§5122 Offsets of Gratuities

Summary

The Court of Federal Claims must subtract from any money it orders paid to an Indian tribe the value of any sums the United States has freely spent for that tribe in cases already filed that have not yet been tried or decided, and in cases filed later. If the court’s job is only to send findings to Congress, it must include a note showing how much the United States has spent for the tribe. Money spent before the date of the law, treaty, agreement, or Executive order that created the claim cannot be subtracted. Money spent under the Act of June 18, 1934 (48 Stat. L. 984) [25 U.S.C. 5101 et seq.], except amounts from appropriations under section 5 of that Act [25 U.S.C. 5108], cannot be used as offsets. Tribal funds are not treated as free payments. The rule does not change the court’s jurisdiction over claims listed on page 678 of the House Appropriations subcommittee hearings (second deficiency appropriation bill, fiscal year 1935). No emergency relief spending made after March 4, 1933, for broad relief programs (agricultural relief, unemployment relief, public works, work relief, including the civil-works program) is to be counted under this rule.