US (United States) Code. Title 25. Chapter 3: Agreements with indians

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

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  • País: Estados Unidos Estados Unidos
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-CITE-

25 USC CHAPTER 3 - AGREEMENTS WITH INDIANS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

-HEAD-

CHAPTER 3 - AGREEMENTS WITH INDIANS

-MISC1-

SUBCHAPTER I - TREATIES

Sec.

71. Future treaties with Indian tribes.

72. Abrogation of treaties.

SUBCHAPTER II - CONTRACTS WITH INDIANS

81. Contracts and agreements with Indian tribes.

(a) Definitions.

(b) Approval.

(c) Exception.

(d) Unapproved agreements.

(e) Regulations.

(f) Construction.

81a. Counsel for prosecution of claims against the United

States; cancellation; revival.

81b. Continuation of contracts with attorneys containing

limitation of time where suits have been filed.

82. Payments under contracts; aiding in making prohibited

contracts.

82a. Contracts for payment of money permitted certain

tribes; payment for legal services.

83, 84. Repealed.

85. Contracts relating to tribal funds or property.

86. Encumbrances on lands allotted to applicants for

enrollment in Five Civilized Tribes; use of interest

on tribal funds.

87, 87a. Repealed.

88. False vouchers, accounts, or claims.

-End-

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25 USC SUBCHAPTER I - TREATIES 01/06/03

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TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER I - TREATIES

-HEAD-

SUBCHAPTER I - TREATIES

-End-

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25 USC Sec. 71 01/06/03

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TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER I - TREATIES

-HEAD-

Sec. 71. Future treaties with Indian tribes

-STATUTE-

No Indian nation or tribe within the territory of the United

States shall be acknowledged or recognized as an independent

nation, tribe, or power with whom the United States may contract by

treaty; but no obligation of any treaty lawfully made and ratified

with any such Indian nation or tribe prior to March 3, 1871, shall

be hereby invalidated or impaired. Such treaties, and any Executive

orders and Acts of Congress under which the rights of any Indian

tribe to fish are secured, shall be construed to prohibit (in

addition to any other prohibition) the imposition under any law of

a State or political subdivision thereof of any tax on any income

derived from the exercise of rights to fish secured by such treaty,

Executive order, or Act of Congress if section 7873 of title 26

does not permit a like Federal tax to be imposed on such income.

-SOURCE-

(R.S. Sec. 2079; Pub. L. 100-647, title III, Sec. 3042, Nov. 10,

1988, 102 Stat. 3641.)

-COD-

CODIFICATION

R.S. Sec. 2079 derived from act Mar. 3, 1871, ch. 120, Sec. 1, 16

Stat. 566.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-647 inserted sentence at end relating to State

tax treatment of income derived by Indians from exercise of fishing

rights secured by treaties, Executive orders, or Acts of Congress.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 applicable to all periods beginning

before, on, or after Nov. 10, 1988, with no inference created as to

existence or nonexistence or scope of any income tax exemption

derived from fishing rights secured as of Mar. 17, 1988, by any

treaty, law, or Executive order, see section 3044 of Pub. L.

100-647, set out as an Effective Date note under section 7873 of

Title 26, Internal Revenue Code.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-179, Sec. 1, Mar. 14, 2000, 114 Stat. 46, provided

that: "This Act [amending sections 81 and 476 of this title] may be

cited as the 'Indian Tribal Economic Development and Contract

Encouragement Act of 2000'."

-End-

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25 USC Sec. 72 01/06/03

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TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER I - TREATIES

-HEAD-

Sec. 72. Abrogation of treaties

-STATUTE-

Whenever the tribal organization of any Indian tribe is in actual

hostility to the United States, the President is authorized, by

proclamation, to declare all treaties with such tribe abrogated by

such tribe if in his opinion the same can be done consistently with

good faith and legal and national obligations.

-SOURCE-

(R.S. Sec. 2080.)

-COD-

CODIFICATION

R.S. Sec. 2080 derived from act July 5, 1862, ch. 135, Sec. 1, 12

Stat. 528.

-End-

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25 USC SUBCHAPTER II - CONTRACTS WITH INDIANS 01/06/03

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TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

SUBCHAPTER II - CONTRACTS WITH INDIANS

-End-

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25 USC Sec. 81 01/06/03

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TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

Sec. 81. Contracts and agreements with Indian tribes

-STATUTE-

(a) Definitions

In this section:

(1) The term "Indian lands" means lands the title to which is

held by the United States in trust for an Indian tribe or lands

the title to which is held by an Indian tribe subject to a

restriction by the United States against alienation.

(2) The term "Indian tribe" has the meaning given that term in

section 450b(e) of this title.

(3) The term "Secretary" means the Secretary of the Interior.

(b) Approval

No agreement or contract with an Indian tribe that encumbers

Indian lands for a period of 7 or more years shall be valid unless

that agreement or contract bears the approval of the Secretary of

the Interior or a designee of the Secretary.

(c) Exception

Subsection (b) of this section shall not apply to any agreement

or contract that the Secretary (or a designee of the Secretary)

determines is not covered under that subsection.

(d) Unapproved agreements

The Secretary (or a designee of the Secretary) shall refuse to

approve an agreement or contract that is covered under subsection

(b) of this section if the Secretary (or a designee of the

Secretary) determines that the agreement or contract -

(1) violates Federal law; or

(2) does not include a provision that -

(A) provides for remedies in the case of a breach of the

agreement or contract;

(B) references a tribal code, ordinance, or ruling of a court

of competent jurisdiction that discloses the right of the

Indian tribe to assert sovereign immunity as a defense in an

action brought against the Indian tribe; or

(C) includes an express waiver of the right of the Indian

tribe to assert sovereign immunity as a defense in an action

brought against the Indian tribe (including a waiver that

limits the nature of relief that may be provided or the

jurisdiction of a court with respect to such an action).

(e) Regulations

Not later than 180 days after March 14, 2000, the Secretary shall

issue regulations for identifying types of agreements or contracts

that are not covered under subsection (b) of this section.

(f) Construction

Nothing in this section shall be construed to -

(1) require the Secretary to approve a contract for legal

services by an attorney;

(2) amend or repeal the authority of the National Indian Gaming

Commission under the Indian Gaming Regulatory Act (25 U.S.C. 2701

et seq.); or

(3) alter or amend any ordinance, resolution, or charter of an

Indian tribe that requires approval by the Secretary of any

action by that Indian tribe.

-SOURCE-

(R.S. Sec. 2103; Pub. L. 85-770, Aug. 27, 1958, 72 Stat. 927; Pub.

L. 106-179, Sec. 2, Mar. 14, 2000, 114 Stat. 46.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Gaming Regulatory Act, referred to in subsec. (f)(2),

is Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, as amended,

which is classified principally to chapter 29 (Sec. 2701 et seq.)

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2701 of this title and

Tables.

-COD-

CODIFICATION

R.S. Sec. 2103 derived from acts Mar. 3, 1871, ch. 120, Sec. 3,

16 Stat. 570; May 21, 1872, ch. 177, Secs. 1, 2, 17 Stat. 136.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-179 amended section generally, substituting

present provisions for provisions which required agreements with

Indian tribes or Indians to be in writing, to bear the approval of

the Secretary, to contain the names of all parties in interest, to

state the time and place of making, purpose, and contingencies, and

to have a fixed time limit to run, and provisions which declared

agreements made in violation of this section to be null and void

and which authorized recovery of amounts in excess of approved

amounts, with one half of recovered amounts to be paid into the

Treasury.

1958 - Par. Second. Pub. L. 85-770 struck out requirement that

contracts with Indian tribes be executed before a judge of a court

of record.

Par. Sixth. Pub. L. 85-770 struck out par. Sixth enumerating

contractual elements to be certified to by the judge.

-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 81a, 415, 416a, 450l,

458cc, 458aaa-10, 2701, 2711 of this title.

-End-

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25 USC Sec. 81a 01/06/03

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TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

Sec. 81a. Counsel for prosecution of claims against the United

States; cancellation; revival

-STATUTE-

Any contracts or agreements approved prior to June 26, 1936, by

the Secretary of the Interior between the authorities of any tribe,

band, or group of Indians and their attorneys for the prosecution

of claims against the United States, which provide that such

contracts or agreements shall run for a period of years therein

specified, and as long thereafter as may be required to complete

the business therein provided for, or words of like import, or

which provide that compensation for services rendered shall be on a

quantum-meruit basis not to exceed a specified percentage, shall be

deemed a sufficient compliance with section 81 of this title:

Provided, however, That nothing herein contained shall limit the

power of the Secretary of the Interior, after due notice and

hearing and for proper cause shown, to cancel any such contract or

agreement: Provided further, That the provisions of this section

and section 81b of this title shall not be construed to revive any

contract which has been terminated by lapse of time, operation of

law, or by acts of the parties thereto.

-SOURCE-

(June 26, 1936, ch. 851, Sec. 1, 49 Stat. 1984.)

-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-

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25 USC Sec. 81b 01/06/03

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TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

Sec. 81b. Continuation of contracts with attorneys containing

limitation of time where suits have been filed

-STATUTE-

Any existing valid contract made and approved prior to June 26,

1936, pursuant to any Act of Congress by any tribe, band, or group

of Indians with an attorney or attorneys for the rendition of

services in the prosecution of claims against the United States

under authority of which suit or suits have been filed, and which

contains a limitation of time for the completion of the services to

be performed may be continued in full force unless a subsequent

contract dealing with the same subject matter has been made and

approved.

-SOURCE-

(June 26, 1936, ch. 851, Sec. 2, 49 Stat. 1984.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 81a of this title.

-End-

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25 USC Sec. 82 01/06/03

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TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

Sec. 82. Payments under contracts; aiding in making prohibited

contracts

-STATUTE-

No money shall be paid to any agent or attorney by an officer of

the United States under any such contract or agreement, other than

the fees due him for services rendered thereunder; but the moneys

due the tribe, Indian, or Indians, as the case may be, shall be

paid by the United States, through its own officers or agents, to

the party or parties entitled thereto; and no money or thing shall

be paid to any person for services under such contract or

agreement, until such person shall have first filed with the

Commissioner of Indian Affairs a sworn statement, showing each

particular act of service under the contract, giving date and fact

in detail, and the Secretary of the Interior and Commissioner of

Indian Affairs shall determine therefrom whether, in their

judgment, such contract or agreement has been complied with or

fulfilled; if so, the same may be paid, and, if not, it shall be

paid in proportion to the services rendered under the contract.

-SOURCE-

(R.S. Sec. 2104.)

-COD-

CODIFICATION

R.S. Sec. 2104 derived from act May 21, 1872, ch. 177, Sec. 3, 17

Stat. 137.

-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-

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25 USC Sec. 82a 01/06/03

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TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

Sec. 82a. Contracts for payment of money permitted certain tribes;

payment for legal services

-STATUTE-

Contracts involving the payment or expenditure of any money or

affecting any property belonging to the Choctaw, Chickasaw,

Cherokee, Creek, or Seminole Tribes of Indians, including contracts

for professional legal services, may be made by said tribes, with

the approval of the Secretary of the Interior, or his authorized

representative, under such rules and regulations as the Secretary

of the Interior may prescribe: Provided, That the provisions of

this section shall not apply to contracts for professional legal

services involving the prosecution of claims against the United

States.

-SOURCE-

(July 3, 1952, ch. 549, Sec. 1, 66 Stat. 323.)

-MISC1-

CONTRACTS INVOLVING CHOCTAW AND CHICKASAW TRIBES

Section 2 of act July 3, 1952, provided: "That the second proviso

in section 28 of the Act of April 26, 1906, ch. 1876 (34 Stat. 148)

[not classified to the Code], and the provisions contained in the

fifth paragraph of section 17 of the Act of March 3, 1911, ch. 210

(36 Stat. 1070) [not classified to the Code], dealing with

contracts made by the Choctaw and Chickasaw Tribes of Indians for

professional legal services of attorneys, are hereby repealed."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450l, 458cc, 458aaa-10 of

this title.

-End-

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25 USC Sec. 83 01/06/03

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TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

Sec. 83. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862

-MISC1-

Section, R.S. Sec. 2105, related to payments under prohibited

contracts.

EFFECTIVE DATE OF REPEAL

Repeal by act June 25, 1948 effective Sept. 1, 1948.

-End-

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25 USC Sec. 84 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

Sec. 84. Repealed. Pub. L. 106-568, title VIII, Sec. 812(c)(1),

Dec. 27, 2000, 114 Stat. 2917

-MISC1-

Section, R.S. Sec. 2106, related to restrictions on assignments

of contracts.

-End-

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25 USC Sec. 85 01/06/03

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TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

Sec. 85. Contracts relating to tribal funds or property

-STATUTE-

No contract made with any Indian, where such contract relates to

the tribal funds or property in the hands of the United States,

shall be valid, nor shall any payment for services rendered in

relation thereto be made unless the consent of the United States

has previously been given.

-SOURCE-

(June 30, 1913, ch. 4, Sec. 18, 38 Stat. 97.)

-End-

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25 USC Sec. 86 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

Sec. 86. Encumbrances on lands allotted to applicants for

enrollment in Five Civilized Tribes; use of interest on tribal

funds

-STATUTE-

Land allotted to any applicant for enrollment as a citizen in the

Five Civilized Tribes whether an Indian or freedman, shall not be

affected or encumbered by any deed, debt, or obligation of any

character contracted prior to the time at which said land may be

alienated under the laws of the United States: Provided further,

That the interest accruing from tribal funds and deposited in banks

in the State of Oklahoma may be used as authorized by the Act of

March third, nineteen hundred and eleven, under the direction of

the Secretary of the Interior, to defray the expense of per capita

payments authorized by Congress.

-SOURCE-

(Aug. 1, 1914, ch. 222, Sec. 17, 38 Stat. 601; June 25, 1948, ch.

645, Sec. 3, 62 Stat. 859.)

-REFTEXT-

REFERENCES IN TEXT

Act of March third, nineteen hundred and eleven, referred to in

text, is act Mar. 3, 1911, ch. 210, 36 Stat. 1060, as amended,

which, insofar as classified to the Code, enacted sections 11, 118,

143, 156, 300, and 301 of this title. For classification of this

Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1948 - Act June 25, 1948, struck out provisions relating to

prohibiting contracts for compensation for services in relation to

enrollment in the Five Civilized Tribes.

EFFECTIVE DATE OF 1948 AMENDMENT

Amendment by act June 25, 1948 effective Sept. 1, 1948.

-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. 87 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

Sec. 87. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862

-MISC1-

Section, act June 22, 1874, ch. 389, Sec. 10, 18 Stat. 177,

related to interest of agents and employees in Indian contracts.

See section 437 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 1, 1948, see section 20 of act June 25,

1948.

-End-

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25 USC Sec. 87a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

Sec. 87a. Repealed. Pub. L. 96-277, Sec. 2, June 17, 1980, 94 Stat.

545

-MISC1-

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

Federal employees, including Indian Service employees, under rules

and regulations of Secretary of the Interior to purchase from

Indians and Indian organizations arts and crafts, or other

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

controlled, or furnished by Indians or Indian organizations, but

prohibited employee purchases for purpose of engaging directly or

indirectly in commercial selling, reselling, trading, or bartering

of such purchases.

EFFECTIVE DATE OF REPEAL

Repeal effective sixty days after June 17, 1980, see section 4 of

Pub. L. 96-277, set out as a note under section 68 of this title.

-End-

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25 USC Sec. 88 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 3 - AGREEMENTS WITH INDIANS

SUBCHAPTER II - CONTRACTS WITH INDIANS

-HEAD-

Sec. 88. False vouchers, accounts, or claims

-STATUTE-

Any disbursing or other officer of the United States, or other

person, who shall knowingly present, or cause to be presented, any

voucher, account, or claim to any officer of the United States, for

approval or payment, or for the purpose of securing a credit in any

account with the United States, relating to any matter pertaining

to the Indian Service, which shall contain any material

misrepresentation of fact in regard to the amount due or paid, the

name or character of the article furnished or received; or of the

service rendered, or to the date of purchase, delivery, or

performance of service, or in any other particular, shall not be

entitled to payment or credit for any part of said voucher,

account, or claim; and if any such credit shall be given or

received, or payment made, the United States may recharge the same

to the officer or person receiving the credit or payment, and

recover the amount from either or from both, in the same manner as

other debts due the United States are collected: Provided, That

where an account contains more than one voucher the foregoing shall

apply only to such vouchers as contain the misrepresentation: And

provided further, That the officers and persons by and between whom

the business is transacted shall, in all civil actions in

settlement of accounts, be presumed to know the facts in relation

to the matter set forth in the voucher, account, or claim: And

provided further, That the foregoing shall be in addition to the

penalties prescribed by law, and in no way affect proceedings under

existing law for like offenses. Where practicable this section

shall be printed on the blank forms of vouchers provided for

general use.

-SOURCE-

(July 4, 1884, ch. 180, Sec. 8, 23 Stat. 97.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of disbursement functions of all Government agencies

with certain exceptions to Fiscal Service, Department of the

Treasury, see note set out under section 53 of this title.

-End-