Page:United States Statutes at Large Volume 82.djvu/897

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[82 STAT. 855]
[82 STAT. 855]
PUBLIC LAW 90-000—MMMM. DD, 1968



PUBLIC LAW 90-504-SEPT. 21, 1968


Public Law 90-504 AN ACT

To provide for the disposition of funds appropriated to pay a judgment in favor of the Creek Nation of Indians in Indian Claims Commission docket numbered 21, and for other purposes.

September 21, 1968

[H.R. 14205]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemhUd^ That the Secretary j^aJV^^"^' ^"^^^ of the Interior shall prepare a roll of all persons who meet the follow- judgment funds, ing requirements: (a) they were born on or prior to and were living on disposition, the date of this Act; (b) their names or the names of lineal ancestors appear on any of the documents identified herein or on any available census rolls or other records acceptable to the Secretary, which identify the person as a Creek Indian, including ancient documents or records of the United States located in the National Archives, State or county records in the archives of the several States or counties therein or in the courthouses thereof, and other records that would be admissible as evidence in an action to determine Indian lineage: (1) The Final Rolls of Creeks by Blood which were closed as of March 4, 1907; (2) Claims of Friendly Creeks paid under the Act of March 3, 1817 (H.R. Doc. 200,20:1, 1828); 6 Stat, 191. (3) Census of the Creek Naition, 1833, made pursuant to article 2 of the treaty concluded March 24, 1832 (Senate Doc. 512, 1835, 7 Stat. 366. Emigration Correspondence, 1831-1833, pages 239-395); (4) Land I.»ocation Registers of Creek Indian Lands, made pursuant to the Treaty of March 24, 1832; (5) Any emigration or muster rolls of Creek Indians; (6) Any lists of self-emigrant Creek claimants (including those contained in Senate Ex. Doc. 198, 50:1, 1888, and H.R. Ex. Doc. 238,51:2, 1891). Applications for enrollment must be filed with the Area Director of the Bureau of Indian Affairs, Muskogee, Oklahoma, in the manner and within the time limits prescribed for that purpose. The determination Eligibility. of the Secretary regarding the eligibility of an applicant shall be final. SEC. 2. After the deduction of attorney fees, litigation expenses, the costs of distribution, and the cost of preparing the roll pursuant to section 1 of this Act, the funds, including interest, remaining to the credit of the Creek Nation as constituted August 9, 1814, which were appropriated by the Act of April 30, 1965, to pay a judgment obtained 79 Stat. 81. in Indian Claims Commission docket numbered 21, shall be distributed on a per capita basis to all persons whose names appear on the roll. The funds so distributed shall not be subject to Federal or State Tax exemption. income taxes. Equal shares. SEC. 3. The Secretary shall distribute a share payable to a living Heirs of deenrollee directly to such enrollee or in such manner as is deemed by ceased enrollees the Secretary to be in the enrollee's best interest, and he shall distribute the per capita share of a deceased enrollee 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. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under legal disability shall be paid to the persons who the Secretary determines will best protect their interests. Filing deadline, SEC. 4. The Secretary of the Interior is authorized to prescribe rules etc. and regulations to carry out the provisions of this Act, including establishing an appropriate deadline for filing applications. Approved September 21, 1968.

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