dreamproit/uscode huggingface dataset:
25 U.S.C. § 941h (INDIANS)
§ 941h. Administrative provisions relating to jurisdiction, taxation, and other matters
In the administration of this subchapter:
(1) All matters involving tribal powers, immunities, and jurisdiction, whether criminal, civil, or regulatory, shall be governed by the terms and provisions of the Settlement Agreement and the State Act, unless otherwise provided in this subchapter.
(2) All matters pertaining to governance and regulation of the reservation (including environmental regulation and riparian rights) shall be governed by the terms and provisions of the Settlement Agreement and the State Act, including, but not limited to, section 17 of the Settlement Agreement and section 27–16–120 of the State Act, unless otherwise provided in this subchapter.
(3) The Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) shall apply to Catawba Indian children except as provided in the Settlement Agreement.
(4) Whether or not the Tribe, under section 941g(a) of this title, elects to organize under the Act of June 18, 1934 [25 U.S.C. 461 et seq.], the Tribe, in any constitution adopted by the Tribe, may be authorized to exercise such authority as is consistent with the Settlement Agreement and the State Act.
(5) In no event may the Tribe pledge or hypothecate the income or principal of the Catawba Education or Social Services and Elderly Trust Funds or otherwise use them as security or a source of payment for bonds the Tribe may issue.
(6) The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall apply to the Tribe except to the extent that such application may be inconsistent with this subchapter or the Settlement Agreement.
(Pub. L. 103–116, § 10, Oct. 27, 1993, 107 Stat. 1126.)
heading: References in Text
text: The Indian Child Welfare Act of 1978, referred to in par. (3), is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, as amended, which is classified principally to chapter 21 (§ 1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
Act of June 18, 1934, referred to in par. (4), is act June 18, 1934, ch. 576, 48 Stat. 984, as amended, popularly known as the Indian Reorganization Act, 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.
The Indian Self-Determination and Education Assistance Act, referred to in par. (6), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§ 450 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables.
25 U.S.C. § 941k (INDIANS)
§ 941k. Non-Reservation properties
(a) Acquisition of non-Reservation properties
The Tribe may draw upon the corpus or accumulated income of the Catawba Land Acquisition Trust Fund or the Catawba Economic Development Trust Fund to acquire and hold parcels of real estate outside the Reservation for the purposes and in the manner delineated in the Settlement Agreement. Jurisdiction and status of all non-Reservation lands shall be governed by section 15 of the Settlement Agreement.
(b) Authority to dispose of lands
Notwithstanding any other provision of law, the Tribe may lease, sell, mortgage, restrict, encumber, or otherwise dispose of such non-Reservation lands in the same manner as other persons and entities under State law, and the Tribe as land owner shall be subject to the same obligations and responsibilities as other persons and entities under State, Federal, and local law.
(c) Restrictions
Ownership and transfer of non-Reservation parcels shall not be subject to Federal law restrictions on alienation, including (but not limited to) the restrictions imposed by Federal common law and the provisions of section 177 of this title.
(Pub. L. 103–116, § 13, Oct. 27, 1993, 107 Stat. 1136.)
25 U.S.C. § 941l (INDIANS)
§ 941l. Games of chance
(a) Inapplicability of Indian Gaming Regulatory Act
The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not apply to the Tribe.
(b) Games of chance generally
The Tribe shall have the rights and responsibilities set forth in the Settlement Agreement and the State Act with respect to the conduct of games of chance. Except as specifically set forth in the Settlement Agreement and the State Act, all laws, ordinances, and regulations of the State, and its political subdivisions, shall govern the regulation of gambling devices and the conduct of gambling or wagering by the Tribe on and off the Reservation.
(Pub. L. 103–116, § 14, Oct. 27, 1993, 107 Stat. 1136.)
heading: References in Text
text: The Indian Gaming Regulatory Act, referred to in subsec. (a), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, as amended, which is classified principally to chapter 29 (§ 2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
25 U.S.C. § 941n (INDIANS)
§ 941n. Tax treatment of income and transactions
Notwithstanding any provision of the State Act, the Settlement Agreement, or this subchapter (including any amendment made under section 941m(f) of this title), nothing in this subchapter, the State Act, or the Settlement Agreement—
(1) shall amend or alter title 26, as amended, or any rules or regulations promulgated thereunder, or
(2) shall affect the treatment under title 26 of any person or transaction other than by reason of the restoration of the trust relationship between the United States and the Tribe.
(Pub. L. 103–116, § 16, Oct. 27, 1993, 107 Stat. 1137.)
25 U.S.C. § 952 (INDIANS)
§ 952. Members entitled to allotment; prohibition against further allotments
Any member of the Agua Caliente Band (hereinafter called the “band”) who is living on September 21, 1959, and who has not received an allotment of land shall be given an allotment in accordance with the provisions of law existing prior to this Act. No further allotments of land shall thereafter be made to any other or future born members of the band, or to their heirs or devisees, except for the purpose of equalization. This prohibition against further allotments shall not be construed as a closing of the band’s membership rolls.
(Pub. L. 86–339, § 2, Sept. 21, 1959, 73 Stat. 602.)
heading: References in Text
text: The words “prior to this Act”, referred to in text, mean prior to enactment of Act Sept. 21, 1959, Pub. L. 86–339.
25 U.S.C. § 955 (INDIANS)
§ 955. Tax exemption
(a) The right to an equalization allotment or to a cash payment in lieu thereof pursuant to section 953(d) of this title, shall be transferable by will or descent in the same manner as are trust payments under existing law and shall not be subject to State or Federal inheritance, estate, legacy, or succession taxes.
(b) A cash payment made in lieu of an equalization allotment pursuant to section 953(d) of this title shall not be regarded as income or capital gain for purposes of Federal or State income taxation and shall not, as long as it remains in the form of cash or a bank deposit in the ownership of the allottee, be subject to taxation as personal property. A payment and the income derived therefrom heretofore or hereafter made to an allottee as compensation for the acquisition of part or all of the allottee’s allotment for a public purpose is—
(1) deemed a cash payment in lieu of an allotment for purposes of this subsection;
(2) deemed a right under subsection (a) of this section; and
(3) subject to sections 409a and 410 of this title.
(Pub. L. 86–339, § 5, Sept. 21, 1959, 73 Stat. 604; Pub. L. 100–581, title II, § 216, Nov. 1, 1988, 102 Stat. 2941.)
heading: Amendments
text: 1988—Subsec. (b). Pub. L. 100–581 inserted sentence at end relating to payment and income derived therefrom made as compensation for acquisition of part of all of allottee’s allotment for public purpose.
25 U.S.C. § 956 (INDIANS)
§ 956. Claims against allotments
(a) Assignment, sale, hypothecation, attachment or levy void unless approved
Equalization allotments made pursuant to this subchapter shall not be subject to assignment, sale, or hypothecation or to any attachment or levy for claims or debts created before or after September 21, 1959, without the written approval of the Secretary, and any such assignment, sale, hypothecation, attachment, or levy that has not been so approved by the Secretary shall be absolutely null and void.
(b) Liens and lis pendens; legal services
No equalization allotment made pursuant to this subchapter, and no basic allotment made prior to this Act, shall be subject to an equitable charging lien or other charge or lien or enforced sale for any advantage or benefit which the allottee has received or will receive under or as a consequence of enactment of this subchapter, nor shall any lis pendens heretofore or hereafter filed upon such lands while in a restricted status be of any effect or constitute notice of any action. Whoever directly or indirectly accepts or receives any money or other form of compensation for legal services in connection with such restricted lands from any person who has not expressly employed him as his attorney shall be liable, in a civil action brought by the payor or his heirs or devisees or by the United States on his behalf, for twice the amount so accepted or received unless, prior to the time of acceptance or receipt of said compensation, the right to such compensation has been determined and the amount thereof fixed by a formal order of the Federal court having jurisdiction to make such order. Nothing herein provided shall be construed to prevent any attorney from petitioning the Federal court having jurisdiction to fix and determine the fees to which he is entitled and to pursue and enforce payment thereof in any lawful manner after the court has made such order.
(Pub. L. 86–339, § 6, Sept. 21, 1959, 73 Stat. 604.)
heading: References in Text
text: The words “prior to this Act”, referred to in subsec. (b), mean prior to enactment of Act Sept. 21, 1959, Pub. L. 86–339.
25 U.S.C. § 957 (INDIANS)
§ 957. Allotments deemed full equalization
Allotments in accordance with the provisions of this subchapter shall be deemed complete and full equalization of allotments on the Agua Caliente Reservation.
(Pub. L. 86–339, § 7, Sept. 21, 1959, 73 Stat. 605.)
25 U.S.C. § 958 (INDIANS)
§ 958. Organization and transfer of title to legal entity
The band may, at any time it wishes to do so, organize a legal entity under the laws of the State of California and request the Secretary to transfer to such legal entity title to the lands in the reserves established by section 953(b) of this title. The Secretary shall transfer an unrestricted title to such property if the organization of the legal entity and request for the transfer have been approved by a majority of the adult members of the band who are eligible to vote, and if in the judgment of the Secretary the legal entity is organized in a form and manner that is fair to all members of the band: Provided, however, That if the lands to which the proviso to the fourth item in section 953(b) of this title is applicable are transferred to such an entity, they shall be held by it subject to the terms provided in said proviso, and the rights and duties therein set forth shall be preserved and reflected in any distribution of securities of, or other evidences of participation in, said entity.
(Pub. L. 86–339, § 8, Sept. 21, 1959, 73 Stat. 605.)
25 U.S.C. § 961 (INDIANS)
§ 961. Membership roll; preparation; eligibility for enrollment; applications for enrollment; protests; finality of determination
The Secretary of the Interior is authorized and directed, pursuant to such regulations as may be issued by him, to prepare a roll of Omaha Indians whose names appear on the Omaha allotment rolls finally approved pursuant to the Acts of Congress of August 7, 1882, (22 Stat. 341) and March 3, 1893 (27 Stat. 612), and who are living on September 14, 1961, and the descendants of such allottees who are born and living on September 14, 1961 and who possess Omaha blood of the degree of one-fourth or more regardless of whether such allottees are living or deceased: Provided, That no person who is enrolled with any other tribe of Indians or who has received an allotment of land on any other reservation shall be enrolled under the provisions of this subchapter unless the application for enrollment by such person is approved by a two-thirds vote of the governing body of the Omaha Tribe of Nebraska. Applications for enrollment must be filed with the area director of the Bureau of Indian Affairs, Aberdeen, South Dakota, within four months after September 14, 1961. For a period of three months thereafter, the Secretary shall permit the examination of the applications by the governing body of the Omaha Tribe of Nebraska 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. 87–235, § 1, Sept. 14, 1961, 75 Stat. 508.)
heading: References in Text
text: Acts of Congress of August 7, 1882, and March 3, 1893, referred to in text, are acts Aug. 7, 1882, ch. 434, 22 Stat. 341, and Mar. 3, 1893, ch. 209, 27 Stat. 612, respectively, which were not classified to the Code.
25 U.S.C. § 962 (INDIANS)
§ 962. Membership roll; enrollment of children born after September 14, 1961
The roll prepared pursuant to section 961 of this title shall constitute the membership roll of the Omaha Tribe of Nebraska as of September 14, 1961, notwithstanding the provisions of article II, section 1 of the tribal constitution, and children who are born after September 14, 1961, may be enrolled if they meet the requirements of section 1(b) of article II of the tribal constitution, applicable to children born after the date that amendment I to said constitution was approved, or any amendment thereof.
(Pub. L. 87–235, § 2, Sept. 14, 1961, 75 Stat. 508.)
25 U.S.C. § 963 (INDIANS)
§ 963. Per capita distributions to tribal members; attorneys’ fees and expenses; advances or expenditures from tribal funds; tax exemption
Of the funds on deposit in the Treasury of the United States to the credit of the Omaha Tribe of Nebraska that were appropriated to pay a judgment by the Indian Claims Commission dated February 11, 1960, and the interest thereon, after payment of attorneys’ fees and expenses, the Secretary of the Interior shall make a per capita distribution of a sum up to a maximum of $750, to the extent available, to each person whose name appears on the roll prepared pursuant to section 961 of this title; and the balance of such funds after making payment of or provision for such per capita distribution and accrued and accruing interest, if any, may be advanced or expended for any purpose that is authorized by the tribal governing body and approved in writing by the Secretary. The funds so distributed shall not be subject to Federal or State income taxes.
(Pub. L. 87–235, § 3, Sept. 14, 1961, 75 Stat. 508.)
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. § 964 (INDIANS)
§ 964. 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 per capita share payable to a living enrollee directly to such enrollee, and the Secretary shall distribute a per capita 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 a legal disability shall be paid in accordance with such procedures as the Secretary determines will adequately protect the best interests of such persons.
(Pub. L. 87–235, § 4, Sept. 14, 1961, 75 Stat. 508.)
25 U.S.C. § 965 (INDIANS)
§ 965. Payments not subject to liens, debts, or claims; exception
No part of any of the funds which may be so distributed shall be subject to any lien, debt, or claim of any nature whatsoever against the tribe or individual Indians except delinquent debts owed by the tribe to the United States or owed by individual Indians to the tribe or to the United States.
(Pub. L. 87–235, § 5, Sept. 14, 1961, 75 Stat. 509.)
25 U.S.C. § 966 (INDIANS)
§ 966. Costs
All costs incurred by the Secretary in the preparation of the roll and in the payment of the per capita shares in accordance with provisions of this subchapter shall be paid by appropriate withdrawals from the judgment fund.
(Pub. L. 87–235, § 6, Sept. 14, 1961, 75 Stat. 509.)
25 U.S.C. § 967a (INDIANS)
§ 967a. Per capita payments to enrolled tribal members; use of balance of funds
From the funds on deposit in the Treasury of the United States to the credit of the Omaha Tribe of Nebraska that were appropriated by the Act of June 9, 1964, to pay a judgment obtained by the tribe in Indian Claims Commission docket numbered 138, after deduction of attorney fees, litigation expenses, and such sums as may be required to distribute individual shares, the Secretary of the Interior shall make a per capita distribution of no more than $270 to each person living on November 2, 1966, whose name appears on the roll of the tribe prepared pursuant to section 961 of this title, and to each child living on November 2, 1966, who was born after September 14, 1961, and who possesses aboriginal Omaha blood of the degree of one-fourth or more except for any such child who is enrolled with any other tribe of Indians. The balance of such funds, and the interest thereon, may be advanced or expended for any purpose that is authorized by the tribal governing body and approved by the Secretary. The amount of $150,000 of said funds and any interest thereon shall not be distributed, advanced or expended until said $150,000 and any interest thereon becomes available for disbursement pursuant to the terms of the final judgment dated April 14, 1964, by the Indian Claims Commission in docket numbered 138.
(Pub. L. 89–717, § 1, Nov. 2, 1966, 80 Stat. 1114.)
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. 87–235, Sept. 14, 1961, 75 Stat. 508, which comprises this subchapter.
25 U.S.C. § 967b (INDIANS)
§ 967b. Payments to minors and persons under legal disability; shares under certain amount to revert to tribe
Sums payable to persons or to 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 as the Secretary, after consultation with the tribal governing body, determines will adequately protect their best interests. Proportional shares of heirs or legatees amounting to $5 or less shall not be distributed and such amounts shall escheat to the Omaha Tribe of Nebraska.
(Pub. L. 89–717, § 2, Nov. 2, 1966, 80 Stat. 1115.)
heading: Codification
text: Section was not enacted as part of Pub. L. 87–235, Sept. 14, 1961, 75 Stat. 508, which comprises this subchapter.
25 U.S.C. § 967c (INDIANS)
§ 967c. Tax exemption
The funds distributed under the provisions of sections 967a to 967d of this title shall not be subject to Federal or State income taxes.
(Pub. L. 89–717, § 3, Nov. 2, 1966, 80 Stat. 1115.)
heading: Codification
text: Section was not enacted as part of Pub. L. 87–235, Sept. 14, 1961, 75 Stat. 508, which comprises this subchapter.
25 U.S.C. § 967d (INDIANS)
§ 967d. Rules and regulations
The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of sections 967a to 967d of this title.
(Pub. L. 89–717, § 4, Nov. 2, 1966, 80 Stat. 1115.)
heading: Codification
text: Section was not enacted as part of Pub. L. 87–235, Sept. 14, 1961, 75 Stat. 508, which comprises this subchapter.
25 U.S.C. § 971 (INDIANS)
§ 971. Membership roll; preparation; eligibility for enrollment; protests against inclusion or omission from roll; finality of determination; publication of roll; publication of notice of agreement to division of assets; finality of roll
The Secretary of the Interior shall, with the advice and assistance of the Ponca Tribe of Native Americans of Nebraska and pursuant to such regulations as he may prescribe, prepare a roll of the members of the tribe and record thereon persons whose names appeared on the census roll of April 1, 1934, and the supplement thereto of January 1, 1935, and their descendants of not less than one-quarter degree Indian blood of the Ponca Tribe, regardless of place of residence, who are living on September 5, 1962. He shall provide a reasonable opportunity for any person to protest against the inclusion or omission of any name on or from the roll and his decision on such protests shall be final and conclusive. After all protests are disposed of, the roll shall be published in the Federal Register. The Secretary shall thereupon give the adult members of the tribe whose names appear on the roll an opportunity to indicate their agreement or disagreement with a division of tribal assets in accordance with the provisions of this subchapter. If a majority of those indicating agreement or disagreement are favorable to such division, the Secretary shall publish in the Federal Register a notice of the fact and the roll prepared by him shall thereupon become final and sections 972 to 980 of this title shall become effective.
(Pub. L. 87–629, § 1, Sept. 5, 1962, 76 Stat. 429.)
25 U.S.C. § 972 (INDIANS)
§ 972. Personal property rights; restrictions
Each member whose name appears on the final roll of the tribe as published in the Federal Register shall be entitled to receive in accordance with the provisions of this subchapter an equal share of the tribe’s assets that are held in trust by the United States. This right shall constitute personal property which may be inherited or bequeathed, but it shall not otherwise be subject to alienation or encumbrance.
(Pub. L. 87–629, § 2, Sept. 5, 1962, 76 Stat. 429.)