dreamproit/uscode huggingface dataset:
25 U.S.C. § 61 (INDIANS)
§ 61. Estimates for personal services in Indian Office
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.
(Aug. 23, 1912, ch. 350, § 1, 37 Stat. 396.)
heading: Transfer of Functions
text: 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.
25 U.S.C. § 62 (INDIANS)
§ 62. Discontinuance and transfer of agencies
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.
(R.S. § 2059.)
heading: Codification
text: R.S. § 2059 derived from act June 30, 1834, ch. 162, § 4, 4 Stat. 735.
heading: Delegation of Functions
text: 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.
25 U.S.C. § 63 (INDIANS)
§ 63. Consolidation of agencies
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.
(May 17, 1882, ch. 163, § 6, 22 Stat. 88; July 4, 1884, ch. 180, § 6, 23 Stat. 97.)
heading: Delegation of Functions
text: 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.
25 U.S.C. § 64 (INDIANS)
§ 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.)
heading: Codification
text: R.S. § 2053 derived from act Feb. 14, 1873, ch. 138, § 1, 17 Stat. 437.
heading: Indian Agents
text: 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.
25 U.S.C. § 65 (INDIANS)
§ 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.)
heading: Codification
text: R.S. § 2073 derived from act July 9, 1832, ch. 174, § 5, 4 Stat. 564.
heading: Transfer of Functions
text: 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.
heading: Indian Agents
text: The services of Indian agents have been dispensed with. See note set out under section 64 of this title.
25 U.S.C. § 66 (INDIANS)
§ 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.)
heading: Amendments
text: 1972—Pub. L. 92–310 struck out provisions which required the superintendent of the Indian school to give a bond as other Indian agents.
heading: Transfer of Functions
text: 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.
25 U.S.C. § 67 (INDIANS)
§ 67. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 636
text: 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.
25 U.S.C. § 68, 68a (INDIANS)
§§ 68, 68a. Repealed. Pub. L. 96–277, § 2, June 17, 1980, 94 Stat. 545
text: 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.
text: 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.
heading: Effective Date of Repeal
text: Pub. L. 96–277, § 4, June 17, 1980, 94 Stat. 546, 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].”
25 U.S.C. § 70n–3 (INDIANS)
§ 70n–3. Repealed. Pub. L. 93–608, § 1(16), Jan. 2, 1975, 88 Stat. 1970
text: Section, Pub. L. 88–168, § 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.
25 U.S.C. § 70n–4 to 70v–3 (INDIANS)
§§ 70n–4 to 70v–3. Omitted
heading: Codification
text: The Indian Claims Commission terminated on Sept. 30, 1978, pursuant to section 70v of this title.
Section 70n–4, Pub. L. 88–168, § 4, Nov. 4, 1963, 77 Stat. 301, related to payment of interest and repayment from judgments.
Section 70n–5, Pub. L. 88–168, § 5, Nov. 4, 1963, 77 Stat. 301, related to crediting to revolving fund of repayments and interest.
Section 70n–6, Pub. L. 88–168, § 6, Nov. 4, 1963, 77 Stat. 301, related to liability of the United States.
Section 70n–7, Pub. L. 88–168, § 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, § 16, 60 Stat. 1053, forbade a member of Congress from practicing before Commission.
Section 70p, act Aug. 13, 1946, ch. 959, § 17, 60 Stat. 1053, related to hearings by Commission.
Section 70q, acts Aug. 13, 1946, ch. 959, § 18, 60 Stat. 1054; Apr. 10, 1967, Pub. L. 90–9, § 4, 81 Stat. 11, related to testimony of witnesses before Commission.
Section 70r, act Aug. 13, 1946, ch. 959, § 19, 60 Stat. 1054, related to final determinations of Commission.
Section 70s, acts Aug. 13, 1946, ch. 959, § 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, § 21, 60 Stat. 1055, related to a report of determination of claim to Congress by Commission.
Section 70u, act Aug. 13, 1946, ch. 959, § 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, § 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, § 1, 81 Stat. 11; Mar. 30, 1972, Pub. L. 92–265, § 1, 86 Stat. 114; Oct. 8, 1976, Pub. L. 94–465, § 2, 90 Stat. 1990, provided for dissolution of Commission.
Section 70v–1, act Aug. 13, 1946, ch. 959, § 27, as added Apr. 10, 1967, Pub. L. 90–9, § 5, 81 Stat. 11; amended Mar. 30, 1972, Pub. L. 92–265, §§ 2, 3, 86 Stat. 115, related to trial calendar of Commission.
Section 70v–2, act Aug. 13, 1946, ch. 959, § 28, as added Mar. 30, 1972, Pub. L. 92–265, § 4, 86 Stat. 115; amended Oct. 8, 1976, Pub. L. 94–465, § 3, 90 Stat. 1990, related to status reports to Congress by Commission.
Section 70v–3, act Aug. 13, 1946, ch. 959, § 29, as added July 20, 1977, Pub. L. 95–69, § 2, 91 Stat. 273; amended Apr. 2, 1982, Pub. L. 97–164, title I, § 149, 96 Stat. 46, related to cases transferred to United States Claims Court from Commission.
25 U.S.C. § 70w (INDIANS)
§ 70w. Repealed. May 24, 1949, ch. 139, § 142, 63 Stat. 110
text: Section, act Aug. 13, 1946, ch. 959, § 24, 60 Stat. 1055, related to Indian claims accruing after Aug. 13, 1946. See section 1505 of Title 28, Judiciary and Judicial Procedure.
25 U.S.C. § 71 (INDIANS)
§ 71. Future treaties with Indian tribes
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.
(R.S. § 2079; Pub. L. 100–647, title III, § 3042, Nov. 10, 1988, 102 Stat. 3641.)
heading: Codification
text: R.S. § 2079 derived from act Mar. 3, 1871, ch. 120, § 1, 16 Stat. 566.
heading: Amendments
text: 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.
heading: Effective Date of 1988 Amendment
text: 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.
heading: Short Title of 2000 Amendment
text: Pub. L. 106–179, § 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’.”
25 U.S.C. § 72 (INDIANS)
§ 72. Abrogation of treaties
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.
(R.S. § 2080.)
heading: Codification
text: R.S. § 2080 derived from act July 5, 1862, ch. 135, § 1, 12 Stat. 528.
25 U.S.C. § 81a (INDIANS)
§ 81a. Counsel for prosecution of claims against the United States; cancellation; revival
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.
(June 26, 1936, ch. 851, § 1, 49 Stat. 1984.)
heading: Transfer of Functions
text: 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.
25 U.S.C. § 81b (INDIANS)
§ 81b. Continuation of contracts with attorneys containing limitation of time where suits have been filed
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.
(June 26, 1936, ch. 851, § 2, 49 Stat. 1984.)
25 U.S.C. § 82 (INDIANS)
§ 82. Payments under contracts; aiding in making prohibited contracts
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.
(R.S. § 2104.)
heading: Codification
text: R.S. § 2104 derived from act May 21, 1872, ch. 177, § 3, 17 Stat. 137.
heading: Transfer of Functions
text: 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.
25 U.S.C. § 82a (INDIANS)
§ 82a. Contracts for payment of money permitted certain tribes; payment for legal services
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.
(July 3, 1952, ch. 549, § 1, 66 Stat. 323.)
heading: Contracts Involving Choctaw and Chickasaw Tribes
text: Act July 3, 1952, ch. 549, § 2, 66 Stat. 323, 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.”
25 U.S.C. § 83 (INDIANS)
§ 83. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862
text: Section, R.S. § 2105, related to payments under prohibited contracts.
heading: Effective Date of Repeal
text: Repeal by act June 25, 1948 effective Sept. 1, 1948.
25 U.S.C. § 85 (INDIANS)
§ 85. Contracts relating to tribal funds or property
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.
(June 30, 1913, ch. 4, § 18, 38 Stat. 97.)
25 U.S.C. § 86 (INDIANS)
§ 86. Encumbrances on lands allotted to applicants for enrollment in Five Civilized Tribes; use of interest on tribal funds
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.
(Aug. 1, 1914, ch. 222, § 17, 38 Stat. 601; June 25, 1948, ch. 645, § 3, 62 Stat. 859.)
heading: References in Text
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.
heading: Amendments
text: 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.
heading: Effective Date of 1948 Amendment
text: Amendment by act June 25, 1948 effective Sept. 1, 1948.
heading: Transfer of Functions
text: 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.
25 U.S.C. § 87 (INDIANS)
§ 87. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862
text: Section, act June 22, 1874, ch. 389, § 10, 18 Stat. 177, related to interest of agents and employees in Indian contracts. See section 437 of Title 18, Crimes and Criminal Procedure.
heading: Effective Date of Repeal
text: Repeal effective Sept. 1, 1948, see act June 25, 1948, ch. 645, § 20, 62 Stat. 862.
25 U.S.C. § 87a (INDIANS)
§ 87a. Repealed. Pub. L. 96–277, § 2, June 17, 1980, 94 Stat. 545
text: 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.
heading: Effective Date of Repeal
text: 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.
25 U.S.C. § 88 (INDIANS)
§ 88. False vouchers, accounts, or claims
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.
(July 4, 1884, ch. 180, § 8, 23 Stat. 97.)
heading: Transfer of Functions
text: 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.