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25 U.S.C. § 117b — Distribution of funds

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 117b — Distribution of funds

**(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.

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Source location: Title 25, Chapter 4, § 117b; chapter-004-performance-by-united-states-of-obligations-to-indians.md

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1401 — Funds appropriated in satisfaction of judgments of Indian Claims Commission or United States Court of Federal Claims

**(a) Use and distribution** Notwithstanding any other law, all use or distribution of funds appropriated in satisfaction of a judgment of the Indian Claims Commission or the United States Court of Federal Claims in favor of any Indian tribe, band, group, pueblo, or community (hereinafter referred to as “Indian tribe”), together with any investment income earned thereon, after payment of attorney fees and litigation expenses, shall be made pursuant to the provisions of this chapter. **(b) Amounts remaining to be held in trust unless otherwise provided** Except as provided in sections 164 and 165 of this title, amounts which the Secretary of the Interior has remaining after execution of either a plan under this chapter, or another Act enacted heretofore or hereafter providing for the use or distribution of amounts awarded in satisfaction of a judgment in favor of an Indian tribe or tribes, together with any investment income earned thereon and after payment of attorney fees and litigation expenses, shall be held in trust by the Secretary for the tribe or tribes involved if the plan or Act does not otherwise provide for the use of such amounts. **(c) Short title** This chapter may be cited as the “Indian Tribal Judgment Funds Use or Distribution Act”.

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25 U.S.C. § 1407 — Tax exemption; resources exemption limitation

None of the funds which— (1) are distributed per capita or held in trust pursuant to a plan approved under the provisions of this chapter, or 11 So in original. The word “or” probably should not appear. (2) on January 12, 1983, are to be distributed per capita or are held in trust pursuant to a plan approved by the Congress prior to January 12, 1983, (3) were distributed pursuant to a plan approved by Congress after December 31, 1981 but prior to January 12, 1983, and any purchases made with such funds, or (4) are paid by the State of Minnesota to the Bois Forte Band of Chippewa Indians or the Grand Portage Band of Lake Superior Chippewa Indians, or both, pursuant to the agreements of each Band to voluntarily restrict tribal rights to hunt and fish in territory cede 22 So in original. Probably should be “ceded”. under the Treaty of September 30, 1854 (10 Stat. 1109), including all interest accrued on such funds during any period in which such funds are held in a minor’s trust, including all interest and investment income accrued thereon while such funds are so held in trust, shall be subject to Federal or State income taxes, nor shall such funds nor their availability be considered as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act [[42 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) et seq.] or, except for per capita shares in excess of $2,000, any Federal or federally assisted program.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 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 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

25 U.S.C. § 117b — Distribution of funds

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

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1401 — Funds appropriated in satisfaction of

Page 224 TITLE 25—INDIANS § 1341 is neither granted nor denied within ninety days following the making of such application, such approval shall be deemed to have been granted. (Pub. L. 90–284, title VI, § 601, Apr. 11, 1968, 82 Stat. 80.) SUBCHAPTER V—MATERIALS AND PUBLICATIONS § 1341. Authorization of Secretary (a) Revision of document on ‘‘Indian Affairs, Laws and Treaties’’ and treatise on ‘‘Federal Indian Laws’’; compilation of official opin- ions; printing and republication In order that the constitutional rights of Indi- ans might be fully protected, the Secretary of the Interior is authorized and directed to— (1) have the document entitled ‘‘Indian Af- fairs, Laws and Treaties’’ (Senate Document Numbered 319, volumes 1 and 2, Fifty-eighth Congress), revised and extended to include all treaties, laws, Executive orders, and regula- tions relating to Indian affairs in force on Sep- tember 1, 1967, and to have such revised docu- ment printed at the Government Publishing Office; (2) have revised and republished the treatise entitled ‘‘Federal Indian Law’’; and (3) have prepared, to the extent determined by the Secretary of the Interior to be feasible, an accurate compilation of the official opin- ions, published and unpublished, of the Solic- itor of the Department of the Interior relating to Indian affairs rendered by the Solicitor prior to September 1, 1967, and to have such compilation printed as a Government publica- tion at the Government Publishing Office. (b) Current services With respect to the document entitled ‘‘Indian Affairs, Laws and Treaties’’ as revised and ex- tended in accordance with paragraph (1) of sub- section (a), and the compilation prepared in ac- cordance with paragraph (3) of such subsection, the Secretary of the In

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1407 — Tax exemption; resources exemption limi-

Page 227 TITLE 25—INDIANS § 1407 1 So in original. The word ‘‘or’’ probably should not appear. 2 So in original. Probably should be ‘‘ceded’’. which statement shall specify the alter- natives, if any, proposed by such Indian tribe or individuals in lieu of such plan, together with an indication of the degree of support among the interested parties for each such al- ternative. (Pub. L. 93–134, § 4, Oct. 19, 1973, 87 Stat. 467.) § 1405. Effective date of plan; joint resolution of disapproval (a) Original plan The plan prepared by the Secretary shall be- come effective, and he shall take immediate ac- tion to implement the plan for the use or dis- tribution of such judgment funds, at the end of the sixty-day period (excluding days on which either the House of Representatives or the Sen- ate is not in session because of an adjournment of more than three calendar days to a day cer- tain) beginning on the day such plan is sub- mitted to the Congress, unless during such sixty-day period a joint resolution is enacted disapproving such plans. (b) Proposed legislation and report to Congress following Congressional disapproval Within thirty calendar days after the date of enactment of a joint resolution disapproving a plan, the Secretary shall submit to the Congress proposed legislation, together with a report thereon, authorizing use or distribution of such funds. (c) Successor plan previously withdrawn or amended prior to Congressional action; con- sent to amendments Within the sixty-day period and before the adoption of any resolution disapproving a plan, the Secretary may withdraw or amend such plan: Provided, That any amendments affecting the division of an award between two or more beneficiary entities shall be subject to the con- sent of these

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