-CITE-

25 USC CHAPTER 5 - PROTECTION OF INDIANS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

CHAPTER 5 - PROTECTION OF INDIANS

-MISC1-

Sec.

171 to 173. Repealed.

174. Superintendence by President over tribes west of

Mississippi.

175. United States attorneys to represent Indians.

176. Survey of reservations.

177. Purchases or grants of lands from Indians.

178. Fees on behalf of Indian parties in contests under

public land laws.

179. Driving stock to feed on lands.

180. Settling on or surveying lands belonging to Indians by

treaty.

181. Rights of white men marrying Indian women; tribal

property.

182. Rights of Indian women marrying white men; tribal

property.

183. Marriage of white men to Indian women; evidence.

184. Rights of children born of marriages between white men

and Indian women.

185. Protection of Indians desiring civilized life.

186 to 189. Repealed or Omitted.

190. Sale of plants or tracts not needed for administrative

or allotment purposes.

191. Repealed.

192. Sale by agents of cattle or horses not required.

193. Proceedings against goods seized for certain

violations.

194. Trial of right of property; burden of proof.

195. Repealed.

196. Sale or other disposition of dead timber.

197. Disposition of dead timber on reservations in

Minnesota.

198. Contagious and infectious diseases; quarantine.

199. Access to records of Five Civilized Tribes.

199a. Custody of records; Oklahoma Historical Society.

200. Report of offense or case of Indian incarcerated in

agency jail.

201. Penalties; how recovered.

202. Inducing conveyances by Indians of trust interests in

lands.

-End-

-CITE-

25 USC Secs. 171 to 173 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Secs. 171 to 173. Repealed. May 21, 1934, ch. 321, 48 Stat. 787

-MISC1-

Section 171, R.S. Sec. 2111, related to imposition of a penalty

for sending seditious messages intending to contravene a United

States treaty or law.

Section 172, R.S. Sec. 2112, related to imposition of a penalty

for carrying seditious messages intending to contravene a United

States treaty or law.

Section 173, R.S. Sec. 2113, related to imposition of a penalty

for corresponding with foreign nations intending to incite Indians

to war.

-End-

-CITE-

25 USC Sec. 174 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 174. Superintendence by President over tribes west of

Mississippi

-STATUTE-

The President is authorized to exercise general superintendence

and care over any tribe or nation which was removed upon an

exchange of territory under authority of the act of May 28, 1830,

"to provide for an exchange of lands with the Indians residing in

any of the States or Territories, and for their removal west of the

Mississippi;" and to cause such tribe or nation to be protected, at

their new residence, against all interruption or disturbance from

any other tribe or nation of Indians, or from any other person or

persons whatever.

-SOURCE-

(R.S. Sec. 2114.)

-COD-

CODIFICATION

R.S. Sec. 2114 derived from act May 28, 1830, ch. 148, Secs. 7,

8, 4 Stat. 412.

-MISC1-

AMERICAN INDIAN POLICY REVIEW COMMISSION

Pub. L. 93-580, Jan. 2, 1975, 88 Stat. 1910, as amended by Pub.

L. 94-80, Secs. 1-4, Aug. 9, 1975, 89 Stat. 415, 416; Pub. L. 95-5,

Feb. 17, 1977, 91 Stat. 13, provided for the establishment,

membership, etc., of the American Indian Policy Review Commission,

and for investigations, studies, and a final report respecting

Indian tribal government affairs, with the Commission to cease to

exist three months after submission of the final report but not

later than June 30, 1977, and Congressional committee reports to

Congress within two years after referral to committee of the final

report by the President of the Senate and Speaker of the House.

-End-

-CITE-

25 USC Sec. 175 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 175. United States attorneys to represent Indians

-STATUTE-

In all States and Territories where there are reservations or

allotted Indians the United States attorney shall represent them in

all suits at law and in equity.

-SOURCE-

(Mar. 3, 1893, ch. 209, Sec. 1, 27 Stat. 631; June 25, 1948, ch.

646, Sec. 1, 62 Stat. 909.)

-CHANGE-

CHANGE OF NAME

"United States attorney" substituted in text for "United States

district attorney" on authority of act June 25, 1948. See section

541 of Title 28, Judiciary and Judicial Procedure.

-End-

-CITE-

25 USC Sec. 176 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 176. Survey of reservations

-STATUTE-

Whenever it becomes necessary to survey any Indian or other

reservations, or any lands, the same shall be surveyed under the

direction and control of the Bureau of Land Management, and as

nearly as may be in conformity to the rules and regulations under

which other public lands are surveyed.

-SOURCE-

(R.S. Sec. 2115; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-

CODIFICATION

R.S. Sec. 2115 derived from act Apr. 8, 1864, ch. 48, Sec. 6, 13

Stat. 41.

-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 powers and duties of the General Land

Office.

-End-

-CITE-

25 USC Sec. 177 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 177. Purchases or grants of lands from Indians

-STATUTE-

No purchase, grant, lease, or other conveyance of lands, or of

any title or claim thereto, from any Indian nation or tribe of

Indians, shall be of any validity in law or equity, unless the same

be made by treaty or convention entered into pursuant to the

Constitution. Every person who, not being employed under the

authority of the United States, attempts to negotiate such treaty

or convention, directly or indirectly, or to treat with any such

nation or tribe of Indians for the title or purchase of any lands

by them held or claimed, is liable to a penalty of $1,000. The

agent of any State who may be present at any treaty held with

Indians under the authority of the United States, in the presence

and with the approbation of the commissioner of the United States

appointed to hold the same, may, however, propose to, and adjust

with, the Indians the compensation to be made for their claim to

lands within such State, which shall be extinguished by treaty.

-SOURCE-

(R.S. Sec. 2116.)

-COD-

CODIFICATION

R.S. Sec. 2116 derived from act June 30, 1834, ch. 161, Sec. 12,

4 Stat. 730.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 941k, 1724, 1757, 1772c,

1774f, 1779c, 1779f of this title.

-End-

-CITE-

25 USC Sec. 178 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 178. Fees on behalf of Indian parties in contests under public

land laws

-STATUTE-

In contests initiated by or against Indians, to an entry, filing

or other claims, under the laws of Congress relating to public

lands for any sufficient cause affecting the legality or validity

of the entry, filing or claim, the fees to be paid by and on behalf

of the Indian party in any case shall be one-half of the fees

provided by law in such cases, and said fees shall be paid by the

Commissioner of Indian Affairs, with the approval of the Secretary

of the Interior, on an account stated by the proper land officers

through the Secretary of the Interior or such officer as he may

designate.

-SOURCE-

(Mar. 3, 1893, ch. 209, Sec. 1, 27 Stat. 631; 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.

"Secretary of the Interior or such officer as he may designate"

substituted in text for "Commissioner of the General Land Office"

on authority of section 403(d) and (e) of Reorg. Plan No. 3 of

1946, set out in the Appendix to Title 5, which abolished office of

Commissioner of General Land Office and transferred functions of

General Land Office to Secretary of the Interior or such officers

and agencies of Department of the Interior as he may designate.

-End-

-CITE-

25 USC Sec. 179 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 179. Driving stock to feed on lands

-STATUTE-

Every person who drives or otherwise conveys any stock of horses,

mules, or cattle, to range and feed on any land belonging to any

Indian or Indian tribe, without the consent of such tribe, is

liable to a penalty of $1 for each animal of such stock. This

section shall not apply to Creek lands.

-SOURCE-

(R.S. Sec. 2117; Mar. 1, 1901, ch. 676, Sec. 37, 31 Stat. 871; June

30, 1902, ch. 1323, Sec. 17, 32 Stat. 504.)

-COD-

CODIFICATION

R.S. Sec. 2117 derived from act June 30, 1834, ch. 161, Sec. 9, 4

Stat. 730.

-End-

-CITE-

25 USC Sec. 180 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 180. Settling on or surveying lands belonging to Indians by

treaty

-STATUTE-

Every person who makes a settlement on any lands belonging,

secured, or granted by treaty with the United States to any Indian

tribe, or surveys or attempts to survey such lands, or to designate

any of the boundaries by marking trees, or otherwise, is liable to

a penalty of $1,000. The President may, moreover, take such

measures and employ such military force as he may judge necessary

to remove any such person from the lands.

-SOURCE-

(R.S. Sec. 2118.)

-COD-

CODIFICATION

R.S. Sec. 2118 derived from act June 30, 1834, ch. 161, Sec. 11,

4 Stat. 730.

-End-

-CITE-

25 USC Sec. 181 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 181. Rights of white men marrying Indian women; tribal

property

-STATUTE-

No white man, not otherwise a member of any tribe of Indians, who

may after August 9, 1888, marry an Indian woman, member of any

Indian tribe in the United States, or any of its Territories except

the Five Civilized Tribes in the Indian Territory, shall by such

marriage after August 9, 1888, acquire any right to any tribal

property, privilege, or interest whatever to which any member of

such tribe is entitled.

-SOURCE-

(Aug. 9, 1888, ch. 818, Sec. 1, 25 Stat. 392.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 182 of this title.

-End-

-CITE-

25 USC Sec. 182 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 182. Rights of Indian women marrying white men; tribal

property

-STATUTE-

Every Indian woman, member of any such tribe of Indians, who may

be married after August 9, 1888, to any citizen of the United

States, is hereby declared to become by such marriage a citizen of

the United States, with all the rights, privileges, and immunities

of any such citizen, being a married woman: Provided, That nothing

in sections 181 to 183 of this title contained shall impair or in

any way affect the right or title of such married woman to any

tribal property or any interest therein.

-SOURCE-

(Aug. 9, 1888, ch. 818, Sec. 2, 25 Stat. 392.)

-End-

-CITE-

25 USC Sec. 183 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 183. Marriage of white men to Indian women; evidence

-STATUTE-

Whenever the marriage of any white man with any Indian woman, a

member of any such tribe of Indians, is required or offered to be

proved in any judicial proceeding, evidence of the admission of

such fact by the party against whom the proceeding is had, or

evidence of general repute, or of cohabitation as married persons,

or any other circumstantial or presumptive evidence from which the

fact may be inferred, shall be competent.

-SOURCE-

(Aug. 9, 1888, ch. 818, Sec. 3, 25 Stat. 392.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 181 of this title.

-End-

-CITE-

25 USC Sec. 184 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 184. Rights of children born of marriages between white men

and Indian women

-STATUTE-

All children born of a marriage solemnized prior to June 7, 1897,

between a white man and an Indian woman by blood and not by

adoption, where said Indian woman was on that date, or was at the

time of her death, recognized by the tribe, shall have the same

rights and privileges to the property of the tribe to which the

mother belongs, or belonged at the time of her death, by blood, as

any other member of the tribe, and no prior Act of Congress shall

be construed as to debar such child of such right.

-SOURCE-

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

-End-

-CITE-

25 USC Sec. 185 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 185. Protection of Indians desiring civilized life

-STATUTE-

Whenever any Indian, being a member of any band or tribe with

whom the Government has or shall have entered into treaty

stipulations, being desirous to adopt the habits of civilized life,

has had a portion of the lands belonging to his tribe allotted to

him in severalty, in pursuance of such treaty stipulations, the

agent and superintendent of such tribe shall take such measures,

not inconsistent with law, as may be necessary to protect such

Indian in the quiet enjoyment of the lands so allotted to him.

-SOURCE-

(R.S. Sec. 2119.)

-COD-

CODIFICATION

R.S. Sec. 2119 derived from act June 14, 1862, ch. 101, Sec. 1,

12 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.

-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. 186 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 186. Repealed. May 21, 1934, ch. 321, 48 Stat. 787

-MISC1-

Section, R.S. Sec. 2120, related to trespassing on lands of

civilized Indians.

-End-

-CITE-

25 USC Sec. 187 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 187. Omitted

-COD-

CODIFICATION

Section, R.S. Sec. 2121, which directed the Superintendent of

Indian Affairs to suspend a trespasser (as described in section 186

of this title) who is the chief or headman of a band or tribe from

his office for 3 months and to deprive him of all benefits and

emoluments of such office during that time but allowed the

Superintendent to restore him to his office sooner if the

Superintendent should so decide, was omitted in view of the repeal

of section 186 of this title.

-End-

-CITE-

25 USC Secs. 188, 189 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Secs. 188, 189. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(49), (50),

65 Stat. 703

-MISC1-

Section 188, R.S. Sec. 2122, related to sale of buildings

belonging to United States.

Section 189, R.S. Sec. 2123, related to sale of lands with

buildings.

-End-

-CITE-

25 USC Sec. 190 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 190. Sale of plants or tracts not needed for administrative or

allotment purposes

-STATUTE-

Subject to applicable regulations under the Federal Property and

Administrative Services Act of 1949, as amended,(!1) the Secretary

of the Interior is authorized in his discretion to sell and convey

by deed or patent, under such terms and conditions as he may

prescribe, at not less than their appraised value, nonreservation

Government tracts or plants or tribal administrative plants or

reserves, or parts thereof, not exceeding forty acres in area and

not exceeding $2,000 in value, not longer needed for Indian

administrative or allotment purposes, and small unallotted tracts

not exceeding forty acres, where a sale will serve the tribal

interests. All sales made under this section shall be at public

auction, to the highest and best bidder.

And the Secretary of the Interior is further authorized, where a

tract to be disposed of under this section or any other Act

authorizing the disposition of tribal lands requires survey as

basis for a deed or patent, to accept from the grantee, in addition

to the purchase price, an amount sufficient to cover the survey

costs.

The net proceeds of sale of any tribal site, plant, or tract

shall be deposited in the Treasury of the United States to the

credit of the Indians owning the same, to be disposed of for their

benefit in accordance with existing law.

-SOURCE-

(Apr. 12, 1924, ch. 93, 43 Stat. 93; Oct. 31, 1951, ch. 654, Sec.

2(16), 65 Stat. 707.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in text, is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-MISC1-

AMENDMENTS

1951 - Act Oct. 31, 1951, inserted reference to applicable

regulations of Federal Property and Administrative Services Act of

1949, as amended, at beginning of first par., and, in third par.,

struck out requirement that net proceeds of sales of

Government-owned nontribal plants or lands be deposited in Treasury

of United States.

-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. 191 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 191. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(51), 65 Stat.

703

-MISC1-

Section, acts July 1, 1898, ch. 545, Sec. 6, 30 Stat. 596; June

25, 1910, ch. 431, Sec. 22, 36 Stat. 861, related to transfer or

sale of Government property at reservations.

-End-

-CITE-

25 USC Sec. 192 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 192. Sale by agents of cattle or horses not required

-STATUTE-

The agent of each tribe of Indians, lawfully residing in the

Indian country, is authorized to sell for the benefit of such

Indians any cattle, horses, or other livestock belonging to the

Indians, and not required for their use and subsistence, under such

regulations as shall be established by the Secretary of the

Interior. But no such sale shall be made so as to interfere with

the execution of any order lawfully issued by the Secretary of the

Army, connected with the movement or subsistence of troops.

-SOURCE-

(R.S. Sec. 2127; July 26, 1947, ch. 343, title II, Sec. 205(a), 61

Stat. 501.)

-COD-

CODIFICATION

R.S. Sec. 2127 derived from act Mar. 3, 1865, ch. 127, Sec. 9, 13

Stat. 563.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-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. 193 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 193. Proceedings against goods seized for certain violations

-STATUTE-

When goods or other property shall be seized for any violation of

title 28 of the Revised Statutes it shall be lawful for the person

prosecuting on behalf of the United States to proceed against such

goods, or other property, in the manner directed to be observed in

the case of goods, wares, or merchandise brought into the United

States in violation of the revenue laws.

-SOURCE-

(R.S. Sec. 2125.)

-REFTEXT-

REFERENCES IN TEXT

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

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

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

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

-COD-

CODIFICATION

R.S. Sec. 2125 derived from act June 30, 1834, ch. 161, Sec. 28,

4 Stat. 734.

-End-

-CITE-

25 USC Sec. 194 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 194. Trial of right of property; burden of proof

-STATUTE-

In all trials about the right of property in which an Indian may

be a party on one side, and a white person on the other, the burden

of proof shall rest upon the white person, whenever the Indian

shall make out a presumption of title in himself from the fact of

previous possession or ownership.

-SOURCE-

(R.S. Sec. 2126.)

-COD-

CODIFICATION

R.S. Sec. 2126 derived from act June 30, 1834, ch. 161, Sec. 22,

4 Stat. 733.

-End-

-CITE-

25 USC Sec. 195 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 195. Repealed. Aug. 15, 1953, ch. 506, Sec. 2(b), 67 Stat. 590

-MISC1-

Section, act July 4, 1884, ch. 180, Sec. 1, 23 Stat. 94, related

to sale of cattle purchased by Government to nontribal members.

-End-

-CITE-

25 USC Sec. 196 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 196. Sale or other disposition of dead timber

-STATUTE-

The President of the United States may from year to year in his

discretion under such regulations as he may prescribe authorize the

Indians residing on reservations or allotments, the fee to which

remains in the United States, to fell, cut, remove, sell or

otherwise dispose of the dead timber standing, or fallen, on such

reservation or allotment for the sole benefit of such Indian or

Indians. But whenever there is reasonable cause to believe that

such timber has been killed, burned, girdled, or otherwise injured

for the purpose of securing its sale under this section then in

that case such authority shall not be granted.

-SOURCE-

(Feb. 16, 1889, ch. 172, 25 Stat. 673.)

-End-

-CITE-

25 USC Sec. 197 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 197. Disposition of dead timber on reservations in Minnesota

-STATUTE-

The Secretary of the Interior may in his discretion, from year to

year, under such regulations as he may prescribe, authorize the

Indians residing on any Indian reservation in the State of

Minnesota, whether the same has been allotted in severalty or is

still unallotted, to fell, cut, remove, sell, or otherwise dispose

of the dead timber, standing or fallen on such reservation or any

part thereof, for the sole benefit of such Indians; and he may also

in like manner authorize the Chippewa Indians of Minnesota who have

any interest or right in the proceeds derived from the sales of

ceded Indian lands or the timber growing thereon, whereof the fee

is still in the United States, to fell, cut, remove, or dispose of

the dead timber, otherwise than by sale, standing or fallen, on

such ceded land. But whenever there is reason to believe that such

dead timber in either case has been killed, burned, girdled, or

otherwise injured for the purpose of securing its sale under this

section, then in that case authority shall not be granted.

-SOURCE-

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

-MISC1-

CHIPPEWA RESERVATION AND CEDED LANDS IN MINNESOTA

Act June 27, 1902, ch. 1157, Sec. 4, 32 Stat. 404, provided:

"That so much of the Act of June seventh, eighteen hundred and

ninety-seven, entitled 'An Act making appropriations for the

current and contingent expenses of the Indian Department and

fulfilling treaty stipulations with various Indian tribes for the

fiscal year ending June thirtieth, eighteen hundred and

ninety-eight, and for other purposes,' as authorizes the sale of

dead timber, standing or fallen, under regulations prescribed by

the Secretary of the Interior, on the Chippewa reservations and

ceded lands in the State of Minnesota, is hereby repealed:

Provided, That nothing herein contained shall be held in any way to

affect contracts already entered into and now in force for the sale

and cutting of dead timber, standing or fallen, on said

reservations and ceded lands."

-End-

-CITE-

25 USC Sec. 198 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 198. Contagious and infectious diseases; quarantine

-STATUTE-

Whenever the Secretary of the Interior shall find any Indian

afflicted with tuberculosis, trachoma, or other contagious or

infectious diseases, he may, if in his judgment the health of the

afflicted Indian or that of other persons require it, isolate or

quarantine such afflicted Indian in a hospital or other place for

treatment. The Secretary of the Interior may employ such means as

may be necessary in the isolation, or quarantine, of such Indian,

and it shall be the duty of such Indian so afflicted to obey any

order or regulation made by the Secretary of the Interior in

carrying out this provision.

-SOURCE-

(Aug. 1, 1914, ch. 222, Sec. 1, 38 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.

-End-

-CITE-

25 USC Sec. 199 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 199. Access to records of Five Civilized Tribes

-STATUTE-

The Secretary of the Interior, or his accredited representative,

shall at all times have access to any books and records of the

Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes, whether

in possession of any of the officers of either of said tribes or

any officer or custodian thereof, of the State of Oklahoma.

-SOURCE-

(Mar. 1, 1907, ch. 2285, 34 Stat. 1027.)

-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. 199a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 199a. Custody of records; Oklahoma Historical Society

-STATUTE-

Title to records of Indian tribes heretofore placed with the

Oklahoma Historical Society of the State of Oklahoma by the

Secretary of the Interior shall remain vested in the United States

and such records shall be held by the said society under rules and

regulations prescribed by the Archivist of the United States:

Provided, That copies of any such records, documents, books, or

papers held by the said society when certified by the secretary or

chief clerk thereof under its seal, or by the officer or person

acting as secretary or chief clerk, shall be evidence equally with

the original, and in making such certified copies the said

secretary or acting secretary and the said chief clerk or acting

chief clerk shall be acting as a Federal agent, and such certified

copies shall have the same force and effect as if made by the

Archivist of the United States as provided in section 2116(b) of

title 44: Provided further, That whenever such certified copies are

desired for official use by the Federal Government they shall be

furnished without cost: Provided further, That any such records

held by the said society shall be promptly returned to the

Government official designated by the Archivist of the United

States upon his request therefor.

-SOURCE-

(Mar. 27, 1934, ch. 93, 48 Stat. 501; Oct. 25, 1951, ch. 562, Sec.

4(5), 65 Stat. 640; Pub. L. 98-497, title I, Sec. 107(i), Oct. 19,

1984, 98 Stat. 2292.)

-COD-

CODIFICATION

"Section 2116(b) of title 44" substituted in text for "section

509(b) of the Federal Records Act of 1950 (64 Stat. 583)" on

authority of section 2(b) of Pub. L. 90-620, Oct. 22, 1968, 82

Stat. 1305, the first section of which enacted Title 44, Public

Printing and Documents, and restated such section 509(b) as section

2112(b) of Title 44, and Pub. L. 98-497, title I, Sec. 102(a)(1),

Oct. 19, 1984, 98 Stat. 2280, which renumbered section 2112(b) as

2116(b).

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-497 substituted "Archivist of the United

States" for "Administrator of General Services" in three places.

1951 - Act Oct. 25, 1951, transferred control of Indian tribal

records, heretofore placed hereunder with Oklahoma Historical

Society, from Secretary of the Interior to Administrator of General

Services.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of

Title 44, Public Printing and Documents.

-End-

-CITE-

25 USC Sec. 200 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 200. Report of offense or case of Indian incarcerated in

agency jail

-STATUTE-

Whenever an Indian shall be incarcerated in an agency jail, or

any other place of confinement, on an Indian reservation or at an

Indian school, a report or record of the offense or case shall be

immediately submitted to the superintendent of the reservation or

such official or officials as he may designate, and such report

shall be made a part of the records of the agency office.

-SOURCE-

(Aug. 1, 1914, ch. 222, Sec. 1, 38 Stat. 586.)

-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. 201 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 201. Penalties; how recovered

-STATUTE-

All penalties which shall accrue under title 28 of the Revised

Statutes shall be sued for and recovered in an action in the nature

of an action of debt, in the name of the United States, before any

court having jurisdiction of the same, in any State or Territory in

which the defendant shall be arrested or found, the one half to the

use of the informer and the other half to the use of the United

States, except when the prosecution shall be first instituted on

behalf of the United States, in which case the whole shall be to

their use.

-SOURCE-

(R.S. Sec. 2124.)

-REFTEXT-

REFERENCES IN TEXT

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

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

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

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

-COD-

CODIFICATION

R.S. Sec. 2124 derived from act June 30, 1834, ch. 161, Sec. 27,

4 Stat. 733.

-End-

-CITE-

25 USC Sec. 202 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 5 - PROTECTION OF INDIANS

-HEAD-

Sec. 202. Inducing conveyances by Indians of trust interests in

lands

-STATUTE-

It shall be unlawful for any person to induce any Indian to

execute any contract, deed, mortgage, or other instrument

purporting to convey any land or any interest therein held by the

United States in trust for such Indian, or to offer any such

contract, deed, mortgage, or other instrument for record in the

office of any recorder of deeds. Any person violating this

provision shall be deemed guilty of a misdemeanor, and upon

conviction shall be punished by a fine not exceeding $500 for the

first offense, and if convicted for a second offense may be

punished by a fine not exceeding $500 or imprisonment not exceeding

one year, or by both such fine and imprisonment, in the discretion

of the court. This section shall not apply to any lease or other

contract authorized by law to be made.

-SOURCE-

(June 25, 1910, ch. 431, Sec. 5, 36 Stat. 857.)

-COD-

CODIFICATION

Section was formerly classified to section 115 of Title 18,

Criminal Code and Criminal Procedure, prior to the general revision

and enactment of Title 18, Crimes and Criminal Procedure, by act

June 25, 1948, ch. 645, Sec. 1, 62 Stat. 683.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

of this title.

-End-