U.S. Code » Title 25 » Chapter CHAPTER 4— PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS › Subchapter SUBCHAPTER III— DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

25 U.S.C. § 161b

“Indian Money, Proceeds of Labor” fund; separate accounts for respective tribes; rate of interest

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All tribal funds arising under section 155 of this title on June 13, 1930, included in the fund “Indian Money, Proceeds of Labor”, shall, on and after July 1, 1930, be carried on the books of the Treasury Department in separate accounts for the respective tribes, and all such funds with account balances exceeding $500 shall bear simple interest at the rate of 4 per centum per annum from July 1, 1930.

Notes of Decisions
Cited in 8 cases, 1975–2011 · leading case: White Mountain Apache Tribe v. United States, 20 Cl. Ct. 371 (Ct. Cl. 1990).
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White Mountain Apache Tribe v. United States, 20 Cl. Ct. 371 (Ct. Cl. 1990). · cites it 3× “584 (codified at 25 U.S.C. § 161b (1982)) (the “1930 Act”), provided that tribal IMPL funds were to bear 4-percent simple interest.”
Am. Indians Residing on the Maricopa-Ak Chin Reservation v. United States, 229 Ct. Cl. 167 (Ct. Cl. 1981). “See 25 U.S.C. § 161b (1946). United States v.”
Short v. United States, 50 F.3d 994 (Fed. Cir. 1995). · cites it 2× “Were we to accept the government’s position, that interest would be payable only on money still held in trust, the principles of Mitchell II would apply only in the narrow circumstance of refusal to disburse funds payable to Indian tribes. There is no support in that case or our…”
Cheyenne-Arapaho Tribes of Indians of Oklahoma v. United States, 206 Ct. Cl. 340 (Ct. Cl. 1975). “25 U.S.C. § 161b (1970). In one account of one of the test plaintiffs, 5% interest was paid.”
Jicarilla Apache Nation v. United States, 100 Fed. Cl. 726 (Fed. Cl. 2011). “Thus, Cheyenne-Arapaho discusses 25 U.S.C. § 161b, a statute that plaintiff does not invoke, while plaintiff invokes 25 U.”
United States v. Gila River Pima-Maricopa Indian Cmty., 218 Ct. Cl. 74 (Ct. Cl. 1978). “See 25 U.S.C. § 161b (1976). However, no statute exists requiring interest to be paid on "Individual Indian Money” (IIM) accounts nor on tribal *86 commercial bank accounts.”
Te-Moak Bands of W. Shoshone Indians of Nevada v. United States, 18 Cl. Ct. 74 (Ct. Cl. 1989). “This fund subsequently was carried on separate books of account under “Proceeds of Labor, Western Shoshones, Indians, Nevada,” in accordance with the Act of July 1, 1930, 25 U.S.C. § 161b (1982). Plaintiffs responded by filing two sets of exceptions to the GSA accounting report.”
Gila River Pima-Maricopa Indian Cmty., 219 Ct. Cl. 663 (Ct. Cl. 1979). “) The statute upon which the payment of interest is premised in this matter, 25 U.S.C. § 161b (1976), does not support any denial of interest for the period, if any, between the date of final judgment and the payment thereof.”
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