§ 1405. — Effective date of plan; joint resolution of disapproval.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1405]
TITLE 25--INDIANS
CHAPTER 16--DISTRIBUTION OF JUDGMENT FUNDS
Sec. 1405. Effective date of plan; joint resolution of
disapproval
(a) Original plan
The plan prepared by the Secretary shall become effective, and he
shall take immediate action to implement the plan for the use or
distribution of such judgment funds, at the end of the sixty-day period
(excluding days on which either the House of Representatives or the
Senate is not in session because of an adjournment of more than three
calendar days to a day certain) beginning on the day such plan is
submitted to the Congress, unless during such sixty-day period a joint
resolution is enacted disapproving such plans.
(b) Proposed legislation and report to Congress following Congressional
disapproval
Within thirty calendar days after the date of enactment of a joint
resolution disapproving a plan, the Secretary shall submit to the
Congress proposed legislation, together with a report thereon,
authorizing use or distribution of such funds.
(c) Successor plan previously withdrawn or amended prior to
Congressional action; consent to amendments
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 1402(d) of this title. Any such
amended plan shall become valid at the end of a sixty-day period
beginning on the day such amendment is submitted to the Congress, unless
during such sixty-day period, a joint resolution is enacted disapproving
such plan as amended.
(d) Resubmission of successor plan within prescribed period following
withdrawal of plan
Once a plan is withdrawn before the end of a sixty-day period, the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) Recomputation of sixty-day period from date of introduction of joint
resolution of disapproval; reextension restriction
Upon the introduction of the first such resolution of disapproval in
either the House of Representatives or the Senate, the sixty-day period
shall be recomputed from the date of such introduction and shall not
again be extended.
(Pub. L. 93-134, Sec. 5, Oct. 19, 1973, 87 Stat. 468; Pub. L. 97-458,
Sec. 3, Jan. 12, 1983, 96 Stat. 2513.)
Amendments
1983--Subsec. (a). Pub. L. 97-458, Sec. 3(a), substituted ``unless
during such sixty-day period a joint resolution is enacted'' for
``unless during such sixty-day period either House adopts a resolution
disapproving such plans''.
Subsec. (b). Pub. L. 97-458, Sec. 3(b), substituted ``date of
enactment of a joint resolution disapproving a plan'' for ``date of
adoption of a resolution disapproving a plan''.
Subsecs. (c) to (e). Pub. L. 97-458, Sec. 3(c), added subsecs. (c)
to (e).
Section Referred to in Other Sections
This section is referred to in section 1403 of this title.
