§ 1405. Effective date of plan; joint resolution of disapproval

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 § 5 · 87 Stat. 466

   Enacted · 25 U.S.C. § 1405

   Pub. L. 93–134, § 5, Oct. 19, 1973, 87 Stat. 468

   Source evidence

   Code source credit
   Pub. L. 93–134, § 5, Oct. 19, 1973, 87 Stat. 468

   Enacted provision · exact public law section
   Sec. 5. (a) The plan prepared by the Secretary shall become effective, and he shall take immediate action to implement the plan for the use or distribution of such judgment funds, at the end of the sixty-day period (excluding days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) beginning on the day such plan is submitted to the Congress, unless during such sixty-day period either House adopts a resolution disapproving such plans. (b) Within thirty calendar days after the date of adoption of a resolution disapproving a plan, the Secretary’ shall submit to the Congress proposed legislation, together with a report thereon, authorizing use. or distribution of such funds.

2. 1983

   Pub. L. 97–458 § 3(a) · 96 Stat. 2512

   Substituted · 25 U.S.C. § 1405(a)

   Pub. L. 97–458, § 3(a), substituted “unless during such sixty-day period a joint resolution is enacted” for “unless during such sixty-day period either House adopts a resolution disapproving such plans”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–458, § 3(a), substituted “unless during such sixty-day period a joint resolution is enacted” for “unless during such sixty-day period either House adopts a resolution disapproving such plans”.

   Enacted provision · exact public law section
   (a) Subsection (a) of section 5 of said Act is amended by 25 USC 1405. deleting “either House adopts a resolution” and inserting in lieu thereof “a joint resolution is enacted”.

3. 1983

   Pub. L. 97–458 § 3(b) · 96 Stat. 2512

   Substituted · 25 U.S.C. § 1405(b)

   Pub. L. 97–458, § 3(b), substituted “date of enactment of a joint resolution disapproving a plan” for “date of adoption of a resolution disapproving a plan”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–458, § 3(b), substituted “date of enactment of a joint resolution disapproving a plan” for “date of adoption of a resolution disapproving a plan”.

   Enacted provision · exact public law section
   (b) Subsection (b) of section 5 of said Act is amended by deleting “adoption of a resolution” and inserting in lieu thereof “enactment of a joint resolution”.

4. 1983

   Pub. L. 97–458 § 3(c) · 96 Stat. 2512

   Added · 25 U.S.C. § 1405(c)(e)

   Pub. L. 97–458, § 3(c), added subsecs. (c) to (e)

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Pub. L. 97–458, § 3(c), added subsecs. (c) to (e).

   Enacted provision · exact public law section
   (c) Section 5 of said Act is amended by adding the following new subsections at the end thereof: “(c) Within the sixty-day period and before the adoption of any Plan, withdrawal or amendment. resolution disapproving a plan, the Secretary may withdraw or amend such plan: Provided, That any amendments affecting the division of an award between two or more beneficiary entities shall be subject to the consent of these entities as provided in section 2(d) of this Act. Any such amended plan shall become valid at the end of a sixty-day period beginning on the day such amendment is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan as amended. “(d) Once a plan is withdrawn before the end of a sixty-day period, the Secretary has until the expiration of the original one-year deadline to resubmit a plan to Congress. Such a plan shall become valid at the end of a sixty-day period beginning on the day such new plan is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan. “(e) Upon the introduction of the first such resolution of disapproval in either the House of Representatives or the Senate, the sixty-day period shall be recomputed from the date of such introduction and shall not again be extended.”.

4 of 4 references resolved to an enrolled provision