Page 265 TITLE 25—INDIANS § 657

§ 653. Statutes of limitations unavailable against

claims; amount of decree; set-off

If any claim or claims be submitted to said

courts, they shall settle the equitable rights

therein, notwithstanding lapse of time or statutes of limitation or the fact that the said claim

or claims have not been presented to any other

tribunal, including the commission created by

the Act of March 3, 1851 (Ninth Statutes at

Large, page 631): Provided, That any decree for

said Indians shall be for an amount equal to the

just value of the compensation provided or proposed for the Indians in those certain eighteen

unratified treaties executed by the chiefs and

head men of the several tribes and bands of Indians of California and submitted to the Senate of

the United States by the President of the United

States for ratification on the 1st day of June,

1852, including the lands described therein at

$1.25 per acre. Any payment which may have

been made by the United States or moneys heretofore or hereafter expended to date of award for

the benefit of the Indians of California, made

under specific appropriations for the support,

education, health, and civilization of Indians in

California, including purchases of land, shall not

be pleaded as an estoppel but may be pleaded by

way of set-off.

(May 18, 1928, ch. 624, §3, 45 Stat. 602.)

REFERENCES IN TEXT

Act of March 3, 1851, referred to in text, is act Mar.

3, 1851, ch. 41, 9 Stat. 631, which was not classified to

the Code.

§ 654. Claims presented by petition; filing date;

amendment; signature and verification; official letters, documents, etc., furnished

The claims of the Indians of California under

the provisions of this subchapter shall be presented by petition, which shall be filed within

three years after May 18, 1928. Said petition

shall be subject to amendment. The petition

shall be signed and verified by the attorney general of the State of California. Verification may

be upon information and belief as to the facts alleged. Official letters, papers, documents, and

public records, or certified copies thereof, may

be used in evidence and the departments of the

Government shall give the said attorney access

to such papers, correspondence, or furnish such

certified copies of record as may be necessary in

the premises free of cost.

(May 18, 1928, ch. 624, §4, 45 Stat. 602.)

§ 655. Reimbursement of State of California for

necessary costs and expenses

In the event that the court renders judgment

against the United States under the provisions

of this subchapter, it shall decree such amount

as it finds reasonable to be paid to the State of

California to reimburse the State for all necessary costs and expenses incurred by said

State, other than attorney fees: Provided, That

no reimbursement shall be made to the State of

California for the services rendered by its attorney general.

(May 18, 1928, ch. 624, §5, 45 Stat. 602.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 656 of this title.

§ 656. Judgment amount deposited in Treasury to

credit of Indians; interest rate; use of fund

The amount of any judgment shall be placed

in the Treasury of the United States to the credit of the Indians of California and shall draw interest at the rate of 4 per centum per annum and

shall be thereafter subject to appropriation by

Congress for educational, health, industrial, and

other purposes for the benefit of said Indians, including the purchase of lands and building of

homes, and no part of said judgment shall be

paid out in per capita payments to said Indians:

Provided, That the Secretary of the Treasury is

authorized and directed to pay to the State of

California, out of the proceeds of the judgment

when appropriated, the amount decreed by the

court to be due said State, as provided in section

655 of this title.

(May 18, 1928, ch. 624, §6, 45 Stat. 603.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 658 of this title.

§ 657. Revision of roll of Indians

The Secretary of the Interior, under such regulations as he may prescribe, is authorized and

directed to revise the roll of the Indians of California, as defined in section 651 of this title,

which was approved by him on May 16, 1933, in

the following particulars: (a) By adding to said

roll the names of persons who filed applications

for enrollment as Indians of California on or before May 18, 1932, and who, although determined

to be descendants of the Indians residing in the

State of California on June 1, 1852, were denied

enrollment solely on the ground that they were

not living in the State of California on May 18,

1928, and who were alive on May 24, 1950; (b) by

adding to said roll the names of persons who are

descendants of the Indians residing in the State

of California on June 1, 1852, and who are the fathers, mothers, brothers, sisters, uncles, or

aunts of persons whose names appear on said

roll, and who were alive on May 24, 1950, irrespective of whether such fathers, mothers,

brothers, sisters, uncles, or aunts were living in

the State of California on May 18, 1928; (c) by

adding to said roll the names of persons born

since May 18, 1928, and living on May 24, 1950,

who are the children or other descendants of

persons whose names appear on said roll, or of

persons whose names are eligible for addition to

said roll under clauses (a) or (b) of this section,

or of persons dying prior to May 24, 1950, whose

names would have been eligible for addition to

said roll under clauses (a) or (b) of this section

if such persons had been alive on May 24, 1950;

and (d) by removing from said roll the names of

persons who have died since May 18, 1928, and

prior to May 24, 1950. Persons entitled to enrollment under clause (a) of this section shall be enrolled by the Secretary of the Interior without

further application. Persons claiming to be entitled to enrollment under clauses (b) or (c) of this

section shall, within one year after May 24, 1950,

make an application in writing to the Secretary

of the Interior for enrollment, unless they have

previously filed such an application under this

section. For the purposes of clause (d) of this

section, when the Secretary of the Interior is