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25 U.S.C. § 119Allotment of tribal funds to individual Indians

submitted 119 years ago by ch. 2523 to r/title-25-INDIANS · 220 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior may give an individual tribal member their share of tribal trust funds. The Secretary must believe that person can manage their own money. The person must apply first, and the government may hold back money to cover pending claims.

This section lets the Secretary of the Interior pick out an individual Indian who belongs to a tribe and who the Secretary believes is capable of managing their own affairs. The Secretary can then set aside and give that person their proportional share of any tribal or trust funds held for their tribe in the U.S. Treasury. Once that happens, the amount gets credited to that person's name on the Treasury's books, and it becomes available for the person to direct as they choose. The section adds two conditions. First, no one gets this allotment unless they apply for it themselves. Second, the Secretaries of the Interior and of the Treasury must hold back enough of the tribe's money to cover any claims against members of the tribe that are still pending — whether in the United States Court of Federal Claims or before an Executive Department — at the time of the allotment.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior is authorized, in his discretion, from time to time, to designate any individual Indian belonging to any tribe or tribes whom he may deem to be capable of managing his or her affairs, and he may cause to be apportioned and allotted to any such Indian his or her pro rata share of any tribal or trust funds on deposit in the Treasury of the United States to the credit of the tribe or tribes of which said Indian is a member, and the amount so apportioned and allotted shall be placed to the credit of such Indian upon the books of the Treasury, and the same shall thereupon be subject to the order of such Indian: Provided, That no apportionment or allotment shall be made to any Indian until such Indian has first made an application therefor: Provided further, That the Secretaries of the Interior and of the Treasury are directed to withhold from such apportionment and allotment a sufficient sum of the said Indian funds as may be necessary or required to pay any existing claims against said Indians that may be pending for settlement by judicial determination in the United States Court of Federal Claims or in the Executive Departments of the Government, at time of such apportionment and allotment.

Source credit: (Mar. 2, 1907, ch. 2523, § 1, 34 Stat. 1221; Pub. L. 97–164, title I, § 160(a)(7), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

history & why it existsrecord from the source credit
  • 1907Enacted · Act of Mar. 2, 1907, ch. 2523 · 34 Stat. 1221
  • 1982Amended · Pub. L. 97-164 · 96 Stat. 48
  • 1992Amended · Pub. L. 102-572 · 106 Stat. 4516

A history note hasn’t been published yet. The record shows enactment by ch. 2523 on 1907-03-02.

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