Free Response to Motion [Dispositive] - District Court of Federal Claims - federal

Case 1:02-cv-01383-MMS

Document 60-31

Filed 05/02/2007

Page 1 of 4

Calendar No. 122
1 0 5 CONGRESS ~ ~
IST

SESSION

H. R. 2107
[Report No. 105-561

I N T H E SENATE O F THE UNITED STATES
JULY 1997 16,
Received; read twice and referred to the Committee on Appropriations

JUT,Y 1997 22, Reported by Mr. GOIXTON, amendments with
[Omit thc part struck through and inscrt thc part printcd in italic]

AN ACT
Making appropriations for the Department of the Interior and related ageneies for the fiscal year ending September 30, 1998, and for other purposes.
1

B e i t e?~uctecl the Senate and House of Representaby

2 tives of the United Stc~tes America in Colzgress assembled, of

EXHIBIT 27
In Support of Plaintiff's Opposition to Motion to Dismiss on TPA & IHS Samish v. U.S., No. 02-1383L

444

Case 1:02-cv-01383-MMS

Document 60-31

Filed 05/02/2007

Page 2 of 4

52
1 i n szibstant.ially the same or better cond.itio.1~ cit the time as 2 of transfer. 3
SEC. 116. Section 115 of Public Law 103-332 is

4 amended by inserting after the word "title" the following: 5 "or provided from other Fede,ral agencies throzqh reimburs-

6 able or other agreements pz~rsuant to the Economy Act".
7
SEC. 117. The third proviso z~ncEerthe heciding "Com-

8 pact of Free Association" of Public Lazv 100-446 i s amend9 ed by striking "$2,000,000" and i?zserting "$2,500,000" 10 and by adding at the end of the proviso the following: "a?zd 1 I commencing on October 1, 1998 and every year thereafter, 12 this dollar amount shall be changed to 1-e&ct any flzlctua13 tion occurring during the previozis tzvelve (12) months i n 14 the Con.sumer Price Index, as determined by the Secretary

15 of Labor."
16
SEC. 118. (a) No jiinds available i n this Act or uny

17 other Act Jor tribal priority allocations (herein,after i n this 18 section "TPL4") i n excess of the funds expe~ndedfor TPA 19 i n fiscal year 1997 (a.djusted for fixed costs and internal 20 tran
Case 1:02-cv-01383-MMS

Document 60-31

Filed 05/02/2007

Page 3 of 4

53
1
(b) The BIA i s directed to develop a formula th.rozcgh

2 which T P A f u n d s will be allocated o n the basis of need, tak3 ing into account each tribe's tribal business revenues from 4 all business ventures, including gaming. The B I A shall sub5 m i t to the Congress its recommendations for need-based dis6 tribution forrnuLas for T P Afunds prior to Januamj 1, 1998.

7 Such recommendations shall include several proposecl for-

8 mulas, which shall provide alte?.native means of measuring
9 the wealth and needs of tribes.
10
(c) Notwithstanding a n y other provision of law, the

I 1 B I A i s hereby authorized to collect such financial and sup12 porting information as is necessary from each tribe receiv13 ing or seeking to receive T P A funding to determine such 14 tribe's tribal business revenue from business ventures, in15 cluding gaming, for use in determining such tribe's wealth 16 and needs for the purposes of this section. The B I A shall

17 obtain such infirmation on the previous calendar o,r fiscal
18 year's business revenues no Later than April 15th of each 19 year. For purposes of prepaying its reco.mmendutions zmcler 20 subsection (b), the BIA shall require each tribe that received 2 1 T P A funds in fiscal year 1997 to submit such information 22 by November 1, 1997. 23
(d) A t the request of a tribe, the B I A shall provide

24 such technical assistance as i s necessary to foster the tribe's 25 compliance w i t h subsection (c). A n y tribe which does not

Case 1:02-cv-01383-MMS

Document 60-31

Filed 05/02/2007

Page 4 of 4

54
1 comply w i t h subsection (c) in a n y given year zvill be ineli2 gible to receive TPA funds jor the following fiscal year, as

3 such tribe's relative need cannot be determined.
4

(e) For the pz~rposes of this section, the term "tribal

5 business revenue" means income, however derived, from a n y 6 venture (regardless o i the nature or puqpose of the activity) 7 owned, held, or operated, in whole or in part, by a n y entity 8 (whether cof-porate, partnership, sole proprietorship, trust, 9 or cooperative in nature) o n b e h a y of the collective members 10 of a n y tribe that has received or seeks to receive T P A , and 11 a n y income fr0.m License fees and royalties collected b y a n y 12 such tribe. Payments b y corporations to shareholders who 13 are shareholders based o n stock ownership, not tribal m e m 14 bership, zoill not be considered tribal business revenue under 15 this section unless the c o ~ o r a t i o ni s 'operated b y a tribe. 16

Cf)

Notwithstanding a n y provision of this L4ct or a n y

17 other Act hereinafter enacted, n o funds m a y be allocated 18 or expended by a n y agency of the Federal Government for 19 T P A afier October 1, 1998 except in accordance w i t h a 20 needs-based funding formula that tahxs into account u.11 2 1 tribal business revenues, including gaming, of each tribe re22 ceiv.ing TPAf i n d s .

23

SEC. 11 9. Section 11 6 of the Omnibus Appr-opria.tions

24 Act jor Fiscal Year 1997 (Public L a w 104-208; 11 0 Stat. 25 3009-201) is amended-