Page 363 TITLE 25—INDIANS § 1231

1So in original.

the preparation of the roll and the distribution

of the individual shares, the remaining funds on

deposit in the United States Treasury to the

credit of the Peoria Tribe on behalf of the Wea

Nation that were appropriated by the Acts of

May 13, 1966 (80 Stat. 141, 150), and June 19, 1968

(82 Stat. 239), in satisfaction of judgments that

were obtained by the Peoria Tribe on behalf of

the Wea Nation in Indian Claims Commission

dockets numbered 314, amended, and 314–E, respectively, and the funds to the credit of the Peoria Tribe of Oklahoma on behalf of the Wea,

Piankashaw, Peoria, and Kaskaskia Nations

that were appropriated by the Act of July 22,

1969 (83 Stat. 49, 62), in satisfaction of a judgment in docket numbered 65, shall be disposed of

in the following manner: The Secretary shall

pay $3,000 of such funds to the Peoria Tribe of

Oklahoma for improvement and maintenance of

the Peoria Indian Cemetery located approximately ten miles northeast of Miami, Oklahoma, and shall distribute the balance of such

funds in equal shares to those persons whose

names appear on the roll prepared pursuant to

section 1221 of this title.

(Pub. L. 91–364, §2, July 31, 1970, 84 Stat. 688.)

REFERENCES IN TEXT

Act of May 13, 1966, referred to in text, is act May 13,

1966, Pub. L. 89–426, 80 Stat. 141, known as the Second

Supplemental Appropriation Act, 1966. Chapter XI of

the act set out at 80 Stat. 150, appropriated the funds

referred to and was not classified to the Code.

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

19, 1968, Pub. L. 90–352, 82 Stat. 239, 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.

Act of July 22, 1969, referred to in text, is act July 22,

1969, Pub. L. 91–47, 83 Stat. 49, known as the Second

Supplemental Appropriation Act, 1969. Chapter XIII of

the act set out at 83 Stat. 62, appropriated the funds referred to and was not classified to the Code.

§ 1223. Distribution of shares

(a) Payments to enrollees, next of kin, or legatees

Except as provided is subsection (b) of this

section, the Secretary shall distribute a share

payable to a living enrollee directly to such enrollee and the Secretary shall distribute a per

capita share of a deceased enrollee directly 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.

(b) Payments to minors or persons under legal

disability

A share payable to a person under twenty-one

years of age or to a person under legal disability

shall be paid in accordance with such procedures, including the establishment of trusts, as

the Secretary determines will adequately protect the best interest of such person.

(Pub. L. 91–364, §3, July 31, 1970, 84 Stat. 688.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1224 of this title.

§ 1224. Subsequent judgment funds; distribution;

preparation of current membership roll

Funds that may hereafter be deposited in the

United States Treasury to the credit of the Peoria Tribe on behalf of the Wea, Kaskaskia,

Piankashaw, or Peoria Nation, to pay any judgment arising out of proceedings presently pending before the Indian Claims Commission in

dockets numbered 99, 289, 313, 314–A, B, C, and D,

and 338 and the interest accrued thereon, after

payment of attorneys’ fees and expenses and all

costs incident to bringing the roll current as

provided is 1 this section and distributing the

shares, shall be distributed on a per capita basis

in accordance with section 1223 of this title to

persons whose names appear on the roll prepared

under section 1221 of this title, after the roll has

been brought current to the date the funds are

appropriated by adding names of persons to the

roll who were born after July 31, 1970, but on or

prior to and living on the date the funds are appropriated, and by deleting names of enrollees

who died between July 31, 1970, and the date the

funds are appropriated.

(Pub. L. 91–364, §4, July 31, 1970, 84 Stat. 688.)

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.

§ 1225. Tax exemption

The funds distributed under the provisions of

this subchapter shall not be subject to Federal

or State income taxes.

(Pub. L. 91–364, §5, July 31, 1970, 84 Stat. 689.)

§ 1226. Shares not distributed within two years;

unexpended funds; reversion; bar of claims

Any per capita share, whether payable to a living enrollee or to the heirs or legatees of a deceased enrollee, which the Secretary of the Interior is unable to deliver within two years after

the date the check is issued, and all unexpended

tribal and judgment funds set aside for tribal

roll preparation and distribution, shall revert to

the Peoria Tribe, and all claims for such per

capita shall thereafter be barred forever.

(Pub. L. 91–364, §6, July 31, 1970, 84 Stat. 689.)

§ 1227. 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. 91–364, §7, July 31, 1970, 84 Stat. 689.)

SUBCHAPTER LXV—CHEMEHUEVI TRIBE:

DISTRIBUTION OF JUDGMENT FUND

§ 1231. Persons eligible for equal share payments

The funds on deposit in the Treasury of the

United States to the credit of the Chemehuevi

Tribe of Indians which were appropriated (by the

Act entitled ‘‘An Act making supplemental appropriations for the fiscal year ending June 30,

1965, and for other purposes’’, approved April 30,

1965 (79 Stat. 81)), to pay the judgment awarded

by the Indian Claims Commission (dockets numbered 351 and 351–A), together with interest

thereon, shall be distributed by the Secretary of
§ 1232 TITLE 25—INDIANS Page 364

the Interior (hereafter in this subchapter referred to as ‘‘Secretary’’) in equal shares to

those persons whose names appear on the roll

prepared in accordance with section 1232 of this

title.

(Pub. L. 91–417, §1, Sept. 25, 1970, 84 Stat. 868.)

REFERENCES IN TEXT

The Act entitled ‘‘An Act making supplemental appropriations for the fiscal year ending June 30, 1965,

and for other purposes’’, approved April 30, 1965 (79

Stat. 81), referred to in text, is Pub. L. 89–16, Apr. 30,

1965, 79 Stat. 81. 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.

§ 1232. Enrollment

(a) Preparation of roll; applications; finality of

determination

(1) The Secretary shall prepare a roll of all

persons—

(A) who were born on or prior to and living

on September 25, 1970;

(B) who are lineal descendants of members of

the Chemehuevi Tribe as it existed in 1860; and

(C) whose name or the name of a lineal ancestor appears as a Chemehuevi Indian on any

available census roll or other record or evidence acceptable to the Secretary.

(2) Applications for enrollment must be filed

in the manner and within the time limits prescribed by the Secretary for that purpose. The

determination of the Secretary regarding the

utilization of available rolls or records and the

eligibility for enrollment of an applicant shall

be final.

(b) Dual awards

Any person who has applied for and has been

determined as eligible to share in the awards

granted by the Indian Claims Commission in

dockets numbered 88, 330, and 330–A, to the

Southern Paiute Indian Nation or in dockets

numbered 31, 37, 80, 80–D, 176, 215, 333, and 347, to

‘‘Certain Indians of California’’ shall not be entitled to share in the awards granted under this

subchapter.

(Pub. L. 91–417, §2, Sept. 25, 1970, 84 Stat. 868.)

REFERENCES IN TEXT

The Indian Claims Commission, referred to in subsec.

(b), 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 1231 of this title.

§ 1233. Payments to enrollees; per capita shares

to heirs or legatees; trusts and other procedures for protection of minors and persons

under legal disability

The Secretary shall distribute a share payable

to a living enrollee directly to such enrollee.

The Secretary 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. Sums payable to enrollees or their heirs or legatees who are less

than twenty-one years of age or who are under

a legal disability shall be paid in accordance

with such procedures, including the establishment of trusts, as the Secretary determines to

be appropriate to protect their best interests.

(Pub. L. 91–417, §3, Sept. 25, 1970, 84 Stat. 868.)

§ 1234. Tax exemption

No part of any funds distributed under this

subchapter shall be subject to Federal or State

income taxes.

(Pub. L. 91–417, §4, Sept. 25, 1970, 84 Stat. 868.)

§ 1235. Identity of eligibility roll and membership

roll

The roll prepared by the Secretary of the Interior pursuant to this subchapter shall not be

deemed to constitute the membership roll of the

Chemehuevi Tribe.

(Pub. L. 91–417, §5, Sept. 25, 1970, 84 Stat. 868.)

§ 1236. Costs

The Secretary may make appropriate withdrawals from the judgment funds and interest

thereon, using interest funds first, to pay costs

incident to carrying out the provisions of this

subchapter.

(Pub. L. 91–417, §6, Sept. 25, 1970, 84 Stat. 868.)

SUBCHAPTER LXVI—PEMBINA BAND OF

CHIPPEWA INDIANS: DISTRIBUTION OF

JUDGMENT FUND

§ 1241. Distribution of funds; attorney fees and

expenses

The funds appropriated by the Act of June 9,

1964 (78 Stat. 204, 213), to pay a judgment to the

Pembina Band of Chippewa Indians in Indian

Claims Commission dockets numbered 18–A, 113,

and 191, together with the interest thereon, after

payment of attorney fees and litigation expenses, and such expenses as may be necessary

in carrying out the provisions of this subchapter, shall be distributed as provided herein.

(Pub. L. 92–59, §1, July 29, 1971, 85 Stat. 158.)

REFERENCES IN TEXT

Act of June 9, 1964, referred to in text, is act June 9,

1964, Pub. L. 88–317, 78 Stat. 204, known as the Deficiency Appropriation Act, 1964. Chapter XI of the act

set out at 78 Stat. 213, appropriated the funds referred

to and 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.

§ 1242. Membership rolls; preparation; eligibility;

excluded persons

The Secretary of the Interior shall prepare a

roll of all persons born on or prior to and living

on July 29, 1971, who are lineal descendants of

members of the Pembina Band as it was constituted in 1863, except that persons in the following categories shall not be so enrolled:

a. those who are not citizens of the United

States;

b. those who are members of the Red Lake

Band of Chippewa Indians; and