§ 785 TITLE 25—INDIANS Page 314

until expended, for necessary expenses incident

to the distribution of funds authorized by sections 781 to 785 of this title.

(Aug. 1, 1955, ch. 444, §5, 69 Stat. 432; Pub. L.

86–229, Sept. 8, 1959, 73 Stat. 456.)

AMENDMENTS

1959—Pub. L. 86–229 increased appropriation authorization from $200,000 to $325,000.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 782, 783, 785 of

this title.

§ 785. Rules and regulations

The Secretary of the Interior is authorized to

issue rules and regulations necessary for the

purposes of sections 781 to 785 of this title.

(Aug. 1, 1955, ch. 444, §6, 69 Stat. 432.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 782, 783, 784 of

this title.

§ 786. Credit of unclaimed and unpaid share of

funds

The unclaimed and unpaid share of the funds,

and the accrued interest thereon, appropriated

by chapter XII of the Third Supplemental Appropriation Act, 1952 (66 Stat. 101, 121), in payment of the judgment entered by the Indian

Claims Commission in favor of the Loyal Creek

Band or Group of Indians et al., docket numbered 1, and which were authorized to be distributed by section 781(c) of this title, shall be deposited in the Treasury of the United States to

the credit of the Creek Nation of Indians of

Oklahoma.

(Pub. L. 90–76, §1, Aug. 29, 1967, 81 Stat. 177.)

REFERENCES IN TEXT

Chapter XII of the Third Supplemental Appropriation

Act, 1952, referred to in text, is chapter XII of Act June

5, 1952, ch. 369, 66 Stat. 101, 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 787 of this title.

§ 787. Advances or expenditures from tribal

funds

Funds that are deposited to the Creek Nation

pursuant to sections 786 to 788 of this title, including interest and income therefrom, may be

advanced or expended for any purpose that is authorized by the principal chief of the Creek Nation and the Secretary of the Interior.

(Pub. L. 90–76, §2, Aug. 29, 1967, 81 Stat. 177.)

§ 788. Federal trust upon escheat of estates of

members dying intestate without heirs

When, upon the final determination of a court

having jurisdiction or by decision of the Secretary of the Interior after a period of five years

from the death of the decedent, it is determined

that a member of the Creek Nation or tribe of

Oklahoma or a person of Creek Indian blood has

died intestate without heirs, owning trust or restricted Indian lands or an interest therein in

Oklahoma, such lands or interests owned, together with all rents and profits occurring

therefrom, shall escheat to the Creek Nation of

Indians of Oklahoma and be held thereafter in

trust for said Indians by the United States.

(Pub. L. 90–76, §3, Aug. 29, 1967, 81 Stat. 177.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 787 of this title.

§ 788a. Disposition of judgment funds; preparation of Indian roll; eligibility

The Secretary of the Interior shall prepare a

roll of all persons who meet the following requirements: (a) they were born on or prior to

and were living on September 21, 1968; (b) their

names or the names of lineal ancestors appear

on any of the documents identified herein or on

any available census rolls or other records acceptable to the Secretary, which identify the

person as a Creek Indian, including ancient documents or records of the United States located

in the National Archives, State or county

records in the archives of the several States or

counties therein or in the courthouses thereof,

and other records that would be admissible as

evidence in an action to determine Indian lineage:

(1) The Final Rolls of Creeks by Blood which

were closed as of March 4, 1907;

(2) Claims of Friendly Creeks paid under the

Act of March 3, 1817 (H.R. Doc. 200, 20:1, 1828);

(3) Census of the Creek Nation, 1833, made

pursuant to article 2 of the treaty concluded

March 24, 1832 (Senate Doc. 512, 1835, Emigration Correspondence, 1831–1833, pages 239–395);

(4) Land Location Registers of Creek Indian

Lands, made pursuant to the Treaty of March

24, 1832;

(5) Any emigration or muster rolls of Creek

Indians;

(6) Any lists of self-emigrant Creek claimants (including those contained in Senate Ex.

Doc. 198, 50:1, 1888, and H.R. Ex. Doc. 238, 51:2,

1891).

Applications for enrollment must be filed with

the Area Director of the Bureau of Indian Affairs, Muskogee, Oklahoma, in the manner and

within the time limits prescribed for that purpose. The determination of the Secretary regarding the eligibility of an applicant shall be

final.

(Pub. L. 90–504, §1, Sept. 21, 1968, 82 Stat. 855.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 788b, 788d of

this title.

§ 788b. Distribution of funds; tax exemption;

equal shares

After the deduction of attorney fees, litigation

expenses, the costs of distribution, and the cost

of preparing the roll pursuant to section 788a of

this title, the funds, including interest, remaining to the credit of the Creek Nation as constituted August 9, 1814, which were appropriated