"(b) If the Secretary determines that an appropriate plan cannot be submitted to the Congress within the period specified in subsection (a) of this section, the Secretary shall submit to the Congress a schedule specifying a date by when such plan will be submitted to the Congress and such schedule shall replace that prescribed in said subsection (a) unless disapproved by enactment of a Joint Resolution."

Sec. 3. Section 3(b) of said Act is amended:

(1) by deleting in clause (1) the words "the Indian tribe which is entitled

to such funds" and inserting in lieu thereof "each affected Indian tribe".
(2) by revising clause (2) by adding after the words, "position" the phrase
"within an organized tribe".

(3) by revising clause (5) to read:

"with respect to a tribe recognized by the Secretary as eligible for services provided through the Bureau of Indian Affairs, a significant portion, but not less than 20 per centum of the funds, including interest and investment income earned therefrom, for such tribe shall be set aside (i) for programming by the tribe, with the approval of the Secretary, for tribal social and economic needs, or (ii) for investment by the tribe (with the approval of the Secretary) or by the Secretary until such time as a specific program proposal for the use of the funds has been developed by the tribe and approved by the Secretary, and".

Sec. 4.(a) Section 5(a) of said Act is amended by deleting the words,

"either House adopts a resolution disapproving such plans" and adding in

lieu thereof "the plan is disapproved by Joint Resolution."

(b) Section 5(b) of said Act is amended to read as follows:

"(b) In the event a plan or schedule is disapproved by Joint

Resolution, the disposition of the judgment funds shall be pursuant to

subsequently enacted legislation."

(c) Section 5 of said Act is further amended by adding the following new subsections at the end thereof:

"(c) A plan or schedule which has been submitted to the Congress
may be amended prior to its effective date by submission of
amendments to the Congress and notice to each affected
tribe or group.
For purposes of determining the effective
date of the plan or schedule, an amended plan or schedule
shall be considered as a newly submitted plan or schedule as
of the date submitted."

"(d) A plan which has been submitted to the Congress may be
withdrawn by the Secretary prior to its effective date by
submission of a notice of such withdrawal to the Congress
and each affected tribe or group."

Sec. 5. Said Act is amended by adding the following new sections at

the end thereof:

"Sec. 8. When a plan authorized by this Act provides for per capita distributions of funds, the Secretary may utilize funds subject to the plan involved to pay part or all of the cost of the preparation of a roll for such distribution."

"Sec. 9. This Act may be cited as the 'Indian Judgment Funds Act of 1973'."

Section-by Section Analysis

"Indian Judgment Funds Act Amendments of 1979"

Section 1 of the draft bill provides for the short title of "Indian Judgment Funds Act Amendments of 1979."

Section 2 of the draft bill would amend section 2 of the Act (25 U.S.C. 1402) to require that the Secretary provide a judgment plan to Congress within one year after appropriation of the judgment funds and eliminate the current provision for 90-day extension. In place of the 90-day extension, the Secretary would be required to submit to the Congress a schedule for submission of the plan and such schedule would replace the one year requirement unless disapproved by enactment of a Joint Resolution.

Section 3 of the draft bill would amend section 3(b) of the Act (25 U.S.C. 1403(b) by (1) making clear that the requirement to program not less than 20 percent of judgment funds for common tribal needs is only applicable to organized tribes that are federally recognized; (2) providing expressly that the amount set aside may be invested by the Secretary until the tribe develops a proposal for the use of the funds; (3) removing the authority of the Secretary to waive the set aside requirement if he determines that the particular circumstances of the tribe involved so warrant such a waiver; and (4) making clear that the provision in section 3(b)(2) requiring that the needs and desires of minority groups or individuals be ascertained and considered in preparing a judgment plan only applies to a minority group or individual within an organized tribe.

Section 4 of the draft bill would amend section 5 of the Act (25 U.S.C. 1405) by providing for a procedure for amending a plan or schedule that has already been submitted to Congress or for withdrawal of a plan.

Section 5 of the draft bill would add two new sections to the Act. The new section 8 would authorize the Secretary to provide in a plan that part or all of the cost of preparing a roll for a per capita distribution of funds pursuant to a plan may be paid from the funds which are the subject of the plan. The new section 9 would provide statutorily that the Act may be cited as the "Indian Judgment Funds Act of 1973".