§ 1300c–1 TITLE 25—INDIANS Page 372

§ 1300c–1. Funds for expert witnesses and programing needs

The Secretary of the Interior shall withhold

from distribution a sum not to exceed $150,000,

pending a decision by the Yankton Sioux Tribal

Business and Claims Committee regarding the

needs of the tribe for expert witnesses in the

Yankton Sioux claims in Indian Claims Commission dockets numbered 332–B, 332–C, and 74. The

sum withheld may be used for such purpose or

for other programing needs, subject to the approval of the Secretary.

(Pub. L. 92–468, §2, Oct. 6, 1972, 86 Stat. 782.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300c–3 of this

title.

§ 1300c–2. Membership roll; preparation; tribal

constitutional requirements

The Secretary of the Interior, in cooperation

with the Tribal Council, shall prepare a roll of

all persons born on or prior to and living on October 6, 1972, who meet the requirements for

membership of the Yankton Sioux tribal constitution approved on October 5, 1932, as amended.

(Pub. L. 92–468, §3, Oct. 6, 1972, 86 Stat. 782.)

§ 1300c–3. Per capita distributions to tribal members; advances, expenditures, investments, or

reinvestments for authorized purposes;

trusts and other procedures for protection of

minors and persons under legal disability

The judgment fund, less funds otherwise provided in section 1300c–1 of this title, shall be

used as follows: 75 per centum thereof shall be

distributed in equal per capita shares to each

person who is enrolled or entitled to be enrolled

on October 6, 1972; the remainder may be advanced, expended, invested, or reinvested for

any purposes that are authorized by the tribal

governing body and approved by the Secretary

of the Interior. Sums payable to adult living enrollees or to adult heirs or legatees of deceased

enrollees shall be paid directly to such persons.

Sums payable to enrollees or their heirs or legatees who are less than eighteen years of age or

who are under legal disability shall be paid in

accordance with such procedures, including the

establishment of trusts, as the Secretary of the

Interior determines appropriate to protect the

best interests of such persons.

(Pub. L. 92–468, §4, Oct. 6, 1972, 86 Stat. 782.)

§ 1300c–4. Tax exemption

None of the funds distributed per capita under

the provisions of this subchapter shall be subject to Federal or State income taxes.

(Pub. L. 92–468, §5, Oct. 6, 1972, 86 Stat. 782.)

§ 1300c–5. 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. 92–468, §6, Oct. 6, 1972, 86 Stat. 782.)

SUBCHAPTER LXXV—MISSISSIPPI SIOUX

TRIBES: DISTRIBUTION OF JUDGMENT

FUND

§ 1300d. Distribution of funds; attorney fees and

expenses

The funds appropriated by the Act of June 19,

1968 (82 Stat. 239), to pay compromise judgments

to the Mdewakanton and Wahpakoota Tribe of

Sioux Indians, and the Sisseton and Wahpeton

Tribes of Sioux Indians, in Indian Claims Commission dockets numbered 142, 359, 360, 361, 362,

and 363, together with interest thereon, after

payment of attorney fees and litigation expenses

and the costs of carrying out the provisions of

this subchapter, shall be distributed as provided

in this subchapter.

(Pub. L. 92–555, §1, Oct. 25, 1972, 86 Stat. 1168.)

REFERENCES IN TEXT

Act of June 19, 1968, referred to in text, is act June

19, 1968, Pub. L. 90–352, 82 Stat. 239. 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 section 1300d–4 of this

title.

§ 1300d–1. Lower Council Sioux

(a) Membership rolls; applications

The Flandreau Santee Sioux Tribe of South

Dakota and the Santee Sioux Tribe of Nebraska

shall bring current their membership rolls as of

October 25, 1972. The Lower Sioux Indian Community at Morton, Minnesota, the Prairie Island

Indian Community at Welch, Minnesota, and the

Shakopee Mdewakanton Sioux Community of

Minnesota shall prepare rolls of their members

who are lineal descendants of the Mdewakanton

and Wahpakoota Tribes, and who were born on

or prior to and are living on October 25, 1972,

using available records and rolls at the local

agency and area offices, and any other available

records and rolls. Applications for enrollment

must be filed with each group named in this section and such rolls shall be subject to approval

of the Secretary of the Interior. The Secretary’s

determination on all applications shall be final.

(b) Roll of lineal descendants; applications

The Secretary of the Interior shall prepare a

roll of the lineal descendants of the

Mdewakanton and Wahpakoota Tribe who were

born on or prior to and are living on October 25,

1972, whose names or the names of a lineal ancestor appears on any available records and rolls

acceptable to the Secretary, and who are not

members of any of the organized groups listed in

subsection (a) of this section. Applications for

enrollment must be filed with the Area Director,

Bureau of Indian Affairs, Aberdeen, South Dakota. The Secretary’s determination on all applications for enrollment shall be final.

(Pub. L. 92–555, title I, §101, Oct. 25, 1972, 86 Stat.

1168.)