§ 767 TITLE 25—INDIANS Page 312

related to the economic development of the tribe. If the

Secretary does not approve such plan, he shall, at the

time of his decision, set forth in writing the reasons for

his disapproval. With the approval of the Secretary, the

tribe may alter the economic development plan subject

to the conditions set forth in this section.

‘‘(c) There is authorized to be appropriated in fiscal

year 1985 the sum of $2,500,000, which shall be deposited

in the Fund. Not more than 5 per centum of any

amount appropriated to the Fund under this section

may be obligated or spent by the tribe under any contract or agreement relating to the employment of legal

counsel.

‘‘(d) The transfer of the approximately four thousand

seven hundred and seventy acres of land and the appropriation of the $2,500,000 authorized by this Act shall be

in complete fulfillment of the provisions of Public Law

96–227 [this subchapter] relating to the enlargement of

the tribe’s reservation.

‘‘SEC. 5. For purposes of this Act—

‘‘(1) the term ‘tribe’ means the Cedar City,

Shivwits, Kanosh, Koosharem, and Indian Peaks

Bands of Paiute Indians of Utah; and

‘‘(2) except where otherwise specified, the term

‘Secretary’ means the Secretary of the Interior.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 762 of this title.

§ 767. Legal claims barred for lands lost through

tax or other sales since September 1, 1954

Any legal claims for lands owned by the

Shivwits, Kanosh, Koosharem, or Indian Peaks

Bands of Paiute Indians of Utah and lost

through tax sales or any other sales to individuals, corporations, or the State of Utah since

September 1, 1954, are hereby barred.

(Pub. L. 96–227, §8, Apr. 3, 1980, 94 Stat. 322.)

§ 768. Rules and regulations

The Secretary may make such rules and regulations as are necessary to carry out the purposes of this subchapter.

(Pub. L. 96–227, §9, Apr. 3, 1980, 94 Stat. 322.)

SUBCHAPTER XXXIII—INDIAN TRIBES OF

OREGON

§ 771. Enrollment of descendants; determination

of eligibility

The Secretary of the Interior, hereafter referred to as the ‘‘Secretary’’, is authorized and

directed to prepare separate rolls of the Indians

of the blood of the Molel or Molallalas Tribe of

Oregon and of the Confederated Bands of the

Umpqua Tribe of Indians and the Calappoias residing in the Umpqua Valley, and of the Tillamook, Coquille, Tootootoney, and Chetco Tribes

of Oregon, living on August 30, 1954. Applications for enrollment shall be filed within one

year of August 30, 1954. The determination of the

Secretary of the eligibility of an applicant for

enrollment shall be final and conclusive. No person shall be entitled to be enrolled on more than

one roll.

(Aug. 30, 1954, ch. 1085, §1, 68 Stat. 979.)

§ 772. Per capita payments to tribal members; tax

exemption

The Secretary is authorized and directed to

withdraw the funds on deposit in the Treasury of

the United States to the credit of the respective

tribes or bands, including those funds appropriated by Public Law 253 (Eighty-second Congress) approved November 1, 1951, in satisfaction

of judgments obtained by the tribes or bands in

the cases of Alcea Band of Tillamook, et al.,

against United States (119 C. Cls. 835), and Rogue

River Tribes of Indians, et al., against United

States (116 C. Cls. 454), and to make appropriate

and equitable per capita payments therefrom to

each person whose name appears on said approved rolls: Provided, That any amounts paid to

or for individual members, or distributed to or

for the legatees or next of kin of any enrollee, as

provided in this subchapter, shall not be subject

to Federal tax.

(Aug. 30, 1954, ch. 1085, §2, 68 Stat. 979.)

REFERENCES IN TEXT

Public Law 253 (Eighty-second Congress), referred to

in text, is act Nov. 1, 1951, ch. 664, 65 Stat. 736, known

as the Supplemental Appropriations Act, 1952, which

was not classified to the Code.

§ 773. Payments

(a) Enrollees, next of kin, or legatees

The Secretary shall make payments directly

to a living enrollee. The Secretary shall distribute the share of a person determined to be eligible for enrollment, but who dies subsequent to

August 30, 1954, and on whose behalf an application is filed and approved, and the share of a deceased enrollee, directly to his next of kin or

legatees as determined by the laws of the 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;

guardians

Payments due persons under twenty-one years

of age or persons under legal disability shall be

made in accordance with laws applicable to such

persons in the State of domicile of the payee.

The Secretary may apply to any court of competent jurisdiction for the appointment of a

guardian to receive and administer payments

due a person under twenty-one years of age or

under legal disability, and may take such other

action as he deems appropriate for the protection of the interests of any such person in connection with payments hereunder.

(c) Payments not subject to debts; time limits

No part of any payment hereunder shall be

subject to any debt or debts created prior to August 30, 1954 by a beneficiary of Indian blood.

Payment to living enrollees, unless under twenty-one years of age, or under legal disability,

shall be completed within one year after approval of the tribal rolls. Payment to next of

kin and legatees, and payment for the account

of persons under twenty-one years of age or

under legal disability shall be completed within

the same period of time to the maximum extent

possible.

(Aug. 30, 1954, ch. 1085, §3, 68 Stat. 979.)

§ 774. Costs

All costs incurred by the Secretary in the

preparation of such rolls and the payment of