DISTRIBUTION OF CERTAIN UNDISTRIBUTED JUDGMENT FUNDS AWARDED TO CREEK NATION SOURCE Pub. L. 90-504, Sec. 2, Sept. 21, 1968, 82 Stat. 855. Pub. L. 98-390, Aug. 21, 1984, 98 Stat. 1356, provided: That, notwithstanding Public Law 90-506 (25 U.S.C. 788e et seq.) and any other provision of law, any funds appropriated by Public Law 89-697 (Oct. 27, 1966, 80 Stat. 1057) in satisfaction of a judgment awarded the Muscogee (Creek) Nation of Oklahoma in docket numbered 276 of the Indian Claims Commission which have not been distributed on the date of enactment of this Act (Aug. 21, 1984) (including all interest and investment income accrued thereon) shall be distributed by the Secretary of the Interior to the Muscogee (Creek) Nation of Oklahoma as needed to make expenditures for any plan or program authorized by ordinance of such Nation. Sec. 2. (a) Notwithstanding Public Law 90-504 (25 U.S.C. 788a et seq.) and any other provision of law, any funds appropriated by Public Law 89-16 (Apr. 30, 1965, 79 Stat. 81) in satisfaction of a judgment awarded the Creek Nation of Indians in docket numbered 21 of the Indian Claims Commission which have not been distributed on the date of enactment of this Act (Aug. 21, 1984) (including all interest and investment income accrued thereon) shall be used and distributed in accordance with the provisions of this section. (b)(1) The Secretary of the Interior (hereinafter in this section referred to as the Secretary) shall allocate - (A) 81.6196 per centum of the funds described in subsection (a) to the Muscogee (Creek) Nation of Oklahoma, and (B) 18.3804 per centum of the funds described in subsection (a) to the Eastern Creeks. (2) The funds allocated to the Muscogee (Creek) Nation of Oklahoma under paragraph (1) shall be distributed to such Nation by the Secretary as needed to make expenditures for any plan or program authorized by ordinance of such Nation. (3) (A) The funds allocated to the Eastern Creeks under paragraph (1) shall be held in trust and invested by the Secretary for the benefit of the Eastern Creeks. Sec. 3. (a) If one or more of the Eastern Creek entities that have filed a petition for Federal acknowledgement are acknowledged to be an Indian tribe on or before December 30, 1984, such tribe or tribes shall be deemed to be a successor entity to the original Eastern Creek group for purposes of distribution of the residual funds in docket numbered 21, and the funds held in trust for the benefit of the Eastern Creeks under section 2 of this Act (including all interest and income accrued thereon) shall be distributed to such tribe or tribes by the Secretary as needed to make any expenditures for any plan or program authorized by ordinance or resolution of such tribe or tribes. (b) If more than one tribal entity is recognized by the Secretary, such funds shall be prorated between the tribes on the basis of their respective base membership rolls on the date of acknowledgement. (c) If none of the Eastern Creeks which have filed a petition for acknowledgement are recognized as an Indian tribe by the Secretary prior to December 30, 1984, the funds held in trust for the Eastern Creeks under this Act (including all interest and income accrued thereon) shall be distributed by the Secretary in the form of per capita payments in addition to any amount appropriated in satisfaction of a judgment awarded the Eastern Creeks in docket numbered 275 of the Indian Claims Commission. Sec. 4. If Federal recognition as an Indian tribe is extended to any Eastern Creek entity prior to distribution of the funds awarded in docket numbered 272 and 275, such tribe or tribes shall be entitled to amend the existing distribution plans for these awards by filing with the Secretary an alternative distribution plan for its proportionate share of funds in these dockets. Based on alleged takings of property belonging to the Creek Nation by the United States Government in the 1800s, several claims for reimbursement were filed before the Indian Claims Commission. Awards were made in 10 of these cases, 2 of which are in controversy here. Docket 21 resulted in an award to the Creek Nation on September 10, 1963. Funds were appropriated for payment of this award on April 30, 1965. A plan of distribution was provided in the Act of September 21, 1968. P.L. 90-504, 82 Stat. 855. Because unexpended funds remained in Docket 21, Congress provided for the disposition of those funds by the Act of August 21, 1984, P.L. 98-390, 98 Stat. 1356. The second award was made in Docket 272 on September 22, 1978. Funds were appropriated for payment of the award on December 11, 1978. A preliminary plan for the distribution of these funds was developed by the Bureau of Indian Affairs (BIA) and approved by the Secretary of the Interior on January 25, 1984. Sec. 788e. - Disposition of judgment funds (a) Preparation of Indian roll; eligibility The Secretary of the Interior shall prepare a roll of the Creek Indians who meet the following requirements: 1. they were born on or prior to and living on September 21, 1968, and 2. their names or the names of lineal ancestors through whom eligibility is claimed appear on either the 1857 or 1859 payment roll prepared pursuant to Article VI of the Treaty of August 7, 1856 (11 Stat. 699), or on the Final Roll of Creeks by Blood closed as of March 4, 1907, pursuant to statute. (b) Applications for enrollment Applications for enrollment shall be filed with the Area Director, Bureau of Indian Affairs, Muskogee, Oklahoma, in the manner, within the time limit, and on the form prescribed for that purpose. The determination of the Secretary of the eligibility for enrollment of an applicant shall be final. chiefmcintosh/census1971/census_1971.htm
Posted on: Wed, 29 Oct 2014 23:01:38 +0000
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