§8 Untitled Section

Summary

Pay people for losing a land allotment or an interest in one. The payment is the fair market value of the land on the date it was lost under transfers listed in sections 4(a), 4(b), or 5(c), minus any money the person already got, plus interest at 5% compounded yearly from the loss date until Mar. 24, 1986, and then at the Interior funds’ normal rate after that. Money already received will not be subtracted if the seller was full- or mixed-blood and under 18, or if there is clear evidence of fraud. No payment is made for a transfer under 4(b) when the allotment came to someone through State probate and the Secretary has determined that person or their heirs were not entitled to it. The Secretary of the Interior will set standard fair market values by land type and year unless a claimant proves a different value. The Secretary must give written notice to heirs explaining the decision, the time limit for court review, and how payment will be made. Heirship may be decided using court records and Minnesota court heir determinations are accepted as final under section 5(a). Notices go to found addresses or are published in the Federal Register. Court review under the Administrative Procedure Act is allowed within 180 days in the U.S. District Court for the District of Minnesota. When a decision is final, the Secretary certifies it to the Treasury, which pays into a separate interest-bearing White Earth Settlement Fund. If an heir cannot be found within two years after the decision is final, the amount is forfeited and forfeited sums plus interest are sent yearly to the White Earth Band fund under section 12. Definitions: date of transfer for 4(b)(6) = last date any other heir transferred an interest; date of transfer for 5(c) = the selection date.