# § 5122. Offsets of gratuities
*Provided*June 18, 193425 U.S.C. 510125 U.S.C. 5108*Provided further**And provided further*March 4, 1933
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: , 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 (48 Stat. L. 984) [ et seq.], except expenditures under appropriations made pursuant to section 5 of such Act [], 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: , 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: , That no expenditure under any emergency appropriation or allotment made subsequently to , 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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**Source Credit**: (Aug. 12, 1935, ch. 508, § 2, 49 Stat. 596; Pub. L. 97–164, title I, § 160(a)(8), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
## Editorial Notes
### References in Text
Act of , referred to in text, is , , popularly known as the Indian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
### Codification
Section was formerly classified to prior to editorial reclassification and renumbering as this section.
### Amendments
1992— substituted “United States Court of Federal Claims” for “United States Claims Court” wherever appearing.
1982— substituted “United States Claims Court” for “Court of Claims” wherever appearing.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1992 Amendment
Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.
### Effective Date of 1982 Amendment
Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.