US (United States) Code. Title 25. Chapter 2: Officers of indian affairs

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

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publicidad

-CITE-

25 USC CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-MISC1-

Sec.

21 to 24. Repealed or Omitted.

25. Superintendent for Five Civilized Tribes.

25a. Application of civil service laws.

26 to 32. Repealed or Omitted.

33. Superintendents in charge of reservations;

administration of oath of office.

34, 35. Repealed.

36. Special agents and other officers to administer oaths.

37 to 39. Repealed.

40. Limits of superintendencies, agencies, and

subagencies.

41. Special agents and commissioners.

41a. Indian inspectors.

42. Repealed.

43. Persons paid for other services not paid for

interpreting.

44. Employment of Indians.

45. Preference to Indians qualified for duties.

46. Preference to Indians in employment of clerical,

mechanical, and other help.

47. Employment of Indian labor and purchase of products of

Indian industry; participation in Mentor-Protege

Program.

47a. Security required by Secretary; contracts with

Indian-owned economic enterprise; public work.

48. Right of tribes to direct employment of persons

engaged for them.

49 to 52a. Repealed.

53. Disbursing officers; acting clerks.

54, 55. Repealed.

56. Quarters, fuel, and light for employees.

57. Omitted.

58. Limitation on number and kind of employment.

59. Transfer of funds for payment of employees; details

for other service.

60. Compensation prescribed to be in full.

61. Estimates for personal services in Indian Office.

62. Discontinuance and transfer of agencies.

63. Consolidation of agencies.

64. Services of agents dispensed with.

65. Discontinuance of agents, subagents, and interpreters.

66. Duties of agency devolved on superintendent of Indian

school.

67 to 68a. Repealed.

-End-

-CITE-

25 USC Secs. 21, 22 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Secs. 21, 22. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966,

80 Stat. 632, 642

-MISC1-

Section 21, R.S. Sec. 2039, related to the Board of Indian

Commissioners.

Section 22, act Aug. 24, 1912, ch. 388, Sec. 1, 37 Stat. 521,

authorized the Board of Indian Commissioners to employ and pay a

secretary.

-End-

-CITE-

25 USC Secs. 23, 24 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Secs. 23, 24. Omitted

-COD-

CODIFICATION

Section 23, act May 17, 1882, ch. 163, Sec. 1, 22 Stat. 70,

related to the powers and duties of the Board of Indian

Commissioners, and was omitted as superseded by Ex. Ord. No. 6145

of May 25, 1933, which abolished the Board and transferred its

records, property, and personnel to the supervision of the

Secretary of the Interior.

Section 24, R.S. Sec. 2042, related to the investigations by a

member of the Board of Indian Commissioners, and was omitted as

superseded by Ex. Ord. No. 6145 of May 25, 1933.

-End-

-CITE-

25 USC Sec. 25 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 25. Superintendent for Five Civilized Tribes

-STATUTE-

The offices of the Commissioner of the Five Civilized Tribes and

superintendent of Union Agency, in Oklahoma, are abolished as of

September 1, 1914, and in lieu thereof there shall be appointed by

the President, by and with the advice and consent of the Senate, a

Superintendent for the Five Civilized Tribes, with his office

located in the State of Oklahoma, at a salary of $5,000 per annum,

and said superintendent shall exercise the authority and perform

the duties exercised prior to September 1, 1914, by the

Commissioner to the Five Civilized Tribes and the superintendent of

the Union Agency, with authority to reorganize the department and

to eliminate all unnecessary clerks, subject to the approval of the

Secretary of the Interior.

-SOURCE-

(Aug. 1, 1914, ch. 222, Sec. 17, 38 Stat. 598.)

-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. 25a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 25a. Application of civil service laws

-STATUTE-

The position of Superintendent of the Five Civilized Tribes is

included within the competitive classified civil service and shall

be subject to civil service laws and rules.

-SOURCE-

(Mar. 4, 1929, ch. 705, 45 Stat. 1583.)

-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.

-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. 26 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 26. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 632

-MISC1-

Section, R.S. Sec. 2052, provided for appointment of Indian

Agents by the President.

-End-

-CITE-

25 USC Sec. 27 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 27. Omitted

-COD-

CODIFICATION

Section, R.S. 2062; acts July 13, 1892, ch. 164, Sec. 1, 27 Stat.

120; July 1, 1898, ch. 545, Sec. 1, 30 Stat. 573, authorized the

President to require that military officers perform the duties of

Indian agents. The services of Indian agents have been dispensed

with since 1908. See section 64 of this title and notes thereunder.

-End-

-CITE-

25 USC Secs. 28 to 31 01/06/03

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TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Secs. 28 to 31. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966,

80 Stat. 632, 634

-MISC1-

Section 28, R.S. Sec. 2056; act May 17, 1882, ch. 163, Sec. 1, 22

Stat. 87, fixed term of office for Indian Agents.

Section 29, R.S. Sec. 2057, provided for a bond by Indian Agents.

Section 30, R.S. Sec. 2060, prescribed limits of residence of

Indian Agents.

Section 31, R.S. Sec. 2058, related to duties of Indian Agents.

-End-

-CITE-

25 USC Sec. 32 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 32. Omitted

-COD-

CODIFICATION

Section, act July 1, 1898, ch. 545, Sec. 1, 30 Stat. 595,

required Indian agents to account for funds received and to be

responsible for such funds under their official bonds. The services

of Indian agents have been dispensed with since 1908. See section

64 of this title and note set out thereunder.

-End-

-CITE-

25 USC Sec. 33 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 33. Superintendents in charge of reservations; administration

of oath of office

-STATUTE-

Superintendents and acting superintendents in charge of Indian

reservations, schools, irrigation and allotment projects are

authorized and empowered to administer the oath of office required

of employees placed under their jurisdiction.

-SOURCE-

(June 30, 1913, ch. 4, Sec. 1, 38 Stat. 80.)

-COD-

CODIFICATION

Section is from the Indian Appropriation Act, 1914.

-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 Secs. 34, 35 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Secs. 34, 35. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966,

80 Stat. 632, 642, 650

-MISC1-

Section 34, acts Aug. 24, 1912, ch. 355, Sec. 8, 37 Stat. 487;

June 6, 1939, ch. 185, 53 Stat. 810, authorized the superintendent,

acting superintendent, and principal clerks of the different Indian

superintendencies or Indian agencies to administer oaths to expense

accounts.

Section 35, R.S. Sec. 2064, authorized Indian Agents to take

acknowledgements of deeds and to administer oaths.

-End-

-CITE-

25 USC Sec. 36 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 36. Special agents and other officers to administer oaths

-STATUTE-

Each special agent, supervisor of schools, or other official

charged with the investigation of Indian agencies and schools, in

the pursuit of his official duties shall have power to administer

oaths and to examine on oath all officers and persons employed in

the Indian Service, and all such other persons as may be deemed

necessary and proper.

-SOURCE-

(Mar. 1, 1899, ch. 324, Sec. 1, 30 Stat. 927.)

-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. 37 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 37. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 633, 641

-MISC1-

Section, acts Mar. 3, 1875, ch. 132, Sec. 10, 18 Stat. 450; Mar.

3, 1909, ch. 263, 35 Stat. 784, related to keeping of books by

Indian agents and penalties for the falsification thereof.

-End-

-CITE-

25 USC Sec. 38 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 38. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028

-MISC1-

Section, R.S. Sec. 2061, related to visits to Washington, D.C.,

by agents in California.

-End-

-CITE-

25 USC Sec. 39 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 39. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 632

-MISC1-

Section, R.S. Sec. 2063, related to compensation for extra

services rendered by Indian Agents.

-End-

-CITE-

25 USC Sec. 40 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 40. Limits of superintendencies, agencies, and subagencies

-STATUTE-

The limits of each superintendency, agency, and subagency shall

be established by the Secretary of the Interior, either by tribes

or geographical boundaries.

-SOURCE-

(R.S. Sec. 2066.)

-COD-

CODIFICATION

R.S. Sec. 2066 derived from acts June 30, 1834, ch. 162, Sec. 7,

4 Stat. 736; Mar. 3, 1847, ch. 66, Sec. 1, 9 Stat. 203.

-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. 41 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 41. Special agents and commissioners

-STATUTE-

All special agents and commissioners not appointed by the

President shall be appointed by the Secretary of the Interior.

-SOURCE-

(R.S. Sec. 2067.)

-COD-

CODIFICATION

R.S. Sec. 2067 derived from act Mar. 3, 1863, ch. 99, Sec. 1, 12

Stat. 792.

-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. 41a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 41a. Indian inspectors

-STATUTE-

Indian inspectors shall on and after March 4, 1909 be termed

inspectors, and shall be included in the classified service.

-SOURCE-

(Mar. 4, 1909, ch. 297, Sec. 1, 35 Stat. 888.)

-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. 42 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 42. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 632

-MISC1-

Section, R.S. Sec. 2068, provided for interpreters for Indian

agencies under Department of the Interior.

-End-

-CITE-

25 USC Sec. 43 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 43. Persons paid for other services not paid for interpreting

-STATUTE-

No person employed by the United States and paid for any other

service shall be paid for interpreting.

-SOURCE-

(Apr. 4, 1910, ch. 140, Sec. 2, 36 Stat. 272.)

-End-

-CITE-

25 USC Sec. 44 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 44. Employment of Indians

-STATUTE-

In the Indian Service Indians shall be employed as herders,

teamsters, and laborers, and where practicable in all other

employments in connection with the agencies and the Indian Service.

And it shall be the duty of the Secretary of the Interior and the

Commissioner of Indian Affairs to enforce this provision.

-SOURCE-

(Aug. 15, 1894, ch. 290, Sec. 10, 28 Stat. 313.)

-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. 45 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 45. Preference to Indians qualified for duties

-STATUTE-

In all cases of the appointments of interpreters or other persons

employed for the benefit of the Indians, a preference shall be

given to persons of Indian descent, if such can be found, who are

properly qualified for the execution of the duties.

-SOURCE-

(R.S. Sec. 2069.)

-COD-

CODIFICATION

R.S. Sec. 2069 derived from act June 30, 1834, ch. 162, Sec. 9, 4

Stat. 737.

-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 20 section 3423c.

-End-

-CITE-

25 USC Sec. 46 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 46. Preference to Indians in employment of clerical,

mechanical, and other help

-STATUTE-

Preference shall at all times, as far as practicable, be given to

Indians in the employment of clerical, mechanical, and other help

on reservations and about agencies.

-SOURCE-

(May 17, 1882, ch. 163, Sec. 6, 22 Stat. 88; July 4, 1884, ch. 180,

Sec. 6, 23 Stat. 97.)

-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. 47 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 47. Employment of Indian labor and purchase of products of

Indian industry; participation in Mentor-Protege Program

-STATUTE-

So far as may be practicable Indian labor shall be employed, and

purchases of the products (including, but not limited to printing,

notwithstanding any other law) of Indian industry may be made in

open market in the discretion of the Secretary of the Interior.

Participation in the Mentor-Protege Program established under

section 831 of the National Defense Authorization Act for Fiscal

Year 1991 (10 U.S.C. 2301 note) or receipt of assistance pursuant

to any developmental assistance agreement authorized under such

program shall not render Indian labor or Indian industry ineligible

to receive any assistance authorized under this section. For the

purposes of this section -

(1) no determination of affiliation or control (either direct

or indirect) may be found between a protege firm and its mentor

firm on the basis that the mentor firm has agreed to furnish (or

has furnished) to its protege firm pursuant to a mentor-protege

agreement any form of developmental assistance described in

subsection (f) of section 831 of the National Defense

Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note); and

(2) the terms "protege firm" and "mentor firm" have the meaning

given such terms in subsection (c) of such section 831.

-SOURCE-

(June 25, 1910, ch. 431, Sec. 23, 36 Stat. 861; Pub. L. 100-581,

title II, Sec. 206, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 103-435,

Sec. 14, Nov. 2, 1994, 108 Stat. 4572.)

-REFTEXT-

REFERENCES IN TEXT

Section 831 of the National Defense Authorization Act for Fiscal

Year 1991, referred to in text, is section 831 of Pub. L. 101-510,

which is set out as a note under section 2302 of Title 10, Armed

Forces.

-COD-

CODIFICATION

Section is based on proviso of first sentence of section 23 of

act of June 25, 1910. Remainder of first sentence of section 23 was

classified to section 93 of this title prior to repeal by act Oct.

10, 1940, ch. 851, Sec. 4, 54 Stat. 1112.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Apr. 30, 1908, ch. 153, 35 Stat. 71, making appropriations for the

Indian Department.

AMENDMENTS

1994 - Pub. L. 103-435 inserted at end "Participation in the

Mentor-Protege Program established under section 831 of the

National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.

2301 note) or receipt of assistance pursuant to any developmental

assistance agreement authorized under such program shall not render

Indian labor or Indian industry ineligible to receive any

assistance authorized under this section. For the purposes of this

section -

"(1) no determination of affiliation or control (either direct

or indirect) may be found between a protege firm and its mentor

firm on the basis that the mentor firm has agreed to furnish (or

has furnished) to its protege firm pursuant to a mentor-protege

agreement any form of developmental assistance described in

subsection (f) of section 831 of the National Defense

Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note); and

"(2) the terms 'protege firm' and 'mentor firm' have the

meaning given such terms in subsection (c) of such section 831."

1988 - Pub. L. 100-581 inserted "(including, but not limited to

printing, notwithstanding any other law)" after "products".

-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 sections 47a, 353, 406, 564h, 697,

747, 1616a, 1633 of this title; title 23 section 204.

-End-

-CITE-

25 USC Sec. 47a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 47a. Security required by Secretary; contracts with

Indian-owned economic enterprise; public work

-STATUTE-

The Secretary, in his discretion, may require security other than

bonds required by sections 3131 and 3133 of title 40 when entering

into a contract with an Indian-owned economic enterprise pursuant

to the provisions of the Act of June 25, 1910 (25 U.S.C. 47), for

the construction, alteration, or repair of any public work of the

United States: Provided, That, the alternative form of security

provides the United States with adequate security for performance

and payment.

-SOURCE-

(Pub. L. 98-449, Sec. 11, Oct. 4, 1984, 98 Stat. 1726.)

-COD-

CODIFICATION

"Sections 3131 and 3133 of title 40" substituted in text for "the

Miller Act (40 U.S.C. 270a)" on authority of Pub. L. 107-217, Sec.

5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which

enacted Title 40, Public Buildings, Property, and Works.

-End-

-CITE-

25 USC Sec. 48 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 48. Right of tribes to direct employment of persons engaged

for them

-STATUTE-

Where any of the tribes are, in the opinion of the Secretary of

the Interior, competent to direct the employment of their

blacksmiths, mechanics, teachers, farmers, or other persons engaged

for them, the direction of such persons may be given to the proper

authority of the tribe.

-SOURCE-

(R.S. Sec. 2072.)

-COD-

CODIFICATION

R.S. Sec. 2072 derived from act June 30, 1834, ch. 162, Sec. 9, 4

Stat. 737.

-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 450i of this title.

-End-

-CITE-

25 USC Sec. 49 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 49. Repealed. June 30, 1932, ch. 317, 47 Stat. 421

-MISC1-

Section, act May 25, 1918, ch. 86, Sec. 1, 40 Stat. 565, related

to qualifications of farmers.

-End-

-CITE-

25 USC Sec. 50 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 50. Repealed. Pub. L. 88-448, title IV, Sec. 402(a)(2), Aug.

19, 1964, 78 Stat. 492

-MISC1-

Section, R.S. Sec. 2074, related to holding of two offices. See

section 5533 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF REPEAL

Repeal effective on first day of first month which begins later

than the 90th day following Aug. 19, 1964, see section 403 of Pub.

L. 88-448.

-End-

-CITE-

25 USC Secs. 51 to 52a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Secs. 51 to 52a. Repealed. Pub. L. 92-310, title II, Sec. 229(a),

(c)(2), (e), June 6, 1972, 86 Stat. 208

-MISC1-

Section 51, R.S. Sec. 2075, empowered President to require

additional security from persons charged with disbursement of money

or goods.

Section 52, act Apr. 30, 1908, ch. 153, 35 Stat. 71, empowered

Secretary of the Interior to require new bonds from disbursing

officers.

Section 52a, act Apr. 21, 1904, ch. 1402, 33 Stat. 191, related

to special bonds for large per capita payments.

-End-

-CITE-

25 USC Sec. 53 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 53. Disbursing officers; acting clerks

-STATUTE-

Any disbursing agent of the Indian Service, with the approval of

the Commissioner of Indian Affairs, may authorize a clerk employed

in his office to act in his place and discharge all the duties

devolved upon him by law or regulations during such time as he may

be unable to perform the duties of his position because of absence,

physical disability, or other disqualifying circumstances:

Provided, That such clerk, while acting for his principal, shall be

subject to all the liabilities and penalties prescribed by law for

official misconduct of disbursing agents.

-SOURCE-

(Feb. 14, 1920, ch. 75, Sec. 1, 41 Stat. 414; Pub. L. 92-310, title

II, Sec. 229(f), June 6, 1972, 86 Stat. 209.)

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-310 struck out provisions which related to

official bond of disbursing agent.

-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.

Disbursement functions of all Government agencies, except

Departments of the Army, Navy, and Air Force and the Panama Canal,

transferred to Division of Disbursements, Department of the

Treasury, by Ex. Ord. No. 6166, Sec. 4, June 10, 1933, and Ex. Ord.

No. 6728, May 29, 1934. Division subsequently consolidated with

other agencies into Fiscal Service in Department of the Treasury by

Reorg. Plan No. III of 1940, Sec. 1(a)(1), eff. June 30, 1940, 5

F.R. 2107, 54 Stat. 1231. See section 306 of Title 31, Money and

Finance.

-End-

-CITE-

25 USC Secs. 54, 55 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Secs. 54, 55. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966,

80 Stat. 632, 634

-MISC1-

Section 54, R.S. Sec. 2077, related to traveling expenses.

Section 55, act May 17, 1882, ch. 163, Sec. 1, 22 Stat. 86,

related to expenses of clerks detailed on special duty.

-End-

-CITE-

25 USC Sec. 56 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 56. Quarters, fuel, and light for employees

-STATUTE-

The Secretary of the Interior, in his discretion, may allow

quarters, fuel, and light to employees of the Indian Service whose

compensation is not prescribed by law, the salaries of such

employees to be fixed on this basis and the cost of providing

quarters, fuel, and light to be paid from any funds which are

applicable and available therefor: Provided, That this

authorization shall be retroactive to the extent of approving any

expenditures for such purposes authorized by the Secretary of the

Interior prior to June 7, 1924.

-SOURCE-

(June 7, 1924, ch. 328, 43 Stat. 634.)

-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. 57 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 57. Omitted

-COD-

CODIFICATION

Section, act Mar. 3, 1925, ch. 462, 43 Stat. 1147, which

authorized the Secretary of the Interior to allow employees in the

Indian Service heat and light for quarters without charge, was not

repeated in subsequent appropriation acts.

-End-

-CITE-

25 USC Sec. 58 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 58. Limitation on number and kind of employment

-STATUTE-

The number and kind of employees at each agency shall be

prescribed by the Secretary of the Interior and none other shall be

employed.

-SOURCE-

(June 7, 1897, ch. 3, 30 Stat. 90.)

-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-

SALARY RESTRICTIONS

Act Apr. 18, 1912, ch. 83, Sec. 10, 37 Stat. 88, as amended by

act May 25, 1918, ch. 86, Sec. 17, 40 Stat. 578, excluded the Osage

Agency from the provisions of act June 7, 1897, limiting the amount

of money to be expended for salaries of regular employees at any

one agency.

Act Feb. 26, 1929, ch. 323, 45 Stat. 1307, which repealed a

provision of act Aug. 24, 1912, ch. 388, Sec. 1, 37 Stat. 521,

imposing a salary limitation of $15,000 at any one agency and

$20,000 at a consolidated agency, was itself repealed by Pub. L.

89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 647.

-End-

-CITE-

25 USC Sec. 59 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 59. Transfer of funds for payment of employees; details for

other service

-STATUTE-

When not required for the purpose for which appropriated, the

funds provided for the pay of specified employees at any Indian

agency may be used by the Secretary of the Interior for the pay of

other employees at such agency, but no deficiency shall be thereby

created; and, when necessary, specified employees may be detailed

for other service when not required for the duty for which they

were engaged.

-SOURCE-

(Mar. 1, 1907, ch. 2285, 34 Stat. 1016.)

-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. 60 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 60. Compensation prescribed to be in full

-STATUTE-

The several compensations prescribed by title 28 of the Revised

Statutes shall be in full of all emoluments or allowances

whatsoever. But where necessary, a reasonable allowance or

provision may be made for offices and office contingencies.

-SOURCE-

(R.S. Sec. 2076.)

-REFTEXT-

REFERENCES IN TEXT

Title 28 of the Revised Statutes, referred to in text, was in the

original "this title", meaning title 28 of the Revised Statutes,

consisting of R.S. Secs. 2039 to 2157. For complete classification

of R.S. Secs. 2039 to 2157 to the Code, see Tables.

-COD-

CODIFICATION

R.S. Sec. 2076 derived from act June 30, 1834, ch. 162, Sec. 10,

4 Stat. 737.

-End-

-CITE-

25 USC Sec. 61 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 61. Estimates for personal services in Indian Office

-STATUTE-

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.

-SOURCE-

(Aug. 23, 1912, ch. 350, Sec. 1, 37 Stat. 396.)

-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. 62 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 62. Discontinuance and transfer of agencies

-STATUTE-

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.

-SOURCE-

(R.S. Sec. 2059.)

-COD-

CODIFICATION

R.S. Sec. 2059 derived from act June 30, 1834, ch. 162, Sec. 4, 4

Stat. 735.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation to Secretary of the Interior of authority vested

in President by this section, see Ex. Ord. No. 10250, June 5, 1951,

16 F.R. 5385, set out as a note under section 301 of Title 3, The

President.

-End-

-CITE-

25 USC Sec. 63 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 63. Consolidation of agencies

-STATUTE-

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.

-SOURCE-

(May 17, 1882, ch. 163, Sec. 6, 22 Stat. 88; July 4, 1884, ch. 180,

Sec. 6, 23 Stat. 97.)

-TRANS-

DELEGATION OF FUNCTIONS

For delegation to Secretary of the Interior of authority vested

in President by this section, see Ex. Ord. No. 10250, June 5, 1951,

16 F.R. 5385, set out as a note under section 301 of Title 3, The

President.

-End-

-CITE-

25 USC Sec. 64 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 64. Services of agents dispensed with

-STATUTE-

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.

-SOURCE-

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

3, 1875, ch. 132, Sec. 1, 18 Stat. 421.)

-COD-

CODIFICATION

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

17 Stat. 437.

-MISC1-

INDIAN AGENTS

In a communication, dated November 29, 1940, from the Office of

Indian Affairs of the Department of the Interior, it was stated

that there have been no Indian agents since 1908, all of the

agencies and schools having been placed under the supervision of

superintendents.

-End-

-CITE-

25 USC Sec. 65 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 65. Discontinuance of agents, subagents, and interpreters

-STATUTE-

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.

-SOURCE-

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

-COD-

CODIFICATION

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

-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. 66 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 66. Duties of agency devolved on superintendent of Indian

school

-STATUTE-

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.

-SOURCE-

(Mar. 1, 1907, ch. 2285, 34 Stat. 1020; Pub. L. 92-310, title II,

Sec. 229(d), June 6, 1972, 86 Stat. 208.)

-MISC1-

AMENDMENTS

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

superintendent of the Indian school to give a bond as other Indian

agents.

-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. 67 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Sec. 67. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 636

-MISC1-

Section, act Mar. 3, 1893, ch. 209, Sec. 1, 27 Stat. 614,

provided that the superintendent of the training school at Cherokee

Agency was to act as an agent.

-End-

-CITE-

25 USC Secs. 68, 68a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS

-HEAD-

Secs. 68, 68a. Repealed. Pub. L. 96-277, Sec. 2, June 17, 1980, 94

Stat. 545

-MISC1-

Section 68, R.S. Sec. 2078, prohibited employees in Indian

affairs from trading with Indians and made offenders liable to a

penalty of $5,000 and removal from office.

Section 68a, act June 19, 1939, ch. 210, 53 Stat. 840, authorized

Federal employees, including Indian Service employees, under rules

and regulations of Secretary of the Interior to purchase from

Indians and Indian organizations arts and crafts, or other

products, services, or commodities, produced, rendered, owned,

controlled, or furnished by Indians or Indian organizations, but

prohibited employee purchases for purpose of engaging directly or

indirectly in commercial selling, reselling, trading, or bartering

of such purchases.

EFFECTIVE DATE OF REPEAL

Section 4 of Pub. L. 96-277 provided that: "The provisions of

this Act [amending former section 437 of Title 18, Crimes and

Criminal Procedure, repealing sections 68, 68a, 87a, and 441 of

this title, and enacting provisions formerly set out as a note

under section 437 of Title 18] shall take effect sixty days after

the date of enactment of this Act [June 17, 1980]."

-End-