Title 25, IndiansRelease 119-102

§164 Restoration to Tribal Ownership of Unclaimed Per Capita and Other Individual Payments of Tribal Trust Funds; Deposit in General Fund of the Treasury

Title 25 › CHAPTER 4 — PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS › SUBCHAPTER III — DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS › § 164

Last updated Aug 21, 2026|Official source

Summary

Unless another law says otherwise, unclaimed individual shares from tribal trust funds — including per capita and other individual payments, treaty annuities, and any interest — must be returned to tribal ownership when the payment cannot be made to the person and stays unclaimed for six years after the official order to pay, or one year after September 22, 1961, whichever is later. If the person’s tribe has no governing body recognized by the Secretary of the Interior to act for the tribe, the unpaid share and interest cannot be returned to the tribe and must be deposited in the general fund of the U.S. Treasury.

Full Legal Text

Title 25, §164

Indians, Source: USLM XML via OLRC

Unless otherwise specifically provided by law, the share of an individual member of an Indian tribe or group in a per capita or other distribution, individualization, segregation, or proration of Indian tribal or group funds held in trust by the United States, or in an annuity payment under a treaty, heretofore or hereafter authorized by law, and any interest earned on such share that is properly creditable to the individual shall be restored to tribal ownership if for any reason such share cannot be paid to the individual entitled thereto and remains unclaimed for a period of six years from the date of the administrative directive to make the payment, or one year from September 22, 1961, whichever occurs later: Provided, That if such individual is a member of an Indian tribe or group that has no governing body recognized by the Secretary of the Interior as authorized to act on behalf of the tribe or group, such unpaid share and interest shall be regarded as not capable of restoration to a tribal or group entity and shall be deposited in the general fund of the Treasury of the United States.

Reference

Citations & Metadata

Citation

25 U.S.C. § 164

Title 25, Indians

Last Updated

Aug 21, 2026

Release point: 119-102