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25 U.S.C. § 117a — Per capita distribution of funds to tribe members
Federal law — U.S. Code and appendices · legal_authorities
Funds which are held in trust by the Secretary of the Interior (hereinafter referred to as the “Secretary”) for an Indian tribe and which are to be distributed per capita to members of that tribe may be so distributed by either the Secretary or, at the request of the governing body of the tribe and subject to the approval of the Secretary, the tribe. Any funds so distributed shall be paid by the Secretary or the tribe directly to the members involved or, if such members are minors or have been legally determined not competent to handle their own affairs, to a parent or guardian of such members or to a trust fund for such minors or legal incompetents as determined by the governing body of the tribe.
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Source file: Laws/federal/codes/united-states-code/title-25/section-117a-per-capita-distribution-of-funds-to-tribe-members--2625d1ac3e.md
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Source location: Title 25, Chapter 4, § 117a; chapter-004-performance-by-united-states-of-obligations-to-indians.md
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Funds which are held in trust by the Secretary of the Interior (hereinafter referred to as the “Secretary”) for an Indian tribe and which are to be distributed per capita to members of that tribe may be so distributed by either the Secretary or, at the request of the governing body of the tribe and subject to the approval of the Secretary, the tribe. Any funds so distributed shall be paid by the Secretary or the tribe directly to the members involved or, if such members are minors or have been legally determined not competent to handle their own affairs, to a parent or guardian of such members or to a trust fund for such minors or legal incompetents as determined by the governing body of the tribe.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 10, 1896, ch. 398, § 1, 29 Stat. 336, directed that any sums of money to be paid per capita to individual Indians be paid to said Indians by an officer of the Government designated by the Secretary of the Interior. See section 117a et seq. of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 117
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In determining the student aid index for Native American students, computations performed pursuant to this part shall exclude—
(1) any income and assets of $2,000 or less per individual payment received by the student (and spouse) and student’s parents under Public Law 98–64 ([25 U.S.C. 117a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section117a&num=0&edition=prelim) et seq.; 97 Stat. 365) (commonly known as the “Per Capita Act”) or the Indian Tribal Judgment Funds Use or Distribution Act ([25 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1401&num=0&edition=prelim) et seq.); and
(2) any income received by the student (and spouse) and student’s parents under the Alaska Native Claims Settlement Act ([43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.) or the Maine Indian Claims Settlement Act of 1980 ([25 U.S.C. 1721](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1721&num=0&edition=prelim) et seq.).11 See References in Text note below.
**(b) Guidance** The Secretary shall develop guidance, in consultation with Tribal Colleges and Universities (as defined in [section 1059c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059c&num=0&edition=prelim)) and the State higher education agency in Alaska and Maine, to implement the determination under subsection (a) without adding additional questions to the FAFSA, including through the use of the authority under [section 1087tt of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087tt&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1087uu–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Previous contractual obligations; tax exemption** Funds distributed under sections 117a to 117c of this title shall not be liable for the payment of previously contracted obligations except as may be provided by the governing body of the tribe and distributions of such funds shall be subject to the provisions of section 7 of the Act of October 19, 1973 (87 Stat. 466), as amended [[25 U.S.C. 1407](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1407&num=0&edition=prelim)].
**(b) Funds appropriated in satisfaction of judgments** Nothing in sections 117a to 117c of this title shall affect the requirements of the Act of October 19, 1973 (87 Stat. 466), as amended [[25 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1401&num=0&edition=prelim) et seq.], or of any plan approved thereunder, with respect to the use or distribution of funds subject to that Act: Provided, That per capita payments made pursuant to a plan approved under that Act may be made by an Indian tribe as provided in [section 117a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section117a&num=0&edition=prelim) if all other provisions of the 1973 Act are met, including but not limited to, the protection of the interests of minors and incompetents in such funds.
**(c) Shoshone Tribe and Arapaho Tribe of the Wind River Reservation, Wyoming** Nothing in sections 117a to 117c of this title, except the provisions of subsection (a) of this section, shall apply to the Shoshone Tribe and the Arapahoe 11 So in original. Probably should be “Arapaho”. Tribe of the Wind River Reservation, Wyoming.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 117b
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall, by regulation, establish reasonable standards for the approval of tribal payments pursuant to [section 117a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section117a&num=0&edition=prelim) and, where approval is given under such regulations, the United States shall not be liable with respect to any distribution of funds by a tribe under sections 117a to 117c of this title.
**(b)** Nothing in sections 117a to 117c of this title shall otherwise absolve the United States from any other responsibility to the Indians, including those which derive from the trust relationship and from any treaties, Executive orders, or agreements between the United States and any Indian tribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 117c
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Federal law — U.S. Code and appendices · legal_authorities
Page 35
TITLE 25—INDIANS
§ 118
1 So in original. Probably should be ‘‘Arapaho’’.
CODIFICATION
R.S. § 2082 derived from act June 30, 1834, ch. 162, § 12,
4 Stat. 737.
§ 116. Indians 18 years of age to have right to re-
ceipt for annuity
All Indians, when they shall arrive at the age
of eighteen years, shall have the right to receive
and receipt for all annuity money that may be
due or become due to them, if not otherwise in-
capacitated under the regulations of the Indian
Office.
(Mar. 1, 1899, ch. 324, § 8, 30 Stat. 947.)
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-
tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
§ 117. Repealed. Pub. L. 98–64, § 4(a), Aug. 2, 1983,
97 Stat. 366
Section, act June 10, 1896, ch. 398, § 1, 29 Stat. 336, di-
rected that any sums of money to be paid per capita to
individual Indians be paid to said Indians by an officer
of the Government designated by the Secretary of the
Interior. See section 117a et seq. of this title.
§ 117a. Per capita distribution of funds to tribe
members
Funds which are held in trust by the Secretary
of the Interior (hereinafter referred to as the
‘‘Secretary’’) for an Indian tribe and which are
to be distributed per capita to members of that
tribe may be so distributed by either the Sec-
retary or, at the request of the governing body
of the tribe and subject to the approval of the
Secretary, the tribe. Any funds so distributed
shall be paid by the Secretary or the tribe di-
rectly to the members in
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 117a
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