§ 475a. — Offsets of gratuities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC475a]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER V--PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES
Sec. 475a. Offsets of gratuities
In all suits now pending in the United States Court of Federal
Claims by an Indian tribe or band which have not been tried or
submitted, and in any suit hereafter filed in the United States Court of
Federal Claims by any such tribe or band, the United States Court of
Federal Claims is directed to consider and to offset against any amount
found due the said tribe or band all sums expended gratuitously by the
United States for the benefit of the said tribe or band; and in all
cases now pending or hereafter filed in the United States Court of
Federal Claims in which an Indian tribe or band is party plaintiff,
wherein the duty of the court is merely to report its findings of fact
and conclusions to Congress, the said United States Court of Federal
Claims is directed to include in its report a statement of the amount of
money which has been expended by the United States gratuitously for the
benefit of the said tribe or band: Provided, That expenditures made
prior to the date of the law, treaty, agreement, or Executive order
under which the claims arise shall not be offset against the claims or
claim asserted; and expenditures under the Act of June 18, 1934 (48
Stat. L. 984) [25 U.S.C. 461 et seq.], except expenditures under
appropriations made pursuant to section 5 of such Act [25 U.S.C. 465],
shall not be charged as offsets against any claim on behalf of an Indian
tribe or tribes now pending in the United States Court of Federal Claims
or hereafter filed: Provided further, That funds appropriated and
expended from tribal funds shall not be construed as gratuities; and
this section shall not be deemed to amend or affect the various Acts
granting jurisdiction to the United States Court of Federal Claims to
hear and determine the claims listed on page 678 of the hearings before
the subcommittee of the House Committee on Appropriations on the second
deficiency appropriation bill for the fiscal year 1935: And provided
further, That no expenditure under any emergency appropriation or
allotment made subsequently to March 4, 1933, and generally applicable
throughout the United States for relief in stricken agricultural areas,
relief from distress caused by unemployment and conditions resulting
therefrom, the prosecution of public works and public projects for the
relief of unemployment or to increase employment, and for work relief
(including the civil-works program) shall be considered in connection
with the operation of this section.
(Aug. 12, 1935, ch. 508, Sec. 2, 49 Stat. 596; Pub. L. 97-164, title I,
Sec. 160(a)(8), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102-572, title IX,
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
References in Text
Act of June 18, 1934, referred to in text, popularly known as the
Indian Reorganization Act, is classified generally to this subchapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 461 of this title and Tables.
Amendments
1992--Pub. L. 102-572 substituted ``United States Court of Federal
Claims'' for ``United States Claims Court'' wherever appearing.
1982--Pub. L. 97-164 substituted ``United States Claims Court'' for
``Court of Claims'' wherever appearing.
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.
