A bill to provide for the use and disposition of Miami Indians judgment funds in Dockets 124-b and 254 before the United States Court of Claims, and for other purposes.
PL 97-376 (H.R.5553), enacted 12/21/1982

96 STAT. 1828 
PUBLIC LAW 97-376—DEC. 21, 1982 
Public Law 97-376 
97th Congress 
Dec. 21, 1982 
[H.R. 5553] 
Indians. 
Miami Tribe of 
Oklahoma and 
Indiana. 
Judgment funds, 
distribution. 
Ancestry roll. 
An Act 
To provide for the use and disposition of Miami Indians judgment funds in dockets 
124-B and 254 before the United States Court of Claims, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the funds 
appropriated on July 27, 1979, in satisfaction of the award in favor 
of the Miami Tribe of Oklahoma and the Miami Indians of Indiana 
in dockets 124-B and 254 before the United States Court of Claims, 
including all interest and investment income accrued, less attorney 
fees and litigation expenses, shall be used and distributed as herein 
provided. 
SEC. 2. The Secretary of the Interior (hereinafter "Secretary") 
shall divide the judgment funds in dockets 124-B and 254, together 
with the interest and investment income accruing thereon, between 
the two beneficiary groups, on the basis of the number of enrollees 
of each group as designated on the 1972 Miami Indians of Oklahoma 
and Indiana payment roll, prepared pursuant to the Act of June 2, 
1972 (86 Stat. 199), with 1398/5,080ths to the tribal organization, the 
Miami Tribe of Oklahoma, and 3682/5,080ths to the descendant 
group which consists of the Miami Indians of Indiana and other 
Miami descendants. 
SEC. 3. For purposes of determining the number of lineal descend-
ants of the Miami Indians of Indiana and-other Miami descendants 
entitled to participate in such funds apportioned to the descendant 
group, the Secretary shall prepare a roll of all persons of Miami 
Indian ancestry who meet the following requirements for eligibility: 
(a) They were born on or prior to, and living on, the date of this 
Act. 
(b) Their name or the name of an ancestor from whom they claim 
eligibility appears on the roll of Miami Indians of Indiana of June 
12, 1895, or the roll of "Miami Indians of Indiana, now living in 
Kansas, Quapaw Agency, I.T., and Oklahoma Territory", prepared 
and completed pursuant to the Act of March 2,1895 (28 Stat. 903), or 
the roll of the Eel River Miami Tribe of Indians of May 27, 1889, 
prepared and completed pursuant to the Act of June 29, 1888 (25 
Stat. 223), or the roll of the Western Miami Tribe of Indians of June 
12, 1891 (26 Stat. 1001). No person whose name appears on the 
current tribal roll of the Miami Tribe of Oklahoma shall be eligible 
to be enrolled under this section. Applications for enrollment must 
be filed with the area director of the Bureau of Indian Affairs, 
Muskogee, Oklahoma, on forms prescribed for that purpose. The 
determination of the Secretary regarding the eligibility of an appli-
cant shall be final. 
SEC. 4. On completion of the roll by the Secretary, as provided 
under section 3 of this Act, the funds apportioned to the descendant 
group, including the interest and investment income accruing 
thereon, shall be distributed equally to the individuals enrolled. 
PUBLIC LAW 97-376—DEC. 21, 1982 
96 STAT. 1829 
SEC. 5. (a) Of the apportioned share belonging to the Miami Tribe 
of Oklahoma, no more than 80 per centum of such funds, including 
the interest and investment income accruing thereon, shall be 
distributed on a per capita basis in amounts as equal as possible to 
all enrolled members. For purposes of determining the number of 
enroUees of the tribal organization, the membership roll shall be 
brought current pursuant to tribal enrollment procedures, to 
include all persons born on or prior to and living on the date of this 
Act. 
(b) The remaining 20 per centum of such funds, including the 
interest and investment income accruing thereon, shall be held and 
invested by the Secretary pursuant to the Act of June 24, 1938 (52 
Stat. 1037; 25 U.S.C. 162a), or invested by the tribe, in a private trust 
arrangement as approved by the Secretary, and such funds shall be 
expended by the tribe in accordance with tribal plans and budgets 
approved by the Secretary, where the investments are handled by 
the Secretary, or in accordance with the provisions of the private 
trust agreement. 
SEC. 6. The per capita shares of living competent adults shall be 
paid directly to them. Per capita shares of deceased individual 
beneficiaries shall be determined and distributed pursuant to regu-
lations prescribed by the Secretary. Per capita shares of legal 
incompetents and per capita shares of individuals under age 
eighteen shall be paid in accordance with such procedures, including 
the establishment of trusts, as the Secretary determines to be 
necessary to protect the interests of such individuals. 
SEC. 7. The funds distributed per capita or made available for 
programing under this Act shall not be subject to Federal or State 
income taxes nor shall such funds be considered as income or 
resources in determining either eligibility for or the amount of 
assistance under the Social Security Act. 
SEC. 8. The Secretary of the Interior is authorized to prescribe 
rules and regulations to carry out the provisions of this Act; includ-
ing the establishment of deadlines. 
Approved December 21, 1982. 
Per capita 
payments. 
Tax exemption. 
42 u s e 1305. 
Rules and 
regulations. 
LEGISLATIVE HISTORY—H.R. 5553: 
HOUSE REPORT No. 97-815 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Sept. 29, considered and passed House. 
Dec. 8, considered and passed Senate.