Page 373 TITLE 25—INDIANS § 1300d–4

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300d–2 of this

title.

§ 1300d–2. Apportionment of funds; deposit in

United States Treasury; per capita shares;

advances, deposits, expenditures, investments, or reinvestments for approved purposes

After deducting the amounts authorized in

section 1300d of this title, the funds derived from

the judgment awarded the Indian Claims Commission dockets numbered 360, 361, 362, 363, and

one-half of the amount awarded in docket numbered 359, plus accrued interest, shall be apportioned on the basis of the rolls prepared pursuant to section 1300d–1 of this title. An amount

equivalent to the proportionate shares of those

persons who are members of the Flandreau Santee Sioux Tribe of South Dakota, the Santee

Sioux Tribe of Nebraska, the Lower Sioux Indian Community, the Prairie Island Indian Community, and the Shakopee Mdewakanton Sioux

Community shall be placed on deposit in the

United States Treasury to the credit of the respective groups. Eighty per centum of such

funds on deposit to the credit of the Flandreau

Santee Sioux Tribe of South Dakota and the

Santee Sioux Tribe of Nebraska shall be distributed per capita to such tribal members, and the

remainder may be advanced, deposited, expended, invested, or reinvested for any purpose

designated by the respective tribal governing

bodies and approved by the Secretary of the Interior. One hundred per centum of such funds on

deposit to the credit of the Lower Sioux Indian

Community, the Prairie Island Indian Community, and the Shakopee Mdewakanton Sioux

Community shall be distributed per capita of

such tribal members: Provided, That none of the

funds may be paid per capita to any person

whose name does not appear on the rolls prepared pursuant to section 1300d–1 of this title.

The shares of enrollees who are not members of

such groups shall be paid per capita.

(Pub. L. 92–555, title I, §102, Oct. 25, 1972, 86 Stat.

1168.)

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.

CODIFICATION

Reference in proviso to ‘‘section 1300d–1 of this title’’

was substituted for ‘‘section 2 of this Act’’ as the probable intent of Congress.

§ 1300d–3. Upper Council Sioux

(a) Membership rolls; applications

The Devils Lake Sioux Tribe of North Dakota,

and the Sisseton and Wahpeton Sioux Tribe of

South Dakota, shall bring current their membership rolls of October 25, 1972. The Assiniboine

and Sioux Tribes of the Fort Peck Reservation,

Montana, shall prepare rolls of their members

who are lineal descendants of the Sisseton and

Wahpeton Mississippi Sioux Tribe, who were

born on or prior to and are living on October 25,

1972, and who are entitled to enrollment on their

respective membership rolls in accordance with

the applicable rules and regulations of the tribe

or group involved, using available, records and

rolls at the local agency and area offices, and

any other available records and rolls. Applications for enrollment must be filed with each

group named in this section and such rolls shall

be subject to approval of the Secretary of the Interior. The Secretary’s determination on all applications for enrollment shall be final.

(b) Roll of lineal descendants; applications

The Secretary of the Interior shall prepare a

roll of the lineal descendants of the Sisseton and

Wahpeton Mississippi Sioux Tribe who were

born on or prior to and are living on October 25,

1972, whose names or the name of a lineal ancestor appears on any available records and rolls

acceptable to the Secretary, and who are not

members of any of the organized groups listed in

subsection (a) of this section. Applications for

enrollment must be filed with the Area Director,

Bureau of Indian Affairs, Aberdeen, South Dakota. The Secretary’s determination on all applications for enrollment shall be final.

(Pub. L. 92–555, title II, §201, Oct. 25, 1972, 86

Stat. 1169.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300d–4 of this

title.

§ 1300d–4. Apportionment of funds

(a) Basis of apportionment

After deducting the amount authorized in section 1300d of this title, the funds derived from

the judgment awarded in Indian Claims Commission docket numbered 142 and the one-half remaining from the amount awarded in docket

numbered 359, plus accrued interest, shall be apportioned on the basis of reservation residence

and other residence shown on the 1909

McLaughlin annuity roll, as follows:

Tribe or group Percentage

Devils Lake Sioux of North Dakota ........... 21.6892

Sisseton-Wahpeton Sioux of South Dakota 42.9730

Assiniboine and Sioux Tribe of the Fort

Peck Reservation, Montana .................... 10.3153

All other Sisseton and Wahpeton Sioux ..... 25.0225

(b) Deposit in United States Treasury; per capita

shares; advances, deposits, expenditures, investments, or reinvestments for approved

purposes; programing proposals

The shares of the Devils Lake Sioux Tribe of

North Dakota, the Sisseton and Wahpeton Sioux

Tribe of South Dakota, and the Assiniboine and

Sioux Tribe of the Fort Peck Indian Reservation, Montana, as apportioned in accordance

with subsection (a) of this section, shall be

placed on deposit in the United States Treasury

to the credit of the respective groups. Seventy

per centum of such funds shall be distributed per

capita to their tribal members: Provided, That

none of the funds may be paid per capita to any

person whose name does not appear on the rolls

prepared pursuant to section 1300d–3(a) of this

title. The remainder of such funds may be advanced, deposited, expended, invested, or reinvested for any purpose designated by the respec-