[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC613]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XIX--SHOSHONE AND ARAPAHO TRIBES OF WYOMING
Sec. 613. Advances or expenditures from tribal funds; emergency
and educational loans; payments to individuals of tribes; per
capita payments not subject to liens or claims; exception
Notwithstanding any other provision of existing law, the trust funds
credited to the Shoshone Tribe and the Arapahoe Tribe, respectively,
under the provisions of this subchapter shall be available for
expenditure or for advance to the tribes for such purposes as may be
requested by the business council of the tribe concerned and approved by
the Secretary of the Interior, or such official as may be designated by
him: Provided, That the Secretary of the Interior is directed to make
available out of the trust funds of the Shoshone Tribe the sum of $7,500
for the purpose of making emergency and educational loans on the
authority and responsibility of the Shoshone Tribe, through its business
council, without liability to the United States and free from regulation
or approval by the Secretary of the Interior: Provided further, That,
commencing as soon after August 8, 1958 as the Secretary of the Interior
determines may be practicable in order to change from the existing
quarterly payment system, but not later than January 1, 1959, 85 per
centum of said trust funds shall be paid per capita to the members of
the respective tribes in equal monthly installments on the first day of
each month, or as near thereto as practicable, or with the approval of
the Secretary of the Interior, at such more frequent intervals as the
tribes may request. The amount of the monthly payments during any one
calendar year shall be determined by the Secretary of the Interior on
the basis of estimated anticipated income for that calendar year:
Provided further, That the Secretary may increase or decrease the amount
of the monthly payments in the light of actual receipts during the
calendar year, and in order to avoid the omission of a payment or a
reduction in the amount that would cause unnecessary hardship the
Secretary may permit the total monthly payments for a year to exceed 85
per centum of the actual receipts for that year and deduct the excess
from the receipts of the following or succeeding years before
determining the amount of the monthly payments for such succeeding
years: Provided further, That said per capita payments shall not be
subject to any lien or claim of any nature against any of the members of
said tribes unless the business council of such member shall consent
thereto in writing, except as to reimbursable Treasury loans made to
individual members of either tribe which may be due to the United
States, and except as to irrigation charges owed by individual Indians
to the United States with respect to lands for which water is requested
and received by said individual Indians, and with respect to lands that
are determined by the Secretary of the Interior to be properly
classified under existing law on the basis of the survey undertaken by
the Secretary after the amendment of this section on July 25, 1956 (70
Stat. 642): Provided further, That quarterly per capita payments under
this subchapter shall continue without interruption until the monthly
per capita payments are put into effect on or before January 1, 1959.
(May 19, 1947, ch. 80, Sec. 3, 61 Stat. 102; Aug. 30, 1951, ch. 367,
Sec. 2, 65 Stat. 209; July 17, 1953, ch. 223, 67 Stat. 179; Aug. 9,
1955, ch. 638, 69 Stat. 557; July 25, 1956, ch. 723, Sec. 1, 70 Stat.
642; Pub. L. 85-610, Sec. 2, Aug. 8, 1958, 72 Stat. 541.)
Amendments
1958--Pub. L. 85-610 substituted ``business council'' for ``tribal
council'', to authorize $7,500 for emergency and educational loans,
permitted monthly payments instead of quarterly payments and allowed for
payments at more frequent intervals if the tribes so request, required
the Secretary to determine the amount of monthly payments during any
calendar year on the basis of estimated anticipated income for that
calendar year, provided for increases and decreases in monthly payments
and omitted provisions which related to authority of the Secretary to
protect and conserve funds payable to minors and incompetents.
1956--Act July 25, 1956, increased per capita payments from 80 to 85
percent, extended period of payments from May 19, 1957, to May 19, 1959,
subjected per capita payments to irrigation charges with respect to
lands that are determined by the Secretary of the Interior to to be
properly classified under existing law on the basis of a survey, and
inserted provisions relating to authority of the Secretary to protect
and conserve funds payable to minors and incompetents.
1955--Act Aug. 9, 1955, permitted quarterly per capita payments
instead of semiannual payments.
1953--A
