§ 1011 TITLE 25—INDIANS Page 348

(Pub. L. 87–775, §8, Oct. 9, 1962, 76 Stat. 777.)

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

The Secretary of the Interior shall prepare a

roll of the persons of Snake or Paiute Indian ancestry who meet the following requirements for

eligibility: (1) They were born on or prior to and

living on August 20, 1964; and (2) they were members of or are lineal descendants of members of

the bands whose chiefs and headmen We-you-wewa (Wewa), Gaha-nee, E-hi-gant (Egan), Po-nee,

Chaw-wat-na-nee, Owits (Oits), and Tash-e-go,

signed the unratified Treaty of December 10,

1868; and (3) they do not elect to participate as

beneficiaries of any awards granted in the docket numbered 87 claim of the Northern Paiute Nation. Applications for enrollment must be filed

with the area director of the Bureau of Indian

Affairs, Portland, Oregon, within nine months

after August 20, 1964 on forms prescribed for that

purpose. The determination of the Secretary regarding utilization of available rolls or records

and the eligibility for enrollment of an applicant shall be final.

(Pub. L. 88–464, §1, Aug. 20, 1964, 78 Stat. 563.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1012, 1013 of this

title.

§ 1012. Authorization to withdraw, prorate and

distribute funds

The Secretary is authorized and directed to

withdraw the funds on deposit in the Treasury of

the United States to the credit of the Snake or

Paiute Tribe that were appropriated by the Act

of April 13, 1960 (74 Stat. 42), in satisfaction of a

judgment that was obtained by the tribe in the

Indian Claims Commission against the United

States in docket numbered 17 together with the

interest accrued thereon, after payment of attorney fees and expenses, as well as all other expenses, and to prorate such funds among those

persons whose names appear on the roll prepared

pursuant to section 1011 of this title for distribution as hereinafter provided.

(Pub. L. 88–464, §2, Aug. 20, 1964, 78 Stat. 563.)

REFERENCES IN TEXT

Act of April 13, 1960, referred to in text, is Pub. L.

86–424, Apr. 13, 1960, 74 Stat. 42. 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.

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

The Secretary shall distribute shares payable

to living persons enrolled pursuant to section

1011 of this title and shares payable to the heirs

or legatees of deceased persons enrolled pursuant to section 1011 of this title according to

rules and regulations which he shall prescribe,

taking into account that in some instances a

planned individual or group program for the use

of shares may more properly serve the long-term

interest of the enrollees than would direct, unsupervised per capita payment. The funds so distributed shall not be subject to Federal or State

income tax.

(Pub. L. 88–464, §3, Aug. 20, 1964, 78 Stat. 563.)

§ 1014. Costs

All costs incurred by the Secretary in the

preparation of the rolls and in the distribution

of payment of pro rata shares in accordance

with the provisions of this subchapter shall be

paid by appropriate withdrawals from the judgment fund.

(Pub. L. 88–464, §4, Aug. 20, 1964, 78 Stat. 563.)

§ 1015. Rules and regulations

The Secretary of the Interior is authorized to

prescribe rules and regulations to carry out the

provisions of this subchapter.

(Pub. L. 88–464, §5, Aug. 20, 1964, 78 Stat. 563.)

SUBCHAPTER XLIX—SHAWNEE TRIBE OR

NATION: DISTRIBUTION OF JUDGMENT

FUND

§ 1031. Disposition of funds

The funds on deposit in the Treasury of the

United States to the credit of the Shawnee Tribe

or Nation that were appropriated by the Act of

September 30, 1961 (75 Stat. 733), to pay a judgment that was obtained by the tribe or nation in

the Indian Claims Commission for inadequate

compensation for lands ceded to the United

States under the treaty of May 10, 1854 (10 Stat.

1053), and the interest thereon, shall be divided

on the basis of 514/1378ths to the Absentee Band

of Shawnee Indians of Oklahoma; 747/1378ths to

the Cherokee Band of Shawnee Indians of Oklahoma; and 117/1378ths to the Eastern Band of

Shawnee Indians of Oklahoma, after payment of

attorney fees and expenses of litigation.

(Pub. L. 88–457, §1, Aug. 20, 1964, 78 Stat. 555.)

REFERENCES IN TEXT

Act of September 30, 1961, referred to in text, is Pub.

L. 87–332, Sept. 30, 1961, 75 Stat. 733. 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1033, 1034 of this

title.

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

The funds placed to the credit of the Absentee

and the Eastern Bands of Shawnee Indians in

the United States Treasury, and the interest

thereon may be advanced or expended for any

purpose and in such manner as the respective

tribal governing bodies authorize and the Secretary of the Interior approves.