dreamproit/uscode huggingface dataset:
25 U.S.C. § 787 (INDIANS)
§ 787. Advances or expenditures from tribal funds
Funds that are deposited to the Creek Nation pursuant to sections 786 to 788 of this title, including interest and income therefrom, may be advanced or expended for any purpose that is authorized by the principal chief of the Creek Nation and the Secretary of the Interior.
(Pub. L. 90–76, § 2, Aug. 29, 1967, 81 Stat. 177.)
25 U.S.C. § 788 (INDIANS)
§ 788. Federal trust upon escheat of estates of members dying intestate without heirs
When, upon the final determination of a court having jurisdiction or by decision of the Secretary of the Interior after a period of five years from the death of the decedent, it is determined that a member of the Creek Nation or tribe of Oklahoma or a person of Creek Indian blood has died intestate without heirs, owning trust or restricted Indian lands or an interest therein in Oklahoma, such lands or interests owned, together with all rents and profits occurring therefrom, shall escheat to the Creek Nation of Indians of Oklahoma and be held thereafter in trust for said Indians by the United States.
(Pub. L. 90–76, § 3, Aug. 29, 1967, 81 Stat. 177.)
25 U.S.C. § 788a (INDIANS)
§ 788a. Disposition of judgment funds; preparation of Indian roll; eligibility
The Secretary of the Interior shall prepare a roll of all persons who meet the following requirements: (a) they were born on or prior to and were living on September 21, 1968; (b) their names or the names of lineal ancestors appear on any of the documents identified herein or on any available census rolls or other records acceptable to the Secretary, which identify the person as a Creek Indian, including ancient documents or records of the United States located in the National Archives, State or county records in the archives of the several States or counties therein or in the courthouses thereof, and other records that would be admissible as evidence in an action to determine Indian lineage:
(1) The Final Rolls of Creeks by Blood which were closed as of March 4, 1907;
(2) Claims of Friendly Creeks paid under the Act of March 3, 1817 (H.R. Doc. 200, 20:1, 1828);
(3) Census of the Creek Nation, 1833, made pursuant to article 2 of the treaty concluded March 24, 1832 (Senate Doc. 512, 1835, Emigration Correspondence, 1831–1833, pages 239–395);
(4) Land Location Registers of Creek Indian Lands, made pursuant to the Treaty of March 24, 1832;
(5) Any emigration or muster rolls of Creek Indians;
(6) Any lists of self-emigrant Creek claimants (including those contained in Senate Ex. Doc. 198, 50:1, 1888, and H.R. Ex. Doc. 238, 51:2, 1891).
Applications for enrollment must be filed with the Area Director of the Bureau of Indian Affairs, Muskogee, Oklahoma, in the manner and within the time limits prescribed for that purpose. The determination of the Secretary regarding the eligibility of an applicant shall be final.
(Pub. L. 90–504, § 1, Sept. 21, 1968, 82 Stat. 855.)
25 U.S.C. § 788c (INDIANS)
§ 788c. Heirs of deceased enrollees
The Secretary shall distribute a share payable to a living enrollee directly to such enrollee or in such manner as is deemed by the Secretary to be in the enrollee’s best interest, and he shall distribute the per capita share of a deceased enrollee to his heirs or legatees upon proof of death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be final and conclusive. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under legal disability shall be paid to the persons who the Secretary determines will best protect their interests.
(Pub. L. 90–504, § 3, Sept. 21, 1968, 82 Stat. 855.)
25 U.S.C. § 788d (INDIANS)
§ 788d. Rules and regulations
The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of sections 788a to 788d of this title, including establishing an appropriate deadline for filing applications.
(Pub. L. 90–504, § 4, Sept. 21, 1968, 82 Stat. 855.)
25 U.S.C. § 788e (INDIANS)
§ 788e. Disposition of judgment funds
(a) Preparation of Indian roll; eligibility
The Secretary of the Interior shall prepare a roll of the Creek Indians who meet the following requirements: (1) they were born on or prior to and living on September 21, 1968, and (2) their names or the names of lineal ancestors through whom eligibility is claimed appear on either the 1857 or 1859 payment roll prepared pursuant to Article VI of the Treaty of August 7, 1856 (11 Stat. 699), or on the Final Roll of Creeks by Blood closed as of March 4, 1907, pursuant to statute.
(b) Applications for enrollment
Applications for enrollment shall be filed with the Area Director, Bureau of Indian Affairs, Muskogee, Oklahoma, in the manner, within the time limit, and on the form prescribed for that purpose. The determination of the Secretary of the eligibility for enrollment of an applicant shall be final.
(Pub. L. 90–506, § 1, Sept. 21, 1968, 82 Stat. 859.)
25 U.S.C. § 788f (INDIANS)
§ 788f. Distribution of funds; tax exemption; equal shares
All costs incident to carrying out the provisions of sections 788e to 788h of this title shall be paid by appropriate withdrawals from the judgment funds referred to in this section. After deducting attorney fees and all other costs, the remainder of the funds, including interest, to the credit of the Creek Nation appropriated by the Act of October 27, 1966 (80 Stat. 1057), shall be distributed in equal shares to those persons whose names appear on the roll prepared in accordance with section 788e of this title. The funds so distributed shall not be subject to Federal or State income taxes.
(Pub. L. 90–506, § 2, Sept. 21, 1968, 82 Stat. 859.)
heading: References in Text
text: Act of October 27, 1966, referred to in text, is act Oct. 27, 1966, Pub. L. 89–697, 80 Stat. 1057. That portion of the act which appropriated the funds referred to was not classified to the Code.
25 U.S.C. § 788g (INDIANS)
§ 788g. Heirs of deceased enrollees
The Secretary shall distribute a share payable to a living enrollee directly to such enrollee or in such manner as is deemed by the Secretary to be in the enrollee’s best interest and the per capita share of a deceased enrollee shall be paid to his heirs or legatees upon proof of death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be final and conclusive. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under legal disability shall be paid to the persons whom the Secretary of the Interior determines will best protect their interests.
(Pub. L. 90–506, § 3, Sept. 21, 1968, 82 Stat. 859.)
25 U.S.C. § 788h (INDIANS)
§ 788h. Rules and regulations
The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of sections 788e to 788h of this title, including an appropriate deadline for filing applications for enrollment.
(Pub. L. 90–506, § 4, Sept. 21, 1968, 82 Stat. 859.)
25 U.S.C. § 821 to 826 (INDIANS)
§§ 821 to 826. Repealed Pub. L. 95–281, § 1(b)(2), May 15, 1978, 92 Stat. 246
text: Section 821, act Aug. 2, 1956, ch. 881, § 1, 70 Stat. 937, set out purpose of sections 821 to 826 of this title as termination of Federal supervision and services for tribe.
text: Section 822, act Aug. 2, 1956, ch. 881, § 2, 70 Stat. 937, related to removal of restrictions on sales or encumbrances and nature of title passed.
text: Section 823, act Aug. 2, 1956, ch. 881, § 3, 70 Stat. 937, related to termination of Federal trust and services.
text: Section 824, act Aug. 2, 1956, ch. 881, § 4, 70 Stat. 937, provided for revocation of tribal corporate charter and termination of Federal powers over tribe.
text: Section 825, act Aug. 2, 1956, ch. 881, § 5, 70 Stat. 938, provided for termination of supervision as not affecting prior claims filed by tribe against United States.
text: Section 826, act Aug. 2, 1956, ch. 881, § 6, 70 Stat. 938, related to preparation and publication of membership roll.
25 U.S.C. § 841 to 853 (INDIANS)
§§ 841 to 853. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246
text: Section 841, act Aug. 3, 1956, ch. 909, § 1, 70 Stat. 963, set out purpose of sections 841 to 853 of this title as termination of Federal supervision and services for tribe.
text: Section 842, act Aug. 3, 1956, ch. 909, § 2, 70 Stat. 963, related to transfers of individual property to members of tribe.
text: Section 843, act Aug. 3, 1956, ch. 909, § 3, 70 Stat. 963, provided for applicability of probate laws to property of deceased members.
text: Section 844, act Aug. 3, 1956, ch. 909, § 4, 70 Stat. 964, provided for protection by Secretary of minors, etc., prior to transfers or removal of restrictions on property.
text: Section 845, act Aug. 3, 1956, ch. 909, § 5, 70 Stat. 964, provided for availability of tribal funds for advances or expenditures.
text: Section 846, act Aug. 3, 1956, ch. 909, § 6, 70 Stat. 964, authorized Secretary to execute patents, deeds, etc., as necessary for implementation of provisions for termination of supervision.
text: Section 847, act Aug. 3, 1956, ch. 909, § 7, 70 Stat. 964, provided for nonabrogation by termination of supervision of any valid lease, permit, license, etc.
text: Section 848, act Aug. 3, 1956, ch. 909, § 8, 70 Stat. 964, related to procedures for termination of Federal trust and services for tribe and individual members.
text: Section 849, act Aug. 3, 1956, ch. 909, § 9, 70 Stat. 965, provided for revocation of tribal corporate charter and termination of Federal powers over tribe.
text: Section 850, act Aug. 3, 1956, ch. 909, § 10, 70 Stat. 965, provided for termination of supervision as not affecting prior claims filed by tribe against United States.
text: Section 851, act Aug. 3, 1956, ch. 909, § 11, 70 Stat. 965, provided for nonabrogation by termination of supervision of tribal or individual water rights.
text: Section 852, act Aug. 3, 1956, ch. 909, § 12, 70 Stat. 965, authorized Secretary to issue rules and regulations and hold referendums for implementation of provisions relating to termination of supervision.
text: Section 853, act Aug. 3, 1956, ch. 909, § 15, 70 Stat. 965, related to preparation and publication of membership roll.
heading: Repeal of Inconsistent Laws
text: Act Aug. 3, 1956, ch. 909, § 13, 70 Stat. 965, which related to repeal of inconsistent Acts, etc., was repealed by Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246.
heading: Separability
text: Act Aug. 3, 1956, ch. 909, § 14, 70 Stat. 965, which provided for validity of remainder of act of Aug. 3, 1956, in event of determination of invalidity of any part of such act, was repealed by Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246.
25 U.S.C. § 861 (INDIANS)
§ 861. Federal recognition of Wyandotte, Ottawa, and Peoria Tribes
(a) Extension or confirmation
Federal recognition is hereby extended or confirmed with respect to the Wyandotte Indian Tribe of Oklahoma, the Ottawa Indian Tribe of Oklahoma, and the Peoria Indian Tribe of Oklahoma, the provisions of the Acts repealed by subsection (b) of this section notwithstanding.
(b) Repeal of provisions terminating Federal supervision
The following Acts are hereby repealed:
(1) the Act of August 1, 1956 (70 Stat. 893; 25 U.S.C. 791–807), relating to the Wyandotte Tribe;
(2) the Act of August 2, 1956 (70 Stat. 937; 25 U.S.C. 821–826), relating to the Peoria Tribe; and
(3) the Act of August 3, 1956 (70 Stat. 963; 25 U.S.C. 841–853), relating to the Ottawa Tribe.
(c) Tribal rights and privileges; reinstatement and continuation
There are hereby reinstated all rights and privileges of each of the tribes described in subsection (a) of this section and their members under Federal treaty, statute, or otherwise which may have been diminished or lost pursuant to the Act relating to them which is repealed by subsection (b) of this section. Nothing contained in this subchapter shall diminish any rights or privileges enjoyed by each of such tribes or their members now or prior to enactment of such Act, under Federal treaty, statute, or otherwise, which are not inconsistent with the provisions of this subchapter.
(d) Continuation of property or contractual rights or obligations and tax obligations
Except as specifically provided in this subchapter, nothing contained in this subchapter shall alter any property rights or obligations, any contractual rights or obligations, including existing fishing rights, or any obligation for taxes already levied.
(Pub. L. 95–281, § 1, May 15, 1978, 92 Stat. 246.)
heading: References in Text
text: Act of August 1, 1956, referred to in subsec. (b)(1), is act Aug. 1, 1956, ch. 843, 70 Stat. 893, which was classified generally to subchapter XXXV (§ 791 et seq.) of this chapter prior to its repeal by subsec. (b)(1) of this section. For complete classification of this Act to the Code, see Tables.
Act of August 2, 1956, referred to in subsec. (b)(2), is act Aug. 2, 1956, ch. 881, 70 Stat. 937, which was classified generally to subchapter XXXVI (§ 821 et seq.) of this chapter prior to its repeal by subsec. (b)(2) of this section. For complete classification of this Act to the Code, see Tables.
Act of August 3, 1956, referred to in subsec. (b)(3), is act Aug. 3, 1956, ch. 909, 70 Stat. 963, which was classified to subchapter XXXVII (§ 841 et seq.) of this chapter prior to its repeal by subsec. (b)(3) of this section. For complete classification of this Act to the Code, see Tables.
This subchapter, referred to in subsecs. (c) and (d), was in the original “this Act”, meaning Pub. L. 95–281, May 15, 1978, 92 Stat. 246, which enacted this subchapter and repealed subchapter XXXV (§ 791 et seq.), subchapter XXXVI (§ 821 et seq.), and subchapter XXXVII (§ 841 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables.
25 U.S.C. § 861b (INDIANS)
§ 861b. Restoration of supervision as fulfilling other Federal statutory requirements
(a) Wyandotte, Peoria, and Ottawa Tribes; right or interest in tribal land
It is hereby declared that enactment of this subchapter fulfills the requirements of the first proviso in section 2 of the Act of January 2, 1975 (88 Stat. 1920, 1921), with respect to the Wyandotte Tribe of Oklahoma, the Ottawa Tribe of Oklahoma, and the Peoria Tribe of Oklahoma.
(b) Modoc Tribe; right or interest in tribal land
It is hereby declared that the organization of the Modoc Tribe of Oklahoma as provided in subsection (a) of this section shall fulfill the requirements of the second proviso in section 2 of the Act of January 2, 1975 (88 Stat. 1920, 1921).
(c) Modoc Tribe; publication of notice in Federal Register of organization for purposes of compliance
Promptly after organization of the Modoc Tribe of Oklahoma, the Secretary of the Interior shall publish a notice of such fact in the Federal Register including a statement that such organization completes fulfillment of the requirements of the provisos in section 2 of the Act of January 2, 1975 (88 Stat. 1920, 1921), and that the land described in section 1 of said Act is held in trust by the United States for the eight tribes named in said Act.
(Pub. L. 95–281, § 3, May 15, 1978, 92 Stat. 247.)
heading: References in Text
text: This subchapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 95–281, May 15, 1978, 92 Stat. 246, which enacted this subchapter and repealed subchapter XXXV (§ 791 et seq.), subchapter XXXVI (§ 821 et seq.), and subchapter XXXVII (§ 841 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables.
Act of January 2, 1975, referred to in text, is Pub. L. 93–588, Jan. 2, 1975, 88 Stat. 1920, and is not classified to this Code. The provisos in section 2 of such Act relate to right or interest in tribal land of the enumerated tribes.
25 U.S.C. § 861c (INDIANS)
§ 861c. Programs and services by United States; participation in by tribes as result of return to status as Indians
The Wyandotte, Ottawa, Peoria, and Modoc Tribes of Oklahoma and their members shall be entitled to participate in the programs and services provided by the United States to Indians because of their status as Indians, including, but not limited to, those under section 13 of this title, and for purposes of sections 2005 to 2005f of title 42. The members of such tribes shall be deemed to be Indians for which hospital and medical care was being provided by or at the expense of the Public Health Service on August 16, 1957.
(Pub. L. 95–281, § 4, May 15, 1978, 92 Stat. 247.)
25 U.S.C. § 871 (INDIANS)
§ 871. Membership roll; preparation; eligibility for enrollment; finality of determination
The Secretary of the Interior is authorized and directed to prepare a roll of the Indians of the blood of the Otoe and Missouria Tribe whose names appear on the allotment rolls of the tribe approved December 7, 1899, June 1, 1906, and January 17, 1907, and who are living on May 9, 1958, and the descendants of such allottees who are living on May 9, 1958, regardless of whether such allottees are living or deceased. Applications for enrollment shall be filed within six months after May 9, 1958. The determination of the Secretary regarding the eligibility of an applicant for enrollment shall be final and conclusive.
(Pub. L. 85–395, § 1, May 9, 1958, 72 Stat. 105.)
25 U.S.C. § 872 (INDIANS)
§ 872. Per capita distribution to tribal members
The Secretary is authorized and directed to withdraw the funds on deposit in the Treasury of the United States to the credit of the Otoe and Missouria Tribe appropriated by the Act of May 19, 1956 (70 Stat. 161, 176), together with accrued interest, in satisfaction of the judgment obtained in the Indian Claims Commission against the United States in docket numbered 11, and to distribute such funds per capita to the persons whose names appear on the roll prepared pursuant to section 871 of this title.
(Pub. L. 85–395, § 2, May 9, 1958, 72 Stat. 105.)
heading: References in Text
text: Act of May 19, 1956, referred to in text, is act May 19, 1956, ch. 313, 70 Stat. 161, 176, known as the Second Supplemental Appropriation Act, 1956. That portion of the act which appropriated the funds referred to was not classified to the Code.
25 U.S.C. § 873 (INDIANS)
§ 873. Per capita payments
(a) Enrollees, next of kin or legatees
The Secretary shall make per capita payments directly to a living enrollee, except as provided in subsection (b) of this section. The Secretary shall distribute the share of a person determined to be eligible for enrollment but who dies subsequent to May 9, 1958, and on whose behalf the application is filed and approved, and the share of a deceased enrollee, directly to his next of kin or legatee 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) Minors and persons under legal disability
Per capita payments due persons under twenty-one years of age or persons under legal disability shall be made in accordance with the laws of the place of domicile of such person, or in accordance with such procedures as the Secretary determines will adequately protect the best interests of such persons.
(c) Payments not subject to debts; tax exemption
No part of any per capita payment shall be subject to any debt or debts, other than to the United States, created prior to May 9, 1958, by a person of Indian blood, and such per capita payments shall not be taxable.
(Pub. L. 85–395, § 3, May 9, 1958, 72 Stat. 106; Pub. L. 86–540, June 29, 1960, 74 Stat. 252.)
heading: Amendments
text: 1960—Subsec. (b). Pub. L. 86–540 authorized per capita payments to be made in accordance with such procedures as the Secretary determines will adequately protect the best interests of the persons.
25 U.S.C. § 876 (INDIANS)
§ 876. Advances or expenditures from tribal funds; tax exemption
The unexpended balance of funds on deposit in the Treasury of the United States to the credit of the Otoe and Missouria Tribe of Indians that were appropriated by the Act of June 9, 1964, to pay a judgment by the Indian Claims Commission in docket numbered 11–A, and the interest thereon, less payment of attorney fees and expenses, may be advanced or expended for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior. Any part of such funds that may be distributed to the members of the tribe shall not be subject to Federal or State income taxes. The sum of $150,000, and any accrued interest thereon, shall be held in the United States Treasury pending final determination of the Yankton Sioux claim in docket numbered 332–A. Any portion of such sum that is determined to belong to the Otoe and Missouria Tribe shall thereupon become subject to the foregoing provisions of this section.
(Pub. L. 89–661, Oct. 14, 1966, 80 Stat. 911.)
heading: References in Text
text: Act of June 9, 1964, referred to in text, is Pub. L. 88–317, June 9, 1964, 78 Stat. 204, 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.
heading: Codification
text: Section was not enacted as part of Pub. L. 85–395, May 9, 1958, 72 Stat. 105, which comprises this subchapter.
25 U.S.C. § 881 (INDIANS)
§ 881. Potawatomi Indians; disposition of judgment fund; deductions; advances or expenditures for authorized purposes; tax exemption
The funds on deposit in the Treasury of the United States to the credit of the Citizen Band of Potawatomi Indians of Oklahoma that were appropriated by the Act of July 22, 1969 (Public Law 91–47) to pay a judgment by the Indian Claims Commission in docket numbered 96 dated August 27, 1968, and the interest thereon, including the interest accruing thereon, after payment of attorney fees and expenses, may be advanced or expended for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior. Any part of such funds that may be distributed per capita to the members of the band shall not be subject to Federal or State income tax.
(Pub. L. 91–401, § 1, Sept. 16, 1970, 84 Stat. 838.)
heading: References in Text
text: Act of July 22, 1969, referred to in text, is Pub. L. 91–47, July 22, 1969, 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.
25 U.S.C. § 881a (INDIANS)
§ 881a. Trusts and other procedures for protection of minors and persons under legal disability
Sums payable to enrollees or their heirs or legatees 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. 91–401, § 2, Sept. 16, 1970, 84 Stat. 838.)
25 U.S.C. § 882 (INDIANS)
§ 882. Sac and Fox Tribes; disposition of judgment fund; deductions; advances, expenditures, investments, or reinvestments for authorized purposes
The funds appropriated by the Act of June 19, 1968 (82 Stat. 239), to pay a judgment by the Indian Claims Commission in docket numbered 220, together with interest thereon, after payment of attorneys’ fees and other litigation expenses, may be advanced, deposited, expended, invested, or reinvested for any purposes that are authorized by the tribal governing body and approved by the Secretary of the Interior.
(Pub. L. 91–404, § 1, Sept. 19, 1970, 84 Stat. 845.)
heading: References in Text
text: Act of June 19, 1968, referred to in text, is Pub. L. 90–352, June 19, 1968, 82 Stat. 239, 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.