§ 2303 TITLE 25—INDIANS Page 602

made from the trust estate of the deceased Indian.

(b) Minimum amount for payment

No payment shall be made to a person under

subsection (a) of this section with respect to any

unauthorized disbursement from the trust estate

of a deceased Indian if—

(1) the total amount of unauthorized disbursements from such trust estate was less

than $50; or

(2) the payment (not including interest)

would be less than $10.

(Pub. L. 98–500, §3, Oct. 19, 1984, 98 Stat. 2317;

Pub. L. 100–581, title II, §201, Nov. 1, 1988, 102

Stat. 2939.)

AMENDMENTS

1988—Subsec. (b). Pub. L. 100–581 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ‘‘No payment shall be made under subsection (a)

of this section with respect to any unauthorized disbursement from the trust estate of a deceased Indian if

the total amount of unauthorized disbursement from

such trust estate was less than $50.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2304 of this title.

§ 2303. Notice

(a) Publication; list of trust estates; unauthorized

disbursements; Federal Register

Within one hundred and eighty days after October 19, 1984, the Secretary shall publish in the

Federal Register a list of all trust estates from

which unauthorized disbursements are known to

have been made, including the amount of the

unauthorized disbursement made from each such

trust estate.

(b) Secretary to provide information to affected

tribes, bands, or groups

Within thirty days after the publication of

this list, the Secretary shall provide a copy of

this chapter and a copy of the Federal Register

containing this list, or such parts as may be pertinent, to each Indian tribe, band, or group the

rights of whose members may be affected by this

chapter.

(c) Submission of additional unauthorized disbursement claims

Any tribe, band or group of Indians, or any individual Indian shall have one hundred and

eighty days after the date of the publication in

the Federal Register of the list provided for in

subsection (b) of this section to submit to the

Secretary any additional unauthorized disbursement claims not contained on the list.

(d) Publication of additional unauthorized disbursement claims

Not more than thirty days after the expiration

of the one hundred and eighty day period provided for in subsection (c) of this section, the

Secretary shall publish in the Federal Register

a list containing the additional unauthorized

disbursement claims submitted during such period.

(Pub. L. 98–500, §4, Oct. 19, 1984, 98 Stat. 2317.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2301 of this title.

§ 2304. Identification of right to payment and expedited claim payment

(a) Search of records

The Secretary shall conduct a search of the

records of the Department of the Interior to

identify individuals who are entitled to any portion of the unauthorized disbursements which

were made and to ascertain the amount of such

unauthorized disbursements to which each of

such individuals is entitled.

(b) Payment without filing of claim

In any case in which the Secretary ascertains

the name and location of any individual who is

entitled to any portion of an unauthorized disbursement and determines the amount of such

unauthorized disbursement to which such individual is entitled, the Secretary shall pay such

amount, including interest thereon as provided

in section 2302 of this title, to such individual

immediately without requiring such individual

to file a formal claim for payment.

(c) Notification

The Secretary shall use the best available

means of notifying each individual who is identified in the search conducted under subsection

(a) of this section of the right of such individual

to receive payment under this chapter. The

means of notification available to the Secretary

shall include—

(1) notice provided directly to such individual;

(2) notification of the next of kin of such individual;

(3) notification of the chairman or chief executive officer of the tribe of which such individual is a member or of which the deceased

Indian was a member; and

(4) publication of notice in newspapers of

general circulation in the appropriate area.

(Pub. L. 98–500, §5, Oct. 19, 1984, 98 Stat. 2318.)

§ 2305. Discharge and barring of claims

(a) Payment and acceptance

The payment and acceptance of any claim,

after its determination in accordance with this

chapter, shall be a full discharge to the United

States or any State or political subdivision

thereof of all claims and demands touching any

of the matters involved in the controversy.

(b) Claims filed prior to October 19, 1984

The provisions of this chapter shall not affect

claims arising from any unauthorized disbursement which were filed in any court of competent

jurisdiction prior to October 19, 1984.

(Pub. L. 98–500, §6, Oct. 19, 1984, 98 Stat. 2318.)

§ 2306. Authorization of appropriations

(a) There are authorized to be appropriated for

the purpose of carrying out the provisions of

this chapter $2,500,000 for each of the fiscal years

1986 and 1987, and such sums as may be necessary for any subsequent fiscal year. The

amounts appropriated under the authority of

this subsection shall remain available without

fiscal year limitation for purposes of carrying

out the provisions of this chapter until all