§ 658 TITLE 25—INDIANS Page 266

satisfied that reasonable and diligent efforts

have been made to locate a person whose name

is on said roll and that such person cannot be located, he may presume that such person died

prior to May 24, 1950, and his presumption shall

be conclusive. The Secretary of the Interior

shall prepare not less than five hundred copies

of an alphabetical list of the Indians of California whose names appear on the roll approved on

May 16, 1933, giving the name, address, and age

at time of enrollment of each such enrollee, together with such other factual information, if

any, as the Secretary may deem advisable as

tending to identify each enrollee, and shall distribute copies of this list to the various communities of California Indians. The Indians of California in each community may elect a committee of three enrollees who may aid the enrolling

agent in any matters relating to the revision of

said roll. After the expiration of the period allowed by this section for filing applications, the

Secretary of the Interior shall have until June

30, 1955, to approve and promulgate the revised

roll of the Indians of California provided for in

this section. Upon such approval and promulgation, the roll shall be closed and thereafter no

additional names shall be added thereto.

(May 18, 1928, ch. 624, §7, 45 Stat. 603; Apr. 29,

1930, ch. 222, 46 Stat. 259; June 30, 1948, ch. 765,

§1, 62 Stat. 1166; May 24, 1950, ch. 196, §1, 64 Stat.

189; June 8, 1954, ch. 271, §1, 68 Stat. 240.)

AMENDMENTS

1954—Act June 8, 1954, inserted sentence providing for

presumption of death, for purposes of cl. (d), after failure to locate, and extended to June 30, 1955, time for

approving and promulgating revised roll.

1950—Act May 24, 1950, permitted revision of roll to

include certain classes of Indians not previously eligible for inclusion.

1948—Act June 30, 1948, amended section generally to

permit Secretary of the Interior to revise roll of Indians.

1930—Act Apr. 29, 1930, increased time within which

an Indian could make application to be enrolled, and

increased time within which Secretary of the Interior

could alter and revise roll.

APPROPRIATIONS

Section 2 of act June 30, 1948, authorized $25,000 for

the Secretary of the Interior to be used to defray the

expense incurred in revising the roll as provided for in

this section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 658 of this title.

§ 658. Distribution of $150 from fund to each enrolled Indian

Notwithstanding the provisions of section 656

of this title, the Secretary of the Interior, under

such regulations as he may prescribe, is authorized and directed to distribute per capita the

sum of $150 to each Indian of California living on

May 24, 1950, who is now or may hereafter be enrolled under sections 651 and 657 of this title.

The Secretary of the Interior may, in his discretion, make such distribution from time to time

to persons on the roll of the Indians of California approved on May 16, 1933, as he identifies

such enrollees, before the completion of the revised roll provided for in section 657 of this title.

The Secretary of the Interior is authorized to

withdraw from the fund on deposit in the Treasury of the United States arising from the judgment in favor of the Indians of California entered by the Court of Claims on December 4,

1944, and appropriated for them by section 203 of

the Act of April 25, 1945 (59 Stat. 77), such sums

as may be necessary to make the per capita payments required by this section, including not to

exceed $15,000 for the purpose of defraying the

expenses incident to carrying out the provisions

of sections 657 and 658 of this title. Such payments shall be made out of the accumulated interest on such judgment fund and so much of the

principal thereof as is necessary to complete the

payments. The money paid to enrollees pursuant

to this section shall not be subject to any lien or

claim of any nature against any such persons,

except for debts owing to the United States.

(May 24, 1950, ch. 196, §2, 64 Stat. 190.)

REFERENCES IN TEXT

The Court of Claims, referred to in text, and the

Court of Customs and Patent Appeals were merged effective Oct. 1, 1982, into a new United States Court of

Appeals for the Federal Circuit by Pub. L. 97–164, Apr.

2, 1982, 96 Stat. 25, which also created a United States

Claims Court [now United States Court of Federal

Claims] that inherited the trial jurisdiction of the

Court of Claims. See sections 48, 171 et seq., 791 et seq.,

and 1491 et seq. of Title 28, Judiciary and Judicial Procedure.

Section 203 of the Act of April 25, 1945, referred to in

text, is section 203 of act Apr. 25, 1945, ch. 95, title II,

59 Stat. 94, which was not classified to the Code.

CODIFICATION

Section was not enacted as part of act May 18, 1928,

ch. 624, 45 Stat. 602, which comprises this subchapter.

§ 659. Distribution of judgment fund

(a) Preparation of Indian roll

The Secretary of the Interior shall prepare a

roll of persons of Indian blood who apply for inclusion thereon and (i) whose names or the name

of a lineal or collateral relative appears on any

of the approved rolls heretofore prepared pursuant to this subchapter and the amendments

thereto or (ii) who can establish, to the satisfaction of the Secretary, lineal or collateral relationship to an Indian who resided in California

on June 1, 1852, and (iii) who were born on or before and were living on September 21, 1968.

(b) Contents

The roll so prepared shall indicate, as nearly

as possible, the group or groups of Indians of

California with which the ancestors of each enrollee were affiliated on June 1, 1852. If the affiliation of an enrollee’s ancestors on that date

is unknown, it shall be presumed to be the same

as that of the ancestors’ relatives whose affiliation is known unless there is sound reason to

believe otherwise. Applicants whose ancestry is

derived partly from one of the groups named in

section 660(b) of this title and partly from another group of Indians in California shall elect

the affiliation to be shown for them on the roll.

(c) Application for enrollment

Application for enrollment shall be filed with

the Area Director of the Bureau of Indian Af-