Legislación
US (United States) Code. Title 25. Chapter 4: Performance by US (United States) of obligations to indians
-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 Omitted or Repealed.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 Repealed.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 Repealed.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 Repealed.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
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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-
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| Idioma: | inglés |
| País: | Estados Unidos |
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