-CITE-
    25 USC CHAPTER 5 - PROTECTION OF INDIANS                    01/03/2007

-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 Repealed.                                             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 Repealed or Omitted.                                  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        Repealed.                                             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        Repealed.                                             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                                     01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-
    Secs. 171 to 173. Repealed.

-MISC1-
    Secs. 171 to 173. Repealed. May 21, 1934, ch. 321, 48 Stat. 787.
      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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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.

-End-



-CITE-
    25 USC Sec. 178                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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.)

-End-



-CITE-
    25 USC Sec. 182                                             01/03/2007

-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                                             01/03/2007

-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.)

-End-



-CITE-
    25 USC Sec. 184                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-
    Sec. 186. Repealed.

-MISC1-
    Sec. 186. Repealed. May 21, 1934, ch. 321, 48 Stat. 787.
      Section, R.S. Sec. 2120, related to trespassing on lands of
    civilized Indians.

-End-



-CITE-
    25 USC Sec. 187                                             01/03/2007

-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                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-
    Secs. 188, 189. Repealed.

-MISC1-
    Secs. 188, 189. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(49), (50),
      65 Stat. 703.
      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                                             01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-
    Sec. 191. Repealed.

-MISC1-
    Sec. 191. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(51), 65 Stat.
      703.
      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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-
    Sec. 195. Repealed.

-MISC1-
    Sec. 195. Repealed. Aug. 15, 1953, ch. 506, Sec. 2(b), 67 Stat. 590.
      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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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.

-End-