,,ii #aaith ,,congress #ast ,session ,s4 #fcj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ai1 #bjbe,mr4 ,mullin 7for himself and ,mr4 ,lankford7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to authorize the ,secretary of the ,treasury to make payments to the ,quapaw ,nation and certain members of the ,quapaw ,nation in accordance with the recommendation of the ,united ,states ,court of ,federal ,claims1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,quapaw ,tribal ,settlement ,act of #bjbe4 #b4 ,quapaw ,tribal settlement 7a7 ,definitions ,in this section3 7#a7 ,claimant ,the term ,claimant means each of-- 7,a7 the ,quapaw ,nation and the parties identified in paragraphs #a through #aj of the complaint in ,bear1 et al4 v4 ,united ,states1 ,no4 #ac-ea,x 7,fed4 ,cl4 ,mar4 #be1 #bjac72 and 7,b7 the individual members of the ,quapaw ,nation identified in ,exhibit ,a to the amended complaint in ,bear1 et al4 v4 ,united ,states1 ,no4 #ac-ea,x 7,fed4 ,cl4 ,mar4 #be1 #bjac7 filed on ,february #ad1 #bjad4 7#b7 ,report ,the term ,report means the report of the ,review ,panel of the ,united ,states ,court of ,federal ,claims in ,congressional ,reference ,case ,no4 #ac-ea,x1 ,bear1 et al4 v4 ,united ,states 7,jan4 #i1 #bjbj71 submitted to the ,house of ,representatives on ,january #ca1 #bjbj4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior 7or a designee74 7b7 ,establishment ,there is established a ,special ,deposit ,account in the ,department of the ,interior ,bureau of ,trust ,funds ,administration1 to be known as the ,quapaw ,bear ,settlement ,trust ,account4 7c7 ,administration ,the ,secretary of the ,interior by and through the ,bureau of ,trust ,funds ,administration shall administer all funds appropriated to the ,quapaw ,bear ,settlement ,trust ,account4 7d7 ,authorization of payment ,in accordance with the ,report1 the ,secretary of the ,interior is authorized and directed to pay to the ,claimants #acg1ejj1jjj out of any funds in the ,treasury of the ,united ,states not otherwise appropriated4 ,the ,secretary of the ,treasury shall transfer the single payment to the ,quapaw ,bear ,settlement ,trust ,account established in subsection 7b74 7e7 ,payment in accordance with report ,the payment under subsection 7d7 shall be made in accordance with the ,report4 7f7 ,distribution ,after the settlement proceeds are transferred to the ,quapaw ,bear ,settlement ,trust ,account specified under subsection 7b71 the settlement proceeds shall be available for use1 allocation1 and distribution in accordance with the ,claimants' distribution plan4 ,the ,claimants shall establish a distribution plan in accordance with subsection 7d7 and the procedures set forth in subsection 7g74 7g7 ,distribution of ,funds in the ,quapaw ,bear ,settlement ,trust ,account 7#a7 ,mediation 7,a7 ,no more than forty-five 7#de7 days following enactment of the ,act1 the ,claimants shall submit the issues of the allocation and distribution of the settlement proceeds to a mutually agreed upon third-party mediator4 7,b7 ,in the event the ,claimants do not submit to a mutually agreed upon third-party mediation within forty-five 7#de7 days pursuant to the preceding subparagraph1 then any ,claimant may initiate ,secretarial ,allocation procedures under paragraph 7#b7 below4 7,c7 ,any mediation shall be confidential and non-binding on the ,claimants without the written consent of the ,claimants1 provided that nothing in this paragraph shall be interpreted to bar the ,quapaw ,nation ,business ,committee from consulting with the ,quapaw ,nation ,indian ,council during mediation4 7,d7 ,no statements made or information exchanged during mediation shall be admissible in any future legal or dispute resolution proceedings without the written consent of the ,claimants4 7,e7 ,the ,claimants shall mutually agree to conduct mediation at a specified location4 ,each ,claimant shall pay its own costs1 plus an equal share of the costs of the mediator and the mediation facilities4 7,f7 ,following successful completion of any mediation under this section1 the ,claimants may submit a mutually agreed upon distribution plan to the ,secretary4 7,g7 ,upon submission of a mutually agreed upon distribution plan to the ,secretary1 the ,secretary shall distribute the funds in the ,quapaw ,bear ,settlement ,trust ,account to the ,claimants in accordance with their mutually agreed upon distribution plan4 7,h7 ,in the event the ,claimants do not reach a mutually agreed upon distribution plan following mediation1 then any ,claimant1 through written notification1 may submit the matter to the ,secretary who shall determine a final distribution plan allocating the funds in the ,quapaw ,bear ,settlement ,trust ,account in accordance with the ,report based on the procedures in paragraph 7#b74 7#b7 ,secretarial ,allocation 7,a7 ,following an unsuccessful mediation pursuant to the procedures in paragraph 7#a71 any ,claimant may petition the ,secretary to determine final allocations of settlement proceeds in accordance with subsection 7d74 7,b7 ,the ,secretary shall commence the ,secretarial ,allocation process in accordance with this paragraph 7#b7 if the ,claimants do not reach a mutually agreed upon allocation plan within #ah months following enactment of the ,act4 7,c7 ,upon the receipt of such a petition by a ,claimant1 the ,secretary or the ,secretary's designee shall order an allocation of the settlement proceeds pursuant to the following steps3 7i7 ,within thirty 7#cj7 days following the ,secretary's receipt of a petition to allocation settlement proceeds after failed mediation1 the ,secretary or the ,secretary's designee shall issue a scheduling order to establish a schedule for a hearing and the issuance of a final decision by the ,secretary of a final distribution plan4 7ii7 ,the ,secretary's decision determining a final distribution plan in accordance with subsection 7d7 shall be made following a hearing to be presided over by the ,secretary or the ,secretary's designee4 ,the hearing shall occur no less than sixty 7#fj7 days following the issuance of the scheduling order4 7iii7 ,at least fifteen 7#ae7 days prior to the hearing1 each ,claimant shall submit to the other ,claimants and to the ,secretary a copy of all exhibits on which such ,claimant intends to rely at the hearing1 a pre-hearing brief1 and a proposed final decision by the ,secretary4 ,the proposed final decision shall include a proposed distribution plan to be submitted to the ,secretary and shall be limited to proposed rulings and distributions for each ,claimant4 7iv7 ,within fourteen 7#ad7 days after the close of the hearing1 each ,claimant may submit a post-hearing brief to the ,secretary4 7v7 ,following the hearing and post-hearing brief1 the ,secretary shall issue a final decision determining a final distribution plan in accordance with subsection 7d7 within sixty 7#fj7 calendar days4 ,the ,claimants may mutually agree upon a binding distribution plan at any time before the ,secretary's decision is issued4 7vi7 ,within twenty 7#bj7 calendar days after transmittal of the ,secretary's final decision to the ,claimants1 the ,claimants may submit to the ,secretary any information necessary for the implementation of the final distribution plan4 7vii7 ,within sixty 7#fj7 days of the ,secretary's final decision determining a final distribution plan1 the ,secretary shall distribute the funds in the ,quapaw ,bear ,settlement ,trust ,account to the ,claimants pursuant to the terms of the final distribution plan4 7viii7 ,any deadlines established in this section may be extended by unanimous mutual agreement of the ,claimants4 7#c7 ,federal ,mediation ,conciliation ,service ,in discharging any duties under this ,act1 the ,secretary is authorized to utilize the ,federal ,mediation ,conciliation ,service to provide technical support and dispute resolution resources1 provided1 however1 that the ,secretary or the ,secretary's designee is responsible for approving and implementing any mutually agreed-upon or binding distribution plan reached pursuant to this ,act4