U.S. CODE

U.S. Code

§ 1300d-23. Distribution of funds to tribes

(a) In general

(1) Amount distributed

(A) In general

Subject to section 1300d–27 (e) of this title and if no action is filed in a timely manner (as determined under section 1300d–27 (d) of this title) raising any claim identified in section 1300d–27 (a) of this title, not earlier than 365 days after November 13, 1998, and not later than 415 days after November 13, 1998, the Secretary shall transfer to the Fund Account to be credited to accounts established in the Fund Account for the benefit of the applicable governing bodies under paragraph (2) an aggregate amount determined under subparagraph (B).

(B) Aggregate amount

The aggregate amount referred to in subparagraph (A) is an amount equal to the remainder of—

(i) the funds described in section 1300d–22 of this title; minus

(ii) an amount equal to 71.6005 percent of the funds described in section 1300d–22 of this title.

(2) Distribution of funds to accounts in the Fund Account

The Secretary shall ensure that the aggregate amount transferred under paragraph (1) is allocated to the accounts established in the Fund Account as follows:

(A) 28.9276 percent of that amount shall be allocated to the account established for the benefit of the tribal governing body of the Spirit Lake Tribe of North Dakota.

(B) 57.3145 percent of that amount, after payment of any applicable attorneys’ fees and expenses by the Secretary under the contract numbered A00C14202991, approved by the Secretary on August 16, 1988, shall be allocated to the account established for the benefit of the tribal governing body of the Sisseton and Wahpeton Sioux Tribe of South Dakota.

(C) 13.7579 percent of that amount shall be allocated to the account established for the benefit of the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana, as designated under subsection (c) of this section.

(b) Use

Amounts distributed under this section to accounts referred to in subsection (d) of this section for the benefit of a tribal governing body shall be distributed and used in a manner consistent with section 1300d–24 of this title.

For purposes of making distributions of funds pursuant to this part, the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes shall act as the governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation.

(d) Tribal Trust Fund Accounts

The Secretary of the Treasury, in cooperation with the Secretary of the Interior, acting through the Office of Trust Fund Management of the Department of the Interior, shall ensure that such accounts as are necessary are established in the Fund Account to provide for the distribution of funds under subsection (a)(2) of this section.

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