§ 873. — Per capita payments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC873]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXXVIII--OTOE AND MISSOURIA INDIANS
Sec. 873. Per capita payments
(a) Enrollees, next of kin or legatees
The Secretary shall make per capita payments directly to a living
enrollee, except as provided in subsection (b) of this section. The
Secretary shall distribute the share of a person determined to be
eligible for enrollment but who dies subsequent to May 9, 1958, and on
whose behalf the application is filed and approved, and the share of a
deceased enrollee, directly to his next of kin or legatee as determined
by the laws of the place of domicile of the decedent, upon proof of
death and inheritance satisfactory to the Secretary, whose findings upon
such proof shall be final and conclusive.
(b) Minors and persons under legal disability
Per capita payments due persons under twenty-one years of age or
persons under legal disability shall be made in accordance with the laws
of the place of domicile of such person, or in accordance with such
procedures as the Secretary determines will adequately protect the best
interests of such persons.
(c) Payments not subject to debts; tax exemption
No part of any per capita payment shall be subject to any debt or
debts, other than to the United States, created prior to May 9, 1958, by
a person of Indian blood, and such per capita payments shall not be
taxable.
(Pub. L. 85-395, Sec. 3, May 9, 1958, 72 Stat. 106; Pub. L. 86-540, June
29, 1960, 74 Stat. 252.)
Amendments
1960--Subsec. (b). Pub. L. 86-540 authorized per capita payments to
be made in accordance with such procedures as the Secretary determines
will adequately protect the best interests of the persons.
