§ 565a TITLE 25—INDIANS Page 220

1So in original. No closing parenthesis was enacted.

administration of this subchapter, from the Indian Claims Commission against the United

States in docket numbered 100, and all other

funds heretofore or hereafter deposited in the

United States Treasury to the credit of the

Klamath Tribe or any of its constituent parts or

groups, except the funds heretofore or hereafter

set aside for the purpose of paying the usual and

necessary expenses of prosecuting claims

against the United States.

(Pub. L. 89–224, §1, Oct. 1, 1965, 79 Stat. 897.)

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.

§ 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

(a) A distribution shall be made of the funds

resulting from docket numbered 100, including

interest, after deducting litigation expenses and

estimated costs of distribution to all persons

whose names appear on the final roll of the

Klamath Tribe, which roll was closed and made

final as of August 13, 1954 (68 Stat. 718). Except

as provided in subsections (b), (c), (d), and (e) of

this section, a share or portion of a share payable to a living adult shall be paid directly to

such adult; (b) a share payable to a deceased enrollee shall be paid to his heirs or legatees upon

the filing of proof of death and inheritance satisfactory to the Secretary of the Interior, whose

findings and determinations upon such proof

shall be final and conclusive: Provided, That

amounts payable to deceased heirs amounting to

$5 or less shall not be paid, and such amounts

shall remain in the United States Treasury to

the credit of the Klamath Tribe; (c) a share payable to an adult under legal disability shall be

paid to his legal representative; (d) a share payable to a person previously found to be in need

of assistance under the provisions of section 564n

of this title, may be paid directly to the individual or, if the Secretary deems it in the best interest of the individual, it may be added to the

trust now in force on behalf of the said individual, with concurrence of the trustee; and (e) a

share or portion of a share payable to a person

under age of majority as determined by the laws

of the State of residence shall be paid to a parent, legal guardian, or trustee of such minor.

(Pub. L. 89–224, §2, Oct. 1, 1965, 79 Stat. 897.)

REFERENCES IN TEXT

August 13, 1954, referred to in text, is a reference to

section 3 of act Aug. 13, 1954, ch. 732, 68 Stat. 718, which

is classified to section 564b of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 565c, 565d, 565e

of this title.

§ 565b. Time of payment; claims for shares of deceased enrollees

Within sixty days of October 1, 1965, the Secretary of the Interior shall commence to pay the

share due to each living person whose name appears on the final roll of August 13, 1954. As to

members who have died since promulgation of

the final roll of August 13, 1954, the Secretary

shall mail a notice of distribution of funds and

a form for presentation of a claim thereunder to

all known heirs or legatees of such deceased enrollees. All such claims shall be filed with the

area director of the Bureau of Indian Affairs,

Portland, Oregon, within two years following

October 1, 1965. From and after that date, all

claims and the right to file claims for any distribution from the judgment in docket numbered 100 shall be forever barred.

(Pub. L. 89–224, §3, Oct. 1, 1965, 79 Stat. 897.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 565c, 565d of

this title.

§ 565c. Disposition of funds remaining after distribution

Funds remaining in the United States Treasury to the credit of the said Klamath Tribe, or

any of its constituent parts or groups, after the

distribution of funds resulting from Indian

Claims Commission docket numbered 100 as provided by sections 565a and 565b of this title, together with any other funds which may be deposited in the United States Treasury, including

without limitation funds accruing from other

judgments against the United States (1after

payment of expenses, including attorney fees,

payments for rights-of-way, trespass damages,

or other revenues, together with any interest accrued thereon, shall, after deduction of the estimated cost of distribution, be distributed from

time to time as determined by the Secretary to

the members of the Klamath Tribe or to the

members of any of its constituent parts or

groups in the same manner as provided in sections 565a and 565b of this title.

(Pub. L. 89–224, §4, Oct. 1, 1965, 79 Stat. 897.)

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 sections 565d, 565e of

this title.

§ 565d. Disposition of funds insufficient to justify

further distribution

After all claims of the Klamath Tribe or any

of its constituent parts or groups against the

United States have been finally determined, appropriated, and distributed, as provided in sections 565a, 565b, and 565c of this title; and after

all litigation expenses (including attorney fees)

and costs of distributions have been paid, any

funds remaining in the United States Treasury

to the credit of the Klamath Tribe or any of its

constituent parts or groups which, in the discretion of the Secretary of the Interior are insufficient to justify a further distribution, shall be

deposited in the miscellaneous receipts of the

Treasury of the United States.