Washington : Government Printing Office
|Public Law 90-117||Cheyenne-Arapaho Indian Tribes, Okla. Judgment funds, disposition.|
|Sec. 2||Funds held in trust.|
|Sec. 3||Per capita distribution.|
|Sec. 4||Per capita share claims, termination date.|
|Sec. 4||Reverted funds, disposition.|
|Sec. 5||Tax exemptions.|
|Sec. 6||Payment of costs.|
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 authorized and directed to distribute and expend the funds on deposit in the Treasury of the United States to the credit of the Cheyenne-Arapaho Tribes of Oklahoma that were appropriated by the Act of October 31, 1965 (79 Stat. 1133), in satisfaction of the settlement and compromise of claims of said tribes against the United States in the Indian Claims Commission in dockets numbered 329A and 329B, together with the interest accrued thereon, as herein provided.
Five hundred thousand dollars of said funds shall be held in trust for the purpose of providing education and scholarships for members of said tribes pursuant to a trust agreement to be made and entered into by and between said tribes, as grantor, and a national banking association located in the State of Oklahoma, as trustee, which trust agreement shall be authorized and approved by the tribal governing body and approved by the Secretary of the Interior.
The Secretary of the Interior shall distribute remaining funds per capita to all persons alive on the date of this Act whose names appear on the membership roll of the Cheyenne-Arapaho Tribes of Oklahoma or who, on the date of this Act, were eligible for membership, hereinafter referred to as "enrollees", as follows:
(a) a share payable to an enrollee not less than twenty-one years of age shall be paid directly in one payment to such enrollee, except as provided in subsections (b) and (c) of this section;
(b) a share payable to an enrollee dying after the date of this Act shall be distributed to his heirs or legatees upon the filing of proof of death and inheritance satisfactory to the Secretary of the Interior, or his authorized representative, whose findings and determinations upon such proof shall be final and conclusive: Provided, That if a share of such deceased enrollee, or a portion thereof, is payable to an heir or legatee under twenty-one years of age or under legal disability, the same shall be paid and held in trust pursuant to subsection (c) of this section;
(c) a share or proportional share payable to an enrollee or person under twenty-one years of age or to an enrollee or person under legal disability shall be paid and held in trust for such enrollee or person pursuant to a trust agreement to be made and entered into by and between the Cheyenne-Arapaho Tribes of Oklahoma, as grantor, and a national bank association located in the State of Oklahoma, as trustee, which trust agreement shall be authorized and approved by the tribal governing body and approved by the Secretary of the Interior.
(a) All claims for per capita shares, whether by a living enrollee or by the heirs or legatees of a deceased enrollee, shall be filed with the area director of the Bureau of Indian Affairs, Anadarko, Oklahoma, not later than three years from the date of approval of this
Act. Thereafter, all clams and the right to file some shall be forever barred and the unclaimed shares shall revert to the tribes.
(b) Tribal funds that revert to the tribes pursuant to subsection (a) of this section, including interest and income therefrom, may be advanced or expended for any purpose that is authorized by the tribal governing body.
No part of any funds distributed or held in trust under the provisions of this Act shall be subject to Federal or State income taxes.
(a) All costs incident to making the payments authorized by this Act, including the costs of payment roll preparation and such sums as may be required to distribute said funds, shall be paid by appropriate withdrawals from the judgment fund and interest on the judgment fund, using the interest fund first.
(b) In the event that the sum of money reserved by the Secretary of the Interior to pay the costs of distributing said funds exceeds the amount actually necessary to accomplish this purpose, the money remaining shall revert to the tribes and may be advanced or expended for any purpose that is authorized and approved by the tribal governing body.
The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act.
Approved, October 31, 1967.