Page 403 TITLE 25—INDIANS § 1402

Sec.

(c) Submission of proposed legislation

and report to Congress.

(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.

(e) Extension of time for preparation and

submission of plan.

1403. Preparation of plan.

(a) Prerequisites for final preparation.

(b) Guidelines.

1404. Hearing transcripts and tribal support statements; submission to Congress with plan.

1405. Effective date of plan; joint resolution of disapproval.

(a) Original plan.

(b) Proposed legislation and report to

Congress following Congressional

disapproval.

(c) Successor plan previously withdrawn

or amended prior to Congressional

action; consent to amendments.

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

(e) Recomputation of sixty-day period

from date of introduction of joint

resolution of disapproval; reextension restriction.

1406. Rules and regulations.

(a) Promulgation.

(b) Publication in Federal Register.

(c) Hearings.

1407. Tax exemption; resources exemption limitation.

1408. Resources exemption.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 117b, 609c, 4023

of this title; title 20 section 1087uu–1.

§ 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’’.

(Pub. L. 93–134, §1, Oct. 19, 1973, 87 Stat. 466; Pub.

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

48; Pub. L. 100–153, §4, Nov. 5, 1987, 101 Stat. 886;

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

106 Stat. 4516.)

REFERENCES IN TEXT

The Indian Claims Commission, referred to in text,

terminated Sept. 30, 1978. See Codification note set out

under former section 70 et seq. of this title.

AMENDMENTS

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

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

Claims Court’’.

1987—Subsec. (a). Pub. L. 100–153, §4(1), (2), designated

existing provision as subsec. (a) and substituted ‘‘any

investment income’’ for ‘‘any interest’’.

Subsecs. (b), (c). Pub. L. 100–153, §4(3), added subsecs.

(b) and (c).

1982—Pub. L. 97–164 substituted ‘‘United States

Claims Court’’ for ‘‘Court of Claims’’.

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.

§ 1402. Plan for use or distribution of funds

(a) Preparation and submission to Congress by

Secretary of the Interior; contents; copy to

affected Indian tribe

Within one year after appropriation of funds

to pay a judgment of the Indian Claims Commission or the United States Court of Federal

Claims to any Indian tribe, the Secretary of the

Interior shall prepare and submit to Congress a

plan for the use and distribution of the funds.

Such plan shall include identification of the

present-day beneficiaries, a formula for the division of the funds among two or more beneficiary

entities if such is warranted, and a proposal for

the use and distribution of the funds. The Secretary shall simultaneously submit a copy of

such plan to each affected tribe or group.

(b) Time for preparation and submission of plan

With respect to judgments, for which funds

have been appropriated prior to January 12, 1983,

but for which use or distribution has not been

authorized by enactment of legislation or by an

effective plan under this chapter, the Secretary

shall prepare and submit such plans within one

year of January 12, 1983.

(c) Submission of proposed legislation and report

to Congress

In any case where the Secretary determines

that the circumstances do not permit the preparation and submission of a plan as provided in

this chapter, 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.