§5122 Offsets of Gratuities

Summary

When an Indian tribe brings a case in the United States Court of Federal Claims, the court must subtract from any money it finds the tribe is owed the amounts the U.S. government has already spent for that tribe as gifts. If the court’s job is only to report facts and conclusions to Congress in a tribe’s case, the court must say in its report how much the United States spent gratuitously for that tribe. Do not subtract spending that happened before the law, treaty, agreement, or Executive order that created the tribe’s claim. Money spent under the Act of June 18, 1934 (except amounts from appropriations made under section 5 of that Act) cannot be used as offsets against claims now pending or later filed. Tribal funds are not gifts and are not subtracted. This rule does not change the Acts giving the Court jurisdiction over the claims listed in the House hearings (page 678). Emergency relief spending after March 4, 1933 (such as farm relief, unemployment relief, public works, or work-relief programs, including civil-works) must not be counted as offsets.