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Volume 92 · 1047

Public Law 95–433

Relating to judgment funds awarded by the Indian Claims Commission to certain Indian tribes, and for other purposes.

Approved October 10, 1978

Statutory text

An Act

Relating to judgment funds awarded by the Indian Claims Commission to certain Indian tribes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That

(a)

for purposes of this Act, the term—

(1)

“tribe” means the Confederated Tribes and Bands of the Yakima 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 Act;

(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)

Notwithstanding any provision of the Act of October 19, 1973 (87 Stat. 466), the Act of March 12, 1968 (82 Stat. 47), or any other

25 USC 1401–1407.

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 Act.

(c)

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)

The Secretary shall provide a monthly report to each tribal

Report.

governing body which has approved one or more plans pursuant to subsection (c). Each such report shall include the amount and purpose of every disbursement made during each month under such plans.

Sec. 2.

Any part of any of the judgment funds referred to in the first

25 USC 609c–1.

section of this Act that may be distributed per capita to, or held in trust for the benefit of, the members of a tribe, including minor’s shares, shall not be subject to Federal or State income tax, and the per capita payment shall not be considered as income or resources when determining the extent of eligibility for assistance under the Social Security Act, or any other Federal or federally assisted program.

Approved October 10, 1978.

Parsed from the official Statutes at Large USLM XML in 92.xml