25 U.S.C. § 117a
Per capita distribution of funds to tribe members
Funds which are held in trust by the Secretary of the Interior (hereinafter referred to as the “Secretary”) for an Indian tribe and which are to be distributed per capita to members of that tribe may be so distributed by either the Secretary or, at the request of the governing body of the tribe and subject to the approval of the Secretary, the tribe. Any funds so distributed shall be paid by the Secretary or the tribe directly to the members involved or, if such members are minors or have been legally determined not competent to handle their own affairs, to a parent or guardian of such members or to a trust fund for such minors or legal incompetents as determined by the governing body of the tribe.
Notes of Decisions
Cited in 3
cases, 1993–2014 · leading case: In Re Kedrowski, 284 B.R. 439 (Bankr. W.D. Wis. 2002).
In Re Kedrowski, 284 B.R. 439 (Bankr. W.D. Wis. 2002). “*450 Under 25 U.S.C. § 117a, the “funds” in question are those “which are held in trust by the Secretary of the Interior .”
In re McDonald, 519 B.R. 324 (Bankr. D. Kan. 2014). “The Scott Debtors refer to per capita funds held in trust by the Secretary of the Interior under 25 U.S.C. § 117a, which governs “[fjunds held in trust by the Secretary of the Interior .”
Short v. United States, 28 Fed. Cl. 590 (Fed. Cl. 1993). “The Secretary’s discretion is constrained by statutes including 25 U.S.C. §§ 117a and 407, and by the fiduciary relationship between the Secretary and the Indians.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.