A bill to amend the Act of October 19, 1973 (87 Stat. 466), relating to the use or distribution of certain judgement funds awarded by the Indian Claims Commission or the Court of Claims.
PL 97-458 (H.R.3731), enacted 01/12/1983

96 STAT. 2512 
PUBLIC LAW 97-458—JAN. 12, 1983 
Public Law 97-458 
97th Congress 
.:Ai 
An Act 
Jan.12, 1983 
[H.R. 3731] 
Indians. 
Judgment funds, 
distribution. 
Plan, submittal 
to Congress. 
25 u s e 1402. 
Proposed 
legislation, 
submittal to 
Congress. 
.#rr.r :)^3 2 
Extension 
request, 
submittal to 
congressional 
committees. 
25 u s e 1403. 
To amend the Act of October 19,1973 (87 Stat. 466), relating to the use or distribution 
of certain judgment funds awarded by the Indian Claims Commission or the Court 
of Claims. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assemblea, That section 2 of 
the Act of October 19, 1973 (87 Stat. 466; 25 U.S.C. 1401 et seq.) is 
amended to read as follows: 
"SEC. 2. (a) Within one year after appropriation of funds to pay a 
judgment of the Indian Claims Commission or the Court of Claims to 
any Indian tribe, the Secretary of the Interior shall prepare and 
submit to Congress a plan for the use and distribution of the funds. 
Such plan shall include identification of the present-day benefici-
aries, a formula for the division of the funds among two or more 
beneficiary entities if such is warranted, and a proposal for the use 
and distribution of the funds. The Secretary shall simultaneously 
submit a copy of such plan to each affected tribe or group. 
"(b) With respect to judgments, for which funds have been appro-
priated prior to the enactment of this amended section, but for 
which use or distribution has not been authorized by enactment of 
legislation or by an effective plan under this Act, the Secretary shall 
prepare and submit such plans within one year of the enactment of 
this amended section. 
"(c) In any case where the Secretary determines that the circum-
stances do not permit the preparation and submission of a plan as 
provided in this Act, he shall submit to the Congress within the one-
year period proposed legislation to authorize use or distribution of 
such funds, together with a report thereon. 
"(d) In cases where the Secretary has to submit a plan dividing 
judgment funds between two or more beneficiary entities, he shall 
obtain the consent of the tribal governments involved to the pro-
posed division. If the Secretary cannot obtain such consent within 
one hundred and eighty days after appropriation of the funds for the 
award or within one hundred and eighty days of the enactment of 
this amended section, he shall submit proposed legislation to the 
Congress as provided in section 2(c). 
"(e) An extension of the one-year period, not to exceed one hun-
dred and eighty days, may be requested by the Secretary or by the 
affected Indian tribe, submitting such request to the committees 
through the Secretary, and any such request will be subject to the 
approval of both the Senate Select Committee on Indian Affairs and 
the United States House of Representatives Committee on Interior 
and Insular Affairs.". 
SEC. 2. (a) Section 3(b)(3) of said Act is hereby amended by adding 
at the end thereof the following proviso: "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 emergen-
cies under a plan or plans approved by the Secretary and the tribal 
PUBLIC LAW 97-458—JAN. 12, 1983 
96 STAT. 2513 
governing body of the Indian tribe involved.". Such plan or plans 
shall be limited to urgent needs arising from extenuating circum-
stances and shall accord with general principles governing adminis-
tration of trust funds of minors and legal incompetents, including a 
requirement for strict accounting for expenditures. 
O
b
) Clause (5) of section 3(b) of said Act is hereby striking out 
"warrant otherwise" and inserting in lieu thereof the following: 
"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,". 
SEC. 3. (a) Subsection (a) of section 5 of said Act is amended by 
deleting "either House adopts a resolution" and inserting in lieu 
thereof "a joint resolution is enacted". 
(b) Subsection (b) of section 5 of said Act is amended by deleting 
"adoption of a resolution" and inserting in lieu thereof "enactment 
of a joint resolution". 
(c) Section 5 of said Act is amended by adding the following new 
subsections at the end thereof: 
"(c) 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 2(d) 
of this Act. Any such amended plan shall become valid at the end of 
a sixty-day period beginning on the day such amendment is submit-
ted to the Congress, unless during such sixty-day period, a joint 
resolution is enacted disapproving such plan £is amended. 
"(d) Once a plan is withdrawn before the end of a sixty-day period, 
the Secretary has until the expiration of the original one-year 
deadline to resubmit a plan to Congress. Such a plan shall become 
valid at the end of a sixty-day period beginning on the day such new 
plan is submitted to the Congress, unless during such sixty-day 
period, a joint resolution is enacted disapproving such plan. 
"(e) Upon the introduction of the first such resolution of disap-
proval in either the House of Representatives or the Senate, the 
sixty-day period shall be recomputed from the date of such introduc-
tion and shall not again be extended.". 
SEC. 4. Section 7 of said Act is amended to read as follows: 
"SEC. 7. None of the funds which— 
"(1) are distributed per capita or held in trust pursuant to a 
plan approved under the provisions of this Act, or 
"(2) on the date of enactment of this Act, are to be distributed 
per capita or are held in trust pursuant to a plan approved by 
the Congress prior to the date of enactment of this Act, or 
"(3) were distributed pursuant to a plan approved by Congress 
after December 31, 1981 but prior to the date of enactment of 
this Act, and any purchases made with such funds, 
including all interest and investment income accrued thereon while 
such funds are so held in trust, shall be subject to Federal or State 
income taxes, nor shall such funds nor their availability be consid-
ered 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 
25 use 1403 
note. 
25 use 1403. 
25 use 1405. 
Plan, 
withdrawal 
or amendment. 
25 use 1407. 
Tax exemption. 
96 STAT. 2514 
PUBLIC LAW 97-458—JAN. 12, 1983 
42 use 1305. 
the Social Security Act or, except for per capita shares in excess of 
$2,000, any Federal or federally assisted program. 
25 use 1408. 
"SEC. 8. Interests of individual Indians in trust or restricted lands 
shall not be considered a resource in determining eligibility for 
assistance under the Social Security Act or any other Federal or 
0 j
>
H 
federally assisted program.". 
Approved January 12, 1983. 
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LEGISLATIVE HISTORY—H.R. 3731: 
HOUSE REPORT No. 97-340 (eomm. on Interior and Insular Affairs). 
SENATE REPORT No. 97-658 (Comm. on Indian Affairs). 
eONGRESSIONAL REeORD: 
' 
Vol. 127 (1981): Dec. 15, considered and passed House. 
Vol. 128 (1982): Dec. 19, considered and passed Senate, amended. 
Dec. 20, House concurred in Senate amendments. 
WEEKLY eOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983): 
Jan. 12, Presidential statement.