Page 235 TITLE 25—INDIANS § 613

United States to the credit of said tribes, to be available for expenditure for the benefit of said tribes and

their members, as provided by the Act of May 19, 1947

(61 Stat. 102), as amended by the Act of August 30, 1951

(65 Stat. 208), and by the Act of July 17, 1953 (Public

Law 132, Eighty-third Congress) [this subchapter], and

as may be hereinafter amended, 90 per centum of the

gross receipts of the United States, as they are received

from time to time, from all leases, bonuses, royalties,

or other proceeds derived under the mining and mineral-leasing laws of the United States from any and all

lands in which all rights and interests of the tribes are

terminated and extinguished by the terms and conditions of section 1 of this Act and which are embraced

within the boundaries of the tract described in said section 1. Notwithstanding any other provision of law the

remaining 10 per centum of such gross receipts shall be

deposited in the Treasury of the United States to the

credit of miscellaneous receipts.

‘‘SEC. 6. Should this Act become law subsequent to

June 30, 1954, there is hereby reserved to the Shoshone

and Arapahoe Tribes the privilege of rejecting, within

one hundred and twenty days after the date of the Act

[Aug. 15, 1953], the terms and conditions of its sections

1, 4, and 5. If those terms and conditions are rejected,

no part of the Act shall become effective.

‘‘SEC. 7. The Secretary of the Interior is authorized to

perform any and all acts to carry out the provisions

and purposes of this Act.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 612 of this title.

§ 612. Establishment of trust fund for each tribe;

transfer of funds; interest; crediting of revenues, receipts, and proceeds of judgments

The Secretary of the Treasury, upon request of

the Secretary of the Interior, is authorized and

directed to establish a trust fund account for

each tribe and shall make such transfer of funds

on the books of his department as may be necessary to effect the purpose of section 611 of this

title: Provided, That interest shall accrue on the

principal fund only, at the rate of 4 per centum

per annum, and shall be credited to the interest

trust fund accounts established by this section:

Provided further, That all future revenues and receipts derived from the Wind River Reservation

under any and all laws, and the proceeds from

any judgment for money against the United

States hereafter paid jointly to the Shoshone

and Arapahoe Tribes of the Wind River Reservation, shall be divided in accordance with section

611 of this title and credited to the principal

trust fund accounts established herein; and the

proceeds from any judgment for money against

the United States hereafter paid to either of the

tribes singly shall be credited to the appropriate

principal trust fund account.

(May 19, 1947, ch. 80, §2, 61 Stat. 102; Aug. 30,

1951, ch. 367, §1, 65 Stat. 208; Pub. L. 85–610, §1,

Aug. 8, 1958, 72 Stat. 541.)

AMENDMENTS

1958—Pub. L. 85–610 substituted ‘‘Secretary of the

Treasury’’ for ‘‘Comptroller of the United States’’, required division of future receipts from Reservation and

proceeds from judgments paid jointly to Tribes, and

provided for manner of crediting proceeds from judgments paid to either of Tribes.

1951—Act Aug. 30, 1951, substituted ‘‘any’’ for ‘‘existing’’ before ‘‘law’’ in second proviso.

§ 613. Advances or expenditures from tribal

funds; emergency and educational loans;

payments to individuals of tribes; per capita

payments not subject to liens or claims; exception

Notwithstanding any other provision of existing law, the trust funds credited to the Shoshone Tribe and the Arapahoe Tribe, respectively, under the provisions of this subchapter

shall be available for expenditure or for advance

to the tribes for such purposes as may be requested by the business council of the tribe concerned and approved by the Secretary of the Interior, or such official as may be designated by

him: Provided, That the Secretary of the Interior

is directed to make available out of the trust

funds of the Shoshone Tribe the sum of $7,500 for

the purpose of making emergency and educational loans on the authority and responsibility of the Shoshone Tribe, through its business

council, without liability to the United States

and free from regulation or approval by the Secretary of the Interior: Provided further, That,

commencing as soon after August 8, 1958 as the

Secretary of the Interior determines may be

practicable in order to change from the existing

quarterly payment system, but not later than

January 1, 1959, 85 per centum of said trust funds

shall be paid per capita to the members of the

respective tribes in equal monthly installments

on the first day of each month, or as near thereto as practicable, or with the approval of the

Secretary of the Interior, at such more frequent

intervals as the tribes may request. The amount

of the monthly payments during any one calendar year shall be determined by the Secretary

of the Interior on the basis of estimated anticipated income for that calendar year: Provided

further, That the Secretary may increase or decrease the amount of the monthly payments in

the light of actual receipts during the calendar

year, and in order to avoid the omission of a

payment or a reduction in the amount that

would cause unnecessary hardship the Secretary

may permit the total monthly payments for a

year to exceed 85 per centum of the actual receipts for that year and deduct the excess from

the receipts of the following or succeeding years

before determining the amount of the monthly

payments for such succeeding years: Provided

further, That said per capita payments shall not

be subject to any lien or claim of any nature

against any of the members of said tribes unless

the business council of such member shall consent thereto in writing, except as to reimbursable Treasury loans made to individual members

of either tribe which may be due to the United

States, and except as to irrigation charges owed

by individual Indians to the United States with

respect to lands for which water is requested and

received by said individual Indians, and with respect to lands that are determined by the Secretary of the Interior to be properly classified

under existing law on the basis of the survey

undertaken by the Secretary after the amendment of this section on July 25, 1956 (70 Stat.

642): Provided further, That quarterly per capita

payments under this subchapter shall continue

without interruption until the monthly per capita payments are put into effect on or before

January 1, 1959.