Page:United States Statutes at Large Volume 62 Part 1.djvu/627

 80TH CONG. , 2 D SESS.-CH. 618-JUNE 24, 1948 United States for the failure of the United States, its officers, agents, and employees, to sell such properties in accordance with the terms and provisions of said Supplemental Agreement of 1902, or for any other failure alleged to have occurred in connection with the sale, lease, and administration of such properties. "4. The purchase price when appropriated shall be allocated three- fourths (3/4) to the Choctaw Nation and one-fourth (1/4) to the Chickasaw Nation, and shall be distributed per capita by the Secretary of the Interior to the enrolled members of said Nations, exclusive of persons enrolled as Freedmen, who, under the Atoka Agreement (30 Stat. 495) are not entitled to share in this distribution. The share of a deceased member shall be distributed to his heirs or devisees deter- mined in conformity with the law applicable at the date of the death of the deceased member, or the date of the death of his heirs or devisees. "Before payment is made to the heirs of any deceased member, proof of death and heirship satisfactory to the Superintendent for the Five Civilized Tribes Agency must be made, and the finding of said Super- intendent upon such proof shall be final and conclusive. Such per capita payments shall be made directly to such members, or their heirs or devisees, any restrictions of law to the contrary notwithstanding, except that payments due to adults under legal disability, or to minors, may be made, under such rules and regulations as the Commissioner of Indian Affairs may prescribe, to legal guardians or curators of such adults or minors, or to natural guardians where legal guardians or curators have not been appointed. "No expenditure of any kind or character shall be allowed the United States as an offset or claim for reimbursement against the proceeds from the sale of such lands and mineral deposits. "5. All proceeds from the sale of any of the properties mentioned herein made subsequent to the date of this contract, and prior to the appropriation of the purchase price, shall be credited on the purchase price. All royalties from any coal, asphalt, oil, gas, or other minerals mined from the herein mentioned properties, until the first of the month in which the purchase price shall be appropriated, the balance of the purchase price of any sales made prior to the date of this con- tract, and such other moneys as may be due the Choctaw and Chicka- saw Nations from said properties, shall, when paid, be placed to the credit of the Choctaw and Chickasaw Nations on the books of the Treasury of the United States. "6. This agreement shall not be binding upon the Choctaw and Chickasaw Nations until it has been duly approved by a majority of the living enrolled eligible voters of the Choctaw and Chickasaw Nations voting at a special election called for such purpose pursuant to the Act of June 28, 1944, and shall not be binding upon the United States until ratified by the Congress of the United States. "In Witness Whereof, the representatives of the parties hereto do hereunto affix their names this the 8th day of October, One Thousand Nine Hundred and Forty-Seven." "J. A. KRUG, "Secretary of the Interior. "WmLIAM A. DURANT, "Principal Chief of the Choctaw Nation. "FLOYD E. MAYTUBBY, "Governor of the Chickasaw Nation." Approved June 24, 1948. 62 STAT.] 597 32 Stat. 641. Allocation of pur- chase price. Proof of death and heirship. Proceeds from sale of property. Royalties. Approval and rsti- fication. 58 Stat. 483.

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