An Act providing for the disposition of judgment funds of the Omaha Tribe of Indians.
PL 87-235 (S.1518), enacted 09/14/1961

508 
PUBLIC LAW 87-235-SEPT. 14, 1961 
[75 ST A T . 
Public Law 87-235 
September 14 1961 
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Providing for the disposition of judgment funds of the Omaha Tribe of Indians. 
Indians. 
O m a h a 
T r i b e 
j u d g m e n t funds, 
disposition. 
Mend>ership roll; 
eligibility. 
Per capita share 
distribution. 
Tax exemption. 
Be it enacted by the Senate and Hotcse of Representatives of the 
United States of America in Congress assembled^ That the Secretary 
of the Interior is authorized and directed, pursuant to such regula-
tions 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 the date of this 
Act, and the descendants oi such allottees who are bom and living 
on the date of this Act and who possess Omaha blood of the decree or 
one-fourth or more regardless of whether such allottees are living or 
deceased: Provided^ That no person who is enroUwi 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 Act unless 
the application for enrollment by such person is approved W 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 the date of this Act. For a period of three months 
thereafter, the Secretary shall permit the examination of the applica-
tions by the governing body of the Omaha Tribe of Nebraska for the 
j>urpose of Icwiging protests against any application. The determina-
tion of the Secretary regarding the eligibility of an applicant shall 
be final. 
SEC. 2. The roll prepared pursuant to section 1 of this Act shall con-
stitute the membership roll of the Omaha Tribe of Nebraska as of the 
date of this Act, notwithstanding the provisions of article II, section 1 
of the tribal constitution, and children who are born after the date 
of this Act 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. 
SEC. 3. 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 pav 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 avail-
able, to each person whose name appears on the roll prepared pur-
suant to section 1 of this Act; and the balance of sucn 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 Durpose 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. 
SEC. 4. (a) Except as provided in subsection (b) of this section, the 
Secretary shall distribute a per capita share payable to a living 
enroUee directly to such enrolfee, and the Secretary shall distribute a 
per capita share payable to a deceased enroUee 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) 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 aetermines will adequately protect 
the best interests of such persons. 
75 S T A T . ] 
PUBLIC LAW 87-237-SEPT. U, 1961 
509 
SEC. 5. No part of any oi the funds which may be so distributed 
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shall be subject to any hen, 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. 
SEC. 6. All costs incurred by the Secretary in the preparation of the 
costs. 
roll and in the payment of the per capita shares in accordance with 
provisions of this Act shall be paid by appropriate withdrawals from 
the judgment fund. 
SEC. 7. The Secretary is authorized to prescribe rules and regulations aufhlritV" ^'*''""^° 
to carry out the provisions of this Act. 
Approved September 14, 1961. 
Public Law 87-236 
A N A C T 
September M, 1961 
To authorize the Secretary of the Army to modify certain leases entered into __^_[fllflj 
for the provision of recreation facilities in reservoir areas. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Chief of 
R^reati!»nfacii-
Engineers, under the sui>ervision of the Secretary of the Army, is ities in reservoir 
authorized to amend any lease entered into before November 1, 1956, 
providing for the construction, maintenance, and operation of commer-
cial recreational facilities at a water resource development project 
under the jurisdiction of the Secretary of the Army so as to provide 
for the adjustment, either by increase or decrease, from time to time 
during the term of such lease of the amount of rental or other consid-
eration payable to the United States under such lease, when and to 
the extent he determines such adjustment or extension to be necessary 
or advisable in the public interest. 
No adjustment shall be made 
under the authority of this Act so as to increase or decrease the amount 
of rental or other consideration payable under such lease for any 
period prior to the date of such adjustment. 
Approved September 14, 1961. 
areas. 
Leases. 
Public Law 87-237 
A N A C T 
September 14, 1961 
To authorize the transfer of three units of the Fort Belknap Indian irrigation 
[s. 22161 
project to the landowners within the project. 
Indians. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Secretary 
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of the Interior is authorized to transfer to an association or organiza- rigat'on prCI^cT, 
tion of the landowners whose lands are served by the following units f^n^^^"" o
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of the Fort Belknap Indian irrigation project all of the right, title, 
and interest of the United States in the irrigation project works of each 
unit: 
(1) Upper Peoples Creek (Hays) unit, located in township 26 
north, ranges 23 and 24 east, P.M.M., about 24 miles south of the 
Fort Belknap agency headquarters. 
(2) Big Warm unit, located along the east boundary of the 
Fort Belknap Reservation in township 27 north, range 26 east, 
P.M.M., about 36 airline miles from the Fort Belknap agency 
headquarters.