Page:United States Statutes at Large Volume 98 Part 2.djvu/1157

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-500—OCT. 19, 1984

98 STAT. 2317

Public Law 98-500 98th Congress An Act To compensate heirs of deceased Indians for improper payments from trust estates to States or political subdivisions thereof as reimbursements for old age assistance received by decedents during their lifetime.

Oct. 19, 1984 [S. 1151]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Old Age Assistance be cited as the "Old Age Assistance Claims Settlement Act". Claims DEFINITIONS

SEC. 2. For purposes of this Act, the term— (1) "Secretary" means the Secretary of the Interior; (2) "unauthorized disbursement" means a disbursement made from the trust estate of a deceased Indian which was made by the Secretary to a State or a political subdivision of a State for the purpose of reimbursing the State or political subdivision for any old age assistance made to the deceased Indian before death in violation of Federal laws governing Indian trust property; and (3) "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.

Settlement Act. Indians. 25 USC 2301 note. 25 USC 2301.


SEC. 3. (a) The Secretary is authorized and directed to determine the portion of any unauthorized disbursement to which any individual under this Act 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) 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.

25 USC 2302.


SEC. 4. (a) Within one hundred and eighty days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a list of all trust estates from which unauthorized disbursements are known to have been made, including the amount of the unauthorized disbursement made from each such trust estate. (b) Within thirty days after the publication of this list, the Secretary shall provide a copy of this Act and a copy of the Federal Register containing this list, or such parts as may be pertinent, to

Federal Register, publication. 25 USC 2303.