25 U.S.C. § 1404

Hearing transcripts and tribal support statements; submission to Congress with plan

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When submitting the plan as provided in section 1402 of this title, the Secretary shall also submit to the Congress with such plan—(1) copies of the transcripts of hearings held by him concerning the Indian judgment pursuant to clause (2) of section 1403(a) of this title and all other papers and documents considered by him in the preparation of such plan, including any resolution, communication, or suggested use or distribution plan of the pertinent Indian tribe submitted pursuant to clause (1) of section 1403(a) of this title; and(2) a statement of the extent to which such plan reflects the desires of the Indian tribe or individuals who are entitled to such funds, which statement shall specify the alternatives, if any, proposed by such Indian tribe or individuals in lieu of such plan, together with an indication of the degree of support among the interested parties for each such alternative.(Pub. L. 93–134, § 4, Oct. 19, 1973, 87 Stat. 467.)

Notes of Decisions

Cited in 3 cases, 1979–2011 · 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). “” (emphasis added); see also 25 U.S.C. § 1404 (2) (requiring the Secretary to submit to Congress “a statement of the extent to which such plan reflects the desire of the Indian tribe or individuals which are entitled to such funds”) (emphasis added).”

Gold v. Confederated Tribes of the Warm Springs Indian Reservation, 478 F. Supp. 190 (D. Or. 1979). “25 U.S.C. § 1404 (2); 25 C.F.R. § 60.5 (c).”

Alves v. M/V Koorale, 7 Am. Samoa 3d 139 (2003). “District Court, then, under 25 U.S.C. § 1404 (a), the in rem court could have transferred the case to California so that the in rem and in personam claims could be heard together.”

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