US (United States) Code. Title 25. Chapter 1: Bureau of Indian Affairs

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 1 - BUREAU OF INDIAN AFFAIRS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-MISC1-

Sec.

1. Commissioner of Indian Affairs.

1a. Delegation of powers and duties by Secretary of the

Interior and Commissioner of Indian Affairs.

2. Duties of Commissioner.

2a. Assistant or deputy commissioners; appointment; powers

and duties.

3. Compilation of statutes regulating duties of Indian

agents and inspectors.

4. Defective record of deeds and papers legalized.

5. Record of deeds by Indians requiring approval.

6. Seal; authenticated and certified documents; evidence.

7. Fees for furnishing certified copies of records.

8. Accounts for claims and disbursements.

9. Regulations by President.

10. Employee to sign letters.

11. Employee or employees to sign approval of tribal

deeds.

12. Agent to negotiate commutation of annuities.

13. Expenditure of appropriations by Bureau.

13-1. Authorization of appropriations for funds for basic

educational support through parent committees.

13a. Carryover funding.

13b. Payment of care, tuition, assistance, and other

expenses of Indians in boarding homes, institutions,

and schools; payment of rewards.

13c. Source of funds to pay cost of lunches for nonboarding

public school students.

13d. Limits on use of appropriated funds by Bureau for

general or other welfare assistance.

13d-1. Standards of need as basis for general assistance

payments by Bureau of Indian Affairs; ratable

reductions.

13d-2. Enrollment and general assistance payments.

(a) In general.

(b) Factors not to be considered.

(c) No effect on other eligibility requirements.

13d-3. Tribal authority to change eligibility for, or amount

of, general assistance payments.

13e. Expenses of exhibits; advance payments for services;

termination of Federal supervision; treaty expenses.

13f. Tribal priority allocations in Alaska.

14. Money accruing to Indians from Department of Veterans

Affairs or other governmental agencies.

14a. Deposit of grant funds received by Bureau from other

Federal agencies.

14b. Disposition of funds received from public for goods

and services provided by Bureau of Indian Affairs.

15. Utility facilities used in administration of Bureau;

contracts for sale, operation, maintenance, repair or

relocation of facilities; terms and conditions;

exception; Congressional approval.

16. Transportation of Indians in Bureau vehicles.

17. Use of Bureau facilities.

(a) In general.

(b) Scope of authority.

(c) Limitation of liability.

NATIONAL COUNCIL ON INDIAN OPPORTUNITY; APPROPRIATIONS

AUTHORIZATION; TERMINATION DATE

Pub. L. 91-125, Nov. 26, 1969, 83 Stat. 220, provided for annual

appropriations of $300,000 and a termination date of Nov. 26, 1974

for the National Council on Indian Opportunity which was

established by Ex. Ord. 11399.

-EXEC-

EXECUTIVE ORDER NO. 11399

Ex. Ord. No. 11399, Mar. 6, 1968, 33 F.R. 4245, as amended by Ex.

Ord. 11551, Aug. 11, 1970, 35 F.R. 12885; Ex. Ord. No. 11688, Dec.

1, 1972, 37 F.R. 25815, established the National Council on Indian

Opportunity and provided for the functions, compensation,

assistance, and meetings with respect to the Council.

-End-

-CITE-

25 USC Sec. 1 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 1. Commissioner of Indian Affairs

-STATUTE-

There shall be in the Department of the Interior a Commissioner

of Indian Affairs, who shall be appointed by the President, by and

with the advice and consent of the Senate.

-SOURCE-

(R.S. Sec. 462.)

-COD-

CODIFICATION

R.S. Sec. 462 derived from act July 9, 1832, ch. 174, Sec. 1, 4

Stat. 564.

Provisions of this section relating to compensation of the

Commissioner were omitted as obsolete. The position is in level V

of the Executive Schedule under section 5316 of Title 5, Government

Organization and Employees.

-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. 1a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 1a. Delegation of powers and duties by Secretary of the

Interior and Commissioner of Indian Affairs

-STATUTE-

For the purpose of facilitating and simplifying the

administration of the laws governing Indian affairs, the Secretary

of the Interior is authorized to delegate, from time to time, and

to the extent and under such regulations as he deems proper, his

powers and duties under said laws to the Commissioner of Indian

Affairs, insofar as such powers and duties relate to action in

individual cases arising under general regulations promulgated by

the Secretary of the Interior pursuant to law. Subject to the

supervision and direction of the Secretary, the Commissioner is

authorized to delegate, in like manner, any powers and duties so

delegated to him by the Secretary, or vested in him by law, to the

assistant commissioners, or the officer in charge of any branch,

division, office, or agency of the Bureau of Indian Affairs,

insofar as such powers and duties relate to action in individual

cases arising under general regulations promulgated by the

Secretary of the Interior or the Commissioner of Indian Affairs

pursuant to law. Such delegated powers shall be exercised subject

to appeal to the Secretary, under regulations to be prescribed by

him, or, as from time to time determined by him, to the Deputy

Secretary or to an Assistant Secretary of the Department of the

Interior, or to the Commissioner of Indian Affairs. The Secretary

or the Commissioner, as the case may be, may at any time revoke the

whole or any part of a delegation made pursuant to this section,

but no such revocation shall be given retroactive effect. Nothing

in this section shall be deemed to abrogate or curtail any

authority to make delegations conferred by any other provision of

law, nor shall anything in this section be deemed to convey

authority to delegate any power to issue regulations.

-SOURCE-

(Aug. 8, 1946, ch. 907, 60 Stat. 939; Pub. L. 101-509, title V,

Sec. 529 [title I, Sec. 112(c)], Nov. 5, 1990, 104 Stat. 1427,

1454.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-509 substituted "Deputy Secretary" for "Under

Secretary" before "or to an Assistant Secretary".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on first day of first pay

period beginning on or after Nov. 5, 1990, with continued service

by incumbent Under Secretary of the Interior, see section 529

[title I, Sec. 112(e)(1), (2)(B)] of Pub. L. 101-509, set out as a

note under section 3404 of Title 20, Education.

-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.

-MISC2-

ASSISTANT COMMISSIONERS

An assistant commissioner was authorized by a provision of act

July 16, 1914, ch. 141, Sec. 1, 38 Stat. 490.

-End-

-CITE-

25 USC Sec. 2 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 2. Duties of Commissioner

-STATUTE-

The Commissioner of Indian Affairs shall, under the direction of

the Secretary of the Interior, and agreeably to such regulations as

the President may prescribe, have the management of all Indian

affairs and of all matters arising out of Indian relations.

-SOURCE-

(R.S. Sec. 463.)

-COD-

CODIFICATION

R.S. Sec. 463 derived from acts July 9, 1832, ch. 174, Sec. 1, 4

Stat. 564; July 27, 1868, ch. 259, Sec. 1, 15 Stat. 228.

-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.

All supervisory and appellate powers and duties in regard to

Indian affairs theretofore vested in Secretary of the Treasury were

thereafter to be exercised and performed by Secretary of the

Interior under provisions of section 1 of act July 27, 1868, ch.

259, 15 Stat. 228.

Appointment by President of a Commissioner of Indian Affairs to

act under direction of Secretary of War was provided for by section

1 of act July 9, 1832, ch. 174, 4 Stat. 564.

-End-

-CITE-

25 USC Sec. 2a 01/06/03

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TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 2a. Assistant or deputy commissioners; appointment; powers and

duties

-STATUTE-

Assistant or deputy commissioners of the Bureau of Indian

Affairs, in the Department of the Interior, shall be appointed by

the Secretary of the Interior, subject to the civil-service laws

and chapter 51 and subchapter III of chapter 53 of title 5.

Appointments to these positions shall be considered as made under

the authority of section 3101 of title 5. Assistant and deputy

commissioners so appointed shall be authorized to sign such

letters, papers, and documents and to perform such other duties as

may be directed by the commissioner of the Bureau of Indian

Affairs. The Secretary may designate for the Bureau of Indian

Affairs an assistant or deputy commissioner, who shall be

authorized to perform the duties of the commissioner in case of the

death, resignation, absence, or sickness of the commissioner.

-SOURCE-

(June 5, 1942, ch. 336, Sec. 1, 56 Stat. 312; 1946 Reorg. Plan No.

3, Sec. 403(d), eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100;

Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in text, are set out in Title

5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-COD-

CODIFICATION

"Chapter 51 and subchapter III of chapter 53 of title 5" and

"section 3101 of title 5" substituted in text for "the

Classification Act of 1949, as amended" and "section 169 of the

Revised Statutes, as amended (5 U.S.C., sec. 43)", respectively, on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

Section embodies only those provisions of section 1 of act June

5, 1942, which relate to the Bureau of Indian Affairs. Provisions

of section 1 of such act relating to the General Land Office were

classified to section 3a of Title 43, Public Lands, and were

omitted from the Code pursuant to Reorg. Plan No. 3 of 1946.

-MISC1-

AMENDMENTS

1949 - Act Oct. 28, 1949, substituted "Classification Act of

1949" for "Classification Act of 1923".

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

REPEAL OF INCONSISTENT LAWS

Section 2 of act June 5, 1942, provided as follows: "All

provisions of law inconsistent with this Act [this section] are

hereby repealed to the extent of such inconsistency."

-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.

-MISC2-

ASSISTANT COMMISSIONERS

An assistant commissioner was authorized by a provision of act

July 16, 1914, ch. 141, Sec. 1, 38 Stat. 490.

-End-

-CITE-

25 USC Sec. 3 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 3. Compilation of statutes regulating duties of Indian agents

and inspectors

-STATUTE-

It shall be the duty of the Commissioner of Indian Affairs to

cause to be compiled and printed for the use of Indian agents and

inspectors the provisions of the statutes regulating the

performance of their respective duties, and also to furnish said

officers from time to time information of new enactments upon the

same subject.

-SOURCE-

(May 17, 1882, ch. 163, Sec. 7, 22 Stat. 88.)

-COD-

CODIFICATION

Section is from the Indian Appropriation Act, 1883.

-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

There have been no Indian agents since 1908. See note under

section 64 of this title.

-End-

-CITE-

25 USC Sec. 4 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 4. Defective record of deeds and papers legalized

-STATUTE-

The recording of all deeds and papers prior to July 26, 1892, in

the office of the Commissioner of Indian Affairs is confirmed,

approved, and legalized; and said record theretofore made shall be

deemed, taken, and held to be good and valid and shall have all the

force and effect and be entitled to the same credit as if it had

been made in pursuance of and in conformity to law. But shall have

no effect whatever upon the validity or invalidity of the deed or

paper so recorded, and shall be no evidence of constructive notice

to any persons not actually knowing the contents.

-SOURCE-

(July 26, 1892, ch. 256, Sec. 1, 27 Stat. 272.)

-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. 5 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 5. Record of deeds by Indians requiring approval

-STATUTE-

The Commissioner of Indian Affairs is hereby empowered and

directed to continue to make and keep a record of every deed

executed by any Indian, his heirs, representatives, or assigns,

which may require the approval of the President of the United

States or of the Secretary of the Interior, whenever such approval

shall have been given, and the deed so approved returned to said

office.

-SOURCE-

(July 26, 1892, ch. 256, Sec. 2, 27 Stat. 273.)

-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. 6 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 6. Seal; authenticated and certified documents; evidence

-STATUTE-

The Commissioner of Indian Affairs shall cause a seal to be made

and provided for the said office, with such device as the President

of the United States shall approve, and copies of any public

documents, records, books, maps, or papers belonging to or on the

files of said office, authenticated by the seal and certified by

the Commissioner thereof, or by such officer as may, for the time

being, be acting as or for such Commissioner, shall be evidence

equally with the originals thereof.

-SOURCE-

(July 26, 1892, ch. 256, Sec. 3, 27 Stat. 273.)

-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. 7 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 7. Fees for furnishing certified copies of records

-STATUTE-

The Commissioner of Indian Affairs shall have the custody of said

seal, and shall furnish certified copies of any such records,

books, maps, or papers belonging to or on the files of said office,

to any person applying therefor who shall comply with the

requirements of said office, upon the payment by such parties at

the rate of 10 cents per hundred words, and $1 for copies of maps

or plats, and the additional sum of 25 cents for the Commissioner's

certificate of verification, with the seal of said office; and one

of the employees of said office shall be designated by the

Commissioner as the receiving clerk, and the amounts so received

shall, under the direction of the Commissioner, be paid into the

Treasury of the United States; but fees shall not be demanded for

such authenticated copies as may be required by the officers of any

branch of the Government or by any Indian who shall satisfy the

Commissioner by satisfactory legal evidence that he or she is not

able, by reason of poverty, to pay such fees, nor for such

unverified copies as the Commissioner in his discretion may deem

proper to furnish.

-SOURCE-

(July 26, 1892, ch. 256, Sec. 4, 27 Stat. 273; Pub. L. 92-310,

title II, Sec. 229(b), June 6, 1972, 86 Stat. 208.)

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-310 struck out provisions which required the

receiving clerk to give a bond in the sum of $1,000.

-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. 8 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 8. Accounts for claims and disbursements

-STATUTE-

All accounts and vouchers for claims and disbursements connected

with Indian affairs shall be transmitted to the Commissioner for

administrative examination, and by him passed to the General

Accounting Office for settlement.

-SOURCE-

(R.S. Sec. 464; June 10, 1921, ch. 18, title III, Sec. 304, 42

Stat. 24.)

-COD-

CODIFICATION

R.S. Sec. 464 derived from act July 9, 1832, ch. 174, Sec. 3, 4

Stat. 564.

-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.

"General Accounting Office" substituted in text for "proper

accounting officer of the Department of the Treasury" pursuant to

act June 10, 1921, which transferred all powers and duties of the

Comptroller, six auditors, and certain other employees of the

Treasury to the General Accounting Office. See section 701 et seq.

of Title 31, Money and Finance.

-End-

-CITE-

25 USC Sec. 9 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 9. Regulations by President

-STATUTE-

The President may prescribe such regulations as he may think fit

for carrying into effect the various provisions of any act relating

to Indian affairs, and for the settlement of the accounts of Indian

affairs.

-SOURCE-

(R.S. Sec. 465.)

-COD-

CODIFICATION

R.S. Sec. 465 derived from act June 30, 1834, ch. 162, Sec. 17, 4

Stat. 738.

-End-

-CITE-

25 USC Sec. 10 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 10. Employee to sign letters

-STATUTE-

The Commissioner of Indian Affairs, with the approval of the

Secretary of the Interior, may designate an employee of the Indian

Office to sign letters of that office requiring the signature of

the commissioner or assistant commissioner, and all signatures of

such employee while acting under such designation shall have the

same force and effect as if made by said commissioner or assistant

commissioner.

-SOURCE-

(Mar. 3, 1909, ch. 263, 35 Stat. 783.)

-COD-

CODIFICATION

Section is from the Indian Department Appropriation Act, 1910.

-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. 11 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 11. Employee or employees to sign approval of tribal deeds

-STATUTE-

The Secretary of the Interior is authorized to designate an

employee or employees of the Department of the Interior to sign,

under the direction of the Secretary, in his name and for him, his

approval of tribal deeds to allottees, to purchasers of town lots,

to purchasers of unallotted lands, to persons, corporations, or

organizations for lands reserved to them under the law for their

use and benefit, and to any tribal deeds made and executed

according to law for any of the Five Civilized Tribes of Indians in

Oklahoma.

-SOURCE-

(Mar. 3, 1911, ch. 210, Sec. 17, 36 Stat. 1069.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 86 of this title.

-End-

-CITE-

25 USC Sec. 12 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 12. Agent to negotiate commutation of annuities

-STATUTE-

The Commissioner of Indian Affairs is authorized to send a

special Indian Agent, or other representative of his office, to

visit any Indian tribe for the purpose of negotiating and entering

into a written agreement with such tribe for the commutation of the

perpetual annuities due under treaty stipulations, to be subject to

the approval of Congress; and the Commissioner of Indian Affairs

shall transmit to Congress said agreements with such

recommendations as he may deem proper.

-SOURCE-

(Apr. 30, 1908, ch. 153, 35 Stat. 73.)

-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. 13 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 13. Expenditure of appropriations by Bureau

-STATUTE-

The Bureau of Indian Affairs, under the supervision of the

Secretary of the Interior, shall direct, supervise, and expend such

moneys as Congress may from time to time appropriate, for the

benefit, care, and assistance of the Indians throughout the United

States for the following purposes:

General support and civilization, including education.

For relief of distress and conservation of health.

For industrial assistance and advancement and general

administration of Indian property.

For extension, improvement, operation, and maintenance of

existing Indian irrigation systems and for development of water

supplies.

For the enlargement, extension, improvement, and repair of the

buildings and grounds of existing plants and projects.

For the employment of inspectors, supervisors, superintendents,

clerks, field matrons, farmers, physicians, Indian police, Indian

judges, and other employees.

For the suppression of traffic in intoxicating liquor and

deleterious drugs.

For the purchase of horse-drawn and motor-propelled

passenger-carrying vehicles for official use.

And for general and incidental expenses in connection with the

administration of Indian affairs.

Notwithstanding any other provision of this section or any other

law, postsecondary schools administered by the Secretary of the

Interior for Indians, and which meet the definition of an

"institution of higher education" under section 101 of the Higher

Education Act of 1965 [20 U.S.C. 1001], shall be eligible to

participate in and receive appropriated funds under any program

authorized by the Higher Education Act of 1965 [20 U.S.C. 1001 et

seq.] or any other applicable program for the benefit of

institutions of higher education, community colleges, or

postsecondary educational institutions.

-SOURCE-

(Nov. 2, 1921, ch. 115, 42 Stat. 208; Pub. L. 94-482, title IV,

Sec. 410, Oct. 12, 1976, 90 Stat. 2233; Pub. L. 105-244, title I,

Sec. 102(a)(8)(A), Oct. 7, 1998, 112 Stat. 1619.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in text, is Pub. L.

89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is

classified principally to chapter 28 (Sec. 1001 et seq.) of Title

20, Education. For complete classification of this Act to the Code,

see Short Title note set out under section 1001 of Title 20 and

Tables.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-244, which directed substitution of "101" for

"1201" in the last paragraph of "section 410 of the Act entitled

'An Act authorizing appropriations and expenditures for the

administration of Indian Affairs, and for other purposes', approved

November 2, 1921 (25 U.S.C. 13) (commonly known as the Snyder

Act)", was executed to last paragraph of this section, which is the

act of Nov. 2, 1921, ch. 115, commonly known as the Snyder Act, to

reflect the probable intent of Congress. This section was amended

by section 410 of Pub. L. 94-482 to add the last paragraph.

1976 - Pub. L. 94-482 inserted provisions relating to

postsecondary schools administered by the Secretary of the Interior

for Indians.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-482 effective 30 days after Oct. 12,

1976, except either as specifically otherwise provided or, if not

so specifically otherwise provided, effective July 1, 1976, for

those amendments providing for authorization of appropriations, see

section 532 of Pub. L. 94-482, set out as a note under section 1001

of Title 20, Education.

SHORT TITLE

Act Nov. 2, 1921, which enacted this section, is popularly known

as the "Snyder Act".

-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.

-MISC2-

AVAILABILITY OF HOUSING IMPROVEMENT PROGRAM GRANT REPAYMENTS FOR

PROGRAM OBLIGATIONS

Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 714, provided:

"That hereafter, notwithstanding any other provision of law,

amounts collected from grantees by the Secretary as grant

repayments required under the Secretary's regulations for the

Housing Improvement Program shall be credited in the year collected

and shall be available for obligation under the terms and

conditions applicable to the Program under that year's

appropriation".

ALTERNATIVE METHODS FOR EQUITABLE DISTRIBUTION OF SUPPLEMENTAL

PROGRAM FUNDS; DEVELOPMENT, PUBLICATION, ETC., OF FORMULA

Pub. L. 95-561, title XI, Sec. 1102, Nov. 1, 1978, 92 Stat. 2316,

provided that:

"(a) The Secretary of the Interior shall develop alternative

methods for the equitable distribution of any supplement program

funds provided, pursuant to an appropriation under the Act of

November 2, 1921, commonly referred to as the Snyder Act [this

section], for contracting under the Act of April 16, 1934, commonly

referred to as the Johnson-O'Malley Act [sections 452 to 457 of

this title], and shall publish in the Federal Register by March 1,

1979, such alternatives for the purpose of allowing eligible tribes

to comment by May 1, 1979. At that time, the Secretary shall

conduct a field survey listing all alternative formula.

"(b) By July 1, 1979, the Secretary shall establish and publish

the formula in the Federal Register which the majority of such

tribes determine, but vote certified to the Secretary, to be most

equitable and shall use such formula for purposes of distribution

of the funds appropriated pursuant to such Act beginning on or

after October 1, 1979. The Secretary shall, in accordance with

procedures consistent with that prescribed herein, revise such

formula periodically as necessary".

PAYMENTS FOR BASIC EDUCATIONAL SUPPORT GRANTS OR CONTRACTS;

AUTHORIZATION; TIME

Pub. L. 95-561, title XI, Sec. 1103(a), Nov. 1, 1978, 92 Stat.

2316, as amended by Pub. L. 96-46, Sec. 2(b)(1), Aug. 6, 1979, 93

Stat. 341, provided that payments for basic educational support

grants or contracts for fiscal year 1978, including any fiscal year

1978 funds subsequently obligated in fiscal year 1979, were to be

made under the authority of act Apr. 16, 1934, and set forth

conditions, time, etc., for payments.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13-1, 13a, 155b, 458cc,

458aaa-4, 861c, 903a, 1300i-1, 1616, 1616l, 1621, 1621a, 1621h,

1631, 1652, 1653, 1654, 1661, 1665c, 1809, 1813, 1912, 1933, 2306,

2808, 3303, 3322 of this title; title 20 section 2327; title 42

section 1382.

-End-

-CITE-

25 USC Sec. 13-1 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 13-1. Authorization of appropriations for funds for basic

educational support through parent committees

-STATUTE-

Such sums as are needed under section 13 of this title are

authorized to be appropriated to provide funds for basic

educational support through parent committees under the Act of

April 16, 1934 [25 U.S.C. 452 et seq.], to those public schools

educating Indian students and whose total sum of Federal, State,

and local funds is insufficient to bring the education of the

enrolled Indian students to a level equal to the level of education

provided non-Indian students in the public schools in which they

are enrolled where the absence of such support would result in the

closing of schools or the reduction in quality of the education

program afforded Indian students attending public schools.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1103(b), Nov. 1, 1978, 92 Stat.

2316.)

-REFTEXT-

REFERENCES IN TEXT

Act of April 16, 1934, referred to in text, is act Apr. 16, 1934,

ch. 147, 48 Stat. 596, as amended, popularly known as the

Johnson-O'Malley Act, which is classified generally to section 452

et seq. of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 452 of this

title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1978, see section 1530(a) of Pub. L.

95-561, set out as an Effective Date of 1978 Amendment note under

section 1221e-3 of Title 20, Education.

-End-

-CITE-

25 USC Sec. 13a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 13a. Carryover funding

-STATUTE-

Notwithstanding any other provision of law, any funds

appropriated pursuant to section 13 of this title, for any fiscal

year which are not obligated or expended prior to the beginning of

the fiscal year succeeding the fiscal year for which such funds

were appropriated shall remain available for obligation or

expenditures during such succeeding fiscal year. In the case of

amounts made available to a tribal organization under a

self-determination contract, if the funds are to be expended in the

succeeding fiscal year for the purpose for which they were

originally appropriated, contracted or granted, or for which they

are authorized to be used pursuant to the provisions of section

450j-1(a)(3) (!1) of this title, no additional justification or

documentation of such purposes need be provided by the tribal

organization to the Secretary as a condition of receiving or

expending such funds.

-SOURCE-

(Pub. L. 93-638, Sec. 8, Jan. 4, 1975, 88 Stat. 2206; Pub. L.

100-472, title I, Sec. 105, Oct. 5, 1988, 102 Stat. 2287.)

-REFTEXT-

REFERENCES IN TEXT

Section 450j-1(a)(3) of this title, referred to in text, was

repealed and a new subsec. (a)(3) of section 450j-1 was added by

Pub. L. 103-413, title I, Sec. 102(14)(C), Oct. 25, 1994, 108 Stat.

4257. See section 450j-1(a)(4) of this title.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-472 amended section generally. Prior to

amendment, section read as follows: "The provisions of any other

laws to the contrary notwithstanding, any funds appropriated

pursuant to section 13 of this title, for any fiscal year which are

not obligated and expended prior to the beginning of the fiscal

year succeeding the fiscal year for which such funds were

appropriated shall remain available for obligation and expenditure

during such succeeding fiscal year."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450c, 450j-1 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

25 USC Sec. 13b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 13b. Payment of care, tuition, assistance, and other expenses

of Indians in boarding homes, institutions, and schools; payment

of rewards

-STATUTE-

On and after October 12, 1984, funds appropriated under this or

any other Act for the Bureau of Indian Affairs may be used for the

payment in advance or from date or admission of care, tuition,

assistance, and other expenses of Indians in boarding homes,

institutions, or schools; and the payment of rewards for

information or evidence concerning violations of law on Indian

reservation lands or treaty fishing rights use areas.

-SOURCE-

(Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12,

1984, 98 Stat. 1837, 1848.)

-End-

-CITE-

25 USC Sec. 13c 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 13c. Source of funds to pay cost of lunches for nonboarding

public school students

-STATUTE-

On and after October 12, 1984, any cost of providing lunches to

nonboarding students in public schools from funds appropriated

under this or any other Act for the Bureau of Indian Affairs shall

be paid from the amount of such funds otherwise allocated for the

schools involved without regard to the cost of providing lunches

for such students.

-SOURCE-

(Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12,

1984, 98 Stat. 1837, 1848.)

-End-

-CITE-

25 USC Sec. 13d 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 13d. Limits on use of appropriated funds by Bureau for general

or other welfare assistance

-STATUTE-

After September 30, 1985, no part of any appropriation (except

trust funds) to the Bureau of Indian Affairs may be used directly

or by contract for general or other welfare assistance (except

child welfare assistance) payments (1) for other than essential

needs (specifically identified in regulations of the Secretary or

in regulations of the State public welfare agency pursuant to the

Social Security Act [42 U.S.C. 301 et seq.] adopted by reference in

the Secretary's regulations) which could not be reasonably expected

to be met from financial resources or income (including funds held

in trust) available to the recipient individual which are not

exempted under law from consideration in determining eligibility

for or the amount of Federal financial assistance or (2) for

individuals who are eligible for general public welfare assistance

available from a State except to the extent the Secretary of the

Interior determines that such payments are required under sections

6(b)(2), 6(i), and 9(b) of the Maine Indian Claims Settlement Act

of 1980 (94 Stat. 1793, 1794, 1796; 25 U.S.C. 1725(b)(2), 1725(i),

1728(b)).

-SOURCE-

(Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12,

1984, 98 Stat. 1837, 1848.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in text, is act Aug. 14,

1935, ch. 531, 49 Stat. 620, as amended, which is classified

generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see section 1305 of Title 42 and Tables.

-End-

-CITE-

25 USC Sec. 13d-1 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 13d-1. Standards of need as basis for general assistance

payments by Bureau of Indian Affairs; ratable reductions

-STATUTE-

General assistance payments made by the Bureau of Indian Affairs

shall be made -

(1) after April 29, 1985, and before October 1, 1995, on the

basis of Aid to Families with Dependent Children (AFDC) standards

of need; and

(2) on and after October 1, 1995, on the basis of standards of

need established under the State program funded under part A of

title IV of the Social Security Act [42 U.S.C. 601 et seq.],

except that where a State ratably reduces its AFDC or State program

payments, the Bureau shall reduce general assistance payments in

such State by the same percentage as the State has reduced the AFDC

or State program payment.

-SOURCE-

(Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 338;

Pub. L. 104-193, title I, Sec. 110(k), Aug. 22, 1996, 110 Stat.

2172.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in par. (2), is act Aug. 14,

1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the

Act is classified generally to part A (Sec. 601 et seq.) of

subchapter IV of chapter 7 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-193, Sec. 110(k), which directed the general

amendment of the "4th proviso of chapter VII of title I of Public

Law 99-88 (25 U.S.C. 13d-1)", was executed by amending this

section, which is the 4th proviso under heading "Bureau of Indian

Affairs" of chapter VII of title I of Pub. L. 99-88, to reflect the

probable intent of Congress. Prior to amendment, this section read

as follows: "General assistance payments made by the Bureau of

Indian Affairs after April 29, 1985, shall be made on the basis of

Aid to Families with Dependent Children (AFDC) standards of need

except where a State ratably reduces AFDC payments in which event

the Bureau shall reduce general assistance payments in such State

by the same percentage as the State has reduced the AFDC payment."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective July 1, 1997, with

transition rules relating to State options to accelerate such date,

rules relating to claims, actions, and proceedings commenced before

such date, rules relating to closing out of accounts for terminated

or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions relating to

termination of entitlement under AFDC program, see section 116 of

Pub. L. 104-193, as amended, set out as an Effective Date note

under section 601 of Title 42, The Public Health and Welfare.

MAXIMUM ALLOWABLE PAYMENTS

Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 732, provided in

part: "That the levels established for general assistance by Public

Law 99-88 (99 Stat. 388) [probably means Pub. L. 99-88, 99 Stat.

338, which enacted this section], are the maximum allowable

payments."

-End-

-CITE-

25 USC Sec. 13d-2 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 13d-2. Enrollment and general assistance payments

-STATUTE-

(a) In general

The Secretary of the Interior shall not disqualify from continued

receipt of general assistance payments from the Bureau of Indian

Affairs an otherwise eligible Indian for whom the Bureau is making

or may make general assistance payments (or exclude such an

individual from continued consideration in determining the amount

of general assistance payments for a household) because the

individual is enrolled (and is making satisfactory progress toward

completion of a program or training that can reasonably be expected

to lead to gainful employment) for at least half-time study or

training in -

(1) a college assisted by the Bureau under the Tribally

Controlled College or University Assistance Act of 1978 (92 Stat.

1325; 25 U.S.C. 1801) or the Navajo Community College Act (85

Stat. 645; 25 U.S.C. 640a);

(2) an institution of higher education or a vocational school

(as defined for purposes of any program of assistance to students

under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]);

(3) a course the Secretary determines will lead to a high

school diploma or an equivalent certificate; or

(4) other programs or training approved by the Secretary or by

tribal education, employment or training programs.

(b) Factors not to be considered

In determining the amount of general assistance provided by the

Bureau of Indian Affairs, the Secretary of the Interior shall not

include consideration of -

(1) additional expenses in connection with the study or

training described in subsection (a) of this section, and

(2) the amount of any financial assistance received by the

individual as a student or trainee.

(c) No effect on other eligibility requirements

This section does not alter any eligibility requirement for

general assistance from the Bureau of Indian Affairs other than the

requirement to be available for employment and to seek employment.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5404, Apr. 28, 1988, 102 Stat. 416;

Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat.

1828; Pub. L. 107-110, title X, Sec. 1045, Jan. 8, 2002, 115 Stat.

2080.)

-REFTEXT-

REFERENCES IN TEXT

The Tribally Controlled College or University Assistance Act of

1978, referred to in subsec. (a)(1), is Pub. L. 95-471, Oct. 17,

1978, 92 Stat. 1325, as amended, which is classified principally to

chapter 20 (Sec. 1801 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of this title and Tables.

The Navajo Community College Act, referred to in subsec. (a)(1),

is Pub. L. 92-189, Dec. 15, 1971, 85 Stat. 646, as amended, which

is classified to section 640a et seq. of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 640a of this title and Tables.

The Higher Education Act of 1965, referred to in subsec. (a)(2),

is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which

is classified principally to chapter 28 (Sec. 1001 et seq.) of

Title 20, Education. For complete classification of this Act to the

Code, see Short Title note set out under section 1001 of Title 20

and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-110, Sec. 1045(1), added subsec.

heading and introductory provisions and struck out former subsec.

heading and introductory provisions. Former introductory provisions

read as follows: "The Secretary of the Interior shall not

disqualify from continued receipt of general assistance payments

from the Bureau of Indian Affairs an otherwise eligible Indian for

whom the Bureau has been making general assistance payments for at

least 3 months (or exclude such an individual from continued

consideration in determining the amount of general assistance

payments for a household) because the individual is enrolled (and

is making satisfactory progress toward completion of a program or

training that can reasonably be expected to lead to gainful

employment) for at least half-time study or training in - ".

Subsec. (a)(4). Pub. L. 107-110, Sec. 1045(2), added par. (4) and

struck out former par. (4) which read as follows: "other programs

or training approved by the Secretary."

1998 - Subsec. (a)(1). Pub. L. 105-244 substituted "Tribally

Controlled College or University Assistance Act of 1978" for

"Tribally Controlled Community College Assistance Act of 1978".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE

For effective date and applicability of section, see section 6303

of Pub. L. 100-297, set out as an Effective Date of 1988 Amendment

note under section 1071 of Title 20, Education.

-End-

-CITE-

25 USC Sec. 13d-3 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 13d-3. Tribal authority to change eligibility for, or amount

of, general assistance payments

-STATUTE-

On and after October 21, 1998, notwithstanding any other

provision of law, Indian tribal governments may, by appropriate

changes in eligibility criteria or by other means, change

eligibility for general assistance or change the amount of general

assistance payments for individuals within the service area of such

tribe who are otherwise deemed eligible for general assistance

payments so long as such changes are applied in a consistent manner

to individuals similarly situated and, that any savings realized by

such changes shall be available for use in meeting other priorities

of the tribes and, that any net increase in costs to the Federal

Government which result solely from tribally increased payment

levels for general assistance shall be met exclusively from funds

available to the tribe from within its tribal priority allocation.

-SOURCE-

(Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112

Stat. 2681-231, 2681-246.)

-MISC1-

SIMILAR PROVISIONS

Similar provisions were contained in the following prior

appropriations acts:

Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1555.

Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.

30, 1996, 110 Stat. 3009-181, 3009-193.

Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,

110 Stat. 1321-156, 1321-170; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2512.

Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1392.

Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1389.

-End-

-CITE-

25 USC Sec. 13e 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 13e. Expenses of exhibits; advance payments for services;

termination of Federal supervision; treaty expenses

-STATUTE-

On and after October 12, 1984, such appropriations

[appropriations for the Bureau of Indian Affairs (except the

revolving fund for loans and the Indian loan guarantee and

insurance fund)] under this or any other act shall be available

for: the expenses of exhibits; advance payments for services

(including services which may extend beyond the current fiscal

year) under contracts executed pursuant to the Act of June 4, 1936

(48 Stat. 596), as amended (25 U.S.C. 452 et seq.), the Act of

August 3, 1956 (70 Stat. 896), as amended (25 U.S.C. 309 et seq.),

and legislation terminating Federal supervision over certain

tribes; and expenses required by continuing or permanent treaty

provision.

-SOURCE-

(Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12,

1984, 98 Stat. 1837, 1850.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 4, 1936, referred to in text, probably means act Apr.

16, 1934, ch. 147, 48 Stat. 596, as amended generally by act June

4, 1936, ch. 490, 49 Stat. 1458, known as the Johnson-O'Malley Act,

which is classified generally to sections 452 to 457 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 452 of this title and Tables.

Act of August 3, 1956, referred to in text, probably means act

Aug. 3, 1956, ch. 930, 70 Stat. 986, which is classified generally

to section 309 et seq. of this title. For complete classification

of this Act to the Code, see Tables.

-End-

-CITE-

25 USC Sec. 13f 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 13f. Tribal priority allocations in Alaska

-STATUTE-

(a) Notwithstanding any other provision of law, with respect to

amounts made available for tribal priority allocations in Alaska,

such amounts on and after October 11, 2000, shall only be provided

to tribes the membership of which on June 1 of the preceding fiscal

year is composed of at least 25 individuals who are Natives (as

such term is defined in section 1602(b) of title 43) who reside in

the area generally known as the village for such tribe.

(b) Amounts that would have been made available for tribal

priority allocations in Alaska but for the limitation contained in

subsection (a) of this section shall be provided to the respective

Alaska Native regional nonprofit corporation (as listed in section

103(a)(2) of Public Law 104-193,(!1) 110 Stat. 2159) for the

respective region in which a tribe subject to subsection (a) of

this section is located, notwithstanding any resolution authorized

under federal (!2) law to the contrary.

-SOURCE-

(Pub. L. 106-291, title I, Sec. 122, Oct. 11, 2000, 114 Stat. 944;

Pub. L. 107-20, title II, Sec. 2608, July 24, 2001, 115 Stat. 178.)

-REFTEXT-

REFERENCES IN TEXT

Section 103(a)(2) of Public Law 104-193, 110 Stat. 2159, referred

to in subsec. (b), enacted section 419 of act Aug. 14, 1935, ch.

531, which is classified to section 619 of Title 42, The Public

Health and Welfare, and contains a listing of Alaska Native

regional nonprofit corporations.

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-20 inserted "on and after October

11, 2000," after "such amounts" and substituted "June 1 of the

preceding fiscal year" for "June 1, 2000".

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be capitalized.

-End-

-CITE-

25 USC Sec. 14 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 14. Money accruing to Indians from Department of Veterans

Affairs or other governmental agencies

-STATUTE-

Any money accruing from the Department of Veterans Affairs or

other governmental agency to incompetent adult Indians, or minor

Indians, who are recognized wards of the Federal Government, for

whom no legal guardians or other fiduciaries have been appointed

may be paid, in the discretion of the Secretary of Veterans

Affairs, or other head of a governmental bureau or agency, having

such funds for payment, to such superintendent or other bonded

officer of the Indian Service as the Secretary of the Interior

shall designate, for the use of such beneficiaries, or to be paid

to or used for, the heirs of such deceased beneficiaries, to be

handled and accounted for by him with other moneys under his

control, in accordance with existing law and the regulations of the

Department of the Interior.

-SOURCE-

(Feb. 25, 1933, ch. 124, 47 Stat. 907; Pub. L. 102-54, Sec.

13(j)(1), June 13, 1991, 105 Stat. 276.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-54 substituted "Department of Veterans

Affairs" for "Veterans' Administration" and "Secretary of Veterans

Affairs" for "Administrator of Veterans' Affairs".

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 1983.

-End-

-CITE-

25 USC Sec. 14a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 14a. Deposit of grant funds received by Bureau from other

Federal agencies

-STATUTE-

On and after October 12, 1984, moneys received by grant to the

Bureau of Indian Affairs from other Federal agencies to carry out

various programs for elementary and secondary education,

handicapped programs, bilingual education, and other specific

programs shall be deposited into the appropriation account

available for the operation of Bureau schools during the period

covered by the grant and shall remain available as otherwise

provided by law.

-SOURCE-

(Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12,

1984, 98 Stat. 1837, 1848.)

-End-

-CITE-

25 USC Sec. 14b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 14b. Disposition of funds received from public for goods and

services provided by Bureau of Indian Affairs

-STATUTE-

The Secretary of the Interior is authorized to retain collections

from the public in payment for goods and services provided by the

Bureau of Indian Affairs. Such collections shall be credited to the

appropriation account against which obligations were incurred in

providing such goods and services.

-SOURCE-

(Pub. L. 101-301, Sec. 10, May 24, 1990, 104 Stat. 211.)

-End-

-CITE-

25 USC Sec. 15 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 15. Utility facilities used in administration of Bureau;

contracts for sale, operation, maintenance, repair or relocation

of facilities; terms and conditions; exception; Congressional

approval

-STATUTE-

Except for electric utility systems constructed and operated as a

part of an irrigation system, the Secretary of the Interior is

authorized to contract under such terms and conditions as he

considers to be in the best interest of the Federal Government for

the sale, operation, maintenance, repairs, or relocation of

Government-owned utilities and utility systems and appurtenances

used in the administration of the Bureau of Indian Affairs. The

Secretary shall not execute a contract pursuant to this section

until he has submitted to the Committee on Energy and Natural

Resources of the Senate and the Committee on Natural Resources of

the House of Representatives a copy of the contract and a statement

of his reasons for proposing the contract, and until such materials

have lain before the Committees for sixty days (excluding the time

during which either House is in recess for more than three days)

unless prior thereto the Secretary is notified that neither

committee has any objection to the proposed contract.

-SOURCE-

(Pub. L. 87-279, Sept. 22, 1961, 75 Stat. 577; Pub. L. 103-437,

Sec. 10(a), Nov. 2, 1994, 108 Stat. 4588.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Committee on Energy and

Natural Resources of the Senate and the Committee on Natural

Resources of the House of Representatives" for "Committees on

Interior and Insular Affairs of the Senate and the House of

Representatives".

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

25 USC Sec. 16 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 16. Transportation of Indians in Bureau vehicles

-STATUTE-

On and after October 12, 1984, passenger carrying motor vehicles

of the Bureau of Indian Affairs may be used for the transportation

of Indians.

-SOURCE-

(Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12,

1984, 98 Stat. 1837, 1850.)

-End-

-CITE-

25 USC Sec. 17 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 1 - BUREAU OF INDIAN AFFAIRS

-HEAD-

Sec. 17. Use of Bureau facilities

-STATUTE-

(a) In general

The Secretary of the Interior may permit tribal governments and

organizations and student organizations to use Bureau of Indian

Affairs equipment, land, buildings, and other structures if such

use does not interfere with the purpose for which they are

administered by the Bureau and when such use benefits Indians or

Federal or federally funded programs. The Secretary may charge the

user for the cost of the utilities and other expenses incurred for

the use. The amounts collected shall be credited to the

appropriation or fund from which the expenses are paid and shall be

available until the end of the fiscal year following the fiscal

year in which collected. The Secretary's decision to not permit a

use under this section is final and shall not be subject to

judicial review.

(b) Scope of authority

The authority provided by this section is in addition to, and not

in derogation of, any other authority available to the Secretary of

the Interior.

(c) Limitation of liability

The payment of any fee, or agreement to pay costs, to the

Secretary shall not in any way or to any extent limit the right of

the United States to rely upon sovereign immunity or any State or

Federal statute limiting liability or damages from injuries

sustained in connection with use under this section.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5405, Apr. 28, 1988, 102 Stat. 417;

Pub. L. 100-427, Sec. 25, Sept. 9, 1988, 102 Stat. 1613.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-427, Sec. 25(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"The Secretary of the Interior may permit tribal, student, and

other non-Federal organizations to use facilities, lands, and

equipment administered by the Bureau of Indian Affairs if such use

does not interfere with the purpose for which the facilities, land,

and equipment are administered by the Bureau. The Secretary of the

Interior may charge the user for the actual or estimated additional

cost of utilities or other expenses incurred because of the use and

the amounts collected shall be credited to the appropriation or

fund from which the expenses are paid."

Subsec. (c). Pub. L. 100-427, Sec. 25(b), added subsec. (c).

EFFECTIVE DATE

For effective date and applicability of section, see section 6303

of Pub. L. 100-297, set out as an Effective Date of 1988 Amendment

note under section 1071 of Title 20, Education.

-End-