25-U.S.C.-1300D-4

§1300D-4 – §1300D-4. Apportionment of Funds

Pathway

Title 25 > Chapter 14 > Subchapter LXXV > Part A > Section 1300d-4

Details

• Reference: Section 1300d-4
• Legend: §1300D-4 – §1300D-4. Apportionment of Funds
• USCode Year: 2013

Provision Content

(a) Basis of apportionment

After deducting the amount authorized in section 1300d of this title, the funds derived from the judgment awarded in Indian Claims Commission docket numbered 142 and the one-half remaining from the amount awarded in docket numbered 359  plus interest received (other than funds otherwise distributed to the Sisseton and Wahpeton Tribes of Sioux Indians in accordance with the Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998 [25 U.S.C. 1300d–21 et seq.]), shall be apportioned on the basis of reservation residence and other residence shown on the 1909 McLaughlin annuity roll, as follows:

(b) Deposit in United States Treasury; per capita shares; advances, deposits, expenditures, investments, or reinvestments for approved purposes; programing proposals

The shares of the Devils Lake Sioux Tribe of North Dakota, the Sisseton and Wahpeton Sioux Tribe of South Dakota, and the Assiniboine and Sioux Tribe of the Fort Peck Indian Reservation, Montana, as apportioned in accordance with subsection (a) of this section, shall be placed on deposit in the United States Treasury to the credit of the respective groups. Seventy per centum of such funds shall be distributed per capita to their tribal members: Provided, That none of the funds may be paid per capita to any person whose name does not appear on the rolls prepared pursuant to section 1300d–3(a) of this title. The remainder of such funds may be advanced, deposited, expended, invested, or reinvested for any purpose designated by the respective tribal governing bodies and approved by the Secretary of the Interior: Provided, That, in the case of the Assiniboine and Sioux Tribe of the Fort Peck Reservation, Montana, the Fort Peck Sisseton-Wahpeton Sioux Council shall act as the governing body in determining the distribution of funds allotted for programing purposes: Provided further, That the Sisseton-Wahpeton Sioux Tribe of South Dakota shall act in concert with its membership residing in the Upper Sioux Community in Minnesota and its membership affiliated with the Urban Sisseton-Wahpeton Council of the Minneapolis-Saint Paul area in jointly submitting programing proposals to the Secretary.

(c) Per capita distribution to enrollees

The funds allocated to all other Sisseton and Wahpeton Sioux, as provided in subsection (a) of this section, shall be distributed per capita to the persons enrolled on the roll prepared by the Secretary pursuant to section 1300d–3(b) of this title.

(Pub. L. 92–555, title II, §202, Oct. 25, 1972, 86 Stat. 1169; Pub. L. 105–387, §7(d)(1), Nov. 13, 1998, 112 Stat. 3474.)

References in Text

The Indian Claims Commission, referred to in subsec. (a), terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title.

The Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998, referred to in subsec. (a), is Pub. L. 105–387, Nov. 13, 1998, 112 Stat. 3471, which is classified principally to part B (§1300d–21 et seq.) of this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 1300d of this title and Tables.

Amendments

1998—Subsec. (a). Pub. L. 105–387, §7(d)(1)(B), in table struck out at end item which had apportioned 25.0225 percent of funds to all other Sisseton and Wahpeton Sioux.

Pub. L. 105–387, §7(d)(1)(A)(ii), which directed amendment of introductory provisions by inserting plus interest received (other than funds otherwise distributed to the Sisseton and Wahpeton Tribes of Sioux Indians in accordance with the Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998), after docket numbered 359, was executed by making the insertion after docket numbered 359, to reflect the probable intent of Congress and the amendment by Pub. L. 105–387, §7(d)(1)(A)(i). See below.

Pub. L. 105–387, §7(d)(1)(A)(i), struck out , plus accrued interest, after docket numbered 359 in introductory provisions.

U.S. Encyclopedia of Law Coverage

25-U.S.C.-1300H-1 in the Legal Encyclopedia: Indians

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