Page 359 TITLE 25—INDIANS § 1184

§ 1167. 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. 90–117, §7, Oct. 31, 1967, 81 Stat. 338.)

SUBCHAPTER LIX—IOWA TRIBES OF KANSAS AND NEBRASKA AND OF OKLAHOMA:

DISTRIBUTION OF JUDGMENT FUND

§ 1171. Distribution of funds; authorized spending; per capita payment; tax exemption

The funds on deposit in the United States

Treasury to the credit of the Iowa Tribes of Kansas and Nebraska and of Oklahoma that were appropriated by the Act of April 30, 1965 (79 Stat.

81), to pay a judgment by the Indian Claims

Commission in dockets numbered 138 and 79, and

the interest thereon, after payment of attorney

fees and other litigation expenses, shall be divided on the basis of 171/279ths (61.29 per centum)

to the Iowas of Kansas and Nebraska and 108/

279ths (38.71 per centum) to the Iowas of Oklahoma, and the funds so divided, including interest accruing thereon, may be invested or expended for any purpose that is authorized by the

respective tribal governing bodies and approved

by the Secretary of the Interior. Any per capita

distribution of any part of the funds placed to

the credit of the Iowa Tribes of Kansas and Nebraska and of Oklahoma shall be payable only to

those persons who meet the membership requirements specified in the respective tribal

constitutions, and such per capita payments

shall not be subject to Federal or State income

tax.

(Pub. L. 90–199, Dec. 14, 1967, 81 Stat. 583.)

REFERENCES IN TEXT

Act of April 30, 1965, referred to in text, is act Apr. 30,

1965, Pub. L. 89–16, 79 Stat. 81, known as the Second

Supplemental Appropriation Act, 1965. 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.

SUBCHAPTER LX—DELAWARE NATION OF

INDIANS

§ 1181. Distribution of judgment fund; preparation of Indian roll; eligibility

The Secretary of the Interior shall prepare a

roll of all persons who meet the following requirements for eligibility: (a) They were born on

or prior to and living on September 21, 1968; (b)

their name or the name of a lineal ancestor appears on the Delaware Indian per capita payroll

approved by the Secretary on April 20, 1906, or

(c) their name or the name of a lineal ancestor

is on or is eligible to be on the constructed base

census roll as of 1940 of the Absentee Delaware

Tribe of Western Oklahoma, approved by the

Secretary of the Interior, or (d) they are lineal

descendants of Delaware Indians who were members of the Delaware Nation of Indians as constituted at the time of the Treaty of October 3,

1818 (7 Stat. 188), and their name or the name of

a lineal ancestor appears on any available census roll or any other records acceptable to the

Secretary. No person shall be eligible to be enrolled under this section who is not a citizen of

the United States. Applications for enrollment

must be filed with the Area Director of the Bureau of Indian Affairs, Muskogee, Oklahoma, or

the Area Director of the Bureau of Indian Affairs, Anadarko, Oklahoma, on forms prescribed

for that purpose. All applications filed shall be

reviewed and a judgment of the eligibility of

each applicant will be made and recommendation given in writing to the respective area directors by a committee composed of representatives of the two Oklahoma Delaware groups

prior to submission of names to the Secretary of

the Interior for acceptance on the distribution

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

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

(Pub. L. 90–508, §1, Sept. 21, 1968, 82 Stat. 861.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1183 of this title.

§ 1182. Division between Cherokee Delawares

and the Delaware Tribe of Indians of Western Oklahoma

There shall be withdrawn from the funds on

deposit in the Treasury of the United States to

the credit of the Delaware Nation that were appropriated by the Act of October 7, 1964 (78 Stat.

1033), and the interest accrued thereon, using

the interest fund first, $7,000, which shall be divided equally between the Cherokee Delawares

and the Delaware Tribe of Indians of Western

Oklahoma, and shall be available for claims expenses incurred by the duly authorized personnel of the two tribal groups, as set forth in their

joint resolution numbered 4–68 adopted on September 9, 1967.

(Pub. L. 90–508, §2, Sept. 21, 1968, 82 Stat. 861.)

REFERENCES IN TEXT

Act of October 7, 1964, referred to in text, is act Oct.

7, 1964, Pub. L. 88–635, 78 Stat. 1033, known as the Supplemental Appropriation Act, 1965. That portion of the

act which appropriated the funds referred to was not

classified to the Code.

§ 1183. Equal share distribution

After the deduction of attorney fees and expenses, litigation expenses, all costs incident to

the provisions of this subchapter, and to making

the payments authorized by this subchapter, including the cost of roll preparation, which shall

be paid by appropriate withdrawals from the

judgment fund, the unexpended balance of the

funds on deposit in the Treasury shall be distributed in equal shares to those persons whose

names appear on the roll prepared in accordance

with section 1181 of this title. No person shall be

entitled to more than one per capita share of the

funds.

(Pub. L. 90–508, §3, Sept. 21, 1968, 82 Stat. 862.)

§ 1184. Heirs of deceased enrollees

The Secretary shall distribute a share payable

to a living enrollee directly to such enrollee.