dreamproit/uscode huggingface dataset:
25 U.S.C. § 883 (INDIANS)
§ 883. Osage Tribe; disposition of judgment fund
(a) Persons eligible for allotments; excepted sums
The Secretary of the Interior is authorized and directed to distribute per capita to all persons whose names appear on the roll of the Osage Tribe of Indians approved by the Secretary of the Interior April 11, 1908, pursuant to the Act of June 28, 1906 (34 Stat. 539), all funds which were appropriated by the Act of January 8, 1971 (84 Stat. 1981), in satisfaction of a judgment that was obtained by the Osage Nation of Indians in the Indian Claims Commission against the United States in dockets numbered 105, 106, 107, and 108, together with interest thereon, except the sum of $1,000,000 and any funds that revert to the Osage Tribe and except the amount allowed for attorney fees and expenses and the cost of distribution.
(b) Education program; advances, expenditures, etc., for financing such program
The sum of $1,000,000 plus any funds that revert to the Osage Tribe may be advanced, expended, invested, or reinvested for the purpose of financing an education program of benefit to the Osage Tribe of Indians of Oklahoma, such program to be administered as authorized by the Secretary of the Interior.
(c) Withdrawal of funds for payment of costs of carrying out provisions
The Secretary of the Interior may make appropriate withdrawals from the judgment funds and interest thereon, using interest funds first, to pay costs incident to carrying out the provisions of sections 883 to 883d of this title.
(Pub. L. 92–586, § 1, Oct. 27, 1972, 86 Stat. 1295; Pub. L. 98–605, § 5, Oct. 30, 1984, 98 Stat. 3168.)
heading: References in Text
text: Act of June 28, 1906, referred to in subsec. (a), is act June 28, 1906, ch. 3572, 34 Stat. 539, which was not classified to the Code.
Act of January 8, 1971, referred to in subsec. (a), is Pub. L. 91–665, Jan. 8, 1971, 84 Stat. 1981, which was not classified to the Code.
The Indian Claims Commission, referred to in subsec. (a), terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title.
heading: Amendments
text: 1984—Subsec. (b). Pub. L. 98–605 struck out “or other socioeconomic programs” after “an education program” and substituted “such program” for “such programs”.
25 U.S.C. § 883a (INDIANS)
§ 883a. Payment of allotments
(a) Living original allottees
Except as provided in subsections (b) and (c) of this section, a share or proportional share payable to a living original Osage allottee shall be paid to such allottee.
(b) Distribution to heirs; heirship determinations; intestate succession; finality of determinations and distributions; reversion of minimal amounts
A share of a deceased Osage allottee having died prior to or after October 27, 1972, shall be distributed to his heirs of Osage Indian blood pursuant to an order determining heirs by the Secretary of the Interior or a court of competent jurisdiction of the State of Oklahoma, and such distributions by the Secretary of the Interior shall be final and conclusive. In the event the heirs of Osage Indian blood of an Osage Indian having died prior to or after October 27, 1972, have not been determined by the Secretary of the Interior or a court of competent jurisdiction of the State of Oklahoma, such share shall be distributed to the heirs of Osage Indian blood upon the filing of proof of death and inheritance in accordance with the Oklahoma law of intestate succession in a form satisfactory to the Secretary of the Interior whose findings and determinations upon such proof shall be final and conclusive: Provided, That when a person of Osage Indian blood receives an amount totaling less than $20 from one or more shares of one or more Osage allottees, that amount shall not be distributed to the individual, but will revert to the Osage Tribe.
(c) Minors and persons under guardianship; rules and regulations
A share or proportional share payable to a person of Osage Indian blood under eighteen years of age and any person under guardianship pursuant to an order of a court of competent jurisdiction notwithstanding the fact he has received a certificate of competency shall be disbursed under rules and regulations to be prescribed by the Secretary of the Interior.
(Pub. L. 92–586, § 2, Oct. 27, 1972, 86 Stat. 1295.)
25 U.S.C. § 883b (INDIANS)
§ 883b. Per capita shares; filing claims; reversion of unclaimed shares
All claims for per capita shares by heirs of Osage Indian blood shall be filed with the Superintendent, Osage Agency, Pawhuska, Oklahoma, not later than eighteen months from October 27, 1972. Thereafter, all claims and the right to file same shall be forever barred and the unclaimed shares shall revert to the Osage Tribe. Unclaimed shares of distributees shall revert to the Osage Tribe six months after determination by the Secretary of the Interior of their right to share.
(Pub. L. 92–586, § 3, Oct. 27, 1972, 86 Stat. 1296.)
25 U.S.C. § 891 to 902 (INDIANS)
§§ 891 to 902. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770
text: Section 891, act June 17, 1954, ch. 303, § 1, 68 Stat. 250, set out purpose of sections 891 to 902 as orderly termination of Federal supervision over property of Menominee Tribe.
text: Section 892, act June 17, 1954, ch. 303, § 2, 68 Stat. 250, defined “Tribe” and “Secretary”.
text: Section 893, act June 17, 1954, ch. 303, § 3, 68 Stat. 250, set forth procedure for inclusion on tribal membership roll prior to its closure.
text: Section 894, act June 17, 1954, ch. 303, § 5, 68 Stat. 251, authorized payment of $1,500 to tribal members.
text: Section 895, acts June 17, 1954, ch. 303, § 6, 68 Stat. 251; July 14, 1956, ch. 601, 70 Stat. 544; July 2, 1958, Pub. L. 85–488, § 1(a), 72 Stat. 290, authorized hiring of management specialists by tribe to assist tribe in studying industrial programs for reservation.
text: Section 896, acts June 17, 1954, ch. 303, § 7, 68 Stat. 251; July 14, 1956, ch. 604, § 1, 70 Stat. 549; July 2, 1958, Pub. L. 85–488, § 1(b), 72 Stat. 290; Sept. 8, 1960, Pub. L. 86–733, § 1, 74 Stat. 867, required tribe to formulate and submit a plan to Secretary for control of tribal property and service functions conducted by United States.
text: Section 897, acts June 17, 1954, ch. 303, § 8, 68 Stat. 252; July 14, 1956, ch. 604, § 2, 70 Stat. 550; July 2, 1958, Pub. L. 85–488, § 1(c), 72 Stat. 291; Sept. 8, 1960, Pub. L. 86–733, § 2, 74 Stat. 867, authorized transfer of all tribal property by Secretary on or before Apr. 30, 1961, to tribal corporation or a trustee selected by Secretary.
text: Section 898, acts June 17, 1954, ch. 303, § 9, 68 Stat. 252; Sept. 8, 1960, Pub. L. 86–733, § 3, 74 Stat. 867, set forth conditions for tax exemptions for distributions, conveyances, and transfer of title to assets.
text: Section 899, act June 17, 1954, ch. 303, § 10, 68 Stat. 252, provided for publication in Federal Register by Secretary of a proclamation of transferred property.
text: Section 900, act June 17, 1954, ch. 303, § 11, 68 Stat. 252, related to protection of minors, etc. by Secretary prior to transfer of tribal property.
text: Section 901, act June 17, 1954, ch. 303, § 12, 68 Stat. 252, authorized Secretary to promulgate rules and regulations.
text: Section 902, act June 17, 1954, ch. 303, § 14, as added Sept. 8, 1960, Pub. L. 86–733, § 4, 74 Stat 867, authorized contracts with Wisconsin Department of Public Instruction for completion of any vocational or undergraduate college program prior to termination of Federal responsibilities.
heading: Authorization of Appropriations
text: Pub. L. 89–653, § 1, Oct. 15, 1966, 80 Stat. 903, authorized appropriations for the fiscal year ending June 30, 1967, and for each of the three succeeding fiscal years to compensate Wisconsin and its political subdivisions for extraordinary expenses occasioned by the termination of Federal supervision over the Menominee Tribe of Wisconsin by the act of June 17, 1954, ch. 303, 68 Stat. 250.
25 U.S.C. § 903 (INDIANS)
§ 903. Definitions
For the purposes of this subchapter—
(1) The term “tribe” means the Menominee Indian Tribe of Wisconsin.
(2) The term “Secretary” means the Secretary of the Interior.
(3) The term “Menominee Restoration Committee” means that committee of nine Menominee Indians who shall be elected pursuant to subsections (a) and (b) of section 903b of this title.
(Pub. L. 93–197, § 2, Dec. 22, 1973, 87 Stat. 770.)
heading: Short Title
text: Pub. L. 93–197, § 1, Dec. 22, 1973, 87 Stat. 770, provided: “That this Act [enacting this subchapter and repealing sections 891 to 902 of this title] may be cited as the ‘Menominee Restoration Act’.”
25 U.S.C. § 903g (INDIANS)
§ 903g. Exemption from advertising requirement for contracts for labor or supplies
All contracts for labor or supplies necessary for the carrying on of operations on the Menominee Indian Reservation pursuant to the Act of March 28, 1908 (35 Stat. 51), as amended, shall be exempt from the requirements of section 6101 of title 41.
(Oct. 10, 1940, ch. 851, § 3(c), 54 Stat. 1111.)
heading: References in Text
text: Act of March 28, 1908, referred to in text, is act Mar. 28, 1908, ch. 111, 35 Stat. 51, which is not classified to the Code.
heading: Codification
text: In text, “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Section was formerly classified to section 6b(c) of former Title 41, Public Contracts.
This section was not enacted as part of the Menominee Restoration Act which comprises this subchapter.
25 U.S.C. § 911 (INDIANS)
§ 911. Membership roll; preparation; eligibility for enrollment; applications for enrollment; protests; finality of determination
The Secretary of the Interior is authorized and directed to prepare a roll of the persons whose names appear on the Quapaw membership roll forwarded under date of January 4, 1890, and whose membership in the tribe was then based upon Quapaw blood rather than solely upon adoption, and the descendants of such persons, who are living on July 17, 1959. Applications for enrollment must be filed with the area director of the Bureau of Indian Affairs, Muskogee, Oklahoma, on forms prescribed by the Secretary, within six months after July 17, 1959. For a period of three months thereafter, the Secretary shall permit the examination of the applications by the Quapaw Tribal Business Committee or by persons having a material interest therein for the purpose of lodging protests against any application. The determination of the Secretary regarding the eligibility of an applicant shall be final.
(Pub. L. 86–97, § 1, July 17, 1959, 73 Stat. 221.)
25 U.S.C. § 912 (INDIANS)
§ 912. Per capita payments to enrollees, heirs or legatees; tax exemption
The Secretary shall distribute on a pro rata basis to the persons whose names appear on the roll prepared pursuant to section 911 of this title, or their heirs or legatees, the balance of the funds on deposit in the Treasury of the United States to the credit of the Quapaw Indians that were appropriated by the Act of August 26, 1954 (68 Stat. 801), in satisfaction of a judgment against the United States that was obtained by the tribe in the Indian Claims Commission on May 7, 1954, and accrued interest thereon. The funds so distributed shall not be subject to Federal or State income tax.
(Pub. L. 86–97, § 2, July 17, 1959, 73 Stat. 222.)
heading: References in Text
text: Act of August 26, 1954, referred to in text, is act Aug. 26, 1954, ch. 935, 68 Stat. 801, known as the Supplemental Appropriation Act, 1955. That portion of the act which appropriated the funds referred to was not classified to the Code.
25 U.S.C. § 913 (INDIANS)
§ 913. 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 share payable to a living enrollee directly to such enrollee, and the Secretary shall distribute a share payable to a deceased enrollee directly to his next of kin or legatees as determined by the laws of the place of domicile of the decedent, 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 the laws applicable to such person in the place of his domicile, or in the discretion of the Secretary to the natural parent or guardian of such person.
(Pub. L. 86–97, § 3, July 17, 1959, 73 Stat. 222.)
25 U.S.C. § 914 (INDIANS)
§ 914. Costs
All costs incurred by the Secretary in the preparation of the roll and in the payment of shares in accordance with the provisions of this subchapter shall be paid by appropriate withdrawals from the judgment fund, but the cost and expense of any litigation that may arise from the preparation of the roll or the payment of shares shall be paid by the United States.
(Pub. L. 86–97, § 4, July 17, 1959, 73 Stat. 222.)
25 U.S.C. § 931 to 938 (INDIANS)
§§ 931 to 938. Repealed. Pub. L. 103–116, § 4(c), Oct. 27, 1993, 107 Stat. 1121
text: Section 931, Pub. L. 86–322, § 1, Sept. 21, 1959, 73 Stat. 592, related to publication of notice of agreement to division of assets, closure of roll, preparation of roll, protest against inclusion or omission from roll, finality of determinations, and final publication.
text: Section 932, Pub. L. 86–322, § 2, Sept. 21, 1959, 73 Stat. 592, related to personal property rights of enrolled members and restrictions on alienation.
text: Section 933, Pub. L. 86–322, § 3, Sept. 21, 1959, 73 Stat. 592, related to distribution of tribal assets.
text: Section 934, Pub. L. 86–322, § 4, Sept. 21, 1959, 73 Stat. 593, related to land surveys and execution of conveyances by Secretary and title of grantees.
text: Section 935, Pub. L. 86–322, § 5, Sept. 21, 1959, 73 Stat. 593, related to revocation of tribal constitution, termination of Federal services, application of Federal and State laws, and effect on citizenship status.
text: Section 936, Pub. L. 86–322, § 6, Sept. 21, 1959, 73 Stat. 593, provided that rights, privileges, and obligations under South Carolina laws would be unaffected.
text: Section 937, Pub. L. 86–322, § 7, Sept. 21, 1959, 73 Stat. 593, related to applicability of Federal or State income taxes on distributed property.
text: Section 938, Pub. L. 86–322, § 8, Sept. 21, 1959, 73 Stat. 594, related to education and training program, purposes, subjects, transportation, subsistence, contracts, and other education programs.
heading: Effective Date of Repeal
text: For effective date of repeal, see section 17 of Pub. L. 103–116, set out as an Effective Date note under section 941 of this title.
25 U.S.C. § 941b (INDIANS)
§ 941b. Restoration of Federal trust relationship
(a) Restoration of Federal trust relationship and approval, ratification, and confirmation of Settlement Agreement
On the effective date of this subchapter—
(1) the trust relationship between the Tribe and the United States is restored; and
(2) the Settlement Agreement and the State Act are approved, ratified, and confirmed by the United States to effectuate the purposes of this subchapter, and shall be complied with in the same manner and to the same extent as if they had been enacted into Federal law.
(b) Eligibility for Federal benefits and services
Notwithstanding any other provision of law, on the effective date of this subchapter, the Tribe and the Members shall be eligible for all benefits and services furnished to federally recognized Indian tribes and their members because of their status as Indians. On the effective date of this subchapter, the Secretary shall enter the Tribe on the list of federally recognized bands and tribes maintained by the Department of the Interior; and its members shall be eligible to special services, educational benefits, medical care, and welfare assistance provided by the United States to Indians because of their status as Indians, and the Tribe shall be eligible to the special services performed by the United States for tribes because of their status as Indian tribes. For the purpose of eligibility for Federal services made available to members of federally recognized Indian tribes because of their status as Indian tribal members, Members of the Tribe in the Tribe’s service area shall be deemed to be residing on or near a reservation.
(c) Repeal of Termination Act
The Termination Act is repealed.
(d) Effect on property rights and other obligations
Except as otherwise specifically provided in this subchapter, this subchapter shall not affect any property right or obligation or any contractual right or obligation in existence before the effective date of this subchapter, or any obligation for taxes levied before that date.
(e) Extent of jurisdiction
This subchapter shall not be construed to empower the Tribe with special jurisdiction or to deprive the State of jurisdiction other than as expressly provided by this subchapter or by the State Act. The jurisdiction and governmental powers of the Tribe shall be solely those set forth in this subchapter and the State Act.
(Pub. L. 103–116, § 4, Oct. 27, 1993, 107 Stat. 1121.)
heading: References in Text
text: For the effective date of this subchapter, referred to in subsecs. (a), (b), and (d), see Effective Date note set out under section 941 of this title.
25 U.S.C. § 941c (INDIANS)
§ 941c. Settlement funds
(a) Authorization for appropriation
There is hereby authorized to be appropriated $32,000,000 for the Federal share which shall be deposited in the trust funds established pursuant to section 941i of this title or paid pursuant to section 941d(g) of this title.
(b) Disbursement in accordance with Settlement Agreement
The Federal funds appropriated pursuant to this subchapter shall be disbursed in four equal annual installments of $8,000,000 beginning in the fiscal year following October 27, 1993. Funds transferred to the Secretary from other sources shall be deposited in the trust funds established pursuant to section 941i of this title or paid pursuant to section 941d(g) of this title within 30 days of receipt by the Secretary.
(c) Federal, State, local and private contributions held in trust by Secretary
The Secretary shall, on behalf of the Tribe, collect those contributions toward settlement appropriated or received by the State pursuant to section 5.2 of the Settlement Agreement and shall either hold such funds totalling $18,000,000, together with the Federal funds appropriated pursuant to this subchapter, in trust for the Tribe pursuant to the provisions of section 941i of this title or pay such funds pursuant to section 941d(g) of this title.
(d) Nonpayment of State, local, or private contributions
The Secretary shall not be accountable or incur any liability for the collection, deposit, or management of the non-Federal contributions made pursuant to section 5.2 of the Settlement Agreement, or payment of such funds pursuant to section 941d(g) of this title, until such time as such funds are received by the Secretary.
(Pub. L. 103–116, § 5, Oct. 27, 1993, 107 Stat. 1122.)
25 U.S.C. § 941f (INDIANS)
§ 941f. Transitional and provisional government
(a) Future tribal government
The Tribe shall adopt a new constitution within 24 months after the effective date of this subchapter.
(b) Executive Committee as transitional body
(1) Until the Tribe has adopted a constitution, the existing tribal constitution shall remain in effect and the Executive Committee is recognized as the provisional and transitional governing body of the Tribe. Until an election of tribal officers under the new constitution, the Executive Committee shall—
(A) represent the Tribe and its Members in the implementation of this subchapter; and
(B) during such period—
(i) have full authority to enter into contracts, grant agreements and other arrangements with any Federal department or agency; and
(ii) have full authority to administer or operate any program under such contracts or agreements.
(2) Until the initial election of tribal officers under a new constitution and bylaws, the Executive Committee shall—
(A) determine tribal membership in accordance with the provisions of section 941e of this title; and
(B) oversee and implement the revision and proposal to the Tribe of a new constitution and conduct such tribal meetings and elections as are required by this subchapter.
(Pub. L. 103–116, § 8, Oct. 27, 1993, 107 Stat. 1125.)
25 U.S.C. § 941g (INDIANS)
§ 941g. Tribal constitution and governance
(a) Indian Reorganization Act
If the Tribe so elects, it may organize under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the “Indian Reorganization Act”). The Tribe shall be subject to such Act except to the extent such sections are inconsistent with this subchapter.
(b) Adoption of new tribal constitution
Within 180 days after the effective date of this subchapter, the Executive Committee shall draft and distribute to each Member eligible to vote under the tribal constitution in effect on the effective date of this subchapter, a proposed constitution and bylaws for the Tribe together with a brief, impartial description of the proposed constitution and bylaws and a notice of the date, time and location of the election under this subsection. Not sooner than 30 days or later than 90 days after the distribution of the proposed constitution, the Executive Committee shall conduct a secret-ballot election to adopt a new constitution and bylaws.
(c) Majority vote for adoption; procedure in event of failure to adopt proposed constitution
(1) The tribal constitution and bylaws shall be ratified and adopted if—
(A) not less than 30 percent of those entitled to vote do vote; and
(B) approved by a majority of those actually voting.
(2) If in any such election such majority does not approve the adoption of the proposed constitution and bylaws, the Executive Committee shall prepare another proposed constitution and bylaws and present it to the Tribe in the same manner provided in this section for the first constitution and bylaws. Such new proposed constitution and bylaws shall be distributed to the eligible voters of the Tribe no later than 180 days after the date of the election in which the first proposed constitution and bylaws failed of adoption. An election on the question of the adoption of the new proposal of the Executive Committee shall be conducted in the same manner provided in subsection (b) of this section for the election on the first proposed constitution and bylaws.
(d) Election of tribal officers
Within 120 days after the Tribe ratifies and adopts a constitution and bylaws, the Executive Committee shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in the constitution and bylaws. Subsequent elections shall be held in accordance with the Tribe’s constitution and bylaws.
(e) Extension of time
Any time periods prescribed in subsections (b) and (c) of this section may be altered by written agreement between the Executive Committee and the Secretary.
(Pub. L. 103–116, § 9, Oct. 27, 1993, 107 Stat. 1125.)
heading: References in Text
text: The Indian Reorganization Act, referred to in subsec. (a), is act June 18, 1934, ch. 576, 48 Stat. 984, as amended, which 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.
For the effective date of this subchapter, referred to in subsec. (b), see Effective Date note set out under section 941 of this title.