Page 319 TITLE 25—INDIANS § 881

blood of the Otoe and Missouria Tribe whose

names appear on the allotment rolls of the tribe

approved December 7, 1899, June 1, 1906, and January 17, 1907, and who are living on May 9, 1958,

and the descendants of such allottees who are

living on May 9, 1958, regardless of whether such

allottees are living or deceased. Applications for

enrollment shall be filed within six months after

May 9, 1958. The determination of the Secretary

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

(Pub. L. 85–395, §1, May 9, 1958, 72 Stat. 105.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 872 of this title.

§ 872. Per capita distribution to tribal members

The Secretary is authorized and directed to

withdraw the funds on deposit in the Treasury of

the United States to the credit of the Otoe and

Missouria Tribe appropriated by the Act of May

19, 1956 (70 Stat. 161, 176), together with accrued

interest, in satisfaction of the judgment obtained in the Indian Claims Commission against

the United States in docket numbered 11, and to

distribute such funds per capita to the persons

whose names appear on the roll prepared pursuant to section 871 of this title.

(Pub. L. 85–395, §2, May 9, 1958, 72 Stat. 105.)

REFERENCES IN TEXT

Act of May 19, 1956, referred to in text, is act May 19,

1956, ch. 313, 70 Stat. 161, 176, known as the Second Supplemental Appropriation Act, 1956. That portion of the

act which appropriated the funds referred to was not

classified to the Code.

§ 873. Per capita payments

(a) Enrollees, next of kin or legatees

The Secretary shall make per capita payments

directly to a living enrollee, except as provided

in subsection (b) of this section. The Secretary

shall distribute the share of a person determined

to be eligible for enrollment but who dies subsequent to May 9, 1958, and on whose behalf the application is filed and approved, and the share of

a deceased enrollee, directly to his next of kin

or legatee as determined by the laws of the place

of domicile of the decedent, upon proof of death

and inheritance satisfactory to the Secretary,

whose findings upon such proof shall be final

and conclusive.

(b) Minors and persons under legal disability

Per capita payments due persons under twenty-one years of age or persons under legal disability shall be made in accordance with the

laws of the place of domicile of such person, or

in accordance with such procedures as the Secretary determines will adequately protect the

best interests of such persons.

(c) Payments not subject to debts; tax exemption

No part of any per capita payment shall be

subject to any debt or debts, other than to the

United States, created prior to May 9, 1958, by a

person of Indian blood, and such per capita payments shall not be taxable.

(Pub. L. 85–395, §3, May 9, 1958, 72 Stat. 106; Pub.

L. 86–540, June 29, 1960, 74 Stat. 252.)

AMENDMENTS

1960—Subsec. (b). Pub. L. 86–540 authorized per capita

payments to be made in accordance with such procedures as the Secretary determines will adequately protect the best interests of the persons.

§ 874. Costs

All costs incurred by the Secretary in the

preparation of such roll and in the payment of

such per capita shares shall be paid from the

judgment fund or the interest accruing thereon.

(Pub. L. 85–395, §4, May 9, 1958, 72 Stat. 106.)

§ 875. Rules and regulations

The Secretary is authorized to prescribe rules

and regulations to carry out the provisions of

this subchapter.

(Pub. L. 85–395, §5, May 9, 1958, 72 Stat. 106.)

§ 876. Advances or expenditures from tribal

funds; tax exemption

The unexpended balance of funds on deposit in

the Treasury of the United States to the credit

of the Otoe and Missouria Tribe of Indians that

were appropriated by the Act of June 9, 1964, to

pay a judgment by the Indian Claims Commission in docket numbered 11–A, and the interest

thereon, less payment of attorney fees and expenses, may be advanced or expended for any

purpose that is authorized by the tribal governing body and approved by the Secretary of the

Interior. Any part of such funds that may be distributed to the members of the tribe shall not be

subject to Federal or State income taxes. The

sum of $150,000, and any accrued interest thereon, shall be held in the United States Treasury

pending final determination of the Yankton

Sioux claim in docket numbered 332–A. Any portion of such sum that is determined to belong to

the Otoe and Missouria Tribe shall thereupon

become subject to the foregoing provisions of

this section.

(Pub. L. 89–661, Oct. 14, 1966, 80 Stat. 911.)

REFERENCES IN TEXT

Act of June 9, 1964, referred to in text, is Pub. L.

88–317, June 9, 1964, 78 Stat. 204, 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.

CODIFICATION

Section was not enacted as part of Pub. L. 85–395,

May 9, 1958, 72 Stat. 105, which comprises this subchapter.

SUBCHAPTER XXXIX—INDIANS OF

OKLAHOMA

§ 881. Potawatomi Indians; disposition of judgment fund; deductions; advances or expenditures for authorized purposes; tax exemption

The funds on deposit in the Treasury of the

United States to the credit of the Citizen Band

of Potawatomi Indians of Oklahoma that were

appropriated by the Act of July 22, 1969 (Public

Law 91–47) to pay a judgment by the Indian

Claims Commission in docket numbered 96 dated

August 27, 1968, and the interest thereon, includ-