25 U.S.C. § 1403 : US Code - Section 1403: Preparation of plan

Search 25 U.S.C. § 1403 : US Code - Section 1403: Preparation of plan

(a) Prerequisites for final preparation
The Secretary shall prepare a plan which shall best serve the
interests of all those entities and individuals entitled to receive
funds of each Indian judgment. Prior to the final preparation of
the plan, the Secretary shall -
(1) receive and consider any resolution or communication,
together with any suggested use or distribution plan, which any
affected Indian tribe may wish to submit to him; and
(2) hold a hearing of record, after appropriate public notice,
to obtain the testimony of leaders and members of the Indian
tribe which may receive any portion, or be affected by the use or
distribution, of such funds, in the area in which such Indian
tribe is located and at a time which shall best serve the
convenience of the eligible members thereof.
(b) Guidelines
In preparing a plan for the use or distribution of the funds of
each Indian judgment, the Secretary shall, among other things, be
assured that -
(1) legal, financial, and other expertise of the Department of
the Interior has been made fully available in an advisory
capacity to the Indian tribe which is entitled to such funds to
assist it to develop and communicate to the Secretary pursuant to
clause (1) of subsection (a) of this section its own suggested
plan for the distribution and use of such funds;
(2) the needs and desires of any groups or individuals who are
in a minority position, but who are also entitled to receive such
funds, have been fully ascertained and considered;
(3) the interests of minors and other legally incompetent
persons who are entitled to receive any portion of such funds as
are subsequently distributed to them are and will be protected
and preserved; (!1) Provided, That such funds may be disbursed to
the parents or legal guardian of such minors or legal
incompetents in such amounts as may be necessary for the minor or
legal incompetent's health, education, welfare, or emergencies
under a plan or plans approved by the Secretary and the tribal
governing body of the Indian tribe involved.(!2)
(4) any provision, including enrollment provisions, of the
constitution, bylaws, rules, and procedures of such tribe which
may affect the distribution or other use of such funds are in
full accord with the principles of fairness and equity;
(5) a significant portion of such funds shall be set aside and
programed to serve common tribal needs, educational requirements,
and such other purposes as the circumstances of the affected
Indian tribe may justify, except not less than 20 per centum of
such funds shall be so set aside and programed unless the
Secretary determines that the particular circumstances of the
pertinent Indian tribe clearly warrant otherwise: Provided, That
in the development of such plan the Secretary shall survey past
and present plans of the tribe for economic development, shall
consider long range benefits which might accrue to the tribe from
such plans, and shall encourage programing of funds for economic
development purposes where appropriate; and
(6) methods exist and will be employed to insure the proper
performance of the plan once it becomes effective under section
1405 of this title.