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Title 25 — Indians

Chapter 25 — Old Age Assistance Claims Settlement

§ 2302. Payment of claims

Statutory text

(a)

Authority of Secretary

The Secretary is authorized and directed to determine the portion of any unauthorized disbursement to which any individual under this chapter is entitled, and to pay to such individual the amount which the Secretary determines such individual to be entitled. Any payment under this provision shall include interest at a rate of 5 per centum per annum, simple interest, from the date on which such disbursement was made from the trust estate of the deceased Indian.

(b)

Minimum amount for payment

No payment shall be made to a person under subsection (a) with respect to any unauthorized disbursement from the trust estate of a deceased Indian if—

(1)

the total amount of unauthorized disbursements from such trust estate was less than $50; or

(2)

the payment (not including interest) would be less than $10.

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. 98–500 § 3 · 98 Stat. 2317

    Enacted · 25 U.S.C. § 2302

    Pub. L. 98–500, § 3, Oct. 19, 1984, 98 Stat. 2317

    Source evidence

    Code source credit
    Pub. L. 98–500, § 3, Oct. 19, 1984, 98 Stat. 2317

    Enacted provision · exact public law section
    Sec. 3. payment of claims (a) The Secretary is authorized and directed to determine 25 USC 2302. the portion of any unauthorized disbursement to which any individual under this Act is entitled, and to pay to such individual the amount which the Secretary determines such individual to be entitled. Any payment under this provision shall include interest at a rate of 5 per centum per annum, simple interest, from the date on which such disbursement was made from the trust estate of the deceased Indian. (b) No payment shall be made under subsection (a) with respect to any unauthorized disbursement from the trust estate of a deceased Indian if the total amount of unauthorized disbursement from such trust estate was less than $50.

  2. Pub. L. 100–581 title II § 201 · 102 Stat. 2938

    Amended · 25 U.S.C. § 2302(b)

    Pub. L. 100–581 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “No payment shall be made under subsection (a) with respect to any unauthorized disbursement from the trust estate of a deceased Indian if the total amount of unauthorized disbursement from such trust estate was less than $50.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–581 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “No payment shall be made under subsection (a) with respect to any unauthorized disbursement from the trust estate of a deceased Indian if the total amount of unauthorized disbursement from such trust estate was less than $50.”

    Enacted provision · exact public law section
    Sec. 201. Subsection (b) of section 3 of the Old Age Assistance Claims Settlement Act (98 Stat. 2317; 25 U.S.C. 2302(b)) is amended to read as follows: “(b) No payment shall be made to a person under subsection (a) with respect to any unauthorized disbursement from the trust estate of a deceased Indian if— “(1) the total amount of unauthorized disbursements from such trust estate was less than $50; or “(2) the payment (not including interest) would be less than $10.”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

1988—Subsec. (b). Pub. L. 100–581 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “No payment shall be made under subsection (a) with respect to any unauthorized disbursement from the trust estate of a deceased Indian if the total amount of unauthorized disbursement from such trust estate was less than $50.”

Credits

1984–1988 · 2 acts
  1. 1984Pub. L. 98–500, § 3, , 98 Stat. 2317
  2. 1988Pub. L. 100–581, title II, § 201, , 102 Stat. 2939.
Show as published

(Pub. L. 98–500, § 3, , 98 Stat. 2317; Pub. L. 100–581, title II, § 201, , 102 Stat. 2939.)

Parsed from the official OLRC USLM XML in data/usc_all/usc25.xml · release point 119-108 · OLRC build 2026-05-06

USLM identifier /us/usc/t25/s2302