25 U.S.C. § 2301: Definitions

Summary

Defines three important words used in the chapter. Secretary is the Secretary of the Interior. Unauthorized disbursement is a payment taken from a deceased Indian’s trust estate that the Secretary paid to a State to repay old-age or welfare assistance given before death in violation of federal rules; it also covers reimbursements listed in the Federal Register on April 17, 1985 (50 FR 15290), as modified November 13, 1985 (50 FR 46835), or March 31, 1983 (48 FR 13698), as modified November 7, 1983 (48 FR 51204). Trust estate is the part of the person’s estate made up of land or other property that the United States holds for the Indian or that cannot be sold without the Secretary’s permission.

Title 25, §2301

Indians, Source: USLM XML via OLRC

For purposes of this chapter, the term—

(1)“Secretary” means the Secretary of the Interior;

(2)“unauthorized disbursement” means a disbursement made from the trust estate of a deceased Indian which was made by the Secretary to a State or a political subdivision of a State for the purpose of reimbursing the State or political subdivision for any old age assistance made to the deceased Indian before death in violation of Federal laws governing Indian trust property: Provided, That, except for purposes of section 2303 of this title, the term also includes the reimbursements for welfare payments identified in either the list published on April 17, 1985, at page 15290 of volume 50 of the Federal Register, as modified or amended on November 13, 1985, at page 46835 of volume 50 of the Federal Register, or the list published on March 31, 1983, at page 13698 of volume 48 of the Federal Register, as modified or amended on November 7, 1983, at page 51204 of volume 48 of the Federal Register; and

(3)“trust estate” means that portion of the estate that consists of real or personal property, title to which is held by the United States for the benefit of the Indian or which may not be alienated without the consent of the Secretary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Par. (2). Pub. L. 100–153 inserted proviso that “unauthorized disbursement” includes specifically identified reimbursements for welfare payments.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 98–500, § 1, Oct. 19, 1984, 98 Stat. 2317, provided: “That this Act [enacting this chapter] may be cited as the ‘Old Age Assistance Claims Settlement Act’.”

§2301 Definitions