-CITE- 25 USC TITLE 25 - INDIANS 01/02/2006 -EXPCITE- TITLE 25 - INDIANS -HEAD- TITLE 25 - INDIANS -MISC1- Chap. Sec. 1. Bureau of Indian Affairs 1 2. Officers of Indian Affairs 21 2A. Indian Claims Commission [Omitted or Repealed] 70 3. Agreements With Indians 71 4. Performance by United States of Obligations to Indians 91 5. Protection of Indians 171 6. Government of Indian Country and Reservations 211 7. Education of Indians 271 7A. Promotion of Social and Economic Welfare 305 8. Rights-of-way Through Indian Lands 311 9. Allotment of Indian Lands 331 10. Descent and Distribution; Heirs of Allottee 371 11. Irrigation of Allotted Lands 381 12. Lease, Sale, or Surrender of Allotted or Unallotted Lands 391 13. Ceded Indian Lands [Transferred] 421 14. Miscellaneous 441 15. Constitutional Rights of Indians 1301 16. Distribution of Judgment Funds 1401 17. Financing Economic Development of Indians and Indian Organizations 1451 18. Indian Health Care 1601 19. Indian Land Claims Settlements 1701 20. Tribally Controlled College or University Assistance 1801 21. Indian Child Welfare 1901 22. Bureau of Indian Affairs Programs 2000 23. Development of Tribal Mineral Resources 2101 24. Indian Land Consolidation 2201 25. Old Age Assistance Claims Settlement 2301 26. Indian Alcohol and Substance Abuse Prevention and Treatment 2401 27. Tribally Controlled School Grants 2501 28. Indian Education Program [Repealed] 2601 29. Indian Gaming Regulation 2701 30. Indian Law Enforcement Reform 2801 31. Native American Languages 2901 32. Native American Graves Protection and Repatriation 3001 33. National Indian Forest Resources Management 3101 34. Indian Child Protection and Family Violence Prevention 3201 35. Indian Higher Education Programs 3301 36. Indian Employment, Training and Related Services 3401 37. Indian Energy 3501 38. Indian Tribal Justice Support 3601 38A. Indian Tribal Justice Technical and Legal Assistance 3651 39. American Indian Agricultural Resource Management 3701 40. Indian Dams Safety 3801 41. Indian Lands Open Dump Cleanup 3901 42. American Indian Trust Fund Management Reform 4001 43. Native American Housing Assistance and Self-Determination 4101 44. Native American Business Development, Trade Promotion, and Tourism 4301 -End- -CITE- 25 USC CHAPTER 1 - BUREAU OF INDIAN AFFAIRS 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -MISC1- Sec. 1. Commissioner of Indian Affairs. 1a. Delegation of powers and duties by Secretary of the Interior and Commissioner of Indian Affairs. 2. Duties of Commissioner. 2a. Assistant or deputy commissioners; appointment; powers and duties. 3. Compilation of statutes regulating duties of Indian agents and inspectors. 4. Defective record of deeds and papers legalized. 5. Record of deeds by Indians requiring approval. 6. Seal; authenticated and certified documents; evidence. 7. Fees for furnishing certified copies of records. 8. Accounts for claims and disbursements. 9. Regulations by President. 10. Employee to sign letters. 11. Employee or employees to sign approval of tribal deeds. 12. Agent to negotiate commutation of annuities. 13. Expenditure of appropriations by Bureau. 13-1. Authorization of appropriations for funds for basic educational support through parent committees. 13a. Carryover funding. 13b. Payment of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, and schools; payment of rewards. 13c. Source of funds to pay cost of lunches for nonboarding public school students. 13d. Limits on use of appropriated funds by Bureau for general or other welfare assistance. 13d-1. Standards of need as basis for general assistance payments by Bureau of Indian Affairs; ratable reductions. 13d-2. Enrollment and general assistance payments. (a) In general. (b) Factors not to be considered. (c) No effect on other eligibility requirements. 13d-3. Tribal authority to change eligibility for, or amount of, general assistance payments. 13e. Expenses of exhibits; advance payments for services; termination of Federal supervision; treaty expenses. 13f. Tribal priority allocations in Alaska. 14. Money accruing to Indians from Department of Veterans Affairs or other governmental agencies. 14a. Deposit of grant funds received by Bureau from other Federal agencies. 14b. Disposition of funds received from public for goods and services provided by Bureau of Indian Affairs. 15. Utility facilities used in administration of Bureau; contracts for sale, operation, maintenance, repair or relocation of facilities; terms and conditions; exception; Congressional approval. 16. Transportation of Indians in Bureau vehicles. 17. Use of Bureau facilities. (a) In general. (b) Scope of authority. (c) Limitation of liability. NATIONAL COUNCIL ON INDIAN OPPORTUNITY; APPROPRIATIONS AUTHORIZATION; TERMINATION DATE Pub. L. 91-125, Nov. 26, 1969, 83 Stat. 220, provided for annual appropriations of $300,000 and a termination date of Nov. 26, 1974 for the National Council on Indian Opportunity which was established by Ex. Ord. 11399. -EXEC- EXECUTIVE ORDER NO. 11399 Ex. Ord. No. 11399, Mar. 6, 1968, 33 F.R. 4245, as amended by Ex. Ord. 11551, Aug. 11, 1970, 35 F.R. 12885; Ex. Ord. No. 11688, Dec. 1, 1972, 37 F.R. 25815, established the National Council on Indian Opportunity and provided for the functions, compensation, assistance, and meetings with respect to the Council. -End- -CITE- 25 USC Sec. 1 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 1. Commissioner of Indian Affairs -STATUTE- There shall be in the Department of the Interior a Commissioner of Indian Affairs, who shall be appointed by the President, by and with the advice and consent of the Senate. -SOURCE- (R.S. Sec. 462.) -COD- CODIFICATION R.S. Sec. 462 derived from act July 9, 1832, ch. 174, Sec. 1, 4 Stat. 564. Provisions of this section relating to compensation of the Commissioner were omitted as obsolete. The position is in level V of the Executive Schedule under section 5316 of Title 5, Government Organization and Employees. -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. 1a 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 1a. Delegation of powers and duties by Secretary of the Interior and Commissioner of Indian Affairs -STATUTE- For the purpose of facilitating and simplifying the administration of the laws governing Indian affairs, the Secretary of the Interior is authorized to delegate, from time to time, and to the extent and under such regulations as he deems proper, his powers and duties under said laws to the Commissioner of Indian Affairs, insofar as such powers and duties relate to action in individual cases arising under general regulations promulgated by the Secretary of the Interior pursuant to law. Subject to the supervision and direction of the Secretary, the Commissioner is authorized to delegate, in like manner, any powers and duties so delegated to him by the Secretary, or vested in him by law, to the assistant commissioners, or the officer in charge of any branch, division, office, or agency of the Bureau of Indian Affairs, insofar as such powers and duties relate to action in individual cases arising under general regulations promulgated by the Secretary of the Interior or the Commissioner of Indian Affairs pursuant to law. Such delegated powers shall be exercised subject to appeal to the Secretary, under regulations to be prescribed by him, or, as from time to time determined by him, to the Deputy Secretary or to an Assistant Secretary of the Department of the Interior, or to the Commissioner of Indian Affairs. The Secretary or the Commissioner, as the case may be, may at any time revoke the whole or any part of a delegation made pursuant to this section, but no such revocation shall be given retroactive effect. Nothing in this section shall be deemed to abrogate or curtail any authority to make delegations conferred by any other provision of law, nor shall anything in this section be deemed to convey authority to delegate any power to issue regulations. -SOURCE- (Aug. 8, 1946, ch. 907, 60 Stat. 939; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-509 substituted "Deputy Secretary" for "Under Secretary" before "or to an Assistant Secretary". EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on first day of first pay period beginning on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of the Interior, see section 529 [title I, Sec. 112(e)(1), (2)(B)] of Pub. L. 101-509, set out as a note under section 3404 of Title 20, Education. -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. -MISC2- ASSISTANT COMMISSIONERS An assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, Sec. 1, 38 Stat. 490. -End- -CITE- 25 USC Sec. 2 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 2. Duties of Commissioner -STATUTE- The Commissioner of Indian Affairs shall, under the direction of the Secretary of the Interior, and agreeably to such regulations as the President may prescribe, have the management of all Indian affairs and of all matters arising out of Indian relations. -SOURCE- (R.S. Sec. 463.) -COD- CODIFICATION R.S. Sec. 463 derived from acts July 9, 1832, ch. 174, Sec. 1, 4 Stat. 564; July 27, 1868, ch. 259, Sec. 1, 15 Stat. 228. -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. All supervisory and appellate powers and duties in regard to Indian affairs theretofore vested in Secretary of the Treasury were thereafter to be exercised and performed by Secretary of the Interior under provisions of section 1 of act July 27, 1868, ch. 259, 15 Stat. 228. Appointment by President of a Commissioner of Indian Affairs to act under direction of Secretary of War was provided for by section 1 of act July 9, 1832, ch. 174, 4 Stat. 564. -End- -CITE- 25 USC Sec. 2a 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 2a. Assistant or deputy commissioners; appointment; powers and duties -STATUTE- Assistant or deputy commissioners of the Bureau of Indian Affairs, in the Department of the Interior, shall be appointed by the Secretary of the Interior, subject to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5. Appointments to these positions shall be considered as made under the authority of section 3101 of title 5. Assistant and deputy commissioners so appointed shall be authorized to sign such letters, papers, and documents and to perform such other duties as may be directed by the commissioner of the Bureau of Indian Affairs. The Secretary may designate for the Bureau of Indian Affairs an assistant or deputy commissioner, who shall be authorized to perform the duties of the commissioner in case of the death, resignation, absence, or sickness of the commissioner. -SOURCE- (June 5, 1942, ch. 336, Sec. 1, 56 Stat. 312; 1946 Reorg. Plan No. 3, Sec. 403(d), eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972.) -REFTEXT- REFERENCES IN TEXT The civil-service laws, referred to in text, are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -COD- CODIFICATION "Chapter 51 and subchapter III of chapter 53 of title 5" and "section 3101 of title 5" substituted in text for "the Classification Act of 1949, as amended" and "section 169 of the Revised Statutes, as amended (5 U.S.C., sec. 43)", respectively, on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Section embodies only those provisions of section 1 of act June 5, 1942, which relate to the Bureau of Indian Affairs. Provisions of section 1 of such act relating to the General Land Office were classified to section 3a of Title 43, Public Lands, and were omitted from the Code pursuant to Reorg. Plan No. 3 of 1946. -MISC1- AMENDMENTS 1949 - Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923". REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. REPEAL OF INCONSISTENT LAWS Section 2 of act June 5, 1942, provided as follows: "All provisions of law inconsistent with this Act [this section] are hereby repealed to the extent of such inconsistency." -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. -MISC2- ASSISTANT COMMISSIONERS An assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, Sec. 1, 38 Stat. 490. -End- -CITE- 25 USC Sec. 3 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 3. Compilation of statutes regulating duties of Indian agents and inspectors -STATUTE- It shall be the duty of the Commissioner of Indian Affairs to cause to be compiled and printed for the use of Indian agents and inspectors the provisions of the statutes regulating the performance of their respective duties, and also to furnish said officers from time to time information of new enactments upon the same subject. -SOURCE- (May 17, 1882, ch. 163, Sec. 7, 22 Stat. 88.) -COD- CODIFICATION Section is from the Indian Appropriation Act, 1883. -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 There have been no Indian agents since 1908. See note under section 64 of this title. -End- -CITE- 25 USC Sec. 4 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 4. Defective record of deeds and papers legalized -STATUTE- The recording of all deeds and papers prior to July 26, 1892, in the office of the Commissioner of Indian Affairs is confirmed, approved, and legalized; and said record theretofore made shall be deemed, taken, and held to be good and valid and shall have all the force and effect and be entitled to the same credit as if it had been made in pursuance of and in conformity to law. But shall have no effect whatever upon the validity or invalidity of the deed or paper so recorded, and shall be no evidence of constructive notice to any persons not actually knowing the contents. -SOURCE- (July 26, 1892, ch. 256, Sec. 1, 27 Stat. 272.) -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. 5 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 5. Record of deeds by Indians requiring approval -STATUTE- The Commissioner of Indian Affairs is hereby empowered and directed to continue to make and keep a record of every deed executed by any Indian, his heirs, representatives, or assigns, which may require the approval of the President of the United States or of the Secretary of the Interior, whenever such approval shall have been given, and the deed so approved returned to said office. -SOURCE- (July 26, 1892, ch. 256, Sec. 2, 27 Stat. 273.) -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. 6 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 6. Seal; authenticated and certified documents; evidence -STATUTE- The Commissioner of Indian Affairs shall cause a seal to be made and provided for the said office, with such device as the President of the United States shall approve, and copies of any public documents, records, books, maps, or papers belonging to or on the files of said office, authenticated by the seal and certified by the Commissioner thereof, or by such officer as may, for the time being, be acting as or for such Commissioner, shall be evidence equally with the originals thereof. -SOURCE- (July 26, 1892, ch. 256, Sec. 3, 27 Stat. 273.) -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. 7 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 7. Fees for furnishing certified copies of records -STATUTE- The Commissioner of Indian Affairs shall have the custody of said seal, and shall furnish certified copies of any such records, books, maps, or papers belonging to or on the files of said office, to any person applying therefor who shall comply with the requirements of said office, upon the payment by such parties at the rate of 10 cents per hundred words, and $1 for copies of maps or plats, and the additional sum of 25 cents for the Commissioner's certificate of verification, with the seal of said office; and one of the employees of said office shall be designated by the Commissioner as the receiving clerk, and the amounts so received shall, under the direction of the Commissioner, be paid into the Treasury of the United States; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government or by any Indian who shall satisfy the Commissioner by satisfactory legal evidence that he or she is not able, by reason of poverty, to pay such fees, nor for such unverified copies as the Commissioner in his discretion may deem proper to furnish. -SOURCE- (July 26, 1892, ch. 256, Sec. 4, 27 Stat. 273; Pub. L. 92-310, title II, Sec. 229(b), June 6, 1972, 86 Stat. 208.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which required the receiving clerk to give a bond in the sum of $1,000. -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. 8 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 8. Accounts for claims and disbursements -STATUTE- All accounts and vouchers for claims and disbursements connected with Indian affairs shall be transmitted to the Commissioner for administrative examination, and by him passed to the Government Accountability Office for settlement. -SOURCE- (R.S. Sec. 464; June 10, 1921, ch. 18, title III, Sec. 304, 42 Stat. 24; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -COD- CODIFICATION R.S. Sec. 464 derived from act July 9, 1832, ch. 174, Sec. 3, 4 Stat. 564. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. "Government Accountability Office" substituted in text for "General Accounting Office" pursuant to section 8(b) of Pub. L. 108- 271, set out as a note under section 702 of Title 31, Money and Finance, which redesignated the General Accounting Office and any references thereto as the Government Accountability Office. Previously, "General Accounting Office" substituted in text for "proper accounting officer of the Department of the Treasury" 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. -End- -CITE- 25 USC Sec. 9 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 9. Regulations by President -STATUTE- The President may prescribe such regulations as he may think fit for carrying into effect the various provisions of any act relating to Indian affairs, and for the settlement of the accounts of Indian affairs. -SOURCE- (R.S. Sec. 465.) -COD- CODIFICATION R.S. Sec. 465 derived from act June 30, 1834, ch. 162, Sec. 17, 4 Stat. 738. -End- -CITE- 25 USC Sec. 10 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 10. Employee to sign letters -STATUTE- The Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may designate an employee of the Indian Office to sign letters of that office requiring the signature of the commissioner or assistant commissioner, and all signatures of such employee while acting under such designation shall have the same force and effect as if made by said commissioner or assistant commissioner. -SOURCE- (Mar. 3, 1909, ch. 263, 35 Stat. 783.) -COD- CODIFICATION Section is from the Indian Department Appropriation Act, 1910. -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. 11 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 11. Employee or employees to sign approval of tribal deeds -STATUTE- The Secretary of the Interior is authorized to designate an employee or employees of the Department of the Interior to sign, under the direction of the Secretary, in his name and for him, his approval of tribal deeds to allottees, to purchasers of town lots, to purchasers of unallotted lands, to persons, corporations, or organizations for lands reserved to them under the law for their use and benefit, and to any tribal deeds made and executed according to law for any of the Five Civilized Tribes of Indians in Oklahoma. -SOURCE- (Mar. 3, 1911, ch. 210, Sec. 17, 36 Stat. 1069.) -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. 12 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 12. Agent to negotiate commutation of annuities -STATUTE- The Commissioner of Indian Affairs is authorized to send a special Indian Agent, or other representative of his office, to visit any Indian tribe for the purpose of negotiating and entering into a written agreement with such tribe for the commutation of the perpetual annuities due under treaty stipulations, to be subject to the approval of Congress; and the Commissioner of Indian Affairs shall transmit to Congress said agreements with such recommendations as he may deem proper. -SOURCE- (Apr. 30, 1908, ch. 153, 35 Stat. 73.) -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. 13 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13. Expenditure of appropriations by Bureau -STATUTE- The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States for the following purposes: General support and civilization, including education. For relief of distress and conservation of health. For industrial assistance and advancement and general administration of Indian property. For extension, improvement, operation, and maintenance of existing Indian irrigation systems and for development of water supplies. For the enlargement, extension, improvement, and repair of the buildings and grounds of existing plants and projects. For the employment of inspectors, supervisors, superintendents, clerks, field matrons, farmers, physicians, Indian police, Indian judges, and other employees. For the suppression of traffic in intoxicating liquor and deleterious drugs. For the purchase of horse-drawn and motor-propelled passenger- carrying vehicles for official use. And for general and incidental expenses in connection with the administration of Indian affairs. Notwithstanding any other provision of this section or any other law, postsecondary schools administered by the Secretary of the Interior for Indians, and which meet the definition of an "institution of higher education" under section 101 of the Higher Education Act of 1965 [20 U.S.C. 1001], shall be eligible to participate in and receive appropriated funds under any program authorized by the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions. -SOURCE- (Nov. 2, 1921, ch. 115, 42 Stat. 208; Pub. L. 94-482, title IV, Sec. 410, Oct. 12, 1976, 90 Stat. 2233; Pub. L. 105-244, title I, Sec. 102(a)(8)(A), Oct. 7, 1998, 112 Stat. 1619.) -REFTEXT- REFERENCES IN TEXT The Higher Education Act of 1965, referred to in text, is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is classified principally to chapter 28 (Sec. 1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. -MISC1- AMENDMENTS 1998 - Pub. L. 105-244, which directed substitution of "101" for "1201" in the last paragraph of "section 410 of the Act entitled 'An Act authorizing appropriations and expenditures for the administration of Indian Affairs, and for other purposes', approved November 2, 1921 (25 U.S.C. 13) (commonly known as the Snyder Act)", was executed to last paragraph of this section, which is the act of Nov. 2, 1921, ch. 115, commonly known as the Snyder Act, to reflect the probable intent of Congress. This section was amended by section 410 of Pub. L. 94-482 to add the last paragraph. 1976 - Pub. L. 94-482 inserted provisions relating to postsecondary schools administered by the Secretary of the Interior for Indians. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105- 244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94-482, set out as a note under section 1001 of Title 20, Education. SHORT TITLE Act Nov. 2, 1921, which enacted this section, is popularly known as the "Snyder Act". -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. -MISC2- AVAILABILITY OF HOUSING IMPROVEMENT PROGRAM GRANT REPAYMENTS FOR PROGRAM OBLIGATIONS Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 714, provided: "That hereafter, notwithstanding any other provision of law, amounts collected from grantees by the Secretary as grant repayments required under the Secretary's regulations for the Housing Improvement Program shall be credited in the year collected and shall be available for obligation under the terms and conditions applicable to the Program under that year's appropriation". ALTERNATIVE METHODS FOR EQUITABLE DISTRIBUTION OF SUPPLEMENTAL PROGRAM FUNDS; DEVELOPMENT, PUBLICATION, ETC., OF FORMULA Pub. L. 95-561, title XI, Sec. 1102, Nov. 1, 1978, 92 Stat. 2316, provided that: "(a) The Secretary of the Interior shall develop alternative methods for the equitable distribution of any supplement program funds provided, pursuant to an appropriation under the Act of November 2, 1921, commonly referred to as the Snyder Act [this section], for contracting under the Act of April 16, 1934, commonly referred to as the Johnson-O'Malley Act [sections 452 to 457 of this title], and shall publish in the Federal Register by March 1, 1979, such alternatives for the purpose of allowing eligible tribes to comment by May 1, 1979. At that time, the Secretary shall conduct a field survey listing all alternative formula. "(b) By July 1, 1979, the Secretary shall establish and publish the formula in the Federal Register which the majority of such tribes determine, but vote certified to the Secretary, to be most equitable and shall use such formula for purposes of distribution of the funds appropriated pursuant to such Act beginning on or after October 1, 1979. The Secretary shall, in accordance with procedures consistent with that prescribed herein, revise such formula periodically as necessary". PAYMENTS FOR BASIC EDUCATIONAL SUPPORT GRANTS OR CONTRACTS; AUTHORIZATION; TIME Pub. L. 95-561, title XI, Sec. 1103(a), Nov. 1, 1978, 92 Stat. 2316, as amended by Pub. L. 96-46, Sec. 2(b)(1), Aug. 6, 1979, 93 Stat. 341, provided that payments for basic educational support grants or contracts for fiscal year 1978, including any fiscal year 1978 funds subsequently obligated in fiscal year 1979, were to be made under the authority of act Apr. 16, 1934, and set forth conditions, time, etc., for payments. -End- -CITE- 25 USC Sec. 13-1 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13-1. Authorization of appropriations for funds for basic educational support through parent committees -STATUTE- Such sums as are needed under section 13 of this title are authorized to be appropriated to provide funds for basic educational support through parent committees under the Act of April 16, 1934 [25 U.S.C. 452 et seq.], to those public schools educating Indian students and whose total sum of Federal, State, and local funds is insufficient to bring the education of the enrolled Indian students to a level equal to the level of education provided non-Indian students in the public schools in which they are enrolled where the absence of such support would result in the closing of schools or the reduction in quality of the education program afforded Indian students attending public schools. -SOURCE- (Pub. L. 95-561, title XI, Sec. 1103(b), Nov. 1, 1978, 92 Stat. 2316.) -REFTEXT- REFERENCES IN TEXT Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson- O'Malley Act, which is classified generally to section 452 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables. -MISC1- EFFECTIVE DATE Section effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95- 561, set out as an Effective Date of 1978 Amendment note under section 1221e-3 of Title 20, Education. -End- -CITE- 25 USC Sec. 13a 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13a. Carryover funding -STATUTE- Notwithstanding any other provision of law, any funds appropriated pursuant to section 13 of this title, for any fiscal year which are not obligated or expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation or expenditures during such succeeding fiscal year. In the case of amounts made available to a tribal organization under a self- determination contract, if the funds are to be expended in the succeeding fiscal year for the purpose for which they were originally appropriated, contracted or granted, or for which they are authorized to be used pursuant to the provisions of section 450j-1(a)(3) (!1) of this title, no additional justification or documentation of such purposes need be provided by the tribal organization to the Secretary as a condition of receiving or expending such funds. -SOURCE- (Pub. L. 93-638, Sec. 8, Jan. 4, 1975, 88 Stat. 2206; Pub. L. 100- 472, title I, Sec. 105, Oct. 5, 1988, 102 Stat. 2287.) -REFTEXT- REFERENCES IN TEXT Section 450j-1(a)(3) of this title, referred to in text, was repealed and a new subsec. (a)(3) of section 450j-1 was added by Pub. L. 103-413, title I, Sec. 102(14)(C), Oct. 25, 1994, 108 Stat. 4257. See section 450j-1(a)(4) of this title. -MISC1- AMENDMENTS 1988 - Pub. L. 100-472 amended section generally. Prior to amendment, section read as follows: "The provisions of any other laws to the contrary notwithstanding, any funds appropriated pursuant to section 13 of this title, for any fiscal year which are not obligated and expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 13b 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13b. Payment of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, and schools; payment of rewards -STATUTE- On and after October 12, 1984, funds appropriated under this or any other Act for the Bureau of Indian Affairs may be used for the payment in advance or from date or admission of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; and the payment of rewards for information or evidence concerning violations of law on Indian reservation lands or treaty fishing rights use areas. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1848.) -End- -CITE- 25 USC Sec. 13c 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13c. Source of funds to pay cost of lunches for nonboarding public school students -STATUTE- On and after October 12, 1984, any cost of providing lunches to nonboarding students in public schools from funds appropriated under this or any other Act for the Bureau of Indian Affairs shall be paid from the amount of such funds otherwise allocated for the schools involved without regard to the cost of providing lunches for such students. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1848.) -End- -CITE- 25 USC Sec. 13d 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13d. Limits on use of appropriated funds by Bureau for general or other welfare assistance -STATUTE- After September 30, 1985, no part of any appropriation (except trust funds) to the Bureau of Indian Affairs may be used directly or by contract for general or other welfare assistance (except child welfare assistance) payments (1) for other than essential needs (specifically identified in regulations of the Secretary or in regulations of the State public welfare agency pursuant to the Social Security Act [42 U.S.C. 301 et seq.] adopted by reference in the Secretary's regulations) which could not be reasonably expected to be met from financial resources or income (including funds held in trust) available to the recipient individual which are not exempted under law from consideration in determining eligibility for or the amount of Federal financial assistance or (2) for individuals who are eligible for general public welfare assistance available from a State except to the extent the Secretary of the Interior determines that such payments are required under sections 6(b)(2), 6(i), and 9(b) of the Maine Indian Claims Settlement Act of 1980 (94 Stat. 1793, 1794, 1796; 25 U.S.C. 1725(b)(2), 1725(i), 1728(b)). -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1848.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -End- -CITE- 25 USC Sec. 13d-1 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13d-1. Standards of need as basis for general assistance payments by Bureau of Indian Affairs; ratable reductions -STATUTE- General assistance payments made by the Bureau of Indian Affairs shall be made - (1) after April 29, 1985, and before October 1, 1995, on the basis of Aid to Families with Dependent Children (AFDC) standards of need; and (2) on and after October 1, 1995, on the basis of standards of need established under the State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.], except that where a State ratably reduces its AFDC or State program payments, the Bureau shall reduce general assistance payments in such State by the same percentage as the State has reduced the AFDC or State program payment. -SOURCE- (Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 338; Pub. L. 104-193, title I, Sec. 110(k), Aug. 22, 1996, 110 Stat. 2172.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in par. (2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -MISC1- AMENDMENTS 1996 - Pub. L. 104-193, Sec. 110(k), which directed the general amendment of the "4th proviso of chapter VII of title I of Public Law 99-88 (25 U.S.C. 13d-1)", was executed by amending this section, which is the 4th proviso under heading "Bureau of Indian Affairs" of chapter VII of title I of Pub. L. 99-88, to reflect the probable intent of Congress. Prior to amendment, this section read as follows: "General assistance payments made by the Bureau of Indian Affairs after April 29, 1985, shall be made on the basis of Aid to Families with Dependent Children (AFDC) standards of need except where a State ratably reduces AFDC payments in which event the Bureau shall reduce general assistance payments in such State by the same percentage as the State has reduced the AFDC payment." EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104-193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare. MAXIMUM ALLOWABLE PAYMENTS Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 732, provided in part: "That the levels established for general assistance by Public Law 99-88 (99 Stat. 388) [probably means Pub. L. 99-88, 99 Stat. 338, which enacted this section], are the maximum allowable payments." -End- -CITE- 25 USC Sec. 13d-2 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13d-2. Enrollment and general assistance payments -STATUTE- (a) In general The Secretary of the Interior shall not disqualify from continued receipt of general assistance payments from the Bureau of Indian Affairs an otherwise eligible Indian for whom the Bureau is making or may make general assistance payments (or exclude such an individual from continued consideration in determining the amount of general assistance payments for a household) because the individual is enrolled (and is making satisfactory progress toward completion of a program or training that can reasonably be expected to lead to gainful employment) for at least half-time study or training in - (1) a college assisted by the Bureau under the Tribally Controlled College or University Assistance Act of 1978 (92 Stat. 1325; 25 U.S.C. 1801) or the Navajo Community College Act (85 Stat. 645; 25 U.S.C. 640a); (2) an institution of higher education or a vocational school (as defined for purposes of any program of assistance to students under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]); (3) a course the Secretary determines will lead to a high school diploma or an equivalent certificate; or (4) other programs or training approved by the Secretary or by tribal education, employment or training programs. (b) Factors not to be considered In determining the amount of general assistance provided by the Bureau of Indian Affairs, the Secretary of the Interior shall not include consideration of - (1) additional expenses in connection with the study or training described in subsection (a) of this section, and (2) the amount of any financial assistance received by the individual as a student or trainee. (c) No effect on other eligibility requirements This section does not alter any eligibility requirement for general assistance from the Bureau of Indian Affairs other than the requirement to be available for employment and to seek employment. -SOURCE- (Pub. L. 100-297, title V, Sec. 5404, Apr. 28, 1988, 102 Stat. 416; Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 107-110, title X, Sec. 1045, Jan. 8, 2002, 115 Stat. 2080.) -REFTEXT- REFERENCES IN TEXT The Tribally Controlled College or University Assistance Act of 1978, referred to in subsec. (a)(1), is Pub. L. 95-471, Oct. 17, 1978, 92 Stat. 1325, as amended, which is classified principally to chapter 20 (Sec. 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. The Navajo Community College Act, referred to in subsec. (a)(1), is Pub. L. 92-189, Dec. 15, 1971, 85 Stat. 646, as amended, which is classified to section 640a et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 640a of this title and Tables. The Higher Education Act of 1965, referred to in subsec. (a)(2), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is classified principally to chapter 28 (Sec. 1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. -MISC1- AMENDMENTS 2002 - Subsec. (a). Pub. L. 107-110, Sec. 1045(1), added subsec. heading and introductory provisions and struck out former subsec. heading and introductory provisions. Former introductory provisions read as follows: "The Secretary of the Interior shall not disqualify from continued receipt of general assistance payments from the Bureau of Indian Affairs an otherwise eligible Indian for whom the Bureau has been making general assistance payments for at least 3 months (or exclude such an individual from continued consideration in determining the amount of general assistance payments for a household) because the individual is enrolled (and is making satisfactory progress toward completion of a program or training that can reasonably be expected to lead to gainful employment) for at least half-time study or training in - ". Subsec. (a)(4). Pub. L. 107-110, Sec. 1045(2), added par. (4) and struck out former par. (4) which read as follows: "other programs or training approved by the Secretary." 1998 - Subsec. (a)(1). Pub. L. 105-244 substituted "Tribally Controlled College or University Assistance Act of 1978" for "Tribally Controlled Community College Assistance Act of 1978". EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107-110, set out as an Effective Date note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105- 244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE For effective date and applicability of section, see section 6303 of Pub. L. 100-297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education. -End- -CITE- 25 USC Sec. 13d-3 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13d-3. Tribal authority to change eligibility for, or amount of, general assistance payments -STATUTE- On and after October 21, 1998, notwithstanding any other provision of law, Indian tribal governments may, by appropriate changes in eligibility criteria or by other means, change eligibility for general assistance or change the amount of general assistance payments for individuals within the service area of such tribe who are otherwise deemed eligible for general assistance payments so long as such changes are applied in a consistent manner to individuals similarly situated and, that any savings realized by such changes shall be available for use in meeting other priorities of the tribes and, that any net increase in costs to the Federal Government which result solely from tribally increased payment levels for general assistance shall be met exclusively from funds available to the tribe from within its tribal priority allocation. -SOURCE- (Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681-231, 2681-246.) -MISC1- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriations acts: Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1555. Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009-181, 3009-193. Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321-156, 1321-170; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2512. Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1392. Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1389. -End- -CITE- 25 USC Sec. 13e 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13e. Expenses of exhibits; advance payments for services; termination of Federal supervision; treaty expenses -STATUTE- On and after October 12, 1984, such appropriations [appropriations for the Bureau of Indian Affairs (except the revolving fund for loans and the Indian loan guarantee and insurance fund)] under this or any other act shall be available for: the expenses of exhibits; advance payments for services (including services which may extend beyond the current fiscal year) under contracts executed pursuant to the Act of June 4, 1936 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), the Act of August 3, 1956 (70 Stat. 896), as amended (25 U.S.C. 309 et seq.), and legislation terminating Federal supervision over certain tribes; and expenses required by continuing or permanent treaty provision. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1850.) -REFTEXT- REFERENCES IN TEXT Act of June 4, 1936, referred to in text, probably means act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended generally by act June 4, 1936, ch. 490, 49 Stat. 1458, known as the Johnson-O'Malley Act, which is classified generally to sections 452 to 457 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables. Act of August 3, 1956, referred to in text, probably means act Aug. 3, 1956, ch. 930, 70 Stat. 986, which is classified generally to section 309 et seq. of this title. For complete classification of this Act to the Code, see Tables. -End- -CITE- 25 USC Sec. 13f 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 13f. Tribal priority allocations in Alaska -STATUTE- (a) Notwithstanding any other provision of law, with respect to amounts made available for tribal priority allocations in Alaska, such amounts on and after October 11, 2000, shall only be provided to tribes the membership of which on June 1 of the preceding fiscal year is composed of at least 25 individuals who are Natives (as such term is defined in section 1602(b) of title 43) who reside in the area generally known as the village for such tribe. (b) Amounts that would have been made available for tribal priority allocations in Alaska but for the limitation contained in subsection (a) of this section shall be provided to the respective Alaska Native regional nonprofit corporation (as listed in section 103(a)(2) of Public Law 104-193,(!1) 110 Stat. 2159) for the respective region in which a tribe subject to subsection (a) of this section is located, notwithstanding any resolution authorized under federal (!2) law to the contrary. -SOURCE- (Pub. L. 106-291, title I, Sec. 122, Oct. 11, 2000, 114 Stat. 944; Pub. L. 107-20, title II, Sec. 2608, July 24, 2001, 115 Stat. 178.) -REFTEXT- REFERENCES IN TEXT Section 103(a)(2) of Public Law 104-193, 110 Stat. 2159, referred to in subsec. (b), enacted section 419 of act Aug. 14, 1935, ch. 531, which is classified to section 619 of Title 42, The Public Health and Welfare, and contains a listing of Alaska Native regional nonprofit corporations. -MISC1- AMENDMENTS 2001 - Subsec. (a). Pub. L. 107-20 inserted "on and after October 11, 2000," after "such amounts" and substituted "June 1 of the preceding fiscal year" for "June 1, 2000". -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. Probably should be capitalized. -End- -CITE- 25 USC Sec. 14 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 14. Money accruing to Indians from Department of Veterans Affairs or other governmental agencies -STATUTE- Any money accruing from the Department of Veterans Affairs or other governmental agency to incompetent adult Indians, or minor Indians, who are recognized wards of the Federal Government, for whom no legal guardians or other fiduciaries have been appointed may be paid, in the discretion of the Secretary of Veterans Affairs, or other head of a governmental bureau or agency, having such funds for payment, to such superintendent or other bonded officer of the Indian Service as the Secretary of the Interior shall designate, for the use of such beneficiaries, or to be paid to or used for, the heirs of such deceased beneficiaries, to be handled and accounted for by him with other moneys under his control, in accordance with existing law and the regulations of the Department of the Interior. -SOURCE- (Feb. 25, 1933, ch. 124, 47 Stat. 907; Pub. L. 102-54, Sec. 13(j)(1), June 13, 1991, 105 Stat. 276.) -MISC1- AMENDMENTS 1991 - Pub. L. 102-54 substituted "Department of Veterans Affairs" for "Veterans' Administration" and "Secretary of Veterans Affairs" for "Administrator of Veterans' Affairs". -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. 14a 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 14a. Deposit of grant funds received by Bureau from other Federal agencies -STATUTE- On and after October 12, 1984, moneys received by grant to the Bureau of Indian Affairs from other Federal agencies to carry out various programs for elementary and secondary education, handicapped programs, bilingual education, and other specific programs shall be deposited into the appropriation account available for the operation of Bureau schools during the period covered by the grant and shall remain available as otherwise provided by law. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1848.) -End- -CITE- 25 USC Sec. 14b 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 14b. Disposition of funds received from public for goods and services provided by Bureau of Indian Affairs -STATUTE- The Secretary of the Interior is authorized to retain collections from the public in payment for goods and services provided by the Bureau of Indian Affairs. Such collections shall be credited to the appropriation account against which obligations were incurred in providing such goods and services. -SOURCE- (Pub. L. 101-301, Sec. 10, May 24, 1990, 104 Stat. 211.) -End- -CITE- 25 USC Sec. 15 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 15. Utility facilities used in administration of Bureau; contracts for sale, operation, maintenance, repair or relocation of facilities; terms and conditions; exception; Congressional approval -STATUTE- Except for electric utility systems constructed and operated as a part of an irrigation system, the Secretary of the Interior is authorized to contract under such terms and conditions as he considers to be in the best interest of the Federal Government for the sale, operation, maintenance, repairs, or relocation of Government-owned utilities and utility systems and appurtenances used in the administration of the Bureau of Indian Affairs. The Secretary shall not execute a contract pursuant to this section until he has submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a copy of the contract and a statement of his reasons for proposing the contract, and until such materials have lain before the Committees for sixty days (excluding the time during which either House is in recess for more than three days) unless prior thereto the Secretary is notified that neither committee has any objection to the proposed contract. -SOURCE- (Pub. L. 87-279, Sept. 22, 1961, 75 Stat. 577; Pub. L. 103-437, Sec. 10(a), Nov. 2, 1994, 108 Stat. 4588.) -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. -End- -CITE- 25 USC Sec. 16 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 16. Transportation of Indians in Bureau vehicles -STATUTE- On and after October 12, 1984, passenger carrying motor vehicles of the Bureau of Indian Affairs may be used for the transportation of Indians. -SOURCE- (Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 100], Oct. 12, 1984, 98 Stat. 1837, 1850.) -End- -CITE- 25 USC Sec. 17 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 1 - BUREAU OF INDIAN AFFAIRS -HEAD- Sec. 17. Use of Bureau facilities -STATUTE- (a) In general The Secretary of the Interior may permit tribal governments and organizations and student organizations to use Bureau of Indian Affairs equipment, land, buildings, and other structures if such use does not interfere with the purpose for which they are administered by the Bureau and when such use benefits Indians or Federal or federally funded programs. The Secretary may charge the user for the cost of the utilities and other expenses incurred for the use. The amounts collected shall be credited to the appropriation or fund from which the expenses are paid and shall be available until the end of the fiscal year following the fiscal year in which collected. The Secretary's decision to not permit a use under this section is final and shall not be subject to judicial review. (b) Scope of authority The authority provided by this section is in addition to, and not in derogation of, any other authority available to the Secretary of the Interior. (c) Limitation of liability The payment of any fee, or agreement to pay costs, to the Secretary shall not in any way or to any extent limit the right of the United States to rely upon sovereign immunity or any State or Federal statute limiting liability or damages from injuries sustained in connection with use under this section. -SOURCE- (Pub. L. 100-297, title V, Sec. 5405, Apr. 28, 1988, 102 Stat. 417; Pub. L. 100-427, Sec. 25, Sept. 9, 1988, 102 Stat. 1613.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-427, Sec. 25(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Secretary of the Interior may permit tribal, student, and other non-Federal organizations to use facilities, lands, and equipment administered by the Bureau of Indian Affairs if such use does not interfere with the purpose for which the facilities, land, and equipment are administered by the Bureau. The Secretary of the Interior may charge the user for the actual or estimated additional cost of utilities or other expenses incurred because of the use and the amounts collected shall be credited to the appropriation or fund from which the expenses are paid." Subsec. (c). Pub. L. 100-427, Sec. 25(b), added subsec. (c). EFFECTIVE DATE For effective date and applicability of section, see section 6303 of Pub. L. 100-297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education. -End- -CITE- 25 USC CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -MISC1- Sec. 21 to 24. Repealed or Omitted. 25. Superintendent for Five Civilized Tribes. 25a. Application of civil service laws. 26 to 32. Repealed or Omitted. 33. Superintendents in charge of reservations; administration of oath of office. 34, 35. Repealed. 36. Special agents and other officers to administer oaths. 37 to 39. Repealed. 40. Limits of superintendencies, agencies, and subagencies. 41. Special agents and commissioners. 41a. Indian inspectors. 42. Repealed. 43. Persons paid for other services not paid for interpreting. 44. Employment of Indians. 45. Preference to Indians qualified for duties. 46. Preference to Indians in employment of clerical, mechanical, and other help. 47. Employment of Indian labor and purchase of products of Indian industry; participation in Mentor-Protege Program. 47a. Security required by Secretary; contracts with Indian-owned economic enterprise; public work. 48. Right of tribes to direct employment of persons engaged for them. 49 to 52a. Repealed. 53. Disbursing officers; acting clerks. 54, 55. Repealed. 56. Quarters, fuel, and light for employees. 57. Omitted. 58. Limitation on number and kind of employment. 59. Transfer of funds for payment of employees; details for other service. 60. Compensation prescribed to be in full. 61. Estimates for personal services in Indian Office. 62. Discontinuance and transfer of agencies. 63. Consolidation of agencies. 64. Services of agents dispensed with. 65. Discontinuance of agents, subagents, and interpreters. 66. Duties of agency devolved on superintendent of Indian school. 67 to 68a. Repealed. -End- -CITE- 25 USC Secs. 21, 22 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 21, 22. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 642 -MISC1- Section 21, R.S. Sec. 2039, related to the Board of Indian Commissioners. Section 22, act Aug. 24, 1912, ch. 388, Sec. 1, 37 Stat. 521, authorized the Board of Indian Commissioners to employ and pay a secretary. -End- -CITE- 25 USC Secs. 23, 24 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 23, 24. Omitted -COD- CODIFICATION Section 23, act May 17, 1882, ch. 163, Sec. 1, 22 Stat. 70, related to the powers and duties of the Board of Indian Commissioners, and was omitted as superseded by Ex. Ord. No. 6145 of May 25, 1933, which abolished the Board and transferred its records, property, and personnel to the supervision of the Secretary of the Interior. Section 24, R.S. Sec. 2042, related to the investigations by a member of the Board of Indian Commissioners, and was omitted as superseded by Ex. Ord. No. 6145 of May 25, 1933. -End- -CITE- 25 USC Sec. 25 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 25. Superintendent for Five Civilized Tribes -STATUTE- The offices of the Commissioner of the Five Civilized Tribes and superintendent of Union Agency, in Oklahoma, are abolished as of September 1, 1914, and in lieu thereof there shall be appointed by the President, by and with the advice and consent of the Senate, a Superintendent for the Five Civilized Tribes, with his office located in the State of Oklahoma, at a salary of $5,000 per annum, and said superintendent shall exercise the authority and perform the duties exercised prior to September 1, 1914, by the Commissioner to the Five Civilized Tribes and the superintendent of the Union Agency, with authority to reorganize the department and to eliminate all unnecessary clerks, subject to the approval of the Secretary of the Interior. -SOURCE- (Aug. 1, 1914, ch. 222, Sec. 17, 38 Stat. 598.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 25a 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 25a. Application of civil service laws -STATUTE- The position of Superintendent of the Five Civilized Tribes is included within the competitive classified civil service and shall be subject to civil service laws and rules. -SOURCE- (Mar. 4, 1929, ch. 705, 45 Stat. 1583.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in text, are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 26 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 26. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632 -MISC1- Section, R.S. Sec. 2052, provided for appointment of Indian Agents by the President. -End- -CITE- 25 USC Sec. 27 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 27. Omitted -COD- CODIFICATION Section, R.S. 2062; acts July 13, 1892, ch. 164, Sec. 1, 27 Stat. 120; July 1, 1898, ch. 545, Sec. 1, 30 Stat. 573, authorized the President to require that military officers perform the duties of Indian agents. The services of Indian agents have been dispensed with since 1908. See section 64 of this title and notes thereunder. -End- -CITE- 25 USC Secs. 28 to 31 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 28 to 31. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 634 -MISC1- Section 28, R.S. Sec. 2056; act May 17, 1882, ch. 163, Sec. 1, 22 Stat. 87, fixed term of office for Indian Agents. Section 29, R.S. Sec. 2057, provided for a bond by Indian Agents. Section 30, R.S. Sec. 2060, prescribed limits of residence of Indian Agents. Section 31, R.S. Sec. 2058, related to duties of Indian Agents. -End- -CITE- 25 USC Sec. 32 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 32. Omitted -COD- CODIFICATION Section, act July 1, 1898, ch. 545, Sec. 1, 30 Stat. 595, required Indian agents to account for funds received and to be responsible for such funds under their official bonds. The services of Indian agents have been dispensed with since 1908. See section 64 of this title and note set out thereunder. -End- -CITE- 25 USC Sec. 33 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 33. Superintendents in charge of reservations; administration of oath of office -STATUTE- Superintendents and acting superintendents in charge of Indian reservations, schools, irrigation and allotment projects are authorized and empowered to administer the oath of office required of employees placed under their jurisdiction. -SOURCE- (June 30, 1913, ch. 4, Sec. 1, 38 Stat. 80.) -COD- CODIFICATION Section is from the Indian Appropriation Act, 1914. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Secs. 34, 35 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 34, 35. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 642, 650 -MISC1- Section 34, acts Aug. 24, 1912, ch. 355, Sec. 8, 37 Stat. 487; June 6, 1939, ch. 185, 53 Stat. 810, authorized the superintendent, acting superintendent, and principal clerks of the different Indian superintendencies or Indian agencies to administer oaths to expense accounts. Section 35, R.S. Sec. 2064, authorized Indian Agents to take acknowledgements of deeds and to administer oaths. -End- -CITE- 25 USC Sec. 36 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 36. Special agents and other officers to administer oaths -STATUTE- Each special agent, supervisor of schools, or other official charged with the investigation of Indian agencies and schools, in the pursuit of his official duties shall have power to administer oaths and to examine on oath all officers and persons employed in the Indian Service, and all such other persons as may be deemed necessary and proper. -SOURCE- (Mar. 1, 1899, ch. 324, Sec. 1, 30 Stat. 927.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 37 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 37. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 633, 641 -MISC1- Section, acts Mar. 3, 1875, ch. 132, Sec. 10, 18 Stat. 450; Mar. 3, 1909, ch. 263, 35 Stat. 784, related to keeping of books by Indian agents and penalties for the falsification thereof. -End- -CITE- 25 USC Sec. 38 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 38. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028 -MISC1- Section, R.S. Sec. 2061, related to visits to Washington, D.C., by agents in California. -End- -CITE- 25 USC Sec. 39 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 39. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632 -MISC1- Section, R.S. Sec. 2063, related to compensation for extra services rendered by Indian Agents. -End- -CITE- 25 USC Sec. 40 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 40. Limits of superintendencies, agencies, and subagencies -STATUTE- The limits of each superintendency, agency, and subagency shall be established by the Secretary of the Interior, either by tribes or geographical boundaries. -SOURCE- (R.S. Sec. 2066.) -COD- CODIFICATION R.S. Sec. 2066 derived from acts June 30, 1834, ch. 162, Sec. 7, 4 Stat. 736; Mar. 3, 1847, ch. 66, Sec. 1, 9 Stat. 203. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 41 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 41. Special agents and commissioners -STATUTE- All special agents and commissioners not appointed by the President shall be appointed by the Secretary of the Interior. -SOURCE- (R.S. Sec. 2067.) -COD- CODIFICATION R.S. Sec. 2067 derived from act Mar. 3, 1863, ch. 99, Sec. 1, 12 Stat. 792. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 41a 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 41a. Indian inspectors -STATUTE- Indian inspectors shall on and after March 4, 1909 be termed inspectors, and shall be included in the classified service. -SOURCE- (Mar. 4, 1909, ch. 297, Sec. 1, 35 Stat. 888.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 42 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 42. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632 -MISC1- Section, R.S. Sec. 2068, provided for interpreters for Indian agencies under Department of the Interior. -End- -CITE- 25 USC Sec. 43 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 43. Persons paid for other services not paid for interpreting -STATUTE- No person employed by the United States and paid for any other service shall be paid for interpreting. -SOURCE- (Apr. 4, 1910, ch. 140, Sec. 2, 36 Stat. 272.) -End- -CITE- 25 USC Sec. 44 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 44. Employment of Indians -STATUTE- In the Indian Service Indians shall be employed as herders, teamsters, and laborers, and where practicable in all other employments in connection with the agencies and the Indian Service. And it shall be the duty of the Secretary of the Interior and the Commissioner of Indian Affairs to enforce this provision. -SOURCE- (Aug. 15, 1894, ch. 290, Sec. 10, 28 Stat. 313.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 45 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 45. Preference to Indians qualified for duties -STATUTE- In all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, a preference shall be given to persons of Indian descent, if such can be found, who are properly qualified for the execution of the duties. -SOURCE- (R.S. Sec. 2069.) -COD- CODIFICATION R.S. Sec. 2069 derived from act June 30, 1834, ch. 162, Sec. 9, 4 Stat. 737. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 46 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 46. Preference to Indians in employment of clerical, mechanical, and other help -STATUTE- Preference shall at all times, as far as practicable, be given to Indians in the employment of clerical, mechanical, and other help on reservations and about agencies. -SOURCE- (May 17, 1882, ch. 163, Sec. 6, 22 Stat. 88; July 4, 1884, ch. 180, Sec. 6, 23 Stat. 97.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 47 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 47. Employment of Indian labor and purchase of products of Indian industry; participation in Mentor-Protege Program -STATUTE- So far as may be practicable Indian labor shall be employed, and purchases of the products (including, but not limited to printing, notwithstanding any other law) of Indian industry may be made in open market in the discretion of the Secretary of the Interior. Participation in the Mentor-Protege Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note) or receipt of assistance pursuant to any developmental assistance agreement authorized under such program shall not render Indian labor or Indian industry ineligible to receive any assistance authorized under this section. For the purposes of this section - (1) no determination of affiliation or control (either direct or indirect) may be found between a protege firm and its mentor firm on the basis that the mentor firm has agreed to furnish (or has furnished) to its protege firm pursuant to a mentor-protege agreement any form of developmental assistance described in subsection (f) of section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note); and (2) the terms "protege firm" and "mentor firm" have the meaning given such terms in subsection (c) of such section 831. -SOURCE- (June 25, 1910, ch. 431, Sec. 23, 36 Stat. 861; Pub. L. 100-581, title II, Sec. 206, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 103-435, Sec. 14, Nov. 2, 1994, 108 Stat. 4572.) -REFTEXT- REFERENCES IN TEXT Section 831 of the National Defense Authorization Act for Fiscal Year 1991, referred to in text, is section 831 of Pub. L. 101-510, which is set out as a note under section 2302 of Title 10, Armed Forces. -COD- CODIFICATION Section is based on proviso of first sentence of section 23 of act of June 25, 1910. Remainder of first sentence of section 23 was classified to section 93 of this title prior to repeal by act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1112. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in act Apr. 30, 1908, ch. 153, 35 Stat. 71, making appropriations for the Indian Department. AMENDMENTS 1994 - Pub. L. 103-435 inserted at end "Participation in the Mentor-Protege Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note) or receipt of assistance pursuant to any developmental assistance agreement authorized under such program shall not render Indian labor or Indian industry ineligible to receive any assistance authorized under this section. For the purposes of this section - "(1) no determination of affiliation or control (either direct or indirect) may be found between a protege firm and its mentor firm on the basis that the mentor firm has agreed to furnish (or has furnished) to its protege firm pursuant to a mentor-protege agreement any form of developmental assistance described in subsection (f) of section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note); and "(2) the terms 'protege firm' and 'mentor firm' have the meaning given such terms in subsection (c) of such section 831." 1988 - Pub. L. 100-581 inserted "(including, but not limited to printing, notwithstanding any other law)" after "products". -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 47a 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 47a. Security required by Secretary; contracts with Indian- owned economic enterprise; public work -STATUTE- The Secretary, in his discretion, may require security other than bonds required by sections 3131 and 3133 of title 40 when entering into a contract with an Indian-owned economic enterprise pursuant to the provisions of the Act of June 25, 1910 (25 U.S.C. 47), for the construction, alteration, or repair of any public work of the United States: Provided, That, the alternative form of security provides the United States with adequate security for performance and payment. -SOURCE- (Pub. L. 98-449, Sec. 11, Oct. 4, 1984, 98 Stat. 1726.) -COD- CODIFICATION "Sections 3131 and 3133 of title 40" substituted in text for "the Miller Act (40 U.S.C. 270a)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. -End- -CITE- 25 USC Sec. 48 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 48. Right of tribes to direct employment of persons engaged for them -STATUTE- Where any of the tribes are, in the opinion of the Secretary of the Interior, competent to direct the employment of their blacksmiths, mechanics, teachers, farmers, or other persons engaged for them, the direction of such persons may be given to the proper authority of the tribe. -SOURCE- (R.S. Sec. 2072.) -COD- CODIFICATION R.S. Sec. 2072 derived from act June 30, 1834, ch. 162, Sec. 9, 4 Stat. 737. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 49 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 49. Repealed. June 30, 1932, ch. 317, 47 Stat. 421 -MISC1- Section, act May 25, 1918, ch. 86, Sec. 1, 40 Stat. 565, related to qualifications of farmers. -End- -CITE- 25 USC Sec. 50 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 50. Repealed. Pub. L. 88-448, title IV, Sec. 402(a)(2), Aug. 19, 1964, 78 Stat. 492 -MISC1- Section, R.S. Sec. 2074, related to holding of two offices. See section 5533 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF REPEAL Repeal effective on first day of first month which begins later than the 90th day following Aug. 19, 1964, see section 403 of Pub. L. 88-448. -End- -CITE- 25 USC Secs. 51 to 52a 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 51 to 52a. Repealed. Pub. L. 92-310, title II, Sec. 229(a), (c)(2), (e), June 6, 1972, 86 Stat. 208 -MISC1- Section 51, R.S. Sec. 2075, empowered President to require additional security from persons charged with disbursement of money or goods. Section 52, act Apr. 30, 1908, ch. 153, 35 Stat. 71, empowered Secretary of the Interior to require new bonds from disbursing officers. Section 52a, act Apr. 21, 1904, ch. 1402, 33 Stat. 191, related to special bonds for large per capita payments. -End- -CITE- 25 USC Sec. 53 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 53. Disbursing officers; acting clerks -STATUTE- Any disbursing agent of the Indian Service, with the approval of the Commissioner of Indian Affairs, may authorize a clerk employed in his office to act in his place and discharge all the duties devolved upon him by law or regulations during such time as he may be unable to perform the duties of his position because of absence, physical disability, or other disqualifying circumstances: Provided, That such clerk, while acting for his principal, shall be subject to all the liabilities and penalties prescribed by law for official misconduct of disbursing agents. -SOURCE- (Feb. 14, 1920, ch. 75, Sec. 1, 41 Stat. 414; Pub. L. 92-310, title II, Sec. 229(f), June 6, 1972, 86 Stat. 209.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which related to official bond of disbursing agent. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Disbursement functions of all Government agencies, except Departments of the Army, Navy, and Air Force and the Panama Canal, transferred to Division of Disbursements, Department of the Treasury, by Ex. Ord. No. 6166, Sec. 4, June 10, 1933, and Ex. Ord. No. 6728, May 29, 1934. Division subsequently consolidated with other agencies into Fiscal Service in Department of the Treasury by Reorg. Plan No. III of 1940, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231. See section 306 of Title 31, Money and Finance. -End- -CITE- 25 USC Secs. 54, 55 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 54, 55. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 634 -MISC1- Section 54, R.S. Sec. 2077, related to traveling expenses. Section 55, act May 17, 1882, ch. 163, Sec. 1, 22 Stat. 86, related to expenses of clerks detailed on special duty. -End- -CITE- 25 USC Sec. 56 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 56. Quarters, fuel, and light for employees -STATUTE- The Secretary of the Interior, in his discretion, may allow quarters, fuel, and light to employees of the Indian Service whose compensation is not prescribed by law, the salaries of such employees to be fixed on this basis and the cost of providing quarters, fuel, and light to be paid from any funds which are applicable and available therefor: Provided, That this authorization shall be retroactive to the extent of approving any expenditures for such purposes authorized by the Secretary of the Interior prior to June 7, 1924. -SOURCE- (June 7, 1924, ch. 328, 43 Stat. 634.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 57 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 57. Omitted -COD- CODIFICATION Section, act Mar. 3, 1925, ch. 462, 43 Stat. 1147, which authorized the Secretary of the Interior to allow employees in the Indian Service heat and light for quarters without charge, was not repeated in subsequent appropriation acts. -End- -CITE- 25 USC Sec. 58 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 58. Limitation on number and kind of employment -STATUTE- The number and kind of employees at each agency shall be prescribed by the Secretary of the Interior and none other shall be employed. -SOURCE- (June 7, 1897, ch. 3, 30 Stat. 90.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- SALARY RESTRICTIONS Act Apr. 18, 1912, ch. 83, Sec. 10, 37 Stat. 88, as amended by act May 25, 1918, ch. 86, Sec. 17, 40 Stat. 578, excluded the Osage Agency from the provisions of act June 7, 1897, limiting the amount of money to be expended for salaries of regular employees at any one agency. Act Feb. 26, 1929, ch. 323, 45 Stat. 1307, which repealed a provision of act Aug. 24, 1912, ch. 388, Sec. 1, 37 Stat. 521, imposing a salary limitation of $15,000 at any one agency and $20,000 at a consolidated agency, was itself repealed by Pub. L. 89- 554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 647. -End- -CITE- 25 USC Sec. 59 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 59. Transfer of funds for payment of employees; details for other service -STATUTE- When not required for the purpose for which appropriated, the funds provided for the pay of specified employees at any Indian agency may be used by the Secretary of the Interior for the pay of other employees at such agency, but no deficiency shall be thereby created; and, when necessary, specified employees may be detailed for other service when not required for the duty for which they were engaged. -SOURCE- (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 60 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 60. Compensation prescribed to be in full -STATUTE- The several compensations prescribed by title 28 of the Revised Statutes shall be in full of all emoluments or allowances whatsoever. But where necessary, a reasonable allowance or provision may be made for offices and office contingencies. -SOURCE- (R.S. Sec. 2076.) -REFTEXT- REFERENCES IN TEXT Title 28 of the Revised Statutes, referred to in text, was in the original "this title", meaning title 28 of the Revised Statutes, consisting of R.S. Secs. 2039 to 2157. For complete classification of R.S. Secs. 2039 to 2157 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 2076 derived from act June 30, 1834, ch. 162, Sec. 10, 4 Stat. 737. -End- -CITE- 25 USC Sec. 61 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 61. Estimates for personal services in Indian Office -STATUTE- Annual estimates in detail shall be submitted for all personal services required in the Indian Office, and it shall not be lawful to employ in said office any personal services other than those specifically appropriated for in the legislative, executive, and judicial appropriation Acts, except temporary details of field employees for service connected solely with their respective employments. -SOURCE- (Aug. 23, 1912, ch. 350, Sec. 1, 37 Stat. 396.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 62 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 62. Discontinuance and transfer of agencies -STATUTE- The President shall, whenever he may judge it expedient, discontinue any Indian agency, or transfer the same, from the place or tribe designated by law, to such other place or tribe as the public service may require. -SOURCE- (R.S. Sec. 2059.) -COD- CODIFICATION R.S. Sec. 2059 derived from act June 30, 1834, ch. 162, Sec. 4, 4 Stat. 735. -TRANS- DELEGATION OF FUNCTIONS For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President. -End- -CITE- 25 USC Sec. 63 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 63. Consolidation of agencies -STATUTE- The President may, in his discretion, consolidate two or more agencies into one, and where Indians are located on reservations created by Executive order he may, with the consent of the tribes to be affected thereby, expressed in the usual manner, consolidate one or more tribes, and abolish such agencies as are thereby rendered unnecessary. -SOURCE- (May 17, 1882, ch. 163, Sec. 6, 22 Stat. 88; July 4, 1884, ch. 180, Sec. 6, 23 Stat. 97.) -TRANS- DELEGATION OF FUNCTIONS For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President. -End- -CITE- 25 USC Sec. 64 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 64. Services of agents dispensed with -STATUTE- It shall be the duty of the President to dispense with the services of such Indian agents and superintendents as may be practicable; and where it is practicable he shall require the same person to perform the duties of two agencies or superintendencies for one salary. -SOURCE- (R.S. Sec. 2053; June 22, 1874, ch. 389, Sec. 1, 18 Stat. 147; Mar. 3, 1875, ch. 132, Sec. 1, 18 Stat. 421.) -COD- CODIFICATION R.S. Sec. 2053 derived from act Feb. 14, 1873, ch. 138, Sec. 1, 17 Stat. 437. -MISC1- INDIAN AGENTS In a communication, dated November 29, 1940, from the Office of Indian Affairs of the Department of the Interior, it was stated that there have been no Indian agents since 1908, all of the agencies and schools having been placed under the supervision of superintendents. -End- -CITE- 25 USC Sec. 65 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 65. Discontinuance of agents, subagents, and interpreters -STATUTE- The Secretary of the Interior shall, under the direction of the President, cause to be discontinued the services of such agents, subagents, interpreters, and mechanics as may from time to time become unnecessary, in consequence of the emigration of the Indians, or other causes. -SOURCE- (R.S. Sec. 2073; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244.) -COD- CODIFICATION R.S. Sec. 2073 derived from act July 9, 1832, ch. 174, Sec. 5, 4 Stat. 564. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. -End- -CITE- 25 USC Sec. 66 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 66. Duties of agency devolved on superintendent of Indian school -STATUTE- The Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may devolve the duties of Indian agency or part thereof upon the superintendent of the Indian school located at such agency or part thereof whenever in his judgment such superintendent can properly perform the duties of such agency. The pay of any superintendent who performs agency duties in addition to those of his superintendency may be increased by the Commissioner of Indian Affairs, in his discretion, to an extent not exceeding $300 per annum. -SOURCE- (Mar. 1, 1907, ch. 2285, 34 Stat. 1020; Pub. L. 92-310, title II, Sec. 229(d), June 6, 1972, 86 Stat. 208.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which required the superintendent of the Indian school to give a bond as other Indian agents. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 67 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Sec. 67. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 636 -MISC1- Section, act Mar. 3, 1893, ch. 209, Sec. 1, 27 Stat. 614, provided that the superintendent of the training school at Cherokee Agency was to act as an agent. -End- -CITE- 25 USC Secs. 68, 68a 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -HEAD- Secs. 68, 68a. Repealed. Pub. L. 96-277, Sec. 2, June 17, 1980, 94 Stat. 545 -MISC1- Section 68, R.S. Sec. 2078, prohibited employees in Indian affairs from trading with Indians and made offenders liable to a penalty of $5,000 and removal from office. Section 68a, act June 19, 1939, ch. 210, 53 Stat. 840, authorized Federal employees, including Indian Service employees, under rules and regulations of Secretary of the Interior to purchase from Indians and Indian organizations arts and crafts, or other products, services, or commodities, produced, rendered, owned, controlled, or furnished by Indians or Indian organizations, but prohibited employee purchases for purpose of engaging directly or indirectly in commercial selling, reselling, trading, or bartering of such purchases. EFFECTIVE DATE OF REPEAL Section 4 of Pub. L. 96-277 provided that: "The provisions of this Act [amending former section 437 of Title 18, Crimes and Criminal Procedure, repealing sections 68, 68a, 87a, and 441 of this title, and enacting provisions formerly set out as a note under section 437 of Title 18] shall take effect sixty days after the date of enactment of this Act [June 17, 1980]." -End- -CITE- 25 USC CHAPTER 2A - INDIAN CLAIMS COMMISSION 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2A - INDIAN CLAIMS COMMISSION -HEAD- CHAPTER 2A - INDIAN CLAIMS COMMISSION -MISC1- CLAIMS ACCRUING AFTER AUGUST 13, 1946 This chapter related only to claims accruing before Aug. 13, 1946. For jurisdiction of Indian claims against the United States accruing after that date, see section 1505 of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 25 USC Secs. 70 to 70n-2 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2A - INDIAN CLAIMS COMMISSION -HEAD- Secs. 70 to 70n-2. Omitted -COD- CODIFICATION The Indian Claims Commission terminated on Sept. 30, 1978, pursuant to section 70v of this title. Section 70, act Aug. 13, 1946, ch. 959, Sec. 1, 60 Stat. 1049, established Indian Claims Commission. Section 70a, acts Aug. 13, 1946, ch. 959, Sec. 2, 60 Stat. 1050; Oct. 27, 1974, Pub. L. 93-494, Sec. 2, 88 Stat. 1499, related to jurisdiction of claims considered by Commission. Section 70b, acts Aug. 13, 1946, ch. 959, Sec. 3, 60 Stat. 1050; Apr. 10, 1967, Pub. L. 90-9, Secs. 2, 3, 81 Stat. 11; Oct. 12, 1978, Pub. L. 95-453, 92 Stat. 1110, related to members of Commission. Section 70c, act Aug. 13, 1946, ch. 959, Sec. 4, 60 Stat. 1051, related to staff and oath of Commission. Section 70d, act Aug. 13, 1946, ch. 959, Sec. 5, 60 Stat. 1051, related to principal office of Commission. Section 70e, acts Aug. 13, 1946, ch. 959, Sec. 6, 60 Stat. 1051; Apr. 10, 1967, Pub. L. 90-9, Sec. 4, 81 Stat. 11; Mar. 30, 1972, Pub. L. 92-265, Sec. 5, 86 Stat. 115, related to itemized vouchers and authorized appropriations for Commission. Section 70f, act Aug. 13, 1946, ch. 959, Sec. 7, 60 Stat. 1051, related to time of meetings of Commission. Section 70g, act Aug. 13, 1946, ch. 959, Sec. 8, 60 Stat. 1051, related to record of proceedings and public inspection of records of Commission. Section 70h, act Aug. 13, 1946, ch. 959, Sec. 9, 60 Stat. 1051, related to control of procedure of Commission. Section 70i, act Aug. 13, 1946, ch. 959, Sec. 10, 60 Stat. 1052, related to presentation of claims before Commission. Section 70j, act Aug. 13, 1946, ch. 959, Sec. 11, 60 Stat. 1052, related to forbidden transfer of suits in Court of Claims under prior Acts and offsets and counterclaims before Commission. Section 70k, act Aug. 13, 1946, ch. 959, Sec. 12, 60 Stat. 1052, related to limitation of time for presenting claims before Commission. Section 70l, act Aug. 13, 1946, ch. 959, Sec. 13, 60 Stat. 1052, related to notice to tribes, investigation of claims, and availability of data by Commission. Section 70m, act Aug. 13, 1946, ch. 959, Sec. 14, 60 Stat. 1052, related to information from governmental departments and official records as evidence before Commission. Section 70n, act Aug. 13, 1946, ch. 959, Sec. 15, 60 Stat. 1053, related to attorneys of claimants and representation of United States by Attorney General before Commission. Section 70n-1, Pub. L. 88-168, Sec. 1, Nov. 4, 1963, 77 Stat. 301; Pub. L. 89-592, Sept. 19, 1966, 80 Stat. 814; Pub. L. 93-37, Sec. 2, May 24, 1973, 87 Stat. 73, related to revolving fund for expert assistance for preparation and trial of claims before Commission. Section 70n-2, Pub. L. 88-168, Sec. 2, Nov. 4, 1963, 77 Stat. 301, related to inability of applicants to pay for assistance required and denial of loans in cases of unreasonable fees. -MISC1- INDIAN SELF-DETERMINATION CONFLICT OF INTEREST REQUIREMENT INAPPLICABLE TO COMMISSIONER NOT IN OFFICE Section 1 of Pub. L. 95-453 provided in part that section 105(j) of the Indian Self-Determination Act (section 450i(f) of this title) was not to apply to members of the Indian Claims Commission affected by Pub. L. 95-453 (which amended subsec. (c) of section 70b of this title). -End- -CITE- 25 USC Sec. 70n-3 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2A - INDIAN CLAIMS COMMISSION -HEAD- Sec. 70n-3. Repealed. Pub. L. 93-608, Sec. 1(16), Jan. 2, 1975, 88 Stat. 1970 -MISC1- Section, Pub. L. 88-168, Sec. 3, Nov. 4, 1963, 77 Stat. 301, required a report to Committees on Interior and Insular Affairs of Senate and House of Representatives on every loan made under sections 70n-1 to 70n-7 of this title. -End- -CITE- 25 USC Secs. 70n-4 to 70v-3 01/02/2006 -EXPCITE- TITLE 25 - INDIANS CHAPTER 2A - INDIAN CLAIMS COMMISSION -HEAD- Secs. 70n-4 to 70v-3. Omitted -COD- CODIFICATION The Indian Claims Commission terminated on Sept. 30, 1978, pursuant to section 70v of this title. Secti