
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1300d-4]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
SUBCHAPTER LXXV--MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT FUND
 
                   Part A--1972 Distribution Authority
 
Sec. 1300d-4. Apportionment of funds


(a) Basis of apportionment

    After deducting the amount authorized in section 1300d of this 
title, the funds derived from the judgment awarded in Indian Claims 
Commission docket numbered 142 and the one-half remaining from the 
amount awarded in docket numbered 359 \1\ plus interest received (other 
than funds otherwise distributed to the Sisseton and Wahpeton Tribes of 
Sioux Indians in accordance with the Mississippi Sioux Tribes Judgment 
Fund Distribution Act of 1998 [25 U.S.C. 1300d-21 et seq.]), shall be 
apportioned on the basis of reservation residence and other residence 
shown on the 1909 McLaughlin annuity roll, as follows:
---------------------------------------------------------------------------
    \1\ So in original. A comma probably should appear.


                      Tribe or group                         Percentage

Devils Lake Sioux of North Dakota.........................       21.6892
Sisseton-Wahpeton Sioux of South Dakota...................       42.9730
Assiniboine and Sioux Tribe of the Fort Peck Reservation,        10.3153
 Montana..................................................



(b) Deposit in United States Treasury; per capita shares; advances, 
        deposits, expenditures, investments, or reinvestments for 
        approved purposes; programing proposals

    The shares of the Devils Lake Sioux Tribe of North Dakota, the 
Sisseton and Wahpeton Sioux Tribe of South Dakota, and the Assiniboine 
and Sioux Tribe of the Fort Peck Indian Reservation, Montana, as 
apportioned in accordance with subsection (a) of this section, shall be 
placed on deposit in the United States Treasury to the credit of the 
respective groups. Seventy per centum of such funds shall be distributed 
per capita to their tribal members: Provided, That none of the funds may 
be paid per capita to any person whose name does not appear on the rolls 
prepared pursuant to section 1300d-3(a) of this title. The remainder of 
such funds may be advanced, deposited, expended, invested, or reinvested 
for any purpose designated by the respective tribal governing bodies and 
approved by the Secretary of the Interior: Provided, That, in the case 
of the Assiniboine and Sioux Tribe of the Fort Peck Reservation, 
Montana, the Fort Peck Sisseton-Wahpeton Sioux Council shall act as the 
governing body in determining the distribution of funds allotted for 
programing purposes: Provided further, That the Sisseton-Wahpeton Sioux 
Tribe of South Dakota shall act in concert with its membership residing 
in the Upper Sioux Community in Minnesota and its membership affiliated 
with the Urban Sisseton-Wahpeton Council of the Minneapolis-Saint Paul 
area in jointly submitting programing proposals to the Secretary.

(c) Per capita distribution to enrollees

    The funds allocated to all other Sisseton and Wahpeton Sioux, as 
provided in subsection (a) of this section, shall be distributed per 
capita to the persons enrolled on the roll prepared by the Secretary 
pursuant to section 1300d-3(b) of this title.

(Pub. L. 92-555, title II, Sec. 202, Oct. 25, 1972, 86 Stat. 1169; Pub. 
L. 105-387, Sec. 7(d)(1), Nov. 13, 1998, 112 Stat. 3474.)

                       References in Text

    The Indian Claims Commission, referred to in subsec. (a), terminated 
Sept. 30, 1978. See Codification note set out under former section 70 et 
seq. of this title.
    The Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998, 
referred to in subsec. (a), is Pub. L. 105-387, Nov. 13, 1998, 112 Stat. 
3471, which is classified principally to part B (Sec. 1300d-21 et seq.) 
of this subchapter. For complete classification of this Act to the Code, 
see Short Title note set out under section 1300d of this title and 
Tables.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-387, Sec. 7(d)(1)(B), in table struck 
out at end item which had apportioned 25.0225 percent of funds to all 
other Sisseton and Wahpeton Sioux.
    Pub. L. 105-387, Sec. 7(d)(1)(A)(ii), which directed amendment of 
introductory provisions by inserting ``plus interest received (other 
than funds otherwise distributed to the Sisseton and Wahpeton Tribes of 
Sioux Indians in accordance with the Mississippi Sioux Tribes Judgment 
Fund Distribution Act of 1998),'' after ``docket numbered 359,'' was 
executed by making the insertion after ``docket numbered 359'', to 
reflect the probable intent of Congress and the amendment by Pub. L. 
105-387, Sec. 7(d)(1)(A)(i). See below.
    Pub. L. 105-387, Sec. 7(d)(1)(A)(i), struck out ``, plus accrued 
interest,'' after ``docket numbered 359'' in introductory provisions.

                  Section Referred to in Other Sections

    This section is referred to in sections 1300d-10, 1300d-26, 1300d-27 
of this title.
