25 U.S.C. § 118 — Payments in satisfaction of judgments

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 Repealed.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 involved or, if such mem- bers 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. (Pub. L. 98–64, § 1, Aug. 2, 1983, 97 Stat. 365.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 98–64, Aug. 2, 1983, 97 Stat. 365, which enacted sections 117a to 117c and repealed section 117 of this title and repealed section 19 (per capita payments pro- visions) of act June 28, 1898, ch. 517, 30 Stat. 502, is pop- ularly known as the ‘‘Per Capita Act’’. § 117b. Distribution of funds (a) Previous contractual obligations; tax exemp- tion 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]. (b) Funds appropriated in satisfaction of judg- ments Nothing in sections 117a to 117c of this title shall affect the requirements of the Act of Octo- ber 19, 1973 (87 Stat. 466), as amended [25 U.S.C. 1401 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 if all other provisions of the 1973 Act are met, includ- ing but not limited to, the protection of the in- terests 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 1 Tribe of the Wind River Reserva- tion, Wyoming. (Pub. L. 98–64, § 2, Aug. 2, 1983, 97 Stat. 365.) Editorial Notes REFERENCES IN TEXT Act of October 19, 1973, referred to in subsec. (b), is Pub. L. 93–134, Oct. 19, 1973, 87 Stat. 466, known as the Indian Tribal Judgment Funds Use or Distribution Act, which is classified generally to chapter 16 (§ 1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1401(c) of this title and Tables. § 117c. Standards for approval of tribal pay- ments; United States not liable for distribu- tion of funds; continuing responsibility under other provisions (a) The Secretary shall, by regulation, estab- lish reasonable standards for the approval of tribal payments pursuant to section 117a of this title and, where approval is given under such regulations, the United States shall not be lia- ble 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, includ- ing those which derive from the trust relation- ship and from any treaties, Executive orders, or agreements between the United States and any Indian tribe. (Pub. L. 98–64, § 3, Aug. 2, 1983, 97 Stat. 365.) § 118. Payments in satisfaction of judgments Payments to Indians made from moneys ap- propriated by Congress in satisfaction of the judgment of any court shall be made under the direction of the officers of the Interior Depart- ment charged by law with the supervision of In- dian affairs, and all such payments shall be ac- counted for to the Treasury in conformity with law. (Mar. 3, 1911, ch. 210, § 28, 36 Stat. 1077.) Page 36 TITLE 25—INDIANS § 119 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. Transfer of disbursement functions of all Government agencies with certain exceptions to the Fiscal Service, Department of the Treasury, see note set out under sec- tion 53 of this title. § 119. Allotment of tribal funds to individual In- dians The Secretary of the Interior is authorized, in his discretion, from time to time, to designate any individual Indian belonging to any tribe or tribes whom he may deem to be capable of man- aging his or her affairs, and he may cause to be apportioned and allotted to any such Indian his or her pro rata share of any tribal or trust funds on deposit in the Treasury of the United States to the credit of the tribe or tribes of which said Indian is a member, and the amount so appor- tioned and allotted shall be placed to the credit of such Indian upon the books of the Treasury, and the same shall thereupon be subject to the order of such Indian: Provided, That no appor- tionment or allotment shall be made to any In- dian until such Indian has first made an applica- tion therefor: Provided further, That the Secre- taries of the Interior and of the Treasury are di- rected to withhold from such apportionment and allotment a sufficient sum of the said Indian funds as may be necessary or required to pay any existing claims against said Indians that may be pending for settlement by judicial deter- mination in the United States Court of Federal Claims or in the Executive Departments of the Government, at time of such apportionment and allotment. (Mar. 2, 1907, ch. 2523, § 1, 34 Stat. 1221; Pub. L. 97–164, title I, § 160(a)(7), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. 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. § 120. Per capita payments to enrolled members of Choctaw and Chickasaw Tribes The Secretary of the Interior, under rules and regulations to be prescribed by him, is author- ized to make per capita payments of not to ex- ceed $200 annually to the enrolled members of the Choctaw and Chickasaw Tribes of Indians of Oklahoma, entitled under existing law to share in the funds of said tribes, or to their lawful heirs, of all the available money held by the Government of the United States for the benefit of said tribes in excess of that required for ex- penditures authorized by annual appropriations made therefrom or by existing law. (Feb. 14, 1920, ch. 75, § 18, 41 Stat. 427.) 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. § 121. Payment of share of tribal funds to help- less Indians The pro rata share of any Indian who is men- tally or physically incapable of managing his or her own affairs may be withdrawn from the Treasury in the discretion of the Secretary of the Interior and expended for the benefit of such Indian under such rules, regulations, and condi- tions as the said Secretary may prescribe: Pro- vided, That said funds of any Indian shall not be withdrawn from the Treasury until needed by the Indian and upon his application and when approved by the Secretary of the Interior. (Mar. 2, 1907, ch. 2523, § 2, 34 Stat. 1221; May 18, 1916, ch. 125, § 1, 39 Stat. 128.) 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. § 122. Limitation on application of tribal funds No funds belonging to any Indian tribe with which treaty relations exist shall be applied in any manner not authorized by such treaty, or by express provisions of law; nor shall money ap- propriated to execute a treaty be transferred or applied to any other purpose, unless expressly authorized by law.