§ 1407. — Tax exemption; resources exemption limitation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1407]
TITLE 25--INDIANS
CHAPTER 16--DISTRIBUTION OF JUDGMENT FUNDS
Sec. 1407. Tax exemption; resources exemption limitation
None of the funds which--
(1) are distributed per capita or held in trust pursuant to a
plan approved under the provisions of this chapter, or \1\
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\1\ So in original. The word ``or'' probably should not appear.
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(2) on January 12, 1983, are to be distributed per capita or are
held in trust pursuant to a plan approved by the Congress prior to
January 12, 1983,
(3) were distributed pursuant to a plan approved by Congress
after December 31, 1981 but prior to January 12, 1983, and any
purchases made with such funds, or
(4) are paid by the State of Minnesota to the Bois Forte Band of
Chippewa Indians pursuant to the agreements of such Band to
voluntarily restrict tribal rights to hunt and fish in territory
cede \2\ under the Treaty of September 30, 1854 (10 Stat. 1109),
including all interest accrued on such funds during any period in
which such funds are held in a minor's trust,
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\2\ So in original. Probably should be ``ceded''.
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 [42 U.S.C. 301 et seq.] or, except for per capita shares in
excess of $2,000, any Federal or federally assisted program.
(Pub. L. 93-134, Sec. 7, Oct. 19, 1973, 87 Stat. 468; Pub. L. 97-458,
Sec. 4, Jan. 12, 1983, 96 Stat. 2513; Pub. L. 106-568, title VIII,
Sec. 818, Dec. 27, 2000, 114 Stat. 2918.)
References in Text
The Social Security Act, referred to in text, is act Aug. 14, 1935,
ch. 531, 49 Stat. 620, as amended, which is classified generally to
chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
Amendments
2000--Par. (4). Pub. L. 106-568 added par. (4).
1983--Pub. L. 97-458 amended section generally. Prior to amendment,
section read as follows: ``None of the funds distributed per capita or
held in trust under the provisions of this chapter shall be subject to
Federal or State income taxes, and the per capita payments shall not be
considered as income or resources when determining the extent of
eligibility for assistance under the Social Security Act''.
Section Referred to in Other Sections
This section is referred to in sections 117b, 1300i-5, 1774f of this
title.
