DISTRIBUTION OF JUDGMENT FUNDS.

SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS.(a) Per Capita Payments.—Notwithstanding the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) or any other provision of law (including any regulation promulgated or plan developed under such a law), the amounts paid in satisfaction of an award granted to the Gila River Indian Community in Docket Nos. 236–C and 236–D before the United States Court of Federal Claims, less attorney fees and litigation expenses and including all accrued interest, shall be distributed in the form of per capita payments (in amounts as equal as practicable) to all eligible enrolled members of the Community.(b) Preparation of Payment Roll.—(1) In general.—The Community shall prepare a payment roll of eligible, enrolled members of the Community that are eligible to receive payments under this section in accordance with the criteria described in paragraph (2).(2) Criteria.—(A) Individuals eligible to receive payments.—Subject to subparagraph (B), the following individuals shall be eligible to be listed on the payment roll and eligible to receive a per capita payment under subsection (a):(i) All enrolled Community members who are eligible to be listed on the per capita payment roll that was approved by the Secretary for the distribution of the funds awarded to the Community in Docket No. 236–N (including any individual who was inadvertently omitted from that roll).(ii) All enrolled Community members who are living on the date of enactment of this Act.(iii) All enrolled Community members who died—(I) after the effective date of the payment plan for Docket No. 236–N; but(II) on or before the date of enactment of this Act.(B) Individuals ineligible to receive payments.—The following individuals shall be ineligible to be listed on the payment roll and ineligible to receive a per capita payment under subsection (a):(i) Any individual who, before the date on which the Community approves the payment roll, relinquished membership in the Community.(ii) Any minor who relinquishes membership in the Community, or whose parent or legal guardian relinquishes membership on behalf of the minor, before the date on which the minor reaches 18 years of age.117 STAT. 699(iii) Any individual who is disenrolled by the Community for just cause (such as dual enrollment or failure to meet the eligibility requirements for enrollment).(iv) Any individual who is determined or certified by the Secretary to be eligible to receive a per capita payment of funds relating to a judgment—(I) awarded to another community, Indian tribe, or tribal entity; and(II) appropriated on or before the date of enactment of this Act.(v) Any individual who is not enrolled as a member of the Community on or before the date that is 90 days after the date of enactment of this Act.(c) Notice to Secretary.—On approval by the Community of the payment roll, the Community shall submit to the Secretary a notice that indicates the total number of individuals eligible to share in the per capita distribution under subsection (a), as expressed in subdivisions that reflect—(1) the number of shares that are attributable to eligible living adult Community members; and (2) the number of shares that are attributable to deceased individuals, legally incompetent individuals, and minors.(d) Information Provided to Secretary.—The Community shall provide to the Secretary enrollment information necessary to allow the Secretary to establish—(1) estate accounts for deceased individuals described in subsection (c)(2); and(2) IIM accounts for legally incompetent individuals and minors described in subsection (c)(2).(e) Disbursement of Funds.—(1) In general.—Not later than 30 days after the date on which the payment roll is approved by the Community and the Community has reconciled the number of shares that belong in each payment subdivision described in subsection (c), the Secretary shall disburse to the Community the funds necessary to make the per capita distribution under subsection (a) to eligible living adult members of the Community described in subsection (c)(1). (2) Administration and distribution.—On disbursement of the funds under paragraph (1), the Community shall bear sole responsibility for administration and distribution of the funds.(f) Shares of Deceased Individuals.—(1) In general.—The Secretary, in accordance with regulations promulgated by the Secretary and in effect as of the date of enactment of this Act, shall distribute to the appropriate heirs and legatees of deceased individuals described in subsection (c)(2) the per capita shares of those deceased individuals. (2) Absence of heirs and legatees.—If the Secretary and the Community make a final determination that a deceased individual described in subsection (c)(2) has no heirs or legatees, the per capita share of the deceased individual and the interest earned on that share shall—(A) revert to the Community; and (B) be deposited into the general fund of the Community.117 STAT. 700(g) Shares of Legally Incompetent Individuals.—(1) In general.—The Secretary shall deposit the shares of legally incompetent individuals described in subsection (c)(2) in supervised IIM accounts. (2) Administration.—The IIM accounts described in paragraph (1) shall be administered in accordance with regulations and procedures established by the Secretary and in effect as of the date of enactment of this Act.(h) Shares of Minors.—(1) In general.—The Secretary shall deposit the shares of minors described in subsection (c)(2) in supervised IIM accounts. (2) Administration.—(A) In general.—The Secretary shall hold the per capita share of a minor described in subsection (c)(2) in trust until such date as the minor reaches 18 years of age. (B) Nonapplicable law.—Section 3(b)(3) of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to any per capita share of a minor that is held by the Secretary under this Act.(C) Disbursement.—No judgment funds, nor any interest earned on judgment funds, shall be disbursed from the account of a minor described in subsection (c)(2) until such date as the minor reaches 18 years of age.(i) Payment of Eligible Individuals Not Listed on Payment Roll.—(1) In general.—An individual who is not listed on the payment roll, but is eligible to receive a payment under this Act, as determined by the Community, may be paid from any remaining judgment funds after the date on which—(A) the Community makes the per capita distribution under subsection (a); and (B) all appropriate IIM accounts are established under subsections (g) and (h). (2) Insufficient funds.—If insufficient judgment funds remain to cover the cost of a payment described in paragraph (1), the Community may use Community-owned funds to make the payment.(3) Minors, legally incompetent individuals, and deceased individuals.—In a case in which a payment described in paragraph (2) is to be made to a minor, a legally incompetent individual, or a deceased individual, the Secretary—(A) is authorized to accept and deposit funds from the payment in an IIM account or estate account established for the minor, legally incompetent individual, or deceased individual; and(B) shall invest those funds in accordance with applicable law.(j) Use of Residual Funds.—On request by the governing body of the Community to the Secretary, and after passage by the governing body of the Community of a tribal council resolution affirming the intention of the governing body to have judgment funds disbursed to, and deposited in the general fund of, the Community, any judgment funds remaining after the date on which 117 STAT. 701 the Community completes the per capita distribution under subsection (a) and makes any appropriate payments under subsection (i) shall be disbursed to, and deposited in the general fund of, the Community.(k) Reversion of Per Capita Shares to Tribal Ownership.—(1) In general.—In accordance with the first section of Public Law 87–283 (25 U.S.C. 164), the share for an individual eligible to receive a per capita share under subsection (a) that is held in trust by the Secretary, and any interest earned on that share, shall be restored to Community ownership if, for any reason—(A) subject to subsection (i), the share cannot be paid to the individual entitled to receive the share; and (B) the share remains unclaimed for the 6-year period beginning on the date on which the individual became eligible to receive the share.(2) Request by community.—In accordance with subsection (j), the Community may request that unclaimed funds described in paragraph (1)(B) be disbursed to, and deposited in the general fund of, the Community.