§ 1403 TITLE 25—INDIANS Page 404

(d) Submission of proposed legislation and report to Congress in absence of consent of

tribal governments to division of judgment

funds between two or more beneficiary entities

In cases where the Secretary has to submit a

plan dividing judgment funds between two or

more beneficiary entities, he shall obtain the

consent of the tribal governments involved to

the proposed division. If the Secretary cannot

obtain such consent within one hundred and

eighty days after appropriation of the funds for

the award or within one hundred and eighty

days of January 12, 1983, he shall submit proposed legislation to the Congress as provided in

subsection (c) of this section.

(e) Extension of time for preparation and submission of plan

An extension of the one-year period, not to exceed one hundred and eighty days, may be requested by the Secretary or by the affected Indian tribe, submitting such request to the committees through the Secretary, and any such request will be subject to the approval of both the

Senate Committee on Indian Affairs and the

United States House of Representatives Committee on Natural Resources.

(Pub. L. 93–134, §2, Oct. 19, 1973, 87 Stat. 466; Pub.

L. 97–164, title I, §160(a)(1), Apr. 2, 1982, 96 Stat.

48; Pub. L. 97–458, §1, Jan. 12, 1983, 96 Stat. 2512;

Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992,

106 Stat. 4516; Pub. L. 103–437, §10(e)(1), (2)(A),

Nov. 2, 1994, 108 Stat. 4589.)

REFERENCES IN TEXT

The Indian Claims Commission, referred to in subsec.

(a), terminated Sept. 30, 1978. See Codification note set

out under former section 70 et seq. of this title.

CODIFICATION

In subsec. (a), ‘‘United States Claims Court’’ [now

United States Court of Federal Claims] substituted for

‘‘Court of Claims’’ pursuant to section 160(a)(1) of Pub.

L. 97–164, as the probable intent of Congress, notwithstanding later amendment by section 1 of Pub. L.

97–458, which made reference to Court of Claims.

AMENDMENTS

1994—Subsec. (e). Pub. L. 103–437 substituted ‘‘Committee on Indian’’ for ‘‘Select Committee on Indian’’

and ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’.

1992—Subsec. (a). Pub. L. 102–572 substituted ‘‘United

States Court of Federal Claims’’ for ‘‘United States

Claims Court’’.

1983—Subsec. (a). Pub. L. 97–458 substituted ‘‘one

year’’ for ‘‘one hundred and eighty days’’; inserted provision for contents of the plan; inserted provision for

submission of copy of the plan to each affected tribe or

group, incorporating part of former subsec. (c); struck

out proviso prescribing Oct. 19, 1973, as the commencing

date with respect to judgments for which funds were

appropriated and for which legislation authorizing use

or distribution was not enacted prior to Oct. 19, 1973;

and struck out second sentence respecting submission

of proposed legislation and report to Congress, incorporated in subsec. (c). See Codification note above.

Subsec. (b). Pub. L. 97–458 added subsec. (b). Former

subsec. (b) redesignated (e).

Subsec. (c). Pub. L. 97–458 redesignated second sentence of subsec. (a) as subsec. (c) and substituted ‘‘he

shall submit to the Congress within the one-year period

proposed legislation to authorize use or distribution of

such funds, together with a report thereon’’ for ‘‘he

shall submit, within such one hundred and eighty-day

period, proposed legislation as provided in section

1405(b) of this title’’. Former subsec. (c) respecting notification of affected Indian tribe on the date of submission of the plan covered in part in subsec. (a) as to

provision for a copy of the plan.

Subsec. (d). Pub. L. 97–458 added subsec. (d).

Subsec. (e). Pub. L. 97–458 redesignated subsec. (b) as

(e); increased time allowed for submission of plans to

one year from a one hundred and eighty-day period and

additional time allowed for such submissions to one

hundred and eighty from ninety days; and substituted

the Senate Select Committee on Indian Affairs for the

Senate Committee on Interior and Insular Affairs as

the Senate committee approving any extensions.

1982—Subsec. (a). Pub. L. 97–164 substituted ‘‘United

States Claims Court’’ for ‘‘Court of Claims’’. See Codification note above.

CHANGE OF NAME

Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of

Pub. L. 104–14, set out as a note preceding section 21 of

Title 2, The Congress.

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 Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1404, 1405 of this

title.

§ 1403. Preparation of plan

(a) Prerequisites for final preparation

The Secretary shall prepare a plan which shall

best serve the interests of all those entities and

individuals entitled to receive funds of each Indian judgment. Prior to the final preparation of

the plan, the Secretary shall—

(1) receive and consider any resolution or

communication, together with any suggested

use or distribution plan, which any affected

Indian tribe may wish to submit to him; and

(2) hold a hearing of record, after appropriate public notice, to obtain the testimony

of leaders and members of the Indian tribe

which may receive any portion, or be affected

by the use or distribution, of such funds, in

the area in which such Indian tribe is located

and at a time which shall best serve the convenience of the eligible members thereof.

(b) Guidelines

In preparing a plan for the use or distribution

of the funds of each Indian judgment, the Secretary shall, among other things, be assured

that—

(1) legal, financial, and other expertise of the

Department of the Interior has been made

fully available in an advisory capacity to the

Indian tribe which is entitled to such funds to

assist it to develop and communicate to the

Secretary pursuant to clause (1) of subsection
Page 405 TITLE 25—INDIANS § 1405

1So in original. The semicolon probably should be a colon.

2So in original. The period probably should be a semicolon.

(a) of this section its own suggested plan for

the distribution and use of such funds;

(2) the needs and desires of any groups or individuals who are in a minority position, but

who are also entitled to receive such funds,

have been fully ascertained and considered;

(3) the interests of minors and other legally

incompetent persons who are entitled to receive any portion of such funds as are subsequently distributed to them are and will be

protected and preserved; 1 Provided, That such

funds may be disbursed to the parents or legal

guardian of such minors or legal incompetents

in such amounts as may be necessary for the

minor or legal incompetent’s health, education, welfare, or emergencies under a plan or

plans approved by the Secretary and the tribal

governing body of the Indian tribe involved.2

(4) any provision, including enrollment provisions, of the constitution, bylaws, rules, and

procedures of such tribe which may affect the

distribution or other use of such funds are in

full accord with the principles of fairness and

equity;

(5) a significant portion of such funds shall

be set aside and programed to serve common

tribal needs, educational requirements, and

such other purposes as the circumstances of

the affected Indian tribe may justify, except

not less than 20 per centum of such funds shall

be so set aside and programed unless the Secretary determines that the particular circumstances of the pertinent Indian tribe clearly

warrant otherwise: Provided, That in the development of such plan the Secretary shall

survey past and present plans of the tribe for

economic development, shall consider long

range benefits which might accrue to the tribe

from such plans, and shall encourage programing of funds for economic development purposes where appropriate; and

(6) methods exist and will be employed to insure the proper performance of the plan once

it becomes effective under section 1405 of this

title.

(Pub. L. 93–134, §3, Oct. 19, 1973, 87 Stat. 467; Pub.

L. 97–458, §2, Jan. 12, 1983, 96 Stat. 2512.)

AMENDMENTS

1983—Subsec. (b)(3). Pub. L. 97–458, §2(a), inserted proviso.

Subsec. (b)(5). Pub. L. 97–458, §2(b), inserted proviso.

DISBURSEMENTS FOR URGENT NEEDS OF MINORS AND

LEGAL INCOMPETENTS AND ACCOUNTING FOR EXPENDITURES

Section 2(a) of Pub. L. 97–458 provided in part that

plan or plans approved by the Secretary and the tribal

governing body of an Indian tribe for disbursements to

parents or legal guardian of minors or legal incompetents for health, education, welfare, or emergencies

of their charges ‘‘shall be limited to urgent needs arising from extenuating circumstances and shall accord

with general principles governing administration of

trust funds of minors and legal incompetents, including

a requirement for strict accounting for expenditures.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1404 of this title.

§ 1404. Hearing transcripts and tribal support

statements; submission to Congress with

plan

When submitting the plan as provided in section 1402 of this title, the Secretary shall also

submit to the Congress with such plan—

(1) copies of the transcripts of hearings held

by him concerning the Indian judgment pursuant to clause (2) of section 1403(a) of this title

and all other papers and documents considered

by him in the preparation of such plan, including any resolution, communication, or suggested use or distribution plan of the pertinent Indian tribe submitted pursuant to clause

(1) of section 1403(a) of this title; and

(2) a statement of the extent to which such

plan reflects the desires of the Indian tribe or

individuals who are entitled to such funds,

which statement shall specify the alternatives, 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 alternative.

(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 become effective, and he shall take immediate action to implement the plan for the use or distribution of such judgment funds, at the end of

the sixty-day period (excluding days on which

either the House of Representatives or the Senate is not in session because of an adjournment

of more than three calendar days to a day certain) beginning on the day such plan is submitted to the Congress, unless during such sixtyday 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; consent 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 consent of these entities as provided in section

1402(d) of this title. Any such amended plan

shall become valid at the end of a sixty-day period beginning on the day such amendment is

submitted to the Congress, unless during such

sixty-day period, a joint resolution is enacted

disapproving such plan as amended.

(d) Resubmission of successor plan within prescribed period following withdrawal of plan

Once a plan is withdrawn before the end of a

sixty-day period, the Secretary has until the ex-