Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
parent 511d65f9a0
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---
type: "LegalText"
title: "25 U.S.C. § 1"
description: "Commissioner of Indian Affairs"
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corpus: "united_states_code"
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title_number: 25
title_name: "INDIANS"
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chapter_name: "BUREAU OF INDIAN AFFAIRS"
section: "1"
citation: "25 U.S.C. § 1"
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---
# 25 U.S.C. § 1 - Commissioner of Indian Affairs
## Text
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.
(R.S. § 462.)
## Notes
Editorial Notes
Codification R.S. § 462 derived from act July 9, 1832, ch. 174, § 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.
Executive Documents
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, §§ 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.
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---
type: "LegalText"
title: "25 U.S.C. § 10"
description: "Employee to sign letters"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 25
title_name: "INDIANS"
chapter_number: "1"
chapter_name: "BUREAU OF INDIAN AFFAIRS"
section: "10"
citation: "25 U.S.C. § 10"
status: "current"
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---
# 25 U.S.C. § 10 - Employee to sign letters
## Text
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.
(Mar. 3, 1909, ch. 263, 35 Stat. 783.)
## Notes
Editorial Notes
Codification Section is from the Indian Department Appropriation Act, 1910.
Executive Documents
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, §§ 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.
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---
type: "LegalText"
title: "25 U.S.C. § 11"
description: "Employee or employees to sign approval of tribal deeds"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 25
title_name: "INDIANS"
chapter_number: "1"
chapter_name: "BUREAU OF INDIAN AFFAIRS"
section: "11"
citation: "25 U.S.C. § 11"
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---
# 25 U.S.C. § 11 - Employee or employees to sign approval of tribal deeds
## Text
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.
(Mar. 3, 1911, ch. 210, § 17, 36 Stat. 1069.)
## Notes
Executive Documents
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, §§ 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.
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description: "Agent to negotiate commutation of annuities"
jurisdiction: "us"
corpus: "united_states_code"
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title_number: 25
title_name: "INDIANS"
chapter_number: "1"
chapter_name: "BUREAU OF INDIAN AFFAIRS"
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---
# 25 U.S.C. § 12 - Agent to negotiate commutation of annuities
## Text
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.
(Apr. 30, 1908, ch. 153, 35 Stat. 73.)
## Notes
Statutory Notes and Related Subsidiaries
Indian AgentsThe services of Indian agents have been dispensed with. See note set out under section 64 of this title.
Executive Documents
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, §§ 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.
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---
type: "LegalText"
title: "25 U.S.C. § 131"
description: "Authorization of appropriations for funds for basic educational support through parent committees"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 25
title_name: "INDIANS"
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citation: "25 U.S.C. § 131"
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---
# 25 U.S.C. § 131 - Authorization of appropriations for funds for basic educational support through parent committees
## Text
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. 5342 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.
(Pub. L. 95561, title XI, § 1103(b), Nov. 1, 1978, 92 Stat. 2316.)
## Notes
Editorial Notes
References in TextAct of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the Johnson-OMalley Act, which is classified generally to section 5342 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95561, set out as an Effective Date of 1978 Amendment note under section 1221e3 of Title 20, Education.
@@ -0,0 +1,61 @@
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type: "LegalText"
title: "25 U.S.C. § 13"
description: "Expenditure of appropriations by Bureau"
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title_number: 25
title_name: "INDIANS"
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---
# 25 U.S.C. § 13 - Expenditure of appropriations by Bureau
## Text
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.
(Nov. 2, 1921, ch. 115, 42 Stat. 208; Pub. L. 94482, title IV, § 410, Oct. 12, 1976, 90 Stat. 2233; Pub. L. 105244, title I, § 102(a)(8)(A), Oct. 7, 1998, 112 Stat. 1619.)
## Notes
Editorial Notes
References in TextThe Higher Education Act of 1965, referred to in text, is Pub. L. 89329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 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.
Amendments1998—Pub. L. 105244, 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. 94482 to add the last paragraph. 1976—Pub. L. 94482 inserted provisions relating to postsecondary schools administered by the Secretary of the Interior for Indians.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105244, see section 3 of Pub. L. 105244, set out as a note under section 1001 of Title 20, Education.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94482 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. 94482, set out as a note under section 1001 of Title 20, Education.
Short TitleAct Nov. 2, 1921, which enacted this section, is popularly known as the “Snyder Act”.
Availability of Housing Improvement Program Grant Repayments for Program ObligationsPub. L. 101121, 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 Secretarys 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 years appropriation”.
Alternative Methods for Equitable Distribution of Supplemental Program Funds; Development, Publication, etc., of FormulaPub. L. 95561, title XI, § 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 [25 U.S.C. 13], for contracting under the Act of April 16, 1934, commonly referred to as the Johnson-OMalley Act [25 U.S.C. 5342 et seq.], 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; TimePub. L. 95561, title XI, § 1103(a), Nov. 1, 1978, 92 Stat. 2316, as amended by Pub. L. 9646, § 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.
Executive Documents
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, §§ 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.
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---
# 25 U.S.C. § 13a - Carryover funding
## Text
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 5325(a)(3) 11 See References in Text note below. 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.
(Pub. L. 93638, § 8, Jan. 4, 1975, 88 Stat. 2206; Pub. L. 100472, title I, § 105, Oct. 5, 1988, 102 Stat. 2287.)
## Notes
Editorial Notes
References in TextSection 5325(a)(3) of this title, referred to in text, was repealed and a new subsec. (a)(3) of section 5325 was added by Pub. L. 103413, title I, § 102(14)(C), Oct. 25, 1994, 108 Stat. 4257. See section 5325(a)(4) of this title.
Amendments1988—Pub. L. 100472 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.”
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# 25 U.S.C. § 13b - Payment of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, and schools; payment of rewards
## Text
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.
(Pub. L. 98473, title I, § 101(c) [title I, § 100], Oct. 12, 1984, 98 Stat. 1837, 1848.)
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title_number: 25
title_name: "INDIANS"
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citation: "25 U.S.C. § 13c"
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# 25 U.S.C. § 13c - Source of funds to pay cost of lunches for nonboarding public school students
## Text
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.
(Pub. L. 98473, title I, § 101(c) [title I, § 100], Oct. 12, 1984, 98 Stat. 1837, 1848.)
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# 25 U.S.C. § 13d1 - Standards of need as basis for general assistance payments by Bureau of Indian Affairs; ratable reductions
## Text
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.
(Pub. L. 9988, title I, § 100, Aug. 15, 1985, 99 Stat. 338; Pub. L. 104193, title I, § 110(k), Aug. 22, 1996, 110 Stat. 2172.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in par. (2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 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.
Amendments1996—Pub. L. 104193, § 110(k), which directed the general amendment of the “4th proviso of chapter VII of title I of Public Law 9988 (25 U.S.C. 13d1)”, 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. 9988, 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.”
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 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. 104193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.
Maximum Allowable PaymentsPub. L. 99349, title I, July 2, 1986, 100 Stat. 732, provided in part: “That the levels established for general assistance by Public Law 9988 (99 Stat. 388) [probably means Pub. L. 9988, 99 Stat. 338, which enacted this section], are the maximum allowable payments.”
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# 25 U.S.C. § 13d2 - Enrollment and general assistance payments
## Text
(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 Colleges and Universities 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); 11 See References in Text note below.
(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), 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.
(Pub. L. 100297, title V, § 5404, Apr. 28, 1988, 102 Stat. 416; Pub. L. 105244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 107110, title X, § 1045, Jan. 8, 2002, 115 Stat. 2080; Pub. L. 110315, title IX, § 941(k)(2)(G), Aug. 14, 2008, 122 Stat. 3466.)
## Notes
Editorial Notes
References in TextThe Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in subsec. (a)(1), is Pub. L. 95471, Oct. 17, 1978, 92 Stat. 1325, which is classified principally to chapter 20 (§ 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. 92189, Dec. 15, 1971, 85 Stat. 646, which was classified to section 640a et seq. of this title, and was omitted from the Code as being of special and not general application. The Higher Education Act of 1965, referred to in subsec. (a)(2), is Pub. L. 89329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 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.
Amendments2008—Subsec. (a)(1). Pub. L. 110315 substituted “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”. 2002—Subsec. (a). Pub. L. 107110, § 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. 107110, § 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. 105244 substituted “Tribally Controlled College or University Assistance Act of 1978” for “Tribally Controlled Community College Assistance Act of 1978”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107110, set out as an Effective Date note under section 6301 of Title 20, Education.
Effective Date of 1998 AmendmentAmendment by Pub. L. 105244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105244, see section 3 of Pub. L. 105244, set out as a note under section 1001 of Title 20, Education.
Effective DateFor effective date and applicability of section, see section 6303 of Pub. L. 100297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education.
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# 25 U.S.C. § 13d3 - Tribal authority to change eligibility for, or amount of, general assistance payments
## Text
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.
(Pub. L. 105277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681231, 2681246.)
## Notes
Statutory Notes and Related Subsidiaries
Similar ProvisionsSimilar provisions were contained in the following prior appropriations acts: Pub. L. 10583, title I, Nov. 14, 1997, 111 Stat. 1555. Pub. L. 104208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009181, 3009193. Pub. L. 104134, title I, § 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321156, 1321170; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103332, title I, Sept. 30, 1994, 108 Stat. 2512. Pub. L. 103138, title I, Nov. 11, 1993, 107 Stat. 1392. Pub. L. 102381, title I, Oct. 5, 1992, 106 Stat. 1389.
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# 25 U.S.C. § 13d - Limits on use of appropriated funds by Bureau for general or other welfare assistance
## Text
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 Secretarys 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)).11 See References in Text note below.
(Pub. L. 98473, title I, § 101(c) [title I, § 100], Oct. 12, 1984, 98 Stat. 1837, 1848.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 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. Sections 6(b)(2), 6(i), and 9(b) of the Maine Indian Claims Settlement Act of 1980, referred to in text, are sections 6(b)(2), (i) and 9(b) of Pub. L. 96420, which were classified to sections 1725(b)(2), (i) and 1728(b) of this title prior to omission from the Code as being of special and not general application.
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# 25 U.S.C. § 13e - Expenses of exhibits; advance payments for services; termination of Federal supervision; treaty expenses
## Text
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.),11 See References in Text note below. 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.
(Pub. L. 98473, title I, § 101(c) [title I, § 100], Oct. 12, 1984, 98 Stat. 1837, 1850.)
## Notes
Editorial Notes
References in TextAct 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-OMalley Act, which was classified generally to section 452 et seq. of this title prior to editorial reclassification as section 5342 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 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.
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# 25 U.S.C. § 13f - Tribal priority allocations in Alaska
## Text
(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) shall be provided to the respective Alaska Native regional nonprofit corporation (as listed in section 103(a)(2) of Public Law 104193,11 See References in Text note below. 110 Stat. 2159) for the respective region in which a tribe subject to subsection (a) is located, notwithstanding any resolution authorized under federal 22 So in original. Probably should be capitalized. law to the contrary.
(Pub. L. 106291, title I, § 122, Oct. 11, 2000, 114 Stat. 944; Pub. L. 10720, title II, § 2608, July 24, 2001, 115 Stat. 178.)
## Notes
Editorial Notes
References in TextSection 103(a)(2) of Public Law 104193, 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.
Amendments2001—Subsec. (a). Pub. L. 10720 inserted “on and after October 11, 2000,” after “such amounts” and substituted “June 1 of the preceding fiscal year” for “June 1, 2000”.
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# 25 U.S.C. § 14 - Money accruing to Indians from Department of Veterans Affairs or other governmental agencies
## Text
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.
(Feb. 25, 1933, ch. 124, 47 Stat. 907; Pub. L. 10254, § 13(j)(1), June 13, 1991, 105 Stat. 276.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10254 substituted “Department of Veterans Affairs” for “Veterans Administration” and “Secretary of Veterans Affairs” for “Administrator of Veterans Affairs”.
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 14a - Deposit of grant funds received by Bureau from other Federal agencies
## Text
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.
(Pub. L. 98473, title I, § 101(c) [title I, § 100], Oct. 12, 1984, 98 Stat. 1837, 1848.)
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# 25 U.S.C. § 14b - Disposition of funds received from public for goods and services provided by Bureau of Indian Affairs
## Text
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.
(Pub. L. 101301, § 10, May 24, 1990, 104 Stat. 211.)
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# 25 U.S.C. § 15 - Utility facilities used in administration of Bureau; contracts for sale, operation, maintenance, repair or relocation of facilities; terms and conditions; exception; Congressional approval
## Text
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.
(Pub. L. 87279, Sept. 22, 1961, 75 Stat. 577; Pub. L. 103437, § 10(a), Nov. 2, 1994, 108 Stat. 4588.)
## Notes
Editorial Notes
Amendments1994—Pub. L. 103437 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”.
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# 25 U.S.C. § 16 - Transportation of Indians in Bureau vehicles
## Text
On and after October 12, 1984, passenger carrying motor vehicles of the Bureau of Indian Affairs may be used for the transportation of Indians.
(Pub. L. 98473, title I, § 101(c) [title I, § 100], Oct. 12, 1984, 98 Stat. 1837, 1850.)
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# 25 U.S.C. § 17 - Use of Bureau facilities
## Text
(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 Secretarys 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.
(Pub. L. 100297, title V, § 5405, Apr. 28, 1988, 102 Stat. 417; Pub. L. 100427, § 25, Sept. 9, 1988, 102 Stat. 1613.)
## Notes
Editorial Notes
Amendments1988—Subsec. (a). Pub. L. 100427, § 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. 100427, § 25(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective DateFor effective date and applicability of section, see section 6303 of Pub. L. 100297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education.
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# 25 U.S.C. § 1a - Delegation of powers and duties by Secretary of the Interior and Commissioner of Indian Affairs
## Text
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.
(Aug. 8, 1946, ch. 907, 60 Stat. 939; Pub. L. 101509, title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454.)
## Notes
Editorial Notes
Amendments1990—Pub. L. 101509 substituted “Deputy Secretary” for “Under Secretary” before “or to an Assistant Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101509 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, § 112(e)(1), (2)(B)] of Pub. L. 101509, set out as a note under section 3404 of Title 20, Education.
Assistant CommissionersAn assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, § 1, 38 Stat. 490.
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 2 - Duties of Commissioner
## Text
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.
(R.S. § 463.)
## Notes
Editorial Notes
Codification R.S. § 463 derived from acts July 9, 1832, ch. 174, § 1, 4 Stat. 564; July 27, 1868, ch. 259, § 1, 15 Stat. 228.
Statutory Notes and Related Subsidiaries
Transfer of Functions 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.
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 2a - Assistant or deputy commissioners; appointment; powers and duties
## Text
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.
(June 5, 1942, ch. 336, § 1, 56 Stat. 312; 1946 Reorg. Plan No. 3, § 403(d), eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972.)
## Notes
Editorial Notes
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. 89554, § 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.
Amendments1949—Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.
Statutory Notes and Related Subsidiaries
RepealsAct Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
Repeal of Inconsistent LawsAct June 5, 1942, ch. 336, § 2, 56 Stat. 312, provided that: “All provisions of law inconsistent with this Act [this section] are hereby repealed to the extent of such inconsistency.”
Assistant CommissionersAn assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, § 1, 38 Stat. 490.
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 3 - Compilation of statutes regulating duties of Indian agents and inspectors
## Text
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.
(May 17, 1882, ch. 163, § 7, 22 Stat. 88.)
## Notes
Editorial Notes
Codification Section is from the Indian Appropriation Act, 1883.
Statutory Notes and Related Subsidiaries
Indian AgentsThere have been no Indian agents since 1908. See note under section 64 of this title.
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 4 - Defective record of deeds and papers legalized
## Text
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.
(July 26, 1892, ch. 256, § 1, 27 Stat. 272.)
## Notes
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 5 - Record of deeds by Indians requiring approval
## Text
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.
(July 26, 1892, ch. 256, § 2, 27 Stat. 273.)
## Notes
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 6 - Seal; authenticated and certified documents; evidence
## Text
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.
(July 26, 1892, ch. 256, § 3, 27 Stat. 273.)
## Notes
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 7 - Fees for furnishing certified copies of records
## Text
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 Commissioners 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.
(July 26, 1892, ch. 256, § 4, 27 Stat. 273; Pub. L. 92310, title II, § 229(b), June 6, 1972, 86 Stat. 208.)
## Notes
Editorial Notes
Amendments1972—Pub. L. 92310 struck out provisions which required the receiving clerk to give a bond in the sum of $1,000.
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 8 - Accounts for claims and disbursements
## Text
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.
(R.S. § 464; June 10, 1921, ch. 18, title III, § 304, 42 Stat. 24; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814.)
## Notes
Editorial Notes
Codification R.S. § 464 derived from act July 9, 1832, ch. 174, § 3, 4 Stat. 564.
Statutory Notes and Related Subsidiaries
Transfer of Functions “Government Accountability Office” substituted in text for “General Accounting Office” pursuant to section 8(b) of Pub. L. 108271, 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.
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 9 - Regulations by President
## Text
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.
(R.S. § 465.)
## Notes
Editorial Notes
Codification R.S. § 465 derived from act June 30, 1834, ch. 162, § 17, 4 Stat. 738.
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# 25 U.S.C. § 371 - Descent of land
## Text
For the purpose of determining the descent of land to the heirs of any deceased Indian under the provisions of section 348 of this title, whenever any male and female Indian shall have cohabited together as husband and wife according to the custom and manner of Indian life the issue of such cohabitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate issue of the Indians so living together, and every Indian child, otherwise illegitimate, shall for such purpose be taken and deemed to be the legitimate issue of the father of such child: Provided, That the provisions of this Act shall not be held or construed as to apply to the lands commonly called and known as the “Cherokee Outlet.”
(Feb. 28, 1891, ch. 383, § 5, 26 Stat. 795.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Feb. 28, 1891, ch. 383, 26 Stat. 794, which enacted sections 336, 371, and 397 of this title and amended section 331 of this title. For complete classification of this Act to the Code, see Tables.
Codification A further provision of section 5 of act Feb. 28, 1891, “that no allotment of lands shall be made or annuities of money paid to any of the Sac and Fox of the Missouri Indians who were not enrolled as members of said tribe on January first, eighteen hundred and ninety; but this shall not be held to impair or otherwise affect the rights or equities of any person whose claim to membership in said tribe is now pending and being investigated,” was repealed by a provision of the Indian Appropriation Act of Mar. 2, 1895, ch. 188, § 1, 28 Stat. 902.
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# 25 U.S.C. § 3721 - Repealed. Pub. L. 101301, § 12(a), May 24, 1990, 104 Stat. 211
## Notes
Section, Pub. L. 9028, title I, June 24, 1967, 81 Stat. 69, provided that, on and after June 24, 1967, hearing officers appointed for Indian probate work did not have to be appointed pursuant to the Administrative Procedure Act, as amended. Similar provisions were contained in the following prior appropriation acts:
May 31, 1966, Pub. L. 89435, title I, 80 Stat. 181.
June 28, 1965, Pub. L. 8952, title I, 79 Stat. 185.
July 7, 1964, Pub. L. 88356, title I, 78 Stat. 284.
July 26, 1963, Pub. L. 8879, title I, 77 Stat. 107.
Aug. 9, 1962, Pub. L. 87578, title I, 76 Stat. 345.
Aug. 3, 1961, Pub. L. 87122, title I, 75 Stat. 256.
May 13, 1960, Pub. L. 86455, title I, 74 Stat. 104.
June 23, 1959, Pub. L. 8660, title I, 73 Stat. 92.
June 4, 1958, Pub. L. 85439, title I, 72 Stat. 155.
July 1, 1957, Pub. L. 8577, title I, 71 Stat. 257.
June 13, 1956, ch. 380, title I, 70 Stat. 257.
June 16, 1955, ch. 147, title I, 69 Stat. 141.
Aug. 26, 1954, ch. 935, Ch. VII, 68 Stat. 813.
Statutory Notes and Related Subsidiaries
Savings ProvisionPub. L. 101301, § 12(b), May 24, 1990, 104 Stat. 211, provided that: “Hearing officers heretofore appointed to preside over Indian probate proceedings pursuant to the proviso repealed by subsection (a) [25 U.S.C. 3721], having met the qualifications required for appointment pursuant to section 3105 of title 5, United States Code, shall be deemed to have been appointed pursuant to that section.”
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# 25 U.S.C. § 3722 - Indian probate judges
## Text
Notwithstanding any other provision of law, for fiscal year 2006 and each fiscal year thereafter, for the purpose of adjudicating Indian probate cases in the Department of the Interior, the hearing requirements of chapter 10 of this title are deemed satisfied by a proceeding conducted by an Indian probate judge, appointed by the Secretary without regard to the provisions of title 5 governing the appointments in the competitive service, for such period of time as the Secretary determines necessary: Provided, That the basic pay of an Indian probate judge so appointed may be fixed by the Secretary without regard to the provisions of chapter 51, and subchapter III of chapter 53 of title 5, governing the classification and pay of General Schedule employees, except that no such Indian probate judge may be paid at a level which exceeds the maximum rate payable for the highest grade of the General Schedule, including locality pay.
(Pub. L. 10954, title I, § 108, Aug. 2, 2005, 119 Stat. 522; Pub. L. 11274, div. E, title I, § 111, Dec. 23, 2011, 125 Stat. 1009.)
## Notes
Editorial Notes
Amendments2011—Pub. L. 11274 substituted “for fiscal year 2006 and each fiscal year thereafter, for the purpose of adjudicating” for “in fiscal years 2006 through 2010, for the purpose of reducing the backlog of”.
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# 25 U.S.C. § 372 - Ascertainment of heirs of deceased allottees; settlement of estates; sale of lands; deposit of Indian moneys
## Text
When any Indian to whom an allotment of land has been made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said allotment as hereinafter provided, the Secretary of the Interior, upon notice and hearing, under the Indian Land Consolidation Act [25 U.S.C. 2201 et seq.] or a tribal probate code approved under such Act and pursuant to such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decisions shall be subject to judicial review to the same extent as determinations rendered under section 373 of this title. If the Secretary of the Interior decides the heir or heirs of such decedent competent to manage their own affairs, he shall issue to such heir or heirs a patent in fee for the allotment of such decedent; if he shall decide one or more of the heirs to be incompetent, he may, in his discretion, cause such lands to be sold: Provided, That if the Secretary of the Interior shall find that the lands of the decedent are capable of partition to the advantage of the heirs, he may cause the shares of such as are competent, upon their petition, to be set aside and patents in fee to be issued to them therefor. All sales of lands allotted to Indians authorized by this or any other Act shall be made under such rules and regulations and upon such terms as the Secretary of the Interior may prescribe, and he shall require a deposit of 10 per centum of the purchase price at the time of the sale. Should the purchaser fail to comply with the terms of sale prescribed by the Secretary of the Interior, the amount so paid shall be forfeited; in case the balance of the purchase price is to be paid on such deferred payments, all payments made, together with all interest paid on such deferred installments, shall be so forfeited for failure to comply with the terms of the sale. All forfeitures shall inure to the benefit of the allottee or his heirs. Upon payment of the purchase price in full, the Secretary of the Interior shall cause to be issued to the purchaser patent in fee for such land: Provided, That the proceeds of the sale of inherited lands shall be paid to such heir or heirs as may be competent and held in trust subject to use and expenditure during the trust period for such heir or heirs as may be incompetent as their respective interests shall appear: Provided further, That the Secretary of the Interior is authorized, in his discretion, to issue a certificate of competency, upon application therefor, to any Indian, or in case of his death to his heirs, to whom a patent in fee containing restrictions on alienation has been or may hereafter be issued, and such certificate shall have the effect of removing the restrictions on alienation contained in such patent: Provided further, That any United States Indian agent, superintendent, or other disbursing agent of the Indian Service may deposit Indian moneys, individual or tribal, coming into his hands as custodian, in such bank or banks as he may select: Provided, That the bank or banks so selected by him shall first execute to the said disbursing agent a bond, with approved surety, in such amount as will properly safeguard the funds to be deposited. Such bonds shall be subject to the approval of the Secretary of the Interior.
(June 25, 1910, ch. 431, § 1, 36 Stat. 855; Mar. 3, 1928, ch. 122, 45 Stat. 161; Apr. 30, 1934, ch. 169, 48 Stat. 647; Pub. L. 101301, § 12(c), May 24, 1990, 104 Stat. 211; Pub. L. 106462, title I, § 106(b)(1), Nov. 7, 2000, 114 Stat. 2007.)
## Notes
Editorial Notes
References in TextThe Indian Land Consolidation Act, referred to in text, is title II of Pub. L. 97459, Jan. 12, 1983, 96 Stat. 2517, which is classified generally to chapter 24 (§ 2201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. This Act, referred to in text, is act June 25, 1910, ch. 431, 36 Stat. 855, which enacted sections 47, 93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, section 6a1 of former Title 41, Public Contracts, and section 148 of Title 43, Public Lands, and amended sections 191, 312, 331, 333, and 336 of this title and sections 104 and 107 of former Title 18, Criminal Code and Criminal Procedure. Sections 104 and 107 of former Title 18 were repealed and restated as sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. Section 6a1 of former Title 41 was repealed and restated as section 6102(e) of Title 41, Public Contracts, by Pub. L. 111350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Tables.
Amendments2000—Pub. L. 106462 substituted “under the Indian Land Consolidation Act or a tribal probate code approved under such Act and pursuant to such rules” for “under such rules” in first sentence. 1990—Pub. L. 101301 substituted “his decisions shall be subject to judicial review to the same extent as determinations rendered under section 373 of this title” for “his decision thereon shall be final and conclusive”. 1934—Act Apr. 30, 1934, substituted “, all payments made, together with all interest paid on such deferred installments, shall be so forfeited” for “a further amount, not exceeding 15 per centum of the purchase price together with all interest paid on such deferred installments may be so forfeited”, inserted “allottee or his” in sentence beginning “All forfeitures shall inure” and struck out “hereafter” from last proviso. 1928—Act Mar. 3, 1928, inserted in introductory text “or may hereafter be made,” after “has been made,”, “together with all interest paid on such deferred installments” after “purchase price”, “or may hereafter be” after “restrictions on alienation has been”, and “hereafter” in last proviso, and substituted “by this or any other Act” for “by any Act”.
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# 25 U.S.C. § 372a - Heirs by adoption
## Text
In probate matters under the exclusive jurisdiction of the Secretary of the Interior, no person shall be recognized as an heir of a deceased Indian by virtue of an adoption—
(1) Unless such adoption shall have been—
(a) by a judgment or decree of a State court;
(b) by a judgment or decree of an Indian court;
(c) by a written adoption approved by the superintendent of the agency having jurisdiction over the tribe of which either the adopted child or the adoptive parent is a member, and duly recorded in a book kept by the superintendent for that purpose; or
(d) by an adoption in accordance with a procedure established by the tribal authority, recognized by the Department of the Interior, of the tribe either of the adopted child or the adoptive parent, and duly recorded in a book kept by the tribe for that purpose; or
(2) Unless such adoption shall have been recognized by the Department of the Interior prior to the effective date of this section or in the distribution of the estate of an Indian who has died prior to that date: Provided, That an adoption by Indian custom made prior to the effective date of this section may be made valid by recordation with the superintendent if both the adopted child and the adoptive parent are still living, if the adoptive parent requests that the adoption be recorded, and if the adopted child is an adult and makes such a request or the superintendent on behalf of a minor child approves of the recordation.
This section shall not apply with respect to the distribution of the estates of Indians of the Five Civilized Tribes or the Osage Tribe in the State of Oklahoma, or with respect to the distribution of estates of Indians who have died prior to the effective date of this section.
(July 8, 1940, ch. 555, §§ 1, 2, 54 Stat. 746.)
## Notes
Editorial Notes
References in TextFor effective date of this section, referred to in text, see Effective Date note set out below.
Codification First and second paragraphs of this section are from sections 1 and 2, respectively, of act July 8, 1940.
Statutory Notes and Related Subsidiaries
Effective DateAct July 8, 1940, ch. 555, § 3, 54 Stat. 746, provided that: “This Act shall become effective six months after the date of its approval [July 8, 1940].”
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 373 - Disposal by will of allotments held under trust
## Text
Any persons of the age of eighteen years or older having any right, title, or interest in any allotment held under trust or other patent containing restrictions on alienation or individual Indian moneys or other property held in trust by the United States shall have the right prior to the expiration of the trust or restrictive period, and before the issuance of a fee simple patent or the removal of restrictions, to dispose of such property by will, in accordance with the Indian Land Consolidation Act [25 U.S.C. 2201 et seq.] or a tribal probate code approved under such Act and regulations to be prescribed by the Secretary of the Interior: Provided, however, That no will so executed shall be valid or have any force or effect unless and until it shall have been approved by the Secretary of the Interior: Provided further, That the Secretary of the Interior may approve or disapprove the will either before or after the death of the testator, and in case where a will has been approved and it is subsequently discovered that there has been fraud in connection with the execution or procurement of the will the Secretary of the Interior is authorized within one year after the death of the testator to cancel the approval of the will, and the property of the testator shall thereupon descend or be distributed in accordance with the laws of the State wherein the property is located: Provided further, That the approval of the will and the death of the testator shall not operate to terminate the trust or restrictive period, but the Secretary of the Interior may, in his discretion, cause the lands to be sold and the money derived therefrom, or so much thereof as may be necessary, used for the benefit of the heir or heirs entitled thereto, remove the restrictions, or cause patent in fee to be issued to the devisee or devisees, and pay the moneys to the legatee or legatees either in whole or in part from time to time as he may deem advisable, or use it for their benefit: Provided also, That this section and section 372 of this title shall not apply to the Five Civilized Tribes or the Osage Indians.
(June 25, 1910, ch. 431, § 2, 36 Stat. 856; Feb. 14, 1913, ch. 55, 37 Stat. 678; Pub. L. 100153, § 2, Nov. 5, 1987, 101 Stat. 886; Pub. L. 106462, title I, § 106(b)(2), Nov. 7, 2000, 114 Stat. 2007.)
## Notes
Editorial Notes
References in TextThe Indian Land Consolidation Act, referred to in text, is title II of Pub. L. 97459, Jan. 12, 1983, 96 Stat. 2517, which is classified generally to chapter 24 (§ 2201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
Amendments2000—Pub. L. 106462 substituted “with the Indian Land Consolidation Act or a tribal probate code approved under such Act and regulations to be prescribed by the Secretary of the Interior:” for “with regulations to be prescribed by the Secretary of the Interior:”. 1987—Pub. L. 100153 which directed amendment of this section by substituting “the age of eighteen years or older” for “the age of twenty-one years, or over” was executed by substituting the new language for “the age of twenty-one years” as the probable intent of Congress because the words “, or over” did not appear. 1913—Act Feb. 14, 1913, amended section generally.
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# 25 U.S.C. § 373a - Disposition of trust or restricted estate of intestate without heirs; successor tribe; sale of land
## Text
Upon final determination by the Secretary of the Interior that the Indian holder of a trust or restricted allotment of lands or an interest therein has died intestate without heirs, the lands or interest so owned, together with all accumulated rents, issues, and profits therefrom held in trust for the decedent, shall escheat to the tribe owning the land at the time of allotment subject to the payment of such creditors claims as the Secretary of the Interior may find proper to be paid from the cash on hand or income accruing to said estate and subject to all valid existing agricultural, surface, and mineral leases and the rights of any person thereunder. If the tribe which owned the land at the time of allotment has been reorganized or reconstituted by reason of amalgamation with another tribe or group of Indians or of subdivision within the tribe or otherwise, the land shall escheat to the tribe or group which has succeeded to the jurisdiction of the original tribe over the area in question. If neither the tribe which owned the land at the time of allotment nor a successor tribe or group exists, the land or interest therein shall be held in trust for such Indians as the Secretary may designate within the State or States wherein the land is situated or, if the Secretary determines that the land cannot appropriately be used by or for such Indians, it shall be sold, subject to all valid existing agricultural, surface, and mineral leases and the rights of any person thereunder, and the proceeds of such sale shall be held in trust for such Indians as the Secretary may designate, within the State or States wherein the land is situated.
(Nov. 24, 1942, ch. 640, § 1, 56 Stat. 1021.)
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# 25 U.S.C. § 373b - Restricted estate or homestead on the public domain
## Text
If an Indian found to have died intestate without heirs was the holder of a restricted allotment or homestead or interest therein on the public domain, the land or interest therein and all accumulated rents, issues, and profits therefrom shall escheat to the United States, subject to all valid existing agricultural, surface, and mineral leases and the rights of any person thereunder, and the land shall become part of the public domain subject to the payment of such creditors claims as the Secretary of the Interior may find proper to be paid from the cash on hand or income accruing to said estate: Provided, That if the Secretary determines that the land involved lies within or adjacent to an Indian community and may be advantageously used for Indian purposes, the land or interest therein shall escheat to the United States to be held in trust for such needy Indians as the Secretary of the Interior may designate, where the value of the estate does not exceed $50,000, and in case of estates exceeding said sum, such estates shall be held in trust by the United States for such Indians as the Congress may on and after November 24, 1942 designate, subject to all valid existing agricultural, surface, and mineral leases and the rights of any person thereunder 11 So in original. Probably should be followed by a colon. Provided further, That interests in all Burns public domain allotments located in Harney County, Oregon, belonging to Indians who die intestate without heirs shall be held in trust by the United States for the Burns Paiute Indian Colony of Oregon and shall be part of the Burns Paiute Indian Reservation.
(Nov. 24, 1942, ch. 640, § 2, 56 Stat. 1022; Pub. L. 9825, §§ 2, 3, May 2, 1983, 97 Stat. 185.)
## Notes
Editorial Notes
Amendments1983—Pub. L. 9825, § 2, inserted proviso that interests in all Burns public domain allotments located in Harney County, Oregon, belonging to Indians who die intestate without heirs shall be held in trust by the United States for the Burns Paiute Indian Colony of Oregon and shall be part of the Burns Paiute Indian Reservation. Pub. L. 9825, § 3, substituted “$50,000” for “$2,000”.
Statutory Notes and Related Subsidiaries
Non-Indian Lands in Harney County, OregonPub. L. 9825, § 2, May 2, 1983, 97 Stat. 185, provided in part that no non-Indian lands in Harney County, Oregon, shall be considered Indian country as defined in section 1151 of Title 18, Crimes and Criminal Procedure.
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# 25 U.S.C. § 373c - Sections 373a and 373b as inapplicable to certain Indians
## Text
The provisions of sections 373a and 373b of this title shall not apply to the Indians of the Five Civilized Tribes or the Osage Reservation, in Oklahoma.
(Nov. 24, 1942, ch. 640, § 3, 56 Stat. 1022.)
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# 25 U.S.C. § 374 - Attendance of witnesses
## Text
The authority delegated to judges of the United States courts by section 24 of title 35 is conferred upon the Secretary of the Interior to require the attendance of witnesses at hearings, upon proper showing by any of the parties to determine the heirs of decedents, held in accordance with sections 372 and 373 of this title, under such rules and regulations as he may prescribe.
(Aug. 1, 1914, ch. 222, § 1, 38 Stat. 586.)
## Notes
Editorial Notes
Codification “Section 24 of title 35” substituted in text for “section 56 of title 35” on authority of act July 19, 1952, ch. 950, 66 Stat. 792, section 1 of which enacted Title 35, Patents.
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# 25 U.S.C. § 375 - Determination of heirship of deceased members of Five Civilized Tribes
## Text
A determination of the question of fact as to who are the heirs of any deceased citizen allottee of the Five Civilized Tribes of Indians who may die or may have heretofore died, leaving restricted heirs, by the probate court of the State of Oklahoma having jurisdiction to settle the estate of said deceased, conducted in the manner provided by the laws of said State for the determination of heirship in closing up the estates of deceased persons, shall be conclusive of said question: Provided, That an appeal may be taken in the manner and to the court provided by law, in cases of appeal in probate matters generally: Provided further, That where the time limited by the laws of said State for the institution of administration proceedings has elapsed without their institution, as well as in cases where there exists no lawful ground for the institution of administration proceedings in said courts, a petition may be filed therein having for its object a determination of such heirship and the case shall proceed in all respects as if administration proceedings upon other proper grounds had been regularly begun, but this proviso shall not be construed to reopen the question of the determination of an heirship already ascertained by competent legal authority under existing laws: Provided further, That said petition shall be verified, and in all cases arising hereunder service by publication may be had on all unknown heirs, the service to be in accordance with the method of serving nonresident defendants in civil suits in the district courts of said State; and if any person so served by publication does not appear and move to be heard within six months from the date of the final order, he shall be concluded equally with parties personally served or voluntarily appearing.
(June 14, 1918, ch. 101, § 1, 40 Stat. 606.)
## Notes
Statutory Notes and Related Subsidiaries
Administration Expenses; Compensation; Restriction on Use of Funds; AppealAct June 30, 1919, ch. 4, § 18, 41 Stat. 21, appropriated $205,000 for expenses of administration of the affairs of the Five Civilized Tribes, Oklahoma, and the compensation of employees, prohibited any part of the appropriation from being used in forwarding the undisputed claims to be paid from individual moneys of restricted allottees, or their heirs, or in forwarding uncontested agricultural and mineral leases (excluding oil and gas leases) made by individual restricted Indian allottees, or their heirs, to the Secretary of the Interior for approval, provided that all such undisputed claims or uncontested leases (except oil and gas leases) required to be approved under existing law by the Secretary of the Interior shall be paid, approved, rejected or disapproved by the Superintendent for the Five Civilized Tribes of Oklahoma and authorized an appeal within thirty days by party aggrieved by any decision or order of the Superintendent for the Five Civilized Tribes of Oklahoma to the Secretary of the Interior.
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# 25 U.S.C. § 375a - Jurisdiction of Secretary of the Interior over probate and distribution of estates not exceeding $2,500
## Text
Exclusive jurisdiction is hereby conferred on the Secretary of the Interior to determine the heirs after notice and hearing under such rules and regulations as he may prescribe, and to probate the estate of any deceased restricted Indian, enrolled or unenrolled, of the Five Civilized Tribes of Oklahoma, whenever the restricted estate consists only of funds or securities under the control of the Department of the Interior of an aggregate value not exceeding $2,500: Provided, That where such decedent died prior to December 24, 1942, the distribution of such funds and securities, including the decedents share of any tribal funds, shall be made in accordance with the statute of descent and distribution applicable at the date of death: And provided further, That where the decedent dies subsequently to December 24, 1942 distribution of all such funds and securities, including tribal funds aforesaid, shall be effected in accordance with the statute of descent and distribution of the State of Oklahoma.
(Dec. 24, 1942, ch. 813, § 1, 56 Stat. 1080.)
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# 25 U.S.C. § 375b - Repealed. Pub. L. 96363, § 2(a), Sept. 26, 1980, 94 Stat. 1207
## Notes
Section, act Dec. 24, 1942, ch. 813, § 2, 56 Stat. 1081, set forth schedule of fees collectible by Secretary prior to distribution of estate to individuals entitled under provisions of section 375a of this title.
Statutory Notes and Related Subsidiaries
Cancellation of Assessed Unpaid FeesAuthority of Secretary of the Interior to cancel unpaid fees assessed under this section prior to the repeal, see section 2(b) of Pub. L. 96363, set out as a note under section 377 of this title.
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# 25 U.S.C. § 375c - Disbursement of sums not exceeding $500 to heirs or legatees
## Text
The Secretary of the Interior is granted authority to disburse to the heirs or legatees of deceased members of the Five Civilized Tribes any sum of money on deposit to the credit of such deceased Indian or Indians, not exceeding $500, where said decedent died seized of no lands or the lands have since been lawfully alienated. Said funds shall be disbursed on proof of death and heirship or bequest satisfactory to the Secretary of the Interior and his finding thereon shall be final and conclusive: Provided, That such transfer of funds so disbursed shall not be taxable.
(Aug. 12, 1953, ch. 409, § 1, 67 Stat. 558.)
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# 25 U.S.C. § 375d - Disposition of estates of intestate members of Cherokee, Chickasaw, Choctaw, and Seminole Nations of Oklahoma dying without heirs
## Text
Upon the final determination of a court having jurisdiction or by decision of the Secretary of the Interior after a period of five years from the death of the decedent, it is determined that a member of the Cherokee, Chickasaw, Choctaw, or Seminole Nations or Tribes of Oklahoma or a person of the blood of said tribes has died intestate without heirs, owning trust or restricted Indian lands in Oklahoma or an interest therein or rents or profits therefrom, such lands, interests, or profits shall escheat to the Nation or tribe from which title to the trust or restricted Indian lands or interest therein was derived and shall be held thereafter in trust by the United States for said nation or tribe.
(Pub. L. 91240, May 7, 1970, 84 Stat. 203.)
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title_number: 25
title_name: "INDIANS"
chapter_number: "10"
chapter_name: "DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE"
section: "376"
citation: "25 U.S.C. § 376"
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# 25 U.S.C. § 376 - Oaths in investigations
## Text
After August 1, 1914, any officer or employee appointed or designated by the Secretary of the Interior or the Commissioner of Indian Affairs as special examiner in heirship cases shall be authorized to administer oaths in investigations committed to him: Provided further, That the provisions of this paragraph shall not apply to the Osage Indians nor to the Five Civilized Tribes of Indians in Oklahoma.
(Aug. 1, 1914, ch. 222, § 1, 38 Stat. 586.)
## Notes
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 377 - Repealed. Pub. L. 96363, § 2(a), Sept. 26, 1980, 94 Stat. 1207
## Notes
Section, acts Jan. 24, 1923, ch. 42, 42 Stat. 1185; May 29, 1928, ch. 901, § 1(84), 45 Stat. 992, related to payment or deduction from trust funds, etc., of cost of determining heirs, and set forth a schedule of fees.
Statutory Notes and Related Subsidiaries
Cancellation of Assessed Unpaid FeesPub. L. 96363, § 2(b), Sept. 26, 1980, 94 Stat. 1207, provided that: “The Secretary of the Interior may cancel any unpaid fees assessed under the provisions repealed by this section [sections 375b and 377 of this title].”
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# 25 U.S.C. § 378 - Partition of allotment among heirs; patents
## Text
If the Secretary of the Interior shall find that any inherited trust allotment or allotments are capable of partition to the advantage of the heirs, he may cause such lands to be partitioned among them, regardless of their competency, patents in fee to be issued to the competent heirs for their shares and trust patents to be issued to the incompetent heirs for the lands respectively or jointly set apart to them, the trust period to terminate in accordance with the terms of the original patent or order of extension of the trust period set out in said patent.
(May 18, 1916, ch. 125, § 1, 39 Stat. 127.)
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# 25 U.S.C. § 379 - Sale of allotted lands by heirs
## Text
The adult heirs of any deceased Indian to whom a trust or other patent containing restrictions upon alienation has been or shall be issued for lands allotted to him may sell and convey the lands inherited from such decedent, but in case of minor heirs their interests shall be sold only by a guardian duly appointed by the proper court upon the order of such court, made upon petition filed by the guardian, but all such conveyances shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser, the same as if a final patent without restriction upon the alienation had been issued to the allottee. All allotted land so alienated by the heirs of an Indian allottee and all land so patented to a white allottee shall thereupon be subject to taxation under the laws of the State or Territory where the same is situate: Provided, That the sale herein provided for shall not apply to the homestead during the life of the father, mother or the minority of any child or children.
(May 27, 1902, ch. 888, § 7, 32 Stat. 275.)
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# 25 U.S.C. § 380 - Lease of inherited allotments by superintendent
## Text
Restricted allotments of deceased Indians may be leased, except for oil and gas mining purposes, by the superintendents of the reservation within which the lands are located (1) when the heirs or devisees of such decedents have not been determined and (2) when the heirs or devisees of the decedents have been determined, and such lands are not in use by any of the heirs and the heirs have not been able during a three-months period to agree upon a lease by reason of the number of the heirs, their absence from the reservation, or for other cause, under such rules and regulations as the Secretary of the Interior may prescribe. The proceeds derived from such leases shall be credited to the estates or other accounts of the individuals entitled thereto in accordance with their respective interests.
(July 8, 1940, ch. 554, 54 Stat. 745.)
## Notes
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 381 - Irrigation lands; regulation of use of water
## Text
In cases where the use of water for irrigation is necessary to render the lands within any Indian reservation available for agricultural purposes, the Secretary of the Interior is authorized to prescribe such rules and regulations as he may deem necessary to secure a just and equal distribution thereof among the Indians residing upon any such reservations; and no other appropriation or grant of water by any riparian proprietor shall be authorized or permitted to the damage of any other riparian proprietor.
(Feb. 8, 1887, ch. 119, § 7, 24 Stat. 390.)
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# 25 U.S.C. § 382 - Irrigation projects under Reclamation Act
## Text
In carrying out any irrigation project which may be undertaken under the provisions of the Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), known as “The Reclamation Act,” and which may make possible, and provide for in connection with the reclamation of other lands, the irrigation of all or any part of the irrigable lands heretofore included in allotments made to Indians under section 334 of this title, the Secretary of the Interior is authorized to make such arrangement and agreement in reference thereto as said Secretary deems for the best interest of the Indians: Provided, That no lien or charge for construction, operation, or maintenance shall thereby be created against any such lands.
(Mar. 3, 1909, ch. 263, 35 Stat. 798.)
## Notes
Editorial Notes
References in TextAct of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables.
Codification A further proviso authorized the expenditure of a limited amount from the appropriation in the act for irrigation, to meet the cost of carrying out this section, and was omitted as temporary.
Statutory Notes and Related Subsidiaries
Similar ProvisionsSimilar provisions were contained in act Apr. 30, 1908, ch. 153, 35 Stat. 85.
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# 25 U.S.C. § 383 - Repealed. Pub. L. 97293, title II, § 224(f), Oct. 12, 1982, 96 Stat. 1273
## Notes
Section, act Aug. 4, 1910, ch. 140, § 1, 36 Stat. 270, provided that no new irrigation project on any Indian reservation, allotments, or lands, could be undertaken until it had been estimated for and a maximum limit of cost ascertained from surveys, plans, and reports submitted by chief irrigation engineer in Indian Service and approved by Commissioner of Indian Affairs and Secretary of the Interior, that such limit of cost could in no case be exceeded without express authorization of Congress, and that no project to cost in the aggregate to exceed $35,000 could be undertaken on any Indian reservation or allotment, without specific authority of Congress.
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# 25 U.S.C. § 384 - Employment of superintendents of irrigation
## Text
The Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, may employ superintendents of irrigation who shall be skilled irrigation engineers, not to exceed seven in number.
(Apr. 4, 1910, ch. 140, § 1, 36 Stat. 271.)
## Notes
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 385 - Maintenance charges; reimbursement of construction costs; apportionment of cost
## Text
For lands irrigable under any irrigation system or reclamation project the Secretary of the Interior may fix maintenance charges which shall be paid as he may direct, such payments to be available for use in maintaining the project or system for which collected: Provided further, That all moneys expended under this provision shall be reimbursable where the Indians have adequate funds to repay the Government, such reimbursements to be made under such rules and regulations as the Secretary of the Interior may prescribe: Provided further, That the Secretary of the Interior is authorized and directed to apportion the cost of any irrigation project constructed for Indians and made reimbursable out of tribal funds of said Indians in accordance with the benefits received by each individual Indian so far as practicable from said irrigation project, said cost to be apportioned against such individual Indian under such rules, regulations, and conditions as the Secretary of the Interior may prescribe.
(Apr. 4, 1910, ch. 140, §§ 1, 3, 36 Stat. 270, 272; Aug. 1, 1914, ch. 222, § 1, 38 Stat. 583; Aug. 7, 1946, ch. 770, § 1(8), 60 Stat. 867; Pub. L. 97293, title II, § 224(f), Oct. 12, 1982, 96 Stat. 1273.)
## Notes
Editorial Notes
Codification Section is based on sections 1 and 3 of act Apr. 4, 1910, and section 1 of act Aug. 1, 1914. A provision in act Aug. 1, 1914, appropriated a specific sum for the construction, repair, etc., of ditches, reservoirs, etc., and for the pay of designated officials and employees.
Amendments1982—Pub. L. 97293 struck out provisions requiring Secretary of the Interior to transmit annual cost accounts to Congress of all moneys expended on each irrigation project. 1946—Act Aug. 7, 1946, discontinued provisions requiring Secretary of the Interior to transmit annual cost accounts to Congress of all moneys expended on each irrigation project.
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# 25 U.S.C. § 385a - Irrigation projects; deposit of assessments as trust fund; disposition of fund
## Text
Effective August 7, 1946, collections made from water users on each Indian irrigation project on account of assessments levied to meet the cost of operating and maintaining such project shall be deposited into the Treasury for credit to a trust-fund account pursuant to section 1321 of title 31, and shall be available for expenditure in carrying out the purposes for which collected.
(Aug. 7, 1946, ch. 802, § 1, 60 Stat. 895.)
## Notes
Editorial Notes
Codification “Section 1321 of title 31” substituted in text for “section 20 of the Permanent Appropriation Repeal Act, 1934 (48 Stat. 1227) [31 U.S.C. 725s]” on authority of Pub. L. 97258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was formerly classified to section 725s1 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97258, § 1, Sept. 13, 1982, 96 Stat. 877.
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# 25 U.S.C. § 385b - Amounts creditable to fund
## Text
There shall be credited to each trust-fund account established under section 385a of this title the excess, if any, of (1) the unexpended balance of any repealed special fund appropriation to which operation and maintenance collections were credited prior to July 1, 1935, and (2) the amount of receipts covered into the Treasury pursuant to section 4 of the Permanent Appropriation Repeal Act, 1934 (48 Stat. 1227), over expenditures from appropriations provided for the operation and maintenance of the irrigation project from which such unexpended balance or receipts were derived, and the amount so credited shall be subject to expenditure as prescribed in section 385a of this title.
(Aug. 7, 1946, ch. 802, § 2, 60 Stat. 895.)
## Notes
Editorial Notes
References in TextSection 4 of the Permanent Appropriation Repeal Act, 1934, referred to in text, is section 4 of act June 26, 1934, ch. 756, 48 Stat. 1227, which was classified to section 725c of former Title 31, and was omitted from the Code in the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97258, Sept. 13, 1982, 96 Stat. 877.
Codification Section was formerly classified to section 725s2 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97258, § 1, Sept. 13, 1982, 96 Stat. 877.
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# 25 U.S.C. § 385c - Appropriation and disposition of power revenues
## Text
Revenues collected after August 7, 1946, from power operations on each Indian irrigation project and deposited into the Treasury for credit to miscellaneous receipts pursuant to section 4 of the Permanent Appropriation Repeal Act, 1934 (48 Stat. 1227), or pursuant to other provisions of law, are authorized to be appropriated annually, in specific or in indefinite amounts, equal to the collections so credited, for the following purposes in connection with the respective projects from which such revenues are derived: (1) Payment of the expenses of operating and maintaining the power system; (2) creation and maintenance of reserve funds to be available for making repairs and replacements to, defraying emergency expenses for, and insuring continuous operation of the power system, the fund for each project to be maintained at such level, within limits set by the Director of the Office of Management and Budget, as may from time to time be prescribed by the Secretary of the Interior; (3) amortization, in accordance with the repayment provisions of the applicable statutes or contracts, of construction costs allocated to be returned from power revenues; and (4) payment of other expenses and obligations chargeable to power revenues to the extent required or permitted by law.
(Aug. 7, 1946, ch. 802, § 3, 60 Stat. 895; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.)
## Notes
Editorial Notes
References in TextSection 4 of the Permanent Appropriation Repeal Act, 1934, referred to in text, is section 4 of act June 26, 1934, ch. 756, 48 Stat. 1227, which was classified to section 725c of former Title 31, and was omitted from the Code in the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97258, Sept. 13, 1982, 96 Stat. 877.
Codification Section was formerly classified to section 725s3 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97258, § 1, Sept. 13, 1982, 96 Stat. 877.
Executive Documents
Transfer of Functions All functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget.
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# 25 U.S.C. § 386 - Reimbursement of construction charges
## Text
The Secretary of the Interior is authorized and directed to require the owners of irrigable land under any irrigation system constructed for the benefit of Indians and to which water for irrigation purposes can be delivered to begin partial reimbursement of the construction charges, where reimbursement is required by law, at such times and in such amounts as he may deem best; all payments hereunder to be credited on a per acre basis in favor of the land in behalf of which such payments shall have been made and to be deducted from the total per acre charge assessable against said land.
(Feb. 14, 1920, ch. 75, § 1, 41 Stat. 409.)
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# 25 U.S.C. § 386a - Adjustment of reimbursable debts; construction charges
## Text
The Secretary of the Interior is hereby authorized and directed to adjust or eliminate reimbursable charges of the Government of the United States existing as debts against individual Indians or tribes of Indians in such a way as shall be equitable and just in consideration of all the circumstances under which such charges were made: Provided, That the collection of all construction costs against any Indian-owned lands within any Government irrigation project is hereby deferred, and no assessments shall be made on behalf of such charges against such lands until the Indian title thereto shall have been extinguished, and any construction assessments heretofore levied against such lands in accordance with the provisions of section 386 of this title, and uncollected, are hereby canceled: Provided further, That the Secretary shall report such adjustments and eliminations to the Congress not later than sixty calendar days following the end of the fiscal year in which they are made: Provided further, That any proceedings hereunder shall not be effective until approved by Congress unless Congress shall have failed to act favorably or unfavorably thereon by concurrent resolution within ninety calendar days after the filing of said report, in which case they shall become effective at the termination of the said ninety calendar days: Provided further, That the Secretary shall adjust or eliminate charges, defer collection of construction costs, and make no assessment on behalf of such charges for beneficiaries that hold leases on Hawaiian home lands, to the same extent as is permitted for individual Indians or tribes of Indians under this section.
(July 1, 1932, ch. 369, 47 Stat. 564; Pub. L. 97375, title II, § 208(a), Dec. 21, 1982, 96 Stat. 1824; Pub. L. 10442, title II, § 207, Nov. 2, 1995, 109 Stat. 364.)
## Notes
Editorial Notes
Amendments1995—Pub. L. 10442 inserted before period at end “: Provided further, That the Secretary shall adjust or eliminate charges, defer collection of construction costs, and make no assessment on behalf of such charges for beneficiaries that hold leases on Hawaiian home lands, to the same extent as is permitted for individual Indians or tribes of Indians under this section”. 1982—Pub. L. 97375, § 208(a)(1), substituted “That the Secretary shall report such adjustments and eliminations to the Congress not later than sixty calendar days following the end of the fiscal year in which they are made” for “That a report shall be made to Congress annually, on the first Monday in December, showing adjustments so made during the preceding fiscal year” in second proviso. Pub. L. 97375, § 208(a)(2), substituted “ninety calendar days” for “sixty legislative days” wherever appearing.
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# 25 U.S.C. § 387 - Omitted
## Notes
Editorial Notes
Codification Section, which related to basis of apportionment of costs of irrigation projects was from the Interior Department Appropriation Act, 1946, July 3, 1945, ch. 262, 59 Stat. 328, and was not repeated in the Interior Department Appropriation Act of 1947, act July 1, 1946, ch. 529, 60 Stat. 348. Similar provisions were contained in the following prior appropriation acts: June 28, 1944, ch. 298, 58 Stat. 474. July 12, 1943, ch. 219, 57 Stat. 461. July 2, 1942, ch. 473, 56 Stat. 518. June 28, 1941, ch. 259, 55 Stat. 317. June 18, 1940, ch. 395, 54 Stat. 419. May 10, 1939, ch. 119, 53 Stat. 700. May 9, 1938, ch. 187, 52 Stat. 304. Aug. 9, 1937, ch. 570, 50 Stat. 577. June 22, 1936, ch. 691, 49 Stat. 1769. May 9, 1935, ch. 101, 49 Stat. 186. Mar. 2, 1934, ch. 38, 48 Stat. 370. Feb. 17, 1933, ch. 98, 47 Stat. 829. Apr. 22, 1932, ch. 125, 47 Stat. 100. Feb. 14, 1931, ch. 187, 46 Stat. 1126. May 14, 1930, ch. 273, 46 Stat. 290. Mar. 4, 1929, ch. 705, 45 Stat. 1573. Mar. 7, 1928, ch. 137, 45 Stat. 210.
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# 25 U.S.C. § 388 - Claims for damages; settlement by agreement
## Text
The Secretary of the Interior is authorized to pay out of funds available for the Indian irrigation projects for damages caused to owners of lands or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of irrigation works of such projects and which may be compromised by agreement between the claimant and the Secretary of the Interior or such officers as he may designate: Provided, That the total of any such claims authorized to be settled as herein contemplated shall not exceed 5 per centum of the funds available for the project under which such claims arise during any one fiscal year.
(Feb. 20, 1929, ch. 279, 45 Stat. 1252.)
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# 25 U.S.C. § 389 - Investigation and adjustment of irrigation charges on lands within projects on Indian reservations
## Text
The Secretary of the Interior is authorized and directed to cause an investigation to be made to determine whether the owners of non-Indian lands under Indian irrigation projects and under projects where the United States has purchased water rights for Indians are unable to pay irrigation charges, including construction, maintenance, and operating charges, because of inability to operate such lands profitably by reason of lack of fertility of the soil, inadequacy of water supply, defects of irrigation works, or for any other causes. Where the Secretary finds that said landowners are unable to make payment due to the existence of such causes, he may adjust, defer, or cancel such charges, in whole or in part, as the facts and conditions warrant. In adjusting or deferring any such charges the Secretary may enter into contracts with said land owners for the payment of past due charges, but such contracts shall not extend the payment of such charges over a period in excess of ten years.
(June 22, 1936, ch. 692, § 1, 49 Stat. 1803.)
## Notes
Statutory Notes and Related Subsidiaries
Flathead Indian Irrigation ProjectAct July 26, 1947, ch. 340, 61 Stat. 494, provided that notwithstanding any provisions of sections 389 to 389e of this title, the Secretary of the Interior could defer the collection of irrigation construction charges on the Flathead Indian Irrigation Project until January 1, 1949.
Fort Peck Indian Irrigation ProjectIn accordance with sections 389 to 389e of this title, the order of the Secretary of the Interior canceling delinquent irrigation operation and maintenance charges of $461.40 and accrued interest thereon for certain lands adjacent to but outside the Fort Peck Indian irrigation project, $206,902.21 against lands within the Fort Peck project, and $118,266.64 of unassessed construction costs allocable against both Indian and non-Indian owned lands in the Fraiser-Wolf Point unit of the Fort Peck project, was approved by Pub. L. 90143, Nov. 16, 1967, 81 Stat. 465.
Klamath Indian Irrigation ProjectIn accordance with sections 389 to 389e of this title, the order of the Secretary of the Interior canceling $401,440.55 of reimbursable irrigation costs and any accrued interest thereon chargeable to lands in the Klamath Indian irrigation project, was approved by Pub. L. 88456, Aug. 20, 1964, 78 Stat. 554.
Oroville-Tonasket Irrigation DistrictAction of the Secretary of the Interior taken on May 19, 1942, pursuant to authority contained in sections 389 to 389e of this title with respect to lands within the Oroville-Tonasket Irrigation District was confirmed by Congress in act Dec. 24, 1942, ch. 816, 56 Stat. 1082.
Uintah Indian Irrigation ProjectPub. L. 91403, §§ 15, Sept. 18, 1970, 84 Stat. 843, 844, authorized the Secretary of the Interior to reimburse the Ute Tribe of the Uintah and Ouray Reservation for tribal funds that were used to construct, operate, and maintain the Uintah Indian irrigation project, Utah. Action of Secretary of the Interior taken pursuant to authority contained in sections 389 to 389e of this title with respect to lands within the Uintah Indian Irrigation Project was confirmed by Congress in act May 28, 1941, ch. 142, 55 Stat. 209.
Wapato Indian Irrigation ProjectIn accordance with sections 389 to 389e of this title, order of Secretary of the Interior dated Sept. 12, 1962, canceling $4,494.58 of delinquent irrigation charges, providing for the deferred payment of $10,356.03, and providing for the removal of 78.12 acres of assessable land from the Wapato Indian irrigation project, was approved by Pub. L. 88159, Oct. 28, 1963, 77 Stat. 278. In accordance with sections 389 to 389e of this title, order of Secretary of the Interior canceling $35,700.72 of delinquent irrigation charges, providing for the deferred payment of $13,851.98, and providing for the removal of two hundred thirty-two and fifty-six one hundredths acres of assessable land from the Wapato Indian irrigation project, was approved by Pub. L. 86281, Sept. 16, 1959, 73 Stat. 564. Action by the Secretary of the Interior taken Sept. 9, 1942, pursuant to authority contained in sections 389 to 389e of this title with respect to lands within the Wapato Indian irrigation project was confirmed in act Dec. 24, 1942, ch. 815, 56 Stat. 1081.
Wind River Indian Irrigation ProjectIn accordance with sections 389 to 389e of this title, the order of the Secretary of the Interior, canceling delinquent operation and maintenance irrigation charges of $1,134.99 and accrued interest thereon, against lands on the Wind River Indian irrigation project, and a contract for the deferred payment of delinquent charges in the amount of $2,331.59, was approved by Pub. L. 88116, Sept. 6, 1963, 77 Stat. 151. In accordance with sections 389 to 389e of this title, the order of the Secretary of the Interior, canceling delinquent irrigation charges of $36,439.70 and accrued interest therein, and providing for a deferred payment of $8,706.27, as shown in schedules A, B, and C of such order, was approved by Pub. L. 87516, July 2, 1962, 76 Stat. 128, provided that the cancellation under schedule B not become effective until the landowners agree to pay the balance of such delinquent charges amounting to $1,556.40.
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# 25 U.S.C. § 389a - Declaring lands to be temporarily nonirrigable
## Text
Where the Secretary finds that any such lands cannot be cultivated profitably due to a present lack of water supply, proper drainage facilities, or need of additional construction work, he shall declare such lands temporarily nonirrigable for periods not to exceed five years and no charges shall be assessed against such lands during such periods.
(June 22, 1936, ch. 692, § 2, 49 Stat. 1804.)
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# 25 U.S.C. § 389b - Elimination to permanently nonirrigable lands
## Text
Where the Secretary finds that any such lands are permanently nonirrigable he may, with the consent of the landowner, eliminate such lands from the project.
(June 22, 1936, ch. 692, § 3, 49 Stat. 1804.)
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# 25 U.S.C. § 389c - Cancellation of charges in absence of lien or contract for payment
## Text
Where irrigation assessments against any such lands remained unpaid at the time the Indian title to such lands became extinguished and no lien existed and attached to such lands for the payment of charges so assessed and no contract for the payment of such charges was entered into, the Secretary shall cancel all such charges.
(June 22, 1936, ch. 692, § 4, 49 Stat. 1804.)
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# 25 U.S.C. § 389d - Rules and regulations
## Text
The Secretary shall have power to make such rules and regulations as may be necessary to carry out the provisions of sections 389 to 389e of this title.
(June 22, 1936, ch. 692, § 5, 49 Stat. 1804.)
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# 25 U.S.C. § 389e - Actions taken to be included in report to Congress
## Text
The Secretary shall include in the report to Congress required pursuant to section 389a 11 So in original. Probably should refer to section 386a. of this title, a description of actions taken under the provisions of sections 389 to 389e of this title during the preceding fiscal year. No proceedings under such sections shall become effective until approved by the Congress.
(June 22, 1936, ch. 692, § 6, 49 Stat. 1804; Pub. L. 96470, title II, § 206(b), Oct. 19, 1980, 94 Stat. 2244.)
## Notes
Editorial Notes
Amendments1980—Pub. L. 96470 substituted provision requiring the Secretary to include in the report to Congress required pursuant to section 389a of this title a description of the actions taken under sections 389 to 389e of this title during the preceding fiscal year for provision requiring the Secretary to make reports to Congress on the first Monday of each regular session, and from time to time thereafter, showing actions taken under sections 389 to 389e of this title during the preceding fiscal year.
Statutory Notes and Related Subsidiaries
Approval of Secretarys ActionThe action of the Secretary of the Interior in deferring the collection of certain irrigation charges against lands under the Blackfeet Indian irrigation project in Montana was approved by Joint Res. Apr. 11, 1940, ch. 78, 54 Stat. 105.
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# 25 U.S.C. § 391 - Continuance of restrictions on alienation in patent
## Text
Prior to the expiration of the trust period of any Indian allottee to whom a trust or other patent containing restrictions upon alienation has been or shall be issued under any law or treaty the President may, in his discretion, continue such restrictions on alienation for such period as he may deem best: Provided, however, That this shall not apply to lands in the former Indian Territory.
(June 21, 1906, ch. 3504, 34 Stat. 326.)
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# 25 U.S.C. § 391a - Sale for town site; removal of restriction
## Text
For the purpose of allowing any Indian allottee to sell for townsite purposes any portion of the lands allotted to him, the Secretary of the Interior may, by order, remove restrictions upon the alienation of such lands and issue fee-simple patents therefor under such rules and regulations as he may prescribe.
(June 21, 1906, ch. 3504, 34 Stat. 373.)
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# 25 U.S.C. § 392 - Consent to or approval of alienation of allotments by Secretary of the Interior
## Text
Whenever, in any law or treaty or in any patent issued to Indian allottees for lands in severalty pursuant to such law or treaty, there appears a provision to the effect that the lands so allotted cannot be alienated without the consent of the President of the United States, the Secretary of the Interior shall have full power and authority to consent to or approve of the alienation of such allotments, in whole or in part, in his discretion, by deed, will, lease, or any other form of conveyance, and such consent or approval by the Secretary of the Interior on and after September 21, 1922, had in all such cases shall have the same force and legal effect as though the consent or approval of the President had previously been obtained: Provided, however, That the approval by the Secretary of the Interior of wills by Indian allottees or their heirs involving lands held under such patents shall not operate to remove the restrictions against alienation unless such order of approval by said Secretary shall specifically so direct.
(Sept. 21, 1922, ch. 367, § 6, 42 Stat. 995.)
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# 25 U.S.C. § 393 - Leases of restricted allotments
## Text
The restricted allotment of any Indian may be leased for farming and grazing purposes by the allottee or his heirs, subject only to the approval of the superintendent or other officer in charge of the reservation where the land is located, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That this provision shall not apply to the Five Civilized Tribes.
(Mar. 3, 1921, ch. 119, 41 Stat. 1232.)
## Notes
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 393a - Lands of Five Civilized Tribes
## Text
From and after thirty days from February 11, 1936 the restricted lands belonging to Indians of the Five Civilized Tribes in Oklahoma of one-half or more Indian blood, enrolled or unenrolled, may be leased for periods of not to exceed five years for farming and grazing purposes, under such rules and regulations as the Secretary of the Interior may prescribe and not otherwise. Such leases shall be made by the owner or owners of such lands, if adults, subject to approval by the superintendent or other official in charge of the Five Civilized Tribes Agency, and by such superintendent or other official in charge of said agency in cases of minors and of Indians who are non compos mentis.
(Feb. 11, 1936, ch. 50, 49 Stat. 1135.)
## Notes
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 394 - Leases of arid allotted lands
## Text
Whenever it shall appear to the satisfaction of the Secretary of the Interior that the allotted lands of any Indian are arid but susceptible of irrigation and that the allottee, by reason of old age or other disability, cannot personally occupy or improve his allotment or any portion thereof, such lands, or such portion thereof, may be leased for a period not exceeding ten years, under such terms, rules, and regulations as may be prescribed by the Secretary of the Interior.
(May 18, 1916, ch. 125, § 1, 39 Stat. 128.)
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# 25 U.S.C. § 395 - Leases of allotted lands where allottee is in­capacitated
## Text
Whenever it shall be made to appear to the Secretary of the Interior that, by reason of age, disability, or inability, any allottee of Indian lands cannot personally, and with benefit to himself, occupy or improve his allotment or any part thereof, the same may be leased upon such terms, regulations, and conditions as shall be prescribed by the Secretary for a term not exceeding five years, for farming purposes only.
(May 31, 1900, ch. 598, 31 Stat. 229.)
## Notes
Editorial Notes
Codification Act May 31, 1900, is applicable to “any allottee of Indian lands” and authorizes leases “for a term not exceeding five years, for farming purposes only” and supersedes the following prior provisions: Act June 7, 1897, ch. 3, 30 Stat. 85. Act June 10, 1896, ch. 398, 29 Stat. 340. Act Mar. 2, 1895, ch. 188, 28 Stat. 900. Act Aug. 15, 1894, ch. 290, 28 Stat. 305.
Statutory Notes and Related Subsidiaries
Other Leasing ProvisionsSpecial provisions for leasing allotted lands on certain reservations named in Utah and in Wyoming, for cultivation under irrigation, were made by act Apr. 30, 1908, ch. 153, 35 Stat. 95, 97. Special provisions permitting Indians to whom lands have been allotted on the Yakima Indian reservation in the State of Washington, to lease such lands for agricultural purposes for a term not exceeding 5 years, or unimproved lands for a term not exceeding 10 years were made by acts May 31, 1900, ch. 598, 31 Stat. 246; Mar. 1, 1899, ch. 324, 30 Stat. 941.
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# 25 U.S.C. § 396 - Leases of allotted lands for mining purposes
## Text
All lands allotted to Indians in severalty, except allotments made to members of the Five Civilized Tribes and Osage Indians in Oklahoma, may by said allottee be leased for mining purposes for any term of years as may be deemed advisable by the Secretary of the Interior; and the Secretary of the Interior is authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this section into full force and effect: Provided, That if the said allottee is deceased and the heirs to or devisees of any interest in the allotment have not been determined, or, if determined, some or all of them cannot be located, the Secretary of the Interior may offer for sale leases for mining purposes to the highest responsible qualified bidder, at public auction, or on sealed bids, after notice and advertisement, upon such terms and conditions as the Secretary of the Interior may prescribe. The Secretary of the Interior shall have the right to reject all bids whenever in his judgment the interests of the Indians will be served by so doing, and to readvertise such lease for sale.
(Mar. 3, 1909, ch. 263, 35 Stat. 783; Aug. 9, 1955, ch. 615, § 3, 69 Stat. 540.)
## Notes
Editorial Notes
Amendments1955—Act Aug. 9, 1955, authorized Secretary of the Interior to lease allotted lands for mining purposes where the allottee is deceased and the heirs to or devisees of any interest in the allotment either have not been determined or cannot be located.
Statutory Notes and Related Subsidiaries
Leases of Certain Allotted LandsPub. L. 106462, title II, § 201, Nov. 7, 2000, 114 Stat. 2007, authorized the Secretary of the Interior to approve oil or gas leases affecting individually owned Navajo Indian allotted lands in certain circumstances and defined pertinent terms with respect to such leases. Pub. L. 105188, § 1, July 7, 1998, 112 Stat. 620, as amended by Pub. L. 10667, § 1(2), Oct. 6, 1999, 113 Stat. 979, authorized Secretary of the Interior to approve any mineral lease or agreement that affects individually owned land located within Fort Berthold Indian Reservation in North Dakota or certain former Indian reservations located in Oklahoma upon consent of majority interest and best interest determination.
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# 25 U.S.C. § 396a - Leases of unallotted lands for mining purposes; duration of leases
## Text
On and after May 11, 1938, unallotted lands within any Indian reservation or lands owned by any tribe, group, or band of Indians under Federal jurisdiction, except those specifically excepted from the provisions of sections 396a to 396g of this title, may, with the approval of the Secretary of the Interior, be leased for mining purposes, by authority of the tribal council or other authorized spokesmen for such Indians, for terms not to exceed ten years and as long thereafter as minerals are produced in paying quantities.
(May 11, 1938, ch. 198, § 1, 52 Stat. 347.)
## Notes
Statutory Notes and Related Subsidiaries
Repeal of Inconsistent ActsAct May 11, 1938, ch. 198, § 7, 52 Stat. 348, provided that: “All Act [Acts] or parts of Acts inconsistent herewith are hereby repealed.”
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# 25 U.S.C. § 396b - Public auction of oil and gas leases; requirements
## Text
Leases for oil- and/or gas-mining purposes covering such unallotted lands shall be offered for sale to the highest responsible qualified bidder, at public auction or on sealed bids, after notice and advertisement, upon such terms and subject to such conditions as the Secretary of the Interior may prescribe. Such advertisement shall reserve to the Secretary of the Interior the right to reject all bids whenever in his judgment the interest of the Indians will be served by so doing, and if no satisfactory bid is received, or the accepted bidder fails to complete the lease, or the Secretary of the Interior shall determine that it is unwise in the interest of the Indians to accept the highest bid, said Secretary may readvertise such lease for sale, or with the consent of the tribal council or other governing tribal authorities, a lease may be made by private negotiations: Provided, That the foregoing provisions shall in no manner restrict the right of tribes organized and incorporated under sections 16 and 17 of the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5123, 5124], to lease lands for mining purposes as therein provided and in accordance with the provisions of any constitution and charter adopted by any Indian tribe pursuant to the Act of June 18, 1934 [25 U.S.C. 5101 et seq.].
(May 11, 1938, ch. 198, § 2, 52 Stat. 347.)
## Notes
Editorial Notes
References in TextAct of June 18, 1934, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to chapter 45 (§ 5101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables.
Statutory Notes and Related Subsidiaries
Repeal of Inconsistent ActsFor repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title.
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# 25 U.S.C. § 396c - Lessees of restricted lands to furnish bonds for performance
## Text
On and after May 11, 1938, lessees of restricted Indian lands, tribal or allotted, for mining purposes, including oil and gas, shall furnish corporate surety bonds, in amounts satisfactory to the Secretary of the Interior, guaranteeing compliance with the terms of their leases: Provided, That personal surety bonds may be accepted where the sureties deposit as collateral with the said Secretary of the Interior any public-debt obligations of the United States guaranteed as to principal and interest by the United States equal to the full amount of such bonds, or other collateral satisfactory to the Secretary of the Interior, or show ownership to unencumbered real estate of a value equal to twice the amount of the bonds.
(May 11, 1938, ch. 198, § 3, 52 Stat. 348.)
## Notes
Statutory Notes and Related Subsidiaries
Repeal of Inconsistent ActsFor repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title.
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# 25 U.S.C. § 396d - Rules and regulations governing operations; limitations on oil or gas leases
## Text
All operations under any oil, gas, or other mineral lease issued pursuant to the terms of sections 396a to 396g of this title or any other Act affecting restricted Indian lands shall be subject to the rules and regulations promulgated by the Secretary of the Interior. In the discretion of the said Secretary, any lease for oil or gas issued under the provisions of sections 396a to 396g of this title shall be made subject to the terms of any reasonable cooperative unit or other plan approved or prescribed by said Secretary prior or subsequent to the issuance of any such lease which involves the development or production of oil or gas from land covered by such lease.
(May 11, 1938, ch. 198, § 4, 52 Stat. 348.)
## Notes
Statutory Notes and Related Subsidiaries
Repeal of Inconsistent ActsFor repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title.
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# 25 U.S.C. § 396e - Officials authorized to approve leases
## Text
The Secretary of the Interior may, in his discretion, authorize superintendents or other officials in the Indian Service to approve leases for oil, gas, or other mining purposes covering any restricted Indian lands, tribal or allotted.
(May 11, 1938, ch. 198, § 5, 52 Stat. 348.)
## Notes
Statutory Notes and Related Subsidiaries
Repeal of Inconsistent ActsFor repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title.
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 396f - Lands excepted from leasing provisions
## Text
Sections 396a, 396b, 396c, and 396d of this title shall not apply to the Crow Reservation in Montana, the ceded lands of the Shoshone Reservation in Wyoming, the Osage Reservation in Oklahoma, nor to the coal and asphalt lands of the Choctaw and Chickasaw Tribes in Oklahoma.
(May 11, 1938, ch. 198, § 6, 52 Stat. 348; May 27, 1955, ch. 106, § 2, 69 Stat. 68.)
## Notes
Editorial Notes
Amendments1955—Act May 27, 1955, struck out “the Papago Indian Reservation in Arizona,” after “shall not apply to”.
Statutory Notes and Related Subsidiaries
Repeal of Inconsistent ActsFor repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title.
Papago Indian ReservationSection 1 of act May 27, 1955, authorized the leasing of minerals for mining purposes. See note under section 5103 of this title.
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# 25 U.S.C. § 396g - Subsurface storage of oil or gas
## Text
The Secretary of the Interior, to avoid waste or to promote the conservation of natural resources or the welfare of the Indians, is authorized in his discretion to approve leases of lands that are subject to lease under section 396 or 396a of this title, for the subsurface storage of oil and gas, irrespective of the lands from which initially produced, and the Secretary is authorized, in order to provide for the subsurface storage of oil or gas, to approve modifications, amendments, or extensions of the oil and gas or other mining lease(s), if any, in effect as to restricted Indian lands, tribal or allotted, and may promulgate rules and regulations consistent with such leases, modifications, amendments, and extensions, relating to the storage of oil or gas thereunder. Any such leases may provide for the payment of a storage fee or rental on such stored oil or gas or, in lieu of such fee or rental, for a royalty other than that prescribed in the lease when such stored oil or gas is produced in conjunction with oil or gas not previously produced. It may be provided that any oil and gas lease under which storage of oil or gas is so authorized shall be continued in effect at least for the period of such storage use and so long thereafter as oil or gas not previously produced is produced in paying quantities.
(May 11, 1938, ch. 198, § 8, as added Aug. 1, 1956, ch. 808, 70 Stat. 774.)
## Notes
Statutory Notes and Related Subsidiaries
Repeal of Inconsistent ActsFor repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title.
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# 25 U.S.C. § 397 - Leases of lands for grazing or mining
## Text
Where lands are occupied by Indians who have bought and paid for the same, and which lands are not needed for farming or agricultural purposes, and are not desired for individual allotments, the same may be leased by authority of the council speaking for such Indians, for a period not to exceed five years for grazing, or ten years for mining purposes in such quantities and upon such terms and conditions as the agent in charge of such reservation may recommend, subject to the approval of the Secretary of the Interior.
(Feb. 28, 1891, ch. 383, § 3, 26 Stat. 795.)
## Notes
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 398 - Leases of unallotted lands for oil and gas mining purposes
## Text
Unallotted land on Indian reservations other than lands of the Five Civilized Tribes and the Osage Reservation subject to lease for mining purposes for a period of ten years under section 397 of this title may be leased at public auction by the Secretary of the Interior, with the consent of the council speaking for such Indians, for oil and gas mining purposes for a period of not to exceed ten years, and as much longer as oil or gas shall be found in paying quantities, and the terms of any existing oil and gas mining lease may in like manner be amended by extending the term thereof for as long as oil or gas shall be found in paying quantities: Provided, That the production of oil and gas and other minerals on such lands may be taxed by the State in which said lands are located in all respects the same as production on unrestricted lands, and the Secretary of the Interior is authorized and directed to cause to be paid the tax so assessed against the royalty interests on said lands: Provided, however, That such tax shall not become a lien or charge of any kind or character against the land or the property of the Indian owner.
(May 29, 1924, ch. 210, 43 Stat. 244.)
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# 25 U.S.C. § 398a - Leases of unallotted lands for oil and gas mining purposes within Executive order Indian reservations
## Text
Unallotted lands within the limits of any reservation or withdrawal created by Executive order for Indian purposes or for the use or occupancy of any Indians or tribe may be leased for oil and gas mining purposes in accordance with the provisions contained in section 398 of this title.
(Mar. 3, 1927, ch. 299, § 1, 44 Stat. 1347.)
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# 25 U.S.C. § 398b - Proceeds from rentals, royalties, and bonuses; disposition
## Text
The proceeds from rentals, royalties, or bonuses of oil and gas leases upon lands within Executive order Indian reservations or withdrawals shall be deposited in the Treasury of the United States to the credit of the tribe of Indians for whose benefit the reservation or withdrawal was created or who are using and occupying the land, and shall draw interest at the rate of 4 per centum per annum and be available for appropriation by Congress for expenses in connection with the supervision of the development and operation of the oil and gas industry and for the use and benefit of such Indians: Provided, That said Indians, or their tribal council, shall be consulted in regard to the expenditure of such money, but no per capita payment shall be made except by Act of Congress.
(Mar. 3, 1927, ch. 299, § 2, 44 Stat. 1347.)
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# 25 U.S.C. § 398c - Taxes
## Text
Taxes may be levied and collected by the State or local authority upon improvements, output of mines or oil and gas wells, or other rights, property, or assets of any lessee upon lands within Executive order Indian reservations in the same manner as such taxes are otherwise levied and collected, and such taxes may be levied against the share obtained for the Indians as bonuses, rentals, and royalties, and the Secretary of the Interior is hereby authorized and directed to cause such taxes to be paid out of the tribal funds in the Treasury: Provided, That such taxes shall not become a lien or charge of any kind against the land or other property of such Indians.
(Mar. 3, 1927, ch. 299, § 3, 44 Stat. 1347.)
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# 25 U.S.C. § 398d - Changes in boundaries of Executive order reservations
## Text
Changes in the boundaries of reservations created by Executive order, proclamation, or otherwise for the use and occupation of Indians shall not be made except by Act of Congress.
(Mar. 3, 1927, ch. 299, § 4, 44 Stat. 1347; Pub. L. 94579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792.)
## Notes
Editorial Notes
Amendments1976—Pub. L. 94579 struck out proviso relating to nonapplicability of provisions to temporary withdrawals by Secretary of the Interior.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentPub. L. 94579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by that section is effective on and after Oct. 21, 1976.
Savings ProvisionAmendment by Pub. L. 94579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see Savings Provision note set out under section 1701 of Title 43, Public Lands.
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# 25 U.S.C. § 398e - Applications for permits to prospect for oil and gas filed under other statutes; disposition
## Text
The Secretary of the Interior is hereby authorized, under such rules and regulations as he may prescribe, to allow any person who prior to May 27, 1924, filed an application for a permit in accordance with the provisions of the Act of February 25, 1920, to prospect for oil and gas upon lands within an Indian reservation or withdrawal created by Executive order who shall show to the satisfaction of the Secretary of the Interior that he, or the party with whom he has contracted, has done prior to January 1, 1926, any or all of the following things, to wit, expended money or labor in geologically surveying the lands covered by such application, has built a road for the benefit of such lands, or has drilled or contributed toward the drilling of the geologic structure upon which such lands are located, or who in good faith has either filed a motion for reinstatement or rehearing; or performed any other act which in the judgment of the Secretary of the Interior entitles him to equitable relief, to prospect for a period of two years from March 3, 1927, or for such further time as the Secretary of the Interior may deem reasonable or necessary for the full exploration of the land described in his application under the terms and conditions therein set out, and a substantial contribution toward the drilling of the geologic structure thereon by such applicant for a permit thereon may be considered as prospecting under the provisions hereof; and upon establishing to the satisfaction of the Secretary of the Interior that valuable deposits of oil and gas have been discovered within the limits of the land embraced in any such application, he shall be entitled to a lease for one-fourth of the land embraced in the application: Provided, That the applicant shall be granted a lease for as much as one hundred and sixty acres of said lands if there be that number of acres within the application. The area to be selected by the applicant shall be in compact form and, if surveyed, to be described by the legal subdivisions of the public land surveyed; if unsurveyed, to be surveyed by the Government at the expense of the applicant for lease in accordance with rules and regulations to be prescribed by the Secretary of the Interior, and the lands leased shall be conformed to and taken in accordance with the legal subdivisions of such surveys; deposit made to cover expense of surveys shall be deemed appropriated for that purpose, and any excess deposits may be repaid to the person or persons making such deposit or their legal representatives. Such leases shall be for a term of twenty years upon a royalty of 5 per centum in amount or value of the production and the annual payment in advance of a rental of $1 per acre, the rental paid for any one year to be credited against the royalties as they may accrue for that year, with the preferential right in the lessee to renew the same for successive periods of ten years upon such reasonable terms and conditions as may be prescribed by the Secretary of the Interior. The applicant shall also be entitled to a preference right to a lease for the remainder of the land in his application at a royalty of not less than 12½ per centum in amount or value of the production, the royalty to be determined by competitive bidding or fixed by such other methods as the Secretary of the Interior may by regulations prescribe: Provided further, That the Secretary of the Interior shall have the right to reject any or all bids.
(Mar. 3, 1927, ch. 299, § 5, 44 Stat. 1347.)
## Notes
Editorial Notes
References in TextAct of February 25, 1920, referred to in text, probably means act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables.
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# 25 U.S.C. § 400 - Leases for mining purposes of reserved and unallotted lands in Fort Peck and Blackfeet Indian Reservations
## Text
Lands reserved for school and agency purposes and all other unallotted lands on the Fort Peck and Blackfeet Indian Reservations, in the State of Montana, reserved from allotment or other disposition, may be leased for mining purposes under regulations prescribed by the Secretary of the Interior.
(Sept. 20, 1922, ch. 347, 42 Stat. 857.)
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# 25 U.S.C. § 400a - Lease for mining purposes of land reserved for agency or school; disposition of proceeds; royalty
## Text
The Secretary of the Interior is authorized under such rules and regulations as he may prescribe, to lease at public auction upon not less than thirty days public notice for mining purposes land on any Indian reservation reserved for Indian agency or school purposes, in accordance with existing law applicable to other lands in such reservation, and the proceeds arising therefrom shall be deposited in the Treasury of the United States to the credit of the Indians for whose benefit the lands are reserved subject to appropriation by Congress for educational work among the Indians or in paying expenses of administration of agencies: Provided, That a royalty of at least one-eighth shall be reserved in all leases.
(Apr. 17, 1926, ch. 156, 44 Stat. 300.)
## Notes
Executive Documents
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, §§ 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.
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# 25 U.S.C. § 401 - Leases for mining purposes of unallotted lands in Kaw Reservation
## Text
The Secretary of the Interior is authorized to lease for mining purposes lands reserved from allotment to be used as a cemetery and not needed for that purpose, and lands reserved for school and agency purposes in the Kaw Reservation in the State of Oklahoma, and for the use and benefit of the members of the Kansas or Kaw Tribe of Indians, at public auction, upon such terms and conditions and under such rules and regulations as he may prescribe: Provided, That the production of oil and gas and other minerals on such lands may be taxed by the State in which said lands are located in all respects the same as production on unrestricted lands, and the Secretary of the Interior is hereby authorized and directed to cause to be paid the tax so assessed against the royalty interests on said lands: Provided, however, That such tax shall not become a lien or charge of any kind or character against the land or the property of the Indian owner.
(Apr. 28, 1924, ch. 135, 43 Stat. 111.)
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# 25 U.S.C. § 402 - Leases of surplus lands
## Text
The surplus lands of any tribe may be leased for farming purposes by the council of such tribe under the same rules and regulations and for the same term of years as was on August 15, 1894, allowed in the case of leases for grazing purposes.
(Aug. 15, 1894, ch. 290, § 1, 28 Stat. 305.)
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# 25 U.S.C. § 402a - Lease of unallotted irrigable lands for farming purposes
## Text
The unallotted irrigable lands on any Indian reservation may be leased for farming purposes for not to exceed ten years with the consent of the tribal council, business committee, or other authorized body representative of the Indians, under such rules and regulations as the Secretary of the Interior may prescribe.
(July 3, 1926, ch. 787, 44 Stat. 894.)
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# 25 U.S.C. § 403 - Leases of lands held in trust
## Text
Any Indian allotment held under a trust patent may be leased by the allottee for a period not to exceed five years, subject to and in conformity with such rules and regulations as the Secretary of the Interior may prescribe, and the proceeds of any such lease shall be paid to the allottee or his heirs, or expended for his or their benefit, in the discretion of the Secretary of the Interior.
(June 25, 1910, ch. 431, § 4, 36 Stat. 856.)
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# 25 U.S.C. § 403a1 - Sale or partition by owners of interests in allotted lands in the Tulalip Reservation; termination of Federal title, trust, and restrictions
## Text
Any owner of an interest in any tract of land in the Tulalip Reservation, Washington, in which any undivided interest is now or hereafter held in trust by the United States for an Indian, or is now or hereafter owned by an Indian subject to restrictions against alienation or taxation imposed by the United States, may commence in a State court of competent jurisdiction an action for the partition in kind or for the sale of such land in accordance with the laws of the State. For the purpose of any such action the Indian owners shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the proceeding, and any partition or conveyance of the land pursuant to the proceedings shall divest the United States of title to the land, terminate the Federal trust, and terminate all restrictions against alienation or taxation of the land imposed by the United States.
(June 18, 1956, ch. 400, § 1, 70 Stat. 290.)

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