dreamproit/uscode huggingface dataset:
25 U.S.C. § 1300d–23 (INDIANS)
§ 1300d–23. Distribution of funds to tribes
(a) In general
(1) Amount distributed
(A) In general
Subject to section 1300d–27(e) of this title and if no action is filed in a timely manner (as determined under section 1300d–27(d) of this title) raising any claim identified in section 1300d–27(a) of this title, not earlier than 365 days after November 13, 1998, and not later than 415 days after November 13, 1998, the Secretary shall transfer to the Fund Account to be credited to accounts established in the Fund Account for the benefit of the applicable governing bodies under paragraph (2) an aggregate amount determined under subparagraph (B).
(B) Aggregate amount
The aggregate amount referred to in subparagraph (A) is an amount equal to the remainder of—
(i) the funds described in section 1300d–22 of this title; minus
(ii) an amount equal to 71.6005 percent of the funds described in section 1300d–22 of this title.
(2) Distribution of funds to accounts in the Fund Account
The Secretary shall ensure that the aggregate amount transferred under paragraph (1) is allocated to the accounts established in the Fund Account as follows:
(A) 28.9276 percent of that amount shall be allocated to the account established for the benefit of the tribal governing body of the Spirit Lake Tribe of North Dakota.
(B) 57.3145 percent of that amount, after payment of any applicable attorneys’ fees and expenses by the Secretary under the contract numbered A00C14202991, approved by the Secretary on August 16, 1988, shall be allocated to the account established for the benefit of the tribal governing body of the Sisseton and Wahpeton Sioux Tribe of South Dakota.
(C) 13.7579 percent of that amount shall be allocated to the account established for the benefit of the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana, as designated under subsection (c) of this section.
(b) Use
Amounts distributed under this section to accounts referred to in subsection (d) of this section for the benefit of a tribal governing body shall be distributed and used in a manner consistent with section 1300d–24 of this title.
(c) Tribal governing body of Assiniboine and Sioux Tribes of Fort Peck Reservation
For purposes of making distributions of funds pursuant to this part, the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes shall act as the governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation.
(d) Tribal Trust Fund Accounts
The Secretary of the Treasury, in cooperation with the Secretary of the Interior, acting through the Office of Trust Fund Management of the Department of the Interior, shall ensure that such accounts as are necessary are established in the Fund Account to provide for the distribution of funds under subsection (a)(2) of this section.
(Pub. L. 105–387, § 4, Nov. 13, 1998, 112 Stat. 3471.)
25 U.S.C. § 1300d–25 (INDIANS)
§ 1300d–25. Effect of payments to covered Indian tribes on benefits
A payment made to a covered Indian tribe or an individual under this part shall not—
(1) for purposes of determining the eligibility for a Federal service or program of a covered Indian tribe, household, or individual, be treated as income or resources; or
(2) otherwise result in the reduction or denial of any service or program to which, pursuant to Federal law (including the Social Security Act (42 U.S.C. 301 et seq.)), the covered Indian tribe, household, or individual would otherwise be entitled.
(Pub. L. 105–387, § 6, Nov. 13, 1998, 112 Stat. 3473.)
heading: References in Text
text: The Social Security Act, referred to in par. (2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified principally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
25 U.S.C. § 1300d–26 (INDIANS)
§ 1300d–26. Distribution of funds to lineal descendants
(a) In general
Subject to section 1300d–27(e) of this title, the Secretary shall, in the manner prescribed in section 1300d–4(c) of this title, distribute to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians an amount equal to 71.6005 percent of the funds described in section 1300d–22 of this title, subject to any reduction determined under subsection (b) of this section.
(b) Adjustments
(1) In general
Subject to section 1300d–27(e) of this title, if the number of individuals on the final roll of lineal descendants certified by the Secretary under section 1300d–3(b) of this title is less than 2,588, the Secretary shall distribute a reduced aggregate amount to the lineal descendants referred to in subsection (a) of this section, determined by decreasing—
(A) the percentage specified in section 1300d–23(a)(B)(ii) 1 of this title by a percentage amount equal to—
(i) .0277; multiplied by
(ii) the difference between 2,588 and the number of lineal descendants on the final roll of lineal descendants, but not to exceed 600; and
(B) the percentage specified in subsection (a) of this section by the percentage amount determined under subparagraph (A).
(2) Distribution
If a reduction in the amount that otherwise would be distributed under subsection (a) of this section is made under paragraph (1), an amount equal to that reduction shall be added to the amount available for distribution under section 1300d–23(a)(1) of this title, for distribution in accordance with section 1300d–23(a)(2) of this title.
(c) Verification of ancestry
In seeking to verify the Sisseton and Wahpeton Mississippi Sioux Tribe ancestry of any person applying for enrollment on the roll of lineal descendants after January 1, 1998, the Secretary shall certify that each individual enrolled as a lineal descendant can trace ancestry to a specific Sisseton or Wahpeton Mississippi Sioux Tribe lineal ancestor who was listed on—
(1) the 1909 Sisseton and Wahpeton annuity roll;
(2) the list of Sisseton and Wahpeton Sioux prisoners convicted for participating in the outbreak referred to as the “1862 Minnesota Outbreak”;
(3) the list of Sioux scouts, soldiers, and heirs identified as Sisseton and Wahpeton Sioux on the roll prepared pursuant to the Act of March 3, 1891 (26 Stat. 989 et seq., chapter 543); or
(4) any other Sisseton or Wahpeton payment or census roll that preceded a roll referred to in paragraph (1), (2), or (3).
(Pub. L. 105–387, § 7, Nov. 13, 1998, 112 Stat. 3474.)
heading: References in Text
text: Act of March 3, 1891, referred to in subsec. (c)(3), is act Mar. 3, 1891, ch. 543, 26 Stat. 989. Provisions of the act relating to preparation of the roll are not classified to the Code.
heading: Codification
text: Section is comprised of section 7 of Pub. L. 105–387. Subsec. (d) of section 7 of Pub. L. 105–387 amended sections 1300d–3 and 1300d–4 of this title.
25 U.S.C. § 1300e (INDIANS)
§ 1300e. Disposition of funds; percentage basis for division; attorney fees and expenses
The funds appropriated by the Act of January 8, 1971 (84 Stat. 1981), to pay a judgment to the Assiniboine Tribes of the Fort Peck and Fort Belknap Reservations, Montana, in Indian Claims Commission docket numbered 279–A, together with interest thereon, after payment of attorney fees and litigation expenses, shall be divided by the Secretary of the Interior on the basis of 50 per centum to the Assiniboine Tribe of the Fort Peck Reservation and 50 per centum to the Assiniboine Tribe of the Fort Belknap Reservation.
(Pub. L. 92–557, § 1, Oct. 25, 1972, 86 Stat. 1171.)
heading: References in Text
text: Act of January 8, 1971, referred to in text, is act Jan. 8, 1971, Pub. L. 91–665, 84 Stat. 1981, known as the Supplemental Appropriations Act, 1971. 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. § 1300e–1 (INDIANS)
§ 1300e–1. Per capita shares to members of Assiniboine Tribe of Fort Peck Reservation; deductions; eligibility for payments
The share of the Assiniboine Tribe of the Fort Peck Reservation, after deducting $50,000 to be used as provided in section 1300e–2 of this title, and after deducting the estimated costs of distribution and all other appropriate expenses, shall be distributed per capita to each person born on or before, and living on, October 25, 1972, who is a citizen of the United States, is duly enrolled on the approved roll of the Assiniboine and Sioux Tribes of the Fort Peck Reservation, and is of Assiniboine lineal descent: Provided, That persons in the following categories shall not be eligible to receive a per capita payment: (a) persons who possess a greater degree of Fort Peck Sioux blood than Fort Peck Assiniboine blood, (b) persons who possess equal degrees of Fort Peck Assiniboine and Fort Peck Sioux blood and who elect to be enrolled as Sioux, and (c) persons who participated, or were eligible to participate, in the distribution of funds under the provisions of the Act of June 19, 1970 (84 Stat. 313) [25 U.S.C. 1201 et seq.], for the disposition of the judgment of the Sioux Tribe of the Fort Peck Reservation in docket numbered 279–A.
(Pub. L. 92–557, § 2, Oct. 25, 1972, 86 Stat. 1171.)
heading: References in Text
text: Act June 19, 1970, referred to in text, is act June 19, 1970, Pub. L. 91–283, 84 Stat. 313, which is classified generally to subchapter LXII (§ 1201 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables.
25 U.S.C. § 1300e–2 (INDIANS)
§ 1300e–2. Expenditure of withheld funds for certain salaries and expenses; additional per capita distributions
Upon agreement by the Fort Peck Assiniboine Tribe and the Fort Peck Sioux Tribe on the amount each agrees to contribute from the award to each tribe in Indian Claims Commission docket numbered 279–A, the agreed contribution of the Fort Peck Assiniboine Tribe shall be withdrawn from the $50,000, and interest thereon, withheld from per capita distribution pursuant to section 1300e–1 of this title, and shall be credited to the joint account for expenditure pursuant to the Act of June 29, 1954 (68 Stat. 329): Provided, That upon request of the Fort Peck Assiniboine Tribe the Secretary of the Interior in his discretion may distribute all or part of the aforesaid $50,000 and interest thereon per capita to each person eligible under section 1300e–1 of this title.
(Pub. L. 92–557, § 3, Oct. 25, 1972, 86 Stat. 1171.)
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.
Act of June 29, 1954, referred to in text, is act June 29, 1954, ch. 421, 68 Stat. 329, which was not classified to the Code.
25 U.S.C. § 1300e–3 (INDIANS)
§ 1300e–3. Per capita shares to members of Assiniboine Tribe of Fort Belknap Reservation; deductions; eligibility for payments
The share of the Assiniboine Tribe of the Fort Belknap Reservation, after deducting $100,000 to be used as provided in section 1300e–4 of this title, and after deducting the estimated costs of distribution and all other appropriate expenses, shall be distributed per capita to each person born on or before, and living on, October 25, 1972, who is a citizen of the United States, is duly enrolled on the approved roll of the organized Fort Belknap Community, and is of Assiniboine lineal descent: Provided, That persons in the following categories shall not be eligible to receive a per capita payment: (a) persons who possess a greater degree of Gros Ventre blood than Assiniboine blood, (b) persons who possess equal degrees of Fort Belknap Assiniboine and Fort Peck Gros Ventre blood and who elect to be enrolled as Gros Ventre, and (c) persons who participated, or were eligible to participate, in the distribution of funds under the Act of March 18, 1972 (Public Law 92–254) [25 U.S.C. 1261 et seq.], for the disposition of the judgment of the Blackfeet Tribe and the Gros Ventre Tribe in Indian Claims Commission docket numbered 279–A.
(Pub. L. 92–557, § 4, Oct. 25, 1972, 86 Stat. 1171.)
heading: References in Text
text: Act of March 18, 1972, referred to in text, is act Mar. 18, 1972, Pub. L. 92–254, 86 Stat. 64, which is classified generally to subchapter LXVIII (§ 1261 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables.
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. § 1300e–4 (INDIANS)
§ 1300e–4. Expenditure of withheld funds for authorized purposes; community projects; additional per capita distributions
The $100,000 withheld from distribution under section 1300e–3 of this title, and interest thereon, may be used for any purpose authorized by the Assiniboine Treaty Committee of the Fort Belknap Assiniboine Tribe and approved by the Secretary of the Interior, including contributions to Reservation community projects and further per capita distribution.
(Pub. L. 92–557, § 5, Oct. 25, 1972, 86 Stat. 1172.)
25 U.S.C. § 1300e–5 (INDIANS)
§ 1300e–5. Per capita shares; reversion to tribe
The per capita shares shall be determined on the basis of the number of persons eligible for per capitas and the number of persons rejected for per capitas who have taken a timely appeal. The shares of those persons whose appeals are denied shall revert to the tribe from whose share the per capita would have been paid, to be expended for any purpose designated by such tribe and approved by the Secretary.
(Pub. L. 92–557, § 6, Oct. 25, 1972, 86 Stat. 1172.)
25 U.S.C. § 1300e–6 (INDIANS)
§ 1300e–6. Income tax exemption; protection of minors and persons under legal disability
None of the funds distributed per capita under the provisions of this subchapter shall be subject to Federal or State income taxes. Sums payable to persons under eighteen years of age or under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines will protect the best interests of such persons.
(Pub. L. 92–557, § 7, Oct. 25, 1972, 86 Stat. 1172.)
25 U.S.C. § 1300f–1 (INDIANS)
§ 1300f–1. Tribal constitution and bylaws; review by Secretary; publication of documents and membership roll in Federal Register
Within thirty months after September 18, 1978, the Pascua Yaqui Tribe shall adopt a constitution and bylaws or other governing documents and a membership roll. The Secretary of the Interior shall review such documents to insure that they comply with the provisions of this subchapter and shall publish such documents and membership roll in the Federal Register. Publication of such roll shall not affect or delay the immediate eligibility of the members of the Association under section 1300f of this title.
(Pub. L. 95–375, § 2, Sept. 18, 1978, 92 Stat. 712.)
25 U.S.C. § 1300f–2 (INDIANS)
§ 1300f–2. Membership of Tribe
For the purposes of section 1300f of this title, membership of the Pascua Yaqui Tribe shall consist of any United States citizen of Pascua Yaqui blood enrolled by the tribe.
(Pub. L. 95–375, § 3, Sept. 18, 1978, 92 Stat. 712; Pub. L. 103–357, § 1(b), Oct. 14, 1994, 108 Stat. 3418; Pub. L. 112–214, § 1, Dec. 20, 2012, 126 Stat. 1588.)
heading: Amendments
text: 2012—Pub. L. 112–214 amended section generally. Prior to amendment, section set out categories of membership in the Pascua Yaqui Tribe in pars. (A) to (D).
1994—Pub. L. 103–357 added par. (C) and redesignated former par. (C) as (D).
25 U.S.C. § 1300f–3 (INDIANS)
§ 1300f–3. Study
(a) In general
The Secretary of the Interior shall conduct one or more studies to determine—
(1) whether the lands held in trust on October 14, 1994, by the United States for the Pascua Yaqui Tribe are adequate for the needs of the tribe for the foreseeable future;
(2) if such lands are not adequate—
(A) whether suitable additional lands are available for acquisition by exchange or purchase; and
(B) the cost and location of the suitable additional lands;
(3) whether the Pascua Yaqui Tribe has sufficient water rights and allocations to meet the needs of the tribe for the foreseeable future;
(4) if such water rights and allocations are not adequate—
(A) whether additional water can be acquired; and
(B) the potential sources and associated costs of such additional water;
(5) whether the Bureau of Indian Affairs and the Indian Health Service have limited funding to the Pascua Yaqui Tribe based on a determination of the tribal enrollment in 1978, rather than the current enrollment;
(6) if funding has been based on 1978 enrollment, how the funding levels can be adjusted to ensure that the Pascua Yaqui Tribe receives a fair and equitable portion of Bureau of Indian Affairs and Indian Health Service funding;
(7) the genealogy of the Pascua Yaqui Tribe; and
(8) the economic development opportunities available to the tribe as a result of the North American Free Trade Agreement.
(b) Tribal participation
The Secretary shall provide for the participation of members of the Pascua Yaqui Tribe to carry out subsection (a) of this section.
(c) Report
Not later than 2 years after the date on which funds are made available to carry out this section, the Secretary of the Interior shall submit a report to Congress that contains the results of each study conducted pursuant to subsection (a) of this section.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(Pub. L. 95–375, § 4, as added Pub. L. 103–357, § 2, Oct. 14, 1994, 108 Stat. 3418; amended Pub. L. 104–109, § 4, Feb. 12, 1996, 110 Stat. 764.)
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–109 substituted “Tribe” for “tribe”.
25 U.S.C. § 1300g (INDIANS)
§ 1300g. Definitions
For purposes of this subchapter—
(1) the term “tribe” means the Ysleta del Sur Pueblo (as so designated by section 1300g–1 of this title);
(2) the term “Secretary” means the Secretary of the Interior or his designated representative;
(3) the term “reservation” means lands within El Paso and Hudspeth Counties, Texas—
(A) held by the tribe on August 18, 1987;
(B) held in trust by the State or by the Texas Indian Commission for the benefit of the tribe on August 18, 1987;
(C) held in trust for the benefit of the tribe by the Secretary under section 1300g–4(g)(2) of this title; and
(D) subsequently acquired and held in trust by the Secretary for the benefit of the tribe.1
(4) the term “State” means the State of Texas;
(5) the term “Tribal Council” means the governing body of the tribe as recognized by the Texas Indian Commission on August 18, 1987, and such tribal council’s successors; and
(6) the term “Tiwa Indians Act” means the Act entitled “An Act relating to the Tiwa Indians of Texas.” and approved April 12, 1968 (82 Stat. 93).
(Pub. L. 100–89, title I, § 101, Aug. 18, 1987, 101 Stat. 666.)
heading: References in Text
text: The Tiwa Indians Act, referred to in par. (6), is Pub. L. 90–287, Apr. 12, 1968, 82 Stat. 93, which was not classified to the Code and was repealed by section 1300g–5 of this title.
heading: Short Title
text: For short title of Pub. L. 100–89, which enacted this subchapter, subchapter XXXI–A of this chapter, and provisions set out as notes under section 731 of this title, as the “Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act”, see section 1 of Pub. L. 100–89, set out as a note under section 731 of this title.
heading: Regulations
text: For provision authorizing the Secretary of the Interior or his designated representative to promulgate regulations as necessary to carry out provisions of this subchapter, see section 2 of Pub. L. 100–89, set out as a note under section 731 of this title.
25 U.S.C. § 1300g–1 (INDIANS)
§ 1300g–1. Redesignation of tribe
The Indians designated as the Tiwa Indians of Ysleta, Texas, by the Tiwa Indians Act shall, on and after August 18, 1987, be known and designated as the Ysleta del Sur Pueblo. Any reference in any law, map, regulation, document, record, or other paper of the United States to the Tiwa Indians of Ysleta, Texas, shall be deemed to be a reference to the Ysleta del Sur Pueblo.
(Pub. L. 100–89, title I, § 102, Aug. 18, 1987, 101 Stat. 666.)
heading: References in Text
text: The Tiwa Indians Act, referred to in text, is Pub. L. 90–287, Apr. 12, 1968, 82 Stat. 93, which was not classified to the Code and was repealed by section 1300g–5 of this title.
25 U.S.C. § 1300g–2 (INDIANS)
§ 1300g–2. Restoration of Federal trust relationship; Federal services and assistance
(a) Federal trust relationship
The Federal trust relationship between the United States and the tribe is hereby restored. The Act of June 18, 1934 (48 Stat. 984), as amended [25 U.S.C. 461 et seq.], and all laws and rules of law of the United States of general application to Indians, to nations, tribes, or bands of Indians, or to Indian reservations which are not inconsistent with any specific provision contained in this subchapter shall apply to the members of the tribe, the tribe, and the reservation.
(b) Restoration of rights and privileges
All rights and privileges of the tribe and members of the tribe under any Federal treaty, statute, Executive order, agreement, or under any other authority of the United States which may have been diminished or lost under the Tiwa Indians Act are hereby restored.
(c) Federal services and benefits
Notwithstanding any other provision of law, the tribe and the members of the tribe shall be eligible, on and after August 18, 1987, for all benefits and services furnished to federally recognized Indian tribes.
(d) Effect on property rights and other obligations
Except as otherwise specifically provided in this subchapter, the enactment of this subchapter shall not affect any property right or obligation or any contractual right or obligation in existence before August 18, 1987, or any obligation for taxes levied before August 18, 1987.
(Pub. L. 100–89, title I, § 103, Aug. 18, 1987, 101 Stat. 667.)
heading: References in Text
text: Act of June 18, 1934, referred to in subsec. (a), 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.
The Tiwa Indians Act, referred to in subsec. (b), is Pub. L. 90–287, Apr. 12, 1968, 82 Stat. 93, which was not classified to the Code and was repealed by section 1300g–5 of this title.
25 U.S.C. § 1300g–3 (INDIANS)
§ 1300g–3. State and tribal authority
(a) State authority
Nothing in this Act shall affect the power of the State of Texas to enact special legislation benefiting the tribe, and the State is authorized to perform any services benefiting the tribe that are not inconsistent with the provisions of this Act.
(b) Tribal authority
The Tribal Council shall represent the tribe and its members in the implementation of this subchapter and shall have full authority and capacity—
(1) to enter into contracts, grant agreements, and other arrangements with any Federal department or agency, and
(2) to administer or operate any program or activity under or in connection with any such contract, agreement, or arrangement, to enter into subcontracts or award grants to provide for the administration of any such program or activity, or to conduct any other activity under or in connection with any such contract, agreement, or arrangement.
(Pub. L. 100–89, title I, § 104, Aug. 18, 1987, 101 Stat. 667.)
heading: References in Text
text: This Act, referred to in subsec. (a), is Pub. L. 100–89, Aug. 18, 1987, 101 Stat. 666, known as the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act, which enacted this subchapter and subchapter XXXI–A (§ 731 et seq.) of this chapter and enacted provisions set out as notes under section 731 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 731 of this title and Tables.