§13d — Title 25 Indians | U.S. Code

Summary

After September 30, 1985, money given to the Bureau of Indian Affairs (but not trust funds) must not be used, directly or by contract, to pay general welfare benefits. Child welfare payments are allowed. The Bureau cannot pay for nonessential needs when the person could reasonably pay for them with their own money or income (including trust funds) that are not legally excluded from counting for federal aid, as defined by the Secretary or by State welfare rules under the Social Security Act (42 U.S.C. 301 et seq.). The Bureau also must not pay people who can get state public welfare, unless the Secretary of the Interior decides payments are required under sections 6(b)(2), 6(i), and 9(b) of the Maine Indian Claims Settlement Act of 1980 (94 Stat. 1793, 1794, 1796; 25 U.S.C. 1725(b)(2), 1725(i), 1728(b)).

Title 25, §13d

Indians — Source: USLM XML via OLRC

After September 30, 1985, no part of any appropriation (except trust funds) to the Bureau of Indian Affairs may be used directly or by contract for general or other welfare assistance (except child welfare assistance) payments (1) for other than essential needs (specifically identified in regulations of the Secretary or in regulations of the State public welfare agency pursuant to the Social Security Act [42 U.S.C. 301 et seq.] adopted by reference in the Secretary’s regulations) which could not be reasonably expected to be met from financial resources or income (including funds held in trust) available to the recipient individual which are not exempted under law from consideration in determining eligibility for or the amount of Federal financial assistance or (2) for individuals who are eligible for general public welfare assistance available from a State except to the extent the Secretary of the Interior determines that such payments are required under section 6(b)(2), 6(i), and 9(b) of the Maine Indian Claims Settlement Act of 1980 (94 Stat. 1793, 1794, 1796; 25 U.S.C. 1725(b)(2), 1725(i), 1728(b)).11 See References in Text note below.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 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. section 6(b)(2), 6(i), and 9(b) of the Maine Indian Claims Settlement Act of 1980, referred to in text, are section 6(b)(2), (i) and 9(b) of Pub. L. 96–420, which were classified to section 1725(b)(2), (i) and 1728(b) of this title prior to omission from the Code as being of special and not general application.

§13d Limits on Use of Appropriated Funds by Bureau for General or Other Welfare Assistance

Summary

Title 25, §13d

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata