25 U.S.C. § 1403 — Preparation of plan
submitted 53 years ago by Pub. L. 93-134 to r/title-25-INDIANS · 527 words · no verdicts yet
The Secretary must prepare a plan for using or distributing each Indian judgment’s funds. Before finalizing it, the Secretary must consider tribal proposals and hold a public hearing, and the plan must address expertise, minority interests, legal incompetence, fairness, tribal needs, economic development, and proper implementation.
(a) Before final preparation. The Secretary* must prepare the plan that best serves all entities and individuals entitled to funds from each Indian judgment. Before finalizing it, the Secretary must (1) receive and consider any resolution or communication, including a proposed use or distribution plan, that an affected Indian tribe* submits; and (2) after suitable public notice, hold a hearing on the record in the tribe’s area, at a time convenient for eligible members, to hear from tribal leaders and members who may receive or be affected by the funds’ use or distribution. (b) Guidelines. In preparing each plan, the Secretary must ensure, among other things, that (1) the Interior Department’s legal, financial, and other expertise is fully available in an advisory role to help the entitled tribe develop and communicate its own proposed plan under subsection (a)(1); (2) the needs and wishes of minority groups or individuals also entitled to funds are fully determined and considered; (3) the interests of minors and other legally incompetent people entitled to funds are and will be protected. The funds may be paid to a minor’s parent or a legally incompetent person’s guardian in amounts needed for health, education, welfare, or emergencies under plans approved by the Secretary and the tribe’s governing body; (4) tribal constitutional, enrollment, bylaw, rule, and procedure provisions affecting distribution or other use follow fairness and equity; (5) a significant part of the funds is set aside and programmed for common tribal needs, education, and other purposes justified by the tribe’s circumstances. At least 20 percent must be set aside and programmed unless the Secretary determines that the tribe’s particular circumstances clearly justify less. In developing the plan, the Secretary must survey the tribe’s past and current economic-development plans, consider their possible long-term benefits, and encourage economic-development programming when appropriate; and (6) methods exist and will be used to ensure the plan is properly carried out once it becomes effective under section 1405.
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—
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
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.
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—
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;
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;
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; 1Provided, 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
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;
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
methods exist and will be employed to insure the proper performance of the plan once it becomes effective under section 1405 of this title.
Source credit: (Pub. L. 93–134, § 3, Oct. 19, 1973, 87 Stat. 467; Pub. L. 97–458, § 2, Jan. 12, 1983, 96 Stat. 2512.)
- 1973Enacted · Pub. L. 93-134 · 87 Stat. 467
- 1983Amended · Pub. L. 97-458 · 96 Stat. 2512
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-134 on 1973-10-19.
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