25 U.S.C. § 117b — Distribution of funds

submitted 43 years ago by Pub. L. 98-64 to r/title-25-INDIANS · 235 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law limits how per-capita tribal fund payments under sections 117a to 117c can be used. These funds generally can't be taken to pay old debts, except as the tribe's governing body allows. It also protects minors' and incompetent members' interests, with a special rule for the Shoshone and Arapaho tribes.

(a) Previous contractual obligations; tax exemption. Money distributed under sections 117a to 117c cannot be taken to pay debts the member contracted before receiving it - unless the tribe's governing body says otherwise. These distributions must also follow section 7 of the Act of October 19, 1973, as amended (25 U.S.C. 1407). (b) Funds appropriated in satisfaction of judgments. Nothing in sections 117a to 117c changes the rules in the Act of October 19, 1973, as amended (25 U.S.C. 1401 et seq.), or in any plan approved under it, for how judgment funds must be used or distributed. However, a tribe can still make per-capita payments under section 117a as part of a plan approved under that 1973 Act, as long as the rest of that Act's requirements are met - including protecting the interests of minors and legally incompetent members. (c) Shoshone Tribe and Arapaho Tribe of the Wind River Reservation, Wyoming. Except for subsection (a)'s rule about old debts and tax exemption, none of sections 117a to 117c applies to the Shoshone Tribe or the Arapaho Tribe of the Wind River Reservation in Wyoming.

the actual law source: uscode.house.gov ↗public domain

(a) Previous contractual obligations; tax exemption

Funds distributed under sections 117a to 117c of this title shall not be liable for the payment of previously contracted obligations except as may be provided by the governing body of the tribe and distributions of such funds shall be subject to the provisions of section 7 of the Act of October 19, 1973 (87 Stat. 466), as amended [25 U.S.C. 1407].

(b) Funds appropriated in satisfaction of judgments

Nothing in sections 117a to 117c of this title shall affect the requirements of the Act of October 19, 1973 (87 Stat. 466), as amended [25 U.S.C. 1401 et seq.], or of any plan approved thereunder, with respect to the use or distribution of funds subject to that Act: Provided, That per capita payments made pursuant to a plan approved under that Act may be made by an Indian tribe as provided in section 117a of this title if all other provisions of the 1973 Act are met, including but not limited to, the protection of the interests of minors and incompetents in such funds.

Nothing in sections 117a to 117c of this title, except the provisions of subsection (a) of this section, shall apply to the Shoshone Tribe and the Arapahoe 1 Tribe of the Wind River Reservation, Wyoming.

Source credit: (Pub. L. 98–64, § 2, 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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