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25 U.S.C. § 155bProceeds of labor accounts; deposits limited to funds held in trust for Indian tribes or individuals

submitted 45 years ago by Pub. L. 97-100 to r/title-25-INDIANS · 459 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain 'Indian moneys, proceeds of labor' accounts could be spent on Bureau of Indian Affairs programs through September 1982, except money held in trust for specific tribes or individuals. No new money went into these accounts after that date. Leftover balances moved into escrow, and the Secretary later worked out which funds belonged to which tribes or individuals before releasing them.

This section explains what happened to "Indian moneys, proceeds of labor," or IMPL, accounts, created under section 155, except for money held in trust for specific tribes or individuals, which this section does not touch. Funds in these IMPL accounts could be spent, until September 30, 1982, for any purpose covered by the "Operation of Indian Programs" budget. After that date, no more money could go into IMPL accounts. Whatever was left unspent in these accounts as of September 30, 1982, including investment income earned before that date, moved into escrow accounts at the same locations as the original IMPL accounts. Money in these escrow accounts could be invested under section 162a, and the investment income added back to the accounts. By September 30, 1985 at the latest, the Secretary of the Interior had to decide, after talking with the affected tribes and individual Indians, how much of the escrow money came from investing special deposits tied to specific tribes or individuals. Once the Secretary decided this, and the person or tribe it belonged to accepted the decision, the Secretary had to transfer that money into trust accounts for that tribe or individual. No more than 10 percent of the transferred money could go toward paying for legal or other help with the claim. Up to 2 percent of all money transferred out of IMPL accounts could go to the Bureau of Indian Affairs to cover its administrative costs in figuring out ownership. Accepting the Secretary's decision, and having the funds transferred, counted as a full release and waiver of any further claims the tribe or individual might have against the United States over the leftover IMPL balance as of September 30, 1982. Between October 1, 1985 and September 30, 1987, or earlier if the Secretary finished deciding ownership and transferring funds sooner, any money still sitting in escrow because it had not yet been moved to a trust account could be spent, with the Secretary's approval, for purposes allowed under section 13, if the relevant tribal governments where the accounts were kept requested it. Whatever money was still unspent in these escrow accounts as of September 30, 1987, went into the Treasury's miscellaneous receipts.
the actual law source: uscode.house.gov ↗public domain

Except in the case of funds held in trust for Indian tribes or individuals, the funds available for expenditure under the “Indian moneys, proceeds of labor” accounts authorized by section 155 of this title may be expended until September 30, 1982 for any purpose for which funds are appropriated under the subheading “Operation of Indian Programs”.

No funds shall be deposited in such “Indian money, proceeds of labor” (IMPL) accounts after September 30, 1982. The unobligated balance in IMPL accounts as of the close of business on September 30, 1982, including the income resulting from the investment of funds from such accounts prior to such date, shall be transferred to and held in escrow accounts at the locations of the IMPL accounts from which they are transferred. Funds in such escrow accounts may be invested as provided in section 162a of this title and the investment income added to such accounts. The Secretary shall determine no later than September 30, 1985 (after consultation with appropriate tribes and individual Indians) the extent to which the funds held in such escrow accounts represent income from the investment of special deposits relating to specific tribes or individual Indians. Upon such a determination by the Secretary and express acceptance of the determination by the beneficiary, the Secretary shall transfer such funds to trust accounts for such tribes or individual Indians. Not more than ten percent of the funds transferred to trust accounts for any tribe or individual Indian under this provision may be utilized to pay for legal or other representation relating to claims for such funds. Not to exceed two percent of the funds transferred from the IMPL accounts shall be available to reimburse the Bureau of Indian Affairs for administrative expenses incurred in determining ownership of the funds. Acceptance of a determination by the Secretary and the transfer of funds under this provision shall constitute a complete release and waiver of any and all claims by the beneficiary against the United States relating to the unobligated balance of IMPL accounts as of the close of business on September 30, 1982. During the period of October 1, 1985 through September 30, 1987, or earlier if a Secretarial determination on ownership and appropriate fund transfers has been completed, the funds remaining in such escrow accounts because they have not been transferred to trust accounts, may be expended subject to the approval of the Secretary for any purpose authorized under section 13 of this title and requested by the respective governing bodies of the tribes at the locations where such accounts are maintained. The unobligated balances of such escrow accounts as of the close of business on September 30, 1987, shall be deposited into miscellaneous receipts of the Treasury.

Source credit: (Pub. L. 97–100, title I, § 100, Dec. 23, 1981, 95 Stat. 1400; Pub. L. 97–257, title I, § 100, Sept. 10, 1982, 96 Stat. 839.)

history & why it existsrecord from the source credit
  • 1981Enacted · Pub. L. 97-100 · 95 Stat. 1400
  • 1982Amended · Pub. L. 97-257 · 96 Stat. 839

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-100 on 1981-12-23.

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