Page 121 TITLE 25—INDIANS

allotted and unreserved lands, was transferred to section 1196 of Title 43.

Section 426, act Mar. 3, 1891, ch. 561, §10, 26 Stat. 1099,

which provided that act Mar. 3, 1891, ch. 561, not affect

agreements with any Indian tribe to dispose of land,

was transferred to section 1197 of Title 43.

Section 427, act Feb. 9, 1903, ch. 531, 32 Stat. 820,

which extended town-site laws to ceded lands in Minnesota, was transferred to section 731 of Title 43.

CHAPTER 14—MISCELLANEOUS

SUBCHAPTER I—GENERAL PROVISIONS

Sec.

441. Repealed.

442. Livestock loans; cash settlements.

443. Disposition of cash settlements.

443a. Conveyance to Indian tribes of federally

owned buildings, improvements, or facilities; disposition of property by Indians; forfeiture; ‘‘Indian’’ defined.

443b. Indian goods and supplies.

444 to 449. Repealed.

SUBCHAPTER II—INDIAN SELF-DETERMINATION

AND EDUCATION ASSISTANCE

450. Congressional statement of findings.

(a) Findings respecting historical

and special legal relationship,

and resultant responsibilities.

(b) Further findings.

450a. Congressional declaration of policy.

(a) Recognition of obligation of

United States.

(b) Declaration of commitment.

(c) Declaration of national goal.

450a–1. Tribal and Federal advisory committees.

450b. Definitions.

450c. Reporting and audit requirements for recipients of Federal financial assistance.

(a) Maintenance of records.

(b) Access to books, documents, papers, and records for audit and

examination by Comptroller

General, etc.

(c) Availability by recipient of required reports and information to Indian people served

or represented.

(d) Repayment to Treasury by recipient of unexpended or unused funds.

(e) Annual report to tribes.

(f) Single-agency audit report; additional information; declination criteria and procedures.

450d. Criminal activities involving grants,

contracts, etc.; penalties.

450e. Wage and labor standards.

(a) Similar construction in locality.

(b) Preference requirements for

wages and grants.

(c) Self-determination contracts.

450e–1. Grant and cooperative agreements.

450e–2. Use of excess funds.

PART A—INDIAN SELF-DETERMINATION

450f. Self-determination contracts.

(a) Request by tribe; authorized

programs.

(b) Procedure upon refusal of request to contract.

(c) Liability insurance; waiver of

defense.

(d) Tribal organizations and Indian

contractors deemed part of

Public Health Service.

Sec.

(e) Burden of proof at hearing or

appeal declining contract;

final agency action.

450g. Repealed or Transferred.

450h. Grants to tribal organizations or tribes.

(a) Request by tribe for contract or

grant by Secretary of the Interior for improving, etc.,

tribal governmental, contracting, and program planning activities.

(b) Grants by Secretary of Health

and Human Services for development, maintenance, etc., of

health facilities or services

and improvement of contract

capabilities implementing

hospital and health facility

functions.

(c) Use as matching shares for

other similar Federal grant

programs.

(d) Technical assistance.

(e) Grants for technical assistance

and for planning, etc., Federal

programs for tribe.

450i. Retention of Federal employee coverage,

rights and benefits by employees of

tribal organizations.

(a) to (d) Omitted.

(e) Eligible employees; Federal employee programs subject to retention.

(f) Deposit by tribal organization

of employee deductions and

agency contributions in appropriate funds.

(g) Election for retention by employee and tribal organization

before date of employment by

tribal organization; transfer

of employee to another tribal

organization.

(h) ‘‘Employee’’ defined.

(i) Promulgation of implementation regulations by President.

(j) Additional employee employment rights.

(k), (l) Omitted.

(m) Conversion to career appointment.

450j. Contract or grant provisions and administration.

(a) Applicability of Federal contracting laws and regulations;

waiver of requirements.

(b) Payments; transfer of funds by

Treasury for disbursement by

tribal organization; accountability for interest accrued

prior to disbursement.

(c) Term of self-determination contracts; annual renegotiation.

(d) Calendar year basis for contracts.

(e) Effective date for retrocession

of contract.

(f) Use of existing school buildings,

hospitals, and other facilities

and equipment therein; acquisition and donation of excess

or surplus Government personal property.

(g) Performance of personal services.
TITLE 25—INDIANS Page 122

Sec.

(h) Fair and uniform provision by

tribal organization of services

and assistance to covered Indians.

(i) Division of administration of

program.

(j) Proposal to redesign program,

activity, function, or service.

(k) Access to Federal sources of

supply.

(l) Lease of facility used for administration and delivery of

services.

(m) Statutory requirements; technical assistance; precontract

negotiation phase; fixed price

construction contract.

(n) Rental rates for housing for

Government employees in

Alaska.

450j–1. Contract funding and indirect costs.

(a) Amount of funds provided.

(b) Reductions and increases in

amount of funds provided.

(c) Annual report.

(d) Treatment of shortfalls in indirect cost recoveries.

(e) Liability for indebtedness incurred before fiscal year 1992.

(f) Limitation on remedies relating

to cost disallowances.

(g) Addition to contract of full

amount contractor entitled;

adjustment.

(h) Indirect costs for contracts for

construction programs.

(i) Indian Health Service and Bureau of Indian Affairs budget

consultations.

(j) Use of funds for matching or

cost participation requirements.

(k) Allowable uses of funds without

approval of Secretary.

(l) Suspension, withholding, or

delay in payment of funds.

(m) Use of program income earned.

(n) Reduction of administrative or

other responsibilities of Secretary; use of savings.

(o) Rebudgeting by tribal organization.

450k. Rules and regulations.

(a) Authority of Secretaries of the

Interior and of Health and

Human Services to promulgate; time restriction.

(b) Conflicting laws and regulations.

(c) Revisions and amendments; procedures applicable.

(d) Consultation in drafting and

promulgating; negotiation

process; interagency committees; extension of deadlines.

(e) Exceptions in or waiver of regulations.

450l. Contract or grant specifications.

(a) Terms.

(b) Payments; Federal records.

(c) Model agreement.

450m. Rescission of contract or grant and assumption of control of program, etc.;

authority; grounds; procedure; correction of violation as prerequisite to new

contract or grant agreement; construction with occupational safety and

health requirements.

Sec.

450m–1. Contract disputes and claims.

(a) Civil actions; concurrent jurisdiction; relief.

(b) Revision of contracts.

(c) Application of laws to administrative appeals.

(d) Application of Contract Disputes Act.

(e) Application of subsection (d).

450n. Sovereign immunity and trusteeship

rights unaffected.

PART B—CONTRACTS WITH STATES

451. Donations for Indians; use of gifts; annual report to Congress.

452. Contracts for education, medical attention, relief and social welfare of Indians.

453. Use of Government property by States

and Territories.

454. Rules and regulations; minimum standards of service.

455. Contracts for education in public

schools; submission of education plan

by contractor as prerequisite; criteria

for approval of plan by Secretary of

the Interior; participation by non-Indian students.

456. Local committee of Indian parents in

school districts having school boards

composed of non-Indian majority.

(a) Election; functions.

(b) Revocation of contracts.

457. Reimbursement to school districts for

educating non-resident students.

PART C—INDIAN EDUCATION ASSISTANCE

458. School construction, acquisition, or renovation contracts.

(a) Authorization; prerequisites.

(b) Eligibility requirements for

assistance in federally-affected areas; applicability to

projects in determining maximum amount, allocation, of

funds, etc.

(c) Eligibility of private schools to

receive funds; maximum

amount.

(d) Duties of State education agencies pursuant to contracts.

(e) Advisory consultations by Secretary with affected entities

and governing bodies prior to

contracts; applicability.

(f) Evaluation and report to Congress of effectiveness of construction, etc., programs;

scope and content of report.

(g) Authorization of appropriations.

458a. General education contract and grant

provisions and requirements; school

district quality and standards of excellence.

458b. Availability of funds to agencies, institutions, and organizations.

458c. Rules and regulations.

(a) Prerequisites for promulgation.

(b) Revision and amendment.

458d. Eligibility for funds of tribe or tribal organization controlling or managing

private schools.

458e. Supplemental assistance to funds provided to local educational agencies.

PART D—TRIBAL SELF-GOVERNANCE

458aa. Establishment.
Page 123 TITLE 25—INDIANS

Sec.

458bb. Selection of participating Indian tribes.

(a) Continuing participation.

(b) Additional participants.

(c) Applicant pool.

(d) Planning phase.

458cc. Funding agreements.

(a) Authorization.

(b) Contents.

(c) Additional activities.

(d) Provisions relating to Secretary.

(e) Construction projects.

(f) Submission for review.

(g) Payment.

(h) Civil actions.

(i) Facilitation.

(j) Funds.

(k) Disclaimer.

(l) Incorporate self-determination

provisions.

458dd. Budget request.

458ee. Reports.

(a) Requirement.

(b) Contents.

(c) Report on non-BIA programs.

(d) Report on Central Office funds.

458ff. Disclaimers.

(a) Other services, contracts, and

funds.

(b) Federal trust responsibilities.

(c) Application of other sections of

subchapter.

458gg. Regulations.

(a) In general.

(b) Committee.

(c) Adaptation of procedures.

(d) Effect.

458hh. Authorization of appropriations.

[SUBCHAPTER III—RESERVED]

SUBCHAPTER IV—CONVEYANCE OF

SUBMARGINAL LAND

459. Submarginal lands of United States held

in trust for specified Indian tribes.

(a) Declaration; addition to reservations.

(b) Imposition of conditions on conveyed lands; lands excepted

from conveying authority.

(c) Additional lands held in trust

for specified Indian tribes.

459a. Designation of tribes.

(a) Description of lands.

(b) Publication in Federal Register

of boundaries, etc.; estimation

of acreages.

459b. Submarginal lands of United States held

in trust for Stockbridge Munsee Indian

Community.

459c. Existing rights of possession, contract,

interest, etc.

(a) Preservation; force and effect of

mineral leases; rejection of

pending applications for

leases and return of advance

rental payments.

(b) Administration of lands.

459d. Gross receipts from conveyed lands.

(a) Deposit to credit of tribe; nonapplicability.

(b) Administration of gross receipts.

459e. Tax exemption for conveyed lands and

gross receipts; distribution of gross receipts to tribal members.

Sec.

SUBCHAPTER V—PROTECTION OF INDIANS AND

CONSERVATION OF RESOURCES

461. Allotment of land on Indian reservations.

462. Existing periods of trust and restrictions

on alienation extended.

462a. Omitted.

463. Restoration of lands to tribal ownership.

(a) Protection of existing rights.

(b) Papago Indians; permits for

easements, etc.

463a. Extension of boundaries of Papago Indian Reservation.

463b. Purchase of private lands; limitations.

463c. Gift of lands by Arizona.

463d. Restoration of lands in Umatilla Indian

Reservation to tribal ownership.

463e. Exchanges of land.

463f. Title to lands.

463g. Use of funds appropriated under section

465.

464. Transfer of restricted Indian lands or

shares in assets of Indian tribes or corporation; exchange of lands.

465. Acquisition of lands, water rights or surface rights; appropriation; title to

lands; tax exemption.

465a. Receipt and purchase in trust by United

States of land for Klamath Tribe Indians.

465b. ‘‘Klamath Tribe of Indians’’ defined.

466. Indian forestry units; rules and regulations.

467. New Indian reservations.

468. Allotments or holdings outside of reservations.

469. Indian corporations; appropriation for

organizing.

470. Revolving fund; appropriation for loans.

470a. Interest charges covered into revolving

fund.

471. Vocational and trade schools; appropriation for tuition.

472. Standards for Indians appointed to Indian Office.

472a. Indian preference laws applicable to Bureau of Indian Affairs and Indian

Health Service positions.

(a) Establishment of retention categories for purposes of reduction-in-force procedures.

(b) Reassignment of employees

other than to positions in

higher grades; authority to

make determinations respecting.

(c) Waiver of applicability in personnel actions; scope, procedures, etc.

(d) Annual report respecting Indians qualifying for preference

positions.

(e) Placement of non-Indian employees in other Federal positions; assistance of Office of

Personnel Management; cooperation of other Federal

agencies; reporting requirements.

(f) Definitions.

473. Application generally.

473a. Application to Alaska.

474. Continuation of allowances.

475. Claims or suits of Indian tribes against

United States; rights unimpaired.

475a. Offsets of gratuities.

476. Organization of Indian tribes; constitution and bylaws and amendment thereof; special election.
TITLE 25—INDIANS Page 124

Sec.

(a) Adoption; effective date.

(b) Revocation.

(c) Election procedure; technical

assistance; review of proposals; notification of contraryto-applicable law findings.

(d) Approval or disapproval by Secretary; enforcement.

(e) Vested rights and powers; advisement of presubmitted

budget estimates.

(f) Privileges and immunities of

Indian tribes; prohibition on

new regulations.

(g) Privileges and immunities of

Indian tribes; existing regulations.

477. Incorporation of Indian tribes; charter;

ratification by election.

478. Acceptance optional.

478–1. Mandatory application of sections 462

and 477.

478a. Procedure.

478b. Application of laws and treaties.

479. Definitions.

479a. Definitions.

479a–1. Publication of list of recognized tribes.

(a) Publication of list.

(b) Frequency of publication.

480. Indians eligible for loans.

481. Omitted.

482. Revolving fund; loans; regulations.

483. Sale of land by individual Indian owners.

483a. Mortgages and deeds of trust by individual Indian owners; removal from trust

or restricted status; application to

Secretary.

484. Conversion of exchange assignments of

tribal lands on certain Sioux reservations into trust titles; trust and tax

exemption.

485. Payment to assignment holders of moneys collected for use of subsurface

rights.

486. Regulations.

487. Spokane Indian Reservation; consolidations of land.

(a) Purchase, sale, and exchange.

(b) Individual Indian trust lands.

(c) Nontaxability.

(d) Lands held by mortgage or deed

of trust.

(e) Acquisition and sale procedures;

land purchase and consolidation program.

488. Agricultural loans to acquire land within reservations.

489. Title in trust to United States.

490. Tribal rights and privileges in connection with loans.

491. Mortgaged property governed by State

law.

492. Interest rates and taxes.

493. Reduction of unpaid principal.

(a) In general.

(b) Fair market value.

(c) Appeals.

(d) Future applications.

494. Authorization of appropriations.

SUBCHAPTER VI—INDIANS OF ALASKA

495. Annette Islands reserved for

Metlakahtla Indians.

496, 497. Repealed.

SUBCHAPTER VII—REINDEER INDUSTRY

500. Purpose.

Sec.

500a. Acquisition of reindeer and other property.

500b. Filing claim of title to reindeer by nonnatives.

500c. Acceptance of gifts.

500d. Acceptance and expenditure of Federal

funds.

500e. Revolving fund; moneys not to be covered into Treasury.

500f. Management of industry by Secretary;

aim of management.

500g. Distribution of reindeer, property, and

profits to natives.

500h. Grant of administrative powers to organizations of natives.

500i. Alienation of reindeer or interests; penalty.

500j. ‘‘Reindeer’’ defined.

500k. Rules and regulations.

500l. Appointment of natives to administer industry.

500m. Use of public lands; violation.

500n. ‘‘Natives of Alaska’’ defined.

SUBCHAPTER VIII—INDIANS IN OKLAHOMA:

PROMOTION OF WELFARE

501. Acquisition of agricultural and grazing

lands for Indians; title to lands; tax exemption.

502. Purchase of restricted Indian lands; preference to Secretary of the Interior;

waiver of preference.

503. Organization of tribes or bands; constitution; charter; right to participate in

revolving credit fund.

504. Cooperative associations; charter; purposes; voting rights.

505. Amendment or revocation of charters;

suits by and against associations.

506. Loans to individuals and groups; appropriation.

507. Availability and allocation of funds; royalties from mineral deposits.

508. Application of provisions to Osage County.

509. Rules and regulations; repeals.

510. Payment of gross production taxes;

method.

SUBCHAPTER IX—KLAMATH TRIBE: CAPITAL

RESERVE FUND

530. Capital reserve fund; interest for administrative expenses.

531 to 535. Repealed.

SUBCHAPTER X—KLAMATH TRIBE: DISPOSITION

OF CERTAIN TRIBAL FUNDS

541. Creation of individual credits; authorized purchases.

542. Limitations on remainder of fund.

543. Liability of judgment funds for debts.

544. Creation of individual credits; authorized purchases.

545. Liability of judgment funds for debts.

SUBCHAPTER XI—KLAMATH TRIBE: PAYMENTS

IN LIEU OF ALLOTMENTS; INHERITANCE OF

RESTRICTED PROPERTY

551. ‘‘Klamath Tribe’’ defined.

552. Payments in lieu of allotments.

553. Deposit and expenditure of payments.

554. Disposition of payment on death of Indian.

555. Repealed.

556. Reversion of interest in property on

death without heirs or devisees.

SUBCHAPTER XII—KLAMATH TRIBE: FEES AND

CHARGES

561, 562. Omitted.
Page 125 TITLE 25—INDIANS

Sec.

563. Salaries and expenses for Klamath Tribe

Officials.

SUBCHAPTER XIII—KLAMATH TRIBE:

TERMINATION OF FEDERAL SUPERVISION

564. Purpose.

564a. Definitions.

564b. Membership roll; closure; preparation

and initial publication; appeal from inclusion or omission from roll; finality

of determination; final publication.

564c. Personal property rights; restrictions;

tax exemption.

564d. Management specialists.

(a) Employment; duties.

(b) Availability of funds for expenditures; reimbursement of

tribal funds.

564e. Sale of tribal property.

(a) Transfer procedure.

(b) Time limitation.

(c) Effect on tribal members selling

interests.

564f. Per capita payments to tribal members.

564g. Individual property.

(a) Transfer of unrestricted control.

(b) Removal of restrictions on sales

or encumbrances; fee simple

title.

(c) Multiple land ownership; partition; sale; election to purchase; unlocated owners.

(d) Approval of exchanges or sales

by Secretary.

564h. Property of deceased members.

(a) Federal laws inapplicable to

probate.

(b) State, etc., laws applicable to

probate.

564i. Transfer of federally owned property.

564j. Taxes; initial exemption; taxes following

distribution; valuation for capital

gains or losses.

564k. Loan transfers; collection by tribe.

564l. Klamath irrigation works.

(a) Transfer of operation and maintenance.

(b) Termination of construction

costs deferment; recordation

of lien.

(c) Appropriation authorization.

(d) Adjustment of reimbursable irrigation costs.

(e) Applicable irrigation laws.

564m. Water and fishing rights.

(a) Water rights; laws applicable to

abandonment.

(b) Fishing rights or privileges.

564n. Protection of minors, persons non

compos mentis, and other members

needing assistance; guardians; other

adequate means; trusts; annuities; assistance factors; contests.

564o. Advances or expenditures from tribal

funds.

564p. Execution by Secretary of patents,

deeds, etc.

564q. Termination of Federal trust.

(a) Publication; termination of

Federal services; application

of Federal and State laws.

(b) Citizenship status unaffected.

564r. Termination of Federal powers over

tribe.

564s. Set off of individual indebtedness; credit.

Sec.

564t. Indian claims unaffected.

564u. Valid leases, permits, liens, etc., unaffected.

564v. Rules and regulations; tribal referenda.

564w. Education and training program; purposes; subjects; transportation; subsistence; contracts; other education

programs.

564w–1. Klamath Indian Forest and Klamath

Marsh.

(a) Designation of boundaries.

(b) Sales; terms and conditions.

(c) Appraisals; notice to Congressional committees; appropriation; realization value; report

to Congressional committees.

(d) Unsold forest units and marsh

lands; title after publication

in Federal Register; aggregate

realization value; appropriation.

(e) Sale of retained lands to Secretary of Agriculture.

(f) Klamath Forest National Wildlife Refuge; appropriation.

(g) Homesites.

(h) Administration of outstanding

timber sales contracts.

(i) Right of United States to use

roads.

564w–2. Federal acquisition of tribal land.

(a) Condemnation authority.

(b) Initiation of action; authorization of appropriations.

(c) Applicability of homesite provisions.

564x. Timber sales.

SUBCHAPTER XIV—KLAMATH TRIBE:

DISTRIBUTION OF JUDGMENT FUND

565. Authorization to distribute funds.

565a. Distribution to persons on final roll;

payment of shares due living adults,

deceased enrollees, adults under legal

disabilities, persons in need of assistance, and minors.

565b. Time of payment; claims for shares of

deceased enrollees.

565c. Disposition of funds remaining after distribution.

565d. Disposition of funds insufficient to justify further distribution.

565e. Costs.

565f. Taxes.

565g. Rules and regulations.

SUBCHAPTER XIV–A—KLAMATH TRIBE:

RESTORATION OF FEDERAL SUPERVISION

566. Restoration of Federal recognition,

rights, and privileges.

(a) Federal recognition.

(b) Restoration of rights and privileges.

(c) Federal services and benefits.

(d) Certain rights not altered.

(e) Modoc Indian Tribe of Oklahoma.

566a. Tribe Constitution and Bylaws.

566b. Conservation and development of lands.

(a) In general.

(b) Adoption of constitution.

566c. Hunting, fishing, trapping, and water

rights.

566d. Transfer of land to be held in trust.

566e. Criminal and civil jurisdiction.

566f. Economic development.

(a) Plan for economic self-sufficiency.
TITLE 25—INDIANS Page 126

Sec.

(b) Consultation with State and

local officials required.

(c) Restrictions to be contained in

plan.

(d) Appendix to plan submitted to

Congress.

566g. Definitions.

566h. Regulations.

SUBCHAPTER XV—SHOSHONE TRIBE:

DISTRIBUTION OF JUDGMENT FUND

571. Membership roll; preparation.

572. Payments to individuals; expenditure of

payments.

573. Uses of judgment fund.

(a) Purchase of lands.

(b) Loan fund.

(c) Productive enterprises.

574. Consolidation of lands.

574a. Acquisition of lands on Wind River Reservation.

(a) Authority to hold lands in trust

for individual tribe.

(b) Lands remain part of joint reservation subject to exclusive

tribal control.

(c) Income.

(d) Savings provision.

575. Restoration of lands.

576. Purchase of lands; reimbursement of expenditures.

577. Liability of judgment funds for debts.

581. Disposition of funds.

582. Shoshone-Bannock Tribes of the Fort

Hall Reservation; credit of funds.

583. Northwestern Bands of Shoshone Indians; credit of funds.

584. Apportionment of remaining funds; Shoshone-Bannock Tribes of the Fort Hall

Reservation and the Shoshone Tribe of

the Wind River Reservation.

585. Membership rolls; preparation; eligibility for enrollment; application; finality of determination.

586. Northwestern Band of Shoshone Indians;

payment to enrollees; heirs or legatees; trust for minors and persons

under legal disability.

587. Funds apportioned to Shoshone-Bannock

Tribes of the Fort Hall Reservation.

(a) Distribution to enrollees.

(b) Determination of per capita

share.

(c) Trust for minors and persons

under legal disability.

(d) Remaining funds.

588. Shoshone Tribe of the Wind River Reservation; distribution of funds.

589. Tax exemption.

590. Rules and regulations.

590a. Shoshone-Bannock Tribes of the Fort

Hall Reservation; credit of funds.

590b. Disposition of funds.

590c. Tax exemption; trusts for minors and

persons under legal disability.

SUBCHAPTER XVI—CHIPPEWA TRIBE OF

MINNESOTA

591. Reservation of Chippewa National Forest

lands for Minnesota Chippewa Tribe.

592. Withdrawal of tribal funds to reimburse

United States; consent of Minnesota

Chippewa Tribe; disposition of receipts.

593. Exchanges of allotted, restricted, and

tribal lands for Chippewa National

Forest lands.

Sec.

594. Distribution of judgment funds; Mississippi Bands; Pillager and Lake

Winnibigoshish Bands.

594a. Rules and regulations.

SUBCHAPTER XVII—YAKIMA TRIBES

601. Membership roll; preparation; persons

entitled to enrollment.

602. Application to Tribal Council on exclusion from roll; minors and incompetent

persons.

603. Correction of membership roll.

604. Loss of membership and removal from

roll.

605. Expulsion of members; review by Secretary.

606. Back pay and annuities on enrollment of

new members.

607. Divestment of inheritance of non-members.

(a) Procedure.

(b) Time of election.

(c) Interest of surviving spouse.

608. Purchase, sale, and exchange of land.

(a) Authority of Secretary; manner

and place.

(b) Multiple ownership of land.

(c) Acquisitions to be held in trust.

(d) Terms and conditions.

608a. Sale of tribal trust lands, etc.

(a) Title subsequent to sale.

(b) Credit of proceeds to tribal

funds.

608b. Rights of lessee.

608c. Regulations.

609. Action to determine title to judgment

fund; claim of Confederated Tribes of

the Colville Reservation; jurisdiction

of Court of Claims.

609a. Tax exemption.

609b. Disposition of judgment fund; deductions; advances, expenditures, investments, or reinvestments for authorized

purposes.

609b–1. Tax exemption; trusts and other procedures for protection of minors and persons under legal disability.

609c. Disbursement of minor’s share of judgment funds.

(a) Definitions.

(b) Disbursement to parent of

minor.

(c) Disbursements under plan for

best interest of minor.

(d) Monthly reports.

609c–1. Tax exemption; eligibility for Federal

assistance without regard to payments.

SUBCHAPTER XVIII—SWINOMISH TRIBE

610. Purchase of lands within, adjacent to, or

in close proximity to boundaries of

Swinomish Indian Reservation.

610a. Sale or exchange of lands; money equalization payments.

610b. Title to lands; tax exemption; prohibition of restrictions.

610c. Mortgages or deeds in trust; law governing mortgage foreclosure or sale;

United States as party; removal of

cases: appeals.

610d. Moneys or credits for tribal purposes.

610e. Assignment of income.

SUBCHAPTER XIX—SHOSHONE AND ARAPAHO

TRIBES OF WYOMING

611. Division of trust fund on deposit in

United States Treasury to joint credit

of both tribes.
Page 127 TITLE 25—INDIANS

Sec.

612. Establishment of trust fund for each

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

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.

SUBCHAPTER XX—PUEBLO AND CANONCITO

NAVAJO INDIANS

621. Portions of tribal lands to be held in

trust by the United States; remainder

to become part of the public domain.

622. Exchange of tribal lands; title to lands.

623. Disbursement of deposits in the United

Pueblos Agency.

624. Exchange of lands.

(a) Authorization of Secretary;

manner and place.

(b) Reservation of minerals, easements, or rights of use.

(c) Execution of title documents.

(d) Title to lands.

SUBCHAPTER XXI—NAVAJO AND HOPI TRIBES:

REHABILITATION

631. Basic program for conservation and development of resources; projects; appropriations.

632. Character and extent of administration;

time limit; reports on use of funds.

633. Preference in employment; on-the-job

training.

634. Loans to Tribes or individual members;

loan fund.

635. Disposition of lands.

(a) Lease of restricted lands; renewals.

(b) Lease, sale, or other disposition

of lands owned in fee simple

by Navajo Tribe.

(c) Transfer of unallotted lands to

tribally owned or municipal

corporations.

636. Adoption of constitution by Navajo

Tribe; method; contents.

637. Use of Navajo tribal funds.

638. Participation by Tribal Councils; recommendations.

639. Additional Social Security contributions

to States.

640. Repealed.

640a. Navajo Community College; purpose.

640b. Grants.

640c. Study of facilities needs.

(a) Contents; report to Congress.

(b) Funding.

(c) Inventory.

640c–1. Authorization of appropriations.

(a) Construction grants.

(b) Navajo Community College

grants.

(c) Funding requirements.

640c–2. Effect on other laws.

640c–3. Payments; interest.

SUBCHAPTER XXII—NAVAJO AND HOPI TRIBES:

SETTLEMENT OF RIGHTS AND INTERESTS

640d. Mediator.

(a) Appointment; duties; qualifications; termination of duties.

(b) Nature of proceedings.

(c) Interagency committee.

(d) Liaison with Secretary.

(e) Staff assistants and consultants.

Sec.

640d–1. Negotiating teams.

(a) Appointment; time; membership and certification; nature

of authority.

(b) Failure to select and certify.

(c) First negotiating session; time

and place; chairman; suggestions for procedure, agenda,

and resolution of issues in

controversy.

(d) Failure to attend two consecutive sessions or bargain in

good faith.

(e) Disagreements within team.

640d–2. Implementation of agreements.

(a) Full agreement.

(b) Partial agreement.

(c) Consistency with existing law.

640d–3. Default or failure to reach agreement;

recommendations to District Court;

final adjudication.

640d–4. Authorized recommendations for facilitation of agreement or report to District Court; discretionary nature of

recommendations.

640d–5. Considerations and guidelines for preparation of report by Mediator and final

adjudication by District Court.

640d–6. Joint ownership and management of

coal, oil, gas and other minerals within

or underlying partitioned lands; division of proceeds.

640d–7. Determination of tribal rights and interests in land.

(a) Authorization to commence and

defend actions in District

Court.

(b) Allocation of land to respective

reservations upon determination of interests.

(c) Actions for accounting, fair

value of grazing, and claims

for damages to land; determination of recovery; defenses.

(d) Denial of Congressional interest

in merits of conflicting

claims; liability of United

States.

(e) Payment of legal fees, court

costs and other expenses.

(f) Provision of attorney fees for

San Juan Southern Paiute

Tribe.

640d–8. Allotments in severalty to Paiute Indians now located on lands; issue of patents declaring United States as trustee.

640d–9. Partitioned or other designated lands.

(a) Lands to be held in trust for

Navajo Tribe; exception.

(b) Lands to be held in trust for

Hopi Tribe.

(c) Protection of rights and property of individuals subject to

relocation.

(d) Protection of benefits and services of individuals subject to

relocation.

(e) Tribal jurisdiction over partitioned lands.

(f) Development of lands in litigation; exception.

640d–10. Resettlement lands for Navajo Tribe.
TITLE 25—INDIANS Page 128

Sec.

(a) Transfer of lands under jurisdiction of Bureau of Land Management; State and private

land exchanges; valuation; acquired private lands; lands to

be held in trust.

(b) Proximity of lands to be transferred or acquired to Navajo

Reservation; lands to be used

for exchanges.

(c) Selection of lands to be transferred or acquired; time period; consultation; restriction

of New Mexico lands.

(d) Progress and status of land

transfer program; reports to

Congressional committees.

(e) Entitlement lands payments.

(f) Acquisition of title to surface

and subsurface interest; time

period; public notice; report

to Congressional committees;

rights of subsurface owner.

(g) Lands not available for transfer.

(h) Administration of lands transferred or acquired.

(i) Negotiations regarding land exchanges or leases.

640d–11. Office of Navajo and Hopi Indian Relocation.

(a) Establishment; Commissioner.

(b) Appointment; term of office;

compensation.

(c) Transfer of powers, duties, and

funds to Commissioner.

(d) Powers of Commissioner.

(e) Administrative, fiscal, and

housekeeping services; implementation of relocation plan;

reasonable assistance by Federal departments or agencies;

report to Congress.

(f) Termination.

640d–12. Report concerning relocation of households and members of each tribe.

640d–13. Relocation of households and members.

(a) Authorization; time of completion; prohibition of further

settlement of nonmembers

without written approval;

limit on grazing of livestock.

(b) Additional payments to heads

of household; time.

(c) Payments to or for any person

moving into partitioned area

after May 29, 1974.

640d–14. Relocation housing.

(a) Purchase of habitation and improvements from head of

household; fair market value.

(b) Reimbursement for moving expenses; payment for replacement dwelling; limitations.

(c) Establishment of standards consistent with other laws; payments to or for any person

moving into partitioned area

after specified time.

(d) Methods of payment.

(e) Disposal of acquired dwellings

and improvements.

(f) Preferential treatment for

heads of households of Navajo

Tribe evicted from Hopi Reservation by judicial decision;

restriction.

Sec.

(g) Appeals of eligibility determinations.

640d–15. Payment of fair rental value for use of

lands subsequent to date of partition.

(a) Payment by Navajo Tribe.

(b) Payment by Hopi Tribe.

640d–16. Title, possession, and enjoyment of

lands.

(a) Covered lands; jurisdiction of

respective tribes over nonmembers.

(b) Relocation of Federal employees.

640d–17. Actions for accounting, fair value of

grazing, and claims for damages to

land.

(a) Authorization to commence and

defend actions in District

Court.

(b) Defenses.

(c) Further original, ancillary or

supplementary actions to insure quiet enjoyment.

(d) United States as party; judgments as claims against the

United States.

(e) Remedies.

640d–18. Reduction of livestock within joint use

area.

(a) Institution of conservation

practices.

(b) Survey location of monuments

and fencing of boundaries.

(c) Completion of surveying, monumenting, and fencing operations and livestock reduction

program.

640d–19. Perpetual use of Cliff Spring as shrine

for religious ceremonial purposes;

boundary; piping of water for use by

residents.

640d–20. Use and right of access to religious

shrines on reservation of other tribe.

640d–21. Payments not to be considered as income for eligibility under any other

Federal or federally assisted program

or for assistance under Social Security

Act or for revenue purposes.

640d–22. Authorization for exchange of reservation lands; availability of additional

relocation benefits; restrictions.

640d–23. Separability.

640d–24. Authorization of appropriations.

(a) Purposes; amounts.

(b) Availability of sums.

640d–25. Discretionary fund to expedite relocation efforts.

(a) Authorization of appropriations.

(b) Authorized uses.

(c) Funding and construction of

Hopi high school and medical

center.

640d–26. Implementation requirements.

(a) Environmental impact provisions.

(b) Transfer of public lands.

640d–27. Attorney fees, costs and expenses for

litigation or court action.

(a) Payment by Secretary; authorization of appropriations.

(b) Award by court; reimbursement

to Secretary.

(c) Excess difference between

award of court and award of

Secretary treated as final

judgment of Court of Claims.
Page 129 TITLE 25—INDIANS

Sec.

(d) Litigation of court actions applicable.

640d–28. Life estates.

(a) Omitted.

(b) Application for lease; contents;

filing date; extension.

(c) Application groupings.

(d) Number of leases; priorities.

(e) Area; allowable livestock; assistance by Secretary in feeding livestock.

(f) Individuals permitted to reside;

regulations.

(g) Termination.

(h) Relocation benefits upon voluntary relinquishment; compensation upon death of life

tenant or surviving spouse;

relocation of dependents.

(i) Payment of fair market rental

value.

(j) Improvements.

(k) Additional leases for Hopi heads

of household.

640d–29. Restrictions on lobbying; exception.

640d–30. Navajo Rehabilitation Trust Fund.

(a) Establishment.

(b) Deposit of income into Fund.

(c) Secretary as trustee; investment of funds.

(d) Availability of funds; purposes.

(e) Conceptual framework for expenditure of funds.

(f) Termination of Trust Fund.

(g) Authorization of appropriations; reimbursement of General Fund.

640d–31. Residence of families eligible for relocation assistance.

SUBCHAPTER XXIII—HOPI TRIBE: INDUSTRIAL

PARK

641. Congressional findings and declaration

of purpose

642. Powers of Tribal Council.

(a) Sale of lands.

(b) Mortgages or deeds of trust; law

governing mortgage foreclosure or sale; United States

as party; removal of cases; appeals.

(c) Pledge of revenue or other income to secure indebtedness

for development of park; law

governing action to enforce

pledge; United States as

party.

(d) Issuance of bonds and payment

of costs thereof; sale of bonds

at public or private sale.

(e) Appointment of bank or trust

company as trustee for purposes of authorization and

creation of issue of bonds; authority to commence action

to enforce obligations to tribe

without joining United States

as party.

(f) Entering business ventures as

shareholder, or as limited

partner with corporation,

firm or person operating within park.

(g) Lease of lands and improvements thereon.

643. Council’s powers subject to approval by

Secretary.

Sec.

644. Bonds as valid and binding obligations.

645. Exemption from taxation.

646. Exempted securities.

SUBCHAPTER XXIV—HUALAPAI TRIBE

647. Disposition of judgment fund; deductions; advances, expenditures, investments or reinvestments for authorized

purposes.

648. Tax exemption.

649. Rules and regulations.

SUBCHAPTER XXV—INDIANS OF CALIFORNIA

651. ‘‘Indians of California’’ defined.

652. Claims against United States for appropriated lands; submission to United

States Court of Federal Claims; appeal;

grounds for relief.

653. Statutes of limitations unavailable

against claims; amount of decree; setoff.

654. Claims presented by petition; filing date;

amendment; signature and verification; official letters, documents, etc.,

furnished.

655. Reimbursement of State of California for

necessary costs and expenses.

656. Judgment amount deposited in Treasury

to credit of Indians; interest rate; use

of fund.

657. Revision of roll of Indians.

658. Distribution of $150 from fund to each

enrolled Indian.

659. Distribution of judgment fund.

(a) Preparation of Indian roll.

(b) Contents.

(c) Application for enrollment.

660. Equal share distribution of 1964 appropriation.

(a) Persons covered; amounts.

(b) Persons excepted.

661. Equal share distribution of undistributed

balance of 1945 appropriation.

(a) Persons covered; amounts.

(b) Credit to judgment account.

662. Heirs of deceased enrollees; tax exemption.

663. Rules and regulations; filing deadline.

SUBCHAPTER XXVI—SOUTHERN UTE INDIAN

TRIBE OF COLORADO

668. Sale of lands held by the United States.

669. Use of sale proceeds for purchase of real

property only.

670. Mortgage or deed of trust of lands sold;

United States as party to all proceedings.

SUBCHAPTER XXVII—UTE INDIANS OF UTAH

671. Use of funds of the Ute Indian Tribe of

the Uintah and Ouray Reservation for

expenditure and per capita payments;

regulations applicable to loans; restriction on attorney fees.

672. Division of trust funds; ratification of

resolution; crediting of shares; release

of United States from liability in certain cases.

673. Repealed.

674. Use of funds of the Ute Mountain Tribe

of the Ute Mountain Reservation for

expenditure and per capita payments;

taxation of lands and funds; regulations applicable to loans.

675. Restriction on payment of funds for

agents’ or attorneys’ fees.

676. Use of funds of Southern Ute Tribe of

Southern Ute Reservation for expenditure and per capita payments; regulations applicable to loans.
TITLE 25—INDIANS Page 130

Sec.

676a. Distribution of judgment fund.

676b. Distribution of judgment fund; deductions; availability for certain uses.

676b–1. Tax exemption.

SUBCHAPTER XXVIII—UTE INDIANS OF UTAH:

DISTRIBUTION OF ASSETS BETWEEN MIXEDBLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL SUPERVISION OVER

PROPERTY OF MIXED-BLOOD MEMBERS

677. Purpose.

677a. Definitions.

677b. Method of determining Ute Indian blood.

677c. Transfer of members from full-blood roll

to mixed-blood group; time; certification by Secretary.

677d. Restriction of tribe to full-blood members after publication of final rolls;

non-interest of mixed-blood members;

new membership.

677e. Organization of mixed-blood members;

constitution and bylaws; representatives; actions in absence of organization.

677f. Employment of legal counsel for mixedblood members; fees.

677g. Membership rolls of full-blood and

mixed-blood members; preparation and

initial publication; appeal from inclusion or omission from rolls; finality of

determination; final publication; inheritable interest; future membership.

677h. Sale or other disposition of certain described lands; funds; relief of United

States from liability; assigned lands.

677i. Division of assets; basis; prior alienation

or encumbrance; partition by Secretary upon nonagreement; assistance;

management of claims and rights; division of net proceeds; applicability of

usual processes of the law to originally

owned stock of corporate representative and to corporate distributions.

677j. Advances or expenditures from tribal

funds; restrictions on mixed-blood

group until adoption of plan for terminating supervision.

677k. Adjustment of debts in making per capita payments to mixed-blood members;

execution of mortgages on property.

677l. Distribution to individual members of

mixed-blood group; preparation and approval of plan; assistance; provisions

permitted in plan.

677m. Procedure by Secretary if distribution

not completed within seven years from

August 27, 1954.

677n. Disposal by mixed-blood members of

their individual interests in tribal assets; requisites and conditions.

677o. Termination of restrictions on individually owned property of the mixedblood group.

(a) Transfer of control of trust

property; removal of sales restrictions.

(b) Partition or sale by Secretary

prior to removal of restrictions.

677p. Tax exemption; exceptions and time limits; valuation for income tax on gains

or losses.

677q. Applicability of decedents’ estates laws

to individual trust property of mixedblood members.

677r. Indian claims unaffected.

677s. Valid leases, permits, liens, etc., unaffected.

677t. Water rights.

Sec.

677u. Protection of minors, persons non

compos mentis, and other members

needing assistance; guardians.

677v. Termination of Federal trust; publication; termination of Federal services;

application of Federal and State laws.

677w. Presentation of development program

for full-blood group to eventually terminate Federal supervision.

677x. Citizenship status unaffected.

677y. Execution by Secretary of patents,

deeds, etc.

677z. Rules and regulations; tribal or group

referenda.

677aa. Procedure by Secretary upon non-agreement between mixed-blood and fullblood groups.

SUBCHAPTER XXIX—RED LAKE BAND OF

CHIPPEWA INDIANS OF MINNESOTA

681. Per capita payment to tribal members;

rules and regulations.

682. Payment free of liens or claims.

683. Payments not ‘‘other income and resources’’.

684. Per capita payment to tribal members;

installments; rules and regulations.

685. Payment free of liens or claims.

686. Payments not ‘‘other income and resources’’.

687. Per capita payment to tribal members;

rules and regulations.

688. Payment free of liens or claims.

689. Payments not ‘‘other income and resources’’.

690. Distribution of judgment fund; tax exemption of per capita payments.

SUBCHAPTER XXX—WESTERN OREGON INDIANS:

TERMINATION OF FEDERAL SUPERVISION

691. Purpose.

692. Definitions.

693. Membership roll; preparation and initial

publication; eligibility for enrollment;

appeal from inclusion or omission from

roll; finality of determination; final

publication.

694. Personal property rights; restrictions.

695. Tribal property.

(a) Procedure for transfer.

(b) Property not transferred in accordance with recognized procedure; election to retain

property.

(c) Compensation of agents or attorneys.

(d) Selection of trustees; approval

by Secretary.

696. Individual property.

(a) Transfer of unrestricted control.

(b) Removal of restrictions on sales

or encumbrances; fee simple

title.

(c) Multiple land ownership; partition; sale; election to purchase; unlocated owners.

697. Property of deceased members.

(a) Federal laws not applicable to

probate.

(b) State, etc., laws applicable to

probate.

698. Transfer of federally owned property.

699. Taxes; initial exemption; taxes following

distribution; valuation for capital

gains or losses.

700. Protection of minors, persons non

compos mentis and other members

needing assistance; guardians; other

adequate means.
Page 131 TITLE 25—INDIANS

Sec.

701. Advances or expenditures from tribal

funds.

702. Execution by Secretary of patents,

deeds, etc.

703. Termination of Federal trust.

(a) Publication; termination of

Federal services; application

of Federal and State laws.

(b) Citizenship status unaffected.

(c) Education and training program; purposes; subjects;

transportation; subsistence;

contracts; other education

programs.

704. Omitted.

705. Offset of individual indebtedness; credit.

706. Indian claims unaffected.

707. Valid leases, permits, liens, etc., unaffected.

708. Rules and regulations; tribal referenda.

SUBCHAPTER XXX–A—SILETZ INDIAN TRIBE:

RESTORATION OF FEDERAL SUPERVISION

711. Definitions.

711a. Federal recognition.

(a) Extension; laws applicable; eligibility for Federal services

and benefits.

(b) Restoration of rights and privileges.

(c) Hunting, fishing or trapping

rights and tribal reservations

not restored.

(d) Effect on property rights or obligations, contractual rights

or obligations, or obligations

for taxes.

711b. Membership roll.

(a) Opening; duty of Secretary, Interim Council, and tribal officials.

(b) Prerequisites for inclusion.

(c) Verification of descendancy,

age, and blood; appeal; finality of determination; possession of enrollment records and

materials.

(d) Franchisement.

711c. Interim Council.

(a) Nomination and election of

members; notice; meetings;

ballot requirements; approval

by Secretary.

(b) Powers of Council.

(c) Council vacancies; notice; meeting; election.

711d. Tribal constitution and bylaws.

(a) Election; time and procedure.

(b) Pre-election distribution of proposed constitution and bylaws

and brief impartial description; consultation by Interim

Council with members of

tribe.

(c) Majority vote necessary for

adoption of constitution and

bylaws.

(d) Election of tribal officials provided for in constitution and

bylaws; ballot requirements.

711e. Reservation.

(a) Establishment.

(b) Plan; negotiation with tribe;

approval by tribal officials;

submittal to Congress.

(c) Notification and consultation.

Sec.

(d) Provisions of plan.

(e) Statement.

711f. Rules and regulations.

SUBCHAPTER XXX–B—COW CREEK BAND OF

UMPQUA TRIBE OF OREGON

712. Definitions.

712a. Extension of Federal recognition, rights,

and privileges.

(a) Federal recognition.

(b) Restoration of rights and privileges.

(c) Federal services and benefits.

(d) Effect on property rights and

other obligations.

712b. Organization of tribe.

(a) Organization and organic governing document.

(b) New governing document or

amendments or revisions of

interim governing document;

tribal election.

(c) Approval of new governing document.

(d) Interim governing document

pending approval.

(e) Governing body pending adoption of final document.

712c. Tribal membership.

(a) Membership.

(b) Preparation of membership roll

by Secretary; individuals to

be included.

(c) Regulations governing application process.

(d) Limitation; tribal discretion;

additional requirements.

712d. Rules.

SUBCHAPTER XXX–C—CONFEDERATED TRIBES

OF THE GRAND RONDE COMMUNITY OF OREGON

713. Definitions.

713a. Consideration of Confederated Tribes of

Grand Ronde Community as one tribe.

713b. Restoration of Federal recognition,

rights, and privileges.

(a) Federal recognition.

(b) Restoration of rights and privileges.

(c) Federal services and benefits.

(d) No hunting, fishing or trapping

rights restored.

(e) Effect on property rights and

other obligations.

713c. Interim Council.

(a) Establishment.

(b) Nomination and election of Interim Council members.

(c) Authority and capacity; termination.

(d) Vacancy on Interim Council.

713d. Tribal constitution and bylaws; tribal

governing body.

(a) Adoption of proposed constitution and bylaws; election:

time and procedure.

(b) Notice and consultation.

(c) Majority vote for adoption; procedure in event of failure to

adopt proposed constitution.

(d) Election of tribal governing

body.

713e. Membership rolls; voting rights of member.

(a) Membership roll established

and opened.
TITLE 25—INDIANS Page 132

Sec.

(b) Criteria governing eligibility.

(c) Procedures for verification of

eligibility.

(d) Voting rights of member.

713f. Establishment of tribal reservation.

(a) Plan for establishment of reservation.

(b) Consultation with State and

local officials required.

(c) Restriction on plan.

(d) Appendix to plan submitted to

the Congress.

713g. Regulations.

SUBCHAPTER XXX–D—CONFEDERATED TRIBES

OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION

714. Definitions.

714a. Extension of Federal recognition, rights,

and privileges.

(a) Federal recognition.

(b) Restoration of rights and privileges.

(c) Hunting, fishing, or trapping

rights not granted or restored.

(d) Effect on property rights and

other obligations.

714b. Membership rolls.

(a) Opening; duty of Interim Council and tribal officials.

(b) Criteria for enrollment.

(c) Verification of eligibility for

enrollment; appeal; finality of

determination; possession of

enrollment records and materials.

(d) Franchisement.

714c. Interim Council.

714d. Tribal constitution and bylaws.

(a) Election; time and procedure.

(b) Preelection distribution of proposed constitution and bylaws

and brief, impartial description; consultation by Interim

Council with members of

Tribe.

(c) Majority vote necessary for

adoption of constitution and

bylaws.

(d) Election of tribal officials provided for in constitution and

bylaws; ballot requirements.

714e. Reservation.

(a) Establishment.

(b) Legal description.

(c) State of Oregon; criminal and

civil jurisdiction.

714f. Regulations.

SUBCHAPTER XXX–E—COQUILLE INDIAN TRIBE

OF OREGON: RESTORATION OF FEDERAL SUPERVISION

715. Definitions.

715a. Restoration of Federal recognition,

rights, and privileges.

(a) Federal recognition.

(b) Restoration of rights and privileges.

(c) Federal services and benefits.

(d) Hunting, fishing, trapping, and

water rights.

(e) Indian Reorganization Act applicability.

(f) Certain rights not altered.

715b. Economic development.

Sec.

(a) Plan for economic development.

(b) Restrictions to be contained in

plan.

715c. Transfer of land to be held in trust.

(a) Lands to be taken in trust.

(b) Lands to be part of reservation.

(c) Lands to be nontaxable.

(d) Creation of Coquille Forest.

715d. Criminal and civil jurisdiction.

715e. Membership rolls.

(a) Compilation of tribal membership roll.

(b) Criteria for enrollments.

(c) Conclusive proof of Coquille ancestry and degree of Indian

blood quantum.

715f. Interim government.

715g. Tribal constitution.

(a) Election; time and procedure.

(b) Election of tribal officials; procedures.

SUBCHAPTER XXXI—ALABAMA AND COUSHATTA

INDIANS OF TEXAS: TERMINATION OF FEDERAL SUPERVISION

721. Transfer of property to Texas.

722. Termination of Federal trust; publication; termination of Federal services;

admission to hospitals and schools.

723. Termination of Federal powers over

tribe.

724. Cancellation of indebtedness.

725. Revocation of corporate charter.

726. Applicability of Federal and State laws.

727. Citizenship status unaffected.

728. Protection of Alabama and Coushatta Indians and conservation of resources

after issuance of proclamation.

SUBCHAPTER XXXI–A—ALABAMA AND

COUSHATTA INDIAN TRIBES OF TEXAS: RESTORATION OF FEDERAL SUPERVISION

731. Definitions.

732. Alabama and Coushatta Indian Tribes of

Texas considered as one tribe.

733. Restoration of Federal trust relationship; Federal services and assistance.

(a) Federal trust relationship.

(b) Restoration of rights and privileges.

(c) Federal benefits and services.

(d) Effect on property rights and

other obligations.

734. State and tribal authority.

(a) State authority.

(b) Current constitution and bylaws to remain in effect.

(c) Authority and capacity of Tribal Council.

735. Adoption of new constitution and bylaws.

736. Provisions relating to tribal reservation.

(a) Federal reservation established.

(b) Conveyance of land by State.

(c) Conveyance of land by tribe.

(d) Approval of deed by Attorney

General.

(e) Permanent improvements authorized.

(f) Civil and criminal jurisdiction

within reservation.

737. Gaming activities.

(a) In general.

(b) No State regulatory jurisdiction.

(c) Jurisdiction over enforcement

against members.
Page 133 TITLE 25—INDIANS

Sec.

SUBCHAPTER XXXII—PAIUTE INDIANS OF UTAH:

TERMINATION OF FEDERAL SUPERVISION

741. Purpose.

742. Definitions.

743. Membership roll; preparation and initial

publication; appeal from inclusion or

omission from roll; finality of determination; final publication.

744. Personal property rights; restrictions.

745. Tribal property.

(a) Procedure for transfer; compensation of agents or attorneys.

(b) Property not transferred in accordance with recognized procedure.

(c) Selection of trustees; approval

by Secretary; election to retain property.

(d) Reservation of subsurface

rights.

746. Individual property.

(a) Transfer of unrestricted control.

(b) Removal of restrictions on sales

or encumbrances; fee simple

title.

(c) Multiple land ownership; partition; sale; election to purchase; unlocated owner.

747. Property of deceased members.

(a) Federal laws inapplicable to

probate.

(b) State, etc., laws applicable to

probate.

748. Transfer of federally owned property.

749. Taxes; initial exemption; taxes following

distribution; valuation for capital

gains and losses.

750. Indian claims unaffected.

751. Valid leases, permits, liens, etc., unaffected.

752. Water rights.

753. Protection of minors, persons non

compos mentis and other members

needing assistance; guardians; other

adequate means.

754. Advances or expenditures from tribal

funds.

755. Execution by Secretary of patents,

deeds, etc.

756. Cancellation of indebtedness.

757. Termination of Federal trust.

(a) Publication; termination of

Federal services; application

of Federal and State laws.

(b) Citizenship status unaffected.

758. Status of Tribes.

(a) Revocation of corporate charter.

(b) Termination of Federal power.

759. Rules and regulations; tribal referenda.

760. Education and training program; purposes; subjects; transportation; subsistence; contracts; other education

programs.

SUBCHAPTER XXXII–A—PAIUTE INDIANS OF

UTAH: RESTORATION OF FEDERAL SUPERVISION

761. Definitions.

762. Federal restoration of supervision.

(a) Trust relationship restored or

confirmed; statutory provisions applicable; eligibility

for Federal services and benefits.

(b) Restoration of rights and privileges.

Sec.

(c) Hunting, fishing, or trapping

rights not restored.

(d) Effect on property rights or obligations, contractual rights

or obligations, or obligations

for taxes.

763. Membership roll.

(a) Opening; establishment of accuracy.

(b) Prerequisites for inclusion.

(c) Verification of descendancy,

age, and blood; procedures applicable.

(d) Participation in elections and

voting rights.

764. Interim Council.

(a) Nomination and election of

members; notice; meetings;

ballot requirements; approval

by Secretary.

(b) Powers and authorities.

(c) Vacancies; notice; meeting;

election.

765. Tribal constitution and bylaws.

(a) Election; time and preconditions.

(b) Pre-election duties and functions of Interim Council.

(c) Majority vote for adoption.

(d) Election of tribal officials pursuant to constitution and bylaws; ballot requirements.

766. Tribal reservation.

(a) Transfer of real property to

Secretary; existing rights applicable and status of property subsequent to transfer;

taxation.

(b) Exercise of civil and criminal

jurisdiction by Utah.

(c) Plan for enlargement of reservation; negotiation; development; scope and approval.

(d) Notification and consultative

requirements for enlargement

plan.

(e) Contents of enlargement plan.

(f) Statement appended to enlargement plan respecting implementation of notification and

consultative requirements.

767. Legal claims barred for lands lost

through tax or other sales since September 1, 1954.

768. Rules and regulations.

SUBCHAPTER XXXIII—INDIAN TRIBES OF

OREGON

771. Enrollment of descendants; determination of eligibility.

772. Per capita payments to tribal members;

tax exemption.

773. Payments.

(a) Enrollees, next of kin, or legatees.

(b) Minors and persons under legal

disability; guardians.

(c) Payments not subject to debts;

time limits.

774. Costs.

775. Rules and regulations.

SUBCHAPTER XXXIV—CREEK NATION OF

INDIANS

781. Distribution of funds.

(a) Allotment equalization payments.
TITLE 25—INDIANS Page 134

Sec.

(b) Per capita payments to enrollees, heirs, or legatees.

(c) Judgment payments.

782. Payment to heirs or legatees.

(a) Laws governing.

(b) Proof of death and heirship or

bequest.

783. Payments to minors or persons under

legal disability; liens, exception; tax

exemption.

784. Appropriations.

785. Rules and regulations.

786. Credit of unclaimed and unpaid share of

funds.

787. Advances or expenditures from tribal

funds.

788. Federal trust upon escheat of estates of

members dying intestate without

heirs.

788a. Disposition of judgment funds; preparation of Indian roll; eligibility.

788b. Distribution of funds; tax exemption;

equal shares.

788c. Heirs of deceased enrollees.

788d. Rules and regulations.

788e. Disposition of judgment funds.

(a) Preparation of Indian roll; eligibility.

(b) Applications for enrollment.

788f. Distribution of funds; tax exemption;

equal shares.

788g. Heirs of deceased enrollees.

788h. Rules and regulations.

SUBCHAPTER XXXV—WYANDOTTE TRIBE OF

OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION

791 to 807. Repealed.

SUBCHAPTER XXXVI—PEORIA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION

821 to 826. Repealed.

SUBCHAPTER XXXVII—OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION

841 to 853. Repealed.

SUBCHAPTER XXXVII–A—WYANDOTTE, PEORIA,

OTTAWA, AND MODOC TRIBES OF OKLAHOMA:

RESTORATION OF FEDERAL SUPERVISION

861. Federal recognition of Wyandotte, Ottawa, and Peoria Tribes.

(a) Extension or confirmation.

(b) Repeal of provisions terminating Federal supervision.

(c) Tribal rights and privileges; reinstatement and continuation.

(d) Continuation of property or

contractual rights or obligations and tax obligations.

861a. Organization of tribes.

(a) Modoc Tribe; extension of Federal recognition and assistance; applicability of provisions relating to Klamath

Tribe; membership requirements.

(b) Ottawa and Peoria Tribes; extension of Federal assistance.

(c) Wyandotte Tribe; confirmation

of validity of organization and

continuation.

861b. Restoration of supervision as fulfilling

other Federal statutory requirements.

Sec.

(a) Wyandotte, Peoria, and Ottawa

Tribes; right or interest in

tribal land.

(b) Modoc Tribe; right or interest

in tribal land.

(c) Modoc Tribe; publication of notice in Federal Register of organization for purposes of

compliance.

861c. Programs and services by United States;

participation in by tribes as result of

return to status as Indians.

SUBCHAPTER XXXVIII—OTOE AND MISSOURIA

INDIANS

871. Membership roll; preparation; eligibility

for enrollment; finality of determination.

872. Per capita distribution to tribal members.

873. Per capita payments.

(a) Enrollees, next of kin or legatees.

(b) Minors and persons under legal

disability.

(c) Payments not subject to debts;

tax exemption.

874. Costs.

875. Rules and regulations.

876. Advances or expenditures from tribal

funds; tax exemption.

SUBCHAPTER XXXIX—INDIANS OF OKLAHOMA

881. Potawatomi Indians; disposition of judgment fund; deductions; advances or expenditures for authorized purposes; tax

exemption.

881a. Trusts and other procedures for protection of minors and persons under legal

disability.

882. Sac and Fox Tribes; disposition of judgment fund; deductions; advances, expenditures, investments, or reinvestments for authorized purposes.

882a. Tax exemption.

883. Osage Tribe; disposition of judgment

fund.

(a) Persons eligible for allotments;

excepted sums.

(b) Education program; advances,

expenditures, etc., for financing such program.

(c) Withdrawal of funds for payment of costs of carrying out

provisions.

883a. Payment of allotments.

(a) Living original allottees.

(b) Distribution to heirs; heirship

determinations; intestate succession; finality of determinations and distributions; reversion of minimal amounts.

(c) Minors and persons under

guardianship; rules and regulations.

883b. Per capita shares; filing claims; reversion of unclaimed shares.

883c. Income tax exemption.

883d. Rules and regulations.

SUBCHAPTER XL—MENOMINEE TRIBE OF WISCONSIN: TERMINATION OF FEDERAL SUPERVISION

891 to 902. Repealed.

SUBCHAPTER XLI—MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF FEDERAL SUPERVISION

903. Definitions.
Page 135 TITLE 25—INDIANS

Sec.

903a. Federal recognition.

(a) Extension; laws applicable.

(b) Repeal of provisions terminating Federal supervision; reinstatement of tribal rights and

privileges.

(c) Continuation of tribal rights

and privileges.

(d) Continuation of property or

contractual rights or obligations and tax obligations.

(e) Grants for services entitled to

upon Federal recognition;

terms and conditions; power

of Menominee Restoration

Committee.

903b. Menominee Restoration Committee.

(a) Nomination and election of

members; time and procedure;

ballot requirements; approval

by Secretary; powers of Committee.

(b) Eligible voters; notice by Secretary of nominating meeting

and election.

(c) Membership roll; opening; revision procedure; prerequisites

for inclusion; possession and

maintenance of enrollment

records and materials; appeal;

finality of determination.

903c. Tribal constitution and bylaws.

(a) Election; time and procedure.

(b) Distribution by Menominee

Restoration Committee prior

to election of proposed constitution and bylaws and brief

impartial description; consultations by Committee with

persons entitled to vote.

(c) Election of tribal officers provided for in constitution and

bylaws; time and procedure

for initial election; subsequent elections governed by

constitution, bylaws and ordinances.

(d) Majority vote necessary for passage and initial election of

tribal governing body; minimum number of voters required to vote.

(e) Revision of time periods pursuant to agreement of Secretary

and Menominee Restoration

Committee.

903d. Transfer of assets of Menominee Enterprises, Inc.

(a) Negotiation and development of

plan for assumption of assets;

submittal of plan to Congress.

(b) Acceptance of assets by Secretary; prerequisites; preexisting rights and obligations in assets; United States

as trustee for land transferred; exemption from taxation for transfer of assets

and assets transferred.

Sec.

(c) Transfer to Secretary of real

property of Menominee Tribe

members; necessity for transfer by Menominee owner or

owners; preexisting rights and

obligations in land; United

States as trustee for land

transferred; exemption from

taxation for transfer of assets

and assets transferred.

(d) Consultation by Secretary and

Menominee Restoration Committee with appropriate State

and local government officials

for nonimpairment of necessary governmental services

upon transfer of assets.

(e) Establishment of local government bodies, etc., by Wisconsin to provide necessary governmental services in Menominee County.

903e. Rules and regulations.

903f. Authorization of appropriations.

SUBCHAPTER XLII—QUAPAW TRIBE:

DISTRIBUTION OF JUDGMENT FUND

911. Membership roll; preparation; eligibility

for enrollment; applications for enrollment; protests; finality of determination.

912. Per capita payments to enrollees, heirs

or legatees; tax exemption.

913. Distribution of shares.

(a) Payments to enrollees, next of

kin, or legatees.

(b) Payments to minors or persons

under legal disability.

914. Costs.

SUBCHAPTER XLIII—CATAWBA TRIBE OF SOUTH

CAROLINA: DIVISION OF ASSETS

931 to 938. Repealed.

SUBCHAPTER XLIII–A—CATAWBA INDIAN TRIBE

OF SOUTH CAROLINA; RESTORATION OF FEDERAL TRUST RELATIONSHIP

941. Declaration of policy, Congressional

findings and purpose.

(a) Findings.

(b) Purpose.

941a. Definitions.

941b. Restoration of Federal trust relationship.

(a) Restoration of Federal trust relationship and approval, ratification, and confirmation of

Settlement Agreement.

(b) Eligibility for Federal benefits

and services.

(c) Repeal of Termination Act.

(d) Effect on property rights and

other obligations.

(e) Extent of jurisdiction.

941c. Settlement funds.

(a) Authorization for appropriation.

(b) Disbursement in accordance

with Settlement Agreement.

(c) Federal, State, local and private contributions held in

trust by Secretary.

(d) Nonpayment of State, local, or

private contributions.

941d. Ratification of prior transfers; extinguishment of aboriginal title, rights

and claims.
TITLE 25—INDIANS Page 136

Sec.

(a) Ratification of transfers.

(b) Aboriginal title.

(c) Extinguishment of claims.

(d) Extinguishment of title.

(e) Bar to future claims.

(f) No derogation of fee simple in

Existing Reservation, or effect on Members’ fee interests.

(g) Costs and attorneys’ fees.

(h) Personal claims not affected.

(i) Federal payment.

(j) State payment.

941e. Base membership roll.

(a) Base membership roll criteria.

(b) Base membership roll notice.

(c) Completion of base membership

roll.

(d) Future membership in Tribe.

941f. Transitional and provisional government.

(a) Future tribal government.

(b) Executive Committee as transitional body.

941g. Tribal constitution and governance.

(a) Indian Reorganization Act.

(b) Adoption of new tribal constitution.

(c) Majority vote for adoption; procedure in event of failure to

adopt proposed constitution.

(d) Election of tribal officers.

(e) Extension of time.

941h. Administrative provisions relating to jurisdiction, taxation, and other matters.

941i. Tribal trust funds.

(a) Purposes of trust funds.

(b) Outside management option.

(c) Transfer of trust funds; exculpation of Secretary.

(d) Land Acquisition Trust.

(e) Economic Development Trust.

(f) Education Trust.

(g) Social Services and Elderly Assistance Trust.

(h) Per Capita Payment Trust

Fund.

(i) Duration of trust funds.

(j) Transfer of money among trust

funds.

(k) Trust fund accounting.

(l) Replacement of investment

management firm and modification of investment management plan.

(m) Trust funds not counted for certain purposes; use as matching funds.

941j. Establishment of Expanded Reservation.

(a) Existing Reservation.

(b) Expanded Reservation.

(c) Expansion zones.

(d) Non-contiguous tracts.

(e) Voluntary land purchases.

(f) Terms and conditions of acquisition.

(g) Authority to erect permanent

improvements on Existing

and Expanded Reservation

land and non-Reservation

land held in trust.

(h) Easements over Reservation.

(i) Jurisdictional status.

Sec.

(j) Sale and transfer of Reservation

lands.

(k) Time limit on acquisitions.

(l) Leases of Reservation lands.

(m) Non-applicability of BIA land

acquisition regulations.

941k. Non-Reservation properties.

(a) Acquisition of non-Reservation

properties.

(b) Authority to dispose of lands.

(c) Restrictions.

941l. Games of chance.

(a) Inapplicability of Indian Gaming Regulatory Act.

(b) Games of chance generally.

941m. General provisions.

(a) Severability.

(b) Interpretation consistent with

Settlement Agreement.

(c) Laws and regulations of United

States.

(d) Eligibility for consideration to

become enterprise zone or

general purpose foreign trade

zone.

(e) General applicability of State

law.

(f) Subsequent amendments to Settlement Agreement or State

Act.

941n. Tax treatment of income and transactions.

SUBCHAPTER XLIV—AGUA CALIENTE (PALM

SPRINGS) RESERVATION OF CALIFORNIA:

EQUALIZATION OF ALLOTMENTS

951. Authority to equalize allotments.

952. Members entitled to allotment; prohibition against further allotments.

953. Lands.

(a) Determination of value of unallotted and allotted lands;

exclusion of deceased allottees’ allotments.

(b) Lands not subject to allotment;

distribution of revenues from

Mineral Springs parcel.

(c) Equalization for living members

by allotment without regard

to acreage limitations; creation of right by selection and

approval; allotments made

subject to laws and regulations.

(d) Portions in airport subject to

allotment unless sold; procedure for sale; payment of sale

proceeds in lieu of allotment.

954. Powers and duties of guardians.

(a) Appointment and continuance

in office; notice to Secretary

of State court proceedings;

appearance.

(b) Management and disposition of

trust property and property

subject to restrictions against

alienation by guardians, conservators, or fiduciaries; approved activities; approval of

activities.

(c) Reports by guardians; failure or

refusal to report; fraudulent,

capricious, arbitrary or grossly erroneous reports; prosecution; appropriate relief.

(d) Delivery to Secretary of money

of property at termination of

fiduciary relationship.
Page 137 TITLE 25—INDIANS

Sec.

(e) Use and disposition of money or

property held in trust by the

United States by the Secretary; consent by competent

Indian; determination of competency; applicability of administrative procedure under

title 5; time and place of hearing; judicial review.

(f) Authority of the Secretary

under other provisions unaffected.

955. Tax exemption.

956. Claims against allotments.

(a) Assignment, sale, hypothecation, attachment or levy

void unless approved.

(b) Liens and lis pendens; legal

services.

957. Allotments deemed full equalization.

958. Organization and transfer of title to

legal entity.

SUBCHAPTER XLV—OMAHA TRIBE:

DISTRIBUTION OF JUDGMENT FUND

961. Membership roll; preparation; eligibility

for enrollment; applications for enrollment; protests; finality of determination.

962. Membership roll; enrollment of children

born after September 14, 1961.

963. Per capita distributions to tribal members; attorneys’ fees and expenses; advances or expenditures from tribal

funds; tax exemption.

964. Distribution of shares.

(a) Payments to enrollees, next of

kin, or legatees.

(b) Payments to minors or persons

under legal disability.

965. Payments not subject to liens, debts, or

claims; exception.

966. Costs.

967. Rules and regulations.

967a. Per capita payments to enrolled tribal

members; use of balance of funds.

967b. Payments to minors and persons under

legal disability; shares under certain

amount to revert to tribe.

967c. Tax exemption.

967d. Rules and regulations.

SUBCHAPTER XLVI—PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL SUPERVISION

971. Membership roll; preparation; eligibility

for enrollment; protests against inclusion or omission from roll; finality of

determination; publication of roll; publication of notice of agreement to division of assets; finality of roll.

972. Personal property rights; restrictions.

973. Distribution of assets.

(a) Tribal assets; time limitation.

(b) Designation of property for

church, park, playground, or

cemetery.

(c) Homesites; market value; improvements.

(d) Sale of assets not selected; bidding.

(e) Proceeds and tribal funds for

payment of tribal debts; distributive share; set off; member purchases of tribal property.

974. Sale of trust lands.

Sec.

(a) Requisite owners’ request; time

limitation; bidding; member

purchases; reservation of mineral rights; representation of

minors, incompetents and

missing owners.

(b) Removal of restrictions; title to

lands.

975. Land surveys and execution of conveyances by Secretary; title of grantee.

976. Indian claims unaffected.

977. Rights, privileges, and obligations under

Nebraska laws unaffected.

978. Taxes; initial exemption; taxes following

distribution; valuation for capital

gains or losses.

979. Expenses; appropriation authorization.

980. Termination of Federal trust; publication; termination of Federal services;

application of Federal and State laws;

citizenship status unaffected.

SUBCHAPTER XLVI–A—PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS AND PRIVILEGES

983. Definitions.

983a. Federal recognition.

983b. Restoration of rights.

(a) Rights abrogated or diminished.

(b) Rights existing prior to restoration.

(c) Acceptance by Secretary of real

property transferred for benefit of Tribe; exemption from

taxation.

(d) Effect on existing rights and obligations.

(e) Reservation status.

983c. Services.

983d. Interim government.

983e. Membership roll.

(a) Accuracy pending adoption of

tribal constitution.

(b) Eligibility pending adoption of

tribal constitution; appeal of

exclusion.

(c) Constitution as governing.

983f. Tribal constitution.

(a) Adoption by secret ballot; absentee balloting.

(b) Election of tribal officials.

(c) Governing body treated as Indian tribal government for

purposes of taxation.

983g. Regulations.

983h. Economic development plan.

(a) Establishment; submittal to

Congress.

(b) Consultation with State and

local officials.

(c) Required provisions.

(d) Statement regarding individuals consulted, and testimony

or comments received by Secretary.

SUBCHAPTER XLVII—CHEROKEE NATION:

DISTRIBUTION OF JUDGMENT FUND

991. Per capita payments to tribal members;

closure of rolls; appropriations; accrued interest; deductions.

992. Payments to adults, heirs or legatees;

shares under certain amounts to revert

to tribe; protection of minors and persons under legal disability.

993. Claims.

(a) Time for filing; reversion of

funds upon failure to file.
TITLE 25—INDIANS Page 138

Sec.

(b) Use of reverted funds.

994. Tax exemption.

995. Payments not subject to liens, debts, or

claims; exception.

996. Payments not ‘‘other income and resources’’.

997. Costs.

998. Rules and regulations.

SUBCHAPTER XLVIII—SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION OF JUDGMENT

FUND

1011. Membership roll; preparation; eligibility

for enrollment; time for filing application; finality of Secretary’s determination.

1012. Authorization to withdraw, prorate and

distribute funds.

1013. Distribution; persons entitled; considerations; tax exemption.

1014. Costs.

1015. Rules and regulations.

SUBCHAPTER XLIX—SHAWNEE TRIBE OR

NATION: DISTRIBUTION OF JUDGMENT FUND

1031. Disposition of funds.

1032. Absentee and Eastern Bands; authorization for use of funds by tribal governing bodies; approval of Secretary of the

Interior.

1033. Cherokee Band; preparation of roll; eligibility for enrollment; rules and regulations.

1034. Cherokee Band; per capita distribution.

1035. Distribution of shares.

(a) Payments to enrollees, next of

kin, or legatees.

(b) Payments to minors or persons

under legal disability.

1036. Taxes.

1037. Costs.

1038. Rules and regulations.

SUBCHAPTER L—TILLAMOOK AND NEHALEM

BANDS OF THE TILLAMOOK INDIANS: DISTRIBUTION OF JUDGMENT FUND

1051. Membership roll; preparation; eligibility

for enrollment; filing of applications;

finality of Secretary’s decision.

1052. Distribution of funds; pro rata basis.

1053. Taxes.

1054. Costs.

1055. Rules and regulations.

SUBCHAPTER LI—CONFEDERATED TRIBES OF

THE COLVILLE RESERVATION: DISTRIBUTION

OF JUDGMENT FUND

1071. Per capita payments to enrolled tribal

members; tax exemption.

1072. Per capita distribution; limitation of

$950 per share.

1073. Tax exemption; payments to minors and

persons under legal disabilities.

SUBCHAPTER LII—QUILEUTE AND HOH TRIBES

OF WASHINGTON: DISTRIBUTION OF JUDGMENT

FUND

1081. Division of funds on basis of tribal membership rolls; advances or expenditures

from tribal funds.

1082. Membership rolls; preparation; eligibility for enrollment; relinquishment

of membership with other tribes.

1083. Quileute base roll.

1084. Hoh base roll.

1085. Tribal organizational document: development and adoption.

1086. Advances or expenditures from tribal

funds.

Sec.

1087. Tax exemption.

1088. Rules and regulations.

SUBCHAPTER LIII—NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND

1101. Membership roll; preparation; eligibility

for enrollment; filing of applications;

finality of determination.

1102. Distribution of funds; persons entitled.

1103. Payments to enrollees, heirs or legatees;

protection of minors and persons under

legal disability; credits of shares under

certain amounts; escheat.

1104. Tax exemption.

1105. Rules and regulations.

SUBCHAPTER LIV—MIAMI INDIANS OF INDIANA

AND OKLAHOMA: DISTRIBUTION OF JUDGMENT

FUND

1111. Distribution and use of funds.

1112. Advances or expenditures from funds of

Miami Tribe of Oklahoma; persons entitled.

1113. Miami Indians of Indiana; membership

roll; preparation; eligibility for enrollment.

1114. Miami Indians of Oklahoma; membership

roll; preparation; eligibility for enrollment.

1115. Applications; place for filing; finality of

determination.

1116. Distribution of funds of Miami Indians of

Indiana; persons entitled.

1117. Distribution of funds of Miami Indians of

Oklahoma; persons entitled.

1118. Distribution of shares.

(a) Payments to enrollees, next of

kin, or legatees.

(b) Payments to minors or persons

under legal disability.

1119. Reserve funds for expenses.

(a) Establishment.

(b) Availability.

1120. Tax exemption; costs.

1121. Rules and regulations.

1122. Payment and distribution of judgment

funds.

1123. Costs.

1124. Revision of enrollment list.

1125. Applications for enrollment.

1126. Equal distribution to individuals enrolled.

1127. Use of appropriated funds; approval by

Secretary on receipt of recommendations from tribal governing body.

1128. Distribution of shares.

(a) Payments to enrollees, next of

kin, or legatees.

(b) Payments to minors or persons

under legal disability.

1129. Tax exemption.

1130. Rules and regulations.

SUBCHAPTER LV—DUWAMISH TRIBE OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND

1131. Membership roll; preparation; eligibility

for enrollment; applications; place for

filing; finality of determination.

1132. Equal share distribution; persons entitled.

1133. Payments to enrollees, heirs, or legatees; protection of minors and persons

under legal disability; escheats.

1134. Tax exemption.

1135. Rules and regulations.

SUBCHAPTER LVI—EMIGRANT NEW YORK

INDIANS: DISTRIBUTION OF JUDGMENT FUND

1141. Distribution of funds; attorney’s fees and

expenses.
Page 139 TITLE 25—INDIANS

Sec.

1142. Membership rolls; Oneida Tribe of Wisconsin; Stockbridge-Munsee Indian

Community of Wisconsin; Brotherton

Indians of Wisconsin.

1143. Assistance of Secretary in preparing

membership rolls; applications for enrollment.

1144. Apportionment; ratio of apportioned

shares.

1145. Disposition of apportioned shares.

1146. Federal and State income taxes.

1147. Rules and regulations.

SUBCHAPTER LVII—UPPER AND LOWER CHEHALIS TRIBES: DISTRIBUTION OF JUDGMENT

FUND

1151. Membership roll; preparation; eligibility

for enrollment; applications; finality

of determination.

1152. Distribution in equal shares.

1153. Payments to minors and persons under

legal disabilities; escheats.

1154. Tax exemption.

1155. Rules and regulations.

SUBCHAPTER LVIII—CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

1161. Authorization for distribution of funds.

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

1163. Payments to enrollees, heirs or legatees;

trust for minors and persons under

legal disability; approval of agreement.

1164. Claims.

(a) Time for filing; reversion of

funds upon failure to file.

(b) Use of reverted funds.

1165. Tax exemption.

1166. Costs.

(a) Payment from judgment fund.

(b) Use of reverted funds.

1167. Rules and regulations.

SUBCHAPTER LIX—IOWA TRIBES OF KANSAS

AND NEBRASKA AND OF OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

1171. Distribution of funds; authorized spending; per capita payment; tax exemption.

SUBCHAPTER LX—DELAWARE NATION OF

INDIANS

1181. Distribution of judgment fund; preparation of Indian roll; eligibility.

1182. Division between Cherokee Delawares

and the Delaware Tribe of Indians of

Western Oklahoma.

1183. Equal share distribution.

1184. Heirs of deceased enrollees.

1185. Tax exemption.

1186. Rules and regulations.

SUBCHAPTER LXI—CONFEDERATED TRIBES OF

UMATILLA RESERVATION: DISTRIBUTION OF

JUDGMENT FUND

1191. Per capita distribution; trusts for minors

and incompetents; payments to heirs

or legatees.

1192. Eligibility for per capita payments.

1193. Status of funds pending distribution.

1194. Per capita distributions as exempt from

taxation.

1195. Disposition of funds withheld from per

capita distribution.

SUBCHAPTER LXII—SIOUX TRIBE OF MONTANA:

DISTRIBUTION OF JUDGMENT FUND

1201. Per capita distributions to tribal members; attorney’s fees, expenses, and

other deductions; eligibility of members.

Sec.

1202. Per capita shares; reversion to tribe; use

of reverted funds.

1203. Protection of minors and persons under

legal disability.

1204. Tax exemption.

1205. Amount of agreed contribution to joint

account for expenditure for official salaries and expenses of Fort Peck Tribes;

discretionary per capita distributions.

SUBCHAPTER LXIII—TLINGIT AND HAIDA

INDIANS OF ALASKA

1211. Distribution of fund; authorized spending; tax exemption.

1212. Findings.

1213. Reaffirmation of tribal status.

1214. Disclaimer.

(a) In general.

(b) Constitution of Central Council

of Tlingit and Haida Indian

Tribes of Alaska.

1215. Prohibition against duplicative services.

SUBCHAPTER LXIV—CONFEDERATED TRIBES OF

WEAS, PIANKASHAWS, PEORIAS, AND

KASKASKIAS: DISTRIBUTION OF JUDGMENT

FUND

1221. Membership roll.

(a) Preparation; eligibility for enrollment.

(b) Applications; finality of determination.

1222. Disposition of funds: improvement and

maintenance of Peoria Indian Cemetery; distribution of balance in equal

shares.

1223. Distribution of shares.

(a) Payments to enrollees, next of

kin, or legatees.

(b) Payments to minors or persons

under legal disability.

1224. Subsequent judgment funds; distribution; preparation of current membership roll.

1225. Tax exemption.

1226. Shares not distributed within two years;

unexpended funds; reversion; bar of

claims.

1227. Rules and regulations.

SUBCHAPTER LXV—CHEMEHUEVI TRIBE:

DISTRIBUTION OF JUDGMENT FUND

1231. Persons eligible for equal share payments.

1232. Enrollment.

(a) Preparation of roll; applications; finality of determination.

(b) Dual awards.

1233. Payments to enrollees; per capita shares

to heirs or legatees; trusts and other

procedures for protection of minors

and persons under legal disability.

1234. Tax exemption.

1235. Identity of eligibility roll and membership roll.

1236. Costs.

SUBCHAPTER LXVI—PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF JUDGMENT

FUND

1241. Distribution of funds; attorney fees and

expenses.

1242. Membership rolls; preparation; eligibility; excluded persons.

1243. Enrollment applications; filing; finality

of determination.
TITLE 25—INDIANS Page 140

Sec.

1244. Apportionment of funds; members and

descendents of Minnesota Chippewa

Tribe, the Turtle Mountain Band of

Chippewas of North Dakota, the Chippewa-Cree Tribe of Montana.

1245. Use of funds apportioned; approval by

Secretary on receipt of recommendations from certain tribal organizations.

1246. Tax exemption.

1247. Payments to enrollees, heirs, or legatees; protection of the interests of minors and persons under legal disability.

1248. Rules and regulations.

SUBCHAPTER LXVII—CONFEDERATED SALISH

AND KOOTENAI TRIBES OF THE FLATHEAD

RESERVATION, MONTANA: DISTRIBUTION OF

JUDGMENT FUND

1251. Distribution of funds; attorney fees and

expenses.

1252. Tax exemption.

1253. Payments to minors.

SUBCHAPTER LXVIII—BLACKFEET AND GROS

VENTRE TRIBES: DISTRIBUTION OF JUDGMENT

FUND

1261. Distribution of funds; attorney fees and

expenses.

1262. Membership roll; per capita distribution;

minors.

1263. Use of funds; authorization and approval.

1264. Tax exemption; Social Security eligibility.

1265. Rules and regulations.

SUBCHAPTER LXIX—JICARILLA APACHE TRIBE:

DISTRIBUTION OF JUDGMENT FUND

1271. Disposition of judgment funds.

1272. Protection of minors and persons under

legal disability.

1273. Tax exemption.

1274. Rules and regulations.

SUBCHAPTER LXX—HAVASUPAI TRIBE OF

ARIZONA: DISTRIBUTION OF JUDGMENT FUND

1281. Disposition of funds.

1282. Tax exemption.

1283. Payments to adults; trusts for minors

and persons under legal disability.

1284. Rules and regulations.

SUBCHAPTER LXXI—DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

1291. Disposition of funds.

1292. Membership roll requirements.

1293. Applications for enrollment; filing date

and place; notice and appeal of rejections; review.

1294. Apportionment, credit, and disposition

of funds.

(a) Authority of Secretary.

(b) Manner of payment.

1295. Payments to adults; trusts for minors

and persons under legal disability.

1296. Income tax exemption.

1297. Rules and regulations.

SUBCHAPTER LXXII—YAVAPAI APACHE TRIBE

OF ARIZONA: DISTRIBUTION OF JUDGMENT

FUND

1300. Distribution of funds; attorney fees and

expenses.

1300a. Percentage of funds for Payson Indian

Band.

1300a–1. Membership roll; preparation; eligibility

for enrollment; verification; approval.

1300a–2. Apportionment of funds; advances, expenditures, investments, or reinvestments; utilization of funds for Payson

Band.

Sec.

1300a–3. Tax exemption; trusts and other procedures for protection of minors and persons under legal disability.

1300a–4. Rules and regulations.

SUBCHAPTER LXXIII—KICKAPOO INDIANS OF

KANSAS AND OKLAHOMA: DISTRIBUTION OF

JUDGMENT FUND

1300b. Disposition of judgment funds; division

of funds on basis of tribal membership

rolls; net tribal credits.

1300b–1. Distribution of shares.

(a) Per capita shares to tribal

members.

(b) Use of balance for advances, etc.

1300b–2. Approval of plans for use of money after

submission to Congressional committees.

1300b–3. Per capital payments; trusts and other

procedures for protection of minors

and persons under legal disability.

1300b–4. Tax exemption.

1300b–5. Rules and regulations.

SUBCHAPTER LXXIII–A—TEXAS BAND OF

KICKAPOO INDIANS

1300b–11. Congressional findings and declaration

of policy.

(a) Findings.

(b) Declarations.

1300b–12. Definitions.

1300b–13. Band roll.

(a) Establishment; publication in

Federal Register.

(b) Report to Congress.

(c) Citizenship for applicants.

(d) Border crossing, living and

working rights.

1300b–14. Land acquisition.

(a) Statutory provisions applicable.

(b) Authority of Secretary.

1300b–15. Jurisdiction.

1300b–16. Provision of Federal Indian services.

(a) Eligibility for Federal Indian

services.

(b) Cooperation with Mexican Government and joint funding

agreements for meeting special agricultural needs of the

Band.

SUBCHAPTER LXXIV—YANKTON SIOUX TRIBE:

DISTRIBUTION OF JUDGMENT FUND

1300c. Distribution of funds; attorney fees and

expenses.

1300c–1. Funds for expert witnesses and programing needs.

1300c–2. Membership roll; preparation; tribal constitutional requirements.

1300c–3. Per capita distributions to tribal members; advances, expenditures, investments, or reinvestments for authorized

purposes; trusts and other procedures

for protection of minors and persons

under legal disability.

1300c–4. Tax exemption.

1300c–5. Rules and regulations.

SUBCHAPTER LXXV—MISSISSIPPI SIOUX TRIBES:

DISTRIBUTION OF JUDGMENT FUND

1300d. Distribution of funds; attorney fees and

expenses.

1300d–1. Lower Council Sioux.

(a) Membership rolls; applications.

(b) Roll of lineal descendants; applications.

1300d–2. Apportionment of funds; deposit in

United States Treasury; per capita

shares; advances, deposits, expenditures, investments, or reinvestments

for approved purposes.
Page 141 TITLE 25—INDIANS

Sec.

1300d–3. Upper Council Sioux.

(a) Membership rolls; applications.

(b) Roll of lineal descendants; applications.

1300d–4. Apportionment of funds.

(a) Basis of apportionment.

(b) Deposit in United States Treasury; per capita shares; advances, deposits, expenditures, investments, or reinvestments for approved purposes; programing proposals.

(c) Per capita distribution to enrollees.

1300d–5. Citizenship requirement.

1300d–6. Election of group for enrollment.

1300d–7. Protection of minors and persons under

legal disability.

1300d–8. Income tax exemption.

1300d–9. Rules and regulations.

1300d–10. Authority to settle action.

SUBCHAPTER LXXVI—ASSINIBOINE TRIBES OF

MONTANA: DISTRIBUTION OF JUDGMENT FUND

1300e. Disposition of funds; percentage basis for

division; attorney fees and expenses.

1300e–1. Per capita shares to members of Assiniboine Tribe of Fort Peck Reservation;

deductions; eligibility for payments.

1300e–2. Expenditure of withheld funds for certain salaries and expenses; additional

per capita distributions.

1300e–3. Per capita shares to members of Assiniboine Tribe of Fort Belknap Reservation; deductions; eligibility for payments.

1300e–4. Expenditure of withheld funds for authorized purposes; community

projects; additional per capita distributions.

1300e–5. Per capita shares; reversion to tribe.

1300e–6. Income tax exemption; protection of minors and persons under legal disability.

1300e–7. Rules and regulations.

SUBCHAPTER LXXVII—PASCUA YAQUI TRIBE

1300f. Status of Pascua Yaqui Indian people.

(a) Eligibility for services and assistance.

(b) Administration of lands; application of other laws.

(c) Receipt in trust by United

States of land for Pascua

Yaqui Tribe; criminal and

civil jurisdiction.

1300f–1. Tribal constitution and bylaws; review

by Secretary; publication of documents and membership roll in Federal

Register.

1300f–2. Membership of Tribe.

1300f–3. Study.

(a) In general.

(b) Tribal participation.

(c) Report.

(d) Authorization of appropriations.

SUBCHAPTER LXXVIII—YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL SUPERVISION

1300g. Definitions.

1300g–1. Redesignation of tribe.

1300g–2. Restoration of Federal trust relationship; Federal services and assistance.

(a) Federal trust relationship.

(b) Restoration of rights and privileges.

(c) Federal services and benefits.

Sec.

(d) Effect on property rights and

other obligations.

1300g–3. State and tribal authority.

(a) State authority.

(b) Tribal authority.

1300g–4. Provisions relating to tribal reservation.

(a) Federal reservation established.

(b) Conveyance of land by State.

(c) Conveyance of land by tribe.

(d) Approval of deed by Attorney

General.

(e) Permanent improvements authorized.

(f) Civil and criminal jurisdiction

within reservation.

(g) Acquisition of land by tribe

after August 18, 1987.

1300g–5. Tiwa Indians Act repealed.

1300g–6. Gaming activities.

(a) In general.

(b) No State regulatory jurisdiction.

(c) Jurisdiction over enforcement

against members.

1300g–7. Tribal membership.

(a) In general.

(b) Removal from tribal roll.

SUBCHAPTER LXXIX—LAC VIEUX DESERT BAND

OF LAKE SUPERIOR CHIPPEWA INDIANS

1300h. Congressional findings.

1300h–1. Definitions.

1300h–2. Federal trust relationship.

1300h–3. Establishment of a Band roll.

(a) Submission of membership roll.

(b) Eligibility.

(c) Maintenance of roll.

(d) Future eligibility.

1300h–4. Organization of tribe; constitution and

governing body.

(a) Governing document.

(b) Interim governing document.

(c) Interim governing body.

1300h–5. Land acquisition; establishment of Federal reservation.

1300h–6. Distribution of funds.

1300h–7. Constitutional amendment.

1300h–8. Compliance with Budget Act.

SUBCHAPTER LXXX—HOOPA-YUROK

SETTLEMENT

1300i. Short title and definitions.

(a) Short title.

(b) Definitions.

1300i–1. Reservations; partition and additions.

(a) Partition of the joint reservation.

(b) Hoopa Valley Reservation.

(c) Yurok Reservation.

(d) Boundary clarifications or corrections.

(e) Management of the Yurok Reservation.

(f) Criminal and civil jurisdiction.

1300i–2. Preservation of Short cases.

1300i–3. Hoopa-Yurok Settlement Fund.

(a) Establishment.

(b) Distribution; investment.

(c) Hoopa Valley Tribe portion.

(d) Yurok Tribe portion.

(e) Federal share.

1300i–4. Hoopa-Yurok Settlement Roll.

(a) Preparation; eligibility criteria.

(b) Right to apply; notice.
TITLE 25—INDIANS Page 142

Sec.

(c) Application deadline.

(d) Eligibility determination; final

roll.

(e) Effect of exclusion from roll.

1300i–5. Election of settlement options.

(a) Notice of settlement options.

(b) Hoopa tribal membership option.

(c) Yurok tribal membership option.

(d) Lump sum payment option.

1300i–6. Division of Settlement Fund remainder.

1300i–7. Hoopa Valley Tribe; confirmation of

status.

1300i–8. Recognition and organization of the

Yurok Tribe.

(a) Yurok Tribe.

(b) Interim Council; establishment.

(c) General council; election of Interim Council.

(d) Interim Council; authorities

and dissolution.

(e) Organization of Yurok Tribe.

1300i–9. Economic development.

(a) Plan for economic self-sufficiency.

(b) Consultation with State and

local officials required.

(c) Restrictions to be contained in

plan.

(d) Appendix to plan submitted to

Congress.

1300i–10. Special considerations.

(a) Estate for Smokers family.

(b) Rancheria merger with Yurok

Tribe.

(c) Preservation of leasehold and

assignment rights of rancheria residents.

1300i–11. Limitations of actions; waiver of claims.

(a) Claims against partition of

joint reservation.

(b) Limitations on claims.

(c) Report to Congress.

SUBCHAPTER LXXXI—POKAGON BAND OF

POTAWATOMI INDIANS

1300j. Findings.

1300j–1. Federal recognition.

1300j–2. Services.

1300j–3. Tribal membership.

1300j–4. Constitution and governing body.

(a) Constitution.

(b) Officials.

1300j–5. Tribal lands.

1300j–6. Service area.

1300j–7. Jurisdiction.

1300j–7a. Membership list.

(a) List of members as of September 1994.

(b) List of individuals eligible for

membership.

1300j–8. Definitions.

SUBCHAPTER LXXXII—LITTLE TRAVERSE BAY

BANDS OF ODAWA INDIANS; LITTLE RIVER

BAND OF OTTAWA INDIANS

1300k. Findings.

1300k–1. Definitions.

1300k–2. Federal recognition.

(a) Federal recognition.

(b) Federal services and benefits.

1300k–3. Reaffirmation of rights.

(a) In general.

(b) Existing rights of Bands.

Sec.

1300k–4. Transfer of land for benefit of Bands.

(a) Little Traverse Bay Bands.

(b) Little River Band.

(c) Additional lands.

(d) Reservation.

1300k–5. Membership.

1300k–6. Constitution and governing body.

(a) Constitution.

(b) Officials.

1300k–7. Membership list.

(a) List of present membership.

(b) List of individuals eligible for

membership.

SUBCHAPTER LXXXIII—AUBURN INDIAN

RESTORATION

1300l. Restoration of Federal recognition,

rights, and privileges.

(a) Federal recognition.

(b) Restoration of rights and privileges.

(c) Federal services and benefits.

(d) Hunting, fishing, trapping, and

water rights.

(e) Indian Reorganization Act applicability.

(f) Certain rights not altered.

1300l–1. Economic development.

(a) Plan for economic development.

(b) Restrictions.

1300l–2. Transfer of land to be held in trust.

(a) Lands to be taken in trust.

(b) Former trust lands of Auburn

Rancheria.

(c) Lands to be part of reservation.

1300l–3. Membership rolls.

(a) Compilation of tribal membership roll.

(b) Criteria for enrollments.

(c) Conclusive proof of United Auburn Indian Community ancestry.

1300l–4. Interim government.

1300l–5. Tribal constitution.

(a) Election; time and procedure.

(b) Election of tribal officials; procedures.

1300l–6. Definitions.

1300l–7. Regulations.

SUBCHAPTER LXXXIV—PASKENTA BAND OF

NOMLAKI INDIANS OF CALIFORNIA

1300m. Definitions.

1300m–1. Restoration of Federal recognition,

rights, and privileges.

(a) Federal recognition.

(b) Restoration of rights and privileges.

(c) Federal services and benefits.

(d) Hunting, fishing, trapping, and

water rights.

(e) Indian Reorganization Act applicability.

(f) Certain rights not altered.

1300m–2. Economic development.

(a) Plan for economic development.

(b) Restrictions.

1300m–3. Transfer of land to be held in trust.

(a) Lands to be taken in trust.

(b) Lands to be part of reservation.

1300m–4. Membership rolls.

(a) Compilation of tribal membership roll.

(b) Criteria for membership.
Page 143 TITLE 25—INDIANS § 443b

Sec.

(c) Conclusive proof of Paskenta

Indian ancestry.

1300m–5. Interim government.

1300m–6. Tribal constitution.

(a) Election; time and procedure.

(b) Election of tribal officials; procedures.

1300m–7. General provision.

SUBCHAPTER I—GENERAL PROVISIONS

§ 441. Repealed. Pub. L. 96–277, § 2, June 17, 1980,

94 Stat. 545

Section, act June 19, 1939, ch. 210, 53 Stat. 840, recognized right of Indian employees of the Federal Government to Indian benefits available under Acts of Congress, and under regulations of the Secretary of the Interior, to be members of Indian tribes, corporations, or

cooperative associations organized by Indians and recipients of benefits by reason of membership.

EFFECTIVE DATE OF REPEAL

Section repealed sixty days after June 17, 1980, see

section 4 of Pub. L. 96–277, set out as a note under section 68 of this title.

§ 442. Livestock loans; cash settlements

All acceptances of cash settlements by the

Commissioner of Indian Affairs for livestock

lent by the United States to any individual Indian, or to any tribe, association, corporation,

or other group of Indians, and all sales and relending of livestock repaid in kind to the United

States on account of such loans are authorized

and ratified: Provided, That on and after May 24,

1950, the value of such livestock for the purposes

of any such cash settlement shall be based on

prevailing market prices in the area and shall be

ascertained by a committee composed of three

members, one of whom shall be selected by the

superintendent of the particular agency, one of

whom shall be selected by the chairman of the

tribal council, and one of whom shall be selected

by the other two members.

(May 24, 1950, ch. 197, §1, 64 Stat. 190.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1461 of this title.

§ 443. Disposition of cash settlements

Any moneys received on and after May 24,

1950, in settlement of such debts or from the sale

of livestock so repaid to the United States shall

be deposited in the revolving fund established

pursuant to the Acts of June 18, 1934 (48 Stat.

984) [25 U.S.C. 461 et seq.], and June 26, 1936 (49

Stat. 1967) [25 U.S.C. 501 et seq.], as amended and

supplemented.

(May 24, 1950, ch. 197, §2, 64 Stat. 190.)

REFERENCES IN TEXT

Act of June 18, 1934, referred to in text, popularly

known as the Indian Reorganization Act, is classified

generally to subchapter V (§461 et seq.) of this chapter.

For complete classification of this Act to the Code, see

Short Title note set out under section 461 of this title

and Tables. Provisions of the Act establishing the revolving fund are set out in section 470 of this title.

Act of June 26, 1936, referred to in text, popularly

known as the Oklahoma Welfare Act, is classified generally to subchapter VIII (§501 et seq.) of this chapter.

For complete classification of this Act to the Code, see

Short Title note set out under section 501 of this title

and Tables. Provisions of the Act relating to the revolving fund appear in section 506 of this title.

Funds in the revolving fund authorized by these Acts,

and certain other sums, to be administered after Apr.

12, 1974, as a single Indian Revolving Loan Fund, see

section 1461 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1461 of this title.

§ 443a. Conveyance to Indian tribes of federally

owned buildings, improvements, or facilities;

disposition of property by Indians; forfeiture;

‘‘Indian’’ defined

The Secretary of the Interior at the request of

any Indian tribe, band, or group is authorized to

convey to such Indian tribe, band, or group, by

such means as he may deem appropriate, title to

any federally owned buildings, improvements, or

facilities (including any personal property used

in connection with such buildings, improvements, or facilities) that are situated on lands of

such tribe, band, or group or on lands reserved

for the administration of its affairs, and that

are no longer required by the Secretary for the

administration of Indian affairs. Any tribe,

band, or group to which property is conveyed

pursuant to this section may dispose of such

property whenever its governing body determines that the property is no longer needed for

its use. If, at any time while property conveyed

pursuant to this section remains in the ownership of any Indian tribe, band, or group, the Secretary of the Interior determines that such property is not being adequately maintained or properly utilized by such tribe, band, or group or

that the property creates a health or safety hazard or other undesirable condition, he may declare a forfeiture of the conveyance and the title

to such property shall thereupon revert to the

United States. Such determination by the Secretary shall be final.

For the purpose of this section, the term ‘‘Indian’’ shall include Eskimos and Aleuts.

(Aug. 6, 1956, ch. 979, 70 Stat. 1057.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1812 of this title.

§ 443b. Indian goods and supplies

Payment for transportation of Indian goods

and supplies shall include all Indian transportation lawfully due such land-grant railroads as

have not received aid in Government bonds (to

be adjusted in accordance with the decisions of

the Supreme Court in cases decided under such

land-grant Acts), but in no case shall more than

50 per centum of full amount of service be paid

to said land-grant roads: Provided, That such

compensation shall be computed upon the basis

of the tariff or lower special rates for like transportation performed for the public at large, and

shall be accepted as in full for all demands for

such service: Provided further, That on and after

April 30, 1908 in expending money appropriated

for this purpose a railroad company which has

not received aid in bonds of the United States,

and which obtained a grant of public lands to

aid in the construction of its railroad on condi-