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the armed forces of a foreign country party to an international agreement.

In summary, the Department of Defense is generally in favor of the proposed amendments to subsections (a) and (c) of section 2734a, and accordingly recommends favorable consideration of H.R. 203 if amended as suggested herein.

The cost of the legislation cannot be definitely ascertained since we are unable to forecast the number of "legally responsible" accidents or incidents in countries where agreements are in effect and which are not payable under the present statute. On the basis of 12 years' experience, however, this type of claim is expected to have very little, if any, budgetary impact. It appears that damage or death claims arising indirectly from combat would have no budgetary effect in view of the more limited provisions in the international agreements. With respect to subsection (c), this Department defers to the Department of Transportation for an estimate of the anticipated costs arising from its overseas operations where international agreements are in effect. Our figures show that to date the claims generated have involved only minor property damage and no personal injury or death claims.

This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Bureau of the Budget advises that, from the standpoint of the administration's program, there is no objection to the presentation of this report for the consideration of the committee.

Sincerely,

LEONARD MARKS, Jr., Assistant Secretary of the Air Force.

CHANGES IN EXISTING LAW

In compliance with paragraph 2 of clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman):

UNITED STATES CODE, TITLE 10-ARMED FORCES

CHAPTER 163-MILITARY CLAIMS

§ 2734a. Property loss; personal injury or death; incident to noncombat activities of armed forces; foreign countries; international agreements.

[(a) Under an international agreement to which the United States is a party that provides that claims against the United States arising out of the acts or omissions in the performance of official duty in a foreign country of a civilian employee, or a member, of an armed force may be adjudicated by that country under its laws and regulations, the Secretary of Defense may]

(a) When the United States is one of the contracting parties to an international agreement which provides for the settlement or adjudication and cost sharing of claims against the United States arising out of acts

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or omissions of members of its force, its civilian employees, or duly authorized agents done in the performance of official duty under the agreement, or out of any other act, omission, or occurence for which a force or civilian component is legally responsible, the Secretary of Defense or the Secretary of Transportation or their designees, may—

[(1) reimburse that country for the agreed pro rata share of such amounts as are spent by that country to pay those claims, including the costs of settlement or arbitration; or]

(1) reimburse a foreign country for the agreed pro rata share of amounts paid by the country in satisfying au ards or judgments on third party claims, including any authorized arbitration costs, for damage, personal injury, or death to third parties, other than any of the contracting parties, when the claim was settled or adjudicated by that country under its laws and regulations, in accordance with the agreement, or

[(2) pay that country the agreed pro rata share of claims arising out of damage to the property of that country, including the costs of settlement or arbitration.]

(2) pay that country the agreed pro rata share of its property damage, including any authorized arbitration costs, for damage to property owned by it, located in its territory and not being used by its land, sea, or air armed services, when the claim was settled by an agreement between the parties concerned, or by a sole arbitrator, in accordance with the agreement. In this subsection, the terms "force", "civilian component", and "receiving state" have the same meaning as they have in the respective international agreements under which reimbursement or payment to a foreign government is authorized by this subsection.

(b) A claim arising out of an act of an enemy of the United States or arising, directly or indirectly, from an act of the Armed Forces, or a member thereof, while engaged in combat may not be considered or paid under this section.

(c) A reimbursement or payment under this section shall be made by the Secretary of Defense out of appropriations for that purpose [Those appropriations may be used to buy foreign currencies needed for the reimbursement.] except that payment of claims against the Coast Guard arising while it is operating as a service of the Department of Transportation shall be made out of the appropriations for the operating expenses of the Coast Guard. The appropriations referred to in this subsection may be used to buy foreign currencies required for the reimbursement or payment.

(d) Upon the request of the Secretary of Transportation or his designee, any payments made relating to claims arising from the activities of the Coast Guard and covered by subsection (a) may be reimbursed or paid to the foureign country concerned by the authorized representative of the Department of Defense out of the appropriation for claims of the Department of Defense, subject to reimbursement from the Department of Transportation.

O

H.R. 1154

90TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

REPORT No. 1155

AMENDING PUBLIC LAW 90-60 WITH RESPECT TO JUDGMENT FUNDS OF THE UTE MOUNTAIN TRIBE

MARCH 5, 1968.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. HALEY, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany H.R. 14922]

The Committee on Interior and Insular Affairs, to whom was referred the bill (H.R. 14922) to amend Public Law 90-60 with respect to judgment funds of the Ute Mountain Tribe, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE

The purpose of H. R. 14922, introduced by Mr. Aspinall, is to permit the Ute Mountain Tribe to use its portion of an Indian Claims Commission judgment in favor of the Confederated Bands of Ute Indians. The Ute Mountain Tribe's portion of the judgment is $1,441,002.24.

NEED

The judgment was divided between the three Ute groups entitled thereto pursuant to the act of August 1, 1960, Public Law 90–60. The other two groups were the Ute Indian Tribe of the Uintah and Ouray Reservation, and the Southern Ute Tribe. These two groups were authorized by that act to use their portions of the judgment on the basis of plans that had been prepared and approved by the Secretary of the Interior, and reviewed by this committee.

Public Law 90–60 did not authorize the Ute Mountain Tribe to use its portion of the judgment because at that time no plan for its use had been prepared.

The Ute Mountain Tribe's plan has since been prepared, and is summarized in the report of the Department of the Interior. Use of

the money as proposed should contribute substantially to the continued social and economic improvement of the tribe. This committee has been assured that adequate provision has been made to meet the educational needs of the tribal members.

COST

No expenditure of Federal funds is involved.

DEPARTMENTAL REPORT

The favorable report of the Department of the Interior is as follows: U.S. DEPARTMENT OF THE INTERIOR,

Hon. WAYNE N. ASPINALL,

OFFICE OF THE SECRETARY, Washington, D.C., February 21, 1968.

Chairman, Committee on Interior and Insular Affairs,

House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: Your committee has requested this Department's report on H.R. 14922, a bill to amend Public Law 90–60 with respect to judgment funds of the Ute Mountain Tribe.

H.R. 14922 would amend the act of August 1, 1967 (81 Stat. 164). That act provides for the distribution and disposition of moneys awarded the Confederated Bands of Ute Indians in Indian Claims Commission docket No. 327 by providing for a division of the award among the entities comprising the Confederated Bands of Ute Indians, and making the money available for use in accordance with existing authorizations. It does not, however, authorize the use of the Ute Mountain Tribe's portion of this money. H.R. 14922 would authorize such use under existing authorizations, i.e., for any purposes designated by the tribal governing body and approved by the Secretary.

We have no objection to the enactment of this bill, but, as we stated last year, it is not necessary. Specific legislation (25 U.S.C. 672) provides adequate authority for the use of the judgment money. The enactment of this bill would reaffirm that authority.

That portion of docket No. 327 money allocated to the Ute Mountain Tribe and the interest thereon earned to June 28, 1967, have been invested in certificates of deposit which are earning 5 percent per annum. Such investment is made by the Bureau of Indian Affairs of this Department under authority of 25 U.S.C. 162(a). The amount invested is $1,441,002.24.

The Ute Mountain Tribe proposes to use this amount to fund an amended family plan which was recently submitted for consideration. This tribe has had a family plan for many years following receipt of approximately $6 million from a judgment in 1950. Previous family plan funds were invested largely in the construction and furnishing of modern houses and the purchase of livestock and allied purposes. There is a small residual in the present family plan fund being administered by the tribe. Provision is made in the ongoing family plan which was approved on September 19, 1962, to invest a portion of the minors' share in a trust fund. This provision still prevails in the current proposal.

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The amended family plan requests an additional $1,000 per member to be added to the remaining family plan funds. It will be administered under established family plan procedures and regulations. These procedures and regulations put the administrative burden on the tribal governing body and its appointed committees, with some latitude given to individual members in order that they may learn financial management. The above-mentioned $1,000 per member will be supplemental and in addition to all other sums heretofore paid to any member under any previous plan.

The purposes for which the funds will be used are listed as follows: 1. To insure up to 5 years uninsured family dwellings built with previous family plan funds.

2. To continue to purchase necessary household furniture and major appliances not acquired with previous family plan funds. 3. To make house repairs. Many of the homes built with previous family plan money are now in need of major repair and no other moneys are available to the owners to make such repairs. 4. To purchase livestock equipment and possible business property and equipment. There is sufficient tribal rangelands on the reservation to support more livestock.

5. Family plan allocation given to minors will be divided between pooling the share with other family member shares for the above purposes and investing the remainder in an ongoing minors' trust.

6. Family plan money of members 65 years of age or older may be used for supplemental subsistence requirements. In administering the amended family plan, the tribal council and its appointed committees will investigate the living conditions, social relations, economic development, and the health and welfare environment of each family, and will assist the family in formulating its goals for which family plan funds shall be expended. Administrative costs for the estimated 21⁄2 years that it will take to carry out the program are estimated at $50,000. These costs will be borne by the tribe.

The estimated number of members when the plan becomes effective will be 1,100. After the allocation of $1,000 per member, plus the $50,000 for administrative purposes, have been deducted from the investment, any balance remaining from the certificates of deposit and the earnings thereon will be reinvested in another certificate of deposit.

We believe that the purposes set forth in the amended family plan will provide for the continuing social and economic uplift of the Ute Mountain Tribe.

A socioeconomic report on the Ute Mountain Tribe of the Ute Mountain Reservation was submitted to the committee on June 19, 1967, when it was considering H.R. 6629.

The Bureau of the Budget has advised that there is no objection to the presentation of this report from the standpoint of the administration's program.

Sincerely yours,

HARRY R. ANDERSON, Assistant Secretary of the Interior.

H.R. 1155

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