-CITE- 25 USC TITLE 25 - INDIANS 01/06/03 -EXPCITE- TITLE 25 - INDIANS -HEAD- TITLE 25 - INDIANS -MISC1- Chap. Sec. 1. Bureau of Indian Affairs 1 2. Officers of Indian Affairs 21 2A. Indian Claims Commission [Omitted or Repealed] 70 3. Agreements With Indians 71 4. Performance by United States of Obligations to Indians 91 5. Protection of Indians 171 6. Government of Indian Country and Reservations 211 7. Education of Indians 271 7A. Promotion of Social and Economic Welfare 305 8. Rights-of-way Through Indian Lands 311 9. Allotment of Indian Lands 331 10. Descent and Distribution; Heirs of Allottee 371 11. Irrigation of Allotted Lands 381 12. Lease, Sale, or Surrender of Allotted or Unallotted Lands 391 13. Ceded Indian Lands [Transferred] 421 14. Miscellaneous 441 15. Constitutional Rights of Indians 1301 16. Distribution of Judgment Funds 1401 17. Financing Economic Development of Indians and Indian Organizations 1451 18. Indian Health Care 1601 19. Indian Land Claims Settlements 1701 20. Tribally Controlled College or University Assistance 1801 21. Indian Child Welfare 1901 22. Bureau of Indian Affairs Programs 2000 23. Development of Tribal Mineral Resources 2101 24. Indian Land Consolidation 2201 25. Old Age Assistance Claims Settlement 2301 26. Indian Alcohol and Substance Abuse Prevention and Treatment 2401 27. Tribally Controlled School Grants 2501 28. Indian Education Program [Repealed] 2601 29. Indian Gaming Regulation 2701 30. Indian Law Enforcement Reform 2801 31. Native American Languages 2901 32. Native American Graves Protection and Repatriation 3001 33. National Indian Forest Resources Management 3101 34. Indian Child Protection and Family Violence Prevention 3201 35. Indian Higher Education Programs 3301 36. Indian Employment, Training and Related Services 3401 37. Indian Energy Resources 3501 38. Indian Tribal Justice Support 3601 38A. Indian Tribal Justice Technical and Legal Assistance 3651 39. American Indian Agricultural Resource Management 3701 40. Indian Dams Safety 3801 41. Indian Lands Open Dump Cleanup 3901 42. American Indian Trust Fund Management Reform 4001 43. Native American Housing Assistance and Self-Determination 4101 44. Native American Business Development, Trade Promotion, and Tourism 4301 -End- -CITE- 25 USC CHAPTER 1 - BUREAU OF INDIAN AFFAIRS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -MISC1- Sec. 1. Commissioner of Indian Affairs. 1a. Delegation of powers and duties by Secretary of the Interior and Commissioner of Indian Affairs. 2. Duties of Commissioner. 2a. Assistant or deputy commissioners; appointment; powers and duties. 3. Compilation of statutes regulating duties of Indian agents and inspectors. 4. Defective record of deeds and papers legalized. 5. Record of deeds by Indians requiring approval. 6. Seal; authenticated and certified documents; evidence. 7. Fees for furnishing certified copies of records. 8. Accounts for claims and disbursements. 9. Regulations by President. 10. Employee to sign letters. 11. Employee or employees to sign approval of tribal deeds. 12. Agent to negotiate commutation of annuities. 13. Expenditure of appropriations by Bureau. 13-1. Authorization of appropriations for funds for basic educational support through parent committees. 13a. Carryover funding. 13b. Payment of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, and schools; payment of rewards. 13c. Source of funds to pay cost of lunches for nonboarding public school students. 13d. Limits on use of appropriated funds by Bureau for general or other welfare assistance. 13d-1. Standards of need as basis for general assistance payments by Bureau of Indian Affairs; ratable reductions. 13d-2. Enrollment and general assistance payments. (a) In general. (b) Factors not to be considered. (c) No effect on other eligibility requirements. 13d-3. Tribal authority to change eligibility for, or amount of, general assistance payments. 13e. Expenses of exhibits; advance payments for services; termination of Federal supervision; treaty expenses. 13f. Tribal priority allocations in Alaska. 14. Money accruing to Indians from Department of Veterans Affairs or other governmental agencies. 14a. Deposit of grant funds received by Bureau from other Federal agencies. 14b. Disposition of funds received from public for goods and services provided by Bureau of Indian Affairs. 15. Utility facilities used in administration of Bureau; contracts for sale, operation, maintenance, repair or relocation of facilities; terms and conditions; exception; Congressional approval. 16. Transportation of Indians in Bureau vehicles. 17. Use of Bureau facilities. (a) In general. (b) Scope of authority. (c) Limitation of liability. NATIONAL COUNCIL ON INDIAN OPPORTUNITY; APPROPRIATIONS AUTHORIZATION; TERMINATION DATE Pub. L. 91-125, Nov. 26, 1969, 83 Stat. 220, provided for annual appropriations of $300,000 and a termination date of Nov. 26, 1974 for the National Council on Indian Opportunity which was established by Ex. Ord. 11399. -EXEC- EXECUTIVE ORDER NO. 11399 Ex. Ord. No. 11399, Mar. 6, 1968, 33 F.R. 4245, as amended by Ex. Ord. 11551, Aug. 11, 1970, 35 F.R. 12885; Ex. Ord. No. 11688, Dec. 1, 1972, 37 F.R. 25815, established the National Council on Indian Opportunity and provided for the functions, compensation, assistance, and meetings with respect to the Council. -End- -CITE- 25 USC Sec. 1 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 1. Commissioner of Indian Affairs -STATUTE- There shall be in the Department of the Interior a Commissioner of Indian Affairs, who shall be appointed by the President, by and with the advice and consent of the Senate. -SOURCE- (R.S. Sec. 462.) -COD- CODIFICATION R.S. Sec. 462 derived from act July 9, 1832, ch. 174, Sec. 1, 4 Stat. 564. Provisions of this section relating to compensation of the Commissioner were omitted as obsolete. The position is in level V of the Executive Schedule under section 5316 of Title 5, Government Organization and Employees. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 1a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 1a. Delegation of powers and duties by Secretary of the Interior and Commissioner of Indian Affairs -STATUTE- For the purpose of facilitating and simplifying the administration of the laws governing Indian affairs, the Secretary of the Interior is authorized to delegate, from time to time, and to the extent and under such regulations as he deems proper, his powers and duties under said laws to the Commissioner of Indian Affairs, insofar as such powers and duties relate to action in individual cases arising under general regulations promulgated by the Secretary of the Interior pursuant to law. Subject to the supervision and direction of the Secretary, the Commissioner is authorized to delegate, in like manner, any powers and duties so delegated to him by the Secretary, or vested in him by law, to the assistant commissioners, or the officer in charge of any branch, division, office, or agency of the Bureau of Indian Affairs, insofar as such powers and duties relate to action in individual cases arising under general regulations promulgated by the Secretary of the Interior or the Commissioner of Indian Affairs pursuant to law. Such delegated powers shall be exercised subject to appeal to the Secretary, under regulations to be prescribed by him, or, as from time to time determined by him, to the Deputy Secretary or to an Assistant Secretary of the Department of the Interior, or to the Commissioner of Indian Affairs. The Secretary or the Commissioner, as the case may be, may at any time revoke the whole or any part of a delegation made pursuant to this section, but no such revocation shall be given retroactive effect. Nothing in this section shall be deemed to abrogate or curtail any authority to make delegations conferred by any other provision of law, nor shall anything in this section be deemed to convey authority to delegate any power to issue regulations. -SOURCE- (Aug. 8, 1946, ch. 907, 60 Stat. 939; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-509 substituted "Deputy Secretary" for "Under Secretary" before "or to an Assistant Secretary". EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on first day of first pay period beginning on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of the Interior, see section 529 [title I, Sec. 112(e)(1), (2)(B)] of Pub. L. 101-509, set out as a note under section 3404 of Title 20, Education. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- ASSISTANT COMMISSIONERS An assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, Sec. 1, 38 Stat. 490. -End- -CITE- 25 USC Sec. 2 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 2. Duties of Commissioner -STATUTE- The Commissioner of Indian Affairs shall, under the direction of the Secretary of the Interior, and agreeably to such regulations as the President may prescribe, have the management of all Indian affairs and of all matters arising out of Indian relations. -SOURCE- (R.S. Sec. 463.) -COD- CODIFICATION R.S. Sec. 463 derived from acts July 9, 1832, ch. 174, Sec. 1, 4 Stat. 564; July 27, 1868, ch. 259, Sec. 1, 15 Stat. 228. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. All supervisory and appellate powers and duties in regard to Indian affairs theretofore vested in Secretary of the Treasury were thereafter to be exercised and performed by Secretary of the Interior under provisions of section 1 of act July 27, 1868, ch. 259, 15 Stat. 228. Appointment by President of a Commissioner of Indian Affairs to act under direction of Secretary of War was provided for by section 1 of act July 9, 1832, ch. 174, 4 Stat. 564. -End- -CITE- 25 USC Sec. 2a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 2a. Assistant or deputy commissioners; appointment; powers and duties -STATUTE- Assistant or deputy commissioners of the Bureau of Indian Affairs, in the Department of the Interior, shall be appointed by the Secretary of the Interior, subject to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5. Appointments to these positions shall be considered as made under the authority of section 3101 of title 5. Assistant and deputy commissioners so appointed shall be authorized to sign such letters, papers, and documents and to perform such other duties as may be directed by the commissioner of the Bureau of Indian Affairs. The Secretary may designate for the Bureau of Indian Affairs an assistant or deputy commissioner, who shall be authorized to perform the duties of the commissioner in case of the death, resignation, absence, or sickness of the commissioner. -SOURCE- (June 5, 1942, ch. 336, Sec. 1, 56 Stat. 312; 1946 Reorg. Plan No. 3, Sec. 403(d), eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972.) -REFTEXT- REFERENCES IN TEXT The civil-service laws, referred to in text, are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -COD- CODIFICATION "Chapter 51 and subchapter III of chapter 53 of title 5" and "section 3101 of title 5" substituted in text for "the Classification Act of 1949, as amended" and "section 169 of the Revised Statutes, as amended (5 U.S.C., sec. 43)", respectively, on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Section embodies only those provisions of section 1 of act June 5, 1942, which relate to the Bureau of Indian Affairs. Provisions of section 1 of such act relating to the General Land Office were classified to section 3a of Title 43, Public Lands, and were omitted from the Code pursuant to Reorg. Plan No. 3 of 1946. -MISC1- AMENDMENTS 1949 - Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923". REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. REPEAL OF INCONSISTENT LAWS Section 2 of act June 5, 1942, provided as follows: "All provisions of law inconsistent with this Act [this section] are hereby repealed to the extent of such inconsistency." -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- ASSISTANT COMMISSIONERS An assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, Sec. 1, 38 Stat. 490. -End- -CITE- 25 USC Sec. 3 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 3. Compilation of statutes regulating duties of Indian agents and inspectors -STATUTE- It shall be the duty of the Commissioner of Indian Affairs to cause to be compiled and printed for the use of Indian agents and inspectors the provisions of the statutes regulating the performance of their respective duties, and also to furnish said officers from time to time information of new enactments upon the same subject. -SOURCE- (May 17, 1882, ch. 163, Sec. 7, 22 Stat. 88.) -COD- CODIFICATION Section is from the Indian Appropriation Act, 1883. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS There have been no Indian agents since 1908. See note under section 64 of this title. -End- -CITE- 25 USC Sec. 4 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 4. Defective record of deeds and papers legalized -STATUTE- The recording of all deeds and papers prior to July 26, 1892, in the office of the Commissioner of Indian Affairs is confirmed, approved, and legalized; and said record theretofore made shall be deemed, taken, and held to be good and valid and shall have all the force and effect and be entitled to the same credit as if it had been made in pursuance of and in conformity to law. But shall have no effect whatever upon the validity or invalidity of the deed or paper so recorded, and shall be no evidence of constructive notice to any persons not actually knowing the contents. -SOURCE- (July 26, 1892, ch. 256, Sec. 1, 27 Stat. 272.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 5 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 5. Record of deeds by Indians requiring approval -STATUTE- The Commissioner of Indian Affairs is hereby empowered and directed to continue to make and keep a record of every deed executed by any Indian, his heirs, representatives, or assigns, which may require the approval of the President of the United States or of the Secretary of the Interior, whenever such approval shall have been given, and the deed so approved returned to said office. -SOURCE- (July 26, 1892, ch. 256, Sec. 2, 27 Stat. 273.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 6 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 6. Seal; authenticated and certified documents; evidence -STATUTE- The Commissioner of Indian Affairs shall cause a seal to be made and provided for the said office, with such device as the President of the United States shall approve, and copies of any public documents, records, books, maps, or papers belonging to or on the files of said office, authenticated by the seal and certified by the Commissioner thereof, or by such officer as may, for the time being, be acting as or for such Commissioner, shall be evidence equally with the originals thereof. -SOURCE- (July 26, 1892, ch. 256, Sec. 3, 27 Stat. 273.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 7 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 7. Fees for furnishing certified copies of records -STATUTE- The Commissioner of Indian Affairs shall have the custody of said seal, and shall furnish certified copies of any such records, books, maps, or papers belonging to or on the files of said office, to any person applying therefor who shall comply with the requirements of said office, upon the payment by such parties at the rate of 10 cents per hundred words, and $1 for copies of maps or plats, and the additional sum of 25 cents for the Commissioner's certificate of verification, with the seal of said office; and one of the employees of said office shall be designated by the Commissioner as the receiving clerk, and the amounts so received shall, under the direction of the Commissioner, be paid into the Treasury of the United States; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government or by any Indian who shall satisfy the Commissioner by satisfactory legal evidence that he or she is not able, by reason of poverty, to pay such fees, nor for such unverified copies as the Commissioner in his discretion may deem proper to furnish. -SOURCE- (July 26, 1892, ch. 256, Sec. 4, 27 Stat. 273; Pub. L. 92-310, title II, Sec. 229(b), June 6, 1972, 86 Stat. 208.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which required the receiving clerk to give a bond in the sum of $1,000. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 8 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 8. Accounts for claims and disbursements -STATUTE- All accounts and vouchers for claims and disbursements connected with Indian affairs shall be transmitted to the Commissioner for administrative examination, and by him passed to the General Accounting Office for settlement. -SOURCE- (R.S. Sec. 464; June 10, 1921, ch. 18, title III, Sec. 304, 42 Stat. 24.) -COD- CODIFICATION R.S. Sec. 464 derived from act July 9, 1832, ch. 174, Sec. 3, 4 Stat. 564. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. "General Accounting Office" substituted in text for "proper accounting officer of the Department of the Treasury" pursuant to act June 10, 1921, which transferred all powers and duties of the Comptroller, six auditors, and certain other employees of the Treasury to the General Accounting Office. See section 701 et seq. of Title 31, Money and Finance. -End- -CITE- 25 USC Sec. 9 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 9. Regulations by President -STATUTE- The President may prescribe such regulations as he may think fit for carrying into effect the various provisions of any act relating to Indian affairs, and for the settlement of the accounts of Indian affairs. -SOURCE- (R.S. Sec. 465.) -COD- CODIFICATION R.S. Sec. 465 derived from act June 30, 1834, ch. 162, Sec. 17, 4 Stat. 738. -End- -CITE- 25 USC Sec. 10 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 10. Employee to sign letters -STATUTE- The Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may designate an employee of the Indian Office to sign letters of that office requiring the signature of the commissioner or assistant commissioner, and all signatures of such employee while acting under such designation shall have the same force and effect as if made by said commissioner or assistant commissioner. -SOURCE- (Mar. 3, 1909, ch. 263, 35 Stat. 783.) -COD- CODIFICATION Section is from the Indian Department Appropriation Act, 1910. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 11 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 11. Employee or employees to sign approval of tribal deeds -STATUTE- The Secretary of the Interior is authorized to designate an employee or employees of the Department of the Interior to sign, under the direction of the Secretary, in his name and for him, his approval of tribal deeds to allottees, to purchasers of town lots, to purchasers of unallotted lands, to persons, corporations, or organizations for lands reserved to them under the law for their use and benefit, and to any tribal deeds made and executed according to law for any of the Five Civilized Tribes of Indians in Oklahoma. -SOURCE- (Mar. 3, 1911, ch. 210, Sec. 17, 36 Stat. 1069.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 86 of this title. -End- -CITE- 25 USC Sec. 12 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 12. Agent to negotiate commutation of annuities -STATUTE- The Commissioner of Indian Affairs is authorized to send a special Indian Agent, or other representative of his office, to visit any Indian tribe for the purpose of negotiating and entering into a written agreement with such tribe for the commutation of the perpetual annuities due under treaty stipulations, to be subject to the approval of Congress; and the Commissioner of Indian Affairs shall transmit to Congress said agreements with such recommendations as he may deem proper. -SOURCE- (Apr. 30, 1908, ch. 153, 35 Stat. 73.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 13 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13. Expenditure of appropriations by Bureau -STATUTE- The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States for the following purposes: General support and civilization, including education. For relief of distress and conservation of health. For industrial assistance and advancement and general administration of Indian property. For extension, improvement, operation, and maintenance of existing Indian irrigation systems and for development of water supplies. For the enlargement, extension, improvement, and repair of the buildings and grounds of existing plants and projects. For the employment of inspectors, supervisors, superintendents, clerks, field matrons, farmers, physicians, Indian police, Indian judges, and other employees. For the suppression of traffic in intoxicating liquor and deleterious drugs. For the purchase of horse-drawn and motor-propelled passenger-carrying vehicles for official use. And for general and incidental expenses in connection with the administration of Indian affairs. Notwithstanding any other provision of this section or any other law, postsecondary schools administered by the Secretary of the Interior for Indians, and which meet the definition of an "institution of higher education" under section 101 of the Higher Education Act of 1965 [20 U.S.C. 1001], shall be eligible to participate in and receive appropriated funds under any program authorized by the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions. -SOURCE- (Nov. 2, 1921, ch. 115, 42 Stat. 208; Pub. L. 94-482, title IV, Sec. 410, Oct. 12, 1976, 90 Stat. 2233; Pub. L. 105-244, title I, Sec. 102(a)(8)(A), Oct. 7, 1998, 112 Stat. 1619.) -REFTEXT- REFERENCES IN TEXT The Higher Education Act of 1965, referred to in text, is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is classified principally to chapter 28 (Sec. 1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. -MISC1- AMENDMENTS 1998 - Pub. L. 105-244, which directed substitution of "101" for "1201" in the last paragraph of "section 410 of the Act entitled 'An Act authorizing appropriations and expenditures for the administration of Indian Affairs, and for other purposes', approved November 2, 1921 (25 U.S.C. 13) (commonly known as the Snyder Act)", was executed to last paragraph of this section, which is the act of Nov. 2, 1921, ch. 115, commonly known as the Snyder Act, to reflect the probable intent of Congress. This section was amended by section 410 of Pub. L. 94-482 to add the last paragraph. 1976 - Pub. L. 94-482 inserted provisions relating to postsecondary schools administered by the Secretary of the Interior for Indians. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94-482, set out as a note under section 1001 of Title 20, Education. SHORT TITLE Act Nov. 2, 1921, which enacted this section, is popularly known as the "Snyder Act". -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- AVAILABILITY OF HOUSING IMPROVEMENT PROGRAM GRANT REPAYMENTS FOR PROGRAM OBLIGATIONS Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 714, provided: "That hereafter, notwithstanding any other provision of law, amounts collected from grantees by the Secretary as grant repayments required under the Secretary's regulations for the Housing Improvement Program shall be credited in the year collected and shall be available for obligation under the terms and conditions applicable to the Program under that year's appropriation". ALTERNATIVE METHODS FOR EQUITABLE DISTRIBUTION OF SUPPLEMENTAL PROGRAM FUNDS; DEVELOPMENT, PUBLICATION, ETC., OF FORMULA Pub. L. 95-561, title XI, Sec. 1102, Nov. 1, 1978, 92 Stat. 2316, provided that: "(a) The Secretary of the Interior shall develop alternative methods for the equitable distribution of any supplement program funds provided, pursuant to an appropriation under the Act of November 2, 1921, commonly referred to as the Snyder Act [this section], for contracting under the Act of April 16, 1934, commonly referred to as the Johnson-O'Malley Act [sections 452 to 457 of this title], and shall publish in the Federal Register by March 1, 1979, such alternatives for the purpose of allowing eligible tribes to comment by May 1, 1979. At that time, the Secretary shall conduct a field survey listing all alternative formula. "(b) By July 1, 1979, the Secretary shall establish and publish the formula in the Federal Register which the majority of such tribes determine, but vote certified to the Secretary, to be most equitable and shall use such formula for purposes of distribution of the funds appropriated pursuant to such Act beginning on or after October 1, 1979. The Secretary shall, in accordance with procedures consistent with that prescribed herein, revise such formula periodically as necessary". PAYMENTS FOR BASIC EDUCATIONAL SUPPORT GRANTS OR CONTRACTS; AUTHORIZATION; TIME Pub. L. 95-561, title XI, Sec. 1103(a), Nov. 1, 1978, 92 Stat. 2316, as amended by Pub. L. 96-46, Sec. 2(b)(1), Aug. 6, 1979, 93 Stat. 341, provided that payments for basic educational support grants or contracts for fiscal year 1978, including any fiscal year 1978 funds subsequently obligated in fiscal year 1979, were to be made under the authority of act Apr. 16, 1934, and set forth conditions, time, etc., for payments. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13-1, 13a, 155b, 458cc, 458aaa-4, 861c, 903a, 1300i-1, 1616, 1616l, 1621, 1621a, 1621h, 1631, 1652, 1653, 1654, 1661, 1665c, 1809, 1813, 1912, 1933, 2306, 2808, 3303, 3322 of this title; title 20 section 2327; title 42 section 1382. -End- -CITE- 25 USC Sec. 13-1 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13-1. Authorization of appropriations for funds for basic educational support through parent committees -STATUTE- Such sums as are needed under section 13 of this title are authorized to be appropriated to provide funds for basic educational support through parent committees under the Act of April 16, 1934 [25 U.S.C. 452 et seq.], to those public schools educating Indian students and whose total sum of Federal, State, and local funds is insufficient to bring the education of the enrolled Indian students to a level equal to the level of education provided non-Indian students in the public schools in which they are enrolled where the absence of such support would result in the closing of schools or the reduction in quality of the education program afforded Indian students attending public schools. -SOURCE- (Pub. L. 95-561, title XI, Sec. 1103(b), Nov. 1, 1978, 92 Stat. 2316.) -REFTEXT- REFERENCES IN TEXT Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O'Malley Act, which is classified generally to section 452 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables. -MISC1- EFFECTIVE DATE Section effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95-561, set out as an Effective Date of 1978 Amendment note under section 1221e-3 of Title 20, Education. -End- -CITE- 25 USC Sec. 13a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13a. Carryover funding -STATUTE- Notwithstanding any other provision of law, any funds appropriated pursuant to section 13 of this title, for any fiscal year which are not obligated or expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation or expenditures during such succeeding fiscal year. In the case of amounts made available to a tribal organization under a self-determination contract, if the funds are to be expended in the succeeding fiscal year for the purpose for which they were originally appropriated, contracted or granted, or for which they are authorized to be used pursuant to the provisions of section 450j-1(a)(3) (!1) of this title, no additional justification or documentation of such purposes need be provided by the tribal organization to the Secretary as a condition of receiving or expending such funds. -SOURCE- (Pub. L. 93-638, Sec. 8, Jan. 4, 1975, 88 Stat. 2206; Pub. L. 100-472, title I, Sec. 105, Oct. 5, 1988, 102 Stat. 2287.) -REFTEXT- REFERENCES IN TEXT Section 450j-1(a)(3) of this title, referred to in text, was repealed and a new subsec. (a)(3) of section 450j-1 was added by Pub. L. 103-413, title I, Sec. 102(14)(C), Oct. 25, 1994, 108 Stat. 4257. See section 450j-1(a)(4) of this title. -MISC1- AMENDMENTS 1988 - Pub. L. 100-472 amended section generally. Prior to amendment, section read as follows: "The provisions of any other laws to the contrary notwithstanding, any funds appropriated pursuant to section 13 of this title, for any fiscal year which are not obligated and expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 450c, 450j-1 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 13b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13b. Payment of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, and schools; payment of rewards -STATUTE- On and after October 12, 1984, funds appropriated under this or any other Act for the Bureau of Indian Affairs may be used for the payment in advance or from date or admission of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; and the payment of rewards for information or evidence concerning violations of law on Indian reservation lands or treaty fishing rights use areas. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1848.) -End- -CITE- 25 USC Sec. 13c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13c. Source of funds to pay cost of lunches for nonboarding public school students -STATUTE- On and after October 12, 1984, any cost of providing lunches to nonboarding students in public schools from funds appropriated under this or any other Act for the Bureau of Indian Affairs shall be paid from the amount of such funds otherwise allocated for the schools involved without regard to the cost of providing lunches for such students. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1848.) -End- -CITE- 25 USC Sec. 13d 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13d. Limits on use of appropriated funds by Bureau for general or other welfare assistance -STATUTE- After September 30, 1985, no part of any appropriation (except trust funds) to the Bureau of Indian Affairs may be used directly or by contract for general or other welfare assistance (except child welfare assistance) payments (1) for other than essential needs (specifically identified in regulations of the Secretary or in regulations of the State public welfare agency pursuant to the Social Security Act [42 U.S.C. 301 et seq.] adopted by reference in the Secretary's regulations) which could not be reasonably expected to be met from financial resources or income (including funds held in trust) available to the recipient individual which are not exempted under law from consideration in determining eligibility for or the amount of Federal financial assistance or (2) for individuals who are eligible for general public welfare assistance available from a State except to the extent the Secretary of the Interior determines that such payments are required under sections 6(b)(2), 6(i), and 9(b) of the Maine Indian Claims Settlement Act of 1980 (94 Stat. 1793, 1794, 1796; 25 U.S.C. 1725(b)(2), 1725(i), 1728(b)). -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1848.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -End- -CITE- 25 USC Sec. 13d-1 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13d-1. Standards of need as basis for general assistance payments by Bureau of Indian Affairs; ratable reductions -STATUTE- General assistance payments made by the Bureau of Indian Affairs shall be made - (1) after April 29, 1985, and before October 1, 1995, on the basis of Aid to Families with Dependent Children (AFDC) standards of need; and (2) on and after October 1, 1995, on the basis of standards of need established under the State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.], except that where a State ratably reduces its AFDC or State program payments, the Bureau shall reduce general assistance payments in such State by the same percentage as the State has reduced the AFDC or State program payment. -SOURCE- (Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 338; Pub. L. 104-193, title I, Sec. 110(k), Aug. 22, 1996, 110 Stat. 2172.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in par. (2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -MISC1- AMENDMENTS 1996 - Pub. L. 104-193, Sec. 110(k), which directed the general amendment of the "4th proviso of chapter VII of title I of Public Law 99-88 (25 U.S.C. 13d-1)", was executed by amending this section, which is the 4th proviso under heading "Bureau of Indian Affairs" of chapter VII of title I of Pub. L. 99-88, to reflect the probable intent of Congress. Prior to amendment, this section read as follows: "General assistance payments made by the Bureau of Indian Affairs after April 29, 1985, shall be made on the basis of Aid to Families with Dependent Children (AFDC) standards of need except where a State ratably reduces AFDC payments in which event the Bureau shall reduce general assistance payments in such State by the same percentage as the State has reduced the AFDC payment." EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104-193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare. MAXIMUM ALLOWABLE PAYMENTS Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 732, provided in part: "That the levels established for general assistance by Public Law 99-88 (99 Stat. 388) [probably means Pub. L. 99-88, 99 Stat. 338, which enacted this section], are the maximum allowable payments." -End- -CITE- 25 USC Sec. 13d-2 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13d-2. Enrollment and general assistance payments -STATUTE- (a) In general The Secretary of the Interior shall not disqualify from continued receipt of general assistance payments from the Bureau of Indian Affairs an otherwise eligible Indian for whom the Bureau is making or may make general assistance payments (or exclude such an individual from continued consideration in determining the amount of general assistance payments for a household) because the individual is enrolled (and is making satisfactory progress toward completion of a program or training that can reasonably be expected to lead to gainful employment) for at least half-time study or training in - (1) a college assisted by the Bureau under the Tribally Controlled College or University Assistance Act of 1978 (92 Stat. 1325; 25 U.S.C. 1801) or the Navajo Community College Act (85 Stat. 645; 25 U.S.C. 640a); (2) an institution of higher education or a vocational school (as defined for purposes of any program of assistance to students under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]); (3) a course the Secretary determines will lead to a high school diploma or an equivalent certificate; or (4) other programs or training approved by the Secretary or by tribal education, employment or training programs. (b) Factors not to be considered In determining the amount of general assistance provided by the Bureau of Indian Affairs, the Secretary of the Interior shall not include consideration of - (1) additional expenses in connection with the study or training described in subsection (a) of this section, and (2) the amount of any financial assistance received by the individual as a student or trainee. (c) No effect on other eligibility requirements This section does not alter any eligibility requirement for general assistance from the Bureau of Indian Affairs other than the requirement to be available for employment and to seek employment. -SOURCE- (Pub. L. 100-297, title V, Sec. 5404, Apr. 28, 1988, 102 Stat. 416; Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 107-110, title X, Sec. 1045, Jan. 8, 2002, 115 Stat. 2080.) -REFTEXT- REFERENCES IN TEXT The Tribally Controlled College or University Assistance Act of 1978, referred to in subsec. (a)(1), is Pub. L. 95-471, Oct. 17, 1978, 92 Stat. 1325, as amended, which is classified principally to chapter 20 (Sec. 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. The Navajo Community College Act, referred to in subsec. (a)(1), is Pub. L. 92-189, Dec. 15, 1971, 85 Stat. 646, as amended, which is classified to section 640a et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 640a of this title and Tables. The Higher Education Act of 1965, referred to in subsec. (a)(2), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is classified principally to chapter 28 (Sec. 1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. -MISC1- AMENDMENTS 2002 - Subsec. (a). Pub. L. 107-110, Sec. 1045(1), added subsec. heading and introductory provisions and struck out former subsec. heading and introductory provisions. Former introductory provisions read as follows: "The Secretary of the Interior shall not disqualify from continued receipt of general assistance payments from the Bureau of Indian Affairs an otherwise eligible Indian for whom the Bureau has been making general assistance payments for at least 3 months (or exclude such an individual from continued consideration in determining the amount of general assistance payments for a household) because the individual is enrolled (and is making satisfactory progress toward completion of a program or training that can reasonably be expected to lead to gainful employment) for at least half-time study or training in - ". Subsec. (a)(4). Pub. L. 107-110, Sec. 1045(2), added par. (4) and struck out former par. (4) which read as follows: "other programs or training approved by the Secretary." 1998 - Subsec. (a)(1). Pub. L. 105-244 substituted "Tribally Controlled College or University Assistance Act of 1978" for "Tribally Controlled Community College Assistance Act of 1978". EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107-110, set out as an Effective Date note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE For effective date and applicability of section, see section 6303 of Pub. L. 100-297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education. -End- -CITE- 25 USC Sec. 13d-3 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13d-3. Tribal authority to change eligibility for, or amount of, general assistance payments -STATUTE- On and after October 21, 1998, notwithstanding any other provision of law, Indian tribal governments may, by appropriate changes in eligibility criteria or by other means, change eligibility for general assistance or change the amount of general assistance payments for individuals within the service area of such tribe who are otherwise deemed eligible for general assistance payments so long as such changes are applied in a consistent manner to individuals similarly situated and, that any savings realized by such changes shall be available for use in meeting other priorities of the tribes and, that any net increase in costs to the Federal Government which result solely from tribally increased payment levels for general assistance shall be met exclusively from funds available to the tribe from within its tribal priority allocation. -SOURCE- (Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681-231, 2681-246.) -MISC1- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriations acts: Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1555. Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009-181, 3009-193. Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321-156, 1321-170; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2512. Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1392. Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1389. -End- -CITE- 25 USC Sec. 13e 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13e. Expenses of exhibits; advance payments for services; termination of Federal supervision; treaty expenses -STATUTE- On and after October 12, 1984, such appropriations [appropriations for the Bureau of Indian Affairs (except the revolving fund for loans and the Indian loan guarantee and insurance fund)] under this or any other act shall be available for: the expenses of exhibits; advance payments for services (including services which may extend beyond the current fiscal year) under contracts executed pursuant to the Act of June 4, 1936 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), the Act of August 3, 1956 (70 Stat. 896), as amended (25 U.S.C. 309 et seq.), and legislation terminating Federal supervision over certain tribes; and expenses required by continuing or permanent treaty provision. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1850.) -REFTEXT- REFERENCES IN TEXT Act of June 4, 1936, referred to in text, probably means act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended generally by act June 4, 1936, ch. 490, 49 Stat. 1458, known as the Johnson-O'Malley Act, which is classified generally to sections 452 to 457 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables. Act of August 3, 1956, referred to in text, probably means act Aug. 3, 1956, ch. 930, 70 Stat. 986, which is classified generally to section 309 et seq. of this title. For complete classification of this Act to the Code, see Tables. -End- -CITE- 25 USC Sec. 13f 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13f. Tribal priority allocations in Alaska -STATUTE- (a) Notwithstanding any other provision of law, with respect to amounts made available for tribal priority allocations in Alaska, such amounts on and after October 11, 2000, shall only be provided to tribes the membership of which on June 1 of the preceding fiscal year is composed of at least 25 individuals who are Natives (as such term is defined in section 1602(b) of title 43) who reside in the area generally known as the village for such tribe. (b) Amounts that would have been made available for tribal priority allocations in Alaska but for the limitation contained in subsection (a) of this section shall be provided to the respective Alaska Native regional nonprofit corporation (as listed in section 103(a)(2) of Public Law 104-193,(!1) 110 Stat. 2159) for the respective region in which a tribe subject to subsection (a) of this section is located, notwithstanding any resolution authorized under federal (!2) law to the contrary. -SOURCE- (Pub. L. 106-291, title I, Sec. 122, Oct. 11, 2000, 114 Stat. 944; Pub. L. 107-20, title II, Sec. 2608, July 24, 2001, 115 Stat. 178.) -REFTEXT- REFERENCES IN TEXT Section 103(a)(2) of Public Law 104-193, 110 Stat. 2159, referred to in subsec. (b), enacted section 419 of act Aug. 14, 1935, ch. 531, which is classified to section 619 of Title 42, The Public Health and Welfare, and contains a listing of Alaska Native regional nonprofit corporations. -MISC1- AMENDMENTS 2001 - Subsec. (a). Pub. L. 107-20 inserted "on and after October 11, 2000," after "such amounts" and substituted "June 1 of the preceding fiscal year" for "June 1, 2000". -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. Probably should be capitalized. -End- -CITE- 25 USC Sec. 14 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 14. Money accruing to Indians from Department of Veterans Affairs or other governmental agencies -STATUTE- Any money accruing from the Department of Veterans Affairs or other governmental agency to incompetent adult Indians, or minor Indians, who are recognized wards of the Federal Government, for whom no legal guardians or other fiduciaries have been appointed may be paid, in the discretion of the Secretary of Veterans Affairs, or other head of a governmental bureau or agency, having such funds for payment, to such superintendent or other bonded officer of the Indian Service as the Secretary of the Interior shall designate, for the use of such beneficiaries, or to be paid to or used for, the heirs of such deceased beneficiaries, to be handled and accounted for by him with other moneys under his control, in accordance with existing law and the regulations of the Department of the Interior. -SOURCE- (Feb. 25, 1933, ch. 124, 47 Stat. 907; Pub. L. 102-54, Sec. 13(j)(1), June 13, 1991, 105 Stat. 276.) -MISC1- AMENDMENTS 1991 - Pub. L. 102-54 substituted "Department of Veterans Affairs" for "Veterans' Administration" and "Secretary of Veterans Affairs" for "Administrator of Veterans' Affairs". -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 section 1983. -End- -CITE- 25 USC Sec. 14a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 14a. Deposit of grant funds received by Bureau from other Federal agencies -STATUTE- On and after October 12, 1984, moneys received by grant to the Bureau of Indian Affairs from other Federal agencies to carry out various programs for elementary and secondary education, handicapped programs, bilingual education, and other specific programs shall be deposited into the appropriation account available for the operation of Bureau schools during the period covered by the grant and shall remain available as otherwise provided by law. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1848.) -End- -CITE- 25 USC Sec. 14b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 14b. Disposition of funds received from public for goods and services provided by Bureau of Indian Affairs -STATUTE- The Secretary of the Interior is authorized to retain collections from the public in payment for goods and services provided by the Bureau of Indian Affairs. Such collections shall be credited to the appropriation account against which obligations were incurred in providing such goods and services. -SOURCE- (Pub. L. 101-301, Sec. 10, May 24, 1990, 104 Stat. 211.) -End- -CITE- 25 USC Sec. 15 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 15. Utility facilities used in administration of Bureau; contracts for sale, operation, maintenance, repair or relocation of facilities; terms and conditions; exception; Congressional approval -STATUTE- Except for electric utility systems constructed and operated as a part of an irrigation system, the Secretary of the Interior is authorized to contract under such terms and conditions as he considers to be in the best interest of the Federal Government for the sale, operation, maintenance, repairs, or relocation of Government-owned utilities and utility systems and appurtenances used in the administration of the Bureau of Indian Affairs. The Secretary shall not execute a contract pursuant to this section until he has submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a copy of the contract and a statement of his reasons for proposing the contract, and until such materials have lain before the Committees for sixty days (excluding the time during which either House is in recess for more than three days) unless prior thereto the Secretary is notified that neither committee has any objection to the proposed contract. -SOURCE- (Pub. L. 87-279, Sept. 22, 1961, 75 Stat. 577; Pub. L. 103-437, Sec. 10(a), Nov. 2, 1994, 108 Stat. 4588.) -MISC1- AMENDMENTS 1994 - Pub. L. 103-437 substituted "Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives" for "Committees on Interior and Insular Affairs of the Senate and the House of Representatives". -CHANGE- CHANGE OF NAME Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. -End- -CITE- 25 USC Sec. 16 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 16. Transportation of Indians in Bureau vehicles -STATUTE- On and after October 12, 1984, passenger carrying motor vehicles of the Bureau of Indian Affairs may be used for the transportation of Indians. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1850.) -End- -CITE- 25 USC Sec. 17 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 17. Use of Bureau facilities -STATUTE- (a) In general The Secretary of the Interior may permit tribal governments and organizations and student organizations to use Bureau of Indian Affairs equipment, land, buildings, and other structures if such use does not interfere with the purpose for which they are administered by the Bureau and when such use benefits Indians or Federal or federally funded programs. The Secretary may charge the user for the cost of the utilities and other expenses incurred for the use. The amounts collected shall be credited to the appropriation or fund from which the expenses are paid and shall be available until the end of the fiscal year following the fiscal year in which collected. The Secretary's decision to not permit a use under this section is final and shall not be subject to judicial review. (b) Scope of authority The authority provided by this section is in addition to, and not in derogation of, any other authority available to the Secretary of the Interior. (c) Limitation of liability The payment of any fee, or agreement to pay costs, to the Secretary shall not in any way or to any extent limit the right of the United States to rely upon sovereign immunity or any State or Federal statute limiting liability or damages from injuries sustained in connection with use under this section. -SOURCE- (Pub. L. 100-297, title V, Sec. 5405, Apr. 28, 1988, 102 Stat. 417; Pub. L. 100-427, Sec. 25, Sept. 9, 1988, 102 Stat. 1613.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-427, Sec. 25(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Secretary of the Interior may permit tribal, student, and other non-Federal organizations to use facilities, lands, and equipment administered by the Bureau of Indian Affairs if such use does not interfere with the purpose for which the facilities, land, and equipment are administered by the Bureau. The Secretary of the Interior may charge the user for the actual or estimated additional cost of utilities or other expenses incurred because of the use and the amounts collected shall be credited to the appropriation or fund from which the expenses are paid." Subsec. (c). Pub. L. 100-427, Sec. 25(b), added subsec. (c). EFFECTIVE DATE For effective date and applicability of section, see section 6303 of Pub. L. 100-297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education. -End- -CITE- 25 USC CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -MISC1- Sec. 21 to 24. Repealed or Omitted. 25. Superintendent for Five Civilized Tribes. 25a. Application of civil service laws. 26 to 32. Repealed or Omitted. 33. Superintendents in charge of reservations; administration of oath of office. 34, 35. Repealed. 36. Special agents and other officers to administer oaths. 37 to 39. Repealed. 40. Limits of superintendencies, agencies, and subagencies. 41. Special agents and commissioners. 41a. Indian inspectors. 42. Repealed. 43. Persons paid for other services not paid for interpreting. 44. Employment of Indians. 45. Preference to Indians qualified for duties. 46. Preference to Indians in employment of clerical, mechanical, and other help. 47. Employment of Indian labor and purchase of products of Indian industry; participation in Mentor-Protege Program. 47a. Security required by Secretary; contracts with Indian-owned economic enterprise; public work. 48. Right of tribes to direct employment of persons engaged for them. 49 to 52a. Repealed. 53. Disbursing officers; acting clerks. 54, 55. Repealed. 56. Quarters, fuel, and light for employees. 57. Omitted. 58. Limitation on number and kind of employment. 59. Transfer of funds for payment of employees; details for other service. 60. Compensation prescribed to be in full. 61. Estimates for personal services in Indian Office. 62. Discontinuance and transfer of agencies. 63. Consolidation of agencies. 64. Services of agents dispensed with. 65. Discontinuance of agents, subagents, and interpreters. 66. Duties of agency devolved on superintendent of Indian school. 67 to 68a. Repealed. -End- -CITE- 25 USC Secs. 21, 22 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 21, 22. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 642 -MISC1- Section 21, R.S. Sec. 2039, related to the Board of Indian Commissioners. Section 22, act Aug. 24, 1912, ch. 388, Sec. 1, 37 Stat. 521, authorized the Board of Indian Commissioners to employ and pay a secretary. -End- -CITE- 25 USC Secs. 23, 24 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 23, 24. Omitted -COD- CODIFICATION Section 23, act May 17, 1882, ch. 163, Sec. 1, 22 Stat. 70, related to the powers and duties of the Board of Indian Commissioners, and was omitted as superseded by Ex. Ord. No. 6145 of May 25, 1933, which abolished the Board and transferred its records, property, and personnel to the supervision of the Secretary of the Interior. Section 24, R.S. Sec. 2042, related to the investigations by a member of the Board of Indian Commissioners, and was omitted as superseded by Ex. Ord. No. 6145 of May 25, 1933. -End- -CITE- 25 USC Sec. 25 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 25. Superintendent for Five Civilized Tribes -STATUTE- The offices of the Commissioner of the Five Civilized Tribes and superintendent of Union Agency, in Oklahoma, are abolished as of September 1, 1914, and in lieu thereof there shall be appointed by the President, by and with the advice and consent of the Senate, a Superintendent for the Five Civilized Tribes, with his office located in the State of Oklahoma, at a salary of $5,000 per annum, and said superintendent shall exercise the authority and perform the duties exercised prior to September 1, 1914, by the Commissioner to the Five Civilized Tribes and the superintendent of the Union Agency, with authority to reorganize the department and to eliminate all unnecessary clerks, subject to the approval of the Secretary of the Interior. -SOURCE- (Aug. 1, 1914, ch. 222, Sec. 17, 38 Stat. 598.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 25a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 25a. Application of civil service laws -STATUTE- The position of Superintendent of the Five Civilized Tribes is included within the competitive classified civil service and shall be subject to civil service laws and rules. -SOURCE- (Mar. 4, 1929, ch. 705, 45 Stat. 1583.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in text, are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 26 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 26. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632 -MISC1- Section, R.S. Sec. 2052, provided for appointment of Indian Agents by the President. -End- -CITE- 25 USC Sec. 27 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 27. Omitted -COD- CODIFICATION Section, R.S. 2062; acts July 13, 1892, ch. 164, Sec. 1, 27 Stat. 120; July 1, 1898, ch. 545, Sec. 1, 30 Stat. 573, authorized the President to require that military officers perform the duties of Indian agents. The services of Indian agents have been dispensed with since 1908. See section 64 of this title and notes thereunder. -End- -CITE- 25 USC Secs. 28 to 31 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 28 to 31. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 634 -MISC1- Section 28, R.S. Sec. 2056; act May 17, 1882, ch. 163, Sec. 1, 22 Stat. 87, fixed term of office for Indian Agents. Section 29, R.S. Sec. 2057, provided for a bond by Indian Agents. Section 30, R.S. Sec. 2060, prescribed limits of residence of Indian Agents. Section 31, R.S. Sec. 2058, related to duties of Indian Agents. -End- -CITE- 25 USC Sec. 32 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 32. Omitted -COD- CODIFICATION Section, act July 1, 1898, ch. 545, Sec. 1, 30 Stat. 595, required Indian agents to account for funds received and to be responsible for such funds under their official bonds. The services of Indian agents have been dispensed with since 1908. See section 64 of this title and note set out thereunder. -End- -CITE- 25 USC Sec. 33 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 33. Superintendents in charge of reservations; administration of oath of office -STATUTE- Superintendents and acting superintendents in charge of Indian reservations, schools, irrigation and allotment projects are authorized and empowered to administer the oath of office required of employees placed under their jurisdiction. -SOURCE- (June 30, 1913, ch. 4, Sec. 1, 38 Stat. 80.) -COD- CODIFICATION Section is from the Indian Appropriation Act, 1914. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Secs. 34, 35 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 34, 35. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 642, 650 -MISC1- Section 34, acts Aug. 24, 1912, ch. 355, Sec. 8, 37 Stat. 487; June 6, 1939, ch. 185, 53 Stat. 810, authorized the superintendent, acting superintendent, and principal clerks of the different Indian superintendencies or Indian agencies to administer oaths to expense accounts. Section 35, R.S. Sec. 2064, authorized Indian Agents to take acknowledgements of deeds and to administer oaths. -End- -CITE- 25 USC Sec. 36 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 36. Special agents and other officers to administer oaths -STATUTE- Each special agent, supervisor of schools, or other official charged with the investigation of Indian agencies and schools, in the pursuit of his official duties shall have power to administer oaths and to examine on oath all officers and persons employed in the Indian Service, and all such other persons as may be deemed necessary and proper. -SOURCE- (Mar. 1, 1899, ch. 324, Sec. 1, 30 Stat. 927.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 37 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 37. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 633, 641 -MISC1- Section, acts Mar. 3, 1875, ch. 132, Sec. 10, 18 Stat. 450; Mar. 3, 1909, ch. 263, 35 Stat. 784, related to keeping of books by Indian agents and penalties for the falsification thereof. -End- -CITE- 25 USC Sec. 38 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 38. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028 -MISC1- Section, R.S. Sec. 2061, related to visits to Washington, D.C., by agents in California. -End- -CITE- 25 USC Sec. 39 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 39. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632 -MISC1- Section, R.S. Sec. 2063, related to compensation for extra services rendered by Indian Agents. -End- -CITE- 25 USC Sec. 40 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 40. Limits of superintendencies, agencies, and subagencies -STATUTE- The limits of each superintendency, agency, and subagency shall be established by the Secretary of the Interior, either by tribes or geographical boundaries. -SOURCE- (R.S. Sec. 2066.) -COD- CODIFICATION R.S. Sec. 2066 derived from acts June 30, 1834, ch. 162, Sec. 7, 4 Stat. 736; Mar. 3, 1847, ch. 66, Sec. 1, 9 Stat. 203. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 41 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 41. Special agents and commissioners -STATUTE- All special agents and commissioners not appointed by the President shall be appointed by the Secretary of the Interior. -SOURCE- (R.S. Sec. 2067.) -COD- CODIFICATION R.S. Sec. 2067 derived from act Mar. 3, 1863, ch. 99, Sec. 1, 12 Stat. 792. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 41a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 41a. Indian inspectors -STATUTE- Indian inspectors shall on and after March 4, 1909 be termed inspectors, and shall be included in the classified service. -SOURCE- (Mar. 4, 1909, ch. 297, Sec. 1, 35 Stat. 888.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 42 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 42. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632 -MISC1- Section, R.S. Sec. 2068, provided for interpreters for Indian agencies under Department of the Interior. -End- -CITE- 25 USC Sec. 43 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 43. Persons paid for other services not paid for interpreting -STATUTE- No person employed by the United States and paid for any other service shall be paid for interpreting. -SOURCE- (Apr. 4, 1910, ch. 140, Sec. 2, 36 Stat. 272.) -End- -CITE- 25 USC Sec. 44 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 44. Employment of Indians -STATUTE- In the Indian Service Indians shall be employed as herders, teamsters, and laborers, and where practicable in all other employments in connection with the agencies and the Indian Service. And it shall be the duty of the Secretary of the Interior and the Commissioner of Indian Affairs to enforce this provision. -SOURCE- (Aug. 15, 1894, ch. 290, Sec. 10, 28 Stat. 313.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 45 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 45. Preference to Indians qualified for duties -STATUTE- In all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, a preference shall be given to persons of Indian descent, if such can be found, who are properly qualified for the execution of the duties. -SOURCE- (R.S. Sec. 2069.) -COD- CODIFICATION R.S. Sec. 2069 derived from act June 30, 1834, ch. 162, Sec. 9, 4 Stat. 737. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 20 section 3423c. -End- -CITE- 25 USC Sec. 46 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 46. Preference to Indians in employment of clerical, mechanical, and other help -STATUTE- Preference shall at all times, as far as practicable, be given to Indians in the employment of clerical, mechanical, and other help on reservations and about agencies. -SOURCE- (May 17, 1882, ch. 163, Sec. 6, 22 Stat. 88; July 4, 1884, ch. 180, Sec. 6, 23 Stat. 97.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 47 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 47. Employment of Indian labor and purchase of products of Indian industry; participation in Mentor-Protege Program -STATUTE- So far as may be practicable Indian labor shall be employed, and purchases of the products (including, but not limited to printing, notwithstanding any other law) of Indian industry may be made in open market in the discretion of the Secretary of the Interior. Participation in the Mentor-Protege Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note) or receipt of assistance pursuant to any developmental assistance agreement authorized under such program shall not render Indian labor or Indian industry ineligible to receive any assistance authorized under this section. For the purposes of this section - (1) no determination of affiliation or control (either direct or indirect) may be found between a protege firm and its mentor firm on the basis that the mentor firm has agreed to furnish (or has furnished) to its protege firm pursuant to a mentor-protege agreement any form of developmental assistance described in subsection (f) of section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note); and (2) the terms "protege firm" and "mentor firm" have the meaning given such terms in subsection (c) of such section 831. -SOURCE- (June 25, 1910, ch. 431, Sec. 23, 36 Stat. 861; Pub. L. 100-581, title II, Sec. 206, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 103-435, Sec. 14, Nov. 2, 1994, 108 Stat. 4572.) -REFTEXT- REFERENCES IN TEXT Section 831 of the National Defense Authorization Act for Fiscal Year 1991, referred to in text, is section 831 of Pub. L. 101-510, which is set out as a note under section 2302 of Title 10, Armed Forces. -COD- CODIFICATION Section is based on proviso of first sentence of section 23 of act of June 25, 1910. Remainder of first sentence of section 23 was classified to section 93 of this title prior to repeal by act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1112. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in act Apr. 30, 1908, ch. 153, 35 Stat. 71, making appropriations for the Indian Department. AMENDMENTS 1994 - Pub. L. 103-435 inserted at end "Participation in the Mentor-Protege Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note) or receipt of assistance pursuant to any developmental assistance agreement authorized under such program shall not render Indian labor or Indian industry ineligible to receive any assistance authorized under this section. For the purposes of this section - "(1) no determination of affiliation or control (either direct or indirect) may be found between a protege firm and its mentor firm on the basis that the mentor firm has agreed to furnish (or has furnished) to its protege firm pursuant to a mentor-protege agreement any form of developmental assistance described in subsection (f) of section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note); and "(2) the terms 'protege firm' and 'mentor firm' have the meaning given such terms in subsection (c) of such section 831." 1988 - Pub. L. 100-581 inserted "(including, but not limited to printing, notwithstanding any other law)" after "products". -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47a, 353, 406, 564h, 697, 747, 1616a, 1633 of this title; title 23 section 204. -End- -CITE- 25 USC Sec. 47a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 47a. Security required by Secretary; contracts with Indian-owned economic enterprise; public work -STATUTE- The Secretary, in his discretion, may require security other than bonds required by sections 3131 and 3133 of title 40 when entering into a contract with an Indian-owned economic enterprise pursuant to the provisions of the Act of June 25, 1910 (25 U.S.C. 47), for the construction, alteration, or repair of any public work of the United States: Provided, That, the alternative form of security provides the United States with adequate security for performance and payment. -SOURCE- (Pub. L. 98-449, Sec. 11, Oct. 4, 1984, 98 Stat. 1726.) -COD- CODIFICATION "Sections 3131 and 3133 of title 40" substituted in text for "the Miller Act (40 U.S.C. 270a)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. -End- -CITE- 25 USC Sec. 48 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 48. Right of tribes to direct employment of persons engaged for them -STATUTE- Where any of the tribes are, in the opinion of the Secretary of the Interior, competent to direct the employment of their blacksmiths, mechanics, teachers, farmers, or other persons engaged for them, the direction of such persons may be given to the proper authority of the tribe. -SOURCE- (R.S. Sec. 2072.) -COD- CODIFICATION R.S. Sec. 2072 derived from act June 30, 1834, ch. 162, Sec. 9, 4 Stat. 737. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 450i of this title. -End- -CITE- 25 USC Sec. 49 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 49. Repealed. June 30, 1932, ch. 317, 47 Stat. 421 -MISC1- Section, act May 25, 1918, ch. 86, Sec. 1, 40 Stat. 565, related to qualifications of farmers. -End- -CITE- 25 USC Sec. 50 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 50. Repealed. Pub. L. 88-448, title IV, Sec. 402(a)(2), Aug. 19, 1964, 78 Stat. 492 -MISC1- Section, R.S. Sec. 2074, related to holding of two offices. See section 5533 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF REPEAL Repeal effective on first day of first month which begins later than the 90th day following Aug. 19, 1964, see section 403 of Pub. L. 88-448. -End- -CITE- 25 USC Secs. 51 to 52a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 51 to 52a. Repealed. Pub. L. 92-310, title II, Sec. 229(a), (c)(2), (e), June 6, 1972, 86 Stat. 208 -MISC1- Section 51, R.S. Sec. 2075, empowered President to require additional security from persons charged with disbursement of money or goods. Section 52, act Apr. 30, 1908, ch. 153, 35 Stat. 71, empowered Secretary of the Interior to require new bonds from disbursing officers. Section 52a, act Apr. 21, 1904, ch. 1402, 33 Stat. 191, related to special bonds for large per capita payments. -End- -CITE- 25 USC Sec. 53 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 53. Disbursing officers; acting clerks -STATUTE- Any disbursing agent of the Indian Service, with the approval of the Commissioner of Indian Affairs, may authorize a clerk employed in his office to act in his place and discharge all the duties devolved upon him by law or regulations during such time as he may be unable to perform the duties of his position because of absence, physical disability, or other disqualifying circumstances: Provided, That such clerk, while acting for his principal, shall be subject to all the liabilities and penalties prescribed by law for official misconduct of disbursing agents. -SOURCE- (Feb. 14, 1920, ch. 75, Sec. 1, 41 Stat. 414; Pub. L. 92-310, title II, Sec. 229(f), June 6, 1972, 86 Stat. 209.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which related to official bond of disbursing agent. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Disbursement functions of all Government agencies, except Departments of the Army, Navy, and Air Force and the Panama Canal, transferred to Division of Disbursements, Department of the Treasury, by Ex. Ord. No. 6166, Sec. 4, June 10, 1933, and Ex. Ord. No. 6728, May 29, 1934. Division subsequently consolidated with other agencies into Fiscal Service in Department of the Treasury by Reorg. Plan No. III of 1940, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231. See section 306 of Title 31, Money and Finance. -End- -CITE- 25 USC Secs. 54, 55 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 54, 55. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 634 -MISC1- Section 54, R.S. Sec. 2077, related to traveling expenses. Section 55, act May 17, 1882, ch. 163, Sec. 1, 22 Stat. 86, related to expenses of clerks detailed on special duty. -End- -CITE- 25 USC Sec. 56 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 56. Quarters, fuel, and light for employees -STATUTE- The Secretary of the Interior, in his discretion, may allow quarters, fuel, and light to employees of the Indian Service whose compensation is not prescribed by law, the salaries of such employees to be fixed on this basis and the cost of providing quarters, fuel, and light to be paid from any funds which are applicable and available therefor: Provided, That this authorization shall be retroactive to the extent of approving any expenditures for such purposes authorized by the Secretary of the Interior prior to June 7, 1924. -SOURCE- (June 7, 1924, ch. 328, 43 Stat. 634.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 57 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 57. Omitted -COD- CODIFICATION Section, act Mar. 3, 1925, ch. 462, 43 Stat. 1147, which authorized the Secretary of the Interior to allow employees in the Indian Service heat and light for quarters without charge, was not repeated in subsequent appropriation acts. -End- -CITE- 25 USC Sec. 58 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 58. Limitation on number and kind of employment -STATUTE- The number and kind of employees at each agency shall be prescribed by the Secretary of the Interior and none other shall be employed. -SOURCE- (June 7, 1897, ch. 3, 30 Stat. 90.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- SALARY RESTRICTIONS Act Apr. 18, 1912, ch. 83, Sec. 10, 37 Stat. 88, as amended by act May 25, 1918, ch. 86, Sec. 17, 40 Stat. 578, excluded the Osage Agency from the provisions of act June 7, 1897, limiting the amount of money to be expended for salaries of regular employees at any one agency. Act Feb. 26, 1929, ch. 323, 45 Stat. 1307, which repealed a provision of act Aug. 24, 1912, ch. 388, Sec. 1, 37 Stat. 521, imposing a salary limitation of $15,000 at any one agency and $20,000 at a consolidated agency, was itself repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 647. -End- -CITE- 25 USC Sec. 59 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 59. Transfer of funds for payment of employees; details for other service -STATUTE- When not required for the purpose for which appropriated, the funds provided for the pay of specified employees at any Indian agency may be used by the Secretary of the Interior for the pay of other employees at such agency, but no deficiency shall be thereby created; and, when necessary, specified employees may be detailed for other service when not required for the duty for which they were engaged. -SOURCE- (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 60 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 60. Compensation prescribed to be in full -STATUTE- The several compensations prescribed by title 28 of the Revised Statutes shall be in full of all emoluments or allowances whatsoever. But where necessary, a reasonable allowance or provision may be made for offices and office contingencies. -SOURCE- (R.S. Sec. 2076.) -REFTEXT- REFERENCES IN TEXT Title 28 of the Revised Statutes, referred to in text, was in the original "this title", meaning title 28 of the Revised Statutes, consisting of R.S. Secs. 2039 to 2157. For complete classification of R.S. Secs. 2039 to 2157 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 2076 derived from act June 30, 1834, ch. 162, Sec. 10, 4 Stat. 737. -End- -CITE- 25 USC Sec. 61 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 61. Estimates for personal services in Indian Office -STATUTE- Annual estimates in detail shall be submitted for all personal services required in the Indian Office, and it shall not be lawful to employ in said office any personal services other than those specifically appropriated for in the legislative, executive, and judicial appropriation Acts, except temporary details of field employees for service connected solely with their respective employments. -SOURCE- (Aug. 23, 1912, ch. 350, Sec. 1, 37 Stat. 396.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 62 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 62. Discontinuance and transfer of agencies -STATUTE- The President shall, whenever he may judge it expedient, discontinue any Indian agency, or transfer the same, from the place or tribe designated by law, to such other place or tribe as the public service may require. -SOURCE- (R.S. Sec. 2059.) -COD- CODIFICATION R.S. Sec. 2059 derived from act June 30, 1834, ch. 162, Sec. 4, 4 Stat. 735. -TRANS- DELEGATION OF FUNCTIONS For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President. -End- -CITE- 25 USC Sec. 63 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 63. Consolidation of agencies -STATUTE- The President may, in his discretion, consolidate two or more agencies into one, and where Indians are located on reservations created by Executive order he may, with the consent of the tribes to be affected thereby, expressed in the usual manner, consolidate one or more tribes, and abolish such agencies as are thereby rendered unnecessary. -SOURCE- (May 17, 1882, ch. 163, Sec. 6, 22 Stat. 88; July 4, 1884, ch. 180, Sec. 6, 23 Stat. 97.) -TRANS- DELEGATION OF FUNCTIONS For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President. -End- -CITE- 25 USC Sec. 64 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 64. Services of agents dispensed with -STATUTE- It shall be the duty of the President to dispense with the services of such Indian agents and superintendents as may be practicable; and where it is practicable he shall require the same person to perform the duties of two agencies or superintendencies for one salary. -SOURCE- (R.S. Sec. 2053; June 22, 1874, ch. 389, Sec. 1, 18 Stat. 147; Mar. 3, 1875, ch. 132, Sec. 1, 18 Stat. 421.) -COD- CODIFICATION R.S. Sec. 2053 derived from act Feb. 14, 1873, ch. 138, Sec. 1, 17 Stat. 437. -MISC1- INDIAN AGENTS In a communication, dated November 29, 1940, from the Office of Indian Affairs of the Department of the Interior, it was stated that there have been no Indian agents since 1908, all of the agencies and schools having been placed under the supervision of superintendents. -End- -CITE- 25 USC Sec. 65 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 65. Discontinuance of agents, subagents, and interpreters -STATUTE- The Secretary of the Interior shall, under the direction of the President, cause to be discontinued the services of such agents, subagents, interpreters, and mechanics as may from time to time become unnecessary, in consequence of the emigration of the Indians, or other causes. -SOURCE- (R.S. Sec. 2073; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244.) -COD- CODIFICATION R.S. Sec. 2073 derived from act July 9, 1832, ch. 174, Sec. 5, 4 Stat. 564. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 66 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 66. Duties of agency devolved on superintendent of Indian school -STATUTE- The Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may devolve the duties of Indian agency or part thereof upon the superintendent of the Indian school located at such agency or part thereof whenever in his judgment such superintendent can properly perform the duties of such agency. The pay of any superintendent who performs agency duties in addition to those of his superintendency may be increased by the Commissioner of Indian Affairs, in his discretion, to an extent not exceeding $300 per annum. -SOURCE- (Mar. 1, 1907, ch. 2285, 34 Stat. 1020; Pub. L. 92-310, title II, Sec. 229(d), June 6, 1972, 86 Stat. 208.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which required the superintendent of the Indian school to give a bond as other Indian agents. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 67 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 67. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 636 -MISC1- Section, act Mar. 3, 1893, ch. 209, Sec. 1, 27 Stat. 614, provided that the superintendent of the training school at Cherokee Agency was to act as an agent. -End- -CITE- 25 USC Secs. 68, 68a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 68, 68a. Repealed. Pub. L. 96-277, Sec. 2, June 17, 1980, 94 Stat. 545 -MISC1- Section 68, R.S. Sec. 2078, prohibited employees in Indian affairs from trading with Indians and made offenders liable to a penalty of $5,000 and removal from office. Section 68a, act June 19, 1939, ch. 210, 53 Stat. 840, authorized Federal employees, including Indian Service employees, under rules and regulations of Secretary of the Interior to purchase from Indians and Indian organizations arts and crafts, or other products, services, or commodities, produced, rendered, owned, controlled, or furnished by Indians or Indian organizations, but prohibited employee purchases for purpose of engaging directly or indirectly in commercial selling, reselling, trading, or bartering of such purchases. EFFECTIVE DATE OF REPEAL Section 4 of Pub. L. 96-277 provided that: "The provisions of this Act [amending former section 437 of Title 18, Crimes and Criminal Procedure, repealing sections 68, 68a, 87a, and 441 of this title, and enacting provisions formerly set out as a note under section 437 of Title 18] shall take effect sixty days after the date of enactment of this Act [June 17, 1980]." -End- -CITE- 25 USC CHAPTER 2A - INDIAN CLAIMS COMMISSION 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2A - INDIAN CLAIMS COMMISSION -HEAD- CHAPTER 2A - INDIAN CLAIMS COMMISSION -MISC1- CLAIMS ACCRUING AFTER AUGUST 13, 1946 This chapter related only to claims accruing before Aug. 13, 1946. For jurisdiction of Indian claims against the United States accruing after that date, see section 1505 of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 25 USC Secs. 70 to 70n-2 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2A - INDIAN CLAIMS COMMISSION -HEAD- Secs. 70 to 70n-2. Omitted -COD- CODIFICATION The Indian Claims Commission terminated on Sept. 30, 1978, pursuant to section 70v of this title. Section 70, act Aug. 13, 1946, ch. 959, Sec. 1, 60 Stat. 1049, established Indian Claims Commission. Section 70a, acts Aug. 13, 1946, ch. 959, Sec. 2, 60 Stat. 1050; Oct. 27, 1974, Pub. L. 93-494, Sec. 2, 88 Stat. 1499, related to jurisdiction of claims considered by Commission. Section 70b, acts Aug. 13, 1946, ch. 959, Sec. 3, 60 Stat. 1050; Apr. 10, 1967, Pub. L. 90-9, Secs. 2, 3, 81 Stat. 11; Oct. 12, 1978, Pub. L. 95-453, 92 Stat. 1110, related to members of Commission. Section 70c, act Aug. 13, 1946, ch. 959, Sec. 4, 60 Stat. 1051, related to staff and oath of Commission. Section 70d, act Aug. 13, 1946, ch. 959, Sec. 5, 60 Stat. 1051, related to principal office of Commission. Section 70e, acts Aug. 13, 1946, ch. 959, Sec. 6, 60 Stat. 1051; Apr. 10, 1967, Pub. L. 90-9, Sec. 4, 81 Stat. 11; Mar. 30, 1972, Pub. L. 92-265, Sec. 5, 86 Stat. 115, related to itemized vouchers and authorized appropriations for Commission. Section 70f, act Aug. 13, 1946, ch. 959, Sec. 7, 60 Stat. 1051, related to time of meetings of Commission. Section 70g, act Aug. 13, 1946, ch. 959, Sec. 8, 60 Stat. 1051, related to record of proceedings and public inspection of records of Commission. Section 70h, act Aug. 13, 1946, ch. 959, Sec. 9, 60 Stat. 1051, related to control of procedure of Commission. Section 70i, act Aug. 13, 1946, ch. 959, Sec. 10, 60 Stat. 1052, related to presentation of claims before Commission. Section 70j, act Aug. 13, 1946, ch. 959, Sec. 11, 60 Stat. 1052, related to forbidden transfer of suits in Court of Claims under prior Acts and offsets and counterclaims before Commission. Section 70k, act Aug. 13, 1946, ch. 959, Sec. 12, 60 Stat. 1052, related to limitation of time for presenting claims before Commission. Section 70l, act Aug. 13, 1946, ch. 959, Sec. 13, 60 Stat. 1052, related to notice to tribes, investigation of claims, and availability of data by Commission. Section 70m, act Aug. 13, 1946, ch. 959, Sec. 14, 60 Stat. 1052, related to information from governmental departments and official records as evidence before Commission. Section 70n, act Aug. 13, 1946, ch. 959, Sec. 15, 60 Stat. 1053, related to attorneys of claimants and representation of United States by Attorney General before Commission. Section 70n-1, Pub. L. 88-168, Sec. 1, Nov. 4, 1963, 77 Stat. 301; Pub. L. 89-592, Sept. 19, 1966, 80 Stat. 814; Pub. L. 93-37, Sec. 2, May 24, 1973, 87 Stat. 73, related to revolving fund for expert assistance for preparation and trial of claims before Commission. Section 70n-2, Pub. L. 88-168, Sec. 2, Nov. 4, 1963, 77 Stat. 301, related to inability of applicants to pay for assistance required and denial of loans in cases of unreasonable fees. -MISC1- INDIAN SELF-DETERMINATION CONFLICT OF INTEREST REQUIREMENT INAPPLICABLE TO COMMISSIONER NOT IN OFFICE Section 1 of Pub. L. 95-453 provided in part that section 105(j) of the Indian Self-Determination Act (section 450i(f) of this title) was not to apply to members of the Indian Claims Commission affected by Pub. L. 95-453 (which amended subsec. (c) of section 70b of this title). -End- -CITE- 25 USC Sec. 70n-3 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2A - INDIAN CLAIMS COMMISSION -HEAD- Sec. 70n-3. Repealed. Pub. L. 93-608, Sec. 1(16), Jan. 2, 1975, 88 Stat. 1970 -MISC1- Section, Pub. L. 88-168, Sec. 3, Nov. 4, 1963, 77 Stat. 301, required a report to Committees on Interior and Insular Affairs of Senate and House of Representatives on every loan made under sections 70n-1 to 70n-7 of this title. -End- -CITE- 25 USC Secs. 70n-4 to 70v-3 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2A - INDIAN CLAIMS COMMISSION -HEAD- Secs. 70n-4 to 70v-3. Omitted -COD- CODIFICATION The Indian Claims Commission terminated on Sept. 30, 1978, pursuant to section 70v of this title. Section 70n-4, Pub. L. 88-168, Sec. 4, Nov. 4, 1963, 77 Stat. 301, related to payment of interest and repayment from judgments. Section 70n-5, Pub. L. 88-168, Sec. 5, Nov. 4, 1963, 77 Stat. 301, related to crediting to revolving fund of repayments and interest. Section 70n-6, Pub. L. 88-168, Sec. 6, Nov. 4, 1963, 77 Stat. 301, related to liability of the United States. Section 70n-7, Pub. L. 88-168, Sec. 7, Nov. 4, 1963, 77 Stat. 301, prohibited approval of contingent fee contracts for witness before Commission. Section 70o, act Aug. 13, 1946, ch. 959, Sec. 16, 60 Stat. 1053, forbade a member of Congress from practicing before Commission. Section 70p, act Aug. 13, 1946, ch. 959, Sec. 17, 60 Stat. 1053, related to hearings by Commission. Section 70q, acts Aug. 13, 1946, ch. 959, Sec. 18, 60 Stat. 1054; Apr. 10, 1967, Pub. L. 90-9, Sec. 4, 81 Stat. 11, related to testimony of witnesses before Commission. Section 70r, act Aug. 13, 1946, ch. 959, Sec. 19, 60 Stat. 1054, related to final determinations of Commission. Section 70s, acts Aug. 13, 1946, ch. 959, Sec. 20, 60 Stat. 1054; Sept. 8, 1960, Pub. L. 86-722, 74 Stat. 829; Mar. 13, 1978, Pub. L. 95-243, 92 Stat. 153, related to judicial review of questions or determinations of Commission. Section 70t, act Aug. 13, 1946, ch. 959, Sec. 21, 60 Stat. 1055, related to a report of determination of claim to Congress by Commission. Section 70u, act Aug. 13, 1946, ch. 959, Sec. 22, 60 Stat. 1055, related to payment of claim after final determination and an adverse determination as a bar to further claims against United States. Section 70v, acts Aug. 13, 1946, ch. 959, Sec. 23, 60 Stat. 1055; July 24, 1956, ch. 679, 70 Stat. 624; June 16, 1961, Pub. L. 87-48, 75 Stat. 92; Apr. 10, 1967, Pub. L. 90-9, Sec. 1, 81 Stat. 11; Mar. 30, 1972, Pub. L. 92-265, Sec. 1, 86 Stat. 114; Oct. 8, 1976, Pub. L. 94-465, Sec. 2, 90 Stat. 1990, provided for dissolution of Commission. Section 70v-1, act Aug. 13, 1946, ch. 959, Sec. 27, as added Apr. 10, 1967, Pub. L. 90-9, Sec. 5, 81 Stat. 11; amended Mar. 30, 1972, Pub. L. 92-265, Secs. 2, 3, 86 Stat. 115, related to trial calendar of Commission. Section 70v-2, act Aug. 13, 1946, ch. 959, Sec. 28, as added Mar. 30, 1972, Pub. L. 92-265, Sec. 4, 86 Stat. 115; amended Oct. 8, 1976, Pub. L. 94-465, Sec. 3, 90 Stat. 1990, related to status reports to Congress by Commission. Section 70v-3, act Aug. 13, 1946, ch. 959, Sec. 29, as added July 20, 1977, Pub. L. 95-69, Sec. 2, 91 Stat. 273; amended Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 149, 96 Stat. 46, related to cases transferred to United States Claims Court from Commission. -End- -CITE- 25 USC Sec. 70w 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2A - INDIAN CLAIMS COMMISSION -HEAD- Sec. 70w. Repealed. May 24, 1949, ch. 139, Sec. 142, 63 Stat. 110 -MISC1- Section, act Aug. 13, 1946, ch. 959, Sec. 24, 60 Stat. 1055, related to Indian claims accruing after Aug. 13, 1946. See section 1505 of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 25 USC CHAPTER 3 - AGREEMENTS WITH INDIANS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS -HEAD- CHAPTER 3 - AGREEMENTS WITH INDIANS -MISC1- SUBCHAPTER I - TREATIES Sec. 71. Future treaties with Indian tribes. 72. Abrogation of treaties. SUBCHAPTER II - CONTRACTS WITH INDIANS 81. Contracts and agreements with Indian tribes. (a) Definitions. (b) Approval. (c) Exception. (d) Unapproved agreements. (e) Regulations. (f) Construction. 81a. Counsel for prosecution of claims against the United States; cancellation; revival. 81b. Continuation of contracts with attorneys containing limitation of time where suits have been filed. 82. Payments under contracts; aiding in making prohibited contracts. 82a. Contracts for payment of money permitted certain tribes; payment for legal services. 83, 84. Repealed. 85. Contracts relating to tribal funds or property. 86. Encumbrances on lands allotted to applicants for enrollment in Five Civilized Tribes; use of interest on tribal funds. 87, 87a. Repealed. 88. False vouchers, accounts, or claims. -End- -CITE- 25 USC SUBCHAPTER I - TREATIES 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER I - TREATIES -HEAD- SUBCHAPTER I - TREATIES -End- -CITE- 25 USC Sec. 71 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER I - TREATIES -HEAD- Sec. 71. Future treaties with Indian tribes -STATUTE- No Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty; but no obligation of any treaty lawfully made and ratified with any such Indian nation or tribe prior to March 3, 1871, shall be hereby invalidated or impaired. Such treaties, and any Executive orders and Acts of Congress under which the rights of any Indian tribe to fish are secured, shall be construed to prohibit (in addition to any other prohibition) the imposition under any law of a State or political subdivision thereof of any tax on any income derived from the exercise of rights to fish secured by such treaty, Executive order, or Act of Congress if section 7873 of title 26 does not permit a like Federal tax to be imposed on such income. -SOURCE- (R.S. Sec. 2079; Pub. L. 100-647, title III, Sec. 3042, Nov. 10, 1988, 102 Stat. 3641.) -COD- CODIFICATION R.S. Sec. 2079 derived from act Mar. 3, 1871, ch. 120, Sec. 1, 16 Stat. 566. -MISC1- AMENDMENTS 1988 - Pub. L. 100-647 inserted sentence at end relating to State tax treatment of income derived by Indians from exercise of fishing rights secured by treaties, Executive orders, or Acts of Congress. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-647 applicable to all periods beginning before, on, or after Nov. 10, 1988, with no inference created as to existence or nonexistence or scope of any income tax exemption derived from fishing rights secured as of Mar. 17, 1988, by any treaty, law, or Executive order, see section 3044 of Pub. L. 100-647, set out as an Effective Date note under section 7873 of Title 26, Internal Revenue Code. SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-179, Sec. 1, Mar. 14, 2000, 114 Stat. 46, provided that: "This Act [amending sections 81 and 476 of this title] may be cited as the 'Indian Tribal Economic Development and Contract Encouragement Act of 2000'." -End- -CITE- 25 USC Sec. 72 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER I - TREATIES -HEAD- Sec. 72. Abrogation of treaties -STATUTE- Whenever the tribal organization of any Indian tribe is in actual hostility to the United States, the President is authorized, by proclamation, to declare all treaties with such tribe abrogated by such tribe if in his opinion the same can be done consistently with good faith and legal and national obligations. -SOURCE- (R.S. Sec. 2080.) -COD- CODIFICATION R.S. Sec. 2080 derived from act July 5, 1862, ch. 135, Sec. 1, 12 Stat. 528. -End- -CITE- 25 USC SUBCHAPTER II - CONTRACTS WITH INDIANS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- SUBCHAPTER II - CONTRACTS WITH INDIANS -End- -CITE- 25 USC Sec. 81 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- Sec. 81. Contracts and agreements with Indian tribes -STATUTE- (a) Definitions In this section: (1) The term "Indian lands" means lands the title to which is held by the United States in trust for an Indian tribe or lands the title to which is held by an Indian tribe subject to a restriction by the United States against alienation. (2) The term "Indian tribe" has the meaning given that term in section 450b(e) of this title. (3) The term "Secretary" means the Secretary of the Interior. (b) Approval No agreement or contract with an Indian tribe that encumbers Indian lands for a period of 7 or more years shall be valid unless that agreement or contract bears the approval of the Secretary of the Interior or a designee of the Secretary. (c) Exception Subsection (b) of this section shall not apply to any agreement or contract that the Secretary (or a designee of the Secretary) determines is not covered under that subsection. (d) Unapproved agreements The Secretary (or a designee of the Secretary) shall refuse to approve an agreement or contract that is covered under subsection (b) of this section if the Secretary (or a designee of the Secretary) determines that the agreement or contract - (1) violates Federal law; or (2) does not include a provision that - (A) provides for remedies in the case of a breach of the agreement or contract; (B) references a tribal code, ordinance, or ruling of a court of competent jurisdiction that discloses the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe; or (C) includes an express waiver of the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe (including a waiver that limits the nature of relief that may be provided or the jurisdiction of a court with respect to such an action). (e) Regulations Not later than 180 days after March 14, 2000, the Secretary shall issue regulations for identifying types of agreements or contracts that are not covered under subsection (b) of this section. (f) Construction Nothing in this section shall be construed to - (1) require the Secretary to approve a contract for legal services by an attorney; (2) amend or repeal the authority of the National Indian Gaming Commission under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.); or (3) alter or amend any ordinance, resolution, or charter of an Indian tribe that requires approval by the Secretary of any action by that Indian tribe. -SOURCE- (R.S. Sec. 2103; Pub. L. 85-770, Aug. 27, 1958, 72 Stat. 927; Pub. L. 106-179, Sec. 2, Mar. 14, 2000, 114 Stat. 46.) -REFTEXT- REFERENCES IN TEXT The Indian Gaming Regulatory Act, referred to in subsec. (f)(2), is Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, as amended, which is classified principally to chapter 29 (Sec. 2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. -COD- CODIFICATION R.S. Sec. 2103 derived from acts Mar. 3, 1871, ch. 120, Sec. 3, 16 Stat. 570; May 21, 1872, ch. 177, Secs. 1, 2, 17 Stat. 136. -MISC1- AMENDMENTS 2000 - Pub. L. 106-179 amended section generally, substituting present provisions for provisions which required agreements with Indian tribes or Indians to be in writing, to bear the approval of the Secretary, to contain the names of all parties in interest, to state the time and place of making, purpose, and contingencies, and to have a fixed time limit to run, and provisions which declared agreements made in violation of this section to be null and void and which authorized recovery of amounts in excess of approved amounts, with one half of recovered amounts to be paid into the Treasury. 1958 - Par. Second. Pub. L. 85-770 struck out requirement that contracts with Indian tribes be executed before a judge of a court of record. Par. Sixth. Pub. L. 85-770 struck out par. Sixth enumerating contractual elements to be certified to by the judge. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 81a, 415, 416a, 450l, 458cc, 458aaa-10, 2701, 2711 of this title. -End- -CITE- 25 USC Sec. 81a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- Sec. 81a. Counsel for prosecution of claims against the United States; cancellation; revival -STATUTE- Any contracts or agreements approved prior to June 26, 1936, by the Secretary of the Interior between the authorities of any tribe, band, or group of Indians and their attorneys for the prosecution of claims against the United States, which provide that such contracts or agreements shall run for a period of years therein specified, and as long thereafter as may be required to complete the business therein provided for, or words of like import, or which provide that compensation for services rendered shall be on a quantum-meruit basis not to exceed a specified percentage, shall be deemed a sufficient compliance with section 81 of this title: Provided, however, That nothing herein contained shall limit the power of the Secretary of the Interior, after due notice and hearing and for proper cause shown, to cancel any such contract or agreement: Provided further, That the provisions of this section and section 81b of this title shall not be construed to revive any contract which has been terminated by lapse of time, operation of law, or by acts of the parties thereto. -SOURCE- (June 26, 1936, ch. 851, Sec. 1, 49 Stat. 1984.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 81b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- Sec. 81b. Continuation of contracts with attorneys containing limitation of time where suits have been filed -STATUTE- Any existing valid contract made and approved prior to June 26, 1936, pursuant to any Act of Congress by any tribe, band, or group of Indians with an attorney or attorneys for the rendition of services in the prosecution of claims against the United States under authority of which suit or suits have been filed, and which contains a limitation of time for the completion of the services to be performed may be continued in full force unless a subsequent contract dealing with the same subject matter has been made and approved. -SOURCE- (June 26, 1936, ch. 851, Sec. 2, 49 Stat. 1984.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 81a of this title. -End- -CITE- 25 USC Sec. 82 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- Sec. 82. Payments under contracts; aiding in making prohibited contracts -STATUTE- No money shall be paid to any agent or attorney by an officer of the United States under any such contract or agreement, other than the fees due him for services rendered thereunder; but the moneys due the tribe, Indian, or Indians, as the case may be, shall be paid by the United States, through its own officers or agents, to the party or parties entitled thereto; and no money or thing shall be paid to any person for services under such contract or agreement, until such person shall have first filed with the Commissioner of Indian Affairs a sworn statement, showing each particular act of service under the contract, giving date and fact in detail, and the Secretary of the Interior and Commissioner of Indian Affairs shall determine therefrom whether, in their judgment, such contract or agreement has been complied with or fulfilled; if so, the same may be paid, and, if not, it shall be paid in proportion to the services rendered under the contract. -SOURCE- (R.S. Sec. 2104.) -COD- CODIFICATION R.S. Sec. 2104 derived from act May 21, 1872, ch. 177, Sec. 3, 17 Stat. 137. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 82a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- Sec. 82a. Contracts for payment of money permitted certain tribes; payment for legal services -STATUTE- Contracts involving the payment or expenditure of any money or affecting any property belonging to the Choctaw, Chickasaw, Cherokee, Creek, or Seminole Tribes of Indians, including contracts for professional legal services, may be made by said tribes, with the approval of the Secretary of the Interior, or his authorized representative, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That the provisions of this section shall not apply to contracts for professional legal services involving the prosecution of claims against the United States. -SOURCE- (July 3, 1952, ch. 549, Sec. 1, 66 Stat. 323.) -MISC1- CONTRACTS INVOLVING CHOCTAW AND CHICKASAW TRIBES Section 2 of act July 3, 1952, provided: "That the second proviso in section 28 of the Act of April 26, 1906, ch. 1876 (34 Stat. 148) [not classified to the Code], and the provisions contained in the fifth paragraph of section 17 of the Act of March 3, 1911, ch. 210 (36 Stat. 1070) [not classified to the Code], dealing with contracts made by the Choctaw and Chickasaw Tribes of Indians for professional legal services of attorneys, are hereby repealed." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 450l, 458cc, 458aaa-10 of this title. -End- -CITE- 25 USC Sec. 83 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- Sec. 83. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section, R.S. Sec. 2105, related to payments under prohibited contracts. EFFECTIVE DATE OF REPEAL Repeal by act June 25, 1948 effective Sept. 1, 1948. -End- -CITE- 25 USC Sec. 84 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- Sec. 84. Repealed. Pub. L. 106-568, title VIII, Sec. 812(c)(1), Dec. 27, 2000, 114 Stat. 2917 -MISC1- Section, R.S. Sec. 2106, related to restrictions on assignments of contracts. -End- -CITE- 25 USC Sec. 85 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- Sec. 85. Contracts relating to tribal funds or property -STATUTE- No contract made with any Indian, where such contract relates to the tribal funds or property in the hands of the United States, shall be valid, nor shall any payment for services rendered in relation thereto be made unless the consent of the United States has previously been given. -SOURCE- (June 30, 1913, ch. 4, Sec. 18, 38 Stat. 97.) -End- -CITE- 25 USC Sec. 86 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- Sec. 86. Encumbrances on lands allotted to applicants for enrollment in Five Civilized Tribes; use of interest on tribal funds -STATUTE- Land allotted to any applicant for enrollment as a citizen in the Five Civilized Tribes whether an Indian or freedman, shall not be affected or encumbered by any deed, debt, or obligation of any character contracted prior to the time at which said land may be alienated under the laws of the United States: Provided further, That the interest accruing from tribal funds and deposited in banks in the State of Oklahoma may be used as authorized by the Act of March third, nineteen hundred and eleven, under the direction of the Secretary of the Interior, to defray the expense of per capita payments authorized by Congress. -SOURCE- (Aug. 1, 1914, ch. 222, Sec. 17, 38 Stat. 601; June 25, 1948, ch. 645, Sec. 3, 62 Stat. 859.) -REFTEXT- REFERENCES IN TEXT Act of March third, nineteen hundred and eleven, referred to in text, is act Mar. 3, 1911, ch. 210, 36 Stat. 1060, as amended, which, insofar as classified to the Code, enacted sections 11, 118, 143, 156, 300, and 301 of this title. For classification of this Act to the Code, see Tables. -MISC1- AMENDMENTS 1948 - Act June 25, 1948, struck out provisions relating to prohibiting contracts for compensation for services in relation to enrollment in the Five Civilized Tribes. EFFECTIVE DATE OF 1948 AMENDMENT Amendment by act June 25, 1948 effective Sept. 1, 1948. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 87 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- Sec. 87. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section, act June 22, 1874, ch. 389, Sec. 10, 18 Stat. 177, related to interest of agents and employees in Indian contracts. See section 437 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948. -End- -CITE- 25 USC Sec. 87a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- Sec. 87a. Repealed. Pub. L. 96-277, Sec. 2, June 17, 1980, 94 Stat. 545 -MISC1- Section, act June 19, 1939, ch. 210, 53 Stat. 840, authorized Federal employees, including Indian Service employees, under rules and regulations of Secretary of the Interior to purchase from Indians and Indian organizations arts and crafts, or other products, services, or commodities, produced, rendered, owned, controlled, or furnished by Indians or Indian organizations, but prohibited employee purchases for purpose of engaging directly or indirectly in commercial selling, reselling, trading, or bartering of such purchases. EFFECTIVE DATE OF REPEAL Repeal effective sixty days after June 17, 1980, see section 4 of Pub. L. 96-277, set out as a note under section 68 of this title. -End- -CITE- 25 USC Sec. 88 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 3 - AGREEMENTS WITH INDIANS SUBCHAPTER II - CONTRACTS WITH INDIANS -HEAD- Sec. 88. False vouchers, accounts, or claims -STATUTE- Any disbursing or other officer of the United States, or other person, who shall knowingly present, or cause to be presented, any voucher, account, or claim to any officer of the United States, for approval or payment, or for the purpose of securing a credit in any account with the United States, relating to any matter pertaining to the Indian Service, which shall contain any material misrepresentation of fact in regard to the amount due or paid, the name or character of the article furnished or received; or of the service rendered, or to the date of purchase, delivery, or performance of service, or in any other particular, shall not be entitled to payment or credit for any part of said voucher, account, or claim; and if any such credit shall be given or received, or payment made, the United States may recharge the same to the officer or person receiving the credit or payment, and recover the amount from either or from both, in the same manner as other debts due the United States are collected: Provided, That where an account contains more than one voucher the foregoing shall apply only to such vouchers as contain the misrepresentation: And provided further, That the officers and persons by and between whom the business is transacted shall, in all civil actions in settlement of accounts, be presumed to know the facts in relation to the matter set forth in the voucher, account, or claim: And provided further, That the foregoing shall be in addition to the penalties prescribed by law, and in no way affect proceedings under existing law for like offenses. Where practicable this section shall be printed on the blank forms of vouchers provided for general use. -SOURCE- (July 4, 1884, ch. 180, Sec. 8, 23 Stat. 97.) -TRANS- TRANSFER OF FUNCTIONS Transfer of disbursement functions of all Government agencies with certain exceptions to Fiscal Service, Department of the Treasury, see note set out under section 53 of this title. -End- -CITE- 25 USC CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS -HEAD- CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS -MISC1- SUBCHAPTER I - PURCHASE OF SUPPLIES Sec. 91 to 96. Omitted or Repealed. 97. Proposals or bids for contracts to be preserved. 98. Purchase of supplies without authority. 99. Contracts for supplies in advance of appropriations. 100. Repealed. 101. Payment for wagon transportation. 102. Payment of costs for furnishing coal for Indian Service. 103. Repealed. 104. Purchase of articles manufactured at schools. SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES 111. Payment of moneys and distribution of goods. 112. Persons present at delivery of goods and money. 113. Mode of disbursements. 114. Payment of annuities in coin. 115. Payment of annuities in goods. 116. Indians 18 years of age to have right to receipt for annuity. 117. Repealed. 117a. Per capita distribution of funds to tribe members. 117b. Distribution of funds. (a) Previous contractual obligations; tax exemption. (b) Funds appropriated in satisfaction of judgments. (c) Shoshone Tribe and Arapahoe Tribe of the Wind River Reservation, Wyoming. 117c. Standards for approval of tribal payments; United States not liable for distribution of funds; continuing responsibility under other provisions. 118. Payments in satisfaction of judgments. 119. Allotment of tribal funds to individual Indians. 120. Per capita payments to enrolled members of Choctaw and Chickasaw Tribes. 121. Payment of share of tribal funds to helpless Indians. 122. Limitation on application of tribal funds. 123. Expenditure from tribal funds without specific appropriations. 123a. Tribal funds; use to purchase insurance for protection of tribal property. 123b. Tribal funds for traveling and other expenses. 123c. Advancement of tribal funds to Indian tribes; miscellaneous authorized purposes. 123d. Additional appropriations from tribal funds. 124. Expenditures from tribal funds of Five Civilized Tribes without specific appropriations. 125. Expenditure of moneys of tribes of Quapaw Agency. 126. Omitted. 127. Moneys or annuities of hostile Indians. 128. Appropriations not paid to Indians at war with United States. 129. Moneys due Indians holding captives other than Indians withheld. 130. Withholding of moneys or goods on account of intoxicating liquors. 131. Advances to disbursing officers. 132. Mode of distribution of goods. 133. Rolls of Indians entitled to supplies. 134. Appropriations for supplies available immediately; time for distribution. 135. Supplies distributed so as to prevent deficiencies. 136. Commutation of rations and other supplies; payment per capita. 137. Supplies distributed to able-bodied males on condition. 138. Goods withheld from chiefs violating treaty stipulations. 139. Appropriations for subsistence. 140. Diversion of appropriations for employees and supplies. 141 to 144. Omitted or Repealed. 145. Accounts between United States and tribes under reimbursable appropriations. 146. Report of Indians present and receiving food. 147. Appropriations for specified buildings; use for transportation of materials. 148. Appropriations for supplies; transfer to Indian Service supply fund; expenditure. SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS 151. Deposits in bank by disbursing agents. 152. Proceeds of sales of Indian lands. 153. Appropriation to carry out treaties. 154. Proceeds of sales of lands not subject to certain deductions. 155. Disposal of miscellaneous revenues from Indian reservations, etc. 155a. Transferred. 155b. Proceeds of labor accounts; deposits limited to funds held in trust for Indian tribes or individuals. 156. Deposit of funds from sales of lands and property of Five Civilized Tribes. 157. Investments of stock required by treaties. 158. Investment of proceeds of lands. 159. Moneys due incompetents or orphans. 160. Custody of stocks or bonds held in trust for tribes. 161. Deposit in Treasury of trust funds. 161a. Tribal funds in trust in Treasury Department; investment by Secretary of the Treasury; maturities; interest; funds held in trust for individual Indians. 161b. "Indian Money, Proceeds of Labor" fund; separate accounts for respective tribes; rate of interest. 161c. Surplus above requirements of fund; transfer to surplus fund of Treasury; retransfer. 161d. Disposition of accrued interest. 162. Repealed. 162a. Deposit of tribal funds in banks; bond or collateral security; investments; collections from irrigation projects; affirmative action required. (a) Deposit of tribal trust funds in banks. (b) Investment of collections from irrigation projects and power operations on irrigation projects. (c) Investment of tribal trust funds in public debt obligations. (d) Trust responsibilities of Secretary of the Interior. 163. Roll of membership of Indian tribes. 164. Restoration to tribal ownership of unclaimed per capita and other individual payments of tribal trust funds; deposit in general fund of the Treasury. 165. Notice to Congressional committees. 166. Applicability of Federal Advisory Committee Act. -End- -CITE- 25 USC SUBCHAPTER I - PURCHASE OF SUPPLIES 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- SUBCHAPTER I - PURCHASE OF SUPPLIES -End- -CITE- 25 USC Secs. 91, 92 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Secs. 91, 92. Omitted -COD- CODIFICATION Section 91, R.S. Sec. 2083, related to purchase of goods pursuant to any Indian treaty. See section 5 of Title 41, Public Contracts. Section 92, R.S. Sec. 2084, related to purchase of goods by Office of Indian Affairs. See section 5 of Title 41. -MISC1- PROCUREMENT FUNCTIONS Effective Jan. 1, 1947, Procurement Division of Department of the Treasury changed to Bureau of Federal Supply by regulation issued by Secretary of the Treasury under authority of section 301 of Title 5, Government Organization and Employees. Functions of Bureau of Federal Supply transferred to Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380. See text of, and Historical and Revision Notes under, section 303(a) of Title 40, Public Buildings, Property, and Works. Function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency transferred to a Procurement Division in Department of the Treasury by Ex. Ord. No. 6166, June 10, 1933, set out as a note under section 901 of Title 5. -End- -CITE- 25 USC Sec. 93 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Sec. 93. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1112 -MISC1- Section, acts June 25, 1910, ch. 431, Sec. 23, 36 Stat. 861; May 18, 1916, ch. 125, Sec. 1, 39 Stat. 126; Jan. 12, 1927, ch. 27, 44 Stat. 936, related to purchase of Indian supplies and services. See sections 5, 6a and 6b of Title 41, Public Contracts. Construction of repeal, see Repeals note set out under section 6a of Title 41. -End- -CITE- 25 USC Sec. 94 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Sec. 94. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028 -MISC1- Section, act Apr. 30, 1908, ch. 153, 35 Stat. 71, related to purchase of supplies, advertisement therefor, and supplies for irrigation works. See section 5 of Title 41, Public Contracts. -End- -CITE- 25 USC Sec. 95 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Sec. 95. Repealed. Mar. 27, 1939, ch. 18, 53 Stat. 551 -MISC1- Section, acts June 22, 1874, ch. 389, Sec. 6, 18 Stat. 176; Mar. 3, 1875, ch. 132, Sec. 9, 18 Stat. 450; May 18, 1916, ch. 125, Sec. 1, 39 Stat. 129, referred to bids under advertisements for goods or supplies. -End- -CITE- 25 USC Sec. 96 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Sec. 96. Repealed. Pub. L. 104-316, title I, Sec. 112(a), Oct. 19, 1996, 110 Stat. 3833 -MISC1- Section, acts Mar. 3, 1875, ch. 132, Sec. 7, 18 Stat. 450; July 31, 1894, ch. 174, Secs. 3, 7, 28 Stat. 205, 206; June 10, 1921, ch. 18, title III, Sec. 304, 42 Stat. 24, directed that copies of contracts made by Commissioner of Indian Affairs, or any other officer of Government for the Indian Service, be furnished to General Accounting Office prior to payment. -End- -CITE- 25 USC Sec. 97 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Sec. 97. Proposals or bids for contracts to be preserved -STATUTE- In all lettings of contracts in connection with the Indian Service, the proposals or bids received shall be filed and preserved..(!1) -SOURCE- (Aug. 15, 1876, ch. 289, Sec. 3, 19 Stat. 199; June 21, 1906, ch. 3504, 34 Stat. 328; Pub. L. 104-316, title I, Sec. 112(b), Oct. 19, 1996, 110 Stat. 3833.) -MISC1- AMENDMENTS 1996 - Pub. L. 104-316 substituted a period for "; and an abstract of all bids or proposals received for the supplies or services embraced in any contract shall be attached to, and filed with, the said contract when the same is filed in the office of the Second Comptroller of the Treasury". -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Effective Jan. 1, 1947, Procurement Division of Department of the Treasury changed to Bureau of Federal Supply by regulation issued by Secretary of the Treasury under authority of section 301 of Title 5. Functions of Bureau of Federal Supply transferred to Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380. See text of, and Historical and Revision Notes under, section 303(a) of Title 40, Public Buildings, Property, and Works. Function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency transferred to a Procurement Division in Department of the Treasury by Ex. Ord. No. 6166, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. -FOOTNOTE- (!1) So in original. -End- -CITE- 25 USC Sec. 98 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Sec. 98. Purchase of supplies without authority -STATUTE- No claims for supplies for Indians, purchased without authority of law, shall be paid out of any appropriation for expenses of the Office of Indian Affairs, or for Indians. -SOURCE- (R.S. Sec. 2085.) -COD- CODIFICATION R.S. Sec. 2085 derived from act July 15, 1870, ch. 296, Sec. 2, 16 Stat. 360. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 99 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Sec. 99. Contracts for supplies in advance of appropriations -STATUTE- The Commissioner of Indian Affairs is authorized to advertise in the spring of each year for bids, and enter into contracts, subject to the approval of the Secretary of the Interior, for goods and supplies for the Indian Service required for the ensuing fiscal year, notwithstanding the fact that the appropriations for such fiscal year have not been made, and the contracts so made shall be on the basis of the appropriations for the preceding fiscal year, and shall contain a clause that no deliveries shall be made under the same and no liability attach to the United States in consequence of such execution if Congress fails to make an appropriation for such contract for the fiscal year for which those supplies are required. -SOURCE- (Aug. 15, 1894, ch. 290, Sec. 4, 28 Stat. 312.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Effective Jan. 1, 1947, Procurement Division of Department of the Treasury changed to Bureau of Federal Supply by regulation issued by Secretary of the Treasury under authority of section 301 of Title 5. Functions of Bureau of Federal Supply transferred to Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380. See text of, and Historical and Revision Notes under, section 303(a) of Title 40, Public Buildings, Property, and Works. Function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency transferred to a Procurement Division in Department of the Treasury by Ex. Ord. No. 6166, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 100 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Sec. 100. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(48), 65 Stat. 703 -MISC1- Section, acts Mar. 3, 1877, ch. 101, Sec. 1, 19 Stat. 291; July 7, 1898, ch. 571, Sec. 1, 30 Stat. 676, related to transportation of Indian goods and supplies under contract or in open market. -End- -CITE- 25 USC Sec. 101 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Sec. 101. Payment for wagon transportation -STATUTE- All wagon transportation from the point where delivery is made by the last common carrier to the agency, school, or elsewhere, and between points on the reservation or elsewhere, shall be paid from the funds appropriated or otherwise available for the support of the school, agency, or other project for which the supplies to be transported are purchased. -SOURCE- (June 30, 1913, ch. 4, Sec. 1, 38 Stat. 79.) -TRANS- TRANSFER OF FUNCTIONS Effective Jan. 1, 1947, Procurement Division of Department of the Treasury changed to Bureau of Federal Supply by regulation issued by Secretary of the Treasury under authority of section 301 of Title 5, Government Organization and Employees. Functions of Bureau of Federal Supply transferred to Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380. See text of, and Historical and Revision Notes under, section 303(a) of Title 40, Public Buildings, Property, and Works. Function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency transferred to a Procurement Division in Department of the Treasury by Ex. Ord. No. 6166, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 102 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Sec. 102. Payment of costs for furnishing coal for Indian Service -STATUTE- The cost of inspection, storage, transportation, and so forth, of coal for the Indian Service shall be paid from the support fund of the school or agency for which the coal is purchased. -SOURCE- (Feb. 14, 1920, ch. 75, Sec. 1, 41 Stat. 412.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Archivist transferred to Administrator of General Services by section 104(a) of act June 30, 1949, ch. 288, title I, 63 Stat. 381. See text of, and Historical and Revision Notes under, section 2102 of Title 44, Public Printing and Documents. Transfer of functions effective July 1, 1949, see section 605, formerly Sec. 505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. -End- -CITE- 25 USC Sec. 103 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Sec. 103. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028 -MISC1- Section, act Apr. 30, 1908, ch. 153, 35 Stat. 73, related to maintenance of warehouses for goods of the Indian Service. -End- -CITE- 25 USC Sec. 104 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I - PURCHASE OF SUPPLIES -HEAD- Sec. 104. Purchase of articles manufactured at schools -STATUTE- The Secretary of the Interior is authorized, whenever it can be done advantageously, to purchase for use in the Indian Service, from Indian manual and training schools, in the manner customary among individuals such articles as may be manufactured at such schools, and which are used in the Indian Service. Accounts of such transactions shall be kept in the Indian Bureau and in the training schools, and reports thereof made from time to time. -SOURCE- (May 11, 1880, ch. 85, Sec. 1, 21 Stat. 131.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Effective Jan. 1, 1947, Procurement Division of Department of the Treasury changed to Bureau of Federal Supply by regulation issued by Secretary of the Treasury under authority of section 301 of Title 5, Government Organization and Employees. Functions of Bureau of Federal Supply transferred to Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380. See text of, and Historical and Revision Notes under, section 303(a) of Title 40, Public Buildings, Property, and Works. Function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency transferred to a Procurement Division in Department of the Treasury by Ex. Ord. No. 6166, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. -End- -CITE- 25 USC SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -End- -CITE- 25 USC Sec. 111 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 111. Payment of moneys and distribution of goods -STATUTE- The payment of all moneys and the distribution of all goods stipulated to be furnished to any Indians, or tribe of Indians, shall be made in one of the following ways, as the President or the Secretary of the Interior may direct: First. To the chiefs of a tribe, for the tribe. Second. In cases where the imperious interest of the tribe or the individuals intended to be benefited, or any treaty stipulation, requires the intervention of an agency, then to such person as the tribe shall appoint to receive such moneys or goods; or if several persons be appointed, then upon the joint order or receipt of such persons. Third. To the heads of the families and to the individuals entitled to participate in the moneys or goods. Fourth. By consent of the tribe, such moneys or goods may be applied directly, under such regulations, not inconsistent with treaty stipulations, as may be prescribed by the Secretary of the Interior, to such purposes as will best promote the happiness and prosperity of the members of the tribe, and will encourage able-bodied Indians in the habits of industry and peace. -SOURCE- (R.S. Sec. 2086.) -COD- CODIFICATION R.S. Sec. 2086 derived from acts June 30, 1834, ch. 162, Sec. 11, 4 Stat. 737; Mar. 3, 1847, ch. 66, Sec. 3, 9 Stat. 203; Aug. 30, 1852, ch. 103, Sec. 3, 10 Stat. 56; July 15, 1870, ch. 296, Secs. 2, 3, 16 Stat. 360. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 112 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 112. Persons present at delivery of goods and money -STATUTE- The superintendent, agent, or subagent, together with such military officer as the President may direct, shall be present, and certify to the delivery of all goods and money required to be paid or delivered to the Indians. -SOURCE- (R.S. Sec. 2088.) -COD- CODIFICATION R.S. Sec. 2088 derived from act June 30, 1834, ch. 162, Sec. 13, 4 Stat. 737. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 113 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 113. Mode of disbursements -STATUTE- At the discretion of the President all disbursements of moneys, whether for annuities or otherwise, to fulfill treaty stipulations with individual Indians or Indian tribes, shall be made in person by the superintendents of Indian affairs, where superintendencies exist, to all Indians or tribes within the limits of their respective superintendencies, in the presence of the local agents and interpreters, who shall witness the same, under such regulations as the Secretary of the Interior may direct. -SOURCE- (R.S. Sec. 2089.) -COD- CODIFICATION R.S. Sec. 2089 derived from act Mar. 3, 1857, ch. 90, Sec. 1, 11 Stat. 169. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Transfer of disbursement functions of all Government agencies with certain exceptions to the Fiscal Service, Department of the Treasury, see note set out under section 53 of this title. -End- -CITE- 25 USC Sec. 114 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 114. Payment of annuities in coin -STATUTE- The Secretary of the Treasury is authorized to pay in coin such of the annuities as by the terms of any treaty of the United States with any Indian tribe are required to be paid in coin. -SOURCE- (R.S. Sec. 2081.) -COD- CODIFICATION R.S. Sec. 2081 derived from act Mar. 3, 1865, ch. 127, Sec. 3, 13 Stat. 561. -End- -CITE- 25 USC Sec. 115 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 115. Payment of annuities in goods -STATUTE- The President may, at the request of any Indian tribe, to which an annuity is payable in money, cause the same to be paid in goods, purchased as provided in section 91 of this title. -SOURCE- (R.S. Sec. 2082.) -REFTEXT- REFERENCES IN TEXT Section 91 of this title, referred to in text, was omitted from the Code. See section 5 of Title 41, Public Contracts. -COD- CODIFICATION R.S. Sec. 2082 derived from act June 30, 1834, ch. 162, Sec. 12, 4 Stat. 737. -End- -CITE- 25 USC Sec. 116 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 116. Indians 18 years of age to have right to receipt for annuity -STATUTE- All Indians, when they shall arrive at the age of eighteen years, shall have the right to receive and receipt for all annuity money that may be due or become due to them, if not otherwise incapacitated under the regulations of the Indian Office. -SOURCE- (Mar. 1, 1899, ch. 324, Sec. 8, 30 Stat. 947.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 117 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 117. Repealed. Pub. L. 98-64, Sec. 4(a), Aug. 2, 1983, 97 Stat. 366 -MISC1- Section, act June 10, 1896, ch. 398, Sec. 1, 29 Stat. 336, directed that any sums of money to be paid per capita to individual Indians be paid to said Indians by an officer of the Government designated by the Secretary of the Interior. See section 117a et seq. of this title. -End- -CITE- 25 USC Sec. 117a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 117a. Per capita distribution of funds to tribe members -STATUTE- Funds which are held in trust by the Secretary of the Interior (hereinafter referred to as the "Secretary") for an Indian tribe and which are to be distributed per capita to members of that tribe may be so distributed by either the Secretary or, at the request of the governing body of the tribe and subject to the approval of the Secretary, the tribe. Any funds so distributed shall be paid by the Secretary or the tribe directly to the members involved or, if such members are minors or have been legally determined not competent to handle their own affairs, to a parent or guardian of such members or to a trust fund for such minors or legal incompetents as determined by the governing body of the tribe. -SOURCE- (Pub. L. 98-64, Sec. 1, Aug. 2, 1983, 97 Stat. 365.) -MISC1- SHORT TITLE Pub. L. 98-64, Aug. 2, 1983, 97 Stat. 365, which enacted sections 117a to 117c and repealed section 117 of this title and repealed section 19 (per capita payments provisions) of act June 28, 1898, ch. 517, 30 Stat. 502, is popularly known as the "Per Capita Act". -SECREF- ACT REFERRED TO IN OTHER SECTIONS The Per Capita Act is referred to in sections 1300i-6, 1773h of this title; title 20 section 1087uu-1. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 117b, 117c of this title. -End- -CITE- 25 USC Sec. 117b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 117b. Distribution of funds -STATUTE- (a) Previous contractual obligations; tax exemption Funds distributed under sections 117a to 117c of this title shall not be liable for the payment of previously contracted obligations except as may be provided by the governing body of the tribe and distributions of such funds shall be subject to the provisions of section 7 of the Act of October 19, 1973 (87 Stat. 466), as amended [25 U.S.C. 1407]. (b) Funds appropriated in satisfaction of judgments Nothing in sections 117a to 117c of this title shall affect the requirements of the Act of October 19, 1973 (87 Stat. 466), as amended [25 U.S.C. 1401 et seq.], or of any plan approved thereunder, with respect to the use or distribution of funds subject to that Act: Provided, That per capita payments made pursuant to a plan approved under that Act may be made by an Indian tribe as provided in section 117a of this title if all other provisions of the 1973 Act are met, including but not limited to, the protection of the interests of minors and incompetents in such funds. (c) Shoshone Tribe and Arapahoe Tribe of the Wind River Reservation, Wyoming Nothing in sections 117a to 117c of this title, except the provisions of subsection (a) of this section, shall apply to the Shoshone Tribe and the Arapahoe Tribe of the Wind River Reservation, Wyoming. -SOURCE- (Pub. L. 98-64, Sec. 2, Aug. 2, 1983, 97 Stat. 365.) -REFTEXT- REFERENCES IN TEXT Act of October 19, 1973, referred to in subsec. (b), is Pub. L. 93-134, Oct. 19, 1973, 87 Stat. 466, as amended, known as the Indian Tribal Judgment Funds Use or Distribution Act, which is classified generally to chapter 16 (Sec. 1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1401(c) of this title and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 117c of this title. -End- -CITE- 25 USC Sec. 117c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 117c. Standards for approval of tribal payments; United States not liable for distribution of funds; continuing responsibility under other provisions -STATUTE- (a) The Secretary shall, by regulation, establish reasonable standards for the approval of tribal payments pursuant to section 117a of this title and, where approval is given under such regulations, the United States shall not be liable with respect to any distribution of funds by a tribe under sections 117a to 117c of this title. (b) Nothing in sections 117a to 117c of this title shall otherwise absolve the United States from any other responsibility to the Indians, including those which derive from the trust relationship and from any treaties, Executive orders, or agreements between the United States and any Indian tribe. -SOURCE- (Pub. L. 98-64, Sec. 3, Aug. 2, 1983, 97 Stat. 365.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 117b of this title. -End- -CITE- 25 USC Sec. 118 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 118. Payments in satisfaction of judgments -STATUTE- Payments to Indians made from moneys appropriated by Congress in satisfaction of the judgment of any court shall be made under the direction of the officers of the Interior Department charged by law with the supervision of Indian affairs, and all such payments shall be accounted for to the Treasury in conformity with law. -SOURCE- (Mar. 3, 1911, ch. 210, Sec. 28, 36 Stat. 1077.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Transfer of disbursement functions of all Government agencies with certain exceptions to the Fiscal Service, Department of the Treasury, see note set out under section 53 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 86 of this title. -End- -CITE- 25 USC Sec. 119 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 119. Allotment of tribal funds to individual Indians -STATUTE- The Secretary of the Interior is authorized, in his discretion, from time to time, to designate any individual Indian belonging to any tribe or tribes whom he may deem to be capable of managing his or her affairs, and he may cause to be apportioned and allotted to any such Indian his or her pro rata share of any tribal or trust funds on deposit in the Treasury of the United States to the credit of the tribe or tribes of which said Indian is a member, and the amount so apportioned and allotted shall be placed to the credit of such Indian upon the books of the Treasury, and the same shall thereupon be subject to the order of such Indian: Provided, That no apportionment or allotment shall be made to any Indian until such Indian has first made an application therefor: Provided further, That the Secretaries of the Interior and of the Treasury are directed to withhold from such apportionment and allotment a sufficient sum of the said Indian funds as may be necessary or required to pay any existing claims against said Indians that may be pending for settlement by judicial determination in the United States Court of Federal Claims or in the Executive Departments of the Government, at time of such apportionment and allotment. -SOURCE- (Mar. 2, 1907, ch. 2523, Sec. 1, 34 Stat. 1221; Pub. L. 97-164, title I, Sec. 160(a)(7), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) -MISC1- AMENDMENTS 1992 - Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court". 1982 - Pub. L. 97-164 substituted "United States Claims Court" for "Court of Claims". EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 120 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 120. Per capita payments to enrolled members of Choctaw and Chickasaw Tribes -STATUTE- The Secretary of the Interior, under rules and regulations to be prescribed by him, is authorized to make per capita payments of not to exceed $200 annually to the enrolled members of the Choctaw and Chickasaw Tribes of Indians of Oklahoma, entitled under existing law to share in the funds of said tribes, or to their lawful heirs, of all the available money held by the Government of the United States for the benefit of said tribes in excess of that required for expenditures authorized by annual appropriations made therefrom or by existing law. -SOURCE- (Feb. 14, 1920, ch. 75, Sec. 18, 41 Stat. 427.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 121 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 121. Payment of share of tribal funds to helpless Indians -STATUTE- The pro rata share of any Indian who is mentally or physically incapable of managing his or her own affairs may be withdrawn from the Treasury in the discretion of the Secretary of the Interior and expended for the benefit of such Indian under such rules, regulations, and conditions as the said Secretary may prescribe: Provided, That said funds of any Indian shall not be withdrawn from the Treasury until needed by the Indian and upon his application and when approved by the Secretary of the Interior. -SOURCE- (Mar. 2, 1907, ch. 2523, Sec. 2, 34 Stat. 1221; May 18, 1916, ch. 125, Sec. 1, 39 Stat. 128.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 122 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 122. Limitation on application of tribal funds -STATUTE- No funds belonging to any Indian tribe with which treaty relations exist shall be applied in any manner not authorized by such treaty, or by express provisions of law; nor shall money appropriated to execute a treaty be transferred or applied to any other purpose, unless expressly authorized by law. -SOURCE- (R.S. Sec. 2097.) -COD- CODIFICATION R.S. Sec. 2097 derived from act July 26, 1866, ch. 266, Sec. 2, 14 Stat. 280. -End- -CITE- 25 USC Sec. 123 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 123. Expenditure from tribal funds without specific appropriations -STATUTE- No money shall be expended from Indian tribal funds without specific appropriation by Congress except as follows: Equalization of allotments, education of Indian children in accordance with existing law, per capita and other payments, all of which are hereby continued in full force and effect: Provided, That this shall not change existing law with reference to the Five Civilized Tribes. -SOURCE- (May 18, 1916, ch. 125, Sec. 27, 39 Stat. 158.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 155 of this title. -End- -CITE- 25 USC Sec. 123a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 123a. Tribal funds; use to purchase insurance for protection of tribal property -STATUTE- On and after April 13, 1926, the funds of any tribe of Indians under the control of the United States may be used for payments of insurance premiums for protection of the property of the tribe against fire, theft, tornado, hail, earthquake, or other elements and forces of nature, and for protection against liability on account of injuries or damages to persons or property and other like claims. -SOURCE- (Apr. 13, 1926, ch. 118, 44 Stat. 242; Aug. 2, 1946, ch. 754, 60 Stat. 852.) -MISC1- AMENDMENTS 1946 - Act Aug. 2, 1946, provided for use of funds to pay premiums on personal and property damage insurance. -End- -CITE- 25 USC Sec. 123b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 123b. Tribal funds for traveling and other expenses -STATUTE- On and after May 9, 1938, tribal funds shall be available for appropriation by Congress for traveling and other expenses, including supplies and equipment, of members of tribal councils, business committees, or other tribal organizations, when engaged on business of the tribes. -SOURCE- (May 9, 1938, ch. 187, Sec. 1, 52 Stat. 315.) -End- -CITE- 25 USC Sec. 123c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 123c. Advancement of tribal funds to Indian tribes; miscellaneous authorized purposes -STATUTE- On and after October 12, 1984, tribal funds may be advanced to Indian tribes during each fiscal year for such purposes as may be designated by the governing body of the particular tribe involved and approved by the Secretary including: expenditures for the benefit of Indians and Indian tribes; care, tuition, and other assistance to Indian children attending public and private schools (which may be paid in advance or from date of admission); purchase of land and improvements on land, title to which shall be taken in the name of the United States in trust for the tribe for which purchased; lease of lands and water rights; compensation and expenses of attorneys and other persons employed by Indian tribes under approved contracts; pay, travel, and other expenses of tribal officers, councils, committees, and employees thereof, or other tribal organizations, including mileage for use of privately owned automobiles and per diem in lieu of subsistence at rates established administratively but not to exceed those applicable to civilian employees of the Government; and relief of Indians, including cash grants. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1849.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1300i-3 of this title. -End- -CITE- 25 USC Sec. 123d 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 123d. Additional appropriations from tribal funds -STATUTE- In addition to the tribal funds authorized to be expended by existing law, there is appropriated in fiscal year 1988 and thereafter to the Secretary of the Interior for the benefit of the tribes on whose behalf such funds were collected, not to exceed $1,000,000 in each fiscal year from tribal funds not otherwise available for expenditure. -SOURCE- (Pub. L. 100-202, Sec. 101(g) [title I, Sec. 100], Dec. 22, 1987, 101 Stat. 1329-213, 1329-230.) -End- -CITE- 25 USC Sec. 124 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 124. Expenditures from tribal funds of Five Civilized Tribes without specific appropriations -STATUTE- No money shall be expended from tribal funds belonging to the Five Civilized Tribes without specific appropriation by Congress. -SOURCE- (May 24, 1922, ch. 199, 42 Stat. 575.) -End- -CITE- 25 USC Sec. 125 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 125. Expenditure of moneys of tribes of Quapaw Agency -STATUTE- No moneys shall be expended from tribal or individual funds belonging to the Quapaw or other tribes of Indians of the Quapaw Agency in the State of Oklahoma without specific authority of law. -SOURCE- (June 30, 1919, ch. 4, Sec. 17, 41 Stat. 20.) -End- -CITE- 25 USC Sec. 126 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 126. Omitted -COD- CODIFICATION Section, R.S. Sec. 2098, relating to payment of claims for Indian depredations, was omitted upon recommendation by Secretary of the Interior that this section be repealed as present day conditions make it unnecessary. -End- -CITE- 25 USC Sec. 127 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 127. Moneys or annuities of hostile Indians -STATUTE- No moneys or annuities stipulated by any treaty with an Indian tribe for which appropriations are made shall be expended for, or paid, or delivered to any tribe which, since the next preceding payment under such treaty, has engaged in hostilities against the United States, or against its citizens peacefully or lawfully sojourning or traveling within its jurisdiction at the time of such hostilities; nor in such case shall such stipulated payments or deliveries be resumed until new appropriations shall have been made therefor by Congress. -SOURCE- (R.S. Sec. 2100; May 29, 1928, ch. 901, Sec. 1(81), 45 Stat. 992.) -COD- CODIFICATION R.S. Sec. 2100 derived from act Mar. 2, 1867, ch. 173, Sec. 2, 14 Stat. 515. -MISC1- AMENDMENTS 1928 - Act May 29, 1928, struck out provision requiring the Commissioner of Indian Affairs to make periodic reports to Congress concerning hostilities with any tribes with which the United States has treaty stipulations. -End- -CITE- 25 USC Sec. 128 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 128. Appropriations not paid to Indians at war with United States -STATUTE- None of the appropriations made for the Indian Service shall be paid to any band of Indians or any portion of any band while at war with the United States or with the white citizens of any of the States or Territories. -SOURCE- (Mar. 3, 1875, ch. 132, Sec. 2, 18 Stat. 449.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 129 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 129. Moneys due Indians holding captives other than Indians withheld -STATUTE- The Secretary of the Interior is authorized to withhold, from any tribe of Indians who may hold any captives other than Indians, any moneys due them from the United States until said captives shall be surrendered to the lawful authorities of the United States. -SOURCE- (Mar. 3, 1875, ch. 132, Sec. 1, 18 Stat. 424.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 130 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 130. Withholding of moneys or goods on account of intoxicating liquors -STATUTE- No annuities, or moneys, or goods, shall be paid or distributed to Indians while they are under the influence of any description of intoxicating liquor, nor while there are good and sufficient reasons leading the officers or agents, whose duty it may be to make such payments or distribution, to believe that there is any species of intoxicating liquor within convenient reach of the Indians, nor until the chiefs and headmen of the tribe shall have pledged themselves to use all their influence and to make all proper exertions to prevent the introduction and sale of such liquor in their country. -SOURCE- (R.S. Sec. 2087.) -COD- CODIFICATION R.S. Sec. 2087 derived from act Mar. 3, 1847, ch. 66, Sec. 3, 9 Stat. 203. -End- -CITE- 25 USC Sec. 131 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 131. Advances to disbursing officers -STATUTE- No superintendent of Indian affairs, or Indian agent, or other disbursing officer in such service, shall have advanced to him, on Indian or public account, any money to be disbursed in future, until such superintendent, agent, or officer in such service has settled his accounts of the preceding year, and has satisfactorily shown that all balances in favor of the Government, which may appear to be in his hands, are ready to be paid over on the order of the Secretary of the Interior. -SOURCE- (R.S. Sec. 2092.) -COD- CODIFICATION R.S. Sec. 2092 derived from act June 27, 1846, ch. 34, Sec. 1, 9 Stat. 20. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Transfer of disbursement functions of all Government agencies with certain exceptions to the Fiscal Service, Treasury Department, see note set out under section 53 of this title. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. SUPERINTENDENT OF INDIAN AFFAIRS No appropriation for any superintendent of Indian affairs has been made since act Mar. 3, 1877, ch. 101, Sec. 1, 19 Stat. 271. -End- -CITE- 25 USC Sec. 132 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 132. Mode of distribution of goods -STATUTE- Whenever goods and merchandise are delivered to the chiefs of a tribe, for the tribe, such goods and merchandise shall be turned over by the agent or superintendent of such tribe to the chiefs in bulk, and in the original package, as nearly as practicable, and in the presence of the headmen of the tribe, if practicable, to be distributed to the tribe by the chiefs in such manner as the chiefs may deem best, in the presence of the agent or superintendent. -SOURCE- (R.S. Sec. 2090.) -COD- CODIFICATION R.S. Sec. 2090 derived from act Apr. 10, 1869, ch. 16, Sec. 2, 16 Stat. 39. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 133 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 133. Rolls of Indians entitled to supplies -STATUTE- For the purpose of properly distributing the supplies appropriated for the Indian Service, it is made the duty of each agent in charge of Indians and having supplies to distribute, to make out, at the commencement of each fiscal year, rolls of the Indians entitled to supplies at the agency, with the names of the Indians and of the heads of families or lodges, with the number in each family or lodge, and to give out supplies to the heads of families, and not to the heads of tribes or bands, and not to give out supplies for a greater length of time than one week in advance. -SOURCE- (Mar. 3, 1875, ch. 132, Sec. 4, 18 Stat. 449.) -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 134 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 134. Appropriations for supplies available immediately; time for distribution -STATUTE- So much of the appropriations of any annual Indian Appropriation Act as may be required to pay for goods and supplies, for expenses incident to their purchase, and for transportation of the same, for the fiscal year for which such appropriations are made, shall be immediately available, upon the approval of such Act, but no such goods or supplies shall be distributed or delivered to any of said Indians prior to the beginning of such fiscal year. -SOURCE- (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.) -End- -CITE- 25 USC Sec. 135 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 135. Supplies distributed so as to prevent deficiencies -STATUTE- It shall be the duty of the Secretary of the Interior, and the officers charged by law with the distribution of supplies to the Indians, under appropriations made by law, to distribute them and pay them out to the Indians entitled to them, in such proper proportions as that the amount of appropriation made for the current year shall not be expended before the end of such current year, so as to prevent deficiencies; and no expenditure shall be made or liability incurred on the part of the Government on account of the Indian Service for any fiscal year (unless in compliance with existing law) beyond the amount of money previously appropriated for said service during such year. -SOURCE- (Mar. 3, 1875, ch. 132, Sec. 6, 18 Stat. 450.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 136 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 136. Commutation of rations and other supplies; payment per capita -STATUTE- When, in the judgment of the Secretary of the Interior, any Indian tribe, or part thereof, who are receiving rations and clothing and other supplies under the Act of July 1, 1898, chapter 545, are sufficiently advanced in civilization to purchase such rations and clothing and other supplies judiciously, they may commute the same and pay the value thereof in money per capita to such tribe or part thereof, the manner of such payment to be prescribed by the Secretary of the Interior. -SOURCE- (July 1, 1898, ch. 545, Sec. 7, 30 Stat. 596.) -REFTEXT- REFERENCES IN TEXT Act of July 1, 1898, referred to in text, is act July 1, 1898, ch. 545, 30 Stat. 573, as amended, which enacted sections 32, 136, and 191 of this title and amended section 27 of this title. For complete classification of this Act to the Code, see Tables. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 137 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 137. Supplies distributed to able-bodied males on condition -STATUTE- For the purpose of inducing Indians to labor and become self-supporting, it is provided that, in distributing the supplies and annuities to the Indians for whom the same are appropriated, the agent distributing the same shall require all able-bodied male Indians between the ages of eighteen and forty-five to perform service upon the reservation, for the benefit of themselves or of the tribe, at a reasonable rate, to be fixed by the agent in charge, and to an amount equal in value to the supplies to be delivered; and the allowances provided for such Indians shall be distributed to them only upon condition of the performance of such labor, under such rules and regulations as the agent may prescribe: Provided, That the Secretary of the Interior may, by written order, except any particular tribe, or portion of tribe, from the operation of this provision where he deems it proper and expedient. -SOURCE- (Mar. 3, 1875, ch. 132, Sec. 3, 18 Stat. 449.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 138 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 138. Goods withheld from chiefs violating treaty stipulations -STATUTE- No delivery of goods or merchandise shall be made to the chiefs of any tribe, by authority of any treaty, if such chiefs have violated the stipulations contained in such treaty upon their part. -SOURCE- (R.S. Sec. 2101.) -COD- CODIFICATION R.S. Sec. 2101 derived from act Apr. 10, 1869, ch. 16, Sec. 2, 16 Stat. 39. -End- -CITE- 25 USC Sec. 139 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 139. Appropriations for subsistence -STATUTE- The Secretary of the Interior, under the direction of the President, may use any surplus that may remain in any of the appropriations for the purchase of subsistence for the several Indian tribes, to an amount not exceeding $25,000 in the aggregate, to supply any subsistence deficiency that may occur: Provided, That any diversions which shall be made under authority of this section shall be reported in detail, and the reason therefor, to Congress, at the session of Congress next succeeding such diversion. -SOURCE- (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 140 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 140. Diversion of appropriations for employees and supplies -STATUTE- The several appropriations made for millers, blacksmiths, engineers, carpenters, physicians, and other persons, and for various articles provided for by treaty stipulation for the several Indian tribes, may be diverted to other uses for the benefit of said tribes, respectively, within the discretion of the President, and with the consent of said tribes, expressed in the usual manner; and he shall cause report to be made to Congress, at its next session thereafter of his action under this provision. -SOURCE- (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.) -TRANS- DELEGATION OF FUNCTIONS For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President. -End- -CITE- 25 USC Sec. 141 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 141. Omitted -COD- CODIFICATION Section, R.S. Sec. 2110, which related to issuance of army rations to Indians, was omitted on recommendation of Secretary of the Interior that this section be repealed because the practice of issuing army rations to Indians is no longer in use. -End- -CITE- 25 USC Sec. 142 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 142. Repealed. May 29, 1928, ch. 901, Sec. 1(87), 45 Stat. 992 -MISC1- Section, act May 18, 1916, ch. 125, Sec. 27, 39 Stat. 158, related to annual reports to Congress of tribal financial matters. -End- -CITE- 25 USC Sec. 143 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 143. Repealed. Aug. 30, 1954, ch. 1076, Sec. 1(24), 68 Stat. 968 -MISC1- Section, act Mar. 3, 1911, ch. 210, Sec. 27, 36 Stat. 1077, required Secretary of the Interior to submit an annual report to Speaker of House of Representatives of fiscal affairs of all Indian tribes for whose benefit expenditures from either public or tribal funds were made by any officer, clerk, or employee in Department of the Interior. -End- -CITE- 25 USC Sec. 144 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 144. Repealed. May 29, 1928, ch. 901, Sec. 1(66), 45 Stat. 991 -MISC1- Section, act Aug. 1, 1914, ch. 222, Sec. 1, 38 Stat. 587, related to an annual report of moneys appropriated for encouragement of industry. -End- -CITE- 25 USC Sec. 145 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 145. Accounts between United States and tribes under reimbursable appropriations -STATUTE- The Secretary of the Interior shall cause to be stated annual accounts between the United States and each tribe of Indians arising under appropriations made, which by law are required to be reimbursed to the United States, crediting in said accounts the sums so reimbursed, if any; and the Secretary of the Interior shall pay, out of any fund or funds belonging to such tribe or tribes of Indians applicable thereto and held by the United States in trust or otherwise, all balances of accounts due to the United States and not already reimbursed to the Treasury, and deposit such sums in the Treasury as miscellaneous receipts; and such accounts shall be received and examined by the General Accounting Office and the balances arising thereon certified to the Secretary of the Treasury. -SOURCE- (Apr. 4, 1910, ch. 140, Sec. 1, 36 Stat. 270; June 10, 1921, ch. 18, title III, Sec. 304, 42 Stat. 24.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. "General Accounting Office" substituted in text for "proper auditor of the Treasury Department" pursuant to act June 10, 1921, which transferred all powers and duties of the Comptroller, six auditors, and certain other employees of the Treasury to the General Accounting Office. See section 701 et seq. of Title 31, Money and Finance. -End- -CITE- 25 USC Sec. 146 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 146. Report of Indians present and receiving food -STATUTE- Whenever the issue of food, clothing, or supplies of any kind to Indians is provided for, it shall be the duty of the agent or commissioner issuing the same, at such issue thereof, whether it be both of food and clothing, or either of them, or of any kind of supplies, to report to the Commissioner of Indian Affairs the number of Indians present and actually receiving the same. -SOURCE- (R.S. Sec. 2109.) -COD- CODIFICATION R.S. Sec. 2109 derived from act Feb. 14, 1873, ch. 138, Sec. 7, 17 Stat. 463, 464. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 147 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 147. Appropriations for specified buildings; use for transportation of materials -STATUTE- Appropriations for specified buildings in the Indian Service shall be used for the transportation of materials purchased therefrom. -SOURCE- (Jan. 12, 1927, ch. 27, Sec. 1, 44 Stat. 939.) -End- -CITE- 25 USC Sec. 148 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES -HEAD- Sec. 148. Appropriations for supplies; transfer to Indian Service supply fund; expenditure -STATUTE- From time to time there is authorized to be transferred from each or any appropriation or fund available for the purchase of supplies for the Indian Service, to a fund to be set up and carried on the books of the Treasury as an Indian Service supply fund, such amounts as the Secretary of the Interior may estimate to be required to pay for supplies purchased through Indian warehouses for the Indian field service; and the expenditure of the said Indian Service supply fund for the purpose stated is hereby authorized, necessary adjustments to be made thereafter to the end that each appropriation and fund ultimately will be charged only with the cost of the supplies legally chargeable thereto. -SOURCE- (Jan. 12, 1927, ch. 27, Sec. 1, 44 Stat. 939.) -End- -CITE- 25 USC SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -End- -CITE- 25 USC Sec. 151 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 151. Deposits in bank by disbursing agents -STATUTE- Any United States Indian agent, superintendent, or other disbursing agent of the Indian Service may deposit Indian moneys, individual or tribal, coming into his hands as custodian, in such national bank or banks as he may select: Provided, That the bank or banks so selected by him shall first execute to said disbursing agent a bond, with approved surety, in such an amount as will properly safeguard the funds to be deposited. Such bond shall be subject to the approval of the Secretary of the Interior. -SOURCE- (Apr. 30, 1908, ch. 153, 35 Stat. 73; June 25, 1910, ch. 431, Sec. 1, 36 Stat. 855; Mar. 3, 1928, ch. 122, 45 Stat. 161; Apr. 30, 1934, ch. 169, 48 Stat. 648.) -COD- CODIFICATION This section is also set out in the last two provisos of section 372 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Transfer of disbursement functions of all Government agencies with certain exceptions to the Fiscal Service, Treasury Department, see note set out under section 53 of this title. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 406, 564h, 697, 747 of this title. -End- -CITE- 25 USC Sec. 152 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 152. Proceeds of sales of Indian lands -STATUTE- All moneys received from the sales of lands that have been, or may be, ceded to the United States by Indian tribes, by treaties providing for the investment or payment to the Indians, parties thereto, of the proceeds of the lands ceded by them, respectively, after deducting the expenses of survey and sale, any sums stipulated to be advanced, and the expenses of fulfilling any engagements contained therein, shall be paid into the Treasury in the same manner that moneys received from the sales of public lands are paid into the Treasury. -SOURCE- (R.S. Sec. 2093.) -COD- CODIFICATION R.S. Sec. 2093 derived from act Jan. 9, 1837, ch. 1, Sec. 1, 5 Stat. 135. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 153 of this title. -End- -CITE- 25 USC Sec. 153 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 153. Appropriation to carry out treaties -STATUTE- All sums that are or may be required to be paid, and all moneys that are or may be required to be invested by the treaties mentioned in section 152 of this title are appropriated in conformity to them, and shall be drawn from the Treasury as other public moneys are drawn therefrom, under such instructions as may from time to time be given by the President. -SOURCE- (R.S. Sec. 2094.) -COD- CODIFICATION R.S. Sec. 2094 derived from act Jan. 9, 1837, ch. 1, Sec. 2, 5 Stat. 135. -End- -CITE- 25 USC Sec. 154 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 154. Proceeds of sales of lands not subject to certain deductions -STATUTE- No part of the expenses of the public lands service shall be deducted from the proceeds of Indian lands sold through the Bureau of Land Management, except as authorized by the treaty or agreement providing for the disposition of the lands. -SOURCE- (July 4, 1884, ch. 180, Sec. 10, 23 Stat. 98; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. "Bureau of Land Management" substituted in text for "General Land Office" pursuant to section 403 of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, which established the Bureau and transferred thereto the functions of the General Land Office. -End- -CITE- 25 USC Sec. 155 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 155. Disposal of miscellaneous revenues from Indian reservations, etc. -STATUTE- All miscellaneous revenues derived from Indian reservations, agencies, and schools, except those of the Five Civilized Tribes and not the result of the labor of any member of such tribe, which are not required by existing law to be otherwise disposed of, shall be covered into the Treasury of the United States under the caption "Indian moneys, proceeds of labor", and are made available for expenditure, in the discretion of the Secretary of the Interior, for the benefit of the Indian tribes, agencies, and schools on whose behalf they are collected, subject, however, to the limitations as to tribal funds, imposed by sections 123 and 142 (!1) of this title. -SOURCE- (Mar. 3, 1883, ch. 141, Sec. 2, 22 Stat. 590; Mar. 2, 1887, ch. 320, 24 Stat. 463; May 17, 1926, ch. 309, Sec. 1, 44 Stat. 560; May 29, 1928, ch. 901, Sec. 1(68), 45 Stat. 991.) -REFTEXT- REFERENCES IN TEXT Section 142 of this title, referred to in text, was repealed by act May 29, 1928, ch. 901, Sec. 1(87), 45 Stat. 992. -MISC1- REPEALS Act May 29, 1928, repealed the provisions of acts Mar. 3, 1883 and Mar. 2, 1887, which related to Indian moneys, proceeds of labor. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 155b, 161b, 672 of this title; title 16 section 835e; title 43 section 597a; title 48 section 50f. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 155a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 155a. Transferred -COD- CODIFICATION Section, act May 17, 1926, ch. 309, Sec. 1, 44 Stat. 560, which related to disposal of miscellaneous revenues from Indian reservations, was merged into section 155 of this title. -End- -CITE- 25 USC Sec. 155b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 155b. Proceeds of labor accounts; deposits limited to funds held in trust for Indian tribes or individuals -STATUTE- Except in the case of funds held in trust for Indian tribes or individuals, the funds available for expenditure under the "Indian moneys, proceeds of labor" accounts authorized by section 155 of this title may be expended until September 30, 1982 for any purpose for which funds are appropriated under the subheading "Operation of Indian Programs". No funds shall be deposited in such "Indian money, proceeds of labor" (IMPL) accounts after September 30, 1982. The unobligated balance in IMPL accounts as of the close of business on September 30, 1982, including the income resulting from the investment of funds from such accounts prior to such date, shall be transferred to and held in escrow accounts at the locations of the IMPL accounts from which they are transferred. Funds in such escrow accounts may be invested as provided in section 162a of this title and the investment income added to such accounts. The Secretary shall determine no later than September 30, 1985 (after consultation with appropriate tribes and individual Indians) the extent to which the funds held in such escrow accounts represent income from the investment of special deposits relating to specific tribes or individual Indians. Upon such a determination by the Secretary and express acceptance of the determination by the beneficiary, the Secretary shall transfer such funds to trust accounts for such tribes or individual Indians. Not more than ten percent of the funds transferred to trust accounts for any tribe or individual Indian under this provision may be utilized to pay for legal or other representation relating to claims for such funds. Not to exceed two percent of the funds transferred from the IMPL accounts shall be available to reimburse the Bureau of Indian Affairs for administrative expenses incurred in determining ownership of the funds. Acceptance of a determination by the Secretary and the transfer of funds under this provision shall constitute a complete release and waiver of any and all claims by the beneficiary against the United States relating to the unobligated balance of IMPL accounts as of the close of business on September 30, 1982. During the period of October 1, 1985 through September 30, 1987, or earlier if a Secretarial determination on ownership and appropriate fund transfers has been completed, the funds remaining in such escrow accounts because they have not been transferred to trust accounts, may be expended subject to the approval of the Secretary for any purpose authorized under section 13 of this title and requested by the respective governing bodies of the tribes at the locations where such accounts are maintained. The unobligated balances of such escrow accounts as of the close of business on September 30, 1987, shall be deposited into miscellaneous receipts of the Treasury. -SOURCE- (Pub. L. 97-100, title I, Sec. 100, Dec. 23, 1981, 95 Stat. 1400; Pub. L. 97-257, title I, Sec. 100, Sept. 10, 1982, 96 Stat. 839.) -REFTEXT- REFERENCES IN TEXT The purposes for which funds are appropriated under the subheading "Operation of Indian Programs", referred to in text, are the purposes enumerated in the Department of the Interior and Related Agencies Appropriation Act, 1982, Pub. L. 97-100, title I, Sec. 100, Dec. 23, 1981, 95 Stat. 1399. -MISC1- AMENDMENTS 1982 - Pub. L. 97-257 substituted "No funds shall be deposited in such 'Indian money, proceeds of labor' (IMPL) accounts after September 30, 1982" for "On September 30, 1982, the balance of such accounts (except for the funds held in trust for Indian tribes or individuals, and not to exceed $10,000,000 which shall be available until expended by eligible tribes for purposes approved by the Bureau of Indian Affairs) shall be deposited into miscellaneous receipts of the Treasury to offset outlays of the Bureau of Indian Affairs and thereafter no funds shall be deposited in such accounts other than funds held in trust for Indian tribes or individuals" and inserted provisions that the unobligated balance in IMPL accounts as of the close of business on September 30, 1982, including the income resulting from the investment of funds from such accounts prior to such date, be transferred to and held in escrow accounts at the locations of the IMPL accounts from which they are transferred, that Funds in such escrow accounts may be invested as provided in section 162a of this title and the investment income added to such accounts, that the Secretary determine no later than September 30, 1985 (after consultation with appropriate tribes and individual Indians) the extent to which the funds held in such escrow accounts represent income from the investment of special deposits relating to specific tribes or individual Indians, that upon such a determination by the Secretary and express acceptance of the determination by the beneficiary, the Secretary transfer such funds to trust accounts for such tribes or individual Indians, that not more than ten percent of the funds transferred to trust accounts for any tribe or individual Indian under this provision be utilized to pay for legal or other representation relating to claims for such funds, that not to exceed two percent of the funds transferred from the IMPL accounts be available to reimburse the Bureau of Indian Affairs for administrative expenses incurred in determining ownership of the funds, that acceptance of a determination by the Secretary and the transfer of funds under this provision constitute a complete release and waiver of any and all claims by the beneficiary against the United States relating to the unobligated balance of IMPL accounts as of the close of business on September 30, 1982, that during the period of October 1, 1985 through September 30, 1987, or earlier if determination on ownership and appropriate fund transfers has been completed, the funds remaining in such escrow accounts may be expended subject to the approval of the Secretary under section 13 of this title and requested by the respective governing bodies of the tribes, and that the unobligated balances of escrow accounts as of the close of business on September 30, 1987, be deposited into miscellaneous receipts of the Treasury. -End- -CITE- 25 USC Sec. 156 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 156. Deposit of funds from sales of lands and property of Five Civilized Tribes -STATUTE- The net receipts from the sales of surplus and unallotted lands and other tribal property belonging to any of the Five Civilized Tribes, after deducting the necessary expense of advertising and sale, may be deposited in national or State banks in the State of Oklahoma in the discretion of the Secretary of the Interior, such depositories to be designated by him under such rules and regulations governing the rate of interest thereon, the time of deposit and withdrawal thereof, and the security therefor, as he may prescribe. The interest accruing on such funds may be used to defray the expense of the per capita payments of such funds. -SOURCE- (Mar. 3, 1911, ch. 210, Sec. 17, 36 Stat. 1070.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 86 of this title. -End- -CITE- 25 USC Sec. 157 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 157. Investments of stock required by treaties -STATUTE- All investments of stock, that are or may be required by treaties with the Indians, shall be made under the direction of the President; and special accounts of the funds under such treaties shall be kept at the Treasury, and statements thereof be annually laid before Congress. -SOURCE- (R.S. Sec. 2095.) -COD- CODIFICATION R.S. Sec. 2095 derived from act Jan. 9, 1837, ch. 1, Sec. 3, 5 Stat. 135. -End- -CITE- 25 USC Sec. 158 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 158. Investment of proceeds of lands -STATUTE- The Secretary of the Interior shall invest in a manner which shall be in his judgment most safe and beneficial for the fund, all moneys that may be received under treaties containing stipulations for the payment to the Indians, annually, of interest upon the proceeds of the lands ceded by them; and he shall make no investment of such moneys, or of any portion, at a lower rate of interest than 5 per centum per annum. -SOURCE- (R.S. Sec. 2096.) -COD- CODIFICATION R.S. Sec. 2096 derived from act Jan. 9, 1837, ch. 1, Sec. 4, 5 Stat. 135. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 159 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 159. Moneys due incompetents or orphans -STATUTE- The Secretary of the Interior is directed to cause settlements to be made with all persons appointed by the Indian councils to receive moneys due to incompetent or orphan Indians, and to require all moneys found to be due to such incompetent or orphan Indians to be returned to the Treasury; and all moneys so returned shall bear interest at the rate of 6 per centum per annum, until paid by order of the Secretary of the Interior to those entitled to the same. No money shall be paid to any person appointed by any Indian council to receive moneys due to incompetent or orphan Indians, but the same shall remain in the Treasury of the United States until ordered to be paid by the Secretary to those entitled to receive the same, and shall bear 6 per centum interest until so paid. -SOURCE- (R.S. Sec. 2108.) -COD- CODIFICATION R.S. Sec. 2108 derived from act July 5, 1862, ch. 135, Sec. 6, 12 Stat. 529. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 160 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 160. Custody of stocks or bonds held in trust for tribes -STATUTE- All stocks, bonds, or other securities or evidences of indebtedness held by the Secretary of the Interior on June 10, 1876, in trust for the benefit of certain Indian tribes shall, within thirty days from that date, be transferred to the Treasurer of the United States, who shall become the custodian thereof; and it shall be the duty of said Treasurer to collect all interest falling due on said bonds, stocks, and so forth, and deposit the same in the Treasury of the United States, and to issue certificates of deposit therefor, in favor of the Secretary of the Interior, as trustee for various Indian tribes. And the Treasurer of the United States shall also become the custodian of all bonds and stocks which may be purchased for the benefit of any Indian tribe or tribes after the transfer of funds herein authorized, and shall make all purchases and sales of bonds and stocks authorized by treaty stipulations or by acts of Congress when requested so to do by the Secretary of the Interior: Provided, That nothing in this section shall in any manner impair or affect the supervisory and appellate powers and duties in regard to Indian affairs which may be vested in the Secretary of the Interior as trustee for various Indian tribes, except as to the custody of said bonds and the collection of interest thereon as hereinbefore mentioned. -SOURCE- (June 10, 1876, ch. 122, 19 Stat. 58.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury, with power to delegate, see Reorg. Plan No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 161 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 161. Deposit in Treasury of trust funds -STATUTE- The Secretary of the Interior is authorized to deposit, in the Treasury of the United States, any and all sums held by him on April 1, 1880, or which may be received by him, as Secretary of the Interior and trustee of various Indian tribes, on account of the redemption of United States bonds, or other stocks and securities belonging to the Indian trust fund, and all sums received on account of sales of Indian trust lands, and the sales of stocks lately purchased for temporary investment, whenever he is of the opinion that the best interests of the Indians will be promoted by such deposits, in lieu of investments; and the United States shall pay interest semiannually, from the date of deposit of any and all such sums in the United States Treasury, at the rate per annum stipulated by treaties or prescribed by law, and such payments shall be made in the usual manner, as each may become due, without further appropriation by Congress. -SOURCE- (Apr. 1, 1880, ch. 41, 21 Stat. 70.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- APPROPRIATIONS Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation provided for in the last clause of this section under the title "Interest on Indian trust funds" effective July 1, 1935, and provided that such portions of any Acts as make permanent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations. -End- -CITE- 25 USC Sec. 161a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 161a. Tribal funds in trust in Treasury Department; investment by Secretary of the Treasury; maturities; interest; funds held in trust for individual Indians -STATUTE- (a) All funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of Indian tribes shall be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. (b) All funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of individual Indians shall be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable securities. -SOURCE- (Feb. 12, 1929, ch. 178, Sec. 1, 45 Stat. 1164; June 13, 1930, ch. 483, 46 Stat. 584; Pub. L. 98-451, Oct. 4, 1984, 98 Stat. 1729; Pub. L. 103-412, title I, Sec. 103(a), Oct. 25, 1994, 108 Stat. 4241.) -MISC1- AMENDMENTS 1994 - Pub. L. 103-412 designated existing provisions as subsec. (a) and added subsec. (b). 1984 - Pub. L. 98-451 amended section generally, substituting provisions directing that all funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of Indian tribes be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities for provisions which required that all funds with account balances exceeding $500 held in trust by the United States and carried in principal accounts on the books of the Treasury Department to the credit of Indian tribes, upon which interest was not otherwise authorized by law, bear simple interest at the rate of 4 per centum per annum. 1930 - Act June 13, 1930, amended section generally. EFFECTIVE DATE OF 1994 AMENDMENT Section 103(d) of Pub. L. 103-412 provided that: "The amendment made by subsection (a) [amending this section] shall apply to interest earned on amounts deposited or invested on or after the date of the enactment of this Act [Oct. 25, 1994]." -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury, with power to delegate, see Reorg. Plan No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 161d, 672, 1776d of this title. -End- -CITE- 25 USC Sec. 161b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 161b. "Indian Money, Proceeds of Labor" fund; separate accounts for respective tribes; rate of interest -STATUTE- All tribal funds arising under section 155 of this title on June 13, 1930, included in the fund "Indian Money, Proceeds of Labor", shall, on and after July 1, 1930, be carried on the books of the Treasury Department in separate accounts for the respective tribes, and all such funds with account balances exceeding $500 shall bear simple interest at the rate of 4 per centum per annum from July 1, 1930. -SOURCE- (Feb. 12, 1929, ch. 178, Sec. 2, as added June 13, 1930, ch. 483, 46 Stat. 584.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 161d, 672 of this title. -End- -CITE- 25 USC Sec. 161c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 161c. Surplus above requirements of fund; transfer to surplus fund of Treasury; retransfer -STATUTE- The amount held in any tribal fund account which, in the judgment of the Secretary of the Interior, is not required for the purpose for which the fund was created, shall be covered into the surplus fund of the Treasury; and so much thereof as is found to be necessary for such purpose may at any time thereafter be restored to the account on books of the Treasury without appropriation by Congress. -SOURCE- (Feb. 12, 1929, ch. 178, Sec. 3, as added June 13, 1930, ch. 483, 46 Stat. 584.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 161d, 672 of this title. -End- -CITE- 25 USC Sec. 161d 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 161d. Disposition of accrued interest -STATUTE- The interest accruing on Indian tribal funds under sections 161a to 161c of this title shall be subject to the same disposition as prescribed by existing law for the respective principal funds. -SOURCE- (Feb. 12, 1929, ch. 178, Sec. 4, as added June 13, 1930, ch. 483, 46 Stat. 584.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 672 of this title. -End- -CITE- 25 USC Sec. 162 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 162. Repealed. June 24, 1938, ch. 648, Sec. 2, 52 Stat. 1037 -MISC1- Section, act May 25, 1918, ch. 86, Sec. 28, 40 Stat. 591, related to segregation, deposit, and investment of tribal funds. See section 162a of this title. -End- -CITE- 25 USC Sec. 162a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 162a. Deposit of tribal funds in banks; bond or collateral security; investments; collections from irrigation projects; affirmative action required -STATUTE- (a) Deposit of tribal trust funds in banks The Secretary of the Interior is hereby authorized in his discretion, and under such rules and regulations as he may prescribe, to withdraw from the United States Treasury and to deposit in banks to be selected by him the common or community funds of any Indian tribe which are, or may hereafter be, held in trust by the United States and on which the United States is not obligated by law to pay interest at higher rates than can be procured from the banks. The said Secretary is also authorized, under such rules and regulations as he may prescribe, to withdraw from the United States Treasury and to deposit in banks to be selected by him the funds held in trust by the United States for the benefit of individual Indians: Provided, That no individual Indian money shall be deposited in any bank until the bank shall have agreed to pay interest thereon at a reasonable rate, subject, however, to the regulations of the Board of Governors of the Federal Reserve System in the case of member banks, and of the Board of Directors of the Federal Deposit Insurance Corporation in the case of insured nonmember banks, except that the payment of interest may be waived in the discretion of the Secretary of the Interior on any deposit which is payable on demand: Provided further, That no tribal or individual Indian money shall be deposited in any bank until the bank shall have furnished an acceptable bond or pledged collateral security therefor in the form of any public-debt obligations of the United States and any bonds, notes, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States, except that no such bond or collateral shall be required to be furnished by any such bank which is entitled to the benefits of section 12B of the Federal Reserve Act, with respect to any deposits of such tribal or individual funds to the extent that such deposits are insured under such section: Provided, however, That nothing contained in this section, or in section 12B of the Federal Reserve Act, shall operate to deprive any Indian having unrestricted funds on deposit in any such bank of the full protection afforded by section 12B of the Federal Reserve Act, irrespective of any interest such Indian may have in any restricted Indian funds on deposit in the same bank to the credit of a disbursing agent of the United States. For the purpose of this section and said Act, said unrestricted funds shall constitute a separate and distinct basis for an insurance claim: Provided further, That the Secretary of the Interior, if he deems it advisable and for the best interest of the Indians, may invest the trust funds of any tribe or individual Indian in any public-debt obligations of the United States and in any bonds, notes, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States: And provided further, That the foregoing shall apply to the funds of the Osage Tribe of Indians, and the individual members thereof, only with respect to the deposit of such funds in banks. (b) Investment of collections from irrigation projects and power operations on irrigation projects The Secretary of the Interior is authorized to invest any operation and maintenance collections from Indian irrigation projects and revenue collections from power operations on Indian irrigation projects in - (1) any public-debt obligations of the United States; (2) any bonds, notes, or other obligations which are unconditionally guaranteed as to both principal and interest by the United States; or (3) any obligations which are lawful investments for trust funds under the authority or control of the United States. The Secretary of the Interior is authorized to use earning (!1) from investments under this subsection to pay operation and maintenance expenses of the project involved. (c) Investment of tribal trust funds in public debt obligations (1) Notwithstanding subsection (a) of this section, the Secretary of the Interior, at the request of any Indian tribe, in the case of trust funds of such tribe, or any individual Indian, in the case of trust funds of such individual, is authorized to invest such funds, or any part thereof, in guaranteed or public debt obligations of the United States or in a mutual fund, otherwise known as an open-ended diversified investment management company if - (A) the portfolio of such mutual fund consists entirely of public-debt obligations of the United States, or bonds, notes, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States, or a combination thereof; (B) the trust funds to be invested exceed $50,000; (C) the mutual fund is registered by the Securities and Exchange Commission; and (D) the Secretary is satisfied with respect to the security and protection provided by the mutual fund against loss of the principal of such trust funds. (2) The Secretary, as a condition to complying with a request pursuant to paragraph (1) of this subsection, is authorized to require such tribe or individual Indian, as the case may be, to enter into an agreement with the Secretary for the purpose of relieving the United States of any liability in connection with the interest, or amount thereof, payable in connection with such trust funds so invested during the period of that investment. (3) Investments pursuant to paragraph (1) of this subsection shall be deemed to be the same as cash or a bank deposit for purposes of section 955 of this title. (d) Trust responsibilities of Secretary of the Interior The Secretary's proper discharge of the trust responsibilities of the United States shall include (but are not limited to) the following: (1) Providing adequate systems for accounting for and reporting trust fund balances. (2) Providing adequate controls over receipts and disbursements. (3) Providing periodic, timely reconciliations to assure the accuracy of accounts. (4) Determining accurate cash balances. (5) Preparing and supplying account holders with periodic statements of their account performance and with balances of their account which shall be available on a daily basis. (6) Establishing consistent, written policies and procedures for trust fund management and accounting. (7) Providing adequate staffing, supervision, and training for trust fund management and accounting. (8) Appropriately managing the natural resources located within the boundaries of Indian reservations and trust lands. -SOURCE- (June 24, 1938, ch. 648, Sec. 1, 52 Stat. 1037; Pub. L. 98-146, title I, Nov. 4, 1983, 97 Stat. 929; Pub. L. 101-644, title III, Sec. 302, Nov. 29, 1990, 104 Stat. 4667; Pub. L. 103-412, title I, Secs. 101, 103(b), (c), Oct. 25, 1994, 108 Stat. 4240, 4241.) -REFTEXT- REFERENCES IN TEXT Section 12B of the Federal Reserve Act, referred to in subsec. (a), formerly classified to section 264 of Title 12, Banks and Banking, has been withdrawn from the Federal Reserve Act and incorporated in the Federal Deposit Insurance Act which is classified to chapter 16 (Sec. 1811 et seq.) of Title 12. -MISC1- AMENDMENTS 1994 - Subsec. (a). Pub. L. 103-412, Sec. 103(b), inserted "to withdraw from the United States Treasury and" after "prescribe," in second sentence. Subsecs. (b), (c). Pub. L. 103-412, Sec. 103(c), redesignated subsec. (b), relating to investment of trust funds, as (c). Subsec. (d). Pub. L. 103-412, Sec. 101, added subsec. (d). 1990 - Subsec. (a). Pub. L. 101-644, which directed the designation of existing provisions as subsec. (a) and the addition of subsec. (b), was executed by adding subsec. (b) relating to investment of trust funds. See 1983 Amendment note below. 1983 - Pub. L. 98-146 designated existing provisions as subsec. (a) and added subsec. (b). REPEAL OF INCONSISTENT PROVISIONS AND CONSTRUCTION WITH OTHER LAWS Section 2 of act June 24, 1938, repealed act May 25, 1918, ch. 86, Sec. 28, 40 Stat. 591, which was contained in former section 162 of this title, and all other inconsistent acts. Section 3 of act June 24, 1938, provided: "Nothing contained in this act shall be construed as affecting the provisions of the Federal Reserve Act or regulations issued thereunder relating to the payment of interest on deposits." -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 155b, 1300i-3, 1724, 1754, 1773d, 1776h, 1777c, 4011 of this title. -FOOTNOTE- (!1) So in original. Probably should be "earnings". -End- -CITE- 25 USC Sec. 163 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 163. Roll of membership of Indian tribes -STATUTE- The Secretary of the Interior is authorized, wherever in his discretion such action would be for the best interest of the Indians, to cause a final roll to be made of the membership of any Indian tribe; such rolls shall contain the ages and quantum of Indian blood, and when approved by the said Secretary are declared to constitute the legal membership of the respective tribes for the purpose of segregating the tribal funds as provided in section 162 (!1) of this title, and shall be conclusive both as to ages and quantum of Indian blood: Provided, That the foregoing shall not apply to the Five Civilized Tribes or to the Osage Tribe of Indians, or to the Chippewa Indians of Minnesota, or the Menominee Indians of Wisconsin. -SOURCE- (June 30, 1919, ch. 4, Sec. 1, 41 Stat. 9.) -REFTEXT- REFERENCES IN TEXT Section 162 of this title, referred to in text, was repealed by act June 24, 1938, ch. 648, Sec. 2, 52 Stat. 1037. See section 162a of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 164 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 164. Restoration to tribal ownership of unclaimed per capita and other individual payments of tribal trust funds; deposit in general fund of the Treasury -STATUTE- Unless otherwise specifically provided by law, the share of an individual member of an Indian tribe or group in a per capita or other distribution, individualization, segregation, or proration of Indian tribal or group funds held in trust by the United States, or in an annuity payment under a treaty, heretofore or hereafter authorized by law, and any interest earned on such share that is properly creditable to the individual shall be restored to tribal ownership if for any reason such share cannot be paid to the individual entitled thereto and remains unclaimed for a period of six years from the date of the administrative directive to make the payment, or one year from September 22, 1961, whichever occurs later: Provided, That if such individual is a member of an Indian tribe or group that has no governing body recognized by the Secretary of the Interior as authorized to act on behalf of the tribe or group, such unpaid share and interest shall be regarded as not capable of restoration to a tribal or group entity and shall be deposited in the general fund of the Treasury of the United States. -SOURCE- (Pub. L. 87-283, Sec. 1, Sept. 22, 1961, 75 Stat. 584.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 165, 1401 of this title. -End- -CITE- 25 USC Sec. 165 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 165. Notice to Congressional committees -STATUTE- The Secretary shall not restore to tribal ownership or deposit in the general fund of the Treasury any funds pursuant to section 164 of this title and this section until sixty calendar days (exclusive of days on which either the Senate or the House of Representatives is not in session because of an adjournment of more than three days to a day certain) after he has submitted notice of his proposed action to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives unless each of said committees has theretofore notified him that it has no objection to the proposed action. -SOURCE- (Pub. L. 87-283, Sec. 2, Sept. 22, 1961, 75 Stat. 584; Pub. L. 103-437, Sec. 10(b), Nov. 2, 1994, 108 Stat. 4589.) -MISC1- AMENDMENTS 1994 - Pub. L. 103-437 substituted "Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives" for "Committees on Interior and Insular Affairs of the Senate and the House of Representatives". -CHANGE- CHANGE OF NAME Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1401 of this title. -End- -CITE- 25 USC Sec. 166 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS -HEAD- Sec. 166. Applicability of Federal Advisory Committee Act -STATUTE- The activities of the Department of the Interior associated with the Department's consultation with Indian tribes and organizations related to the management of funds held in trust by the United States for Indian tribes shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). -SOURCE- (Pub. L. 103-435, Sec. 19, Nov. 2, 1994, 108 Stat. 4574.) -REFTEXT- REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in text, is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC CHAPTER 5 - PROTECTION OF INDIANS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- CHAPTER 5 - PROTECTION OF INDIANS -MISC1- Sec. 171 to 173. Repealed. 174. Superintendence by President over tribes west of Mississippi. 175. United States attorneys to represent Indians. 176. Survey of reservations. 177. Purchases or grants of lands from Indians. 178. Fees on behalf of Indian parties in contests under public land laws. 179. Driving stock to feed on lands. 180. Settling on or surveying lands belonging to Indians by treaty. 181. Rights of white men marrying Indian women; tribal property. 182. Rights of Indian women marrying white men; tribal property. 183. Marriage of white men to Indian women; evidence. 184. Rights of children born of marriages between white men and Indian women. 185. Protection of Indians desiring civilized life. 186 to 189. Repealed or Omitted. 190. Sale of plants or tracts not needed for administrative or allotment purposes. 191. Repealed. 192. Sale by agents of cattle or horses not required. 193. Proceedings against goods seized for certain violations. 194. Trial of right of property; burden of proof. 195. Repealed. 196. Sale or other disposition of dead timber. 197. Disposition of dead timber on reservations in Minnesota. 198. Contagious and infectious diseases; quarantine. 199. Access to records of Five Civilized Tribes. 199a. Custody of records; Oklahoma Historical Society. 200. Report of offense or case of Indian incarcerated in agency jail. 201. Penalties; how recovered. 202. Inducing conveyances by Indians of trust interests in lands. -End- -CITE- 25 USC Secs. 171 to 173 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Secs. 171 to 173. Repealed. May 21, 1934, ch. 321, 48 Stat. 787 -MISC1- Section 171, R.S. Sec. 2111, related to imposition of a penalty for sending seditious messages intending to contravene a United States treaty or law. Section 172, R.S. Sec. 2112, related to imposition of a penalty for carrying seditious messages intending to contravene a United States treaty or law. Section 173, R.S. Sec. 2113, related to imposition of a penalty for corresponding with foreign nations intending to incite Indians to war. -End- -CITE- 25 USC Sec. 174 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 174. Superintendence by President over tribes west of Mississippi -STATUTE- The President is authorized to exercise general superintendence and care over any tribe or nation which was removed upon an exchange of territory under authority of the act of May 28, 1830, "to provide for an exchange of lands with the Indians residing in any of the States or Territories, and for their removal west of the Mississippi;" and to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever. -SOURCE- (R.S. Sec. 2114.) -COD- CODIFICATION R.S. Sec. 2114 derived from act May 28, 1830, ch. 148, Secs. 7, 8, 4 Stat. 412. -MISC1- AMERICAN INDIAN POLICY REVIEW COMMISSION Pub. L. 93-580, Jan. 2, 1975, 88 Stat. 1910, as amended by Pub. L. 94-80, Secs. 1-4, Aug. 9, 1975, 89 Stat. 415, 416; Pub. L. 95-5, Feb. 17, 1977, 91 Stat. 13, provided for the establishment, membership, etc., of the American Indian Policy Review Commission, and for investigations, studies, and a final report respecting Indian tribal government affairs, with the Commission to cease to exist three months after submission of the final report but not later than June 30, 1977, and Congressional committee reports to Congress within two years after referral to committee of the final report by the President of the Senate and Speaker of the House. -End- -CITE- 25 USC Sec. 175 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 175. United States attorneys to represent Indians -STATUTE- In all States and Territories where there are reservations or allotted Indians the United States attorney shall represent them in all suits at law and in equity. -SOURCE- (Mar. 3, 1893, ch. 209, Sec. 1, 27 Stat. 631; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.) -CHANGE- CHANGE OF NAME "United States attorney" substituted in text for "United States district attorney" on authority of act June 25, 1948. See section 541 of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 25 USC Sec. 176 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 176. Survey of reservations -STATUTE- Whenever it becomes necessary to survey any Indian or other reservations, or any lands, the same shall be surveyed under the direction and control of the Bureau of Land Management, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed. -SOURCE- (R.S. Sec. 2115; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -COD- CODIFICATION R.S. Sec. 2115 derived from act Apr. 8, 1864, ch. 48, Sec. 6, 13 Stat. 41. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. "Bureau of Land Management" substituted in text for "General Land Office" pursuant to section 403 of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, which established the Bureau and transferred thereto the powers and duties of the General Land Office. -End- -CITE- 25 USC Sec. 177 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 177. Purchases or grants of lands from Indians -STATUTE- No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of $1,000. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty. -SOURCE- (R.S. Sec. 2116.) -COD- CODIFICATION R.S. Sec. 2116 derived from act June 30, 1834, ch. 161, Sec. 12, 4 Stat. 730. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 941k, 1724, 1757, 1772c, 1774f, 1779c, 1779f of this title. -End- -CITE- 25 USC Sec. 178 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 178. Fees on behalf of Indian parties in contests under public land laws -STATUTE- In contests initiated by or against Indians, to an entry, filing or other claims, under the laws of Congress relating to public lands for any sufficient cause affecting the legality or validity of the entry, filing or claim, the fees to be paid by and on behalf of the Indian party in any case shall be one-half of the fees provided by law in such cases, and said fees shall be paid by the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, on an account stated by the proper land officers through the Secretary of the Interior or such officer as he may designate. -SOURCE- (Mar. 3, 1893, ch. 209, Sec. 1, 27 Stat. 631; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. "Secretary of the Interior or such officer as he may designate" substituted in text for "Commissioner of the General Land Office" on authority of section 403(d) and (e) of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, which abolished office of Commissioner of General Land Office and transferred functions of General Land Office to Secretary of the Interior or such officers and agencies of Department of the Interior as he may designate. -End- -CITE- 25 USC Sec. 179 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 179. Driving stock to feed on lands -STATUTE- Every person who drives or otherwise conveys any stock of horses, mules, or cattle, to range and feed on any land belonging to any Indian or Indian tribe, without the consent of such tribe, is liable to a penalty of $1 for each animal of such stock. This section shall not apply to Creek lands. -SOURCE- (R.S. Sec. 2117; Mar. 1, 1901, ch. 676, Sec. 37, 31 Stat. 871; June 30, 1902, ch. 1323, Sec. 17, 32 Stat. 504.) -COD- CODIFICATION R.S. Sec. 2117 derived from act June 30, 1834, ch. 161, Sec. 9, 4 Stat. 730. -End- -CITE- 25 USC Sec. 180 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 180. Settling on or surveying lands belonging to Indians by treaty -STATUTE- Every person who makes a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or surveys or attempts to survey such lands, or to designate any of the boundaries by marking trees, or otherwise, is liable to a penalty of $1,000. The President may, moreover, take such measures and employ such military force as he may judge necessary to remove any such person from the lands. -SOURCE- (R.S. Sec. 2118.) -COD- CODIFICATION R.S. Sec. 2118 derived from act June 30, 1834, ch. 161, Sec. 11, 4 Stat. 730. -End- -CITE- 25 USC Sec. 181 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 181. Rights of white men marrying Indian women; tribal property -STATUTE- No white man, not otherwise a member of any tribe of Indians, who may after August 9, 1888, marry an Indian woman, member of any Indian tribe in the United States, or any of its Territories except the Five Civilized Tribes in the Indian Territory, shall by such marriage after August 9, 1888, acquire any right to any tribal property, privilege, or interest whatever to which any member of such tribe is entitled. -SOURCE- (Aug. 9, 1888, ch. 818, Sec. 1, 25 Stat. 392.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 182 of this title. -End- -CITE- 25 USC Sec. 182 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 182. Rights of Indian women marrying white men; tribal property -STATUTE- Every Indian woman, member of any such tribe of Indians, who may be married after August 9, 1888, to any citizen of the United States, is hereby declared to become by such marriage a citizen of the United States, with all the rights, privileges, and immunities of any such citizen, being a married woman: Provided, That nothing in sections 181 to 183 of this title contained shall impair or in any way affect the right or title of such married woman to any tribal property or any interest therein. -SOURCE- (Aug. 9, 1888, ch. 818, Sec. 2, 25 Stat. 392.) -End- -CITE- 25 USC Sec. 183 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 183. Marriage of white men to Indian women; evidence -STATUTE- Whenever the marriage of any white man with any Indian woman, a member of any such tribe of Indians, is required or offered to be proved in any judicial proceeding, evidence of the admission of such fact by the party against whom the proceeding is had, or evidence of general repute, or of cohabitation as married persons, or any other circumstantial or presumptive evidence from which the fact may be inferred, shall be competent. -SOURCE- (Aug. 9, 1888, ch. 818, Sec. 3, 25 Stat. 392.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 181 of this title. -End- -CITE- 25 USC Sec. 184 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 184. Rights of children born of marriages between white men and Indian women -STATUTE- All children born of a marriage solemnized prior to June 7, 1897, between a white man and an Indian woman by blood and not by adoption, where said Indian woman was on that date, or was at the time of her death, recognized by the tribe, shall have the same rights and privileges to the property of the tribe to which the mother belongs, or belonged at the time of her death, by blood, as any other member of the tribe, and no prior Act of Congress shall be construed as to debar such child of such right. -SOURCE- (June 7, 1897, ch. 3, 30 Stat. 90.) -End- -CITE- 25 USC Sec. 185 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 185. Protection of Indians desiring civilized life -STATUTE- Whenever any Indian, being a member of any band or tribe with whom the Government has or shall have entered into treaty stipulations, being desirous to adopt the habits of civilized life, has had a portion of the lands belonging to his tribe allotted to him in severalty, in pursuance of such treaty stipulations, the agent and superintendent of such tribe shall take such measures, not inconsistent with law, as may be necessary to protect such Indian in the quiet enjoyment of the lands so allotted to him. -SOURCE- (R.S. Sec. 2119.) -COD- CODIFICATION R.S. Sec. 2119 derived from act June 14, 1862, ch. 101, Sec. 1, 12 Stat. 427. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 186 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 186. Repealed. May 21, 1934, ch. 321, 48 Stat. 787 -MISC1- Section, R.S. Sec. 2120, related to trespassing on lands of civilized Indians. -End- -CITE- 25 USC Sec. 187 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 187. Omitted -COD- CODIFICATION Section, R.S. Sec. 2121, which directed the Superintendent of Indian Affairs to suspend a trespasser (as described in section 186 of this title) who is the chief or headman of a band or tribe from his office for 3 months and to deprive him of all benefits and emoluments of such office during that time but allowed the Superintendent to restore him to his office sooner if the Superintendent should so decide, was omitted in view of the repeal of section 186 of this title. -End- -CITE- 25 USC Secs. 188, 189 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Secs. 188, 189. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(49), (50), 65 Stat. 703 -MISC1- Section 188, R.S. Sec. 2122, related to sale of buildings belonging to United States. Section 189, R.S. Sec. 2123, related to sale of lands with buildings. -End- -CITE- 25 USC Sec. 190 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 190. Sale of plants or tracts not needed for administrative or allotment purposes -STATUTE- Subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended,(!1) the Secretary of the Interior is authorized in his discretion to sell and convey by deed or patent, under such terms and conditions as he may prescribe, at not less than their appraised value, nonreservation Government tracts or plants or tribal administrative plants or reserves, or parts thereof, not exceeding forty acres in area and not exceeding $2,000 in value, not longer needed for Indian administrative or allotment purposes, and small unallotted tracts not exceeding forty acres, where a sale will serve the tribal interests. All sales made under this section shall be at public auction, to the highest and best bidder. And the Secretary of the Interior is further authorized, where a tract to be disposed of under this section or any other Act authorizing the disposition of tribal lands requires survey as basis for a deed or patent, to accept from the grantee, in addition to the purchase price, an amount sufficient to cover the survey costs. The net proceeds of sale of any tribal site, plant, or tract shall be deposited in the Treasury of the United States to the credit of the Indians owning the same, to be disposed of for their benefit in accordance with existing law. -SOURCE- (Apr. 12, 1924, ch. 93, 43 Stat. 93; Oct. 31, 1951, ch. 654, Sec. 2(16), 65 Stat. 707.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Except for title III of the Act, which is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public Buildings, Property, and Works. -MISC1- AMENDMENTS 1951 - Act Oct. 31, 1951, inserted reference to applicable regulations of Federal Property and Administrative Services Act of 1949, as amended, at beginning of first par., and, in third par., struck out requirement that net proceeds of sales of Government-owned nontribal plants or lands be deposited in Treasury of United States. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 191 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 191. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(51), 65 Stat. 703 -MISC1- Section, acts July 1, 1898, ch. 545, Sec. 6, 30 Stat. 596; June 25, 1910, ch. 431, Sec. 22, 36 Stat. 861, related to transfer or sale of Government property at reservations. -End- -CITE- 25 USC Sec. 192 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 192. Sale by agents of cattle or horses not required -STATUTE- The agent of each tribe of Indians, lawfully residing in the Indian country, is authorized to sell for the benefit of such Indians any cattle, horses, or other livestock belonging to the Indians, and not required for their use and subsistence, under such regulations as shall be established by the Secretary of the Interior. But no such sale shall be made so as to interfere with the execution of any order lawfully issued by the Secretary of the Army, connected with the movement or subsistence of troops. -SOURCE- (R.S. Sec. 2127; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION R.S. Sec. 2127 derived from act Mar. 3, 1865, ch. 127, Sec. 9, 13 Stat. 563. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 193 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 193. Proceedings against goods seized for certain violations -STATUTE- When goods or other property shall be seized for any violation of title 28 of the Revised Statutes it shall be lawful for the person prosecuting on behalf of the United States to proceed against such goods, or other property, in the manner directed to be observed in the case of goods, wares, or merchandise brought into the United States in violation of the revenue laws. -SOURCE- (R.S. Sec. 2125.) -REFTEXT- REFERENCES IN TEXT Title 28 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 28 of the Revised Statutes, consisting of R.S. Secs. 2039 to 2157. For complete classification of R.S. Secs. 2039 to 2157 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 2125 derived from act June 30, 1834, ch. 161, Sec. 28, 4 Stat. 734. -End- -CITE- 25 USC Sec. 194 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 194. Trial of right of property; burden of proof -STATUTE- In all trials about the right of property in which an Indian may be a party on one side, and a white person on the other, the burden of proof shall rest upon the white person, whenever the Indian shall make out a presumption of title in himself from the fact of previous possession or ownership. -SOURCE- (R.S. Sec. 2126.) -COD- CODIFICATION R.S. Sec. 2126 derived from act June 30, 1834, ch. 161, Sec. 22, 4 Stat. 733. -End- -CITE- 25 USC Sec. 195 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 195. Repealed. Aug. 15, 1953, ch. 506, Sec. 2(b), 67 Stat. 590 -MISC1- Section, act July 4, 1884, ch. 180, Sec. 1, 23 Stat. 94, related to sale of cattle purchased by Government to nontribal members. -End- -CITE- 25 USC Sec. 196 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 196. Sale or other disposition of dead timber -STATUTE- The President of the United States may from year to year in his discretion under such regulations as he may prescribe authorize the Indians residing on reservations or allotments, the fee to which remains in the United States, to fell, cut, remove, sell or otherwise dispose of the dead timber standing, or fallen, on such reservation or allotment for the sole benefit of such Indian or Indians. But whenever there is reasonable cause to believe that such timber has been killed, burned, girdled, or otherwise injured for the purpose of securing its sale under this section then in that case such authority shall not be granted. -SOURCE- (Feb. 16, 1889, ch. 172, 25 Stat. 673.) -End- -CITE- 25 USC Sec. 197 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 197. Disposition of dead timber on reservations in Minnesota -STATUTE- The Secretary of the Interior may in his discretion, from year to year, under such regulations as he may prescribe, authorize the Indians residing on any Indian reservation in the State of Minnesota, whether the same has been allotted in severalty or is still unallotted, to fell, cut, remove, sell, or otherwise dispose of the dead timber, standing or fallen on such reservation or any part thereof, for the sole benefit of such Indians; and he may also in like manner authorize the Chippewa Indians of Minnesota who have any interest or right in the proceeds derived from the sales of ceded Indian lands or the timber growing thereon, whereof the fee is still in the United States, to fell, cut, remove, or dispose of the dead timber, otherwise than by sale, standing or fallen, on such ceded land. But whenever there is reason to believe that such dead timber in either case has been killed, burned, girdled, or otherwise injured for the purpose of securing its sale under this section, then in that case authority shall not be granted. -SOURCE- (June 7, 1897, ch. 3, 30 Stat. 90.) -MISC1- CHIPPEWA RESERVATION AND CEDED LANDS IN MINNESOTA Act June 27, 1902, ch. 1157, Sec. 4, 32 Stat. 404, provided: "That so much of the Act of June seventh, eighteen hundred and ninety-seven, entitled 'An Act making appropriations for the current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes,' as authorizes the sale of dead timber, standing or fallen, under regulations prescribed by the Secretary of the Interior, on the Chippewa reservations and ceded lands in the State of Minnesota, is hereby repealed: Provided, That nothing herein contained shall be held in any way to affect contracts already entered into and now in force for the sale and cutting of dead timber, standing or fallen, on said reservations and ceded lands." -End- -CITE- 25 USC Sec. 198 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 198. Contagious and infectious diseases; quarantine -STATUTE- Whenever the Secretary of the Interior shall find any Indian afflicted with tuberculosis, trachoma, or other contagious or infectious diseases, he may, if in his judgment the health of the afflicted Indian or that of other persons require it, isolate or quarantine such afflicted Indian in a hospital or other place for treatment. The Secretary of the Interior may employ such means as may be necessary in the isolation, or quarantine, of such Indian, and it shall be the duty of such Indian so afflicted to obey any order or regulation made by the Secretary of the Interior in carrying out this provision. -SOURCE- (Aug. 1, 1914, ch. 222, Sec. 1, 38 Stat. 584.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 199 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 199. Access to records of Five Civilized Tribes -STATUTE- The Secretary of the Interior, or his accredited representative, shall at all times have access to any books and records of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes, whether in possession of any of the officers of either of said tribes or any officer or custodian thereof, of the State of Oklahoma. -SOURCE- (Mar. 1, 1907, ch. 2285, 34 Stat. 1027.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 199a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 199a. Custody of records; Oklahoma Historical Society -STATUTE- Title to records of Indian tribes heretofore placed with the Oklahoma Historical Society of the State of Oklahoma by the Secretary of the Interior shall remain vested in the United States and such records shall be held by the said society under rules and regulations prescribed by the Archivist of the United States: Provided, That copies of any such records, documents, books, or papers held by the said society when certified by the secretary or chief clerk thereof under its seal, or by the officer or person acting as secretary or chief clerk, shall be evidence equally with the original, and in making such certified copies the said secretary or acting secretary and the said chief clerk or acting chief clerk shall be acting as a Federal agent, and such certified copies shall have the same force and effect as if made by the Archivist of the United States as provided in section 2116(b) of title 44: Provided further, That whenever such certified copies are desired for official use by the Federal Government they shall be furnished without cost: Provided further, That any such records held by the said society shall be promptly returned to the Government official designated by the Archivist of the United States upon his request therefor. -SOURCE- (Mar. 27, 1934, ch. 93, 48 Stat. 501; Oct. 25, 1951, ch. 562, Sec. 4(5), 65 Stat. 640; Pub. L. 98-497, title I, Sec. 107(i), Oct. 19, 1984, 98 Stat. 2292.) -COD- CODIFICATION "Section 2116(b) of title 44" substituted in text for "section 509(b) of the Federal Records Act of 1950 (64 Stat. 583)" on authority of section 2(b) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305, the first section of which enacted Title 44, Public Printing and Documents, and restated such section 509(b) as section 2112(b) of Title 44, and Pub. L. 98-497, title I, Sec. 102(a)(1), Oct. 19, 1984, 98 Stat. 2280, which renumbered section 2112(b) as 2116(b). -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted "Archivist of the United States" for "Administrator of General Services" in three places. 1951 - Act Oct. 25, 1951, transferred control of Indian tribal records, heretofore placed hereunder with Oklahoma Historical Society, from Secretary of the Interior to Administrator of General Services. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. -End- -CITE- 25 USC Sec. 200 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 200. Report of offense or case of Indian incarcerated in agency jail -STATUTE- Whenever an Indian shall be incarcerated in an agency jail, or any other place of confinement, on an Indian reservation or at an Indian school, a report or record of the offense or case shall be immediately submitted to the superintendent of the reservation or such official or officials as he may designate, and such report shall be made a part of the records of the agency office. -SOURCE- (Aug. 1, 1914, ch. 222, Sec. 1, 38 Stat. 586.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 201 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 201. Penalties; how recovered -STATUTE- All penalties which shall accrue under title 28 of the Revised Statutes shall be sued for and recovered in an action in the nature of an action of debt, in the name of the United States, before any court having jurisdiction of the same, in any State or Territory in which the defendant shall be arrested or found, the one half to the use of the informer and the other half to the use of the United States, except when the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use. -SOURCE- (R.S. Sec. 2124.) -REFTEXT- REFERENCES IN TEXT Title 28 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 28 of the Revised Statutes, consisting of R.S. Secs. 2039 to 2157. For complete classification of R.S. Secs. 2039 to 2157 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 2124 derived from act June 30, 1834, ch. 161, Sec. 27, 4 Stat. 733. -End- -CITE- 25 USC Sec. 202 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 5 - PROTECTION OF INDIANS -HEAD- Sec. 202. Inducing conveyances by Indians of trust interests in lands -STATUTE- It shall be unlawful for any person to induce any Indian to execute any contract, deed, mortgage, or other instrument purporting to convey any land or any interest therein held by the United States in trust for such Indian, or to offer any such contract, deed, mortgage, or other instrument for record in the office of any recorder of deeds. Any person violating this provision shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $500 for the first offense, and if convicted for a second offense may be punished by a fine not exceeding $500 or imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. This section shall not apply to any lease or other contract authorized by law to be made. -SOURCE- (June 25, 1910, ch. 431, Sec. 5, 36 Stat. 857.) -COD- CODIFICATION Section was formerly classified to section 115 of Title 18, Criminal Code and Criminal Procedure, prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, Sec. 1, 62 Stat. 683. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 406, 564h, 697, 747 of this title. -End- -CITE- 25 USC CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS -HEAD- CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS -MISC1- SUBCHAPTER I - GENERALLY Sec. 211. Creation of Indian reservations. 212 to 228. Repealed. 229. Injuries to property by Indians. 230. Depositions by agents touching depredations. 231. Enforcement of State laws affecting health and education; entry of State employees on Indian lands. 232. Jurisdiction of New York State over offenses committed on reservations within State. 233. Jurisdiction of New York State courts in civil actions. SUBCHAPTER II - TRAFFIC IN INTOXICATING LIQUORS 241 to 250. Repealed. 251. Setting up distillery. 252. Repealed. 253. Wines for sacramental purposes. 254. Repealed. SUBCHAPTER III - TRADERS WITH INDIANS 261. Power to appoint traders with Indians. 262. Persons permitted to trade with Indians. 263. Prohibition of trade by President. 264. Trading without license; white persons as clerks. 265, 266. Repealed. -End- -CITE- 25 USC SUBCHAPTER I - GENERALLY 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I - GENERALLY -HEAD- SUBCHAPTER I - GENERALLY -End- -CITE- 25 USC Sec. 211 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I - GENERALLY -HEAD- Sec. 211. Creation of Indian reservations -STATUTE- No Indian reservation shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of New Mexico and Arizona, except by Act of Congress. -SOURCE- (May 25, 1918, ch. 86, Sec. 2, 40 Stat. 570.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 640d-4 of this title. -End- -CITE- 25 USC Secs. 212 to 215 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I - GENERALLY -HEAD- Secs. 212 to 215. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section 212, R.S. Sec. 2143, related to arson. See section 1153 of Title 18, Crimes and Criminal Procedure. Section 213, R.S. Sec. 2142, related to assault. See section 1153 of Title 18. Section 214, R.S. Sec. 2138; act June 30, 1919, ch. 4, Sec. 1, 41 Stat. 9, related to removing cattle from Indian country. Section 215, R.S. Sec. 2144, related to forgery and depredations on the mails. See sections 1151 and 1152 of Title 18. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948. -End- -CITE- 25 USC Sec. 216 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I - GENERALLY -HEAD- Sec. 216. Repealed. Pub. L. 86-634, Sec. 4, July 12, 1960, 74 Stat. 469 -MISC1- Section, R.S. Sec. 2137, prohibited hunting by non-Indians on Indian lands except for subsistence. See section 1165 of Title 18, Crimes and Criminal Procedure. -End- -CITE- 25 USC Secs. 217 to 218 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I - GENERALLY -HEAD- Secs. 217 to 218. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section 217, R.S. Sec. 2145, related to general laws as to punishment extended to Indian country. See sections 1151 and 1152 of Title 18, Crimes and Criminal Procedure. Section 217a, act June 8, 1940, ch. 276, 54 Stat. 249, related to jurisdiction of Kansas over offenses committed by or against Indians or reservations. See section 3243 of Title 18. Section 218, R.S. Sec. 2146; act Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 318, related to exceptions as to extension of general laws. See sections 1151 and 1152 of Title 18. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948. -End- -CITE- 25 USC Secs. 219 to 226 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I - GENERALLY -HEAD- Secs. 219 to 226. Repealed. May 21, 1934, ch. 321, 48 Stat. 787 -MISC1- Section 219, R.S. Sec. 2134, related to foreigners entering Indian country without passports, penalty for such entry and contents of passports. Section 220, R.S. Sec. 2147, related to authority to remove person from Indian country and to use of military force. Section 221, R.S. Sec. 2148, related to person returning after removal from Indian country. Section 222, R.S. Sec. 2149, related to authority to remove person from Indian reservation and use of necessary force. Section 223, R.S. Sec. 2150, related to employment of military. Section 224, R.S. Sec. 2151, related to detention and treatment of persons apprehended by military. Section 225, R.S. Sec. 2152, related to arrest of absconding Indians, use of military force to apprehend such Indians and to prevent tribal hostilities. Section 226, R.S. Sec. 2153, related to posse comitatus in executing process. -End- -CITE- 25 USC Secs. 227, 228 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I - GENERALLY -HEAD- Secs. 227, 228. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section 227, R.S. Sec. 2154, related to reparation for injuries to Indian property. See section 1160 of Title 18, Crimes and Criminal Procedure. Section 228, R.S. Sec. 2155, related to payment of reparation where offender is unable to. See section 1160 of Title 18. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948. -End- -CITE- 25 USC Sec. 229 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I - GENERALLY -HEAD- Sec. 229. Injuries to property by Indians -STATUTE- If any Indian, belonging to any tribe in amity with the United States, shall, within the Indian country, take or destroy the property of any person lawfully within such country, or shall pass from Indian country into any State or Territory inhabited by citizens of the United States, and there take, steal, or destroy, any horse, or other property belonging to any citizen or inhabitant of the United States, such citizen or inhabitant, his representative, attorney, or agent, may make application to the proper superintendent, agent, or subagent, who, upon being furnished with the necessary documents and proofs, shall, under the direction of the President, make application to the nation or tribe to which such Indian shall belong, for satisfaction; and if such nation or tribe shall neglect or refuse to make satisfaction, in a reasonable time not exceeding twelve months, such superintendent, agent, or subagent shall make return of his doings to the Commissioner of Indian Affairs, that such further steps may be taken as shall be proper, in the opinion of the President, to obtain satisfaction for the injury. -SOURCE- (R.S. Sec. 2156.) -COD- CODIFICATION R.S. Sec. 2156 derived from acts June 30, 1834, ch. 161, Sec. 17, 4 Stat. 731; Feb. 28, 1859, ch. 66, Sec. 8, 11 Stat. 401. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 230 of this title. -End- -CITE- 25 USC Sec. 230 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I - GENERALLY -HEAD- Sec. 230. Depositions by agents touching depredations -STATUTE- The superintendents, agents, and subagents within their respective districts are authorized and empowered to take depositions of witnesses touching any depredations, within the purview of sections 227, 228 (!1) and 229 of this title, and to administer oaths to the deponents. -SOURCE- (R.S. Sec. 2157.) -REFTEXT- REFERENCES IN TEXT Sections 227 and 228 of this title, referred to in text, were repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and are covered by section 1160 of Title 18, Crimes and Criminal Procedure. -COD- CODIFICATION R.S. Sec. 2157 derived from act June 30, 1834, ch. 161, Sec. 18, 4 Stat. 732. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 231 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I - GENERALLY -HEAD- Sec. 231. Enforcement of State laws affecting health and education; entry of State employees on Indian lands -STATUTE- The Secretary of the Interior, under such rules and regulations as he may prescribe, shall permit the agents and employees of any State to enter upon Indian tribal lands, reservations, or allotments therein (1) for the purpose of making inspection of health and educational conditions and enforcing sanitation and quarantine regulations or (2) to enforce the penalties of State compulsory school attendance laws against Indian children, and parents, or other persons in loco parentis except that this subparagraph (2) shall not apply to Indians of any tribe in which a duly constituted governing body exists until such body has adopted a resolution consenting to such application. -SOURCE- (Feb. 15, 1929, ch. 216, 45 Stat. 1185; Aug. 9, 1946, ch. 930, 60 Stat. 962.) -MISC1- AMENDMENTS 1946 - Act Aug. 9, 1946, permitted proper State officers to invoke penalties of State compulsory school attendance against Indian children, their parents, or other persons in loco parentis. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 232 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I - GENERALLY -HEAD- Sec. 232. Jurisdiction of New York State over offenses committed on reservations within State -STATUTE- The State of New York shall have jurisdiction over offenses committed by or against Indians on Indian reservations within the State of New York to the same extent as the courts of the State have jurisdiction over offenses committed elsewhere within the State as defined by the laws of the State: Provided, That nothing contained in this section shall be construed to deprive any Indian tribe, band, or community, or members thereof,(!1) hunting and fishing rights as guaranteed them by agreement, treaty, or custom, nor require them to obtain State fish and game licenses for the exercise of such rights. -SOURCE- (July 2, 1948, ch. 809, 62 Stat. 1224.) -FOOTNOTE- (!1) So in original. Probably should be followed by "of". -End- -CITE- 25 USC Sec. 233 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I - GENERALLY -HEAD- Sec. 233. Jurisdiction of New York State courts in civil actions -STATUTE- The courts of the State of New York under the laws of such State shall have jurisdiction in civil actions and proceedings between Indians or between one or more Indians and any other person or persons to the same extent as the courts of the State shall have jurisdiction in other civil actions and proceedings, as now or hereafter defined by the laws of such State: Provided, That the governing body of any recognized tribe of Indians in the State of New York shall have the right to declare, by appropriate enactment prior to September 13, 1952, those tribal laws and customs which they desire to preserve, which, on certification to the Secretary of the Interior by the governing body of such tribe shall be published in the Federal Register and thereafter shall govern in all civil cases involving reservation Indians when the subject matter of such tribal laws and customs is involved or at issue, but nothing herein contained shall be construed to prevent such courts from recognizing and giving effect to any tribal law or custom which may be proven to the satisfaction of such courts: Provided further, That nothing in this section shall be construed to require any such tribe or the members thereof to obtain fish and game licenses from the State of New York for the exercise of any hunting and fishing rights provided for such Indians under any agreement, treaty, or custom: Provided further, That nothing herein contained shall be construed as subjecting the lands within any Indian reservation in the State of New York to taxation for State or local purposes, nor as subjecting any such lands, or any Federal or State annuity in favor of Indians or Indian tribes, to execution on any judgment rendered in the State courts, except in the enforcement of a judgment in a suit by one tribal member against another in the matter of the use or possession of land: And provided further, That nothing herein contained shall be construed as authorizing the alienation from any Indian nation, tribe, or band of Indians of any lands within any Indian reservation in the State of New York: Provided further, That nothing herein contained shall be construed as conferring jurisdiction on the courts of the State of New York or making applicable the laws of the State of New York in civil actions involving Indian lands or claims with respect thereto which relate to transactions or events transpiring prior to September 13, 1952. -SOURCE- (Sept. 13, 1950, ch. 947, Sec. 1, 64 Stat. 845.) -MISC1- EFFECTIVE DATE Section 2 of act Sept. 13, 1950, provided: "This Act [this section] shall take effect two years after the date of its passage [Sept. 13, 1950]." -End- -CITE- 25 USC SUBCHAPTER II - TRAFFIC IN INTOXICATING LIQUORS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER II - TRAFFIC IN INTOXICATING LIQUORS -HEAD- SUBCHAPTER II - TRAFFIC IN INTOXICATING LIQUORS -End- -CITE- 25 USC Secs. 241 to 250 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER II - TRAFFIC IN INTOXICATING LIQUORS -HEAD- Secs. 241 to 250. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section 241, R.S. Sec. 2139; acts Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244; July 23, 1892, ch. 234, 27 Stat. 260; June 15, 1938, ch. 435, Sec. 1, 52 Stat. 696, related to sale of intoxicating liquor. See sections 1154 and 1156 of Title 18, Crimes and Criminal Procedure. Section 241a, act Mar. 1, 1895, ch. 145, Sec. 8, 28 Stat. 697, related to punishment for sale of intoxicating liquors. See section 1155 of Title 18. Section 242, acts Mar. 2, 1917, ch. 146, Sec. 17, 39 Stat. 983; June 13, 1932, ch. 245, 47 Stat. 302, related to manufacture and sale of alcohol in Osage County, Oklahoma. See section 1154 of Title 18. Section 243, R.S. Sec. 2139, act July 23, 1892, ch. 234, 27 Stat. 261, related to complaints, arrests, and convictions. See section 3041 of Title 18, and rule 5 of Title 18, Appendix. Section 244, acts May 25, 1918, ch. 86, Sec. 1, 40 Stat. 563; June 30, 1919, ch. 4, Sec. 1, 41 Stat. 4, related to possession of intoxicating liquor in Indian country. See section 1156 of Title 18. Section 244a, act Mar. 5, 1934, ch. 43, 48 Stat. 396, related to repeal of certain liquor laws affecting former Indian Territory now a part of Oklahoma. See sections 1154 to 1156 of Title 18. Section 245, act May 18, 1916, ch. 125, Sec. 1, 39 Stat. 124, related to possession of intoxicating liquor as prima facie evidence of unlawful production. See sections 3113 and 3488 of Title 18. Section 246, R.S. Sec. 2140, related to searches and seizures. See section 3113 of Title 18. Section 247, act Mar. 2, 1917, ch. 146, Sec. 1, 39 Stat. 970, related to seizure of vehicles. See section 3618 of Title 18. Section 248, act Mar. 1, 1907, ch. 2285, 34 Stat. 1017, related to powers of special agents and deputies to suppress liquor traffic. See section 3113 of Title 18. Section 249, act July 4, 1884, ch. 180, Sec. 1, 23 Stat. 94, related to officers and soldiers of Army furnishing liquor to Indians. See section 1154 of Title 18. Section 250, act Aug. 24, 1912, ch. 388, Sec. 1, 37 Stat. 519, related to powers of chief special officer and deputies to suppress liquor traffic. See section 3055 of Title 18. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948. -End- -CITE- 25 USC Sec. 251 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER II - TRAFFIC IN INTOXICATING LIQUORS -HEAD- Sec. 251. Setting up distillery -STATUTE- Every person who shall, within the Indian country, set up or continue any distillery for manufacturing ardent spirits, shall be liable to a penalty of $1,000; and the superintendent of Indian affairs, Indian agent, or subagent, within the limits of whose agency any distillery of ardent spirits is set up or continued, shall forthwith destroy and break up the same. -SOURCE- (R.S. Sec. 2141.) -COD- CODIFICATION R.S. Sec. 2141 derived from act June 30, 1834, ch. 161, Sec. 21, 4 Stat. 732. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. SUPERINTENDENT OF INDIAN AFFAIRS No appropriation for any superintendent of Indian affairs has been made since act Mar. 3, 1877, ch. 101, Sec. 1, 19 Stat. 271. -End- -CITE- 25 USC Sec. 252 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER II - TRAFFIC IN INTOXICATING LIQUORS -HEAD- Sec. 252. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section, act May 18, 1916, ch. 125, Sec. 1, 39 Stat. 124, related to application of sections 246 and 251 of this title to search and seizure and setting up a distillery. See section 3113 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948. -End- -CITE- 25 USC Sec. 253 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER II - TRAFFIC IN INTOXICATING LIQUORS -HEAD- Sec. 253. Wines for sacramental purposes -STATUTE- It shall not be unlawful to introduce and use wines solely for sacramental purposes, under church authority, at any place within the Indian country or any Indian reservation, including the Pueblo Reservations in New Mexico. -SOURCE- (Aug. 24, 1912, ch. 388, Sec. 1, 37 Stat. 519.) -End- -CITE- 25 USC Sec. 254 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER II - TRAFFIC IN INTOXICATING LIQUORS -HEAD- Sec. 254. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section, act June 27, 1934, ch. 846, 48 Stat. 1245, related to inapplicability of liquor laws to lands outside reservations free from restrictions against alienation. See sections 1154 and 1156 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948. -End- -CITE- 25 USC SUBCHAPTER III - TRADERS WITH INDIANS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER III - TRADERS WITH INDIANS -HEAD- SUBCHAPTER III - TRADERS WITH INDIANS -End- -CITE- 25 USC Sec. 261 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER III - TRADERS WITH INDIANS -HEAD- Sec. 261. Power to appoint traders with Indians -STATUTE- The Commissioner of Indian Affairs shall have the sole power and authority to appoint traders to the Indian tribes and to make such rules and regulations as he may deem just and proper specifying the kind and quantity of goods and the prices at which such goods shall be sold to the Indians. -SOURCE- (Aug. 15, 1876, ch. 289, Sec. 5, 19 Stat. 200.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 262 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER III - TRADERS WITH INDIANS -HEAD- Sec. 262. Persons permitted to trade with Indians -STATUTE- Any person desiring to trade with the Indians on any Indian reservation shall, upon establishing the fact, to the satisfaction of the Commissioner of Indian Affairs, that he is a proper person to engage in such trade, be permitted to do so under such rules and regulations as the Commissioner of Indian Affairs may prescribe for the protection of said Indians. -SOURCE- (Mar. 3, 1901, ch. 832, Sec. 1, 31 Stat. 1066; Mar. 3, 1903, ch. 994, Sec. 10, 32 Stat. 1009.) -COD- CODIFICATION Act Mar. 3, 1901, restricted provisions to the Osages and the Osage Indian Reservation. Act Mar. 3, 1903, extended the provisions to all Indian reservations. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 263 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER III - TRADERS WITH INDIANS -HEAD- Sec. 263. Prohibition of trade by President -STATUTE- The President is authorized, whenever in his opinion the public interest may require the same, to prohibit the introduction of goods, or of any particular article, into the country belonging to any Indian tribe, and to direct all licenses to trade with such tribe to be revoked, and all applications therefor to be rejected. No trader to any other tribe shall, so long as such prohibition may continue, trade with any Indians of or for the tribe against which such prohibition is issued. -SOURCE- (R.S. Sec. 2132.) -COD- CODIFICATION R.S. Sec. 2132 derived from act June 30, 1834, ch. 161, Sec. 3, 4 Stat. 729. -End- -CITE- 25 USC Sec. 264 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER III - TRADERS WITH INDIANS -HEAD- Sec. 264. Trading without license; white persons as clerks -STATUTE- Any person other than an Indian of the full blood who shall attempt to reside in the Indian country, or on any Indian reservation, as a trader, or to introduce goods, or to trade therein, without such license, shall forfeit all merchandise offered for sale to the Indians or found in his possession, and shall moreover be liable to a penalty of $500: Provided, That this section shall not apply to any person residing among or trading with the Choctaws, Cherokees, Chickasaws, Creeks, or Seminoles, commonly called the Five Civilized Tribes, residing in said Indian country, and belonging to the Union Agency therein: And provided further, That no white person shall be employed as a clerk by any Indian trader, except such as trade with said Five Civilized Tribes, unless first licensed so to do by the Commissioner of Indian Affairs, under and in conformity to regulations to be established by the Secretary of the Interior. -SOURCE- (R.S. Sec. 2133; July 31, 1882, ch. 360, 22 Stat. 179.) -COD- CODIFICATION R.S. Sec. 2133 derived from act June 30, 1834, ch. 161, Sec. 4, 4 Stat. 729. Act July 31, 1882, inserted "of the full blood" and "or on any Indian reservation" and added the two provisos. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Secs. 265, 266 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER III - TRADERS WITH INDIANS -HEAD- Secs. 265, 266. Repealed. Aug. 15, 1953, ch. 506, Sec. 1, 67 Stat. 590 -MISC1- Section 265, R.S. Sec. 2135, prohibited certain purchases and sales within Indian country by persons other than Indians. Section 266, R.S. Secs. 467, 2136, prohibited sale of arms in district occupied by uncivilized or hostile Indians. -End- -CITE- 25 USC CHAPTER 7 - EDUCATION OF INDIANS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- CHAPTER 7 - EDUCATION OF INDIANS -MISC1- Sec. 271. Employment of instructors for Indians. 272. Superintendent of Indian schools. 272a. Other duties. 273. Detail of Army officer. 274. Employment of Indian girls and boys as assistants. 275. Leaves of absence to employees. 276. Vacant military posts or barracks for schools; detail of Army officers. 277. Former Apache military post established as Theodore Roosevelt Indian School. 278. Repealed. 278a. Use of appropriated funds for education in sectarian schools prohibited; exceptions. 279. Rations to mission schools. 280. Patents of lands to missionary boards of religious organizations. 280a. Land in Alaska for schools or missions; general land laws. 281. Children taking lands in severalty not excluded. 282. Regulations by Secretary of the Interior to secure attendance at school. 283. Regulations for withholding rations for nonattendance at schools. 284. Omitted. 285. Withholding annuities from Osage Indians for nonattendance at schools. 286. Sending child to school out of State without consent. 287. Taking child to school in another State without written consent. 288, 289. Repealed. 290. Transportation of pupils under 14 at Government expense. 290a. Bureau appropriations as not limiting transportation of school children. 291. Removal of Government property at schools. 292. Suspension or discontinuance of schools. 292a. Discontinuance of boarding and day schools having small attendance. 292b. Establishment of single system of education in Alaska; transfer of Indian schools to State of Alaska. 292c. Unavailability of appropriated funds for boarding schools. 293. Sale of lands purchased for day school or other Indian administrative uses. 293a. Conveyance of school properties to local school districts or public agencies. 293b. Conveyance of abandoned school properties in Alaska to local town or city officials or school authorities; reservation of rights and claims by United States and use conditions; violations and forfeiture of grant; determinations; reversion to United States. 294. Sale of certain abandoned buildings on lands belonging to Indian tribes. 295. Supervision of expenditure of appropriations for school purposes. 296 to 301. Repealed or Omitted. 302. Indian Reform School; rules and regulations; consent of parents to placing youth in reform school. 303. Omitted. 304. South Dakota Indians; State course of study. 304a. Study and investigation of Indian education in United States and Alaska; contracts; report to Congress; appropriations. 304b. Deposits of funds of students and student activity associations in Indian schools. -End- -CITE- 25 USC Sec. 271 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 271. Employment of instructors for Indians -STATUTE- The President may, in every case where he shall judge improvement in the habits and condition of such Indians practicable, and that the means of instruction can be introduced with their own consent, employ capable persons of good moral character to instruct them in the mode of agriculture suited to their situation; and for teaching their children in reading, writing, and arithmetic, and performing such other duties as may be enjoined according to such instructions and rules as the President may give and prescribe for the regulation of their conduct, in the discharge of their duties. A report of the proceedings adopted in the execution of this provision shall be annually laid before Congress. -SOURCE- (R.S. Sec. 2071.) -COD- CODIFICATION R.S. Sec. 2071 derived from act Mar. 3, 1819, ch. 85, 3 Stat. 516. -End- -CITE- 25 USC Sec. 272 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 272. Superintendent of Indian schools -STATUTE- There shall be appointed by the President, by and with the advice and consent of the Senate, a person of knowledge and experience in the management, training, and practical education of children, to be Superintendent of Indian Schools, whose duty it shall be to visit and inspect the schools in which Indians are taught in whole or in part from appropriations from the United States Treasury, and report to the Commissioner of Indian Affairs, what, in his judgment, are the defects, if any, in any of them, in system, in administration, or in means for the most effective advancement of the pupils therein toward civilization and self-support, and what changes are needed to remedy such defects as may exist, and to perform such other duties in connection with Indian schools as may be prescribed by the Secretary of the Interior. -SOURCE- (Mar. 2, 1889, ch. 412, Sec. 10, 25 Stat. 1003.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 272a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 272a. Other duties -STATUTE- The Superintendent of Indian schools shall perform such other duties as may be imposed upon him by the Commissioner of Indian Affairs, subject to the approval of the Secretary of the Interior. -SOURCE- (Mar. 3, 1905, ch. 1479, Sec. 1, 33 Stat. 1049.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 273 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 273. Detail of Army officer -STATUTE- The Secretary of the Army shall be authorized to detail an officer of the Army, not above the rank of captain, for special duty with reference to Indian education. -SOURCE- (June 23, 1879, ch. 35, Sec. 7, 21 Stat. 35; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 25 USC Sec. 274 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 274. Employment of Indian girls and boys as assistants -STATUTE- The Commissioner of Indian Affairs shall employ Indian girls as assistant matrons and Indian boys as farmers and industrial teachers in all Indian schools when it is practicable to do so. -SOURCE- (June 7, 1897, ch. 3, Sec. 1, 30 Stat. 83.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 275 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 275. Leaves of absence to employees -STATUTE- On and after August 24, 1912 teachers in schools operated by the Bureau of Indian Affairs may be allowed, in addition to annual leave, educational leave not to exceed thirty workdays per calendar year, or sixty workdays in every alternate year, for attendance at educational gatherings, conventions, institutions, or training schools, if the interest of the Government requires, under such regulations as the Secretary of the Interior may prescribe; and no additional salary or expense on account of such leave of absence shall be incurred. -SOURCE- (Aug. 24, 1912, ch. 388, Sec. 1, 37 Stat. 519; Aug. 24, 1922, ch. 286, 42 Stat. 829; May 8, 1928, ch. 510, 45 Stat. 493; Pub. L. 85-89, July 10, 1957, 71 Stat. 282.) -MISC1- AMENDMENTS 1957 - Pub. L. 85-89 substituted "Teachers in schools operated by the Bureau of Indian Affairs" for "Teachers of the Indian schools and physicians of the Indian Service". 1928 - Act May 8, 1928, made section applicable to physicians of the Indian Service. 1922 - Act Aug. 24, 1922, increased educational leave allowance from 15 to 30 days. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 276 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 276. Vacant military posts or barracks for schools; detail of Army officers -STATUTE- The Secretary of the Army is authorized to set aside, for use in the establishment of normal and industrial training schools for Indian youth from the nomadic tribes having educational treaty claims upon the United States, any vacant posts or barracks, so long as they may not be required for military occupation, and to detail one or more officers of the Army for duty in connection with Indian education, under the direction of the Secretary of the Interior, at each such school so established: Provided, That moneys appropriated or to be appropriated for general purposes of education among the Indians may be expended, under the direction of the Secretary of the Interior, for the education of Indian youth at such posts, institutions, and schools as he may consider advantageous, or as Congress from time to time may authorize and provide. -SOURCE- (July 31, 1882, ch. 363, 22 Stat. 181; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions relating to real property under jurisdiction of Department of the Air Force from Secretary of the Army to Secretary of the Air Force, see Secretary of Defense Transfer Order Nos. 14 [Sec. 2(29)], eff. July 1, 1948, and 40 [App. A(53)], July 22, 1949. For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 277 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 277. Former Apache military post established as Theodore Roosevelt Indian School -STATUTE- The Secretary of the Interior is authorized to establish and maintain the former Fort Apache military post as an Indian boarding school for the purpose of carrying out treaty obligations, to be known as the Theodore Roosevelt Indian School: Provided, That the Fort Apache military post, and land appurtenant thereto, shall remain in the possession and custody of the Secretary of the Interior so long as they shall be required for Indian school purposes. -SOURCE- (Jan. 24, 1923, ch. 42, 42 Stat. 1187.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- LANDS HELD IN TRUST FOR WHITE MOUNTAIN APACHE TRIBE Pub. L. 86-392, Mar. 18, 1960, 74 Stat. 8, provided: "That all right, title, and interest of the United States in and to the lands, together with the improvements thereon, included in the former Fort Apache Military Reservation, created by Executive order of February 1, 1877, and subsequently set aside by the Act of January 24, 1923 (42 Stat. 1187) [this section], as a site for the Theodore Roosevelt School, located within the boundaries of the Fort Apache Indian Reservation, Arizona, are hereby declared to be held by the United States in trust for the White Mountain Apache Tribe, subject to the right of the Secretary of the Interior to use any part of the land and improvements for administrative or school purposes for as long as they are needed for that purpose." -End- -CITE- 25 USC Sec. 278 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 278. Repealed. Pub. L. 90-280, Sec. 1, Mar. 30, 1968, 82 Stat. 71 -MISC1- Section, acts June 7, 1897, ch. 3, Sec. 1, 30 Stat. 79; Mar. 2, 1917, ch. 146, Sec. 21, 39 Stat. 988, declared the settled policy of the Government to be opposed to the making of any appropriations whatever out of the Treasury of the United States for the education of Indian children in any sectarian school. See section 278a of this title. -End- -CITE- 25 USC Sec. 278a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 278a. Use of appropriated funds for education in sectarian schools prohibited; exceptions -STATUTE- Funds appropriated on and after March 30, 1968, to the Secretary of the Interior for the education of Indian children shall not be used for the education of such children in elementary and secondary education programs in sectarian schools. This prohibition shall not apply to the education of Indians in accredited institutions of higher education and in other accredited schools offering vocational and technical training, but no scholarship aid provided for an Indian student shall require him to attend an institution or school that is not of his own free choice, and such aid shall be, to the extent consistent with sound administration, extended to the student individually rather than to the institution or school. -SOURCE- (Pub. L. 90-280, Sec. 2, Mar. 30, 1968, 82 Stat. 71.) -End- -CITE- 25 USC Sec. 279 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 279. Rations to mission schools -STATUTE- Mission schools on an Indian reservation may, under rules and regulations prescribed by the Commissioner of Indian Affairs, receive for such Indian children duly enrolled therein, the rations of food and clothing to which said children would be entitled under treaty stipulations if such children were living with their parents. -SOURCE- (June 21, 1906, ch. 3504, 34 Stat. 326.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 280 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 280. Patents of lands to missionary boards of religious organizations -STATUTE- The Secretary of the Interior is authorized and directed to issue a patent to the duly authorized missionary board, or other proper authority, of any religious organization engaged in mission or school work on any Indian reservation for such lands thereon as were prior to September 21, 1922, set apart to and were on that date being actually and beneficially used and occupied by such organization solely for mission or school purposes, the area so patented to not exceed one hundred and sixty acres to any one organization at any station: Provided, That such patent shall provide that when no longer used for mission or school purposes said lands shall revert to the Indian owners. -SOURCE- (Sept. 21, 1922, ch. 367, Sec. 3, 42 Stat. 995.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 280a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 280a. Land in Alaska for schools or missions; general land laws -STATUTE- The Indians or persons conducting schools or missions in the Territory of Alaska shall not be disturbed in the possession of any lands actually in their use or occupation on June 6, 1900, and the land, at any station not exceeding six hundred and forty acres, occupied on said date as missionary stations among the Indian tribes in the section, with the improvements thereon erected by or for such societies, shall be continued in the occupancy of the several religious societies to which the missionary stations respectively belong, and the Secretary of the Interior is directed to have such lands surveyed in compact form as nearly as practicable and patents issued for the same to the several societies to which they belong; but nothing contained in this Act shall be construed to put in force in the Territory the general land laws of the United States. -SOURCE- (June 6, 1900, ch. 786, Sec. 27, 31 Stat. 330.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means act June 6, 1900, ch. 786, 31 Stat. 321, as amended. For complete classification of Title I of this act to the Code, see Tables. Title III of this act provided for the Alaska Civil Code. -COD- CODIFICATION Section was formerly classified to section 356 of Title 48, Territories and Insular Possessions. -MISC1- PRIOR PROVISIONS Similar provisions were contained in act May 17, 1884, ch. 53, Sec. 8, 23 Stat. 26, which provided in part that the Indians or other persons in the district should not be disturbed in the possession of any lands actually in their use or occupation or claimed by them, but reserved for future legislation the terms under which such persons might acquire title. That section contained a further provision, similar to the provision contained in this section, continuing lands occupied as missionary stations in the occupancy of the several religious societies. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73, Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 281 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 281. Children taking lands in severalty not excluded -STATUTE- In the expenditure of money appropriated for any of the purposes of education of Indian children, those children of Indians who have taken or may take lands in severalty under any existing law shall not, by reason thereof, be excluded from the benefits of such appropriation. -SOURCE- (Aug. 15, 1894, ch. 290, Sec. 1, 28 Stat. 311.) -End- -CITE- 25 USC Sec. 282 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 282. Regulations by Secretary of the Interior to secure attendance at school -STATUTE- The Secretary of the Interior is authorized to make and enforce such rules and regulations as may be necessary to secure the enrollment and regular attendance of eligible Indian children who are wards of the Government in schools maintained for their benefit by the United States or in public schools. -SOURCE- (Feb. 14, 1920, ch. 75, Sec. 1, 41 Stat. 410.) -End- -CITE- 25 USC Sec. 283 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 283. Regulations for withholding rations for nonattendance at schools -STATUTE- The Secretary of the Interior may in his discretion, establish such regulations as will prevent the issuing of rations or the furnishing of subsistence either in money or in kind to the head of any Indian family for or on account of any Indian child or children between the ages of eight and twenty-one years who shall not have attended school during the preceding year in accordance with such regulations. This provision shall not apply to reservations or part of reservations where sufficient school facilities have not been furnished nor until full notice of such regulations shall have been given to the Indians to be affected thereby. The amount and value of subsistence so withheld shall be credited to the tribe or tribes from whom the same is withheld, to be issued and paid when in the judgment of the Secretary of the Interior they shall have fully complied with such regulations. The Secretary of the Interior may in his discretion withhold rations, clothing and other annuities from Indian parents or guardians who refuse or neglect to send and keep their children of proper school age in some school a reasonable portion of the year. -SOURCE- (Mar. 3, 1893, ch. 209, Sec. 1, 27 Stat. 628, 635.) -End- -CITE- 25 USC Sec. 284 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 284. Omitted -COD- CODIFICATION Section, act July 13, 1892, ch. 164, Sec. 1, 27 Stat. 143, which related to issuance and enforcement of regulations by the Commissioner of Indian Affairs to secure attendance of Indian children at school, was omitted as obsolete in view of the enactment of section 282 of this title, which provides that the Secretary of the Interior now issue and enforce such regulations. See section 282 of this title. -End- -CITE- 25 USC Sec. 285 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 285. Withholding annuities from Osage Indians for nonattendance at schools -STATUTE- The Commissioner of Indian Affairs is authorized in his discretion to withhold any annuities or other payments due to Osage Indian minors, above six years of age, whose parents fail, neglect, or refuse to place such minors in some established school for a reasonable portion of each year and to keep such children in regular attendance thereof. The Commissioner of Indian Affairs is authorized to make such rules and regulations as may be necessary to put this provision into force and effect. -SOURCE- (June 30, 1913, ch. 4, Sec. 18, 38 Stat. 96.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 286 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 286. Sending child to school out of State without consent -STATUTE- No Indian child shall be sent from any Indian reservation to a school beyond the State or Territory in which said reservation is situated without the voluntary consent of the father or mother of such child if either of them is living, and if neither of them is living without the voluntary consent of the next of kin of such child. Such consent shall be made before the agent of the reservation, and he shall send to the Commissioner of Indian Affairs his certificate that such consent has been voluntarily given before such child shall be removed from such reservation. And it shall be unlawful for any Indian agent or other employee of the Government to induce, or seek to induce, by withholding rations or by other improper means, the parents or next of kin of any Indian to consent to the removal of any Indian child beyond the limits of any reservation. -SOURCE- (Aug. 15, 1894, ch. 290, Sec. 11, 28 Stat. 313; Mar. 2, 1895, ch. 188, Sec. 1, 28 Stat. 906.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 287 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 287. Taking child to school in another State without written consent -STATUTE- No Indian child shall be taken from any school in any State or Territory to a school in any other State against its will or without the written consent of its parents. -SOURCE- (June 10, 1896, ch. 398, Sec. 1, 29 Stat. 348.) -End- -CITE- 25 USC Secs. 288, 289 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Secs. 288, 289. Repealed. Pub. L. 99-228, Sec. 3(1), (2), Dec. 28, 1985, 99 Stat. 1748 -MISC1- Section 288, act Mar. 1, 1907, ch. 2285, 34 Stat. 1018, provided for admission of white children to Indian day schools. Section 289, act Mar. 3, 1909, ch. 263, 35 Stat. 783, provided for admission of white children to Indian boarding schools. See section 2007 of this title. -End- -CITE- 25 USC Sec. 290 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 290. Transportation of pupils under 14 at Government expense -STATUTE- No Indian pupil under the age of fourteen years shall be transported at Government expense to any Indian school beyond the limits of the State or Territory in which the parents of such child reside or of the adjoining State or Territory. -SOURCE- (Mar. 3, 1909, ch. 263, 35 Stat. 783.) -End- -CITE- 25 USC Sec. 290a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 290a. Bureau appropriations as not limiting transportation of school children -STATUTE- On and after October 12, 1984, no part of any appropriation to the Bureau of Indian Affairs under this or any other act shall be used to subject the transportation of school children to any limitation on travel or transportation expenditures for Federal employees. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1850.) -End- -CITE- 25 USC Sec. 291 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 291. Removal of Government property at schools -STATUTE- Where there is Government property on hand at any of the Indian reservations or schools not required for the use or benefit of the Indians of reservations or said schools, the Secretary of the Interior is authorized to move such property to other Indian reservations or schools where it may be required. -SOURCE- (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.) -End- -CITE- 25 USC Sec. 292 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 292. Suspension or discontinuance of schools -STATUTE- The Commissioner of Indian Affairs may, when in his judgment the good of the service will be promoted thereby, suspend or discontinue any reservation Indian school, and, with the approval of the Secretary of the Interior, may sell any reservation school building or plant that is no longer desirable as an Indian school upon any reservation and invest the proceeds in other school buildings and plants, as the needs of the service may demand, under such rules and regulations as he may, with the approval of the Secretary of the Interior, prescribe. -SOURCE- (Apr. 21, 1904, ch. 1402, Sec. 1, 33 Stat. 211.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 292a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 292a. Discontinuance of boarding and day schools having small attendance -STATUTE- All reservation and nonreservation boarding schools with an average attendance in any year of less than forty-five and eighty pupils, respectively, shall be discontinued on or before the beginning of the ensuing fiscal year. The pupils in schools so discontinued shall be transferred first, if possible, to Indian day schools or State public schools; second, to adjacent reservation or nonreservation boarding schools, to the limit of the capacity of said schools: Provided, That all day schools with an average attendance in any year of less then eight shall be discontinued on or before the beginning of the ensuing fiscal year: Provided further, That all moneys appropriated for any school discontinued pursuant to this section or for other cause shall be returned immediately to the Treasury of the United States. -SOURCE- (Mar. 4, 1929, ch. 705, 45 Stat. 1576.) -COD- CODIFICATION Section is from the Interior Department Appropriation Act, 1930. Similar provisions were contained in the following prior appropriation acts: Mar. 7, 1928, ch. 137, 45 Stat. 215. Jan. 12, 1927, ch. 27, 44 Stat. 947. May 10, 1926, ch. 277, 44 Stat. 468. Mar. 3, 1925, ch. 462, 43 Stat. 1155. June 5, 1924, ch. 264, 43 Stat. 404. Jan. 24, 1923, ch. 42, 42 Stat. 1182. May 24, 1922, ch. 199, 42 Stat. 562. Mar. 3, 1921, ch. 119, 41 Stat. 1227. Feb. 14, 1920, ch. 75, 41 Stat. 410. -End- -CITE- 25 USC Sec. 292b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 292b. Establishment of single system of education in Alaska; transfer of Indian schools to State of Alaska -STATUTE- The Bureau of Indian Affairs shall not expend any other funds for the operation of any secondary education program or facility in the State of Alaska after June 30, 1983: Provided, That while consultation concerning day school transfers to the State of Alaska will continue with affected villages, local concurrence is not required in this continuing effort to establish a single system of education envisioned by the State's constitution: Provided further, That after June 30, 1984, the Bureau of Indian Affairs shall fund no more than ten day schools in Alaska: Provided further, That the Bureau of Indian Affairs shall not fund any schools in Alaska after June 30, 1985: Provided further, That $9,350,000 of such amount shall be available until expended for transfer to the State of Alaska to assist in the rehabilitation or reconstruction of Bureau-owned schools which are transferred to the State: Provided further, That the $9,350,000 appropriated in Public Law 97-394 available to the State of Alaska to assist in the rehabilitation of Bureau-owned schools which are transferred to the State may also be used for reconstruction: Provided further, That when any Alaska day school operated by contract is transferred, the State shall assume any existing contract pertaining to the operation or maintenance of such school for a minimum of two years or until the expiration of the negotiated contract, whichever comes first: Provided further, That nothing in the foregoing shall preclude assistance otherwise available under the Act of April 16, 1934 (48 Stat. 596) as amended (25 U.S.C. 452 et seq.), or any other Act to such schools on the same basis as other public schools. -SOURCE- (Pub. L. 98-63, title I, July 30, 1983, 97 Stat. 326.) -REFTEXT- REFERENCES IN TEXT Other funds, referred to in text, means funds other than the appropriation of $22,000,000 made available to the Bureau of Indian Affairs for transfer to the State of Alaska for the benefit of Alaska Native secondary students under the headings "Bureau of Indian Affairs" and "Operation of Indian Programs" of Pub. L. 98-63, title VII, July 30, 1983, 97 Stat. 326. $9,350,000 of such amount, referred to in text, means $9,350,000 of the $53,150,000 appropriated as an additional amount for the operation of Indian programs by the Bureau of Indian Affairs under the headings "Bureau of Indian Affairs" and "Operation of Indian Programs" of Pub. L. 98-63, title VII, July 30, 1983, 97 Stat. 326. Public Law 97-394, referred to in text, is Pub. L. 97-394, Dec. 30, 1982, 96 Stat. 1966. Provisions of that act relating to an appropriation of $9,350,000 available to the State of Alaska (96 Stat. 1974) are not classified to the Code. Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O'Malley Act, which is classified generally to section 452 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables. -End- -CITE- 25 USC Sec. 292c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 292c. Unavailability of appropriated funds for boarding schools -STATUTE- On and after October 12, 1984, no part of any appropriations to the Bureau of Indian Affairs under this or any other Act shall be available to continue academic and residential programs of the Chilocco, Seneca, Concho, and Fort Sill boarding schools, Oklahoma; Mount Edgecumbe boarding school, Alaska; Intermountain boarding school, Utah; and Stewart boarding school, Nevada. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I], Oct. 12, 1984, 98 Stat. 1837, 1850.) -End- -CITE- 25 USC Sec. 293 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 293. Sale of lands purchased for day school or other Indian administrative uses -STATUTE- Subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended,(!1) the Secretary of the Interior is authorized to cause to be sold, to the highest bidder, under such rules and regulations as he may prescribe any tract or part of a tract of land purchased by the United States for day school or other Indian administrative uses, not exceeding one hundred and sixty acres in any one tract, when said land or a part thereof is no longer needed for the original purpose; the proceeds therefrom in all cases to be paid into the Treasury of the United States; title to be evidenced by a patent in fee simple for such lands as can be described in terms of the legal survey, or by deed duly executed by the Secretary of the Interior containing such metes-and-bounds description as will identify the land so conveyed as the land which had been purchased: Provided, That where the purchase price was paid from tribal funds, the net proceeds shall be placed in the Treasury of the United States to the credit of the respective tribes of Indians. -SOURCE- (Mar. 2, 1917, ch. 146, Sec. 1, 39 Stat. 973; Oct. 31, 1951, ch. 654, Sec. 2(17), 65 Stat. 707.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Except for title III of the Act, which is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public Buildings, Property, and Works. -MISC1- AMENDMENTS 1951 - Act Oct. 31, 1951, inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended, at beginning of section; struck out "net" before "proceeds" in clause immediately following first semicolon; and, in proviso, substituted "the net proceeds" for "such proceeds". -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 293a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 293a. Conveyance of school properties to local school districts or public agencies -STATUTE- The Secretary of the Interior, or his authorized representative, is authorized to convey to State or local governmental agencies or to local school authorities all the right, title, and interest of the United States in any land and improvements thereon and personal property used in connection therewith heretofore or hereafter used for Federal Indian school purposes and no longer needed for such purposes: Provided, That the consent of the beneficial owner shall be obtained before the conveyance of title to land held by the United States in trust for an individual Indian or Indian tribe: Provided further, That no more than fifty acres of land shall be transferred under the terms of this section in connection with any single school property conveyed to State or local governmental agencies or to local school authorities. Any conveyance under this section shall reserve all mineral deposits in the land and the right to prospect for and remove such deposits under rules and regulations prescribed by the Secretary of the Interior, shall require the property to be used for school or other public purposes, and shall require the property to be available to Indians and non-Indians on the same terms unless otherwise approved by the Secretary of the Interior. If at any time the Secretary of the Interior determines that the grantee of any such lands, improvements, and personal property has failed to observe the provisions of the transfer agreement and that the failure has continued for at least one year, he may declare a forfeiture of the conveyance and the title conveyed shall thereupon revert to the United States. Such determination by the Secretary of the Interior shall be final. If the grantee of such land fails for a period of one year to observe the provisions of the transfer agreement and the Secretary of the Interior fails to declare a forfeiture of the conveyance, the former beneficial owner, if an individual Indian or an Indian tribe, may petition the United States District Court for the district where the land is located to declare a forfeiture of the conveyance and to vest the title in the United States, in the same trust status as previously existed. -SOURCE- (June 4, 1953, ch. 98, 67 Stat. 41; Pub. L. 85-31, May 16, 1957, 71 Stat. 29; Pub. L. 87-417, Mar. 16, 1962, 76 Stat. 33.) -MISC1- AMENDMENTS 1962 - Pub. L. 87-417 increased land conveyance limitation from twenty to fifty acres. 1957 - Pub. L. 85-31 inserted last sentence allowing the former beneficial owner, if an Indian or Indian tribe, to petition for declaration of forfeiture of conveyance where grantee has failed for period of one year to observe provisions of transfer agreement and Secretary has not declared forfeiture. -End- -CITE- 25 USC Sec. 293b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 293b. Conveyance of abandoned school properties in Alaska to local town or city officials or school authorities; reservation of rights and claims by United States and use conditions; violations and forfeiture of grant; determinations; reversion to United States -STATUTE- The Secretary of the Interior be, and he is hereby, directed to convey to local town or city officials or to school authorities in the Territory of Alaska, all the right, title, and interest of the United States in and to any parcel or tract of land and the improvements thereon for school or other public purposes whenever he shall determine that such land and improvements are no longer required by the Alaska Native Service for school purposes: Provided, That any conveyance made pursuant to this section shall be subject to all valid existing rights and claims, shall reserve to the United States all mineral deposits in the lands and the right to prospect for and remove the deposits under such rules and regulations as the Secretary of the Interior may prescribe, and shall provide that the lands and improvements conveyed shall be used for school or other public purposes only and that the school facilities maintained thereon or therein shall be available to all of the native children of the town, city, or other school district concerned on the same terms as to other children of such town, city, or district. The Secretary of the Interior, if at any time he determines that the grantee of any such lands and improvements has violated or failed to observe the foregoing provisions and that such violation or failure has continued for a period of at least one year, may declare a forfeiture of the grant. Such determination by the Secretary shall be final, and thereupon the lands and improvements covered thereby shall revert to the United States and become a part of the public domain subject to administration and disposal under the public land laws. -SOURCE- (Aug. 23, 1950, ch. 778, 64 Stat. 470.) -REFTEXT- REFERENCES IN TEXT The public land laws, referred to in text, are classified generally to Title 43, Public Lands. -MISC1- ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 294 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 294. Sale of certain abandoned buildings on lands belonging to Indian tribes -STATUTE- The Secretary of the Interior is authorized to sell and convey at public sale, to the highest bidder, under such regulations and under such terms and conditions as he may prescribe, at not less than the appraised value thereof, any abandoned day or boarding school plant, or any abandoned agency buildings, situated on lands belonging to any Indian tribe and not longer needed for Indian or administrative purposes, and to sell therewith not to exceed one hundred and sixty acres of land on which such plant or buildings may stand. Title to all lands disposed of under the provisions of this section shall pass to the purchaser by deed or by patent in fee, with such reservations or conditions as the said Secretary may deem just and proper, no purchaser to acquire more than one hundred and sixty acres in any one tract: Provided, That the proceeds of all such sales shall be deposited in the Treasury of the United States to the credit of the Indians to whom said lands belong, to be disposed of in accordance with existing law. -SOURCE- (Feb. 14, 1920, ch. 75, Sec. 1, 41 Stat. 415.) -End- -CITE- 25 USC Sec. 295 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 295. Supervision of expenditure of appropriations for school purposes -STATUTE- All expenditure of money herein or after April 30, 1908, appropriated for school purposes among the Indians, shall be at all times under the supervision and direction of the Commissioner of Indian Affairs, and in all respects in conformity with such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money as may be from time to time prescribed by him, subject to the supervision of the Secretary of the Interior. -SOURCE- (Apr. 30, 1908, ch. 153, 35 Stat. 72.) -COD- CODIFICATION Act Apr. 30, 1908, embodied restrictions as to the amount which might be expended for the annual support and education of any one pupil and specified the method for determining the number of pupils in any school entitled to the per capita allowance provided for by the act. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- SCHOOL AND EMPLOYMENT TRANSPORTATION Separate appropriations for collection and transportation of pupils to and from Indian schools, etc., with a proviso that a specified part of the amount so appropriated may be used in placing Indian youths in employment in industrial pursuits were made by the following appropriation acts: Mar. 3, 1925, ch. 462, 43 Stat. 1155. May 24, 1922, ch. 199, 42 Stat. 562. -End- -CITE- 25 USC Sec. 296 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 296. Repealed. Mar. 2, 1929, ch. 576, 45 Stat. 1534 -MISC1- Section, acts Apr. 30, 1908, ch. 153, 35 Stat. 72; June 30, 1919, ch. 4, Sec. 1, 41 Stat. 6; Feb. 21, 1925, ch. 280, 43 Stat. 958, placed a limitation on per capita expenditure for school purposes. -End- -CITE- 25 USC Sec. 297 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 297. Repealed. Pub. L. 99-228, Sec. 3(3), Dec. 28, 1985, 99 Stat. 1748 -MISC1- Section, act May 25, 1918, ch. 86, Sec. 1, 40 Stat. 564, provided for expenditures for education of children with less than one-fourth Indian blood. See section 2007 of this title. -End- -CITE- 25 USC Sec. 298 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 298. Omitted -COD- CODIFICATION Section, act July 4, 1884, ch. 180, Sec. 9, 23 Stat. 98, which required Indian agents to submit a census of the Indians at the agency in their annual report, was omitted as obsolete since there have been no Indian agents since 1908. See note set out under section 64 of this title. -End- -CITE- 25 USC Secs. 299 to 301 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Secs. 299 to 301. Repealed. May 29, 1928, ch. 901, Sec. 1, 45 Stat. 990, 991 -MISC1- Section 299, act Mar. 2, 1887, ch. 320, Sec. 1, 24 Stat. 465, related to report of expenditures of Indian education fund. Section 300, act Mar. 3, 1911, ch. 210, Sec. 1, 36 Stat. 1060, related to report of expenditures of Indian school and agency. Section 301, act Mar. 3, 1911, ch. 210, Sec. 1, 36 Stat. 1061, related to appropriations for experiments on Indian schools or agency farms. -End- -CITE- 25 USC Sec. 302 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 302. Indian Reform School; rules and regulations; consent of parents to placing youth in reform school -STATUTE- The Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, is authorized and directed to select and designate some one of the schools or other institution herein specifically provided for as an "Indian Reform School", and to make all needful rules and regulations for its conduct, and the placing of Indian youth therein: Provided, That the appropriation for collection and transportation, and so forth, of pupils, and the specific appropriation for such school so selected shall be available for its support and maintenance: Provided further, That the consent of parents, guardians, or next of kin shall not be required to place Indian youth in said school. -SOURCE- (June 21, 1906, ch. 3504, 34 Stat. 328.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 303 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 303. Omitted -COD- CODIFICATION Section, act Oct. 12, 1949, ch. 680, title I, 63 Stat. 776, which related to education loans to worthy youths, was from Department of the Interior Appropriation Act, 1950, and was not repeated in Department of the Interior Appropriation Act, 1951, act Sept. 6, 1950, ch. 896, ch. VII, title I, 64 Stat. 679. -End- -CITE- 25 USC Sec. 304 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 304. South Dakota Indians; State course of study -STATUTE- On and after July 1, 1950, the course of study taught in any school operated and maintained by the Bureau of Indian Affairs on any Indian reservation in the State of South Dakota shall, upon a majority decision of the parents of children enrolled therein voting at a meeting called for that purpose by the superintendent of the reservation, meet the minimum education requirements prescribed by the department of public instruction for the public schools of that State. -SOURCE- (Sept. 7, 1949, ch. 566, 63 Stat. 694.) -End- -CITE- 25 USC Sec. 304a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 304a. Study and investigation of Indian education in United States and Alaska; contracts; report to Congress; appropriations -STATUTE- The Secretary of the Interior (hereinafter referred to as the "Secretary"), acting through the Bureau of Indian Affairs, is authorized and directed to conduct a study and investigation of Indian education in the continental United States and Alaska, including a study and investigation of (1) the education problems of Indian children from non-English speaking homes, and (2) the possibility of establishing a more orderly, equitable, and acceptable program for transferring Indian children to public schools. The Secretary, in carrying out the provisions of this section, is authorized to enter into contracts in accordance with the provisions of the Johnson-O'Malley Act of June 4, 1936 (49 Stat. 1458; 25 U.S.C. 452). Not later than two years after funds are made available to carry out the purposes of this section, the Secretary shall submit to the Congress a complete report of the results of such study and investigation, together with such recommendations as he deems desirable. There are authorized to be appropriated such sums as may be necessary for carrying out the purposes of this section. -SOURCE- (July 14, 1956, ch. 588, 70 Stat. 531.) -REFTEXT- REFERENCES IN TEXT The Johnson-O'Malley Act of June 4, 1936, referred to in text, probably means act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended generally by act June 4, 1936, ch. 490, 49 Stat. 1458, which is classified to sections 452 to 457 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables. -COD- CODIFICATION Section is composed of sections 1 to 4 of joint resolution July 14, 1956. -MISC1- ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 304b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7 - EDUCATION OF INDIANS -HEAD- Sec. 304b. Deposits of funds of students and student activity associations in Indian schools -STATUTE- The Secretary of the Interior may authorize officials or employees of the Bureau of Indian Affairs to accept and to disburse deposits of funds of students and student activity associations in schools operated by the Bureau of Indian Affairs in accordance with the purposes of such deposits. Such deposits and disbursements shall be accounted for under rules and regulations prescribed by the Secretary of the Interior. -SOURCE- (Pub. L. 86-16, Apr. 27, 1959, 73 Stat. 20.) -End- -CITE- 25 USC CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -MISC1- Sec. 305. Indian Arts and Crafts Board; creation and composition; per diem payments. 305a. Promotion of economic welfare through development of arts and crafts; powers of Board. 305a-1. Additional powers of Board; admission fees, rent, franchise fees and other fundraising activities; volunteers; transfer of revenues into special fund. 305b. Rules and regulations; submission to Secretary of the Interior. 305c. Appropriation. 305c-1. Repealed. 305d. Referral for criminal and civil violations; complaints; recommendations. 305e. Cause of action for misrepresentation of Indian produced goods. (a) Injunctive or equitable relief; damages. (b) Punitive damages; attorney's fee. (c) Persons who may initiate civil actions. (d) Definitions. (e) Severability. (f) Regulations. 305f. Indian Arts and Crafts Board art collection. (a) Transfer of art collection and costs. (b) Retention of permanent license to use of images. 306. Expenditures for encouragement of industry and self-support; repayment. 306a. Advances for support of old, disabled, or indigent allottees; lien against land. 307, 308. Omitted. 309. Vocational training program; eligibility; contracts or agreements. 309a. Authorization of appropriations. 309b. Vocational education funds. 310. Institute of American Indian and Alaska Native Culture and Arts Development. -End- -CITE- 25 USC Sec. 305 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 305. Indian Arts and Crafts Board; creation and composition; per diem payments -STATUTE- A board is created in the Department of the Interior to be known as "Indian Arts and Crafts Board", and hereinafter referred to as the Board. The Board shall be composed of five commissioners, who shall be appointed by the Secretary of the Interior as soon as possible after August 27, 1935 and shall continue in office, two for a term of two years, one for a term of three years, and two for a term of four years from the date of their appointment, the term of each to be designated by the Secretary of the Interior, but their successors shall be appointed for a term of four years except that any person chosen to fill a vacancy shall be appointed for the unexpired term of the commissioner whom he succeeds. Both public officers and private citizens shall be eligible for membership on the Board. The Board shall elect one of the commissioners as chairman. One or two vacancies on the Board shall not impair the right of the remaining commissioners to exercise all the powers of the Board. The commissioner shall serve without compensation: Provided, That each Commissioner shall be paid per diem in lieu of subsistence and other expenses at a rate that does not exceed the rate authorized by section 5703 of title 5 to be paid to persons serving without compensation. -SOURCE- (Aug. 27, 1935, ch. 748, Sec. 1, 49 Stat. 891; Pub. L. 87-23, Sec. 1, Apr. 24, 1961, 75 Stat. 45.) -COD- CODIFICATION "Section 5703 of title 5" substituted in text for "the Act of August 2, 1946 (60 Stat. 808) as heretofore or hereafter amended (5 U.S.C. 73b-2)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 1961 - Pub. L. 87-23 substituted authorization for payment of per diem to Board members at the rate authorized for other persons serving without compensation for former provision reimbursing actual expenses, including travel expenses, subsistence and office overhead, incurred incidental to performance of duties. SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-497, Sec. 1, Nov. 9, 2000, 114 Stat. 2219, provided that: "This Act [amending section 305e of this title] may be cited as the 'Indian Arts and Crafts Enforcement Act of 2000'." SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-644, title I, Sec. 101, Nov. 29, 1990, 104 Stat. 4662, provided that: "This title [enacting sections 305d and 305e of this title, amending section 305a of this title and sections 1158 and 1159 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 305e of this title] may be cited as the 'Indian Arts and Crafts Act of 1990'." -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 305a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 305a. Promotion of economic welfare through development of arts and crafts; powers of Board -STATUTE- It shall be the function and the duty of the Secretary of the Interior through the Board to promote the economic welfare of the Indian tribes and Indian individuals through the development of Indian arts and crafts and the expansion of the market for the products of Indian art and craftsmanship. In the execution of this function the Board shall have the following powers: (a) To undertake market research to determine the best opportunity for the sale of various products; (b) to engage in technical research and give technical advice and assistance; (c) to engage in experimentation directly or through selected agencies; (d) to correlate and encourage the activities of the various governmental and private agencies in the field; (e) to offer assistance in the management of operating groups for the furtherance of specific projects; (f) to make recommendations to appropriate agencies for loans in furtherance of the production and sale of Indian products; (g)(1) to create for the Board, or for an individual Indian or Indian tribe or Indian arts and crafts organization, trademarks of genuineness and quality for Indian products and the products of an individual Indian or particular Indian tribe or Indian arts and crafts organization; (2) to establish standards and regulations for the use of Government-owned trademarks by corporations, associations, or individuals, and to charge for such use under such licenses; (3) to register any such trademark owned by the Government in the United States Patent and Trademark Office without charge and assign it and the goodwill associated with it to an individual Indian or Indian tribe without charge; and (4) to pursue or defend in the courts any appeal or proceeding with respect to any final determination of that office; (h) to employ executive officers, including a general manager, and such other permanent and temporary personnel as may be found necessary, and prescribe the authorities, duties, responsibilities, and tenure and fix the compensation of such officers and other employees: Provided, That chapter 51 and subchapter III of chapter 53 of title 5 shall be applicable to all permanent employees and that all employees shall be appointed in accordance with the civil-service laws from lists of eligibles to be supplied by the Director of the Office of Personnel Management; (i) as a Government agency to negotiate and execute in its own name contracts with operating groups to supply management, personnel, and supervision at cost, and to negotiate and execute in its own name such other contracts and to carry on such other business as may be necessary for the accomplishment of the duties and purposes of the Board: Provided, That nothing in the foregoing enumeration of powers shall be construed to authorize the Board to borrow or lend money or to deal in Indian goods. For the purposes of this section, the term "Indian arts and crafts organization" means any legally established arts and crafts marketing organization composed of members of Indian tribes. -SOURCE- (Aug. 27, 1935, ch. 748, Sec. 2, 49 Stat. 891; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784; Pub. L. 101-644, title I, Sec. 102, Nov. 29, 1990, 104 Stat. 4662.) -REFTEXT- REFERENCES IN TEXT The civil-service laws, referred to in text, are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -COD- CODIFICATION The proviso in clause (h) originally provided that the Classification Act of 1923, as amended, shall be applicable to all permanent employees except executive officers, and that all employees other than executive officers shall be appointed in accordance with the civil-service laws from lists of eligibles to be supplied by the Civil Service Commission. The exception of "executive officers" has been omitted as obsolete and superseded. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act. While section 1106(a) of the 1949 Act provided that references in other laws to the 1923 Act should be held and considered to mean the 1949 Act, it did not have the effect of continuing the exception in clause (h) because of section 1106(b) which provided that the application of the 1949 Act to any position, officers, or employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632 (of which section 1 revised and enacted Title 5, Government Organization and Employees, into law). Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees. Such appointments are subject to the civil service laws unless specifically excepted by such laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, Sec. 1, 54 Stat. 1211, which covered most excepted positions into the classified (competitive) civil service. The Order is set out as a note under section 3301 of Title 5. "Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "the Classification Act of 1949, as amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5. -MISC1- AMENDMENTS 1990 - Pub. L. 101-644, Sec. 102(1), in first sentence, substituted "the Secretary of the Interior through the Board" for "the Board" and "Indian individuals" for "the Indian wards of the Government". Pub. L. 101-644, Sec. 102(2), in second sentence, amended cl. (g) generally. Prior to amendment, cl. (g) read as follows: "to create Government trade marks of genuineness and quality for Indian products and the products of particular Indian tribes or groups; to establish standards and regulations for the use of such trade marks; to license corporations, associations, or individuals to use them; and to charge a fee for their use; to register them in the United States Patent Office without charge;". Pub. L. 101-644, Sec. 102(3), inserted sentence at end defining "Indian arts and crafts organization". 1949 - Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923". REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. -TRANS- TRANSFER OF FUNCTIONS "Director of the Office of Personnel Management" substituted for "Civil Service Commission" in cl. (h), pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4302 of this title; title 18 section 1158. -End- -CITE- 25 USC Sec. 305a-1 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 305a-1. Additional powers of Board; admission fees, rent, franchise fees and other fundraising activities; volunteers; transfer of revenues into special fund -STATUTE- In fiscal year 1997 and thereafter, the Indian Arts and Crafts Board may charge admission fees at its museums; charge rent and/or franchise fees for shops located in its museums; publish and sell publications; sell or rent or license use of photographs or other images in hard copy or other forms; license the use of designs, in whole or in part, by others; charge for consulting services provided to others; and may accept the services of volunteers to carry out its mission: Provided, That all revenue derived from such activities is covered into the special fund established by section 305c of this title. -SOURCE- (Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I, Sec. 118], Sept. 30, 1996, 110 Stat. 3009-181, 3009-202.) -End- -CITE- 25 USC Sec. 305b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 305b. Rules and regulations; submission to Secretary of the Interior -STATUTE- The Board shall prescribe from time to time rules and regulations governing the conduct of its business and containing such provisions as it may deem appropriate for the effective execution and administration of the powers conferred upon it by this Act: Provided, That before prescribing any procedure for the disbursement of money the Board shall advise and consult with the General Accounting Office: Provided further, That all rules and regulations proposed by the Board shall be submitted to the Secretary of the Interior and shall become effective upon his approval. -SOURCE- (Aug. 27, 1935, ch. 748, Sec. 3, 49 Stat. 892.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act Aug. 27, 1935, ch. 748, 49 Stat. 891, as amended, which is classified generally to section 305 et seq. of this title. For complete classification of this Act to the Code, see Tables. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Disbursement functions of all Government agencies, except Departments of the Army, Navy, and Air Force and Panama Canal, transferred to Division of Disbursements, Department of the Treasury, by Ex. Ord. No. 6166, Sec. 4, June 10, 1933, and Ex. Ord. No. 6728, May 29, 1934. Division subsequently consolidated with other agencies into the Fiscal Service in Department of the Treasury by Reorg. Plan No. III of 1940, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231. See section 306 of Title 31, Money and Finance. -End- -CITE- 25 USC Sec. 305c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 305c. Appropriation -STATUTE- There is authorized to be appropriated out of any sums in the Treasury not otherwise appropriated such sums as may be necessary to defray the expenses of the Board and carry out the purposes and provisions of this Act. All income derived by the Board from any source shall be covered into the Treasury of the United States and shall constitute a special fund which is appropriated and made available until expended for carrying out the purposes and provisions of this Act. Out of the funds available to it at any time the Board may authorize such expenditures, consistent with the provisions of this Act, as it may determine to be necessary for the accomplishment of the purposes and objectives of this Act. -SOURCE- (Aug. 27, 1935, ch. 748, Sec. 4, 49 Stat. 892.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act Aug. 27, 1935, ch. 748, 49 Stat. 891, as amended, which is classified generally to section 305 et seq. of this title. For complete classification of this Act to the Code, see Tables. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 305a-1 of this title. -End- -CITE- 25 USC Sec. 305c-1 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 305c-1. Repealed. Pub. L. 87-23, Sec. 2, Apr. 24, 1961, 75 Stat. 45 -MISC1- Section, act May 10, 1939, ch. 119, Sec. 1, 53 Stat. 699, provided for a limitation of $10 per diem in lieu of subsistence on amount that may be paid to members of the Indian Arts and Crafts Board. See section 305 of this title. -End- -CITE- 25 USC Sec. 305d 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 305d. Referral for criminal and civil violations; complaints; recommendations -STATUTE- (a) The Board may receive complaints of violations of section 1159 of title 18 and refer complaints of such violations to the Federal Bureau of Investigation for appropriate investigation. After reviewing the investigation report, the Board may recommend to the Attorney General of the United States that criminal proceedings be instituted under that section. (b) The Board may recommend that the Secretary of the Interior refer the matter to the Attorney General for civil action under section 305e of this title. -SOURCE- (Aug. 27, 1935, ch. 748, Sec. 5, as added Pub. L. 101-644, title I, Sec. 103, Nov. 29, 1990, 104 Stat. 4662.) -MISC1- PRIOR PROVISIONS A prior section, act Aug. 27, 1935, ch. 748, Sec. 5, 49 Stat. 892, related to counterfeiting of a trade mark and penalty, prior to repeal by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, effective Sept. 1, 1948. See section 1158 of Title 18, Crimes and Criminal Procedure. -End- -CITE- 25 USC Sec. 305e 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 305e. Cause of action for misrepresentation of Indian produced goods -STATUTE- (a) Injunctive or equitable relief; damages A person specified in subsection (c) of this section may, in a civil action in a court of competent jurisdiction, bring an action against a person who, directly or indirectly, offers or displays for sale or sells a good, with or without a Government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States, to - (1) obtain injunctive or other equitable relief; and (2) recover the greater of - (A) treble damages; or (B) in the case of each aggrieved individual Indian, Indian tribe, or Indian arts and crafts organization, not less than $1,000 for each day on which the offer or display for sale or sale continues. For purposes of paragraph (2)(A), damages shall include any and all gross profits accrued by the defendant as a result of the activities found to violate this subsection. (b) Punitive damages; attorney's fee In addition to the relief specified in subsection (a) of this section, the court may award punitive damages and the costs of suit and a reasonable attorney's fee. (c) Persons who may initiate civil actions (1) A civil action under subsection (a) of this section may be commenced - (A) by the Attorney General of the United States upon request of the Secretary of the Interior on behalf of an Indian who is a member of an Indian tribe or on behalf of an Indian tribe or Indian arts and crafts organization; (B) by an Indian tribe on behalf of itself, an Indian who is a member of the tribe, or on behalf of an Indian arts and crafts organization; or (C) by an Indian arts and crafts organization on behalf of itself, or by an Indian on behalf of himself or herself. (2) Any amount recovered pursuant to this section shall be paid to the individual Indian, Indian tribe, or Indian arts and crafts organization, except that - (A) in the case of paragraph (1)(A), the Attorney General may deduct from the amount recovered - (i) the amount for the costs of suit and reasonable attorney's fees awarded pursuant to subsection (b) of this section and deposit the amount of such costs and fees as a reimbursement credited to appropriations currently available to the Attorney General at the time of receipt of the amount recovered; and (ii) the amount for the costs of investigation awarded pursuant to subsection (b) of this section and reimburse the Board the amount of such costs incurred as a direct result of Board activities in the suit; and (B) in the case of paragraph (1)(B), the amount recovered for the costs of suit and reasonable attorney's fees pursuant to subsection (b) of this section may be deducted from the total amount awarded under subsection (a)(2) of this section. (d) Definitions As used in this section - (1) the term "Indian" means any individual who is a member of an Indian tribe; or for the purposes of this section is certified as an Indian artisan by an Indian tribe; (2) subject to subsection (f) of this section, the terms "Indian product" and "product of a particular Indian tribe or Indian arts and crafts organization" has the meaning given such term (!1) in regulations which may be promulgated by the Secretary of the Interior; (3) the term "Indian tribe" means - (A) any Indian tribe, band, nation, Alaska Native village, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or (B) any Indian group that has been formally recognized as an Indian tribe by a State legislature or by a State commission or similar organization legislatively vested with State tribal recognition authority; and (4) the term "Indian arts and crafts organization" means any legally established arts and crafts marketing organization composed of members of Indian tribes. (e) Severability In the event that any provision of this section is held invalid, it is the intent of Congress that the remaining provisions of this section shall continue in full force and effect. (f) Regulations Not later than 180 days after November 9, 2000, the Board shall promulgate regulations to include in the definition of the term "Indian product" specific examples of such product to provide guidance to Indian artisans as well as to purveyors and consumers of Indian arts and crafts, as defined under this Act. -SOURCE- (Aug. 27, 1935, ch. 748, Sec. 6, as added Pub. L. 101-644, title I, Sec. 105, Nov. 29, 1990, 104 Stat. 4664; amended Pub. L. 106-497, Sec. 2, Nov. 9, 2000, 114 Stat. 2219.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (f), is act Aug. 27, 1935, ch. 748, 49 Stat. 891, as amended, which is classified generally to section 305 et seq. of this title. For complete classification of this Act to the Code, see Tables. -MISC1- PRIOR PROVISIONS A prior section, act Aug. 27, 1935, ch. 748, Sec. 6, 49 Stat. 893, related to offering for sale without trade mark goods as Indian goods, prior to repeal by acts June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862; June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, effective Sept. 1, 1948. See section 1159 of Title 18, Crimes and Criminal Procedure. AMENDMENTS 2000 - Subsec. (a). Pub. L. 106-497, Sec. 2(1), inserted ", directly or indirectly," after "against a person who" in introductory provisions and inserted at end "For purposes of paragraph (2)(A), damages shall include any and all gross profits accrued by the defendant as a result of the activities found to violate this subsection." Subsec. (c)(1)(C). Pub. L. 106-497, Sec. 2(2)(A), added subpar. (C). Subsec. (c)(2)(A). Pub. L. 106-497, Sec. 2(2)(B), designated existing text as cl. (i) and added cl. (ii). Subsec. (d)(2). Pub. L. 106-497, Sec. 2(3), inserted "subject to subsection (f) of this section," before "the terms". Subsec. (f). Pub. L. 106-497, Sec. 2(4), added subsec. (f). CERTIFICATION OF INDIAN ARTISANS Section 107 of Pub. L. 101-644 provided that: "For the purposes of section 1159 of title 18, United States Code, and section 6 of the Act entitled 'An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes' (25 U.S.C. 305 et seq.) [25 U.S.C. 305e] an Indian tribe may not impose a fee in certifying an individual as an Indian artisan. For the purposes of this section, the term 'Indian tribe' has the same meaning given such term in section 1159(c)(3) of title 18, United States Code." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 305d of this title. -FOOTNOTE- (!1) So in original. Probably should be "terms". -End- -CITE- 25 USC Sec. 305f 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 305f. Indian Arts and Crafts Board art collection -STATUTE- (a) Transfer of art collection and costs Notwithstanding any other provision of law, the Secretary of the Interior is directed to transfer all right, title and interest in that portion of the Indian Arts and Crafts Board art collection maintained permanently by the Indian Arts and Crafts Board in Washington, District of Columbia, to the Secretary of the Smithsonian Institution to be a part of the collection of the National Museum of the American Indian, subject to subsection (b) of this section. Transfer of the collection and costs thereof shall be carried out in accordance with terms, conditions, and standards mutually agreed upon by the Secretary of the Interior and the Secretary of the Smithsonian Institution. (b) Retention of permanent license to use of images The Indian Arts and Crafts Board shall retain a permanent license to the use of images of the collection for promotional, economic development, educational and related nonprofit purposes. The Indian Arts and Crafts Board shall not be required to pay any royalty or fee for such license. -SOURCE- (Aug. 27, 1935, ch. 748, Sec. 7, as added Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 356(a)], Oct. 21, 1998, 112 Stat. 2681-231, 2681-304.) -End- -CITE- 25 USC Sec. 306 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 306. Expenditures for encouragement of industry and self-support; repayment -STATUTE- On and after May 9, 1938, the expenditures for the purpose of encouraging industry and self-support among the Indians and to aid them in the culture of fruits, grains, and other crops shall be under conditions to be prescribed by the Secretary of the Interior for repayment to the United States on or before the expiration of five years, except in the case of loans on irrigable lands for permanent improvement of said lands, in which the period for repayment may run for nor exceeding twenty years, in the discretion of the Secretary of the Interior. -SOURCE- (May 9, 1938, ch. 187, Sec. 1, 52 Stat. 302.) -End- -CITE- 25 USC Sec. 306a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 306a. Advances for support of old, disabled, or indigent allottees; lien against land -STATUTE- On and after May 9, 1938, the Secretary of the Interior is authorized, in his discretion and under such rules and regulations as he may prescribe, to make advances to old, disabled, or indigent Indian allottees, for their support, to remain a charge and lien against their land until paid; such advances for the fiscal year 1939 to be made from the appropriations in this paragraph and those for fiscal years thereafter to be made from appropriations specifically available for such purposes. -SOURCE- (May 9, 1938, ch. 187, Sec. 1, 52 Stat. 302.) -REFTEXT- REFERENCES IN TEXT This paragraph, referred to in text, means the first undesignated paragraph contained at 52 Stat. 302, and the appropriations for advances for the fiscal year 1939, referred to in text, were contained in such part of the undesignated paragraph which was not classified to the Code. -End- -CITE- 25 USC Secs. 307, 308 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Secs. 307, 308. Omitted -COD- CODIFICATION Section 307, acts Mar. 17, 1949, ch. 22, Sec. 1, 63 Stat. 14; June 30, 1949, ch. 288, title I, Sec. 105, 63 Stat. 381, directed Administrator of General Services to transfer to Secretary of the Interior property known as Bushnell General Hospital, Brigham City, Utah, for use of Bureau of Indian Affairs as a vocational school for children and housing and training center for adults. Pub. L. 98-401, Aug. 27, 1984, 98 Stat. 1477, provided that when the Secretary ceases to use the property for school purposes, he shall publish the legal description of the property in the Federal Register and convey the property without consideration to Brigham City, Utah. The property was conveyed and notice was published in 50 F.R. 1636, Jan. 11, 1985. Section 308, act Mar. 17, 1949, ch. 22, Sec. 2, 63 Stat. 14, directed Secretary of the Interior to take over the property as soon as Congress appropriated funds for alterations, maintenance, and operation. -End- -CITE- 25 USC Sec. 309 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 309. Vocational training program; eligibility; contracts or agreements -STATUTE- In order to help adult Indians who reside on or near Indian reservations to obtain reasonable and satisfactory employment, the Secretary of the Interior is authorized to undertake a program of vocational training that provides for vocational counseling or guidance, institutional training in any recognized vocation or trade, apprenticeship, and on the job training, for periods that do not exceed twenty-four months, and, for nurses' training, for periods that do not exceed thirty-six months, transportation to the place of training, and subsistence during the course of training. The program shall be available primarily to Indians who are not less than eighteen and not more than thirty-five years of age and who reside on or near an Indian reservation, and the program shall be conducted under such rules and regulations as the Secretary may prescribe. For the purposes of this program the Secretary is authorized to enter into contracts or agreements with any Federal, State, or local governmental agency, or with any private school which has a recognized reputation in the field of vocational education and has successfully obtained employment for its graduates in their respective fields of training, or with any corporation or association which has an existing apprenticeship or on-the-job training program which is recognized by industry and labor as leading to skilled employment, or with any school of nursing offering a three-year course of study leading to a diploma in nursing which is accredited by a recognized body or bodies approved for such purpose by the Secretary. -SOURCE- (Aug. 3, 1956, ch. 930, Sec. 1, 70 Stat. 986; Pub. L. 88-230, Sec. 1(a), Dec. 23, 1963, 77 Stat. 471.) -MISC1- AMENDMENTS 1963 - Pub. L. 88-230 authorized Secretary of the Interior to undertake a program for nurses' training for periods not exceeding 36 months and to enter into contracts with accredited schools of nursing offering a 3-year course of study leading to a diploma in nursing. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13e, 309a of this title. -End- -CITE- 25 USC Sec. 309a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 309a. Authorization of appropriations -STATUTE- There is authorized to be appropriated for the purposes of sections 309 and 309a of this title the sum of $25,000,000 for each fiscal year, and not to exceed $1,500,000 of such sum shall be available for administrative purposes. -SOURCE- (Aug. 3, 1956, ch. 930, Sec. 2, 70 Stat. 986; Pub. L. 87-273, Sept. 22, 1961, 75 Stat. 571; Pub. L. 88-230, Sec. 1(b), Dec. 23, 1963, 77 Stat. 471; Pub. L. 89-14, Apr. 22, 1965, 79 Stat. 74; Pub. L. 90-252, Feb. 3, 1968, 82 Stat. 4.) -MISC1- AMENDMENTS 1968 - Pub. L. 90-252 increased appropriation from $15,000,000 to $25,000,000. 1965 - Pub. L. 89-14 increased appropriation from $12,000,000 to $15,000,000. 1963 - Pub. L. 88-230 increased appropriation from $7,500,000 to $12,000,000 and amount available for administrative purposes from $1,000,000 to $1,500,000. 1961 - Pub. L. 87-273 increased appropriation to $7,500,000 and amount available for administrative purposes to $1,000,000. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 13e of this title. -End- -CITE- 25 USC Sec. 309b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 309b. Vocational education funds -STATUTE- Notwithstanding any other provision of law, funds provided by the Bureau for adult vocational education to any vocational school (as defined for purposes of any program of assistance to students under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]) may be treated as non-Federal, private funds of such school for purposes of any provision of Federal law which requires that non-Federal or private funds of such school be used in a project or for a specific purpose. -SOURCE- (Pub. L. 100-297, title V, Sec. 5403(c), Apr. 28, 1988, 102 Stat. 416.) -REFTEXT- REFERENCES IN TEXT The Higher Education Act of 1965, referred to in text, is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is classified principally to chapter 28 (Sec. 1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. -MISC1- EFFECTIVE DATE For effective date and applicability of section, see section 6303 of Pub. L. 100-297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education. -End- -CITE- 25 USC Sec. 310 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE -HEAD- Sec. 310. Institute of American Indian and Alaska Native Culture and Arts Development -STATUTE- (a)(1) To the extent of the availability of funds for such purpose, the Secretary of the Interior shall: (A) enter into a thirty-year agreement with the College of Santa Fe, Santa Fe, New Mexico, to provide educational facilities for the use of, and to develop cooperative educational/arts programs to be carried out with the postsecondary fine arts and museum services programs of, the Institute of American Indian and Alaska Native Culture and Arts Development administered by the Bureau of Indian Affairs; and (B) conduct such activities as are necessary to improve the facilities used by the Institute of American Indian and Alaska Native Culture and Arts Development at the College of Santa Fe. (2) The provisions of this subsection shall take effect on October 1, 1984. (b)(1) The Secretary of the Interior, acting through the Bureau of Indian Affairs, is directed to conduct a study for the purpose of determining the need, if any, for a museum facility to be established for the benefit of the Institute of American Indian and Alaska Native Culture and Arts Development, the feasibility of establishing such museum, and the need or desirability, if any, to establish any such museum in close proximity to the facilities currently being used by such Institute at the College of Santa Fe. (2) On or before February 1, 1985, the Secretary of the Interior shall report the results of such study, together with his recommendations, to the Congress. (3) Should the study recommend establishment of a museum, and should the College of Santa Fe be selected as the best site, any agreement entered into by the Secretary of the Interior for construction of such museum shall contain assurances, satisfactory to the Secretary, that appropriate lands at the College of Santa Fe will be available at no cost to the Federal Government for the establishment of a museum facility. -SOURCE- (Pub. L. 98-306, Sec. 14, May 31, 1984, 98 Stat. 226; Pub. L. 99-498, title XV, Sec. 1514(c), Oct. 17, 1986, 100 Stat. 1608.) -MISC1- AMENDMENTS 1986 - Subsecs. (a)(1), (b)(1). Pub. L. 99-498 substituted "Institute of American Indian and Alaska Native Culture and Arts Development" for "Institute of American Indian Arts" wherever appearing. EFFECTIVE DATE OF 1986 AMENDMENT Section 1514(f) of Pub. L. 99-498 provided that amendment made by Pub. L. 99-498 is effective Oct. 1, 1986. -End- -CITE- 25 USC CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -MISC1- Sec. 311. Opening highways. 312. Rights-of-way for railway, telegraph, and telephone lines; town-site stations. 313. Width of rights-of-way. 314. Survey; maps; compensation. 315. Time for completion of road; forfeiture. 316. Rights of several roads through canyons. 317. Regulations. 318. Amendment or repeal of sections. 318a. Roads on Indian reservations; appropriation. 318b. Repealed. 319. Rights-of-way for telephone and telegraph lines. 320. Acquisition of lands for reservoirs or materials. 321. Rights-of-way for pipe lines. 322. Applicability of certain provisions to Pueblo Indians. 322a. Renewal of rights-of-way without consent of Pueblo Tribes; authority of Secretary; compensation, etc. 323. Rights-of-way for all purposes across any Indian lands. 324. Consent of certain tribes; consent of individual Indians. 325. Payment and disposition of compensation. 326. Laws unaffected. 327. Application for grant by department or agency. 328. Rules and regulations. -End- -CITE- 25 USC Sec. 311 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 311. Opening highways -STATUTE- The Secretary of the Interior is authorized to grant permission, upon compliance with such requirements as he may deem necessary, to the proper State or local authorities for the opening and establishment of public highways, in accordance with the laws of the State or Territory in which the lands are situated, through any Indian reservation or through any lands which have been allotted in severalty to any individual Indian under any laws or treaties but which have not been conveyed to the allottee with full power of alienation. -SOURCE- (Mar. 3, 1901, ch. 832, Sec. 4, 31 Stat. 1084.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 322 of this title. -End- -CITE- 25 USC Sec. 312 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 312. Rights-of-way for railway, telegraph, and telephone lines; town-site stations -STATUTE- A right of way for a railway, telegraph, and telephone line through any Indian reservation in any State or Territory, except Oklahoma, or through any lands reserved for an Indian agency or for other purposes in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, is granted to any railroad company organized under the laws of the United States, or of any State or Territory, which shall comply with the provisions of sections 312 to 318 of this title and such rules and regulations as may be prescribed thereunder: Provided, That no right of way shall be granted under said sections until the Secretary of the Interior is satisfied that the company applying has made said application in good faith and with intent and ability to construct said road, and in case objection to the granting of such right of way shall be made, said Secretary shall afford the parties so objecting a full opportunity to be heard: Provided further, That where a railroad has heretofore been constructed, or is in actual course of construction, no parallel right of way within ten miles on either side shall be granted by the Secretary of the Interior unless, in his opinion, public interest will be promoted thereby: Provided, also, That as a condition precedent to each and every grant of a right of way under authority of said sections, each and every railway company applying for such grant shall stipulate that it will construct and permanently maintain suitable passenger and freight stations for the convenience of each and every town site established by the Government along said right of way. -SOURCE- (Mar. 2, 1899, ch. 374, Sec. 1, 30 Stat. 990; Feb. 28, 1902, ch. 134, Sec. 23, 32 Stat. 50; June 25, 1910, ch. 431, Sec. 16, 36 Stat. 859.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 314, 316, 317, 318, 322, 353, 406, 564h, 697, 747, 797, 843 of this title. -End- -CITE- 25 USC Sec. 313 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 313. Width of rights-of-way -STATUTE- Such right of way shall not exceed fifty feet in width on each side of the center line of the road, except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the road, and may include grounds adjacent thereto for station buildings, depots, machine shops, sidetracks, turn-outs, and water stations, not to exceed two hundred feet in width by a length of three thousand feet, and not more than one station to be located within any one continuous length of ten miles of road. -SOURCE- (Mar. 2, 1899, ch. 374, Sec. 2, 30 Stat. 990; June 21, 1906, ch. 3504, 34 Stat. 330.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 312, 314, 316, 317, 318, 322 of this title. -End- -CITE- 25 USC Sec. 314 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 314. Survey; maps; compensation -STATUTE- The line of route of said road may be surveyed and located through and across any of said lands at any time, upon permission therefor being obtained from the Secretary of the Interior; but before the grant of such right of way shall become effective a map of the survey of the line or route of said road must be filed with and approved by the Secretary of the Interior, and the company must make payment to the Secretary of the Interior for the benefit of the tribe or nation, of full compensation for such right of way, including all damage to improvements and adjacent lands, which compensation shall be determined and paid under the direction of the Secretary of the Interior, in such manner as he may prescribe. Before any such railroad shall be constructed through any land, claim, or improvement, held by individual occupants or allottees in pursuance of any treaties or laws of the United States, compensation shall be made to such occupant or allottee for all property to be taken, or damage done, by reason of the construction of such railroad. In case of failure to make amicable settlement with any such occupant or allottee, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed by the Secretary of the Interior, who, before entering upon the duties of their appointment, shall take and subscribe before competent authority an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to the Secretary of the Interior. If the referees cannot agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right within sixty days after the making of the award and notice of the same, to appeal, if said land is situated in any State or Territory other than Oklahoma, to the United States district court for such State or Territory, where the case shall be tried de novo and the judgment for damages rendered by the court shall be final and conclusive. When proceedings are commenced in court as aforesaid, the railroad company shall deposit the amount of the award made by the referees with the court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railway. Each of the referees shall receive for his compensation the sum of $4 per day while engaged in the hearing of any case submitted to them under sections 312 to 318 of this title. Witnesses shall receive the fees usually allowed by courts within the district where such land is located. Costs, including compensation of the referees, shall be made part of the award or judgment, and be paid by such railroad company. -SOURCE- (Mar. 2, 1899, ch. 374, Sec. 3, 30 Stat. 991; Feb. 28, 1902, ch. 134, Sec. 23, 32 Stat. 50.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 312, 316, 317, 318, 322 of this title. -End- -CITE- 25 USC Sec. 315 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 315. Time for completion of road; forfeiture -STATUTE- If any such company shall fail to construct and put in operation one-tenth of its entire line in one year, or to complete its road within three years after the approval of its map of location by the Secretary of the Interior, the right of way granted shall be deemed forfeited and abandoned ipso facto as to that portion of the road not then constructed and in operation: Provided, That the Secretary may, when he deems proper, extend, for a period not exceeding two years, the time for the completion of any road for which right of way has been granted and a part of which shall have been built. -SOURCE- (Mar. 2, 1899, ch. 374, Sec. 4, 30 Stat. 991.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 312, 314, 316, 317, 318, 322 of this title. -End- -CITE- 25 USC Sec. 316 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 316. Rights of several roads through canyons -STATUTE- The provisions of section 935 (!1) of title 43 relating to the rights of several railroads through any canyon, pass, or defile are extended and made applicable to rights of way granted under sections 312 to 318 of this title and to railroad companies obtaining such rights of way. -SOURCE- (Mar. 2, 1899, ch. 374, Sec. 6, 30 Stat. 992.) -REFTEXT- REFERENCES IN TEXT Section 935 of title 43, referred to in text, was repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, under, and through the public lands and lands in the National Forest System. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 312, 314, 317, 318 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 317 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 317. Regulations -STATUTE- The Secretary of the Interior shall make all needful rules and regulations, not inconsistent with sections 312 to 318 of this title, for the proper execution and carrying into effect of all the provisions of said sections. -SOURCE- (Mar. 2, 1899, ch. 374, Sec. 7, 30 Stat. 992.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 312, 314, 316, 318, 322 of this title. -End- -CITE- 25 USC Sec. 318 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 318. Amendment or repeal of sections -STATUTE- Congress reserves the right at any time to alter, amend, or repeal sections 312 to 318 of this title or any portion thereof. -SOURCE- (Mar. 2, 1899, ch. 374, Sec. 8, 30 Stat. 992.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 312, 314, 316, 317, 322 of this title. -End- -CITE- 25 USC Sec. 318a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 318a. Roads on Indian reservations; appropriation -STATUTE- Appropriations are hereby authorized out of any money in the Treasury not otherwise appropriated for material, equipment, supervision and engineering, and the employment of Indian labor in the survey, improvement, construction, and maintenance of Indian reservation roads not eligible to Government aid under the Federal Highway Act and for which no other appropriation is available, under such rules and regulations as may be prescribed by the Secertary (!1) of the Interior. -SOURCE- (May 26, 1928, ch. 756, 45 Stat. 750.) -REFTEXT- REFERENCES IN TEXT The Federal Highway Act, referred to in text, is act Nov. 9, 1921, ch. 119, 42 Stat. 212, which enacted sections 1, 2, 3, 3a, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 to 20, 21, 22, 23, 24, and 25 of former Title 23, Highways, and amended sections 5 and 12a of former Title 23 and section 3 of Title 50, War and National Defense. Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 919, repealed the Federal Highway Act, with the exception of the amendment to section 3 of Title 50, as part of the general revision and reenactment of Title 23, Highways. -MISC1- APPROPRIATIONS FOR FISCAL YEARS 1950 AND 1951 Act June 29, 1948, ch. 732, Sec. 4(c), 62 Stat. 1105, authorized the appropriation of $6,000,000 for fiscal years 1950 and 1951, respectively, for the carrying out of the provisions of this section. -FOOTNOTE- (!1) So in original. Probably should be "Secretary". -End- -CITE- 25 USC Sec. 318b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 318b. Repealed. Pub. L. 85-767, Sec. 2[19], [23], Aug. 27, 1958, 72 Stat. 919 -MISC1- Section, acts June 16, 1936, ch. 582, Sec. 6, 49 Stat. 1521; Sept. 5, 1940, ch. 715, Sec. 10, 54 Stat. 870; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1949 Reorg. Plan No. 7, Sec. 1, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1070, related to location and design of roads by the Bureau of Public Roads. -End- -CITE- 25 USC Sec. 319 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 319. Rights-of-way for telephone and telegraph lines -STATUTE- The Secretary of the Interior is authorized and empowered to grant a right of way, in the nature of an easement, for the construction, operation, and maintenance of telephone and telegraph lines and offices for general telephone and telegraph business through any Indian reservation, through any lands held by an Indian tribe or nation in the former Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from the Secretary of the Interior, and the maps of definite location of the lines shall be subject to his approval. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval; and where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding $5 for each ten miles of line so constructed and maintained; and all such lines shall be constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority; and Congress hereby expressly reserves the right to regulate the tolls or charges for the transmission of messages over any lines constructed under the provisions of this section: Provided, That incorporated cities and towns into or through which such telephone or telegraphic lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities. -SOURCE- (Mar. 3, 1901, ch. 832, Sec. 3, 31 Stat. 1083.) -COD- CODIFICATION The "former Indian Territory", referred to in text, was in the original "Indian Territory", and has been designated as former Indian Territory by virtue of the admission of such former Territory and the Territory of Oklahoma to the Union as the State of Oklahoma, pursuant to act June 16, 1906, ch. 3335, 34 Stat. 267. Section is comprised of the first par. of section 3 of act Mar. 3, 1901. The second par. of such section 3 is classified to section 357 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 322 of this title. -End- -CITE- 25 USC Sec. 320 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 320. Acquisition of lands for reservoirs or materials -STATUTE- When, in the judgment of the Secretary of the Interior, it is necessary for any railway company owning or operating a line of railway in any Indian reservation to acquire lands in such Indian reservation for reservoirs, material, or ballast pits for the construction, repair, and maintenance of its railway, or for the purpose of planting and growing thereon trees to protect its line of railway, the said Secretary is authorized to grant such lands to any such railway company under such terms and conditions and such rules and regulations as may be prescribed by the said Secretary. When any railway company desiring to secure the benefits of this provision shall file with the Secretary of the Interior an application describing the lands which it desires to purchase, upon the payment of the price agreed upon the said Secretary shall cause such lands to be conveyed to the railway company applying therefor upon such terms and conditions as he may deem proper: Provided, That no lands shall be acquired under the terms of this provision in greater quantities than forty acres for any one reservoir, and one hundred and sixty acres for any material or ballast pit, to the extent of not more than one reservoir and one material or gravel pit in any one section of ten miles of any such railway in any Indian reservation: And provided further, That the lands acquired for tree planting shall be taken only at such places along the line of the railway company applying therefor as in the judgment of the said Secretary may be necessary, and shall be taken in strips adjoining and parallel with the right of way of the railway company taking the same, and shall not exceed one hundred and fifty feet in width. All moneys paid for such lands shall be deposited in the Treasury of the United States to the credit of the tribe or tribes, and the moneys received by said Secretary as damages sustained by individual members of the Indian tribe, which damages shall be ascertained by the Secretary of the Interior and paid by the railway company taking such lands, shall be paid by said Secretary to the Indian or Indians sustaining such damages. The provisions of this section are extended and made applicable to any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation; the damages and compensation to be paid to any Indian allottee shall be ascertained and fixed in such manner as the Secretary of the Interior may direct and shall be paid by the railway company to said Secretary; the damages and compensation paid to the Secretary of the Interior by the railway company taking any such land shall be paid by said Secretary to the allottee sustaining such damages. -SOURCE- (Mar. 3, 1909, ch. 263, 35 Stat. 781, 782; May 6, 1910, ch. 204, 36 Stat. 349.) -End- -CITE- 25 USC Sec. 321 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 321. Rights-of-way for pipe lines -STATUTE- The Secretary of the Interior is authorized and empowered to grant a right-of-way in the nature of an easement for the construction, operation, and maintenance of pipe lines for the conveyance of oil and gas through any Indian reservation, through any lands held by an Indian tribe or nation in the former Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian Service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation upon the terms and conditions herein expressed. Before title to rights of way applied for hereunder shall vest, maps of definite location shall be filed with and approved by the Secretary of the Interior: Provided, That before such approval the Secretary of the Interior may, under such rules and regulations as he may prescribe, grant temporary permits revocable in his discretion for the construction of such lines: Provided, That the construction of lateral lines from the main pipe line establishing connection with oil and gas wells on the individual allotments of citizens may be constructed without securing authority from the Secretary of the Interior and without filing maps of definite location, when the consent of the allottee upon whose lands oil or gas wells may be located and of all other allottees through whose lands said lateral pipe lines may pass has been obtained by the pipe-line company: Provided further, That in case it is desired to run a pipe line under the line of any railroad, and satisfactory arrangements cannot be made with the railroad company, then the question shall be referred to the Secretary of the Interior, who shall prescribe the terms and conditions under which the pipe-line company shall be permitted to lay its lines under said railroad. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval. And where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding $5 for each ten miles of line so constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority. And incorporated cities and towns into and through which such pipe lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities, and nothing herein shall authorize the use of such right of way except for pipe line, and then only so far as may be necessary for its construction, maintenance, and care: Provided, That the rights herein granted shall not extend beyond a period of twenty years: Provided further, That the Secretary of the Interior, at the expiration of said twenty years, may extend the right to maintain any pipe line constructed under this section for another period not to exceed twenty years from the expiration of the first right, upon such terms and conditions as he may deem proper. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Mar. 11, 1904, ch. 505, Secs. 1, 2, 33 Stat. 65; Mar. 2, 1917, ch. 146, Sec. 1, 39 Stat. 973.) -COD- CODIFICATION The "former Indian Territory", referred to in text, was in the original "Indian Territory", and has been designated as former Indian Territory by virtue of the admission of such former Territory and the Territory of Oklahoma to the Union as the State of Oklahoma, pursuant to act June 16, 1906, ch. 3335, 34 Stat. 267. -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior relating to compliance with rights-of-way across Indian lands, issued under section 321 et seq. of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Government Organization and Employees, effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101, June 21, 1979, 44 F.R. 36927, set out as a note under section 719e of Title 15, Commerce and Trade. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 322 of this title. -End- -CITE- 25 USC Sec. 322 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 322. Applicability of certain provisions to Pueblo Indians -STATUTE- The provisions of the following statutes: Sections 311, 319, and 357 of this title; Sections 312 to 318 of this title; Section 321 of this title; and Sections 323 to 328 of this title, are extended over and made applicable to the Pueblo Indians of New Mexico and their lands, whether owned by the Pueblo Indians or held in trust or set aside for their use and occupancy by Executive order or otherwise, under such rules, regulations, and conditions as the Secretary of the Interior may prescribe. -SOURCE- (Apr. 21, 1928, ch. 400, Sec. 1, 45 Stat. 442; Pub. L. 94-416, Sec. 3, Sept. 17, 1976, 90 Stat. 1275.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-416 inserted reference to sections 323 to 328 and 357 of this title with respect to the enumeration of statutes, struck out reference to section 935 of title 43 with respect to the enumeration of statutes, and inserted "whether owned by the Pueblo Indians or held in trust or set aside for their use and occupancy by Executive order or otherwise," after "New Mexico and their lands". -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior relating to compliance with rights-of-way across Indian lands, issued under section 321 et seq. of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Government Organization and Employees, effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101, June 21, 1979, 44 F.R. 36927, set out as a note under section 719e of Title 15, Commerce and Trade. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15. -End- -CITE- 25 USC Sec. 322a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 322a. Renewal of rights-of-way without consent of Pueblo Tribes; authority of Secretary; compensation, etc. -STATUTE- Notwithstanding such provisions, the Secretary of the Interior may, without the consent of the affected Pueblo Tribes, grant one renewal for a period not to exceed ten years of any right-of-way acquired through litigation initiated under the Act of May 10, 1926 (44 Stat. 498), or by compromise and settlement in such litigation, prior to January 1, 1975. The Secretary shall require, as compensation for the Pueblo involved, the fair market value, as determined by the Secretary, of the grant of such renewal. The Secretary may grant such right-of-way renewal under this section only in the event the owner of such existing right-of-way and the Pueblo Tribe involved cannot reach agreement on renewal within ninety days after such renewal is requested. Nothing in this section shall be deemed to validate or authorize the renewal of a right-of-way which is otherwise invalid by reason of the invalidity of the Act of May 10, 1926, on the date said right-of-way was originally obtained. -SOURCE- (Apr. 21, 1928, ch. 400, Sec. 2, as added Pub. L. 94-416, Sec. 3, Sept. 17, 1976, 90 Stat. 1275.) -REFTEXT- REFERENCES IN TEXT Notwithstanding such provisions, referred to in text, means the provisions referred to in section 322 of this title. Act of May 10, 1926, referred to in text, is act May 10, 1926, ch. 282, 44 Stat. 498, which was not classified to the Code. -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior relating to compliance with rights-of-way across Indian lands, issued under section 321 et seq. of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Government Organization and Employees, effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101, June 21, 1979, 44 F.R. 36927, set out as a note under section 719e of Title 15, Commerce and Trade. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15. -End- -CITE- 25 USC Sec. 323 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 323. Rights-of-way for all purposes across any Indian lands -STATUTE- The Secretary of the Interior be, and he is empowered to grant rights-of-way for all purposes, subject to such conditions as he may prescribe, over and across any lands now or hereafter held in trust by the United States for individual Indians or Indian tribes, communities, bands, or nations, or any lands now or hereafter owned, subject to restrictions against alienation, by individual Indians or Indian tribes, communities, bands, or nations, including the lands belonging to the Pueblo Indians in New Mexico, and any other lands heretofore or hereafter acquired or set aside for the use and benefit of the Indians. -SOURCE- (Feb. 5, 1948, ch. 45, Sec. 1, 62 Stat. 17.) -MISC1- EFFECTIVE DATE Section 7 of act Feb. 5, 1948, provided that sections 323 to 328 should not become operative until 30 days after Feb. 5, 1948. -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior relating to compliance with rights-of-way across Indian lands, issued under section 321 et seq. of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Government Organization and Employees, effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101, June 21, 1979, 44 F.R. 36927, set out as a note under section 719e of Title 15, Commerce and Trade. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 322, 326, 327, 328, 1724 of this title; title 43 section 421c. -End- -CITE- 25 USC Sec. 324 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 324. Consent of certain tribes; consent of individual Indians -STATUTE- No grant of a right-of-way over and across any lands belonging to a tribe organized under the Act of June 18, 1934 (48 Stat. 984), as amended [25 U.S.C. 461 et seq.]; the Act of May 1, 1936 (49 Stat. 1250) [25 U.S.C. 473a, 496]; or the Act of June 26, 1936 (49 Stat. 1967) [25 U.S.C. 501 et seq.], shall be made without the consent of the proper tribal officials. Rights-of-way over and across lands of individual Indians may be granted without the consent of the individual Indian owners if (1) the land is owned by more than one person, and the owners or owner of a majority of the interests therein consent to the grant; (2) the whereabouts of the owner of the land or an interest therein are unknown, and the owners or owner of any interests therein whose whereabouts are known, or a majority thereof, consent to the grant; (3) the heirs or devisees of a deceased owner of the land or an interest therein have not been determined, and the Secretary of the Interior finds that the grant will cause no substantial injury to the land or any owner thereof; or (4) the owners of interests in the land are so numerous that the Secretary finds it would be impracticable to obtain their consent, and also finds that the grant will cause no substantial injury to the land or any owner thereof. -SOURCE- (Feb. 5, 1948, ch. 45, Sec. 2, 62 Stat. 18.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (Sec. 461 et seq.) of chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. Section 496 of this title, referred to in text, was repealed by Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792. Act of June 26, 1936, referred to in text, popularly known as the Oklahoma Welfare Act, is classified generally to subchapter VIII (Sec. 501 et seq.) of chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 501 of this title and Tables. -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior relating to compliance with rights-of-way across Indian lands, issued under section 321 et seq. of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Government Organization and Employees, effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101, June 21, 1979, 44 F.R. 36927, set out as a note under section 719e of Title 15, Commerce and Trade. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 322, 326, 327, 328, 1724 of this title; title 43 section 421c. -End- -CITE- 25 USC Sec. 325 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 325. Payment and disposition of compensation -STATUTE- No grant of a right-of-way shall be made without the payment of such compensation as the Secretary of the Interior shall determine to be just. The compensation received on behalf of the Indian owners shall be disposed of under rules and regulations to be prescribed by the Secretary of the Interior. -SOURCE- (Feb. 5, 1948, ch. 45, Sec. 3, 62 Stat. 18.) -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior relating to compliance with rights-of-way across Indian lands, issued under section 321 et seq. of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Government Organization and Employees, effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101, June 21, 1979, 44 F.R. 36927, set out as a note under section 719e of Title 15, Commerce and Trade. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 322, 326, 327, 328, 1724 of this title; title 43 section 421c. -End- -CITE- 25 USC Sec. 326 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 326. Laws unaffected -STATUTE- Sections 323 to 328 of this title shall not in any manner amend or repeal the provisions of the Federal Water Power Act of June 10, 1920 (41 Stat. 1063), as amended by the Act of August 26, 1935 (49 Stat. 838) [16 U.S.C. 791a et seq.], nor shall any existing statutory authority empowering the Secretary of the Interior to grant rights-of-way over Indian lands be repealed. -SOURCE- (Feb. 5, 1948, ch. 45, Sec. 4, 62 Stat. 18.) -REFTEXT- REFERENCES IN TEXT The Federal Water Power Act, referred to in text, is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, now known as the Federal Power Act, which is classified generally to chapter 12 (Sec. 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Tables. -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior relating to compliance with rights-of-way across Indian lands, issued under section 321 et seq. of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Government Organization and Employees, effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101, June 21, 1979, 44 F.R. 36927, set out as a note under section 719e of Title 15, Commerce and Trade. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 322, 327, 328, 1724 of this title; title 43 section 421c. -End- -CITE- 25 USC Sec. 327 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 327. Application for grant by department or agency -STATUTE- Rights-of-way for the use of the United States may be granted under sections 323 to 328 of this title upon application by the department or agency having jurisdiction over the activity for which the right-of-way is to be used. -SOURCE- (Feb. 5, 1948, ch. 45, Sec. 5, 62 Stat. 18.) -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior relating to compliance with rights-of-way across Indian lands, issued under section 321 et seq. of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Government Organization and Employees, effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101, June 21, 1979, 44 F.R. 36927, set out as a note under section 719e of Title 15, Commerce and Trade. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 322, 326, 328, 1724 of this title; title 43 section 421c. -End- -CITE- 25 USC Sec. 328 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS -HEAD- Sec. 328. Rules and regulations -STATUTE- The Secretary of the Interior is authorized to prescribe any necessary regulations for the purpose of administering the provisions of sections 323 to 328 of this title. -SOURCE- (Feb. 5, 1948, ch. 45, Sec. 6, 62 Stat. 18.) -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior relating to compliance with rights-of-way across Indian lands, issued under section 321 et seq. of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Government Organization and Employees, effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101, June 21, 1979, 44 F.R. 36927, set out as a note under section 719e of Title 15, Commerce and Trade. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 322, 326, 327, 1724 of this title; title 43 section 421c. -End- -CITE- 25 USC CHAPTER 9 - ALLOTMENT OF INDIAN LANDS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -MISC1- Sec. 331 to 333. Repealed. 334. Allotments to Indians not residing on reservations. 335. Extension of provisions as to allotments. 336. Allotments to Indians making settlement. 337. Allotments in national forests. 337a, 338. Repealed. 339. Tribes excepted from certain provisions. 340. Extension of certain provisions. 341. Power to grant rights-of-way not affected. 342. Removal of Southern Utes to new reservation. 343. Correction of errors in allotments and patents. 344. Cancellation of allotment of unsuitable land. 344a. Repealed. 345. Actions for allotments. 346. Proceedings in actions for allotments. 347. Limitations of actions for lands patented in severalty under treaties. 348. Patents to be held in trust; descent and partition. 348a. Extension of trust period for Indians of Klamath River Reservation. 349. Patents in fee to allottees. 350. Surrender of patent, and selection of other land. 351. Patents with restrictions for lots in villages in Washington. 352. Cancellation of trust patents within power or reservoir sites. 352a. Cancellation of patents in fee simple for allotments held in trust. 352b. Partial cancellation; issuance of new trust patents. 352c. Reimbursement of allottees or heirs for taxes paid on lands patented in fee before end of trust. 353. Sections inapplicable to certain tribes. 354. Lands not liable for debts prior to final patent. 355. Laws applicable to lands of full-blooded members of Five Civilized Tribes. 356. Allowance of undisputed claims of restricted allottees of Five Civilized Tribes. 357. Condemnation of lands under laws of States. 358. Repeal of statutory provisions relating to survey, classification, and allotments which provide for repayment out of Indian moneys. -End- -CITE- 25 USC Sec. 331 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 331. Repealed. Pub. L. 106-462, title I, Sec. 106(a)(1), Nov. 7, 2000, 114 Stat. 2007 -MISC1- Section, acts Feb. 8, 1887, ch. 119, Sec. 1, 24 Stat. 388; Feb. 28, 1891, ch. 383, Sec. 1, 26 Stat. 794; June 25, 1910, ch. 431, Sec. 17, 36 Stat. 859, related to allotments of irrigable and nonirrigable land on reservations. -COD- CODIFICATION Section was based on section 1 of act Feb. 8, 1887, as amended generally by section 1 of act Feb. 28, 1891, which was amended generally, by act June 25, 1910. The amendment by act June 25, 1910, to section 1 of act Feb. 28, 1891, was treated as an amendment to section 1 of act Feb. 8, 1887, to reflect the probable intent of Congress, and this section was based on the text of section 1 of act Feb. 28, 1891, as so amended. The repeal by Pub. L. 106-462 of section 1 of act Feb. 8, 1887, was executed by repealing this section, to reflect the probable intent of Congress. -MISC1- SHORT TITLE OF 1987 AMENDMENT Pub. L. 100-153, Sec. 1, Nov. 5, 1987, 101 Stat. 886, provided that: "This Act [amending sections 373, 1401, and 2301 of this title and section 4421 of Title 20, Education, and amending provisions set out as a note under this section] may be cited as the 'Indian Law Technical Amendments of 1987'." SHORT TITLE Act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, enacting this section and sections 332 to 334, 339, 341, 342, 348, 349, 354, and 381 of this title, is popularly known as the "Indian General Allotment Act". BLACKFEET RESERVATION, MONTANA Act June 30, 1919, ch. 4, Sec. 10, 41 Stat. 16, which provided for the allotment of lands within the Blackfeet Indian Reservation in Montana, was amended by act June 4, 1953, ch. 99, Sec. 1, 67 Stat. 42, in order to remove the restrictions on alienation of the homestead allotments by making 80 acres of each allotment subject to sale, partition, issuance of patent in fee, or other disposition in accordance with the laws relating to the other allotments on the Reservation. Act June 30, 1919, had provided that the 80-acre homestead allotment should remain inalienable. This restriction was removed on the alienation of homestead allotments after the death of the original allottee by act June 2, 1924, ch. 231, 43 Stat. 252, formerly set out as a note under this section. The restriction was completely removed by section 1 of act June 4, 1953. Section 2 of act June 4, 1953, repealed act June 2, 1924. CREEK NATION Act Mar. 2, 1917, ch. 146, Sec. 18, 39 Stat. 986, provided in part as follows: "Hereafter no allotments of land shall be made to members of the Creek Nation". CROW INDIAN RESERVATION Act June 4, 1920, ch. 224, Sec. 6, 41 Stat. 753, as amended by acts May 25, 1926, ch. 403, 44 Stat. 658; Sept. 16, 1959, Pub. L. 96-283, 73 Stat. 565; May 17, 1968, Pub. L. 90-308, 82 Stat. 123, provided for a reservation in perpetuity, for the benefit of the Crow Indian Tribe, of the minerals on or underlying the allotted lands on the Crow Indian Reservation. Act Aug. 15, 1953, ch. 502, Sec. 4, 67 Stat. 587, repealed act June 4, 1920, ch. 224, Sec. 9, 41 Stat. 754, formerly set out as a note under this section. The act June 4, 1920, provided for allotment of lands of the Crow Tribe and section 9 of the act had provided that lands of the Crow Reservation should "be subject to all laws of the United States prohibiting the introduction of intoxicating liquors into the Indian country until otherwise provided by Congress". Act June 4, 1953, ch. 100, 67 Stat. 42, permitted the Indian owners of homestead, irrigable, or agricultural land on the Crow Indian Reservation in Montana to sell such land, upon application in writing and subject to the approval of the Secretary of the Interior or his authorized representative. Restrictions against such sales were contained in act June 4, 1920, ch. 224, 41 Stat. 751. The act of June 4, 1920, set out as a note below, provided for the allotment of lands on the Crow Reservation. Provisions for the allotment of lands of the Crow Tribe of Indians within the Crow Indian Reservation in Montana, and for the distribution of tribal funds, were made by act June 4, 1920, ch. 224, 41 Stat. 751. The time for making allotments on the Crow Reservation, Montana, as provided by this act was extended for a period of two years from Dec. 4, 1921, by act Sept. 21, 1922, ch. 367, 42 Stat. 994. EASTERN BAND OF CHEROKEE INDIANS OF NORTH CAROLINA Act June 4, 1924, ch. 253, 43 Stat. 376, provided: "That the Eastern Band of Cherokee Indians of North Carolina is hereby authorized, pursuant to the resolution of its council adopted the 6th day of November 1919, to convey to the United States of America, in trust, all land, money, and other property of said band for final disposition thereof as hereinafter provided; and the United States will accept such conveyance when approved by the Secretary of the Interior. "Sec. 2. That upon approval of such conveyance the Secretary of the Interior shall cause to be prepared a roll of the members of said band, to contain the names of all living on the date of this Act, and no person born after that date shall be entitled to enrollment. "The roll shall show the name, age, sex, and degree of Cherokee Indian blood, and separately of that derived from any other Indian ancestor, of each member. The day of the month indicating the birthday of each member shall also be shown upon said roll: Provided, That if such date is unknown and cannot be ascertained, the date of the entry of the name on the schedule shall be taken for the purposes of this Act to be the birth date of the member to whom the entry applies. "Said roll when approved by the Secretary of the Interior shall be final and conclusive as to the membership of said band, and as to the ages and degree of Indian blood of the members, but clerical changes relating to the names of such members or to sex designations may be made at any time thereafter. "Sec. 3. That in the preparation of said roll due consideration shall be given to all rolls and lists heretofore made of the membership of said band, together with any evidence elicited in the course of any investigations, and to all documents and records on file in the Interior Department or any of its bureaus or offices. "The fact that the name of any person appears on any such roll or list shall not be accepted to establish, conclusively, his right or that of his descendants to enrollment. Nor shall the absence of his name from such former rolls conclusively bar any person or his descendants from enrollment. "That in the preparation of said roll the act of the State of North Carolina of March 8, 1895, chapter 166, entitled 'An Act to amend chapter 211, laws of 1889, relating to the charter of the Eastern Band of Cherokee Indians' shall be disregarded. "Applications for enrollment may be presented in such manner and within such time as may be prescribed by regulations made by the Secretary of the Interior, but lack of application shall not prevent consideration of the right to enrollment of any person whose name appears on any former roll and his descendants or of any name brought in any manner to the attention of those in charge of the enrollment work, including the names of those persons of Cherokee Indian blood living July 27, 1868, in any of the counties of North Carolina, in which the common lands of said band are located, or in any of the contiguous counties of that State or of the States of Georgia and Tennessee, and of their descendants. "Sec. 4. That the lands so conveyed shall be surveyed, where found necessary, and divided into appropriate tracts or parcels and appraised at their true value as of the date of such appraisement, without consideration being given to the location thereof or to any mineral deposits therein or to improvements thereon, but such appraisement shall include all merchantable timber on all allottable lands. "Sec. 5. That reservations from allotment may be made, in the discretion of the Secretary of the Interior, of lands for cemeteries, schools, water-power sites, rights of way, and for other public purposes, with proper safeguards, however, for compensation to individuals who may suffer losses by reason of such reservations. "There may also be reserved any tract chiefly valuable because of the timber or of stone, marble, or other quarries thereon, or which by reason of location or topographical features may be unsuitable for allotment purposes. "Any land or other property reserved from allotment as above provided and lands not needed for allotments may be sold at such time, in such manner, and upon such terms as the Secretary may direct, and the proceeds of such sale shall be added to the funds of the band: Provided, That in the sale of timberlands the timber and the land may be sold separately. "Conveyances under such sales shall be made as provided in the case of conveyances to allottees. "Sec. 6. That all oil, gas, coal, and other mineral deposits on said lands are hereby reserved to said band for a period of twenty-five years from the date of this Act, and during such period said deposits may be leased for prospecting and mining purposes by the Secretary of the Interior, for such periods (not exceeding the period for which such minerals are reserved) and upon such terms and conditions as he may prescribe: Provided, That at the end of such twenty-five year period all such deposits shall become the property of the individual owner of the surface of such land, unless Congress shall otherwise provide. "Sec. 7. That all improvements on the lands of said band of a permanent and substantial character shall be appraised separately from the lands upon which the same may be, and shall be listed in the names of the members of the band prima facie entitled thereto, but the designation of ownership shall be tentative only until the true ownership thereof is ascertained and declared, after due notice and hearing. The right to have such improvements appraised, and to make disposition thereof, shall extend to all members, except tenants, owning such improvements at the date of this Act [June 4, 1924]. "Any person held to be the owner of improvements may remove the same, where found to be practicable, within ninety days from the date they are declared to belong to him, or may, within that period, dispose of the same at not more than the appraised value to any member of the band entitled to receive an allotment, under regulations to be prescribed: Provided, That the vendor shall have a lien upon the rents and profits accruing from the tract on which such improvements may be located until the purchase price thereof is fully paid. "Sec. 8. That the lands and money of said band shall be allotted and divided among the members thereof so as to give each an equal share of the whole in value, as nearly as may be, and to accomplish that the value of the standard allotment share shall be determined by dividing the total appraised value of all allotted and allottable lands by the total number of enrolled members. "If any member shall fail to receive his full share of the tribal lands, he shall be entitled to the payment of money so as to adjust the difference as nearly as possible. If any member shall receive an allotment exceeding in value his full share of the tribal lands, the difference shall be adjusted by deduction from his distributive share of the tribal funds. "Sec. 9. That when the tracts available for allotments are ascertained, each member of the said band may apply for a tract or tracts of land to the extent of thirty acres, as nearly as practicable, to include his home and improvements, if he so desires, and the selection so made shall be final as to the right to occupy and use the land so applied for as against all other members if no contest is filed against such selection within ninety days from and after formal application is made therefor: Provided, That any person claiming the right to select any given tract of land by reason of the purchase of improvements thereon shall have ninety days to make application therefor from and after the date of approval of any sale conveying to him said improvements, and such application shall become final as in other cases, subject to the right of any other member to contest such selection, ninety days from and after the same is duly made. All contests shall be instituted and heard pursuant to the rules and regulations of the Interior Department applicable thereto. Any allotment selection may be modified or limited, in the discretion of those in charge of the work, so as to give the selector of adjacent or contiguous lands access to firewood and drinking water. "Sec. 10. That adults may select their own allotments, where mentally capable of so doing, but allotments for minors may be selected by their father or mother, in the order named, or by the officers in charge of the allotment work. The said officers may also select allotments for prisoners, convicts, aged, infirm, and insane or otherwise mentally incompetent members and for the estates of deceased members and, if necessary to complete any allotments or to bring the allotment work to a close, may make arbitrary selections for and on behalf of any member of said band. "Sec. 11. That allotments may be selected for the members of any family, wherever practicable, from contiguous lands or other lands held by the head of the family, including both adult and minor children and such other relatives as are members of the household: Provided, That if any adult child shall claim the benefit of this section, he shall not be entitled as a matter of right to have his selection made from the lands desired by his father or mother or from lands needed by any minor member of the family for allotment purposes, but this shall not prevent selection of lands outside the family holdings if desired. "Sec. 12. That where annuity or other payments to individuals have heretofore been suspended because their enrollment status has been questioned, the amounts involved in such suspended payments shall be paid to individuals found entitled to enrollment or to their heirs, and all funds of said band, after making such payments and after payments needed for equalizing allotments as hereinbefore provided and all other payments herein directed to be made, shall be distributed per capita among the enrolled members of said band and the heirs of those who shall die before distribution is completed, and shall be paid to the distributees or conserved and used for their benefit, according to whether they belong to the restricted or unrestricted class, at such time and in such manner as shall be deemed advisable. "Sec. 13. That any member of said band whose degree of Indian blood is less than one-sixteenth may, in the discretion of the Secretary of the Interior, be paid a cash equivalent in lieu of an allotment of land. Any person desiring to avail himself of this provision may make application to the officers in charge of the allotment work at any time within ninety days after the date of the approval of the final roll, and preference shall be given in the order of application. The said officers shall have the power to add to the register of such names the names of any other members of the same class, including minors for whom no application is made for such time as may be allowed for the purpose by the regulations. Applications should be made in person by adults and for minors by their fathers or mothers, in the order named. "Sec. 14. That if any member shall claim that he is the owner of a so-called private land claim, for the reason that money was advanced by him or his ancestor to pay in whole or in part for any land the title to which is now in the band, such claim may be submitted to and equitably adjusted by the Secretary of the Interior, whose decision thereon shall be final and not subject to review by the courts. In such adjustment due consideration shall be given to matters presented by the band in the way of offsets or counterclaims. "Sec. 15. That a certificate of allotment shall be issued to each allottee upon the expiration of the contest period, if no contest is then pending, or, if a contest is then pending, upon final disposition thereof, but shall be dated as of the date of selection. Each certificate shall contain the name and roll number of the allottee, and the legal effect thereof shall be to give the allottee the right to occupy and use the surface of the land described therein, as against each and every other member of the band, but not as against the band itself, or against the United States: Provided, That the Secretary of the Interior may cancel any certificate of allotment at any time before title to the land described therein is conveyed to the allottee, if in his judgment said land should be reserved for allotment for any purpose herein authorized or for any other good and sufficient reason, but before such action is taken the allottee shall have due notice and opportunity to be heard. If any such certificate shall be revoked, the allottee may select other lands as if no certificate had been issued to him. "Sec. 16. That as soon as practicable after a certificate of allotment is issued there shall be issued to the allottee a deed conveying all right, title, and interest of the United States, as trustee, and of the band, and of every other member thereof, in and to the land described in said certificate. Each deed shall recite the roll number and degree of Indian blood of the grantee and shall be executed by or in the name of the Secretary of the Interior, who is hereby authorized to designate any clerk or employee of the department to sign his name for him to all such deeds. "Each deed, when so issued, shall be recorded in the office of the recorder of deeds for the county in which the land conveyed thereby is located. When so recorded title to the land shall vest in the allottee subject to the conditions, limitations, and restrictions herein imposed. Upon the recording of any deed it shall be the duty of the officers representing the Government of the United States to deliver it to the allottee named therein. "Sec. 17. That if any member enrolled as provided in this Act shall die before receiving his distributive share of the band or tribal property, the land and moneys to which he would be entitled, if living, shall descend to his heirs according to the laws of the State of North Carolina and be distributed to them accordingly, but in all such cases the allotment and deed therefor shall be made in the name of the deceased ancestor and shall be given the same force and effect as if made during his lifetime: Provided, That the provisions of the Act of Congress approved June 25, 1910 (Thirty-sixth Statutes, page 855), as amended by the Act of Congress of February 14, 1913 (Thirty-seventh Statutes, page 678), relating to the determination of heirs and approval of wills by the Secretary of the Interior, and to other matters, are hereby made applicable to the persons and estates of the members of the said band, and in the construction of said Acts no distinction shall be made between restricted lands and moneys and those conveyed or held in trust. "Sec. 18. That leases of lands allotted under this Act may be made during the restricted period for any purpose and for any term of years, under rules and regulations to be prescribed by the Secretary of the Interior: Provided, That such leases shall be executed on behalf of minors and other incompetents, including any Indian deemed to be incapable, mentally or physically, of managing his business affairs properly and with benefit to himself and in their names, by a duly authorized representative of the Indian Service designated by said Secretary for the purpose: Provided further, That all leases of unpartioned estates shall be so made and approved unless all of the Indian heirs or owners are of the unrestricted class, and shall be subject to supervision during the restricted period the same as leases made on other restricted lands, but all rents and royalties accruing therefrom to unrestricted owners shall be paid, by the proper officers of the Indian Service, to such owners at the earliest date practicable after the collection thereof. "Parents may use the lands allotted to their children and receive the rents and profits arising herefrom during the minority of such children: Provided, That this privilege may be revoked by the Commissioner of Indian Affairs at any time while said lands are restricted for such cause as may by him be deemed good and sufficient. "Sec. 19. That lands allotted under this Act shall not be alienable, either by voluntary or enforced sale by the allottee or his heirs or otherwise, for a period of twenty-five years from and after the date when the deed conveying such land to the allottee is recorded as directed herein: Provided, That upon the completion of the allotments and the recording of the deeds as herein directed each allottee shall become a citizen of the United States and a citizen of the particular State wherein he (or she) may reside, with all the rights, privileges, and immunities of such citizens: Provided further, That the Secretary of the Interior may, in his discretion, at any time after a deed is recorded remove the restrictions on the lands described therein, either with or without application by the owner or owners, under such rules and regulations or special orders governing the terms of sale and the disposition of the proceeds as he shall prescribe. "Sec. 20. That lands allotted under this Act shall not be subjected or held liable to any form of personal claim, or demand, against the allottee, arising or existing prior to the removal of restrictions; and any attempted alienation or incumbrance of restricted land by deed, mortgage, contract to sell, power of attorney, or other method of incumbering real estate, except leases specifically authorized by law, made before or after the approval of this Act and prior to removal of restrictions therefrom, shall be absolutely null and void. "Sec. 21. That all lands, and other property, of the band, or the members thereof, except funds held in trust by the United States, may be taxed by the State of North Carolina, to and including the tax year following the date of this Act. Such taxes shall be paid from the common funds of said band for such period, except upon such tracts as shall have been lawfully sold prior to the date when tax assessments can be made thereon under the State law. All tax assessments made pursuant to this Act on restricted allotments or undivided tribal property held in trust by the United States shall be subject to revision by the Commissioner of Indian Affairs for a period of one year following the date when such assessments are spread on the local tax rolls, but if he shall take no action thereon during said year, such assessments shall be final, but this shall not be construed to deprive any allottee of any remedy to which he would be entitled under the State law: Provided, That such restricted and undivided property shall be exempt from sale for unpaid taxes for two years from the date when such taxes become due and payable, and no penalty for delinquency in the payment of such taxes shall be charged or collected for or during said period, so that Congress may have an opportunity to make provision for the payment of such taxes if the band, or tribal, funds are found insufficient for the purpose. "After the expiration of the tax year following that in which this Act is approved all lands allotted to members of said band, from which restrictions shall have been removed, shall be subject to taxation the same as other lands. But from and after the expiration of said tax year all restricted allotments and undivided property shall be exempt from taxation until the restrictions on the alienation of such allotments are removed or the title of the band to such undivided property is extinguished. "Sec. 22. That the removal of restrictions upon allotted lands shall not deprive the United States of the duty or authority to institute and prosecute such action in its own name, in the courts of the United States, as may be necessary to protect the rights of the allottees, or of their heirs, until the said band shall be dissolved by congressional action, unless the order removing such restrictions is based upon an express finding that the Indian to whom it relates if fully competent and capable of managing his own affairs. "Sec. 23. That the authority of the Eastern Band of Cherokee Indians of North Carolina to execute conveyances of lands owned by said band, or any interest therein, is recognized, and any such conveyance heretofore made, whether to the United States or to others, shall not be questioned in any case where the title conveyed or the instrument of conveyance has been or shall be accepted or approved by the Secretary of the Interior. "Sec. 24. That the reinvestment of the proceeds arising from the sale of surplus and unallotted lands of said band in other lands in the vicinity of the Indian school at Cherokee, North Carolina, is hereby authorized, in the discretion of the Secretary of the Interior, and lands so purchased may be allotted as provided for herein respecting the allotment of lands now owned by said band. "Sec. 25. That all things provided for herein shall be done under the direction of the Secretary of the Interior, who is authorized to prescribe needed rules and regulations. "All questions as to enrollment and as to all other matters involving the disposition of the lands or moneys of said band, or of the members thereof, shall be decided by the Secretary of the Interior, and such decision as to any matter of fact or law shall be final. "Sec. 26. That in addition to any sum or sums heretofore or hereafter regularly appropriated for salaries and expenses, there is hereby authorized to be appropriated, from the funds of the United States in the Treasury not otherwise appropriated, the sum of $10,000, or so much thereof as may be necessary, for the payment of such expenses as shall be necessarily incurred, including the salaries of additional employees in the administration of this Act." FLATHEAD RESERVATION, MONTANA Act Feb. 25, 1920, ch. 87, 41 Stat. 452, provided for allotments on the Flathead Reservation, Montana, to all unallotted, living children, enrolled with the tribe, enrolled or entitled to enrollment. FORT BELKNAP RESERVATION, MONTANA Act Mar. 3, 1921, ch. 135, 41 Stat. 1355, provided for the enrollment of the Indians of the Gros Ventre and Assiniboine Tribes in the Fort Belknap Reservation, Montana, and for the allotment among such enrolled Indians of the unreserved and undisposed of lands on the reservation; declared the Indians to whom trust patents for such allotted lands shall be issued to be citizens of the United States; provided for reservation from allotment of lands chiefly valuable for the development of water power, and for Indian agency, school, religious, cemetery and administrative purposes; provided for the reservation of certain of the lands for park purposes and for a site for a sanatorium for the benefit of the Indians; provided for the issue of patents for a certain limited number of acres of the lands to missionary, religious and educational purposes; provided for the examination of the lands, prior to their allotment, to determine the mineral character thereof; provided for the reservation of coal on the lands for certain purposes; provided that the timber lands shall remain tribal property and for the use of the timber thereon by the Indians; provided for the reservation and disposition of town-sites on the lands; provided for the construction of irrigation projects on the lands; provided for the grant of certain of the lands to the State of Montana for school lands and made an appropriation to carry out the purposes of the act. KANSAS OR KAW TRIBE OF OKLAHOMA Act Mar. 4, 1923, ch. 297, 42 Stat. 1561, extended period of restriction against alienation of lands allotted to minor members of Kansas or Kaw Tribe of Oklahoma for a period of twenty-five years from Mar. 4, 1923. LAC DU FLAMBEAU BAND OF WISCONSIN Act May 19, 1924, ch. 158, 43 Stat. 132, provided for enrollment and allotment of members of Lac du Flambeau Band of Lake Superior Chippewas in Wisconsin. OSAGE INDIAN TRIBE OF OKLAHOMA Pub. L. 98-576, Oct. 30, 1984, 98 Stat. 3065, provided: "That (a) any Osage headright or restricted real estate or funds which is part of the estate of a deceased Osage Indian with respect to whom - "(1) a certificate of competency had never been issued before the time of death, or "(2) a certificate of competency had been revoked by the Secretary of the Interior before the death of such Osage Indian, shall be exempt from any estate or inheritance tax imposed by the State of Oklahoma. "(b) Subsection (a) shall apply to the estate of any Osage Indian who dies on or after the date of the enactment of this Act [Oct. 30, 1984]. "Sec. 2. For purposes of this Act - "(1) the term 'headright' means any right of any person to share in any royalties, rents, sales, or bonuses arising from the Osage mineral estate; "(2) the term 'Osage mineral estate' means any right, title, or interest in any oil, gas, coal, or other mineral held by the United States in trust for the benefit of the Osage Tribe of Indians under section 3 of the Osage Tribe Allotment Act; "(3) the term 'restricted real estate or funds' means any real estate or fund held by an Osage Indian or by the Secretary of the Interior in trust for the benefit of such Indian which is subject to any restriction against alienation, or transfer by any other means, under any Act of Congress applicable to the Osage Tribe of Indians or applicable generally to Indians or any bands, tribes, or nations of Indians; and "(4) the term 'Osage Tribe Allotment Act' means the Act approved June 28, 1906, and entitled 'An Act for the division of the lands and funds of the Osage Indians in Oklahoma Territory, and for other purposes' (34 Stat. 539)." Pub. L. 95-496, Secs. 3-11, Oct. 21, 1978, 92 Stat. 1660-1664, as amended by Pub. L. 98-605, Sec. 2, Oct. 30, 1984, 98 Stat. 3163, provided that: "Sec. 3. (a) [Repealed act Feb. 5, 1948, ch. 46, 62 Stat. 18, formerly set out below.] "(b) Any Osage Indian having received a certificate of competency under paragraph 7 of section 2 of the Act of June 28, 1906 (34 Stat. 539, 542); section 3 of the Act of March 2, 1929 (45 Stat. 1478, 1480) [amending act Feb. 27, 1925, ch. 359, 43 Stat. 1008, which is set out below]; or the Act of February 5, 1948 (62 Stat. 18) [Act Feb. 5, 1948, ch. 46, 62 Stat. 18], may make application to the Secretary of the Interior to revoke such certificate and the Secretary shall revoke such certificate: Provided, That revocation of any certificate shall not affect the legality of any transactions heretofore made by reason of the issuance of any such certificate. Restrictions against alienation of lands heretofore removed are not reimposed. "(c) [Amended act Feb. 27, 1925, set out below, act Mar. 2, 1929, ch. 493, Sec. 4, 45 Stat. 1480, and June 24, 1938, ch. 645, Secs. 1, 3, 52 Stat. 1034, 1035. "Sec. 4. In order to conserve natural resources and provide for the greatest ultimate recovery of oil and gas underlying the Osage mineral estate, the Secretary of the Interior is authorized to establish rules and regulations under which oil and gas leases producing from a common source of supply may be unitized. "Sec. 5. (a) [Amended act Apr. 18, 1912, ch. 83, Sec. 8, 37 Stat. 88.] "(b) [Amended act Apr. 18, 1912, ch. 83, Sec. 3, 37 Stat. 86.] "(c) [Amended act Feb. 27, 1925, set out below.] "(d)(1) Notwithstanding any provision of - "(A) section 3 or 8 of the Osage Indians Act of 1912 (as amended by subsections (b) and (a), respectively) [not classified to the Code], or "(B) section 7 of the Osage Indians Act of 1925 (as amended by subsection (c)) [act Feb. 27, 1925, set out below], any sale or transfer or any disposition by any other means of any headright shall be subject to section 7 of this Act [set out below]. "(2) Notwithstanding section 6(a) of this Act [set out below] or section 8 of the Osage Indians Act of 1912, no Osage Indian may - "(A) provide for the transfer of any interest of such person in any headright - "(i) by will to any person which is not an individual, or "(ii) by the establishment of an inter vivos trust for the benefit of any person which is not an individual; or "(B) provide, whether by the terms of a will, the terms of a testamentary trust established by a will, or by the terms of an instrument establishing an inter vivos trust, that any interest in any headright - "(i) which such Osage Indian had (at the time of death of such person or at the time any such inter vivos trust was established), and "(ii) in which any individual was granted a life estate by such Osage Indian, may be transferred to or held for the benefit of any individual who is not an Osage Indian upon the death of the individual who held such life estate. "Sec. 6. (a) With the approval of the Secretary of the Interior, any person of Osage Indian blood, eighteen years of age or older, may establish an inter vivos trust covering his headright or mineral interest except as provided in section 8 hereof; surplus funds; invested surplus funds; segregated trust funds; and allotted or inherited land, naming the Secretary of the Interior as trustee. An Osage Indian having a certificate of competency may designate a banking or trust institution as trustee. Said trust shall be revocable and shall make provision for the payment of funeral expenses, expenses of last illness, debts, and an allowance to members of the family dependent on the settlor. "(b) Property placed in trust as provided by this section shall be subject to the same restrictions against alienation that presently apply to lands and property of Osage Indians, and the execution of such instrument shall not in any way affect the tax-exempt status of said property. "RULES GOVERNING DEVOLUTION OF INTERESTS IN OSAGE HEADRIGHTS "Sec. 7. (a) General Rule. - No person who is not an Osage Indian may, on or after October 21, 1978, receive any interest in any headright, other than a life estate in accordance with subsection (b), whether such interest would be received by such person (but for this subsection) under a will, a testamentary or inter vivos trust, or the Oklahoma laws of intestate succession. "(b) Exception for Life Estates. - Notwithstanding subsection (a) and subject to section 5(d)(2) [set out above], an individual who is not an Osage Indian may receive a life estate in any headright held by a testator, settlor, or decedent who is or was an Osage Indian under a will, or under a testamentary trust established by a will, of such testator, an inter vivos trust established by such settlor, or the Oklahoma laws of intestate succession relating to the administration of the estate of such decedent. "(c) Special Rules Governing Interests in Osage Headright Upon Death of Individual Who Held Life Estate in Such Headright. - "(1) Designated osage remaindermen. - Upon the death of any individual who is not an Osage Indian and who held a life estate in any headright of a testator or settlor described in subsection (b), all remaining interests in such headright shall vest in any remaindermen who - "(A) are designated in the will of the testator or the instrument establishing the trust of the settlor to receive such remainder interest, and "(B) are Osage Indians. "(2) No designated osage remaindermen. - Upon the death of any individual who is not an Osage Indian and who held a life estate in any headright of a testator, settlor, or decedent described in subsection (b) who - "(A) did not designate any remainderman who is an Osage Indian to receive any remaining interest in such headright in the will of such testator or instrument of such settlor, or "(B) died intestate, all remaining interests in such headright shall vest in any heirs, as determined under the Oklahoma laws of intestate succession, of such testator, settlor, or decedent who are Osage Indians. "(3) No heir who is an osage indian. - Upon the death of any individual who is not an Osage Indian and who held a life estate in any headright of an Osage testator, settlor, or decedent described in subsection (b) who - "(A) designated no remainderman who is an Osage Indian for any remaining interest in such headright, and "(B) had no heir under the Oklahoma laws of intestate succession who is an Osage Indian and is living at the time of death of the individual who held such life estate, all remaining interests in such headright shall vest in the Osage Tribe of Indians. "(d) Liability of Tribe in Case of Remainderman or Heir Who is Not an Osage Indian. - In any case in which - "(1) any remainder interest of a testator, settlor, or decedent described in subsection (b) vests in the Osage Tribe of Indians under subsection (c)(3), and "(2) an individual who is not an Osage Indian and who, but for this section, would have received any portion of such remaining interest in the headright by virtue of - "(A) having been designated under the will of such testator, or the instrument of such settlor which established any such trust, to receive such remainder interest, or "(B) being the heir of such decedent under the Oklahoma laws of intestate succession, the tribe shall pay any such individual the fair market value of the portion of the interest in such headright such individual would have received but for this section. "Sec. 8. (a)(1) No headright owned by any person who is not of Indian blood may be sold, assigned, or transferred without the approval of the Secretary. Any sale of any interest in such headright (and any other transfer which divests such person of any right, title, or interest in such headright) shall be subject to the following rights of purchase: "(1) First right of purchase by the heirs in the first degree of the first Osage Indian to have acquired such headright under an allotment who are living and are Osage Indians, or, if they all be deceased, all heirs in the second through the fourth degree of such first Osage Indian who are living and are Osage Indians. "(2) Second right of purchase by any other Osage Indian for the benefit of any Osage Indian in his or her individual capacity. "(3) Third right of purchase by the Osage Tribal Council on behalf of the Osage Tribe of Indians. No owner of any headright shall be required, by reason of this subsection, to sell such headright for less than its fair market value or to delay any such sale more than 90 days from the date by which notice of intention to sell (or otherwise transfer) such headright has been received by each person with respect to whom a right of purchase has been established under this subsection. "(b) Notwithstanding the paragraph designated 'First' of section 4 of the Osage Tribe Allotment Act or any other provision of law, any income from the Osage mineral estate may be used for the purchase of any headright offered for sale to the Osage Tribal Council pursuant to subsection (a) or vested in the Osage Tribe pursuant to section 7 if, prior to the time that any income from the Osage mineral estate is segregated for distribution to holders of headrights, the Osage Tribal Council requests the Secretary to authorize such use of such funds and the Secretary approves such request. "Sec. 9. Under such regulations as the Secretary of the Interior may prescribe, the heirs and legatees of any deceased owner of an Osage headright or mineral interest, real estate on which restrictions against alienation have not been removed, and funds on deposit at the Osage Agency may be determined by the Secretary if such aggregate interests do not exceed $10,000: Provided, That no court of competent jurisdiction has undertaken the probate of the deceased's estate and a request for such administrative determination has been made to the Secretary by one or more of the heirs or legatees." "Sec. 10. Except where any provision of this Act explicitly provides otherwise, wherever the term 'Osage Indian' is used in this Act, such term shall be construed so as to include any child who has been adopted by an Osage Indian (pursuant to the decision of any court of competent jurisdiction) and any lineal descendant of such child. "Sec. 11. For purposes of this Act - "(1) the term 'Osage mineral estate' means any right, title, or interest in any oil, gas, coal, or other mineral held by the United States in trust for the benefit of the Osage Indian Tribe under section 3 of the Osage Tribe Allotment Act; "(2) the term 'headright' means any right of any person to share in any royalties, rents, sales, or bonuses arising from the Osage mineral estate; "(3) the term 'Secretary' means the Secretary of the Interior; "(4) the term 'person' has the meaning given to such term in section 1 of title 1, United States Code; "(5) the term 'Osage Tribe Allotment Act' means the Act approved June 28, 1906, and entitled 'An Act For the division of the lands and funds of the Osage Indians in Oklahoma Territory, and for other purposes.' (34 Stat. 539); "(6) the term 'Osage Indians Act of 1912' means the Act approved April 18, 1912, and entitled 'An Act Supplementary to and amendatory of the Act entitled "An Act for the division of the lands and funds of the Osage Nation of Indians in Oklahoma," approved June twenty-eighth, nineteen hundred and six, and for other purposes.' (37 Stat. 86); and "(7) the term 'Osage Indians Act of 1925' means the Act approved February 27, 1925, and entitled 'An Act To amend the Act of Congress of March 3, 1921, entitled "An Act to amend section 3 of the Act of Congress of June 28, 1906, entitled 'An Act of Congress for the division of the lands and funds of the Osage Indians in Oklahoma, and for other purposes.' " ' (43 Stat. 1008) [set out below]." Pub. L. 95-496, Sec. 3(a), Oct. 21, 1978, 92 Stat. 1660, repealed act Feb. 5, 1948, ch. 46, 62 Stat. 18, which related to issuance of certificates of competency to members of the Osage Tribe of less than one-half Indian blood upon attaining age twenty-one. Act Aug. 4, 1947, ch. 474, Sec. 1, 61 Stat. 747, as amended by Pub. L. 85-857, Sec. 13(n), Sept. 2, 1958, 72 Stat. 1266, provided: "That the provisions of section 6 of the Act approved February 27, 1925 (43 Stat. 1008) [set out in note below], as amended by section 5 of the Act approved March 2, 1929, (45 Stat. 1478) [set out in note below], which make invalid contracts of debt entered into by certain members of the Osage Tribe of Indians, shall not apply to any debt contracted pursuant to title III of the Servicemen's Readjustment Act of 1944 or chapter 37 of title 38, United States Code, by any member of such tribe who, by reason of his service in the armed forces of the United States during World War II, is eligible for the benefits of such title III or chapter 37; and any other member of the Osage Tribe upon attaining the age of twenty-one years may contract a valid debt without approval of the Secretary of the Interior: Provided, That the Osage lands and funds and any other property which has heretofore or which may hereafter be held in trust or under supervision of the United States for such Osage Indians not having a certificate of competency shall not be subject to lien, levy, attachment, or forced sale to satisfy any debt or obligation contracted or incurred prior to the issuance of a certificate of competency." Act Feb. 27, 1925, ch. 359, 43 Stat. 1008, as amended by acts Mar. 2, 1929, ch. 493, Secs. 3, 4, 45 Stat. 1480; Sept. 1, 1950, ch. 832, 64 Stat. 572; Oct. 21, 1978, Pub. L. 95-496, Secs. 3(c), 5(c), formerly 5(7), 92 Stat. 1661, 1662; Oct. 30, 1984, Pub. L. 98-605, Secs. 2(b), 4, 98 Stat. 3163, 3167, provided that: "The Secretary of the Interior shall cause to be paid at the end of each fiscal quarter to each adult member of the Osage Tribe of Indians in Oklahoma having a certificate of competency, his or her pro rata share, either as a member of the tribe or heir or devisee of a deceased member, of the interest on trust funds, the bonus received from the sale of oil or gas leases, the royalties therefrom and any other moneys due such Indian received during each fiscal quarter, including all moneys received prior to the passage of this Act and remaining unpaid; and so long as the accumulated income is sufficient the Secretary of the Interior shall cause to be paid to the adult members of said tribe not having a certificate of competency $1,000 quarterly, except where such adult members have legal guardians, in which case the amounts provided for herein may be paid to the legal guardian or direct to such Indian in the discretion of the Secretary of the Interior, the total amounts of such payments, however, shall not exceed $1,000 quarterly except as hereinafter provided; and shall cause to be paid for the maintenance and education, to either one of the parents or legal guardians actually having personally in charge, enrolled or unenrolled, minor member under twenty-one years of age, and above eighteen years of age, $1,000 quarterly out of the income of each of said minors, and out of the income of minors under eighteen years of age, $500 quarterly, and so long as the accumulated income of the parent or parents of a minor who has no income or whose income is less than $500 per quarter is sufficient, shall cause to be paid to either of said parents having the care and custody of such minor $500 quarterly, or such proportion thereof as the income of such minor may be less than $500, in addition to the allowances above provided for such parents. Rentals due such adult members from their lands and their minor children's lands and all income from such adults' investments shall be paid to them in addition to the allowance above provided. All payments to legal guardians of Osage Indians shall be expended subject to the joint approval in writing of the court and the superintendent of the Osage Agency. All payments to adults not having certificates of competency, including amounts paid for each minor, shall, in case the Secretary of the Interior finds that such adults are wasting or squandering said income, be subject to the supervision of the superintendent of the Osage Agency: Provided, That if an adult member, not having a certificate of competency, so desires, his entire income accumulating in the future from the sources herein specified may be paid to him without supervision, unless the Secretary of the Interior shall find, after notice and hearing, that such member is wasting or squandering his income, in which event the Secretary of the Interior shall pay to such member only the amounts hereinbefore specified to be paid to adult members not having certificates of competency. The Secretary of the Interior shall invest the remainder, after paying the taxes of such members, in United States bonds, Oklahoma State bonds, real estate, first mortgage real estate loans not to exceed 50 per centum of the appraised value of such real estate, and where the member is a resident of Oklahoma such investment shall be in loans on Oklahoma real estate, stock in Oklahoma building and loan associations, livestock, or deposit the same in banks in Oklahoma, or expend the same for the benefit of such member, such expenditures, investments, and deposits to be made under such restrictions, rules, and regulations as he may prescribe: Provided, That the Secretary of the Interior shall not make any investment for an adult member without first securing the approval of such member of such investment: Provided further, That at the beginning of each fiscal year there shall first be reserved and set aside, out of Osage tribal funds available for that purpose, a sufficient amount of money for the expenditures authorized by Congress out of Osage funds for that fiscal year. No guardian shall be appointed except on the written application or approval of the Secretary of the Interior for the estate of a member of the Osage Tribe of Indians who does not have a certificate of competency or who is of one-half or more Indian blood. All moneys now in the possession or control of legal guardians heretofore paid to them in excess of $4,000 per annum each for adults and $2,000 each for minors under the Act of Congress of March 3, 1921, relating to the Osage Tribe of Indians, shall be returned by such guardians to the Secretary of the Interior, and all property, bonds, securities, and stock purchased, or investments made by such guardians out of said moneys paid them shall be delivered to the Secretary of the Interior by them, to be held by him or disposed of by him as he shall deem to be for the best interest of the members to whom the same belongs. All bonds, securities, stocks, and property purchased and other investments made by legal guardians shall not be subject to alienation, sale, disposal, or assignment without the approval of the Secretary of the Interior. Any indebtedness heretofore lawfully incurred by guardians shall be paid out of the funds of the members for whom such indebtedness was incurred by the Secretary of the Interior. All funds other than as above mentioned, and other property heretofore or hereafter received by a guardian of a member of the Osage Tribe of Indians, which was theretofore under the supervision and control of the Secretary of the Interior or the title to which was held in trust for such Indian by the United States, shall not thereby become divested of the supervision and control of the Secretary of the Interior or the United States be relieved of its trust; and such guardian shall not sell, dispose of or otherwise encumber such fund or property without the approval of the Secretary of the Interior, and in accordance with orders of the county court of Osage County, Oklahoma. In case of the death, resignation, or removal from office of such a guardian, the funds and property in his possession subject to supervision and control of the Secretary of the Interior or to which the United States held the title in trust shall be immediately delivered to the superintendent of the Osage Agency, to be held by him and supervised or invested as hereinbefore provided. Within thirty days after the passage of this Act, such guardian shall render and file with the Secretary of the Interior or the superintendent of the Osage Agency a complete accounting, fully itemized, under oath, for the funds so paid to him and pay to the said Secretary or superintendent any and all moneys in his hands at the time of the passage of this Act, which have been paid him in excess of $4,000 per annum each for adults and $2,000 each for minors. The said guardian shall at the same time tender to said Secretary or superintendent all property or whatsoever kind in his possession at the time of the passage of this Act, representing the investment by him of said funds. The Secretary or superintendent is hereby authorized to accept such property or any part thereof at the price paid therefore by said guardian for the benefit of the ward of such guardian, if in his judgment he deems it advisable, and to make such settlement with such guardian as he deems best for such ward. Failing to make satisfactory settlement with said guardian as to said investments or any part thereof, the Secretary is authorized to bring such suit or suits against said guardian, his bond, and other parties in interest as he may deem necessary for the protection of the interests of the ward and may bring such action in any State court of competent jurisdiction or in the United States district court for the district in which said guardian resides. "The Secretary of the Interior be, and is hereby, authorized, in his discretion, under such rules and regulations as he may prescribe, upon application of any member of the Osage Tribe of Indians not having a certificate of competency, to pay all or any part of the funds held in trust for such Indian: Provided, That the Secretary of the Interior shall, within one year after this Act is approved, pay to each enrolled Indian of less than half Osage blood, one-fifth part of his or her proportionate share of accumulated funds. And such Secretary shall on or before the expiration of ten years from the date of the approval of this Act, advance and pay over to such Osage Indians of less than one-half Osage Indian blood, all of the balance appearing to his credit of accumulated funds, and shall issue to such Indian a certificate of competency: And provided further, That nothing herein contained shall be construed to interfere in any way with the removal by the Secretary of the Interior of restrictions from and against any Osage Indian at any time. "Sec. 2. Upon the death of an Osage Indian who does not have a certificate of competency, his or her moneys and funds and other property accrued and accruing to his or her credit and which have heretofore been subject to supervision as provided by law may be paid to the administrator or executor of the estate of such deceased Indian or direct to his heirs or devisees, or may be retained by the Secretary of the Interior in the discretion of the Secretary of the Interior, under regulations to be promulgated by him: Provided, That the Secretary of the Interior shall pay to administrators and executors of the estates of such deceased Osage Indians a sufficient amount of money out of such estates to pay all lawful indebtedness and costs and expenses of administration when approved by him; and, out of the shares belonging to heirs or devisees, above referred to, he shall pay the costs and expenses of such heirs or devisees, including attorney fees, when approved by him, in the determination of heirs or contest of wills. Upon the death of any Osage Indian of less than one-half of Osage Indian blood or upon the death of an Osage Indian who has a certificate of competency, his moneys and funds and other property accrued and accruing to his credit shall be paid and delivered to the administrator or executor of his estate to be administered upon according to the laws of the State of Oklahoma: Provided, That upon the settlement of such estate any funds or property subject to the control or supervision of the Secretary of the Interior on the date of the approval of this Act, which have been inherited by or devised to any adult or minor heir or devisee who does not have a certificate of competency, and which have been paid or delivered by the Secretary of the Interior to the administrator or executor shall be paid or delivered by such administrator or executor to the Secretary of the Interior for the benefit of such Indian and shall be subject to the supervision of the Secretary as provided by law. "Sec. 3. Lands devised to members of the Osage Tribe who do not have certificates of competency, under wills approved by the Secretary of the Interior, and lands inherited by such Indians, shall be inalienable unless such lands be conveyed with the approval of the Secretary of the Interior. Property of Osage Indians not having certificates of competency purchased as hereinbefore set forth shall not be subject to the lien of any debt, claim, or judgment except taxes, or be subject to alienation, without the approval of the Secretary of the Interior. "Sec. 4. Whenever the Secretary of the Interior shall find that any member of the Osage Tribe, to whom has been granted a certificate of competency, is squandering or misusing his or her funds, he may revoke such certificate of competency after notice and hearing in accordance with such rules and regulations as he may prescribe, and thereafter the income of such member shall be subject to supervision and investment as herein provided for members not having certificates of competency to the same extent as if a certificate of competency had never been granted: Provided, That all just indebtedness of such member existing at the time his certificate of competency is revoked shall be paid by the Secretary of the Interior, or his authorized representative, out of the income of such member, in addition the quarterly income hereinbefore provided for: And provided further, That such revocation or cancellation of any certificate of competency shall not affect the legality of any transactions theretofore made by reason of the issuance of any certificate of competency. "Sec. 5. No person convicted of having taken, or convicted of causing or procuring another to take, the life of an Osage Indian shall inherit from or receive any interest in the estate of the decedent, regardless of where the crime was committed and the conviction obtained. "Sec. 6. No contract for debt hereafter made with a member of the Osage Tribe of Indians not having a certificate of competency, shall have any validity, unless approved by the Secretary of the Interior. In addition to the payment of funds heretofore authorized, the Secretary of the Interior is hereby authorized in his discretion to pay, out of the funds of a member of the Osage Tribe not having a certificate of competency, any indebtedness heretofore or hereafter incurred by such member by reason of his unlawful acts of carelessness or negligence. "Sec. 7. Except as provided in sections 5(d) and 7 of the Act approved October 21, 1978, and entitled 'An Act to amend certain laws relating to the Osage Tribe of Oklahoma, and for other purposes.', on or after October 21, 1978 [Pub. L. 95-496, set out above], none but heirs of Indian blood and children legally adopted by a court of competent jurisdiction and parents, Indian or non-Indian, shall inherit, in accordance with the laws of the State of Oklahoma relating to intestate succession from Osage Indians any right, title, or interest to any restricted land, moneys, or Osage headright or mineral interest. No adopted child of any Osage Indian who is not an Osage Indian shall be eligible to inherit, as the collateral heir (within the meaning of the laws of the State of Oklahoma relating to intestate succession) of any Osage Indian decedent, any property or interest in property held in trust by the Secretary of the Interior for the benefit of such decedent." Act Mar. 2, 1929, ch. 493, Sec. 5, 45 Stat. 1481, provided that: "The restrictions concerning lands and funds of allotted Osage Indians, as provided in this Act and all prior Acts now in force, shall apply to unallotted Osage Indians born since July 1, 1907, or after the passage of this Act, and to their heirs of Osage Indian blood, except that the provisions of section 6 of the Act of Congress approved February 27, 1925 [set out below], with reference to the validity of contracts for debt, shall not apply to any allotted or unallotted Osage Indian of less than one-half degree Indian blood: Provided, That the Osage lands and funds and any other property which has heretofore or which may hereafter be held in trust or under supervision of the United States for such Osage Indians of less than one-half degree Indian blood not having a certificate of competency shall not be subject to forced sale to satisfy any debt or obligation contracted or incurred prior to the issuance of a certificate of competency: Provided further, That the Secretary of the Interior is hereby authorized in his discretion to grant a certificate of competency to any unallotted Osage Indian when in the judgment of the said Secretary such member is fully competent and capable of transacting his or her own affair." Act Apr. 12, 1924, ch. 95, 43 Stat. 94, provided that any right to an interest in lands, money, or mineral interests, as provided in act June 28, 1906, ch. 3572, 34 Stat. 539 (Osage Indians), and in the amendatory and supplemental acts, vested in, determined, or adjudged to be the right or property of any person not an Indian by blood, may, with the approval of the Secretary of the Interior, and not otherwise, be sold, assigned, and transferred under such rules and regulations as the Secretary of the Interior may prescribe. PUEBLO INDIANS OF NEW MEXICO Act May 31, 1933, ch. 45, Secs. 4, 5, 6, 8, 9, 48 Stat. 109, 110, 111, in addition to authorizing appropriations to pay in part the liability of the United States to the Indian pueblos, provided: "Sec. 4. That for the purpose of safeguarding the interests and welfare of the tribe of Indians known as the Pueblo de Taos of New Mexico in the certain lands hereinafter described, upon which lands said Indians depend for water supply, forage for their domestic livestock, wood and timber for their personal use and as the scene of certain of their religious ceremonials, the Secretary of Agriculture may and he hereby is authorized and directed to designate and segregate said lands, which shall not thereafter be subject to entry under the land laws of the United States, and to thereafter grant to said Pueblo de Taos, upon application of the governor and council thereof, a permit to occupy said lands and use the resources thereof for the personal use and benefit of said tribe of Indians for a period of fifty years, with provision for subsequent renewals if the use and occupancy by said tribe of Indians shall continue, the provisions of the permit are met and the continued protection of the watershed is required by public interest. Such permit shall specifically provide for and safeguard all rights and equities hitherto established and enjoyed by said tribe of Indians under any contracts or agreements hitherto existing, shall authorize the free use of wood, forage, and lands for the personal or tribal needs of said Indians, shall define the conditions under which natural resources under the control of the Department of Agriculture not needed by said Indians shall be made available for commercial use by the Indians or others, and shall establish necessary and proper safeguards for the efficient supervision and operation of the area for national forest purposes and all other purposes herein stated, the area referred to being described as follows: "Beginning at the northeast corner of the Pueblo de Taos grant, thence northeasterly along the divide between Rio Pueblo de Taos and Rio Lucero and along the divide between Rio Pueblo de Taos and Red River to a point a half mile east of Rio Pueblo de Taos; thence southwesterly on a line half mile east of Rio Pueblo de Taos and parallel thereto to the northwest corner of township 25 north, range 15 east; thence south on the west boundary of township 25 north, range 15 east, to the divide between Rio Pueblo de Taos and Rio Fernandez de Taos; thence westerly along the divide to the east boundary of the Pueblo de Taos grant; thence north to the point of beginning; containing approximately thirty thousand acres, more or less. "Sec. 5. Except as otherwise provided herein the Secretary of the Interior shall disburse and expend the amounts of money herein authorized to be appropriated, in accordance with and under the terms and conditions of the Act approved June 7, 1924: Provided, however, That the Secretary be authorized to cause necessary surveys and investigations to be made promptly to ascertain the lands and water rights that can be purchased out of the foregoing appropriations and earlier appropriations made for the same purpose, with full authority to disburse said funds in the purchase of said lands and water rights without being limited to the appraised values thereof as fixed by the appraisers appointed by the Pueblo Lands Board appointed under said Act of June 7, 1924 [set out below] and all prior Acts limiting the Secretary of the Interior in the disbursement of said funds to the appraised value of said lands as fixed by said appraisers of said Pueblo Lands Board be, and the same are, expressly repealed: Provided further, That the Secretary of the Interior be, and he is hereby, authorized to disburse a portion of said funds for the purpose of securing options upon said lands and water rights and necessary abstracts of title thereof for the necessary period required to investigate titles and which may be required before disbursement can be authorized: Provided further, That the Secretary of the Interior be, and he is hereby, authorized, out of the appropriations of the foregoing amounts and out of the funds heretofore appropriated for the same purpose, to purchase any available lands within the several pueblos which in his discretion it is desirable to purchase, without waiting for the issuance of final patents directed to be issued under the provisions of the Act of June 7, 1924, where the right of said pueblos to bring independent suits, under the provisions of the Act of June 7, 1924, has expired; Provided further, That the Secretary of the Interior shall not make any expenditures out of the pueblo funds resulting from the appropriations set forth herein, or prior appropriations for the same purpose, without first obtaining the approval of the governing authorities of the pueblo affected: And provided further, That the governing authorities of any pueblo may initiate matters pertaining to the purchase of lands in behalf of their respective pueblos, which matters, or contracts relative thereto, will not be binding or concluded until approved by the Secretary of the Interior. "Sec. 6. Nothing in this Act shall be construed to prevent any pueblo from prosecuting independent suits as authorized under section 4 of the Act of June 7, 1924. The Secretary of the Interior is authorized to enter into contract with the several Pueblo Indian tribes, affected by the terms of this Act, in consideration of the authorization of appropriations contained in section 2 hereof, providing for the dismissal of pending and the abandonment of contemplated original proceedings, in law or equity, by, or in behalf of said Pueblo Indian tribes, under the provisions of section 4 of the Act of June 7, 1924, (43 Stat. L. 636), and the pueblo concerned may elect to accept the appropriations herein authorized, in the sums herein set forth, in full discharge of all claims to compensation under the terms of said Act, notifying the Secretary of the Interior in writing of its election so to do: Provided, That if said election by said pueblo be not made, said pueblo shall have one year from the date of this approval of the Act within which to file any independent suit authorized under section 4 of the Act of June 7, 1924, at the expiration of which period the right to file such suit shall expire by limitation: And provided further, That no ejectment suits shall be filed against non-Indians entitled to compensation under this Act, in less than six months after the sums herein authorized are appropriated. "Sec. 8. The attorney or attorneys for such Indian tribe or tribes shall be paid such fee as may be agreed upon by such attorney or attorneys and such Indian tribe or tribes, but in no case shall the fee be more than 10 per centum of the sum herein authorized to be appropriated for the benefit of such tribe or tribes, and such attorney's fees shall be disbursed by the Secretary of the Interior in accordance herewith out of any funds appropriated for said Indian tribe or tribes under the provisions of the Act of June 7, 1924 (43 Stat. L. 636), or this Act: Provided however, That 25 per centum of the amount agreed upon as attorneys' fees shall be retained by the Secretary of the Interior to be disbursed by him under the terms of the contract, subject to approval of the Secretary of the Interior, between said attorneys and said Indian tribes, providing for further services and expenses of said attorneys in furtherance of the objects set forth in section 19 of the Act of June 7, 1924. "Sec. 9. Nothing herein contained shall in any manner be construed to deprive any of the Pueblo Indians of a prior right to the use of water from streams running through or bordering on their respective pueblos for domestic, stock-water, and irrigation purposes for the lands remaining in Indian ownership, and such water rights shall not be subject to loss by nonuse or abandonment thereof as long as title to said lands shall remain in the Indians." Act June 7, 1924, ch. 331, 43 Stat. 636, as amended by act May 31, 1933, ch. 45, Sec. 7, 48 Stat. 111, provided: "That in order to quiet title to various lots, parcels, and tracts of land in the State of New Mexico for which claim shall be made by or on behalf of the Pueblo Indians of said State as hereinafter provided, the United States of America, in its sovereign capacity as guardian of said Pueblo Indians shall, by its Attorney General, file in the District Court of the United States for the District of New Mexico, its bill or bills of complaint with a prayer for discovery of the nature of any claim or claims of any kind whatsoever adverse to the claim of said Pueblo Indians, as hereinafter determined. "Sec. 2. That there shall be, and hereby is, established a board to be known as 'Pueblo Lands Board' to consist of the Secretary of the Interior, the Attorney General, each of whom may act through an assistant in all hearings, investigations, and deliberations in New Mexico, and a third member to be appointed by the President of the United States. The board shall be provided with suitable quarters in the city of Santa Fe&233;, New Mexico, and shall have power to require the presence of witnesses and the production of documents by subpoena, to employ a clerk who shall be empowered to administer oaths and take acknowledgments, shall employ such clerical assistance, interpreters, and stenographers with such compensation as the Attorney General shall deem adequate, and it shall be provided with such necessary supplies and equipment as it may require on requisitions to the Department of Justice. The compensation and allowance for travel and expenses of the member appointed by the President shall be fixed by the Attorney General. "It shall be the duty of said board to investigate, determine, and report and set forth by metes and bounds, illustrated where necessary by field notes and plats, the lands within the exterior boundaries of any land granted or confirmed to the Pueblo Indians of New Mexico by any authority of the United States of America, or any prior sovereignty, or acquired by said Indians as a community by purchase or otherwise, title to which the said board shall find not to have been extinguished in accordance with the provisions of this Act, and the board shall not include in their report any claims of non-Indian claimants who, in the opinion of said board after investigation, hold and occupy such claims of which they have had adverse possession, in accordance with the provisions of section 4 of this Act: Provided, however, That the board shall be unanimous in all decisions whereby it shall be determined that the Indian title has been extinguished. "The board shall report upon each pueblo as a separate unit and upon the completion of each report one copy shall be filed with the United States District Court for the District of New Mexico, one with the Attorney General of the United States, one with the Secretary of the Interior, and one with the Board of Indian Commissioners. "Sec. 3. That upon the filing of each report by the said board, the Attorney General shall forthwith cause to be filed in the United States District Court for the District of New Mexico, as provided in section 1 of this Act, a suit to quiet title to the lands described in said report as Indian lands the Indian title to which is determined by said report not to have been extinguished. "Sec. 4. That all persons claiming title to, or ownership of, any lands involved in any such suit, or suits, may in addition to any other legal or equitable defenses which they may have or have had under the laws of the Territory and State of New Mexico, plead limitation of action, as follows, to wit: "(a) That in themselves, their ancestors, grantors, privies, or predecessors in interest or claim of interest, they have had open, notorious, actual, exclusive, continuous, adverse possession of the premises claimed, under color of title from the 6th day of January, 1902, to the date of the passage of this Act, and have paid the taxes lawfully assessed and levied thereon to the extent required by the statutes of limitation, or adverse possession of the Territory or of the State of New Mexico, since the 6th day of January, 1902, to the date of the passage of this Act, except where the claimant was exempted or entitled to be exempted from such tax payment. "(b) That in themselves, their ancestors, grantors, privies, or predecessors in interest or claim of interest, they have had open, notorious, actual, exclusive, continuous, adverse possession of the premises claimed with claim of ownership, but without color of title from the 16th day of March, 1889, to the date of the passage of this Act, and have paid the taxes lawfully assessed and levied thereon to the extent required by the statutes of limitation or adverse possession of the Territory or of the State of New Mexico, from the 16th day of March, 1899, to the date of the passage of this Act, except where the claimant was exempted or entitled to be exempted from such tax payment. "Nothing in this Act contained shall be construed to impair or destroy any existing right of the Pueblo Indians of New Mexico to assert and maintain unaffected by the provisions of this Act their title and right to any land by original proceedings, either in law or equity, in any court of competent jurisdiction and any such right may be asserted at any time prior to the filing of the field notes and plats as provided in section 13 hereof, and jurisdiction with respect to any such original proceedings is hereby conferred upon the United States District Court for the District of New Mexico with right of review as in other cases: Provided, however, That any contract entered into with any attorney or attorneys by the Pueblo Indians of New Mexico, to carry on such litigation shall be subject to and in accordance with existing laws of the United States. "Sec. 5. The plea of such limitations, successfully maintained, shall entitle the claimants so pleading to a decree in favor of them, their heirs, executors, successors, and assigns for the premises so claimed by them, respectively, or so much thereof as may be established, which shall have the effect of a deed of quitclaim as against the United States and said Indians, and a decree in favor of claimants upon any other ground shall have a like effect. "The United States may plead in favor of the pueblo, or any individual Indian thereof, as the case might be, the said limitations hereinbefore defined. "Sec. 6. It shall be the further duty of the board to separately report in respect of each such pueblo - "(a) The area and character of any tract or tracts of land within the exterior boundaries of any land granted or confirmed to the Pueblo Indians of New Mexico and the extent, source, and character of any water right appurtenant thereto in possession of non-Indian claimants at the time of filing such report, which are not claimed for said Indians by any report of the board. "(b) Whether or not such tract or tracts of land or such water rights could be or could have been at any time recovered for said Indians by the United States by seasonable prosecution of any right of the United States or of said Indians. Seasonable prosecution is defined to mean prosecution by the United States within the same period of time as that within which suits to recover real property could have been brought under the limitation statutes of the Territory and State of New Mexico. "(c) The fair market value of said water rights and of said tract or tracts of land (exclusive of any improvements made therein or placed thereon by non-Indian claimants) whenever the board shall determine that such tract or tracts of land or such water rights could be or could have been at any time recovered for said Indians by the United States by seasonable prosecution of any right of the United States or of said Indians, and the amount of loss, if any, suffered by said Indians through failure of the United States seasonably to prosecute any such right. "The United States shall be liable, and the board shall award compensation, to the pueblo within the exterior boundaries of whose lands such tract or tracts of land shall be situated or to which such water rights shall have been appurtenant to the extent of any loss suffered by said Indians through failure of the United States seasonably to prosecute any right of the United States or of said Indians, subject to review as herein provided. Such report and award shall have the force and effect of a judicial finding and final judgment upon the question and amount of compensation due to the Pueblo Indians from the United States for such losses. Such report shall be filed simultaneously with and in like manner as the reports hereinbefore provided to be made and filed in section 2 of this Act. "At any time within sixty days after the filing of said report with the United States District Court for the District of New Mexico as herein provided the United States or any pueblo or Indians concerned therein or affected thereby may, in respect of any report upon liability or of any finding of amount or award of compensation set forth in such report, petition said court for judicial review of said report, specifying the portions thereof in which review is desired. Said court shall thereupon have jurisdiction to review, and shall review, such report, finding, or award in like manner as in the case of proceedings in equity. In any such proceeding the report of the board shall be prima facie evidence of the facts, the values, and the liability therein set forth, subject, however, to be rebutted by competent evidence. Any party in interest may offer evidence in support or in opposition to the findings in said report in any respect. Said court shall after hearing render its decision so soon as practicable, confirming, modifying, or rejecting said report or any part thereof. At any time within thirty days after such decision is rendered said court shall, upon petition of any party aggrieved, certify the portions of such report, review of which has been sought, together with the record in connection therewith, to the United States Circuit Court of Appeals for the Eighth Circuit, which shall have jurisdiction to consider, review, and decide all questions arising upon such report and record in like manner as in the case of appeals in equity, and its decision thereon shall be final. "Petition for review of any specific finding or award of compensation in any report shall not affect the finality of any findings nor delay the payment of any award set forth in such report, review of which shall not have been so sought, nor in any proceeding for review in any court under the provisions of this section shall costs be awarded against any party. "Sec. 7. It shall be the further duty of the board to investigate, ascertain, and report to the Secretary of the Interior who shall report to the Congress of the United States, together with his recommendation, the fair market value of lands, improvements appurtenant thereto, and water rights of non-Indian claimants who, in person or through their predecessors in title prior to January 6, 1912, in good faith and for a valuable consideration purchased and entered upon Indian lands under a claim of right based upon a deed or document purporting to convey title to the land claimed or upon a grant, or license from the governing body of a pueblo to said land, but fail to sustain such claim under the provisions of this Act, together with a statement of the loss in money value thereby suffered by such non-Indian claimants. Any lands lying within the exterior boundaries of the pueblo of Nambe land grant, which were conveyed to any holder or occupant thereof or his predecessor or predecessors in interest by the governing authorities of said pueblo, in writing, prior to January 6, 1912, shall unless found by said board to have been obtained through fraud or deception, be recognized as constituting valid claims by said board and by said courts, and disposed of in such manner as lands the Indian title to which has been determined to have been extinguished pursuant to the provisions of this Act: Provided, That nothing in this section contained with reference to the said Nambe Pueblo Indians shall be construed as depriving the said Indians of the right to impeach any such deed or conveyance for fraud or to have mistakes therein corrected through a suit in behalf of said pueblo or of an individual Indian under the provisions of this Act. "Sec. 8. It shall be the further duty of the board to investigate, ascertain, and report to the Secretary of the Interior the area and the value of the lands and improvements appurtenant thereto of non-Indian claimants within or adjacent to Pueblo Indian settlements or towns in New Mexico, title to which in such non-Indian claimants is valid and indefeasible, said report to include a finding as to the benefit to the Indians in anywise of the removal of such non-Indian claimants by purchase of their lands and improvements and the transfer of the same to the Indians, and the Secretary of the Interior shall report to Congress the facts with his recommendations in the premises. "Sec. 9. That all lands, the title to which is determined in said suit or suits, shall, where necessary, be surveyed and mapped under the direction of the Secretary of the Interior, at the expense of the United States, but such survey shall be subject to the approval of the judge of the United States District Court for the District of New Mexico, and if approved by said judge shall be filed in said court and become a part of the decree or decrees entered in said district court. "Sec. 10. That necessary costs in all original proceedings under this Act, to be determined by the court, shall be taxed against the United States and any party aggrieved by any final judgment or decree shall have the right to a review thereof by appeal or writ of error or other process, as in other cases, but upon such appeal being taken each party shall pay his own costs. "Sec. 11. That in the sense in which used in this Act the word 'purchase' shall be taken to mean the acquisition of community lands by the Indians other than by grant or donation from a sovereign. "Sec. 12. That any person claiming any interest in the premises involved but not impleaded in any such action may be made a party defendant thereto or may intervene in such action, setting up his claim in usual form. "Sec. 13. That as to all lands within the exterior boundaries of any lands granted or confirmed to the Pueblo Indians of New Mexico, by any authority of the United States of America or any prior sovereignty, or acquired by said Indians as a community by purchase or otherwise and which have not been claimed for said Indians by court proceedings then pending or the findings and report of the board as herein provided, the Secretary of the Interior at any time after two years after the filing of said reports of the board shall file field notes and plat for each pueblo in the office of the surveyor general of New Mexico at Santa Fe&233;, New Mexico, showing the lands to which the Indian title has been extinguished as in said report set out, but excluding therefrom lands claimed by or for the Indians in court proceedings then pending, and copies of said plat and field notes certified by the surveyor general of New Mexico as true and correct copies shall be accepted in any court as competent and conclusive evidence of the extinguishment of all the right, title, and interest of the Indians in and to the lands so described in said plat and field notes and of any claim of the United States in or to the same. And the Secretary of the Interior within thirty days after the Indians' right to bring independent suits under this Act shall have expired, shall cause notice to be published in some newspaper or newspapers of general circulation issued, if any there be, in the county wherein lie such lands claimed by non-Indian claimants, respectively, or wherein some part of such lands are situated, otherwise in some newspaper or newspapers of general circulation published nearest to such lands, once a week for five consecutive weeks, setting forth as nearly as may be the names of such non-Indian claimants of land holdings not claimed by or for the Indians as herein provided, with a description of such several holdings, as shown by a survey of Pueblo Indian lands heretofore made under the direction of the Secretary of the Interior and commonly known as the 'Joy Survey,' or as may be otherwise shown or defined by authority of the Secretary of the Interior, and requiring that any person or persons claiming such described parcel or parcels of land or any part thereof, adversely to the apparent claimant or claimants so named as aforesaid, or their heirs of assigns, shall, on or before the thirtieth day after the last publication of such notice, file his or their adverse claim in the United States Land Office in the land district wherein such parcel or parcels of land are situate, in the nature of a contest, stating the character and basis of such adverse claim, and notice of such contest shall be served upon the claimant or claimants named in the said notice, in the same manner as in cases of contest of homestead entries. If no such contest is instituted as aforesaid, the Secretary of the Interior shall issue to the claimant or claimants, or their heirs or assigns, a patent or other certificate of title for the parcel or parcels of land so described in said notice; but if a contest be filed it shall proceed and be heard and decided as contests of homestead entries are heard and decided under the rules and regulations of the General Land Office pertinent thereto. Upon such contest either party may claim the benefit of the provisions of section 4 of this Act to the same extent as if he were a party to a suit to quiet title brought under the provisions of this Act, and the successful party shall receive a patent or certificate of title for the land as to which he is successful in such proceeding. Any patent or certificate of title issued under the provisions of this Act shall have the effect only of a relinquishment by the United States of America and the said Indians. "If after such notice more than one person or group of persons united in interest makes claim in such land office adverse to the claimant or claimants named in the said notice, or to any other person or group of persons who may have filed such contest, each contestant shall be required to set forth the basis and nature of his respective claim, and thereupon the said claims shall be heard and decided as upon an original contest or intervention. "And in all cases any person or persons whose right to a given parcel or parcels of land has become fixed either by the action of the said board or the said court or in such contest may apply to the Commissioner of the General Land Office for a patent or certificate of title and receive the same without cost or charge. "Sec. 14. That if any non-Indian party to any such suit shall assert against the Indian title a claim based upon a Spanish or Mexican grant, and if the court should finally find that such claim by the non-Indian is superior to that of the Indian claim, no final decree or judgment of ouster of the said Indians shall be entered or writ of possession or assistance shall be allowed against said Indians, or any of them, or against the United States of America acting in their behalf. In such case the court shall ascertain the area and value of the land thus held by any non-Indian claimant under such superior title, excluding therefrom the area and value of lots or parcels of land the title to which has been found to be in other persons under the provisions of this Act: Provided, however, That any findings by the court under the provisions of this section may be reviewed on appeal or writ of error at the instance of any party aggrieved thereby, in the same manner, to the same extent, and with like effect as if such findings were a final judgment or decree. When such finding adverse to the Indian claim has become final, the Secretary of the Interior shall report to Congress the facts, including the area and value of the land so adjudged against the Indian claim, with his recommendations in the premises. "Sec. 15. That when any claimant, other than the United States for said Indians not covered by the report provided for in section 7 of this Act, fails to sustain his claim to any parcel of land within any Pueblo Indian grant, purchase, or donation under provisions of this Act, but has held and occupied any such parcel in good faith, claiming the same as his own, and the same has been improved, the value of the improvements upon the said parcel of land shall be found by the court and reported by the Secretary of the Interior to Congress, with his recommendations in the premises. "Sec. 16. That if the Secretary of the Interior deems it to be for the best interest of the Indians that any land adjudged by the court or said Lands Board against any claimant be sold, he may, with the consent of the governing authorities of the pueblo, order the sale thereof, under such regulations as he may make, to the highest bidder for cash; and if the buyer thereof be other than the losing claimant, the purchase price shall be used in paying to such losing claimant the adjudicated value of the improvements aforesaid, if found under the provisions of section 15 hereof, and the balance thereof, if any, shall be paid over to the proper officer, or officers, of the Indian community, but if the buyer be the losing claimant, and the value of his improvements has been adjudicated as aforesaid, such buyer shall be entitled to have credit upon his bid for the value of such improvements so adjudicated. "Sec. 17. No right, title, or interest in or to the lands of the Pueblo Indians of New Mexico to which their title has not been extinguished as hereinbefore determined shall hereafter be acquired or initiated by virtue of the laws of the State of New Mexico, or in any other manner except as may hereafter be provided by Congress, and no sale, grant, lease of any character, or other conveyance of lands, or any title or claim thereto, made by any pueblo as a community, or any Pueblo Indian living in a community of Pueblo Indians, in the State of New Mexico, shall be of any validity in law or in equity unless the same be first approved by the Secretary of the Interior. "Sec. 18. That the pleading, practice, procedure, and rules of evidence shall be the same in all causes arising under this Act as in other civil causes in the Federal courts, except as otherwise herein provided. "Sec. 19. That all sums of money which may hereafter be appropriated by the Congress of the United States for the purpose of paying in whole or in part any liability found or decreed under this Act from the United States to any pueblo or to any of the Indians of any pueblo, shall be paid over to the Bureau of Indian Affairs, which Bureau, under the direction of the Secretary of the Interior, shall use such moneys at such times and in such amounts as may seem wise and proper for the purpose of the purchase of lands and water rights to replace those which have been lost to said pueblo or to said Indians, or for purchase or construction of reservoirs, irrigation works, or the making of other permanent improvements upon, or for the benefit of lands held by said pueblo or said Indians." WHITE EARTH RESERVATION LAND SETTLEMENT Pub. L. 99-264, Mar. 24, 1986, 100 Stat. 61, as amended by Pub. L. 100-153, Sec. 6(a), (b), Nov. 5, 1987, 101 Stat. 887; Pub. L. 100-212, Sec. 4, Dec. 24, 1987, 101 Stat. 1443; Pub. L. 101-301, Sec. 8, May 24, 1990, 104 Stat. 210; Pub. L. 102-572, title IX, Sec. 902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-263, Sec. 4, May 31, 1994, 108 Stat. 708, provided: "That this Act may be cited as the 'White Earth Reservation Land Settlement Act of 1985'. "Sec. 2. The Congress finds that - "(1) claims on behalf of Indian allottees or heirs and the White Earth Band involving substantial amounts of land within the White Earth Indian Reservation in Minnesota are the subject of existing and potential lawsuits involving many and diverse interests in Minnesota, and are creating great hardship and uncertainty for government, Indian communities, and non-Indian communities; "(2) the lawsuits and uncertainty will result in great expense and expenditure of time, and could have a profound negative impact on the social and well-being of everyone on the reservation; "(3) the White Earth Band of Chippewa Indians, State of Minnesota, along with its political subdivisions, and other interested parties have made diligent efforts to fashion a settlement to these claims, and the Federal Government, by providing the assistance specified in this Act, will make possible the implementation of a permanent settlement with regard to these claims; "(4) past United States laws and policies have contributed to the uncertainty surrounding the claims; "(5) it is in the long-term interest of the United States, State of Minnesota, White Earth Band, Indians, and non-Indians for the United States to assist in the implementation of a fair and equitable settlement of these claims; and "(6) this Act will settle unresolved legal uncertainties relating to these claims. "Sec. 3. For purposes of this Act: "(a) 'Allotment' shall mean an allocation of land on the White Earth Reservation, Minnesota, granted, pursuant to the Act of January 14, 1889 (25 Stat. 642), and the Act of February 8, 1887 (24 Stat. 388) [see Short Title note above], to a Chippewa Indian. "(b) 'Allottee' shall mean the recipient of an allotment. "(c) 'Full blood' shall mean a Chippewa Indian of the White Earth Reservation, Minnesota, who was designated as a full blood Indian on the roll approved by the United States District Court for the District of Minnesota on October 1, 1920, or who was so designated by a decree of a Federal court of competent jurisdiction; it shall also refer to an individual who is not designated on said roll but who is the biological child of two full blood parents so designated on the roll or of one full blood parent so designated on the roll and one parent who was an Indian enrolled in any other federally recognized Indian tribe, band, or community. "(d) 'Inherited' shall mean received as a result of testate or intestate succession or any combination of testate or intestate succession, which succession shall be determined by the Secretary of the Interior or his authorized representative. "(e) 'Mixed blood' shall mean a Chippewa Indian of the White Earth Reservation, Minnesota, who was designated as a mixed blood Indian on the roll approved by the United States District Court of Minnesota on October 1, 1920, unless designated a full blood by decree of a Federal court of competent jurisdiction; it shall also refer to any descendants of an individual who was listed on said roll providing the descendant was not a full blood under the definition in subsection (c) of this section. The term 'mixed blood' shall not include an Indian enrolled in any federally recognized Indian tribe, band, or community other than the White Earth Band. "(f) 'Tax forfeited' shall mean an allotment which, pursuant to State law, was declared forfeited for nonpayment of real property taxes and purportedly transferred directly to the State of Minnesota or to private parties or governmental entities. "(g) 'Majority' shall mean the age of twenty-one years or older. "(h) 'Secretary' shall mean the Secretary of the Interior or his/or her authorized representative. "(i) 'Trust period' shall mean the period during which the United States held an allotment in trust for the allottee or the allottee's heirs. For the purpose of this Act, the Executive Order Numbered 4642 of May 5, 1927, Executive Order Numbered 5768 of December 10, 1931, and Executive Order Numbered 5953 of November 23, 1932, shall be deemed to have extended trust periods on all allotments or interests therein the trust periods for which would otherwise have expired in 1927, 1932, or 1933, notwithstanding the issuance of any fee patents for which there were no applications, and if such allotments were not specifically exempted from the Executive orders; and the Indian Reorganization Act of June 18, 1934 [see Short Title note set out under section 461 of this title], shall be deemed to have extended indefinitely trust periods on all allotments or interests therein the trust periods for which would otherwise have expired on June 18, 1934, or at any time thereafter. Said Executive orders and Act shall be deemed not to have extended the trust period for allotments or interests which were sold or mortgaged by adult mixed bloods, by non-Indians, or with the approval of the Secretary, or for allotments or interests which were sold or mortgaged by anyone where such sale or mortgage was the subject of litigation in Federal court which proceeded to a judgment on the merits and where the outcome of such litigation did not vacate or void said sale or mortgage. "(j) 'Interest', except where such item is used in conjunction with 'compound', shall mean a fractional holding, less than the whole, held in an allotment. "(k) 'Adult' shall mean having attained the age of majority. "(l) 'Heir' means a person who received or was entitled to receive an allotment or interest as a result of testate or intestate succession under applicable Federal or Minnesota law, or one who is determined under section 9, by the application of the inheritance laws of Minnesota in effect on March 26, 1986 (not including laws relating to spousal allowance and maintenance payments), to be entitled to receive compensation payable under section 8. "(m) 'Transfer' includes but is not limited to any voluntary or involuntary sale, mortgage, tax forfeiture or conveyance pursuant to State law; any transaction the purpose of which was to effect a sale, mortgage, tax forfeiture or conveyance pursuant to State law; any Act, event, or circumstance that resulted in a change of title to, possession of, dominion over, or control of an allotment or interest therein. "Sec. 4. (a) The provisions of this Act shall apply to the following allotments: "(1) allotments which were never sold or mortgaged by the allottees or by their heirs and which were tax forfeited during the trust period; "(2) allotments which were sold or mortgaged during the trust period, without the approval of the Secretary, by the allottees prior to having attained majority, and were never again sold or mortgaged either by the allottees upon their having attained majority or by heirs of the allottees; "(3) allotments which were sold or mortgaged during the trust period by full blood allottees without the approval of the Secretary, and were never again the subject of a sale or mortgage by heirs of the allottees; and "(4) allotments which were never sold or mortgaged by the allottees, but which subsequent to the deaths of the allottees, purportedly were sold or mortgaged, during the trust period, by administrators, executors, or representatives, operating under authority from State courts, and were never again the subject of a sale or mortgage by heirs of the allottees. "(b) The provisions of this Act shall also apply to the following allotments or interests in allotments: "(1) allotments or interests which were inherited by full or mixed bloods who never sold or mortgaged their allotments or interests or by Indians enrolled in other federally recognized Indian tribes, bands, or communities who never sold or mortgaged their allotments or interests, where the allotments or interests were tax forfeited during the trust period; "(2) allotments or interests which were inherited by mixed bloods under the age of majority and which were sold or mortgaged during the trust period without the approval of the Secretary prior to such mixed bloods having attained majority, but which were never again sold or mortgaged by them upon having attained majority or by their heirs; "(3) allotments or interests which were inherited by full bloods or by Indians enrolled in other federally recognized Indian tribes, bands, or communities, who sold or mortgaged such allotments or interests during the trust period without the approval of the Secretary; "(4) allotments or interests which were inherited by full or mixed bloods who never sold or mortgaged their allotments or interests, but which, subsequent to the deaths of such heirs, were sold or mortgaged during the trust period by administrators, operating under authority from State courts; "(5) allotments or interests which were owned by allottees or which were inherited by full or mixed bloods for whom guardians were appointed by State courts, which guardians sold or mortgaged the allotments or interests during the trust period without the approval of the Secretary; "(6) interests which were inherited by full or mixed bloods who never sold or mortgaged their interests during the trust period, even though other interests in the same allotment were sold by other heirs where the land comprising the allotment has been claimed in full by other parties adversely to the full or mixed bloods who never sold or mortgaged their interests; and "(7) allotments or interests which were inherited by full or mixed bloods or by Indians enrolled in other federally recognized Indian tribes, bands, or communities which were never sold or mortgaged during the trust period but which were purportedly distributed by State court probate proceedings to other individuals. "(c) This Act shall not apply to - "(1) any allotment or interest the sale or mortgage of which was the subject of litigation which proceeded to a judgment on the merits in Federal courts and where the outcome of such litigation was other than vacating and voiding such sale or mortgage; "(2) any allotment or interest which was tax forfeited subsequent to the date on which the tax exemption was declared by a Federal court to have expired; "(3) any allotment or interest which was sold, mortgaged, or tax forfeited after the expiration of the trust period; or "(4) any allotment or interest which was sold or mortgaged at any time by an adult mixed blood Indian. Nothing in this Act is intended to question the validity of the transactions relating to allotments or interests as described in section 4(c), and such allotments and interests are declared to be outside the scope of this Act. "Sec. 5. (a) Any determination of the heirs of any person holding an allotment or interest, made by the courts of the State of Minnesota, which is filed with the proper county recording officer prior to May 9, 1979, shall be deemed to have effectively transferred the title of the decedent in the allotment or interest to the heirs so determined unless a separate determination of heirs has been made by the Secretary before the effective date of this Act [Mar. 24, 1986] and such determination has been filed with the proper county recording officer within six months after the effective date of this Act. Nothing in this subsection shall be construed to remove any allotment described in section 4 from the compensation provided for in the Act. "(b) The 'proper county recording officer', as that term is used in subsection (a) of this section, shall be a county recorder, registrar of titles, or probate court in Becker, Clearwater, or Mahnomen Counties, Minnesota. "(c) As to any allotment which was granted to an allottee who had died prior to the selection date of the allotment, the granting of such allotment is hereby ratified and confirmed, and shall be of the same effect as if the allotment had been selected by the allottee before the allottee's death: Provided, That the White Earth Band of Chippewa Indians shall be compensated for such allotments in the manner provided in sections 6, 7, and 8. "(d) As to any allotment that was made under the provisions of the Treaty of March 19, 1867 (16 Stat. 719), and which was reallotted under the provisions of the Act of January 14, 1889 (25 Stat. 642), such reallotment is hereby ratified and confirmed. "Sec. 6. (a) As soon as the conditions set forth in section 10 of this Act have been met, the Secretary shall publish a certification in the Federal Register that such conditions have been met. After such publication, any allotment or interest which the Secretary, in accordance with this Act, determines falls within the provisions of section 4(a), 4(b), or 5(c), the tax forfeiture, sale, mortgage, or other transfer, as described therein, shall be deemed to have been made in accordance with the Constitution and all laws of the United States specifically applicable to transfers of allotments or interests held by the United States in trust for Indians, and Congress hereby does approve and ratify any such transfer effective as of the date of said transfer, subject to the provisions of section 6(c). Compensation for loss of allotments or interests resulting from this approval and ratification shall be determined and processed according to the provisions of section 8. "(b) By virtue of the approval and ratification of transfers of allotments or interests therein effected by this section, all claims against the United States, the State of Minnesota or any subdivisions thereof, or any other person or entity, by the White Earth Band, its members, or by any other Indian tribe or Indian, or any successors in interest thereof, arising out of, and at the time of or subsequent to, the transfers described in section 4(a), 4(b), or 5(c) and based on any interest in or nontreaty rights involving such allotments or interests therein, shall be deemed never to have existed as of the date of the transfer, subject to the provisions of this Act. "(c) Notwithstanding any provision of law other than the provisions of this section, any action in any court to recover title or damages relating to transactions described in section 4(a), 4(b), 5(a) or 5(c), shall be forever barred unless the complaint is filed not later than one hundred and eighty days following enactment of this Act [Mar. 24, 1986], or prior to the publication required by section 6(a) whichever occurs later in time: Provided, That immediately upon the date of enactment of this Act any such action on behalf of the White Earth Band of Chippewa Indians shall be forever barred, unless the publication required by section 6(a) does not take place within two years of the date of enactment of this Act in which case the bar of any such action on behalf of the White Earth Band of Chippewa Indians shall be deemed lifted and nullified: Provided further, That the Secretary shall not issue to the White Earth Band any report rejecting litigation nor submit to Congress any legislation report pursuant to section 2415 of title 28, United States Code, relating to transactions described in section 4(a), 4(b), 5(a) or 5(c) of this Act, until and unless the bar against actions on behalf of the White Earth Band is lifted and nullified. Any such action filed within the time period allowed by this subsection shall not be barred; however, the filing of any such action by an allottee, heir, or others entitled to compensation under this Act shall bar such allottee, heir, or others from receiving compensation pursuant to the provisions of section 8. The United States District Court for the District of Minnesota shall have exclusive jurisdiction over any such action otherwise properly filed within the time allowed by this subsection. "(d) This section shall not bar an heir, allottee, or any other person entitled to compensation under this Act from maintaining an action, based on the transactions described in section 4(a), 4(b), 5(a), or 5(c), against the United States in the Court of Federal Claims pursuant to the Tucker Act, section 1491 of title 28, United States Code, challenging the constitutional adequacy of the compensation provisions of section 8(a) as they apply to a particular allotment or interest: Provided, That such action shall be filed with the Court of Federal Claims not later than one hundred and eighty days after the issuance of the notice of the Secretary's compensation determination as provided in section 8(c). If such an action is not filed within the one-hundred-and-eighty-day period, it shall be forever barred. The United States hereby waives any sovereign immunity defense it may have to such an action but does not waive any other defenses it may have to such action. The filing of an action by any heir, allottee, or any other person under the provisions of this section shall bar such person forever from receiving compensation pursuant to the provisions of section 8. "Sec. 7. (a) The Secretary is hereby authorized to and shall diligently investigate to the maximum extent practicable all White Earth allotments and shall determine which allotments or interest fall within any of the provisions of section 4(a), 4(b), or 5(c). As to all such allotments or interests determined to be within the provisions of section 4(a), 4(b), or 5(c), the Secretary shall prepare lists of such allotments or interests, which shall include allotment number, land description, and allottee's name, in English and Ojibway where available. A first list shall be published within one hundred and eighty days after the date of enactment of this Act [Mar. 24, 1986] in the Federal Register; in a newspaper of general circulation in Mahnomen County, Minnesota; in a newspaper of general circulation in Becker County, Minnesota; in a newspaper of general circulation in Clearwater County, Minnesota; in one newspaper of general circulation in metropolitan Minneapolis-Saint Paul; and, in the Secretary's discretion, in any appropriate band or tribal newspaper. Publication in the required newspapers shall take place no later than thirty days after publication in the Federal Register. "(b) Any tribe, band, or group of Indians, or any individual shall have one year after the date of publication in the Federal Register to submit to the Secretary any additional allotments or interests which the tribe, band, group, or individual believes should fall within any of the provisions of section 4(a), 4(b), or 5(c). The Secretary, without such submissions, may also independently determine that additional allotments or interests fall within such provisions. Any additional allotments or interests submitted to the Secretary shall be accompanied by a statement identifying the allotment or interest and its land description and summarizing the reasons why it should be added to the list required by this section. "(c) The Secretary shall determine which additional allotments or interests fall within the provisions of section 4(a), 4(b), or 5(c), and not later than March 12, 1989, the Secretary shall publish a second list in the Federal Register and previously required newspapers of the allotments or interests the Secretary has determined should be corrected or added to the first published list. "(d) Any determination made by the Secretary under this section to include an allotment or interest on the first list required by the section to be published in the Federal Register may be judicially reviewed pursuant to the Administrative Procedure Act [5 U.S.C. 701 et seq.] not later than ninety days of the publication date of the first list of the Federal Register. Any such action not filed within such ninety-day period shall be forever barred. Any determination made by the Secretary to include an allotment or interest on the second list required by this section to be published in the Federal Register, or any determination made by the Secretary not to include an allotment or interest on such list, may be judicially reviewed pursuant to the Administrative Procedure Act within ninety days of the publication date of the second list in the Federal Register. Any such action not filed within such ninety-day period shall be forever barred. Exclusive jurisdiction over actions under this subdivision is hereby vested in the United States District Court for the District of Minnesota. "(e)(1) After publication of the second list under subsection (c), the Secretary may, at any time, add allotments or interests to that second list if the Secretary determines that the additional allotment or interest falls within the provisions of section 5(c) or subsection (a) or (b) of section 4. "(2) The Secretary shall publish in the Federal Register notice of any additions made under paragraph (1) to the second list published under subsection (c). "(3) Any determination made by the Secretary to add an allotment or interest under paragraph (1) to the second list published under subsection (c) may be judicially reviewed in accordance with chapter 7 of title 5, United States Code, within 90 days after the date on which notice of such determination is published in the Federal Register under paragraph (2). Any legal action challenging such a determination that is not filed within such 90-day period shall be forever barred. Exclusive jurisdiction over any legal action challenging such a determination is vested in the United States District Court for the District of Minnesota. "(f)(1) The Secretary is authorized to make a one-time deletion from the second list published under subsection (c) or any subsequent list published under subsection (e) of any allotments or interests which the Secretary has determined do not fall within the provisions of subsection (a) or (b) of section 4, or subsection (c) of section 5, or which the Secretary has determined were erroneously included in such list by reason of misdescription or typographical error. "(2) The Secretary shall publish in the Federal Register notice of deletions made from the second list published under subsection (c) or any subsequent list published under subsection (e). "(3) The determination made by the Secretary to delete an allotment or interest under paragraph (1) may be judicially reviewed in accordance with chapter 7 of title 5, United States Code, within 90 days after the date on which notice of such determination is published in the Federal Register under paragraph (2). Any legal action challenging such a determination that is not filed within such 90-day period shall be forever barred. Exclusive jurisdiction over any legal action challenging such a determination is vested in the United States District Court for the District of Minnesota. "Sec. 8. (a) Compensation for a loss of an allotment or interest shall be the fair market value of the land interest therein as of the date of tax forfeiture, sale, allotment, mortgage, or other transfer described in section 4(a), 4(b), or 5(c), less any compensation actually received, plus interest compounded annually at 5 per centum from the date of said loss of an allotment or interest until the date of enactment of this Act [Mar. 24, 1986], and at the general rate of interest earned by United States Department of the Interior funds thereafter. A determination of compensation actually received shall be supported by Federal, State, or local public documents filed contemporaneously with the transaction or by clear and convincing evidence. Compensation actually received shall not be subtracted from the fair market value in any instance where an allotment or interest was sold or mortgaged by a full or mixed blood, under the age of eighteen years, or in any instance where there is prima facie evidence that fraud occurred in a sale or mortgage. No compensation for loss of an allotment or interest relating to transfers described in section 4(b) shall be granted to any person or the heirs of such person where such allotment or interest was received pursuant to State court probate proceedings and where also it has been or is determined by the Secretary that such person or heirs were not entitled to inherit the allotment or interest. "(b) For the purpose of this section, the date of transfer applicable to interests described in section 4(b)(6) shall be the last date on which any interest in the subject allotment was transferred by document of record by any other heir of the allottee; and the date of transfer applicable to allotments described in section 5(c) shall be the selection date. For purposes of this section, the Secretary shall establish the fair market value of various types of land for various years, which shall govern the compensation payable under this section unless a claimant demonstrates that a particular allotment or interest had a value materially different from the value established by the Secretary. "(c) The Secretary shall provide written notice of the Secretary's compensation determination to the allottees or heirs entitled thereto. Such notice shall describe the basis for the Secretary's determination, the applicable time limits for judicial review of the determination, and the process whereby such compensation will be distributed. The Secretary shall proceed to make such heirship determinations as may be necessary to provide the notice required by this section: Provided, That the Secretary shall accept as conclusive evidence of heirship any determination of the courts of the State of Minnesota as provided in section 5(a) of this Act: Provided further, That the Secretary shall give written notice only to those allottees or heirs whose addresses can be ascertained by reasonable and diligent efforts; otherwise such notice shall be given by publication in the Federal Register. "(d) The Secretary's administrative determination of the appropriate amount of compensation computed pursuant to the provisions of this Act may be judicially reviewed pursuant to the Administrative Procedure Act [5 U.S.C. 701 et seq.] not later than one hundred and eighty days after the issuance of notice as aforesaid; after such time the Secretary's determination shall be conclusive and all judicial review shall be barred. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the District of Minnesota. "(e) Once a compensation determination has become conclusive according to the provisions of subsection (d), the Secretary shall certify such determination to the Secretary of the Treasury and such conclusive determination shall be treated as a final judgment, award or, compromise settlement under the provisions of title 31, United States Code, section 1304. The Secretary of the Treasury is authorized and directed to pay out of the funds in the Treasury into a separate interest bearing White Earth Settlement Fund account the amount certified by the Secretary of the Interior in each case. The Secretary of the Interior shall then make a diligent effort to locate each allottee or heir; however, if, after two years from the date on which a determination becomes conclusive an allottee or heir cannot be located, the Secretary of the Interior shall declare the amount owing to such allottee or heir forfeited. "(f) Any and all amounts forfeited pursuant to subsection (e) together with the interest accumulated thereon, pursuant to section 8 shall be transferred annually to the fund established under section 12 for the White Earth Band. "Sec. 9. The Secretary shall determine the heirs, if heretofore undetermined, or modify the inventory of an existing heirship determination of any full or mixed blood or Indian enrolled in any other federally recognized Indian tribe, band, or community, where appropriate for the purposes of this Act: Provided, That the Secretary shall accept any determination of heirship by the courts of the State of Minnesota as provided in section 5(a) of this Act. "Sec. 10. (a) The provisions of section 6 of this Act shall take effect upon the publication in the Federal Register by the Secretary of certification that the following conditions have been satisfied: "(1) The State of Minnesota, in accordance with Laws of Minnesota 1984, chapter 539, has entered into an agreement with the Secretary providing for the transfer of ten thousand acres of land within the exterior boundaries of the White Earth Reservation to the United States to hold in trust for the White Earth Band of Chippewa Indians as the State's contribution to the settlement provided for by this Act. The Secretary shall not enter into such an agreement until the Secretary determines, or the authorized governing body of the band certifies to the Secretary in writing, that the agreement will result in the transfer of ten thousand acres which possess reasonable value for the White Earth Band, including but not limited to value for agricultural, recreational, forestry, commercial, residential, industrial, or general land consolidation purposes. The land transferred pursuant to this subsection shall be accepted by the United States subject to all existing accesses, roads, easements, rights of way, or similar uses unless the Governor and Attorney General of the State of Minnesota certify in writing to the Secretary the State's intent to abandon such uses on a particular parcel. "(2) The State, in accordance with the Laws of Minnesota 1984, chapter 539, has appropriated $500,000 for the purpose of providing the United States with technical and computer assistance for implementing the settlement provided for in this Act. "(3) The United States has appropriated $6,600,000 for economic development for the benefit of the White Earth Band of Chippewa Indians. "(b) Upon final acceptance by the Secretary, the land referred to in subsection (a)(1) shall be deemed to have been reserved as of the date of the establishment of the White Earth Reservation and to be part of the trust land of the White Earth Reservation for all purposes. "Sec. 11. Nothing in this Act is intended to alter the jurisdiction currently possessed by the White Earth Band of Chippewa Indians, the State of Minnesota, or the United States over Indians or non-Indians within the exterior boundaries of the White Earth Reservation. "Sec. 12. (a) There is established in the Treasury of the United States a fund to be known as the White Earth Economic Development and Tribal Government Fund. Money in this Fund shall be held in trust by the United States for the White Earth Band of Chippewa Indians, and shall be invested and managed by the Secretary in the same manner as tribal trust funds pursuant to the Act of June 24, 1938 (25 U.S.C. 162a). "(b) The White Earth Economic Development and Tribal Government Fund shall consist of - "(1) money received by the White Earth Band as compensation pursuant to section 8; and "(2) money received by the White Earth Band as a result of amounts forfeited pursuant to section 8(f); and "(3) money received as an appropriation pursuant to section 15; and "(4) income accruing on such sums. Income accruing to the White Earth Economic Development and Tribal Government Fund shall, without further appropriation, be available for expenditure as provided in subsection (c). "(c) Income from the fund may be used by the authorized governing body of the band for band administration. Principal and income may be used by the authorized governing body of the band for economic development, land acquisition, and investments: Provided, however, That under no circumstances shall any portion of the moneys described in subsection (b) be used for per capita payments to any members of the band: Provided further, That none of the funds described in subsection (b) shall be expended by the governing body of the band until - "(1) such body has adopted a band financial ordinance and investment plan for the use of such funds; and "(2) such body has submitted to the Secretary a waiver of liability on the part of the United States for any loss resulting from the use of such funds; and "(3) the Secretary has approved the band financial ordinance and investment plan. The Secretary shall approve or reject in writing such ordinance and plan within sixty days of the date it is mailed or otherwise submitted to him: Provided, That such ordinance and plan shall be deemed approved if, sixty days after submission, the Secretary has not so approved or rejected it. The Secretary shall approve the ordinance and plan if it adequately contains the element specified in this subsection. "Sec. 13. Notwithstanding any other law to the contrary, the United States grants its permission to the State of Minnesota to transfer land to the White Earth Band as described in section 10(a)(1) which prior to the date of enactment of this Act [Mar. 24, 1986] may have been obtained by the State pursuant to other Federal law or with Federal assistance. Any restrictions or conditions imposed by any other Federal law or regulation on the transfer of such land are hereby waived and removed. "Sec. 14. Not later than five years, or as soon as possible, after the date of enactment of this Act [Mar. 24, 1986], the Secretary shall make all determinations, provide all notices, and complete the administrative work necessary to accomplish the objectives of this Act. The Secretary shall give priority in making compensation determinations and payments under this Act to original allottees and elderly heirs. The Secretary shall submit a report by January 1 of each year to the chairman of the House of Representatives Committee on Interior and Insular Affairs [now Committee on Natural Resources] and the chairman of the Senate Committee on Indian Affairs, which report shall summarize the administrative progress to date and shall estimate the amount and nature of work left to be done. "Sec. 15. There are hereby authorized to be appropriated to the White Earth Band $6,600,000 as a grant to be expended as provided in section 12. "Sec. 16. None of the moneys which are distributed under this Act shall be subject to Federal or State income taxes or be considered as income or resources in determining eligibility for or the amount of assistance under the Social Security Act [42 U.S.C. 301 et seq.] or any other federally assisted program. "Sec. 17. The Secretary is authorized, if so requested by the authorized governing body of the White Earth Band, to exchange any of the land which is transferred to the United States as described in section 10(a)(1) for any other land within the exterior boundaries of the White Earth Reservation which is owned by the United States, the State of Minnesota, or any of the State's political subdivisions. Nothing in this section shall be deemed to require an exchange not agreed to by all parties to the exchange. "Sec. 18. Any lands acquired by the White Earth Band within the exterior boundaries of the White Earth Reservation with funds referred to in section 12, or by the Secretary pursuant to section 17, shall be held in trust by the United States. Such lands shall be deemed to have been reserved from the date of the establishment of said reservation and to be part of the trust land of the White Earth Band for all purposes." WINNEBAGO RESERVATION, NEBRASKA Act Mar. 3, 1925, ch. 431, 43 Stat. 1114, provided: "That the Secretary of the Interior be, and he is hereby, authorized in his discretion, to cancel any restricted fee patents that have been issued to Indians of the Winnebago Reservation in Nebraska, under the provisions of the Act of Congress of February 21, 1863 (Twelfth Statutes at Large, page 658), and to issue in lieu thereof, to the original allottees, or heirs, trust patents of the form and subject to all the provisions set out in the general allotment act of February 8, 1887 (Twenty-fourth Statutes at Large, page 388), as amended: Provided, That the trust period shall be ten years from the date of issuance of the lieu trust patents." -SECREF- ACT REFERRED TO IN OTHER SECTIONS The Indian General Allotment Act is referred to in sections 334, 335, 339, 340, 341, 342, 348, 349, 350, 352b, 354, 358 of this title; title 43 section 1617. -End- -CITE- 25 USC Secs. 332, 333 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Secs. 332, 333. Repealed. Pub. L. 106-462, title I, Sec. 106(a)(1), Nov. 7, 2000, 114 Stat. 2007 -MISC1- Section 332, act Feb. 8, 1887, ch. 119, Sec. 2, 24 Stat. 388, related to selection of allotments. Section 333, acts Feb. 8, 1887, ch. 119, Sec. 3, 24 Stat. 389; June 25, 1910, ch. 431, Sec. 9, 36 Stat. 858; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to making of allotments by agents. -End- -CITE- 25 USC Sec. 334 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 334. Allotments to Indians not residing on reservations -STATUTE- Where any Indian not residing upon a reservation, or for whose tribe no reservation has been provided by treaty, act of Congress, or executive order, shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her, and to his or her children, in quantities and manner as provided in this act for Indians residing upon reservations; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands in the manner and with the restrictions as provided in sections 348 and 349 of this title. And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them, from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Secretary of the Interior or such officer as he may designate, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior. -SOURCE- (Feb. 8, 1887, ch. 119, Sec. 4, 24 Stat. 389; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -REFTEXT- REFERENCES IN TEXT This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, and is popularly known as the Indian General Allotment Act. For classification of this act to the Code, see Short Title note set out under section 331 of this title and Tables. The words "provided in sections 348 and 349 of this title", referred to in text, were in the original "as herein provided". -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. "Secretary of the Interior or such officer as he may designate" substituted in text for "Commissioner of the General Land Office" on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5. -MISC1- PERMANENT APPROPRIATION; REPEALS Effective July 1, 1935, the permanent appropriation provided for in the last sentence of this section was repealed by act June 26, 1934, ch. 756, Sec. 1, 48 Stat. 1225. -End- -CITE- 25 USC Sec. 335 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 335. Extension of provisions as to allotments -STATUTE- Unless otherwise specifically provided, the provisions of the Act of February 8, 1887 (Twenty-fourth Statutes at Large, page 388), as amended, are extended to all lands heretofore purchased or which may be purchased by authority of Congress for the use or benefit of any individual Indian or band or tribe of Indians. -SOURCE- (Feb. 14, 1923, ch. 76, 42 Stat. 1246.) -REFTEXT- REFERENCES IN TEXT Act of February 8, 1887, referred to in text, is popularly known as the Indian General Allotment Act. For classification of this Act to the Code, see Short Title note set out under section 331 of this title and Tables. -End- -CITE- 25 USC Sec. 336 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 336. Allotments to Indians making settlement -STATUTE- Where any Indian entitled to allotment under existing laws shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her and to his or her children in manner as provided by law for allotments to Indians residing upon reservations, and such allotments to Indians on the public domain as herein provided shall be made in such areas as the President may deem proper, not to exceed, however, forty acres of irrigable land or eighty acres of nonirrigable agricultural land or one hundred sixty acres of nonirrigable grazing land to any one Indian; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto, and patent shall be issued to them for such lands in the manner and with the restrictions provided in sections 348 and 349 of this title. And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Secretary of the Interior or such officer as he may designate, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior. -SOURCE- (Feb. 28, 1891, ch. 383, Sec. 4, 26 Stat. 795; June 25, 1910, ch. 431, Sec. 17, 36 Stat. 860; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -REFTEXT- REFERENCES IN TEXT Words "restrictions provided in sections 348 and 349 of this title", referred to in text, were in the original "restrictions provided in the Act of which this is amendatory". That Act is act Feb. 8, 1887 (24 Stat. 388), popularly known as the Indian General Allotment Act. For classification of that Act to the Code, see Short Title note set out under section 331 of this title and Tables. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. "Secretary of the Interior or such officer as he may designate" substituted in text for "Commissioner of the General Land Office" on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5. -MISC1- PERMANENT APPROPRIATION; REPEALS Effective July 1, 1935, the permanent appropriation provided for in the last sentence of this section was repealed by act June 26, 1934, ch. 756, Sec. 1, 48 Stat. 1225. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 371, 406, 564h, 697, 747, 797, 843 of this title. -End- -CITE- 25 USC Sec. 337 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 337. Allotments in national forests -STATUTE- The Secretary of the Interior is authorized, in his discretion, to make allotments within the national forests in conformity with the general allotment laws, to any Indian occupying, living on, or having improvements on land included within any such national forest who is not entitled to an allotment on any existing Indian reservation, or for whose tribe no reservation has been provided, or whose reservation was not sufficient to afford an allotment to each member thereof. All applications for allotments under the provisions of this section shall be submitted to the Secretary of Agriculture who shall determine whether the lands applied for are more valuable for agricultural or grazing purposes than for the timber found thereon; and if it be found that the lands applied for are more valuable for agricultural or grazing purposes, then the Secretary of the Interior shall cause allotment to be made as herein provided. -SOURCE- (June 25, 1910, ch. 431, Sec. 31, 36 Stat. 863.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 406, 564h, 697, 747 of this title; title 43 section 1617. -End- -CITE- 25 USC Sec. 337a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 337a. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787 -MISC1- Section, act Mar. 1, 1933, ch. 160, Sec. 1, 47 Stat. 1418, related to Indian allotments in San Juan County, Utah. EFFECTIVE DATE OF REPEAL Section 702 of Pub. L. 94-579 provided that this section is repealed effective on and after Oct. 21, 1976, except such effective date to be on and after the tenth anniversary of the date of approval of this Act, Oct. 21, 1976, insofar as the homestead laws apply to public lands in Alaska. SAVINGS PROVISION Repeal by Pub. L. 94-579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, title VII, Oct. 21, 1976, 90 Stat. 2786, set out as a note under section 1701 of Title 43, Public Lands. -End- -CITE- 25 USC Sec. 338 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 338. Repealed. May 29, 1928, ch. 901, Sec. 1(64), 45 Stat. 991 -MISC1- Section, act Apr. 4, 1910, ch. 140, Sec. 1, 36 Stat. 270, required Secretary of the Interior to submit to Congress a cost account of survey and allotment work. -End- -CITE- 25 USC Sec. 339 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 339. Tribes excepted from certain provisions -STATUTE- The provisions of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in Oklahoma, nor to any of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south added by Executive order. -SOURCE- (Feb. 8, 1887, ch. 119, Sec. 8, 24 Stat. 391.) -REFTEXT- REFERENCES IN TEXT This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, and is popularly known as the Indian General Allotment Act. For classification of this act to the Code, see Short Title note set out under section 331 of this title and Tables. -MISC1- SACS AND FOXES; MISSOURI INDIANS No allotment of lands was to be made or annuities of money to be paid to any of the Sacs and Foxes of the Missouri Indians who were not enrolled as members of the tribe on Jan. 1, 1890, by a proviso annexed to act Feb. 28, 1891, ch. 383, Sec. 5, 26 Stat. 796. -End- -CITE- 25 USC Sec. 340 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 340. Extension of certain provisions -STATUTE- The provisions of the Act of February 8, 1887, are declared to extend to and are made applicable to the Confederated Wea, Peoria, Kaskaskia, and Piankeshaw tribes of Indians, and the Western Miami tribe of Indians, located in the northeastern part of the former Indian Territory and to their reservation, in the same manner and to the same extent as if said tribes had not been excepted from the provisions of said act, except as to section 349 of this title, and as otherwise hereinafter provided. -SOURCE- (Mar. 2, 1889, ch. 422, Sec. 1, 25 Stat. 1013.) -REFTEXT- REFERENCES IN TEXT Act of February 8, 1887, referred to in text, was in the original "chapter One hundred and Nineteen of the acts of eighteen hundred and eighty seven, entitled 'An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes,' ". The Act appears in 24 Stat. 388, and is popularly known as the Indian General Allotment Act. For classification of this Act to the Code, see Short Title note set out under section 331 of this title and Tables. -End- -CITE- 25 USC Sec. 341 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 341. Power to grant rights-of-way not affected -STATUTE- Nothing in this act shall be so construed as to affect the right and power of Congress to grant the right of way through any lands granted to an Indian, or a tribe of Indians, for railroads or other highways, or telegraph lines, for the public use, or to condemn such lands to public uses, upon making just compensation. -SOURCE- (Feb. 8, 1887, ch. 119, Sec. 10, 24 Stat. 391.) -REFTEXT- REFERENCES IN TEXT This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, and is popularly known as the Indian General Allotment Act. For classification of this act to the Code, see Short Title note set out under section 331 of this title and Tables. -End- -CITE- 25 USC Sec. 342 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 342. Removal of Southern Utes to new reservation -STATUTE- Nothing in this act shall be so construed as to prevent the removal of the Southern Ute Indians from their present reservation in southwestern Colorado to a new reservation by and with the consent of a majority of the adult male members of said tribe. -SOURCE- (Feb. 8, 1887, ch. 119, Sec. 11, 24 Stat. 391.) -REFTEXT- REFERENCES IN TEXT This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, and is popularly known as the Indian General Allotment Act. For classification of this act to the Code, see Short Title note set out under section 331 of this title and Tables. -End- -CITE- 25 USC Sec. 343 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 343. Correction of errors in allotments and patents -STATUTE- In all cases where it shall appear that a double allotment of land has been wrongfully or erroneously made by the Secretary of the Interior to any Indian by an assumed name or otherwise, or where a mistake has been made in the description of the land inserted in any patent, said Secretary is authorized and directed, during the time that the United States may hold the title to the land in trust for any such Indian, and for which a conditional patent may have been issued, to rectify and correct such mistakes and cancel any patent which may have been thus erroneously and wrongfully issued whenever in his opinion the same ought to be canceled for error in the issue thereof, and if possession of the original patent cannot be obtained, such cancellation shall be effective if made upon the records of the Bureau of Land Management; and no proclamation shall be necessary to open to settlement the lands to which such an erroneous allotment patent has been canceled, provided such lands would otherwise be subject to entry: And provided, That such lands shall not be open to settlement for sixty days after such cancellation: And further provided, That no conditional patent that has been or that may be executed in favor of any Indian allottee, excepting in cases hereinbefore authorized, and excepting in cases where the conditional patent is relinquished by the patentee or his heirs to take another allotment, shall be subject to cancellation without authority of Congress. -SOURCE- (Jan. 26, 1895, ch. 50, 28 Stat. 641; Apr. 23, 1904, ch. 1489, 33 Stat. 297; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. "Bureau of Land Management" substituted in text for "General Land Office" on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5. -End- -CITE- 25 USC Sec. 344 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 344. Cancellation of allotment of unsuitable land -STATUTE- If any Indian of a tribe whose surplus lands have been ceded or opened to disposal has received an allotment embracing lands unsuitable for allotment purposes, such allotment may be canceled and other unappropriated, unoccupied, and unreserved land of equal area, within the ceded portions of the reservation upon which such Indian belongs, allotted to him upon the same terms and with the same restrictions as the original allotment, and lands described in any such canceled allotment shall be disposed of as other ceded lands of such reservation. This provision shall not apply to the lands formerly comprising Indian Territory. The Secretary of the Interior is authorized to prescribe rules and regulations to carry this law into effect. -SOURCE- (Mar. 3, 1909, ch. 263, 35 Stat. 784.) -End- -CITE- 25 USC Sec. 344a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 344a. Repealed. Act Nov. 24, 1942, ch. 640, Sec. 4, 56 Stat. 1022 -MISC1- Section, act June 25, 1910, ch. 431, Sec. 12, 36 Stat. 858, authorized Secretary of the Interior to investigate the allotment in the name of a deceased Indian and to recommend to Congress the cancellation of such Indian's patent if he died without heirs. -End- -CITE- 25 USC Sec. 345 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 345. Actions for allotments -STATUTE- All persons who are in whole or in part of Indian blood or descent who are entitled to an allotment of land under any law of Congress, or who claim to be so entitled to land under any allotment Act or under any grant made by Congress, or who claim to have been unlawfully denied or excluded from any allotment or any parcel of land to which they claim to be lawfully entitled by virtue of any Act of Congress, may commence and prosecute or defend any action, suit, or proceeding in relation to their right thereto in the proper district court of the United States; and said district courts are given jurisdiction to try and determine any action, suit, or proceeding arising within their respective jurisdictions involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty (and in said suit the parties thereto shall be the claimant as plaintiff and the United States as party defendant); and the judgment or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him, but this provision shall not apply to any lands now held by either of the Five Civilized Tribes, nor to any of the lands within the Quapaw Indian Agency: Provided, That the right of appeal shall be allowed to either party as in other cases. -SOURCE- (Aug. 15, 1894, ch. 290, Sec. 1, 28 Stat. 305; Feb. 6, 1901, ch. 217, Sec. 1, 31 Stat. 760; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167.) -STATAMEND- REPEAL OF SECTION AS TO OSAGE INDIANS Act June 28, 1906, ch. 3572, Sec. 1, 34 Stat. 540, provided in part that: "the provisions of the Act of Congress of August fifteenth, eighteen hundred and ninety-four, Twenty-eighth Statutes at Large, page three hundred and five [this section], granting persons of Indian blood who have been denied allotments the right to appeal to the courts, are hereby repealed as far as the same relate to the Osage Indians; and the tribal lands and tribal funds of said tribe shall be equally divided among the members of said tribe as hereinafter provided". -COD- CODIFICATION Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 346 of this title. -End- -CITE- 25 USC Sec. 346 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 346. Proceedings in actions for allotments -STATUTE- The plaintiff shall cause a copy of his petition filed under section 345 of this title, to be served upon the United States attorney in the district wherein suit is brought, and shall mail a copy of same, by registered letter, to the Attorney General of the United States, and shall thereupon cause to be filed with the clerk of the court wherein suit is instituted an affidavit of such service and the mailing of such letter. It shall be the duty of the United States attorney upon whom service of petition is made as aforesaid to appear and defend the interests of the Government in the suit, and within sixty days after the service of petition upon him, unless the time should be extended by order of the court made in the case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counterclaim, set-off, claim for damages, or other demand or defense whatsoever of the Government in the premises: Provided, That should the United States attorney neglect or refuse to file the plea, answer, demurrer, or defense, as required, the plaintiff may proceed with the case under such rules as the court may adopt in the premises; but the plaintiff shall not have judgment or decree for his claim, or any part thereof, unless he shall establish the same by proof satisfactory to the court. -SOURCE- (Feb. 6, 1901, ch. 217, Sec. 2, 31 Stat. 760; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.) -CHANGE- CHANGE OF NAME "United States attorney" substituted in text for "district attorney of the United States" on authority of act June 25, 1948. See section 541 of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 25 USC Sec. 347 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 347. Limitations of actions for lands patented in severalty under treaties -STATUTE- In all actions brought in any State court or United States court by any patentee, his heirs, grantees, or any person claiming under such patentee, for the possession or rents or profits of lands patented in severalty to the members of any tribe of Indians under any treaty between it and the United States of America, where a deed has been approved by the Secretary of the Interior to the land sought to be recovered, the statutes of limitations of the States in which said land is situate shall be held to apply, and it shall be a complete defense to such action that the same has not been brought within the time prescribed by the statutes of said State the same as if such action had been brought for the recovery of land patented to others than members of any tribe of Indians. -SOURCE- (May 31, 1902, ch. 946, Sec. 1, 32 Stat. 284.) -End- -CITE- 25 USC Sec. 348 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 348. Patents to be held in trust; descent and partition -STATUTE- Upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever: Provided, That the President of the United States may in any case in his discretion extend the period. And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided, That the law of descent in force in the State or Territory where such lands are situate shall apply thereto after patents therefor have been executed and delivered, except as provided by the Indian Land Consolidation Act [25 U.S.C. 2201 et seq.] or a tribal probate code approved under such Act and except as herein otherwise provided: And provided further, That at any time after lands have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the best interests of said tribe, it shall be lawful for the Secretary of the Interior to negotiate with such Indian tribe for the purchase and release by said tribe, in conformity with the treaty or statute under which such reservation is held, of such portions of its reservation not allotted as such tribe shall, from time to time, consent to sell, on such terms and conditions as shall be considered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Congress, and the form and manner of executing such release shall also be prescribed by Congress: Provided, however, That all lands adapted to agriculture, with or without irrigation so sold or released to the United States by any Indian tribe shall be held by the United States for the sole purpose of securing homes to actual settlers and shall be disposed of by the United States to actual and bona fide settlers only in tracts not exceeding one hundred and sixty acres to any one person, on such terms as Congress shall prescribe, subject to grants which Congress may make in aid of education: And provided further, That no patents shall issue therefor except to the person so taking the same as and for a homestead, or his heirs, and after the expiration of five years' occupancy thereof as such homestead; and any conveyance of said lands so taken as a homestead, or any contract touching the same, or lien thereon, created prior to the date of such patent, shall be null and void. And the sums agreed to be paid by the United States as purchase money for any portion of any such reservation shall be held in the Treasury of the United States for the sole use of the tribe or tribes of Indians; to whom such reservations belonged; and the same, with interest thereon at 3 per centum per annum, shall be at all times subject to appropriation by Congress for the education and civilization of such tribe or tribes of Indians or the members thereof. The patents aforesaid shall be recorded in the Bureau of Land Management, and afterwards delivered, free of charge, to the allottee entitled thereto. And if any religious society or other organization was occupying on February 8, 1887, any of the public lands to which this act is applicable, for religious or educational work among the Indians, the Secretary of the Interior is authorized to confirm such occupation to such society or organization, in quantity not exceeding one hundred and sixty acres in any one tract, so long as the same shall be so occupied, on such terms as he shall deem just; but nothing herein contained shall change or alter any claim of such society for religious or educational purposes heretofore granted by law. And in the employment of Indian police, or any other employees in the public service among any of the Indian tribes or bands affected by this act, and where Indians can perform the duties required, those Indians who have availed themselves of the provisions of this act and become citizens of the United States shall be preferred. Provided further, That whenever the Secretary of the Interior shall be satisfied that any of the Indians of the Siletz Indian Reservation, in the State of Oregon, fully capable of managing their own business affairs, and being of the age of twenty-one years or upward, shall, through inheritance or otherwise, become the owner of more than eighty acres of land upon said reservation, he shall cause patents to be issued to such Indian or Indians for all of such lands over and above the eighty acres thereof. Said patent or patents shall be issued for the least valuable portions of said lands, and the same shall be discharged of any trust and free of all charge, incumbrance, or restriction whatsoever; and the Secretary of the Interior is authorized and directed to ascertain, as soon as shall be practicable, whether any of said Indians of the Siletz Reservation should receive patents conveying in fee lands to them under the provisions of this Act. -SOURCE- (Feb. 8, 1887, ch. 119, Sec. 5, 24 Stat. 389; Mar. 3, 1901, ch. 832, Sec. 9, 31 Stat. 1085; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 106-462, title I, Sec. 106(a)(2), Nov. 7, 2000, 114 Stat. 2007.) -REFTEXT- REFERENCES IN TEXT This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, and is popularly known as the Indian General Allotment Act. For classification of this act to the Code, see Short Title note set out under section 331 of this title and Tables. The Indian Land Consolidation Act, referred to in text, is title II of Pub. L. 97-459, Jan. 12, 1983, 96 Stat. 2517, as amended, which is classified generally to chapter 24 (Sec. 2201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. -MISC1- AMENDMENTS 2000 - Pub. L. 106-462, in second proviso of first par., struck out "and partition" after "law of descent" and substituted "except as provided by the Indian Land Consolidation Act or a tribal probate code approved under such Act and except as herein otherwise provided:" for "except as herein otherwise provided:". -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. "Bureau of Land Management" substituted in text for "General Land Office" on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5. DELEGATION OF FUNCTIONS For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President. -MISC2- EXTENSION OF TRUST PERIODS The periods of trust applying to Indian lands, whether of a tribal or individual status, which would expire during the years 1943 to 1950, were extended for a further period of twenty-five years, respectively, by Ex. Ord. No. 9272, Nov. 17, 1942, 7 F.R. 9475; Ex. Ord. No. 9398, Nov. 25, 1943, 8 F.R. 16269; Ex. Ord. No. 9500, Nov. 14, 1944, 9 F.R. 13699; Ex. Ord. No. 9659, Nov. 21, 1945, 10 F.R. 14353; Ex. Ord. No. 9811, Dec. 17, 1946, 11 F.R. 14483; Ex. Ord. No. 9920, Jan. 8, 1948, 13 F.R. 143; Ex. Ord. No. 10027, Jan. 7, 1949, 14 F.R. 107; Ex. Ord. No 10091, Dec. 11, 1949, 14 F.R. 7513. -EXEC- EX. ORD. NO. 10191. EXTENSION OF TRUST PERIODS ON INDIAN LANDS EXPIRING DURING 1951 Ex. Ord. No. 10191, Dec. 13, 1950, 15 F.R. 8889, provided: By virtue of and pursuant to the authority vested in me by section 5 of the act of February 8, 1887, 24 Stat. 388, 389 [this section], by the act of June 21, 1906, 34 Stat. 325, 326, and by the act of March 2, 1917, 39 Stat. 969, 976, and other applicable provisions of law, it is hereby ordered that the periods of trust or other restrictions against alienation contained in any patent applying to Indian lands, whether of a tribal or individual status, which, unless extended, will expire during the calendar year 1951, be, and they are hereby, extended for a further period of twenty-five years from the date on which any such trust would otherwise expire. This order is not intended to apply to any case in which the Congress has specifically reserved to itself authority to extend the period of trust on tribal or individual Indian lands. Harry S Truman. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 334, 336, 348a, 349, 371 of this title. -End- -CITE- 25 USC Sec. 348a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 348a. Extension of trust period for Indians of Klamath River Reservation -STATUTE- The period of trust on lands allotted to Indians of the Klamath River Reservation, California, which expired July 31, 1919, and the legal title to which is still in the United States, is reimposed and extended for a period of twenty-five years from July 31, 1919: Provided, That further extension of the period of trust may be made by the President, in his discretion, as provided by section 348 and section 391 of this title. -SOURCE- (Dec. 24, 1942, ch. 814, 56 Stat. 1081.) -End- -CITE- 25 USC Sec. 349 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 349. Patents in fee to allottees -STATUTE- At the expiration of the trust period and when the lands have been conveyed to the Indians by patent in fee, as provided in section 348 of this title, then each and every allottee shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law: Provided, That the Secretary of the Interior may, in his discretion, and he is authorized, whenever he shall be satisfied that any Indian allottee is competent and capable of managing his or her affairs at any time to cause to be issued to such allottee a patent in fee simple, and thereafter all restrictions as to sale, incumbrance, or taxation of said land shall be removed and said land shall not be liable to the satisfaction of any debt contracted prior to the issuing of such patent: Provided further, That until the issuance of fee-simple patents all allottees to whom trust patents shall be issued shall be subject to the exclusive jurisdiction of the United States: And provided further, That the provisions of this Act shall not extend to any Indians in the former Indian Territory. -SOURCE- (Feb. 8, 1887, ch. 119, Sec. 6, 24 Stat. 390; May 8, 1906, ch. 2348, 34 Stat. 182.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, and is popularly known as the Indian General Allotment Act. For classification of this Act to the Code, see Short Title note set out under section 331 of this title and Tables. -COD- CODIFICATION Provisions relating to the grant of citizenship to certain Indians born within the territorial limits of the United States were omitted in view of act June 2, 1924, ch. 233, 43 Stat. 253, which granted citizenship to all non-citizen Indians born within the territorial limits of the United States. See section 1401 of Title 8, Aliens and Nationality. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 334, 336, 340 of this title. -End- -CITE- 25 USC Sec. 350 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 350. Surrender of patent, and selection of other land -STATUTE- The Secretary of the Interior is authorized, in his discretion, and whenever for good and sufficient reason he shall consider it to be for the best interest of the Indians, in making allotments under the act of February 8, 1887, to permit any Indian to whom a patent has been issued for land on the reservation to which such Indian belongs, under treaty or existing law, to surrender such patent with formal relinquishment by such Indian to the United States of all his or her right, title, and interest in the land conveyed thereby, properly indorsed thereon, and to cancel such surrendered patent: Provided, That the Indian so surrendering the same shall make a selection, in lieu thereof, of other land and receive patent therefor, under the provisions of the act of February 8, 1887. -SOURCE- (Oct. 19, 1888, ch. 1214, Sec. 2, 25 Stat. 612.) -REFTEXT- REFERENCES IN TEXT Act of February 8, 1887, referred to in text, was in the original "the statute aforesaid" and "the act of February eighth, eighteen hundred and eighty-seven", respectively. The act appears in 24 Stat. 388, and is popularly known as the Indian General Allotment Act. For classification of this act to the Code, see Short Title note set out under section 331 of this title and Tables. -End- -CITE- 25 USC Sec. 351 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 351. Patents with restrictions for lots in villages in Washington -STATUTE- The Secretary of the Interior is authorized, whenever in his opinion it shall be conducive to the best welfare and interest of the Indians living within any Indian village on any of the Indian reservations in the State of Washington to issue a patent to each of said Indians for the village or town lot occupied by him, which patent shall contain restrictions against the alienation of the lot described therein to persons other than members of the tribe, except on approval of the Secretary of the Interior; and if any such Indian shall die subsequent to June 25, 1910, and before receiving patent to the lot occupied by him, the lot to which such Indian would have been entitled if living shall be patented in his name and shall be disposed of as provided for in section 372 of this title. -SOURCE- (June 25, 1910, ch. 431, Sec. 10, 36 Stat. 858.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 406, 564h, 697, 747 of this title; title 43 section 1617. -End- -CITE- 25 USC Sec. 352 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 352. Cancellation of trust patents within power or reservoir sites -STATUTE- The Secretary of the Interior, after notice and hearing, is authorized to cancel trust patents issued to Indian allottees for allotments within any power or reservoir site and for allotments or such portions of allotments as are located upon or include lands set aside, reserved, or required within any Indian reservation for irrigation purposes under authority of Congress: Provided, That any Indian allottee whose allotment shall be so canceled shall be reimbursed for all improvements on his canceled allotment, out of any moneys available for the construction of the irrigation project for which the said power or reservoir site may be set aside: Provided further, That any Indian allottee whose allotment, or part thereof, is so canceled shall be allotted land of equal value within the area subject to irrigation by any such project. -SOURCE- (June 25, 1910, ch. 431, Sec. 14, 36 Stat. 859.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 406, 564h, 697, 747 of this title; title 43 section 1617. -End- -CITE- 25 USC Sec. 352a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 352a. Cancellation of patents in fee simple for allotments held in trust -STATUTE- The Secretary of the Interior is authorized, in his discretion, to cancel any patent in fee simple issued to an Indian allottee or to his heirs before the end of the period of trust described in the original or trust patent issued to such allottee, or before the expiration of any extension of such period of trust by the President, where such patent in fee simple was issued without the consent or an application therefor by the allottee or by his heirs: Provided, That the patentee has not mortgaged or sold any part of the land described in such patent: Provided also, That upon cancellation of such patent in fee simple the land shall have the same status as though such fee patent had never been issued. -SOURCE- (Feb. 26, 1927, ch. 215, Sec. 1, 44 Stat. 1247.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 352b of this title. -End- -CITE- 25 USC Sec. 352b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 352b. Partial cancellation; issuance of new trust patents -STATUTE- Where patents in fee have been issued for Indian allotments, during the trust period, without application by or consent of the patentees, and such patentees or Indian heirs have sold a part of the land included in the patents, or have mortgaged the lands or any part thereof and such mortgages have been satisfied, such lands remaining undisposed of and without incumbrance by the patentees, or Indian heirs, may be given a trust patent status and the Secretary of the Interior is, on application of the allottee or his or her Indian heirs, hereby authorized, in his discretion, to cancel patents in fee so far as they cover such unsold lands not encumbered by mortgage, and to cause new trust patents to be issued therefor, to the allottees or their Indian heirs, of the form and legal effect as provided by the Act of February 8, 1887 (24 Stat. 388), such patents to be effective from the date of the original trust patents, and the land shall be subject to any extensions of the trust made by Executive order on other allotments of members of the same tribe, and such lands shall have the same status as though such fee patents had never been issued: Provided, That this section and section 352a of this title shall not apply where any such lands have been sold for unpaid taxes assessed after the date of a mortgage or deed executed by the patentee or his heirs, or sold in execution of a judgment for debt incurred after date of such mortgage or deed, and the period of redemption has expired. -SOURCE- (Feb. 26, 1927, ch. 215, Sec. 2, as added Feb. 21, 1931, ch. 271, 46 Stat. 1205.) -REFTEXT- REFERENCES IN TEXT Act of February 8, 1887, referred to in text, is popularly known as the Indian General Allotment Act. For classification of this Act to the Code, see Short Title note set out under section 331 of this title and Tables. -End- -CITE- 25 USC Sec. 352c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 352c. Reimbursement of allottees or heirs for taxes paid on lands patented in fee before end of trust -STATUTE- The Secretary of the Interior is hereby authorized, under such rules and regulations as he may prescribe, to reimburse Indian allottees, or Indian heirs or Indian devisees of allottees, for all taxes paid, including penalties and interest, on so much of their allotted lands as have been patented in fee prior to the expiration of the period of trust without application by or consent of the patentee: Provided, That if the Indian allottee, or his or her Indian heirs or Indian devisees, have by their own act accepted such patent, no reimbursement shall be made for taxes paid, including penalties and interest, subsequent to acceptance of the patent: Provided further, That the fact of such acceptance shall be determined by the Secretary of the Interior. In any case in which a claim against a State, county, or political subdivision thereof, for taxes collected upon such lands during the trust period has been reduced to judgment and such judgment remains unsatisfied in whole or in part, the Secretary of the Interior is authorized, upon reimbursement by him to the Indian of the amount of taxes including penalties and interest paid thereon, and upon payment by the judgment debtor of the costs of the suit, to cause such judgment to be released: Provided further, That in any case, upon submission of adequate proof, the claims for taxes paid by or on behalf of the patentee or his Indian heirs or Indian devisees have been satisfied, in whole or in part, by the State, county, or political subdivision thereof, the Secretary of the Interior is authorized to reimburse the State, county, or political subdivision for such amounts as may have been paid by them. -SOURCE- (June 11, 1940, ch. 315, Sec. 1, 54 Stat. 298; Feb. 10, 1942, ch. 56, Sec. 1, 56 Stat. 87.) -MISC1- AMENDMENTS 1942 - Act Feb. 10, 1942, inserted two provisos to first par., substituted in first par. "Indian allottees, or Indian heirs or Indian devisees of allottees" and "have been patented" for "Indian allottees and Indian heirs of allottees" and "having been patented", struck out from first par. ", has been or may be restored to trust status through cancellation of the fee patent by the Secretary of the Interior" after "consent of the patentee", designated as second par, the two provisos of original par., inserted in second par. "in whole or in part" after "remains unsatisfied" and substituted in second par. "during the trust period" and "by the judgment debtor" for "while the patent in fee was outstanding" and "by the State, county, or political subdivision thereof" and in proviso ", upon submission of adequate proof, the claims for taxes paid by or on behalf of the patentee or his Indian heirs or Indian devisees have been satisfied, in whole or in part, by the State, county, or political subdivision thereof, the Secretary of the Interior is authorized to reimburse the State, county, or political subdivision for such amounts as may have been paid by them" for "in which a claim has been reduced to judgment and such judgment has been satisfied, the Secretary of the Interior is authorized, upon proof of satisfaction thereof, to reimburse the State, county, or political subdivision thereof, for the actual amount of the judgment, exclusive of the costs of litigation". APPROPRIATIONS Section 2 of act Feb. 10, 1942, authorized appropriations to remain available until expended. -End- -CITE- 25 USC Sec. 353 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 353. Sections inapplicable to certain tribes -STATUTE- The provisions of this Act shall not apply to the Osage Indians, nor to the Five Civilized Tribes, in Oklahoma. Where deeds to tribal lands in the Five Civilized Tribes have been or may be issued, in pursuance of any tribal agreement or Act of Congress, to a person who had died, or who dies before the approval of such deed, the title to the land designated therein shall inure to and become vested in the heirs, devisees, or assigns of such deceased grantee as if the deed had issued to the deceased grantee during life. -SOURCE- (June 25, 1910, ch. 431, Secs. 32, 33, 36 Stat. 863.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 25, 1910, ch. 431, 36 Stat. 855, as amended, which enacted sections 47, 93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, sections 6a-1 and 16a of Title 41, Public Contracts, and section 148 of Title 43, Public Lands, and amended sections 191, 312, 331, 333, and 336 of this title and sections 104 and 107 of former Title 18, Criminal Code and Criminal Procedure. Sections 104 and 107 of former Title 18 were repealed and reenacted as sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION The first and second sentences are from sections 33 and 32, respectively of act June 25, 1910. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 406, 564h, 697, 747 of this title; title 43 section 1617. -End- -CITE- 25 USC Sec. 354 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 354. Lands not liable for debts prior to final patent -STATUTE- No lands acquired under the provisions of this Act shall, in any event, become liable to the satisfaction of any debt contracted prior to the issuing of the final patent in fee therefor. -SOURCE- (Feb. 8, 1887, ch. 119, as added June 21, 1906, ch. 3504, 34 Stat. 327.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, and is popularly known as the Indian General Allotment Act. For classification of this Act to the Code, see Short Title note set out under section 331 of this title and Tables. -End- -CITE- 25 USC Sec. 355 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 355. Laws applicable to lands of full-blooded members of Five Civilized Tribes -STATUTE- The lands of full-blooded members of any of the Five Civilized Tribes are made subject to the laws of the State of Oklahoma, providing for the partition of real estate. Any land allotted in such proceedings to a full-blood Indian, or conveyed to him upon his election to take the same at the appraisement, shall remain subject to all restrictions upon alienation and taxation obtaining prior to such partition. In case of a sale under any decree, or partition, the conveyance thereunder shall operate to relieve the land described of all restrictions of every character. -SOURCE- (June 14, 1918, ch. 101, Sec. 2, 40 Stat. 606.) -MISC1- CHOCTAW TRIBE; SALE OF LANDS AND INTERESTS THEREIN; TRANSFER TO TRIBAL CORPORATION OR FOUNDATION; PER CAPITA DISTRIBUTION Pub. L. 91-386, Sec. 1, Aug. 24, 1970, 84 Stat. 828, repealed Pub. L. 86-192, Secs. 1-12, Aug. 25, 1959, 73 Stat. 420, as amended by Pub. L. 87-609, Secs. 1, 2, Aug. 24, 1962, 76 Stat. 405; Pub. L. 89-107, Aug. 4, 1965, 79 Stat. 432; Pub. L. 90-476, Aug. 11, 1968, 82 Stat. 703, which provided for termination of Federal supervision over affairs of the Choctaw Tribe, including termination of eligibility of individual Choctaw members for certain Federal services and benefits provided Indians because of their status as Indians; authority to establish a trustee, corporation, or other legal entity under State law as a successor in interest to the tribal entity; and authority for Secretary of the Interior to sell land and interest in land owned by the Choctaw Tribe for benefit of the tribe, to convey to the successor entity certain lands and mineral interests of the Choctaw Tribe, and to distribute per capita funds held by the United States for benefit of the Choctaw Tribe. Section 2 of Pub. L. 91-386 provided that: "Repeal of the Act of August 25, 1959 [see note above] shall not be construed to abrogate, impair, annul, or otherwise affect any right or interest which may have vested under the provisions of said Act nor shall repeal affect any legal action pending on the date of enactment of this Act [Aug. 24, 1970]." EXTENSION OF PERIOD OF RESTRICTIONS ON LANDS Act Aug. 11, 1955, ch. 786, 69 Stat. 666, extended for the lives of the Indians who own lands the period of restrictions against alienation, lease, mortgage, or other encumbrance of land; provided for application to Secretary of the Interior for removal of restrictions; authorized the Secretary, without application, to remove restrictions on lands of Indians who are able to manage their own affairs; permitted proceeding in county court where Secretary disapproved or failed to either approve or disapprove the application for removal; granted right of appeal; required Secretary to turn over full ownership and control of any money and property held in trust when an order removing restrictions becomes effective; and, continued existing exemptions from taxation that constitute a vested property right. REMOVAL OF LAND RESTRICTION AT DEATH; APPROVAL OF CONVEYANCE; JURISDICTION OF OKLAHOMA STATE COURTS; TAX EXEMPTION Act Aug. 4, 1947, ch. 458, 61 Stat. 731, provided that death removed restrictions on land; clarified the laws relating to the approval of conveyances of restricted lands; defined the jurisdiction of Oklahoma State courts over certain classes of Indian litigation; set out the procedure governing the removal of cases to the Federal courts and authorized appeals from orders of remand; and limited the tax-exempt acreage of restricted Indian lands. Section 6(e) of act Aug. 4, 1947, was amended by act Aug. 12, 1953, ch. 409, Sec. 2, 67 Stat. 558, by permitting the filing of a list of nontaxable lands that have been sold during the preceding year, instead of cumulative lists showing all restricted lands of the Five Civilized Tribes that are tax exempt. VALIDATION OF LAND TITLES AND COURT JUDGMENTS Act July 2, 1945, ch. 223, 59 Stat. 313, validated titles to certain lands conveyed by the Indians of the Five Civilized Tribes on and after April 26, 1931, and prior to July 2, 1945; amended act Jan. 27, 1933, ch. 23, 47 Stat. 777, by limiting restrictions on the alienation of lands or interests in lands acquired by inheritance, devise, or in any other manner where such lands or interests were not restricted against alienation at the time of acquisition, and all conveyances executed after Jan. 27, 1937, and prior to July 2, 1945; and validated State court judgments in Oklahoma and judgments of the United States District Courts of the State of Oklahoma. CREATION OF TRUSTS Act Jan. 27, 1933, ch. 23, 47 Stat. 777, as amended by act Aug. 4, 1947, ch. 458, Sec. 12, 61 Stat. 734, provided for the creation of trusts by Indians; authorized transfers to trustees; denied release of trust agreement restrictions and alienation of corpus and income; made approved contracts irrevocable; provided remedy for illegally procured trusts by cancellation proceedings; and delegated administration of act to Secretary of the Interior. REMOVAL OF RESTRICTIONS FROM PART OF ALLOTTED LANDS; LEASES; TAXATION; APPOINTMENT OF LOCAL AGENTS Act May 27, 1908, ch. 199, 35 Stat. 312, as amended by act Apr. 12, 1926, ch. 115, Sec. 1, 44 Stat. 239, provided in part for the removal of restrictions from part of the lands of allottees; authorized leases of allotted lands; made unrestricted lands subject to taxation; voided alienation or incumbrance of restricted lands; and authorized appointment of local agents to investigate estates of minors and to advise and represent allottees. FINAL DISPOSITION OF AFFAIRS OF THE FIVE CIVILIZED TRIBES Act Apr. 26, 1906, ch. 1876, 34 Stat. 137, provided in part for membership and enrollment rules; required patents to issue in name of allottee and to be recorded; transferred records of land offices to the clerk of the United States district court; transferred control of tribal schools to Secretary of the Interior; abolished tribal taxes; extended restrictions on alienation of allotted lands; authorized conveyances of inherited lands; authorized disposal of property by will; provided that lands upon dissolution of the tribes be held in trust by the United States; and continued tribal governments. -End- -CITE- 25 USC Sec. 356 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 356. Allowance of undisputed claims of restricted allottees of Five Civilized Tribes -STATUTE- No undisputed claims to be paid from individual moneys of restricted allottees, or their heirs, or uncontested agricultural and mineral leases (excluding oil and gas leases) made by individual restricted Indian allottees, or their heirs, shall be forwarded to the Secretary of the Interior for approval, but all such undisputed claims or uncontested leases (except oil and gas leases) shall be paid, approved, rejected, or disapproved by the Superintendent for the Five Civilized Tribes of Oklahoma: Provided, however, That any party aggrieved by any decision or order of the Superintendent for the Five Civilized Tribes of Oklahoma may appeal from the same to the Secretary of the Interior within thirty days from the date of said decision or order. -SOURCE- (Feb. 14, 1920, ch. 75, Sec. 18, 41 Stat. 426.) -COD- CODIFICATION The clause "heretofore required to be approved under existing law by the Secretary of the Interior" after the words "but all such undisputed claims or uncontested leases (except oil and gas leases)" omitted from text as superfluous. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 357 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 357. Condemnation of lands under laws of States -STATUTE- Lands allotted in severalty to Indians may be condemned for any public purpose under the laws of the State or Territory where located in the same manner as land owned in fee may be condemned, and the money awarded as damages shall be paid to the allottee. -SOURCE- (Mar. 3, 1901, ch. 832, Sec. 3, 31 Stat. 1084.) -COD- CODIFICATION Section is comprised of the second paragraph of section 3 of act Mar. 3, 1901. The first paragraph of such section 3 is classified to section 319 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 322 of this title. -End- -CITE- 25 USC Sec. 358 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 9 - ALLOTMENT OF INDIAN LANDS -HEAD- Sec. 358. Repeal of statutory provisions relating to survey, classification, and allotments which provide for repayment out of Indian moneys -STATUTE- Any and all provisions contained in any Act passed prior to March 7, 1928, for the survey, resurvey, classification, and allotment of lands in severalty under the provisions of the Act of February 8, 1887 (24 Stat. 388), which provide for the repayment of funds appropriated proportionately out of any Indian moneys held in trust or otherwise by the United States and available by law for such reimbursable purposes, are repealed: Provided further, That the repeal shall not affect any funds authorized to be reimbursed by any special Act of Congress wherein a particular or special fund is mentioned from which reimbursement shall be made. -SOURCE- (Mar. 7, 1928, ch. 137, Sec. 1, 45 Stat. 206.) -REFTEXT- REFERENCES IN TEXT Act of February 7, 1887, referred to in text, is popularly known as the Indian General Allotment Act. For classification of this Act to the Code, see Short Title note set out under section 331 of this title and Tables. -End- -CITE- 25 USC CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -MISC1- Sec. 371. Descent of land. 372. Ascertainment of heirs of deceased allottees; settlement of estates; sale of lands; deposit of Indian moneys. 372-1. Repealed. 372a. Heirs by adoption. 373. Disposal by will of allotments held under trust. 373a. Disposition of trust or restricted estate of intestate without heirs; successor tribe; sale of land. 373b. Restricted estate or homestead on the public domain. 373c. Sections 373a and 373b as inapplicable to certain Indians. 374. Attendance of witnesses. 375. Determination of heirship of deceased members of Five Civilized Tribes. 375a. Jurisdiction of Secretary of the Interior over probate and distribution of estates not exceeding $2,500. 375b. Repealed. 375c. Disbursement of sums not exceeding $500 to heirs or legatees. 375d. Disposition of estates of intestate members of Cherokee, Chickasaw, Choctaw, and Seminole Nations of Oklahoma dying without heirs. 376. Oaths in investigations. 377. Repealed. 378. Partition of allotment among heirs; patents. 379. Sale of allotted lands by heirs. 380. Lease of inherited allotments by superintendent. -End- -CITE- 25 USC Sec. 371 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 371. Descent of land -STATUTE- For the purpose of determining the descent of land to the heirs of any deceased Indian under the provisions of section 348 of this title, whenever any male and female Indian shall have cohabited together as husband and wife according to the custom and manner of Indian life the issue of such cohabitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate issue of the Indians so living together, and every Indian child, otherwise illegitimate, shall for such purpose be taken and deemed to be the legitimate issue of the father of such child: Provided, That the provisions of this Act shall not be held or construed as to apply to the lands commonly called and known as the "Cherokee Outlet." -SOURCE- (Feb. 28, 1891, ch. 383, Sec. 5, 26 Stat. 795.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act Feb. 28, 1891, ch. 383, 26 Stat. 794, as amended, which enacted sections 336, 371, and 397 of this title and amended section 331 of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION A further provision of section 5 of act Feb. 28, 1891, "that no allotment of lands shall be made or annuities of money paid to any of the Sac and Fox of the Missouri Indians who were not enrolled as members of said tribe on January first, eighteen hundred and ninety; but this shall not be held to impair or otherwise affect the rights or equities of any person whose claim to membership in said tribe is now pending and being investigated," was repealed by a provision of the Indian Appropriation Act of Mar. 2, 1895, ch. 188, Sec. 1, 28 Stat. 902. -End- -CITE- 25 USC Sec. 372 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 372. Ascertainment of heirs of deceased allottees; settlement of estates; sale of lands; deposit of Indian moneys -STATUTE- When any Indian to whom an allotment of land has been made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said allotment as hereinafter provided, the Secretary of the Interior, upon notice and hearing, under the Indian Land Consolidation Act [25 U.S.C. 2201 et seq.] or a tribal probate code approved under such Act and pursuant to such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decisions shall be subject to judicial review to the same extent as determinations rendered under section 373 of this title. If the Secretary of the Interior decides the heir or heirs of such decedent competent to manage their own affairs, he shall issue to such heir or heirs a patent in fee for the allotment of such decedent; if he shall decide one or more of the heirs to be incompetent, he may, in his discretion, cause such lands to be sold: Provided, That if the Secretary of the Interior shall find that the lands of the decedent are capable of partition to the advantage of the heirs, he may cause the shares of such as are competent, upon their petition, to be set aside and patents in fee to be issued to them therefor. All sales of lands allotted to Indians authorized by this or any other Act shall be made under such rules and regulations and upon such terms as the Secretary of the Interior may prescribe, and he shall require a deposit of 10 per centum of the purchase price at the time of the sale. Should the purchaser fail to comply with the terms of sale prescribed by the Secretary of the Interior, the amount so paid shall be forfeited; in case the balance of the purchase price is to be paid on such deferred payments, all payments made, together with all interest paid on such deferred installments, shall be so forfeited for failure to comply with the terms of the sale. All forfeitures shall inure to the benefit of the allottee or his heirs. Upon payment of the purchase price in full, the Secretary of the Interior shall cause to be issued to the purchaser patent in fee for such land: Provided, That the proceeds of the sale of inherited lands shall be paid to such heir or heirs as may be competent and held in trust subject to use and expenditure during the trust period for such heir or heirs as may be incompetent as their respective interests shall appear: Provided further, That the Secretary of the Interior is authorized, in his discretion, to issue a certificate of competency, upon application therefor, to any Indian, or in case of his death to his heirs, to whom a patent in fee containing restrictions on alienation has been or may hereafter be issued, and such certificate shall have the effect of removing the restrictions on alienation contained in such patent: Provided further, That any United States Indian agent, superintendent, or other disbursing agent of the Indian Service may deposit Indian moneys, individual or tribal, coming into his hands as custodian, in such bank or banks as he may select: Provided, That the bank or banks so selected by him shall first execute to the said disbursing agent a bond, with approved surety, in such amount as will properly safeguard the funds to be deposited. Such bonds shall be subject to the approval of the Secretary of the Interior. -SOURCE- (June 25, 1910, ch. 431, Sec. 1, 36 Stat. 855; Mar. 3, 1928, ch. 122, 45 Stat. 161; Apr. 30, 1934, ch. 169, 48 Stat. 647; Pub. L. 101-301, Sec. 12(c), May 24, 1990, 104 Stat. 211; Pub. L. 106-462, title I, Sec. 106(b)(1), Nov. 7, 2000, 114 Stat. 2007.) -REFTEXT- REFERENCES IN TEXT The Indian Land Consolidation Act, referred to in text, is title II of Pub. L. 97-459, Jan. 12, 1983, 96 Stat. 2517, as amended, which is classified generally to chapter 24 (Sec. 2201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. This Act, referred to in text, is act June 25, 1910, ch. 431, 36 Stat. 855, as amended, which enacted sections 47, 93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, sections 6a-1 and 16a of Title 41, Public Contracts, and section 148 of Title 43, Public Lands, and amended sections 191, 312, 331, 333, and 336 of this title and sections 104 and 107 of former Title 18, Criminal Code and Criminal Procedure. Sections 104 and 107 of former title 18 were repealed and reenacted as sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. For complete classification of this Act to the Code, see Tables. -MISC1- AMENDMENTS 2000 - Pub. L. 106-462 substituted "under the Indian Land Consolidation Act or a tribal probate code approved under such Act and pursuant to such rules" for "under such rules" in first sentence. 1990 - Pub. L. 101-301 substituted "his decisions shall be subject to judicial review to the same extent as determinations rendered under section 373 of this title" for "his decision thereon shall be final and conclusive". 1934 - Act Apr. 30, 1934, substituted ", all payments made, together with all interest paid on such deferred installments, shall be so forfeited" for "a further amount, not exceeding 15 per centum of the purchase price together with all interest paid on such deferred installments may be so forfeited", inserted "allottee or his" in sentence beginning "All forfeitures shall inure" and struck out "hereafter" from last proviso. 1928 - Act Mar. 3, 1928, inserted in introductory text "or may hereafter be made," after "has been made,", "together with all interest paid on such deferred installments" after "purchase price", "or may hereafter be" after "restrictions on alienation has been", and "hereafter" in last proviso, and substituted "by this or any other Act" for "by any Act". -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 351, 353, 373, 374, 406, 564h, 697, 747, 2207 of this title; title 43 section 1617. -End- -CITE- 25 USC Sec. 372-1 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 372-1. Repealed. Pub. L. 101-301, Sec. 12(a), May 24, 1990, 104 Stat. 211 -MISC1- Section, Pub. L. 90-28, title I, June 24, 1967, 81 Stat. 69, provided that, on and after June 24, 1967, hearing officers appointed for Indian probate work did not have to be appointed pursuant to the Administrative Procedure Act, as amended. Similar provisions were contained in the following prior appropriation acts: May 31, 1966, Pub. L. 89-435, title I, 80 Stat. 181. June 28, 1965, Pub. L. 89-52, title I, 79 Stat. 185. July 7, 1964, Pub. L. 88-356, title I, 78 Stat. 284. July 26, 1963, Pub. L. 88-79, title I, 77 Stat. 107. Aug. 9, 1962, Pub. L. 87-578, title I, 76 Stat. 345. Aug. 3, 1961, Pub. L. 87-122, title I, 75 Stat. 256. May 13, 1960, Pub. L. 86-455, title I, 74 Stat. 104. June 23, 1959, Pub. L. 86-60, title I, 73 Stat. 92. June 4, 1958, Pub. L. 85-439, title I, 72 Stat. 155. July 1, 1957, Pub. L. 85-77, title I, 71 Stat. 257. June 13, 1956, ch. 380, title I, 70 Stat. 257. June 16, 1955, ch. 147, title I, 69 Stat. 141. Aug. 26, 1954, ch. 935, Ch. VII, 68 Stat. 813. SAVINGS PROVISION Section 12(b) of Pub. L. 101-301 provided that: "Hearing officers heretofore appointed to preside over Indian probate proceedings pursuant to the proviso repealed by subsection (a) [25 U.S.C. 372-1], having met the qualifications required for appointment pursuant to section 3105 of title 5, United States Code, shall be deemed to have been appointed pursuant to that section." -End- -CITE- 25 USC Sec. 372a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 372a. Heirs by adoption -STATUTE- In probate matters under the exclusive jurisdiction of the Secretary of the Interior, no person shall be recognized as an heir of a deceased Indian by virtue of an adoption - (1) Unless such adoption shall have been - (a) by a judgment or decree of a State court; (b) by a judgment or decree of an Indian court; (c) by a written adoption approved by the superintendent of the agency having jurisdiction over the tribe of which either the adopted child or the adoptive parent is a member, and duly recorded in a book kept by the superintendent for that purpose; or (d) by an adoption in accordance with a procedure established by the tribal authority, recognized by the Department of the Interior, of the tribe either of the adopted child or the adoptive parent, and duly recorded in a book kept by the tribe for that purpose; or (2) Unless such adoption shall have been recognized by the Department of the Interior prior to the effective date of this section or in the distribution of the estate of an Indian who has died prior to that date: Provided, That an adoption by Indian custom made prior to the effective date of this section may be made valid by recordation with the superintendent if both the adopted child and the adoptive parent are still living, if the adoptive parent requests that the adoption be recorded, and if the adopted child is an adult and makes such a request or the superintendent on behalf of a minor child approves of the recordation. This section shall not apply with respect to the distribution of the estates of Indians of the Five Civilized Tribes or the Osage Tribe in the State of Oklahoma, or with respect to the distribution of estates of Indians who have died prior to the effective date of this section. -SOURCE- (July 8, 1940, ch. 555, Secs. 1, 2, 54 Stat. 746.) -REFTEXT- REFERENCES IN TEXT For effective date of this section, referred to in text, see Effective Date note set out below. -COD- CODIFICATION First and second paragraphs of this section are from sections 1 and 2, respectively, of act July 8, 1940. -MISC1- EFFECTIVE DATE Section 3 of act July 8, 1940, provided that: "This Act shall become effective six months after the date of its approval [July 8, 1940]." -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 373 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 373. Disposal by will of allotments held under trust -STATUTE- Any persons of the age of eighteen years or older having any right, title, or interest in any allotment held under trust or other patent containing restrictions on alienation or individual Indian moneys or other property held in trust by the United States shall have the right prior to the expiration of the trust or restrictive period, and before the issuance of a fee simple patent or the removal of restrictions, to dispose of such property by will, in accordance with the Indian Land Consolidation Act [25 U.S.C. 2201 et seq.] or a tribal probate code approved under such Act and regulations to be prescribed by the Secretary of the Interior: Provided, however, That no will so executed shall be valid or have any force or effect unless and until it shall have been approved by the Secretary of the Interior: Provided further, That the Secretary of the Interior may approve or disapprove the will either before or after the death of the testator, and in case where a will has been approved and it is subsequently discovered that there has been fraud in connection with the execution or procurement of the will the Secretary of the Interior is authorized within one year after the death of the testator to cancel the approval of the will, and the property of the testator shall thereupon descend or be distributed in accordance with the laws of the State wherein the property is located: Provided further, That the approval of the will and the death of the testator shall not operate to terminate the trust or restrictive period, but the Secretary of the Interior may, in his discretion, cause the lands to be sold and the money derived therefrom, or so much thereof as may be necessary, used for the benefit of the heir or heirs entitled thereto, remove the restrictions, or cause patent in fee to be issued to the devisee or devisees, and pay the moneys to the legatee or legatees either in whole or in part from time to time as he may deem advisable, or use it for their benefit: Provided also, That this section and section 372 of this title shall not apply to the Five Civilized Tribes or the Osage Indians. -SOURCE- (June 25, 1910, ch. 431, Sec. 2, 36 Stat. 856; Feb. 14, 1913, ch. 55, 37 Stat. 678; Pub. L. 100-153, Sec. 2, Nov. 5, 1987, 101 Stat. 886; Pub. L. 106-462, title I, Sec. 106(b)(2), Nov. 7, 2000, 114 Stat. 2007.) -REFTEXT- REFERENCES IN TEXT The Indian Land Consolidation Act, referred to in text, is title II of Pub. L. 97-459, Jan. 12, 1983, 96 Stat. 2517, as amended, which is classified generally to chapter 24 (Sec. 2201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. -MISC1- AMENDMENTS 2000 - Pub. L. 106-462 substituted "with the Indian Land Consolidation Act or a tribal probate code approved under such Act and regulations to be prescribed by the Secretary of the Interior:" for "with regulations to be prescribed by the Secretary of the Interior:". 1987 - Pub. L. 100-153 which directed amendment of this section by substituting "the age of eighteen years or older" for "the age of twenty-one years, or over" was executed by substituting the new language for "the age of twenty-one years" as the probable intent of Congress because the words ", or over" did not appear. 1913 - Act Feb. 14, 1913, amended section generally. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 372, 374, 406, 564h, 697, 747 of this title; title 43 section 1617. -End- -CITE- 25 USC Sec. 373a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 373a. Disposition of trust or restricted estate of intestate without heirs; successor tribe; sale of land -STATUTE- Upon final determination by the Secretary of the Interior that the Indian holder of a trust or restricted allotment of lands or an interest therein has died intestate without heirs, the lands or interest so owned, together with all accumulated rents, issues, and profits therefrom held in trust for the decedent, shall escheat to the tribe owning the land at the time of allotment subject to the payment of such creditors' claims as the Secretary of the Interior may find proper to be paid from the cash on hand or income accruing to said estate and subject to all valid existing agricultural, surface, and mineral leases and the rights of any person thereunder. If the tribe which owned the land at the time of allotment has been reorganized or reconstituted by reason of amalgamation with another tribe or group of Indians or of subdivision within the tribe or otherwise, the land shall escheat to the tribe or group which has succeeded to the jurisdiction of the original tribe over the area in question. If neither the tribe which owned the land at the time of allotment nor a successor tribe or group exists, the land or interest therein shall be held in trust for such Indians as the Secretary may designate within the State or States wherein the land is situated or, if the Secretary determines that the land cannot appropriately be used by or for such Indians, it shall be sold, subject to all valid existing agricultural, surface, and mineral leases and the rights of any person thereunder, and the proceeds of such sale shall be held in trust for such Indians as the Secretary may designate, within the State or States wherein the land is situated. -SOURCE- (Nov. 24, 1942, ch. 640, Sec. 1, 56 Stat. 1021.) -SECREF- SECTIONS REFERRED TO IN OTHER SECTIONS This section is referred to in section 373c of this title. -End- -CITE- 25 USC Sec. 373b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 373b. Restricted estate or homestead on the public domain -STATUTE- If an Indian found to have died intestate without heirs was the holder of a restricted allotment or homestead or interest therein on the public domain, the land or interest therein and all accumulated rents, issues, and profits therefrom shall escheat to the United States, subject to all valid existing agricultural, surface, and mineral leases and the rights of any person thereunder, and the land shall become part of the public domain subject to the payment of such creditors' claims as the Secretary of the Interior may find proper to be paid from the cash on hand or income accruing to said estate: Provided, That if the Secretary determines that the land involved lies within or adjacent to an Indian community and may be advantageously used for Indian purposes, the land or interest therein shall escheat to the United States to be held in trust for such needy Indians as the Secretary of the Interior may designate, where the value of the estate does not exceed $50,000, and in case of estates exceeding said sum, such estates shall be held in trust by the United States for such Indians as the Congress may on and after November 24, 1942 designate, subject to all valid existing agricultural, surface, and mineral leases and the rights of any person thereunder (!1) Provided further, That interests in all Burns public domain allotments located in Harney County, Oregon, belonging to Indians who die intestate without heirs shall be held in trust by the United States for the Burns Paiute Indian Colony of Oregon and shall be part of the Burns Paiute Indian Reservation. -SOURCE- (Nov. 24, 1942, ch. 640, Sec. 2, 56 Stat. 1022; Pub. L. 98-25, Secs. 2, 3, May 2, 1983, 97 Stat. 185.) -MISC1- AMENDMENTS 1983 - Pub. L. 98-25, Sec. 2, inserted proviso that interests in all Burns public domain allotments located in Harney County, Oregon, belonging to Indians who die intestate without heirs shall be held in trust by the United States for the Burns Paiute Indian Colony of Oregon and shall be part of the Burns Paiute Indian Reservation. Pub. L. 98-25, Sec. 3, substituted "$50,000" for "$2,000". NON-INDIAN LANDS IN HARNEY COUNTY, OREGON Section 2 of Pub. L. 98-25 provided in part that no non-Indian lands in Harney County, Oregon, shall be considered Indian country as defined in section 1151 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 373c of this title. -FOOTNOTE- (!1) So in original. Probably should be followed by a colon. -End- -CITE- 25 USC Sec. 373c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 373c. Sections 373a and 373b as inapplicable to certain Indians -STATUTE- The provisions of sections 373a and 373b of this title shall not apply to the Indians of the Five Civilized Tribes or the Osage Reservation, in Oklahoma. -SOURCE- (Nov. 24, 1942, ch. 640, Sec. 3, 56 Stat. 1022.) -End- -CITE- 25 USC Sec. 374 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 374. Attendance of witnesses -STATUTE- The authority delegated to judges of the United States courts by section 24 of title 35 is conferred upon the Secretary of the Interior to require the attendance of witnesses at hearings, upon proper showing by any of the parties to determine the heirs of decedents, held in accordance with sections 372 and 373 of this title, under such rules and regulations as he may prescribe. -SOURCE- (Aug. 1, 1914, ch. 222, Sec. 1, 38 Stat. 586.) -COD- CODIFICATION "Section 24 of title 35" substituted in text for "section 56 of title 35" on authority of act July 19, 1952, ch. 950, 66 Stat. 792, section 1 of which enacted Title 35, Patents. -End- -CITE- 25 USC Sec. 375 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 375. Determination of heirship of deceased members of Five Civilized Tribes -STATUTE- A determination of the question of fact as to who are the heirs of any deceased citizen allottee of the Five Civilized Tribes of Indians who may die or may have heretofore died, leaving restricted heirs, by the probate court of the State of Oklahoma having jurisdiction to settle the estate of said deceased, conducted in the manner provided by the laws of said State for the determination of heirship in closing up the estates of deceased persons, shall be conclusive of said question: Provided, That an appeal may be taken in the manner and to the court provided by law, in cases of appeal in probate matters generally: Provided further, That where the time limited by the laws of said State for the institution of administration proceedings has elapsed without their institution, as well as in cases where there exists no lawful ground for the institution of administration proceedings in said courts, a petition may be filed therein having for its object a determination of such heirship and the case shall proceed in all respects as if administration proceedings upon other proper grounds had been regularly begun, but this proviso shall not be construed to reopen the question of the determination of an heirship already ascertained by competent legal authority under existing laws: Provided further, That said petition shall be verified, and in all cases arising hereunder service by publication may be had on all unknown heirs, the service to be in accordance with the method of serving nonresident defendants in civil suits in the district courts of said State; and if any person so served by publication does not appear and move to be heard within six months from the date of the final order, he shall be concluded equally with parties personally served or voluntarily appearing. -SOURCE- (June 14, 1918, ch. 101, Sec. 1, 40 Stat. 606.) -MISC1- ADMINISTRATION EXPENSES; COMPENSATION; RESTRICTION ON USE OF FUNDS; APPEAL Act June 30, 1919, ch. 4, Sec. 18, 41 Stat. 21, appropriated $205,000 for expenses of administration of the affairs of the Five Civilized Tribes, Oklahoma, and the compensation of employees, prohibited any part of the appropriation from being used in forwarding the undisputed claims to be paid from individual moneys of restricted allottees, or their heirs, or in forwarding uncontested agricultural and mineral leases (excluding oil and gas leases) made by individual restricted Indian allottees, or their heirs, to the Secretary of the Interior for approval, provided that all such undisputed claims or uncontested leases (except oil and gas leases) required to be approved under existing law by the Secretary of the Interior shall be paid, approved, rejected or disapproved by the Superintendent for the Five Civilized Tribes of Oklahoma and authorized an appeal within thirty days by party aggrieved by any decision or order of the Superintendent for the Five Civilized Tribes of Oklahoma to the Secretary of the Interior. -End- -CITE- 25 USC Sec. 375a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 375a. Jurisdiction of Secretary of the Interior over probate and distribution of estates not exceeding $2,500 -STATUTE- Exclusive jurisdiction is hereby conferred on the Secretary of the Interior to determine the heirs after notice and hearing under such rules and regulations as he may prescribe, and to probate the estate of any deceased restricted Indian, enrolled or unenrolled, of the Five Civilized Tribes of Oklahoma, whenever the restricted estate consists only of funds or securities under the control of the Department of the Interior of an aggregate value not exceeding $2,500: Provided, That where such decedent died prior to December 24, 1942, the distribution of such funds and securities, including the decedent's share of any tribal funds, shall be made in accordance with the statute of descent and distribution applicable at the date of death: And provided further, That where the decedent dies subsequently to December 24, 1942 distribution of all such funds and securities, including tribal funds aforesaid, shall be effected in accordance with the statute of descent and distribution of the State of Oklahoma. -SOURCE- (Dec. 24, 1942, ch. 813, Sec. 1, 56 Stat. 1080.) -End- -CITE- 25 USC Sec. 375b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 375b. Repealed. Pub. L. 96-363, Sec. 2(a), Sept. 26, 1980, 94 Stat. 1207 -MISC1- Section, act Dec. 24, 1942, ch. 813, Sec. 2, 56 Stat. 1081, set forth schedule of fees collectible by Secretary prior to distribution of estate to individuals entitled under provisions of section 375a of this title. CANCELLATION OF ASSESSED UNPAID FEES Authority of Secretary of the Interior to cancel unpaid fees assessed under this section prior to the repeal, see section 2(b) of Pub. L. 96-363, set out as a note under section 377 of this title. -End- -CITE- 25 USC Sec. 375c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 375c. Disbursement of sums not exceeding $500 to heirs or legatees -STATUTE- The Secretary of the Interior is granted authority to disburse to the heirs or legatees of deceased members of the Five Civilized Tribes any sum of money on deposit to the credit of such deceased Indian or Indians, not exceeding $500, where said decedent died seized of no lands or the lands have since been lawfully alienated. Said funds shall be disbursed on proof of death and heirship or bequest satisfactory to the Secretary of the Interior and his finding thereon shall be final and conclusive: Provided, That such transfer of funds so disbursed shall not be taxable. -SOURCE- (Aug. 12, 1953, ch. 409, Sec. 1, 67 Stat. 558.) -End- -CITE- 25 USC Sec. 375d 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 375d. Disposition of estates of intestate members of Cherokee, Chickasaw, Choctaw, and Seminole Nations of Oklahoma dying without heirs -STATUTE- Upon the final determination of a court having jurisdiction or by decision of the Secretary of the Interior after a period of five years from the death of the decedent, it is determined that a member of the Cherokee, Chickasaw, Choctaw, or Seminole Nations or Tribes of Oklahoma or a person of the blood of said tribes has died intestate without heirs, owning trust or restricted Indian lands in Oklahoma or an interest therein or rents or profits therefrom, such lands, interests, or profits shall escheat to the Nation or tribe from which title to the trust or restricted Indian lands or interest therein was derived and shall be held thereafter in trust by the United States for said nation or tribe. -SOURCE- (Pub. L. 91-240, May 7, 1970, 84 Stat. 203.) -End- -CITE- 25 USC Sec. 376 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 376. Oaths in investigations -STATUTE- After August 1, 1914, any officer or employee appointed or designated by the Secretary of the Interior or the Commissioner of Indian Affairs as special examiner in heirship cases shall be authorized to administer oaths in investigations committed to him: Provided further, That the provisions of this paragraph shall not apply to the Osage Indians nor to the Five Civilized Tribes of Indians in Oklahoma. -SOURCE- (Aug. 1, 1914, ch. 222, Sec. 1, 38 Stat. 586.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 377 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 377. Repealed. Pub. L. 96-363, Sec. 2(a), Sept. 26, 1980, 94 Stat. 1207 -MISC1- Section, acts Jan. 24, 1923, ch. 42, 42 Stat. 1185; May 29, 1928, ch. 901, Sec. 1(84), 45 Stat. 992, related to payment or deduction from trust funds, etc., of cost of determining heirs, and set forth a schedule of fees. CANCELLATION OF ASSESSED UNPAID FEES Section 2(b) of Pub. L. 96-363 provided that: "The Secretary of the Interior may cancel any unpaid fees assessed under the provisions repealed by this section [sections 375b and 377 of this title]." -End- -CITE- 25 USC Sec. 378 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 378. Partition of allotment among heirs; patents -STATUTE- If the Secretary of the Interior shall find that any inherited trust allotment or allotments are capable of partition to the advantage of the heirs, he may cause such lands to be partitioned among them, regardless of their competency, patents in fee to be issued to the competent heirs for their shares and trust patents to be issued to the incompetent heirs for the lands respectively or jointly set apart to them, the trust period to terminate in accordance with the terms of the original patent or order of extension of the trust period set out in said patent. -SOURCE- (May 18, 1916, ch. 125, Sec. 1, 39 Stat. 127.) -End- -CITE- 25 USC Sec. 379 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 379. Sale of allotted lands by heirs -STATUTE- The adult heirs of any deceased Indian to whom a trust or other patent containing restrictions upon alienation has been or shall be issued for lands allotted to him may sell and convey the lands inherited from such decedent, but in case of minor heirs their interests shall be sold only by a guardian duly appointed by the proper court upon the order of such court, made upon petition filed by the guardian, but all such conveyances shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser, the same as if a final patent without restriction upon the alienation had been issued to the allottee. All allotted land so alienated by the heirs of an Indian allottee and all land so patented to a white allottee shall thereupon be subject to taxation under the laws of the State or Territory where the same is situate: Provided, That the sale herein provided for shall not apply to the homestead during the life of the father, mother or the minority of any child or children. -SOURCE- (May 27, 1902, ch. 888, Sec. 7, 32 Stat. 275.) -End- -CITE- 25 USC Sec. 380 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE -HEAD- Sec. 380. Lease of inherited allotments by superintendent -STATUTE- Restricted allotments of deceased Indians may be leased, except for oil and gas mining purposes, by the superintendents of the reservation within which the lands are located (1) when the heirs or devisees of such decedents have not been determined and (2) when the heirs or devisees of the decedents have been determined, and such lands are not in use by any of the heirs and the heirs have not been able during a three-months' period to agree upon a lease by reason of the number of the heirs, their absence from the reservation, or for other cause, under such rules and regulations as the Secretary of the Interior may prescribe. The proceeds derived from such leases shall be credited to the estates or other accounts of the individuals entitled thereto in accordance with their respective interests. -SOURCE- (July 8, 1940, ch. 554, 54 Stat. 745.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403c, 415a, 416c, 635 of this title. -End- -CITE- 25 USC CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -MISC1- Sec. 381. Irrigation lands; regulation of use of water. 382. Irrigation projects under Reclamation Act. 383. Repealed. 384. Employment of superintendents of irrigation. 385. Maintenance charges; reimbursement of construction costs; apportionment of cost. 385a. Irrigation projects; deposit of assessments as trust fund; disposition of fund. 385b. Amounts creditable to fund. 385c. Appropriation and disposition of power revenues. 386. Reimbursement of construction charges. 386a. Adjustment of reimbursable debts; construction charges. 387. Omitted. 388. Claims for damages; settlement by agreement. 389. Investigation and adjustment of irrigation charges on lands within projects on Indian reservations. 389a. Declaring lands to be temporarily nonirrigable. 389b. Elimination to permanently nonirrigable lands. 389c. Cancellation of charges in absence of lien or contract for payment. 389d. Rules and regulations. 389e. Actions taken to be included in report to Congress. 390. Concessions on reservoir sites and other lands in Indian irrigation projects; leases for agricultural, grazing, and other purposes. -End- -CITE- 25 USC Sec. 381 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 381. Irrigation lands; regulation of use of water -STATUTE- In cases where the use of water for irrigation is necessary to render the lands within any Indian reservation available for agricultural purposes, the Secretary of the Interior is authorized to prescribe such rules and regulations as he may deem necessary to secure a just and equal distribution thereof among the Indians residing upon any such reservations; and no other appropriation or grant of water by any riparian proprietor shall be authorized or permitted to the damage of any other riparian proprietor. -SOURCE- (Feb. 8, 1887, ch. 119, Sec. 7, 24 Stat. 390.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 332, 333, 334, 335, 339, 340, 341, 342, 348, 349, 350, 352b, 354, 358 of this title. -End- -CITE- 25 USC Sec. 382 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 382. Irrigation projects under Reclamation Act -STATUTE- In carrying out any irrigation project which may be undertaken under the provisions of the Reclamation Act, and which may make possible, and provide for in connection with the reclamation of other lands, the irrigation of all or any part of the irrigable lands heretofore included in allotments made to Indians under section 334 of this title, the Secretary of the Interior is authorized to make such arrangement and agreement in reference thereto as said Secretary deems for the best interest of the Indians: Provided, That no lien or charge for construction, operation, or maintenance shall thereby be created against any such lands. -SOURCE- (Mar. 3, 1909, ch. 263, 35 Stat. 798.) -REFTEXT- REFERENCES IN TEXT The Reclamation Act, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which is classified generally to chapter 12 (Sec. 371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables. -COD- CODIFICATION A further proviso authorized the expenditure of a limited amount from the appropriation in the act for irrigation, to meet the cost of carrying out this section, and was omitted as temporary. -MISC1- SIMILAR PROVISIONS Similar provisions were contained in act Apr. 30, 1908, ch. 153, 35 Stat. 85. -End- -CITE- 25 USC Sec. 383 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 383. Repealed. Pub. L. 97-293, title II, Sec. 224(f), Oct. 12, 1982, 96 Stat. 1273 -MISC1- Section, act Aug. 4, 1910, ch. 140, Sec. 1, 36 Stat. 270, provided that no new irrigation project on any Indian reservation, allotments, or lands, could be undertaken until it had been estimated for and a maximum limit of cost ascertained from surveys, plans, and reports submitted by chief irrigation engineer in Indian Service and approved by Commissioner of Indian Affairs and Secretary of the Interior, that such limit of cost could in no case be exceeded without express authorization of Congress, and that no project to cost in the aggregate to exceed $35,000 could be undertaken on any Indian reservation or allotment, without specific authority of Congress. -End- -CITE- 25 USC Sec. 384 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 384. Employment of superintendents of irrigation -STATUTE- The Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, may employ superintendents of irrigation who shall be skilled irrigation engineers, not to exceed seven in number. -SOURCE- (Apr. 4, 1910, ch. 140, Sec. 1, 36 Stat. 271.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 385 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 385. Maintenance charges; reimbursement of construction costs; apportionment of cost -STATUTE- For lands irrigable under any irrigation system or reclamation project the Secretary of the Interior may fix maintenance charges which shall be paid as he may direct, such payments to be available for use in maintaining the project or system for which collected: Provided further, That all moneys expended under this provision shall be reimbursable where the Indians have adequate funds to repay the Government, such reimbursements to be made under such rules and regulations as the Secretary of the Interior may prescribe: Provided further, That the Secretary of the Interior is authorized and directed to apportion the cost of any irrigation project constructed for Indians and made reimbursable out of tribal funds of said Indians in accordance with the benefits received by each individual Indian so far as practicable from said irrigation project, said cost to be apportioned against such individual Indian under such rules, regulations, and conditions as the Secretary of the Interior may prescribe. -SOURCE- (Apr. 4, 1910, ch. 140, Secs. 1, 3, 36 Stat. 270, 272; Aug. 1, 1914, ch. 222, Sec. 1, 38 Stat. 583; Aug. 7, 1946, ch. 770, Sec. 1(8), 60 Stat. 867; Pub. L. 97-293, title II, Sec. 224(f), Oct. 12, 1982, 96 Stat. 1273.) -COD- CODIFICATION Section is based on sections 1 and 3 of act Apr. 4, 1910, and section 1 of act Aug. 1, 1914. A provision in act Aug. 1, 1914, appropriated a specific sum for the construction, repair, etc., of ditches, reservoirs, etc., and for the pay of designated officials and employees. -MISC1- AMENDMENTS 1982 - Pub. L. 98-293 struck out provisions requiring Secretary of the Interior to transmit annual cost accounts to Congress of all moneys expended on each irrigation project. 1946 - Act Aug. 7, 1946, discontinued provisions requiring Secretary of the Interior to transmit annual cost accounts to Congress of all moneys expended on each irrigation project. -End- -CITE- 25 USC Sec. 385a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 385a. Irrigation projects; deposit of assessments as trust fund; disposition of fund -STATUTE- Effective August 7, 1946, collections made from water users on each Indian irrigation project on account of assessments levied to meet the cost of operating and maintaining such project shall be deposited into the Treasury for credit to a trust-fund account pursuant to section 1321 of title 31, and shall be available for expenditure in carrying out the purposes for which collected. -SOURCE- (Aug. 7, 1946, ch. 802, Sec. 1, 60 Stat. 895.) -COD- CODIFICATION "Section 1321 of title 31" substituted in text for "section 20 of the Permanent Appropriation Repeal Act, 1934 (48 Stat. 1227) [31 U.S.C. 725s]" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was formerly classified to section 725s-1 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 385b of this title. -End- -CITE- 25 USC Sec. 385b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 385b. Amounts creditable to fund -STATUTE- There shall be credited to each trust-fund account established under section 385a of this title the excess, if any, of (1) the unexpended balance of any repealed special fund appropriation to which operation and maintenance collections were credited prior to July 1, 1935, and (2) the amount of receipts covered into the Treasury pursuant to section 4 of the Permanent Appropriation Repeal Act, 1934 (48 Stat. 1227), over expenditures from appropriations provided for the operation and maintenance of the irrigation project from which such unexpended balance or receipts were derived, and the amount so credited shall be subject to expenditure as prescribed in section 385a of this title. -SOURCE- (Aug. 7, 1946, ch. 802, Sec. 2, 60 Stat. 895.) -REFTEXT- REFERENCES IN TEXT Section 4 of the Permanent Appropriation Repeal Act, 1934, referred to in text, is section 4 of act June 26, 1934, ch. 756, 48 Stat. 1227, which was classified to section 725c of former Title 31, and was omitted from the Code in the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877. -COD- CODIFICATION Section was formerly classified to section 725s-2 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -End- -CITE- 25 USC Sec. 385c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 385c. Appropriation and disposition of power revenues -STATUTE- Revenues collected after August 7, 1946, from power operations on each Indian irrigation project and deposited into the Treasury for credit to miscellaneous receipts pursuant to section 4 of the Permanent Appropriation Repeal Act, 1934 (48 Stat. 1227), or pursuant to other provisions of law, are authorized to be appropriated annually, in specific or in indefinite amounts, equal to the collections so credited, for the following purposes in connection with the respective projects from which such revenues are derived: (1) Payment of the expenses of operating and maintaining the power system; (2) creation and maintenance of reserve funds to be available for making repairs and replacements to, defraying emergency expenses for, and insuring continuous operation of the power system, the fund for each project to be maintained at such level, within limits set by the Director of the Office of Management and Budget, as may from time to time be prescribed by the Secretary of the Interior; (3) amortization, in accordance with the repayment provisions of the applicable statutes or contracts, of construction costs allocated to be returned from power revenues; and (4) payment of other expenses and obligations chargeable to power revenues to the extent required or permitted by law. -SOURCE- (Aug. 7, 1946, ch. 802, Sec. 3, 60 Stat. 895; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.) -REFTEXT- REFERENCES IN TEXT Section 4 of the Permanent Appropriation Repeal Act, 1934, referred to in text, is section 4 of act June 26, 1934, ch. 756, 48 Stat. 1227, which was classified to section 725c of former Title 31, and was omitted from the Code in the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877. -COD- CODIFICATION Section was formerly classified to section 725s-3 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -TRANS- TRANSFER OF FUNCTIONS All functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. -End- -CITE- 25 USC Sec. 386 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 386. Reimbursement of construction charges -STATUTE- The Secretary of the Interior is authorized and directed to require the owners of irrigable land under any irrigation system constructed for the benefit of Indians and to which water for irrigation purposes can be delivered to begin partial reimbursement of the construction charges, where reimbursement is required by law, at such times and in such amounts as he may deem best; all payments hereunder to be credited on a per acre basis in favor of the land in behalf of which such payments shall have been made and to be deducted from the total per acre charge assessable against said land. -SOURCE- (Feb. 14, 1920, ch. 75, Sec. 1, 41 Stat. 409.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 386a of this title. -End- -CITE- 25 USC Sec. 386a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 386a. Adjustment of reimbursable debts; construction charges -STATUTE- The Secretary of the Interior is hereby authorized and directed to adjust or eliminate reimbursable charges of the Government of the United States existing as debts against individual Indians or tribes of Indians in such a way as shall be equitable and just in consideration of all the circumstances under which such charges were made: Provided, That the collection of all construction costs against any Indian-owned lands within any Government irrigation project is hereby deferred, and no assessments shall be made on behalf of such charges against such lands until the Indian title thereto shall have been extinguished, and any construction assessments heretofore levied against such lands in accordance with the provisions of section 386 of this title, and uncollected, are hereby canceled: Provided further, That the Secretary shall report such adjustments and eliminations to the Congress not later than sixty calendar days following the end of the fiscal year in which they are made: Provided further, That any proceedings hereunder shall not be effective until approved by Congress unless Congress shall have failed to act favorably or unfavorably thereon by concurrent resolution within ninety calendar days after the filing of said report, in which case they shall become effective at the termination of the said ninety calendar days: Provided further, That the Secretary shall adjust or eliminate charges, defer collection of construction costs, and make no assessment on behalf of such charges for beneficiaries that hold leases on Hawaiian home lands, to the same extent as is permitted for individual Indians or tribes of Indians under this section. -SOURCE- (July 1, 1932, ch. 369, 47 Stat. 564; Pub. L. 97-375, title II, Sec. 208(a), Dec. 21, 1982, 96 Stat. 1824; Pub. L. 104-42, title II, Sec. 207, Nov. 2, 1995, 109 Stat. 364.) -MISC1- AMENDMENTS 1995 - Pub. L. 104-42 inserted before period at end ": Provided further, That the Secretary shall adjust or eliminate charges, defer collection of construction costs, and make no assessment on behalf of such charges for beneficiaries that hold leases on Hawaiian home lands, to the same extent as is permitted for individual Indians or tribes of Indians under this section". 1982 - Pub. L. 97-375, Sec. 208(a)(1), substituted "That the Secretary shall report such adjustments and eliminations to the Congress not later than sixty calendar days following the end of the fiscal year in which they are made" for "That a report shall be made to Congress annually, on the first Monday in December, showing adjustments so made during the preceding fiscal year" in second proviso. Pub. L. 97-375, Sec. 208(a)(2), substituted "ninety calendar days" for "sixty legislative days" wherever appearing. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 564l of this title; title 43 sections 620c, 1542. -End- -CITE- 25 USC Sec. 387 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 387. Omitted -COD- CODIFICATION Section, which related to basis of apportionment of costs of irrigation projects was from the Interior Department Appropriation Act, 1946, July 3, 1945, ch. 262, 59 Stat. 328, and was not repeated in the Interior Department Appropriation Act of 1947, act July 1, 1946, ch. 529, 60 Stat. 348. Similar provisions were contained in the following prior appropriation acts: June 28, 1944, ch. 298, 58 Stat. 474. July 12, 1943, ch. 219, 57 Stat. 461. July 2, 1942, ch. 473, 56 Stat. 518. June 28, 1941, ch. 259, 55 Stat. 317. June 18, 1940, ch. 395, 54 Stat. 419. May 10, 1939, ch. 119, 53 Stat. 700. May 9, 1938, ch. 187, 52 Stat. 304. Aug. 9, 1937, ch. 570, 50 Stat. 577. June 22, 1936, ch. 691, 49 Stat. 1769. May 9, 1935, ch. 101, 49 Stat. 186. Mar. 2, 1934, ch. 38, 48 Stat. 370. Feb. 17, 1933, ch. 98, 47 Stat. 829. Apr. 22, 1932, ch. 125, 47 Stat. 100. Feb. 14, 1931, ch. 187, 46 Stat. 1126. May 14, 1930, ch. 273, 46 Stat. 290. Mar. 4, 1929, ch. 705, 45 Stat. 1573. Mar. 7, 1928, ch. 137, 45 Stat. 210. -End- -CITE- 25 USC Sec. 388 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 388. Claims for damages; settlement by agreement -STATUTE- The Secretary of the Interior is authorized to pay out of funds available for the Indian irrigation projects for damages caused to owners of lands or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of irrigation works of such projects and which may be compromised by agreement between the claimant and the Secretary of the Interior or such officers as he may designate: Provided, That the total of any such claims authorized to be settled as herein contemplated shall not exceed 5 per centum of the funds available for the project under which such claims arise during any one fiscal year. -SOURCE- (Feb. 20, 1929, ch. 279, 45 Stat. 1252.) -End- -CITE- 25 USC Sec. 389 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 389. Investigation and adjustment of irrigation charges on lands within projects on Indian reservations -STATUTE- The Secretary of the Interior is authorized and directed to cause an investigation to be made to determine whether the owners of non-Indian lands under Indian irrigation projects and under projects where the United States has purchased water rights for Indians are unable to pay irrigation charges, including construction, maintenance, and operating charges, because of inability to operate such lands profitably by reason of lack of fertility of the soil, inadequacy of water supply, defects of irrigation works, or for any other causes. Where the Secretary finds that said landowners are unable to make payment due to the existence of such causes, he may adjust, defer, or cancel such charges, in whole or in part, as the facts and conditions warrant. In adjusting or deferring any such charges the Secretary may enter into contracts with said land owners for the payment of past due charges, but such contracts shall not extend the payment of such charges over a period in excess of ten years. -SOURCE- (June 22, 1936, ch. 692, Sec. 1, 49 Stat. 1803.) -MISC1- FLATHEAD INDIAN IRRIGATION PROJECT Act July 26, 1947, ch. 340, 61 Stat. 494, provided that notwithstanding any provisions of sections 389 to 389e of this title, the Secretary of the Interior could defer the collection of irrigation construction charges on the Flathead Indian Irrigation Project until January 1, 1949. FORT PECK INDIAN IRRIGATION PROJECT In accordance with sections 389 to 389e of this title, the order of the Secretary of the Interior canceling delinquent irrigation operation and maintenance charges of $461.40 and accrued interest thereon for certain lands adjacent to but outside the Fort Peck Indian irrigation project, $206,902.21 against lands within the Fort Peck project, and $118,266.64 of unassessed construction costs allocable against both Indian and non-Indian owned lands in the Fraiser-Wolf Point unit of the Fort Peck project, was approved by Pub. L. 90-143, Nov. 16, 1967, 81 Stat. 465. KLAMATH INDIAN IRRIGATION PROJECT In accordance with sections 389 to 389e of this title, the order of the Secretary of the Interior canceling $401,440.55 of reimbursable irrigation costs and any accrued interest thereon chargeable to lands in the Klamath Indian irrigation project, was approved by Pub. L. 88-456, Aug. 20, 1964, 78 Stat. 554. OROVILLE-TONASKET IRRIGATION DISTRICT Action of the Secretary of the Interior taken on May 19, 1942, pursuant to authority contained in sections 389 to 389e of this title with respect to lands within the Oroville-Tonasket Irrigation District was confirmed by Congress in act Dec. 24, 1942, ch. 816, 56 Stat. 1082. UINTAH INDIAN IRRIGATION PROJECT Pub. L. 91-403, Secs. 1-5, Sept. 18, 1970, 84 Stat. 843, 844, authorized the Secretary of the Interior to reimburse the Ute Tribe of the Uintah and Ouray Reservation for tribal funds that were used to construct, operate, and maintain the Uintah Indian irrigation project, Utah. Action of Secretary of the Interior taken pursuant to authority contained in sections 389 to 389e of this title with respect to lands within the Uintah Indian Irrigation Project was confirmed by Congress in act May 28, 1941, ch. 142, 55 Stat. 209. WAPATO INDIAN IRRIGATION PROJECT In accordance with sections 389 to 389e of this title, order of Secretary of the Interior dated Sept. 12, 1962, canceling $4,494.58 of delinquent irrigation charges, providing for the deferred payment of $10,356.03, and providing for the removal of 78.12 acres of assessable land from the Wapato Indian irrigation project, was approved by Pub. L. 88-159, Oct. 28, 1963, 77 Stat. 278. In accordance with sections 389 to 389e of this title, order of Secretary of the Interior canceling $35,700.72 of delinquent irrigation charges, providing for the deferred payment of $13,851.98, and providing for the removal of two hundred thirty-two and fifty-six one hundredths acres of assessable land from the Wapato Indian irrigation project, was approved by Pub. L. 86-281, Sept. 16, 1959, 73 Stat. 564. Action by the Secretary of the Interior taken Sept. 9, 1942, pursuant to authority contained in sections 389 to 389e of this title with respect to lands within the Wapato Indian irrigation project was confirmed in act Dec. 24, 1942, ch. 815, 56 Stat. 1081. WIND RIVER INDIAN IRRIGATION PROJECT In accordance with sections 389 to 389e of this title, the order of the Secretary of the Interior, canceling delinquent operation and maintenance irrigation charges of $1,134.99 and accrued interest thereon, against lands on the Wind River Indian irrigation project, and a contract for the deferred payment of delinquent charges in the amount of $2,331.59, was approved by Pub. L. 88-116, Sept. 6, 1963, 77 Stat. 151. In accordance with sections 389 to 389e of this title, the order of the Secretary of the Interior, canceling delinquent irrigation charges of $36,439.70 and accrued interest therein, and providing for a deferred payment of $8,706.27, as shown in schedules A, B, and C of such order, was approved by Pub. L. 87-516, July 2, 1962, 76 Stat. 128, provided that the cancellation under schedule B not become effective until the landowners agree to pay the balance of such delinquent charges amounting to $1,556.40. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 389d, 389e of this title. -End- -CITE- 25 USC Sec. 389a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 389a. Declaring lands to be temporarily nonirrigable -STATUTE- Where the Secretary finds that any such lands cannot be cultivated profitably due to a present lack of water supply, proper drainage facilities, or need of additional construction work, he shall declare such lands temporarily nonirrigable for periods not to exceed five years and no charges shall be assessed against such lands during such periods. -SOURCE- (June 22, 1936, ch. 692, Sec. 2, 49 Stat. 1804.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 389d, 389e of this title. -End- -CITE- 25 USC Sec. 389b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 389b. Elimination to permanently nonirrigable lands -STATUTE- Where the Secretary finds that any such lands are permanently nonirrigable he may, with the consent of the landowner, eliminate such lands from the project. -SOURCE- (June 22, 1936, ch. 692, Sec. 3, 49 Stat. 1804.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 389d, 389e of this title. -End- -CITE- 25 USC Sec. 389c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 389c. Cancellation of charges in absence of lien or contract for payment -STATUTE- Where irrigation assessments against any such lands remained unpaid at the time the Indian title to such lands became extinguished and no lien existed and attached to such lands for the payment of charges so assessed and no contract for the payment of such charges was entered into, the Secretary shall cancel all such charges. -SOURCE- (June 22, 1936, ch. 692, Sec. 4, 49 Stat. 1804.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 389d, 389e of this title. -End- -CITE- 25 USC Sec. 389d 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 389d. Rules and regulations -STATUTE- The Secretary shall have power to make such rules and regulations as may be necessary to carry out the provisions of sections 389 to 389e of this title. -SOURCE- (June 22, 1936, ch. 692, Sec. 5, 49 Stat. 1804.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 389e of this title. -End- -CITE- 25 USC Sec. 389e 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 389e. Actions taken to be included in report to Congress -STATUTE- The Secretary shall include in the report to Congress required pursuant to section 389a (!1) of this title, a description of actions taken under the provisions of sections 389 to 389e of this title during the preceding fiscal year. No proceedings under such sections shall become effective until approved by the Congress. -SOURCE- (June 22, 1936, ch. 692, Sec. 6, 49 Stat. 1804; Pub. L. 96-470, title II, Sec. 206(b), Oct. 19, 1980, 94 Stat. 2244.) -MISC1- AMENDMENTS 1980 - Pub. L. 96-470 substituted provision requiring the Secretary to include in the report to Congress required pursuant to section 389a of this title a description of the actions taken under sections 389 to 389e of this title during the preceding fiscal year for provision requiring the Secretary to make reports to Congress on the first Monday of each regular session, and from time to time thereafter, showing actions taken under sections 389 to 389e of this title during the preceding fiscal year. APPROVAL OF SECRETARY'S ACTION The action of the Secretary of the Interior in deferring the collection of certain irrigation charges against lands under the Blackfeet Indian irrigation project in Montana was approved by Joint Res. Apr. 11, 1940, ch. 78, 54 Stat. 105. -FOOTNOTE- (!1) So in original. Probably should refer to section 386a. -End- -CITE- 25 USC Sec. 390 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS -HEAD- Sec. 390. Concessions on reservoir sites and other lands in Indian irrigation projects; leases for agricultural, grazing, and other purposes -STATUTE- The Secretary of the Interior be, and he is hereby, authorized, in his discretion, to grant concessions on reservoir sites, reserves for canals or flowage areas, and other lands under his jurisdiction which have been withdrawn or otherwise acquired in connection with the San Carlos, Fort Hall, Flathead, and Duck Valley or Western Shoshone irrigation projects for the benefit in whole or in part of Indians, and to lease such lands for agricultural, grazing, or other purposes: Provided, That no lands so leased shall be eligible for benefit payments under the crop control program, or the soil conservation act: Provided further, That such concessions may be granted or lands leased by the Secretary of the Interior under such rules, regulations, and laws as govern his administration of the public domain as far as applicable, for such considerations, monetary or otherwise, and for such periods of time as he may deem proper, the term of no concession to exceed a period of ten years: Provided further, That the funds derived from such concessions or leases, except funds so derived from Indian tribal property withdrawn for irrigation purposes and for which the tribe has not been compensated, shall be available for expenditure in accordance with the existing laws in the operation and maintenance of the irrigation projects with which they are connected. Any funds derived from reserves for which the tribe has not been compensated shall be deposited to the credit of the proper tribe: Provided further, That where tribal lands of any Indian tribe organized under section 476 of this title, have been withdrawn or reserved for the purposes hereinbefore mentioned, such lands may be leased or concessions may be granted thereon only by the proper tribal authorities, upon such conditions and subject to such limitations as may be set forth in the constitution and bylaws or charter of the respective tribes: Provided further, That concessions for recreation and fish and wildlife purposes on San Carlos Lake may be granted only by the governing body of the San Carlos Apache Tribe upon such conditions and subject to such limitations as may be set forth in the constitution and bylaws of such Tribe. -SOURCE- (Apr. 4, 1938, ch. 63, 52 Stat. 193; Pub. L. 102-575, title XXXVII, Sec. 3710(e), Oct. 30, 1992, 106 Stat. 4750.) -MISC1- AMENDMENTS 1992 - Pub. L. 102-575 inserted before period at end ": Provided further, That concessions for recreation and fish and wildlife purposes on San Carlos Lake may be granted only by the governing body of the San Carlos Apache Tribe upon such conditions and subject to such limitations as may be set forth in the constitution and bylaws of such Tribe". EFFECTIVE AND TERMINATION DATES OF 1992 AMENDMENT Section 3711(a)-(c) of title XXXVII of Pub. L. 102-575, as amended by Pub. L. 103-435, Sec. 13, Nov. 2, 1994, 108 Stat. 4572; Pub. L. 104-91, title II, Sec. 202(a), Jan. 6, 1996, 110 Stat. 14; Pub. L. 104-261, Sec. 3, Oct. 9, 1996, 110 Stat. 3176; Pub. L. 105-18, title II, Sec. 5003(a), (b), June 12, 1997, 111 Stat. 181, provided that: "(a) Effective Date of Authorization. - The authorization contained in section 3708(b) of this title [106 Stat. 4748] shall become effective as of the date the Secretary causes to be published in the Federal Register a statement of findings [The statement was published in the Federal Register on Dec. 28, 1999, 64 F.R. 72674.] that - "(1) the Secretary has fulfilled the requirements of sections 3704 and 3706 [106 Stat. 4742, 4745]; "(2) the Roosevelt Water Conservation District subcontract for agricultural water service from CAP has been revised and executed as provided in section 3705(b) [106 Stat. 4744]; "(3) the funds authorized by section 3707(c) [106 Stat. 4748] have been appropriated and deposited into the Fund; "(4) the contract referred to in section 3707(a)(2) [106 Stat. 4747] has been amended; "(5) the State of Arizona has appropriated and deposited into the Fund $3,000,000 as required by the Agreement; "(6) the stipulations attached to the Agreement as Exhibits 'D' and 'E' have been approved; and "(7) the Agreement has been modified, to the extent it is in conflict with this title [amending this section and section 1524 of Title 43, Public Lands, and enacting provisions set out as a note under section 1524 of Title 43], and has been executed by the Secretary. "(b) Conditions. - (1) If the actions described in paragraphs (1), (2), (3), (4), (5), (6), and (7) of subsection (a) of this section have not occurred by March 31, 1999, subsections (c) and (d) of section 3704 [106 Stat. 4743], subsections (a) and (b) of section 3705 [106 Stat. 4744], section 3706 [106 Stat. 4745], subsections (a)(2), (c), (d), and (f) of section 3707 [106 Stat. 4747], subsections (b) and (c) of section 3708 [106 Stat. 4748], and subsections (a), (b), (c), (d), (e), (g), (h), (j), and (l) of section 3710 of this title [106 Stat. 4750, subsec. (e) amends this section], together with any contracts entered into pursuant to any such section or subsection, shall not be effective on and after the date of enactment of this title [Oct. 30, 1992], and any funds appropriated pursuant to section 3707(c) [106 Stat. 4748], and remaining unobligated and unexpended on the date of the enactment of this title, shall immediately revert to the Treasury, as general revenues, and any funds appropriated by the State of Arizona pursuant to the Agreement, and remaining unobligated and unexpended on the date of the enactment of this title, shall immediately revert to the State of Arizona. "(2) Notwithstanding the provisions of paragraph (1) of this subsection, if the provisions of subsections (a) and (b) of section 3705 of this title have been otherwise accomplished pursuant to provisions of the Act of October 20, 1988 [Pub. L. 100-512, 102 Stat. 2549], the provisions of paragraph (1) of this subsection shall not be construed as affecting such subsections. "(c) Extension for River System General Adjudication. - If, at any time prior to March 31, 1999, the Secretary notifies the Committee on Indian Affairs of the United States Senate or the Committee on Resources in the United States House of Representatives that the Settlement Agreement, as executed by the Secretary, has been submitted to the Superior Court of the State of Arizona in and for Maricopa County for consideration and approval as part of the General Adjudication of the Gila River System and Source, the [sic] March 31, 1999, referred to in subsection (b)(1) shall be deemed to be changed to December 31, 1999. [The Secretary notified the Committees on Mar. 30, 1999.]" [For definitions of terms used in section 3711(a)-(c) of Pub. L. 102-575, set out above, see section 3703 of Pub. L. 102-575, title XXXVII, Oct. 30, 1992, 106 Stat. 4741, as amended.] [Pub. L. 104-91, title II, Sec. 202(b), Jan. 6, 1996, 110 Stat. 14, provided that: ["(1) In general. - The amendment made by subsection (a) [amending section 3711 of Pub. L. 102-575, set out above] shall take effect as of December 31, 1995. ["(2) Lapsed provisions of law and contracts. - The provisions of subsections (c) and (d) of section 3704 [106 Stat. 4743], subsections (a) and (b) of section 3705 [106 Stat. 4744], section 3706 [106 Stat. 4745], subsections (a)(2), (c), (d), and (f) of section 3707 [106 Stat. 4747], subsections (b) and (c) of section 3708 [106 Stat. 4748], and subsections (a), (b), (c), (d), (e), (g), (h), (j), and (l) of section 3710 of such Act [106 Stat. 4750, subsec. (e) amends this section], together with each contract entered into pursuant to any such section or subsection (with the consent of the non-Federal parties thereto), shall be effective on and after the date of enactment of this Act [Jan. 6, 1996], subject to the December 31, 1996, deadline specified in such section 3711(b)(1), as amended by subsection (a) of this section [section 3711(b)(1) of Pub. L. 102-575, set out above]."] -End- -CITE- 25 USC CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -MISC1- Sec. 391. Continuance of restrictions on alienation in patent. 391a. Sale for town site; removal of restriction. 392. Consent to or approval of alienation of allotments by Secretary of the Interior. 393. Leases of restricted allotments. 393a. Lands of Five Civilized Tribes. 394. Leases of arid allotted lands. 395. Leases of allotted lands where allottee is incapacitated. 396. Leases of allotted lands for mining purposes. 396a. Leases of unallotted lands for mining purposes; duration of leases. 396b. Public auction of oil and gas leases; requirements. 396c. Lessees of restricted lands to furnish bonds for performance. 396d. Rules and regulations governing operations; limitations on oil or gas leases. 396e. Officials authorized to approve leases. 396f. Lands excepted from leasing provisions. 396g. Subsurface storage of oil or gas. 397. Leases of lands for grazing or mining. 398. Leases of unallotted lands for oil and gas mining purposes. 398a. Leases of unallotted lands for oil and gas mining purposes within Executive order Indian reservations. 398b. Proceeds from rentals, royalties, and bonuses; disposition. 398c. Taxes. 398d. Changes in boundaries of Executive order reservations. 398e. Applications for permits to prospect for oil and gas filed under other statutes; disposition. 399. Leases of unallotted mineral lands withdrawn from entry under mining laws. 400. Leases for mining purposes of reserved and unallotted lands in Fort Peck and Blackfeet Indian Reservations. 400a. Lease for mining purposes of land reserved for agency or school; disposition of proceeds; royalty. 401. Leases for mining purposes of unallotted lands in Kaw Reservation. 402. Leases of surplus lands. 402a. Lease of unallotted irrigable lands for farming purposes. 403. Leases of lands held in trust. 403a. Lease of lands on Port Madison and Snohomish or Tulalip Indian Reservations in Washington. 403a-1. Sale or partition by owners of interests in allotted lands in the Tulalip Reservation; termination of Federal title, trust, and restrictions. 403a-2. Acquisition, management, and disposal of lands by Tulalip Tribe. (a) Termination of Federal trust and restrictions on alienation. (b) Lands in trust. (c) Mortgages. (d) Moneys or credits. 403b. Lease of restricted lands in State of Washington. 403c. Identity of lessor; period of lease. 404. Sale on petition of allottee or heirs. 405. Sale of allotment of noncompetent Indian. 406. Sale of timber on lands held under trust. (a) Deductions for administrative expenses; standards guiding sales. (b) Undivided interests. (c) Unrestricted interests. (d) Representation of minors and others. (e) Emergency sales. (f) Change in status without affecting contractual obligations. 407. Sale of timber on unallotted lands. 407a to 407c. Omitted. 407d. Charges for special services to purchasers of timber. 408. Surrender of allotments by relinquishment for benefit of children. 409. Sale of lands within reclamation projects. 409a. Sale of restricted lands; reinvestment in other restricted lands. 410. Moneys from lease or sale of trust lands not liable for certain debts. 411. Interest on moneys from proceeds of sale. 412. Payment of taxes from share of allottee in tribal funds. 412a. Exemption from taxation of lands subject to restrictions against alienation; determination of homestead. 413. Fees to cover cost of work performed for Indians. 414. Reservation of minerals in sale of Choctaw-Chickasaw lands. 415. Leases of restricted lands. (a) Authorized purposes; term; approval by Secretary. (b) Leases involving Tulalip Tribes. (c) Leases involving Hopi Tribe and Hopi Partitioned Lands Accommodation Agreement. (d) Definitions. (e) Leases of restricted lands for the Navajo Nation. (f) Leases involving Gila River Indian Community Reservation; arbitration of disputes. 415a. Lease of lands of deceased Indians for benefit of heirs or devisees. 415b. Advance payment of rent or other consideration. 415c. Approval of leases. 415d. Lease of restricted lands under other laws unaffected. 416. Leases of trust or restricted lands on San Xavier and Salt River Pima-Maricopa Indian Reservations for public, religious, educational, recreational, residential, business, farming or grazing purposes. 416a. Lease provisions. (a) Covenant not to cause waste, etc. (b) Judicial enforcement. (c) Binding arbitration of disputes. 416b. Development pursuant to lease. (a) Notice requirements prior to approval of lease. (b) Development by non-Indian lessees. 416c. Lease of lands of deceased Indians for benefit of heirs or devisees. 416d. Advance payment of rent or other consideration. 416e. Approval of leases. 416f. Dedication of land for public purposes. 416g. Contract for water, sewerage, law enforcement, or other public services. 416h. Zoning, building, and sanitary regulations. 416i. Restrictions. 416j. Mission San Xavier del Bac. -End- -CITE- 25 USC Sec. 391 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 391. Continuance of restrictions on alienation in patent -STATUTE- Prior to the expiration of the trust period of any Indian allottee to whom a trust or other patent containing restrictions upon alienation has been or shall be issued under any law or treaty the President may, in his discretion, continue such restrictions on alienation for such period as he may deem best: Provided, however, That this shall not apply to lands in the former Indian Territory. -SOURCE- (June 21, 1906, ch. 3504, 34 Stat. 326.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 348a of this title. -End- -CITE- 25 USC Sec. 391a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 391a. Sale for town site; removal of restriction -STATUTE- For the purpose of allowing any Indian allottee to sell for townsite purposes any portion of the lands allotted to him, the Secretary of the Interior may, by order, remove restrictions upon the alienation of such lands and issue fee-simple patents therefor under such rules and regulations as he may prescribe. -SOURCE- (June 21, 1906, ch. 3504, 34 Stat. 373.) -End- -CITE- 25 USC Sec. 392 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 392. Consent to or approval of alienation of allotments by Secretary of the Interior -STATUTE- Whenever, in any law or treaty or in any patent issued to Indian allottees for lands in severalty pursuant to such law or treaty, there appears a provision to the effect that the lands so allotted cannot be alienated without the consent of the President of the United States, the Secretary of the Interior shall have full power and authority to consent to or approve of the alienation of such allotments, in whole or in part, in his discretion, by deed, will, lease, or any other form of conveyance, and such consent or approval by the Secretary of the Interior on and after September 21, 1922, had in all such cases shall have the same force and legal effect as though the consent or approval of the President had previously been obtained: Provided, however, That the approval by the Secretary of the Interior of wills by Indian allottees or their heirs involving lands held under such patents shall not operate to remove the restrictions against alienation unless such order of approval by said Secretary shall specifically so direct. -SOURCE- (Sept. 21, 1922, ch. 367, Sec. 6, 42 Stat. 995.) -End- -CITE- 25 USC Sec. 393 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 393. Leases of restricted allotments -STATUTE- The restricted allotment of any Indian may be leased for farming and grazing purposes by the allottee or his heirs, subject only to the approval of the superintendent or other officer in charge of the reservation where the land is located, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That this provision shall not apply to the Five Civilized Tribes. -SOURCE- (Mar. 3, 1921, ch. 119, 41 Stat. 1232.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 393a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 393a. Lands of Five Civilized Tribes -STATUTE- From and after thirty days from February 11, 1936 the restricted lands belonging to Indians of the Five Civilized Tribes in Oklahoma of one-half or more Indian blood, enrolled or unenrolled, may be leased for periods of not to exceed five years for farming and grazing purposes, under such rules and regulations as the Secretary of the Interior may prescribe and not otherwise. Such leases shall be made by the owner or owners of such lands, if adults, subject to approval by the superintendent or other official in charge of the Five Civilized Tribes Agency, and by such superintendent or other official in charge of said agency in cases of minors and of Indians who are non compos mentis. -SOURCE- (Feb. 11, 1936, ch. 50, 49 Stat. 1135.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 394 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 394. Leases of arid allotted lands -STATUTE- Whenever it shall appear to the satisfaction of the Secretary of the Interior that the allotted lands of any Indian are arid but susceptible of irrigation and that the allottee, by reason of old age or other disability, cannot personally occupy or improve his allotment or any portion thereof, such lands, or such portion thereof, may be leased for a period not exceeding ten years, under such terms, rules, and regulations as may be prescribed by the Secretary of the Interior. -SOURCE- (May 18, 1916, ch. 125, Sec. 1, 39 Stat. 128.) -End- -CITE- 25 USC Sec. 395 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 395. Leases of allotted lands where allottee is incapacitated -STATUTE- Whenever it shall be made to appear to the Secretary of the Interior that, by reason of age, disability, or inability, any allottee of Indian lands cannot personally, and with benefit to himself, occupy or improve his allotment or any part thereof, the same may be leased upon such terms, regulations, and conditions as shall be prescribed by the Secretary for a term not exceeding five years, for farming purposes only. -SOURCE- (May 31, 1900, ch. 598, 31 Stat. 229.) -COD- CODIFICATION Act May 31, 1900, is applicable to "any allottee of Indian lands" and authorizes leases "for a term not exceeding five years, for farming purposes only" and supersedes the following prior provisions: Act June 7, 1897, ch. 3, 30 Stat. 85. Act June 10, 1896, ch. 398, 29 Stat. 340. Act Mar. 2, 1895, ch. 188, 28 Stat. 900. Act Aug. 15, 1894, ch. 290, 28 Stat. 305. -MISC1- OTHER LEASING PROVISIONS Special provisions for leasing allotted lands on certain reservations named in Utah and in Wyoming, for cultivation under irrigation, were made by act Apr. 30, 1908, ch. 153, 35 Stat. 95, 97. Special provisions permitting Indians to whom lands have been allotted on the Yakima Indian reservation in the State of Washington, to lease such lands for agricultural purposes for a term not exceeding 5 years, or unimproved lands for a term not exceeding 10 years were made by acts May 31, 1900, ch. 598, 31 Stat. 246; Mar. 1, 1899, ch. 324, 30 Stat. 941. -End- -CITE- 25 USC Sec. 396 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 396. Leases of allotted lands for mining purposes -STATUTE- All lands allotted to Indians in severalty, except allotments made to members of the Five Civilized Tribes and Osage Indians in Oklahoma, may by said allottee be leased for mining purposes for any term of years as may be deemed advisable by the Secretary of the Interior; and the Secretary of the Interior is authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this section into full force and effect: Provided, That if the said allottee is deceased and the heirs to or devisees of any interest in the allotment have not been determined, or, if determined, some or all of them cannot be located, the Secretary of the Interior may offer for sale leases for mining purposes to the highest responsible qualified bidder, at public auction, or on sealed bids, after notice and advertisement, upon such terms and conditions as the Secretary of the Interior may prescribe. The Secretary of the Interior shall have the right to reject all bids whenever in his judgment the interests of the Indians will be served by so doing, and to readvertise such lease for sale. -SOURCE- (Mar. 3, 1909, ch. 263, 35 Stat. 783; Aug. 9, 1955, ch. 615, Sec. 3, 69 Stat. 540.) -MISC1- AMENDMENTS 1955 - Act Aug. 9, 1955, authorized Secretary of the Interior to lease allotted lands for mining purposes where the allottee is deceased and the heirs to or devisees of any interest in the allotment either have not been determined or cannot be located. LEASES OF CERTAIN ALLOTTED LANDS Pub. L. 106-462, title II, Sec. 201, Nov. 7, 2000, 114 Stat. 2007, authorized the Secretary of the Interior to approve oil or gas leases affecting individually owned Navajo Indian allotted lands in certain circumstances and defined pertinent terms with respect to such leases. Pub. L. 105-188, Sec. 1, July 7, 1998, 112 Stat. 620, as amended by Pub. L. 106-67, Sec. 1(2), Oct. 6, 1999, 113 Stat. 979, authorized Secretary of the Interior to approve any mineral lease or agreement that affects individually owned land located within Fort Berthold Indian Reservation in North Dakota or certain former Indian reservations located in Oklahoma upon consent of majority interest and best interest determination. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 396g of this title. -End- -CITE- 25 USC Sec. 396a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 396a. Leases of unallotted lands for mining purposes; duration of leases -STATUTE- On and after May 11, 1938, unallotted lands within any Indian reservation or lands owned by any tribe, group, or band of Indians under Federal jurisdiction, except those specifically excepted from the provisions of sections 396a to 396g of this title, may, with the approval of the Secretary of the Interior, be leased for mining purposes, by authority of the tribal council or other authorized spokesmen for such Indians, for terms not to exceed ten years and as long thereafter as minerals are produced in paying quantities. -SOURCE- (May 11, 1938, ch. 198, Sec. 1, 52 Stat. 347.) -MISC1- REPEAL OF INCONSISTENT ACTS Section 7 of act May 11, 1938, provided that: "All Act [Acts] or parts of Acts inconsistent herewith are hereby repealed." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 396d, 396f, 396g, 459c, 1724, 2105 of this title. -End- -CITE- 25 USC Sec. 396b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 396b. Public auction of oil and gas leases; requirements -STATUTE- Leases for oil- and/or gas-mining purposes covering such unallotted lands shall be offered for sale to the highest responsible qualified bidder, at public auction or on sealed bids, after notice and advertisement, upon such terms and subject to such conditions as the Secretary of the Interior may prescribe. Such advertisement shall reserve to the Secretary of the Interior the right to reject all bids whenever in his judgment the interest of the Indians will be served by so doing, and if no satisfactory bid is received, or the accepted bidder fails to complete the lease, or the Secretary of the Interior shall determine that it is unwise in the interest of the Indians to accept the highest bid, said Secretary may readvertise such lease for sale, or with the consent of the tribal council or other governing tribal authorities, a lease may be made by private negotiations: Provided, That the foregoing provisions shall in no manner restrict the right of tribes organized and incorporated under sections 16 and 17 of the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 476, 477], to lease lands for mining purposes as therein provided and in accordance with the provisions of any constitution and charter adopted by any Indian tribe pursuant to the Act of June 18, 1934 [25 U.S.C. 461 et seq.]. -SOURCE- (May 11, 1938, ch. 198, Sec. 2, 52 Stat. 347.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (Sec. 461 et seq.) of chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -MISC1- REPEAL OF INCONSISTENT ACTS For repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 396a, 396d, 396f, 459c, 1724, 2105 of this title. -End- -CITE- 25 USC Sec. 396c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 396c. Lessees of restricted lands to furnish bonds for performance -STATUTE- On and after May 11, 1938, lessees of restricted Indian lands, tribal or allotted, for mining purposes, including oil and gas, shall furnish corporate surety bonds, in amounts satisfactory to the Secretary of the Interior, guaranteeing compliance with the terms of their leases: Provided, That personal surety bonds may be accepted where the sureties deposit as collateral with the said Secretary of the Interior any public-debt obligations of the United States guaranteed as to principal and interest by the United States equal to the full amount of such bonds, or other collateral satisfactory to the Secretary of the Interior, or show ownership to unencumbered real estate of a value equal to twice the amount of the bonds. -SOURCE- (May 11, 1938, ch. 198, Sec. 3, 52 Stat. 348.) -MISC1- REPEAL OF INCONSISTENT ACTS For repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 396a, 396d, 396f, 459c, 1724, 2105 of this title. -End- -CITE- 25 USC Sec. 396d 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 396d. Rules and regulations governing operations; limitations on oil or gas leases -STATUTE- All operations under any oil, gas, or other mineral lease issued pursuant to the terms of sections 396a to 396g of this title or any other Act affecting restricted Indian lands shall be subject to the rules and regulations promulgated by the Secretary of the Interior. In the discretion of the said Secretary, any lease for oil or gas issued under the provisions of sections 396a to 396g of this title shall be made subject to the terms of any reasonable cooperative unit or other plan approved or prescribed by said Secretary prior or subsequent to the issuance of any such lease which involves the development or production of oil or gas from land covered by such lease. -SOURCE- (May 11, 1938, ch. 198, Sec. 4, 52 Stat. 348.) -MISC1- REPEAL OF INCONSISTENT ACTS For repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 396a, 396f, 459c, 1724, 2105 of this title. -End- -CITE- 25 USC Sec. 396e 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 396e. Officials authorized to approve leases -STATUTE- The Secretary of the Interior may, in his discretion, authorize superintendents or other officials in the Indian Service to approve leases for oil, gas, or other mining purposes covering any restricted Indian lands, tribal or allotted. -SOURCE- (May 11, 1938, ch. 198, Sec. 5, 52 Stat. 348.) -MISC1- REPEAL OF INCONSISTENT ACTS For repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 396a, 396d, 459c, 1724, 2105 of this title. -End- -CITE- 25 USC Sec. 396f 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 396f. Lands excepted from leasing provisions -STATUTE- Sections 396a, 396b, 396c, and 396d of this title shall not apply to the Crow Reservation in Montana, the ceded lands of the Shoshone Reservation in Wyoming, the Osage Reservation in Oklahoma, nor to the coal and asphalt lands of the Choctaw and Chickasaw Tribes in Oklahoma. -SOURCE- (May 11, 1938, ch. 198, Sec. 6, 52 Stat. 348; May 27, 1955, ch. 106, Sec. 2, 69 Stat. 68.) -MISC1- AMENDMENTS 1955 - Act May 27, 1955, struck out "the Papago Indian Reservation in Arizona," after "shall not apply to". REPEAL OF INCONSISTENT ACTS For repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title. PAPAGO INDIAN RESERVATION Section 1 of act May 27, 1955, authorized the leasing of minerals for mining purposes. See note under section 463 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 396a, 396d, 459c, 1724, 2105 of this title. -End- -CITE- 25 USC Sec. 396g 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 396g. Subsurface storage of oil or gas -STATUTE- The Secretary of the Interior, to avoid waste or to promote the conservation of natural resources or the welfare of the Indians, is authorized in his discretion to approve leases of lands that are subject to lease under section 396 or 396a of this title, for the subsurface storage of oil and gas, irrespective of the lands from which initially produced, and the Secretary is authorized, in order to provide for the subsurface storage of oil or gas, to approve modifications, amendments, or extensions of the oil and gas or other mining lease(s), if any, in effect as to restricted Indian lands, tribal or allotted, and may promulgate rules and regulations consistent with such leases, modifications, amendments, and extensions, relating to the storage of oil or gas thereunder. Any such leases may provide for the payment of a storage fee or rental on such stored oil or gas or, in lieu of such fee or rental, for a royalty other than that prescribed in the lease when such stored oil or gas is produced in conjunction with oil or gas not previously produced. It may be provided that any oil and gas lease under which storage of oil or gas is so authorized shall be continued in effect at least for the period of such storage use and so long thereafter as oil or gas not previously produced is produced in paying quantities. -SOURCE- (May 11, 1938, ch. 198, Sec. 8, as added Aug. 1, 1956, ch. 808, 70 Stat. 774.) -MISC1- REPEAL OF INCONSISTENT ACTS For repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 396a, 396d, 459c, 1724, 2105 of this title. -End- -CITE- 25 USC Sec. 397 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 397. Leases of lands for grazing or mining -STATUTE- Where lands are occupied by Indians who have bought and paid for the same, and which lands are not needed for farming or agricultural purposes, and are not desired for individual allotments, the same may be leased by authority of the council speaking for such Indians, for a period not to exceed five years for grazing, or ten years for mining purposes in such quantities and upon such terms and conditions as the agent in charge of such reservation may recommend, subject to the approval of the Secretary of the Interior. -SOURCE- (Feb. 28, 1891, ch. 383, Sec. 3, 26 Stat. 795.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 371, 398 of this title. -End- -CITE- 25 USC Sec. 398 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 398. Leases of unallotted lands for oil and gas mining purposes -STATUTE- Unallotted land on Indian reservations other than lands of the Five Civilized Tribes and the Osage Reservation subject to lease for mining purposes for a period of ten years under section 397 of this title may be leased at public auction by the Secretary of the Interior, with the consent of the council speaking for such Indians, for oil and gas mining purposes for a period of not to exceed ten years, and as much longer as oil or gas shall be found in paying quantities, and the terms of any existing oil and gas mining lease may in like manner be amended by extending the term thereof for as long as oil or gas shall be found in paying quantities: Provided, That the production of oil and gas and other minerals on such lands may be taxed by the State in which said lands are located in all respects the same as production on unrestricted lands, and the Secretary of the Interior is authorized and directed to cause to be paid the tax so assessed against the royalty interests on said lands: Provided, however, That such tax shall not become a lien or charge of any kind or character against the land or the property of the Indian owner. -SOURCE- (May 29, 1924, ch. 210, 43 Stat. 244.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 398a of this title. -End- -CITE- 25 USC Sec. 398a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 398a. Leases of unallotted lands for oil and gas mining purposes within Executive order Indian reservations -STATUTE- Unallotted lands within the limits of any reservation or withdrawal created by Executive order for Indian purposes or for the use or occupancy of any Indians or tribe may be leased for oil and gas mining purposes in accordance with the provisions contained in section 398 of this title. -SOURCE- (Mar. 3, 1927, ch. 299, Sec. 1, 44 Stat. 1347.) -End- -CITE- 25 USC Sec. 398b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 398b. Proceeds from rentals, royalties, and bonuses; disposition -STATUTE- The proceeds from rentals, royalties, or bonuses of oil and gas leases upon lands within Executive order Indian reservations or withdrawals shall be deposited in the Treasury of the United States to the credit of the tribe of Indians for whose benefit the reservation or withdrawal was created or who are using and occupying the land, and shall draw interest at the rate of 4 per centum per annum and be available for appropriation by Congress for expenses in connection with the supervision of the development and operation of the oil and gas industry and for the use and benefit of such Indians: Provided, That said Indians, or their tribal council, shall be consulted in regard to the expenditure of such money, but no per capita payment shall be made except by Act of Congress. -SOURCE- (Mar. 3, 1927, ch. 299, Sec. 2, 44 Stat. 1347.) -End- -CITE- 25 USC Sec. 398c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 398c. Taxes -STATUTE- Taxes may be levied and collected by the State or local authority upon improvements, output of mines or oil and gas wells, or other rights, property, or assets of any lessee upon lands within Executive order Indian reservations in the same manner as such taxes are otherwise levied and collected, and such taxes may be levied against the share obtained for the Indians as bonuses, rentals, and royalties, and the Secretary of the Interior is hereby authorized and directed to cause such taxes to be paid out of the tribal funds in the Treasury: Provided, That such taxes shall not become a lien or charge of any kind against the land or other property of such Indians. -SOURCE- (Mar. 3, 1927, ch. 299, Sec. 3, 44 Stat. 1347.) -End- -CITE- 25 USC Sec. 398d 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 398d. Changes in boundaries of Executive order reservations -STATUTE- Changes in the boundaries of reservations created by Executive order, proclamation, or otherwise for the use and occupation of Indians shall not be made except by Act of Congress. -SOURCE- (Mar. 3, 1927, ch. 299, Sec. 4, 44 Stat. 1347; Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-579 struck out proviso relating to nonapplicability of provisions to temporary withdrawals by Secretary of the Interior. EFFECTIVE DATE OF 1976 AMENDMENT Section 704(a) of Pub. L. 94-579 provided that the amendment made by that section is effective on and after Oct. 21, 1976. SAVINGS PROVISION Amendment by Pub. L. 94-579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see Savings Provision note set out under section 1701 of Title 43, Public Lands. -End- -CITE- 25 USC Sec. 398e 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 398e. Applications for permits to prospect for oil and gas filed under other statutes; disposition -STATUTE- The Secretary of the Interior is hereby authorized, under such rules and regulations as he may prescribe, to allow any person who prior to May 27, 1924, filed an application for a permit in accordance with the provisions of the Act of February 25, 1920, to prospect for oil and gas upon lands within an Indian reservation or withdrawal created by Executive order who shall show to the satisfaction of the Secretary of the Interior that he, or the party with whom he has contracted, has done prior to January 1, 1926, any or all of the following things, to wit, expended money or labor in geologically surveying the lands covered by such application, has built a road for the benefit of such lands, or has drilled or contributed toward the drilling of the geologic structure upon which such lands are located, or who in good faith has either filed a motion for reinstatement or rehearing; or performed any other act which in the judgment of the Secretary of the Interior entitles him to equitable relief, to prospect for a period of two years from March 3, 1927, or for such further time as the Secretary of the Interior may deem reasonable or necessary for the full exploration of the land described in his application under the terms and conditions therein set out, and a substantial contribution toward the drilling of the geologic structure thereon by such applicant for a permit thereon may be considered as prospecting under the provisions hereof; and upon establishing to the satisfaction of the Secretary of the Interior that valuable deposits of oil and gas have been discovered within the limits of the land embraced in any such application, he shall be entitled to a lease for one-fourth of the land embraced in the application: Provided, That the applicant shall be granted a lease for as much as one hundred and sixty acres of said lands if there be that number of acres within the application. The area to be selected by the applicant shall be in compact form and, if surveyed, to be described by the legal subdivisions of the public land surveyed; if unsurveyed, to be surveyed by the Government at the expense of the applicant for lease in accordance with rules and regulations to be prescribed by the Secretary of the Interior, and the lands leased shall be conformed to and taken in accordance with the legal subdivisions of such surveys; deposit made to cover expense of surveys shall be deemed appropriated for that purpose, and any excess deposits may be repaid to the person or persons making such deposit or their legal representatives. Such leases shall be for a term of twenty years upon a royalty of 5 per centum in amount or value of the production and the annual payment in advance of a rental of $1 per acre, the rental paid for any one year to be credited against the royalties as they may accrue for that year, with the preferential right in the lessee to renew the same for successive periods of ten years upon such reasonable terms and conditions as may be prescribed by the Secretary of the Interior. The applicant shall also be entitled to a preference right to a lease for the remainder of the land in his application at a royalty of not less than 12 1/2 per centum in amount or value of the production, the royalty to be determined by competitive bidding or fixed by such other methods as the Secretary of the Interior may by regulations prescribe: Provided further, That the Secretary of the Interior shall have the right to reject any or all bids. -SOURCE- (Mar. 3, 1927, ch. 299, Sec. 5, 44 Stat. 1347.) -REFTEXT- REFERENCES IN TEXT Act of February 25, 1920, referred to in text, probably means act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. -End- -CITE- 25 USC Sec. 399 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 399. Leases of unallotted mineral lands withdrawn from entry under mining laws -STATUTE- Authority of Secretary of the Interior to lease - The Secretary of the Interior is authorized and empowered, under general regulations to be fixed by him and under such terms and conditions as he may prescribe, not inconsistent with the terms of this section, to lease to citizens of the United States, or to any association of such persons, or to any corporation organized under the laws of the United States or of any State or Territory thereof, any part of the unallotted lands within any Indian reservation within the States of Arizona, California, Idaho, Montana, Nevada, New Mexico, Oregon, Washington, or Wyoming withdrawn prior to June 30, 1919, from entry under the mining laws for the purpose of mining for deposits of gold, silver, copper, and other valuable metalliferous minerals, and nonmetalliferous minerals, not including oil and gas, which leases shall be irrevocable, except as herein provided, but which may be declared null and void upon breach of any of their terms. Location of mining claims - Unallotted lands, or such portion thereof as the Secretary of the Interior shall determine, within Indian reservations withheld prior to June 30, 1919, from disposition under the mining laws may be declared by the Secretary of the Interior to be subject to exploration for the discovery of deposits of gold, silver, copper, and other valuable metalliferous minerals and nonmetalliferous minerals, not including oil and gas, by citizens of the United States, and after such declaration mining claims may be located by such citizens in the same manner as mining claims are located under the mining laws of the United States. Preference right of locators of claims to lease of lands - The locators of all such mining claims, or their heirs, successors, or assigns, shall have a preference right to apply to the Secretary of the Interior for a lease, under the terms and conditions of this section, within one year after the date of the location of any mining claim, and any such locator who shall fail to apply for a lease within one year from the date of location shall forfeit all rights to such mining claim. Filing copies of location notices - Duplicate copies of the location notice shall be filed within sixty days with the superintendent in charge of the reservation on which the mining claim is located, and application for a lease under this section may be filed with such superintendent for transmission, through official channels, to the Secretary of the Interior. Lands excepted from entry as mining claims - Lands containing springs, water holes, or other bodies of water needed or used by the Indians for watering livestock, irrigation, or water-power purposes shall not be designated by the Secretary of the Interior as subject to entry under this section. Term of lease; renewal - Leases under this section shall be for a period of twenty years, with the preferential right in the lessee to renew the same for successive periods of ten years, upon such reasonable terms and conditions as may be prescribed by the Secretary of the Interior, unless otherwise provided by law at the time of the expiration of such periods. Relinquishment of rights by lessee - The lessee may, in the discretion of the Secretary of the Interior, be permitted at any time to make written relinquishment of all rights under such a lease and upon acceptance thereof be thereby relieved of all future obligations under said lease. Lease of additional land for camp sites and other purposes - In addition to areas of mineral land to be included in leases under this section the Secretary of the Interior, in his discretion, may grant to the lessee the right to use, during the life of the lease, subject to the payment of an annual rental of not less than $1 per acre, a tract of unoccupied land, not exceeding forty acres in area, for camp sites, milling, smelting, and refining works, and for other purposes connected with and necessary to the proper development and use of the deposits covered by the lease. Reservation of surface of leased land to United States; easements - The Secretary of the Interior, in his discretion, in making any lease under this section, may reserve to the United States the right to lease for a term not exceeding that of the mineral lease, the surface of the lands embraced within such lease under existing law or laws hereafter enacted, insofar as said surface is not necessary for use of the lessee in extracting and removing the deposits therein: Provided, That the said Secretary, during the life of the lease, is hereby authorized to issue such permits for easements herein provided to be reserved. Rights and duties of successors to lessees - Any successor in interest or assignee of any lease granted under this section, whether by voluntary transfer, judicial sale, foreclosure sale, or otherwise, shall be subject to all the conditions of the lease under which such rights are held and also subject to all the provisions and conditions of this section to the same extent as though such successor or assign were the original lessee hereunder. Forfeiture of leases; notice - Any lease granted under this section may be forfeited and canceled by appropriate proceedings in the United States district court for the district in which said property or some part thereof is situated whenever the lessee, after reasonable notice in writing, as prescribed in the lease, shall fail to comply with the terms of this section or with such conditions not inconsistent herewith as may be specifically recited in the lease. Royalties payable by lessees - For the privilege of mining or extracting the mineral deposits in the ground covered by the lease the lessee shall pay to the United States, for the benefit of the Indians, a royalty which shall not be less than 5 per centum of the net value of the output of the minerals at the mine, due and payable at the end of each month succeeding that of the extraction of the minerals from the mine, and an annual rental, payable at the date of such lease and annually thereafter on the area covered by such lease, at the rate of not less than 25 cents per acre for the first calendar year thereafter; not less than 50 cents per acre for the second, third, fourth, and fifth years, respectively; and not less than $1 per acre for each and every year thereafter during the continuance of the lease, except that such rental for any year shall be credited against the royalties as they accrue for that year. Development work by locators or lessees; damage to land - In addition to the payment of the royalties and rentals as herein provided the lessee shall expend annually not less than $100 in development work for each mining claim located or leased in the same manner as an annual expenditure for labor or improvements is required to be made under the mining laws of the United States: Provided, That the lessee shall also agree to pay all damages occasioned by reason of his mining operations to the land or allotment of any Indian or to the crops or improvements thereon. Cutting timber by lessees - No timber shall be cut upon the reservation by the lessee except for mining purposes and then only after first obtaining a permit from the superintendent of the reservation and upon payment of the fair value thereof. Examination of books and accounts of lessees - The Secretary of the Interior is authorized to examine the books and accounts of lessees, and to require them to submit statements, representations, or reports, including information as to cost of mining, all of which statements, representations, or reports so required shall be upon oath, unless otherwise specified, and in such form and upon such blanks as the Secretary of the Interior may require; and any person making any false statement, representation, or report under oath or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28 shall be subject to punishment as for perjury. Disposition of rentals and royalties - All moneys received from royalties and rentals under the provisions of this section shall be deposited in the Treasury of the United States to the credit of the Indians belonging and having tribal rights on the reservation where the leased land is located, which moneys shall be at all times subject to appropriation by Congress for their benefit, unless otherwise provided by treaty or agreement ratified by Congress: Provided, That such moneys shall be subject to the laws authorizing the pro rata distribution of Indian tribal funds. Protection of interests of Indians - The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations not inconsistent with this section as may be necessary and proper for the protection of the interests of the Indians and for the purpose of carrying the provisions of this section into full force and effect: Provided, That nothing in this section shall be construed or held to affect the right of the States or other local authority to exercise any rights which they may have to levy and collect taxes upon improvements, output of mines, or other rights, property, or assets of any lessee. Mining locations by and leases to Indians declared competent - Mining locations, under the terms of this section, may be made on unallotted lands within Indian reservations by Indians who have heretofore or may hereafter be declared by the Secretary of the Interior to be competent to manage their own affairs; and the said Secretary is authorized and empowered to lease such lands to such Indians in accordance with the provisions of this section. Mining locations by and leases to other Indians - The Secretary of the Interior is authorized to permit other Indians to make locations and obtain leases under the provisions of this section, under such rules and regulations as he may prescribe in regard to the working, developing, disposition, and selling of the products, and the disposition of the proceeds thereof of any such mine by such Indians. "Metalliferous" defined - Wherever the term "metalliferous" is used in this section it shall be defined and construed by the Secretary of the Interior to include magnesite, gypsum, limestone, and asbestos. -SOURCE- (June 30, 1919, ch. 4, Sec. 26, 41 Stat. 31; Mar. 3, 1921, ch. 119, 41 Stat. 1231; Dec. 16, 1926, ch. 12, 44 Stat. 922; Pub. L. 94-550, Sec. 10, Oct. 18, 1976, 90 Stat. 2536.) -REFTEXT- REFERENCES IN TEXT The mining laws of the United States, referred to in text, are classified generally to Title 30, Mineral Lands and Mining. -COD- CODIFICATION Act Mar. 3, 1921, defined the term "metalliferous". -MISC1- AMENDMENTS 1976 - Pub. L. 94-550 inserted "or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28" after "under oath" in paragraph authorizing Secretary of the Interior to examine books and accounts of lessees. 1926 - Act Dec. 16, 1926, inserted "and nonmetalliferous minerals, not including oil and gas" after "metalliferous minerals" in first and second paragraphs and reenacted third, fourth, and fifth paragraphs without change. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1,2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 672 of this title. -End- -CITE- 25 USC Sec. 400 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 400. Leases for mining purposes of reserved and unallotted lands in Fort Peck and Blackfeet Indian Reservations -STATUTE- Lands reserved for school and agency purposes and all other unallotted lands on the Fort Peck and Blackfeet Indian Reservations, in the State of Montana, reserved from allotment or other disposition, may be leased for mining purposes under regulations prescribed by the Secretary of the Interior. -SOURCE- (Sept. 20, 1922, ch. 347, 42 Stat. 857.) -End- -CITE- 25 USC Sec. 400a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 400a. Lease for mining purposes of land reserved for agency or school; disposition of proceeds; royalty -STATUTE- The Secretary of the Interior is authorized under such rules and regulations as he may prescribe, to lease at public auction upon not less than thirty days' public notice for mining purposes land on any Indian reservation reserved for Indian agency or school purposes, in accordance with existing law applicable to other lands in such reservation, and the proceeds arising therefrom shall be deposited in the Treasury of the United States to the credit of the Indians for whose benefit the lands are reserved subject to appropriation by Congress for educational work among the Indians or in paying expenses of administration of agencies: Provided, That a royalty of at least one-eighth shall be reserved in all leases. -SOURCE- (Apr. 17, 1926, ch. 156, 44 Stat. 300.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1,2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 401 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 401. Leases for mining purposes of unallotted lands in Kaw Reservation -STATUTE- The Secretary of the Interior is authorized to lease for mining purposes lands reserved from allotment to be used as a cemetery and not needed for that purpose, and lands reserved for school and agency purposes in the Kaw Reservation in the State of Oklahoma, and for the use and benefit of the members of the Kansas or Kaw Tribe of Indians, at public auction, upon such terms and conditions and under such rules and regulations as he may prescribe: Provided, That the production of oil and gas and other minerals on such lands may be taxed by the State in which said lands are located in all respects the same as production on unrestricted lands, and the Secretary of the Interior is hereby authorized and directed to cause to be paid the tax so assessed against the royalty interests on said lands: Provided, however, That such tax shall not become a lien or charge of any kind or character against the land or the property of the Indian owner. -SOURCE- (Apr. 28, 1924, ch. 135, 43 Stat. 111.) -End- -CITE- 25 USC Sec. 402 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 402. Leases of surplus lands -STATUTE- The surplus lands of any tribe may be leased for farming purposes by the council of such tribe under the same rules and regulations and for the same term of years as was on August 15, 1894, allowed in the case of leases for grazing purposes. -SOURCE- (Aug. 15, 1894, ch. 290, Sec. 1, 28 Stat. 305.) -End- -CITE- 25 USC Sec. 402a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 402a. Lease of unallotted irrigable lands for farming purposes -STATUTE- The unallotted irrigable lands on any Indian reservation may be leased for farming purposes for not to exceed ten years with the consent of the tribal council, business committee, or other authorized body representative of the Indians, under such rules and regulations as the Secretary of the Interior may prescribe. -SOURCE- (July 3, 1926, ch. 787, 44 Stat. 894.) -End- -CITE- 25 USC Sec. 403 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 403. Leases of lands held in trust -STATUTE- Any Indian allotment held under a trust patent may be leased by the allottee for a period not to exceed five years, subject to and in conformity with such rules and regulations as the Secretary of the Interior may prescribe, and the proceeds of any such lease shall be paid to the allottee or his heirs, or expended for his or their benefit, in the discretion of the Secretary of the Interior. -SOURCE- (June 25, 1910, ch. 431, Sec. 4, 36 Stat. 856.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 406, 564h, 697, 747 of this title; title 43 section 1617. -End- -CITE- 25 USC Sec. 403a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 403a. Lease of lands on Port Madison and Snohomish or Tulalip Indian Reservations in Washington -STATUTE- Notwithstanding any other provision of law, any Indian lands on the Port Madison and Snohomish or Tulalip Indian Reservations in the State of Washington, may be leased by the Indians with the approval of the Secretary of the Interior, and upon such terms and conditions as he may prescribe, for a term not exceeding twenty-five years: Provided, however, That such leases may provide for renewal for an additional term not exceeding twenty-five years, and the Secretary of the Interior is hereby authorized to prescribe such rules and regulations as may be necessary to carry out the provisions of this section. -SOURCE- (Oct. 9, 1940, ch. 781, 54 Stat. 1057.) -End- -CITE- 25 USC Sec. 403a-1 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 403a-1. Sale or partition by owners of interests in allotted lands in the Tulalip Reservation; termination of Federal title, trust, and restrictions -STATUTE- Any owner of an interest in any tract of land in the Tulalip Reservation, Washington, in which any undivided interest is now or hereafter held in trust by the United States for an Indian, or is now or hereafter owned by an Indian subject to restrictions against alienation or taxation imposed by the United States, may commence in a State court of competent jurisdiction an action for the partition in kind or for the sale of such land in accordance with the laws of the State. For the purpose of any such action the Indian owners shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the proceeding, and any partition or conveyance of the land pursuant to the proceedings shall divest the United States of title to the land, terminate the Federal trust, and terminate all restrictions against alienation or taxation of the land imposed by the United States. -SOURCE- (June 18, 1956, ch. 400, Sec. 1, 70 Stat. 290.) -End- -CITE- 25 USC Sec. 403a-2 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 403a-2. Acquisition, management, and disposal of lands by Tulalip Tribe -STATUTE- (a) Termination of Federal trust and restrictions on alienation Notwithstanding the provisions of the constitution and charter of the Tulalip Tribes of the Tulalip Reservation, any lands that are held by the United States in trust for the Tulalip Tribes, or that are subject to a restriction against alienation or taxation imposed by the United States, or that are on and after June 18, 1956, acquired by the Tulalip Tribes, may be sold by the Tulalip Tribes, with the consent of the Secretary of the Interior, on such terms and conditions as the Tulalip board of directors may prescribe, and such sale shall terminate the Federal trust or restrictions against alienation or taxation of the land; except that the trust or restricted status of said lands may be retained, upon approval of the Secretary of the Interior, in any sale thereof to any member of the Tulalip Tribes. (b) Lands in trust The Secretary of the Interior may accept any transfer of title from the Tulalip Tribes for any land or fractional interest in land within the boundaries of the Tulalip Reservation, and take title to such land in the name of the United States in trust for the Tulalip Tribes, and such lands shall not be subject to taxation. (c) Mortgages The Tulalip Tribes may, with the approval of the Secretary of the Interior, execute mortgages or deeds of trust to land, the title to which is held by the Tulalip Tribes or by the United States in trust for the Tulalip Tribes. Such land shall be subject to foreclosure and sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the State of Washington. For the purpose of any foreclosure or sale proceeding, the Tulalip Tribes shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the foreclosure or sale proceeding, and any conveyance of the land pursuant to the foreclosure or sale proceeding shall divest the United States of title to the land. Title to any land redeemed or acquired by the Tulalip Tribes at such foreclosure or sale proceeding shall be taken in the name of the United States in trust for the tribes. Title to any land purchased by an individual Indian member of the Tulalip Tribes at such foreclosure sale or proceeding may, with the consent of the Secretary of the Interior, be taken in the name of the United States in trust for the individual Indian purchaser. (d) Moneys or credits Any moneys or credits received or credited to the Tulalip Tribes from the sale, exchange, mortgage, or granting of any security interest in any tribal land may be used for any tribal purpose. -SOURCE- (June 18, 1956, ch. 400, Sec. 2, 70 Stat. 290; Pub. L. 91-274, Sec. 1, June 2, 1970, 84 Stat. 301.) -MISC1- AMENDMENTS 1970 - Pub. L. 91-274 designated existing provisions as subsec. (a), substituted the Tulalip Tribes for the Tulalip Board of Directors as the agency authorized to sell tribal lands, provided for the continuance of the trust or restricted status of such lands where the purchaser thereof is any member of the Tulalip Tribes, and struck out proviso that the proceeds from the sale of tribal lands acquired otherwise than by purchase be deposited in the U.S. Treasury to the credit of the Tulalip Tribes, and added subsecs. (b) to (d). -End- -CITE- 25 USC Sec. 403b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 403b. Lease of restricted lands in State of Washington -STATUTE- Notwithstanding any other provisions of law, with the consent in writing of the individual Indian, association of Indians, or Indian tribe concerned, any restricted Indian lands situated within the State of Washington may be leased for religious, educational, recreational, business, or public purposes, including, but not limited to, airports, experimental station, stockyards, warehouses, and grain elevators, for periods not to exceed twenty-five years under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That nothing in this section or section 403c of this title shall be deemed to authorize such leases for the exploitation of any natural resources. -SOURCE- (Aug. 9, 1946, ch. 929, Sec. 1, 60 Stat. 962.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 403c of this title. -End- -CITE- 25 USC Sec. 403c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 403c. Identity of lessor; period of lease -STATUTE- Such leases may be made only by the individual Indian owner of the land or by the authorized representatives of the tribe or group of Indians to whom the land belongs, subject to the approval of the Secretary of the Interior or his authorized representative. Restricted allotments of deceased Indians, when the heirs or devisees cannot agree on a lease, may be leased for them in the manner prescribed by section 380 of this title. No lease shall be made by or on behalf of any tribe for a longer period than is or may be authorized by the tribal constitution, charter, or ordinances. Nothing contained in this section or section 403b of this title shall be construed to repeal any authority to lease restricted lands which any Indian, Indian tribe, or official of the Department of the Interior would have in the absence of such sections. -SOURCE- (Aug. 9, 1946, ch. 929, Sec. 2, 60 Stat. 962.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 403b of this title. -End- -CITE- 25 USC Sec. 404 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 404. Sale on petition of allottee or heirs -STATUTE- The lands, or any part thereof, allotted to any Indian, or any inherited interest therein, which can be sold under existing law by authority of the Secretary of the Interior, except the lands in Oklahoma and the States of Minnesota and South Dakota, may be sold on the petition of the allottee, or his heirs, on such terms and conditions and under such regulations as the Secretary of the Interior may prescribe; and the lands of a minor, or of a person deemed incompetent by the Secretary of the Interior to petition for himself, may be sold in the same manner, on the petition of the natural guardian in the case of infants, and in the case of Indians deemed incompetent as aforesaid, and of orphans without a natural guardian, on petition of a person designated for the purpose by the Secretary of the Interior. When any Indian who has received an allotment of land dies before the expiration of the trust period, the Secretary of the Interior shall ascertain the legal heirs of such Indian, and if satisfied of their ability to manage their own affairs shall cause to be issued in their names a patent in fee simple for said lands; but if he finds them incapable of managing their own affairs, the land may be sold as hereinbefore provided: Provided, That the proceeds derived from all sales hereunder shall be used, during the trust period, for the benefit of the allottee, or heir, so disposing of his interest, under the supervision of the Commissioner of Indian Affairs: And provided further, That upon the approval of any sale hereunder by the Secretary of the Interior, he shall cause a patent in fee to issue in the name of the purchaser for the lands so sold: And provided further, That nothing in this section shall apply to the States of Minnesota and South Dakota. -SOURCE- (May 29, 1908, ch. 216, Sec. 1, 35 Stat. 444.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- YAKIMA INDIAN RESERVATION, WASHINGTON Special provisions for sale of interests of Indian minors in lands of the Yakima Indian reservation, in the State of Washington, whether by direct allotment or by inheritance, were made by act Mar. 27, 1908, ch. 107, 35 Stat. 49. -End- -CITE- 25 USC Sec. 405 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 405. Sale of allotment of noncompetent Indian -STATUTE- Any noncompetent Indian to whom a patent containing restrictions against alienation has been issued for an allotment of land in severalty, under any law or treaty, or who may have an interest in any allotment by inheritance, may sell or convey all or any part of such allotment or such inherited interest on such terms and conditions and under such rules and regulations as the Secretary of the Interior may prescribe, and the proceeds derived therefrom shall be used for the benefit of the allottee or heir so disposing of his land or interest, under the supervision of the Commissioner of Indian Affairs; and any conveyance made hereunder and approved by the Secretary of the Interior shall convey full title to the land or interest so sold, the same as if fee-simple patent had been issued to the allottee. -SOURCE- (Mar. 1, 1907, ch. 2285, 34 Stat. 1018.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 406 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 406. Sale of timber on lands held under trust -STATUTE- (a) Deductions for administrative expenses; standards guiding sales The timber on any Indian land held under a trust or other patent containing restrictions on alienations may be sold by the owner or owners with the consent of the Secretary of the Interior, and the proceeds from such sales, after deductions for administrative expenses to the extent permissible under section 413 of this title, shall be paid to the owner or owners or disposed of for their benefit under regulations to be prescribed by the Secretary of the Interior. It is the intention of Congress that a deduction for administrative expenses may be made in any case unless the deduction would violate a treaty obligation or amount to a taking of private property for public use without just compensation in violation of the fifth amendment to the Constitution. Sales of timber under this subsection shall be based upon a consideration of the needs and best interests of the Indian owner and his heirs. The Secretary shall take into consideration, among other things, (1) the state of growth of the timber and the need for maintaining the productive capacity of the land for the benefit of the owner and his heirs, (2) the highest and best use of the land, including the advisability and practicality of devoting it to other uses for the benefit of the owner and his heirs, and (3) the present and future financial needs of the owner and his heirs. (b) Undivided interests Upon the request of the owners of a majority Indian interest in land in which any undivided interest is held under a trust or other patent containing restrictions on alienations, the Secretary of the Interior is authorized to sell all undivided Indian trust or restricted interests in any part of the timber on such land. (c) Unrestricted interests Upon the request of the owner of an undivided but unrestricted interest in land in which there are trust or restricted Indian interests, the Secretary of the Interior is authorized to include such unrestricted interest in a sale of the trust or restricted Indian interests in timber sold pursuant to this section, and to perform any functions required of him by the contract of sale for both the restricted and the unrestricted interests, including the collection and disbursement of payments for timber and the deduction from such payments of sums in lieu of administrative expenses. (d) Representation of minors and others For the purposes of this Act, the Secretary of the Interior is authorized to represent any Indian owner (1) who is a minor, (2) who has been adjudicated non compos mentis, (3) whose ownership interest in a decedent's estate has not been determined, or (4) who cannot be located by the Secretary after a reasonable and diligent search and the giving of notice by publication. (e) Emergency sales The timber on any Indian land held under a trust or other patent containing restrictions on alienations may be sold by the Secretary of the Interior without the consent of the owners when in his judgment such action is necessary to prevent loss of values resulting from fire, insects, disease, windthrow, or other natural catastrophes. (f) Change in status without affecting contractual obligations A change from a trust or restricted status to an unrestricted status of any interest in timber that has been sold pursuant to this section shall not affect the obligations of the Secretary of the Interior under any contract of sale that is in effect at the time such change in status occurs. -SOURCE- (June 25, 1910, ch. 431, Sec. 8, 36 Stat. 857; Pub. L. 88-301, Apr. 30, 1964, 78 Stat. 187.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (d), is act June 25, 1910, ch. 431, 36 Stat. 855, as amended, which enacted sections 47, 93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, sections 6a-1 and 16a of Title 41, Public Contracts, and section 148 of Title 43, Public Lands, and amended sections 191, 312, 331, 333, and 336 of this title and sections 104 and 107 of former Title 18, Criminal Code and Criminal Procedure. Sections 104 and 107 of former Title 18 were repealed and reenacted as sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. For complete classification of this Act to the Code, see Tables. -MISC1- AMENDMENTS 1964 - Pub. L. 88-301 designated existing provisions as subsec. (a), substituted "land" for "allotment", "owner or owners" for "allottee" in two places, and "their benefit" for "his benefit", and provided for deductions for administrative expenses from proceeds of sales without violation of treaty obligations or Constitutional compensation provision, for consideration of needs and best interests of owners and heirs, and for standards guiding sales, and added subsecs. (b) to (f). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 564h, 697, 747 of this title; title 43 section 1617. -End- -CITE- 25 USC Sec. 407 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 407. Sale of timber on unallotted lands -STATUTE- Under regulations prescribed by the Secretary of the Interior, the timber on unallotted trust land in Indian reservations or on other land held in trust for tribes may be sold in accordance with the principles of sustained-yield management or to convert the land to a more desirable use. After deduction, if any, for administrative expenses under section 413 of this title, the proceeds of the sale shall be used - (1) as determined by the governing bodies of the tribes concerned and approved by the Secretary, or (2) in the absence of such a governing body, as determined by the Secretary for the tribe concerned. -SOURCE- (June 25, 1910, ch. 431, Sec. 7, 36 Stat. 857; Pub. L. 88-301, Apr. 30, 1964, 78 Stat. 186; Pub. L. 100-580, Sec. 13, Oct. 31, 1988, 102 Stat. 2936.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-580 amended section generally. Prior to amendment, section read as follows: "The timber on unallotted lands of any Indian reservation may be sold in accordance with the principles of sustained yield, or in order to convert the land to a more desirable use, under regulations to be prescribed by the Secretary of the Interior, and the proceeds from such sales, after deductions for administrative expenses pursuant to section 413 of this title, shall be used for the benefit of the Indians who are members of the tribe or tribes concerned in such manner as he may direct." 1964 - Pub. L. 88-301 substituted "timber" for "mature living and dead and down timber", provided for sale of timber in accordance with principles of sustained yield or in order to convert the land to a more desirable use, provided for deductions for administrative expenses from proceeds of sales, made the Indians who were tribal members the beneficiaries instead of the Indians of the reservation, and struck out proviso which made section inapplicable to Minnesota and Wisconsin. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 564h, 697, 747, 1724 of this title; title 43 section 1617. -End- -CITE- 25 USC Secs. 407a to 407c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Secs. 407a to 407c. Omitted -COD- CODIFICATION Section 407a, acts Mar. 4, 1933, ch. 275, Sec. 1, 47 Stat. 1568; June 16, 1933, ch. 104, 48 Stat. 311; Mar. 5, 1934, ch. 46, 48 Stat. 397; May 6, 1936, ch. 340, 49 Stat. 1266, which related to modification of existing contracts for sale of tribal timber, was omitted on authority of act May 6, 1936, which provided that authority to modify existing contracts for sale of tribal timber expire on Sept. 4, 1936. Section 407b, act Mar. 4, 1933, ch. 275, Sec. 2, 47 Stat. 1569, which related to modification of contracts for sale of timber to individual allottee, was omitted in view of the expiration of section 407a of this title. Section 407c, act Mar. 4, 1933, ch. 275, Sec. 3, 47 Stat. 1569, which related to preference to indian labor in modified contracts, was omitted in view of the expiration of section 407a of this title. -End- -CITE- 25 USC Sec. 407d 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 407d. Charges for special services to purchasers of timber -STATUTE- The Secretary of the Interior is authorized to charge purchasers of timber on Indian lands that are held by the United States in trust, or that are subject to restrictions against alienation or encumbrance imposed by the United States, for special services requested by the purchasers in connection with scaling, timber marking, or other activities under the contract of purchase that are in addition to the services otherwise provided by the Secretary, and the proceeds derived therefrom shall be deposited to the credit of the appropriation from which the special services were or will be provided. -SOURCE- (July 30, 1956, ch. 781, 70 Stat. 721.) -End- -CITE- 25 USC Sec. 408 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 408. Surrender of allotments by relinquishment for benefit of children -STATUTE- In any case where an Indian has an allotment of land, or any right, title, or interest in such an allotment, the Secretary of the Interior, in his discretion, may permit such Indian to surrender such allotment, or any right, title, or interest therein, by such formal relinquishment as may be prescribed by the Secretary of the Interior, for the benefit of any of his or her children to whom no allotment of land shall have been made; and thereupon the Secretary of the Interior shall cause the estate so relinquished to be allotted to such child or children subject to all conditions which attached to it before such relinquishment. -SOURCE- (June 25, 1910, ch. 431, Sec. 3, 36 Stat. 856.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 406, 564h, 697, 747 of this title; title 43 section 1617. -End- -CITE- 25 USC Sec. 409 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 409. Sale of lands within reclamation projects -STATUTE- Any Indian allotted lands under any law or treaty without the power of alienation, and within a reclamation project approved by the Secretary of the Interior, may sell and convey any part thereof, under rules and regulations prescribed by the Secretary of the Interior, but such conveyance shall be subject to his approval, and when so approved shall convey full title to the purchaser the same as if final patent without restrictions had been issued to the allottee: Provided, That the consideration shall be placed in the Treasury of the United States, and used by the Commissioner of Indian Affairs to pay the construction charges that may be assessed against the unsold part of the allotment, and to pay the maintenance charges thereon during the trust period, and any surplus shall be a benefit running with the water right to be paid to the holder thereof. -SOURCE- (June 21, 1906, ch. 3504, 34 Stat. 327.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 409a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 409a. Sale of restricted lands; reinvestment in other restricted lands -STATUTE- Whenever any nontaxable land of a restricted Indian of the Five Civilized Tribes or of any other Indian tribe is sold to any State, county, or municipality for public-improvement purposes, or is acquired, under existing law, by any State, county, or municipality by condemnation or other proceedings for such public purposes, or is sold under existing law to any other person or corporation for other purposes, the money received for said land may, in the discretion and with the approval of the Secretary of the Interior, be reinvested in other lands selected by said Indian, and such land so selected and purchased shall be restricted as to alienation, lease, or incumbrance, and nontaxable in the same quantity and upon the same terms and conditions as the nontaxable lands from which the reinvested funds were derived, and such restrictions shall appear in the conveyance. -SOURCE- (Mar. 2, 1931, ch. 374, 46 Stat. 1471; June 30, 1932, ch. 333, 47 Stat. 474.) -MISC1- AMENDMENTS 1932 - Act June 30, 1932, made section applicable to lands of any restricted Indian of any other Indian tribe, and provided for sale of lands to any State and acquisition by any State instead of only to and by the State of Oklahoma. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 955 of this title. -End- -CITE- 25 USC Sec. 410 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 410. Moneys from lease or sale of trust lands not liable for certain debts -STATUTE- No money accruing from any lease or sale of lands held in trust by the United States for any Indian shall become liable for the payment of any debt of, or claim against, such Indian contracted or arising during such trust period, or, in case of a minor, during his minority, except with the approval and consent of the Secretary of the Interior. -SOURCE- (June 21, 1906, ch. 3504, 34 Stat. 327.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 955 of this title. -End- -CITE- 25 USC Sec. 411 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 411. Interest on moneys from proceeds of sale -STATUTE- The shares of money due minor Indians as their proportion of the proceeds from the sale of ceded or tribal Indian lands, whenever such shares have been withheld from their parents, legal guardians, or others, and retained in the United States Treasury by direction of the Secretary of the Interior, shall draw interest at the rate of 3 per centum per annum, unless otherwise provided for, from the period when such proceeds have been or shall be distributed per capita among the members of the tribe of which such minor is a member; and the Secretary of the Treasury is authorized and directed to allow interest on such unpaid amounts belonging to said minors as shall be certified by the Secretary of the Interior as entitled to draw interest under this section. -SOURCE- (June 21, 1906, ch. 3504, 34 Stat. 327.) -End- -CITE- 25 USC Sec. 412 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 412. Payment of taxes from share of allottee in tribal funds -STATUTE- In any case where the restrictions as to alienation have been removed with respect to any Indian allottee, or as to any portion of the lands of any Indian allottee, and such allottee as an individual, or as a member of any tribe, has an interest in any fund held by the United States beyond the amount by law chargeable to such Indian or tribe on account of advances, the Commissioner of Indian Affairs is authorized, prior to the date at which any penalties for the nonpayment of taxes would accrue under the laws of the State or Territory in which such land is situated, to pay such taxes and charge the amount thereof to such allottee, to be deducted from the share of such allottee in the final distribution or payment to him from such fund: Provided, That no such payment shall be made by said Commissioner where it is in excess of the amount which will ultimately be due said allottee. -SOURCE- (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 412a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 412a. Exemption from taxation of lands subject to restrictions against alienation; determination of homestead -STATUTE- All homesteads, heretofore purchased out of the trust or restricted funds of individual Indians, are hereby declared to be instrumentalities of the Federal Government and shall be nontaxable until otherwise directed by Congress: Provided, That the title to such homesteads shall be held subject to restrictions against alienation or encumbrance except with the approval of the Secretary of the Interior: And provided further, That the Indian owner or owners shall select, with the approval of the Secretary of the Interior, either the agricultural and grazing lands, not exceeding a total of one hundred and sixty acres, or the village, town, or city property, not exceeding in cost $5,000, to be designated as a homestead. -SOURCE- (June 20, 1936, ch. 622, Sec. 2, 49 Stat. 1542; May 19, 1937, ch. 227, 50 Stat. 188.) -MISC1- AMENDMENTS 1937 - Act May 19, 1937, substituted "All homesteads" and "individual Indians" for "All lands the title to which is now held by an Indian subject to restrictions against alienation or encumbrance except with the consent or approval of the Secretary of the Interior" and "said Indian", respectively, and inserted two provisos. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 465a of this title. -End- -CITE- 25 USC Sec. 413 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 413. Fees to cover cost of work performed for Indians -STATUTE- The Secretary of the Interior is hereby authorized, in his discretion, and under such rules and regulations as he may prescribe, to collect reasonable fees to cover the cost of any and all work performed for Indian tribes or for individual Indians, to be paid by vendees, lessees, or assignees, or deducted from the proceeds of sale, leases, or other sources of revenue: Provided, That the amounts so collected shall be covered into the Treasury as miscellaneous receipts, except when the expenses of the work are paid from Indian tribal funds, in which event they shall be credited to such funds. -SOURCE- (Feb. 14, 1920, ch. 75, Sec. 1, 41 Stat. 415; Mar. 1, 1933, ch. 158, 47 Stat. 1417.) -MISC1- AMENDMENTS 1933 - Act Mar. 1, 1933, substituted "to collect reasonable fees to cover the cost of any and all work performed for Indian tribes or individual Indians" for "to charge a reasonable fee for the work incident to the sale, leasing, or assigning of such lands, or in the sale of the timber, or in the administration of Indian forests" and "deducted from the proceeds of sale, leases, or other sources of revenue" for "from the proceeds of sales", struck out introductory text "In the sale of all Indian allotments, or in leases, or assignment of leases covering, tribal or allotted lands for mineral, farming, grazing, business or other purposes, or in the sale of timber thereon" and provided for the use of discretion and the crediting of Indian tribal funds. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 406, 407, 3105 of this title. -End- -CITE- 25 USC Sec. 414 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 414. Reservation of minerals in sale of Choctaw-Chickasaw lands -STATUTE- On and after August 25, 1937, in all sales of tribal lands of the Choctaw and Chickasaw Indians in Oklahoma provided for by existing law, the Secretary of the Interior is hereby authorized to offer such lands for sale subject to a reservation of the mineral rights therein, including oil and gas, for the benefit of said Indians, whenever in his judgment the interests of the Indians will best be served thereby. -SOURCE- (Aug. 25, 1937, ch. 778, 50 Stat. 810.) -End- -CITE- 25 USC Sec. 415 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 415. Leases of restricted lands -STATUTE- (a) Authorized purposes; term; approval by Secretary Any restricted Indian lands, whether tribally, or individually owned, may be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, residential, or business purposes, including the development or utilization of natural resources in connection with operations under such leases, for grazing purposes, and for those farming purposes which require the making of a substantial investment in the improvement of the land for the production of specialized crops as determined by said Secretary. All leases so granted shall be for a term of not to exceed twenty-five years, except leases of land located outside the boundaries of Indian reservations in the State of New Mexico, leases of land on the Agua Caliente (Palm Springs) Reservation, the Dania Reservation, the Pueblo of Santa Ana (with the exception of the lands known as the "Santa Ana Pueblo Spanish Grant"), the reservation of the Confederated Tribes of the Warm Springs Reservation of Oregon, the Moapa Indian reservation,(!1) the Swinomish Indian Reservation, the Southern Ute Reservation, the Fort Mojave Reservation, the Burns Paiute Reservation, the Coeur d'Alene Indian Reservation, the Kalispel Indian Reservation, the pueblo of Cochiti, the pueblo of Pojoaque, the pueblo of Tesuque, the pueblo of Zuni, the Hualapai Reservation, the Spokane Reservation, the San Carlos Apache Reservation, Yavapai-Prescott (!2) Community Reservation, the Pyramid Lake Reservation, the Gila River Reservation, the Soboba Indian Reservation, the Viejas Indian Reservation, the Tulalip Indian Reservation, the Navajo Reservation, the Cabazon Indian Reservation, the Mille Lacs Indian Reservation with respect to a lease between an entity established by the Mille Lacs Band of Chippewa Indians and the Minnesota Historical Society, leases of the lands comprising the Moses Allotment Numbered 10, Chelan County, Washington,,(!1) and lands held in trust for the Las Vegas Paiute Tribe of Indians, and lands held in trust for the Twenty-nine Palms Band of Luiseno Mission Indians, and lands held in trust for the Reno Sparks Indian Colony, lands held in trust for the Torres Martinez Desert Cahuilla Indians, lands held in trust for the Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria, lands held in trust for the Confederated Tribes of the Umatilla Indian Reservation, lands held in trust for the Confederated Tribes of the Warm Springs Reservation of Oregon, lands held in trust for the Cherokee Nation of Oklahoma, lands held in trust for the Pueblo of Santa Clara, lands held in trust for the Yurok Tribe, lands held in trust for the Hopland Band of Pomo Indians of the Hopland Rancheria, lands held in trust for the Confederated Tribes of the Colville Reservation, lands held in trust for the Cahuilla Band of Indians of California, lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon, and the lands held in trust for the Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana, and leases to the Devils Lake Sioux Tribe, or any organization of such tribe, of land on the Devils Lake Sioux Reservation, which may be for a term of not to exceed ninety-nine years, and except leases of land for grazing purposes which may be for a term of not to exceed ten years. Leases for public, religious, educational, recreational, residential, or business purposes (except leases the initial term of which extends for more than seventy-four years) with the consent of both parties may include provisions authorizing their renewal for one additional term of not to exceed twenty-five years, and all leases and renewals shall be made under such terms and regulations as may be prescribed by the Secretary of the Interior. Prior to approval of any lease or extension of an existing lease pursuant to this section, the Secretary of the Interior shall first satisfy himself that adequate consideration has been given to the relationship between the use of the leased lands and the use of neighboring lands; the height, quality, and safety of any structures or other facilities to be constructed on such lands; the availability of police and fire protection and other services; the availability of judicial forums for all criminal and civil causes arising on the leased lands; and the effect on the environment of the uses to which the leased lands will be subject. (b) Leases involving Tulalip Tribes Any lease by the Tulalip Tribes under subsection (a) of this section, except a lease for the exploitation of any natural resource, shall not require the approval of the Secretary of the Interior (1) if the term of the lease does not exceed fifteen years, with no option to renew, (2) if the term of the lease does not exceed thirty years, with no option to renew, and the lease is executed pursuant to tribal regulations previously approved by the Secretary of the Interior, or (3) if the term does not exceed seventy-five years (including options to renew), and the lease is executed under tribal regulations approved by the Secretary under this clause (3). (c) Leases involving Hopi Tribe and Hopi Partitioned Lands Accommodation Agreement Notwithstanding subsection (a) of this section, a lease of land by the Hopi Tribe to Navajo Indians on the Hopi Partitioned Lands may be for a term of 75 years, and may be extended at the conclusion of the term of the lease. (d) Definitions For purposes of this section - (1) the term "Hopi Partitioned Lands" means lands located in the Hopi Partitioned Area, as defined in section 168.1(g) of title 25, Code of Federal Regulations (as in effect on October 11, 1996); (2) the term "Navajo Indians" means members of the Navajo Tribe; (3) the term "individually owned Navajo Indian allotted land" means a single parcel of land that - (A) is located within the jurisdiction of the Navajo Nation; (B) is held in trust or restricted status by the United States for the benefit of Navajo Indians or members of another Indian tribe; and (C) was - (i) allotted to a Navajo Indian; or (ii) taken into trust or restricted status by the United States for an individual Indian; (4) the term "interested party" means an Indian or non-Indian individual or corporation, or tribal or non-tribal government whose interests could be adversely affected by a tribal trust land leasing decision made by the Navajo Nation; (5) the term "Navajo Nation" means the Navajo Nation government that is in existence on August 9, 1955, or its successor; (6) the term "petition" means a written request submitted to the Secretary for the review of an action (or inaction) of the Navajo Nation that is claimed to be in violation of the approved tribal leasing regulations; (7) the term "Secretary" means the Secretary of the Interior; and (8) the term "tribal regulations" means the Navajo Nation regulations enacted in accordance with Navajo Nation law and approved by the Secretary. (e) Leases of restricted lands for the Navajo Nation (1) Any leases by the Navajo Nation for purposes authorized under subsection (a) of this section, and any amendments thereto, except a lease for the exploration, development, or extraction of any mineral resources, shall not require the approval of the Secretary if the lease is executed under the tribal regulations approved by the Secretary under this subsection and the term of the lease does not exceed - (A) in the case of a business or agricultural lease, 25 years, except that any such lease may include an option to renew for up to two additional terms, each of which may not exceed 25 years; and (B) in the case of a lease for public, religious, educational, recreational, or residential purposes, 75 years if such a term is provided for by the Navajo Nation through the promulgation of regulations. (2) Paragraph (1) shall not apply to individually owned Navajo Indian allotted land. (3) The Secretary shall have the authority to approve or disapprove tribal regulations referred to under paragraph (1). The Secretary shall approve such tribal regulations if such regulations are consistent with the regulations of the Secretary under subsection (a) of this section, and any amendments thereto, and provide for an environmental review process. The Secretary shall review and approve or disapprove the regulations of the Navajo Nation within 120 days of the submission of such regulations to the Secretary. Any disapproval of such regulations by the Secretary shall be accompanied by written documentation that sets forth the basis for the disapproval. Such 120-day period may be extended by the Secretary after consultation with the Navajo Nation. (4) If the Navajo Nation has executed a lease pursuant to tribal regulations under paragraph (1), the Navajo Nation shall provide the Secretary with - (A) a copy of the lease and all amendments and renewals thereto; and (B) in the case of regulations or a lease that permits payment to be made directly to the Navajo Nation, documentation of the lease payments sufficient to enable the Secretary to discharge the trust responsibility of the United States under paragraph (5). (5) The United States shall not be liable for losses sustained by any party to a lease executed pursuant to tribal regulations under paragraph (1), including the Navajo Nation. Nothing in this paragraph shall be construed to diminish the authority of the Secretary to take appropriate actions, including the cancellation of a lease, in furtherance of the trust obligation of the United States to the Navajo Nation. (6)(A) An interested party may, after exhaustion of tribal remedies, submit, in a timely manner, a petition to the Secretary to review the compliance of the Navajo Nation with any regulations approved under this subsection. If upon such review the Secretary determines that the regulations were violated, the Secretary may take such action as may be necessary to remedy the violation, including rescinding the approval of the tribal regulations and reassuming responsibility for the approval of leases for Navajo Nation tribal trust lands. (B) If the Secretary seeks to remedy a violation described in subparagraph (A), the Secretary shall - (i) make a written determination with respect to the regulations that have been violated; (ii) provide the Navajo Nation with a written notice of the alleged violation together with such written determination; and (iii) prior to the exercise of any remedy or the rescission of the approval of the regulation involved and the reassumption of the lease approval responsibility, provide the Navajo Nation with a hearing on the record and a reasonable opportunity to cure the alleged violation. (f) Leases involving Gila River Indian Community Reservation; arbitration of disputes Any lease entered into under sections 415 to 415d of this title, or any contract entered into under section 81 of this title, affecting land within the Gila River Indian Community Reservation may contain a provision for the binding arbitration of disputes arising out of such lease or contract. Such leases or contracts entered into pursuant to such Acts shall be considered within the meaning of "commerce" as defined and subject to the provisions of section 1 of title 9. Any refusal to submit to arbitration pursuant to a binding agreement for arbitration or the exercise of any right conferred by title 9 to abide by the outcome of arbitration pursuant to the provisions of chapter 1 of title 9, sections 1 through 14, shall be deemed to be a civil action arising under the Constitution, laws or treaties of the United States within the meaning of section 1331 of title 28. -SOURCE- (Aug. 9, 1955, ch. 615, Sec. 1, 69 Stat. 539; Pub. L. 86-326, Sept. 21, 1959, 73 Stat. 597; Pub. L. 86-505, Sec. 2, June 11, 1960, 74 Stat. 199; Pub. L. 87-375, Oct. 4, 1961, 75 Stat. 804; Pub. L. 87-785, Oct. 10, 1962, 76 Stat. 805; Pub. L. 88-167, Nov. 4, 1963, 77 Stat. 301; Pub. L. 89-408, Apr. 27, 1966, 80 Stat. 132; Pub. L. 90-182, Dec. 8, 1967, 81 Stat. 559; Pub. L. 90-184, Dec. 10, 1967, 81 Stat. 560; Pub. L. 90-335, Sec. 1(f), June 10, 1968, 82 Stat. 175; Pub. L. 90-355, June 20, 1968, 82 Stat. 242; Pub. L. 90-534, Sec. 6, Sept. 28, 1968, 82 Stat. 884; Pub. L. 90-570, Oct. 12, 1968, 82 Stat. 1003; Pub. L. 91-274, Secs. 2, 3, June 2, 1970, 84 Stat. 302; Pub. L. 91-275, Secs. 1, 2, June 2, 1970, 84 Stat. 303; Pub. L. 91-557, Sec. 8, Dec. 17, 1970, 84 Stat. 1468; Pub. L. 92-182, Sec. 6, Dec. 15, 1971, 85 Stat. 626; Pub. L. 92-431, Sept. 26, 1972, 86 Stat. 723; Pub. L. 92-472, Sec. 7, Oct. 9, 1972, 86 Stat. 788; Pub. L. 92-488, Sec. 4, Oct. 13, 1972, 86 Stat. 806; Pub. L. 96-216, Mar. 27, 1980, 94 Stat. 125; Pub. L. 96-491, Sec. 3, Dec. 2, 1980, 94 Stat. 2564; Pub. L. 97-459, title I, Sec. 107, Jan. 12, 1983, 96 Stat. 2516; Pub. L. 98-70, Aug. 8, 1983, 97 Stat. 401; Pub. L. 98-203, Sec. 1(c), Dec. 2, 1983, 97 Stat. 1384; Pub. L. 99-221, Sec. 2, Dec. 26, 1985, 99 Stat. 1735; Pub. L. 99-389, Sec. 3(a), Aug. 23, 1986, 100 Stat. 829; Pub. L. 99-500, Sec. 101(h) [title I, Sec. 122], Oct. 18, 1986, 100 Stat. 1783-242, 1783-267, and Pub. L. 99-591, Sec. 101(h) [title I, Sec. 122], Oct. 30, 1986, 100 Stat. 3341-242, 3341-267; Pub. L. 99-575, Sec. 5, Oct. 28, 1986, 100 Stat. 3246; Pub. L. 101-630, title II, Sec. 201, Nov. 28, 1990, 104 Stat. 4532; Pub. L. 102-497, Sec. 5, Oct. 24, 1992, 106 Stat. 3255; Pub. L. 103-435, Sec. 5, Nov. 2, 1994, 108 Stat. 4569; Pub. L. 104-301, Sec. 9, Oct. 11, 1996, 110 Stat. 3652; Pub. L. 105-256, Sec. 1, Oct. 14, 1998, 112 Stat. 1896; Pub. L. 106-216, Sec. 1(a), June 20, 2000, 114 Stat. 343; Pub. L. 106-568, title XII, Sec. 1203, Dec. 27, 2000, 114 Stat. 2934; Pub. L. 107-102, Sec. 1, Dec. 27, 2001, 115 Stat. 974; Pub. L. 107-159, Apr. 4, 2002, 116 Stat. 122; Pub. L. 107-331, title X, Sec. 1002(a), Dec. 13, 2002, 116 Stat. 2869.) -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. -MISC1- AMENDMENTS 2002 - Subsec. (a). Pub. L. 107-331 inserted "lands held in trust for the Yurok Tribe, lands held in trust for the Hopland Band of Pomo Indians of the Hopland Rancheria," after "Pueblo of Santa Clara,". Subsec. (f). Pub. L. 107-159 added subsec. (f). 2001 - Subsec. (a). Pub. L. 107-102 inserted ", the reservation of the Confederated Tribes of the Warm Springs Reservation of Oregon," after "Spanish Grant')" and "lands held in trust for the Confederated Tribes of the Warm Springs Reservation of Oregon" before ", lands held in trust for the Cherokee Nation of Oklahoma". 2000 - Subsec. (a). Pub. L. 106-216 inserted "lands held in trust for the Torres Martinez Desert Cahuilla Indians, lands held in trust for the Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria, lands held in trust for the Confederated Tribes of the Umatilla Indian Reservation" after "Sparks Indian Colony,". Subsec. (d)(3) to (8). Pub. L. 106-568, Sec. 1203(1), added pars. (3) to (8). Subsec. (e). Pub. L. 106-568, Sec. 1203(2), added subsec. (e). 1998 - Subsec. (a). Pub. L. 105-256, in second sentence, inserted "the Cabazon Indian Reservation," after "the Navajo Reservation," and "lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon," after "lands held in trust for the Cahuilla Band of Indians of California,". 1996 - Subsecs. (c), (d). Pub. L. 104-301 added subsecs. (c) and (d). 1994 - Subsec. (a). Pub. L. 103-435 inserted "the Viejas Indian Reservation," after "Soboba Indian Reservation," in second sentence. 1992 - Subsec. (a). Pub. L. 102-497, in second sentence, inserted "lands held in trust for the Pueblo of Santa Clara, lands held in trust for the Confederated Tribes of the Colville Reservation, lands held in trust for the Cahuilla Band of Indians of California," after "Oklahoma,". 1990 - Subsec. (a). Pub. L. 101-630 inserted "the Mille Lacs Indian Reservation with respect to a lease between an entity established by the Mille Lacs Band of Chippewa Indians and the Minnesota Historical Society," after "the Navajo Reservation,". 1986 - Subsec. (a). Pub. L. 99-575 inserted "the Pueblo of Santa Ana (with the exception of the lands known as the 'Santa Ana Pueblo Spanish Grant')" after "the Dania Reservation,". Pub. L. 99-389 inserted ", and lands held in trust for the Reno Sparks Indian Colony,". Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591 added cl. (3). 1985 - Pub. L. 99-221 inserted ", lands held in trust for the Cherokee Nation of Oklahoma,". 1983 - Subsec. (a). Pub. L. 98-203 inserted ", and lands held in trust for the Las Vegas Paiute Tribe of Indians,". Pub. L. 98-70 inserted ", and lands held in trust for the Twenty-nine Palms Band of Luiseno Mission Indians, and the lands held in trust for the Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana". Pub. L. 97-459 struck out "and" before "leases of land on the Agua Caliente" and authorized ninety-nine year leases of land on the Devils Lake Sioux Reservation to the Devils Lake Sioux Tribe or any organization of such tribe. 1980 - Subsec. (a). Pub. L. 96-491 inserted "the Moapa Indian reservation". Pub. L. 96-216 inserted provisions relating to lands comprising the Moses Allotment Numbered 10, Chelan County, Washington. 1972 - Subsec. (a). Pub. L. 92-488 inserted "the Burns Paiute Reservation," after "the Fort Mojave Reservation,". Pub. L. 92-472 inserted "the Coeur d'Alene Indian Reservation," after "the Fort Mojave Reservation,". Pub. L. 92-431 inserted provision excepting leases of land located outside the boundaries of Indian reservations in State of New Mexico from the twenty-five year time limit. 1971 - Subsec. (a). Pub. L. 92-182 inserted "the Kalispel Indian Reservation" after "the Fort Mojave Reservation". 1970 - Subsec. (a). Pub. L. 91-557 inserted "the Soboba Indian Reservation," after "Gila River Reservation,". Pub. L. 91-275 inserted "Yavapai-Prescott Community Reservation," after "San Carlos Apache Reservation," and inserted list of factors that the Secretary must consider before approving a lease or an extension of an existing lease. Pub. L. 91-274, Secs. 2, 3, designated existing provisions as subsec. (a) and inserted "the Tulalip Indian Reservation," after "the Gila River Reservation,". Subsec. (b). Pub. L. 91-274, Sec. 3, added subsec. (b). 1968 - Pub. L. 90-570 inserted "the pueblo of Cochiti, the pueblo of Pojoaque, the pueblo of Tesuque, the pueblo of Zuni," after "Fort Mojava Reservation,". Pub. L. 90-534 inserted "the Swinomish Indian Reservation," after "Dania Reservation,". Pub. L. 90-355 inserted "the Hualapai Reservation," after "Fort Mojave Reservation,". Pub. L. 90-335 inserted "the Spokane Reservation," after "the Fort Mojave Reservation". 1967 - Pub. L. 90-184 inserted "the San Carlos Apache Reservation" after "Fort Mojave Reservation". Pub. L. 90-182 inserted "the Gila Reservation," after "Pyramid Lake Reservation". 1966 - Pub. L. 89-408 inserted "the Pyramid Lake Reservation" after "Fort Mojave Reservation,". 1963 - Pub. L. 88-167 inserted "the Fort Mojave Reservation," after "Southern Ute Reservation". 1962 - Pub. L. 87-785 authorized leases for not more than 99 years of lands on Southern Ute Reservation. 1961 - Pub. L. 87-375 authorized longer term leases of Indian lands on Dania Reservation and excepted from renewal leases the initial term of which extends for more than 74 years. 1960 - Pub. L. 86-505 authorized leases for not more than 99 years of lands on Navajo Reservation. 1959 - Pub. L. 86-326 substituted "except leases of land on the Agua Caliente (Palm Springs) Reservation which may be for a term of not to exceed ninety-nine years, and except leases of land for grazing purposes which may" for "excepting leases for grazing purposes, which shall", in second sentence. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-331, title X, Sec. 1002(b), Dec. 13, 2002, 116 Stat. 2870, provided that: "The amendment made by subsection (a) [amending this section] shall apply to any lease entered into or renewed after the date of the enactment of this title [Dec. 13, 2002]." EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-102, Sec. 3, Dec. 27, 2001, 115 Stat. 975, provided that: "This Act [amending this section] shall take effect as of April 12, 2000." EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-216, Sec. 1(b), June 20, 2000, 114 Stat. 343, provided that: "The amendment made by subsection (a) [amending this section] shall apply to any lease entered into or renewed after the date of the enactment of this Act [June 20, 2000]." EFFECTIVE DATE OF 1986 AMENDMENT Section 6(a) of Pub. L. 99-575 provided in part that the amendment made by Pub. L. 99-575 is effective Oct. 28, 1986. SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-568, title XII, Sec. 1201, Dec. 27, 2000, 114 Stat. 2933, provided that: "This title [amending this section and enacting provisions set out as a note under this section] may be cited as the 'Navajo Nation Trust Land Leasing Act of 2000'." SHORT TITLE OF 1985 AMENDMENT Section 1 of Pub. L. 99-221 provided that: "This Act [amending this section, section 450i of this title, section 3121 of Title 26, Internal Revenue Code, and section 410 of Title 42, The Public Health and Welfare, and enacting a provision set out as a note under section 410 of Title 42] may be cited as the 'Cherokee Leasing Act'." CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES Pub. L. 106-568, title XII, Sec. 1202, Dec. 27, 2000, 114 Stat. 2933, provided that: "(a) Findings. - Recognizing the special relationship between the United States and the Navajo Nation and its members, and the Federal responsibility to the Navajo people, Congress finds that - "(1) the third clause of section 8, Article I of the United States Constitution provides that 'The Congress shall have Power * * * to regulate Commerce * * * with Indian tribes', and, through this and other constitutional authority, Congress has plenary power over Indian affairs; "(2) Congress, through statutes, treaties, and the general course of dealing with Indian tribes, has assumed the responsibility for the protection and preservation of Indian tribes and their resources; "(3) the United States has a trust obligation to guard and preserve the sovereignty of Indian tribes in order to foster strong tribal governments, Indian self-determination, and economic self-sufficiency; "(4) pursuant to the first section of the Act of August 9, 1955 (25 U.S.C. 415), Congress conferred upon the Secretary of the Interior the power to promulgate regulations governing tribal leases and to approve tribal leases for tribes according to regulations promulgated by the Secretary; "(5) the Secretary of the Interior has promulgated the regulations described in paragraph (4) at part 162 of title 25, Code of Federal Regulations; "(6) the requirement that the Secretary approve leases for the development of Navajo trust lands has added a level of review and regulation that does not apply to the development of non-Indian land; and "(7) in the global economy of the 21st Century, it is crucial that individual leases of Navajo trust lands not be subject to Secretarial approval and that the Navajo Nation be able to make immediate decisions over the use of Navajo trust lands. "(b) Purposes. - The purposes of this title [see Short Title of 2000 Amendment note above] are as follows: "(1) To establish a streamlined process for the Navajo Nation to lease trust lands without having to obtain the approval of the Secretary of the Interior for individual leases, except leases for exploration, development, or extraction of any mineral resources. "(2) To authorize the Navajo Nation, pursuant to tribal regulations, which must be approved by the Secretary, to lease Navajo trust lands without the approval of the Secretary of the Interior for the individual leases, except leases for exploration, development, or extraction of any mineral resources. "(3) To revitalize the distressed Navajo Reservation by promoting political self-determination, and encouraging economic self-sufficiency, including economic development that increases productivity and the standard of living for members of the Navajo Nation. "(4) To maintain, strengthen, and protect the Navajo Nation's leasing power over Navajo trust lands. "(5) To ensure that the United States is faithfully executing its trust obligation to the Navajo Nation by maintaining Federal supervision through oversight of and record keeping related to leases of Navajo Nation tribal trust lands." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 415a, 415b, 415c, 415d, 416a, 941j, 1724, 1771e of this title. -FOOTNOTE- (!1) So in original. (!2) So in original. Probably should be preceded by "the". -End- -CITE- 25 USC Sec. 415a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 415a. Lease of lands of deceased Indians for benefit of heirs or devisees -STATUTE- Restricted lands of deceased Indians may be leased under sections 415 to 415d of this title, for the benefit of their heirs or devisees, in the circumstances and by the persons prescribed in section 380 of this title: Provided, That if the authority of the Secretary under this section is delegated to any subordinate official, then any heir or devisee shall have the right to appeal the action of any such official to the Secretary under such rules and regulations as he may prescribe. -SOURCE- (Aug. 9, 1955, ch. 615, Sec. 2, 69 Stat. 539.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 415, 415b, 415c, 415d of this title. -End- -CITE- 25 USC Sec. 415b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 415b. Advance payment of rent or other consideration -STATUTE- No rent or other consideration for the use of land leased under sections 415 to 415d of this title shall be paid or collected more than one year in advance, unless so provided in the lease. -SOURCE- (Aug. 9, 1955, ch. 615, Sec. 4, 69 Stat. 540.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 415, 415a, 415c, 415d of this title. -End- -CITE- 25 USC Sec. 415c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 415c. Approval of leases -STATUTE- The Secretary of the Interior shall approve no lease pursuant to sections 415 to 415d of this title that contains any provision that will prevent or delay a termination of Federal trust responsibilities with respect to the land during the term of the lease. -SOURCE- (Aug. 9, 1955, ch. 615, Sec. 5, 69 Stat. 540.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 415, 415a, 415b, 415d of this title. -End- -CITE- 25 USC Sec. 415d 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 415d. Lease of restricted lands under other laws unaffected -STATUTE- Nothing contained in sections 415 to 415d of this title shall be construed to repeal any authority to lease restricted Indian lands conferred by or pursuant to any other provision of law. -SOURCE- (Aug. 9, 1955, ch. 615, Sec. 6, 69 Stat. 540.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 415, 415a, 415b, 415c, 416a, 1724, 1771e of this title. -End- -CITE- 25 USC Sec. 416 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 416. Leases of trust or restricted lands on San Xavier and Salt River Pima-Maricopa Indian Reservations for public, religious, educational, recreational, residential, business, farming or grazing purposes -STATUTE- Any trust or restricted Indian lands, whether tribally or individually owned, located on the San Xavier Indian Reservation and the Salt River Pima-Maricopa Indian Reservation, in the State of Arizona, may be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, residential, business, farming or grazing purposes, including the development or utilization of natural resources in connection with operations under such leases, but no lease shall be executed under sections 416 to 416j of this title for purposes that are subject to the laws governing mining leases on Indian lands. The term of a grazing lease shall not exceed ten years, the term of a farming lease that does not require the making of a substantial investment in the improvement of the land shall not exceed ten years, and the term of a farming lease that requires the making of a substantial investment in the improvement of the land shall not exceed forty years. The term of any other lease shall not exceed ninety-nine years. No lease shall contain an option to renew which, if exercised, will extend the total term beyond the maximum term permitted by sections 416 to 416j of this title. The Secretary of the Interior shall not approve any lease with a term that is longer than is necessary in his judgment to obtain maximum economic benefits for the Indian owners. -SOURCE- (Pub. L. 89-715, Sec. 1, Nov. 2, 1966, 80 Stat. 1112.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 416a, 416b, 416c, 416d, 416e, 416h, 416i, 416j of this title. -End- -CITE- 25 USC Sec. 416a 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 416a. Lease provisions -STATUTE- (a) Covenant not to cause waste, etc. Every lease entered into under section 416 of this title shall contain a covenant on the part of the lessee that he will not commit or permit on the leased land any act which causes waste or a nuisance or which creates a hazard to health of persons or to property, wherever such persons or property may be. (b) Judicial enforcement The State of Arizona, or any political subdivision thereof contiguous with the San Xavier or Salt River Pima-Maricopa Indian Reservation, may bring suit, without regard to the amount in controversy, in the United States District Court for the District of Arizona to abate or enjoin any violation of the covenant required under subsection (a) of this section: Provided, That if, by reason of the citizenship of the parties and the law applicable to the cause of action, the District Court finds it lacks jurisdiction to hear and determine such suit, it may be brought in any court of competent jurisdiction of the State of Arizona. (c) Binding arbitration of disputes Any lease entered into under sections 416 to 416j or 415 to 415d of this title or any contract entered into under section 81 of this title, affecting land within the Salt River Pima-Maricopa Indian Reservation may contain a provision for the binding arbitration of disputes arising out of such lease or contract. Such leases or contracts entered into pursuant to such sections shall be considered within the meaning of "commerce" as defined and subject to the provisions of section 1 of title 9. Any refusal to submit to arbitration pursuant to a binding agreement for arbitration or the exercise of any right conferred by title 9 to abide by the outcome of arbitration pursuant to the provisions of chapter 1 of title 9, sections 1 through 14, shall be deemed to be a civil action arising under the Constitution, laws or treaties of the United States within the meaning of section 1331 of title 28. -SOURCE- (Pub. L. 89-715, Sec. 2, Nov. 2, 1966, 80 Stat. 1112; Pub. L. 98-163, Nov. 22, 1983, 97 Stat. 1016.) -MISC1- AMENDMENTS 1983 - Subsec. (c). Pub. L. 98-163 added subsec. (c). -End- -CITE- 25 USC Sec. 416b 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 416b. Development pursuant to lease -STATUTE- (a) Notice requirements prior to approval of lease The Secretary of the Interior shall, before he approves any lease under sections 416 to 416j of this title for public, religious, educational, recreational, business, or residential purposes and if he determines that such lease will substantially affect the governmental interests of a municipality described hereunder, notify the appropriate authorities of any municipality contiguous to the San Xavier or Salt River Pima-Maricopa Reservation, as the case may be, of the pendency of the proposed lease and, in his discretion, furnish them with an outline of the major provisions of the lease which affect such governmental interests and shall consider any comments on the terms of the lease affecting the municipality, or on the absence of such terms from the lease, that such authorities may offer within such reasonable period, but not more than thirty days, as the Secretary may prescribe in his notice to them. (b) Development by non-Indian lessees It is the intent of the Congress that the terms under which lands located on the San Xavier and Salt River Pima-Maricopa Reservations are developed by non-Indian lessees shall, to the extent reasonably possible, be similar to those applicable under State or local law to the development of non-Indian lands in the municipalities contiguous thereto. -SOURCE- (Pub. L. 89-715, Sec. 3, Nov. 2, 1966, 80 Stat. 1112.) -End- -CITE- 25 USC Sec. 416c 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 416c. Lease of lands of deceased Indians for benefit of heirs or devisees -STATUTE- Trust or restricted lands of deceased Indians located on the San Xavier and Salt River Pima-Maricopa Reservations may be leased under sections 416 to 416j of this title, for the benefit of their heirs or devisees, in the circumstances and by the persons prescribed in section 380 of this title: Provided, That if the authority of the Secretary under this section is delegated to a subordinate official, then any heir or devisee shall have the right to appeal the action of any such official to the Secretary under such rules and regulations as he may prescribe. -SOURCE- (Pub. L. 89-715, Sec. 4, Nov. 2, 1966, 80 Stat. 1113.) -End- -CITE- 25 USC Sec. 416d 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 416d. Advance payment of rent or other consideration -STATUTE- No rent or other consideration for the use of land leased under sections 416 to 416j of this title shall be paid or collected more than one year in advance, unless so provided in the lease. -SOURCE- (Pub. L. 89-715, Sec. 5, Nov. 2, 1966, 80 Stat. 1113.) -End- -CITE- 25 USC Sec. 416e 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 416e. Approval of leases -STATUTE- The Secretary of the Interior shall approve no lease pursuant to sections 416 to 416j of this title that contains any provision that will prevent or delay a termination of Federal trust responsibilities with respect to the land during the term of the lease. -SOURCE- (Pub. L. 89-715, Sec. 6, Nov. 2, 1966, 80 Stat. 1113.) -End- -CITE- 25 USC Sec. 416f 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 416f. Dedication of land for public purposes -STATUTE- Individual or tribal owners of trust or restricted Indian land on the San Xavier and Salt River Pima-Maricopa Reservations may, with the approval of the Secretary, dedicate land to the public for streets, alleys, or other public purposes under those laws of the State of Arizona that are applicable to the dedication of land for public purposes. -SOURCE- (Pub. L. 89-715, Sec. 7, Nov. 2, 1966, 80 Stat. 1113.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 416i of this title. -End- -CITE- 25 USC Sec. 416g 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 416g. Contract for water, sewerage, law enforcement, or other public services -STATUTE- The Papago Council and the Salt River Pima-Maricopa Community Council, with the approval of the Secretary of the Interior, may contract with the State of Arizona or its political subdivisions for the furnishing of water, sewerage, law enforcement, or other public services on terms and conditions deemed advantageous to the tribe and individual Indian landowners. -SOURCE- (Pub. L. 89-715, Sec. 8, Nov. 2, 1966, 80 Stat. 1113.) -End- -CITE- 25 USC Sec. 416h 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 416h. Zoning, building, and sanitary regulations -STATUTE- The Papago Council and the Salt River Pima-Maricopa Community Council, with the consent of the Secretary of the Interior, are hereby authorized, for their respective reservations, to enact zoning, building, and sanitary regulations covering the lands on their reservations for which leasing authority is granted by sections 416 to 416j of this title in the absence of State civil and criminal jurisdiction over such particular lands, and said councils may contract with local municipalities for assistance in preparing such regulations. -SOURCE- (Pub. L. 89-715, Sec. 9, Nov. 2, 1966, 80 Stat. 1113.) -End- -CITE- 25 USC Sec. 416i 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 416i. Restrictions -STATUTE- Nothing contained in sections 416 to 416j of this title shall - (a) authorize the alienation, encumbrance, or taxation of any interest in real or personal property, including water rights, held in trust by the United States or held by an individual Indian, the Papago Tribe or the Salt River Pima-Maricopa Community subject to a restriction against alienation imposed by the United States, or any income therefrom: Provided, That the foregoing shall not affect the power to lease as provided in section 416 of this title or the power to dedicate as provided in section 416f of this title and shall not affect or abridge any right of the State of Arizona or its political subdivisions to tax non-Indian leasehold and possessory interests, buildings, improvements and personal property located on the San Xavier and Salt River Pima-Maricopa Reservations and not owned by Papago or Pima-Maricopa Indians residing thereon; (b) confer jurisdiction on the State of Arizona to adjudicate in probate proceedings or otherwise the ownership or right to possession of trust or restricted property or any interests therein; (c) alter or abridge in any way the authority of public school districts to include areas within the San Xavier and Salt River Pima-Maricopa Reservation; (d) be construed to repeal any authority to lease or mortgage trust or restricted Indian lands conferred by or pursuant to any other provision of law. -SOURCE- (Pub. L. 89-715, Sec. 10, Nov. 2, 1966, 80 Stat. 1113.) -End- -CITE- 25 USC Sec. 416j 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS -HEAD- Sec. 416j. Mission San Xavier del Bac -STATUTE- Nothing in sections 416 to 416j of this title shall authorize the Secretary to approve any development which would detract from the scenic, historic, and religious values of the Mission San Xavier del Bac owned by the Franciscan Order of Friars Minor and located on the San Xavier Reservation. -SOURCE- (Pub. L. 89-715, Sec. 11, Nov. 2, 1966, 80 Stat. 1114.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 416, 416a, 416b, 416c, 416d, 416e, 416h, 416i of this title. -End- -CITE- 25 USC CHAPTER 13 - CEDED INDIAN LANDS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 13 - CEDED INDIAN LANDS -HEAD- CHAPTER 13 - CEDED INDIAN LANDS -End- -CITE- 25 USC Secs. 421 to 427 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 13 - CEDED INDIAN LANDS -HEAD- Secs. 421 to 427. Transferred -COD- CODIFICATION Section 421, act May 17, 1900, ch. 479, Sec. 1, 31 Stat. 179, which provided for free homesteads to settlers, commutation rights, and payments to Indians, was transferred to section 179 of Title 43, Public Lands. Section 422, act Jan. 26, 1901, ch. 180, 31 Stat. 740, which related to right of settlers to commute entry, was transferred to section 180 of Title 43. Section 423, act May 22, 1902, ch. 821, Sec. 2, 32 Stat. 203, which related to second homestead entry by certain settlers, was transferred to section 187b of Title 43. Section 424, act Mar. 3, 1901, ch. 832, Sec. 1, 31 Stat. 1077, which related to negotiations for cession of lands, was transferred to section 1195 of Title 43. Section 425, act June 6, 1912, ch. 155, 37 Stat. 125, which related to classification and appraisement of unallotted and unreserved lands, was transferred to section 1196 of Title 43. Section 426, act Mar. 3, 1891, ch. 561, Sec. 10, 26 Stat. 1099, which provided that act Mar. 3, 1891, ch. 561, not affect agreements with any Indian tribe to dispose of land, was transferred to section 1197 of Title 43. Section 427, act Feb. 9, 1903, ch. 531, 32 Stat. 820, which extended town-site laws to ceded lands in Minnesota, was transferred to section 731 of Title 43. -End- -HEAD- -HEAD- -CITE- 25 USC CHAPTER 14 - MISCELLANEOUS 01/06/03 -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS -MISC1- CHAPTER 14 - MISCELLANEOUS -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 441. Repealed. 442. Livestock loans; cash settlements. 443. Disposition of cash settlements. 443a. Conveyance to Indian tribes of federally owned buildings, improvements, or facilities; disposition of property by Indians; forfeiture; "Indian" defined. 443b. Indian goods and supplies. 444 to 449. Repealed. SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE 450. Congressional statement of findings. (a) Findings respecting historical and special legal relationship, and resultant responsibilities. (b) Further findings. 450a. Congressional declaration of policy. (a) Recognition of obligation of United States. (b) Declaration of commitment. (c) Declaration of national goal. 450a-1. Tribal and Federal advisory committees. 450b. Definitions. 450c. Reporting and audit requirements for recipients of Federal financial assistance. (a) Maintenance of records. (b) Access to books, documents, papers, and records for audit and examination by Comptroller General, etc. (c) Availability by recipient of required reports and information to Indian people served or represented. (d) Repayment to Treasury by recipient of unexpended or unused funds. (e) Annual report to tribes. (f) Single-agency audit report; additional information; declination criteria and procedures. 450d. Criminal activities involving grants, contracts, etc.; penalties. 450e. Wage and labor standards. (a) Similar construction in locality. (b) Preference requirements for wages and grants. (c) Self-determination contracts. 450e-1. Grant and cooperative agreements. 450e-2. Use of excess funds. PART A - INDIAN SELF-DETERMINATION 450f. Self-determination contracts. (a) Request by tribe; authorized programs. (b) Procedure upon refusal of request to contract. (c) Liability insurance; waiver of defense. (d) Tribal organizations and Indian contractors deemed part of Public Health Service. (e) Burden of proof at hearing or appeal declining contract; final agency action. 450g. Repealed or Transferred. 450h. Grants to tribal organizations or tribes. (a) Request by tribe for contract or grant by Secretary of the Interior for improving, etc., tribal governmental, contracting, and program planning activities. (b) Grants by Secretary of Health and Human Services for development, maintenance, etc., of health facilities or services and improvement of contract capabilities implementing hospital and health facility functions. (c) Use as matching shares for other similar Federal grant programs. (d) Technical assistance. (e) Grants for technical assistance and for planning, etc., Federal programs for tribe. 450i. Retention of Federal employee coverage, rights and benefits by employees of tribal organizations. (a) to (d) Omitted. (e) Eligible employees; Federal employee programs subject to retention. (f) Deposit by tribal organization of employee deductions and agency contributions in appropriate funds. (g) Election for retention by employee and tribal organization before date of employment by tribal organization; transfer of employee to another tribal organization. (h) "Employee" defined. (i) Promulgation of implementation regulations by President. (j) Additional employee employment rights. (k), (l) Omitted. (m) Conversion to career appointment. 450j. Contract or grant provisions and administration. (a) Applicability of Federal contracting laws and regulations; waiver of requirements. (b) Payments; transfer of funds by Treasury for disbursement by tribal organization; accountability for interest accrued prior to disbursement. (c) Term of self-determination contracts; annual renegotiation. (d) Calendar year basis for contracts. (e) Effective date for retrocession of contract. (f) Use of existing school buildings, hospitals, and other facilities and equipment therein; acquisition and donation of excess or surplus Government personal property. (g) Performance of personal services. (h) Fair and uniform provision by tribal organization of services and assistance to covered Indians. (i) Division of administration of program. (j) Proposal to redesign program, activity, function, or service. (k) Access to Federal sources of supply. (l) Lease of facility used for administration and delivery of services. (m) Statutory requirements; technical assistance; precontract negotiation phase; fixed price construction contract. (n) Rental rates for housing for Government employees in Alaska. (o) Patient records. 450j-1. Contract funding and indirect costs. (a) Amount of funds provided. (b) Reductions and increases in amount of funds provided. (c) Annual reports. (d) Treatment of shortfalls in indirect cost recoveries. (e) Liability for indebtedness incurred before fiscal year 1992. (f) Limitation on remedies relating to cost disallowances. (g) Addition to contract of full amount contractor entitled; adjustment. (h) Indirect costs for contracts for construction programs. (i) Indian Health Service and Bureau of Indian Affairs budget consultations. (j) Use of funds for matching or cost participation requirements. (k) Allowable uses of funds without approval of Secretary. (l) Suspension, withholding, or delay in payment of funds. (m) Use of program income earned. (n) Reduction of administrative or other responsibilities of Secretary; use of savings. (o) Rebudgeting by tribal organization. 450j-2. Indian Health Service: availability of funds for Indian self-determination or self-governance contract or grant support costs. 450j-3. Department of the Interior: availability of funds for Indian self-determination or self-governance contract or grant support costs. 450k. Rules and regulations. (a) Authority of Secretaries of the Interior and of Health and Human Services to promulgate; time restriction. (b) Conflicting laws and regulations. (c) Revisions and amendments; procedures applicable. (d) Consultation in drafting and promulgating; negotiation process; interagency committees; extension of deadlines. (e) Exceptions in or waiver of regulations. 450l. Contract or grant specifications. (a) Terms. (b) Payments; Federal records. (c) Model agreement. 450m. Rescission of contract or grant and assumption of control of program, etc.; authority; grounds; procedure; correction of violation as prerequisite to new contract or grant agreement; construction with occupational safety and health requirements. 450m-1. Contract disputes and claims. (a) Civil actions; concurrent jurisdiction; relief. (b) Revision of contracts. (c) Application of laws to administrative appeals. (d) Application of Contract Disputes Act. (e) Application of subsection (d). 450n. Sovereign immunity and trusteeship rights unaffected. PART B - CONTRACTS WITH STATES 451. Donations for Indians; use of gifts; annual report to Congress. 452. Contracts for education, medical attention, relief and social welfare of Indians. 453. Use of Government property by States and Territories. 454. Rules and regulations; minimum standards of service. 455. Contracts for education in public schools; submission of education plan by contractor as prerequisite; criteria for approval of plan by Secretary of the Interior; participation by non-Indian students. 456. Local committee of Indian parents in school districts having school boards composed of non-Indian majority. (a) Election; functions. (b) Revocation of contracts. 457. Reimbursement to school districts for educating non-resident students. PART C - INDIAN EDUCATION ASSISTANCE 458. School construction, acquisition, or renovation contracts. (a) Authorization; prerequisites. (b) Eligibility requirements for assistance in federally-affected areas; applicability to projects in determining maximum amount, allocation, of funds, etc. (c) Eligibility of private schools to receive funds; maximum amount. (d) Duties of State education agencies pursuant to contracts. (e) Advisory consultations by Secretary with affected entities and governing bodies prior to contracts; applicability. (f) Evaluation and report to Congress of effectiveness of construction, etc., programs; scope and content of report. (g) Authorization of appropriations. 458a. General education contract and grant provisions and requirements; school district quality and standards of excellence. 458b. Availability of funds to agencies, institutions, and organizations. 458c. Rules and regulations. (a) Prerequisites for promulgation. (b) Revision and amendment. 458d. Eligibility for funds of tribe or tribal organization controlling or managing private schools. 458e. Supplemental assistance to funds provided to local educational agencies. PART D - TRIBAL SELF-GOVERNANCE - DEPARTMENT OF THE INTERIOR 458aa. Establishment. 458bb. Selection of participating Indian tribes. (a) Continuing participation. (b) Additional participants. (c) Applicant pool. (d) Planning phase. 458cc. Funding agreements. (a) Authorization. (b) Contents. (c) Additional activities. (d) Provisions relating to Secretary. (e) Construction projects. (f) Submission for review. (g) Payment. (h) Civil actions. (i) Facilitation. (j) Funds. (k) Disclaimer. (l) Incorporate self-determination provisions. 458dd. Budget request. 458ee. Reports. (a) Requirement. (b) Contents. (c) Report on non-BIA programs. (d) Report on Central Office funds. 458ff. Disclaimers. (a) Other services, contracts, and funds. (b) Federal trust responsibilities. (c) Application of other sections of subchapter. 458gg. Regulations. (a) In general. (b) Committee. (c) Adaptation of procedures. (d) Effect. 458hh. Authorization of appropriations. PART E - TRIBAL SELF-GOVERNANCE - INDIAN HEALTH SERVICE 458aaa. Definitions. (a) In general. (b) Indian tribe. 458aaa-1. Establishment. 458aaa-2. Selection of participating Indian tribes. (a) Continuing participation. (b) Additional participants. (c) Applicant pool. (d) Planning phase. (e) Grants. (f) Receipt of grant not required. 458aaa-3. Compacts. (a) Compact required. (b) Contents. (c) Existing compacts. (d) Term and effective date. 458aaa-4. Funding agreements. (a) Funding agreement required. (b) Contents. (c) Inclusion in compact or funding agreement. (d) Funding agreement terms. (e) Subsequent funding agreements. (f) Existing funding agreements. (g) Stable base funding. 458aaa-5. General provisions. (a) Applicability. (b) Conflicts of interest. (c) Audits. (d) Records. (e) Redesign and consolidation. (f) Retrocession. (g) Withdrawal. (h) Nonduplication. 458aaa-6. Provisions relating to the Secretary. (a) Mandatory provisions. (b) Final offer. (c) Rejection of final offers. (d) Burden of proof. (e) Good faith. (f) Savings. (g) Trust responsibility. (h) Decisionmaker. 458aaa-7. Transfer of funds. (a) In general. (b) Multiyear funding. (c) Amount of funding. (d) Prohibitions. (e) Other resources. (f) Reimbursement to Indian Health Service. (g) Prompt Payment Act. (h) Interest or other income on transfers. (i) Carryover of funds. (j) Program income. (k) Limitation of costs. 458aaa-8. Construction projects. (a) In general. (b) Negotiations. (c) Codes and standards. (d) Responsibility for completion. (e) Funding. (f) Approval. (g) Wages. (h) Application of other laws. 458aaa-9. Federal procurement laws and regulations. 458aaa-10. Civil actions. (a) Contract defined. (b) Applicability of certain laws. (c) References. 458aaa-11. Facilitation. (a) Secretarial interpretation. (b) Regulation waiver. (c) Access to Federal property. (d) Matching or cost-participation requirement. (e) State facilitation. (f) Rules of construction. 458aaa-12. Budget request. (a) Requirement of annual budget request. (b) Present funding; shortfalls. 458aaa-13. Reports. (a) Annual report. (b) Contents. (c) Report on fund distribution method. 458aaa-14. Disclaimers. (a) No funding reduction. (b) Federal trust and treaty responsibilities. (c) Obligations of the United States. 458aaa-15. Application of other sections of this subchapter. (a) Mandatory application. (b) Discretionary application. 458aaa-16. Regulations. (a) In general. (b) Committee. (c) Adaptation of procedures. (d) Effect. (e) Effect of circulars, policies, manuals, guidances, and rules. 458aaa-17. Appeals. 458aaa-18. Authorization of appropriations. (a) In general. (b) Availability of appropriations. PART F - AMERICAN INDIAN EDUCATION FOUNDATION 458bbb. American Indian Education Foundation. (a) In general. (b) Perpetual existence. (c) Nature of corporation. (d) Place of incorporation and domicile. (e) Purposes. (f) Board of Directors. (g) Officers. (h) Powers. (i) Principal office. (j) Service of process. (k) Liability of officers and agents. (l) Restrictions. (m) Transfer of donated funds. (n) Audits. 458bbb-1. Administrative services and support. (a) Provision of support by Secretary. (b) Reimbursement. (c) Continuation of certain services. 458bbb-2. Definitions. [SUBCHAPTER III - RESERVED] SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND 459. Submarginal lands of United States held in trust for specified Indian tribes. (a) Declaration; addition to reservations. (b) Imposition of conditions on conveyed lands; lands excepted from conveying authority. (c) Additional lands held in trust for specified Indian tribes. 459a. Designation of tribes. (a) Description of lands. (b) Publication in Federal Register of boundaries, etc.; estimation of acreages. 459b. Submarginal lands of United States held in trust for Stockbridge Munsee Indian Community. 459c. Existing rights of possession, contract, interest, etc. (a) Preservation; force and effect of mineral leases; rejection of pending applications for leases and return of advance rental payments. (b) Administration of lands. 459d. Gross receipts from conveyed lands. (a) Deposit to credit of tribe; nonapplicability. (b) Administration of gross receipts. 459e. Tax exemption for conveyed lands and gross receipts; distribution of gross receipts to tribal members. SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES 461. Allotment of land on Indian reservations. 462. Existing periods of trust and restrictions on alienation extended. 462a. Omitted. 463. Restoration of lands to tribal ownership. (a) Protection of existing rights. (b) Papago Indians; permits for easements, etc. 463a. Extension of boundaries of Papago Indian Reservation. 463b. Purchase of private lands; limitations. 463c. Gift of lands by Arizona. 463d. Restoration of lands in Umatilla Indian Reservation to tribal ownership. 463e. Exchanges of land. 463f. Title to lands. 463g. Use of funds appropriated under section 465. 464. Transfer of restricted Indian lands or shares in assets of Indian tribes or corporation; exchange of lands. 465. Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax exemption. 465a. Receipt and purchase in trust by United States of land for Klamath Tribe Indians. 465b. "Klamath Tribe of Indians" defined. 466. Indian forestry units; rules and regulations. 467. New Indian reservations. 468. Allotments or holdings outside of reservations. 469. Indian corporations; appropriation for organizing. 470. Revolving fund; appropriation for loans. 470a. Interest charges covered into revolving fund. 471. Vocational and trade schools; appropriation for tuition. 472. Standards for Indians appointed to Indian Office. 472a. Indian preference laws applicable to Bureau of Indian Affairs and Indian Health Service positions. (a) Establishment of retention categories for purposes of reduction-in-force procedures. (b) Reassignment of employees other than to positions in higher grades; authority to make determinations respecting. (c) Waiver of applicability in personnel actions; scope, procedures, etc. (d) Placement of non-Indian employees in other Federal positions; assistance of Office of Personnel Management; cooperation of other Federal agencies. (e) Definitions. 473. Application generally. 473a. Application to Alaska. 474. Continuation of allowances. 475. Claims or suits of Indian tribes against United States; rights unimpaired. 475a. Offsets of gratuities. 476. Organization of Indian tribes; constitution and bylaws and amendment thereof; special election. (a) Adoption; effective date. (b) Revocation. (c) Election procedure; technical assistance; review of proposals; notification of contrary-to-applicable law findings. (d) Approval or disapproval by Secretary; enforcement. (e) Vested rights and powers; advisement of presubmitted budget estimates. (f) Privileges and immunities of Indian tribes; prohibition on new regulations. (g) Privileges and immunities of Indian tribes; existing regulations. 477. Incorporation of Indian tribes; charter; ratification by election. 478. Acceptance optional. 478-1. Mandatory application of sections 462 and 477. 478a. Procedure. 478b. Application of laws and treaties. 479. Definitions. 479a. Definitions. 479a-1. Publication of list of recognized tribes. (a) Publication of list. (b) Frequency of publication. 480. Indians eligible for loans. 481. Omitted. 482. Revolving fund; loans; regulations. 483. Sale of land by individual Indian owners. 483a. Mortgages and deeds of trust by individual Indian owners; removal from trust or restricted status; application to Secretary. 484. Conversion of exchange assignments of tribal lands on certain Sioux reservations into trust titles; trust and tax exemption. 485. Payment to assignment holders of moneys collected for use of subsurface rights. 486. Regulations. 487. Spokane Indian Reservation; consolidations of land. (a) Purchase, sale, and exchange. (b) Individual Indian trust lands. (c) Nontaxability. (d) Lands held by mortgage or deed of trust. (e) Acquisition and sale procedures; land purchase and consolidation program. 488. Agricultural loans to acquire land within reservations. 489. Title in trust to United States. 490. Tribal rights and privileges in connection with loans. 491. Mortgaged property governed by State law. 492. Interest rates and taxes. 493. Reduction of unpaid principal. (a) In general. (b) Fair market value. (c) Appeals. (d) Future applications. 494. Authorization of appropriations. SUBCHAPTER VI - INDIANS OF ALASKA 495. Annette Islands reserved for Metlakahtla Indians. 496, 497. Repealed. SUBCHAPTER VII - REINDEER INDUSTRY 500. Purpose. 500a. Acquisition of reindeer and other property. 500b. Filing claim of title to reindeer by nonnatives. 500c. Acceptance of gifts. 500d. Acceptance and expenditure of Federal funds. 500e. Revolving fund; moneys not to be covered into Treasury. 500f. Management of industry by Secretary; aim of management. 500g. Distribution of reindeer, property, and profits to natives. 500h. Grant of administrative powers to organizations of natives. 500i. Alienation of reindeer or interests; penalty. 500j. "Reindeer" defined. 500k. Rules and regulations. 500l. Appointment of natives to administer industry. 500m. Use of public lands; violation. 500n. "Natives of Alaska" defined. SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE 501. Acquisition of agricultural and grazing lands for Indians; title to lands; tax exemption. 502. Purchase of restricted Indian lands; preference to Secretary of the Interior; waiver of preference. 503. Organization of tribes or bands; constitution; charter; right to participate in revolving credit fund. 504. Cooperative associations; charter; purposes; voting rights. 505. Amendment or revocation of charters; suits by and against associations. 506. Loans to individuals and groups; appropriation. 507. Availability and allocation of funds; royalties from mineral deposits. 508. Application of provisions to Osage County. 509. Rules and regulations; repeals. 510. Payment of gross production taxes; method. SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND 530. Capital reserve fund; interest for administrative expenses. 531 to 535. Repealed. SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS 541. Creation of individual credits; authorized purchases. 542. Limitations on remainder of fund. 543. Liability of judgment funds for debts. 544. Creation of individual credits; authorized purchases. 545. Liability of judgment funds for debts. SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY 551. "Klamath Tribe" defined. 552. Payments in lieu of allotments. 553. Deposit and expenditure of payments. 554. Disposition of payment on death of Indian. 555. Repealed. 556. Reversion of interest in property on death without heirs or devisees. SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES 561, 562. Omitted. 563. Salaries and expenses for Klamath Tribe Officials. SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION 564. Purpose. 564a. Definitions. 564b. Membership roll; closure; preparation and initial publication; appeal from inclusion or omission from roll; finality of determination; final publication. 564c. Personal property rights; restrictions; tax exemption. 564d. Management specialists. (a) Employment; duties. (b) Availability of funds for expenditures; reimbursement of tribal funds. 564e. Sale of tribal property. (a) Transfer procedure. (b) Time limitation. (c) Effect on tribal members selling interests. 564f. Per capita payments to tribal members. 564g. Individual property. (a) Transfer of unrestricted control. (b) Removal of restrictions on sales or encumbrances; fee simple title. (c) Multiple land ownership; partition; sale; election to purchase; unlocated owners. (d) Approval of exchanges or sales by Secretary. 564h. Property of deceased members. (a) Federal laws inapplicable to probate. (b) State, etc., laws applicable to probate. 564i. Transfer of federally owned property. 564j. Taxes; initial exemption; taxes following distribution; valuation for capital gains or losses. 564k. Loan transfers; collection by tribe. 564l. Klamath irrigation works. (a) Transfer of operation and maintenance. (b) Termination of construction costs deferment; recordation of lien. (c) Appropriation authorization. (d) Adjustment of reimbursable irrigation costs. (e) Applicable irrigation laws. 564m. Water and fishing rights. (a) Water rights; laws applicable to abandonment. (b) Fishing rights or privileges. 564n. Protection of minors, persons non compos mentis, and other members needing assistance; guardians; other adequate means; trusts; annuities; assistance factors; contests. 564o. Advances or expenditures from tribal funds. 564p. Execution by Secretary of patents, deeds, etc. 564q. Termination of Federal trust. (a) Publication; termination of Federal services; application of Federal and State laws. (b) Citizenship status unaffected. 564r. Termination of Federal powers over tribe. 564s. Set off of individual indebtedness; credit. 564t. Indian claims unaffected. 564u. Valid leases, permits, liens, etc., unaffected. 564v. Rules and regulations; tribal referenda. 564w. Education and training program; purposes; subjects; transportation; subsistence; contracts; other education programs. 564w-1. Klamath Indian Forest and Klamath Marsh. (a) Designation of boundaries. (b) Sales; terms and conditions. (c) Appraisals; notice to Congressional committees; appropriation; realization value; report to Congressional committees. (d) Unsold forest units and marsh lands; title after publication in Federal Register; aggregate realization value; appropriation. (e) Sale of retained lands to Secretary of Agriculture. (f) Klamath Marsh National Wildlife Refuge; appropriation. (g) Homesites. (h) Administration of outstanding timber sales contracts. (i) Right of United States to use roads. 564w-2. Federal acquisition of tribal land. (a) Condemnation authority. (b) Initiation of action; authorization of appropriations. (c) Applicability of homesite provisions. 564x. Timber sales. SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND 565. Authorization to distribute funds. 565a. Distribution to persons on final roll; payment of shares due living adults, deceased enrollees, adults under legal disabilities, persons in need of assistance, and minors. 565b. Time of payment; claims for shares of deceased enrollees. 565c. Disposition of funds remaining after distribution. 565d. Disposition of funds insufficient to justify further distribution. 565e. Costs. 565f. Taxes. 565g. Rules and regulations. SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION 566. Restoration of Federal recognition, rights, and privileges. (a) Federal recognition. (b) Restoration of rights and privileges. (c) Federal services and benefits. (d) Certain rights not altered. (e) Modoc Indian Tribe of Oklahoma. 566a. Tribe Constitution and Bylaws. 566b. Conservation and development of lands. (a) In general. (b) Adoption of constitution. 566c. Hunting, fishing, trapping, and water rights. 566d. Transfer of land to be held in trust. 566e. Criminal and civil jurisdiction. 566f. Economic development. (a) Plan for economic self-sufficiency. (b) Consultation with State and local officials required. (c) Restrictions to be contained in plan. (d) Appendix to plan submitted to Congress. 566g. Definitions. 566h. Regulations. SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND 571. Membership roll; preparation. 572. Payments to individuals; expenditure of payments. 573. Uses of judgment fund. (a) Purchase of lands. (b) Loan fund. (c) Productive enterprises. 574. Consolidation of lands. 574a. Acquisition of lands on Wind River Reservation. (a) Authority to hold lands in trust for individual tribe. (b) Lands remain part of joint reservation subject to exclusive tribal control. (c) Income. (d) Savings provision. 575. Restoration of lands. 576. Purchase of lands; reimbursement of expenditures. 577. Liability of judgment funds for debts. 581. Disposition of funds. 582. Shoshone-Bannock Tribes of the Fort Hall Reservation; credit of funds. 583. Northwestern Bands of Shoshone Indians; credit of funds. 584. Apportionment of remaining funds; Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone Tribe of the Wind River Reservation. 585. Membership rolls; preparation; eligibility for enrollment; application; finality of determination. 586. Northwestern Band of Shoshone Indians; payment to enrollees; heirs or legatees; trust for minors and persons under legal disability. 587. Funds apportioned to Shoshone-Bannock Tribes of the Fort Hall Reservation. (a) Distribution to enrollees. (b) Determination of per capita share. (c) Trust for minors and persons under legal disability. (d) Remaining funds. 588. Shoshone Tribe of the Wind River Reservation; distribution of funds. 589. Tax exemption. 590. Rules and regulations. 590a. Shoshone-Bannock Tribes of the Fort Hall Reservation; credit of funds. 590b. Disposition of funds.