Page 347 TITLE 25—INDIANS § 998

1See References in Text note below.

(Pub. L. 101–484, §10, Oct. 31, 1990, 104 Stat. 1169;

Pub. L. 102–497, §2, Oct. 24, 1992, 106 Stat. 3255.)

AMENDMENTS

1992—Subsec. (a)(3). Pub. L. 102–497 substituted ‘‘3

years’’ for ‘‘2 years’’.

SUBCHAPTER XLVII—CHEROKEE NATION:

DISTRIBUTION OF JUDGMENT FUND

§ 991. Per capita payments to tribal members;

closure of rolls; appropriations; accrued interest; deductions

The Secretary of the Interior is authorized and

directed to distribute per capita to all persons

whose names appear on the rolls of the Cherokee

Nation, which rolls were closed and made final

as of March 4, 1907, pursuant to the Act of April

26, 1906 (34 Stat. 137), and subsequent additions

thereto, all funds which were appropriated by

the Act of September 30, 1961 (75 Stat. 733), in

satisfaction of a judgment that was obtained by

the Cherokee Tribe in the Indian Claims Commission against the United States in docket

numbered 173, together with the interest accrued thereon, except $1,432,084.17 which by stipulation of the parties has been set aside for the

payments of any offsets that are finally determined to be due the United States, and except

the amount allowed for attorney fees and expenses.

(Pub. L. 87–775, §1, Oct. 9, 1962, 76 Stat. 776.)

REFERENCES IN TEXT

Act of April 26, 1906, referred to in text, is act Apr. 26,

1906, ch. 1876, 34 Stat. 137, which is set out as a note

under section 355 of this title.

Act of September 30, 1961, referred to in text, is act

Sept. 30, 1961, Pub. L. 87–322, 75 Stat. 733. 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.

§ 992. Payments to adults, heirs or legatees;

shares under certain amounts to revert to

tribe; protection of minors and persons

under legal disability

(a) Except as provided in subsections (b) and

(c) of this section, a share or proportional share

payable to a living adult shall be paid directly

to such adult; (b) a share payable to a deceased

enrollee shall be distributed to his heirs or legatees upon the filing of proof of death and inheritance satisfactory to the Secretary of the Interior, or his authorized representative, whose

findings and determinations upon such proof

shall be final and conclusive: Provided, That proportional shares of deceased heirs amounting to

$10 or less shall not be distributed, and no inherited share amounting to $5 or less shall be paid,

and the money shall revert to the tribe; (c) a

share or proportional 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 as the Secretary determines will adequately protect the best interests of such persons.

(Pub. L. 87–775, §2, Oct. 9, 1962, 76 Stat. 776.)

§ 993. Claims

(a) Time for filing; reversion of funds upon failure to file

All claims for per capita shares, whether by a

living enrollee or by the heirs or legatees of a

deceased enrollee, shall be filed with the Area

Director of the Bureau of Indian Affairs, Muskogee, Oklahoma, not later than three years from

October 9, 1962. Thereafter, all claims and the

right to file same shall be forever barred and the

unclaimed shares shall revert to the tribe.

(b) Use of reverted funds

Tribal funds that revert to the tribe pursuant

to this subchapter, including interest and income therefrom, may be advanced or expended

for any purpose that is authorized by the principal chief of the Cherokee Nation and approved

by the Secretary of the Interior.

(Pub. L. 87–775, §3, Oct. 9, 1962, 76 Stat. 776.)

§ 994. Tax exemption

No part of any funds which may be distributed

in accordance with the provisions of this subchapter shall be subject to Federal or State income tax.

(Pub. L. 87–775, §4, Oct. 9, 1962, 76 Stat. 776.)

§ 995. Payments not subject to liens, debts, or

claims; exception

No part of any of the funds which may be so

distributed shall be subject to any lien, debt, or

claim of any nature whatsoever against the

tribe or individual Indians except delinquent

debts owed by the tribe to the United States, or

owed by individual Indians to the tribe or to the

United States.

(Pub. L. 87–775, §5, Oct. 9, 1962, 76 Stat. 776.)

§ 996. Payments not ‘‘other income and resources’’

Payments made under this subchapter shall

not be held to be ‘‘other income and resources’’,

as that term is used in sections 302(a)(10)(A),

602(a)(7),1 1202(a)(8), and 1352(a)(8) of title 42.

(Pub. L. 87–775, §6, Oct. 9, 1962, 76 Stat. 776.)

REFERENCES IN TEXT

Section 602 of title 42, referred to in text, was repealed and a new section 602 enacted by Pub. L. 104–193,

title I, §103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so

enacted, subsec. (a)(7) no longer contains the term

‘‘other income and resources’’.

§ 997. Costs

All costs incident to making the payments authorized by this subchapter shall be paid by appropriate withdrawals from the judgment fund

and interest on the judgment fund, using the interest fund first.

(Pub. L. 87–775, §7, Oct. 9, 1962, 76 Stat. 777.)

§ 998. Rules and regulations

The Secretary of the Interior is authorized to

prescribe rules and regulations to carry out the

provisions of this subchapter.