CHAPTER 4-14
CLAIMS AGAINST PER CAPITA

4-14-1 Claims Against Per Capita.

(A)    Authority. Pursuant to the PBPN Constitution, Article V, Section 1, the Tribal Council has the responsibility for lawmaking.

(B)    Jurisdiction. As required by the Nation’s Constitution and amendments thereto, the authority and jurisdiction of the Nation shall extend to the fullest extent possible, including, without limitation to all Tribal Members, wherever located, exercising any tribal rights pursuant to federal, tribal or state law.

(C)    Purpose. This Section establishes policy and rules for permitted claims against a Tribal member’s per capita. For over two hundred years, federal Indian policies, which included forced Assimilation and forced Allotment resulted in the deaths of hundreds of thousands of Indian peoples, the taking of millions of acres of tribal homelands, the suppression of tribal religion and culture, and the destruction of tribal economies. The aftermath of these insidious policies continue to plague Indian country to this day. In 1987 the U.S. Supreme Court upheld Indian gaming as a crucial means by which tribal governments could exercise tribal self-determination and self-governance and begin to generate governmental revenue for essential tribal services and functions. Revenue from the Prairie Band Potawatomi Nation Casino has begun to change life for tribal members both on and off the Reservation and per capita payments help to assuage and redress the multiple wrongs that the federal policies created.

(D)    Definitions. For purposes of this Section and pursuant to Article II, Section 1 of the Prairie Band Potawatomi Nation Per Capita Ordinance as last amended, the following definitions shall apply:

(1)    Tribal Member: means any individual who is currently enrolled on the Prairie Band Potawatomi Tribal roll.

(2)    Tribal Council: means the seven member elected governing body of the Prairie Band Potawatomi Nation. This seven member body consists of the Tribal Chairperson, Tribal Vice Chairperson, Treasurer, Secretary, and three Tribal Council Members, who exercise the executive and legislative powers enumerated in the Prairie Band Potawatomi Nation Constitution.

(3)    Prairie Band Potawatomi Nation ("Nation"): also known as the Prairie Band of Potawatomi Indians means the federally recognized Indian tribe exercising jurisdiction over the Prairie Band Potawatomi reservation and other Indian lands, which are held in trust by the Federal Government for the tribes use and benefit.

(4)    Per-Capita: means the payment provided to all enrolled members of the Prairie Band Potawatomi Nation, which are paid directly from the Prairie Band Potawatomi Nation Casino Net Gaming Revenues pursuant to the Prairie Band Potawatomi Nation Per Capita Ordinance then in effect, and in accordance with the Indian Gaming Regulatory Act, as defined herein.

(5)    Per-Capita Pay Period: means the quarterly period of time established by the Tribal Council that is used to calculate Net-Gaming Revenues actual and projected available for the Per-Capita Payment in the period. The four quarterly periods end on March 31st, June 30th, September 30th and December 31st of each year.

(6)    Per Capita Share: means a Tribal Member’s equal share of a Per Capita payment prior to a reduction for any withholding, garnishment, or levy permitted by this Section, but after withholding at the source required by federal income tax law.

(7)    Eligible Tribal Member: means any living member of the Prairie Band Potawatomi Nation, who has not relinquished or waived rights to be on the tribal roll.

(8)    IGRA: means the Indian Gaming Regulatory Act of 1988 (public law 100-497) 102 stat. 2467 dated October 17, 1988 (codified at 25 U.S.L.. 2701-21 1988) and any amendments.

(9)    Prairie Band Potawatomi Nation Per Capita Ordinance: The Tribal law approved by the United States Secretary of Interior in compliance with the Indian Gaming Regulatory Act (IGRA (25 U.S.C. Section 2701)) which governs and describes the Nation’s Revenue Allocation Plan including Per Capita distributions.

(10)    Distribution Date/s: means those dates set by the Tribal Council for the distribution of a Per-Capita Payment. Those dates set by the Tribal Council are March 15th, June 15th, September 15th and December 15th, of each year.

(11)    Eligibility Date: means the day a person’s application is approved for Tribal Membership by the Enrollment Committee. The eligibility determination dates for distributions are February 15th, May 15th, August 15th and November 15th of each year.

(E)    Character of Per Capita.

(1)    A Per Capita payment is a personal benefit to a Tribal member.

(2)    A Per Capita payment is a periodic payment not a property right.

(3)    A Per Capita Share is property of the Nation until such time as a distribution is duly made.

(F)    Distribution of a Per Capita Payment. A distribution of a Per Capita payment occurs when the Per Capita payments are placed in the U.S. Mail or otherwise transferred to a Tribal Member.

(G)    Permitted Claims against a Per Capita Share.

(1)    A Per Capita Share shall not be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, seizure, attachment or other legal or equitable process except that a Per Capita Share may be subject to the following claims:

(a)    A debt or monetary obligation owed by a Tribal Member to the Nation and that is evidenced by (1) a judgment of the PBPN District Court permitting recovery from such Tribal members’ Per Capita Share; or (2) a writing signed by a Tribal Member stating their consent to allow payment from their Per Capita Share for a debt that is owed to the Nation.

(b)    An order of garnishment issued by the PBPN District Court for child support pursuant to the Potawatomi Law and Order Code Child Support Code, the Juvenile Code or the Juvenile Offender Code or any other applicable tribal law;

(c)    A federal income tax levy issued against the income or property of a Tribal Member;

(2)    Priority of Claims. If there is more than one claim against the same Per Capita payment, the claims shall be paid in the following priority:

(a)    Federal tax levy, to the extent that child support is allowable and payable

(b)    Child support

(c)    Debts owed to the Nation

(3)    Other Remedies for Debts Owed to the Nation. Nothing in this Section shall restrict the Nation from obtaining security for and enforcing the payment of a debt that is owed by a Tribal Member to the Nation through mortgages, liens, foreclosures, attachments, and other remedies.

(H)    Prohibited Claims. Except those claims that are permitted in Section (G) above, a Per Capita Share shall not be subject to anticipation, alienation, sale, transfer, assignment pledge, encumbrance or charge, seizure, attachment or other legal or equitable process; and any proceeding for those purposes shall not be recognized nor enforceable.

(Amended by PBP TC No. 2013-142, July 15, 2013)