A bill to provide for the distribution of certain funds appropriated to pay judgments in favor of the Delaware Tribe of Indians and the Absentee Delaware Tribe of Western Oklahoma in Indian Claims Commission dockets 27-A and 241, 289, and 27-B and 338, and for other purposes.
PL 96-318 (S.1466), enacted 08/01/1980

94 STAT. 968 
PUBLIC LAW 96-318—AUG. 1, 1980 
Public Law 96-318 
96th Congress 
Aug. 1, 1980 
[S. 1466] 
Delaware Tribe 
of Indians; 
judgment 
funds, 
distribution 
25 use 1401. 
25 use 1291. 
Separate fund. 
Attorneys' fees. 
An Act 
To provide for the distribution of certain funds appropriated to pay judgments in 
favor of the Delaware Tribe of Indians and the absentee Delaware Tribe of 
Western Oklahoma in Indian Claims Commission dockets 27-A and 241, 289, and 
27-B £md 338, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled. That, notwithstand-
ing any provision of the Act of October 19,1973 (87 Stat. 466), or any 
other law, or any regulation or plan promulgated pursuant thereto, 
the funds appropriated by the Act of December 15,1971 (85 Stat. 627) 
for the award in docket 289; by the Act of March 21,1972 (86 Stat. 86) 
for the award in dockets 27-A and 241; by the Act of March 7,1978 (92 
Stat. 107) for the award in dockets 27-B and 338; on October 31,1978, 
in accordance with section 1302 of the Act of July 27,1956 (70 Stat. 
694), as amended (31 U.S.C. 724a), for the award in dockets 27-E and 
202; and on August 6,1979, in accordance with section 1302 of such 
Act of July 27,1956, for the award in docket 27; including all interest 
and investment income accrued thereon, less attorney fees and 
litigation expenses incurred in connection with such awards, shall be 
used and distributed as provided in this Act. 
SEC. 2. The Secretary of the Interior (hereinafter the "Secretarsr") 
shall prepare a roll of all persons who were bom on or prior to 
October 3,1972, and who are living on the date of the enactment of 
this Act who are citizens of the United States and who are descended 
from a lineal ancestor whose name appears on the "Registry" filed in 
the Office of the Commissioner of Indian Affairs pursuant to article 9 
of the treaty with the Delaware Indians of July 4,1866 (14 Stat. 793) 
or who are descended from a lineal ancestor whose name appears on 
the "Register" prepared pursuant to the agreement dated April 8, 
1867, between the Delaware Tribe of Indians and the Cherokee 
Nation. No person shall be eligible for enrollment under this section 
who was paid, or was eligible to be paid, pursuant to the Act of 
October 3,1972 (82 Stat. 762). 
SEC. 3. (a) Upon completion of the roll provided for in section 2 of 
this Act, the Secretary shall segregate and establish a separate fund 
from the funds described in the first section of this Act. Such separate 
fund shall be in an amount equal to $1,488.22 multiplied by the 
number of persons whose names appear on the roll prepared in 
accordance with section 2 of this Act: Provided, That seiid separate 
fund shall not in any event exceed the msiximum amount of 
$1,488,220 regardless of 
the number of such enroUees. 
(b) ITie Secretary shall pay 10 per centum of 
the fund esteblished by 
subsection (a) of this section to the Kansas Delaware Tribe of Indians, 
Incorporated, and to the Delawares of Idaho, Incorporated, in a ratio 
proportionate to their respective number of members enrolled under 
section 2 of this Act, for the sole purpose of enabling such corpora-
tions to pay attorneys' fees for the representation of such members in 
connection with their efforts to achieve participation in the distribu-
tion of 
funds under the Act of October 3,1972, and in addition thereto. 
PUBLIC LAW 96-318—AUG. 1, 1980 
94 STAT. 969 
shall pay to such corporations from the fund established by subsec-
tion (a) of this section all expenses in connection therewith which the 
Secretary finds to be reasonable. 
(c) After payments made pursuant to subsection (b) of this section, 
the Secretary shall distribute the balance of the separate fund 
established pursuant to subsection (a) of this section on a per capita 
basis to those who have been enrolled by the Secretary under section 
2 of 
this Act. 
SEC. 4. After the establishment of the separate fund prescribed in 
section 3(a) of this Act, 17 per centum of all of the then remaining 
funds described in the first section of this Act shall be apportioned by 
the Secretary to the Delaware Tribe of Western Oklahoma. The 
Secretary shall prepare a roll of all persons born on or before, and 
living on, the date of the enactment of this Act who are citizens of the 
United States and whose names appear on the membership roll of the 
Delaware Tribe of Western Oklahoma, brought current as of the date 
of the enactment of 
this Act. No more than 60 per centum of 
the funds 
apportioned to the Delaware Tribe of Western Oklahoma shall be 
distributed on a per capita basis, in amounts as equal as possible, to 
all tribgd members enrolled in accordance with this section. No less 
than 40 per centum of said funds, including any amounts remaining 
from the aforementioned per capita distribution, shall be invested by 
the Secretary for tribal social and economic programing purposes, 
including periodic dividend payments: Provided, That the voting 
membership of the tribe may elect to designate more than 40 per 
centum of the total funds apportioned to the tribe for such program-
ing purposes. Said programing funds, including all interest and 
investment income accrued, shall be utilized by the tribal governing 
body on an annual budgetary basis, subject to the approval of the 
Secretary. 
SEC. 5. (a) After the establishment of the fund prescribed in section 
3(a) and the apportionment of funds to the Delaware Tribe of Western 
Oklahoma as prescribed in section 4 of this Act, the remaining 
balance of the funds described in the first section of this Act shall be 
divided and distributed per capita, in accordance with the provisions 
of this section, among all persons whose names appear on a roll 
prepared by the Secretary, which roll shall include all persons born 
on or prior to and living on the date of the enactment of this Act who 
are citizens of the United States and whose names or whose lineal 
ancestors' names appear on any of the following rolls or records: 
(1) the "Registry", filed in the Office of the Commissioner of 
Indian Affairs pursuant to article 9 of the treaty with the 
Delaware Indians of 
July 4,1866 (14 Stat. 793); 
(2) the Delaware (Cherokee Delaware) Indian per capita pay-
roll approved by the Secretary of the Interior on April 20,1906; 
or 
(3) the "Register" prepared pursuant to the agreement of April 
8,1867, between the Delaware Tribe of Indians and the Cherokee 
Nation. 
(b) The per capita amount determined pursuant to subsection (a) of 
this section with respect to any person (except a person enrolled 
pursuant to section 2 of this Act) who was born after October 3,1972, 
shall not be less than the amount of per capita payment such person 
would otherwise receive if no separate fund had been established 
pursuant to section 3(a) and if the total funds described in the first 
section of this Act were reduced only by the amount of funds 
apportioned to the Delaware Tribe of Western Oklahoma pursuant to 
section 4 of this Act. 
94 STAT. 970 
PUBLIC LAW 96-318—AUG. 1, 1980 
(c) The Secretary shall identify those persons who qualify and are 
enrolled under section 5(a) (1) and (3) of this Act exclusive of those 
persons who qualify under section 5(a)(2) of this Act. The amount of 
their individual shares shall be multiplied by the number of such 
enrollees. The Secretary shall pay 10 per centum of this total amount 
to the Kansas Delaware Tribe of Indians, Incorporated, and to the 
Delawares of Idaho, Incorporated, in a ratio proportionate to their 
respective number of members enrolled under subsection (a) of this 
section for the sole purpose of the payment of their attorneys' fees in 
connection with their efforts to achieve participation in the funds set 
forth in subsection (a) of this section. The Secretary shall distribute 
the balance of said total amount on a per capita basis to those persons 
enrolled under section 5(a) (1) and (3) of this Act subject to the 
requirement of 
section 5(b) of 
this Act. 
(d) No person shall be entitled to more than one per capita share 
under subsection (a) of this section, nor shall any person who received 
a per capita share under section 4 of this Act be eligible to receive any 
share under this section. 
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 regula-
tions prescribed by the Secretary. Per capita shares of legal incompe-
tents and per capita shares of persons 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 persons. 
SEC. 7. (a) Except for funds to be held in escrow as provided 
hereinafter in this section, the Secretary shall pay and distribute all 
funds, as provided in this Act, forthwith upon completion of the 
enrollment process to be established by the rules and regulations to 
be promulgated under section 10 of this Act, which enrollment 
process period shall not be deemed to include the period of time for 
action upon enrollment appeals. 
Escrow account. 
(b) The Secretary, in arranging for the per capita payments under 
sections 3, 4, and 5 of this Act, shall hold at interest in an escrow 
account the apportioned shares, including any attorneys fees applica-
ble thereto as provided in sections 3 and 5, of all applicants whose 
entitlements are the subjects of enrollment appeals, pending determi-
nations of all enrollment appeals. 
(c) The aggregate amount of any apportioned shares applicable to 
unsuccessful applicants for enrollment under section 3 of this Act, 
including the attorneys fees attributable to such apportioned shares 
as provided in such section, shall be paid and distributed by the 
Secretary, 17 per centum to the Delaware Tribe of Western Okla-
homa for programing purposes as provided in section 4 of this Act, 
and the remaining 83 per centum shall be paid and distributed as 
provided in section 5 of this Act: Provided, That per capita payments 
which would be payable under section 5 of this Act of less than $5 
shall be aggregated and paid 19 per centum to the Delaware Tribe of 
Western Oklahoma and 81 per centum to the Delaware Tribe of 
Indians, both for programing purposes. 
(d) The amount of any apportioned shares applicable to unsuccess-
ful applicants for enrollment who claimed entitlement through 
membership in the Delaware Tribe of Western Oklahoma shall be 
added to the programing portion of that tribe's share of these awards. 
(e) The amount of any apportioned shares applicable to unsuccess-
ful applicants who claimed entitlement under section 5(a)(2) of this 
Act shall be added to the programing portion of the Delaware Tribe of 
PUBLIC LAW 96-318—AUG. 1, 1980 
94 STAT. 971 
Indians' share of awards provided for in the Act of October 3,1972 (86 
Stat. 762). 
25 use I29i. 
(f) The total amount of any apportioned shares appHcable to 
unsuccessful applicants who claimed entitlement through section 
5(a)(1) or section 5(a)(3) shall be paid and distributed as provided in 
section 5(c): Provided, That per capita payments which would be 
payable under section 5(c) of this Act of less than $5 shall be 
aggregated and paid 19 per centum to the Delaware Tribe of Western 
Oklahoma and 81 per centum to the Delaware Tribe of Indians, both 
for the programing purposes of said tribes. 
SEC. 8. None of the funds distributed per capita or made available Tax exemption. 
for programing purposes under this Act shall be subject to Federal or 
State income taxes or be considered income or resources in determin-
ing eligibility for assistance under Federsil, State, or local programs. 
SEC. 9. Nothing contained in this Act shall be construed as 
recognizing the Kansas Delaware Indians, the Kansas Delaware 
Tribe of Indians, Incorporated, the Idaho Delaware Indians or the 
Delawares of Idaho, Incorporated, as federally recognized Indian 
tribes. 
SEC. 10. The Secretary is authorized and directed, within sixty days Rules and 
from the date of enactment of this Act, to promulgate rules and regulations. 
regulations to implement this Act, including the establishment of 
enrollment procedures and a deadline for the filing of enrollment 
applications on a date not more than one hundred and twenty days 
after publication of s£dd regulations. 
Approved August 1, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1136 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 96-628 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
Mar. 18, considered and passed Senate. 
July 21, considered and passed House.