dreamproit/uscode huggingface dataset:
25 U.S.C. § 1011 (INDIANS)
§ 1011. Membership roll; preparation; eligibility for enrollment; time for filing application; finality of Secretary’s determination
The Secretary of the Interior shall prepare a roll of the persons of Snake or Paiute Indian ancestry who meet the following requirements for eligibility: (1) They were born on or prior to and living on August 20, 1964; and (2) they were members of or are lineal descendants of members of the bands whose chiefs and headmen We-you-we-wa (Wewa), Gaha-nee, E-hi-gant (Egan), Po-nee, Chaw-wat-na-nee, Owits (Oits), and Tash-e-go, signed the unratified Treaty of December 10, 1868; and (3) they do not elect to participate as beneficiaries of any awards granted in the docket numbered 87 claim of the Northern Paiute Nation. Applications for enrollment must be filed with the area director of the Bureau of Indian Affairs, Portland, Oregon, within nine months after August 20, 1964 on forms prescribed for that purpose. The determination of the Secretary regarding utilization of available rolls or records and the eligibility for enrollment of an applicant shall be final.
(Pub. L. 88–464, § 1, Aug. 20, 1964, 78 Stat. 563.)
25 U.S.C. § 1012 (INDIANS)
§ 1012. Authorization to withdraw, prorate and distribute funds
The Secretary is authorized and directed to withdraw the funds on deposit in the Treasury of the United States to the credit of the Snake or Paiute Tribe that were appropriated by the Act of April 13, 1960 (74 Stat. 42), in satisfaction of a judgment that was obtained by the tribe in the Indian Claims Commission against the United States in docket numbered 17 together with the interest accrued thereon, after payment of attorney fees and expenses, as well as all other expenses, and to prorate such funds among those persons whose names appear on the roll prepared pursuant to section 1011 of this title for distribution as hereinafter provided.
(Pub. L. 88–464, § 2, Aug. 20, 1964, 78 Stat. 563.)
heading: References in Text
text: Act of April 13, 1960, referred to in text, is Pub. L. 86–424, Apr. 13, 1960, 74 Stat. 42. 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.
25 U.S.C. § 1013 (INDIANS)
§ 1013. Distribution; persons entitled; considerations; tax exemption
The Secretary shall distribute shares payable to living persons enrolled pursuant to section 1011 of this title and shares payable to the heirs or legatees of deceased persons enrolled pursuant to section 1011 of this title according to rules and regulations which he shall prescribe, taking into account that in some instances a planned individual or group program for the use of shares may more properly serve the long-term interest of the enrollees than would direct, unsupervised per capita payment. The funds so distributed shall not be subject to Federal or State income tax.
(Pub. L. 88–464, § 3, Aug. 20, 1964, 78 Stat. 563.)
25 U.S.C. § 1014 (INDIANS)
§ 1014. Costs
All costs incurred by the Secretary in the preparation of the rolls and in the distribution of payment of pro rata shares in accordance with the provisions of this subchapter shall be paid by appropriate withdrawals from the judgment fund.
(Pub. L. 88–464, § 4, Aug. 20, 1964, 78 Stat. 563.)
25 U.S.C. § 1031 (INDIANS)
§ 1031. Disposition of funds
The funds on deposit in the Treasury of the United States to the credit of the Shawnee Tribe or Nation that were appropriated by the Act of September 30, 1961 (75 Stat. 733), to pay a judgment that was obtained by the tribe or nation in the Indian Claims Commission for inadequate compensation for lands ceded to the United States under the treaty of May 10, 1854 (10 Stat. 1053), and the interest thereon, shall be divided on the basis of 514/1378ths to the Absentee Band of Shawnee Indians of Oklahoma; 747/1378ths to the Cherokee Band of Shawnee Indians of Oklahoma; and 117/1378ths to the Eastern Band of Shawnee Indians of Oklahoma, after payment of attorney fees and expenses of litigation.
(Pub. L. 88–457, § 1, Aug. 20, 1964, 78 Stat. 555.)
heading: References in Text
text: Act of September 30, 1961, referred to in text, is Pub. L. 87–332, Sept. 30, 1961, 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.
25 U.S.C. § 1032 (INDIANS)
§ 1032. Absentee and Eastern Bands; authorization for use of funds by tribal governing bodies; approval of Secretary of the Interior
The funds placed to the credit of the Absentee and the Eastern Bands of Shawnee Indians in the United States Treasury, and the interest thereon may be advanced or expended for any purpose and in such manner as the respective tribal governing bodies authorize and the Secretary of the Interior approves.
(Pub. L. 88–457, § 2, Aug. 20, 1964, 78 Stat. 555.)
25 U.S.C. § 1033 (INDIANS)
§ 1033. Cherokee Band; preparation of roll; eligibility for enrollment; rules and regulations
For the purpose of determining individual interests in the funds placed to the credit of the Cherokee Band of Shawnee Indians pursuant to section 1031 of this title, the Secretary shall prepare a new roll based on the roll of Cherokee Shawnees prepared in accordance with the Act of March 2, 1889 (25 Stat. 994). Eligible for inclusion on this new payment roll shall be all persons living on August 20, 1964, (a) who are, themselves, listed on the 1889 roll and (b) who are direct lineal descendants of persons listed on the 1889 roll. The Secretary may promulgate such rules and regulations as he considers necessary to carry out the purposes of this section.
(Pub. L. 88–457, § 3, Aug. 20, 1964, 78 Stat. 555.)
heading: References in Text
text: Act of March 2, 1889, referred to in text, is act Mar. 2, 1889, ch. 412, 25 Stat. 994. Provisions of the act relating to roll of the Cherokee Shawnee were not classified to the Code.
25 U.S.C. § 1034 (INDIANS)
§ 1034. Cherokee Band; per capita distribution
When the roll prepared pursuant to section 1033 of this title has been completed and finally approved, the Secretary shall withdraw from the Treasury the funds placed to the credit of the Cherokee Band of Shawnee Indians in accordance with section 1031 of this title, together with the interest accumulated thereon, and shall distribute them in equal per capita shares to persons whose names appear on the roll: Provided, That no person who receives a per capita payment from funds credited to the Cherokee Band of Shawnee Indians shall be permitted to share in any per capita distribution of the funds credited to the Absentee and Eastern Bands of Shawnee Indians.
(Pub. L. 88–457, § 4, Aug. 20, 1964, 78 Stat. 555.)
25 U.S.C. § 1035 (INDIANS)
§ 1035. Distribution of shares
(a) Payments to enrollees, next of kin, or legatees
Except as provided in subsection (b) of this section, the Secretary shall distribute a per capita share payable to a living enrollee directly to such enrollee, and the Secretary shall distribute a per capita share payable to a deceased enrollee directly to his next of kin 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 as the Secretary determines will adequately protect the best interests of such persons.
(Pub. L. 88–457, § 5, Aug. 20, 1964, 78 Stat. 555.)
25 U.S.C. § 1037 (INDIANS)
§ 1037. Costs
All costs incurred by the Secretary in the preparation of the roll and in the payment of the per capita shares in accordance with the provisions of this subchapter shall be paid by withdrawals from the judgment fund of the appropriate band.
(Pub. L. 88–457, § 7, Aug. 20, 1964, 78 Stat. 556.)
25 U.S.C. § 1041 (INDIANS)
§ 1041. Findings
Congress finds the following:
(1) The Cherokee Shawnees, also known as the Loyal Shawnees, are recognized as the descendants of the Shawnee Tribe which was incorporated into the Cherokee Nation of Indians of Oklahoma pursuant to an agreement entered into by and between the Shawnee Tribe and the Cherokee Nation on June 7, 1869, and approved by the President on June 9, 1869, in accordance with Article XV of the July 19, 1866, Treaty between the United States and the Cherokee Nation (14 Stat. 799).
(2) The Shawnee Tribe from and after its incorporation and its merger with the Cherokee Nation has continued to maintain the Shawnee Tribe’s separate culture, language, religion, and organization, and a separate membership roll.
(3) The Shawnee Tribe and the Cherokee Nation have concluded that it is in the best interests of the Shawnee Tribe and the Cherokee Nation that the Shawnee Tribe be restored to its position as a separate federally recognized Indian tribe and all current and historical responsibilities, jurisdiction, and sovereignty as it relates to the Shawnee Tribe, the Cherokee-Shawnee people, and their properties everywhere, provided that civil and criminal jurisdiction over Shawnee individually owned restricted and trust lands, Shawnee tribal trust lands, dependent Indian communities, and all other forms of Indian country within the jurisdictional territory of the Cherokee Nation and located within the State of Oklahoma shall remain with the Cherokee Nation, unless consent is obtained by the Shawnee Tribe from the Cherokee Nation to assume all or any portion of such jurisdiction.
(4) On August 12, 1996, the Tribal Council of the Cherokee Nation unanimously adopted Resolution 96–09 supporting the termination by the Secretary of the Interior of the 1869 Agreement.
(5) On July 23, 1996, the Shawnee Tribal Business Committee concurred in such resolution.
(6) On March 13, 2000, a second resolution was adopted by the Tribal Council of the Cherokee Nation (Resolution 15–00) supporting the submission of this legislation to Congress for enactment.
(Pub. L. 106–568, title VII, § 702, Dec. 27, 2000, 114 Stat. 2913.)
heading: Short Title of 2000 Amendment
text: Pub. L. 106–568, title VII, § 701, Dec. 27, 2000, 114 Stat. 2913, provided that: “This title [enacting this subchapter] may be cited as the ‘Shawnee Tribe Status Act of 2000’.”
25 U.S.C. § 1041a (INDIANS)
§ 1041a. Definitions
In this subchapter:
(1) Cherokee Nation
The term “Cherokee Nation” means the Cherokee Nation, with its headquarters located in Tahlequah, Oklahoma.
(2) Secretary
The term “Secretary” means the Secretary of the Interior.
(3) Tribe
The term “Tribe” means the Shawnee Tribe, known also as the “Loyal Shawnee” or “Cherokee Shawnee”, which was a party to the 1869 Agreement between the Cherokee Nation and the Shawnee Tribe of Indians.
(4) Trust land
The term “trust land” means land, the title to which is held by the United States in trust for the benefit of an Indian tribe or individual.
(5) Restricted land
The term “restricted land” means any land, the title to which is held in the name of an Indian or Indian tribe subject to restrictions by the United States against alienation.
(Pub. L. 106–568, title VII, § 703, Dec. 27, 2000, 114 Stat. 2913.)
25 U.S.C. § 1041c (INDIANS)
§ 1041c. Establishment of a tribal roll
(a) Approval of base roll
Not later than 180 days after December 27, 2000, the Tribe shall submit to the Secretary for approval its base membership roll, which shall include only individuals who are not members of any other federally recognized Indian tribe or who have relinquished membership in such tribe and are eligible for membership under subsection (b) of this section.
(b) Base roll eligibility
An individual is eligible for enrollment on the base membership roll of the Tribe if that individual—
(1) is on, or eligible to be on, the membership roll of Cherokee Shawnees maintained by the Tribe prior to December 27, 2000, which is separate from the membership roll of the Cherokee Nation; or
(2) is a lineal descendant of any person—
(A) who was issued a restricted fee patent to land pursuant to Article 2 of the Treaty of May 10, 1854, between the United States and the Tribe (10 Stat. 1053); or
(B) whose name was included on the 1871 Register of names of those members of the Tribe who moved to, and located in, the Cherokee Nation in Indian Territory pursuant to the Agreement entered into by and between the Tribe and the Cherokee Nation on June 7, 1869.
(c) Future membership
Future membership in the Tribe shall be as determined under the eligibility requirements set out in subsection (b)(2) of this section or under such future membership ordinance as the Tribe may adopt.
(Pub. L. 106–568, title VII, § 705, Dec. 27, 2000, 114 Stat. 2915.)
25 U.S.C. § 1041d (INDIANS)
§ 1041d. Organization of the Tribe; tribal constitution
(a) Existing constitution and governing body
The existing constitution and bylaws of the Cherokee Shawnee and the officers and members of the Shawnee Tribal Business Committee, as constituted on December 27, 2000, are hereby recognized respectively as the governing documents and governing body of the Tribe.
(b) Constitution
Notwithstanding subsection (a) of this section, the Tribe shall have a right to reorganize its tribal government pursuant to section 503 of this title.
(Pub. L. 106–568, title VII, § 706, Dec. 27, 2000, 114 Stat. 2915.)
25 U.S.C. § 1041e (INDIANS)
§ 1041e. Tribal land
(a) Land acquisition
The Tribe shall be eligible to have land acquired in trust for its benefit pursuant to section 465 of this title and section 501 of this title.
(b) Restriction
No land recognized by the Secretary to be within the Cherokee Nation or any other Indian tribe may be taken into trust for the benefit of the Tribe under this section without the consent of the Cherokee Nation or such other tribe, respectively.
(Pub. L. 106–568, title VII, § 707, Dec. 27, 2000, 114 Stat. 2915; Pub. L. 109–59, title X, § 10213, Aug. 10, 2005, 119 Stat. 1939.)
heading: Amendments
text: 2005—Subsec. (a). Pub. L. 109–59 struck out “(1) In general” before “The Tribe” and heading and text of par. (2). Text read as follows: “Notwithstanding any other provision of law but subject to subsection (b) of this section, if the Tribe transfers any land within the boundaries of the State of Oklahoma to the Secretary, the Secretary shall take such land into trust for the benefit of the Tribe.”
25 U.S.C. § 1041f (INDIANS)
§ 1041f. Jurisdiction
(a) In general
The Tribe shall have jurisdiction over trust land and restricted land of the Tribe and its members to the same extent that the Cherokee Nation has jurisdiction over land recognized by the Secretary to be within the Cherokee Nation and its members, but only if such land—
(1) is not recognized by the Secretary to be within the jurisdiction of another federally recognized tribe; or
(2) has been placed in trust or restricted status with the consent of the federally recognized tribe within whose jurisdiction the Secretary recognizes the land to be, and only to the extent that the Tribe’s jurisdiction has been agreed to by that host tribe.
(b) Rule of construction
Nothing in this subchapter shall be construed to diminish or otherwise limit the jurisdiction of any Indian tribe that is federally recognized on the day before December 27, 2000, over trust land, restricted land, or other forms of Indian country of that Indian tribe on such date.
(Pub. L. 106–568, title VII, § 708, Dec. 27, 2000, 114 Stat. 2916.)
25 U.S.C. § 1041g (INDIANS)
§ 1041g. Individual Indian land
Nothing in this subchapter shall be construed to affect the restrictions against alienation of any individual Indian’s land and those restrictions shall continue in force and effect.
(Pub. L. 106–568, title VII, § 709, Dec. 27, 2000, 114 Stat. 2916.)
25 U.S.C. § 1041h (INDIANS)
§ 1041h. Treaties not affected
No provision of this subchapter shall be construed to constitute an amendment, modification, or interpretation of any treaty to which a tribe referred to in this subchapter is a party nor to any right secured to such a tribe or to any other tribe by any treaty.
(Pub. L. 106–568, title VII, § 710, Dec. 27, 2000, 114 Stat. 2916.)
25 U.S.C. § 1051 (INDIANS)
§ 1051. Membership roll; preparation; eligibility for enrollment; filing of applications; finality of Secretary’s decision
The Secretary of the Interior shall prepare a roll of all persons who meet both of the following requirements for eligibility: (1) They were born on or prior to and living on August 30, 1964; and (2) their name or the name of an ancestor through whom they claim eligibility appears either on the census roll of the Naalem (Nehalem) Band of Tillamook Indians dated January 28, 1898, or on the annuity payment roll of the Tillamook Band of Tillamook Indians prepared in 1914 under the provisions of the Act of August 24, 1912 (37 Stat. L., 519–535). Applications for enrollment must be filed with the area director of the Bureau of Indian Affairs, Portland, Oregon, within six months after August 30, 1964, on forms prescribed for that purpose. The determination of the Secretary regarding the eligibility for enrollment of an applicant shall be final.
(Pub. L. 88–506, § 1, Aug. 30, 1964, 78 Stat. 639.)
heading: References in Text
text: Act of August 24, 1912, referred to in text, is act Aug. 24, 1912, ch. 388, 37 Stat. 519–534. Provisions of the act relating to the annuity payment roll of the Tillamook Band of the Tillamook Indians were not classified to the Code.
25 U.S.C. § 1052 (INDIANS)
§ 1052. Distribution of funds; pro rata basis
The Secretary is authorized and directed to withdraw the funds on deposit in the Treasury of the United States to the credit of the Nehalem and Tillamook Bands of Indians that were appropriated by the Act of May 17, 1963 (77 Stat. 43), in satisfaction of a judgment obtained by the bands in the Indian Claims Commission against the United States in Docket Numbered 240 together with the interest accrued thereon and to pro rate such funds among those persons whose names appear on the roll prepared pursuant to section 1051 of this title. The Secretary shall distribute shares payable to living persons enrolled pursuant to section 1051 of this title and shares payable to the heirs and legatees of deceased persons enrolled pursuant to section 1051 of this title according to such rules and regulations as he may prescribe.
(Pub. L. 88–506, § 2, Aug. 30, 1964, 78 Stat. 639.)
heading: References in Text
text: Act of May 17, 1963, referred to in text, is Pub. L. 88–25, May 17, 1963, 77 Stat. 43. 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.
25 U.S.C. § 1054 (INDIANS)
§ 1054. Costs
Any costs incurred by the Secretary in the preparation of the rolls and in the distribution of payment of pro rata shares in accordance with the provisions of this subchapter shall be paid by appropriate withdrawals from the judgment fund.
(Pub. L. 88–506, § 4, Aug. 30, 1964, 78 Stat. 639.)
25 U.S.C. § 1071 (INDIANS)
§ 1071. Per capita payments to enrolled tribal members; tax exemption
The funds on deposit in the Treasury of the United States to the credit of the Colville Tribe, San Poeils-Nespelem Tribe, Okanogan Tribe, Methow Tribe, and Lake Tribe (certain constituent groups of the Confederated Tribes of the Colville Reservation) that were appropriated to pay a judgment of the Indian Claims Commission dated March 1, 1960, in docket numbered 181, and the funds which may be deposited in the Treasury of the United States to the credit of the said constituent groups or any other constituent groups of the Confederated Tribes of the Colville Reservation to pay any judgments arising out of claims presently pending before the Indian Claims Commission and the interest on said judgments, after payment of attorney fees and expenses, shall be credited to the account of the Confederated Tribes of the Colville Reservation and the Secretary of the Interior is authorized and directed to make a per capita distribution from such funds of $350, to the extent that such funds are available, to each enrolled member of the Confederated Tribes of the Colville Reservation. Any part of such funds distributed per capita to the members of the tribes shall not be subject to Federal or State income tax.
(Pub. L. 88–551, Aug. 31, 1964, 78 Stat. 755.)
heading: References in Text
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.
heading: Codification
text: Section was not enacted as part of Pub. L. 92–244, Mar. 9, 1972, 86 Stat. 56, which comprises this subchapter.
heading: Litigation With Yakima Tribes of Indians of the Yakima Reservation
text: Authority to commence or defend in the United States Court of Claims an action to determine claims against judgment fund, see sections 609 and 609a of this title.
25 U.S.C. § 1072 (INDIANS)
§ 1072. Per capita distribution; limitation of $950 per share
The funds deposited to the credit of the Confederated Tribes of the Colville Reservation to pay a judgment arising out of proceedings before the Indian Claims Commission in docket numbered 178 and the funds appropriated by the Act of July 6, 1970 (84 Stat. 376), to pay a judgment in favor of the Confederated Tribes of the Colville Reservation, and others, in Indian Claims Commission docket numbered 179, and apportioned to the Confederated Tribes under the Act of April 24, 1961 (75 Stat. 45), and interest thereon, after payment of attorney fees and other litigation expenses, shall be distributed on a per capita basis, each share amounting to not more than $950, to the extent such funds are available, to each person born on or prior to and living on March 9, 1972, who meets the requirements for membership in the Confederated Tribes of the Colville Reservation. The remaining balance of such funds, and the interest thereon, shall be combined and distributed with any other tribal funds that may hereafter become available for per capita distribution.
(Pub. L. 92–244, § 1, Mar. 9, 1972, 86 Stat. 56.)
heading: References in Text
text: Act of July 6, 1970, referred to in text, is act July 6, 1970, Pub. L. 91–305 84 Stat. 376, which was not classified to the Code.
Act of April 24, 1961, referred to in text, is act Apr. 24, 1961, Pub. L. 87–24 75 Stat. 45, 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.
25 U.S.C. § 1073 (INDIANS)
§ 1073. Tax exemption; payments to minors and persons under legal disabilities
None of the funds distributed per capita under the provisions of this subchapter shall be subject to Federal or State income tax. Any per capita 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 persons.
(Pub. L. 92–244, § 2, Mar. 9, 1972, 86 Stat. 57.)