dreamproit/uscode huggingface dataset:
25 U.S.C. § 1300b–3 (INDIANS)
§ 1300b–3. Per capita payments; trusts and other procedures for protection of minors and persons under legal disability
Any sums payable per capita to persons who are less than twenty-one years of age or who are under a legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interests of such persons.
(Pub. L. 92–467, § 4, Oct. 6, 1972, 86 Stat. 781.)
25 U.S.C. § 1300b–11 (INDIANS)
§ 1300b–11. Congressional findings and declaration of policy
(a) Findings
Congress finds that the Texas Band of Kickapoo Indians is a subgroup of the Kickapoo Tribe of Oklahoma; that many years ago, the Band was forced to migrate from its ancestral lands to what is now the State of Texas and the nation of Mexico; that, although many members of the band 1 meet the requirements for United States citizenship, some of them cannot prove that they are United States citizens; that, although the Band resides in the State of Texas, it owns no land there; that, because the Band owns no land in Texas, members of the Band are considered ineligible for services which the United States provides to other Indians who are members of federally recognized tribes because of their status as Indians except when the members of the Band are on or near the reservation of the Kickapoo Tribe of Oklahoma; that members of the Band live under conditions that pose serious threats to their health; and that, because their culture is derived from three different cultures, they have unique needs including, especially, educational needs.
(b) Declarations
Congress therefore declares that the Band should be recognized by the United States; that the right of the members of the Band to pass and repass the borders of the United States should be clarified; that services which the United States provides to Indians because of their status as Indians should be provided to members of the Band in Maverick County, Texas; and, that land in the State of Texas should be taken in trust by the United States for the benefit of the Band.
(Pub. L. 97–429, § 2, Jan. 8, 1983, 96 Stat. 2269.)
heading: Short Title
text: Pub. L. 97–429, § 1, Jan. 8, 1983, 96 Stat. 2269, provided: “That this Act [enacting this subchapter] may be cited as the ‘Texas Band of Kickapoo Act’.”
25 U.S.C. § 1300b–12 (INDIANS)
§ 1300b–12. Definitions
For purposes of this subchapter—
(a) “Band” means the Texas Band of Kickapoo Indians, a subgroup of the Kickapoo Tribe of Oklahoma;
(b) “Tribe” means the Kickapoo Tribe of Oklahoma; and
(c) “Secretary” means the Secretary of the Interior.
(Pub. L. 97–429, § 3, Jan. 8, 1983, 96 Stat. 2269.)
25 U.S.C. § 1300b–13 (INDIANS)
§ 1300b–13. Band roll
(a) Establishment; publication in Federal Register
Within one year of January 8, 1983, the Secretary shall, after consultation with the Tribe, compile a roll of those members of the Tribe who possess Kickapoo blood and who are also members of the Band. When said roll is complete, the Secretary shall immediately publish notice in the Federal Register stating that the roll has been completed. The Secretary shall ensure that the roll, once completed, is maintained and that it is current.
(b) Report to Congress
If the Secretary does not compile the roll within the period prescribed in subsection (a) of this section, he shall submit a report to Congress setting forth the reasons he did not do so.
(c) Citizenship for applicants
For a period of five years after the publication of the Federal Register notice required under subsection (a) of this section, any member of the Band whose name appears on the roll compiled by the Secretary, may, at his option, apply for United States citizenship. Such application shall be made to the Immigration and Naturalization Service and, upon receipt of the application, citizenship shall promptly be granted to the applicant.
(d) Border crossing, living and working rights
Notwithstanding the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], all members of the Band shall be entitled to freely pass and repass the borders of the United States and to live and work in the United States.
(Pub. L. 97–429, § 4, Jan. 8, 1983, 96 Stat. 2269.)
heading: References in Text
text: The Immigration and Nationality Act, referred to in subsec. (d), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
25 U.S.C. § 1300b–14 (INDIANS)
§ 1300b–14. Land acquisition
(a) Statutory provisions applicable
The Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], is hereby made applicable to the Band: Provided, however, That the Secretary is only authorized to exercise his authority under section 5 of that Act [25 U.S.C. 465] with respect to lands located in Maverick County, Texas.
(b) Authority of Secretary
The Secretary is authorized and directed to accept no more than one hundred acres of land in Maverick County, Texas which shall be offered for the benefit of the Band with the approval of the Tribe. Nothing in this subsection shall be construed as limiting the authority of the Secretary under section 5 of the Act of June 18, 1934 (48 Stat. 985) [25 U.S.C. 465].
(Pub. L. 97–429, § 5, Jan. 8, 1983, 96 Stat. 2270.)
heading: References in Text
text: Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§ 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.
25 U.S.C. § 1300b–15 (INDIANS)
§ 1300b–15. Jurisdiction
The State of Texas shall exercise jurisdiction over civil causes of action and criminal offenses arising on the Band’s trust lands in accordance with section 1360 of title 28 and section 1162 of title 18 as if it had assumed jurisdiction pursuant to sections 1321 and 1322 of this title. The provisions of section 1323 of this title, shall be applicable and available to the State of Texas.
(Pub. L. 97–429, § 6, Jan. 8, 1983, 96 Stat. 2270.)
25 U.S.C. § 1300b–16 (INDIANS)
§ 1300b–16. Provision of Federal Indian services
(a) Eligibility for Federal Indian services
Notwithstanding any other provision of law authorizing the provision of special programs and services by the United States to Indians because of their status as Indians, the Band and its members in Maverick County, Texas shall be eligible for such programs and services without regard to the existence of a reservation, the residence of members of the Band on or near a reservation, or the compilation of the roll pursuant to section 1300b–13(a) of this title.
(b) Cooperation with Mexican Government and joint funding agreements for meeting special agricultural needs of the Band
In providing services pursuant to subsection (a) of this section, the Secretary and the head of each department and agency shall consult and cooperate with appropriate officials or agencies of the Mexican Government to the greatest extent possible to ensure that such services meet the special tricultural needs of the Band and its members. Such consultation and cooperation may include, whenever practicable, joint funding agreements between such agency or department of the United States and the appropriate agencies and officials of the Mexican Government.
(Pub. L. 97–429, § 7, Jan. 8, 1983, 96 Stat. 2270.)
25 U.S.C. § 1300c (INDIANS)
§ 1300c. Distribution of funds; attorney fees and expenses
The funds appropriated by the Act of July 22, 1969 (83 Stat. 49), to pay a judgment to the Yankton Sioux Tribe in Indian Claims Commission docket numbered 332–A, together with the interest thereon, after payment of attorney fees and litigation expenses, and such other expenses as may be necessary in effecting the provisions of this subchapter, shall be distributed as provided herein.
(Pub. L. 92–468, § 1, Oct. 6, 1972, 86 Stat. 782.)
heading: References in Text
text: Act of July 22, 1969, referred to in text, is act July 22, 1969, Pub. L. 91–47, 83 Stat. 49, known as the Second Supplemental Appropriation Act, 1969. 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.
Herein, referred to in text, means in Pub. L. 92–468, Oct. 6, 1972, 86 Stat. 782, which comprises this subchapter. For complete classification of this Act to the Code, see Tables.
25 U.S.C. § 1300c–1 (INDIANS)
§ 1300c–1. Funds for expert witnesses and programing needs
The Secretary of the Interior shall withhold from distribution a sum not to exceed $150,000, pending a decision by the Yankton Sioux Tribal Business and Claims Committee regarding the needs of the tribe for expert witnesses in the Yankton Sioux claims in Indian Claims Commission dockets numbered 332–B, 332–C, and 74. The sum withheld may be used for such purpose or for other programing needs, subject to the approval of the Secretary.
(Pub. L. 92–468, § 2, Oct. 6, 1972, 86 Stat. 782.)
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.
25 U.S.C. § 1300c–2 (INDIANS)
§ 1300c–2. Membership roll; preparation; tribal constitutional requirements
The Secretary of the Interior, in cooperation with the Tribal Council, shall prepare a roll of all persons born on or prior to and living on October 6, 1972, who meet the requirements for membership of the Yankton Sioux tribal constitution approved on October 5, 1932, as amended.
(Pub. L. 92–468, § 3, Oct. 6, 1972, 86 Stat. 782.)
25 U.S.C. § 1300c–3 (INDIANS)
§ 1300c–3. Per capita distributions to tribal members; advances, expenditures, investments, or reinvestments for authorized purposes; trusts and other procedures for protection of minors and persons under legal disability
The judgment fund, less funds otherwise provided in section 1300c–1 of this title, shall be used as follows: 75 per centum thereof shall be distributed in equal per capita shares to each person who is enrolled or entitled to be enrolled on October 6, 1972; the remainder may be advanced, expended, invested, or reinvested for any purposes that are authorized by the tribal governing body and approved by the Secretary of the Interior. Sums payable to adult living enrollees or to adult heirs or legatees of deceased enrollees shall be paid directly to such persons. Sums payable to enrollees or their heirs or legatees who are less than eighteen years of age or who are under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interests of such persons.
(Pub. L. 92–468, § 4, Oct. 6, 1972, 86 Stat. 782.)
25 U.S.C. § 1300d (INDIANS)
§ 1300d. Distribution of funds; attorney fees and expenses
The funds appropriated by the Act of June 19, 1968 (82 Stat. 239), to pay compromise judgments to the Mdewakanton and Wahpakoota Tribe of Sioux Indians, and the Sisseton and Wahpeton Tribes of Sioux Indians, in Indian Claims Commission dockets numbered 142, 359, 360, 361, 362, and 363, together with interest thereon, after payment of attorney fees and litigation expenses and the costs of carrying out the provisions of this part, shall be distributed as provided in this part.
(Pub. L. 92–555, § 1, Oct. 25, 1972, 86 Stat. 1168.)
heading: References in Text
text: Act of June 19, 1968, referred to in text, is act June 19, 1968, Pub. L. 90–352, 82 Stat. 239. 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.
heading: Short Title
text: Pub. L. 105–387, § 1, Nov. 13, 1998, 112 Stat. 3471, provided that: “This Act [enacting part B of this subchapter and amending sections 1300d–3 and 1300d–4 of this title] may be cited as the ‘Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998’.”
25 U.S.C. § 1300d–1 (INDIANS)
§ 1300d–1. Lower Council Sioux
(a) Membership rolls; applications
The Flandreau Santee Sioux Tribe of South Dakota and the Santee Sioux Tribe of Nebraska shall bring current their membership rolls as of October 25, 1972. The Lower Sioux Indian Community at Morton, Minnesota, the Prairie Island Indian Community at Welch, Minnesota, and the Shakopee Mdewakanton Sioux Community of Minnesota shall prepare rolls of their members who are lineal descendants of the Mdewakanton and Wahpakoota Tribes, and who were born on or prior to and are living on October 25, 1972, 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 shall be final.
(b) Roll of lineal descendants; applications
The Secretary of the Interior shall prepare a roll of the lineal descendants of the Mdewakanton and Wahpakoota Tribe who were born on or prior to and are living on October 25, 1972, whose names or the names 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 I, § 101, Oct. 25, 1972, 86 Stat. 1168.)
25 U.S.C. § 1300d–2 (INDIANS)
§ 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.)
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: Reference in proviso to “section 1300d–1 of this title” was substituted for “section 2 of this Act” as the probable intent of Congress.
25 U.S.C. § 1300d–3 (INDIANS)
§ 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
Subject to the Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998 [25 U.S.C. 1300d–21 et seq.], 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; Pub. L. 105–387, § 7(d)(2), Nov. 13, 1998, 112 Stat. 3475.)
heading: References in Text
text: The Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998, referred to in subsec. (b), is Pub. L. 105–387, Nov. 13, 1998, 112 Stat. 3471, which is classified principally to part B (§ 1300d–21 et seq.) of this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 1300d of this title and Tables.
heading: Amendments
text: 1998—Subsec. (b). Pub. L. 105–387 substituted “Subject to the Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998, the Secretary” for “The Secretary”.
25 U.S.C. § 1300d–6 (INDIANS)
§ 1300d–6. Election of group for enrollment
Any person qualifying for enrollment with more than one group shall elect the group with which he shall be enrolled for the purpose of this part.
(Pub. L. 92–555, title III, § 302, Oct. 25, 1972, 86 Stat. 1170.)
25 U.S.C. § 1300d–7 (INDIANS)
§ 1300d–7. Protection of minors and persons under legal disability
The sums payable to enrollees or their heirs or legatees who are minors or who are under a legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interest of such persons after considering the recommendations of the governing bodies of the groups involved.
(Pub. L. 92–555, title III, § 303, Oct. 25, 1972, 86 Stat. 1170.)
25 U.S.C. § 1300d–9 (INDIANS)
§ 1300d–9. Rules and regulations
The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this part, including the establishment of deadlines.
(Pub. L. 92–555, title III, § 305, Oct. 25, 1972, 86 Stat. 1170.)
25 U.S.C. § 1300d–10 (INDIANS)
§ 1300d–10. Authority to settle action
Notwithstanding any provision of this part or any other provision of law, the Attorney General is authorized to negotiate and settle any action that may be or has been brought to contest the constitutionality or validity under law of the distribution to all other Sisseton and Wahpeton Sioux provided for in section 1300d–4 of this title.
(Pub. L. 92–555, title III, § 306, as added Pub. L. 102–497, § 17, Oct. 24, 1992, 106 Stat. 3261.)
25 U.S.C. § 1300d–21 (INDIANS)
§ 1300d–21. Definitions
In this part:
(1) Covered Indian tribe
The term “covered Indian tribe” means an Indian tribe listed in section 1300d–23(a) of this title.
(2) Fund Account
The term “Fund Account” means the consolidated account for tribal trust funds in the Treasury of the United States that is managed by the Secretary—
(A) through the Office of Trust Fund Management of the Department of the Interior; and
(B) in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(3) Secretary
The term “Secretary” means the Secretary of the Interior.
(4) Tribal governing body
The term “tribal governing body” means the duly elected governing body of a covered Indian tribe.
(Pub. L. 105–387, § 2, Nov. 13, 1998, 112 Stat. 3471.)
heading: References in Text
text: This part, referred to in text, was in the original “this Act”, meaning Pub. L. 105–387, Nov. 13, 1998, 112 Stat. 3471, which is classified principally to this part. For complete classification of this Act to the Code, see Short Title note set out under section 1300d of this title and Tables.
The American Indian Trust Fund Management Reform Act of 1994, referred to in par. (2)(B), is Pub. L. 103–412, Oct. 25, 1994, 108 Stat. 4239, as amended, which is classified principally to chapter 42 (§ 4001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.
25 U.S.C. § 1300d–22 (INDIANS)
§ 1300d–22. Distribution to, and use of certain funds by, the Sisseton and Wahpeton Tribes of Sioux Indians
Notwithstanding any other provision of law, including part A of this subchapter, any funds made available by appropriations under chapter II of Public Law 90–352 (82 Stat. 239) to the Sisseton and Wahpeton Tribes of Sioux Indians to pay a judgment in favor of those Indian tribes in Indian Claims Commission dockets numbered 142 and 359, including interest, that, as of November 13, 1998, have not been distributed, shall be distributed and used in accordance with this part.
(Pub. L. 105–387, § 3, Nov. 13, 1998, 112 Stat. 3471.)
heading: References in Text
text: Chapter II of Public Law 90–352, referred to in text, is chapter II of Pub. L. 90–352, June 19, 1968, 82 Stat. 239, which provided appropriations for payment of certain claims settled and determined by departments and agencies in accordance with law and judgments rendered against the United States, and was not classified to the Code.