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

25 U.S.C. § 1403

Preparation of plan

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(a) Prerequisites for final preparationThe 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) GuidelinesIn 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; 11 So in original. The semicolon probably should be a colon. 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.22 So in original. The period probably should be a semicolon.(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, § 3, Oct. 19, 1973, 87 Stat. 467; Pub. L. 97–458, § 2, Jan. 12, 1983, 96 Stat. 2512.)Editorial NotesAmendments

1983—Subsec. (b)(3). Pub. L. 97–458, § 2(a), inserted proviso.

Subsec. (b)(5). Pub. L. 97–458, § 2(b), inserted proviso.

Statutory Notes and Related SubsidiariesDisbursements for Urgent Needs of Minors and Legal Incompetents and Accounting for Expenditures

Pub. L. 97–458, § 2(a), Jan. 12, 1983, 96 Stat. 2512, 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.”

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1979–2022 · leading case: Wolfchild v. United States, 101 Fed. Cl. 54 (Fed. Cl. 2011).
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Wolfchild v. United States, 101 Fed. Cl. 54 (Fed. Cl. 2011). · cites it 7× “Those words were struck from the bill, and 25 U.S.C. § 1403 (a)(2) instead requires the Secretary to hold a public hearing “to obtain the testimony of leaders and members of the Indian tribe which may receive any portion, or be affected by the use of distribution, of such funds.”
Gold v. Confederated Tribes of the Warm Springs Indian Reservation, 478 F. Supp. 190 (D. Or. 1979). · cites it 9× “” 25 U.S.C. § 1403 (a). A regulation requires the Secretary to determine who shall share in a judgment.”
United States v. Mary Dann & Carrie Dann, 706 F.2d 919 (9th Cir. 1983). · cites it 2× “We conclude that “payment” has not occurred within the meaning of section 70u(a) until Congress has taken its final look at the award and has either permitted a plan of distribution to become effective pursuant to 25 U.S.C. § 1403 or has legislated one. One reason for so…”
Sheldon Peters Wolfchild v. United States 03-2684l &, 108 Fed. Cl. 578 (Fed. Cl. 2013). “§ 1402, the Secretary [of the Interior] shall complete preparation of [a] roll and [distribution] plan satisfying the criteria specified in 25 U.S.C. § 1403 within one year from the date of this decision and judgment.”
Rogers v. United States, 877 F.2d 1550 (Fed. Cir. 1989). “The appellants argue that the Secretary did not comply with his obligation under 25 U.S.C. § 1403 and 25 C.F. R. § 41.7 to consult with tribal leaders with regard to all aspects of a distribution plan.”
Evans v. United States, 107 Fed. Cl. 442 (Fed. Cl. 2012). “§ 1402 (a), 7 taking into account the needs and desires of relevant Indian tribes, see 25 U.S.C. § 1403 (b), and to *457 hold any remaining funds in trust, see 25 U.”
United States v. Overlie, 730 F.2d 1159 (8th Cir. 1984). “25 U.S.C. § 1403 . See 47 Fed.Reg. 30297 (1982).”
Cavazos v. Bernhardt (D.D.C. 2022). “The 1973 Indian Judgment Funds Distribution Act, codified at 25 U.S.C. § 1403 , provided non-reservation Tribal descendants an opportunity to lobby the federal government for assistance in Tribal recognition and membership.”
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