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Page 375 TITLE 25—INDIANS § 1248 SUBCHAPTER LXVI—PEMBINA

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Page 375 TITLE 25—INDIANS § 1248 SUBCHAPTER LXVI—PEMBINA Page 375 TITLE 25—INDIANS § 1248 SUBCHAPTER LXVI—PEMBINA BAND OF portion funds to the three cited tribes on the CHIPPEWA INDIANS: DISTRIBUTION OF basis of the numbers of descendants having JUDGMENT FUND membership with these tribes. Fund not appor- tioned in this manner shall be distributed in § 1241. Distribution of funds; attorney fees and equal shares to those enrolled descendants who expenses are not members of the three cited tribes. The funds appropriated by the Act of June 9, (Pub. L. 92–59, § 4, July 29, 1971, 85 Stat. 158.) 1964 (78 Stat. 204, 213), to pay a judgment to the Pembina Band of Chippewa Indians in Indian § 1245. Use of funds apportioned; approval by Claims Commission dockets numbered 18–A, 113, Secretary on receipt of recommendations and 191, together with the interest thereon, after from certain tribal organizations payment of attorney fees and litigation ex- penses, and such expenses as may be necessary The funds apportioned to the Minnesota Chip- in carrying out the provisions of this sub- pewa Tribe, the Turtle Mountain Band, and the chapter, shall be distributed as provided herein. Chippewa-Cree Tribe may be advanced, ex- pended, invested, or reinvested for any purpose (Pub. L. 92–59, § 1, July 29, 1971, 85 Stat. 158.) authorized by the respective tribal governing REFERENCES IN TEXT bodies and approved by the Secretary of the In- Act of June 9, 1964, referred to in text, is act June 9, terior: Provided, That the governing body of the 1964, Pub. L. 88–317, 78 Stat. 204, known as the Defi- Minnesota Chippewa Tribe shall act in concert ciency Appropriation Act, 1964. Chapter XI of the act with the General Council of the Pembina Band set out at 78 Stat. 213, appropriated the funds referred of Chippewa Indians of the White Earth Reserva- to and was not classified to the Code. tion for the purpose of making recommenda- The Indian Claims Commission, referred to in text, tions to the Secretary; And provided further, terminated Sept. 30, 1978. See Codification note set out That the Pembina descendants within the Tur- under former section 70 et seq. of this title. tle Mountain Band shall be authorized to estab- § 1242. Membership rolls; preparation; eligibility; lish pursuant to regulations set by the Sec- excluded persons retary the Pembina Descendants Committee and that the tribal governing body shall be required The Secretary of the Interior shall prepare a to work in concert with such committee for the roll of all persons born on or prior to and living purpose of making recommendations to the Sec- on July 29, 1971, who are lineal descendants of retary and only those members of the three members of the Pembina Band as it was con- cited tribes who are enrolled as Pembina de- stituted in 1863, except that persons in the fol- scendants under the provisions of this sub- lowing categories shall not be so enrolled: chapter shall be permitted to share in any per a. those who are not citizens of the United capita distribution of the funds accruing to the States; tribes. b. those who are members of the Red Lake Band of Chippewa Indians; and (Pub. L. 92–59, § 5, July 29, 1971, 85 Stat. 158.) c. those who participated in the Mississippi, Pillager, and Lake Winnibigoshish Chippewa § 1246. Tax exemption Band awards under the provisions of sections None of the funds distributed per capita under 594 and 594a of this title. the provisions of this subchapter shall be sub- (Pub. L. 92–59, § 2, July 29, 1971, 85 Stat. 158). ject to Federal or State income taxes. § 1243. Enrollment applications; filing; finality of (Pub. L. 92–59, § 6, July 29, 1971, 85 Stat. 159.) determination § 1247. Payments to enrollees, heirs, or legatees; Applications for enrollment shall be filed with protection of the interests of minors and per- the Area Director, Bureau of Indian Affairs, Ab- sons under legal disability erdeen, South Dakota, in the manner and within the time limits prescribed for that purpose. The Sums payable to adult living enrollees or to determination of the Secretary of the Interior adult heirs or legatees of deceased enrollees regarding the utilization of available rolls and shall be paid directly to such persons. Sums pay- records and the eligibility for enrollment of an able to enrollees or their heirs or legatees who applicant shall be final. are less than twenty-one years of age or who are (Pub. L. 92–59, § 3, July 29, 1971, 85 Stat. 158.) under legal disability shall be paid in accord- ance with such procedures, including the estab- § 1244. Apportionment of funds; members and lishment of trusts, as the Secretary of the Inte- descendants of Minnesota Chippewa Tribe, rior determines appropriate to protect the best the Turtle Mountain Band of Chippewas of interests of such persons. North Dakota, the Chippewa-Cree Tribe of (Pub. L. 92–59, § 7, July 29, 1971, 85 Stat. 159.) Montana In developing the roll of Pembina descendants, § 1248. Rules and regulations the Secretary of the Interior shall determine which enrollees are members of the Minnesota The Secretary of the Interior is authorized to Chippewa Tribe, the Turtle Mountain Band of prescribe rules and regulations to effect the pro- Chippewas of North Dakota, or the Chippewa- visions of this subchapter, including the estab- Cree Tribe of Montana, and subsequent to the lishment of deadlines. establishment of the descendancy roll shall ap- (Pub. L. 92–59, § 8, July 29, 1971, 85 Stat. 159.) § 1251 TITLE 25—INDIANS Page 376 SUBCHAPTER LXVII—CONFEDERATED SA- ment of attorney fees, litigation expenses, and LISH AND KOOTENAI TRIBES OF THE the cost of carrying out the provisions of this FLATHEAD RESERVATION, MONTANA: subchapter, shall be divided by the Secretary of DISTRIBUTION OF JUDGMENT FUND the Interior on the basis of 73.2 per centum to the Blackfeet Tribe and 26.8 per centum to the § 1251. Distribution of funds; attorney fees and Gros Ventre Tribe. expenses (Pub. L. 92–254, § 1, Mar. 18, 1972, 86 Stat. 64.) The funds appropriated to the credit of the Confederated Salish and Kootenai Tribes of the REFERENCES IN TEXT Flathead Reservation, Montana, in satisfaction Act of October 21, 1968, referred to in text, is act Oct. of judgments awarded in paragraphs 7 and 10 in 21, 1968, Pub. L. 90–608, 82 Stat. 1190, known as the Sup- docket numbered 50233, United States Court of plemental Appropriation Act, 1969. Chapter XII of the Claims, including interest thereon, after pay- act set out at 82 Stat. 1198, appropriated the funds re- ferred to and was not classified to the Code. ment of attorneys fees and other litigation ex- The Indian Claims Commission, referred to in text, penses, shall be used as follows: 85 per centum terminated Sept. 30, 1978. See Codification note set out thereof shall be distributed in equal per capita under former section 70 et seq. of this title. shares to each person who is enrolled or entitled to be enrolled on March 17, 1972; the remainder § 1262. Membership roll; per capita distribution; may be advanced, expended, invested or rein- minors vested for any purposes that are authorized by The sum of $5,671,156 from the funds credited the tribal governing body and approved by the to the Blackfeet Tribe under section 1261 of this Secretary of the Interior. title shall be distributed per capita to each per- (Pub. L. 92–253, § 1, Mar. 17, 1972, 86 Stat. 64.) son whose name appears on or is entitled to ap- pear on the membership roll of the Blackfeet REFERENCES IN TEXT Tribe, and who was born on or prior to and is The United States Court of Claims, referred to in living on March 18, 1972. The sum of $2,100,000 text, and the United States Court of Customs and Pat- from the funds credited to the Gros Ventre Tribe ent Appeals were merged effective Oct. 1, 1982, into a under section 1261 of this title shall be distrib- new United States Court of Appeals for the Federal Cir- uted per capita to all members of the Fort cuit by Pub. L. 97–164, Apr. 2, 1982, 96 Stat. 25, which Belknap Community who were born on or prior also created a United States Claims Court [now United States Court of Federal Claims] that inherited the trial to and are living on March 18, 1972, and (a) whose jurisdiction of the Court of Claims. See sections 48, 171 names appear on the February 5, 1937, payment et seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary roll of the Gros Ventre Tribe of the Fort and Judicial Procedure. Belknap Reservation, or (b) who are descended from a person whose name appears on said roll, § 1252. Tax exemption if such member possesses a greater degree of Any part of such funds that may be distrib- Gros Ventre blood than Assiniboine blood. If uted to members of the Tribes shall not be sub- such member possesses equal quantums of Gros ject to Federal or State income tax. Ventre and Assiniboine blood he may elect to participate in the per capita distribution au- (Pub. L. 92–253, § 2, Mar. 17, 1972, 86 Stat. 64.) thorized by this section, in which event he shall REFERENCES IN TEXT not be eligible to participate in any per capita distribution of an Assiniboine judgment. A share Such funds, referred to in text, are the funds provided or interest payable to enrollees or their heirs or for in this subchapter. legatees who are less than eighteen years of age § 1253.
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