Public Law 93 – 134

P.L. 93 – 134, Approved October 19, 1973 (87 Stat. 466)
Indian Tribal Judgment Funds Use or Distribution Act

Be it enacted by the Sen­ate and House of Representatives of the United States of Amer­ica in Con­gress assem­bled, [25 U.S.C. 1401] (a) That, 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 Claims Court[1] 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 Act.

(b) Except as provided in the Act of September 22, 1961 (75 Stat. 584), amounts which the Secretary of the Interior has remaining after execution of either a plan under this Act, 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.

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

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Sec. 7. [25 U.S.C. 1407] None of the funds which—

(1) are dis­trib­uted per capita or held in trust pur­suant to a plan approved under the pro­vi­sions of this Act, or

(2) on the date of enact­ment of this Act, are to be dis­trib­uted per capita or are held in trust pur­suant to a plan approved by the Con­gress prior to the date of enact­ment of this Act,

(3) were dis­trib­uted pur­suant to a plan approved by Con­gress after Decem­ber 31, 1981 but prior to the date of enact­ment of this Act, and any pur­chases made with such funds, or

(4) are paid by the State of Min­nesota to the Bois Forte Band of Chippewa Indi­ans pur­suant to the agree­ments of such Band to vol­un­tar­ily restrict tribal rights to hunt and fish in ter­ri­tory cede under the Treaty of Sep­tem­ber 30, 1854 (10 Stat. 1109), includ­ing all inter­est accrued on such funds dur­ing any period in which such funds are held in a minor’s trust,

includ­ing all inter­est and invest­ment income accrued thereon while such funds are so held in trust, shall be sub­ject to Fed­eral or State income taxes, nor shall such funds nor their avail­abil­ity be con­sid­ered as income or resources nor oth­er­wise uti­lized as the basis for deny­ing or reduc­ing the finan­cial assis­tance or other ben­e­fits to which such house­hold or mem­ber would oth­er­wise be enti­tled under the Social Secu­rity Act or, except for per capita shares in excess of $2,000, any Fed­eral or fed­er­ally assisted program.

Sec. 8. [25 U.S.C. 1408] Interests of indi­vid­ual Indi­ans in trust or restricted lands shall not be con­sid­ered a resource, and up to $2,000 per year of income received by indi­vid­ual Indi­ans that is derived from such inter­ests shall not be con­sid­ered income, in deter­min­ing eli­gi­bil­ity for assis­tance under the Social Secu­rity Act or any other Fed­eral or fed­er­ally assisted program.

[Inter­nal References. — SSAct §§2(a), 1002(a), 1402(a), 1602(a)(State) 1612(b) and 1613(a) have foot­notes refer­ring to Appen­dix K (this Vol­ume) which pro­vides a list of Fed­eral law pro­vi­sions, includ­ing P.L. 93 – 134, §§7 and 8, relat­ing to income and resources. P.L. 98 – 64, §2(a), (this vol­ume) cites the Act of Octo­ber 19, 1973.]