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-