« ForrigeFortsett »
Redeposit and disposition.
Minor en rollees, protection.
the groups of persons entitled to enrollment on the Southern Paiute Indian roll as provided in section 1 of this Act. Apportionment among said groups shall be on the ratio that the number of enrollees in each group shall bear to the total number enrolled on the Southern Paiute Indian roll.
SEC. 4. The total amounts apportioned to the groups enrolled in section 1 (b) and (c) shall be redeposited in the Treasury of the United States to the credit of the respective bands, and may be advanced, lexpended, invested, or reinvested in any manner authorized by the governing body and approved by the Secretary.
SEC. 5. The funds apportioned to those Southern Paiute Indians enrolled under sections 1 (f) and (g) shall be available for distribution in equal shares to the enrollees except as provided in section 6 of this Act.
SEC. 6. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under a legal disability shall be paid in accordance with such procedures as the Secretary determines will best protect their interests, including the establishment of trusts.
SEC. 7. All funds, including interest, of the adult members of any group enrolled pursuant to sections 1 (d) and (e) of this Act may be advanced, expended, invested, or reinvested in any manner pursuant to a plan agreed upon between the governing body thereof or by the members thereof, at a meeting called in accordance with rules approved by the Secretary of the Interior, and the Board of Indian Affairs of the State of Utah, subject, however, to the previous approval of such plan by the Secretary of the Interior. However, the Secretary of the Interior shall not be charged with any responsibility in the administration of the funds.
SEC. 8. No part of the per capita distributions made under authority of this Act shall be subject to Federal or State income tax.
SEC. 9. The Secretary is authorized to prescribe rules and regulations to carry out the provisions of this Act.
Approved, October 17, 1968.
PUBLIC LAW 90-585
Seminole Tribe of Oklahoma in dockets numbered 150 and 248 of the Indian Claims
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the unexpended balance of the funds on deposit in the Treasury of the United States to the credit of the Seminole Tribe of Oklahoma that were appropriated by the Act of September 29, 1959 (73 Stat. 717), to pay a judgment by the Indian Claims Commission in docket numbered 150, and by the Act of May 13, 1966 (80 Stat. 141), to pay a judgment by the Indian Claims Commission in docket numbered 248, and any interest thereon, less payment of attorneys' fees and expenses, together with those school funds on deposit in the Treasury of the United States under the following symbols and titles:
14X7091 Seminole school fund.
14X7591 Interest and accruals on interest, Seminole school fund, may be advanced, expended, invested, or reinvested for any purpose that is authorized by the General Council of the Seminole Tribe of Oklahoma or other recognized governing body of that
tribe and approved by the Secretary of the Interior. SEC. 2. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act.
Approved, October 17, 1968.
PUBLIC LAW 90–597
October 17, 1968
(HR. 17273) 82 Stat. 1164
Agua Caliente Reservation, Calif.
Guardians, appointments and review.
To amend the Act of September 21, 1959 (Public Law 86–339) relating to the
Reservation of the Agua Caliente Band of Mission Indians.
“(a) No guardian or other fiduciary shall be appointed under State law for the estate of any member of the band, or continued in office, except with approval of the Secretary: Provided, That no conservator for any member of the band shall be appointed under State law or continued in office after the effective date of this Act, unless the individual Indian concerned, with the approval of the Secretary, personally petitions for the appointment or continuation of such appointment. The Secretary shall be given notice of all proceedings in the State court with respect to the estate of any member of the band which is being administered, and he may at any time appear as a party in such proceedings, and may exercise all rights accorded to a party under State law.
“(b) No guardian, conservator or other fiduciary appointed under State law shall, in his official capacity, participate in the management or disposition of any property or interest therein which is held in trust by the United States for a member of the band or is subject to restric-I tions against alienation imposed by the laws of the United States, execute or approve any use, expenditure, investment, deposit, or disposition of such property or interest therein, or proceeds therefrom, or receive any fee or other compensation for services hereafter performed with respect to such property or interest therein. The provisions of this subsection shall not preclude any such person, in his private capacity, from participating in the management or disposition of such property or interest therein with the specific approval of the Secretary of the Interior. Actions with respect to the use, expenditure, investment, deposit, or disposition of such property or interests therein, or proceeds therefrom, shall be valid and efficacious in all respects without participation, of affirmation by any guardian, conservator, or other fiduciary appointed under State law.
"(c) The Secretary, at any time, may require any guardian, conservator, or other fiduciary appointed under State law for a member of the band to submit a full and complete report concerning his handling of the estate during the preceding six years. If any person or entity required to do so by the Secretary fails or refuses to so report, or, if having reported, the Secretary concludes that any action connected therewith is fraudulent, or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith, he may request the Attorney General to cause an action to be brought in the name of the United States in the United States District Court for the Central District of California or in any such district court having jurisdiction over the person, or persons, and subject matter, for such relief as may be appropriate, and said courts are hereby granted jurisdiction to hear and determine such action.
"(d) The Secretary may require any money or property in the possession of a fiduciary at the time the fiduciary relationship is terminated, or which is recovered pursuant to this Act, to be delivered to him to be held in trust for the individual Indian concerned.
"(e) Under such regulations as he shall provide, and with the consent of the individual Indian concerned, unless the Secretary determines such Indian to be incompetent by reason of minority or otherwise, in which case such consent shall not be required, the Secretary may use, advance, expend, exchange, deposit, dispose of,
Money or property to be held in trust.
5 U. S. C. 551 et seq.
80 Stat. 392.
invest and reinvest, in any manner and for any purpose, any money or other property held by the United States in trust for such Indian. The Secretary shall make no determination that an adult Indian is incompetent except after according him an opportunity to be heard upon reasonable notice, in accordance with the provisions of the Administrative Procedure Act. Unless the Indian otherwise agrees, the hearing shall be held in the State of California within sixty days of the date of notice. A person aggrieved by a determination of incompetency made by the Secretary shall be entitled to judicial review of such determination in accordance with sections 701-706 of title 5, United States Code.
"(f) Nothing herein shall be deemed to limit any authority possessed by the Secretary under any other provisions of law."
Approved, October 17, 1968.
October 21, 1968
(H. R. 20300)
82 Stat. 1190
Supplemental Appropriation Act, 1969.
1 CHAPTER V-DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
EDUCATION AND WELFARE SERVICES For an additional amount for "Education and welfare services", $1,452,000.
IDEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
PUBLIC HEALTH SERVICE
INDIAN HEALTH ACTIVITIES
CONSTRUCTION OF INDIAN HEALTH FACILITIES
I INDEPENDENT OFFICE
NATIONAL COUNCIL ON INDIAN OPPORTUNITY
80 Stat. 416.
SALARIES AND EXPENSES For expenses necessary for the National Council on Indian Opportunity, including services as authorized by 5 U. S. C. 3109, $100,000, which shall be in addition to the amount authorized by Public Law 90550.
Approved, October 21, 1968.
Ante, p. 937.
PRIVATE LAWS OF THE NINETIETH CONGRESS, SECOND SESSION, 1968
PRIVATE LAW 90-325
September 21, 1968
(HR. 11552) 82 Stat. 1424
For the relief of certain property owners in Tate County, Mississippi. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, There is hereby conveyed to the heirs or assigns of Ho-pah-cubby, a Chickasaw Indian of Mississippi, and to persons claiming through them, as their rights and interests may appear, all right, title, and interests of the United States to section 22, township 5 south, range 6 west, Chickasaw meridian, Tate County, Mississippi.
Approved, September 21, 1968.
September 21, 1968
(H. R. 11782) 82 Stat. 1424
Dolly McCovey, heirs.
PRIVATE LAW 90-326
ments, approve a lieu allotment selection, and issue appropriate patents there for
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, upon receipt from those heirs of Dolly McCovey, deceased Hoopa Extension allottee numbered 197-H, representing more than one-half of the undivided interests, of a relinquishment of all of their right, title, and interest in her Hoopa Extension allotment, free and clear of all liens and encumbrances, the Secretary of the Interior shall cancel the patent to said allotment described as commencing at southeast corner of lot 4 in section 32, township 11 north, range 3 east, thence north 15 chains, west 116 chains, south 15 chains, east 16 chains, to place of beginning and southwest quarter of southeast quarter of section 32, township 11 north, range 3 east, Humboldt meridian, California, containing 64 acres, more or less, and approve a lieu allotment selection described as the northeast quarter of northeast quarter, section 13, township 11 north, range 2 east, Humboldt meridian, California, comprising 40 acres, more or less, and issue a trust patent to all of the Indian heirs and a fee patent to all of the non-Indian heirs as their respective interests may appear.
If after reasonable search a non-Indian patentee cannot be located, the Secretary shall publish in a newspaper which is sold in the area where the lands are located a notice that the patent has been issued, and no claim against the United States with respect to the issuance of such patent or the cancellation of the trust patent to Dolly McCovey shall be entertained by any court unless commenced within one year from the date the notice is published.
Approved, September 21, 1968.
July 17, 1968 (H. Con. Res. 798)
82 Stat. 1447 Aute, p. 663.
CORRECTION IN ENROLLMENT OF H. R. 9098 Resolved vy the House of Representatives (the Senate concurring), That the Clerk of the House of Representatives, in the enrollment of the bill (H.R. 9098) to revise the boundaries of the Badlands National Monument in the State of South Dakota, to authorize exchanges of land mutually beneficial to the Oglala Sioux Tribe and the United States, and for other purposes, is authorized and directed to make the following change, viz:
In lieu of the language appearing on page 4, lines 9 through 21 of the House engrossed bill and the Senate amendment thereto, insert the following:
“(b) Any former Indian or non-Indian owner of a tract of such land, whether title was held in trust or fee, may purchase such tract from the Secretary of the Interior under the following terms and conditions:
"(1) The purchase price to a former Indian owner shall be the total amount paid by the United States to acquire such tract and lall interests therein, plus interest thereon from the date of acquisition at a rate determined by the Secretary of the Treasury taking into consideration the average market yield of all outstanding marketable obligations of the United States at the time the tract was acquired by the United States, adjusted to the nearest one-eighth of 1 per centum. The purchase price to a former non-Indian owner shall be the present fair market value
of the tract as determined by the Secretary of the Interior.” Passed July 17, 1968.
PUBLIC LAWS OF THE NINETY-FIRST CONGRESS, FIRST SESSION, 1969
June 11, 1969
83 Stat. 33
To amend title 38 of the United States Code in order to make certain technical
corrections therein, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 1 of title 38, United States Code, is amended as follows:
I SEC. 14. Except as to any indebtedness which may be due the Government as the result of any benefits granted thereunder, the following provisions of law are repealed effective the date of enactment of this Act:
(d) Section 2 of the Act entitled "An Act to provide outpatient medical and dental treatment for veterans of the Indian wars on the same basis as such treatment is furnished to veterans of the SpanishAmerican War, and to extend the time within which certain children eligible for benefits under the War Orphans Educational Assistance Act of 1956 may complete their education", approved October 4, 1961 (75 Stat. 806).
38 U.S. C. 1712 note.
Approved, June 11, 1963.
July 22, 1969 (HR. 11400)
83 Stat. 49
PUBLIC LAW 91-47
Second Supplemental Appropriations Act, 1969.