25 U.S.C. § 2301

Definitions

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For purposes of this chapter, the term—(1) “Secretary” means the Secretary of the Interior;(2) “unauthorized disbursement” means a disbursement made from the trust estate of a deceased Indian which was made by the Secretary to a State or a political subdivision of a State for the purpose of reimbursing the State or political subdivision for any old age assistance made to the deceased Indian before death in violation of Federal laws governing Indian trust property: Provided, That, except for purposes of section 2303 of this title, the term also includes the reimbursements for welfare payments identified in either the list published on April 17, 1985, at page 15290 of volume 50 of the Federal Register, as modified or amended on November 13, 1985, at page 46835 of volume 50 of the Federal Register, or the list published on March 31, 1983, at page 13698 of volume 48 of the Federal Register, as modified or amended on November 7, 1983, at page 51204 of volume 48 of the Federal Register; and(3) “trust estate” means that portion of the estate that consists of real or personal property, title to which is held by the United States for the benefit of the Indian or which may not be alienated without the consent of the Secretary.(Pub. L. 98–500, § 2, Oct. 19, 1984, 98 Stat. 2317; Pub. L. 100–153, § 5, Nov. 5, 1987, 101 Stat. 886.)Editorial NotesAmendments

1987—Par. (2). Pub. L. 100–153 inserted proviso that “unauthorized disbursement” includes specifically identified reimbursements for welfare payments.

Statutory Notes and Related SubsidiariesShort Title

Pub. L. 98–500, § 1, Oct. 19, 1984, 98 Stat. 2317, provided: “That this Act [enacting this chapter] may be cited as the ‘Old Age Assistance Claims Settlement Act’.”

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: Brown v. Kerry Inc.

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Brown v. Kerry Inc. (2022) nysd “PROCEDURAL HISTORY The Complaint was filed on November 18, 2020, and asserts claims for (1) violations of Section 349 and 350 of the GBL; (2) negligent misrepresentation, fraud, and unjust enrichment under New York law; and (3) breach of warranty under New York law and the…”

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