U.S. Code » Title 25 » Chapter CHAPTER 16— DISTRIBUTION OF JUDGMENT FUNDS

25 U.S.C. § 1401

Funds appropriated in satisfaction of judgments of Indian Claims Commission or United States Court of Federal Claims

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 25 CasesGoogle Scholar
(a) Use and distribution

Notwithstanding any other law, all use or distribution of funds appropriated in satisfaction of a judgment of the Indian Claims Commission or the United States Court of Federal Claims in favor of any Indian tribe, band, group, pueblo, or community (hereinafter referred to as “Indian tribe”), together with any investment income earned thereon, after payment of attorney fees and litigation expenses, shall be made pursuant to the provisions of this chapter.

(b) Amounts remaining to be held in trust unless otherwise provided

Except as provided in sections 164 and 165 of this title, amounts which the Secretary of the Interior has remaining after execution of either a plan under this chapter, or another Act enacted heretofore or hereafter providing for the use or distribution of amounts awarded in satisfaction of a judgment in favor of an Indian tribe or tribes, together with any investment income earned thereon and after payment of attorney fees and litigation expenses, shall be held in trust by the Secretary for the tribe or tribes involved if the plan or Act does not otherwise provide for the use of such amounts.

(c) Short title

This chapter may be cited as the “Indian Tribal Judgment Funds Use or Distribution Act”.

(Pub. L. 93–134, § 1, Oct. 19, 1973, 87 Stat. 466; Pub. L. 97–164, title I, § 160(a)(1), Apr. 2, 1982, 96 Stat. 48; Pub. L. 100–153, § 4, Nov. 5, 1987, 101 Stat. 886; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)Editorial NotesReferences in Text

The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title.

Amendments

1992—Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1987—Subsec. (a). Pub. L. 100–153, § 4(1), (2), designated existing provision as subsec. (a) and substituted “any investment income” for “any interest”.

Subsecs. (b), (c). Pub. L. 100–153, § 4(3), added subsecs. (b) and (c).

1982—Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Short Title of 2014 Amendment

Pub. L. 113–290, § 1, Dec. 19, 2014, 128 Stat. 3291, provided that: “This Act [amending section 1407 of this title] may be cited as the ‘Grand Portage Band Per Capita Adjustment Act’.”

Notes of Decisions
Cited in 16 cases, 1977–2020 · leading case: Wolfchild v. United States, 101 Fed. Cl. 54 (Fed. Cl. 2011).
Sort: Relevance Newest Treatment
Wolfchild v. United States, 101 Fed. Cl. 54 (Fed. Cl. 2011). · cites it 6× “At that point, the court requested that the parties submit supplemental briefs addressing the following three questions: 1) Does Chapter 16 of Title 25 of the United States Code, 25 U.S.C. §§ 1401 - *78 08, apply to a money judgment that is entered and subject to payment under…”
Peter v. NantKwest, Inc., 140 S. Ct. 365 (2019). “§ 1786 (p) (permitting courts to "allow to any such party such reasonable expenses and attorneys' fees as it deems just and proper"); 25 U.S.C. § 1401 (a) (allowing distribution of funds after payment of "attorney fees and litigation expenses"); 26 U.”
Nantkwest, Inc. v. Matal, 860 F.3d 1352 (Fed. Cir. 2017). · cites it 2× “§ 5005 (b)(2)(B) (providing that, in absence of breach of warranty, amount of indem- nity shall be sum of “interest and expenses (including costs and reasonable attorney’s fees and other expenses of representation)”); 25 U.S.C. § 1401 (a) (discussing “pay- ment of attorney fees…”
Nantkwest, Inc. v. Iancu, 898 F.3d 1177 (Fed. Cir. 2018). “"); 25 U.S.C. § 1401 (a) (discussing "payment of attorney fees and litigation expenses"); 26 U.”
Short v. United States, 228 Ct. Cl. 535 (Ct. Cl. 1981). “The government asserts that the substituted Yurok Tribe could continue to prosecute this suit to a quick conclusion and that the money judgment in favor of the Tribe would be distributed, pursuant to the Indian Judgment Funds Distribution Act, 25 U.S.C. §§ 1401 , et seq.,…”
Evans v. United States, 107 Fed. Cl. 442 (Fed. Cl. 2012). · cites it 7× “6 See 25 U.S.C. § 1401 . Pursuant to the Indian Tribal Fund Use or Distribution Act, the Secretary of the Interi- or was instructed to prepare and submit a plan to Congress for the distribution of the funds, see 25 U.”
Cheyenne-Arapaho Tribes of Indians v. United States, 229 Ct. Cl. 434 (Ct. Cl. 1982). “Defendant’s present counsel, the fourth to represent the government in this litigation, claims that in February 1981 he learned for the first time that other inhabitants of the Hoopa Valley Reservation may possibly have an interest in the accounts underlying this litigation.”
Barrett v. United States, 561 F.3d 1140 (10th Cir. 2009). “The Indian Tribal Judgment Funds Use or Distribution Act, 25 U.S.C. § 1401 et seq. (the “Distribution Act”) governed the distribution of the judgment awards to the Tribe.”
Six Nations Confederacy v. Cecil Andrus, Sec'y of the Interior, 610 F.2d 996 (D.C. Cir. 1980). “466 , 25 U.S.C. §§ 1401 et seq. submitted to Congress a plan for the distribution of the judgment funds; not having been disapproved by either House of Congress, this plan became effective under the statute on March 4, 1977.”
Timbisha Shoshone Tribe v. Salazar, 766 F. Supp. 2d 175 (D.D.C. 2011). · cites it 2× “Under 25 U.S.C. § 1401 et seq., after money is appropriated to pay the judgment funds, the Secretary of the Interior must devise a plan for distributing the funds among the potential beneficiaries and submit that plan to Congress.”
United States v. Overlie, 730 F.2d 1159 (8th Cir. 1984). “” 25 U.S.C. § 1401 . As the Plan provided that, absent tribal debts, the per capita shares were to be paid directly to them, appellants assert that the Secretf.”
Six Nations Confederacy v. Andrus, 447 F. Supp. 40 (D.D.C. 1977). “466, 25 U.S.C. § 1401 , e£ seq., the Department of the Interior submitted a plan to Congress for the distribution of the judgment funds.”
Show all 16 citing cases →
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.