§ 1162 TITLE 25—INDIANS Page 358

Claims Commission in dockets numbered 329A

and 329B, together with the interest accrued

thereon, as herein provided.

(Pub. L. 90–117, §1, Oct. 31, 1967, 81 Stat. 337.)

REFERENCES IN TEXT

Act of October 31, 1965, referred to in text, is act Oct.

31, 1965, Pub. L. 89–309, 79 Stat. 1133. 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.

§ 1162. Trust; education and scholarships; approval of agreement

Five hundred thousand dollars of said funds

shall be held in trust for the purpose of providing education and scholarships for members of

said tribes pursuant to a trust agreement to be

made and entered into by and between said

tribes, as grantor, and a national banking association located in the State of Oklahoma, as

trustee, which trust agreement shall be authorized and approved by the tribal governing body

and approved by the Secretary of the Interior.

(Pub. L. 90–117, §2, Oct. 31, 1967, 81 Stat. 337.)

§ 1163. Payments to enrollees, heirs or legatees;

trust for minors and persons under legal disability; approval of agreement

The Secretary of the Interior shall distribute

remaining funds per capita to all persons alive

on October 31, 1967, whose names appear on the

membership roll of the Cheyenne-Arapaho

Tribes of Oklahoma or who, on October 31, 1967,

were eligible for membership, hereinafter referred to as ‘‘enrollees’’, as follows:

(a) A share payable to an enrollee not less

than eighteen years of age shall be paid directly in one payment to such enrollee, except

as provided in subsections (b) and (c) of this

section;

(b) A share payable to an enrollee dying

after October 31, 1967, shall be distributed to

his heirs or legatees upon the filing of proof of

death and inheritance satisfactory to the Secretary of the Interior, or his authorized representative, whose findings and determinations upon such proof shall be final and conclusive: Provided, That if a share of such deceased enrollee, or a portion thereof, is payable to an heir or legatee under eighteen years

of age or to an heir or legatee under legal disability other than because of age, the same

shall be paid and held in trust pursuant to subsection (c) of this section;

(c) A share or proportional share payable to

an enrollee or person under eighteen years of

age or to an enrollee or person under legal disability other than because of age shall be paid

and held in trust for such enrollee or person

pursuant to a trust agreement to be made and

entered into by and between the CheyenneArapaho Tribes of Oklahoma, as grantor, and

a national banking association located in the

State of Oklahoma, as Trustee, which trust

agreement shall be authorized and approved

by the tribal governing body and approved by

the Secretary of the Interior. The Secretary of

the Interior is authorized to approve amendments to trust agreements entered into pursuant to this subchapter, to permit the distribution of assets to, and the termination of trusts

for, minor beneficiaries, not under other legal

disability, who have attained or who shall

hereafter attain the age of eighteen years.

(Pub. L. 90–117, §3, Oct. 31, 1967, 81 Stat. 337; Pub.

L. 92–439, Sept. 29, 1972, 86 Stat. 742.)

AMENDMENTS

1972—Pub. L. 92–439 lowered period of minority from

twenty-one to eighteen years of age in subsecs. (a) to

(c), qualified the legal disability in subsecs. (b) and (c)

to a disability other than one of age, and provided for

subsec. (c) authorization of amendments to trust agreements, distribution of assets, and termination of trusts

for beneficiaries eighteen years of age without any

other legal disability.

§ 1164. Claims

(a) Time for filing; reversion of funds upon failure to file

All claims for per capita shares, whether by a

living enrollee or by the heirs or legatees of a

deceased enrollee, shall be filed with the area director of the Bureau of Indian Affairs,

Anadarko, Oklahoma, not later than three years

from October 31, 1967. Thereafter, all claims and

the right to file same shall be forever barred and

the unclaimed shares shall revert to the tribes.

(b) Use of reverted funds

Tribal funds that revert to the tribes pursuant

to subsection (a) of this section, including interest and income therefrom, may be advanced or

expended for any purpose that is authorized by

the tribal governing body.

(Pub. L. 90–117, §4, Oct. 31, 1967, 81 Stat. 338.)

§ 1165. Tax exemption

No part of any funds distributed or held in

trust under the provisions of this subchapter

shall be subject to Federal or State income

taxes.

(Pub. L. 90–117, §5, Oct. 31, 1967, 81 Stat. 338.)

§ 1166. Costs

(a) Payment from judgment fund

All costs incident to making the payments authorized by this subchapter including the costs

of payment roll preparation and such sums as

may be required to distribute said funds, shall

be paid by appropriate withdrawals from the

judgment fund and interest on the judgment

fund, using the interest fund first.

(b) Use of reverted funds

In the event that the sum of money reserved

by the Secretary of the Interior to pay the costs

of distributing said funds exceeds the amount

actually necessary to accomplish this purpose,

the money remaining shall revert to the tribes

and may be advanced or expended for any purpose that is authorized and approved by the tribal governing body.

(Pub. L. 90–117, §6, Oct. 31, 1967, 81 Stat. 338.)