Washington : Government Printing Office
|Public Law 85-395||Indians, Otoe and Missouria allotment rolls.|
|Sec. 2||Withdrawal of funds.|
|Sec. 3||106 Per capita payments.|
|Sec. 5||Rules and regulations.|
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and directed to prepare a roll of the Indians of the blood of the Otoe and Missouria Tribe whose names appear on the allotment rolls of the tribe approved December 7, 1899, June 1, 1906, and January 17, 1907, and who are living on the date of this Act, and the descendants of such allottees who are living on the date of this Act regardless of whether such allottees are living or deceased. Applications for enrollment shall be filed within six months after the date of this Act. The determination of the Secretary regarding the eligibility of an applicant for enrollment shall be final and conclusive.
The Secretary is authorized and directed to withdraw the funds on deposit in the Treasury of the United States to the credit of the Otoe and Missouria Tribe appropriated by the Act of May 19, 1956 (70 Stat. 161, 176), together with accrued interest, in satisfaction of the judgment obtained in the Indian Claims Commission against the United States in docket numbered 11, and to distribute such funds per
capita to the persons whose names appear on the roll prepared pursuant to section 1 of this Act.
(a) The Secretary shall make per capita payments directly to a living enrollee, except as provided in subsection (b) of this section. The Secretary shall distribute the share of a person determined to be eligible for enrollment but who dies subsequent to the date of this Act and on whose behalf the application is filed and approved, and the share of a deceased enrollee, directly to his next of kin or legatee as determined by the laws of the place of domicile of the decedent, upon proof of death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be final and conclusive.
(b) Per capita payments due persons under twenty-one years of age or persons under legal disability shall be made in accordance with the laws of the place of domicile of such person.
(c) No part of any per capita payment shall be subject to any debt or debts, other than to the United States, created prior to the date of this Act by a person of Indian blood, and such per capita payments shall not be taxable.
All costs incurred by the Secretary in the preparation of such roll and in the payment of such per capita shares shall be paid from the judgment fund or the interest accruing thereon.
The Secretary is authorized to prescribe rules and regulations to carry out the provisions of this Act.
Approved, May 9, 1958.