§ 155b. — Proceeds of labor accounts; deposits limited to funds held in trust for Indian tribes or individuals.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 25USC155b]
TITLE 25--INDIANS
CHAPTER 4--PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS
SUBCHAPTER III--DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS
Sec. 155b. Proceeds of labor accounts; deposits limited to funds
held in trust for Indian tribes or individuals
Except in the case of funds held in trust for Indian tribes or
individuals, the funds available for expenditure under the ``Indian
moneys, proceeds of labor'' accounts authorized by section 155 of this
title may be expended until September 30, 1982 for any purpose for which
funds are appropriated under the subheading ``Operation of Indian
Programs''.
No funds shall be deposited in such ``Indian money, proceeds of
labor'' (IMPL) accounts after September 30, 1982. The unobligated
balance in IMPL accounts as of the close of business on September 30,
1982, including the income resulting from the investment of funds from
such accounts prior to such date, shall be transferred to and held in
escrow accounts at the locations of the IMPL accounts from which they
are transferred. Funds in such escrow accounts may be invested as
provided in section 162a of this title and the investment income added
to such accounts. The Secretary shall determine no later than September
30, 1985 (after consultation with appropriate tribes and individual
Indians) the extent to which the funds held in such escrow accounts
represent income from the investment of special deposits relating to
specific tribes or individual Indians. Upon such a determination by the
Secretary and express acceptance of the determination by the
beneficiary, the Secretary shall transfer such funds to trust accounts
for such tribes or individual Indians. Not more than ten percent of the
funds transferred to trust accounts for any tribe or individual Indian
under this provision may be utilized to pay for legal or other
representation relating to claims for such funds. Not to exceed two
percent of the funds transferred from the IMPL accounts shall be
available to reimburse the Bureau of Indian Affairs for administrative
expenses incurred in determining ownership of the funds. Acceptance of a
determination by the Secretary and the transfer of funds under this
provision shall constitute a complete release and waiver of any and all
claims by the beneficiary against the United States relating to the
unobligated balance of IMPL accounts as of the close of business on
September 30, 1982. During the period of October 1, 1985 through
September 30, 1987, or earlier if a Secretarial determination on
ownership and appropriate fund transfers has been completed, the funds
remaining in such escrow accounts because they have not been transferred
to trust accounts, may be expended subject to the approval of the
Secretary for any purpose authorized under section 13 of this title and
requested by the respective governing bodies of the tribes at the
locations where such accounts are maintained. The unobligated balances
of such escrow accounts as of the close of business on September 30,
1987, shall be deposited into miscellaneous receipts of the Treasury.
(Pub. L. 97-100, title I, Sec. 100, Dec. 23, 1981, 95 Stat. 1400; Pub.
L. 97-257, title I, Sec. 100, Sept. 10, 1982, 96 Stat. 839.)
References in Text
The purposes for which funds are appropriated under the subheading
``Operation of Indian Programs'', referred to in text, are the purposes
enumerated in the Department of the Interior and Related Agencies
Appropriation Act, 1982, Pub. L. 97-100, title I, Sec. 100, Dec. 23,
1981, 95 Stat. 1399.
Amendments
1982--Pub. L. 97-257 substituted ``No funds shall be deposited in
such `Indian money, proceeds of labor' (IMPL) accounts after September
30, 1982'' for ``On September 30, 1982, the balance of such accounts
(except for the funds held in trust for Indian tribes or individuals,
and not to exceed $10,000,000 which shall be available until expended by
eligible tribes for purposes approved by the Bureau of Indian Affairs)
shall be deposited into miscellaneous receipts of the Treasury to offset
outlays of the Bureau of Indian Affairs and thereafter no funds shall be
deposited in such accounts other than funds held in trust for Indian
tribes or individuals'' and inserted provisions that the unobligated
balance in IMPL accounts as of the close of business on September 30,
1982, including the income resulting from the investment of funds from
such accounts prior to such date, be transferred to and held in escrow
accounts at the locations of the IMPL accounts from which they are
transferred, that Funds in such escrow accounts may be invested as
provided in section 162a of this title and the investment income added
to such accounts, that the Secretary determine no later than September
30, 1985 (after consultation with appropriate tribes and individual
Indians) the extent to which the funds held in such escrow accounts
represent income from the investment of special deposits relating to
specific tribes or individual Indians, that upon such a determination by
the Secretary and express acceptance of the determination by the
beneficiary, the Secretary transfer such funds to trust accounts for
such tribes or individual Indians, that not more than ten percent of the
funds transferred to trust accounts for any tribe or individual Indian
under this provision be utilized to pay for legal or other
representation relating to claims for such funds, that not to exceed two
percent of the funds transferred from the IMPL accounts be available to
reimburse the Bureau of Indian Affairs for administrative expenses
incurred in determining ownership of the funds, that acceptance of a
determination by the Secretary and the transfer of funds under this
provision constitute a complete release and waiver of any and all claims
by the beneficiary against the United States relating to the unobligated
balance of IMPL accounts as of the close of business on September 30,
1982, that during the period of October 1, 1985 through September 30,
1987, or earlier if determination on ownership and appropriate fund
transfers has been completed, the funds remaining in such escrow
accounts may be expended subject to the approval of the Secretary under
section 13 of this title and requested by the respective governing
bodies of the tribes, and that the unobligated balances of escrow
accounts as of the close of business on September 30, 1987, be deposited
into miscellaneous receipts of the Treasury.
