§ 1232 TITLE 25—INDIANS Page 364

the Interior (hereafter in this subchapter referred to as ‘‘Secretary’’) in equal shares to

those persons whose names appear on the roll

prepared in accordance with section 1232 of this

title.

(Pub. L. 91–417, §1, Sept. 25, 1970, 84 Stat. 868.)

REFERENCES IN TEXT

The Act entitled ‘‘An Act making supplemental appropriations for the fiscal year ending June 30, 1965,

and for other purposes’’, approved April 30, 1965 (79

Stat. 81), referred to in text, is Pub. L. 89–16, Apr. 30,

1965, 79 Stat. 81. 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.

§ 1232. Enrollment

(a) Preparation of roll; applications; finality of

determination

(1) The Secretary shall prepare a roll of all

persons—

(A) who were born on or prior to and living

on September 25, 1970;

(B) who are lineal descendants of members of

the Chemehuevi Tribe as it existed in 1860; and

(C) whose name or the name of a lineal ancestor appears as a Chemehuevi Indian on any

available census roll or other record or evidence acceptable to the Secretary.

(2) Applications for enrollment must be filed

in the manner and within the time limits prescribed by the Secretary 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.

(b) Dual awards

Any person who has applied for and has been

determined as eligible to share in the awards

granted by the Indian Claims Commission in

dockets numbered 88, 330, and 330–A, to the

Southern Paiute Indian Nation or in dockets

numbered 31, 37, 80, 80–D, 176, 215, 333, and 347, to

‘‘Certain Indians of California’’ shall not be entitled to share in the awards granted under this

subchapter.

(Pub. L. 91–417, §2, Sept. 25, 1970, 84 Stat. 868.)

REFERENCES IN TEXT

The Indian Claims Commission, referred to in subsec.

(b), 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 1231 of this title.

§ 1233. Payments to enrollees; per capita shares

to heirs or legatees; trusts and other procedures for protection of minors and persons

under legal disability

The Secretary shall distribute a share payable

to a living enrollee directly to such enrollee.

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. 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 in accordance

with such procedures, including the establishment of trusts, as the Secretary determines to

be appropriate to protect their best interests.

(Pub. L. 91–417, §3, Sept. 25, 1970, 84 Stat. 868.)

§ 1234. Tax exemption

No part of any funds distributed under this

subchapter shall be subject to Federal or State

income taxes.

(Pub. L. 91–417, §4, Sept. 25, 1970, 84 Stat. 868.)

§ 1235. Identity of eligibility roll and membership

roll

The roll prepared by the Secretary of the Interior pursuant to this subchapter shall not be

deemed to constitute the membership roll of the

Chemehuevi Tribe.

(Pub. L. 91–417, §5, Sept. 25, 1970, 84 Stat. 868.)

§ 1236. Costs

The Secretary may make appropriate withdrawals from the judgment funds and interest

thereon, using interest funds first, to pay costs

incident to carrying out the provisions of this

subchapter.

(Pub. L. 91–417, §6, Sept. 25, 1970, 84 Stat. 868.)

SUBCHAPTER LXVI—PEMBINA BAND OF

CHIPPEWA INDIANS: DISTRIBUTION OF

JUDGMENT FUND

§ 1241. Distribution of funds; attorney fees and

expenses

The funds appropriated by the Act of June 9,

1964 (78 Stat. 204, 213), to pay a judgment to the

Pembina Band of Chippewa Indians in Indian

Claims Commission dockets numbered 18–A, 113,

and 191, together with the interest thereon, after

payment of attorney fees and litigation expenses, and such expenses as may be necessary

in carrying out the provisions of this subchapter, shall be distributed as provided herein.

(Pub. L. 92–59, §1, July 29, 1971, 85 Stat. 158.)

REFERENCES IN TEXT

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

1964, Pub. L. 88–317, 78 Stat. 204, known as the Deficiency Appropriation Act, 1964. Chapter XI of the act

set out at 78 Stat. 213, 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.

§ 1242. Membership rolls; preparation; eligibility;

excluded persons

The Secretary of the Interior shall prepare a

roll of all persons born on or prior to and living

on July 29, 1971, who are lineal descendants of

members of the Pembina Band as it was constituted in 1863, except that persons in the following categories shall not be so enrolled:

a. those who are not citizens of the United

States;

b. those who are members of the Red Lake

Band of Chippewa Indians; and