§439. Indian enrollment contracts

Unless the United States consents, all contracts made with any person or persons, applicants for enrollment as citizens in the Five Civilized Tribes for compensation for services in relation thereto, shall be void, and-

Whoever collects or receives any moneys from any such applicants for citizenship, shall be fined under this title ¹ or imprisoned not more than six months, or both.

(June 25, 1948, ch. 645, 62 Stat. 704 ; Sept. 13, 1994, Pub. L. 103–322, title XXXIII, §330016(1)(H), 108 Stat. 2147 .)

Historical and Revision Notes

Based on section 86 (part) of title 25, U.S.C., 1940 ed., Indians (Aug. 1, 1914, ch. 222, §17, 38 Stat. 601 ).

Only that part of said section 86 which requires the consent of the United States to enrollment contracts was incorporated in this section.

Minor changes were made in phraseology.

Amendments

1994-Pub. L. 103–322, which directed the amendment of this section by substituting "fined under this title" for "fined not more than $1,000", was executed by making the substitution for "fined not more than $500", to reflect the probable intent of Congress.

Cross References

Agreements with Indians, see section 71 et seq. of Title 25, Indians.

¹ See 1994 Amendment note below.