Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

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Public Law 88-457
August 20, 1964 | [H. R. 8834] 78 Stat. 555

To provide for the disposition of the funds arising from a judgment in favor of the Shawnee Tribe or Nation of Indians.
Section 2 | 3 | 4 | 5 | 6 | 7 | 8

Margin Notes
Public Law 88-457 Indians. Shawnee Tribe. Disposition of funds.
Sec. 3 Payment roll.
Sec. 5 Distribution.
Sec. 6 556 Tax exemption.
Sec. 7 Costs.

Page 1017

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds on deposit in the Treasury of the United States to the credit of the Shawnee Tribe or Nation that were appropriated by the Act of September 30, 1961 (75 Stat. 733), to pay a judgment that was obtained by the tribe or nation in the Indian Claims Commission for inadequate compensation for lands ceded to the United States under the treaty of May 10, 1854 (10 Stat. 1053), and the interest thereon, shall be divided on the basis of 514/11378ths to the Absentee Band of Shawnee Indians of Oklahoma; 747/1378th to the Cherokee Band of Shawnee Indians of

Page 1018

Oklahoma; and 117/1378ths to the Eastern Band of Shawnee Indians of Oklahoma, after payment of attorney fees and expenses of litigation.

SEC. 2.

The funds placed to the credit of the Absentee and the Eastern Bands of Shawnee Indians in the United States Treasury, and the interest thereon may be advanced or expended for any purpose and in such manner as the respective tribal governing bodies authorize and the Secretary of the Interior approves.

SEC. 3.

For the purpose of determining individual interests in the funds placed to the credit of the Cherokee Band of Shawnee Indians pursuant to section 1 of this Act, the Secretary shall prepare a new roll based on the roll of Cherokee Shawnees prepared in accordance with the Act of March 2, 1889 (25 Stat. 994). Eligible for inclusion on this new payment roll shall be all persons living on the date of this Act (a) who are, themselves, listed on the 1889 roll and (b) who are direct lineal descendants of persons listed on the 1889 roll. The Secretary may promulgate such rules and regulations as he considers necessary to carry out the purposes of this section.

SEC. 4.

When the roll prepared pursuant to section 3 above has been completed and finally approved, the Secretary shall withdraw from the Treasury the funds placed to the credit of the Cherokee Band of Shawnee Indians in accordance with section 1 of this Act, together with the interest accumulated thereon, and shall distribute them in equal per capita shares to persons whose names appear on the roll: Provided, That no person who receives a per capita payment from funds credited to the Cherokee Band of Shawnee Indians shall be permitted to share in any per capita distribution of the funds credited to the Absentee and Eastern Bands of Shawnee Indians.

SEC. 5.

(a) Except as provided in subsection (b) of this section, the Secretary shall distribute a per capita share payable to a living enrollee directly to such enrollee, and the Secretary shall distribute a per capita share payable to a deceased enrollee directly to his next of kin or legatees upon proof of death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be final and conclusive.

(b) A share payable to a person under twenty-one years of age or to a person under legal disability shall be paid in accordance with such procedures as the Secretary determines will adequately protect the best interests of such persons.

SEC. 6.

No part of any of the funds distributed in accordance with this Act shall be subject to Federal or State income tax.

SEC. 7.

All costs incurred by the Secretary in the preparation of the roll and in the payment of the per capita shares in accordance with the provisions of this Act shall be paid by withdrawals from the judgment fund of the appropriate band.

SEC. 8.

The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act.

Approved, August 20, 1964.

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