§ 788f TITLE 25—INDIANS Page 316

§ 788f. Distribution of funds; tax exemption;

equal shares

All costs incident to carrying out the provisions of sections 788e to 788h of this title shall be

paid by appropriate withdrawals from the judgment funds referred to in this section. After deducting attorney fees and all other costs, the remainder of the funds, including interest, to the

credit of the Creek Nation appropriated by the

Act of October 27, 1966 (80 Stat. 1057), shall be

distributed in equal shares to those persons

whose names appear on the roll prepared in accordance with section 788e of this title. The

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

(Pub. L. 90–506, §2, Sept. 21, 1968, 82 Stat. 859.)

REFERENCES IN TEXT

Act of October 27, 1966, referred to in text, is act Oct.

27, 1966, Pub. L. 89–697, 80 Stat. 1057. That portion of the

act which appropriated the funds referred to was not

classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 788g. 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 the per

capita share of a deceased enrollee shall be paid

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 whom the Secretary of the

Interior determines will best protect their interests.

(Pub. L. 90–506, §3, Sept. 21, 1968, 82 Stat. 859.)

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

§ 788h. Rules and regulations

The Secretary of the Interior is authorized to

prescribe rules and regulations to carry out the

provisions of sections 788e to 788h of this title,

including an appropriate deadline for filing applications for enrollment.

(Pub. L. 90–506, §4, Sept. 21, 1968, 82 Stat. 859.)

SECTION REFERRED TO IN OTHER SECTIONS

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

SUBCHAPTER XXXV—WYANDOTTE TRIBE

OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION

§§ 791 to 807. Repealed. Pub. L. 95–281, § 1(b)(1),

May 15, 1978, 92 Stat. 246

Section 791, act Aug. 1, 1956, ch. 843, §1, 70 Stat. 893,

set out purpose of sections 791 to 807 of this title as termination of Federal supervision and services for tribe.

Section 792, act Aug. 1, 1956, ch. 843, §2, 70 Stat. 893,

defined ‘‘tribe’’, ‘‘Secretary’’, ‘‘lands’’, and ‘‘tribal

property’’.

Section 793, act Aug. 1, 1956, ch. 843, §3, 70 Stat. 893,

related to preparation and publication of membership

roll.

Section 794, act Aug. 1, 1956, ch. 843, §4, 70 Stat. 893,

restricted personal property rights upon publication of

final membership roll.

Section 795, act Aug. 1, 1956, ch. 843, §5, 70 Stat. 893,

related to procedures for transfer of tribal property.

Section 796, act Aug. 1, 1956, ch. 843, §6, 70 Stat. 894,

related to transfers of individual property to members

of tribe.

Section 797, act Aug. 1, 1956, ch. 843, §7, 70 Stat. 894,

provided for applicability of probate laws to property of

deceased members.

Section 798, act Aug. 1, 1956, ch. 843, §8, 70 Stat. 895,

related to applicability of Federal or State tax laws to

property distributions.

Section 799, act Aug. 1, 1956, ch. 843, §9, 70 Stat. 895,

provided for protection by Secretary of minors, etc.,

prior to transfers or removal of restrictions on property.

Section 800, act Aug. 1, 1956, ch. 843, §10, 70 Stat. 895,

provided for availability of tribal funds for advances or

expenditures.

Section 801, act Aug. 1, 1956, ch. 843, §11, 70 Stat. 895,

authorized Secretary to execute patents, deeds, etc., as

necessary for implementation of provisions for termination of supervision.

Section 802, act Aug. 1, 1956, ch. 843, §12, 70 Stat. 895,

provided for nonabrogation by termination of supervision of any valid lease, permit, license. etc.

Section 803, act Aug. 1, 1956, ch. 843, §13, 70 Stat. 896,

related to procedures for termination of Federal trust

over tribal and individual property.

Section 804, act Aug. 1, 1956, ch. 843, §14, 70 Stat. 896,

provided for revocation of tribal corporate charter and

termination of Federal powers over tribe.

Section 805, act Aug. 1, 1956, ch. 843, §15, 70 Stat. 896,

provided for termination of supervision as not affecting

prior claims filed by tribe against United States.

Section 806, act Aug. 1, 1956, ch. 843, §16, 70 Stat. 896,

provided for nonabrogation by termination of supervision of tribal or individual water rights.

Section 807, act Aug. 1, 1956, ch. 843, §17, 70 Stat. 896,

authorized Secretary to issue rules and regulations and

hold referendums for implementation of provisions relating to termination of supervision.

REPEAL OF INCONSISTENT LAWS

Section 18 of act Aug. 1, 1956, which related to repeal

of inconsistent Acts, etc., was repealed by Pub. L.

95–281, §1(b)(1), May 15, 1978, 92 Stat. 246.

SEPARABILITY

Section 19 of act Aug. 1, 1956, which provided for validity of remainder of act of Aug. 1, 1956, in event of determination of invalidity of any part of such act, was

repealed by Pub. L. 95–281, §1(b)(1), May 15, 1978, 92

Stat. 246.

SUBCHAPTER XXXVI—PEORIA TRIBE OF

OKLAHOMA: TERMINATION OF FEDERAL

SUPERVISION

§§ 821 to 826. Repealed Pub. L. 95–281, § 1(b)(2),

May 15, 1978, 92 Stat. 246

Section 821, act Aug. 2, 1956, ch. 881, §1, 70 Stat. 937,

set out purpose of sections 821 to 826 of this title as termination of Federal supervision and services for tribe.

Section 822, act Aug. 2, 1956, ch. 881, §2, 70 Stat. 937,

related to removal of restrictions on sales or encumbrances and nature of title passed.

Section 823, act Aug. 2, 1956, ch. 881, §3, 70 Stat. 937,

related to termination of Federal trust and services.

Section 824, act Aug. 2, 1956, ch. 881, §4, 70 Stat. 937,

provided for revocation of tribal corporate charter and

termination of Federal powers over tribe.

Section 825, act Aug. 2, 1956, ch. 881, §5, 70 Stat. 938,

provided for termination of supervision as not affecting

prior claims filed by tribe against United States.