dreamproit/uscode huggingface dataset:
25 U.S.C. § 117a (INDIANS)
§ 117a. Per capita distribution of funds to tribe members
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.
(Pub. L. 98–64, § 1, Aug. 2, 1983, 97 Stat. 365.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: 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 L. 98–64, Aug. 2, 1983, 97 Stat. 365, which enacted sections 117a to 117c and repealed section 117 of this title and repealed section 19 (per capita payments provisions) of act June 28, 1898, ch. 517, 30 Stat. 502, is popularly known as the “Per Capita Act”.
25 U.S.C. § 117b (INDIANS)
§ 117b. Distribution of funds
(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 Arapaho 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 1 Tribe of the Wind River Reservation, Wyoming.
(Pub. L. 98–64, § 2, Aug. 2, 1983, 97 Stat. 365.)
heading: Editorial Notes
heading: References in Text
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 (§ 1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1401(c) of this title and Tables.
25 U.S.C. § 118 (INDIANS)
§ 118. Payments in satisfaction of judgments
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.
(Mar. 3, 1911, ch. 210, § 28, 36 Stat. 1077.)
heading: Executive Documents
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.
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.
25 U.S.C. § 119 (INDIANS)
§ 119. Allotment of tribal funds to individual Indians
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.
(Mar. 2, 1907, ch. 2523, § 1, 34 Stat. 1221; Pub. L. 97–164, title I, § 160(a)(7), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
heading: Editorial Notes
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1992 Amendment
text: 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.
heading: Effective Date of 1982 Amendment
text: 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.
heading: Executive Documents
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. § 120 (INDIANS)
§ 120. Per capita payments to enrolled members of Choctaw and Chickasaw Tribes
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.
(Feb. 14, 1920, ch. 75, § 18, 41 Stat. 427.)
heading: Executive Documents
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. § 121 (INDIANS)
§ 121. Payment of share of tribal funds to helpless Indians
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.
(Mar. 2, 1907, ch. 2523, § 2, 34 Stat. 1221; May 18, 1916, ch. 125, § 1, 39 Stat. 128.)
heading: Executive Documents
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. § 122 (INDIANS)
§ 122. Limitation on application of tribal funds
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.
(R.S. § 2097.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2097 derived from act July 26, 1866, ch. 266, § 2, 14 Stat. 280.
25 U.S.C. § 123a (INDIANS)
§ 123a. Tribal funds; use to purchase insurance for protection of tribal property
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.
(Apr. 13, 1926, ch. 118, 44 Stat. 242; Aug. 2, 1946, ch. 754, 60 Stat. 852.)
heading: Editorial Notes
heading: Amendments
text: 1946—Act Aug. 2, 1946, provided for use of funds to pay premiums on personal and property damage insurance.
25 U.S.C. § 127 (INDIANS)
§ 127. Moneys or annuities of hostile Indians
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.
(R.S. § 2100; May 29, 1928, ch. 901, § 1(81), 45 Stat. 992.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2100 derived from act Mar. 2, 1867, ch. 173, § 2, 14 Stat. 515.
heading: Amendments
text: 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.
25 U.S.C. § 128 (INDIANS)
§ 128. Appropriations not paid to Indians at war with United States
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.
(Mar. 3, 1875, ch. 132, § 2, 18 Stat. 449.)
heading: Executive Documents
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. § 129 (INDIANS)
§ 129. Moneys due Indians holding captives other than Indians withheld
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.
(Mar. 3, 1875, ch. 132, § 1, 18 Stat. 424.)
heading: Executive Documents
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. § 130 (INDIANS)
§ 130. Withholding of moneys or goods on account of intoxicating liquors
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.
(R.S. § 2087.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2087 derived from act Mar. 3, 1847, ch. 66, § 3, 9 Stat. 203.
25 U.S.C. § 131 (INDIANS)
§ 131. Advances to disbursing officers
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.
(R.S. § 2092.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2092 derived from act June 27, 1846, ch. 34, § 1, 9 Stat. 20.
heading: Statutory Notes and Related Subsidiaries
heading: Indian Agents
text: The services of Indian agents have been dispensed with. See note set out under section 64 of this title.
heading: Superintendent of Indian Affairs
text: No appropriation for any superintendent of Indian affairs has been made since act Mar. 3, 1877, ch. 101, § 1, 19 Stat. 271.
heading: Executive Documents
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.
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.
25 U.S.C. § 132 (INDIANS)
§ 132. Mode of distribution of goods
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.
(R.S. § 2090.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2090 derived from act Apr. 10, 1869, ch. 16, § 2, 16 Stat. 39.
heading: Statutory Notes and Related Subsidiaries
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. § 133 (INDIANS)
§ 133. Rolls of Indians entitled to supplies
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.
(Mar. 3, 1875, ch. 132, § 4, 18 Stat. 449.)
heading: Statutory Notes and Related Subsidiaries
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. § 135 (INDIANS)
§ 135. Supplies distributed so as to prevent deficiencies
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.
(Mar. 3, 1875, ch. 132, § 6, 18 Stat. 450.)
heading: Executive Documents
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. § 136 (INDIANS)
§ 136. Commutation of rations and other supplies; payment per capita
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.
(July 1, 1898, ch. 545, § 7, 30 Stat. 596.)
heading: Editorial Notes
heading: References in Text
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.
heading: Executive Documents
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. § 137 (INDIANS)
§ 137. Supplies distributed to able-bodied males on condition
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.
(Mar. 3, 1875, ch. 132, § 3, 18 Stat. 449.)
heading: Statutory Notes and Related Subsidiaries
heading: Indian Agents
text: The services of Indian agents have been dispensed with. See note set out under section 64 of this title.
heading: Executive Documents
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. § 138 (INDIANS)
§ 138. Goods withheld from chiefs violating treaty stipulations
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.
(R.S. § 2101.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2101 derived from act Apr. 10, 1869, ch. 16, § 2, 16 Stat. 39.
25 U.S.C. § 139 (INDIANS)
§ 139. Appropriations for subsistence
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.
(Mar. 1, 1907, ch. 2285, 34 Stat. 1016.)
heading: Executive Documents
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. § 140 (INDIANS)
§ 140. Diversion of appropriations for employees and supplies
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.
(Mar. 1, 1907, ch. 2285, 34 Stat. 1016.)
heading: Executive Documents
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.