Title 25 — Indians
Chapter 25 — Old Age Assistance Claims Settlement
§ 2304. Identification of right to payment and expedited claim payment
Statutory text
Search of records
The Secretary shall conduct a search of the records of the Department of the Interior to identify individuals who are entitled to any portion of the unauthorized disbursements which were made and to ascertain the amount of such unauthorized disbursements to which each of such individuals is entitled.
Payment without filing of claim
In any case in which the Secretary ascertains the name and location of any individual who is entitled to any portion of an unauthorized disbursement and determines the amount of such unauthorized disbursement to which such individual is entitled, the Secretary shall pay such amount, including interest thereon as provided in section 2302 of this title, to such individual immediately without requiring such individual to file a formal claim for payment.
Notification
The Secretary shall use the best available means of notifying each individual who is identified in the search conducted under subsection (a) of the right of such individual to receive payment under this chapter. The means of notification available to the Secretary shall include—
notice provided directly to such individual;
notification of the next of kin of such individual;
notification of the chairman or chief executive officer of the tribe of which such individual is a member or of which the deceased Indian was a member; and
publication of notice in newspapers of general circulation in the appropriate area.
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.
Pub. L. 98–500 § 5 · 98 Stat. 2317
Enacted · 25 U.S.C. § 2304
(Pub. L. 98–500, § 5, Oct. 19, 1984, 98 Stat. 2318.)
Source evidence
Code source credit
(Pub. L. 98–500, § 5, Oct. 19, 1984, 98 Stat. 2318.)Enacted provision · exact public law section
Sec. 5. identification of right to payment and expedited claim payment (a) The Secretary shall conduct a search of the records of the Department of the Interior to identify individuals who are entitled to any portion of the unauthorized disbursements which were made and to ascertain the amount of such unauthorized disbursements to which each of such individuals is entitled. (b) In any case in which the Secretary ascertains the name and location of any individual who is entitled to any portion of an unauthorized disbursement and determines the amount of such unauthorized disbursement to which such individual is entitled, the Secretary shall pay such amount, including interest thereon as provided in section 3, to such individual immediately without requiring such individual to file a formal claim for payment. (c) The Secretary shall use the best available means of notifying each individual who is identified in the search conducted under subsection (a) of the right of such individual to receive payment under this Act. The means of notification available to the Secretary shall include— (1) notice provided directly to such individual; (2) notification of the next of kin of such individual; (3) notification of the chairman or chief executive officer of the tribe of which such individual is a member or of which the deceased Indian was a member; and (4) publication of notice in newspapers of general circulation in the appropriate area.
1 of 1 references resolved to an enrolled provision