Page 349 TITLE 25—INDIANS § 1052

(Pub. L. 88–457, §2, Aug. 20, 1964, 78 Stat. 555.)

§ 1033. Cherokee Band; preparation of roll; eligibility for enrollment; rules and regulations

For the purpose of determining individual interests in the funds placed to the credit of the

Cherokee Band of Shawnee Indians pursuant to

section 1031 of this title, the Secretary shall prepare a new roll based on the roll of Cherokee

Shawnees prepared in accordance with the Act

of March 2, 1889 (25 Stat. 994). Eligible for inclusion on this new payment roll shall be all persons living on August 20, 1964, (a) who are, themselves, listed on the 1889 roll and (b) who are direct lineal descendants of persons listed on the

1889 roll. The Secretary may promulgate such

rules and regulations as he considers necessary

to carry out the purposes of this section.

(Pub. L. 88–457, §3, Aug. 20, 1964, 78 Stat. 555.)

REFERENCES IN TEXT

Act of March 2, 1889, referred to in text, is act Mar.

2, 1889, ch. 412, 25 Stat. 994. Provisions of the act relating to roll of the Cherokee Shawnee were not classified

to the Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1034 of this title.

§ 1034. Cherokee Band; per capita distribution

When the roll prepared pursuant to section

1033 of this title has been completed and finally

approved, the Secretary shall withdraw from the

Treasury the funds placed to the credit of the

Cherokee Band of Shawnee Indians in accordance with section 1031 of this title, together

with the interest accumulated thereon, and

shall distribute them in equal per capita shares

to persons whose names appear on the roll: Provided, That no person who receives a per capita

payment from funds credited to the Cherokee

Band of Shawnee Indians shall be permitted to

share in any per capita distribution of the funds

credited to the Absentee and Eastern Bands of

Shawnee Indians.

(Pub. L. 88–457, §4, Aug. 20, 1964, 78 Stat. 555.)

§ 1035. 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 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 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. 88–457, §5, Aug. 20, 1964, 78 Stat. 555.)

§ 1036. Taxes

No part of any of the funds distributed in accordance with this subchapter shall be subject

to Federal or State income tax.

(Pub. L. 88–457, §6, Aug. 20, 1964, 78 Stat. 556.)

§ 1037. 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 the

provisions of this subchapter shall be paid by

withdrawals from the judgment fund of the appropriate band.

(Pub. L. 88–457, §7, Aug. 20, 1964, 78 Stat. 556.)

§ 1038. 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. 88–457, §8, Aug. 20, 1964, 78 Stat. 556.)

SUBCHAPTER L—TILLAMOOK AND

NEHALEM BANDS OF THE TILLAMOOK

INDIANS: DISTRIBUTION OF JUDGMENT

FUND

§ 1051. Membership roll; preparation; eligibility

for enrollment; filing of applications; finality

of Secretary’s decision

The Secretary of the Interior shall prepare a

roll of all persons who meet both of the following requirements for eligibility: (1) They were

born on or prior to and living on August 30, 1964;

and (2) their name or the name of an ancestor

through whom they claim eligibility appears either on the census roll of the Naalem (Nehalem)

Band of Tillamook Indians dated January 28,

1898, or on the annuity payment roll of the Tillamook Band of Tillamook Indians prepared in

1914 under the provisions of the Act of August

24, 1912 (37 Stat. L., 519–535). Applications for enrollment must be filed with the area director of

the Bureau of Indian Affairs, Portland, Oregon,

within six months after August 30, 1964, on

forms prescribed for that purpose. The determination of the Secretary regarding the eligibility for enrollment of an applicant shall be

final.

(Pub. L. 88–506, §1, Aug. 30, 1964, 78 Stat. 639.)

REFERENCES IN TEXT

Act of August 24, 1912, referred to in text, is act Aug.

24, 1912, ch. 388, 37 Stat. 519–534. Provisions of the act

relating to the annuity payment roll of the Tillamook

Band of the Tillamook Indians were not classified to

the Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1052 of this title.

§ 1052. Distribution of funds; pro rata basis

The Secretary is authorized and directed to

withdraw the funds on deposit in the Treasury of

the United States to the credit of the Nehalem

and Tillamook Bands of Indians that were appropriated by the Act of May 17, 1963 (77 Stat.

43), in satisfaction of a judgment obtained by

the bands in the Indian Claims Commission