United States Code

(3) a statement of how each Commissioner voted upon the final determination of the claim. (Aug. 13, 1946, ch. 959, § 21, 60 Stat. 1055.)

§ 70u. Payment of claim after final determination; adverse determination as bar to further claims.

(a) When the report of the Commission determining any claimant to be entitled to recover has been filed with Congress, such report shall have the effect of a final judgment of the Court of Claims, and there is authorized to be appropriated such sums as are necessary to pay the final determination of the Commission.

The payment of any claim, after its determination in accordance with this chapter, shall be a full discharge of the United States of all claims and demands touching any of the matters involved in the controversy.

(b) A final determination against a claimant made and reported in accordance with this chapter shall forever bar any further claim or demand against the United States arising out of the matter involved in the controversy. (Aug. 13, 1946, ch. 959, § 22, 60 Stat. 1055.)

§ 70v. Dissolution of Commission.

The existence of the Commission shall terminate at the end of ten years after the first meeting of the Commission or at such earlier time after the expiration of the five-year period of limitation set forth in section 70k of this title as the Commission shall have made its final report to Congress on all claims filled with it. Upon its dissolution the records of the Commission shall be delivered to the Archivist of the United States. (Aug. 13, 1946, ch. 959, § 23, 60 Stat. 1055.)

§ 70w. Repealed. May 24, 1949, ch. 139, § 142, 62 Stat. 109

Section, act Aug. 13, 1946, ch. 959, § 24, 60 Stat. 1055, related to Indian claims accruing after Aug. 13, 1946, and is now covered by section 1505 of Title 28, Judiciary and Judicial Procedure.

TREATIES

§ 71. Future treaties with Indian tribes.

No Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty; but no obligation of any treaty lawfully made and ratified with any such Indian nation or tribe prior to March 3, 1871, shall be invalidated or impaired. (R. S. § 2079.)

DERIVATION

Act Mar. 3, 1871, ch. 120, § 1, 16 Stat. 566.

CROSS REFERENCES

Organization and incorporation of Indian tribes, see sections 476 and 477 of this title.

§ 72. Abrogation of treaties.

Whenever the tribal organization of any Indian tribe is in actual hostility to the United States, the President is authorized, by proclamation, to declare all treaties with such tribe abrogated by such tribe if in his opinion the same can be done consistently with good faith and legal and national obligations. (R. S. § 2080.)

DERIVATION

Act July 5, 1862, ch. 135, § 1, 12 Stat. 528.

CONTRACTS WITH INDIANS

§ 81. Contracts with Indian tribes or Indians.

No agreement shall be made by any person with any tribe of Indians, or individual Indians not citizens of the United States, for the payment or delivery of any money or other thing of value, in present or in prospective, or for the granting or procuring any privilege to him, or any other person in consideration of services for said Indians relative to their lands, or to any claims growing out of, or in reference to, annuities, installments, or other moneys, claims, demands, or thing, under laws or treaties with the United States, or official acts of any officers thereof, or in any way connected with or due from the United States, unless such contract or agreement be executed and approved as follows:

First. Such agreement shall be in writing, and a duplicate of it delivered to each party.

Second. It shall be executed before a judge of a court of record, and bear the approval of the Secretary of the Interior and the Commissioner of Indian Affairs indorsed upon it.

Third. It shall contain the names of all parties in interest, their residence and occupations; and if made with a tribe, by their tribal authorities, the scope of authority and the reason for exercising that authority, shall be given specifically.

Fourth. It shall state the time when and place where made, the particular purpose for which made, the special thing or things to be done under it, and, if for the collection of money, the basis of the claim, the source from which it is to be collected, the disposition to be made of it when collected, the amount or rate per centum of the fee in all cases; and if any contingent matter or condition constitutes a part of the contract or agreement, it shall be specifically set forth.

Fifth. It shall have a fixed limited time to run, which shall be distinctly stated.

Sixth. The judge before whom such contract or agreement is executed shall certify officially the time when and place where such contract or agreement was executed, and that it was in his presence, and who are the interested parties thereto, as stated to him at the time; the parties present making the same; the source and extent of authority claimed at the time by the contracting parties to make the contract or agreement, and whether made in person or by agent or attorney of either party or parties.

All contracts or agreements made in violation of this section shall be null and void, and all money or other thing of value paid to any person by any Indian or tribe, or any one else, for or on his or their behalf, on account of such services, in excess of the amount approved by the commissioner and secretary for such services, may be recovered by suit in the name of the United States in any court of the United States, regardless of the amount in controversy; and one-half thereof shall be paid to the person suing for the same, and the other half shall be paid into the Treasury for the use of the Indian or tribe by or for whom it was so paid. (R. S. § 2103.)

DERIVATION

Acts Mar. 3, 1871, ch. 120, § 3, 16 Stat. 570; May 21, 1872, ch. 177, §§ 1, 2, 17 Stat. 136.

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

Forfeiture of money received contrary to this section and punishment by fine or imprisonment, see section 438 of Title 18, Crimes and Criminal Procedure.

§ 81a. Same; by attorneys for prosecution of claims against the United States; cancellation; revival. Any contracts or agreements approved prior to June 26, 1936, by the Secretary of the Interior between the authorities of any tribe, band, or group of Indians and their attorneys for the prosecution of claims against the United States, which provide that such contracts or agreements shall run for a period of years therein specified, and as long thereafter as may be required to complete the business therein provided for, or words of like import, or which provide that compensation for services rendered shall be on a quantum-meruit basis not to exceed a specified percentage, shall be deemed a sufficient compliance with section 81 of this title: Provided, however, That nothing herein contained shall limit the power of the Secretary of the Interior, after due notice and hearing and for proper cause shown, to cancel any such contract or agreement: Provided further, That the provisions of this section and section 81b of this title shall not be construed to revive any contract which has been terminated by lapse of

time, operation of law, or by acts of the parties thereto. (June 26, 1936, ch. 851, § 1, 49 Stat. 1984.)

§ 81b. Same; continuation of contracts with attorneys containing limitation of time where suits have been filed.

Any existing valid contract made and approved prior to June 26, 1936, pursuant to any Act of Congress by any tribe, band, or group of Indians with an attorney or attorneys for the rendition of services in the prosecution of claims against the United States under authority of which suit or suits have been filed, and which contains a limitation of time for the completion of the services to be performed may be continued in full force unless a subsequent contract dealing with the same subject matter has been made and approved. (June 26, 1936, ch. 851,

§ 2, 49 Stat. 1984.)

§ 82. Payments under contracts; aiding in making prohibited contracts.

No money shall be paid to any agent or attorney by an officer of the United States under any such contract or agreement, other than the fees due him for services rendered thereunder; but the moneys due the tribe, Indian, or Indians, as the case may be, shall be paid by the United States, through its own officers or agents, to the party or parties entitled thereto; and no money or thing shall be paid to any person for services under such contract or agreement, until such person shall have first filed with the Commissioner of Indian Affairs a sworn statement, showing each particular act of service under the contract, giving date and fact in detail, and the Secretary of the Interior and Commissioner of Indian Affairs shall determine therefrom whether, in their judgment, such contract or agreement has been complied with or fulfilled; if so, the same may be paid, and, if not, it shall be paid in proportion to the services rendered under the contract. (R. S. § 2104.)

DERIVATION

Act May 21, 1872, ch. 177, § 2, 17 Stat. 136.

TRANSFER OF FUNCTIONS

CROSS REFERENCES

Forfeiture of money received contrary to this section and punishment by fine or imprisonment, see section 438 of Title 18, Crimes and Criminal Procedure.

§ 82a. Contracts for payment of money permitted certain tribes; payment for legal services. Contracts involving the payment or expenditure of any money or affecting any property belonging to the Choctaw, Chickasaw, Cherokee, Creek, or Seminole Tribes of Indians, including contracts for professional legal services, may be made by said tribes, with the approval of the Secretary of the Interior, or his authorized representative, under such rules

and regulations as the Secretary of the Interior may prescribe: Provided, That the provisions of this section shall not apply to contracts for professional legal services involving the prosecution of claims against the United States. (July 3, 1952, ch. 549, § 1, 66 Stat. 323.)

REPEALS

Section 2 of act July 3, 1952, provided: "That the second proviso in section 28 of the Act of April 26, 1906, ch. 1876 (34 Stat. 148) [not classified to the Code], and the provisions contained in the fifth paragraph of section 17 of the Act of March 3, 1911, ch. 210 (36 Stat. 1070) [not classified to the code], dealing with contracts made by the Choctaw and Chickasaw Tribes of Indians for professional legal services of attorneys, are hereby repealed." § 83. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

Section, R. S. § 2105, related to payments under prohibited contracts, and is now covered by section 438 of Title 18, Crimes and Criminal Procedure.

§ 84. Assignments of contracts restricted.

No assignment of any contracts embraced by section 81 of this title or of any part of one shall be valid, unless the names of the assignees and their residences and occupations be entered in writing upon the contract, and the consent of the Secretary of the Interior and the Commissioner of Indian Affairs to such assignment be also indorsed thereon. (R. S. § 2106.)

DERIVATION

Act May 21, 1872, ch. 177, § 2, 17 Stat. 136.

TRANSFER OF FUNCTIONS

§ 85. Contracts relating to tribal funds or property. No contract made with any Indian, where such contract relates to the tribal funds or property in the hands of the United States, shall be valid, nor shall any payment for services rendered in relation thereto be made unless the consent of the United States has previously been given. (June 30, 1913, ch. 4, § 18, 38 Stat. 97.)

§ 86. Encumbrances on lands allotted to applicants for enrollment in Five Civilized Tribes; use of interest on tribal funds.

Land allotted to any applicant for enrollment as a citizen in the Five Civilized Tribes whether an Indian or freedman, shall not be affected or encumbered by any deed, debt, or obligation of any character contracted prior to the time at which said land may be alienated under the laws of the United States: Provided further, That the interest accruing from tribal funds and deposited in banks in the State of Oklahoma may be used as authorized by the Act of March third, nineteen hundred and eleven, under the direction of the Secretary of the Interior, to defray the expense of per capita payments authorized

by Congress. (Aug. 1, 1914, ch. 222, § 17, 38 Stat. 601; June 25, 1948, ch. 645, § 3, 62 Stat. 859.)

REFERENCES IN TEXT

The act of March third, nineteen hundred and eleven, referred to in the text, is act Mar. 3, 1911, ch. 210, 36 Stat. 1060 and has been partially classified to sections 11, 118, 143 and 156 of this title.

AMENDMENTS

1948-Act June 25, 1948, amended section by omitting provisions relating to prohibiting contracts for compensation for services in relation to enrollment in the Five Civilized Tribes which is now covered by section 439 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 20 of act June 25, 1948, provided that the amendment of this section should be effective as of Sept. 1, 1948.

§ 87. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

Section, act June 22, 1874, ch. 389, § 10, 18 Stat. 177, related to interest of agents and employees in Indian contracts, and is now covered by section 437 of Title 18, Crimes and Criminal Procedure.

§ 87a. Purchases from Indians by employees.

Anything contained in sections 68 and 87 of this title to the contrary notwithstanding, employees of the United States Government, including those in the Indian Service, may, under such rules and regulations as the Secretary of the Interior shall prescribe, be permitted to purchase from any Indian or Indian organization any arts and crafts or any other product, service, or commodity, produced, rendered, owned, controlled, or furnished by any Indian or Indian organization: Provided, however, That no employee of the United States Government shall be permitted to make any such purchases for the purpose of engaging directly or indirectly in the commercial selling, reselling, trading, or bartering of said purchases by the said employee. (June 19, 1939, ch. 210, 53 Stat. 840.)

REFERENCES IN TEXT

Section 87 of this title, referred to in the text, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat 862, and is now covered by section 437 of Title 18, Crimes and Criminal Procedure.

CODIFICATION

Section, a portion of act June 13, 1939, is duplicated as section 68a of this title. The final proviso of said act constitutes section 441 of this title.

TRANSFER OF FUNCTIONS

§ 88. False vouchers, accounts, or claims.

Any disbursing or other officer of the United States, or other person, who shall knowingly present, or cause to be presented, any voucher, account, or claim to any officer of the United States, for approval or payment, or for the purpose of securing a credit in any account with the United States, relating to any

Sec.

matter pertaining to the Indian Service, which shall contain any material misrepresentation of fact in regard to the amount due or paid, the name or character of the article furnished or received; or of the service rendered, or to the date of purchase, delivery, or performance of service, or in any other particular, shall not be entitled to payment or credit for any part of said voucher, account, or claim; and if any such credit shall be given or received, or payment made, the United States may recharge the same to the officer or person receiving the credit or payment, and recover the amount from either or from both, in the same manner as other debts due the United States are collected: Provided, That where an account contains more than one voucher the foregoing shall apply only to such vouchers as contain the misrepresentation: And provided further, That the officers and persons by and between whom the business is transacted shall, in all civil actions in settlement of accounts, be presumed to know the facts in relation to the matter set forth in the voucher, account, or claim: And provided further, That the foregoing shall be in addition to the penalties prescribed by law, and in no way affect proceedings under existing law for like offenses. Where practicable this section shall be printed on the blank forms of vouchers provided for general use. (July 4, 1884, ch. 180, § 8, 23 Stat. 97.)

Chapter 4.-PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

151.

152.

153.

PURCHASE OF SUPPLIES

154.

Sec.

91, 92. Omitted.

155.

93-95. Repealed.

Disposal of miscellaneous revenues from Indian reservations, etc.

157.

158.

159.

160.

161.

Investments of stock required by treaties.
Investment of proceeds of lands.

Moneys due incompetents or orphans.

Custody of stocks or bonds held in trust for tribes.
Deposit in Treasury of trust funds.

Tribal funds in trust in Treasury Department;
rate of interest.

161b. Same; "Indian Money, Proceeds of Labor" fund; separate accounts for respective tribes; rate of interest.

161c. Same; surplus above requirements of fund; transfer to surplus fund of Treasury; retransfer. 161d. Same; disposition of accrued interest.

Deposit of tribal funds in banks; bond or collateral security; investments.

Roll of membership of Indian tribes.

111.

112.

113.

Repealed.

162a.

163.

of Bureau of Federal Supply were transferred to the Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380. See section 630a of Title 5, Executive Departments and Government Officers and Employees.

The function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency was transferred to a Procurement Division in the Treasury Department by Ex. Ord. No. 6166, June 10, 1933, set out in note to section 132 of Title 5, Executive Departments and Government Officers and Employees.

§ 93. Repealed. Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1111.

Section, acts June 25, 1910, ch. 431, § 23, 36 Stat. 861; May 18, 1916, ch. 125, § 1, 39 Stat. 126; Jan. 12, 1927, ch. 27, 44 Stat. 936, related to the purchase of Indian supplies and services. The same subject matter is now covered by sections 5, 6a and 6b of Title 41, Public Contracts.

Construction of repeal, see note under section 6a of Title 41, Public Contracts.

§ 94. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1028. Section, act Apr. 30, 1908, ch. 153, 35 Stat. 71, related to the purchase of supplies, advertisement therefor, and supplies for irrigation works. Subject matter of section is now covered by section 5 of Title 41, Public Contracts. § 95. Repealed. Mar. 27, 1939, ch. 18, 53 Stat. 551.

Section, acts Mar. 3, 1875, ch. 132, § 9, 18 Stat. 450; May 18, 1916, ch. 125, § 1, 39 Stat. 129, referred to bids under advertisements for goods or supplies.

§ 96. Copies of contracts furnished to General Accounting Office before payment.

Copies of all contracts made by the Commissioner of Indian Affairs, or any other officer of the Government for the Indian Service, shall be furnished to the General Accounting Office before any payment shall be made thereon. (Mar. 3, 1875, ch. 132, § 7, 18 Stat. 450; July 31, 1894, ch. 174, §§ 3, 7, 28 Stat. 205, 206; June 10, 1921, ch. 18, § 304, 42 Stat. 24.)

CODIFICATION

Similar provisions are also contained in section 20 of Title 41, Public Contracts.

TRANSFER OF FUNCTIONS

§ 97. Proposals or bids for contracts to be preserved.

In all lettings of contracts in connection with the Indian Service, the proposals or bids received shall be filed and preserved; and an abstract of all bids or proposals received for the supplies or services embraced in any contract shall be attached to, and filed with, the said contract when the same is filed in the General Accounting Office. (Aug. 15, 1876, ch. 289, § 3, 19 Stat. 199; July 31, 1894, ch. 174, § 4, 28 Stat. 205; June 21, 1906, ch. 3504, 34 Stat. 328; June 10, 1921, ch. 18, § 304, 42 Stat. 24.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and em

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. 8, §§ 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.

The function of determination of policies and methods of procurement, warehousing, and distribution of propmachinery, erty, facilities, structures, improvements, equipment, stores, and supplies exercised by any agency was transferred to a Procurement Division in the Treasury Department by Ex. Ord. No. 6166, June 10, 1933, set out in note to section 132 of Title 5, Executive Departments and Government Officers and Employees.

Effective Jan. 1, 1947, the name of the Procurement Division of the Treasury Department was changed to the Bureau of Federal Supply by regulation § 5.7 of subpart A of Part 5 of Title 41, Public Contracts, 11 F. R. 13638, issued by the Secretary of the Treasury under the authority of section 22 of Title 5, Executive Departments and Government Officers and Employees. The functions of Bureau of Federal Supply were transferred to the Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380. See section 630a of Title 5, Executive Departments and Government Officers and Employees.

§ 98. Purchase of supplies without authority.

No claims for supplies for Indians, purchased without authority of law, shall be paid out of any appropriation for expenses of the Office of Indian Affairs, or for Indians. (R. S. § 2085.) DERIVATION

Act July 15, 1870, ch. 296, § 2, 16 Stat. 360.

TRANSFER OF FUNCTIONS

§ 99. Contracts for supplies in advance of appropriations.

The Commissioner of Indian Affairs is authorized to advertise in the spring of each year for bids, and enter into contracts, subject to the approval of the Secretary of the Interior, for goods and supplies for the Indian Service required for the ensuing fiscal year, notwithstanding the fact that the appropriations for such fiscal year have not been made, and the contracts so made shall be on the basis of the appropriations for the preceding fiscal year, and shall contain a clause that no deliveries shall be made under the same and no liability attach to the United States in consequence of such execution if Congress fails to make an appropriation for such contract for the fiscal year for which those supplies are required. (Aug. 15, 1894, ch. 290, § 4, 28 Stat. 312.)

TRANSFER OF FUNCTIONS

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United States Code, Volume 2