A bill to provide for the distribution of Warm Springs judgment funds awarded in Docket number 198 before the Indian Claims Commission, and for other purposes.
PL 97-436 (H.R.6243), enacted 01/08/1983

PUBLIC LAW 97-436—JAN. 8, 1983 
96 STAT. 2283 
Public Law 97-436 
97th Congress 
An Act 
To provide for the distribution of Warm Springs judgment funds awarded in docket 
numbered 198 before the Indian Claims Commission, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That notwithstand-
ing any provision of the Act approved October 19, 1973 (25 U.S.C. 
1401 et seq.), any other law, and any regulation or plan promulgated 
pursuant to such Act or any other law, the funds appropriated by 
the Act approved January 3, 1974 (87 Stat. 1071), for the award to 
the Confederated Tribes of the Warm Springs Reservation in docket 
numbered 198 before the Indian Claims Commission, including all 
interest and investment income accrued, less attorney fees and 
litigation expenses, shall be distributed in accordance with section 2 
of this Act. 
SEC. 2. The Secretary of the Interior (hereinafter in this Act 
referred to as the "Secretary") shall distribute the funds referred to 
in the first section of this Act to the individuals enrolled by the 
Secretary under section 3 of this Act on a per capita basis in the 
following manner: 
(1) The per capita share of a living competent individual who 
has attained the age of eighteen shall be paid directly to such 
individual. 
(2) The per capita shares of deceased individual beneficiaries 
shall be determined and distributed in accordance with 43 CFR 
part 4, subpart D. In the event an individual dies intestate 
without heirs, the per capita share of the individual shall 
escheat to the Coi^ederated Tribes of the Warm Springs 
Reservation. 
(3) The per capita share of an individual under the age of 
eighteen or an individual determined by the Secretary to be 
incompetent to handle his own affairs shall be (A) distributed in 
accordance with such procedures as the Secretary determines to 
be necessary to protect the interests of such individusd, or (B) in 
the discretion of the Secretary, held in trust for the benefit of 
such individual. 
SEC. 3. The Secretary shall prepare, under such procedures as he 
may establish by regulation, a roll of all members of the Confeder-
ated Tribes of the Warm Springs Reservation who— 
(1) were born on or prior to, and were alive on, the date of 
enactment of this Act, but also including deceased persons who 
were alive and enrolled as of February 18,1975, and, 
(2) have not participated in— 
(A) the distribution to the Malheur Paiutes under the 
provisions of the Act approved August 20, 1964 (78 Stat. 
563), 
(B) a distribution pursuant to any other judgment under 
the Act approved August 13, 1946 (25 U.S.C. 70 et seq.), or 
Jan. 8, 1983 
[H.R. 6243] 
Confederated 
Tribes of the 
Warm Springs 
Reservation, 
distribution of 
judgment funds. 
Distribution on 
per capita basis. 
Membership 
roll. 
25 use 
1011-1015. 
income taxes. 
96 STAT. 2284 
PUBLIC LAW 97-436—JAN. 8, 1983 
(C) any distribution under the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.). 
The determination of the Secretary regarding the eligibility for 
enrollment under this section of any individual shall be final. 
E.ll!!^^"'' ?^^^^ 
SEC. 4. (a) None of the funds distributed by the Secretary under 
section 2 of this Act (or held in trust by the Secretary pursuant to 
paragraph (3XB) of such section) shall be subject to Federal or State 
income taxes. 
(bXD Except as provided in paragraph (2), the availability or 
distribution of funds by the Secretary under section 2 of this Act 
may not be considered as income or resources or otherwise used as 
the basis for denjdng or reducing— 
(A) any financial assistance or other benefit to which any 
individual enrolled as a member under section 3 of this Act, or 
the household of any such individual, would otherwise be enti-
tled or for which such individual or household is otherwise 
eligible under the Social Security Act, or 
^ ) any other Federal financial assistance or other Federal 
benefit to which such individual or household is otherwise 
entitled or for which such individual or household is otherwise 
eligible. 
(2) The restriction contained in paragraph (1) of this subsection on 
the consideration or use of such funds for the purpose of reducing or 
denjdng any financial assistance or benefit described in subpara-
graph (B) of such paragraph shall not apply to that porticm of any 
per capita share distributed under section 2 of this Act which 
exceeds $2,000. 
Approved January 8, 1983. 
LEGISLATIVE HISTORY—H.R. 6243: 
HOUSE REPORT No. 97-936 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Dec. 6, considered and passed House. 
Dec. 20, considered and passed Senate.