
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1403]

 
                            TITLE 25--INDIANS
 
               CHAPTER 16--DISTRIBUTION OF JUDGMENT FUNDS
 
Sec. 1403. Preparation of plan


(a) Prerequisites for final preparation

    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--
        (1) 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
        (2) 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.

(b) Guidelines

    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--
        (1) 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;
        (2) 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;
        (3) 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; \1\ Provided, 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\
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    \1\ So in original. The semicolon probably should be a colon.
    \2\ So in original. The period probably should be a semicolon.
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        (4) 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;
        (5) 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
        (6) methods exist and will be employed to insure the proper 
    performance of the plan once it becomes effective under section 1405 
    of this title.

(Pub. L. 93-134, Sec. 3, Oct. 19, 1973, 87 Stat. 467; Pub. L. 97-458, 
Sec. 2, Jan. 12, 1983, 96 Stat. 2512.)


                               Amendments

    1983--Subsec. (b)(3). Pub. L. 97-458, Sec. 2(a), inserted proviso.
    Subsec. (b)(5). Pub. L. 97-458, Sec. 2(b), inserted proviso.


  Disbursements for Urgent Needs of Minors and Legal Incompetents and 
                       Accounting for Expenditures

    Section 2(a) of Pub. L. 97-458 provided in part that plan or plans 
approved by the Secretary and the tribal governing body of an Indian 
tribe for disbursements to parents or legal guardian of minors or legal 
incompetents for health, education, welfare, or emergencies of their 
charges ``shall be limited to urgent needs arising from extenuating 
circumstances and shall accord with general principles governing 
administration of trust funds of minors and legal incompetents, 
including a requirement for strict accounting for expenditures.''

                  Section Referred to in Other Sections

    This section is referred to in section 1404 of this title.
