US (United States) Code. Title 25. Chapter 4: Performance by US (United States) of obligations to indians

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

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publicidad

-CITE-

25 USC CHAPTER 4 - PERFORMANCE BY UNITED STATES OF

OBLIGATIONS TO INDIANS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

-HEAD-

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

-MISC1-

SUBCHAPTER I - PURCHASE OF SUPPLIES

Sec.

91 to 96. Omitted or Repealed.

97. Proposals or bids for contracts to be preserved.

98. Purchase of supplies without authority.

99. Contracts for supplies in advance of appropriations.

100. Repealed.

101. Payment for wagon transportation.

102. Payment of costs for furnishing coal for Indian

Service.

103. Repealed.

104. Purchase of articles manufactured at schools.

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

111. Payment of moneys and distribution of goods.

112. Persons present at delivery of goods and money.

113. Mode of disbursements.

114. Payment of annuities in coin.

115. Payment of annuities in goods.

116. Indians 18 years of age to have right to receipt for

annuity.

117. Repealed.

117a. Per capita distribution of funds to tribe members.

117b. Distribution of funds.

(a) Previous contractual obligations; tax

exemption.

(b) Funds appropriated in satisfaction of

judgments.

(c) Shoshone Tribe and Arapahoe Tribe of the Wind

River Reservation, Wyoming.

117c. Standards for approval of tribal payments; United

States not liable for distribution of funds;

continuing responsibility under other provisions.

118. Payments in satisfaction of judgments.

119. Allotment of tribal funds to individual Indians.

120. Per capita payments to enrolled members of Choctaw and

Chickasaw Tribes.

121. Payment of share of tribal funds to helpless Indians.

122. Limitation on application of tribal funds.

123. Expenditure from tribal funds without specific

appropriations.

123a. Tribal funds; use to purchase insurance for protection

of tribal property.

123b. Tribal funds for traveling and other expenses.

123c. Advancement of tribal funds to Indian tribes;

miscellaneous authorized purposes.

123d. Additional appropriations from tribal funds.

124. Expenditures from tribal funds of Five Civilized

Tribes without specific appropriations.

125. Expenditure of moneys of tribes of Quapaw Agency.

126. Omitted.

127. Moneys or annuities of hostile Indians.

128. Appropriations not paid to Indians at war with United

States.

129. Moneys due Indians holding captives other than Indians

withheld.

130. Withholding of moneys or goods on account of

intoxicating liquors.

131. Advances to disbursing officers.

132. Mode of distribution of goods.

133. Rolls of Indians entitled to supplies.

134. Appropriations for supplies available immediately;

time for distribution.

135. Supplies distributed so as to prevent deficiencies.

136. Commutation of rations and other supplies; payment per

capita.

137. Supplies distributed to able-bodied males on

condition.

138. Goods withheld from chiefs violating treaty

stipulations.

139. Appropriations for subsistence.

140. Diversion of appropriations for employees and

supplies.

141 to 144. Omitted or Repealed.

145. Accounts between United States and tribes under

reimbursable appropriations.

146. Report of Indians present and receiving food.

147. Appropriations for specified buildings; use for

transportation of materials.

148. Appropriations for supplies; transfer to Indian

Service supply fund; expenditure.

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

151. Deposits in bank by disbursing agents.

152. Proceeds of sales of Indian lands.

153. Appropriation to carry out treaties.

154. Proceeds of sales of lands not subject to certain

deductions.

155. Disposal of miscellaneous revenues from Indian

reservations, etc.

155a. Transferred.

155b. Proceeds of labor accounts; deposits limited to funds

held in trust for Indian tribes or individuals.

156. Deposit of funds from sales of lands and property of

Five Civilized Tribes.

157. Investments of stock required by treaties.

158. Investment of proceeds of lands.

159. Moneys due incompetents or orphans.

160. Custody of stocks or bonds held in trust for tribes.

161. Deposit in Treasury of trust funds.

161a. Tribal funds in trust in Treasury Department;

investment by Secretary of the Treasury; maturities;

interest; funds held in trust for individual Indians.

161b. "Indian Money, Proceeds of Labor" fund; separate

accounts for respective tribes; rate of interest.

161c. Surplus above requirements of fund; transfer to

surplus fund of Treasury; retransfer.

161d. Disposition of accrued interest.

162. Repealed.

162a. Deposit of tribal funds in banks; bond or collateral

security; investments; collections from irrigation

projects; affirmative action required.

(a) Deposit of tribal trust funds in banks.

(b) Investment of collections from irrigation

projects and power operations on irrigation

projects.

(c) Investment of tribal trust funds in public debt

obligations.

(d) Trust responsibilities of Secretary of the

Interior.

163. Roll of membership of Indian tribes.

164. Restoration to tribal ownership of unclaimed per

capita and other individual payments of tribal trust

funds; deposit in general fund of the Treasury.

165. Notice to Congressional committees.

166. Applicability of Federal Advisory Committee Act.

-End-

-CITE-

25 USC SUBCHAPTER I - PURCHASE OF SUPPLIES 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

SUBCHAPTER I - PURCHASE OF SUPPLIES

-End-

-CITE-

25 USC Secs. 91, 92 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Secs. 91, 92. Omitted

-COD-

CODIFICATION

Section 91, R.S. Sec. 2083, related to purchase of goods pursuant

to any Indian treaty. See section 5 of Title 41, Public Contracts.

Section 92, R.S. Sec. 2084, related to purchase of goods by

Office of Indian Affairs. See section 5 of Title 41.

-MISC1-

PROCUREMENT FUNCTIONS

Effective Jan. 1, 1947, Procurement Division of Department of the

Treasury changed to Bureau of Federal Supply by regulation issued

by Secretary of the Treasury under authority of section 301 of

Title 5, Government Organization and Employees. Functions of Bureau

of Federal Supply transferred to Administrator of General Services

by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat.

380. See text of, and Historical and Revision Notes under, section

303(a) of Title 40, Public Buildings, Property, and Works.

Function of determination of policies and methods of procurement,

warehousing, and distribution of property, facilities, structures,

improvements, machinery, equipment, stores, and supplies exercised

by any agency transferred to a Procurement Division in Department

of the Treasury by Ex. Ord. No. 6166, June 10, 1933, set out as a

note under section 901 of Title 5.

-End-

-CITE-

25 USC Sec. 93 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Sec. 93. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1112

-MISC1-

Section, acts June 25, 1910, ch. 431, Sec. 23, 36 Stat. 861; May

18, 1916, ch. 125, Sec. 1, 39 Stat. 126; Jan. 12, 1927, ch. 27, 44

Stat. 936, related to purchase of Indian supplies and services. See

sections 5, 6a and 6b of Title 41, Public Contracts.

Construction of repeal, see Repeals note set out under section 6a

of Title 41.

-End-

-CITE-

25 USC Sec. 94 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Sec. 94. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028

-MISC1-

Section, act Apr. 30, 1908, ch. 153, 35 Stat. 71, related to

purchase of supplies, advertisement therefor, and supplies for

irrigation works. See section 5 of Title 41, Public Contracts.

-End-

-CITE-

25 USC Sec. 95 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Sec. 95. Repealed. Mar. 27, 1939, ch. 18, 53 Stat. 551

-MISC1-

Section, acts June 22, 1874, ch. 389, Sec. 6, 18 Stat. 176; Mar.

3, 1875, ch. 132, Sec. 9, 18 Stat. 450; May 18, 1916, ch. 125, Sec.

1, 39 Stat. 129, referred to bids under advertisements for goods or

supplies.

-End-

-CITE-

25 USC Sec. 96 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Sec. 96. Repealed. Pub. L. 104-316, title I, Sec. 112(a), Oct. 19,

1996, 110 Stat. 3833

-MISC1-

Section, acts Mar. 3, 1875, ch. 132, Sec. 7, 18 Stat. 450; July

31, 1894, ch. 174, Secs. 3, 7, 28 Stat. 205, 206; June 10, 1921,

ch. 18, title III, Sec. 304, 42 Stat. 24, directed that copies of

contracts made by Commissioner of Indian Affairs, or any other

officer of Government for the Indian Service, be furnished to

General Accounting Office prior to payment.

-End-

-CITE-

25 USC Sec. 97 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Sec. 97. Proposals or bids for contracts to be preserved

-STATUTE-

In all lettings of contracts in connection with the Indian

Service, the proposals or bids received shall be filed and

preserved..(!1)

-SOURCE-

(Aug. 15, 1876, ch. 289, Sec. 3, 19 Stat. 199; June 21, 1906, ch.

3504, 34 Stat. 328; Pub. L. 104-316, title I, Sec. 112(b), Oct. 19,

1996, 110 Stat. 3833.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-316 substituted a period for "; and an

abstract of all bids or proposals received for the supplies or

services embraced in any contract shall be attached to, and filed

with, the said contract when the same is filed in the office of the

Second Comptroller of the Treasury".

-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.

Effective Jan. 1, 1947, Procurement Division of Department of the

Treasury changed to Bureau of Federal Supply by regulation issued

by Secretary of the Treasury under authority of section 301 of

Title 5. Functions of Bureau of Federal Supply transferred to

Administrator of General Services by section 102 of act June 30,

1949, ch. 288, title I, 63 Stat. 380. See text of, and Historical

and Revision Notes under, section 303(a) of Title 40, Public

Buildings, Property, and Works.

Function of determination of policies and methods of procurement,

warehousing, and distribution of property, facilities, structures,

improvements, machinery, equipment, stores, and supplies exercised

by any agency transferred to a Procurement Division in Department

of the Treasury by Ex. Ord. No. 6166, June 10, 1933, set out as a

note under section 901 of Title 5, Government Organization and

Employees.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

25 USC Sec. 98 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Sec. 98. Purchase of supplies without authority

-STATUTE-

No claims for supplies for Indians, purchased without authority

of law, shall be paid out of any appropriation for expenses of the

Office of Indian Affairs, or for Indians.

-SOURCE-

(R.S. Sec. 2085.)

-COD-

CODIFICATION

R.S. Sec. 2085 derived from act July 15, 1870, ch. 296, Sec. 2,

16 Stat. 360.

-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. 99 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Sec. 99. Contracts for supplies in advance of appropriations

-STATUTE-

The Commissioner of Indian Affairs is authorized to advertise in

the spring of each year for bids, and enter into contracts, subject

to the approval of the Secretary of the Interior, for goods and

supplies for the Indian Service required for the ensuing fiscal

year, notwithstanding the fact that the appropriations for such

fiscal year have not been made, and the contracts so made shall be

on the basis of the appropriations for the preceding fiscal year,

and shall contain a clause that no deliveries shall be made under

the same and no liability attach to the United States in

consequence of such execution if Congress fails to make an

appropriation for such contract for the fiscal year for which those

supplies are required.

-SOURCE-

(Aug. 15, 1894, ch. 290, Sec. 4, 28 Stat. 312.)

-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.

Effective Jan. 1, 1947, Procurement Division of Department of the

Treasury changed to Bureau of Federal Supply by regulation issued

by Secretary of the Treasury under authority of section 301 of

Title 5. Functions of Bureau of Federal Supply transferred to

Administrator of General Services by section 102 of act June 30,

1949, ch. 288, title I, 63 Stat. 380. See text of, and Historical

and Revision Notes under, section 303(a) of Title 40, Public

Buildings, Property, and Works.

Function of determination of policies and methods of procurement,

warehousing, and distribution of property, facilities, structures,

improvements, machinery, equipment, stores, and supplies exercised

by any agency transferred to a Procurement Division in Department

of the Treasury by Ex. Ord. No. 6166, June 10, 1933, set out as a

note under section 901 of Title 5, Government Organization and

Employees.

-End-

-CITE-

25 USC Sec. 100 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Sec. 100. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(48), 65 Stat.

703

-MISC1-

Section, acts Mar. 3, 1877, ch. 101, Sec. 1, 19 Stat. 291; July

7, 1898, ch. 571, Sec. 1, 30 Stat. 676, related to transportation

of Indian goods and supplies under contract or in open market.

-End-

-CITE-

25 USC Sec. 101 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Sec. 101. Payment for wagon transportation

-STATUTE-

All wagon transportation from the point where delivery is made by

the last common carrier to the agency, school, or elsewhere, and

between points on the reservation or elsewhere, shall be paid from

the funds appropriated or otherwise available for the support of

the school, agency, or other project for which the supplies to be

transported are purchased.

-SOURCE-

(June 30, 1913, ch. 4, Sec. 1, 38 Stat. 79.)

-TRANS-

TRANSFER OF FUNCTIONS

Effective Jan. 1, 1947, Procurement Division of Department of the

Treasury changed to Bureau of Federal Supply by regulation issued

by Secretary of the Treasury under authority of section 301 of

Title 5, Government Organization and Employees. Functions of Bureau

of Federal Supply transferred to Administrator of General Services

by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat.

380. See text of, and Historical and Revision Notes under, section

303(a) of Title 40, Public Buildings, Property, and Works.

Function of determination of policies and methods of procurement,

warehousing, and distribution of property, facilities, structures,

improvements, machinery, equipment, stores, and supplies exercised

by any agency transferred to a Procurement Division in Department

of the Treasury by Ex. Ord. No. 6166, June 10, 1933, set out as a

note under section 901 of Title 5, Government Organization and

Employees.

-End-

-CITE-

25 USC Sec. 102 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Sec. 102. Payment of costs for furnishing coal for Indian Service

-STATUTE-

The cost of inspection, storage, transportation, and so forth, of

coal for the Indian Service shall be paid from the support fund of

the school or agency for which the coal is purchased.

-SOURCE-

(Feb. 14, 1920, ch. 75, Sec. 1, 41 Stat. 412.)

-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.

Functions of Archivist transferred to Administrator of General

Services by section 104(a) of act June 30, 1949, ch. 288, title I,

63 Stat. 381. See text of, and Historical and Revision Notes under,

section 2102 of Title 44, Public Printing and Documents. Transfer

of functions effective July 1, 1949, see section 605, formerly Sec.

505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered Sept.

5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583.

-End-

-CITE-

25 USC Sec. 103 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Sec. 103. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028

-MISC1-

Section, act Apr. 30, 1908, ch. 153, 35 Stat. 73, related to

maintenance of warehouses for goods of the Indian Service.

-End-

-CITE-

25 USC Sec. 104 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER I - PURCHASE OF SUPPLIES

-HEAD-

Sec. 104. Purchase of articles manufactured at schools

-STATUTE-

The Secretary of the Interior is authorized, whenever it can be

done advantageously, to purchase for use in the Indian Service,

from Indian manual and training schools, in the manner customary

among individuals such articles as may be manufactured at such

schools, and which are used in the Indian Service. Accounts of such

transactions shall be kept in the Indian Bureau and in the training

schools, and reports thereof made from time to time.

-SOURCE-

(May 11, 1880, ch. 85, Sec. 1, 21 Stat. 131.)

-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.

Effective Jan. 1, 1947, Procurement Division of Department of the

Treasury changed to Bureau of Federal Supply by regulation issued

by Secretary of the Treasury under authority of section 301 of

Title 5, Government Organization and Employees. Functions of Bureau

of Federal Supply transferred to Administrator of General Services

by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat.

380. See text of, and Historical and Revision Notes under, section

303(a) of Title 40, Public Buildings, Property, and Works.

Function of determination of policies and methods of procurement,

warehousing, and distribution of property, facilities, structures,

improvements, machinery, equipment, stores, and supplies exercised

by any agency transferred to a Procurement Division in Department

of the Treasury by Ex. Ord. No. 6166, June 10, 1933, set out as a

note under section 901 of Title 5, Government Organization and

Employees.

-End-

-CITE-

25 USC SUBCHAPTER II - DISBURSEMENT OF MONEYS AND

SUPPLIES 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-End-

-CITE-

25 USC Sec. 111 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 111. Payment of moneys and distribution of goods

-STATUTE-

The payment of all moneys and the distribution of all goods

stipulated to be furnished to any Indians, or tribe of Indians,

shall be made in one of the following ways, as the President or the

Secretary of the Interior may direct:

First. To the chiefs of a tribe, for the tribe.

Second. In cases where the imperious interest of the tribe or the

individuals intended to be benefited, or any treaty stipulation,

requires the intervention of an agency, then to such person as the

tribe shall appoint to receive such moneys or goods; or if several

persons be appointed, then upon the joint order or receipt of such

persons.

Third. To the heads of the families and to the individuals

entitled to participate in the moneys or goods.

Fourth. By consent of the tribe, such moneys or goods may be

applied directly, under such regulations, not inconsistent with

treaty stipulations, as may be prescribed by the Secretary of the

Interior, to such purposes as will best promote the happiness and

prosperity of the members of the tribe, and will encourage

able-bodied Indians in the habits of industry and peace.

-SOURCE-

(R.S. Sec. 2086.)

-COD-

CODIFICATION

R.S. Sec. 2086 derived from acts June 30, 1834, ch. 162, Sec. 11,

4 Stat. 737; Mar. 3, 1847, ch. 66, Sec. 3, 9 Stat. 203; Aug. 30,

1852, ch. 103, Sec. 3, 10 Stat. 56; July 15, 1870, ch. 296, Secs.

2, 3, 16 Stat. 360.

-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. 112 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 112. Persons present at delivery of goods and money

-STATUTE-

The superintendent, agent, or subagent, together with such

military officer as the President may direct, shall be present, and

certify to the delivery of all goods and money required to be paid

or delivered to the Indians.

-SOURCE-

(R.S. Sec. 2088.)

-COD-

CODIFICATION

R.S. Sec. 2088 derived from act June 30, 1834, ch. 162, Sec. 13,

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.

-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. 113 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 113. Mode of disbursements

-STATUTE-

At the discretion of the President all disbursements of moneys,

whether for annuities or otherwise, to fulfill treaty stipulations

with individual Indians or Indian tribes, shall be made in person

by the superintendents of Indian affairs, where superintendencies

exist, to all Indians or tribes within the limits of their

respective superintendencies, in the presence of the local agents

and interpreters, who shall witness the same, under such

regulations as the Secretary of the Interior may direct.

-SOURCE-

(R.S. Sec. 2089.)

-COD-

CODIFICATION

R.S. Sec. 2089 derived from act Mar. 3, 1857, ch. 90, Sec. 1, 11

Stat. 169.

-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.

Transfer of disbursement functions of all Government agencies

with certain exceptions to the Fiscal Service, Department of the

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

-End-

-CITE-

25 USC Sec. 114 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 114. Payment of annuities in coin

-STATUTE-

The Secretary of the Treasury is authorized to pay in coin such

of the annuities as by the terms of any treaty of the United States

with any Indian tribe are required to be paid in coin.

-SOURCE-

(R.S. Sec. 2081.)

-COD-

CODIFICATION

R.S. Sec. 2081 derived from act Mar. 3, 1865, ch. 127, Sec. 3, 13

Stat. 561.

-End-

-CITE-

25 USC Sec. 115 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 115. Payment of annuities in goods

-STATUTE-

The President may, at the request of any Indian tribe, to which

an annuity is payable in money, cause the same to be paid in goods,

purchased as provided in section 91 of this title.

-SOURCE-

(R.S. Sec. 2082.)

-REFTEXT-

REFERENCES IN TEXT

Section 91 of this title, referred to in text, was omitted from

the Code. See section 5 of Title 41, Public Contracts.

-COD-

CODIFICATION

R.S. Sec. 2082 derived from act June 30, 1834, ch. 162, Sec. 12,

4 Stat. 737.

-End-

-CITE-

25 USC Sec. 116 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 116. Indians 18 years of age to have right to receipt for

annuity

-STATUTE-

All Indians, when they shall arrive at the age of eighteen years,

shall have the right to receive and receipt for all annuity money

that may be due or become due to them, if not otherwise

incapacitated under the regulations of the Indian Office.

-SOURCE-

(Mar. 1, 1899, ch. 324, Sec. 8, 30 Stat. 947.)

-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. 117 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 117. Repealed. Pub. L. 98-64, Sec. 4(a), Aug. 2, 1983, 97

Stat. 366

-MISC1-

Section, act June 10, 1896, ch. 398, Sec. 1, 29 Stat. 336,

directed that any sums of money to be paid per capita to individual

Indians be paid to said Indians by an officer of the Government

designated by the Secretary of the Interior. See section 117a et

seq. of this title.

-End-

-CITE-

25 USC Sec. 117a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 117a. Per capita distribution of funds to tribe members

-STATUTE-

Funds which are held in trust by the Secretary of the Interior

(hereinafter referred to as the "Secretary") for an Indian tribe

and which are to be distributed per capita to members of that tribe

may be so distributed by either the Secretary or, at the request of

the governing body of the tribe and subject to the approval of the

Secretary, the tribe. Any funds so distributed shall be paid by the

Secretary or the tribe directly to the members involved or, if such

members are minors or have been legally determined not competent to

handle their own affairs, to a parent or guardian of such members

or to a trust fund for such minors or legal incompetents as

determined by the governing body of the tribe.

-SOURCE-

(Pub. L. 98-64, Sec. 1, Aug. 2, 1983, 97 Stat. 365.)

-MISC1-

SHORT TITLE

Pub. L. 98-64, Aug. 2, 1983, 97 Stat. 365, which enacted sections

117a to 117c and repealed section 117 of this title and repealed

section 19 (per capita payments provisions) of act June 28, 1898,

ch. 517, 30 Stat. 502, is popularly known as the "Per Capita Act".

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Per Capita Act is referred to in sections 1300i-6, 1773h of

this title; title 20 section 1087uu-1.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 117b, 117c of this title.

-End-

-CITE-

25 USC Sec. 117b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 117b. Distribution of funds

-STATUTE-

(a) Previous contractual obligations; tax exemption

Funds distributed under sections 117a to 117c of this title shall

not be liable for the payment of previously contracted obligations

except as may be provided by the governing body of the tribe and

distributions of such funds shall be subject to the provisions of

section 7 of the Act of October 19, 1973 (87 Stat. 466), as amended

[25 U.S.C. 1407].

(b) Funds appropriated in satisfaction of judgments

Nothing in sections 117a to 117c of this title shall affect the

requirements of the Act of October 19, 1973 (87 Stat. 466), as

amended [25 U.S.C. 1401 et seq.], or of any plan approved

thereunder, with respect to the use or distribution of funds

subject to that Act: Provided, That per capita payments made

pursuant to a plan approved under that Act may be made by an Indian

tribe as provided in section 117a of this title if all other

provisions of the 1973 Act are met, including but not limited to,

the protection of the interests of minors and incompetents in such

funds.

(c) Shoshone Tribe and Arapahoe Tribe of the Wind River

Reservation, Wyoming

Nothing in sections 117a to 117c of this title, except the

provisions of subsection (a) of this section, shall apply to the

Shoshone Tribe and the Arapahoe Tribe of the Wind River

Reservation, Wyoming.

-SOURCE-

(Pub. L. 98-64, Sec. 2, Aug. 2, 1983, 97 Stat. 365.)

-REFTEXT-

REFERENCES IN TEXT

Act of October 19, 1973, referred to in subsec. (b), is Pub. L.

93-134, Oct. 19, 1973, 87 Stat. 466, as amended, known as the

Indian Tribal Judgment Funds Use or Distribution Act, which is

classified generally to chapter 16 (Sec. 1401 et seq.) of this

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

section 1401(c) of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 117c of this title.

-End-

-CITE-

25 USC Sec. 117c 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 117c. Standards for approval of tribal payments; United States

not liable for distribution of funds; continuing responsibility

under other provisions

-STATUTE-

(a) The Secretary shall, by regulation, establish reasonable

standards for the approval of tribal payments pursuant to section

117a of this title and, where approval is given under such

regulations, the United States shall not be liable with respect to

any distribution of funds by a tribe under sections 117a to 117c of

this title.

(b) Nothing in sections 117a to 117c of this title shall

otherwise absolve the United States from any other responsibility

to the Indians, including those which derive from the trust

relationship and from any treaties, Executive orders, or agreements

between the United States and any Indian tribe.

-SOURCE-

(Pub. L. 98-64, Sec. 3, Aug. 2, 1983, 97 Stat. 365.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 117b of this title.

-End-

-CITE-

25 USC Sec. 118 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 118. Payments in satisfaction of judgments

-STATUTE-

Payments to Indians made from moneys appropriated by Congress in

satisfaction of the judgment of any court shall be made under the

direction of the officers of the Interior Department charged by law

with the supervision of Indian affairs, and all such payments shall

be accounted for to the Treasury in conformity with law.

-SOURCE-

(Mar. 3, 1911, ch. 210, Sec. 28, 36 Stat. 1077.)

-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.

Transfer of disbursement functions of all Government agencies

with certain exceptions to the Fiscal Service, Department of the

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

25 USC Sec. 119 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 119. Allotment of tribal funds to individual Indians

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

from time to time, to designate any individual Indian belonging to

any tribe or tribes whom he may deem to be capable of managing his

or her affairs, and he may cause to be apportioned and allotted to

any such Indian his or her pro rata share of any tribal or trust

funds on deposit in the Treasury of the United States to the credit

of the tribe or tribes of which said Indian is a member, and the

amount so apportioned and allotted shall be placed to the credit of

such Indian upon the books of the Treasury, and the same shall

thereupon be subject to the order of such Indian: Provided, That no

apportionment or allotment shall be made to any Indian until such

Indian has first made an application therefor: Provided further,

That the Secretaries of the Interior and of the Treasury are

directed to withhold from such apportionment and allotment a

sufficient sum of the said Indian funds as may be necessary or

required to pay any existing claims against said Indians that may

be pending for settlement by judicial determination in the United

States Court of Federal Claims or in the Executive Departments of

the Government, at time of such apportionment and allotment.

-SOURCE-

(Mar. 2, 1907, ch. 2523, Sec. 1, 34 Stat. 1221; Pub. L. 97-164,

title I, Sec. 160(a)(7), Apr. 2, 1982, 96 Stat. 48; Pub. L.

102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

-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. 120 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 120. Per capita payments to enrolled members of Choctaw and

Chickasaw Tribes

-STATUTE-

The Secretary of the Interior, under rules and regulations to be

prescribed by him, is authorized to make per capita payments of not

to exceed $200 annually to the enrolled members of the Choctaw and

Chickasaw Tribes of Indians of Oklahoma, entitled under existing

law to share in the funds of said tribes, or to their lawful heirs,

of all the available money held by the Government of the United

States for the benefit of said tribes in excess of that required

for expenditures authorized by annual appropriations made therefrom

or by existing law.

-SOURCE-

(Feb. 14, 1920, ch. 75, Sec. 18, 41 Stat. 427.)

-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. 121 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 121. Payment of share of tribal funds to helpless Indians

-STATUTE-

The pro rata share of any Indian who is mentally or physically

incapable of managing his or her own affairs may be withdrawn from

the Treasury in the discretion of the Secretary of the Interior and

expended for the benefit of such Indian under such rules,

regulations, and conditions as the said Secretary may prescribe:

Provided, That said funds of any Indian shall not be withdrawn from

the Treasury until needed by the Indian and upon his application

and when approved by the Secretary of the Interior.

-SOURCE-

(Mar. 2, 1907, ch. 2523, Sec. 2, 34 Stat. 1221; May 18, 1916, ch.

125, Sec. 1, 39 Stat. 128.)

-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. 122 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 122. Limitation on application of tribal funds

-STATUTE-

No funds belonging to any Indian tribe with which treaty

relations exist shall be applied in any manner not authorized by

such treaty, or by express provisions of law; nor shall money

appropriated to execute a treaty be transferred or applied to any

other purpose, unless expressly authorized by law.

-SOURCE-

(R.S. Sec. 2097.)

-COD-

CODIFICATION

R.S. Sec. 2097 derived from act July 26, 1866, ch. 266, Sec. 2,

14 Stat. 280.

-End-

-CITE-

25 USC Sec. 123 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 123. Expenditure from tribal funds without specific

appropriations

-STATUTE-

No money shall be expended from Indian tribal funds without

specific appropriation by Congress except as follows: Equalization

of allotments, education of Indian children in accordance with

existing law, per capita and other payments, all of which are

hereby continued in full force and effect: Provided, That this

shall not change existing law with reference to the Five Civilized

Tribes.

-SOURCE-

(May 18, 1916, ch. 125, Sec. 27, 39 Stat. 158.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 155 of this title.

-End-

-CITE-

25 USC Sec. 123a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 123a. Tribal funds; use to purchase insurance for protection

of tribal property

-STATUTE-

On and after April 13, 1926, the funds of any tribe of Indians

under the control of the United States may be used for payments of

insurance premiums for protection of the property of the tribe

against fire, theft, tornado, hail, earthquake, or other elements

and forces of nature, and for protection against liability on

account of injuries or damages to persons or property and other

like claims.

-SOURCE-

(Apr. 13, 1926, ch. 118, 44 Stat. 242; Aug. 2, 1946, ch. 754, 60

Stat. 852.)

-MISC1-

AMENDMENTS

1946 - Act Aug. 2, 1946, provided for use of funds to pay

premiums on personal and property damage insurance.

-End-

-CITE-

25 USC Sec. 123b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 123b. Tribal funds for traveling and other expenses

-STATUTE-

On and after May 9, 1938, tribal funds shall be available for

appropriation by Congress for traveling and other expenses,

including supplies and equipment, of members of tribal councils,

business committees, or other tribal organizations, when engaged on

business of the tribes.

-SOURCE-

(May 9, 1938, ch. 187, Sec. 1, 52 Stat. 315.)

-End-

-CITE-

25 USC Sec. 123c 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 123c. Advancement of tribal funds to Indian tribes;

miscellaneous authorized purposes

-STATUTE-

On and after October 12, 1984, tribal funds may be advanced to

Indian tribes during each fiscal year for such purposes as may be

designated by the governing body of the particular tribe involved

and approved by the Secretary including: expenditures for the

benefit of Indians and Indian tribes; care, tuition, and other

assistance to Indian children attending public and private schools

(which may be paid in advance or from date of admission); purchase

of land and improvements on land, title to which shall be taken in

the name of the United States in trust for the tribe for which

purchased; lease of lands and water rights; compensation and

expenses of attorneys and other persons employed by Indian tribes

under approved contracts; pay, travel, and other expenses of tribal

officers, councils, committees, and employees thereof, or other

tribal organizations, including mileage for use of privately owned

automobiles and per diem in lieu of subsistence at rates

established administratively but not to exceed those applicable to

civilian employees of the Government; and relief of Indians,

including cash grants.

-SOURCE-

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

1984, 98 Stat. 1837, 1849.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300i-3 of this title.

-End-

-CITE-

25 USC Sec. 123d 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 123d. Additional appropriations from tribal funds

-STATUTE-

In addition to the tribal funds authorized to be expended by

existing law, there is appropriated in fiscal year 1988 and

thereafter to the Secretary of the Interior for the benefit of the

tribes on whose behalf such funds were collected, not to exceed

$1,000,000 in each fiscal year from tribal funds not otherwise

available for expenditure.

-SOURCE-

(Pub. L. 100-202, Sec. 101(g) [title I, Sec. 100], Dec. 22, 1987,

101 Stat. 1329-213, 1329-230.)

-End-

-CITE-

25 USC Sec. 124 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 124. Expenditures from tribal funds of Five Civilized Tribes

without specific appropriations

-STATUTE-

No money shall be expended from tribal funds belonging to the

Five Civilized Tribes without specific appropriation by Congress.

-SOURCE-

(May 24, 1922, ch. 199, 42 Stat. 575.)

-End-

-CITE-

25 USC Sec. 125 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 125. Expenditure of moneys of tribes of Quapaw Agency

-STATUTE-

No moneys shall be expended from tribal or individual funds

belonging to the Quapaw or other tribes of Indians of the Quapaw

Agency in the State of Oklahoma without specific authority of law.

-SOURCE-

(June 30, 1919, ch. 4, Sec. 17, 41 Stat. 20.)

-End-

-CITE-

25 USC Sec. 126 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 126. Omitted

-COD-

CODIFICATION

Section, R.S. Sec. 2098, relating to payment of claims for Indian

depredations, was omitted upon recommendation by Secretary of the

Interior that this section be repealed as present day conditions

make it unnecessary.

-End-

-CITE-

25 USC Sec. 127 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 127. Moneys or annuities of hostile Indians

-STATUTE-

No moneys or annuities stipulated by any treaty with an Indian

tribe for which appropriations are made shall be expended for, or

paid, or delivered to any tribe which, since the next preceding

payment under such treaty, has engaged in hostilities against the

United States, or against its citizens peacefully or lawfully

sojourning or traveling within its jurisdiction at the time of such

hostilities; nor in such case shall such stipulated payments or

deliveries be resumed until new appropriations shall have been made

therefor by Congress.

-SOURCE-

(R.S. Sec. 2100; May 29, 1928, ch. 901, Sec. 1(81), 45 Stat. 992.)

-COD-

CODIFICATION

R.S. Sec. 2100 derived from act Mar. 2, 1867, ch. 173, Sec. 2, 14

Stat. 515.

-MISC1-

AMENDMENTS

1928 - Act May 29, 1928, struck out provision requiring the

Commissioner of Indian Affairs to make periodic reports to Congress

concerning hostilities with any tribes with which the United States

has treaty stipulations.

-End-

-CITE-

25 USC Sec. 128 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 128. Appropriations not paid to Indians at war with United

States

-STATUTE-

None of the appropriations made for the Indian Service shall be

paid to any band of Indians or any portion of any band while at war

with the United States or with the white citizens of any of the

States or Territories.

-SOURCE-

(Mar. 3, 1875, ch. 132, Sec. 2, 18 Stat. 449.)

-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. 129 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 129. Moneys due Indians holding captives other than Indians

withheld

-STATUTE-

The Secretary of the Interior is authorized to withhold, from any

tribe of Indians who may hold any captives other than Indians, any

moneys due them from the United States until said captives shall be

surrendered to the lawful authorities of the United States.

-SOURCE-

(Mar. 3, 1875, ch. 132, Sec. 1, 18 Stat. 424.)

-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. 130 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 130. Withholding of moneys or goods on account of intoxicating

liquors

-STATUTE-

No annuities, or moneys, or goods, shall be paid or distributed

to Indians while they are under the influence of any description of

intoxicating liquor, nor while there are good and sufficient

reasons leading the officers or agents, whose duty it may be to

make such payments or distribution, to believe that there is any

species of intoxicating liquor within convenient reach of the

Indians, nor until the chiefs and headmen of the tribe shall have

pledged themselves to use all their influence and to make all

proper exertions to prevent the introduction and sale of such

liquor in their country.

-SOURCE-

(R.S. Sec. 2087.)

-COD-

CODIFICATION

R.S. Sec. 2087 derived from act Mar. 3, 1847, ch. 66, Sec. 3, 9

Stat. 203.

-End-

-CITE-

25 USC Sec. 131 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 131. Advances to disbursing officers

-STATUTE-

No superintendent of Indian affairs, or Indian agent, or other

disbursing officer in such service, shall have advanced to him, on

Indian or public account, any money to be disbursed in future,

until such superintendent, agent, or officer in such service has

settled his accounts of the preceding year, and has satisfactorily

shown that all balances in favor of the Government, which may

appear to be in his hands, are ready to be paid over on the order

of the Secretary of the Interior.

-SOURCE-

(R.S. Sec. 2092.)

-COD-

CODIFICATION

R.S. Sec. 2092 derived from act June 27, 1846, ch. 34, Sec. 1, 9

Stat. 20.

-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.

Transfer of disbursement functions of all Government agencies

with certain exceptions to the Fiscal Service, Treasury Department,

see note set out under section 53 of this title.

-MISC1-

INDIAN AGENTS

The services of Indian agents have been dispensed with. See note

set out under section 64 of this title.

SUPERINTENDENT OF INDIAN AFFAIRS

No appropriation for any superintendent of Indian affairs has

been made since act Mar. 3, 1877, ch. 101, Sec. 1, 19 Stat. 271.

-End-

-CITE-

25 USC Sec. 132 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 132. Mode of distribution of goods

-STATUTE-

Whenever goods and merchandise are delivered to the chiefs of a

tribe, for the tribe, such goods and merchandise shall be turned

over by the agent or superintendent of such tribe to the chiefs in

bulk, and in the original package, as nearly as practicable, and in

the presence of the headmen of the tribe, if practicable, to be

distributed to the tribe by the chiefs in such manner as the chiefs

may deem best, in the presence of the agent or superintendent.

-SOURCE-

(R.S. Sec. 2090.)

-COD-

CODIFICATION

R.S. Sec. 2090 derived from act Apr. 10, 1869, ch. 16, Sec. 2, 16

Stat. 39.

-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. 133 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 133. Rolls of Indians entitled to supplies

-STATUTE-

For the purpose of properly distributing the supplies

appropriated for the Indian Service, it is made the duty of each

agent in charge of Indians and having supplies to distribute, to

make out, at the commencement of each fiscal year, rolls of the

Indians entitled to supplies at the agency, with the names of the

Indians and of the heads of families or lodges, with the number in

each family or lodge, and to give out supplies to the heads of

families, and not to the heads of tribes or bands, and not to give

out supplies for a greater length of time than one week in advance.

-SOURCE-

(Mar. 3, 1875, ch. 132, Sec. 4, 18 Stat. 449.)

-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. 134 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 134. Appropriations for supplies available immediately; time

for distribution

-STATUTE-

So much of the appropriations of any annual Indian Appropriation

Act as may be required to pay for goods and supplies, for expenses

incident to their purchase, and for transportation of the same, for

the fiscal year for which such appropriations are made, shall be

immediately available, upon the approval of such Act, but no such

goods or supplies shall be distributed or delivered to any of said

Indians prior to the beginning of such fiscal year.

-SOURCE-

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

-End-

-CITE-

25 USC Sec. 135 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 135. Supplies distributed so as to prevent deficiencies

-STATUTE-

It shall be the duty of the Secretary of the Interior, and the

officers charged by law with the distribution of supplies to the

Indians, under appropriations made by law, to distribute them and

pay them out to the Indians entitled to them, in such proper

proportions as that the amount of appropriation made for the

current year shall not be expended before the end of such current

year, so as to prevent deficiencies; and no expenditure shall be

made or liability incurred on the part of the Government on account

of the Indian Service for any fiscal year (unless in compliance

with existing law) beyond the amount of money previously

appropriated for said service during such year.

-SOURCE-

(Mar. 3, 1875, ch. 132, Sec. 6, 18 Stat. 450.)

-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. 136 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 136. Commutation of rations and other supplies; payment per

capita

-STATUTE-

When, in the judgment of the Secretary of the Interior, any

Indian tribe, or part thereof, who are receiving rations and

clothing and other supplies under the Act of July 1, 1898, chapter

545, are sufficiently advanced in civilization to purchase such

rations and clothing and other supplies judiciously, they may

commute the same and pay the value thereof in money per capita to

such tribe or part thereof, the manner of such payment to be

prescribed by the Secretary of the Interior.

-SOURCE-

(July 1, 1898, ch. 545, Sec. 7, 30 Stat. 596.)

-REFTEXT-

REFERENCES IN TEXT

Act of July 1, 1898, referred to in text, is act July 1, 1898,

ch. 545, 30 Stat. 573, as amended, which enacted sections 32, 136,

and 191 of this title and amended section 27 of this title. For

complete classification of this Act to the Code, see Tables.

-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. 137 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 137. Supplies distributed to able-bodied males on condition

-STATUTE-

For the purpose of inducing Indians to labor and become

self-supporting, it is provided that, in distributing the supplies

and annuities to the Indians for whom the same are appropriated,

the agent distributing the same shall require all able-bodied male

Indians between the ages of eighteen and forty-five to perform

service upon the reservation, for the benefit of themselves or of

the tribe, at a reasonable rate, to be fixed by the agent in

charge, and to an amount equal in value to the supplies to be

delivered; and the allowances provided for such Indians shall be

distributed to them only upon condition of the performance of such

labor, under such rules and regulations as the agent may prescribe:

Provided, That the Secretary of the Interior may, by written order,

except any particular tribe, or portion of tribe, from the

operation of this provision where he deems it proper and expedient.

-SOURCE-

(Mar. 3, 1875, ch. 132, Sec. 3, 18 Stat. 449.)

-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. 138 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 138. Goods withheld from chiefs violating treaty stipulations

-STATUTE-

No delivery of goods or merchandise shall be made to the chiefs

of any tribe, by authority of any treaty, if such chiefs have

violated the stipulations contained in such treaty upon their part.

-SOURCE-

(R.S. Sec. 2101.)

-COD-

CODIFICATION

R.S. Sec. 2101 derived from act Apr. 10, 1869, ch. 16, Sec. 2, 16

Stat. 39.

-End-

-CITE-

25 USC Sec. 139 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 139. Appropriations for subsistence

-STATUTE-

The Secretary of the Interior, under the direction of the

President, may use any surplus that may remain in any of the

appropriations for the purchase of subsistence for the several

Indian tribes, to an amount not exceeding $25,000 in the aggregate,

to supply any subsistence deficiency that may occur: Provided, That

any diversions which shall be made under authority of this section

shall be reported in detail, and the reason therefor, to Congress,

at the session of Congress next succeeding such diversion.

-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. 140 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 140. Diversion of appropriations for employees and supplies

-STATUTE-

The several appropriations made for millers, blacksmiths,

engineers, carpenters, physicians, and other persons, and for

various articles provided for by treaty stipulation for the several

Indian tribes, may be diverted to other uses for the benefit of

said tribes, respectively, within the discretion of the President,

and with the consent of said tribes, expressed in the usual manner;

and he shall cause report to be made to Congress, at its next

session thereafter of his action under this provision.

-SOURCE-

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

-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. 141 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 141. Omitted

-COD-

CODIFICATION

Section, R.S. Sec. 2110, which related to issuance of army

rations to Indians, was omitted on recommendation of Secretary of

the Interior that this section be repealed because the practice of

issuing army rations to Indians is no longer in use.

-End-

-CITE-

25 USC Sec. 142 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 142. Repealed. May 29, 1928, ch. 901, Sec. 1(87), 45 Stat. 992

-MISC1-

Section, act May 18, 1916, ch. 125, Sec. 27, 39 Stat. 158,

related to annual reports to Congress of tribal financial matters.

-End-

-CITE-

25 USC Sec. 143 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 143. Repealed. Aug. 30, 1954, ch. 1076, Sec. 1(24), 68 Stat.

968

-MISC1-

Section, act Mar. 3, 1911, ch. 210, Sec. 27, 36 Stat. 1077,

required Secretary of the Interior to submit an annual report to

Speaker of House of Representatives of fiscal affairs of all Indian

tribes for whose benefit expenditures from either public or tribal

funds were made by any officer, clerk, or employee in Department of

the Interior.

-End-

-CITE-

25 USC Sec. 144 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 144. Repealed. May 29, 1928, ch. 901, Sec. 1(66), 45 Stat. 991

-MISC1-

Section, act Aug. 1, 1914, ch. 222, Sec. 1, 38 Stat. 587, related

to an annual report of moneys appropriated for encouragement of

industry.

-End-

-CITE-

25 USC Sec. 145 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 145. Accounts between United States and tribes under

reimbursable appropriations

-STATUTE-

The Secretary of the Interior shall cause to be stated annual

accounts between the United States and each tribe of Indians

arising under appropriations made, which by law are required to be

reimbursed to the United States, crediting in said accounts the

sums so reimbursed, if any; and the Secretary of the Interior shall

pay, out of any fund or funds belonging to such tribe or tribes of

Indians applicable thereto and held by the United States in trust

or otherwise, all balances of accounts due to the United States and

not already reimbursed to the Treasury, and deposit such sums in

the Treasury as miscellaneous receipts; and such accounts shall be

received and examined by the General Accounting Office and the

balances arising thereon certified to the Secretary of the

Treasury.

-SOURCE-

(Apr. 4, 1910, ch. 140, Sec. 1, 36 Stat. 270; June 10, 1921, ch.

18, title III, Sec. 304, 42 Stat. 24.)

-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

auditor of the Treasury Department" 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. 146 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 146. Report of Indians present and receiving food

-STATUTE-

Whenever the issue of food, clothing, or supplies of any kind to

Indians is provided for, it shall be the duty of the agent or

commissioner issuing the same, at such issue thereof, whether it be

both of food and clothing, or either of them, or of any kind of

supplies, to report to the Commissioner of Indian Affairs the

number of Indians present and actually receiving the same.

-SOURCE-

(R.S. Sec. 2109.)

-COD-

CODIFICATION

R.S. Sec. 2109 derived from act Feb. 14, 1873, ch. 138, Sec. 7,

17 Stat. 463, 464.

-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. 147 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 147. Appropriations for specified buildings; use for

transportation of materials

-STATUTE-

Appropriations for specified buildings in the Indian Service

shall be used for the transportation of materials purchased

therefrom.

-SOURCE-

(Jan. 12, 1927, ch. 27, Sec. 1, 44 Stat. 939.)

-End-

-CITE-

25 USC Sec. 148 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES

-HEAD-

Sec. 148. Appropriations for supplies; transfer to Indian Service

supply fund; expenditure

-STATUTE-

From time to time there is authorized to be transferred from each

or any appropriation or fund available for the purchase of supplies

for the Indian Service, to a fund to be set up and carried on the

books of the Treasury as an Indian Service supply fund, such

amounts as the Secretary of the Interior may estimate to be

required to pay for supplies purchased through Indian warehouses

for the Indian field service; and the expenditure of the said

Indian Service supply fund for the purpose stated is hereby

authorized, necessary adjustments to be made thereafter to the end

that each appropriation and fund ultimately will be charged only

with the cost of the supplies legally chargeable thereto.

-SOURCE-

(Jan. 12, 1927, ch. 27, Sec. 1, 44 Stat. 939.)

-End-

-CITE-

25 USC SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF

INDIAN MONEYS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-End-

-CITE-

25 USC Sec. 151 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 151. Deposits in bank by disbursing agents

-STATUTE-

Any United States Indian agent, superintendent, or other

disbursing agent of the Indian Service may deposit Indian moneys,

individual or tribal, coming into his hands as custodian, in such

national bank or banks as he may select: Provided, That the bank or

banks so selected by him shall first execute to said disbursing

agent a bond, with approved surety, in such an amount as will

properly safeguard the funds to be deposited. Such bond shall be

subject to the approval of the Secretary of the Interior.

-SOURCE-

(Apr. 30, 1908, ch. 153, 35 Stat. 73; June 25, 1910, ch. 431, Sec.

1, 36 Stat. 855; Mar. 3, 1928, ch. 122, 45 Stat. 161; Apr. 30,

1934, ch. 169, 48 Stat. 648.)

-COD-

CODIFICATION

This section is also set out in the last two provisos of section

372 of this title.

-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.

Transfer of disbursement functions of all Government agencies

with certain exceptions to the Fiscal Service, Treasury Department,

see note set out under section 53 of this title.

-MISC1-

INDIAN AGENTS

The services of Indian agents have been dispensed with. See note

set out under section 64 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 406, 564h, 697, 747

of this title.

-End-

-CITE-

25 USC Sec. 152 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 152. Proceeds of sales of Indian lands

-STATUTE-

All moneys received from the sales of lands that have been, or

may be, ceded to the United States by Indian tribes, by treaties

providing for the investment or payment to the Indians, parties

thereto, of the proceeds of the lands ceded by them, respectively,

after deducting the expenses of survey and sale, any sums

stipulated to be advanced, and the expenses of fulfilling any

engagements contained therein, shall be paid into the Treasury in

the same manner that moneys received from the sales of public lands

are paid into the Treasury.

-SOURCE-

(R.S. Sec. 2093.)

-COD-

CODIFICATION

R.S. Sec. 2093 derived from act Jan. 9, 1837, ch. 1, Sec. 1, 5

Stat. 135.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 153 of this title.

-End-

-CITE-

25 USC Sec. 153 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 153. Appropriation to carry out treaties

-STATUTE-

All sums that are or may be required to be paid, and all moneys

that are or may be required to be invested by the treaties

mentioned in section 152 of this title are appropriated in

conformity to them, and shall be drawn from the Treasury as other

public moneys are drawn therefrom, under such instructions as may

from time to time be given by the President.

-SOURCE-

(R.S. Sec. 2094.)

-COD-

CODIFICATION

R.S. Sec. 2094 derived from act Jan. 9, 1837, ch. 1, Sec. 2, 5

Stat. 135.

-End-

-CITE-

25 USC Sec. 154 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 154. Proceeds of sales of lands not subject to certain

deductions

-STATUTE-

No part of the expenses of the public lands service shall be

deducted from the proceeds of Indian lands sold through the Bureau

of Land Management, except as authorized by the treaty or agreement

providing for the disposition of the lands.

-SOURCE-

(July 4, 1884, ch. 180, Sec. 10, 23 Stat. 98; 1946 Reorg. Plan No.

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

-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.

"Bureau of Land Management" substituted in text for "General Land

Office" pursuant to section 403 of Reorg. Plan No. 3 of 1946, set

out in the Appendix to Title 5, which established the Bureau and

transferred thereto the functions of the General Land Office.

-End-

-CITE-

25 USC Sec. 155 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 155. Disposal of miscellaneous revenues from Indian

reservations, etc.

-STATUTE-

All miscellaneous revenues derived from Indian reservations,

agencies, and schools, except those of the Five Civilized Tribes

and not the result of the labor of any member of such tribe, which

are not required by existing law to be otherwise disposed of, shall

be covered into the Treasury of the United States under the caption

"Indian moneys, proceeds of labor", and are made available for

expenditure, in the discretion of the Secretary of the Interior,

for the benefit of the Indian tribes, agencies, and schools on

whose behalf they are collected, subject, however, to the

limitations as to tribal funds, imposed by sections 123 and 142

(!1) of this title.

-SOURCE-

(Mar. 3, 1883, ch. 141, Sec. 2, 22 Stat. 590; Mar. 2, 1887, ch.

320, 24 Stat. 463; May 17, 1926, ch. 309, Sec. 1, 44 Stat. 560; May

29, 1928, ch. 901, Sec. 1(68), 45 Stat. 991.)

-REFTEXT-

REFERENCES IN TEXT

Section 142 of this title, referred to in text, was repealed by

act May 29, 1928, ch. 901, Sec. 1(87), 45 Stat. 992.

-MISC1-

REPEALS

Act May 29, 1928, repealed the provisions of acts Mar. 3, 1883

and Mar. 2, 1887, which related to Indian moneys, proceeds of

labor.

-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 155b, 161b, 672 of this

title; title 16 section 835e; title 43 section 597a; title 48

section 50f.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

25 USC Sec. 155a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 155a. Transferred

-COD-

CODIFICATION

Section, act May 17, 1926, ch. 309, Sec. 1, 44 Stat. 560, which

related to disposal of miscellaneous revenues from Indian

reservations, was merged into section 155 of this title.

-End-

-CITE-

25 USC Sec. 155b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 155b. Proceeds of labor accounts; deposits limited to funds

held in trust for Indian tribes or individuals

-STATUTE-

Except in the case of funds held in trust for Indian tribes or

individuals, the funds available for expenditure under the "Indian

moneys, proceeds of labor" accounts authorized by section 155 of

this title may be expended until September 30, 1982 for any purpose

for which funds are appropriated under the subheading "Operation of

Indian Programs".

No funds shall be deposited in such "Indian money, proceeds of

labor" (IMPL) accounts after September 30, 1982. The unobligated

balance in IMPL accounts as of the close of business on September

30, 1982, including the income resulting from the investment of

funds from such accounts prior to such date, shall be transferred

to and held in escrow accounts at the locations of the IMPL

accounts from which they are transferred. Funds in such escrow

accounts may be invested as provided in section 162a of this title

and the investment income added to such accounts. The Secretary

shall determine no later than September 30, 1985 (after

consultation with appropriate tribes and individual Indians) the

extent to which the funds held in such escrow accounts represent

income from the investment of special deposits relating to specific

tribes or individual Indians. Upon such a determination by the

Secretary and express acceptance of the determination by the

beneficiary, the Secretary shall transfer such funds to trust

accounts for such tribes or individual Indians. Not more than ten

percent of the funds transferred to trust accounts for any tribe or

individual Indian under this provision may be utilized to pay for

legal or other representation relating to claims for such funds.

Not to exceed two percent of the funds transferred from the IMPL

accounts shall be available to reimburse the Bureau of Indian

Affairs for administrative expenses incurred in determining

ownership of the funds. Acceptance of a determination by the

Secretary and the transfer of funds under this provision shall

constitute a complete release and waiver of any and all claims by

the beneficiary against the United States relating to the

unobligated balance of IMPL accounts as of the close of business on

September 30, 1982. During the period of October 1, 1985 through

September 30, 1987, or earlier if a Secretarial determination on

ownership and appropriate fund transfers has been completed, the

funds remaining in such escrow accounts because they have not been

transferred to trust accounts, may be expended subject to the

approval of the Secretary for any purpose authorized under section

13 of this title and requested by the respective governing bodies

of the tribes at the locations where such accounts are maintained.

The unobligated balances of such escrow accounts as of the close of

business on September 30, 1987, shall be deposited into

miscellaneous receipts of the Treasury.

-SOURCE-

(Pub. L. 97-100, title I, Sec. 100, Dec. 23, 1981, 95 Stat. 1400;

Pub. L. 97-257, title I, Sec. 100, Sept. 10, 1982, 96 Stat. 839.)

-REFTEXT-

REFERENCES IN TEXT

The purposes for which funds are appropriated under the

subheading "Operation of Indian Programs", referred to in text, are

the purposes enumerated in the Department of the Interior and

Related Agencies Appropriation Act, 1982, Pub. L. 97-100, title I,

Sec. 100, Dec. 23, 1981, 95 Stat. 1399.

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-257 substituted "No funds shall be deposited in

such 'Indian money, proceeds of labor' (IMPL) accounts after

September 30, 1982" for "On September 30, 1982, the balance of such

accounts (except for the funds held in trust for Indian tribes or

individuals, and not to exceed $10,000,000 which shall be available

until expended by eligible tribes for purposes approved by the

Bureau of Indian Affairs) shall be deposited into miscellaneous

receipts of the Treasury to offset outlays of the Bureau of Indian

Affairs and thereafter no funds shall be deposited in such accounts

other than funds held in trust for Indian tribes or individuals"

and inserted provisions that the unobligated balance in IMPL

accounts as of the close of business on September 30, 1982,

including the income resulting from the investment of funds from

such accounts prior to such date, be transferred to and held in

escrow accounts at the locations of the IMPL accounts from which

they are transferred, that Funds in such escrow accounts may be

invested as provided in section 162a of this title and the

investment income added to such accounts, that the Secretary

determine no later than September 30, 1985 (after consultation with

appropriate tribes and individual Indians) the extent to which the

funds held in such escrow accounts represent income from the

investment of special deposits relating to specific tribes or

individual Indians, that upon such a determination by the Secretary

and express acceptance of the determination by the beneficiary, the

Secretary transfer such funds to trust accounts for such tribes or

individual Indians, that not more than ten percent of the funds

transferred to trust accounts for any tribe or individual Indian

under this provision be utilized to pay for legal or other

representation relating to claims for such funds, that not to

exceed two percent of the funds transferred from the IMPL accounts

be available to reimburse the Bureau of Indian Affairs for

administrative expenses incurred in determining ownership of the

funds, that acceptance of a determination by the Secretary and the

transfer of funds under this provision constitute a complete

release and waiver of any and all claims by the beneficiary against

the United States relating to the unobligated balance of IMPL

accounts as of the close of business on September 30, 1982, that

during the period of October 1, 1985 through September 30, 1987, or

earlier if determination on ownership and appropriate fund

transfers has been completed, the funds remaining in such escrow

accounts may be expended subject to the approval of the Secretary

under section 13 of this title and requested by the respective

governing bodies of the tribes, and that the unobligated balances

of escrow accounts as of the close of business on September 30,

1987, be deposited into miscellaneous receipts of the Treasury.

-End-

-CITE-

25 USC Sec. 156 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 156. Deposit of funds from sales of lands and property of Five

Civilized Tribes

-STATUTE-

The net receipts from the sales of surplus and unallotted lands

and other tribal property belonging to any of the Five Civilized

Tribes, after deducting the necessary expense of advertising and

sale, may be deposited in national or State banks in the State of

Oklahoma in the discretion of the Secretary of the Interior, such

depositories to be designated by him under such rules and

regulations governing the rate of interest thereon, the time of

deposit and withdrawal thereof, and the security therefor, as he

may prescribe. The interest accruing on such funds may be used to

defray the expense of the per capita payments of such funds.

-SOURCE-

(Mar. 3, 1911, ch. 210, Sec. 17, 36 Stat. 1070.)

-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. 157 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 157. Investments of stock required by treaties

-STATUTE-

All investments of stock, that are or may be required by treaties

with the Indians, shall be made under the direction of the

President; and special accounts of the funds under such treaties

shall be kept at the Treasury, and statements thereof be annually

laid before Congress.

-SOURCE-

(R.S. Sec. 2095.)

-COD-

CODIFICATION

R.S. Sec. 2095 derived from act Jan. 9, 1837, ch. 1, Sec. 3, 5

Stat. 135.

-End-

-CITE-

25 USC Sec. 158 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 158. Investment of proceeds of lands

-STATUTE-

The Secretary of the Interior shall invest in a manner which

shall be in his judgment most safe and beneficial for the fund, all

moneys that may be received under treaties containing stipulations

for the payment to the Indians, annually, of interest upon the

proceeds of the lands ceded by them; and he shall make no

investment of such moneys, or of any portion, at a lower rate of

interest than 5 per centum per annum.

-SOURCE-

(R.S. Sec. 2096.)

-COD-

CODIFICATION

R.S. Sec. 2096 derived from act Jan. 9, 1837, ch. 1, Sec. 4, 5

Stat. 135.

-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. 159 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 159. Moneys due incompetents or orphans

-STATUTE-

The Secretary of the Interior is directed to cause settlements to

be made with all persons appointed by the Indian councils to

receive moneys due to incompetent or orphan Indians, and to require

all moneys found to be due to such incompetent or orphan Indians to

be returned to the Treasury; and all moneys so returned shall bear

interest at the rate of 6 per centum per annum, until paid by order

of the Secretary of the Interior to those entitled to the same. No

money shall be paid to any person appointed by any Indian council

to receive moneys due to incompetent or orphan Indians, but the

same shall remain in the Treasury of the United States until

ordered to be paid by the Secretary to those entitled to receive

the same, and shall bear 6 per centum interest until so paid.

-SOURCE-

(R.S. Sec. 2108.)

-COD-

CODIFICATION

R.S. Sec. 2108 derived from act July 5, 1862, ch. 135, Sec. 6, 12

Stat. 529.

-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. 160 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 160. Custody of stocks or bonds held in trust for tribes

-STATUTE-

All stocks, bonds, or other securities or evidences of

indebtedness held by the Secretary of the Interior on June 10,

1876, in trust for the benefit of certain Indian tribes shall,

within thirty days from that date, be transferred to the Treasurer

of the United States, who shall become the custodian thereof; and

it shall be the duty of said Treasurer to collect all interest

falling due on said bonds, stocks, and so forth, and deposit the

same in the Treasury of the United States, and to issue

certificates of deposit therefor, in favor of the Secretary of the

Interior, as trustee for various Indian tribes. And the Treasurer

of the United States shall also become the custodian of all bonds

and stocks which may be purchased for the benefit of any Indian

tribe or tribes after the transfer of funds herein authorized, and

shall make all purchases and sales of bonds and stocks authorized

by treaty stipulations or by acts of Congress when requested so to

do by the Secretary of the Interior: Provided, That nothing in this

section shall in any manner impair or affect the supervisory and

appellate powers and duties in regard to Indian affairs which may

be vested in the Secretary of the Interior as trustee for various

Indian tribes, except as to the custody of said bonds and the

collection of interest thereon as hereinbefore mentioned.

-SOURCE-

(June 10, 1876, ch. 122, 19 Stat. 58.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury, with power to delegate, see Reorg. Plan

No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

25 USC Sec. 161 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 161. Deposit in Treasury of trust funds

-STATUTE-

The Secretary of the Interior is authorized to deposit, in the

Treasury of the United States, any and all sums held by him on

April 1, 1880, or which may be received by him, as Secretary of the

Interior and trustee of various Indian tribes, on account of the

redemption of United States bonds, or other stocks and securities

belonging to the Indian trust fund, and all sums received on

account of sales of Indian trust lands, and the sales of stocks

lately purchased for temporary investment, whenever he is of the

opinion that the best interests of the Indians will be promoted by

such deposits, in lieu of investments; and the United States shall

pay interest semiannually, from the date of deposit of any and all

such sums in the United States Treasury, at the rate per annum

stipulated by treaties or prescribed by law, and such payments

shall be made in the usual manner, as each may become due, without

further appropriation by Congress.

-SOURCE-

(Apr. 1, 1880, ch. 41, 21 Stat. 70.)

-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-

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation provided for in the last

clause of this section under the title "Interest on Indian trust

funds" effective July 1, 1935, and provided that such portions of

any Acts as make permanent appropriations to be expended under such

account are amended so as to authorize, in lieu thereof, annual

appropriations from the general fund of the Treasury in identical

terms and in such amounts as now provided by the laws providing

such permanent appropriations.

-End-

-CITE-

25 USC Sec. 161a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 161a. Tribal funds in trust in Treasury Department; investment

by Secretary of the Treasury; maturities; interest; funds held in

trust for individual Indians

-STATUTE-

(a) All funds held in trust by the United States and carried in

principal accounts on the books of the United States Treasury to

the credit of Indian tribes shall be invested by the Secretary of

the Treasury, at the request of the Secretary of the Interior, in

public debt securities with maturities suitable to the needs of the

fund involved, as determined by the Secretary of the Interior, and

bearing interest at rates determined by the Secretary of the

Treasury, taking into consideration current market yields on

outstanding marketable obligations of the United States of

comparable maturities.

(b) All funds held in trust by the United States and carried in

principal accounts on the books of the United States Treasury to

the credit of individual Indians shall be invested by the Secretary

of the Treasury, at the request of the Secretary of the Interior,

in public debt securities with maturities suitable to the needs of

the fund involved, as determined by the Secretary of the Interior,

and bearing interest at rates determined by the Secretary of the

Treasury, taking into consideration current market yields on

outstanding marketable obligations of the United States of

comparable securities.

-SOURCE-

(Feb. 12, 1929, ch. 178, Sec. 1, 45 Stat. 1164; June 13, 1930, ch.

483, 46 Stat. 584; Pub. L. 98-451, Oct. 4, 1984, 98 Stat. 1729;

Pub. L. 103-412, title I, Sec. 103(a), Oct. 25, 1994, 108 Stat.

4241.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-412 designated existing provisions as subsec.

(a) and added subsec. (b).

1984 - Pub. L. 98-451 amended section generally, substituting

provisions directing that all funds held in trust by the United

States and carried in principal accounts on the books of the United

States Treasury to the credit of Indian tribes be invested by the

Secretary of the Treasury, at the request of the Secretary of the

Interior, in public debt securities with maturities suitable to the

needs of the fund involved, as determined by the Secretary of the

Interior, and bearing interest at rates determined by the Secretary

of the Treasury, taking into consideration current market yields on

outstanding marketable obligations of the United States of

comparable maturities for provisions which required that all funds

with account balances exceeding $500 held in trust by the United

States and carried in principal accounts on the books of the

Treasury Department to the credit of Indian tribes, upon which

interest was not otherwise authorized by law, bear simple interest

at the rate of 4 per centum per annum.

1930 - Act June 13, 1930, amended section generally.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 103(d) of Pub. L. 103-412 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

interest earned on amounts deposited or invested on or after the

date of the enactment of this Act [Oct. 25, 1994]."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury, with power to delegate, see Reorg. Plan

No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, 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 161d, 672, 1776d of this

title.

-End-

-CITE-

25 USC Sec. 161b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 161b. "Indian Money, Proceeds of Labor" fund; separate

accounts for respective tribes; rate of interest

-STATUTE-

All tribal funds arising under section 155 of this title on June

13, 1930, included in the fund "Indian Money, Proceeds of Labor",

shall, on and after July 1, 1930, be carried on the books of the

Treasury Department in separate accounts for the respective tribes,

and all such funds with account balances exceeding $500 shall bear

simple interest at the rate of 4 per centum per annum from July 1,

1930.

-SOURCE-

(Feb. 12, 1929, ch. 178, Sec. 2, as added June 13, 1930, ch. 483,

46 Stat. 584.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 161d, 672 of this title.

-End-

-CITE-

25 USC Sec. 161c 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 161c. Surplus above requirements of fund; transfer to surplus

fund of Treasury; retransfer

-STATUTE-

The amount held in any tribal fund account which, in the judgment

of the Secretary of the Interior, is not required for the purpose

for which the fund was created, shall be covered into the surplus

fund of the Treasury; and so much thereof as is found to be

necessary for such purpose may at any time thereafter be restored

to the account on books of the Treasury without appropriation by

Congress.

-SOURCE-

(Feb. 12, 1929, ch. 178, Sec. 3, as added June 13, 1930, ch. 483,

46 Stat. 584.)

-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 161d, 672 of this title.

-End-

-CITE-

25 USC Sec. 161d 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 161d. Disposition of accrued interest

-STATUTE-

The interest accruing on Indian tribal funds under sections 161a

to 161c of this title shall be subject to the same disposition as

prescribed by existing law for the respective principal funds.

-SOURCE-

(Feb. 12, 1929, ch. 178, Sec. 4, as added June 13, 1930, ch. 483,

46 Stat. 584.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 672 of this title.

-End-

-CITE-

25 USC Sec. 162 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 162. Repealed. June 24, 1938, ch. 648, Sec. 2, 52 Stat. 1037

-MISC1-

Section, act May 25, 1918, ch. 86, Sec. 28, 40 Stat. 591, related

to segregation, deposit, and investment of tribal funds. See

section 162a of this title.

-End-

-CITE-

25 USC Sec. 162a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 162a. Deposit of tribal funds in banks; bond or collateral

security; investments; collections from irrigation projects;

affirmative action required

-STATUTE-

(a) Deposit of tribal trust funds in banks

The Secretary of the Interior is hereby authorized in his

discretion, and under such rules and regulations as he may

prescribe, to withdraw from the United States Treasury and to

deposit in banks to be selected by him the common or community

funds of any Indian tribe which are, or may hereafter be, held in

trust by the United States and on which the United States is not

obligated by law to pay interest at higher rates than can be

procured from the banks. The said Secretary is also authorized,

under such rules and regulations as he may prescribe, to withdraw

from the United States Treasury and to deposit in banks to be

selected by him the funds held in trust by the United States for

the benefit of individual Indians: Provided, That no individual

Indian money shall be deposited in any bank until the bank shall

have agreed to pay interest thereon at a reasonable rate, subject,

however, to the regulations of the Board of Governors of the

Federal Reserve System in the case of member banks, and of the

Board of Directors of the Federal Deposit Insurance Corporation in

the case of insured nonmember banks, except that the payment of

interest may be waived in the discretion of the Secretary of the

Interior on any deposit which is payable on demand: Provided

further, That no tribal or individual Indian money shall be

deposited in any bank until the bank shall have furnished an

acceptable bond or pledged collateral security therefor in the form

of any public-debt obligations of the United States and any bonds,

notes, or other obligations which are unconditionally guaranteed as

to both interest and principal by the United States, except that no

such bond or collateral shall be required to be furnished by any

such bank which is entitled to the benefits of section 12B of the

Federal Reserve Act, with respect to any deposits of such tribal or

individual funds to the extent that such deposits are insured under

such section: Provided, however, That nothing contained in this

section, or in section 12B of the Federal Reserve Act, shall

operate to deprive any Indian having unrestricted funds on deposit

in any such bank of the full protection afforded by section 12B of

the Federal Reserve Act, irrespective of any interest such Indian

may have in any restricted Indian funds on deposit in the same bank

to the credit of a disbursing agent of the United States. For the

purpose of this section and said Act, said unrestricted funds shall

constitute a separate and distinct basis for an insurance claim:

Provided further, That the Secretary of the Interior, if he deems

it advisable and for the best interest of the Indians, may invest

the trust funds of any tribe or individual Indian in any

public-debt obligations of the United States and in any bonds,

notes, or other obligations which are unconditionally guaranteed as

to both interest and principal by the United States: And provided

further, That the foregoing shall apply to the funds of the Osage

Tribe of Indians, and the individual members thereof, only with

respect to the deposit of such funds in banks.

(b) Investment of collections from irrigation projects and power

operations on irrigation projects

The Secretary of the Interior is authorized to invest any

operation and maintenance collections from Indian irrigation

projects and revenue collections from power operations on Indian

irrigation projects in -

(1) any public-debt obligations of the United States;

(2) any bonds, notes, or other obligations which are

unconditionally guaranteed as to both principal and interest by

the United States; or

(3) any obligations which are lawful investments for trust

funds under the authority or control of the United States.

The Secretary of the Interior is authorized to use earning (!1)

from investments under this subsection to pay operation and

maintenance expenses of the project involved.

(c) Investment of tribal trust funds in public debt obligations

(1) Notwithstanding subsection (a) of this section, the Secretary

of the Interior, at the request of any Indian tribe, in the case of

trust funds of such tribe, or any individual Indian, in the case of

trust funds of such individual, is authorized to invest such funds,

or any part thereof, in guaranteed or public debt obligations of

the United States or in a mutual fund, otherwise known as an

open-ended diversified investment management company if -

(A) the portfolio of such mutual fund consists entirely of

public-debt obligations of the United States, or bonds, notes, or

other obligations which are unconditionally guaranteed as to both

interest and principal by the United States, or a combination

thereof;

(B) the trust funds to be invested exceed $50,000;

(C) the mutual fund is registered by the Securities and

Exchange Commission; and

(D) the Secretary is satisfied with respect to the security and

protection provided by the mutual fund against loss of the

principal of such trust funds.

(2) The Secretary, as a condition to complying with a request

pursuant to paragraph (1) of this subsection, is authorized to

require such tribe or individual Indian, as the case may be, to

enter into an agreement with the Secretary for the purpose of

relieving the United States of any liability in connection with the

interest, or amount thereof, payable in connection with such trust

funds so invested during the period of that investment.

(3) Investments pursuant to paragraph (1) of this subsection

shall be deemed to be the same as cash or a bank deposit for

purposes of section 955 of this title.

(d) Trust responsibilities of Secretary of the Interior

The Secretary's proper discharge of the trust responsibilities of

the United States shall include (but are not limited to) the

following:

(1) Providing adequate systems for accounting for and reporting

trust fund balances.

(2) Providing adequate controls over receipts and

disbursements.

(3) Providing periodic, timely reconciliations to assure the

accuracy of accounts.

(4) Determining accurate cash balances.

(5) Preparing and supplying account holders with periodic

statements of their account performance and with balances of

their account which shall be available on a daily basis.

(6) Establishing consistent, written policies and procedures

for trust fund management and accounting.

(7) Providing adequate staffing, supervision, and training for

trust fund management and accounting.

(8) Appropriately managing the natural resources located within

the boundaries of Indian reservations and trust lands.

-SOURCE-

(June 24, 1938, ch. 648, Sec. 1, 52 Stat. 1037; Pub. L. 98-146,

title I, Nov. 4, 1983, 97 Stat. 929; Pub. L. 101-644, title III,

Sec. 302, Nov. 29, 1990, 104 Stat. 4667; Pub. L. 103-412, title I,

Secs. 101, 103(b), (c), Oct. 25, 1994, 108 Stat. 4240, 4241.)

-REFTEXT-

REFERENCES IN TEXT

Section 12B of the Federal Reserve Act, referred to in subsec.

(a), formerly classified to section 264 of Title 12, Banks and

Banking, has been withdrawn from the Federal Reserve Act and

incorporated in the Federal Deposit Insurance Act which is

classified to chapter 16 (Sec. 1811 et seq.) of Title 12.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-412, Sec. 103(b), inserted "to

withdraw from the United States Treasury and" after "prescribe," in

second sentence.

Subsecs. (b), (c). Pub. L. 103-412, Sec. 103(c), redesignated

subsec. (b), relating to investment of trust funds, as (c).

Subsec. (d). Pub. L. 103-412, Sec. 101, added subsec. (d).

1990 - Subsec. (a). Pub. L. 101-644, which directed the

designation of existing provisions as subsec. (a) and the addition

of subsec. (b), was executed by adding subsec. (b) relating to

investment of trust funds. See 1983 Amendment note below.

1983 - Pub. L. 98-146 designated existing provisions as subsec.

(a) and added subsec. (b).

REPEAL OF INCONSISTENT PROVISIONS AND CONSTRUCTION WITH OTHER LAWS

Section 2 of act June 24, 1938, repealed act May 25, 1918, ch.

86, Sec. 28, 40 Stat. 591, which was contained in former section

162 of this title, and all other inconsistent acts.

Section 3 of act June 24, 1938, provided: "Nothing contained in

this act shall be construed as affecting the provisions of the

Federal Reserve Act or regulations issued thereunder relating to

the payment of interest on deposits."

-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 155b, 1300i-3, 1724,

1754, 1773d, 1776h, 1777c, 4011 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "earnings".

-End-

-CITE-

25 USC Sec. 163 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 163. Roll of membership of Indian tribes

-STATUTE-

The Secretary of the Interior is authorized, wherever in his

discretion such action would be for the best interest of the

Indians, to cause a final roll to be made of the membership of any

Indian tribe; such rolls shall contain the ages and quantum of

Indian blood, and when approved by the said Secretary are declared

to constitute the legal membership of the respective tribes for the

purpose of segregating the tribal funds as provided in section 162

(!1) of this title, and shall be conclusive both as to ages and

quantum of Indian blood: Provided, That the foregoing shall not

apply to the Five Civilized Tribes or to the Osage Tribe of

Indians, or to the Chippewa Indians of Minnesota, or the Menominee

Indians of Wisconsin.

-SOURCE-

(June 30, 1919, ch. 4, Sec. 1, 41 Stat. 9.)

-REFTEXT-

REFERENCES IN TEXT

Section 162 of this title, referred to in text, was repealed by

act June 24, 1938, ch. 648, Sec. 2, 52 Stat. 1037. See section 162a

of this title.

-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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

25 USC Sec. 164 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 164. Restoration to tribal ownership of unclaimed per capita

and other individual payments of tribal trust funds; deposit in

general fund of the Treasury

-STATUTE-

Unless otherwise specifically provided by law, the share of an

individual member of an Indian tribe or group in a per capita or

other distribution, individualization, segregation, or proration of

Indian tribal or group funds held in trust by the United States, or

in an annuity payment under a treaty, heretofore or hereafter

authorized by law, and any interest earned on such share that is

properly creditable to the individual shall be restored to tribal

ownership if for any reason such share cannot be paid to the

individual entitled thereto and remains unclaimed for a period of

six years from the date of the administrative directive to make the

payment, or one year from September 22, 1961, whichever occurs

later: Provided, That if such individual is a member of an Indian

tribe or group that has no governing body recognized by the

Secretary of the Interior as authorized to act on behalf of the

tribe or group, such unpaid share and interest shall be regarded as

not capable of restoration to a tribal or group entity and shall be

deposited in the general fund of the Treasury of the United States.

-SOURCE-

(Pub. L. 87-283, Sec. 1, Sept. 22, 1961, 75 Stat. 584.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 165, 1401 of this title.

-End-

-CITE-

25 USC Sec. 165 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 165. Notice to Congressional committees

-STATUTE-

The Secretary shall not restore to tribal ownership or deposit in

the general fund of the Treasury any funds pursuant to section 164

of this title and this section until sixty calendar days (exclusive

of days on which either the Senate or the House of Representatives

is not in session because of an adjournment of more than three days

to a day certain) after he has submitted notice of his proposed

action to the Committee on Energy and Natural Resources of the

Senate and the Committee on Natural Resources of the House of

Representatives unless each of said committees has theretofore

notified him that it has no objection to the proposed action.

-SOURCE-

(Pub. L. 87-283, Sec. 2, Sept. 22, 1961, 75 Stat. 584; Pub. L.

103-437, Sec. 10(b), Nov. 2, 1994, 108 Stat. 4589.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1401 of this title.

-End-

-CITE-

25 USC Sec. 166 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS

-HEAD-

Sec. 166. Applicability of Federal Advisory Committee Act

-STATUTE-

The activities of the Department of the Interior associated with

the Department's consultation with Indian tribes and organizations

related to the management of funds held in trust by the United

States for Indian tribes shall be exempt from the Federal Advisory

Committee Act (5 U.S.C. App.).

-SOURCE-

(Pub. L. 103-435, Sec. 19, Nov. 2, 1994, 108 Stat. 4574.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in text, is Pub.

L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out

in the Appendix to Title 5, Government Organization and Employees.

-End-