Date: 1982-12-19
Speaker: ROBERT C. BYRD (democrat)
Chamber: S

Mr. President. we have no objection. . The Senate proceeded to consider the bill 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 which had been reported from the Select Committee on Indian Affairs with amendments as follows: On page 3. after line 22. insert the follow. ing: Such plan or plans shall be limited to urgent needs arising from extenuating curcumstances and shall accord with general principles governing administration of trust funds of minors and legal incompetents. ineluding a requirement for strict accounting for expenditures. (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 ap. propriate.". On page 4. strike line 11. through and including line 5. page 5. and insert the followIng: 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 sixtyday period and before the adoption of any resolution disap proving 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 enti. ties 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 sixtyday period beginning on the day such amendment is submitted to the Congress. unless during such sixtyday period. a joint resolution is enacted disapproving such plan as amended. "(d) Once a plan is withdrawn before the end of a sixtyday period. the Secretary has until the expiration of the original oneyear deadline to resubmit a plan to Congress. Such a plan shall become valid at the end of a sixtyday period beginning on the day such new plan is submitted to the Congress. unless during such sixtyday period. a joint resolution is enacted disapproving such plan. "(e) Upon the introduction of the first such resolution of disapproval in either the House of Representatives or the Senate. the sixtyday period shall be recomputed from the date of such introduction and shall not again be extended.". On page 6. strike line 14. through and including line 22. and insert the following: "Sgc. 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. L 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 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 shares in excess of $2.000. any Federal or federally assisted program.