DELAWARE TRIBE OF INDIANS JUDGMENT FUNDS, DISTRIBUTION

Pub­lic Law 96 – 31896th Con­gress

An Act

Aug. 1, 1980

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[S. 1466]

To pro­vide for the dis­tri­b­u­tion of cer­tain funds appro­pri­ated to pay judg­ments in favor of the Delaware Tribe of Indi­ans and the Absen­tee Delaware Tribe of West­ern Okla­homa in Indian Claims Com­mis­sion dock­ets 27-A and 241, 289, and 27-B and 338, and for other purposes.

Delaware Tribe of Indi­ans judg­ment funds, distribution

25 USC 1401.

Be it enacted by the Sen­ate and House of Rep­re­sen­ta­tives of the United States of Amer­ica in Con­gress assem­bled,That, notwith­stand­ing any pro­vi­sion of the Act of Octo­ber 19, 1973 (87 Stat. 466) or any other law, or any reg­u­la­tion or plan pro­mul­gated pur­suant thereto, the funds appro­pri­ated by the act of Decem­ber 15, 1971(85 Stat. 627) for the award in docket 289; by the Act of March 21, 1972 (85 Stat. 86) for the award in dock­ets 27-A and 241; by the act of March 7, 1978 (92 Stat. 107) for the award in dock­ets 27-B and 338; on Octo­ber 31, 1978, in accor­dance with sec­tion 1302 of the Act of July 27, 1955(79 Stat. 694), as amended (31 U.S.C. 724a), for the award in dock­ets 27-E and 202; and on August 6, 1979, in accor­dance with sec­tion 1302 of such Act of July 27, 1956, for the award in docket 27; includ­ing all inter­est and invest­ment income accrued thereon, less attor­ney fees and lit­i­ga­tion expenses incurred in con­nec­tion with such awards, shall be used and dis­trib­uted as pro­vided in this Act.

SEC. 2.

The Sec­re­tary on the Interior(hereinafter the “Sec­re­tary”) shall pre­pare a roll of all per­sons who were born on or prior to Octo­ber 3, 1972, and who are liv­ing on the date of the enact­ment of this Act who are cit­i­zens of the United States and who are descended from a lin­eal ances­tor whose name appears on the “Reg­istry” filed in the Office of the Com­mis­sioner of Indian Affairs pur­suant to arti­cle 9 of the treaty with the Delaware Indi­ans of July 4, 1866 (14 Stat. 793) or who are descen­dant from a lin­eal ances­tor whose name appears on the “Reg­is­ter” pre­pared pur­suant to the agree­ment dated April 8, 1867, between the Delaware Tribe of Indi­ans and the Chero­kee Nation. No per­son shall be eli­gi­ble for enroll­ment under this sec­tion who was paid, or was eli­gi­ble to be paid, pur­suant to the Act of Octo­ber 3, 1972 (82 Stat. 762).

25 USC 1291.

Sep­a­rate Funds.

SEC. 3.

(a) Upon com­ple­tion of the roll pro­vided for in sec­tion 2 of this Act, The Sec­re­tary shall seg­re­gate and estab­lish a sep­a­rate fund from the funds described in the first sec­tion of this Act. Such sep­a­rate fund shall be in an amount equal to $1,488.22 mul­ti­plied by the num­ber of per­sons whose names appear on the roll pre­pared in accor­dance with sec­tion 2 of this Act: Pro­vided , That said sep­a­rate fund shall not in any event exceed the max­i­mum amount of $1,488,220 regard­less of the num­ber of such enrollees.

Attor­neys’ fees.

(b) The Sec­re­tary shall pay 10 per cen­tum of the fund estab­lished by sub­sec­tion (a) of this sec­tion to the Kansas Delaware Tribe of Indi­ans, Incor­po­rated, and to the Delawares of Idaho, Incor­po­rated in a ratio pro­por­tion­ate to their respec­tive num­ber of mem­bers enrolled under sec­tion 2 of this Act, for the sole pur­pose of enabling such cor­po­ra­tions to pay attor­neys’ fees for the rep­re­sen­ta­tion of such mem­bers in con­nec­tion with their efforts to achieve par­tic­i­pa­tion in the dis­tri­b­u­tion of funds under the Act of Octo­ber 3, 1972, and in addi­tion thereto, shall pay to such cor­po­ra­tions from the fund estab­lished by sub­sec­tion (a) of this sec­tion all expenses in con­nec­tion there­with which the Sec­re­tary finds to be reasonable.

(c ) After pay­ments made pur­suant to sub­sec­tion (b) of this sec­tion, the Sec­re­tary shall dis­trib­ute the bal­ance to the sep­a­rate fund estab­lished pur­suant to sub­sec­tion (a) of this sec­tion on a per capita basis to those who have been enrolled by the Sec­re­tary under sec­tion 2 of this Act.

SEC. 4.

After the estab­lish­ment of the sep­a­rate fund pre­scribed in sec­tion 3(a) of this Act, 17 per cen­tum of all of the then remain­ing funds described in the first sec­tion of this Act shall be appor­tioned by the Sec­re­tary to the Delaware Tribe of West­ern Okla­homa. The Sec­re­tary shall pre­pare a roll of all per­sons born on before, and liv­ing on, the date of the enact­ment of this Act who are cit­i­zens of the United States and whose names appear on the mem­ber­ship roll of the Delaware Tribe of West­ern Okla­homa, brought cur­rent as of the date of the enact­ment of this Act. No more than 60 per cen­tum of the funds appor­tioned to the Delaware Tribe of West­ern Okla­homa shall be dis­trib­uted on a per capita basis, in amounts as equal as pos­si­ble, to all tribal mem­bers enrolled in accor­dance with this sec­tion. No less than 40 per cen­tum of said funds, includ­ing any amounts remain­ing from the afore­men­tioned per capita dis­tri­b­u­tion, shall be invested by the Sec­re­tary for tribal social and eco­nomic pro­gram­ming pur­poses, includ­ing peri­odic div­i­dend pay­ments; Pro­vided, That the vot­ing mem­ber­ship of the tribe may elect to des­ig­nate more than 40 per cen­tum of the total funds appor­tioned to the tribe for such pro­gram­ing pur­poses. Said pro­gram­ming funds, includ­ing all inter­est and invest­ment income accrued, shall be uti­lized by the tribal gov­ern­ing body on an annual bud­getary basis, sub­ject to the approval of the Secretary.

SEC. 5.

(a) After the estab­lish­ment of the fund pre­scribed in sec­tion 3(a) and the appor­tion­ment of funds to the Delaware Tribe of West­ern Okla­homa as pre­scribed in sec­tion 4 of this Act, the remain­ing bal­ance of the funds described in the first sec­tion of this Act shall be divided and dis­trib­uted per capita, in accor­dance with the pro­vi­sions of this sec­tion, among all per­sons whose names appear on a roll pre­pared by the Sec­re­tary, which roll shall include all per­sons born on or prior to an liv­ing on the date of the enact­ment of this Act who are cit­i­zens of the United States and whose names or whose lin­eal ances­tors’ names appear on any of the fol­low­ing rolls or records:

(1) the “Reg­istry”, filed in the Office of the Com­mis­sioner of Indian Affairs pur­suant to arti­cle 9 of the treaty with the Delaware Indi­ans of July 4, 1866 (14 Stat. 793);

(2) the Delaware (Chero­kee Delaware) Indian per capita pay­roll approved by the Sec­re­tary of the Inte­rior on April 20, 1906; or

(3) the “Reg­is­ter” pre­pared pur­suant to the agree­ment of April 8, 1867, between the Delaware Tribe of Indi­ans and the Chero­kee Nation.

(b) The per capita amount deter­mined pur­suant to sub­sec­tion (a) of this sec­tion with respect to any per­son (except a per­son enrolled pur­suant to sec­tion 2 of this Act) who was born after Octo­ber 3, 1972, shall not be less than the amount of per capita pay­ment such per­son would oth­er­wise receive if no sep­a­rate fund had been estab­lished pur­suant to sec­tion 3(a) and if the total funds described in the first sec­tion of this Act were reduced only by the amount of funds appor­tioned to the Delaware Tribe of West­ern Okla­homa pur­suant to sec­tion 4 of this Act.

(c ) The Sec­re­tary shall iden­tify those per­sons who qual­ify and are enrolled under sec­tion 5(a)(1) and (3) of this Act exclu­sive of those per­sons who qual­ify under sec­tion 5(a)(2) of this Act. The amount of their indi­vid­ual shares shall be mul­ti­plied by the num­ber of such enrollees. The Sec­re­tary shall pay 10 per cen­tum of this total amount to the Kansas Delaware Tribe of Indi­ans, Incor­po­rated, and to the Delawares of Idaho, Incor­po­rated, in a ratio pro­por­tion­ate to their respec­tive num­ber of mem­bers enrolled under sub­sec­tion (a) of this sec­tion for the sol pur­pose of the pay­ment of their attor­neys fees in con­nec­tion with their efforts to achieve par­tic­i­pa­tion in the funds set forth in sub­sec­tion (a) of this sec­tion. The Sec­re­tary shall dis­trib­ute the bal­ance of said total amount on a per capita basis to those per­sons enrolled under sub­sec­tion 5(a)(1) and (3) of this Act sub­ject to the require­ments of sec­tion 5(b) of this Act.

(d) No per­son shall be enti­tled to more than one per capita share under sub­sec­tion (a) of this sec­tion, nor shall any per­son who received a per capita share under sec­tion 4 of this Act be eli­gi­ble to receive any share under this section.

SEC. 6.

The per capita shares of liv­ing com­pe­tent adults shall be paid directly to them. Per capita shares of deceased indi­vid­ual ben­e­fi­cia­ries shall be deter­mined dis­trib­uted pur­suant to reg­u­la­tions pre­scribed by the Sec­re­tary. Per capita shares of legal incom­pe­tents and per capita shares of per­sons under age eigh­teen shall be paid in accor­dance with such pro­ce­dures, includ­ing the estab­lish­ment of trusts, as the Sec­re­tary deter­mines to be nec­es­sary to pro­tect the inter­ests of such persons.

SEC 7.

(a) Except for funds to be held in escrow as pro­vided here­inafter in this sec­tion, the Sec­re­tary shall pay and dis­trib­ute all funds, as pro­vided in this Act, forth­with upon com­ple­tion of the enroll­ment process to be estab­lished by the rules and reg­u­la­tions to be pro­mul­gated under sec­tion 10of this Act, which enroll­ment process period shall not be deemed to include the period of time for action upon enroll­ment appeals.

Escrow account.

(b) the Sec­re­tary, in arrang­ing for the per capita pay­ments under sec­tions 3, 4, and 5 of this Act, shall hold at inter­est in an escrow account the appor­tioned shares, includ­ing any attor­neys fees applic­a­ble thereto as pro­vided in sec­tions 3 and 5, of all appli­cants whose enti­tle­ments are the sub­jects of enroll­ment appeals, pend­ing deter­mi­na­tions of all enroll­ment appeals.

(c ) The aggre­gate amount of any appor­tioned shares applic­a­ble to unsuc­cess­ful appli­ca­tions for enroll­ment under sec­tion 3 of this Act, includ­ing the attor­neys fees attrib­ut­able to such appor­tioned shares as pro­vided in such sec­tion, shall be paid and dis­trib­uted by the Sec­re­tary, 17 per cen­tum to the Delaware Tribe of West­ern Okla­homa for pro­gram­ing pur­poses as pro­vided in sec­tion 4 of this Act, and the remain­ing 83 per cen­tum shall be paid and dis­trib­uted as pro­vided in sec­tion 5 of this Act: Pro­vided, That per capita pay­ments which would be payable under sec­tion 5 of this Act of less than $5 shall be aggre­gated and paid 19 per cen­tum to the Delaware Tribe of West­ern Okla­homa and 81 per cen­tum to the Delaware Tribe of Indi­ans, both for pro­gram­ing purposes.

(d) The amount of any appor­tioned shares applic­a­ble to unsuc­cess­ful appli­cants for enroll­ment who claimed enti­tle­ment through mem­ber­ship on the Delaware Tribe of West­ern Okla­homa shall be added to the pro­gram por­tion of that tribe’s share of these awards.

(e) The amount of any appor­tioned shares applic­a­ble to unsuc­cess­ful appli­cants who claimed enti­tle­ment under sec­tion 5(a)(2) of this Act shall be added to the pro­gram por­tion of the Delaware Tribe of Indian’s share of awards pro­vided for in the Act of Octo­ber 3, 1972 (86 Stat. 762).

25 USC 1291.

(f) The total amount of any appor­tioned shares applic­a­ble to unsuc­cess­ful appli­cants who claimed enti­tle­ment through sec­tion 5(a)(1) or sec­tion 5(a)(3) shall be paid and dis­trib­uted as pro­vided in sec­tion 5(c ): Pro­vided, That per capita pay­ments which would be payable under sec­tion 5(c ) of this Act of less than $5 shall be aggre­gated and paid 19 per cen­tum to the Delaware Tribe of West­ern Okla­homa and 81 per cen­tum to the Delaware tribe of Indi­ans, both for the pro­gram­ing pur­poses of said tribes.

Tax exemp­tion.

SEC. 8.

None of the funds dis­trib­uted per capita or made avail­able for pro­gram­ing pur­poses under this Act shall be sub­ject to Fed­eral or State income taxes or be con­sid­ered income or resources in deter­min­ing eli­gi­bil­ity for assis­tance under Fed­eral, State, or local programs.

SEC. 9.

Noth­ing con­tained in this Act shall be con­strued as rec­og­niz­ing the Kansas Delaware Indi­ans, The Kansas Delaware Tribe of Indi­ans, Incor­po­rated, the Idaho Delaware Indi­ans or the Delawares of Idaho, Incor­po­rated as fed­er­ally rec­og­nized Indian tribes.

Rules and regulations.

SEC. 10.

The Sec­re­tary is autho­rized and directed, within sixty days from the date of enact­ment of this Act, to pro­mul­gate rules and reg­u­la­tions to imple­ment this Act, includ­ing the estab­lish­ment of enroll­ment pro­ce­dures and a dead­line for the fil­ing of enroll­ment appli­ca­tions on a date not more than one hun­dred and twenty days after pub­li­ca­tion of said regulations.

Approved August 1, 1980.

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LEGISLATIVE HISTORY:

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HOUSE REPORT No. 96 – 1136 (Comm. on Inte­rior and Insu­lar Affairs).

SENATE REPORT No 96 – 628 (Comm on Indian Affairs).

CONGRESSIONAL RECORD, Vol 126 (1980)

Mar 18, con­sid­ered and passed Senate

July 21, con­sid­ered and passed House