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U.S. Code as of:
01/19/04
Section 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.
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