Page 341 TITLE 25—INDIANS § 965

adult members of the band who are eligible to

vote, and if in the judgment of the Secretary the

legal entity is organized in a form and manner

that is fair to all members of the band: Provided,

however, That if the lands to which the proviso

to the fourth item in section 953(b) of this title

is applicable are transferred to such an entity,

they shall be held by it subject to the terms provided in said proviso, and the rights and duties

therein set forth shall be preserved and reflected

in any distribution of securities of, or other evidences of participation in, said entity.

(Pub. L. 86–339, §8, Sept. 21, 1959, 73 Stat. 605.)

SUBCHAPTER XLV—OMAHA TRIBE:

DISTRIBUTION OF JUDGMENT FUND

§ 961. Membership roll; preparation; eligibility

for enrollment; applications for enrollment;

protests; finality of determination

The Secretary of the Interior is authorized and

directed, pursuant to such regulations as may be

issued by him, to prepare a roll of Omaha Indians whose names appear on the Omaha allotment rolls finally approved pursuant to the Acts

of Congress of August 7, 1882, (22 Stat. 341) and

March 3, 1893 (27 Stat. 612), and who are living on

September 14, 1961, and the descendants of such

allottees who are born and living on September

14, 1961 and who possess Omaha blood of the degree of one-fourth or more regardless of whether

such allottees are living or deceased: Provided,

That no person who is enrolled with any other

tribe of Indians or who has received an allotment of land on any other reservation shall be

enrolled under the provisions of this subchapter

unless the application for enrollment by such

person is approved by a two-thirds vote of the

governing body of the Omaha Tribe of Nebraska.

Applications for enrollment must be filed with

the area director of the Bureau of Indian Affairs,

Aberdeen, South Dakota, within four months

after September 14, 1961. For a period of three

months thereafter, the Secretary shall permit

the examination of the applications by the governing body of the Omaha Tribe of Nebraska for

the purpose of lodging protests against any application. The determination of the Secretary

regarding the eligibility of an applicant shall be

final.

(Pub. L. 87–235, §1, Sept. 14, 1961, 75 Stat. 508.)

REFERENCES IN TEXT

Acts of Congress of August 7, 1882, and March 3, 1893,

referred to in text, are acts Aug. 7, 1882, ch. 434, 22 Stat.

341, and Mar. 3, 1893, ch. 209, 27 Stat. 612, respectively,

which were not classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 962, 963, 967a of

this title.

§ 962. Membership roll; enrollment of children

born after September 14, 1961

The roll prepared pursuant to section 961 of

this title shall constitute the membership roll of

the Omaha Tribe of Nebraska as of September

14, 1961, notwithstanding the provisions of article II, section 1 of the tribal constitution, and

children who are born after September 14, 1961,

may be enrolled if they meet the requirements

of section 1(b) of article II of the tribal constitution, applicable to children born after the date

that amendment I to said constitution was approved, or any amendment thereof.

(Pub. L. 87–235, §2, Sept. 14, 1961, 75 Stat. 508.)

§ 963. Per capita distributions to tribal members;

attorneys’ fees and expenses; advances or expenditures from tribal funds; tax exemption

Of the funds on deposit in the Treasury of the

United States to the credit of the Omaha Tribe

of Nebraska that were appropriated to pay a

judgment by the Indian Claims Commission

dated February 11, 1960, and the interest thereon, after payment of attorneys’ fees and expenses, the Secretary of the Interior shall make

a per capita distribution of a sum up to a maximum of $750, to the extent available, to each

person whose name appears on the roll prepared

pursuant to section 961 of this title; and the balance of such funds after making payment of or

provision for such per capita distribution and

accrued and accruing interest, if any, may be

advanced or expended for any purpose that is authorized by the tribal governing body and approved in writing by the Secretary. The funds so

distributed shall not be subject to Federal or

State income taxes.

(Pub. L. 87–235, §3, Sept. 14, 1961, 75 Stat. 508.)

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.

§ 964. Distribution of shares

(a) Payments to enrollees, next of kin, or legatees

Except as provided in subsection (b) of this

section, the Secretary shall distribute a per capita share payable to a living enrollee directly to

such enrollee, and the Secretary shall distribute

a per capita share payable to a deceased enrollee

directly to his next of kin or legatees as determined by the laws of the place of domicile of the

decedent upon proof of death and inheritance

satisfactory to the Secretary, whose findings

upon such proof shall be final and conclusive.

(b) Payments to minors or persons under legal

disability

A share payable to a person under twenty-one

years of age or to a person under a legal disability shall be paid in accordance with such procedures as the Secretary determines will adequately protect the best interests of such persons.

(Pub. L. 87–235, §4, Sept. 14, 1961, 75 Stat. 508.)

§ 965. Payments not subject to liens, debts, or

claims; exception

No part of any of the funds which may be so

distributed shall be subject to any lien, debt, or

claim of any nature whatsoever against the

tribe or individual Indians except delinquent

debts owed by the tribe to the United States or

owed by individual Indians to the tribe or to the

United States.

(Pub. L. 87–235, §5, Sept. 14, 1961, 75 Stat. 509.)
§ 966 TITLE 25—INDIANS Page 342

§ 966. Costs

All costs incurred by the Secretary in the

preparation of the roll and in the payment of

the per capita shares in accordance with provisions of this subchapter shall be paid by appropriate withdrawals from the judgment fund.

(Pub. L. 87–235, §6, Sept. 14, 1961, 75 Stat. 509.)

§ 967. Rules and regulations

The Secretary is authorized to prescribe rules

and regulations to carry out the provisions of

this subchapter.

(Pub. L. 87–235, §7, Sept. 14, 1961, 75 Stat. 509.)

§ 967a. Per capita payments to enrolled tribal

members; use of balance of funds

From the funds on deposit in the Treasury of

the United States to the credit of the Omaha

Tribe of Nebraska that were appropriated by the

Act of June 9, 1964, to pay a judgment obtained

by the tribe in Indian Claims Commission docket numbered 138, after deduction of attorney

fees, litigation expenses, and such sums as may

be required to distribute individual shares, the

Secretary of the Interior shall make a per capita

distribution of no more than $270 to each person

living on November 2, 1966, whose name appears

on the roll of the tribe prepared pursuant to section 961 of this title, and to each child living on

November 2, 1966, who was born after September

14, 1961, and who possesses aboriginal Omaha

blood of the degree of one-fourth or more except

for any such child who is enrolled with any

other tribe of Indians. The balance of such

funds, and the interest thereon, may be advanced or expended for any purpose that is authorized by the tribal governing body and approved by the Secretary. The amount of $150,000

of said funds and any interest thereon shall not

be distributed, advanced or expended until said

$150,000 and any interest thereon becomes available for disbursement pursuant to the terms of

the final judgment dated April 14, 1964, by the

Indian Claims Commission in docket numbered

138.

(Pub. L. 89–717, §1, Nov. 2, 1966, 80 Stat. 1114.)

REFERENCES IN TEXT

Act of June 9, 1964, referred to in text, is Pub. L.

88–317, June 9, 1964, 78 Stat. 204, which 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.

CODIFICATION

Section was not enacted as part of Pub. L. 87–235,

Sept. 14, 1961, 75 Stat. 508, which comprises this subchapter.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 967c, 967d of

this title.

§ 967b. Payments to minors and persons under

legal disability; shares under certain amount

to revert to tribe

Sums payable to persons or to their heirs or

legatees who are less than twenty-one years of

age or who are under a legal disability shall be

paid in accordance with such procedures as the

Secretary, after consultation with the tribal

governing body, determines will adequately protect their best interests. Proportional shares of

heirs or legatees amounting to $5 or less shall

not be distributed and such amounts shall escheat to the Omaha Tribe of Nebraska.

(Pub. L. 89–717, §2, Nov. 2, 1966, 80 Stat. 1115.)

CODIFICATION

Section was not enacted as part of Pub. L. 87–235,

Sept. 14, 1961, 75 Stat. 508, which comprises this subchapter.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 967c, 967d of

this title.

§ 967c. Tax exemption

The funds distributed under the provisions of

sections 967a to 967d of this title shall not be

subject to Federal or State income taxes.

(Pub. L. 89–717, §3, Nov. 2, 1966, 80 Stat. 1115.)

CODIFICATION

Section was not enacted as part of Pub. L. 87–235,

Sept. 14, 1961, 75 Stat. 508, which comprises this subchapter.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 967d of this title.

§ 967d. Rules and regulations

The Secretary of the Interior is authorized to

prescribe rules and regulations to carry out the

provisions of sections 967a to 967d of this title.

(Pub. L. 89–717, §4, Nov. 2, 1966, 80 Stat. 1115.)

CODIFICATION

Section was not enacted as part of Pub. L. 87–235,

Sept. 14, 1961, 75 Stat. 508, which comprises this subchapter.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 967c of this title.

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

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 983b of this

title.

§ 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

The Secretary of the Interior shall, with the

advice and assistance of the Ponca Tribe of Native Americans of Nebraska and pursuant to

such regulations as he may prescribe, prepare a

roll of the members of the tribe and record

thereon persons whose names appeared on the

census roll of April 1, 1934, and the supplement

thereto of January 1, 1935, and their descendants

of not less than one-quarter degree Indian blood

of the Ponca Tribe, regardless of place of resi-