TITLE 25 - US CODE - SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

25 USC 1111 - Distribution and use of funds

The Secretary of the Interior shall take the necessary steps to provide for the distribution and use of the money appropriated to the Miami Indians of Indiana and Oklahoma in satisfaction of judgments awarded by the Indian Claims Commission in dockets numbered 67 and 124, 124A, and 251 as hereinafter provided.

25 USC 1112 - Advances or expenditures from funds of Miami Tribe of Oklahoma; persons entitled

The funds on deposit in the Treasury of the United States to the credit of the Miami Tribe of Oklahoma that were appropriated by the Act of September 30, 1961 (75 Stat. 747), to pay a judgment by the Indian Claims Commission in docket numbered 251, together with the interest thereon, after payment of attorney fees and expenses, shall be advanced or expended in accordance with plans adopted by the governing body of the Miami Tribe of Oklahoma and approved by the Secretary of the Interior. The persons entitled to share in any per capita payment authorized by the governing body and approved by the Secretary shall be all individuals who are enrolled members of the Miami Tribe of Oklahoma, as organized under the Oklahoma Welfare Act (49 Stat. 1967) [25 U.S.C. 501 et seq.].

25 USC 1113 - Miami Indians of Indiana; membership roll; preparation; eligibility for enrollment

For the purpose of determining entitlement to the judgment awarded in Indian Claims Commission docket numbered 124A to the Miami Indians of Indiana and appropriated by the Act of September 30, 1961 (75 Stat. 747), the Secretary shall prepare a roll of all persons of Miami Indian ancestry who meet the following requirements for eligibility:

(a) They were born on or prior to, and living on, October 14, 1966; and

(b) Their name or the name of an ancestor from whom they claim eligibility appears on the roll of Miami Indians of Indiana of June 12, 1895, or the roll of Miami Indians of Indiana, now living in Kansas, Quapaw Agency, I.T., and Oklahoma Territory, prepared and completed pursuant to the Act of March 2, 1895 (28 Stat. 903), or the roll of the Eel River Miami Tribe of Indians of May 27, 1889, prepared and completed pursuant to the Act of June 29, 1888 (25 Stat. 223). No person whose name appears on the current tribal roll of the Miami Tribe of Oklahoma shall be eligible to be enrolled under this section.

25 USC 1114 - Miami Indians of Oklahoma; membership roll; preparation; eligibility for enrollment

For the purpose of determining entitlement to the judgment awarded in Indian Claims Commission dockets numbered 67 and 124 and appropriated by the Act of May 17, 1963 (77 Stat. 43), the Secretary of the Interior shall prepare a roll of all persons of Miami Indian ancestry who meet the following requirements for eligibility:

(a) They were born on or prior to, and living on, October 14, 1966; and

(b) Their name or the name of an ancestor from whom they claim eligibility appears on any of the rolls cited in section 1113 (b) of this title, or on the roll of the Western Miami Tribe of Indians of June 12, 1891, prepared and completed pursuant to the Act of March 3, 1891 (26 Stat. 1000).

25 USC 1115 - Applications; place for filing; finality of determination

Applications for enrollment must be filed with the area director of the Bureau of Indian Affairs, Muskogee, Oklahoma, on forms prescribed for that purpose. The determination of the Secretary regarding the eligibility of an applicant shall be final.

25 USC 1116 - Distribution of funds of Miami Indians of Indiana; persons entitled

The funds on deposit in the Treasury of the United States to the credit of the Miami Indians of Indiana that were appropriated by the Act of September 30, 1961 (75 Stat. 747), to pay a judgment in Indian Claims Commission docket numbered 124A, and the interest thereon, after payment of attorney fees and expenses, shall be distributed to the individuals whose names appear on the roll prepared pursuant to section 1113 of this title, and in accordance with the instructions contained in sections 1118 and 1119 of this title.

25 USC 1117 - Distribution of funds of Miami Indians of Oklahoma; persons entitled

The funds on deposit in the Treasury of the United States to the credit of the Miami Tribe of Oklahoma that were appropriated by the Act of May 17, 1963 (77 Stat. 43), to pay a judgment in Indian Claims Commission dockets numbered 67 and 124, and the interest thereon, after payment of attorney fees and expenses, shall be distributed to the persons whose names appear on the roll prepared pursuant to section 1114 of this title, and in accordance with the instructions contained in sections 1118 and 1119 of this title.

25 USC 1118 - Distribution of shares

(a) Payments to enrollees, next of kin, or legatees
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 heirs or legatees upon proof of death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be final and conclusive.

(b) Payments to minors or persons under legal disability
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.

25 USC 1119 - Reserve funds for expenses

(a) Establishment
Prior to making any distribution of the funds credited to the Miami Tribe or Nation and the Miami Tribe of Indiana or approving any expenditures of the funds credited to the Miami Tribe of Oklahoma, pursuant to this subchapter, the Secretary is authorized to reserve in the Treasury of the United States a part of such funds sufficient, in his judgment, to meet the litigation expenses, exclusive of attorney fees, of the remaining cases which each has pending before the Indian Claims Commission.

(b) Availability
The funds reserved shall be available for appropriate withdrawal by the Secretary.

25 USC 1120 - Tax exemption; costs

The funds distributed under the provisions of this subchapter shall not be subject to Federal or State income taxes, and any costs incurred by the Secretary in the preparation of the rolls and in the distribution of per capita shares in accordance with the provisions of this subchapter shall be paid by appropriate withdrawals from the judgment funds.

25 USC 1121 - Rules and regulations

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

25 USC 1122 - Payment and distribution of judgment funds

The funds appropriated by the Acts of July 22, 1969 (83 Stat. 49), and January 8, 1971 (84 Stat. 1981), to pay judgments awarded to the Miami Tribe of Oklahoma and the Miami Indians of Indiana in Indian Claims Commission dockets numbered 255 and 124C, dockets numbered 256, 124D, E, and F, and dockets numbered 131 and 253, and to pay a judgment awarded to the Miami Tribe of Oklahoma in docket numbered 251A, together with interest thereon, after payment of attorney fees and litigation expenses, shall be distributed as provided in sections 1122 to 1130 of this title.

25 USC 1123 - Costs

The Secretary may make appropriate withdrawals from the judgment funds and interest thereon, using interest funds first, to pay costs incident to carrying out the provisions of sections 1122 to 1130 of this title.

25 USC 1124 - Revision of enrollment list

The Secretary of the Interior shall bring current to June 2, 1972, the roll prepared pursuant to section 1114 of this title, by

(a) adding the names of persons living on June 2, 1972, who were eligible for enrollment under section 1114 of this title but were not enrolled,

(b) by adding the names of children born to enrollees on or prior to June 2, 1972, and who are living on said date,

(c) by adding the names of children born to persons who were eligible for enrollment under section 1114 of this title but who were not enrolled, regardless of whether such persons are living or deceased on June 2, 1972, provided said children of such persons are living on June 2, 1972, and

(d) by deleting the names of persons who are deceased as of June 2, 1972.

25 USC 1125 - Applications for enrollment

An application for addition of a name to the roll pursuant to section 1124 of this title must be filed with the area director of the Bureau of Indian Affairs, Muskogee, Oklahoma, on forms prescribed for that purpose. The determination of the Secretary regarding the eligibility of an applicant shall be final.

25 USC 1126 - Equal distribution to individuals enrolled

On completion of the roll by the Secretary of the Interior, the balance of the funds appropriated to satisfy the judgments in dockets numbered 255 and 124C, dockets numbered 256, 124D, E, and F, and dockets numbered 131 and 253, and interest accumulated thereon, shall be distributed equally to the individuals enrolled.

25 USC 1127 - Use of appropriated funds; approval by Secretary on receipt of recommendations from tribal governing body

The funds on deposit in the Treasury of the United States to the credit of the Miami Tribe of Oklahoma that were appropriated by the Act of July 22, 1969 (83 Stat. 49), to pay a judgment by the Indian Claims Commission in docket numbered 251A, together with the interest thereon, after payment of attorney fees and expenses, may be advanced or expended for any purpose that is authorized by the tribal governing body of the Miami Tribe of Oklahoma, and approved by the Secretary of the Interior.

25 USC 1128 - Distribution of shares

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

(b) Payments to minors or persons under legal disability
Sums payable to enrollees or their heirs or legatees who are less than eighteen years of age or who are under a legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interest of such persons.

25 USC 1129 - Tax exemption

None of the funds distributed under the provisions of sections 1122 to 1130 of this title shall be subject to Federal or State income taxes.

25 USC 1130 - Rules and regulations

The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of sections 1122 to 1130 of this title, including the establishment of deadlines.