a plan adopted under the Indian
Tribal Judgment Funds Use or Distribution Act, 25 U.S.C.
Sec. 1401 et seq. The court-approved stipulation further
recognized that the Tribes will most likely receive additional
payments from the settlement once all individuals eligible to
share in the judgment are identified and the pro rata shares
are finally computed. Those funds, too, are to be available for
use by the Tribes in accordance with a plan adopted under the
Tribal Judgment Funds Use or Distribution Act.
As required by the stipulation and the Tribal Judgment
Funds Use or Distribution Act, the Tribes developed a plan for
the use of the Tribes' share of the settlement. Under the plan,
the Tribes' share of the judgment will be used for tribal
health, education, housing and social services programs.
The Tribes submitted their plan to the Department of the
Interior for review and approval. Public hearings were held to
hear the views and recommendations of Tribal members regarding
the plan. The Tribal Judgment Funds Use or Distribution Act
imposes a one-year deadline on the Department of the Interior
to approve the plan. The Tribes have been advised that the
Department of Interior has no objection to the Tribes' plan and
can approve it. However, although the plan was developed and a
public hearing was held during 2001, the Interior Department
did not complete its review of the plan within the one-year
deadline. As a result, in order for the Fort Peck Tribes to
make use of the judgment awarded to the Tribes, it is necessary
for Congress to formally adopt legislation approving the
Tribe's plan. The provisions of S. 3059 would serve this
purpose.
LEGISLATIVE HISTORY
S. 3059 was introduced on October 4, 2002 by Senator Max
Baucus and was referred to the Committee on Indian Affairs.
COMMITTEE RECOMMENDATION AND TABULATION OF THE VOTE
On October 8, 2002, the Committee on Indian Affairs,
through a polling of its members, approved and ordered S. 3059
to be reported favorably to the United States Senate.
COST AND BUDGETARY CONSIDERATIONS
At the time of filing this report, the cost estimate of the
Congressional Budget Office on S. 3059 has not yet been
received. Compliance with Senate Rule XXVI, paragraph 11(a) is
therefore impracticable at this time.
SECTION-BY-SECTION ANALYSIS OF S. 3059
Section 1. Short title
The Act may be cited as the ``Assiniboine and Sioux Tribes
of the Fort Peck Reservation Judgment Fund Distribution Act of
2002.''
Section 2. Findings and purpose
Section 2 sets forth congressional findings including that
in 1987, the Assiniboine and Sioux Tribes of the Fort Peck
Reservation and five individual Fort Peck tribal members filed
a complaint in the United States Claims Court in Assiniboine
and Sioux Tribes of the Fort Peck Reservation 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.
In this case, the Claims 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. The
plaintiffs entered into a settlement with the United States for
payment of the claims. The terms of the settlement were
approved by the Court and judgment in the amount of
$4,522,551.81 was entered.
Section 3. Definitions
Terms defined in this section include ``Distribution
Amount,'' ``Judgment Amount,'' ``Principal Indebtedness,'' and
``Tribe.''
Section 4. Distribution of judgment funds
section 4 describes how the distribution amount awarded to
the Tribe shall be made available for tribal health, education,
housing and social services programs of the Tribe and the
amount of funds allocated among these uses shall be specified
in an annual budget developed by the Tribe and approved by the
Secretary of the Interior.
Section 5. Applicable law
Section 5 provides that all funds distributed under this
act, except those distributed under Section 4 are subject to
sections 7 and 8 of the Indian Tribal Judgment Funds Use or
Distribution Act.
REGULATORY IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill evaluate
the regulatory paperwork impact that would be incurred in
carrying out this bill. The Committee believes that S. 3059
will have minimal regulatory or paperwork impact.
EXECUTIVE COMMUNICATIONS
The position of the Administration on S. 3059 has not been
received.
CHANGES IN EXISTING LAW
In compliance subsection 12 of rule XXVI of the Standing
Rules of the Senate, the Committee notes that S. 3059 will not
effect any changes in existing law.