25 U.S.C. § 2302

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

Section 2302 - Payment of claims

(a) Authority of Secretary

The Secretary is authorized and directed to determine the portion of any unauthorized disbursement to which any individual under this chapter is entitled, and to pay to such individual the amount which the Secretary determines such individual to be entitled. Any payment under this provision shall include interest at a rate of 5 per centum per annum, simple interest, from the date on which such disbursement was made from the trust estate of the deceased Indian.

(b) Minimum amount for payment

No payment shall be made to a person under subsection (a) with respect to any unauthorized disbursement from the trust estate of a deceased Indian if-

(1) the total amount of unauthorized disbursements from such trust estate was less than $50; or

(2) the payment (not including interest) would be less than $10.

25 U.S.C. § 2302

Pub. L. 98-500, §3, Oct. 19, 1984, 98 Stat. 2317; Pub. L. 100-581, title II, §201, Nov. 1, 1988, 102 Stat. 2939.

EDITORIAL NOTES

AMENDMENTS1988-Subsec. (b). Pub. L. 100-581 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "No payment shall be made under subsection (a) with respect to any unauthorized disbursement from the trust estate of a deceased Indian if the total amount of unauthorized disbursement from such trust estate was less than $50."

Secretary: "Secretary" means the Secretary of the Interior;
trust estate: "trust estate" means that portion of the estate that consists of real or personal property, title to which is held by the United States for the benefit of the Indian or which may not be alienated without the consent of the Secretary.