25 C.F.R. § 111.1

Persons to share payments

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In making all annuity and other per capita payments, the funds shall be equally divided among the Indians entitled thereto share and share alike. The roll for such payments should be prepared on Form 5-322, 1 in strict alphabetical order by families of husband, wife, and unmarried dependent minor children. Unless otherwise instructed,

1 Forms may be obtained from the Commissioner of Indian Affairs, Washington, D.C.

(a) Indians of both sexes may be considered adults at the age of 18 years;

(b) Deceased enrollees may be carried on the rolls for one payment after death;

(c) Where final rolls have been prepared constituting the legal membership of the tribe, only Indians whose names appear thereon are entitled to share in future payments, after-born children being excluded and the shares of deceased enrollees paid to the heirs if determined or if not determined credited to the estate pending determination; and

(d) The shares of competent Indians will be paid to them directly and the shares of incompetents and minors deposited for expenditure under the individual Indian money regulations.

Cross References:

For regulations pertaining to the determination of heirs and approval of wills, see part 15 and subpart G of part 11 of this chapter. For individual Indian money regulations, see part 115 of this chapter.

Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Montgomery v. Flandreau Santee Sioux Tribe, 905 F. Supp. 740 (D.S.D. 1995).
Montgomery v. Flandreau Santee Sioux Tribe, 905 F. Supp. 740 (D.S.D. 1995). “§ 2710 , by making per capita payments from net gaming proceeds that are not equally divided among tribal members as contemplated by 25 C.F.R. § 111.1 (1995). Even assuming that defendants violated § 2710 and that plaintiffs have been harmed by the violation, that alone does not…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.