Page 369 TITLE 25—INDIANS § 1300b–1

Camp Verde Reservation, the Fort McDowell

Mohave-Apache Community, and the YavapaiPrescott Community shall prepare rolls of all

persons who were born on or prior to and living

on October 6, 1972, and who are enrolled or entitled to be enrolled in accordance with the respective tribal constitutions or articles of association, as the case may be, in effect on April 1,

1972. The Secretary of the Interior shall verify

and approve the rolls.

(Pub. L. 92–461, §3, Oct. 6, 1972, 86 Stat. 769.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300a–2 of this

title.

§ 1300a–2. Apportionment of funds; advances, expenditures, investments, or reinvestments;

utilization of funds for Payson Band

Upon completion and approval of the rolls as

provided in section 1300a–1 of this title, the balance of the funds not set aside pursuant to section 1300a of this title shall be apportioned

among the cited groups in section 1300a–1 of this

title on the basis of the number of enrollees in

each group. The funds so apportioned shall be

redeposited in the Treasury of the United States

to the credit of the respective groups and may

be advanced, expended, invested, or reinvested

in any manner authorized by the governing bodies and approved by the Secretary. All funds so

accruing to the Payson Band pursuant to section 1300a of this title shall be utilized pursuant

to a plan agreed upon between the governing

body elected by the Payson Indian community

or by the members thereof at a meeting called

in accordance with the rules prescribed by the

Secretary of the Interior.

(Pub. L. 92–461, §4, Oct. 6, 1972, 86 Stat. 769.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300a of this

title.

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

under legal disability

None of the funds distributed per capita under

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

payable to enrollees or heirs or legatees who are

less than eighteen years of age or who are under

a legal disability shall be paid in accordance

with such procedures, including the establishment of trusts, as the Secretary determines appropriate to protect the best interests of such

persons.

(Pub. L. 92–461, §5, Oct. 6, 1972, 86 Stat. 769.)

§ 1300a–4. Rules and regulations

The Secretary is authorized to prescribe rules

and regulations to carry out the provisions of

this subchapter.

(Pub. L. 92–461, §6, Oct. 6, 1972, 86 Stat. 769.)

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

The funds on deposit in the Treasury of the

United States to the credit of the Kickapoo Indians of Kansas and Oklahoma to pay judgments

by the Indian Claims Commission in dockets 316,

316–A, 317, 145, and 193, together with interest

thereon, after payment of attorney fees and litigation expenses, shall be divided on the basis of

membership of the respective tribes current as

of October 6, 1972. For the purpose of adjusting

the offsets allowed in docket 316, the Secretary

of the Interior shall use the gross award (land

value) as a basis for his computation, deduct

therefrom the consideration paid, the offsets expended for the Kickapoo Tribe prior to its separation into two tribal entities, attorney fees and

litigation expenses, and, after making the division of the balance as provided herein, shall deduct $44,759.45 from the proportionate share of

the Kickapoo Tribe of Kansas and $118,661.24

from the proportionate share of the Kickapoo

Tribe of Oklahoma. The balances remaining

shall be the net amount to be placed to the credit of the respective tribes.

(Pub. L. 92–467, §1, Oct. 6, 1972, 86 Stat. 781.)

REFERENCES IN TEXT

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300b–1 of this

title.

§ 1300b–1. Distribution of shares

(a) Per capita shares to tribal members

The funds divided and credited under section

1300b of this title, and the funds appropriated to

pay a judgment recovered by the Kickapoo Indians of Oklahoma in docket numbered 318, including the interest thereon, after the payment

of attorney fees and other litigation expenses,

shall be used as follows: 75 per centum shall be

distributed in equal per capita shares to each

person whose name appears on or is entitled to

appear on the membership roll of the Kickapoo

Tribe of Oklahoma and 90 per centum shall be

distributed in equal per capita shares to each

person whose name appears on or is entitled to

appear on the membership roll of the Kickapoo

Tribe of Kansas if such person was born on or

prior to and is living on October 6, 1972.

(b) Use of balance for advances, etc.

The balance of each tribe’s share of the funds

may be advanced, expended, invested, or reinvested for any purposes that are authorized by

the tribal governing bodies and approved by the

Secretary of the Interior.

(Pub. L. 92–467, §2, Oct. 6, 1972, 86 Stat. 781.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300b–2 of this

title.