Page 25 TITLE 25—INDIANS § 123

Department of the Treasury, see note set out under section 53 of this title.

CROSS REFERENCES

Public accounts to be settled in General Accounting

Office, see section 3526 of Title 31, Money and Finance.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 86 of this title.

§ 119. Allotment of tribal funds to individual Indians

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 managing 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 apportioned 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 apportionment or allotment shall be made to any Indian until such Indian has first made an application therefor: Provided further, That the Secretaries of the Interior and of the Treasury are

directed 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

determination 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.)

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’’.

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.

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees,

and agencies of Department of the Interior, with certain 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.

CROSS REFERENCES

Trust funds on deposit in Treasury, see sections 1321

and 1322 of Title 31, Money and Finance.

§ 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 authorized to make per capita payments of not to exceed $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 expenditures authorized by annual appropriations

made therefrom or by existing law.

(Feb. 14, 1920, ch. 75, §18, 41 Stat. 427.)

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees,

and agencies of Department of the Interior, with certain 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 helpless Indians

The pro rata share of any Indian who is mentally 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 conditions as the said Secretary may prescribe: Provided, 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.)

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees,

and agencies of Department of the Interior, with certain 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.

CROSS REFERENCES

Trust funds on deposit in Treasury, see sections 1321

and 1322 of Title 31, Money and Finance.

§ 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 appropriated to execute a treaty be transferred or

applied to any other purpose, unless expressly

authorized by law.

(R.S. §2097.)

CODIFICATION

R.S. §2097 derived from act July 26, 1866, ch. 266, §2,

14 Stat. 280.

§ 123. Expenditure from tribal funds without specific appropriations

No money shall be expended from Indian tribal

funds without specific appropriation by Con-