Page:United States Statutes at Large Volume 96 Part 2.djvu/1150

 96 STAT. 2512

PUBLIC LAW 97-458—JAN. 12, 1983

Public Law 97-458 97th Congress Jan.12, 1983 [H.R. 3731]

Indians. Judgment funds, distribution. Plan, submittal to Congress. 25 USC 1402.

Proposed legislation, submittal to Congress.

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Extension request, submittal to congressional committees.

25 USC 1403.

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An Act

To 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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act of October 19, 1973 (87 Stat. 466; 25 U.S.C. 1401 et seq.) is amended to read as follows: "SEC. 2. (a) Within one year after appropriation of funds to pay a judgment of the Indian Claims Commission or the Court of 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) With respect to judgments, for which funds have been appropriated prior to the enactment of this amended section, but for which use or distribution has not been authorized by enactment of legislation or by an effective plan under this Act, the Secretary shall prepare and submit such plans within one year of the enactment of this amended section. "(c) In any case where the Secretary determines that the circumstances do not permit the preparation and submission of a plan as provided in this Act, he shall submit to the Congress within the oneyear period proposed legislation to authorize use or distribution of such funds, together with a report thereon. "(d) 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 the enactment of this amended section, he shall submit proposed legislation to the Congress as provided in section 2(c). "(e) 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 Select Committee on Indian Affairs and the United States House of Representatives Committee on Interior and Insular Affairs.". SEC. 2. (a) Section 3(b)(3) of said Act is hereby amended by adding at the end thereof the following proviso: "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

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