§1405 — Title 25 Indians | U.S. Code

Summary

The Secretary must put a plan for using judgment funds into effect 60 days after sending it to Congress, not counting days when either House is out for more than three calendar days. If Congress passes a joint resolution disapproving the plan during that 60-day window, the plan does not take effect, and the Secretary has 30 calendar days to submit proposed legislation and a report to authorize the funds. During the 60-day review the Secretary may withdraw or change the plan; any change that shifts money among beneficiaries needs their consent under section 1402(d). A changed or resubmitted plan restarts the 60-day review and takes effect afterward unless disapproved. If the first disapproval resolution is filed in either House, the 60-day clock restarts from that filing and cannot be extended again; a withdrawn plan may be resubmitted up to the original one-year deadline.

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(d)Once a plan is withdrawn before the end of a sixty-day period, the Secretary has until the expiration of the original one-year deadline to resubmit a plan to Congress.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