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25 U.S.C. § 117aPer capita distribution of funds to tribe members

submitted 43 years ago by Pub. L. 98-64 to r/title-25-INDIANS · 128 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior holds trust funds meant for per-person payment to tribe members. Either the Secretary or, with the tribe's request and approval, the tribe itself can pay them. Payments for minors or legally incompetent members go to a parent, guardian, or trust fund.

The Secretary of the Interior holds certain money in trust for an Indian tribe. This money is meant to be paid out per person - an equal share - to the tribe's members. Either the Secretary can make these payments directly, or the tribe can make them itself. For the tribe to pay, its governing body must ask to do so, and the Secretary must approve the request. Whoever makes the payment - the Secretary or the tribe - must pay the money directly to each member. But if a member is a minor, or has been legally found not competent to handle their own affairs, the money instead goes to that member's parent or guardian, or into a trust fund set up for that member. The tribe's governing body decides which of these options to use for minors and legally incompetent members.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 98–64, § 1, Aug. 2, 1983, 97 Stat. 365.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 98-64 · 97 Stat. 365

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-64 on 1983-08-02.

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