[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6786 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6786

   To provide for the settlement of claims arising from the use and 
 distribution of judgment funds previously awarded and provided to the 
  Delaware Tribe of Indians, the Delaware Nation, the Kansas Delaware 
      Tribe of Indians, Incorporated, and the Delawares of Idaho, 
Incorporated, to correct underpayment of certain funds, to provide for 
the settlement of accounting claims arising from, and otherwise achieve 
    the requirements of, certain litigation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2008

 Mr. Sullivan introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To provide for the settlement of claims arising from the use and 
 distribution of judgment funds previously awarded and provided to the 
  Delaware Tribe of Indians, the Delaware Nation, the Kansas Delaware 
      Tribe of Indians, Incorporated, and the Delawares of Idaho, 
Incorporated, to correct underpayment of certain funds, to provide for 
the settlement of accounting claims arising from, and otherwise achieve 
    the requirements of, certain litigation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Delaware Judgment Funds Distribution 
Settlement Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Cherokee nation.--The term ``Cherokee Nation'' means 
        the Cherokee Nation, with its headquarters located in 
        Tahlequah, Oklahoma.
            (2) Cherokee nation jurisdictional boundary.--The term 
        ``Cherokee Nation Jurisdictional Boundary'' means the boundary 
        surrounding lands within the Indian Territory that were ceded 
        by the United States to the Nation pursuant to the Treaties of 
        May 6, 1828, February 14, 1833, and December 29, 1835, 7 Stat. 
        478, the Indian Removal Act of 1830, 4 Stat. 411, and the fee 
        patent executed by President Martin Van Buren on December 31, 
        1838, diminished only by sales under the Acts of February 28, 
        1877, 19 Stat. 265, June 2, 1886, 24 Stat. 121, March 3, 1893, 
        ch. 209, 27 Stat. 612, 645, and Proclamation No. 5, 20 Stat. 
        1222 (1893), including any interpretation of that boundary 
        under Federal law or by courts of competent jurisdiction, and 
        shall also include those specific parcels of Indian lands of 
        the Nation outside that boundary wherever or whenever acquired.
            (3) Delaware nation.--The term ``Delaware Nation'' means 
        the Delaware Nation, Oklahoma (formerly known as the ``Absentee 
        Delaware Tribe of Western Oklahoma'' and the ``Western Delaware 
        Tribe'').
            (4) Delaware tribe.--The term ``Delaware Tribe'' means the 
        Delaware Tribe of Indians, Oklahoma (formerly known as the 
        ``Cherokee Delaware'' and the ``Eastern Delaware'').
            (5) Existing authority.--The term ``existing authority'' 
        means--
                    (A) the first section of Public Law 87-283 (25 
                U.S.C. 164);
                    (B) Public Law 90-508 (25 U.S.C. 1181 et seq.);
                    (C) Public Law 92-456 (25 U.S.C. 1291 et seq.);
                    (D) Public Law 93-134 (25 U.S.C. 1401 et seq.);
                    (E) Public Law 96-318 (94 Stat. 968);
                    (F) the American Indian Trust Fund Management 
                Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
                    (G) any other provision of law (including 
                regulations).
            (6) Historical areas of the delaware tribe.--The term 
        ``historical areas of the Delaware Tribe'' means those counties 
        outside Oklahoma on a list submitted by the Chief of the 
        Delaware Tribe to the Assistant Secretary-Indian Affairs and 
        those areas outside Oklahoma defined by treaties between the 
        Delaware Nation and the United States.
            (7) Idaho delaware.--The term ``Idaho Delaware'' means the 
        Delawares of Idaho, Incorporated.
            (8) Indian country.--The term ``Indian Country'' means 
        ``Indian Country'' as defined by Federal law.
            (9) Joint delaware trust funds.--The term ``Joint Delaware 
        Trust Funds'' means--
                    (A) the trust fund accounts numbered JA9483106 and 
                JA9480698 (including all interest on those accounts); 
                and
                    (B) 63 percent of the trust fund account numbered 
                JA9480102 as of the date of enactment of this Act 
                (including all interest on that portion of the 
                account).
            (10) Kansas delaware.--The term ``Kansas Delaware'' means 
        the Kansas Delaware Tribe of Indians, Incorporated.
            (11) List.--The term ``List'' means the list of tribal 
        entities published in the Federal Register pursuant to section 
        104 of the Federally Recognized Indian Tribe List Act of 1994 
        (25 U.S.C. 479a-1).
            (12) Restricted land.--The term ``Restricted land'' means 
        any land, the title to which is held in the name of an Indian 
        or Indian tribe subject to restrictions by the United States 
        against alienation.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (14) Trust land.--The term ``Trust land'' means land, the 
        title to which is held by the United States in trust for the 
        benefit of an Indian tribe or individual.
            (15) Undistributed delaware tribe trust funds.--The term 
        ``undistributed Delaware Tribe Trust Funds'' means any amounts 
        in the trust fund accounts numbered JA9484104, JA9484377, 
        JA9285105, and JA9285378 (including all interest on those 
        accounts).
            (16) Undistributed idaho delaware trust funds.--The term 
        ``undistributed Idaho Delaware Trust Funds'' means the trust 
        fund accounts numbered JA9483692, JA9483379, and JA9483015 
        (including all interest on those accounts).
            (17) Undistributed kansas delaware trust funds.--The term 
        ``undistributed Kansas Delaware Trust Funds'' means--
                    (A) the trust fund account numbered JA9480011 
                (including all interest on that account); and
                    (B) 37 percent of the trust fund account numbered 
                JA9480102 as of the date of enactment of this Act 
                (including all interest on that portion of the 
                account).
            (18) Undistributed per capita distributions to certain 
        delaware tribe members.--The term ``undistributed per capita 
        payments to certain Delaware Tribe members'' means the trust 
        fund accounts numbered JA9284108 and JA9284371 (including all 
        interest on those accounts).

SEC. 3. DELAWARE TRIBE TRUST FUNDS MISMANAGEMENT CLAIMS SETTLEMENT.

    Not later than 30 days after the date of enactment of this Act, the 
United States shall offer to file with the Delaware Tribe a joint 
motion for entry of judgment in the amount of $437,165 in Docket No. 
02-26L in the United States Court of Federal Claims, as a full and 
final judicial settlement of all trust fund claims of the Delaware 
Tribe that were or could have been brought under that docket.

SEC. 4. DISTRIBUTIONS TO TRIBES, ELIGIBLE MEMBERS, AND ENROLLEES.

    (a) In General.--Notwithstanding existing authority, the Secretary 
shall carry out such actions as the Secretary determines to be 
necessary to satisfy any remaining monetary obligations identified in 
the judgment for the case styled Delawares of Idaho, Inc., et al. v. 
Clark, Civ. No. 83-1192 (D. Idaho) (October 2, 1984) and subsequent 
orders of that court.
    (b) Requirements.--
            (1) Delaware tribe.--
                    (A) Definition of eligible member.--In this 
                paragraph, the term ``eligible member'' means a member 
                of the Delaware Tribe identified as underpaid in the 
                memorandum decision and judgment of the case described 
                in subsection (a).
                    (B) Payments under certain amount.--The Secretary 
                shall pay to the governing body of the Delaware Tribe 
                for programming purposes each per capita payment of an 
                eligible member or heir or legatee under this paragraph 
                in an amount that is less than $5.
                    (C) Remaining amounts.--Notwithstanding existing 
                authority--
                            (i) In general.--Any amounts remaining on 
                        the date that is 1 year after the date on which 
                        80 percent of the initial distributions under 
                        this paragraph have been made shall be provided 
                        to the governing body of the Delaware Tribe for 
                        programming purposes.
                            (ii) Determination.--No more than one 
                        series of per capita payments under this 
                        paragraph shall be required before determining 
                        that amounts remaining are eligible for 
                        distribution to the governing body of the 
                        Delaware Tribe under this subparagraph.
            (2) Kansas delaware and idaho delaware.--
                    (A) Definition of eligible enrollee.--In this 
                paragraph, the term ``eligible enrollee'' means an 
                enrollee of the Kansas Delaware or the Idaho Delaware 
                identified as underpaid in the memorandum decision and 
                judgment of the case described in subsection (a).
                    (B) Payments under certain amount.--Of each per 
                capita payment of an eligible enrollee or heir or 
                legatee under this paragraph in an amount that is less 
                than $5, the Secretary shall pay, for programming 
                purposes--
                            (i) 19 percent of the amount to the 
                        Delaware Nation; and
                            (ii) 81 percent of the amount to the 
                        Delaware Tribe.
                    (C) Remaining amounts.--Notwithstanding existing 
                authority--
                            (i) In general.--Any amounts remaining on 
                        the date that is 1 year after the date on which 
                        80 percent of the initial distributions under 
                        this paragraph have been made shall be provided 
                        for programming purposes--
                                    (I) 17 percent to the Delaware 
                                Nation; and
                                    (II) 83 percent to the Delaware 
                                Tribe.
                            (ii) Determination.--No more than one 
                        series of per capita payments under this 
                        paragraph shall be required before determining 
                        that amounts remaining are eligible for 
                        distribution to the governing bodies of those 
                        tribes under this subparagraph.
    (c) Construction.--If any order of the court in the case described 
in subsection (a) issued prior to the date of enactment of this Act is 
inconsistent with a provision of subsection (c), the order of the court 
shall govern unless amended by the court.

SEC. 5. DISTRIBUTION OF TRUST FUNDS.

    (a) In General.--Notwithstanding existing authority, not later than 
60 days after the date on which the motion filed under section 3 is 
granted, of amounts in the Joint Delaware Trust Funds, the Secretary 
shall--
            (1) distribute to the Delaware Nation 17 percent for 
        programming purposes;
            (2) implement a process to use 72 percent to make per 
        capita distributions to members of the Delaware Tribe, in 
        accordance with subsection (c); and
            (3) implement a process to distribute to the Kansas 
        Delaware and the Idaho Delaware 11 percent, in accordance with 
        subsection (e).
    (b) Definition.--In this section, ``update the roll'' means using 
reasonable efforts to obtain current addresses for persons listed on 
the specified roll, to identify such persons who are deceased, and to 
ascertain the heirs and legatees of such deceased persons. Where this 
section permits the Secretary to contract the updating of a roll, some 
or all of these functions may be contracted.
    (c) Per Capita Distributions.--
            (1) Updating roll.--
                    (A) In general.--The Secretary shall implement a 
                process to update, or offer to enter into a contract 
                with the Delaware Tribe under which the Delaware Tribe 
                shall update, the roll of members prepared by the 
                Secretary under section 5(a)(2) of Public Law 96-318 
                (94 Stat. 968).
                    (B) Contract requirement.--Notwithstanding section 
                552a of title 5, United States Code (commonly known as 
                the ``Privacy Act of 1974''), or any other provision of 
                law, if the Secretary enters into a contract with the 
                Delaware Tribe under subparagraph (A), the Secretary 
                may provide to the Delaware Tribe--
                            (i) the roll prepared by the Secretary 
                        under section 5(a)(2) of Public Law 96-318 (94 
                        Stat. 968); and
                            (ii) any other information the Secretary 
                        determines to be necessary to carry out the 
                        contract.
            (2) Distributions.--
                    (A) Definition of eligible member.--In this 
                paragraph, the term ``eligible member'' means a member 
                of the Delaware Tribe who is listed on the roll 
                prepared under section 5(a)(2) of Public Law 96-318 (94 
                Stat. 968).
                    (B) Adult members.--The Secretary shall make per 
                capita payments to eligible members aged 18 or older 
                directly to the eligible members.
                    (C) Disabled members.--The Secretary shall make per 
                capita payments to legally disabled eligible members in 
                accordance with such procedures (including the 
                establishment of trusts) as the Secretary determines to 
                be appropriate to protect the best interests of those 
                eligible members.
                    (D) Deceased eligible members.--The Secretary shall 
                make any per capita payment owed to a deceased eligible 
                member that is $100 or more to the appropriate living 
                heirs and legatees in accordance with a summary 
                distribution prepared by the Superintendent, Bureau of 
                Indian Affairs, Muskogee, Oklahoma, that identifies 
                those heirs or legatees who are living and located, and 
                pay to the governing body of the Delaware Tribe for 
                programming purposes (i) any portion owed to a deceased 
                heir or legatee, and (ii) any per capita payment owed 
                to a deceased eligible member that is less than $100. 
                If the Secretary contracts the determination of heirs 
                and legatees under paragraph (1)(B), the Superintendent 
                may rely on the results under that contract.
                    (E) Payments under certain amount.--The Secretary 
                shall pay to the governing body of the Delaware Tribe 
                for programming purposes each per capita payment of an 
                eligible member under this paragraph in an amount that 
                is less than $20.
                    (F) Remaining amounts.--Notwithstanding existing 
                authority--
                            (i) In general.--The Secretary shall 
                        provide to the governing body of the Delaware 
                        Tribe for programming purposes any amounts 
                        remaining on the date that is 1 year after the 
                        date on which the Secretary completes the 
                        initial distributions and transfers under this 
                        paragraph.
                            (ii) Determination.--The Secretary shall 
                        not be required to make more than one series of 
                        per capita payments under this paragraph before 
                        determining that amounts remaining are eligible 
                        for distribution to the governing body of the 
                        Delaware Tribe under this subparagraph.
    (d) Undistributed Delaware Tribe Trust Funds.--Notwithstanding 
existing authority, not later than 60 days after the date on which the 
motion filed under section 3 is granted, the Secretary shall distribute 
to the governing body of the Delaware Tribe for programming purposes 
all amounts in the undistributed Delaware Tribe Trust Funds.
    (e) Undistributed Per Capita Distributions to Certain Delaware 
Tribe Members.--
            (1) Distributions.--
                    (A) In general.--Notwithstanding existing 
                authority, not later than 60 days after the date on 
                which the motion filed under section 3 is granted, the 
                Secretary shall implement a process under which the 
                Secretary shall--
                            (i) determine, based on available 
                        information, which members of the Delaware 
                        Tribe listed on the roll prepared under Public 
                        Law 92-456 (25 U.S.C. 1291 et seq.) did not 
                        receive a distribution; and
                            (ii) make the required per capita payments 
                        to those members in accordance with subsection 
                        (b)(2)(B)(E).
                    (B) Remaining amounts.--Notwithstanding existing 
                authority--
                            (i) In general.--The Secretary shall 
                        provide to the governing body of the Delaware 
                        Tribe for programming purposes any amounts 
                        remaining on the date that is 1 year after the 
                        date on which the Secretary completes the 
                        initial distributions and transfers under this 
                        paragraph.
                            (ii) Determination.--The Secretary shall 
                        not be required to make more than one series of 
                        per capita payments under this paragraph before 
                        determining that amounts remaining are eligible 
                        for distribution to the governing body of the 
                        Delaware Tribe under this subparagraph.
            (2) Updating roll.--
                    (A) In general.--To the extent the Secretary 
                determines to be necessary to carry out paragraph (1), 
                the Secretary shall update, or offer to enter into a 
                contract with the Delaware Tribe under which the 
                Delaware Tribe shall update, the roll prepared by the 
                Secretary under Public Law 92-456 (25 U.S.C. 1291 et 
                seq.).
                    (B) Contract requirement.--Notwithstanding section 
                552a of title 5, United States Code (commonly known as 
                the ``Privacy Act of 1974''), or any other provision of 
                law, if the Secretary enters into a contract with the 
                Delaware Tribe under subparagraph (A), the Secretary 
                may provide to the Delaware Tribe--
                            (i) the roll prepared by the Secretary 
                        under Public Law 92-456 (25 U.S.C. 1291 et 
                        seq.); and
                            (ii) any other information the Secretary 
                        determines to be necessary to carry out the 
                        contract.
    (f) Undistributed Kansas Delaware Trust Funds and Undistributed 
Idaho Delaware Trust Funds.--
            (1) Updating roll.--
                    (A) In general.--To the extent necessary to fulfill 
                the purposes of this Act, the Secretary shall implement 
                a process to update the rolls, or offer to enter into 
                contracts with the Idaho Delaware and the Kansas 
                Delaware under which the Idaho Delaware and Kansas 
                Delaware shall update their respective roll, prepared 
                by the Secretary under paragraphs (1) and (3) of 
                section 5(a) of Public Law 96-318 (94 Stat. 968).
                    (B) Contract requirement.--Notwithstanding section 
                552a of title 5, United States Code (commonly known as 
                the ``Privacy Act of 1974''), or any other provision of 
                law, if the Secretary enters into a contract with the 
                Idaho Delaware or the Kansas Delaware under 
                subparagraph (A), the Secretary may provide to the 
                Idaho Delaware, the Kansas Delaware, or both--
                            (i) their respective roll prepared by the 
                        Secretary under paragraphs (1) and (3) of 
                        section 5(a) of Public Law 96-318 (94 Stat. 
                        968); and
                            (ii) any other information the Secretary 
                        determines to be necessary to carry out the 
                        contract.
            (2) Definition of enrollee.--In this subsection, the term 
        ``enrollee'' means a person who is listed on the rolls prepared 
        under paragraph (1) or (3) of section 5(a) of Public Law 96-318 
        (94 Stat. 968).
            (3) Apportionment.--Notwithstanding existing authority, of 
        amounts in the undistributed Idaho Delaware Trust Funds and the 
        undistributed Kansas Delaware Trust Funds, the Secretary shall 
        distribute--
                    (A) to the Delaware Tribe for programming purposes 
                not later than 60 days after the date on which the 
                motion filed under section 3 is granted, 37 percent of 
                amounts in the trust fund account numbered JA9480102 as 
                of the date of enactment of this Act (including 
                interest accruing on that account after that date) to 
                correct payments erroneously made from an account of 
                the Delaware Tribe to enrollees of the Kansas Delaware;
                    (B) to any appropriate attorney who makes a claim 
                within 60 days to the Secretary, amounts set aside 
                pursuant to Public Law 96-318 (94 Stat. 968) that are 
                held in trust for attorney's fees as of the date of 
                enactment of this Act and are determined to be owing by 
                the Secretary;
                    (C) to enrollees of the Kansas Delaware, in 
                accordance with paragraph (4)--
                            (i) 9.2 percent of the Joint Delaware Trust 
                        Funds; and
                            (ii) amounts remaining in the undistributed 
                        Kansas Delaware Trust Funds after making the 
                        distributions under subparagraphs (A) and (B); 
                        and
                    (D) to enrollees of the Idaho Delaware, in 
                accordance with paragraph (4)--
                            (i) 1.8 percent of the Joint Delaware Trust 
                        Funds; and
                            (ii) amounts remaining in the undistributed 
                        Idaho Delaware Trust Funds after making any 
                        distributions under subparagraph (B).
            (4) Payments to enrollees.--
                    (A) Adult enrollees.--The Secretary shall make per 
                capita payments under subparagraphs (C) and (D) of 
                paragraph (3) to enrollees aged 18 or older directly to 
                the enrollees.
                    (B) Disabled enrollees.--The Secretary shall make 
                per capita payments under subparagraphs (C) and (D) of 
                paragraph (3) to legally disabled enrollees in 
                accordance with such procedures (including the 
                establishment of trusts) as the Secretary determines to 
                be appropriate to protect the best interests of those 
                enrollees.
                    (C) Deceased enrollees.--The Secretary shall make 
                any per capita payment owed to a deceased eligible 
                enrollee under subparagraphs (C) and (D) of paragraph 
                (3) that is $100 or more to the appropriate living 
                heirs and legatees in accordance with a summary 
                distribution prepared by the appropriate 
                Superintendent, Bureau of Indian Affairs, that 
                identifies those heirs or legatees who are living and 
                located, and pay to the tribal governing bodies 
                pursuant to subparagraph (E)(i) for programming 
                purposes, (i) any portion owed to a deceased heir or 
                legatee, and, (ii) any per capita payment owed to a 
                deceased eligible enrollee that is less than $100. If 
                the Secretary contracts the determination of heirs and 
                legatees under paragraph (1)(B), the Superintendent may 
                rely on the results under that contract.
                    (D) Payments under certain amount.--Of each per 
                capita payment of an enrollee or heir or legatee under 
                this paragraph in an amount that is less than $20, the 
                Secretary shall pay, for programming purposes--
                            (i) 19 percent of the amount to the 
                        Delaware Nation; and
                            (ii) 81 percent of the amount to the 
                        Delaware Tribe.
                    (E) Remaining amounts.--Notwithstanding existing 
                authority--
                            (i) In general.--Of any amounts remaining 
                        on the date that is 1 year after the date on 
                        which the Secretary completes the initial 
                        distributions and transfers under this 
                        paragraph, the Secretary shall pay, for 
                        programming purposes--
                                    (I) 17 percent to the Delaware 
                                Nation; and
                                    (II) 83 percent to the Delaware 
                                Tribe.
                            (ii) Determination.--The Secretary shall 
                        not be required to make more than one series of 
                        per capita payments under this paragraph before 
                        determining that amounts remaining are eligible 
                        for distribution to the governing bodies of 
                        those tribes under this subparagraph.
            (5) Idaho delaware action.--
                    (A) The Idaho Delaware filed on May 25, 2007 an 
                action in the United States District Court for the 
                District of Idaho styled Delawares of Idaho, Inc. v. 
                Kempthorne, No. 1:07-cv-00237, seeking a writ of 
                mandamus compelling distributions of the amounts due 
                the Idaho Delaware enrollees under this section.
                    (B) This section shall not obligate the Secretary 
                to make any distribution or take any other action that 
                would be duplicative of any distribution or action 
                taken by the Secretary in that case voluntarily or 
                pursuant to the Judgment and Order of June 26, 2008 or 
                any other order of the court issued prior to the date 
                of enactment of this Act.

SEC. 6. DELAWARE TRIBE RELATIONSHIP WITH THE UNITED STATES.

    (a) Finding.--A December 3, 1940, letter of the Assistant 
Commissioner of Indian Affairs, approved by Assistant Secretary Oscar 
Chapman for the Department of the Interior on January 23, 1941, 
determined that the Delaware Tribe was eligible to organize as a 
distinct and separate tribe under the Oklahoma Indian Welfare Act.
    (b) Reorganization of the Delaware Tribe by the Department of the 
Interior.--If the Delaware Tribe elects to and is reorganized by the 
Secretary under section 3 of the Act of June 26, 1936 (25 U.S.C. 503) 
(commonly known as the ``Oklahoma Indian Welfare Act''), thereby 
restoring its direct government-to-government relationship with the 
United States and being restored to the List, or is restored to the 
List by any other means, such restoration shall be subject to the 
following provisions:
            (1) Any agreement (including future amendments thereto) 
        made after January 1, 2007, between the Delaware Tribe and the 
        Cherokee Nation addressing common issues of jurisdiction, 
        Federal funding, or land within the Cherokee Nation 
        Jurisdictional Boundary shall be binding upon Federal agencies 
        unless otherwise prohibited by law. If waived in such an 
        agreement, the sovereign immunity of the Delaware Tribe, as 
        reorganized, shall not prevent the enforcement of such an 
        agreement by the Cherokee Nation in any United States district 
        court. Disputes regarding enforcement of such agreements arise 
        under Federal Indian law for purposes of Federal court 
        jurisdiction.
            (2) The Secretary shall process a request to have land 
        acquired in trust for general purposes within the historical 
        areas of the Delaware Tribe as an on-reservation acquisition 
        under 25 CFR part 151 or its equivalent under any successor 
        regulation, if such consideration is expressly requested by the 
        Delaware Tribe within 25 years of a reorganization of the 
        Delaware Tribe by the Secretary under the Oklahoma Indian 
        Welfare Act.
            (3) No land within the Cherokee Nation Jurisdictional 
        Boundary may be taken into trust or restricted status under any 
        provision of law for the benefit of the Delaware Tribe without 
        the written consent of the Cherokee Nation.
            (4) Unless the Cherokee Nation and the Delaware Tribe agree 
        otherwise in writing, the Delaware Tribe shall have no tribal 
        jurisdiction over any Indian Country within the Cherokee Nation 
        Jurisdictional Boundary.
            (5) The Delaware Tribe is entitled to participate in the 
        Small Business Administration's 8(a) program with a new 
        graduation period and without any penalty or negative 
        consequences that might otherwise flow from its prior 
        participation in the program.

SEC. 7. CONSTRUCTION.

    (a) No Recognition of Certain Delaware Entities.--Nothing contained 
in this Act shall be construed as recognizing the Kansas Delaware, the 
Kansas Delaware Tribe of Indians, Incorporated, the Idaho Delaware, or 
the Delawares of Idaho, Incorporated, as federally recognized tribes.
    (b) No Other Tribal Interest in Delaware Funds.--Nothing in this 
Act shall be construed as providing any other tribe or the members of 
any other tribe who are not otherwise eligible members of the Delaware 
Tribe, or heirs or legatees of such members, with any interest in, or 
authority or jurisdiction over, any funds that are subject to sections 
1 through 5 of this Act.

SEC. 8. NO TAXATION OF DISTRIBUTIONS.

    None of the funds distributed per capita or made available for 
programming purposes under this Act shall be subject to Federal or 
State income taxes or be considered income or resources in determining 
eligibility for assistance under Federal, State, or local programs.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>