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S 1396 - 99

White Earth Reservation Land Settlement Act of 1985

Became Public Law No: 99-264.

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Impact 82% Confidence 76%

White Earth Reservation Land Settlement Act of 1985 Became Public Law No: 99-264. Native Americans

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Summary

35 Passed Senate amended Apr 4, 2004

(Measure passed Senate, amended, roll call #376 (56-35)) White Earth Reservation Land Settlement Act of 1985 - Provides procedures for: (1) resolving claims and clearing titles (by statutory ratification) to certain lands on the White Earth Indian Reservation, Minnesota; and (2) compensating for loss of allotments resulting from such ratification. States which categories of allotments are and are not eligible for compensation under this Act. Requires the Secretary of the Interior to: (1) determine, and publish a list of, all applicable allotments (allowing, within a specified time, for the submission, determination, and publication of additional applicable allotments); (2) make determinations of heirships to lands subject to applicable allotments; (3) locate and notify allottees or heirs; (4) establish the fair market value of the various types of land subject to applicable allotments for various years, which shall govern the compensation payable under this Act; and (5) distribute such compensation. Provides a formula for fixing such compensation. Allows judicial review of the Secretary's compensation determinations up to a specified period (after which such determinations shall be conclusive). Gives exclusive jurisdiction over such actions to the U.S. District Court for the District of Minnesota. Makes this Act conditional on: (1) Minnesota entering into an agreement to transfer 10,000 acres to the United States in trust for the White Earth Band of Chippewa Indians and appropriating $500,000 for assisting the United States with the administration of this Act; and (2) congressional authorization of specified amounts for the economic development of the White Earth Band of Chippewas. Requires the Secretary to publish in the Federal Register notice that such conditions have been met. Provides, after such publication, for: (1) the ratification of certain allotments and the extinguishment of claims against the United States and Minnesota arising out of transactions involving those allotments; and (2) the prohibition of certain court actions to recover damages or titles to lands covered by those allotments. Prohibits immediately upon enactment of this Act, and if such publication takes place, any action on behalf of the White Earth Band of Chippewa Indians. Permits individual actions to be filed only within a specified time after such publication. Prohibits an individual from receiving compensation under this Act after such an action is filed. States the intention that: (1) no title to lands on the White Earth Reservation shall be rendered unmarketable solely because of the Secretary's determinations under this Act; and (2) that no individual be compensated twice for the same interest in an allotment. Establishes the White Earth Economic Development and Tribal Government Fund for the collective benefit of the White Earth Band of Chippewa Indians (subject to a Band Financial Ordinance and Investment Plan and a waiver of U.S. liability for any loss as a result of the use of such funds). Requires forfeiture into such Fund of any compensation due for which allottees cannot be located. Authorizes appropriations. Requires the Secretary to: (1) complete all of the administrative work necessary to accomplish the objectives of this Act within five years; and (2) make various reports to the Congress. Exempts funds or income distributed under this Act from Federal and State income taxes or eligibility determinations with respect to assistance under the Social Security Act or other Federal programs.

01 Reported to Senate with amendment(s) Apr 4, 2004

(Reported to Senate from the Select Committee on Indian Affairs with amendment, S. Rept. 99-192) White Earth Reservation Land Settlement Act of 1985 - Provides procedures for: (1) resolving claims and clearing titles (by statutory ratification) to certain lands on the White Earth Indian Reservation, Minnesota; and (2) compensating for loss of allotments resulting from such ratification. States which categories of allotments are and are not eligible for compensation under this Act. Requires the Secretary of the Interior to: (1) determine, and publish a list of, all applicable allotments (allowing, within a specified time, for the submission, determination, and publication of additional applicable allotments); (2) make determinations of heirships to lands subject to applicable allotments; (3) locate and notify allottees or heirs; (4) establish the fair market value of the various types of land subject to applicable allotments for various years, which shall govern the compensation payable under this Act; and (5) distribute such compensation. Provides a formula for fixing such compensation. Allows judicial review of the Secretary's compensation determinations up to a specified period (after which such determinations shall be conclusive). Gives exclusive jurisdiction over such actions to the U.S. District Court for the District of Minnesota. Makes this Act conditional on: (1) Minnesota entering into an agreement to transfer 10,000 acres to the United States in trust for the White Earth Band of Chippewa Indians and appropriating $500,000 for assisting the United States with the administration of this Act; and (2) congressional authorization of specified amounts for the economic development of the White Earth Band of Chippewas. Requires the Secretary to publish in the Federal Register notice that such conditions have been met. Provides, after such publication, for: (1) the ratification of certain allotments and the extinguishment of claims against the United States and Minnesota arising out of transactions involving those allotments; and (2) the prohibition of certain court actions to recover damages or titles to lands covered by those allotments. Prohibits immediately upon enactment of this Act, and if such publication takes place, any action on behalf of the White Earth Band of Chippewa Indians. Permits individual actions to be filed only within a specified time after such publication. Prohibits an individual from receiving compensation under this Act after such an action is filed. States the intention that: (1) no title to lands on the White Earth Reservation shall be rendered unmarketable solely because of the Secretary's determinations under this Act; and (2) that no individual be compensated twice for the same interest in an allotment. Establishes the White Earth Economic Development and Tribal Government Fund for the collective benefit of the White Earth Band of Chippewa Indians (subject to a Band Financial Ordinance and Investment Plan and a waiver of U.S. liability for any loss as a result of the use of such funds). Requires forfeiture into such Fund of any compensation due for which allottees cannot be located. Authorizes appropriations. Requires the Secretary to: (1) complete all of the administrative work necessary to accomplish the objectives of this Act within five years; and (2) make various reports to the Congress. Exempts funds or income distributed under this Act from Federal and State income taxes or eligibility determinations with respect to assistance under the Social Security Act or other Federal programs.

00 Introduced in Senate Apr 4, 2004

White Earth Reservation Land Settlement Act of 1985 - Provides procedures for: (1) resolving claims and clearing titles (by statutory ratification) to certain lands on the White Earth Indian Reservation, Minnesota; and (2) compensating for loss of allotments resulting from such ratification. States which categories of allotments are and are not eligible for compensation under this Act. Requires the Secretary of the Interior to: (1) determine, and publish a list of, all applicable allotments (allowing, within a specified time, for the submission, determination, and publication of additional applicable allotments); (2) make determinations of heirships to lands subject to applicable allotments; (3) locate and notify allottees or heirs; (4) establish the fair market value of the various types of land subject to applicable allotments for various years, which shall govern the compensation payable under this Act; and (5) distribute such compensation. Provides a formula for fixing such compensation. Allows judicial review of the Secretary's compensation determinations up to a specified period (after which such determinations shall be conclusive). Gives exclusive jurisdiction over such actions to the U.S. District Court for the District of Minnesota. Authorizes appropriations to the Secretary in order to provide compensation payable under this Act to eligible claimants. Exempts funds or income distributed under this Act from Federal and State income taxes or eligibility determinations with respect to assistance under the Social Security Act or other Federal programs. Establishes the White Earth Band of Chippewa Indians Economic Development and Tribal Government Fund for the collective benefit of the White Earth Band of Chippewa Indians (subject to a Band Financial Ordinance and Investment Plan and a waiver of U.S. liability for any loss as a result of the use of such funds). Requires forfeiture into such Fund of any compensation due for which allottees cannot be located. Authorizes appropriations. Makes this Act conditional on: (1) Minnesota entering into an agreement to transfer 10,000 acres to the United States in trust for the White Earth Band of Chippewa Indians and appropriating $500,000 for assisting the United States with the administration of this Act; and (2) congressional authorization of specified amounts for the economic development of the White Earth Band of Chippewas and for providing compensation to allottees, heirs, and others. Requires the Secretary to publish in the Federal Register notice that such conditions have been met. Provides, after such publication, for: (1) the ratification of certain allotments and the extinguishment of claims against the United States and Minnesota arising out of transactions involving those allotments; and (2) the prohibition of certain court actions to recover damages or titles to lands covered by those allotments. Prohibits immediately upon enactment of this Act, and if such publication takes place, any action on behalf of the White Earth Band of Chippewa Indians. Permits individual actions to be filed only within a specified time after such publication. Prohibits an individual from receiving compensation under this Act after such an action is filed. Waives U.S. sovereign immunity to such actions. States the intention that: (1) no title to lands on the White Earth Reservation shall be rendered unmarketable solely because of the Secretary's determinations under this Act; and (2) that no individual be compensated twice for the same interest in an allotment.

Sponsors

Timeline

Mar 24, 1986

Signed by President.

Mar 24, 1986

Signed by President.

Mar 24, 1986

Became Public Law No: 99-264.

Mar 24, 1986

Became Public Law No: 99-264.

Mar 13, 1986

Measure Signed in Senate.

Mar 13, 1986

Presented to President.

Mar 13, 1986

Presented to President.

Mar 11, 1986

Called up by House Under Suspension of Rules.

Mar 11, 1986

Passed/agreed to in House: Passed House by Voice Vote.

Mar 11, 1986

Passed House by Voice Vote.

Mar 10, 1986

Reported to House by House Committee on Interior and Insular Affairs. Report No: 99-489.

Mar 10, 1986

Reported to House by House Committee on Interior and Insular Affairs. Report No: 99-489.

Mar 10, 1986

Placed on Union Calendar No: 285.

Feb 26, 1986

Committee Consideration and Mark-up Session Held.

Feb 26, 1986

Ordered to be Reported.

Dec 16, 1985

Referred to House Committee on Interior and Insular Affairs.

Dec 13, 1985

Considered by Senate.

Dec 13, 1985

Motion to table the appeal of the ruling of the chair agreed to in Senate by Yea-Nay Vote. 56-36. Record Vote No: 374.

Dec 13, 1985

Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 56-35. Record Vote No: 376.

Dec 13, 1985

Passed Senate with an amendment by Yea-Nay Vote. 56-35. Record Vote No: 376.

Dec 12, 1985

Measure laid before Senate by unanimous consent.

Dec 12, 1985

Motion to table the appeal from the ruling of the chair made in Senate.

Nov 19, 1985

Committee on Indian Affairs. Reported to Senate by Senator Andrews with an amendment in the nature of a substitute. With written report No. 99-192.

Nov 19, 1985

Committee on Indian Affairs. Reported to Senate by Senator Andrews with an amendment in the nature of a substitute. With written report No. 99-192.

Nov 19, 1985

Placed on Senate Legislative Calendar under General Orders. Calendar No. 422.

Nov 7, 1985

Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Sep 11, 1985

Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 99-261.

Jun 27, 1985

Introduced in Senate

Jun 27, 1985

Read twice and referred to the Committee on Indian Affairs.

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