§ 1294 TITLE 25—INDIANS Page 368

day of the fourth full month following October 3,

1972, and no application shall be accepted thereafter. The Secretary of the Interior shall give a

rejection notice within sixty days after receipt

of an application if the applicant is ineligible for

enrollment. An appeal from a rejected application must be filed with the Area Director not

later than thirty days from receipt of the notice

of rejection. The Secretary shall make a final

determination on each appeal not later than

sixty days from the date it is filed. Each application and each appeal filed with the Area Director shall be reviewed by a committee composed of representatives of the two Oklahoma

Delaware groups prior to submission of the application or appeal to the Secretary, and the

committee shall advise the Area Director in

writing of its judgment regarding the eligibility

of the applicant.

(Pub. L. 92–456, §3, Oct. 3, 1972, 86 Stat. 762.)

§ 1294. Apportionment, credit, and disposition of

funds

(a) Authority of Secretary

The Secretary of the Interior shall apportion

to the Absentee Delaware Tribe of Western

Oklahoma, as presently constituted, so much of

the judgment fund and accrued interest as the

ratio of the persons enrolled pursuant to section

1292(c)(2) of this title bears to the total number

of persons enrolled pursuant to section 1292 of

this title. The funds so apportioned to the Absentee Delaware Tribe of Western Oklahoma

shall be placed to the credit of the tribe in the

United States Treasury and shall be used in the

following manner: 90 per centum of such funds

shall be distributed in equal shares to each person enrolled pursuant to section 1292(c)(2) of this

title, and 10 per centum shall remain to the

credit of the tribe in the United States Treasury, and may be advanced, expended, invested,

or reinvested for any purpose that is authorized

by the tribal governing body and approved by

the Secretary of the Interior.

(b) Manner of payment

The funds not apportioned to the Absentee

Delaware Tribe of Western Oklahoma shall be

placed to the credit of the Delaware Tribe of Indians in the United States Treasury and shall be

used in the following manner: 90 per centum of

such funds shall be distributed in equal shares to

each person enrolled pursuant to section

1292(c)(1) of this title, and 10 per centum shall

remain to the credit of the tribe in the United

States Treasury and may be advanced, expended, invested, or reinvested for any purpose

that is authorized by the tribal governing body:

Provided, That the Secretary of the Interior

shall not approve the use of the funds remaining

to the credit of the tribe until the tribe has organized a legal entity which in the judgment of

the Secretary adequately protects the interests

of its members.

(Pub. L. 92–456, §4, Oct. 3, 1972, 86 Stat. 762.)

§ 1295. Payments to adults; trusts for minors and

persons under legal disability

Sums payable to living enrollees age eighteen

or older or to heirs or legatees of deceased enrollees age eighteen or older shall be paid directly to such persons. Sums payable to enrollees or their heirs or legatees who are under age

eighteen or who are under legal disability other

than minority shall be paid in accordance with

such procedures, including the establishment of

trusts, as the Secretary of the Interior determines appropriate to protect the best interests

of such persons.

(Pub. L. 92–456, §5, Oct. 3, 1972, 86 Stat. 763.)

§ 1296. Income tax exemption

None of the funds distributed per capita under

the provisions of this subchapter shall be subject to Federal or State income taxes.

(Pub. L. 92–456, §6, Oct. 3, 1972, 86 Stat. 763.)

§ 1297. 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. 92–456, §7, Oct. 3, 1972, 86 Stat. 763.)

SUBCHAPTER LXXII—YAVAPAI APACHE

TRIBE OF ARIZONA: DISTRIBUTION OF

JUDGMENT FUND

§ 1300. Distribution of funds; attorney fees and

expenses

The funds appropriated by the Act of July 22,

1969 (83 Stat. 49, 62), to pay a judgment to the

Yavapai Indians in Indian Claims Commission

dockets numbered 22–E and 22–F, together with

any interest thereon, after payment of attorney

fees and litigation expenses and the costs of carrying out the provisions of this subchapter, shall

be distributed as provided in such sections.

(Pub. L. 92–461, §1, Oct. 6, 1972, 86 Stat. 768.)

REFERENCES IN TEXT

Act of July 22, 1969, referred to in text, is act July 22,

1969, Pub. L. 91–47, 83 Stat. 49, known as the Second

Supplemental Appropriation Act, 1969. Chapter XIII of

the act, set out at 83 Stat. 62, appropriated the funds

referred to and 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300a of this

title.

§ 1300a. Percentage of funds for Payson Indian

Band

The Secretary of the Interior shall set aside

for the benefit of the Payson Indian Band, at

Payson, Arizona, 3.5 per centum of the net judgment funds described in section 1300 of this title,

which shall be disposed of pursuant to section

1300a–2 of this title.

(Pub. L. 92–461, §2, Oct. 6, 1972, 86 Stat. 769.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300a–2 of this

title.

§ 1300a–1. Membership roll; preparation; eligibility for enrollment; verification; approval

For the purposes of apportioning the funds,

the Yavapai Apache Indian Community of the