Collapse to view only § 2304. Identification of right to payment and expedited claim payment
- § 2301. Definitions
- § 2302. Payment of claims
- § 2303. Notice
- § 2304. Identification of right to payment and expedited claim payment
- § 2305. Discharge and barring of claims
- § 2306. Authorization of appropriations
- § 2307. Treatment of funds
§ 2301. Definitions
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.)
§ 2302. Payment of claims
(a) Authority of Secretary
(b) Minimum amount for payment
No payment shall be made to a person under subsection (a) with respect to any unauthorized disbursement from the trust estate of a deceased Indian if—
(1) the total amount of unauthorized disbursements from such trust estate was less than $50; or
(2) the payment (not including interest) would be less than $10.
(Pub. L. 98–500, § 3, Oct. 19, 1984, 98 Stat. 2317; Pub. L. 100–581, title II, § 201, Nov. 1, 1988, 102 Stat. 2939.)
§ 2303. Notice
(a) Publication; list of trust estates; unauthorized disbursements; Federal Register
(b) Secretary to provide information to affected tribes, bands, or groups
(c) Submission of additional unauthorized disbursement claims
(d) Publication of additional unauthorized disbursement claims
(Pub. L. 98–500, § 4, Oct. 19, 1984, 98 Stat. 2317.)
§ 2304. Identification of right to payment and expedited claim payment
(a) Search of records
(b) Payment without filing of claim
(c) Notification
The Secretary shall use the best available means of notifying each individual who is identified in the search conducted under subsection (a) of the right of such individual to receive payment under this chapter. The means of notification available to the Secretary shall include—
(1) notice provided directly to such individual;
(2) notification of the next of kin of such individual;
(3) notification of the chairman or chief executive officer of the tribe of which such individual is a member or of which the deceased Indian was a member; and
(4) publication of notice in newspapers of general circulation in the appropriate area.
(Pub. L. 98–500, § 5, Oct. 19, 1984, 98 Stat. 2318.)
§ 2305. Discharge and barring of claims
(a) Payment and acceptance
(b) Claims filed prior to October 19, 1984
(Pub. L. 98–500, § 6, Oct. 19, 1984, 98 Stat. 2318.)
§ 2306. Authorization of appropriations
(a) There are authorized to be appropriated for the purpose of carrying out the provisions of this chapter $2,500,000 for each of the fiscal years 1986 and 1987, and such sums as may be necessary for any subsequent fiscal year. The amounts appropriated under the authority of this subsection shall remain available without fiscal year limitation for purposes of carrying out the provisions of this chapter until all claims filed under this chapter have been resolved.
(b) Funds necessary to pay the expenses of administering this chapter shall be appropriated and expended under the authority of section 13 of this title.
(Pub. L. 98–500, § 7, Oct. 19, 1984, 98 Stat. 2318.)
§ 2307. Treatment of funds
Funds distributed under the provisions of this chapter shall not 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 [42 U.S.C. 301 et seq.] or, except for per capita shares in excess of $2,000, any Federal or federally assisted program.
(Pub. L. 98–500, § 8, Oct. 19, 1984, 98 Stat. 2319.)