§ 1402. — Plan for use or distribution of funds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1402]
TITLE 25--INDIANS
CHAPTER 16--DISTRIBUTION OF JUDGMENT FUNDS
Sec. 1402. Plan for use or distribution of funds
(a) Preparation and submission to Congress by Secretary of the Interior;
contents; copy to affected Indian tribe
Within one year after appropriation of funds to pay a judgment of
the Indian Claims Commission or the United States Court of Federal
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 beneficiaries,
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) Time for preparation and submission of plan
With respect to judgments, for which funds have been appropriated
prior to January 12, 1983, but for which use or distribution has not
been authorized by enactment of legislation or by an effective plan
under this chapter, the Secretary shall prepare and submit such plans
within one year of January 12, 1983.
(c) Submission of proposed legislation and report to Congress
In any case where the Secretary determines that the circumstances do
not permit the preparation and submission of a plan as provided in this
chapter, 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) Submission of proposed legislation and report to Congress in absence
of consent of tribal governments to division of judgment funds
between two or more beneficiary entities
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 proposed 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 January 12, 1983, he shall submit proposed
legislation to the Congress as provided in subsection (c) of this
section.
(e) Extension of time for preparation and submission of plan
An extension of the one-year period, not to exceed one hundred 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
Committee on Indian Affairs and the United States House of
Representatives Committee on Natural Resources.
(Pub. L. 93-134, Sec. 2, Oct. 19, 1973, 87 Stat. 466; Pub. L. 97-164,
title I, Sec. 160(a)(1), Apr. 2, 1982, 96 Stat. 48; Pub. L. 97-458,
Sec. 1, Jan. 12, 1983, 96 Stat. 2512; Pub. L. 102-572, title IX,
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-437,
Sec. 10(e)(1), (2)(A), Nov. 2, 1994, 108 Stat. 4589.)
References in Text
The Indian Claims Commission, referred to in subsec. (a), terminated
Sept. 30, 1978. See Codification note set out under former section 70 et
seq. of this title.
Codification
In subsec. (a), ``United States Claims Court'' [now United States
Court of Federal Claims] substituted for ``Court of Claims'' pursuant to
section 160(a)(1) of Pub. L. 97-164, as the probable intent of Congress,
notwithstanding later amendment by section 1 of Pub. L. 97-458, which
made reference to Court of Claims.
Amendments
1994--Subsec. (e). Pub. L. 103-437 substituted ``Committee on
Indian'' for ``Select Committee on Indian'' and ``Natural Resources''
for ``Interior and Insular Affairs''.
1992--Subsec. (a). Pub. L. 102-572 substituted ``United States Court
of Federal Claims'' for ``United States Claims Court''.
1983--Subsec. (a). Pub. L. 97-458 substituted ``one year'' for ``one
hundred and eighty days''; inserted provision for contents of the plan;
inserted provision for submission of copy of the plan to each affected
tribe or group, incorporating part of former subsec. (c); struck out
proviso prescribing Oct. 19, 1973, as the commencing date with respect
to judgments for which funds were appropriated and for which legislation
authorizing use or distribution was not enacted prior to Oct. 19, 1973;
and struck out second sentence respecting submission of proposed
legislation and report to Congress, incorporated in subsec. (c). See
Codification note above.
Subsec. (b). Pub. L. 97-458 added subsec. (b). Former subsec. (b)
redesignated (e).
Subsec. (c). Pub. L. 97-458 redesignated second sentence of subsec.
(a) as subsec. (c) and substituted ``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'' for ``he
shall submit, within such one hundred and eighty-day period, proposed
legislation as provided in section 1405(b) of this title''. Former
subsec. (c) respecting notification of affected Indian tribe on the date
of submission of the plan covered in part in subsec. (a) as to provision
for a copy of the plan.
Subsec. (d). Pub. L. 97-458 added subsec. (d).
Subsec. (e). Pub. L. 97-458 redesignated subsec. (b) as (e);
increased time allowed for submission of plans to one year from a one
hundred and eighty-day period and additional time allowed for such
submissions to one hundred and eighty from ninety days; and substituted
the Senate Select Committee on Indian Affairs for the Senate Committee
on Interior and Insular Affairs as the Senate committee approving any
extensions.
1982--Subsec. (a). Pub. L. 97-164 substituted ``United States Claims
Court'' for ``Court of Claims''. See Codification note above.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in sections 1404, 1405 of this title.
