Old Age Assistance Claims Settlement Act
PL 98-500 (S.1151), enacted 10/19/1984

PUBLIC LAW 98-500—OCT. 19, 1984 
98 STAT. 2317 
Public Law 98-500 
98th Congress 
An Act 
To compensate heirs of deceased Indians for improper payments from trust estates to 
States or political subdivisions thereof as reimbursements for old age assistance 
received by decedents during their lifetime. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Old Age Assistance Claims Settlement Act". 
DEFINITIONS 
SEC. 2. For purposes of this Act, the term— 
(1) "Secretary" means the Secretary of the Interior; 
(2) "unauthorized disbursement" means a disbursement made 
from the trust estate of a deceased Indian which was made by 
the Secretary to a State or a political subdivision of a State for 
the purpose of reimbursing the State or political subdivision for 
any old age assistance made to the deceased Indian before death 
in violation of Federal laws governing Indian trust property; 
and 
(3) "trust estate" means that portion of the estate that con-
sists of real or personal property, title to which is held by the 
United States for the benefit of the Indian or which may not be 
alienated without the consent of the Secretary. 
PAYMENT OF CLAIMS 
SEC. 3. (a) The Secretary is authorized and directed to determine 
the portion of any unauthorized disbursement to which any individ-
ual under this Act is entitled, and to pay to such individual the 
amount which the Secretary determines such individual to be enti-
tled. Any payment under this provision shall include interest at a 
rate of 5 per centum per annum, simple interest, from the date on 
which such disbursement was made from the trust estate of the 
deceased Indian. 
(b) No payment shall be made under subsection (a) 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. 
Oct. 19, 1984 
[S. 1151] 
Old Age 
Assistance 
Claims 
Settlement Act. 
Indians. 
25 u s e 2301 
note. 
25 u s e 2301. 
25 u s e 2302. 
NOTICE 
SEC. 4. (a) Within one hundred and eighty days after the date of 
enactment of this Act, the Secretary shall publish in the Federal 
Register a list of all trust estates from which unauthorized disburse-
ments are known to have been made, including the amount of the 
unauthorized disbursement made from each such trust estate. 
(b) Within thirty days after the publication of this list, the Secre-
tary shall provide a copy of this Act and a copy of the Federal 
Register containing this list, or such parts as may be pertinent, to 
Federal 
Register, 
publication. 
25 u s e 2303. 
98 STAT. 2318 
PUBLIC LAW 98-500—OCT. 19, 1984 
Federal 
Register, 
publication. 
25 u s e 2304. 
each Indian tribe, band, or group the rights of whose members may 
be affected by this Act. 
(c) 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 £iny addi-
tional unauthorized disbursement claims not contained on the list. 
(d) 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 submit-
ted during such period. 
IDENTIFICATION OF RIGHT TO PAYMENT AND EXPEDITED CLAIM 
PAYMENT 
SEC. 5. (a) 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) 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 3, to such individual immediately without requir-
ing such individual to file a formal claim for payment. 
(c) The Secretary shall use the best available means of notifying 
each individual who is identified in the search conducted under 
subsection (a) of the right of such individual to receive payment 
under this Act. 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 individu£d; 
(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. 
25 u s e 2305. 
Appropriation 
authorization. 
25 u s e 2306. 
DISCHARGE AND BARRING OF CLAIMS 
SEC. 6. (a) The payment and acceptance of any claim, after its 
determination in accordance with this Act, 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) The provisions of this Act shall not affect claims arising from 
any unauthorized disbursement which were filed in any court of 
competent jurisdiction prior to the date of enactment of this Act. 
AUTHORIZATIONS 
SEC. 7. (a) There are authorized to be appropriated for the purpose 
of carrying out the provisions of this Act $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 
PUBLIC LAW 98-500—OCT. 19, 1984 
98 STAT. 2319 
authority of this subsection shall remain available without fiscal 
year limitation for purposes of carrying out the provisions of this 
Act until all claims filed under this Act have been resolved. 
(b) Funds necessary to pay the expenses of administering this Act 
shall be appropriated and expended under the authority of the Act 
of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13), popularly known as 
the Snyder Act. 
TREATMENT OF FUNDS 
SEC. 8. Funds distributed under the provisions of this Act shall not 
25 use 2307. 
be considered as income or resources nor otherwise utilized as the 
basis for denying or reducing the financial assistance or other 
benefits to which such household or member would otherwise be 
entitled under the Social Security Act or, except for per capita 
42 use 1305. 
shares in excess of $2,000, any Federal or federally assisted program. 
Approved October 19, 1984. 
LEGISLATIVE HISTORY—S. 1151: 
SENATE REPORT No. 98-605 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Sept. 28, considered and passed Senate. 
Oct. 4, considered and passed House.