§ 304 Payments
A. Payments. Any Per Capita Payment authorized by the Tribal Council pursuant to this Chapter shall be made to or on behalf of all eligible Tribal Members who meet the requirements of this Chapter, and for Minors or Legally Incompetent Tribal Members, shall be deferred in proportionate shares into the Trust Fund on behalf of the Beneficiaries thereof.
B. Notice of Per Capita Distribution. A Notice of Per Capita Distribution shall be provided by the Tribal Administration to all eligible Tribal Members by email or U.S. mail at least five (5) business days prior to the Distribution Date set for the Per Capita Payment.
C. Time Period to Obtain Per Capita Payments.
1. Thirty (30) Day Deadline to Submit Tribal Survey. Tribal Members who are entitled to receive a direct distribution of Per Capita Payments (which does not include Tribal Members whose Per Capita Payment is deferred or paid to the Trust Fund) shall have thirty (30) calendar days from the Distribution Date to submit a completed Tribal Survey to the Tribal Administration in order to receive a Per Capita Payment.
2. Lapse of Per Capita Payment. Tribal Surveys submitted after the deadline shall not be processed by the Tribal Administration. Any Tribal Member who submits an untimely Tribal Survey shall not receive a Per Capita Payment from the Tribe unless the Tribal Council otherwise authorizes the Per Capita Payment to the Tribal Member due to extenuating circumstances that were beyond the control of the Tribal Member. Notwithstanding the foregoing, no Per Capita Payment shall be made more than one (1) year after the Distribution Date due to extenuating circumstances.
D. Method of Payment.
1. Unless otherwise indicated by the Tribal Member on the Tribal Survey, all direct Per Capita Payments for eligible Tribal Members (not including deferral or payment made to the Trust Fund) shall be collected in-person at the Tribal Administration Office, upon showing valid and current proof of identification.
2. Tribal Members may elect on the Tribal Survey to receive a Per Capita Payment by U.S. mail. The Tribe is not responsible for Per Capita Payments that are sent by U.S. mail.
3. Per Capita Payments authorized by the Tribal Council pursuant to this Title shall be made in the form of a Tribal check issued in the name of the intended beneficiary, unless otherwise payable to the estate of a Decedent.
4. Per Capita Payments shall never be made in cash, cashier’s check, or the equivalent.
[Legislative History: Enacted by Resolution No. 2019-69, 6/3/2019; Technical Amendment to §304(C) by Resolution No. 2019-147, 11/19/2019]
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