« ForrigeFortsett »
REFERENCES IN TEXT The act of March 3, 1851 (Ninth Statute.targe, page 631) referred to in the text, is act Mar. 38, ch. 41, 9 Stat. 631, and was not classified to the ce
8 654. Claims presented by petition fing date;
amendment; signature and verifitin; official
letters, documents, etc. furnished. The claims of the Indians of Califois under the provisions of sections 651-657 of thiile shall be presented by petition, which shall llled within three years after May 18, 1928. Saiortition shall be subject to amendment. The pelon shall be signed and verified by the attorney neral of the State of California. Verification may upon information and belief as to the facts aged. Official letters, papers, documents, and publiccords, or certified copies thereof, may be used iividence, and the departments of the Governmenhall give the said attorney access to such papers, :respondence, or furnish such certified copies of rord as may be necessary in the premises free of st. (May 18, 1928, ch. 624, § 4, 45 Stat. 602.)
8 655. Reimbursement of State of Calrnia for neces
sary costs and expenses. In the event that the court reers judgment against the United States under t provisions of sections 651—657 of this title, it sll decree such amount as it finds reasonable to be id to the State of California to reimburse the Stator all necessary costs and expenses incurred by saidiate, other than attorney fees: Provided, That nireimbursement shall be made to the State of cifornia for the services rendered by its attorney geral. (May 18, 1928, ch. 624, § 5, 45 Stat. 602.) $ 656. Judgment amount depositerin Treasury to
credit of Indians; interest rateuse of fund. The amount of any judgment all be placed in the Tieasury of the United State to the credit of the Indians of California and sha draw interest at the rate of 4 per centum per anum and shall be thereafter subject to appropriatia by Congress for educational, health, industrial, ad other purposes for the benefit of said Indians, icluding the purchese of lands and building of hmes, and no part of said judgment shall be paidɔut in per capita payments to said Indians: Providd, That the Secretary of the Treasury is authorizd and directed to pay to the State of California, ut of the proceeds of the judgment when approp:ated, the amount d-creed by the court to be due said State, as provded in section 655 of this tite. (May 18, 1928, a. 624, $ 6, 45 Stat. 603.) ; 657. Revision of roll of Indians,
The Secretary of the Interior under such regulacions as he may prescribe, is autorized and directed to revise the roll of the Indiais of California, as defined in section 651 of this itle, which was approved by him on May 16, 133, in the following particulars: (a) By adding to said roll the names of persons who filed applicatias for enrollment as Indians of California on or lefore May 18, 1932, and who, although determined to be descendants
of the Indians residing in the State of California on June 1, 1852, were denied enrollment solely on the ground that they were not living in the State of California on May 18, 1928, and who were alive on May 18, 1928; (b) by adding to said roll the names of persons who are descendants of the Indians residing in the State of California on June 1, 1852, and who are the fathers, mothers, brothers, sisters, uncles, or aunts of persons whose names appear on said roll, and who were alive on May 18, 1928, irrespective of whether such fathers, mothers, brothers, sisters, uncles, or aunts were living in the State of California on May 18, 1928; (c) by adding to said roll the names of persons born since May 18, 1928, and living on May 18, 1928, who are the children or other descendants of persons whose names appear on said roll, or of persons whose names are eligible for addition to said roll under clauses (a) or (b) of this section, or of persons dying prior to May 18, 1928, whose names would have been eligible for addition to said roll under clauses (a) or (b) of this section if such persons had been alive on May 18, 1928; and (d) by removing from said roll the names of persons who have died since May 18, 1928, and prior to May 18, 1928. Persons entitled to enrollment under clause (a) of this section shall be enrolled by the Secretary of the Interior without further application. Persons claiming to be entitled to enrollment under clauses (b) or (c) of this section shall, within one year after May 24, 1950, make an application in writing to the Secretary of the Interior for enrollment, unless they have previously filed such an application under this section. The Secretary of the Interior shall prepare not less than five hundred copies of an alphabetical list of the Indians of California whose names appear on the roll approved on May 16, 1933, giving the name, address, and age at time of enrollment of each such enrollee, together with such other factual information, if any, as the Secretary may deem advisable as tending to identify each enrollee, and shall distribute copies of this list to the various communities of California Indians. The Indians of California in each community may elect a committee of three enrollees who may aid the enrolling agent in any matters relating to the revision of said roll. After the expiration of the period allowed by this section for filing applications, the Secretary of the Interior shall have six months to approve and promulgate the revised roll of the Indians of California provided for in this section. Upon such approval and promulgation, the roll shall be closed and thereafter no additional names shall be added thereto. (May 18, 1928, ch. 624, § 7, 45 Stat. 602; Apr. 29, 1930, ch. 222, 46 Stat. 259; June 30, 1948, ch. 765, § 1, 62 Stat. 1166; May 24, 1950, ch. 196, § 1, 64 Stat. 189.)
AMENDMENTS 1950—Act May 24, 1950, to permit revision of the roll to include certain classes of Indians not prevously eligible for inclusion.
1948—Act June 30, 1948, amended section generally to permit the Secretary of the Interior to revise the roll of Indians.
1930—Act Apr. 29, 1930, amended section to increase the time within which an Indian could make application
to be enrolled, and to increase time within which the Secretary of the Interior could alter and revise roll.
APPROPRIATIONS Section 2 of act June 30, 1948 provided that: “There is hereby authorized to be appropriated out of any funds in the Treasury of the United States to the credit of the Indians of California, the sum of $25,000 to remain available until expended, to be used to defray the expenses incurred by the Secretary of the Interior in revising the roll, as provided herein (this section].”
8 658. Distribution of $150 from fund to each enrolled
Indian. Notwithstanding the provisions of section 656 of this title, the Secretary of the Interior, under such regulations as he may prescribe, is authorized and directed to distribute per capita the sum of $150 to each Indian of California living on May 24, 1950, who is now or may hereafter be enrolled under sections 651 and 657 of this title. The Secretary of the Interior may, in his discretion, make such distribution from time to time to persons on the roll of the Indians of California approved on May 16, 1933, as he identifies such enrollees, before the completion of the revised roll provided for in section 651 of this title. The Secretary of the Interior is authorized to withdraw from the fund on deposit in the Treasury of the United States arising from the judgment in favor of the Indians of Callfornia entered by the Court of Claims on December 4, 1944, and appropriated for them by section 203 of the Act of April 25, 1945 (59 Stat. 77), such sums as may be necessary to make the per capita payments required by this section, including not to exceed $15,000 for the purpose of defraying the expenses incident to carrying out the provisions of sections 657 and 658 of this title. Such payments shall be made out of the accumulated interest on such judgment fund and so much of the principal thereof as is necessary to complete the payments. The money paid to enrollees pursuant to this section shall not be subject to any lien or claim of any nature against any of such persons, except for debts owing to the United States. (May 24, 1950, ch. 196, $ 2, 64 Stat. 198.)
REFERENCES IN TEXT Section 203 of the act of April 25, 1945 (59 Stat. 77) referred to in the text was not classified to the Code. It is from the First Deficiency Appropriation Act, 1945, act Apr. 25, 1945, ch. 95, title II, $ 203, 59 Stat. 94.
with ti exption of a $1,000 per capita payment which iaubrized, no per capita payment shall be approve byhe Secretary of the Interior from the principaof y judgment obtained under the Jurisdictiona. Acof June 28, 1938 (52 Stat. 1209), as amendec thout further legislation: Provided further, 'hany funds advanced for loans by the tribe to izdiwal Indians or associations of Indians shall be ubit to regulations established for the making o las from the revolving loan fund authorized by sion 470 of this title: Provided further, That no part the funds authorized to be expended or advanced this section shall be paid or delivered to or received any agent or attorney on account of services rendd in connection with the preparation or proseion of the suit or suits in the Court of Claims wh resulted in any or all of the judgments handeown by said court on July 13, 1950, unless approvby the said court in the proceeding now pending tore said court for the adjudication of attorneys's, or to any agent or attorney on account of anontract for services rendered or to be rendered ine preparation of any suit against the United Stis. (Aug. 21, 1951, ch. 338, § 1, 65 Stat. 193.)
REFERENCES IN TEXT The Jurisdictial Act of June 28, 1938 (52 Stat. 1209), referred to in te is act June 28, 1938, ch. 776, 52 Stat. 1209, which is nclassified to the Code. $ 672. Division drust funds; ratification of resolu
tion; crediti of shares; release of United States
from liabilith certain cases. The Secretarpf the Interior is authorized and directed to divi the trust funds belonging to the Confederated Beds of Ute Indians and deposited in the United State Treasury pursuant to section 399 of this title, sectn 315j of Title 43, and the Act of June 28, 1938 (5$tat. 1211), as amended, including the interest thenn, by crediting 60 per certum to the Ute Indian ribe of the Vintah and duray Reservation, consting of the Uintah, Uncompahgre, and White RiveUtes, and 40 per centum to the Southern Utes, nasisting of the Southern Uts of the Southern Utereservation and the Ute Mourain Tribe of the Ute Muntain Reservation. The reslution adopted Jun 1, 1950, by the members of he Uncompahgre, Wite River, and Uintah bands of Ute Indians compmising and settling all existg controversies betven themselves as to ownersip and distribution ( any judgments which may je obtained against te United States and as to owneship of land withirthe Uintah and Ouray Reserytion and income issing therefrom by providing tht the same shall becme the tribal property of all th Indians of the UteIndian Tribe of the Uintah an Ouray Reservationwithout regard to band deriva tion is ratified, appoved and confirmed. The fund apportioned to the louthern Utes under this sectior shall be divided beween the Southern Utes of the Southern Ute Resevation and the Ute Mountain Tribe of the Ute Mountain Reservation as agreed between said tribes. The shares of the respective groups shall be credited to the existing accounts established pursuantto sections 155 and 1614--1610
UTE INDIANS OF UTAH $ 671. Use of funds for expenditure and per capita pay
ments; regulations applicable to loans; restriction on attorney fees, Notwithstanding any other provision of existing law, the tribal funds now on deposit or hereafter deposited in the United States Treasury to the credit of the Ute Indian Tribe of the Uintah and Ouray Reservation may be expended or advanced for such purposes, including per capita payments, as may be designated by the Tribal Business Committee of said tribe and approved by the Secretary of the Interior: Provided, That the aggregate amount of the expenditures and advances authorized by this section shall not exceed 3313 per centum of such tribal funds now on deposit: Provided further, That
of this title. None of the funds involved herein shall be credited or distributed to the Ute Indian Tribe of the Uintah and Ouray Reservation, consisting of the Uintah, Uncompahgre, and White Rivers Utes, until the Uncompahgre and White River Bands present to the Se:retary of the Interior a release satisfactory to him, relieving the United States of any liability reulting from the inclusion of the Uintah Band in th disposition or use of said trust funds. (Aug. 21, 051, ch. 338, § 2, 65 Stat. 194.)
REFERENCS IN TEXT The act of June 28, 1938 52 Stat. 1211), referred to in text, is act June 28, 1938, ck 776, 52 Stat. 1209, which was not classified to the Code. Page 1211 of Vol. 52, Statutes at Large, embraces part of ection 6, and all of sections 7-9, of such act.
May 18, 1916 (39 Stat. 137), to the credit of the Red Lake Indians in Minnesota, and to pay therefrom $100 to each member of the Red Lake Band of Chippewa Indians of Minnesota who is living on June 19, 1952. Such payment shall be made under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That such payment shall be made first from any funds on deposit in the Treasury of the United States to the credit of the Red Lake Band of the Chippewa Indians, of Minnesota, drawing interest at the rate of 5 per centum and thereafter from funds drawing 4 per centum. (June 19, 1952, ch. 445, § 1, 66 Stat. 139.)
REFERENCES IN TEXT Act of May 18, 1916 (39 Stat. 137) referred to in the text, is act May 18, 1916, ch. 125, 39 Stat. 137, and was not classified to the Code.
& 673. Report to Congress
The Secretary of the nterior shall make a full and complete annual pgress report to the Congress of his activitiesind of the expenditures authorized under sectio671 of this title. (Aug. 21, 1951, ch. 338, 8 3, 65 Sta 194.)
$ 682. Payment free of liens or claims.
No money paid to Indians under sections 681–683 of this title shall be subject to any lien or claim of attorneys or other persons. Before any payment is made under said sections, the Red Lake Band of Chippewa Indians of Minnesota shall, in such manner as may be prescribed by the Secretary of the Interior, ratify and accept the provisions of said sections. (June 19, 1952, ch. 445, $ 2, 66 Stat. 139.)
RED LAKE BAND C CHIPPEWA INDIANS 8 681. Per capita paymeno members; rules and regu.
lations. The Secretary of ti Interior is authorized to withdraw as much as ay be necessary from the fund on deposit in the 'easury of the United States arising from the proces of the sale of timber and lumber within the ReLake Reservation in Minnesota, according to provisions of the Act of
8 683. Definition.
Payments made under sections 681–683 of this title shall not be held to be "other income and resources" as that term is used in sections 302 (a) (7), 602 (a) (7), and 1202 (a) (8) of Title 42. (June 19, 1952, ch. 445, $ 3, 66 Stat. 140.)