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25 U.S.C. § 164Restoration to tribal ownership of unclaimed per capita and other individual payments of tribal trust funds; deposit in general fund of the Treasury

submitted 65 years ago by Pub. L. 87-283 to r/title-25-INDIANS · 193 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a tribal member's share of trust funds or a treaty annuity payment can't be paid and stays unclaimed for six years, it goes back to the tribe. That period runs from when payment was ordered, or from September 22, 1961, whichever is later. If the tribe has no recognized governing body, the money instead goes to the U.S. Treasury.

Unless another law says otherwise, this section covers an individual tribal member's share of tribal trust funds — money from a per capita payment, a distribution, or a treaty annuity, plus any interest earned on that share. If that share cannot be paid to the person it belongs to, and it stays unclaimed for six years from the date payment was officially ordered (or one year from September 22, 1961, whichever date is later), the money must be restored to tribal ownership. There is an exception: if the tribe or group has no governing body that the Secretary of the Interior recognizes as able to act for the tribe, the unpaid share and its interest cannot be restored to the tribe. Instead, that money must be deposited into the general fund of the U.S. Treasury.
the actual law source: uscode.house.gov ↗public domain

Unless otherwise specifically provided by law, the share of an individual member of an Indian tribe or group in a per capita or other distribution, individualization, segregation, or proration of Indian tribal or group funds held in trust by the United States, or in an annuity payment under a treaty, heretofore or hereafter authorized by law, and any interest earned on such share that is properly creditable to the individual shall be restored to tribal ownership if for any reason such share cannot be paid to the individual entitled thereto and remains unclaimed for a period of six years from the date of the administrative directive to make the payment, or one year from September 22, 1961, whichever occurs later: Provided, That if such individual is a member of an Indian tribe or group that has no governing body recognized by the Secretary of the Interior as authorized to act on behalf of the tribe or group, such unpaid share and interest shall be regarded as not capable of restoration to a tribal or group entity and shall be deposited in the general fund of the Treasury of the United States.

Source credit: (Pub. L. 87–283, § 1, Sept. 22, 1961, 75 Stat. 584.)

history & why it existsrecord from the source credit
  • 1961Enacted · Pub. L. 87-283 · 75 Stat. 584

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-283 on 1961-09-22.

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