Page 21 TITLE 25—INDIANS § 99

1So in original.

SUBCHAPTER I—PURCHASE OF SUPPLIES

§§ 91, 92. Omitted

CODIFICATION

Section 91, R.S. §2083, related to purchase of goods

pursuant to any Indian treaty. See section 5 of Title 41,

Public Contracts.

Section 92, R.S. §2084, related to purchase of goods by

Office of Indian Affairs. See section 5 of Title 41.

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, which is classified to section 752

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.

§ 93. Repealed. Oct. 10, 1940, ch. 851, § 4, 54 Stat.

1112

Section, acts June 25, 1910, ch. 431, §23, 36 Stat. 861;

May 18, 1916, ch. 125, §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.

§ 94. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat.

1028

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.

§ 95. Repealed. Mar. 27, 1939, ch. 18, 53 Stat. 551

Section, acts June 22, 1874, ch. 389, §6, 18 Stat. 176;

Mar. 3, 1875, ch. 132, §9, 18 Stat. 450; May 18, 1916, ch.

125, §1, 39 Stat. 129, referred to bids under advertisements for goods or supplies.

§ 96. Repealed. Pub. L. 104–316, title I, § 112(a),

Oct. 19, 1996, 110 Stat. 3833

Section, acts Mar. 3, 1875, ch. 132, §7, 18 Stat. 450; July

31, 1894, ch. 174, §§3, 7, 28 Stat. 205, 206; June 10, 1921, ch.

18, title III, §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.

§ 97. Proposals or bids for contracts to be preserved

In all lettings of contracts in connection with

the Indian Service, the proposals or bids received shall be filed and preserved..1

(Aug. 15, 1876, ch. 289, §3, 19 Stat. 199; June 21,

1906, ch. 3504, 34 Stat. 328; Pub. L. 104–316, title

I, §112(b), Oct. 19, 1996, 110 Stat. 3833.)

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’’.

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.

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, which is classified to

section 752 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.

§ 98. Purchase of supplies without authority

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.

(R.S. §2085.)

CODIFICATION

R.S. §2085 derived from act July 15, 1870, ch. 296, §2,

16 Stat. 360.

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.

§ 99. Contracts for supplies in advance of appropriations

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.

(Aug. 15, 1894, ch. 290, §4, 28 Stat. 312.)

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees,

and agencies of Department of the Interior, with cer-