Title 25 — IndiansRelease 119-73
§2302 Payment of claims
Title 25 › Chapter CHAPTER 25— - OLD AGE ASSISTANCE CLAIMS SETTLEMENT › § 2302
Summary
The Secretary must figure out any unauthorized amount taken from a deceased Indian’s trust estate and pay that money to the person owed, with simple interest at 5% per year starting on the date the money was taken. No payment is made if the estate’s total unauthorized withdrawals are under $50 or if the payment (before interest) would be under $10.
Full Legal Text
Title 25, §2302
Indians — Source: USLM XML via OLRC
(a)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)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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) 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.”
Reference
Citations & Metadata
Citation
25 U.S.C. § 2302
Title 25 — Indians
Last Updated
Apr 6, 2026
Release point: 119-73