§ 1132 TITLE 25—INDIANS Page 356

land, 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. 89–660, §1, Oct. 14, 1966, 80 Stat. 910.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1132 of this title.

§ 1132. Equal share distribution; 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 Duwamish Tribe, which were

appropriated by the Act of June 9, 1964 (78 Stat.

213), shall be distributed in equal shares to those

persons whose names appear on the roll prepared

in accordance with section 1131 of this title.

(Pub. L. 89–660, §2, Oct. 14, 1966, 80 Stat. 911.)

REFERENCES IN TEXT

Act of June 9, 1964, referred to in text, is act June 9,

1964, Pub. L. 88–317, 78 Stat. 213, which was not classified to the Code.

§ 1133. Payments to enrollees, heirs, or legatees;

protection of minors and persons under legal

disability; escheats

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 escheat to the United

States. In the event that the sum of money reserved by the Secretary to pay the costs of distributing the individual shares exceeds the

amount actually necessary to accomplish this

purpose, such funds shall also escheat to the

United States.

(Pub. L. 89–660, §3, Oct. 14, 1966, 80 Stat. 911.)

§ 1134. Tax exemption

The funds distributed under the provisions of

this subchapter shall not be subject to Federal

or State income taxes.

(Pub. L. 89–660, §4, Oct. 14, 1966, 80 Stat. 911.)

§ 1135. 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. 89–660, §5, Oct. 14, 1966, 80 Stat. 911.)

SUBCHAPTER LVI—EMIGRANT NEW YORK

INDIANS: DISTRIBUTION OF JUDGMENT

FUND

§ 1141. Distribution of funds; attorney’s fees and

expenses

The funds on deposit in the Treasury of the

United States to the credit of the Emigrant New

York Indians that were appropriated by the Act

of May 29, 1967 (81 Stat. 50), to pay a judgment

by the Indian Claims Commission in Docket

Numbered 75, and the interest thereon, after

payment of attorney fees and expenses, shall be

distributed as determined in sections 1144 and

1145 of this title.

(Pub. L. 90–93, §1, Sept. 27, 1967, 81 Stat. 229.)

REFERENCES IN TEXT

Act of May 29, 1967, referred to in text, is act May 29,

1967, Pub. L. 90–21, 81 Stat. 50. 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.

§ 1142. Membership rolls; Oneida Tribe of Wisconsin; Stockbridge-Munsee Indian Community of Wisconsin; Brotherton Indians of Wisconsin

The Secretary of the Interior shall prepare

rolls of all persons born on or prior to and living

on September 27, 1967 (a) whose names appear on

the membership roll of the Oneida Tribe of Indians of Wisconsin; or (b) whose names appear on

the membership roll of the Stockbridge-Munsee

Indian Community of Wisconsin; or (c) who are

Brotherton Indians of Wisconsin of at least onefourth degree Emigrant New York Indian blood

and not members of either of the organized

groups mentioned in (a) or (b).

(Pub. L. 90–93, §2, Sept. 27, 1967, 81 Stat. 229.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1143, 1144, 1145

of this title.

§ 1143. Assistance of Secretary in preparing membership rolls; applications for enrollment

For the purposes of expediting the enrollment

of persons referred to in section 1142(a) and (b) of

this title, the governing bodies of the Oneida

Tribe of Indians of Wisconsin and the Stockbridge-Munsee Indian Community of Wisconsin

shall, with the assistance of the Secretary, prepare membership rolls of their respective bands.

Applications for enrollment under section

1142(c) of this title must be filed with the Superintendent of the Great Lakes Agency, Ashland,

Wisconsin 54806, on forms prescribed for that

purpose. The determination of the Secretary regarding the eligibility of the applicant shall be

final.

(Pub. L. 90–93, §3, Sept. 27, 1967, 81 Stat. 229.)

§ 1144. Apportionment; ratio of apportioned

shares

The Secretary of the Interior shall apportion

to each group mentioned in section 1142 of this