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U.S. Code as of:
01/19/04
Section 475a. Offsets of gratuities
In all suits now pending in the United States Court of Federal
Claims by an Indian tribe or band which have not been tried or
submitted, and in any suit hereafter filed in the United States
Court of Federal Claims by any such tribe or band, the United
States Court of Federal Claims is directed to consider and to
offset against any amount found due the said tribe or band all sums
expended gratuitously by the United States for the benefit of the
said tribe or band; and in all cases now pending or hereafter filed
in the United States Court of Federal Claims in which an Indian
tribe or band is party plaintiff, wherein the duty of the court is
merely to report its findings of fact and conclusions to Congress,
the said United States Court of Federal Claims is directed to
include in its report a statement of the amount of money which has
been expended by the United States gratuitously for the benefit of
the said tribe or band: Provided, That expenditures made prior to
the date of the law, treaty, agreement, or Executive order under
which the claims arise shall not be offset against the claims or
claim asserted; and expenditures under the Act of June 18, 1934 (48
Stat. L. 984) [25 U.S.C. 461 et seq.], except expenditures under
appropriations made pursuant to section 5 of such Act [25 U.S.C.
465], shall not be charged as offsets against any claim on behalf
of an Indian tribe or tribes now pending in the United States Court
of Federal Claims or hereafter filed: Provided further, That funds
appropriated and expended from tribal funds shall not be construed
as gratuities; and this section shall not be deemed to amend or
affect the various Acts granting jurisdiction to the United States
Court of Federal Claims to hear and determine the claims listed on
page 678 of the hearings before the subcommittee of the House
Committee on Appropriations on the second deficiency appropriation
bill for the fiscal year 1935: And provided further, That no
expenditure under any emergency appropriation or allotment made
subsequently to March 4, 1933, and generally applicable throughout
the United States for relief in stricken agricultural areas, relief
from distress caused by unemployment and conditions resulting
therefrom, the prosecution of public works and public projects for
the relief of unemployment or to increase employment, and for work
relief (including the civil-works program) shall be considered in
connection with the operation of this section.
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