§ 1101 TITLE 25—INDIANS Page 352

(Pub. L. 89–655, §8, Oct. 14, 1966, 80 Stat. 906.)

SUBCHAPTER LIII—NOOKSACK TRIBE OF

WASHINGTON: DISTRIBUTION OF JUDGMENT FUND

§ 1101. Membership roll; preparation; eligibility

for enrollment; filing of applications; finality

of determination

The Secretary of the Interior shall prepare a

roll of all persons who meet the following requirements for eligibility: (a) They were born on

or prior to and were living on October 14, 1966,

and (b) they are descendants of members of the

Nooksack Tribe as it existed in 1855. Applications for enrollment must be filed with the area

director of the Bureau of Indian Affairs, Portland, Oregon, on forms prescribed for that purpose. The determination of the Secretary regarding the utilization of available rolls or

records and the eligibility for enrollment of an

applicant shall be final.

(Pub. L. 89–656, §1, Oct. 14, 1966, 80 Stat. 906.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1102 of this title.

§ 1102. Distribution of funds; persons entitled

After the deduction of attorney fees, litigation

expenses, the costs of roll preparation, and such

sums as may be required to distribute individual

shares, the funds, including interest, remaining

to the credit of the Nooksack Tribe, which were

appropriated by the Act of April 30, 1965 (Public

Law 89–16), shall be distributed in equal shares

to those persons whose names appear on the roll

prepared in accordance with section 1101 of this

title.

(Pub. L. 89–656, §2, Oct. 14, 1966, 80 Stat. 906.)

REFERENCES IN TEXT

Act of April 30, 1965, referred to in text, is act Apr. 30,

1965, Pub. L. 89–16, 79 Stat. 92, known as the Second

Supplemental Appropriations Act, 1965. That portion of

the act which appropriated the funds referred to was

not classified to the Code.

§ 1103. Payments to enrollees, heirs or legatees;

protection of minors and persons under legal

disability; credits of shares under certain

amounts; escheat

The Secretary shall distribute a share payable

to a living enrollee directly to such enrollee or

in such manner as is deemed by the Secretary to

be in the enrollee’s best interest. The Secretary

shall distribute the per capita share of a deceased enrollee to his heirs or legatees upon

proof of death and inheritance satisfactory to

the Secretary whose findings upon such proof

shall be final and conclusive. Sums payable to

enrollees or their heirs or legatees who are less

than twenty-one years of age or who are under

a legal disability shall be paid to the persons

whom the Secretary determines will best protect their interests. Proportional shares of heirs

or legatees amounting to $5 or less shall not be

distributed and shall remain to the credit of the

Nooksack Tribe. Any sum of money remaining

to the credit of the Nooksack Tribe as a result

of this judgment, three years after October 14,

1966, shall escheat to the United States and shall

be deposited in the Treasury of the United

States in miscellaneous receipts.

(Pub. L. 89–656, §3, Oct. 14, 1966, 80 Stat. 906.)

§ 1104. Tax exemption

The funds distributed under the provisions of

this subchapter shall not be subject to Federal

or State income taxes.

(Pub. L. 89–656, §4, Oct. 14, 1966, 80 Stat. 906.)

§ 1105. Rules and regulations

The Secretary of the Interior is authorized to

prescribe rules and regulations to carry out the

provisions of this subchapter.

(Pub. L. 89–656, §5, Oct. 14, 1966, 80 Stat. 906.)

SUBCHAPTER LIV—MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION

OF JUDGMENT FUND

§ 1111. Distribution and use of funds

The Secretary of the Interior shall take the

necessary steps to provide for the distribution

and use of the money appropriated to the Miami

Indians of Indiana and Oklahoma in satisfaction

of judgments awarded by the Indian Claims

Commission in dockets numbered 67 and 124,

124–A, and 251 as hereinafter provided.

(Pub. L. 89–659, §1, Oct. 14, 1966, 80 Stat. 909.)

§ 1112. Advances or expenditures from funds of

Miami Tribe of Oklahoma; persons entitled

The funds on deposit in the Treasury of the

United States to the credit of the Miami Tribe

of Oklahoma that were appropriated by the Act

of September 30, 1961 (75 Stat. 747), to pay a

judgment by the Indian Claims Commission in

docket numbered 251, together with the interest

thereon, after payment of attorney fees and expenses, shall be advanced or expended in accordance with plans adopted by the governing body

of the Miami Tribe of Oklahoma and approved

by the Secretary of the Interior. The persons entitled to share in any per capita payment authorized by the governing body and approved by

the Secretary shall be all individuals who are

enrolled members of the Miami Tribe of Oklahoma, as organized under the Oklahoma Welfare

Act (49 Stat. 1967) [25 U.S.C. 501 et seq.].

(Pub. L. 89–659, §2, Oct. 14, 1966, 80 Stat. 909.)

REFERENCES IN TEXT

Act of September 30, 1961, referred to in text, is act

Sept. 30, 1961, Pub. L. 87–322, 75 Stat. 747. That portion

of the act which appropriated the funds referred to was

not classified to the Code.

The Indian Claims Commission, referred to in text,

terminated Sept. 30, 1978. See Codification note set out

under former section 70 et seq. of this title.

The Oklahoma Welfare Act, referred to in text, is act

June 26, 1936, ch. 831, 49 Stat. 1967, as amended, which

is classified generally to subchapter VIII (§501 et seq.)

of this chapter. For complete classification of this Act

to the Code, see Tables.

§ 1113. Miami Indians of Indiana; membership

roll; preparation; eligibility for enrollment

For the purpose of determining entitlement to

the judgment awarded in Indian Claims Commis-