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CHANGE OF NAME The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

CROSS REFERENCES Sale of real estate by Department of the Army prohibited except by authority of Congress, see section 1354 of Title 10, Army and Air Force.

Chapter 7A.-PRIVATE AND COMMERCIAL

CEMETERIES 8 298. Repealed. Oct. 31, 1951, ch. 654, § 1 (47), 65

Stat. 703. Section, act June 20, 1939, ch. 220, 53 Stat. 843, which related to disposal, by Secretary of War, of government lots in commercial cemeteries, is now covered by sections 483—485 of Title 40, Public Buildings, Property, and Works.

Chapter 8.-GORGAS HOSPITAL Sec. 301. Ancon Hospital to be known as Gorgas Hospital. 302. Change of name as affecting various rights; records, maps, and public documents.

CROSS REFERENCES Gorgas Memorial Laboratory, see section 278 et seq. of Title 22, Foreign Relations and Intercourse.

8 301. Ancon Hospital to be known as Gorgas Hospital.

In recognition of his distinguished services to humanity and as a fitting perpetuation of the name and memory of Major General William Crawford Gorgas, the Government hospital within the Canal Zone, near the City of Panama, known prior to March 24, 1928, as the Ancon Hospital, shall after such date be known and designated on the public records as the Gorgas Hospital. (Mar. 24, 1928, ch. 240, $1, 45 Stat. 365.) 8 302. Change of name as affecting various rights;

records, maps, and public documents. The change in the name of said hospital shall in no wise affect the rights of the Federal Government, or any municipality, corporation, association, or person; and all records, maps, and public documents of the United States in which said hospital is mentioned or referred to under the name of the Ancon Hospital or otherwise shall be held to refer to the said hospital under and by the name of the Gorgas Hospital (Mar. 24, 1928, ch. 240, § 2, 45 Stat. 366.)

301. Achange ofand public

TITLE 25.-INDIANS

Chap.

311

uaius................

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10.

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42

Sec. 1. Bureau of Indian Affairs.....

---------2. Officers of Indian Affairs......

21 2A. Indian Claims Commission......

70 3. Agreements with Indians...--4. Performance by United States of Obliga

tions to Indians. 5. Protection of Indians...

...

.. 171 6. Government of Indian Country and Reservations.--.-----------

211 7. Education of Indians....

271 7A. Promotion of Social and Economic Welfare. 305

Rights-of-way Through Indian Lands...
Allotment of Indian Lands.....
Descent and Distribution; Heirs of Allottee.

Irrigation of Allotted Lands..... ........ .. 381 12. Lease, Sale, or Surrender of Allotted or Un

allotted Lands.. 13. Ceded Indian Lands. 14. Miscellaneous ..

441 Chapter 1.-BUREAU OF INDIAN AFFAIRS Sec. 1. Commissioner of Indian Affairs, la. Delegation of powers and duties by Secretary of

Interior and Commissioner of Indian Affairs. 2. Duties of Commissioner, 2a. Assistant or deputy commissioners; appointment;

powers and duties. 3. Compilation of statutes regulating duties of Indian

agents and inspectors. 4. Defective record of deeds and papers legalized. 5. Record of deeds by Indians requiring approval.

Seal; authenticated and certified documents; evidence. 7. Fees for furnishing certified copies of records.

Accounts for claims and disbursements. 9. Regulations by President. 10. Employee to sign letters. 11. Employee or employees to sign approval of tribal

deeds. 12. Agent to negotiate commutation of annuities. 13. Expenditure of appropriations by Bureau of Indian

Affairs. 14. Money accruing to Indians from Veterans' Adminis

tration or other governmental agencies. 81. Commissioner of Indian Affairs.

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; Jan. 24, 1923, ch. 42, 42 Stat. 1180.)

DERIVATION
Act July 9, 1832, ch. 174, § 1, 4 Stat. 564.

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

Sla. Delegation of powers and duties by Secretary

of Interior and Commissioner of Indian Affairs, 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 Under 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.)

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

6.

8 2. Duties of Commissioner.

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.)

DERIVATION Act July 9, 1832, ch. 174, § 1, 4 Stat. 564; act July 27, 1868, ch. 259, § 1, 15 Stat. 228.

Page 3161

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees,

ployees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3. $$1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

INDIAN AGENTS There have been no Indian agents since 1908. See note under section 64 of this title.

8 2a. Assistant or deputy commissioners; appoint

ment; powers and duties. 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 the Classification Act of 1949. Appointments to these positions shall be considered as made under the authority of section 43 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 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; Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972.)

REFERENCES IN TEXT The civil-service laws and the Classification Act of 1949, referred to in the text, are classified to chapters 12 and 21, respectively, of Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS 1949—Act Oct. 28, 1949, substituted the "Classification Act of 1949" in lieu of the "Classification Act of 1923".

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

REPEAL OF INCONSISTENT LAWS Section 2 of act June 5, 1942, provided as follows: "All provisions of law inconsistent with this Act (section 2a of this title) are hereby repealed to the extent of such inconsistency." 83. Compilation of statutes regulating duties of In

dian agents and inspectors. 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.)

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and em.

$ 4. Defective record of deeds and papers legalized.

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.) 85. Record of deeds by Indians requiring approval.

The Commissioner of Indian Affairs is empow. ered 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.)

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such oficers. agencies, and employees, by 1950 Reorg. Plan No. 3, $f 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. 8 6. Seal; authenticated and certified documents; eri.

dence. 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.)

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Depart. ments and Government Officers and Employees.

FEDERAL RULES OF CIVIL PROCEDURE Proof of official record, see Rule 44, following section 2072 of Title 28, Judiciary and Judicial Procedure.

Extect of Rule 44 on this section, see note by Advisory Committee under said Rule 44.

8 7. Fees for furnishing certified copies of records.

The Commissioner of Indian Affairs shall have the custody of said seal, and shall furnish certified copies of any such records, books, maps, or papers belonging to or on the files of said office, to any person applying therefor who shall comply with the requirements of said office, upon the payment by such parties at the rate of 10 cents per hundred words, and $1 for copies of maps or plats, and the additional sum of 25 cents for the commissioner's certificate of verification, with the seal of said office: and one of the employees of said office shall be designated by the commissioner as the receiving clerk, who shall give bond in the sum of $1,000, 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.)

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, &$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES Heads of departments; copies of official papers in their custody; fees, see section 488 of Title 5, Executive Departments and Government Officers and Employees. 8 8. Accounts for claims and disbursements.

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 General ACcounting Office for settlement. (R. S. § 464; June 10, 1921, ch. 18, 304, 42 Stat. 24.)

DERIVATION
Act July 9, 1832, ch. 174, $ 3, 4 Stat. 564.

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

89. Regulations by President.

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.)

DERIVATION Act June 30, 1834, ch. 162, $ 17, 4 Stat. 788. § 10. Employee to sign letters.

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.)

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, a agencies, and employees, by 1850 Reorg. Plan No. 3, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. $11. Employee or employees to sign approval of tribal

deeds. 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.) 312 $ 12. Agent to negotiate commutation of annuities.

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.)

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

formance of any of his functions by any of such oficers, agencies, and employees, by 1950 Reorg. Plan No. 3. 99 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

39.

§ 13. Expenditure of appropriations by Bureau of In

· dian Affairs.

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 oficial use.

And for general and incidental expenses in connection with the administration of Indian affairs. (Nov. 2, 1921, ch. 115, 42 Stat. 208.)

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

41.

52. 52a.

Chapter 2.-OFFICERS OF INDIAN AFFAIRS Sec. 21—24. Omitted. 25. Superintendent for Five Civilized Tribes. 25&. Same; application of civil service laws. 26–32. Omitted. 33. Superintendents in charge of reservations; adminis

tration of oath of office. 34. Oaths to expense accounts.' 35. Acknowledgments of deeds and administration of

oaths by Indian agents. 36. Special agents and other officers to administer oaths. 37. Books of expenditures; acts of agents as misde

meanor. 38. Repealed.

Compensation for extra services. 40. Limits of superintendencies, agencies, and sub

agencies.

Special agents and commissioners. 41a. Indian inspectors. 42. Interpreters. 43. Persons paid for other services not paid for inter.

preting. 44. Employment of Indians. 45. Preference to Indians qualified for duties. 46. Preference to Indians in employment of clerical, me

chanical, and other help. 47. Employment of Indian labor and purchase of prod

ucts of Indian industry. 48. Right of tribes to direct employment of persons en

gaged for them. 49. Repealed. 50. Holding two offices; leave of absence. 51. Additional security from persons charged with dis

bursement of money or goods. New bond for disbursing officer.

Special bond for large per capita payments; expenses. 53. Disbursing officers; designation of clerk to act for. 54. Traveling expenses. 55. Expenses of clerks detailed on special duty. 56. Quarters, fuel, and light for employees. 57. Heat and light for employees' quarters.

Limitation on number and kind of employment. 59. Transfer of funds for payment of employees; details

for other service. 60. Compensation prescribed to be in full. 61. Estimates for personal services in Indian Ofice. 62. Discontinuance and transfer of agencies.

Consolidation of agencies. 64. Services of agents dispensed with. 65. Discontinuance of agents, subagents, and inter

preters. 66. Duties of agency devolved on superintendent of

Indian school. 67. Superintendent of training school at Cherokee

Agency to act as agent. 68. Employees not to trade with Indians. 68a. Same; purchases from Indians by employees. SS 21—24. Omitted.

CODIFICATION Sections, relating to the Board of Indian Commission. ers, were based upon the following statutes:

Section 21—R. S. $ 2039.
Section 22—Act Aug. 24, 1912, ch. 388, § 1, 37 Stat. 521.
Section 23—Act May 17, 1882, ch. 163, & 1, 22 Stat. 70.
Section 24—R. S. § 2042.

Ex. Ord. No. 6145, May 25, 1933, provided that the Board of Indian Commissioners be abolished, that its affairs be wound up by the Secretary of the Interior, and that its records, property, and personnel be transferred and/or remain under the supervision of the Secretary of the Interior.

58.

63.

8 14. Money accruing to Indians from Veterans' Ad

ministration or other governmental agencies. Any money accruing from the Veterans' Administration 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 Administrator 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.)

TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the per

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