Regulations have been published in the Federal Register to cover distribution of nearly $3 million awarded the Confederated Tribes of Weas, Piankashaw, Peoria and Kaskaskia Indians by the Indian Claims commission under two different dockets, Marvin L. Franklin, Assistant to the Secretary for Indian Affairs, announced today.
The Indian Claims commission is a special tribunal established under a congressional act of August 13, 1946 to consider claims of Indian tribes, bands, or other identifiable groups for monetary judgments -- against the United States -- usually involving fair payments for tribal lands taken many years ago by treaty or agreement.
The regulations implement legislation authorizing distribution of awards in docket 314 D of $1,209,900 and in docket 289 of $1,501,294. The cases were decided by the commission in that order.
The Confederated Tribes of Weas, Piankashaw, Peoria and Kaskaskia has existed since 1854. The Weas were first found by non-Indians in what is now Wisconsin. They moved across the Great Lakes to the mid-West, where they joined the Piankashaw. Later the Peoria and Kaskaskia tribes, which had come somewhat similar route and had already merged, became affiliated. All were members of the Illinois Confederacy.
The Confederated Tribes of Weas, Piankashaw, Peoria and Kaskaskia moved to northeast Oklahoma in 1868.
After an Indian tribe receives an award from the Indian Claims Commission the Congress appropriates funds to cover the amount of the award and passes special legislation authorizing use of the money. When a per capita distribution from judgment funds is authorized the amount authorized for distribution is paid in equal shares to those persons eligible to share in the funds.
The Act of July 31, 1970 (84 Stat. 688) authorizes the distribution of funds derived from judgments awarded the Confederated Tribes of Weas, Piankashaw, Peoria and Kaskaskias and directs the Secretary of the Interior to bring current the roll prepared in accordance with section 1 of the Act for the purpose of distributing awards appropriated for the Tribes after 1968
In order to bring the roll current, it was necessary to amend Section 41.3, Part 41 of Title 25 of the Code of Federal Regulations. The regulations recently published in the Federal Register establish the requirements for eligibility for enrollment and the deadline for filing applications.
Funds awarded to the Confederated Tribes of Weas, Piankashaw, Peoria and Kaskaskia Indians as the result of the settlement of docket 314-D are to be distributed on a per capita basis to persons whose names appear on the roll after it is brought current as of January 8, 1971 -- the date the Congress appropriated the money to pay the award granted in this case.
It will be brought current by adding the names of children born to persons whose names are on the roll prepared pursuant to section 1 of the Act of July 31, 1970 (84 Stat. 688) between July 31, 1970 and January 8, 1971 and living as of, January 8, 1971 and by deleting the names of enrollees who died between July 31, 1970 and January 8, 1971.
Money the Confederated Tribes of Weas, Piankashaw, Peoria and Kaskaskia Indians are now entitled to as the result of the settlement of docket 289 is to be distributed on a per capita basis to persons whose names appear on the roll after it is brought current as of December 15, 1971 -- the date the Congress appropriated the money to pay the award of docket 289.
It will be brought current by adding the names of children born to persons whose names are on the roll prepared pursuant to section 1 of the Act of July 31, 1970 (84 Stat. 688) between January 8, 1971 and December 15, 1971 and living as of December 15, 1971 and by deleting the names of enrollees who died between January 8, 1971 and December 15, 1971.
In the case of each docket, application for enrollment is the responsibility of the parents, guardians, or other parties having legal custody of eligible children.
Persons whose names appear on the roll of the Confederated Tribes of Weas, Piankashaw, Peorias and Kaskaskias prepared in accordance with section 1 of the Act of July 31, 1970 (84 Stat. 688) and section 41.3 (m) of Title 25 Code of Federal Regulations need not reapply for enrollment. But, they are required to furnish current information as to their whereabouts. Addition to the roll will be made only on the basis of applications.
Applications for enrollment may be obtained from and must be filed with the Area director, Muskogee Area Office, Bureau of Indian Affairs, U. S. Department of the Interior, Federal Building, Muskogee, Oklahoma 74401.Applications must be filed no later than May 15, 1973.
