munity 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, § 202, Oct. 25, 1972, 86 Stat. 1169.)

§ 1300d-5. Citizenship requirement

No person shall be eligible to be enrolled under this subchapter who is not a citizen of the United States.

(Pub. L. 92-555, title III, § 301, Oct. 25, 1972, 86 Stat. 1170.)

§ 1300d-6. Election of group for enrollment

Any person qualifying for enrollment with more than one group shall elect the group with which he shall be enrolled for the purpose of this subchapter.

(Pub. L. 92-555, title III, § 302, Oct. 25, 1972, 86 Stat. 1170.)

§ 1300d-7. Protection of minors and persons under legal disability

The sums payable to enrollees or their heirs or legatees who are minors or who are under a legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interest of such persons after considering the recommendations of the governing bodies of the groups involved.

(Pub. L. 92-555, title III, § 303, Oct. 25, 1972, 86 Stat. 1170.)

§ 1300d-8. Income tax exemption

None of the funds distributed per capita under the provisions of this subchapter shall be subject to Federal or State income taxes. (Pub. L. 92-555, title III, § 304, Oct. 25, 1972, 86 Stat. 1170.)

§ 1300d-9. Rules and regulations

The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this subchapter, including the establishment of deadlines.

(Pub. L. 92-555, title III, § 305, Oct. 25, 1972, 86 Stat. 1170.)

SUBCHAPTER LXXVI-ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF JUDGMENT FUND

§ 1300e. Disposition of funds; percentage basis for division; attorney fees and expenses

The funds appropriated by the Act of January 8, 1971 (84 Stat. 1981), to pay a judgment to the Assiniboine Tribes of the Fort Peck and

Fort Belknap Reservations, Montana, in Indian Claims Commission docket numbered 279–A, together with interest thereon, after payment of attorney fees and litigation expenses, shall be divided by the Secretary of the Interior on the basis of 50 per centum to the Assiniboine Tribe of the Fort Peck Reservation and 50 per centum to the Assiniboine Tribe of the Fort Belknap Reservation.

(Pub. L. 92-557, § 1, Oct. 25, 1972, 86 Stat. 1171.) REFERENCES IN TEXT

The Act of January 8, 1971 (84 Stat. 1981), referred to in text, is act Jan. 8, 1971, Pub. L. 91-665, 84 Stat. 1981, known as the Supplemental Appropriation Act, 1970. That portion of act Jan. 8, 1970 which appropriated the funds referred to was not classified to the Code.

§ 1300e-1. Per capita shares to members of Assiniboine Tribe of Fort Peck Reservation; deduction; eligibility for payments

The share of the Assiniboine Tribe of the Fort Peck Reservation, after deducting $50,000 to be used as provided in section 1300e-2 of this title, and after deducting the estimated costs of distribution and all other appropriate expenses, shall be distributed per capita to each person born on or before, and living on, October 25, 1972, who is a citizen of the United States, is duly enrolled on the approved roll of the Assiniboine and Sioux Tribes of the Fort Peck Reservation, and is of Assiniboine lineal descent: Provided, That persons in the following categories shall not be eligible to receive a per capita payment: (a) persons who possess a greater degree of Fort Peck Sioux blood than Fort Peck Assiniboine blood, (b) persons who possess equal degrees of Fort Peck Assiniboine and Fort Peck Sioux blood and who elect to be enrolled as Sioux, and (c) persons who participated, or were eligible to participate, in the distribution of funds under the provisions of subchapter LXII of this chapter, for the disposition of the judgment of the Sioux Tribe of the Fort Peck Reservation in docket numbered 279A.

(Pub. L. 92-557, § 2, Oct. 25, 1972, 86 Stat. 1171.)

REFERENCES In Text

Subchapter LXII [§ 1201 et seq.] of this chapter, referred to in text, was in the original a reference to Act June 19, 1970 (84 Stat. 313).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1300e-2 of this title.

§ 1300e-2. Expenditure of withheld funds for certain salaries and expenses; additional per capita distributions

Upon agreement by the Fort Peck Assiniboine Tribe and the Fort Peck Sioux Tribe on the amount each agrees to contribute from the award to each tribe in Indian Claims Commission docket numbered 279-A, the agreed contribution of the Fort Peck Assiniboine Tribe shall be withdrawn from the $50,000, and interest thereon, withheld from per capita distribution pursuant to section 1300e-1 of this title, and shall be credited to the joint account for expenditure pursuant to the Act of June 29, 1954 (68

Stat. 329): Provided, That upon request of the Fort Peck Assiniboine Tribe the Secretary of the Interior in his discretion may distribute all or part of the aforesaid $50,000 and interest thereon per capita to each person eligible under section 1300e-1 of this title.

(Pub. L. 92-557, § 3, Oct. 25, 1972, 86 Stat. 1171.) REFERENCES IN TEXT

The Act of June 29, 1954 (68 Stat. 329), referred to in text, is act June 29, 1954, ch. 421, 68 Stat. 329, which was not classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300e-1 of this title.

§ 1300e-3. Per capita shares to members of Assiniboine Tribe of Fort Belknap Reservation; deductions; eligibility for payments

The share of the Assiniboine Tribe of the Fort Belknap Reservation, after deducting $100,000 to be used as provided in section 1300e-4 of this title, and after deducting the estimated costs of distribution and all other appropriate expenses, shall be distributed per capita to each person born on or before, and living on, October 25, 1972, who is a citizen of the United States, is duly enrolled on the approved roll of the organized Fort Belknap Community, and is of Assiniboine lineal descent: Provided, That persons in the following categories shall not be eligible to receive a per capita payment: (a) persons who possess a greater degree of Gros Ventre blood than Assiniboine blood, (b) persons who possess equal degrees of Fort Belknap Assiniboine and Fort Peck Gros Ventre blood and who elect to be enrolled as Gros Ventre, and (c) persons who participated, or were eligible to participate, in the distribution of funds under subchapter LXVIII of this chapter, for the disposition of the judgment of the Blackfeet Tribe and the Gros Ventre Tribe in Indian Claims Commission docket numbered 279-A.

(Pub. L. 92-557, § 4, Oct. 25, 1972, 86 Stat. 1171.)

REFERENCES IN TEXT

Subchapter LXVIII [§ 1261 et seq.] of this chapter, referred to in text, was in the original a reference to Act March 18, 1972 (Public Law 92-254).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1300e-4 of this title.

§ 1300e-4. Expenditure of withheld funds for authorized purposes; community projects; additional per capita distributions

The $100,000 withheld from distribution under section 1300e-3 of this title, and interest thereon, may be used for any purpose authorized by the Assiniboine Treaty Committee of the Fort Belknap Assiniboine Tribe and approved by the Secretary of the Interior, including contributions to Reservation community projects and further per capita distribution. (Pub. L. 92-557, § 5, Oct. 25, 1972, 86 Stat. 1172.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300e-3 of this title.

§ 1300e-5. Per capita shares; reversion to tribe

The per capita shares shall be determined on the basis of the number of persons eligible for per capitas and the number of persons rejected for per capitas who have taken a timely appeal. The shares of those persons whose appeals are denied shall revert to the tribe from whose share the per capita would have been paid, to be expended for any purpose designated by such tribe and approved by the Secretary. (Pub. L. 92-557, § 6, Oct. 25, 1972, 86 Stat. 1172.)

§ 1300e-6. Income tax exemption; protection of minors and persons under legal disability None of the funds distributed per capita under the provisions of this subchapter shall be subject to Federal or State income taxes. Sums payable to persons under eighteen years of age or under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines will protect the best interests of such persons.

(Pub. L. 92-557, § 7, Oct. 25, 1972, 86 Stat. 1172.)

SUBCHAPTER III-JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS 1321. Assumption by State of criminal jurisdiction. (a) Consent of United States; force and effect of criminal laws.

(b) Alienation, encumbrance, taxation, and use of property; hunting, trapping, or fishing.

1322. Assumption by State of civil jurisdiction. (a) Consent of United States; force and effect of civil laws.

(b) Alienation, encumbrance, taxation, use, and probate of property.

(c) Force and effect of tribal ordinances or customs.

1323. Retrocession of jurisdiction by State. 1324. Amendment of State constitutions or statutes to remove legal impediment; effective date. 1325. Abatement of actions.

1326. Special election.

SUBCHAPTER IV-EMPLOYMENT OF LEGAL COUNSEL

1331. Approval.

For purposes of this subchapter, the term(1) "Indian tribe" means any tribe, band, or other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government;

(2) "powers of self-government" means and includes all governmental powers possessed by an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals by and through which they are executed, including courts of Indian offenses; and

(3) "Indian court" means any Indian tribal court or court of Indian offense.

(Pub. L. 90-284, title II, § 201, Apr. 11, 1968, 82 Stat. 77.)

§ 1302. Constitutional rights

No Indian tribe in exercising powers of selfgovernment shall

(1) make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;

(2) violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;

(3) subject any person for the same offense to be twice put in jeopardy;

(4) compel any person in any criminal case to be a witness against himself;

(5) take any private property for a public use without just compensation;

(6) deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense;

(7) require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of six months or a fine of $500, or both;

(8) deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law;

(9) pass any bill of attainder or ex post facto law; or

(10) deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons.

(Pub. L. 90-284, title II, § 202, Apr. 11, 1968, 82 Stat. 77.)

§ 1303. Habeas corpus

The privilege of the writ of habeas corpus shall be available to any person, in a court of the United States, to test the legality of his detention by order of an Indian tribe.

(Pub. L. 90-284, title II, § 203, Apr. 11, 1968, 82 Stat. 78.)

SUBCHAPTER II-MODEL CODE GOVERNING COURTS OF INDIAN OFFENSES § 1311. Model code

The Secretary of the Interior is authorized and directed to recommend to the Congress, on or before July 1, 1968, a model code to govern the administration of justice by courts of Indian offenses on Indian reservations. Such code shall include provisions which will (1) assure that any individual being tried for an offense by a court of Indian offenses shall have the same rights, privileges, and immunities under the United States Constitution as would be guaranteed any citizen of the United States being tried in a Federal court for any similar offense, (2) assure that any individual being tried for an offense by a court of Indian offenses will be advised and made aware of his rights under the United States Constitution, and under any tribal constitution applicable to such individual, (3) establish proper qualifications for the office of judge of the court of Indian offenses, and (4) provide for the establishing of educational classes for the training of judges of courts of Indian offenses. In carrying out the provisions of this subchapter, the Secretary of the Interior shall consult with the Indians, Indian tribes, and interested agencies of the United States.

(Pub. L. 90-284, title III, § 301, Apr. 11, 1968, 82 Stat. 78.)

§ 1312. Authorization of appropriations

There is hereby authorized to be appropriated such sum as may be necessary to carry out the provisions of this subchapter.

(Pub. L. 90-284, title III, § 302, Apr. 11, 1968, 82 Stat. 78.)

SUBCHAPTER III-JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS

§ 1321. Assumption by State of criminal jurisdiction (a) Consent of United States; force and effect of criminal laws

The consent of the United States is hereby given to any State not having jurisdiction over criminal offenses committed by or against Indians in the areas of Indian country situated within such State to assume, with the consent of the Indian tribe occupying the particular Indian country or part thereof which could be affected by such assumption, such measure of jurisdiction over any or all of such offenses committed within such Indian country or any

part thereof as may be determined by such State to the same extent that such State has jurisdiction over any such offense committed elsewhere within the State, and the criminal laws of such State shall have the same force and effect within such Indian country or part thereof as they have elsewhere within that State.

(b) Alienation, encumbrance, taxation, and use of property; hunting, trapping, or fishing Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under Federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof.

(Pub. L. 90-284, title IV, § 401, Apr. 11, 1968, 82 Stat. 78.)

§ 1322. Assumption by State of civil jurisdiction

(a) Consent of United States; force and effect of civil laws

The consent of the United States is hereby given to any State not having jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country situated within such State to assume, with the consent of the tribe occupying the particular Indian country or part thereof which would be affected by such assumption, such measure of jurisdiction over any or all such civil causes of action arising within such Indian country or any part thereof as may be determined by such State to the same extent that such State has jurisdiction over other civil causes of action, and those civil laws of such State that are of general application to private persons or private property shall have the same force and effect within such Indian country or part thereof as they have elsewhere within that State.

(b) Alienation, encumbrance, taxation, use, and probate of property

Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute, or with any regulation made pursuant thereto; or shall confer jurisdiction upon the State to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest therein.

(c) Force and effect of tribal ordinances or customs Any tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band, or community in the exercise of any authority which it may possess shall, if not inconsistent with any applicable civil law of the State, be given full force and effect in the determination of civil causes of action pursuant to this section.

(Pub. L. 90-284, title IV, § 402, Apr. 11, 1968, 82 Stat. 79.)

§ 1323. Retrocession of jurisdiction by State

(a) The United States is authorized to accept a retrocession by any State of all or any measure of the criminal or civil jurisdiction, or both, acquired by such State pursuant to the provisions of section 1162 of title 18, section 1360 of title 28, or section 7 of the Act of August 15, 1953 (67 Stat. 588), as it was in effect prior to its repeal by subsection (b) of this section.

(b) Section 7 of the Act of August 15, 1953, (67 Stat. 588), is hereby repealed, but such repeal shall not affect any cession or jurisdiction made pursuant to such section prior to its repeal.

(Pub. L. 90-284, title IV, § 403, Apr. 11, 1968, 82 Stat. 79.)

REFERENCES IN TEXT

Section of the Act of August 15, 1953 (67 Stat. 588), referred to in text, is section 7 of act Aug. 15, 1953, ch. 505, 67 Stat. 588, which was set out as a note under section 1360 of Title 28, Judiciary and Judicial Procedure.

Ex. ORD. No. 11435. DESIGNATING SECRETARY OF INTERIOR TO ACCEPT RETROCESSION OF JURISDICTION BY STATE

Ex. Ord. No. 11435, Nov. 21, 1968, 33 F.R. 17339, provided:

By virtue of the authority vested in me by section 465 of the Revised Statutes (25 U.S.C. 9) and as President of the United States, the Secretary of the Interior is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President or of any other officer of the United States, any and all authority conferred upon the United States by Section 403(a) of the Act of April 11, 1968, 82 Stat. 79 (25 U.S.C. 1323(a)): Provided, That acceptance of retrocession of all or any measure of civil or criminal jurisdiction, or both, by the Secretary hereunder shall be effected by publication in the FEDERAL REGISTER of a notice which shall specify the jurisdiction retroceded and the effective date of the retrocession: Provided further, That acceptance of such retrocession of criminal jurisdiction shall be effected only after consultation by the Secretary with the Attorney General.

LYNDON B. JOHNSON.

§ 1324. Amendment of State constitutions or statutes to remove legal impediment; effective date Notwithstanding the provisions of any enabling Act for the admission of a State, the consent of the United States is hereby given to the people of any State to amend, where necessary, their State constitution or existing statutes, as the case may be, to remove any legal impediment to the assumption of civil or criminal jurisdiction in accordance with the provisions of this subchapter. The provisions of this subchapter shall not become effective with respect

to such assumption of jurisdiction by any such State until the people thereof have appropriately amended their State constitution or statutes, as the case may be.

(Pub. L. 90-284, title IV, § 404, Apr. 11, 1968, 82 Stat. 79.)

§ 1325. Abatement of actions

(a) No action or proceeding pending before any court or agency of the United States immediately prior to any cession or jurisdiction by the United States pursuant to this subchapter shall abate by reason of that cession. For the purposes of any such action or proceeding, such cession shall take effect on the day following the date of final determination of such action or proceeding.

(b) No cession made by the United States under this subchapter shall deprive any court of the United States of jurisdiction to hear, determine, render judgment, or impose sentence in any criminal action instituted against any person for any offense committed before the effective date of such cession, if the offense charged in such action was cognizable under any law of the United States at the time of the commission of such offense. For the purposes of any such criminal action, such cession shall take effect on the day following the date of final determination of such action.

(Pub. L. 90-284, title IV, § 405, Apr. 11, 1968, 82 Stat. 80.)

§ 1326. Special election

State jurisdiction acquired pursuant to this subchapter with respect to criminal offenses or civil causes of action, or with respect to both, shall be applicable in Indian country only where the enrolled Indians within the affected area of such Indian country accept such jurisdiction by a majority vote of the adult Indians voting at a special election held for that purpose. The Secretary of the Interior shall call such special election under such rules and regulations as he may prescribe, when requested to do so by the tribal council or other governing body, or by 20 per centum of such enrolled adults.

(Pub. L. 90-284, title IV, § 406, Apr. 11, 1968, 82 Stat. 80.)

SUBCHAPTER IV-EMPLOYMENT OF LEGAL COUNSEL

§ 1331. Approval

Notwithstanding any other provision of law, if any application made by an Indian, Indian tribe, Indian council, or any band or group of Indians under any law requiring the approval of the Secretary of the Interior or the Commissioner of Indian Affairs of contracts or agreements relating to the employment of legal counsel (including the choice of counsel and the fixing of fees) by any such Indians, tribe, council, band, or group is neither granted nor denied within ninety days following the making of such application, such approval shall be deemed to have been granted.

(Pub. L. 90-284, title VI, § 601, Apr. 11, 1968, 82 Stat. 80.)

SUBCHAPTER V-MATERIALS AND

PUBLICATIONS

§ 1341. Authorization of Secretary

(a) Revision of document on "Indian Affairs, Laws and Treaties" and treatise on "Federal Indian Laws"; compilation of official opinions; printing and republication

In order that the constitutional rights of Indians might be fully protected, the Secretary of the Interior is authorized and directed to

(1) have the document entitled "Indian Affairs, Laws and Treaties" (Senate Document Numbered 319, volumes 1 and 2, Fifty-eighth Congress), revised and extended to include all treaties, laws, Executive orders, and regulations relating to Indian affairs in force on September 1, 1967, and to have such revised document printed at the Government Printing Office;

(2) have revised and republished the treatise entitled “Federal Indian Law"; and

(3) have prepared, to the extent determined by the Secretary of the Interior to be feasible, an accurate compilation of the official opinions, published and unpublished, of the Solicitor of the Department of the Interior relating to Indian affairs rendered by the Solicitor prior to September 1, 1967, and to have such compilation printed as a Government publication at the Government Printing Office.

(b) Current services

With respect to the document entitled "Indian Affairs, Laws and Treaties" as revised and extended in accordance with paragraph (1) of subsection (a) of this section, and the compilation prepared in accordance with paragraph (3) of such subsection, the Secretary of the Interior shall take such action as may be necessary to keep such document and compilation current on an annual basis.

(c) Authorization of appropriations

There is authorized to be appropriated for carrying out the provisions of this subchapter such sum as may be necessary.

(Pub. L. 90-284, title VII, § 701, Apr. 11, 1968, 82 Stat. 80; Pub. L. 93-265, Apr. 12, 1974, 88 Stat. 84.)

AMENDMENTS

1974-Subsec. (c). Pub. L. 93-265 deleted ", with respect to the preparation but not including printing.” preceding "such sum".

CHAPTER 16-DISTRIBUTION OF JUDGMENT FUNDS

Sec.

1401. Funds appropriated in satisfaction of judgments of Indian Claims Commission or Court of Claims; use and distribution.

1402. Plan for use or distribution of funds.

(a) Preparation and submission to Congress by Secretary of the Interior.

(b) Extension of time for preparation and submission of plan.

(c) Notification of affected Indian tribe.

1403. Preparation of plan; prerequisites to final preparation; guidelines for plan formulation. 1404. Hearing transcripts and tribal support statements; submission to Congress with plan.