25 U.S.C. § 1402 : US Code - Section 1402: Plan for use or distribution of funds

Search 25 U.S.C. § 1402 : US Code - Section 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 Commission 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 division 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 Secretary
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 preparation 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 report to Congress in
absence of consent of tribal governments to division of judgment
funds between two or more beneficiary entities
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 proposed legislation to the Congress as
provided in subsection (c) of this section.
(e) Extension of time for preparation and submission of plan
An extension of the one-year period, not to exceed one hundred
and eighty days, may be requested by the Secretary or by the
affected Indian tribe, submitting such request to the committees
through the Secretary, and any such request will be subject to the
approval of both the Senate Committee on Indian Affairs and the
United States House of Representatives Committee on Natural
Resources.