§ 1403. Preparation of plan
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/usc/title-25/section-1403A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(Pub. L. 93–134, § 3, Oct. 19, 1973, 87 Stat. 467; Pub. L. 97–458, § 2, Jan. 12, 1983, 96 Stat. 2512.)
Connections22 cite this · traces to 1
Cited by 22 sections · top 12
statutes-at-large
- Public Law 97–458To amend the Act of October 19, 1973 (87 Stat. 466), relating to the use or distribution of certain judgment funds awarded by the Indian Claims Commission or the Court of Claims
- Public Law 98–602To provide for the use and distribution of certain funds awarded the Wyandotte Tribe of Oklahoma and to restore certain mineral rights to the Three Affiliated Tribes of the Fort Berthold Reservation
- Public Law 100–411To settle certain land claims of the Coushatta Tribe of Louisiana against the United States, to authorize the use and distribution of the settlement funds, and for other purposes
- Public Law 105–143To provide for the division, use, and distribution of judgment funds of the Ottawa and Chippewa Indians of Michigan pursuant to dockets numbered 18-E, 58, 364, and 18-R before the Indian Claims Commission
- Public Law 108–22To provide for the use and distribution of certain funds awarded to the Gila River Pima-Maricopa Indian Community, and for other purposes
- Public Law 108–270To provide for the use and distribution of the funds awarded to the Western Shoshone identifiable group under Indian Claims Commission Docket Numbers 326–A–1, 326–A–3, and 326–K, and for other purposes
Traces to 1 document
8 references not yet in our index
- 1
- 2
- Pub. L. 93–134, § 3
- 87 Stat. 467
- Pub. L. 97–458, § 2
- 96 Stat. 2512
- Pub. L. 97–458, § 2(a)
- Pub. L. 97–458, § 2(b)
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cites case law
§ 1403
Preparation of plan
Stat.×14
Fed. Reg.×6
U.S.C.×2
Cite1
Cite2
Pub. L.Pub. L. 93–134, § 3
Stat.87 Stat. 467
Pub. L.Pub. L. 97–458, § 2
Cites 9 · showing 6Cited by 22 across 3 sources