Old Age Assistance Bill: Hearing Before the Select Committee on Indian Affairs, United States Senate, Ninety-eighth Congress, First Session on S. 1151 ... July 26, 1983, Washington, D.C.U.S. Government Printing Office, 1983 - 35 sider |
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Aberdeen area administration affected trust estate age assistance claims Age Assistance Lien allowance amended attorney award bill Bureau of Indian CASS LAKE Chairman committee compensate heirs CONGRESS LIBRARY CONGRESS THE LIBRARY Dakota Plains Legal deceased Indians decedent's decedents determine enrolled members entitled escheat estates of deceased Federal Register file claims FRITZ funds heirs of deceased identified claims improper payments income Indian Affairs Indian heirs Indian trust Indians for improper individual Indian interest James Running Horse legatees and devisees legislation less than $50 LIBRARY LIBRARY LIBRARY OF CONGR LIBRARY OF CONGRESS living heirs Minnesota Chippewa Tribe Norman Hollow Oglala Sioux Tribe old age assistance paid Paul Iron Cloud Plains Legal Services plaintiffs probate files records reimbursements for old Secretary Section 1(b Senator ANDREWS SONOSKY South Dakota Thank Three Affiliated Tribes tion trust land trust money trust property United urge written claim
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Side 31 - Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever : Provided, That the President of the United States may in any case, in his discretion, extend the period.
Side 31 - Secretary of Interior is not authorized to direct payment of debts of a deceased Indian out of moneys accruing after death from trust lands in the hands of the decedent's Indian heirs. 25 US CA §§ 372, 410. 4. Indians ©=15(1) Secretary of Interior's general administrative practice with respect to payment of state welfare assistance claims from trust assets of the estate of a deceased Indian are unauthorized. General Allotment Act of 1887, § 6 as amended 25 USCA § 349; 25 USCA § 372; Sioux Allotment...
Side 31 - USC § 410 authorizes the defendant to direct payment of the debts of a deceased Indian out of moneys accruing after death from trust lands in the hands of such decedent's Indian heirs.
Side 31 - Defendant Civil No. — COMPLAINT FOR JUDICIAL REVIEW OF ACTION OF SECRETARY OF THE INTERIOR, FOR DECLARATORY JUDGMENT AND FOR INJUNCTIVE RELIEF The plaintiffs for their complaint allege as follows : 1. The plaintiffs are citizens of the United States, residents of the Rosebud Sioux Indian Reservation, South Dakota, and are Indians duly enrolled as members of the Rosebud Sioux Indian Tribe of South Dakota. 2. The defendant is the Secretary of the Interior, and as such, is charged with the administration...
Side 31 - Indians ©=>15(l)f 18 The allowance of a state claim against Indian trust lands for old age assistance furnished decedent, providing for payment from proceeds of sale of lands or from revenues therefrom was invalid as beyond authority of Secretary of Interior. Sioux Allotment Act of 1889, 25 Stat. 888; General Allotment Act of 1887, § 6 as amended 25 USCA § 349; 25 USCA §§ 372, 410.
Side 31 - Indians ©=18 The allowance by Secretary of Interior of the claim of a state for old age assistance furnished an Indian decedent, requiring the payment thereof by heirs of decedent's trust lands from proceeds of sale of lands or from income therefrom, constituted a charge or encumbrance against trust property. Sioux Allotment Act of 1889, 25 Stat. 888. 2. Indians...
Side 31 - F.Supp. 586 (1962) dence introduced at trial, makes the following findings of fact and conclusions of law : FINDINGS OF FACT 1. The plaintiffs are citizens of the United States, residents of the Rosebud Sioux Indian Reservation, South Dakota, and are Indians duly enrolled as members of the Rosebud Sioux Indian Tribe of South Dakota. 2. The defendant is the Secretary of the Interior and as such is charged with the administration of the laws relating to the supervision, care and protection of individual...
Side 23 - ... loss which CCC sustains upon the corn delivered under the purchase agreement. For the purpose of this program, such loss shall be deemed to be the price paid to the producer on the corn delivered under the purchase agreement plus all costs sustained by CCC in connection with the corn, together with interest at a rate of 6 percent per annum from the date of disbursement, less the market value, as determined by CCC, of the corn as of the close of the market on the date of delivery, or the sales...
Side 31 - ... Indian Tribe of South Dakota, who died intestate seized of the certain property held by the United States in trust for him and his Indian heirs including 172.07 acres of land on the Rosebud Reservation described as the E/2NE/4, Lots 1, 4, sec. 21, T. 38 N., R. 33 W., 6th PM 5. The above described land originally was allotted by trust patent No. 276674 dated June 18, 1912, from the United States to Abraham Running Horse, Rosebud Sioux Allottee No. 6095, and inherited by James Running Horse from...
Side 31 - The above entitled cause came on regularly for trial and the court having duly considered the evidence and being fully advised in the premises now finds the following: FINDINGS OF FACT The defendant, , was admitted and treated at the Veterans Hospital in , , for the surgical repair of a hernia, a disability which was not service-connected.