US (United States) Code. Title 25. Chapter 25: Old age assistance claims settlement

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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25 USC CHAPTER 25 - OLD AGE ASSISTANCE CLAIMS SETTLEMENT 01/06/03

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TITLE 25 - INDIANS

CHAPTER 25 - OLD AGE ASSISTANCE CLAIMS SETTLEMENT

-HEAD-

CHAPTER 25 - OLD AGE ASSISTANCE CLAIMS SETTLEMENT

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Sec.

2301. Definitions.

2302. Payment of claims.

(a) Authority of Secretary.

(b) Minimum amount for payment.

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.

2304. Identification of right to payment and expedited claim

payment.

(a) Search of records.

(b) Payment without filing of claim.

(c) Notification.

2305. Discharge and barring of claims.

(a) Payment and acceptance.

(b) Claims filed prior to October 19, 1984.

2306. Authorization of appropriations.

2307. Treatment of funds.

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25 USC Sec. 2301 01/06/03

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TITLE 25 - INDIANS

CHAPTER 25 - OLD AGE ASSISTANCE CLAIMS SETTLEMENT

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Sec. 2301. Definitions

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-500, Sec. 2, Oct. 19, 1984, 98 Stat. 2317; Pub. L.

100-153, Sec. 5, Nov. 5, 1987, 101 Stat. 886.)

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AMENDMENTS

1987 - Par. (2). Pub. L. 100-153 inserted proviso that

"unauthorized disbursement" includes specifically identified

reimbursements for welfare payments.

SHORT TITLE

Section 1 of Pub. L. 98-500 provided: "That this Act [enacting

this chapter] may be cited as the 'Old Age Assistance Claims

Settlement Act'."

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25 USC Sec. 2302 01/06/03

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TITLE 25 - INDIANS

CHAPTER 25 - OLD AGE ASSISTANCE CLAIMS SETTLEMENT

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Sec. 2302. Payment of claims

-STATUTE-

(a) Authority of Secretary

The Secretary is authorized and directed to determine the portion

of any unauthorized disbursement to which any individual under this

chapter is entitled, and to pay to such individual the amount which

the Secretary determines such individual to be entitled. Any

payment under this provision shall include interest at a rate of 5

per centum per annum, simple interest, from the date on which such

disbursement was made from the trust estate of the deceased Indian.

(b) Minimum amount for payment

No payment shall be made to a person under subsection (a) of this

section 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.

-SOURCE-

(Pub. L. 98-500, Sec. 3, Oct. 19, 1984, 98 Stat. 2317; Pub. L.

100-581, title II, Sec. 201, Nov. 1, 1988, 102 Stat. 2939.)

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AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-581 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "No

payment shall be made under subsection (a) of this section with

respect to any unauthorized disbursement from the trust estate of a

deceased Indian if the total amount of unauthorized disbursement

from such trust estate was less than $50."

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2304 of this title.

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25 USC Sec. 2303 01/06/03

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TITLE 25 - INDIANS

CHAPTER 25 - OLD AGE ASSISTANCE CLAIMS SETTLEMENT

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Sec. 2303. Notice

-STATUTE-

(a) Publication; list of trust estates; unauthorized disbursements;

Federal Register

Within one hundred and eighty days after October 19, 1984, the

Secretary shall publish in the Federal Register a list of all trust

estates from which unauthorized disbursements are known to have

been made, including the amount of the unauthorized disbursement

made from each such trust estate.

(b) Secretary to provide information to affected tribes, bands, or

groups

Within thirty days after the publication of this list, the

Secretary shall provide a copy of this chapter and a copy of the

Federal Register containing this list, or such parts as may be

pertinent, to each Indian tribe, band, or group the rights of whose

members may be affected by this chapter.

(c) Submission of additional unauthorized disbursement claims

Any tribe, band or group of Indians, or any individual Indian

shall have one hundred and eighty days after the date of the

publication in the Federal Register of the list provided for in

subsection (b) of this section to submit to the Secretary any

additional unauthorized disbursement claims not contained on the

list.

(d) Publication of additional unauthorized disbursement claims

Not more than thirty days after the expiration of the one hundred

and eighty day period provided for in subsection (c) of this

section, the Secretary shall publish in the Federal Register a list

containing the additional unauthorized disbursement claims

submitted during such period.

-SOURCE-

(Pub. L. 98-500, Sec. 4, Oct. 19, 1984, 98 Stat. 2317.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2301 of this title.

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25 USC Sec. 2304 01/06/03

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TITLE 25 - INDIANS

CHAPTER 25 - OLD AGE ASSISTANCE CLAIMS SETTLEMENT

-HEAD-

Sec. 2304. Identification of right to payment and expedited claim

payment

-STATUTE-

(a) Search of records

The Secretary shall conduct a search of the records of the

Department of the Interior to identify individuals who are entitled

to any portion of the unauthorized disbursements which were made

and to ascertain the amount of such unauthorized disbursements to

which each of such individuals is entitled.

(b) Payment without filing of claim

In any case in which the Secretary ascertains the name and

location of any individual who is entitled to any portion of an

unauthorized disbursement and determines the amount of such

unauthorized disbursement to which such individual is entitled, the

Secretary shall pay such amount, including interest thereon as

provided in section 2302 of this title, to such individual

immediately without requiring such individual to file a formal

claim for payment.

(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 this section 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.

-SOURCE-

(Pub. L. 98-500, Sec. 5, Oct. 19, 1984, 98 Stat. 2318.)

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25 USC Sec. 2305 01/06/03

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TITLE 25 - INDIANS

CHAPTER 25 - OLD AGE ASSISTANCE CLAIMS SETTLEMENT

-HEAD-

Sec. 2305. Discharge and barring of claims

-STATUTE-

(a) Payment and acceptance

The payment and acceptance of any claim, after its determination

in accordance with this chapter, shall be a full discharge to the

United States or any State or political subdivision thereof of all

claims and demands touching any of the matters involved in the

controversy.

(b) Claims filed prior to October 19, 1984

The provisions of this chapter shall not affect claims arising

from any unauthorized disbursement which were filed in any court of

competent jurisdiction prior to October 19, 1984.

-SOURCE-

(Pub. L. 98-500, Sec. 6, Oct. 19, 1984, 98 Stat. 2318.)

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25 USC Sec. 2306 01/06/03

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TITLE 25 - INDIANS

CHAPTER 25 - OLD AGE ASSISTANCE CLAIMS SETTLEMENT

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Sec. 2306. Authorization of appropriations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-500, Sec. 7, Oct. 19, 1984, 98 Stat. 2318.)

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25 USC Sec. 2307 01/06/03

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TITLE 25 - INDIANS

CHAPTER 25 - OLD AGE ASSISTANCE CLAIMS SETTLEMENT

-HEAD-

Sec. 2307. Treatment of funds

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-500, Sec. 8, Oct. 19, 1984, 98 Stat. 2319.)

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REFERENCES IN TEXT

The Social Security Act, referred to in text, is act Aug. 14,

1935, ch. 531, 49 Stat. 620, as amended, which is classified

generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see section 1305 of Title 42 and Tables.

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