Page 15 TITLE 25—INDIANS §§ 70 to 70n–2

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.

(May 17, 1882, ch. 163, §6, 22 Stat. 88; July 4, 1884,

ch. 180, §6, 23 Stat. 97.)

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.

§ 64. Services of agents dispensed with

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.

(R.S. §2053; June 22, 1874, ch. 389, §1, 18 Stat. 147;

Mar. 3, 1875, ch. 132, §1, 18 Stat. 421.)

CODIFICATION

R.S. §2053 derived from act Feb. 14, 1873, ch. 138, §1,

17 Stat. 437.

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.

§ 65. Discontinuance of agents, subagents, and interpreters

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.

(R.S. §2073; Feb. 27, 1877, ch. 69, §1, 19 Stat. 244.)

CODIFICATION

R.S. §2073 derived from act July 9, 1832, ch. 174, §5, 4

Stat. 564.

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, §§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.

INDIAN AGENTS

The services of Indian agents have been dispensed

with. See note set out under section 64 of this title.

§ 66. Duties of agency devolved on superintendent of Indian school

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.

(Mar. 1, 1907, ch. 2285, 34 Stat. 1020; Pub. L.

92–310, title II, §229(d), June 6, 1972, 86 Stat. 208.)

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.

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, §§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.

§ 67. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966,

80 Stat. 636

Section, act Mar. 3, 1893, ch. 209, §1, 27 Stat. 614, provided that the superintendent of the training school at

Cherokee Agency was to act as an agent.

§§ 68, 68a. Repealed. Pub. L. 96–277, § 2, June 17,

1980, 94 Stat. 545

Section 68, R.S. §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].’’

CHAPTER 2A—INDIAN CLAIMS COMMISSION

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.

§§ 70 to 70n–2. Omitted

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, §1, 60 Stat. 1049,

established Indian Claims Commission.

Section 70a, acts Aug. 13, 1946, ch. 959, §2, 60 Stat.

1050; Oct. 27, 1974, Pub. L. 93–494, §2, 88 Stat. 1499, related to jurisdiction of claims considered by Commission.

Section 70b, acts Aug. 13, 1946, ch. 959, §3, 60 Stat.

1050; Apr. 10, 1967, Pub. L. 90–9, §§2, 3, 81 Stat. 11; Oct.

12, 1978, Pub. L. 95–453, 92 Stat. 1110, related to members

of Commission.