§ 1300d–5 TITLE 25—INDIANS Page 374

tive tribal governing bodies and approved by the

Secretary of the Interior: Provided, That, in the

case of the Assiniboine and Sioux Tribe of the

Fort Peck Reservation, Montana, the Fort Peck

Sisseton-Wahpeton Sioux Council shall act as

the governing body in determining the distribution of funds allotted for programing purposes:

Provided further, That the Sisseton-Wahpeton

Sioux Tribe of South Dakota shall act in concert with its membership residing in the Upper

Sioux Community in Minnesota and its membership affiliated with the Urban SissetonWahpeton Council of the Minneapolis-Saint Paul

area in jointly submitting programing proposals

to the Secretary.

(c) Per capita distribution to enrollees

The funds allocated to all other Sisseton and

Wahpeton Sioux, as provided in subsection (a) of

this section, shall be distributed per capita to

the persons enrolled on the roll prepared by the

Secretary pursuant to section 1300d–3(b) of this

title.

(Pub. L. 92–555, title II, §202, Oct. 25, 1972, 86

Stat. 1169.)

REFERENCES IN TEXT

The Indian Claims Commission, referred to in subsec.

(a), terminated Sept. 30, 1978. See Codification note set

out under former section 70 et seq. of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300d–10 of this

title.

§ 1300d–5. Citizenship requirement

No person shall be eligible to be enrolled under

this subchapter who is not a citizen of the

United States.

(Pub. L. 92–555, title III, §301, Oct. 25, 1972, 86

Stat. 1170.)

§ 1300d–6. Election of group for enrollment

Any person qualifying for enrollment with

more than one group shall elect the group with

which he shall be enrolled for the purpose of this

subchapter.

(Pub. L. 92–555, title III, §302, Oct. 25, 1972, 86

Stat. 1170.)

§ 1300d–7. Protection of minors and persons

under legal disability

The sums payable to enrollees or their heirs or

legatees who are minors or who are under a

legal disability shall be paid in accordance with

such procedures, including the establishment of

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

such persons after considering the recommendations of the governing bodies of the groups involved.

(Pub. L. 92–555, title III, §303, Oct. 25, 1972, 86

Stat. 1170.)

§ 1300d–8. Income tax exemption

None of the funds distributed per capita under

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

(Pub. L. 92–555, title III, §304, Oct. 25, 1972, 86

Stat. 1170.)

§ 1300d–9. Rules and regulations

The Secretary of the Interior is authorized to

prescribe rules and regulations to carry out the

provisions of this subchapter, including the establishment of deadlines.

(Pub. L. 92–555, title III, §305, Oct. 25, 1972, 86

Stat. 1170.)

§ 1300d–10. Authority to settle action

Notwithstanding any provision of this subchapter or any other provision of law, the Attorney General is authorized to negotiate and settle any action that may be or has been brought

to contest the constitutionality or validity

under law of the distribution to all other

Sisseton and Wahpeton Sioux provided for in

section 1300d–4 of this title.

(Pub. L. 92–555, title III, §306, as added Pub. L.

102–497, §17, Oct. 24, 1992, 106 Stat. 3261.)

SUBCHAPTER LXXVI—ASSINIBOINE TRIBES

OF MONTANA: DISTRIBUTION OF JUDGMENT FUND

§ 1300e. Disposition of funds; percentage basis

for division; attorney fees and expenses

The funds appropriated by the Act of January

8, 1971 (84 Stat. 1981), to pay a judgment to the

Assiniboine Tribes of the Fort Peck and Fort

Belknap Reservations, Montana, in Indian

Claims Commission docket numbered 279–A, together with interest thereon, after payment of

attorney fees and litigation expenses, shall be

divided by the Secretary of the Interior on the

basis of 50 per centum to the Assiniboine Tribe

of the Fort Peck Reservation and 50 per centum

to the Assiniboine Tribe of the Fort Belknap

Reservation.

(Pub. L. 92–557, §1, Oct. 25, 1972, 86 Stat. 1171.)

REFERENCES IN TEXT

Act of January 8, 1971, referred to in text, is act Jan.

8, 1971, Pub. L. 91–665, 84 Stat. 1981, known as the Supplemental Appropriations Act, 1971. That portion of the

act which appropriated the funds referred to was not

classified to the Code.

The Indian Claims Commission, referred to in text,

terminated Sept. 30, 1978. See Codification note set out

under former section 70 et seq. of this title.

§ 1300e–1. Per capita shares to members of Assiniboine Tribe of Fort Peck Reservation; deductions; eligibility for payments

The share of the Assiniboine Tribe of the Fort

Peck Reservation, after deducting $50,000 to be

used as provided in section 1300e–2 of this title,

and after deducting the estimated costs of distribution and all other appropriate expenses,

shall be distributed per capita to each person

born on or before, and living on, October 25, 1972,

who is a citizen of the United States, is duly enrolled on the approved roll of the Assiniboine

and Sioux Tribes of the Fort Peck Reservation,

and is of Assiniboine lineal descent: Provided,

That persons in the following categories shall

not be eligible to receive a per capita payment:

(a) persons who possess a greater degree of Fort

Peck Sioux blood than Fort Peck Assiniboine

blood, (b) persons who possess equal degrees of