§ 609c. — Disbursement of minor's share of judgment 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: 25USC609c]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XVII--YAKIMA TRIBES
Sec. 609c. Disbursement of minor's share of judgment funds
(a) Definitions
For purposes of this section and section 609c-1 of this title, the
term--
(1) ``tribe'' means the Confederated Tribes and Bands of the
Yakama Indian Nation or the Apache Tribe of the Mescalero
Reservation;
(2) ``tribal governing body'' means the governing body of a
tribe or a committee of the members of such body designated by such
body for purposes of this section and section 609c-1 of this title;
(3) ``Secretary'' means the Secretary of the Interior acting
through (unless otherwise determined by the Secretary) the
Superintendent of the Bureau of Indian Affairs Agency serving the
tribe involved;
(4) ``minor'' means a member of a tribe, or descendant of a
member of a tribe, who has not attained the age of eighteen years
and who has a minor's share;
(5) ``minor's share'' means the per capita share of a judgment
award, and the investment income accruing thereto, which is held in
trust by the Secretary for a minor; and
(6) ``parent'' means the biological or adoptive parent or
parents, or other legal guardian, of a minor.
(b) Disbursement to parent of minor
Notwithstanding any provision of the Act of October 19, 1973 (87
Stat. 466) [25 U.S.C. 1401 et seq.], the Act of March 12, 1968 (82 Stat.
47), or any other law, or any regulation or plan promulgated pursuant
thereto, the minor's share of judgment funds heretofore or hereafter
awarded by the Indian Claims Commission or the United States Court of
Claims to a tribe may be disbursed to a parent of such minor pursuant to
this section and section 609c-1 of this title.
(c) Disbursements under plan for best interest of minor
The minor's share of judgment funds may be disbursed in such amounts
deemed necessary by such parent for the best interest of the minor for
the minor's health, education, welfare, and emergencies under a plan
governing such funds for each minor (or a plan governing funds of all
minors in a family) approved by the Secretary and the tribal governing
body of the minor's tribe.
(d) Monthly reports
The Secretary shall provide a monthly report to each tribal
governing body which has approved one or more plans pursuant to
subsection (c) of this section. Each such report shall include the
amount and purpose of every disbursement made during each month under
such plans.
(Pub. L. 95-433, Sec. 1, Oct. 10, 1978, 92 Stat. 1047; Pub. L. 103-435,
Sec. 17(b), Nov. 2, 1994, 108 Stat. 4573.)
References in Text
Act of October 19, 1973, referred to in subsec. (b), is Pub. L. 93-
134, Oct. 19, 1973, 87 Stat. 466, as amended, known as the Indian Tribal
Judgment Funds Use or Distribution Act, which is classified generally to
chapter 16 (Sec. 1401 et seq.) of this title. For complete
classification of this Act to the Code, see section 1401(c) of this
title and Tables.
Act of March 12, 1968, referred to in subsec. (b), is Pub. L. 90-
266, which authorized the consolidation and use of funds in favor of the
Apache Tribe of the Mescalero Reservation, and was not classified to the
Code.
The Indian Claims Commission, referred to in subsec. (b), terminated
Sept. 30, 1978. See Codification note set out under former section 70 et
seq. of this title.
The United States Court of Claims, referred to in subsec. (b), and
the United States Court of Customs and Patent Appeals were merged
effective Oct. 1, 1982, into a new United States Court of Appeals for
the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which
also created a United States Claims Court [now United States Court of
Federal Claims] that inherited the trial jurisdiction of the Court of
Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of
Title 28, Judiciary and Judicial Procedure.
Amendments
1994--Subsec. (a)(1). Pub. L. 103-435 substituted ``Confederated
Tribes and Bands of the Yakama Indian Nation'' for ``Confederated Tribes
and Bands of the Yakima Indian Nation''.
Section Referred to in Other Sections
This section is referred to in section 609c-1 of this title.
