Page:United States Statutes at Large Volume 96 Part 2.djvu/921

 PUBLIC LAW 97-436—JAN. 8, 1983

96 STAT. 2283

Public Law 97-436 97th Congress An Act To provide for the distribution of Warm Springs judgment funds awarded in docket numbered 198 before the Indian Claims Commission, and for other purposes.

Jan. 8, 1983 [H.R. 6243]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That notwithstand- Confederated ing any provision of the Act approved October 19, 1973 (25 U.S.C. Tribes of the Warm Springs 1401 et seq.), any other law, and any regulation or plan promulgated Reservation, pursuant to such Act or any other law, the funds appropriated by distribution of the Act approved January 3, 1974 (87 Stat. 1071), for the award to judgment funds. the Confederated Tribes of the Warm Springs Reservation in docket numbered 198 before the Indian Claims Commission, including all interest and investment income accrued, less attorney fees and litigation expenses, shall be distributed in accordance with section 2 of this Act. SEC. 2. The Secretary of the Interior (hereinafter in this Act Distribution on referred to as the "Secretary") shall distribute the funds referred to per capita basis. in the first section of this Act to the individuals enrolled by the Secretary under section 3 of this Act on a per capita basis in the following manner: (1) The per capita share of a living competent individual who has attained the age of eighteen shall be paid directly to such individual. (2) The per capita shares of deceased individual beneficiaries shall be determined and distributed in accordance with 43 CFR part 4, subpart D. In the event an individual dies intestate without heirs, the per capita share of the individual shall escheat to the Coi^ederated Tribes of the Warm Springs Reservation. (3) The per capita share of an individual under the age of eighteen or an individual determined by the Secretary to be incompetent to handle his own affairs shall be (A) distributed in accordance with such procedures as the Secretary determines to be necessary to protect the interests of such individual, or (B) in the discretion of the Secretary, held in trust for the benefit of such individual. SEC. 3. The Secretary shall prepare, under such procedures as he Membership may establish by regulation, a roll of all members of the Confeder- roll. ated Tribes of the Warm Springs Reservation who— (1) were born on or prior to, and were alive on, the date of enactment of this Act, but also including deceased persons who were alive and enrolled as of February 18, 1975, and, (2) have not participated in— (A) the distribution to the Malheur Paiutes under the provisions of the Act approved August 20, 1964 (78 Stat. 25 USC 563), (B) a distribution pursuant to any other judgment under 1011-1015. the Act approved August 13, 1946 (25 U.S.C. 70 et seq.), or

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