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Title 25 — Indians

Chapter 16 — Distribution of Judgment Funds

§ 1401. Funds appropriated in satisfaction of judgments of Indian Claims Commission or United States Court of Federal Claims

Statutory text

(a)

Use and distribution

Notwithstanding any other law, all use or distribution of funds appropriated in satisfaction of a judgment of the Indian Claims Commission or the United States Court of Federal Claims in favor of any Indian tribe, band, group, pueblo, or community (hereinafter referred to as “Indian tribe”), together with any investment income earned thereon, after payment of attorney fees and litigation expenses, shall be made pursuant to the provisions of this chapter.

(b)

Amounts remaining to be held in trust unless otherwise provided

Except as provided in sections 164 and 165 of this title, amounts which the Secretary of the Interior has remaining after execution of either a plan under this chapter, or another Act enacted heretofore or hereafter providing for the use or distribution of amounts awarded in satisfaction of a judgment in favor of an Indian tribe or tribes, together with any investment income earned thereon and after payment of attorney fees and litigation expenses, shall be held in trust by the Secretary for the tribe or tribes involved if the plan or Act does not otherwise provide for the use of such amounts.

(c)

Short title

This chapter may be cited as the “Indian Tribal Judgment Funds Use or Distribution Act”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 93–134 § 1 · 87 Stat. 466

    Enacted · 25 U.S.C. § 1401

    Pub. L. 93–134, § 1, Oct. 19, 1973, 87 Stat. 466

    Source evidence

    Code source credit
    Pub. L. 93–134, § 1, Oct. 19, 1973, 87 Stat. 466

    Enacted provision · exact public law section
    (1) receive and consider any resolution or communication, together with any suggested use or distribution plan, which any affected Indian tribe may wish to submit to him; and

  2. Federal Courts Improvement Act of 1982

    Pub. L. 97–164 title I § 160(a)(1) · 96 Stat. 25

    Substituted · 25 U.S.C. § 1401

    Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”

    Source evidence

    Code amendment note
    Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.

    Enacted provision · exact public law section
    (1) Sections 1 and 2 of the Act of October 19, 1973 (87 Stat. 466).

  3. Pub. L. 100–153 § 4(1) · 101 Stat. 886

    1. Amended · 25 U.S.C. § 1401(a)

      Pub. L. 100–153, § 4(1), (2), designated existing provision as subsec. (a)

    2. Substituted · 25 U.S.C. § 1401(a)

      Pub. L. 100–153, § 4(1), (2), substituted “any investment income” for “any interest”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–153, § 4(1), (2), designated existing provision as subsec. (a) and substituted “any investment income” for “any interest”.

    Enacted provision · exact public law section
    (1) inserting “(a)” before the word “That”;

  4. Pub. L. 100–153 § 4(3) · 101 Stat. 886

    Added · 25 U.S.C. § 1401(b); 25 U.S.C. § 1401(c)

    Pub. L. 100–153, § 4(3), added subsecs. (b) and (c)

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 100–153, § 4(3), added subsecs. (b) and (c).

    Enacted provision · exact public law section
    (3) adding the following new subsections— “(b) Except as provided in the Act of September 22, 1961 (75 Stat. 584), amounts which the Secretary of the Interior has remaining after execution of either a plan under this Act, or another Act enacted heretofore or hereafter providing for the use or distribution of amounts awarded in satisfaction of a judgment in favor of an Indian tribe or tribes, together with any investment income earned thereon and after payment of attorney fees and litigation expenses, shall be held in trust by the Secretary for the tribe or tribes involved if the plan or Act does not otherwise provide for the use of such amounts. “(c) Indian Tribal Judgment Funds Use or Distribution Act. 25 USC 2301. This Act may be cited as the ‘Indian Tribal Judgment Funds Use or Distribution Act’.”.

  5. Court of Federal Claims Technical and Procedural Improvements Act of 1992

    Pub. L. 102–572 title IX § 902(b)(1) · 106 Stat. 4506

    Substituted · 25 U.S.C. § 1401(a)

    Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

    Enacted provision · exact public law section
    (1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; and

    Effective date note
    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.

6 of 6 references resolved to an enrolled provision

Editorial Notes

References in Text

The Indian Claims Commission, referred to in text, terminated . See Codification note set out under former section 70 et seq. of this title.

Amendments1982–1992 · 3 rounds

1992

Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1987

Subsec. (a). Pub. L. 100–153, § 4(1), (2), designated existing provision as subsec. (a) and substituted “any investment income” for “any interest”.

Subsecs. (b), (c). Pub. L. 100–153, § 4(3), added subsecs. (b) and (c).

1982

Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective , 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 , see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Short Title of 2014 Amendment

Pub. L. 113–290, § 1, , 128 Stat. 3291, provided that: “This Act [amending section 1407 of this title] may be cited as the ‘Grand Portage Band Per Capita Adjustment Act’.”

Credits

1973–1992 · 4 acts
  1. 1973Pub. L. 93–134, § 1, , 87 Stat. 466
  2. 1982Pub. L. 97–164, title I, § 160(a)(1), , 96 Stat. 48
  3. 1987Pub. L. 100–153, § 4, , 101 Stat. 886
  4. 1992Pub. L. 102–572, title IX, § 902(b)(1), , 106 Stat. 4516.
Show as published

(Pub. L. 93–134, § 1, , 87 Stat. 466; Pub. L. 97–164, title I, § 160(a)(1), , 96 Stat. 48; Pub. L. 100–153, § 4, , 101 Stat. 886; Pub. L. 102–572, title IX, § 902(b)(1), , 106 Stat. 4516.)

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