25 U.S.C. § 1401 — Funds appropriated in satisfaction of

Page 224 TITLE 25—INDIANS § 1341 is neither granted nor denied within ninety days following the making of such application, such approval shall be deemed to have been granted. (Pub. L. 90–284, title VI, § 601, Apr. 11, 1968, 82 Stat. 80.) SUBCHAPTER V—MATERIALS AND PUBLICATIONS § 1341. Authorization of Secretary (a) Revision of document on ‘‘Indian Affairs, Laws and Treaties’’ and treatise on ‘‘Federal Indian Laws’’; compilation of official opin- ions; printing and republication In order that the constitutional rights of Indi- ans might be fully protected, the Secretary of the Interior is authorized and directed to— (1) have the document entitled ‘‘Indian Af- fairs, Laws and Treaties’’ (Senate Document Numbered 319, volumes 1 and 2, Fifty-eighth Congress), revised and extended to include all treaties, laws, Executive orders, and regula- tions relating to Indian affairs in force on Sep- tember 1, 1967, and to have such revised docu- ment printed at the Government Publishing Office; (2) have revised and republished the treatise entitled ‘‘Federal Indian Law’’; and (3) have prepared, to the extent determined by the Secretary of the Interior to be feasible, an accurate compilation of the official opin- ions, published and unpublished, of the Solic- itor of the Department of the Interior relating to Indian affairs rendered by the Solicitor prior to September 1, 1967, and to have such compilation printed as a Government publica- tion at the Government Publishing Office. (b) Current services With respect to the document entitled ‘‘Indian Affairs, Laws and Treaties’’ as revised and ex- tended in accordance with paragraph (1) of sub- section (a), and the compilation prepared in ac- cordance with paragraph (3) of such subsection, the Secretary of the Interior shall take such ac- tion as may be necessary to keep such document and compilation current on an annual basis. (c) Authorization of appropriations There is authorized to be appropriated for car- rying out the provisions of this subchapter such sum as may be necessary. (Pub. L. 90–284, title VII, § 701, Apr. 11, 1968, 82 Stat. 80; Pub. L. 93–265, Apr. 12, 1974, 88 Stat. 84; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes AMENDMENTS 1974—Subsec. (c). Pub. L. 93–265 struck out ‘‘, with re- spect to the preparation but not including printing,’’ before ‘‘such sum’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in subsec. (a)(1), (3) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. CHAPTER 16—DISTRIBUTION OF JUDGMENT FUNDS Sec. 1401. Funds appropriated in satisfaction of judg- ments of Indian Claims Commission or United States Court of Federal Claims. 1402. Plan for use or distribution of funds. 1403. Preparation of plan. 1404. Hearing transcripts and tribal support state- ments; submission to Congress with plan. 1405. Effective date of plan; joint resolution of dis- approval. 1406. Rules and regulations. 1407. Tax exemption; resources exemption limita- tion. 1408. Resources exemption. § 1401. Funds appropriated in satisfaction of judgments of Indian Claims Commission or United States Court of Federal Claims (a) Use and distribution Notwithstanding any other law, all use or dis- tribution of funds appropriated in satisfaction of a judgment of the Indian Claims Commission or the United States Court of Federal Claims in favor of any Indian tribe, band, group, pueblo, or community (hereinafter referred to as ‘‘Indian tribe’’), together with any investment income earned thereon, after payment of attorney fees and litigation expenses, shall be made pursuant to the provisions of this chapter. (b) Amounts remaining to be held in trust unless otherwise provided Except as provided in sections 164 and 165 of this title, amounts which the Secretary of the Interior has remaining after execution of either a plan under this chapter, or another Act en- acted heretofore or hereafter providing for the use or distribution of amounts awarded in satis- faction of a judgment in favor of an Indian tribe or tribes, together with any investment income earned thereon and after payment of attorney fees and litigation expenses, shall be held in trust by the Secretary for the tribe or tribes in- volved if the plan or Act does not otherwise pro- vide for the use of such amounts. (c) Short title This chapter may be cited as the ‘‘Indian Trib- al Judgment Funds Use or Distribution Act’’. (Pub. L. 93–134, § 1, Oct. 19, 1973, 87 Stat. 466; Pub. L. 97–164, title I, § 160(a)(1), Apr. 2, 1982, 96 Stat. 48; Pub. L. 100–153, § 4, Nov. 5, 1987, 101 Stat. 886; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) Editorial Notes REFERENCES IN TEXT The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1987—Subsec. (a). Pub. L. 100–153, § 4(1), (2), designated existing provision as subsec. (a) and substituted ‘‘any investment income’’ for ‘‘any interest’’. Subsecs. (b), (c). Pub. L. 100–153, § 4(3), added subsecs. (b) and (c). Page 225 TITLE 25—INDIANS § 1402 1982—Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT 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. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–290, § 1, Dec. 19, 2014, 128 Stat. 3291, pro- vided that: ‘‘This Act [amending section 1407 of this title] may be cited as the ‘Grand Portage Band Per Capita Adjustment Act’.’’ § 1402. Plan for use or distribution of funds (a) Preparation and submission to Congress by Secretary of the Interior; contents; copy to affected Indian tribe Within one year after appropriation of funds to pay a judgment of the Indian Claims Commis- sion or the United States Court of Federal Claims to any Indian tribe, the Secretary of the Interior shall prepare and submit to Congress a plan for the use and distribution of the funds. Such plan shall include identification of the present-day beneficiaries, a formula for the divi- sion of the funds among two or more beneficiary entities if such is warranted, and a proposal for the use and distribution of the funds. The Sec- retary shall simultaneously submit a copy of such plan to each affected tribe or group. (b) Time for preparation and submission of plan With respect to judgments, for which funds have been appropriated prior to January 12, 1983, but for which use or distribution has not been authorized by enactment of legislation or by an effective plan under this chapter, the Secretary shall prepare and submit such plans within one year of January 12, 1983. (c) Submission of proposed legislation and report to Congress In any case where the Secretary determines that the circumstances do not permit the prepa- ration and submission of a plan as provided in this chapter, 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. (d) Submission of proposed legislation and re- port to Congress in absence of consent of tribal governments to division of judgment funds between two or more beneficiary enti- ties In cases where the Secretary has to submit a plan dividing judgment funds between two or more beneficiary entities, he shall obtain the consent of the tribal governments involved to the proposed division. If the Secretary cannot obtain such consent within one hundred and eighty days after appropriation of the funds for the award or within one hundred and eighty days of January 12, 1983, he shall submit pro- posed legislation to the Congress as provided in subsection (c). (e) Extension of time for preparation and sub- mission of plan An extension of the one-year period, not to ex- ceed one hundred and eighty days, may be re- quested by the Secretary or by the affected In- dian tribe, submitting such request to the com- mittees through the Secretary, and any such re- quest will be subject to the approval of both the Senate Committee on Indian Affairs and the United States House of Representatives Com- mittee on Natural Resources. (Pub. L. 93–134, § 2, Oct. 19, 1973, 87 Stat. 466; Pub. L. 97–164, title I, § 160(a)(1), Apr. 2, 1982, 96 Stat. 48; Pub. L. 97–458, § 1, Jan. 12, 1983, 96 Stat. 2512; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103–437, § 10(e)(1), (2)(A), Nov. 2, 1994, 108 Stat. 4589.) Editorial Notes REFERENCES IN TEXT The Indian Claims Commission, referred to in subsec. (a), terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. CODIFICATION In subsec. (a), ‘‘United States Claims Court’’ [now United States Court of Federal Claims] substituted for ‘‘Court of Claims’’ pursuant to section 160(a)(1) of Pub. L. 97–164, as the probable intent of Congress, notwith- standing later amendment by section 1 of Pub. L. 97–458, which made reference to Court of Claims. AMENDMENTS 1994—Subsec. (e). Pub. L. 103–437 substituted ‘‘Com- mittee on Indian’’ for ‘‘Select Committee on Indian’’ and ‘‘Natural Resources’’ for ‘‘Interior and Insular Af- fairs’’. 1992—Subsec. (a). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1983—Subsec. (a). Pub. L. 97–458 substituted ‘‘one year’’ for ‘‘one hundred and eighty days’’; inserted pro- vision 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, incor- porated in subsec. (c). See Codification note above. Subsec. (b). Pub. L. 97–458 added subsec. (b). Former subsec. (b) redesignated (e). Subsec. (c). Pub. L. 97–458 redesignated second sen- tence 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 no- tification of affected Indian tribe on the date of sub- mission of the plan covered in part in subsec. (a) as to provision for a copy of the plan. Subsec. (d). Pub. L. 97–458 added subsec. (d). 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