PRIA, Government Policy, Made Personal

Summary

Money left in "Indian moneys, proceeds of labor" (IMPL) accounts, except money already held in trust, could be spent for Operation of Indian Programs only until September 30, 1982. No new deposits were allowed in IMPL accounts after that date. Any unused money in those accounts at the close of business on September 30, 1982, including earnings made before that date, must be moved into escrow accounts where the original accounts were. Those escrow funds can be invested under the rules in section 162a and the earnings added back. The Secretary must decide by September 30, 1985, after talking with tribes and individuals, which escrow amounts are investment income tied to particular tribes or people. If the Secretary decides and the beneficiary accepts, the money is moved into trust accounts for that tribe or person. Up to 10% of each transfer may pay legal or claim-related representation, and up to 2% may reimburse the Bureau of Indian Affairs for admin costs. Acceptance and transfer end any claims against the United States about the IMPL money as of September 30, 1982. From October 1, 1985, through September 30, 1987 (or earlier if transfers are done), any escrow funds not moved may be spent for purposes the law allows if the tribe asks and the Secretary approves. Any unused escrow money left at the close of business on September 30, 1987, goes into the Treasury’s miscellaneous receipts.

Title 25, §155b

Indians, Source: USLM XML via OLRC

Except in the case of funds held in trust for Indian tribes or individuals, the funds available for expenditure under the “Indian moneys, proceeds of labor” accounts authorized by section 155 of this title may be expended until September 30, 1982 for any purpose for which funds are appropriated under the subheading “Operation of Indian Programs”. No funds shall be deposited in such “Indian money, proceeds of labor” (IMPL) accounts after September 30, 1982. The unobligated balance in IMPL accounts as of the close of business on September 30, 1982, including the income resulting from the investment of funds from such accounts prior to such date, shall be transferred to and held in escrow accounts at the locations of the IMPL accounts from which they are transferred. Funds in such escrow accounts may be invested as provided in section 162a of this title and the investment income added to such accounts. The Secretary shall determine no later than September 30, 1985 (after consultation with appropriate tribes and individual Indians) the extent to which the funds held in such escrow accounts represent income from the investment of special deposits relating to specific tribes or individual Indians. Upon such a determination by the Secretary and express acceptance of the determination by the beneficiary, the Secretary shall transfer such funds to trust accounts for such tribes or individual Indians. Not more than ten percent of the funds transferred to trust accounts for any tribe or individual Indian under this provision may be utilized to pay for legal or other representation relating to claims for such funds. Not to exceed two percent of the funds transferred from the IMPL accounts shall be available to reimburse the Bureau of Indian Affairs for administrative expenses incurred in determining ownership of the funds. Acceptance of a determination by the Secretary and the transfer of funds under this provision shall constitute a complete release and waiver of any and all claims by the beneficiary against the United States relating to the unobligated balance of IMPL accounts as of the close of business on September 30, 1982. During the period of October 1, 1985 through September 30, 1987, or earlier if a Secretarial determination on ownership and appropriate fund transfers has been completed, the funds remaining in such escrow accounts because they have not been transferred to trust accounts, may be expended subject to the approval of the Secretary for any purpose authorized under section 13 of this title and requested by the respective governing bodies of the tribes at the locations where such accounts are maintained. The unobligated balances of such escrow accounts as of the close of business on September 30, 1987, shall be deposited into miscellaneous receipts of the Treasury.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The purposes for which funds are appropriated under the subheading “Operation of Indian Programs”, referred to in text, are the purposes enumerated in the Department of the Interior and Related Agencies Appropriation Act, 1982, Pub. L. 97–100, title I, § 100, Dec. 23, 1981, 95 Stat. 1399.

Amendments

1982—Pub. L. 97–257 substituted “No funds shall be deposited in such ‘Indian money, proceeds of labor’ (IMPL) accounts after

September 30, 1982” for “On

September 30, 1982, the balance of such accounts (except for the funds held in trust for Indian tribes or individuals, and not to exceed $10,000,000 which shall be available until expended by eligible tribes for purposes approved by the Bureau of Indian Affairs) shall be deposited into miscellaneous receipts of the Treasury to offset outlays of the Bureau of Indian Affairs and thereafter no funds shall be deposited in such accounts other than funds held in trust for Indian tribes or individuals” and inserted provisions that the unobligated balance in IMPL accounts as of the close of business on

September 30, 1982, including the income resulting from the investment of funds from such accounts prior to such date, be transferred to and held in escrow accounts at the locations of the IMPL accounts from which they are transferred, that Funds in such escrow accounts may be invested as provided in section 162a of this title and the investment income added to such accounts, that the Secretary determine no later than

September 30, 1985 (after consultation with appropriate tribes and individual Indians) the extent to which the funds held in such escrow accounts represent income from the investment of special deposits relating to specific tribes or individual Indians, that upon such a determination by the Secretary and express acceptance of the determination by the beneficiary, the Secretary transfer such funds to trust accounts for such tribes or individual Indians, that not more than ten percent of the funds transferred to trust accounts for any tribe or individual Indian under this provision be utilized to pay for legal or other representation relating to claims for such funds, that not to exceed two percent of the funds transferred from the IMPL accounts be available to reimburse the Bureau of Indian Affairs for administrative expenses incurred in determining ownership of the funds, that acceptance of a determination by the Secretary and the transfer of funds under this provision constitute a complete release and waiver of any and all claims by the beneficiary against the United States relating to the unobligated balance of IMPL accounts as of the close of business on

September 30, 1982, that during the period of

October 1, 1985 through

September 30, 1987, or earlier if determination on ownership and appropriate fund transfers has been completed, the funds remaining in such escrow accounts may be expended subject to the approval of the Secretary under section 13 of this title and requested by the respective governing bodies of the tribes, and that the unobligated balances of escrow accounts as of the close of business on

September 30, 1987, be deposited into miscellaneous receipts of the Treasury.

§155b Proceeds of Labor Accounts; Deposits Limited to Funds Held in Trust for Indian Tribes or Individuals