§5122 Offsets of gratuities

Summary

The United States Court of Federal Claims must subtract from any money it orders paid to an Indian tribe or band any amounts the United States already paid the tribe for free. This rule applies to suits by tribes now pending that have not been tried or submitted, and to suits filed later. If the court’s job is only to send its findings and conclusions to Congress, the court must include how much the United States has spent for the tribe without charge. Money spent before the date of the law, treaty, agreement, or Executive order that created the tribe’s claim cannot be subtracted. Most spending under the Act of June 18, 1934 is not taken as an offset, except spending from appropriations made under section 5 of that Act. Money taken from tribal funds is not a gratuitous payment. Emergency relief spending made after March 4, 1933 for agricultural or unemployment relief, public works, or work relief (including the civil-works program) is not considered. This does not change the court’s jurisdiction over the claims listed on page 678 of the House Appropriations subcommittee hearings on the second deficiency appropriation bill for fiscal year 1935.