Page 315 TITLE 25—INDIANS § 788e

by the Act of April 30, 1965, to pay a judgment

obtained in Indian Claims Commission docket

numbered 21, shall be distributed on a per capita

basis to all persons whose names appear on the

roll. The funds so distributed shall not be subject to Federal or State income taxes.

(Pub. L. 90–504, §2, Sept. 21, 1968, 82 Stat. 855.)

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 Appropriations Act, 1965. That portion of

the act which appropriated the funds referred to was

not classified to the Code.

DISTRIBUTION OF CERTAIN UNDISTRIBUTED JUDGMENT

FUNDS AWARDED TO CREEK NATION

Pub. L. 98–390, Aug. 21, 1984, 98 Stat. 1356, provided:

‘‘That, notwithstanding Public Law 90–506 [25 U.S.C.

788e et seq.] and any other provision of law, any funds

appropriated by Public Law 89–697 [Oct. 27, 1966, 80 Stat.

1057] in satisfaction of a judgment awarded the Muscogee (Creek) Nation of Oklahoma in docket numbered

276 of the Indian Claims Commission which have not

been distributed on the date of enactment of this Act

[Aug. 21, 1984] (including all interest and investment income accrued thereon) shall be distributed by the Secretary of the Interior to the Muscogee (Creek) Nation

of Oklahoma as needed to make expenditures for any

plan or program authorized by ordinance of such Nation.

‘‘SEC. 2. (a) Notwithstanding Public Law 90–504 [25

U.S.C. 788a et seq.] and any other provision of law, any

funds appropriated by Public Law 89–16 [Apr. 30, 1965, 79

Stat. 81] in satisfaction of a judgment awarded the

Creek Nation of Indians in docket numbered 21 of the

Indian Claims Commission which have not been distributed on the date of enactment of this Act [Aug. 21, 1984]

(including all interest and investment income accrued

thereon) shall be used and distributed in accordance

with the provisions of this section.

‘‘(b)(1) The Secretary of the Interior (hereinafter in

this section referred to as the ‘Secretary’) shall allocate—

‘‘(A) 81.6196 per centum of the funds described in

subsection (a) to the Muscogee (Creek) Nation of

Oklahoma, and

‘‘(B) 18.3804 per centum of the funds described in

subsection (a) to the Eastern Creeks.

‘‘(2) The funds allocated to the Muscogee (Creek) Nation of Oklahoma under paragraph (1) shall be distributed to such Nation by the Secretary as needed to

make expenditures for any plan or program authorized

by ordinance of such Nation.

‘‘(3)(A) The funds allocated to the Eastern Creeks

under paragraph (1) shall be held in trust and invested

by the Secretary for the benefit of the Eastern Creeks.

‘‘SEC. 3. (a) If one or more of the Eastern Creek entities that have filed a petition for Federal acknowledgement are acknowledged to be an Indian tribe on or before December 30, 1984, such tribe or tribes shall be

deemed to be a successor entity to the original Eastern

Creek group for purposes of distribution of the residual

funds in docket numbered 21, and the funds held in

trust for the benefit of the Eastern Creeks under section 2 of this Act (including all interest and income accrued thereon) shall be distributed to such tribe or

tribes by the Secretary as needed to make any expenditures for any plan or program authorized by ordinance

or resolution of such tribe or tribes.

‘‘(b) If more than one tribal entity is recognized by

the Secretary, such funds shall be prorated between the

tribes on the basis of their respective base membership

rolls on the date of acknowledgement.

‘‘(c) If none of the Eastern Creeks which have filed a

petition for acknowledgement are recognized as an Indian tribe by the Secretary prior to December 30, 1984,

the funds held in trust for the Eastern Creeks under

this Act (including all interest and income accrued

thereon) shall be distributed by the Secretary in the

form of per capita payments in addition to any amount

appropriated in satisfaction of a judgment awarded the

Eastern Creeks in docket numbered 275 of the Indian

Claims Commission.

‘‘SEC. 4. If Federal recognition as an Indian tribe is

extended to any Eastern Creek entity prior to distribution of the funds awarded in docket numbered 272 and

275, such tribe or tribes shall be entitled to amend the

existing distribution plans for these awards by filing

with the Secretary an alternative distribution plan for

its proportionate share of funds in these dockets.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 788d of this title.

§ 788c. Heirs of deceased enrollees

The Secretary shall distribute a share payable

to a living enrollee directly to such enrollee or

in such manner as is deemed by the Secretary to

be in the enrollee’s best interest, and he shall

distribute the per capita share of a deceased enrollee to his heirs or legatees upon proof of

death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be

final and conclusive. Sums payable to enrollees

or their heirs or legatees who are less than

twenty-one years of age or who are under legal

disability shall be paid to the persons who the

Secretary determines will best protect their interests.

(Pub. L. 90–504, §3, Sept. 21, 1968, 82 Stat. 855.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 788d of this title.

§ 788d. Rules and regulations

The Secretary of the Interior is authorized to

prescribe rules and regulations to carry out the

provisions of sections 788a to 788d of this title,

including establishing an appropriate deadline

for filing applications.

(Pub. L. 90–504, §4, Sept. 21, 1968, 82 Stat. 855.)

§ 788e. Disposition of judgment funds

(a) Preparation of Indian roll; eligibility

The Secretary of the Interior shall prepare a

roll of the Creek Indians who meet the following

requirements: (1) they were born on or prior to

and living on September 21, 1968, and (2) their

names or the names of lineal ancestors through

whom eligibility is claimed appear on either the

1857 or 1859 payment roll prepared pursuant to

Article VI of the Treaty of August 7, 1856 (11

Stat. 699), or on the Final Roll of Creeks by

Blood closed as of March 4, 1907, pursuant to

statute.

(b) Applications for enrollment

Applications for enrollment shall be filed with

the Area Director, Bureau of Indian Affairs,

Muskogee, Oklahoma, in the manner, within the

time limit, and on the form prescribed for that

purpose. The determination of the Secretary of

the eligibility for enrollment of an applicant

shall be final.

(Pub. L. 90–506, §1, Sept. 21, 1968, 82 Stat. 859.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 788f, 788h of this

title.