§ 5122. Offsets of gratuities

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. 1935

   Pub. L. 74–508 § 2 · 49 Stat. 571

   Enacted · 25 U.S.C. § 5122

   Aug. 12, 1935, ch. 508, § 2, 49 Stat. 596

   Source evidence

   Code source credit
   Aug. 12, 1935, ch. 508, § 2, 49 Stat. 596

   Enacted provision · exact public law section
   Sec. 2. In all suits now pending in the Court of Claims by an Indian tribe or Offset against amounts due, for gratuities, etc. band which have not been tried or submitted, and in any suit hereafter filed in the Court of Claims by any such tribe or band, the Court of Claims is hereby directed to consider and to offset against any amount found due the said tribe or band all sums expended gratuitously by the United States for the benefit of the Amount of Federal expense to be expressed in Court findings. said tribe or band; and in all cases now pending or hereafter filed in the Court of Claims in which an Indian tribe or band is party plaintiff, wherein the duty of the court is merely to report its findings of fact and conclusions to Congress, the said Court of Claims is hereby directed to include in its report a statement of the amount of money which has been expended by the United States gratuitously for the Proviso. Pending claims not affected. benefit of the said tribe or band: Provided, That expenditures made prior to the date of the law, treaty, agreement, or Executive order under which the claims arise shall not be offset against the claims or Vol. 48, p. 984. claim asserted; and expenditures under the Act of June 18, 1934 Exceptions. (48 Stat. L. 984), except expenditures under appropriations made pursuant to section 5 of such Act, shall not be charged as offsets against any claim on behalf of an Indian tribe or tribes now Tribal expenditures not gratuities. pending in the Court of Claims or hereafter filed: Provided further, That funds appropriated and expended from tribal funds shall not be construed as gratuities; and this section shall not be deemed to amend or affect the various Acts granting jurisdiction to the Court of Claims to hear and determine the claims listed on page 678 of the hearings before the subcommittee of the House Committee on Appropriations on the second deficiency appropriation bill for the fiscal Designated activities, etc., excluded. year 1935: And provided further, That no expenditure under any emergency appropriation or allotment made subsequently to March 4, 1933, and generally applicable throughout the United States for relief in stricken agricultural areas, relief from distress caused by unemployment and conditions resulting therefrom, the prosecution of public works and public projects for the relief of unemployment or to increase employment, and for work relief (including the civil-works program) shall be considered in connection with the operation of this section.

2. 1982

   Federal Courts Improvement Act of 1982

   Pub. L. 97–164 title I § 160(a)(8) · 96 Stat. 25

   Substituted · 25 U.S.C. § 5122

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

   Source evidence

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

   Enacted provision · exact public law section
   (8) Section 2 of the Act of August 12, 1935 (25 U.S.C. 475a).

3. 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. § 5122

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

   Source evidence

   Code amendment note
   Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court” wherever appearing.

   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.

3 of 3 references resolved to an enrolled provision