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S. 1016 (93rd): Indian Judgment Funds Distribution Act

The text of the bill below is as of Oct 19, 1973 (Passed Congress).

466                                  PUBLIC LAW 93-134-OCT. 19, 1973                    [87   STAT.


                      SEC. 4. (a) Section 3(5) of the Library Services and Construction
  70 Stat. 293.     Act is amended by adding at the end thereof the following new sen-
  20 u s e 351a.
                    tence: "Such term also includes a research library, which, for the
                    pui'poses of this sentence, means a library which—
                            " ( A ) makes its services available to the public free of charge;
                            " ( B ) has extensive collections of books, manuscripts, and other
                         materials suitable for scholarly research which are not available
                         to the public through public libraries;
                            " ( C ) engages in the dissemination of humanistic knowledge
                         through services to readers, fellowships, educational and cultural
                         programs, publication of significant research, and other activi-
                         ties ; and
                            " ( D ) is not an integral part of an institution of higher educa-
  Effective date.      (b) The amendment made by subsection (a) shall be effective on
                    June 30,1973, and only with respect to appropriations for fiscal years
                    beginning after such date.
                       Approved October 19, 1973.

                    Public Law 93-134
October 19, 1973                                        AN A C T
    [S.1016]        To provide for the use or distribution of funds appropriated in satisfaction of
                      certain judgments of the Indian Claims Commission and tlie Court of Claims,
                      a n d for other purposes.

                       Be it enacted hy the Seriate and House of Representatives of the
  Indians.          United States of America in Congress assembled, That, notwithstand-
  Judgment funds,
distribution.       ing any other law, all use or distribution of funds appropriated in
                    satisfaction of a judgment of the Indian Claims Commission or the
                    Court of Claims in favor of any Indian tribe, band, group, pueblo, or
                    community (hereinafter referred to as "Indian tribe"), together with
                    any interest earned thereon, after payment of attorney fees and litiga-
                    tion expenses, shall be made pursuant to the provisions of this Act.
  Plan, submittal      SEC. 2. (a) Within one hundred and eighty days after the appropria-
to Congress.        tion of funds to pay a judgment of the Indian Claims Commission or
                    the Court of Claims to any Indian tribe, the Secretary of the Interior
                     (hereinafter referred to as the "Secretary") shall prepare and submit
                    to the Congress a plan for the use or distribution of such funds:
                    Provided, hoioever, That with respect to judgments for which funds
                    have been appropriated and for which legislation authorizing use or
                    distribution has not been enacted prior to enactment of this Act, the
                    one hundred and eighty-day period shall begin upon the date of enact-
                    ment of this Act. In any case where the Secretary determines that the
                    circumstances do not permit the preparation and submission of a plan
                    as provided in this Act, he shall submit, within such one hundred and
                    eighty-day period, proposed legislation as provided in section o(b).
  Extension re-        (b) An extension of the one hundred and eighty-day period, not
quest, submittal
to congressional    to exceed ninety days, may be requested by the Secretary or by the
committees.         affected Indian tribe submitting such request to the committees
                    through the Secretary, and any such request will be subject to the
                    approval of both the Senate and House of Representatives Committees
                    on Interior and Insular Affairs.
  Notification.        (c) The Secretary shall notify the affected Indian tribe on the date
                    of submission of such plan and provide it with a copy thereof.

87 STAT.] PUBLIC LAW 93-134-OCT. 19, 1973 467 SEC. 3. (a) The Secretary shall prepare a plan which shall best P r e r e q u i s i t e s to final preparation. serve the interests of all those entities and individuals entitled to receive funds of each Indian judgment. Prior to the final preparation of the plan, the Secretary shall— (1) receive and consider any resolution or communication, together with any suggested use or distribution plan, which any affected Indian tribe may wish to submit to him; and (2) hold a hearing of record, after appropriate public notice, to obtain the testimony of leaders and members of the Indian tribe which may receive any portion, or be affected by the use or distribution, of such funds, in the area in which such Indian tribe is located and at a time which shall best serve the convenience of the eligible members thereof. (b) I n preparing a plan for the use or distribution of the funds Guidelines for plan formulation. of each Indian judgment, the Secretary shall, among other things, be assured that—• (1) le^al, financial, and other expertise of the Department of the Interior has been made fully available in an advisory capacity to the Indian tribe which is entitled to such funds to assist it to develop and communicate to the Secretary pursuant to clause (1) of subsection (a) of this section its own suggested plan for the distribution and use of such funds; (2) the needs and desires of any groups or individuals who are in a minority position, but who are also entitled to receive such fimds, have been fully ascertained and considered; (3) the interests of minors and other legally incompetent per- sons who are entitled to receive any portion of such funds as are subsequently distributed to them are and will be protected and preserved; (4) any provision, including enrollment provisions, of the constitution, bylaws, rules, and procedures of such tribe which may affect the distribution or other use of such funds are in full accord with the principles of fairness and equity; (5) a significant portion of such funds shall be set aside and programed to serve common tribal needs, educational require- ments, and such other purposes as the circumstances of the affected Indian tribe may justify, except not less than 20 per centum of such funds shall be so set aside and programed unless the Secretary determines that the particular circumstances of the pertinent Indian tribe clearly warrant otherwise; and (6) methods exist and will be employed to insure the proper performance of the plan once it becomes effective under section 5 of this Act. SEC. 4. When submitting the plan as provided in section 2, the Hearing tran- s c r i p t s and tribal Secretary shall also submit to the Congress with such plan— support s t a t e - (1) copies of the transcripts of hearings held by him concerning ments, submittal the Indian judgment pursuant to clause (2) of section 3(a) and to C o n g r e s s . all other papers and documents considered by him in the prepara- tion of such plan, including any resolution, communication, or suggested use or distribution plan of the pertinent Indian tribe submitted pursuant to clause (1) of section 3(a) ; and (2) a statement of the extent to which such plan reflects the desires of the Indian tribe or individuals who are entitled to such funds, which statement shall specify the alternatives, if any, proposed by such Indian tribe or individuals in lieu of such plan, together with an indication of the degree of support among the interested parties for each such alternative.
468 PUBLIC LAW 93-135-OCT. 24, 1973 [87 STAT. Effective date. SEC. 5. (a) The plan prepared by the Secretary shall become effec- tive, and he shall take immediate action to implement the plan for the use or distribution of such judgment funds, at the end of the sixty-day period (excluding days on which either the House of Repre- sentatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) beginning on the day such plan is submitted to the Congress, unless during such sixty- day period either House adopts a resolution disapproving such plans. Proposed l e g i s - (b) Within thirty calendar days after the date of adoption of a lation, report to Congress. resolution disapproving a plan, the Secretary shall submit to the Congress proposed legislation, together with a report thereon, author- izing use or distribution of such funds. Rules and regu- SEC. 6. (a) The Secretary shall promulgate rules and regulations lations. to implement this Act no later than the end of the one hundred and eighty-day period beginning on the date of enactment of this Act. Among other things, such rules and regulations shall provide for adequate notice to all entities and persons who may receive funds under any Indian judgment of all relevant procedures pursuant to this Act concerning any such judgment. P u b l i c a t i o n in (b) No later than sixty days prior to the promulgation of such Federal Register. rules and regulations the Secretary shall publish the proposed rules and regulations in the Federal Register. Hearings. (c) No later than thirty days prior to the promulgation of such rules and regulations, the Secretary shall provide, with adequate public notice, the opportunity for hearings on the proposed rules and regu- lations, once published, to all interested parties. T a x exemption. SEC. 7. None of the funds distributed per capita or held in trust under the provisions of this Act shall be subject to Federal or State income taxes, and the per capita paj^ments shall not be considered as income or resources when determining the extent of eligibility 49 Stat. 620. lor assistance under the Social Security Act. 42 u s e 1305. Approved October 19, 1973. Public Law 93-135 October 24, 1973 AN ACT [H. R. 8619] Making appropriations for Agriculture-Environmental and Consumer Protection programs for the fiscal year ending June 30, 1974, and for other purposes. Be it enacted hy the Senate and House of Representatives of the Agriculture-En- United States of America in Congress assembled^ That the following vironmental and Consumer P r o t e c - sums are appropriated, out of any money in the Treasury not otherwise tion Appropriation appropriated, for Agriculture-Environmental and Consumer Protec- Act, 1974. tion programs for the fiscal year ending June 30, 1974, and for other purposes; namely: TITLE I—AGRICULTURAL PROGRAMS DEPARTMENT or AGRICULTURE DEPARTMENTAL MANAGEMENT O r r i C E OF T H E SECRETARY For necessary expenses of the Office of the Secretary of Agriculture, including the dissemination of agricultural information and the coordination of informational work and programs authprized by