§1300d–26. Distribution of funds to lineal descendants

(a) In general

Subject to section 1300d–27(e) of this title, the Secretary shall, in the manner prescribed in section 1300d–4(c) of this title, distribute to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians an amount equal to 71.6005 percent of the funds described in section 1300d–22 of this title, subject to any reduction determined under subsection (b) of this section.

(b) Adjustments

(1) In general

Subject to section 1300d–27(e) of this title, if the number of individuals on the final roll of lineal descendants certified by the Secretary under section 1300d–3(b) of this title is less than 2,588, the Secretary shall distribute a reduced aggregate amount to the lineal descendants referred to in subsection (a) of this section, determined by decreasing-

(A) the percentage specified in section 1300d–23(a)(B)(ii) ¹ of this title by a percentage amount equal to-

(i) .0277; multiplied by

(ii) the difference between 2,588 and the number of lineal descendants on the final roll of lineal descendants, but not to exceed 600; and

(B) the percentage specified in subsection (a) of this section by the percentage amount determined under subparagraph (A).

(2) Distribution

If a reduction in the amount that otherwise would be distributed under subsection (a) of this section is made under paragraph (1), an amount equal to that reduction shall be added to the amount available for distribution under section 1300d–23(a)(1) of this title, for distribution in accordance with section 1300d–23(a)(2) of this title.

(c) Verification of ancestry

In seeking to verify the Sisseton and Wahpeton Mississippi Sioux Tribe ancestry of any person applying for enrollment on the roll of lineal descendants after January 1, 1998, the Secretary shall certify that each individual enrolled as a lineal descendant can trace ancestry to a specific Sisseton or Wahpeton Mississippi Sioux Tribe lineal ancestor who was listed on-

(1) the 1909 Sisseton and Wahpeton annuity roll;

(2) the list of Sisseton and Wahpeton Sioux prisoners convicted for participating in the outbreak referred to as the "1862 Minnesota Outbreak";

(3) the list of Sioux scouts, soldiers, and heirs identified as Sisseton and Wahpeton Sioux on the roll prepared pursuant to the Act of March 3, 1891 (26 Stat. 989 et seq., chapter 543); or

(4) any other Sisseton or Wahpeton payment or census roll that preceded a roll referred to in paragraph (1), (2), or (3).

( Pub. L. 105–387, §7, Nov. 13, 1998, 112 Stat. 3474 .)

References in Text

Act of March 3, 1891, referred to in subsec. (c)(3), is act Mar. 3, 1891, ch. 543, 26 Stat. 989 . Provisions of the act relating to preparation of the roll are not classified to the Code.

Codification

Section is comprised of section 7 of Pub. L. 105–387. Subsec. (d) of section 7 of Pub. L. 105–387 amended sections 1300d–3 and 1300d–4 of this title.

¹ So in original. Probably should be section "1300d–23(a)(1)(B)(ii)".