25 U.S.C. § 1405

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1405 - Effective date of plan; joint resolution of disapproval

(a) Original plan

The plan prepared by the Secretary shall become effective, 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 Representatives 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 a joint resolution is enacted disapproving such plans.

(b) Proposed legislation and report to Congress following Congressional disapproval

Within thirty calendar days after the date of enactment of a joint resolution disapproving a plan, the Secretary shall submit to the Congress proposed legislation, together with a report thereon, authorizing use or distribution of such funds.

(c) Successor plan previously withdrawn or amended prior to Congressional action; consent to amendments

Within the sixty-day period and before the adoption of any resolution disapproving a plan, the Secretary may withdraw or amend such plan: Provided, That any amendments affecting the division of an award between two or more beneficiary entities shall be subject to the consent of these entities as provided in section 1402(d) of this title. Any such amended plan shall become valid at the end of a sixty-day period beginning on the day such amendment is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan as amended.

(d) Resubmission of successor plan within prescribed period following withdrawal of plan

Once a plan is withdrawn before the end of a sixty-day period, the Secretary has until the expiration of the original one-year deadline to resubmit a plan to Congress. Such a plan shall become valid at the end of a sixty-day period beginning on the day such new plan is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan.

(e) Recomputation of sixty-day period from date of introduction of joint resolution of disapproval; reextension restriction

Upon the introduction of the first such resolution of disapproval in either the House of Representatives or the Senate, the sixty-day period shall be recomputed from the date of such introduction and shall not again be extended.

25 U.S.C. § 1405

Pub. L. 93-134, §5, Oct. 19, 1973, 87 Stat. 468; Pub. L. 97-458, §3, Jan. 12, 1983, 96 Stat. 2513.

EDITORIAL NOTES

AMENDMENTS1983-Subsec. (a). Pub. L. 97-458, §3(a), substituted "unless during such sixty-day period a joint resolution is enacted" for "unless during such sixty-day period either House adopts a resolution disapproving such plans".Subsec. (b). Pub. L. 97-458, §3(b), substituted "date of enactment of a joint resolution disapproving a plan" for "date of adoption of a resolution disapproving a plan".Subsecs. (c) to (e). Pub. L. 97-458, §3(c), added subsecs. (c) to (e).