dreamproit/uscode huggingface dataset:
25 U.S.C. § 748 (INDIANS)
§ 748. Transfer of federally owned property
The Secretary is authorized, in his discretion, to transfer to a tribe or any member or group of members thereof any federally owned property acquired, withdrawn, or used for the administration of the affairs of the tribe which he deems necessary for Indian use, or to transfer to a public or nonprofit body any such property which he deems necessary to public use and from which members of the tribes will derive benefit.
(Sept. 1, 1954, ch. 1207, § 8, 68 Stat. 1102.)
heading: Kanosh Indians, Utah
text: Act July 11, 1956, ch. 569, 70 Stat. 528, provided: “That the following-described public domain is hereby declared to be held by the United States in trust for the Kanosh Bank of the Paiute Indian Tribe in Utah, subject to the provisions of the Act of September 1, 1954 (68 Stat. 1099) [this subchapter], with respect to the termination of Federal supervision over all property of such Indians: The southeast quarter, east half northeast quarter, and the northwest quarter northeast quarter, section 35, township 22 south, range 5 west; the west half west half, section 14, and the east half east half, section 15, township 23 south, range 5 west, Salt Lake meridian, Utah, containing 600 acres.”
25 U.S.C. § 749 (INDIANS)
§ 749. Taxes; initial exemption; taxes following distribution; valuation for capital gains and losses
No property distributed under the provisions of this subchapter shall at the time of distribution be subject to Federal or State income tax. Following any distribution of property made under the provisions of this subchapter, such property and any income derived therefrom by the individual, corporation, or other legal entity shall be subject to the same taxes, State and Federal, as in the case of non-Indians: Provided, That for the purpose of capital gains or losses the base value of the property shall be the value of the property when distributed to the individual, corporation, or other legal entity.
(Sept. 1, 1954, ch. 1207, § 9, 68 Stat. 1102.)
25 U.S.C. § 750 (INDIANS)
§ 750. Indian claims unaffected
Nothing contained in this subchapter shall deprive any Indian tribe, band, or other identifiable group of American Indians of any right, privilege, or benefit granted by the Indian Claims Commission Act of August 13, 1946 (ch. 959, 60 Stat. 1049) [25 U.S.C. 70 et seq.], including the right to pursue claims against the United States as authorized by said Act.
(Sept. 1, 1954, ch. 1207, § 10, 68 Stat. 1103.)
heading: References in Text
text: The Indian Claims Commission Act of August 13, 1946, referred to in text, is act Aug. 13, 1946, ch. 959, 60 Stat. 1049, as amended, which was classified to section 2A (§ 70 et seq.) of this title and was omitted because of the termination of the Indian Claims Commission on Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title.
25 U.S.C. § 751 (INDIANS)
§ 751. Valid leases, permits, liens, etc., unaffected
Nothing in this subchapter shall abrogate any valid lease, permit, license, right-of-way, lien, or other contract heretofore approved. Whenever any such instrument places in or reserves to the Secretary any powers, duties, or other functions with respect to the property subject thereto, the Secretary may transfer such functions, in whole or in part, to any Federal agency with the consent of such agency and may transfer such function, in whole or in part, to a State agency with the consent of such agency and the other party or parties to such instrument.
(Sept. 1, 1954, ch. 1207, § 11, 68 Stat. 1103.)
25 U.S.C. § 753 (INDIANS)
§ 753. Protection of minors, persons non compos mentis and other members needing assistance; guardians; other adequate means
Prior to the transfer of title to, or the removal of restrictions from, property in accordance with the provisions of this subchapter, the Secretary shall protect the rights of members of a tribe who are minors, non compos mentis, or in the opinion of the Secretary in need of assistance in conducting their affairs by causing the appointment of guardians in courts of competent jurisdiction, or by such other means as he may deem adequate.
(Sept. 1, 1954, ch. 1207, § 13, 68 Stat. 1103.)
25 U.S.C. § 754 (INDIANS)
§ 754. Advances or expenditures from tribal funds
Pending the completion of the property dispositions provided for in this subchapter, the funds now on deposit, or hereafter deposited, in the United States Treasury to the credit of the tribe shall be available for advance to the tribe, or for expenditure, for such purposes as may be designated by the governing body of the tribe and approved by the Secretary.
(Sept. 1, 1954, ch. 1207, § 14, 68 Stat. 1103.)
25 U.S.C. § 755 (INDIANS)
§ 755. Execution by Secretary of patents, deeds, etc.
The Secretary shall have the authority to execute such patents, deeds, assignments, releases, certificates, contracts, and other instruments as may be necessary or appropriate to carry out the provisions of this subchapter, or to establish a marketable and recordable title to any property disposed of pursuant to this subchapter.
(Sept. 1, 1954, ch. 1207, § 15, 68 Stat. 1103.)
25 U.S.C. § 756 (INDIANS)
§ 756. Cancellation of indebtedness
The Secretary is authorized and directed to cancel any indebtedness payable to the United States by the tribe arising out of any loan made by the United States to such tribe, and any indebtedness, whether payable to the United States or to the tribe, arising out of a loan made from the proceeds thereof to an individual Indian.
(Sept. 1, 1954, ch. 1207, § 16, 68 Stat. 1103.)
25 U.S.C. § 757 (INDIANS)
§ 757. Termination of Federal trust
(a) Publication; termination of Federal services; application of Federal and State laws
Upon removal of Federal restrictions on the property of each tribe and individual members thereof, the Secretary shall publish in the Federal Register a proclamation declaring that the Federal trust relationship to the affairs of the tribe and its members has terminated. Thereafter individual members of the tribe shall not be entitled to any of the services performed by the United States for Indians because of their status as Indians, all statutes of the United States which affect Indians because of their status as Indians shall no longer be applicable to the members of the tribe, and the laws of the several States shall apply to the tribe and its members in the same manner as they apply to other citizens or persons within their jurisdiction.
(b) Citizenship status unaffected
Nothing in this subchapter shall affect the status of the members of the tribe as citizens of the United States, or shall affect their rights, privileges, immunities, and obligations as such citizens.
(Sept. 1, 1954, ch. 1207, § 17, 68 Stat. 1103.)
25 U.S.C. § 758 (INDIANS)
§ 758. Status of Tribes
(a) Revocation of corporate charter
Effective on the date of the proclamation provided for in section 757 of this title, the corporate charter issued pursuant to the Act of June 18, 1934 (48 Stat. 984), as amended [25 U.S.C. 461 et seq.], to the Kanosh Band of Paiute Indians of the Kanosh Reservation, Utah, and ratified by the band on August 15, 1943, and to the Shivwits Band of Paiute Indians of the Shivwits Reservation, Utah, and ratified by the band on August 30, 1941, are revoked.
(b) Termination of Federal power
Effective on the date of the proclamation provided for in section 757 of this title, all powers of the Secretary or other officer of the United States to take, review, or approve any action under the constitution and bylaws of the tribe are terminated. Any powers conferred upon the tribe by such constitution which are inconsistent with the provisions of this subchapter are terminated. Such termination shall not affect the power of the tribe to take any action under its constitution and bylaws that is consistent with this subchapter without the participation of the Secretary or other officer of the United States.
(Sept. 1, 1954, ch. 1207, § 18, 68 Stat. 1104.)
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.
25 U.S.C. § 759 (INDIANS)
§ 759. Rules and regulations; tribal referenda
The Secretary is authorized to issue rules and regulations necessary to effectuate the purposes of this subchapter, and may in his discretion provide for tribal referenda on matters pertaining to management or disposition of tribal assets.
(Sept. 1, 1954, ch. 1207, § 19, 68 Stat. 1104.)
25 U.S.C. § 760 (INDIANS)
§ 760. Education and training program; purposes; subjects; transportation; subsistence; contracts; other education programs
Prior to the issuance of a proclamation in accordance with the provisions of section 757 of this title, the Secretary is authorized to undertake, within the limits of available appropriations, a special program of education and training designed to help the members of the tribe to earn a livelihood, to conduct their own affairs, and to assume their responsibilities as citizens without special services because of their status as Indians. Such program may include language training, orientation in non-Indian community customs and living standards, vocational training and related subjects, transportation to the place of training or instruction, and subsistence during the course of training or instruction. For the purposes of such program the Secretary is authorized to enter into contracts or agreements with any Federal, State, or local governmental agency, corporation, association, or person. Nothing in this section shall preclude any Federal agency from undertaking any other program for the education and training of Indians with funds appropriated to it.
(Sept. 1, 1954, ch. 1207, § 23, 68 Stat. 1104.)
25 U.S.C. § 761 (INDIANS)
§ 761. Definitions
For the purposes of this subchapter—
(1) the term “tribe” means the Cedar, Shivwits, Kanosh, Koosharem, and Indian Peaks Bands of Paiute Indians of Utah;
(2) the term “Secretary” means the Secretary of the Interior or his authorized representative;
(3) the term “Interim Council” means the council elected pursuant to section 764 of this title;
(4) the term “member”, when used with respect to the tribe, means a person enrolled on the membership roll of the tribe, as provided in section 763 of this title; and
(5) the term “final membership roll” means the final membership roll of the tribe published on April 15, 1955, on pages 2499 through 2503 of volume 20 of the Federal Register and on April 14, 1956, on pages 2453 through 2456 of volume 21 of the Federal Register.
(Pub. L. 96–227, § 2, Apr. 3, 1980, 94 Stat. 317; Pub. L. 109–126, § 4, Dec. 7, 2005, 119 Stat. 2547.)
heading: Amendments
text: 2005—Par. (1). Pub. L. 109–126 substituted “Cedar” for “Cedar City”.
heading: Short Title
text: Pub. L. 96–227, § 1, Apr. 3, 1980, 94 Stat. 317, provided: “That this act [enacting this subchapter] may be cited as the ‘Paiute Indian Tribe of Utah Restoration Act’.”
25 U.S.C. § 765 (INDIANS)
§ 765. Tribal constitution and bylaws
(a) Election; time and preconditions
Upon the written request of the Interim Council, the Secretary shall conduct an election by secret ballot, pursuant to the provisions of section 476 of this title, for the purpose of adopting a constitution and bylaws for the tribe. The election shall be held within sixty days after the Secretary has—
(1) reviewed and updated the final membership roll for accuracy, in accordance with sections 763(a), 763(b)(1), and 763(c)(1) of this title,
(2) made a final determination of all appeals filed under section 763(c)(2) of this title, and
(3) published in the Federal Register a certified copy of the membership roll of the tribe.
(b) Pre-election duties and functions of Interim Council
The Interim Council shall draft and distribute to each member described in section 763(d) of this title, no later than thirty days before the election under subsection (a) of this section, a copy of the proposed constitution and bylaws of the tribe, as drafted by the Interim Council, along with a brief and impartial description of the proposed constitution and bylaws. The members of the Interim Council may freely consult with members of the tribe concerning the text and description of the constitution and bylaws, except that such consultation may not be carried on within fifty feet of the polling places on the date of the election.
(c) Majority vote for adoption
In any election held pursuant to subsection (a) of this section, a vote of a majority of those actually voting shall be necessary and sufficient for the adoption of a tribal constitution and bylaws.
(d) Election of tribal officials pursuant to constitution and bylaws; ballot requirements
Not later than one hundred and twenty days after the tribe adopts a constitution and bylaws, the Interim Council shall conduct an election by secret ballot for the purpose of electing the individuals who will serve as tribal officials as provided in the tribal constitution and bylaws. For the purpose of this election and notwithstanding any provision in the tribal constitution and bylaws to the contrary, absentee balloting shall be permitted.
(Pub. L. 96–227, § 6, Apr. 3, 1980, 94 Stat. 319.)
25 U.S.C. § 767 (INDIANS)
§ 767. Legal claims barred for lands lost through tax or other sales since September 1, 1954
Any legal claims for lands owned by the Shivwits, Kanosh, Koosharem, or Indian Peaks Bands of Paiute Indians of Utah and lost through tax sales or any other sales to individuals, corporations, or the State of Utah since September 1, 1954, are hereby barred.
(Pub. L. 96–227, § 8, Apr. 3, 1980, 94 Stat. 322.)
25 U.S.C. § 771 (INDIANS)
§ 771. Enrollment of descendants; determination of eligibility
The Secretary of the Interior, hereafter referred to as the “Secretary”, is authorized and directed to prepare separate rolls of the Indians of the blood of the Molel or Molallalas Tribe of Oregon and of the Confederated Bands of the Umpqua Tribe of Indians and the Calappoias residing in the Umpqua Valley, and of the Tillamook, Coquille, Tootootoney, and Chetco Tribes of Oregon, living on August 30, 1954. Applications for enrollment shall be filed within one year of August 30, 1954. The determination of the Secretary of the eligibility of an applicant for enrollment shall be final and conclusive. No person shall be entitled to be enrolled on more than one roll.
(Aug. 30, 1954, ch. 1085, § 1, 68 Stat. 979.)
25 U.S.C. § 772 (INDIANS)
§ 772. Per capita payments to tribal members; tax exemption
The Secretary is authorized and directed to withdraw the funds on deposit in the Treasury of the United States to the credit of the respective tribes or bands, including those funds appropriated by Public Law 253 (Eighty-second Congress) approved November 1, 1951, in satisfaction of judgments obtained by the tribes or bands in the cases of Alcea Band of Tillamook, et al., against United States (119 C. Cls. 835), and Rogue River Tribes of Indians, et al., against United States (116 C. Cls. 454), and to make appropriate and equitable per capita payments therefrom to each person whose name appears on said approved rolls: Provided, That any amounts paid to or for individual members, or distributed to or for the legatees or next of kin of any enrollee, as provided in this subchapter, shall not be subject to Federal tax.
(Aug. 30, 1954, ch. 1085, § 2, 68 Stat. 979.)
heading: References in Text
text: Public Law 253 (Eighty-second Congress), referred to in text, is act Nov. 1, 1951, ch. 664, 65 Stat. 736, known as the Supplemental Appropriations Act, 1952, which was not classified to the Code.
25 U.S.C. § 773 (INDIANS)
§ 773. Payments
(a) Enrollees, next of kin, or legatees
The Secretary shall make payments directly to a living enrollee. The Secretary shall distribute the share of a person determined to be eligible for enrollment, but who dies subsequent to August 30, 1954, and on whose behalf an application is filed and approved, and the share of a deceased enrollee, directly to his next of kin or legatees as determined by the laws of the 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) Minors and persons under legal disability; guardians
Payments due persons under twenty-one years of age or persons under legal disability shall be made in accordance with laws applicable to such persons in the State of domicile of the payee. The Secretary may apply to any court of competent jurisdiction for the appointment of a guardian to receive and administer payments due a person under twenty-one years of age or under legal disability, and may take such other action as he deems appropriate for the protection of the interests of any such person in connection with payments hereunder.
(c) Payments not subject to debts; time limits
No part of any payment hereunder shall be subject to any debt or debts created prior to August 30, 1954 by a beneficiary of Indian blood. Payment to living enrollees, unless under twenty-one years of age, or under legal disability, shall be completed within one year after approval of the tribal rolls. Payment to next of kin and legatees, and payment for the account of persons under twenty-one years of age or under legal disability shall be completed within the same period of time to the maximum extent possible.
(Aug. 30, 1954, ch. 1085, § 3, 68 Stat. 979.)
25 U.S.C. § 774 (INDIANS)
§ 774. Costs
All costs incurred by the Secretary in the preparation of such rolls and the payment of such per capita shares shall be paid by appropriate withdrawals out of the fund or funds on deposit in the Treasury of the United States arising out of such judgments.
(Aug. 30, 1954, ch. 1085, § 4, 68 Stat. 980.)
25 U.S.C. § 781 (INDIANS)
§ 781. Distribution of funds
(a) Allotment equalization payments
The Secretary of the Interior is authorized and directed to use any funds on deposit in the Treasury of the United States to the credit of the Creek Nation to complete allotment equalization payments to persons with claims thereto that were filed and adjudicated in accordance with the provisions of section 18 in the Act of June 30, 1919 (41 Stat. 3, 24.)
(b) Per capita payments to enrollees, heirs, or legatees
The Secretary of the Interior is authorized to distribute per capita to the members of the Creek Nation whose names appear on the final rolls approved under the Act of April 26, 1906 (34 Stat. 137), or to their heirs or legatees, any funds heretofore or hereafter deposited in the Treasury of the United States to the credit of the Creek Nation that are not used for the purposes of subsection (a) of this section and that are not needed, in the judgment of the Secretary, for other tribal purposes except the proceeds of any final judgment entered in Docket No. 21, pending before the Indian Claims Commission, in which the Creek Nation (Oklahoma) is plaintiff, and McGhee et al., on behalf of the Creek Nation East of the Mississippi are intervenors, and the United States is defendant.
(c) Judgment payments
The Secretary of the Interior is authorized and directed to distribute among the persons entitled thereto the funds appropriated by chapter XII of the Third Supplemental Appropriation Act, 1952 (66 Stat. 101, 121), in payment of the judgment entered by the Indian Claims Commission in favor of the Loyal Creek Band or Group of Creek Indians et al., Docket No. 1. Such funds shall be paid to those persons whose names appear on the payroll prepared pursuant to the Act of March 3, 1903 (32 Stat. 982, 994), by J. Blair Schoenfelt, United States Indian Agent, or to their heirs or legatees, on a pro rata basis in proportion to the amounts appearing opposite their names on such payroll.
(Aug. 1, 1955, ch. 444, § 2, 69 Stat. 431.)
heading: References in Text
text: Section 18 of the Act of June 30, 1919, referred to in subsec. (a), is act June 30, 1919, ch. 4, § 18, 41 Stat. 21, which is set out as a note under section 375 of this title.
Act of April 26, 1906, referred to in subsec. (b), is act Apr. 26, 1906, ch. 1876, 34 Stat. 137, which is set out as a note under section 355 of this title.
The Indian Claims Commission, referred to in subsecs. (b) and (c), terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title.
Act of March 3, 1903, referred to in subsec. (c), is act Mar. 3, 1903, ch. 994, 32 Stat. 982, 994, which was not classified to the Code.
Chapter XII of the Third Supplemental Appropriation Act, 1952, referred to in subsec. (c), is chapter XII of act June 5, 1952, ch. 369, 66 Stat. 101, which was not classified to this Code.
25 U.S.C. § 782 (INDIANS)
§ 782. Payment to heirs or legatees
(a) Laws governing
If a person entitled to a payment authorized by sections 781 to 785 of this title is deceased, such payment shall be made to his heirs or legatees determined in accordance with the laws, relating to the distribution of personal property, of the Creek Nation if the decedent died before January 1, 1898, or of the State of Arkansas in effect at the time of death if the decedent died before November 16, 1907, or of the State of Oklahoma in effect at the time of death if the decedent died on or after November 16, 1907. For the purposes of this section the decedent shall be regarded as an owner in possession of the payment at the time of his death.
(b) Proof of death and heirship or bequest
Before a payment authorized by sections 781 to 785 of this title is made to an heir or legatee of a deceased person, proof of death and heirship or bequest satisfactory to the Secretary of the Interior shall be submitted to him, and his findings with respect thereto shall be final and conclusive. Where satisfactory proof of death and heirship or bequest is already available to the Secretary, no additional submission shall be required.
(Aug. 1, 1955, ch. 444, § 3, 69 Stat. 432.)
25 U.S.C. § 783 (INDIANS)
§ 783. Payments to minors or persons under legal disability; liens, exception; tax exemption
Funds payable under sections 781 to 785 of this title to minors or to persons under legal disability shall be paid to such representatives and under such conditions as the Secretary of the Interior may direct. The distribution of funds under said sections shall not be subject to any lien, except for debts owed to the United States or to Indian organizations indebted to the United States, and shall not be taxable.
(Aug. 1, 1955, ch. 444, § 4, 69 Stat. 432.)
25 U.S.C. § 784 (INDIANS)
§ 784. Appropriations
There is authorized to be appropriated out of any money in the Treasury not otherwise appropriated the sum of $325,000 to remain available until expended, for necessary expenses incident to the distribution of funds authorized by sections 781 to 785 of this title.
(Aug. 1, 1955, ch. 444, § 5, 69 Stat. 432; Pub. L. 86–229, Sept. 8, 1959, 73 Stat. 456.)
heading: Amendments
text: 1959—Pub. L. 86–229 increased appropriation authorization from $200,000 to $325,000.
25 U.S.C. § 786 (INDIANS)
§ 786. Credit of unclaimed and unpaid share of funds
The unclaimed and unpaid share of the funds, and the accrued interest thereon, appropriated by chapter XII of the Third Supplemental Appropriation Act, 1952 (66 Stat. 101, 121), in payment of the judgment entered by the Indian Claims Commission in favor of the Loyal Creek Band or Group of Indians et al., docket numbered 1, and which were authorized to be distributed by section 781(c) of this title, shall be deposited in the Treasury of the United States to the credit of the Creek Nation of Indians of Oklahoma.
(Pub. L. 90–76, § 1, Aug. 29, 1967, 81 Stat. 177.)
heading: References in Text
text: Chapter XII of the Third Supplemental Appropriation Act, 1952, referred to in text, is chapter XII of Act June 5, 1952, ch. 369, 66 Stat. 101, 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.