§1405 — Title 25 Indians | U.S. Code

Summary

The Secretary must start using or distributing the judgment funds after a 60-day review period from the day the plan is sent to Congress. The 60 days do not count days when either the House or the Senate is on a planned break longer than three days. The plan will not take effect if Congress passes a joint resolution rejecting it during that 60-day window. If Congress rejects the plan, the Secretary has 30 calendar days to send back a bill and a report that would allow the funds to be used. The Secretary may withdraw or change a plan before it is rejected. Changes that change how the award is split between beneficiaries need those beneficiaries’ consent under section 1402(d). If a plan is withdrawn, the Secretary can resubmit another plan any time before the original one-year deadline. Each new submission starts a new 60-day review unless a disapproval resolution is passed. When the first disapproval resolution is introduced in either the House or the Senate, the 60-day clock restarts from that introduction and cannot be extended again.

Title 25, §1405

Indians — Source: USLM XML via OLRC

(a)The plan prepared by the Secretary shall become effective, and he shall take immediate action to implement the plan for the use or distribution of such judgment funds, at the end of the sixty-day period (excluding days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) beginning on the day such plan is submitted to the Congress, unless during such sixty-day period a joint resolution is enacted disapproving such plans.

(b)Within thirty calendar days after the date of enactment of a joint resolution disapproving a plan, the Secretary shall submit to the Congress proposed legislation, together with a report thereon, authorizing use or distribution of such funds.

(c)Within the sixty-day period and before the adoption of any resolution disapproving a plan, the Secretary may withdraw or amend such plan: Provided, That any amendments affecting the division of an award between two or more beneficiary entities shall be subject to the consent of these entities as provided in section 1402(d) of this title. Any such amended plan shall become valid at the end of a sixty-day period beginning on the day such amendment is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan as amended.

(d)Once a plan is withdrawn before the end of a sixty-day period, the Secretary has until the expiration of the original one-year deadline to resubmit a plan to Congress. Such a plan shall become valid at the end of a sixty-day period beginning on the day such new plan is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan.

(e)Upon the introduction of the first such resolution of disapproval in either the House of Representatives or the Senate, the sixty-day period shall be recomputed from the date of such introduction and shall not again be extended.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—Subsec. (a). Pub. L. 97–458, § 3(a), substituted “unless during such sixty-day period a joint resolution is enacted” for “unless during such sixty-day period either House adopts a resolution disapproving such plans”. Subsec. (b). Pub. L. 97–458, § 3(b), substituted “date of enactment of a joint resolution disapproving a plan” for “date of adoption of a resolution disapproving a plan”. Subsecs. (c) to (e). Pub. L. 97–458, § 3(c), added subsecs. (c) to (e).

§1405 Effective date of plan; joint resolution of disapproval

Summary

Title 25, §1405

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata