25 U.S.C. § 5120: Continuation of allowances

Summary

The Secretary of the Interior must keep giving the items listed in section 17 of the March 2, 1889 Act, or their cash value under the June 10, 1896 Act, to Sioux people who would be eligible for land allotments under the May 29, 1908 Act or earlier laws and who are heads of families or single adults over 18. The Secretary’s decision is final, and payments come from the permanent fund set up by the 1889 law and kept in the Treasury. Each person may get only one allowance, and they must apply and be approved while alive or the right ends. Payments continue on the reservation until the land that was available for allotment on June 18, 1934 would be exhausted if every recipient received an 80‑acre allotment.

Title 25, §5120

Indians, Source: USLM XML via OLRC

The Secretary of the Interior is directed to continue the allowance of the articles enumerated in section 17 of the Act of March 2, 1889 (23 Stat. L. 894), or their commuted cash value under the Act of June 10, 1896 (29 Stat. L. 334), to all Sioux Indians who would be eligible, but for the provisions of this Act, to receive allotments of lands in severalty under section 19 of the Act of May 29, 1908 (25 Stat. L. 451), or under any prior Act, and who have the prescribed status of the head of a family or single person over the age of eighteen years, and his approval shall be final and conclusive, claims therefor to be paid as formerly from the permanent appropriation made by said section 17 and carried on the books of the Treasury for this purpose. No person shall receive in his own right more than one allowance of the benefits, and application must be made and approved during the lifetime of the allottee or the right shall lapse. Such benefits shall continue to be paid upon such reservation until such time as the lands available therein for allotment on June 18, 1934, would have been exhausted by the award to each person receiving such benefits of an allotment of eighty acres of such land.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 17 of the Act of

March 2, 1889, referred to in text, probably means section 17 of act Mar. 2, 1889, ch. 405, 25 Stat. 894, which is not classified to the Code. Act of

June 10, 1896, referred to in text, is act

June 10, 1896, ch. 398, 29 Stat. 334, which is not classified to the Code. This Act, referred to in text, is act

June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 5101 of this title and Tables. section 19 of the Act of

May 29, 1908, referred to in text, probably means section 19 of act

May 29, 1908, ch. 216, 35 Stat. 451, which is not classified to the Code. Codification Section was formerly classified to section 474 of this title prior to editorial reclassification and renumbering as this section.

§5120 Continuation of Allowances