§ 1402. Plan for use or distribution of funds

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. 1973

   Pub. L. 93–134 § 2 · 87 Stat. 466

   Enacted · 25 U.S.C. § 1402

   Pub. L. 93–134, § 2, Oct. 19, 1973, 87 Stat. 466

   Source evidence

   Code source credit
   Pub. L. 93–134, § 2, Oct. 19, 1973, 87 Stat. 466

   Enacted provision · exact public law section
   Sec. 2. (a) Within one hundred and eighty days after the appropriation of funds to pay a judgment of the Indian Claims Commission or the Court of Claims to any Indian tribe, the Secretary of the Interior (hereinafter referred to as the “Secretary”) shall prepare and submit to the Congress a plan for the use or distribution of such funds: Provided, however, That with respect to judgments for which funds have been appropriated and for which legislation authorizing use or distribution has not been enacted prior to enactment of this Act, the one hundred and eighty-day period shall begin upon the date of enactment of this Act. In any case where the Secretary determines that the circumstances do not permit the preparation and submission of a plan as provided in this Act, he shall submit, within such one hundred and eighty-day period, proposed legislation as provided in section 5(b). (b) An extension of the one hundred and eighty-day period, not to exceed ninety days, may be requested by the Secretary or by the affected Indian tribe submitting such request to the committees through the Secretary, and any such request will be subject to the approval of both the Senate and House of Representatives Committees on Interior and Insular Affairs. (c) The Secretary shall notify the affected Indian tribe on the date of submission of such plan and provide it with a copy thereof.

2. 1982

   Federal Courts Improvement Act of 1982

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

   Substituted · 25 U.S.C. § 1402(a)

   Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”. See Codification note above

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”. See Codification note above.

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

3. 1983

   Pub. L. 97–458 § 1 · 96 Stat. 2512

   1. Substituted · 25 U.S.C. § 1402(a)

      Pub. L. 97–458 substituted “one year” for “one hundred and eighty days”; inserted provision for contents of the plan; inserted provision for submission of copy of the plan to each affected tribe or group, incorporating part of former subsec. (c); struck out proviso prescribing Oct. 19, 1973, as the commencing date with respect to judgments for which funds were appropriated and for which legislation authorizing use or distribution was not enacted prior to Oct. 19, 1973;

   2. Struck · 25 U.S.C. § 1402(a)

      Pub. L. 97–458 struck out second sentence respecting submission of proposed legislation and report to Congress, incorporated in subsec. (c). See Codification note above

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–458 substituted “one year” for “one hundred and eighty days”; inserted provision for contents of the plan; inserted provision for submission of copy of the plan to each affected tribe or group, incorporating part of former subsec. (c); struck out proviso prescribing Oct. 19, 1973, as the commencing date with respect to judgments for which funds were appropriated and for which legislation authorizing use or distribution was not enacted prior to Oct. 19, 1973; and struck out second sentence respecting submission of proposed legislation and report to Congress, incorporated in subsec. (c). See Codification note above.

4. 1983

   Pub. L. 97–458 § 1 · 96 Stat. 2512

   Redesignated · 25 U.S.C. § 1402(b)

   Pub. L. 97–458 added subsec. (b). Former subsec. (b) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–458 added subsec. (b). Former subsec. (b) redesignated (e).

5. 1983

   Pub. L. 97–458 § 1 · 96 Stat. 2512

   1. Redesignated · 25 U.S.C. § 1402(c)

      Pub. L. 97–458 redesignated second sentence of subsec. (a) as subsec. (c)

   2. Substituted · 25 U.S.C. § 1402(c)

      Pub. L. 97–458 substituted “he shall submit to the Congress within the one-year period proposed legislation to authorize use or distribution of such funds, together with a report thereon” for “he shall submit, within such one hundred and eighty-day period, proposed legislation as provided in section 1405(b) of this title”. Former subsec. (c) respecting notification of affected Indian tribe on the date of submission of the plan covered in part in subsec. (a) as to provision for a copy of the plan

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–458 redesignated second sentence of subsec. (a) as subsec. (c) and substituted “he shall submit to the Congress within the one-year period proposed legislation to authorize use or distribution of such funds, together with a report thereon” for “he shall submit, within such one hundred and eighty-day period, proposed legislation as provided in section 1405(b) of this title”. Former subsec. (c) respecting notification of affected Indian tribe on the date of submission of the plan covered in part in subsec. (a) as to provision for a copy of the plan.

6. 1983

   Pub. L. 97–458 § 1 · 96 Stat. 2512

   Added · 25 U.S.C. § 1402(d)

   Pub. L. 97–458 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–458 added subsec. (d).

7. 1983

   Pub. L. 97–458 § 1 · 96 Stat. 2512

   1. Redesignated · 25 U.S.C. § 1402(e)

      Pub. L. 97–458 redesignated subsec. (b) as (e); increased time allowed for submission of plans to one year from a one hundred and eighty-day period and additional time allowed for such submissions to one hundred and eighty from ninety days;

   2. Substituted · 25 U.S.C. § 1402(e)

      Pub. L. 97–458 substituted the Senate Select Committee on Indian Affairs for the Senate Committee on Interior and Insular Affairs as the Senate committee approving any extensions

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 97–458 redesignated subsec. (b) as (e); increased time allowed for submission of plans to one year from a one hundred and eighty-day period and additional time allowed for such submissions to one hundred and eighty from ninety days; and substituted the Senate Select Committee on Indian Affairs for the Senate Committee on Interior and Insular Affairs as the Senate committee approving any extensions.

8. 1992

   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. § 1402(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.

9. 1994

   Pub. L. 103–437 § 10(e)(1) · 108 Stat. 4581

   1. Substituted · 25 U.S.C. § 1402(e)

      Pub. L. 103–437 substituted “Committee on Indian” for “Select Committee on Indian”

   2. Substituted · 25 U.S.C. § 1402(e)

      Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–437 substituted “Committee on Indian” for “Select Committee on Indian” and “Natural Resources” for “Interior and Insular Affairs”.

   Enacted provision · exact public law section
   (1) The provisions specified in paragraph (2) of this subsection are amended by— (A) striking “Select”; and (B) striking “Interior and Insular Affairs” and substituting “Natural Resources”.

5 of 13 references resolved to an enrolled provision · 8 partial