§ 117a. Per capita distribution of funds to tribe
members
Funds which are held in trust by the Secretary
of the Interior (hereinafter referred to as the
‘‘Secretary’’) for an Indian tribe and which are
to be distributed per capita to members of that
tribe may be so distributed by either the Sec-
retary or, at the request of the governing body
of the tribe and subject to the approval of the
Secretary, the tribe. Any funds so distributed
shall be paid by the Secretary or the tribe di-
rectly to the members involved or, if such mem-
bers are minors or have been legally determined
not competent to handle their own affairs, to a
parent or guardian of such members or to a
trust fund for such minors or legal incompetents
as determined by the governing body of the
tribe.
(Pub. L. 98–64, § 1, Aug. 2, 1983, 97 Stat. 365.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 98–64, Aug. 2, 1983, 97 Stat. 365, which enacted
sections 117a to 117c and repealed section 117 of this
title and repealed section 19 (per capita payments pro-
visions) of act June 28, 1898, ch. 517, 30 Stat. 502, is pop-
ularly known as the ‘‘Per Capita Act’’.
§ 117b. Distribution of funds
(a) Previous contractual obligations; tax exemp-
tion
Funds distributed under sections 117a to 117c
of this title shall not be liable for the payment
of previously contracted obligations except as
may be provided by the governing body of the
tribe and distributions of such funds shall be
subject to the provisions of section 7 of the Act
of October 19, 1973 (87 Stat. 466), as amended [25
U.S.C. 1407].
(b) Funds appropriated in satisfaction of judg-
ments
Nothing in sections 117a to 117c of this title
shall affect the requirements of the Act of Octo-
ber 19, 1973 (87 Stat. 466), as ame
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_8f8401f1c7b3fac15c688490 Source file: Laws/federal/codes/united-states-code-2024/title-25/section-117a-per-capita-distribution-of-funds-to-tribe--0181350c07.md Pages: Not recorded – Not recorded Passage SHA-256: 1050d12b0e13dc458482ca88a4b62b43af65466086b5ae054d45abaa97a0cfc0 Retained source evidence SHA-256: 6065392c391a24d8bf40fa899f6359e4557173b2f5b23cb20d40b61ec4ce13c2
Page 35
TITLE 25—INDIANS
§ 118
1 So in original. Probably should be ‘‘Arapaho’’.
CODIFICATION
R.S. § 2082 derived from act June 30, 1834, ch. 162, § 12,
4 Stat. 737.
§ 116. Indians 18 years of age to have right to re-
ceipt for annuity
All Indians, when they shall arrive at the age
of eighteen years, shall have the right to receive
and receipt for all annuity money that may be
due or become due to them, if not otherwise in-
capacitated under the regulations of the Indian
Office.
(Mar. 1, 1899, ch. 324, § 8, 30 Stat. 947.)
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-
tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
§ 117. Repealed. Pub. L. 98–64, § 4(a), Aug. 2, 1983,
97 Stat. 366
Section, act June 10, 1896, ch. 398, § 1, 29 Stat. 336, di-
rected that any sums of money to be paid per capita to
individual Indians be paid to said Indians by an officer
of the Government designated by the Secretary of the
Interior. See section 117a et seq. of this title.
§ 117a. Per capita distribution of funds to tribe
members
Funds which are held in trust by the Secretary
of the Interior (hereinafter referred to as the
‘‘Secretary’’) for an Indian tribe and which are
to be distributed per capita to members of that
tribe may be so distributed by either the Sec-
retary or, at the request of the governing body
of the tribe and subject to the approval of the
Secretary, the tribe. Any funds so distributed
shall be paid by the Secretary or the tribe di-
rectly to the members involved or, if such mem-
bers are minors or have been legally determined
not competent to handle their own affairs, to a
parent or guardian of such members or to a
trust fund for such minors or legal incompetents
as determined by the governing body of the
tribe.
(Pub. L. 98–64, § 1, Aug. 2, 1983, 97 Stat. 365.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 98–64, Aug. 2, 1983, 97 Stat. 365, which enacted
sections 117a to 117c and repealed section 117 of this
title and repealed section 19 (per capita payments pro-
visions) of act June 28, 1898, ch. 517, 30 Stat. 502, is pop-
ularly known as the ‘‘Per Capita Act’’.
§ 117b. Distribution of funds
(a) Previous contractual obligations; tax exemp-
tion
Funds distributed under sections 117a to 117c
of this title shall not be liable for the payment
of previously contracted obligations except as
may be provided by the governing body of the
tribe and distributions of such funds shall be
subject to the provisions of section 7 of the Act
of October 19, 1973 (87 Stat. 466), as amended [25
U.S.C. 1407].
(b) Funds appropriated in satisfaction of judg-
ments
Nothing in sections 117a to 117c of this title
shall affect the requirements of the Act of Octo-
ber 19, 1973 (87 Stat. 466), as amended [25 U.S.C.
1401 et seq.], or of any plan approved thereunder,
with respect to the use or distribution of funds
subject to that Act: Provided, That per capita
payments made pursuant to a plan approved
under that Act may be made by an Indian tribe
as provided in section 117a of this title if all
other provisions of the 1973 Act are met, includ-
ing but not limited to, the protection of the in-
terests of minors and incompetents in such
funds.
(c) Shoshone Tribe and Arapaho Tribe of the
Wind River Reservation, Wyoming
Nothing in sections 117a to 117c of this title,
except the provisions of subsection (a) of this
section, shall apply to the Shoshone Tribe and
the Arapahoe 1 Tribe of the Wind River Reserva-
tion, Wyoming.
(Pub. L. 98–64, § 2, Aug. 2, 1983, 97 Stat. 365.)
Editorial Notes
REFERENCES IN TEXT
Act of October 19, 1973, referred to in subsec. (b), is
Pub. L. 93–134, Oct. 19, 1973, 87 Stat. 466, known as the
Indian Tribal Judgment Funds Use or Distribution Act,
which is classified generally to chapter 16 (§ 1401 et seq.)
of this title. For complete classification of this Act to
the Code, see section 1401(c) of this title and Tables.
§ 117c. Standards for approval of tribal pay-
ments; United States not liable for distribu-
tion
of
funds;
continuing
responsibility
under other provisions
(a) The Secretary shall, by regulation, estab-
lish reasonable standards for the approval of
tribal payments pursuant to section 117a of this
title and, where approval is given under such
regulations, the United States shall not be lia-
ble with respect to any distribution of funds by
a tribe under sections 117a to 117c of this title.
(b) Nothing in sections 117a to 117c of this title
shall otherwise absolve the United States from
any other responsibility to the Indians, includ-
ing those which derive from the trust relation-
ship and from any treaties, Executive orders, or
agreements between the United States and any
Indian tribe.
(Pub. L. 98–64, § 3, Aug. 2, 1983, 97 Stat. 365.)
§ 118. Payments in satisfaction of judgments
Payments to Indians made from moneys ap-
propriated by Congress in satisfaction of the
judgment of any court shall be made under the
direction of the officers of the Interior Depart-
ment charged by law with the supervision of In-
dian affairs, and all such payments shall be ac-
counted for to the Treasury in conformity with
law.
(Mar. 3, 1911, ch. 210, § 28, 36 Stat. 1077.)
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Funds which are held in trust by the Secretary of the Interior (hereinafter referred to as the “Secretary”) for an Indian tribe and which are to be distributed per capita to members of that tribe may be so distributed by either the Secretary or, at the request of the governing body of the tribe and subject to the approval of the Secretary, the tribe. Any funds so distributed shall be paid by the Secretary or the tribe directly to the members involved or, if such members are minors or have been legally determined not competent to handle their own affairs, to a parent or guardian of such members or to a trust fund for such minors or legal incompetents as determined by the governing body of the tribe.
**(a) Use and distribution** Notwithstanding any other law, all use or distribution 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 enacted heretofore or hereafter providing for the use or distribution of amounts awarded in satisfaction 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 involved if the plan or Act does not otherwise provide for the use of such amounts.
**(c) Short title** This chapter may be cited as the “Indian Tribal Judgment Funds Use or Distribution Act”.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 1401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 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 Codificatio
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 1401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
None of the funds which—
(1) are distributed per capita or held in trust pursuant to a plan approved under the provisions of this chapter, or 11 So in original. The word “or” probably should not appear.
(2) on January 12, 1983, are to be distributed per capita or are held in trust pursuant to a plan approved by the Congress prior to January 12, 1983,
(3) were distributed pursuant to a plan approved by Congress after December 31, 1981 but prior to January 12, 1983, and any purchases made with such funds, or
(4) are paid by the State of Minnesota to the Bois Forte Band of Chippewa Indians or the Grand Portage Band of Lake Superior Chippewa Indians, or both, pursuant to the agreements of each Band to voluntarily restrict tribal rights to hunt and fish in territory cede 22 So in original. Probably should be “ceded”. under the Treaty of September 30, 1854 (10 Stat. 1109), including all interest accrued on such funds during any period in which such funds are held in a minor’s trust,
including all interest and investment income accrued thereon while such funds are so held in trust, shall be subject to Federal or State income taxes, nor shall such funds nor their availability be considered as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act [[42 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) et seq.] or, except for per capita shares in excess of $2,000, any Federal or federally assisted program.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 1407. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1407. Tax exemption; resources exemption limi-
tation
None of the funds which—
(1) are distributed per capita or held in trust
pursuant to a plan approved under the provi-
sions of this chapter, or 1
(2) on January 12, 1983, are to be distributed
per capita or are held in trust pursuant to a
plan approved by the Congress prior to Janu-
ary 12, 1983,
(3) were distributed pursuant to a plan ap-
proved by Congress after December 31, 1981 but
prior to January 12, 1983, and any purchases
made with such funds, or
(4) are paid by the State of Minnesota to the
Bois Forte Band of Chippewa Indians or the
Grand Portage Band of Lake Superior Chip-
pewa Indians, or both, pursuant to the agree-
ments of each Band to voluntarily restrict
tribal rights to hunt and fish in territory
cede 2 under the Treaty of September 30, 1854
(10 Stat. 1109), including all interest accrued
on such funds during any period in which such
funds are held in a minor’s trust,
including all interest and investment income ac-
crued thereon while such funds are so held in
Page 228
TITLE 25—INDIANS
§ 1408
trust, shall be subject to Federal or State in-
come taxes, nor shall such funds nor their avail-
ability be considered as income or resources nor
otherwise utilized as the basis for denying or re-
ducing the financial assistance or other benefits
to which such household or member would oth-
erwise be entitled under the Social Security Act
[42 U.S.C. 301 et seq.] or, except for per capita
shares in excess of $2,000, any Federal or feder-
ally assisted program.
(Pub. L. 93–134, § 7, Oct. 19, 1973, 87 Stat. 468; Pub.
L. 97–458, § 4, Jan. 12, 1983, 96 Stat. 2513; Pub. L.
106–568, title VIII, § 818, Dec. 27, 2000, 114 Stat.
2918; Pub. L. 113–290, § 2, Dec. 19, 2014, 128 Stat.
3291.)
E
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 1407. This identifies an authority to review, not proof of applicability.