dreamproit/uscode huggingface dataset:
25 U.S.C. § 1195 (INDIANS)
§ 1195. Disposition of funds withheld from per capita distribution
The $200,000 withheld from per capita distribution pursuant to section 1191 of this title shall be invested or placed in trust with an institutional trustee by the Secretary of the Interior, under terms and conditions approved by the tribal governing body. The income from the investment or trust, together with such invasions of the principal or trust corpus as the Secretary deems desirable, shall be used for the education of members of the tribe until such time as the tribal governing body, with the approval of the Secretary, determines that the funds should be used in some other manner.
(Pub. L. 91–259, § 5, May 21, 1970, 84 Stat. 254.)
25 U.S.C. § 1201 (INDIANS)
§ 1201. Per capita distributions to tribal members; attorney’s fees, expenses, and other deductions; eligibility of members
The funds appropriated by the Act of October 21, 1968 (82 Stat. 1190, 1198), to pay a judgment to the Sioux Tribe of the Fort Peck Reservation, Montana, in Indian Claims Commission Docket Numbered 279A and the interest thereon, after payment of attorney’s fees and all appropriate expenses, and after deducting $50,000 to be used as provided in section 1205 of this title, and after deducting the estimated costs of distribution, shall be distributed per capita to each person born on or before, and living on, June 19, 1970, who is a citizen of the United States and duly enrolled, on a roll approved by the Secretary of the Interior, as a member of the Sioux Tribe of the Fort Peck Reservation, in accordance with eligibility requirements and procedures agreed upon by the Secretary of the Interior and the tribe, or its authorized representatives.
(Pub. L. 91–283, § 1, June 19, 1970, 84 Stat. 313.)
heading: References in Text
text: Act of October 21, 1968, referred to in text, is act Oct. 21, 1968, Pub. L. 90–608, 82 Stat. 1190, known as the Supplemental Appropriation Act, 1969. Chapter XII of act Oct. 21, 1968, set out at 82 Stat. 1198, appropriated the funds referred to and 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. § 1202 (INDIANS)
§ 1202. Per capita shares; reversion to tribe; use of reverted funds
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 Sioux Tribe of the Fort Peck Reservation, Montana, to be expended for any purpose designated by the tribe and approved by the Secretary.
(Pub. L. 91–283, § 2, June 19, 1970, 84 Stat. 313.)
25 U.S.C. § 1203 (INDIANS)
§ 1203. 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. 91–283, § 3, June 19, 1970, 84 Stat. 313.)
25 U.S.C. § 1205 (INDIANS)
§ 1205. Amount of agreed contribution to joint account for expenditure for official salaries and expenses of Fort Peck Tribes; discretionary per capita distributions
Upon agreement by the Fort Peck Sioux Tribe and the Fort Peck Assiniboine Tribe on the amount each agrees to contribute from any award to each tribe in Indian Claims Commission Docket No. 279A, the agreed contribution of the Fort Peck Sioux Tribe shall be withdrawn from the $50,000, and interest thereon, withheld from per capita distribution pursuant to section 1201 of this title, and 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 Sioux 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 1201 of this title.
(Pub. L. 91–283, § 5, June 19, 1970, 84 Stat. 313.)
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. § 1211 (INDIANS)
§ 1211. Distribution of fund; authorized spending; tax exemption
The unexpended funds and interest thereon on deposit in the Treasury of the United States to the credit of and otherwise invested by the Secretary of the Interior for the account of the Tlingit and Haida Indians of Alaska which were appropriated by the Act of July 9, 1968 (82 Stat. 307), to pay the judgment of the Court of Claims in the case entitled. The Tlingit and Haida Indians of Alaska, et al. versus The United States, numbered 47900, after payment of attorney fees and expenses, may be advanced, expended, invested or used for any purpose and in any manner authorized by the Central Council of the Tlingit and Haida Indians of Alaska and approved by the Secretary of the Interior. Any of such funds that may be distributed under the provisions of this subchapter shall not be subject to Federal or State income taxes.
(Pub. L. 91–335, July 13, 1970, 84 Stat. 431.)
heading: References in Text
text: Act of July 9, 1968, referred to in text, is act July 9, 1968, Pub. L. 90–392, 82 Stat. 307, known as the Second Supplemental Appropriation Act, 1968. That portion of the act which appropriated the funds referred to was not classified to the Code.
The Court of Claims, referred to in text, and the Court of Customs and Patent Appeals were merged effective Oct. 1, 1982, into a new United States Court of Appeals for the Federal Circuit by Pub. L. 97–164, Apr. 2, 1982, 96 Stat. 25, which also created a United States Claims Court [now United States Court of Federal Claims] that inherited the trial jurisdiction of the Court of Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial Procedure.
25 U.S.C. § 1212 (INDIANS)
§ 1212. Findings
The Congress finds and declares that—
(1) the United States has acknowledged the Central Council of Tlingit and Haida Indian Tribes of Alaska pursuant to the Act of June 19, 1935 (49 Stat. 388, as amended, commonly referred to as the “Jurisdiction Act”), as a federally recognized Indian tribe;
(2) on October 21, 1993, the Secretary of the Interior published a list of federally recognized Indian tribes pursuant to part 83 of title 25 of the Code of Federal Regulations which omitted the Central Council of Tlingit and Haida Indian Tribes of Alaska;
(3) the Secretary does not have the authority to terminate the federally recognized status of an Indian tribe as determined by Congress;
(4) the Secretary may not administratively diminish the privileges and immunities of federally recognized Indian tribes without the consent of Congress; and
(5) the Central Council of Tlingit and Haida Indian Tribes of Alaska continues to be a federally recognized Indian tribe.
(Pub. L. 103–454, title II, § 202, Nov. 2, 1994, 108 Stat. 4792.)
heading: References in Text
text: Act of June 19, 1935, referred to in par. (1), is act June 19, 1935, ch. 275, 49 Stat. 388, as amended, which is not classified to the Code.
heading: Short Title
text: Pub. L. 103–454, title II, § 201, Nov. 2, 1994, 108 Stat. 4792, provided that: “This title [enacting this section and sections 1213 to 1215 of this title] may be cited as the ‘Tlingit and Haida Status Clarification Act’.”
25 U.S.C. § 1213 (INDIANS)
§ 1213. Reaffirmation of tribal status
The Congress reaffirms and acknowledges that the Central Council of Tlingit and Haida Indian Tribes of Alaska is a federally recognized Indian tribe.
(Pub. L. 103–454, title II, § 203, Nov. 2, 1994, 108 Stat. 4792.)
25 U.S.C. § 1214 (INDIANS)
§ 1214. Disclaimer
(a) In general
Nothing in sections 1212 to 1215 of this title shall be interpreted to diminish or interfere with the government-to-government relationship between the United States and other federally recognized Alaska Native tribes, nor to vest any power, authority, or jurisdiction in the Central Council of Tlingit and Haida Indian Tribes of Alaska over other federally recognized Alaska Native tribes.
(b) Constitution of Central Council of Tlingit and Haida Indian Tribes of Alaska
Nothing in sections 1212 to 1215 of this title shall be construed as codifying the Constitution of the Central Council of the Tlingit and Haida Indian Tribes of Alaska into Federal law.
(Pub. L. 103–454, title II, § 204, Nov. 2, 1994, 108 Stat. 4793.)
25 U.S.C. § 1215 (INDIANS)
§ 1215. Prohibition against duplicative services
Other federally recognized tribes in Southeast Alaska shall have precedence over the Central Council of Tlingit and Haida Indian Tribes of Alaska in the award of a Federal compact, contract or grant to the extent that their service population overlaps with that of the Central Council of Tlingit and Haida Indian Tribes of Alaska. In no event shall dually enrolled members result in duplication of Federal service funding.
(Pub. L. 103–454, title II, § 205, Nov. 2, 1994, 108 Stat. 4793; Pub. L. 104–109, § 10, Feb. 12, 1996, 110 Stat. 765.)
heading: Amendments
text: 1996—Pub. L. 104–109 substituted “Indian Tribes of Alaska.” for “Indian tribes of Alaska.”
25 U.S.C. § 1221 (INDIANS)
§ 1221. Membership roll
(a) Preparation; eligibility for enrollment
The Secretary of the Interior shall prepare a roll of all persons who meet the following requirements: (1) they were born on or prior to and were living on July 31, 1970; (2) their names or the name of a lineal ancestor from whom they claim eligibility appears on (a) the final roll of the Peoria Tribe of Indians of Oklahoma, pursuant to the Act of August 2, 1956 (70 Stat. 937) [25 U.S.C. 821 et seq.], or (b) the January 1, 1937, census of the Peoria Tribe, or (c) the 1920 census of the Peoria Tribe, or (d) the Indian or Citizen Class lists pursuant to the Treaty of February 23, 1867 (15 Stat. 520), or (e) the Schedule of Persons or Families composing the United Tribes of Weas, Piankashaws, Peorias, and Kaskaskias, annexed to the Treaty of May 30, 1854.
(b) Applications; finality of determination
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 by the Secretary of the Interior. The determination of the Secretary regarding the eligibility of an applicant shall be final.
(Pub. L. 91–364, § 1, July 31, 1970, 84 Stat. 688.)
heading: References in Text
text: Act of August 2, 1956, referred to in subsec. (a), is act Aug. 2, 1956, ch. 881, 70 Stat. 937, which was classified generally to subchapter XXXVI (§ 821 et seq.) of this title and was repealed by Pub. L. 95–281, § 1(b)(2), May 15, 1978, 92 Stat. 246.
25 U.S.C. § 1222 (INDIANS)
§ 1222. Disposition of funds: improvement and maintenance of Peoria Indian Cemetery; distribution of balance in equal shares
After the deduction of attorneys’ fees and expenses and the administrative costs involved in the preparation of the roll and the distribution of the individual shares, the remaining funds on deposit in the United States Treasury to the credit of the Peoria Tribe on behalf of the Wea Nation that were appropriated by the Acts of May 13, 1966 (80 Stat. 141, 150), and June 19, 1968 (82 Stat. 239), in satisfaction of judgments that were obtained by the Peoria Tribe on behalf of the Wea Nation in Indian Claims Commission dockets numbered 314, amended, and 314–E, respectively, and the funds to the credit of the Peoria Tribe of Oklahoma on behalf of the Wea, Piankashaw, Peoria, and Kaskaskia Nations that were appropriated by the Act of July 22, 1969 (83 Stat. 49, 62), in satisfaction of a judgment in docket numbered 65, shall be disposed of in the following manner: The Secretary shall pay $3,000 of such funds to the Peoria Tribe of Oklahoma for improvement and maintenance of the Peoria Indian Cemetery located approximately ten miles northeast of Miami, Oklahoma, and shall distribute the balance of such funds in equal shares to those persons whose names appear on the roll prepared pursuant to section 1221 of this title.
(Pub. L. 91–364, § 2, July 31, 1970, 84 Stat. 688.)
heading: References in Text
text: Act of May 13, 1966, referred to in text, is act May 13, 1966, Pub. L. 89–426, 80 Stat. 141, known as the Second Supplemental Appropriation Act, 1966. Chapter XI of the act set out at 80 Stat. 150, appropriated the funds referred to and was not classified to the Code.
Act of June 19, 1968, referred to in text, is act June 19, 1968, Pub. L. 90–352, 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.
Act of July 22, 1969, referred to in text, is act July 22, 1969, Pub. L. 91–47, 83 Stat. 49, known as the Second Supplemental Appropriation Act, 1969. Chapter XIII of the act set out at 83 Stat. 62, appropriated the funds referred to and was not classified to the Code.
25 U.S.C. § 1223 (INDIANS)
§ 1223. Distribution of shares
(a) Payments to enrollees, next of kin, or legatees
Except as provided is 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 per capita share of a deceased enrollee directly 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.
(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 such procedures, including the establishment of trusts, as the Secretary determines will adequately protect the best interest of such person.
(Pub. L. 91–364, § 3, July 31, 1970, 84 Stat. 688.)
25 U.S.C. § 1224 (INDIANS)
§ 1224. Subsequent judgment funds; distribution; preparation of current membership roll
Funds that may hereafter be deposited in the United States Treasury to the credit of the Peoria Tribe on behalf of the Wea, Kaskaskia, Piankashaw, or Peoria Nation, to pay any judgment arising out of proceedings presently pending before the Indian Claims Commission in dockets numbered 99, 289, 313, 314–A, B, C, and D, and 338 and the interest accrued thereon, after payment of attorneys’ fees and expenses and all costs incident to bringing the roll current as provided is 1 this section and distributing the shares, shall be distributed on a per capita basis in accordance with section 1223 of this title to persons whose names appear on the roll prepared under section 1221 of this title, after the roll has been brought current to the date the funds are appropriated by adding names of persons to the roll who were born after July 31, 1970, but on or prior to and living on the date the funds are appropriated, and by deleting names of enrollees who died between July 31, 1970, and the date the funds are appropriated.
(Pub. L. 91–364, § 4, July 31, 1970, 84 Stat. 688.)
heading: References in Text
text: The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title.
25 U.S.C. § 1226 (INDIANS)
§ 1226. Shares not distributed within two years; unexpended funds; reversion; bar of claims
Any per capita share, whether payable to a living enrollee or to the heirs or legatees of a deceased enrollee, which the Secretary of the Interior is unable to deliver within two years after the date the check is issued, and all unexpended tribal and judgment funds set aside for tribal roll preparation and distribution, shall revert to the Peoria Tribe, and all claims for such per capita shall thereafter be barred forever.
(Pub. L. 91–364, § 6, July 31, 1970, 84 Stat. 689.)
25 U.S.C. § 1231 (INDIANS)
§ 1231. Persons eligible for equal share payments
The funds on deposit in the Treasury of the United States to the credit of the Chemehuevi Tribe of Indians which were appropriated (by the Act entitled “An Act making supplemental appropriations for the fiscal year ending June 30, 1965, and for other purposes”, approved April 30, 1965 (79 Stat. 81)), to pay the judgment awarded by the Indian Claims Commission (dockets numbered 351 and 351–A), together with interest thereon, shall be distributed by the Secretary of the Interior (hereafter in this subchapter referred to as “Secretary”) in equal shares to those persons whose names appear on the roll prepared in accordance with section 1232 of this title.
(Pub. L. 91–417, § 1, Sept. 25, 1970, 84 Stat. 868.)
heading: References in Text
text: The Act entitled “An Act making supplemental appropriations for the fiscal year ending June 30, 1965, and for other purposes”, approved April 30, 1965 (79 Stat. 81), referred to in text, is Pub. L. 89–16, Apr. 30, 1965, 79 Stat. 81. 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. § 1232 (INDIANS)
§ 1232. Enrollment
(a) Preparation of roll; applications; finality of determination
(1) The Secretary shall prepare a roll of all persons—
(A) who were born on or prior to and living on September 25, 1970;
(B) who are lineal descendants of members of the Chemehuevi Tribe as it existed in 1860; and
(C) whose name or the name of a lineal ancestor appears as a Chemehuevi Indian on any available census roll or other record or evidence acceptable to the Secretary.
(2) Applications for enrollment must be filed in the manner and within the time limits prescribed by the Secretary for that purpose. The determination of the Secretary regarding the utilization of available rolls or records and the eligibility for enrollment of an applicant shall be final.
(b) Dual awards
Any person who has applied for and has been determined as eligible to share in the awards granted by the Indian Claims Commission in dockets numbered 88, 330, and 330–A, to the Southern Paiute Indian Nation or in dockets numbered 31, 37, 80, 80–D, 176, 215, 333, and 347, to “Certain Indians of California” shall not be entitled to share in the awards granted under this subchapter.
(Pub. L. 91–417, § 2, Sept. 25, 1970, 84 Stat. 868.)
heading: References in Text
text: The Indian Claims Commission, referred to in subsec. (b), terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title.
25 U.S.C. § 1233 (INDIANS)
§ 1233. Payments to enrollees; per capita shares to heirs or legatees; trusts and other procedures for protection of minors and persons under legal disability
The Secretary shall distribute a share payable to a living enrollee directly to such enrollee. The Secretary 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. 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 determines to be appropriate to protect their best interests.
(Pub. L. 91–417, § 3, Sept. 25, 1970, 84 Stat. 868.)
25 U.S.C. § 1235 (INDIANS)
§ 1235. Identity of eligibility roll and membership roll
The roll prepared by the Secretary of the Interior pursuant to this subchapter shall not be deemed to constitute the membership roll of the Chemehuevi Tribe.
(Pub. L. 91–417, § 5, Sept. 25, 1970, 84 Stat. 868.)
25 U.S.C. § 1241 (INDIANS)
§ 1241. Distribution of funds; attorney fees and expenses
The funds appropriated by the Act of June 9, 1964 (78 Stat. 204, 213), to pay a judgment to the Pembina Band of Chippewa Indians in Indian Claims Commission dockets numbered 18–A, 113, and 191, together with the interest thereon, after payment of attorney fees and litigation expenses, and such expenses as may be necessary in carrying out the provisions of this subchapter, shall be distributed as provided herein.
(Pub. L. 92–59, § 1, July 29, 1971, 85 Stat. 158.)
heading: References in Text
text: Act of June 9, 1964, referred to in text, is act June 9, 1964, Pub. L. 88–317, 78 Stat. 204, known as the Deficiency Appropriation Act, 1964. Chapter XI of the act set out at 78 Stat. 213, appropriated the funds referred to and 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. § 1242 (INDIANS)
§ 1242. Membership rolls; preparation; eligibility; excluded persons
The Secretary of the Interior shall prepare a roll of all persons born on or prior to and living on July 29, 1971, who are lineal descendants of members of the Pembina Band as it was constituted in 1863, except that persons in the following categories shall not be so enrolled:
a. those who are not citizens of the United States;
b. those who are members of the Red Lake Band of Chippewa Indians; and
c. those who participated in the Mississippi, Pillager, and Lake Winnibigoshish Chippewa Band awards under the provisions of sections 594 and 594a of this title.
(Pub. L. 92–59, § 2, July 29, 1971, 85 Stat. 158.)
25 U.S.C. § 1243 (INDIANS)
§ 1243. Enrollment applications; filing; finality of determination
Applications for enrollment shall be filed with the Area Director, Bureau of Indian Affairs, Aberdeen, South Dakota, in the manner and within the time limits prescribed for that purpose. The determination of the Secretary of the Interior regarding the utilization of available rolls and records and the eligibility for enrollment of an applicant shall be final.
(Pub. L. 92–59, § 3, July 29, 1971, 85 Stat. 158.)
25 U.S.C. § 1244 (INDIANS)
§ 1244. Apportionment of funds; members and descend­ants of Minnesota Chippewa Tribe, the Turtle Mountain Band of Chippewas of North Dakota, the Chippewa-Cree Tribe of Montana
In developing the roll of Pembina descendants, the Secretary of the Interior shall determine which enrollees are members of the Minnesota Chippewa Tribe, the Turtle Mountain Band of Chippewas of North Dakota, or the Chippewa-Cree Tribe of Montana, and subsequent to the establishment of the descendancy roll shall apportion funds to the three cited tribes on the basis of the numbers of descendants having membership with these tribes. Fund not apportioned in this manner shall be distributed in equal shares to those enrolled descendants who are not members of the three cited tribes.
(Pub. L. 92–59, § 4, July 29, 1971, 85 Stat. 158.)