United States Code

if such chiefs have violated the stipulations contained in such treaty upon their part. (R. S. § 2101.) DERIVATION

Act Apr. 10, 1869, ch. 16, § 2, 16 Stat. 39.

§ 139. Appropriations for subsistence.

The Secretary of the Interior, under the direction of the President, may use any surplus that may remain in any of the appropriations for the purchase of subsistence for the several Indian tribes, to an amount not exceeding $25,000 in the aggregate, to supply any subsistence deficiency that may occur: Provided, That any diversions which shall be made under authority of this section shall be reported in detail, and the reason therefor, to Congress, at the session of Congress next succeeding such diversion. (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.)

§ 140. Diversion of appropriations for employees and supplies.

The several appropriations made for millers, blacksmiths, engineers, carpenters, physicians, and other persons, and for various articles provided for by treaty stipulation for the several Indian tribes, may be diverted to other uses for the benefit of said tribes, respectively, within the discretion of the President, and with the consent of said tribes, expressed in the usual manner; and he shall cause report to be made to Congress, at its next session thereafter of his action under this provision. (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.)

§ 143. Statement of fiscal affairs of Indian tribes.

Annually, on the first Monday in December, the Secretary of the Interior shall transmit to the Speaker of the House of Representatives a statement of the fiscal affairs of all Indian tribes for whose benefit expenditures from either public or tribal funds shall have been made by any officer, clerk, or employee in the Interior Department during the preceding fiscal year; and such statement shall show (1) the total amount of all moneys, from whatever source derived, standing to the credit of each tribe 24626°-53--vol. 2- -101

of Indians, in trust or otherwise, at the close of such fiscal year; (2) an analysis of such credits, by funds, showing how and when they were created, whether by treaty stipulation, agreement, or otherwise; (3) the total amount of disbursements from public or trust funds made on account of each tribe of Indians for such fiscal year; and (4) an analysis of such disbursements showing the amounts disbursed (a) for per capita payments in money to Indians, (b) for salaries or compensation of officers and employees, (c) for compensation of counsel and attorney's fees, and (d) for support and civilization. (Mar. 3, 1911, ch. 210, § 27, 36 Stat. 1077.)

§ 144. Repealed. May 29, 1928, ch. 901, § 1 (66), 45 Stat. 991.

Section, act Aug. 1, 1914, ch. 222, § 1, 38 Stat. 587, related to an annual report of moneys appropriated for encouragement of industry.

§ 145. Accounts between United States and tribes under reimbursable appropriations.

The Secretary of the Interior shall cause to be stated annual accounts between the United States and each tribe of Indians arising under appropriations made, which by law are required to be reimbursed to the United States, crediting in said accounts the sums so reimbursed, if any; and the Secretary of the Interior shall pay, out of any fund or funds belonging to such tribe or tribes of Indians applicable thereto and held by the United States in trust or otherwise, all balances of accounts due to the United States and not already reimbursed to the Treasury, and deposit such sums in the Treasury as miscellaneous receipts; and such accounts shall be received and examined by the General Accounting Office and the balances arising thereon certified to the Secretary of the Treasury. (Apr. 4, 1910, ch. 140, § 1, 36 Stat. 270; June 10, 1921, ch. 18, § 304, 42 Stat. 24.)

§ 146. Report of Indians present and receiving food. Whenever the issue of food, clothing, or supplies of any kind to Indians is provided for, it shall be the duty of the agent or commissioner issuing the same, at such issue thereof, whether it be both of food and clothing, or either of them, or of any kind of supplies, to report to the Commissioner of Indian Affairs the number of Indians present and actually receiving the same. (R. S. § 2109.)

DERIVATION

Act Feb. 14, 1873, ch. 138, § 7, 17 Stat. 463, 464.

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.

§ 147. Appropriations for specified buildings; use for transportation of materials.

Appropriations for specified buildings in the Indian Service shall be used for the transportation

manner that moneys received from the sales of public lands are paid into the Treasury. (R. S. § 2093.)

of materials purchased therefrom. (Jan. 12, 1927, ch. 27, § 1, 44 Stat. 939.)

§ 148. Appropriations for supplies; transfer to Indian Service supply fund; expenditure.

From time to time there is authorized to be transferred from each or any appropriation or fund available for the purchase of supplies for the Indian Service, to a fund to be set up and carried on the books of the Treasury as an Indian Service supply fund, such amounts as the Secretary of the Interior may estimate to be required to pay for supplies purchased through Indian warehouses for the Indian field service; and the expenditure of the said Indian Service supply fund for the purpose stated is authorized, necessary adjustments to be made thereafter to the end that each appropriation and fund ultimately will be charged only with the cost of the supplies legally chargeable thereto. (Jan. 12, 1927, ch. 27, § 1, 44 Stat. 939.)

DEPOSIT, CARE, AND INVESTMENT OF INDIAN

MONEYS

§ 151. Deposits in bank by disbursing agents.

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 national bank or banks as he may select: Provided, That the bank or banks so selected by him shall first execute to said disbursing agent a bond, with approved surety, in such an amount as will properly safeguard the funds to be deposited. Such bond shall be subject to the approval of the Secretary of the Interior. (Apr. 30, 1908, ch. 153, 35 Stat. 73; June 25, 1910, ch. 431, § 1, 36 Stat. 855; Mar. 3, 1928, ch. 122, 45 Stat. 161; Apr. 30, 1934, ch. 169, 48 Stat. 648.)

CODIFICATION

This section is also set out in the last two provisos of section 372 of this title.

TRANSFER OF FUNCTIONS

CROSS REFERENCES

Indian agents abolished, see note under section 64 of this title.

§ 152. Proceeds of sales of Indian lands.

All moneys received from the sales of lands that have been, or may be, ceded to the United States by Indian tribes, by treaties providing for the investment or payment to the Indians, parties thereto, of the proceeds of the lands ceded by them, respectively, after deducting the expenses of survey and sale, any sums stipulated to be advanced, and the expenses of fulfilling any engagements contained therein, shall be paid into the Treasury in the same

DERIVATION

Act Jan. 9, 1837, ch. 1, § 1, 5 Stat. 135.
CROSS REFERENCES

Proceeds of sales of Indian lands not subject to deductions for expenses of public land service, see section 154 of this title.

§ 153. Appropriation to carry out treaties.

All sums that are or may be required to be paid, and all moneys that are or may be required to be invested by the treaties mentioned in section 152 of this title are appropriated in conformity to them, and shall be drawn from the Treasury as other public moneys are drawn therefrom, under such instructions as may from time to time be given by the President. (R. S. § 2094.)

DERIVATION

Act Jan. 9, 1837, ch. 1, § 2, 5 Stat. 135.

§ 154. Proceeds of sales of lands not subject to certain deductions.

No part of the expenses of the public lands service shall be deducted from the proceeds of Indian lands sold through the Bureau of Land Management, except as authorized by the treaty or agreement providing for the disposition of the lands. (July 4, 1884, ch. 180, § 10, 23 Stat. 98; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

TRANSFER OF FUNCTIONS

All miscellaneous revenues derived from Indian reservations, agencies, and schools, except those of the Five Civilized Tribes and not the result of the labor of any member of such tribe, which are not required by existing law to be otherwise disposed of, shall be covered into the Treasury of the United States under the caption "Indian moneys, proceeds of labor", and are made available for expenditure, in the discretion of the Secretary of the Interior, for the benefit of the Indian tribes, agencies, and schools on whose behalf they are collected, subject, however, to the limitations as to tribal funds, imposed by sections 123 and 142 of this title. (Mar. 3, 1883, ch. 141, § 1, 22 Stat. 590; Mar. 2. 1887, ch. 320, 24 Stat. 463; May 17, 1926, ch. 309, § 1. 44 Stat. 560; May 29, 1928, ch. 901, § 1, 45 Stat. 991.)

REFERENCES IN TEXT

Section 142 of this title, referred to in the text, was repealed by act May 29, 1928, ch. 901, § 1, 45 Stat. 986, 992.

TRANSFER OF FUNCTIONS

CROSS REFERENCES

Alaska, application to facilities operated by Indian Service, see section 50f of Title 48, Territories and Insular Possessions.

Indian moneys, proceeds of labor to be classified on books of Treasury as trust fund, see section 725s of Title 31, Money and Finance.

Tribal funds included in fund "Indian Money, Proceeds of Labor" to be carried in Treasury Department in separate accounts for the respective tribes, see section 161b of this title.

Ute Indians, division of trust funds, shares to be credited to existing accounts established pursuant to this section, see section 672 of this title.

§ 155a. Disposal of miscellaneous revenues from Indian reservations.

CODIFICATION

Section, act May 17, 1926, ch. 309, § 1, 44 Stat. 560, was omitted from the Code as covered by section 155 of this title.

§ 156. Deposit of funds from sales of lands and property of Five Civilized Tribes.

The net receipts from the sales of surplus and unallotted lands and other tribal property belonging to any of the Five Civilized Tribes, after deducting the necessary expense of advertising and sale, may be deposited in national or State banks in the State of Oklahoma in the discretion of the Secretary of the Interior, such depositories to be designated by him under such rules and regulations governing the rate of interest thereon, the time of deposit and withdrawal thereof, and the security therefor, as he may prescribe. The interest accruing on such funds may be used to defray the expense of the per capita payments of such funds. 3, 1911, ch. 210, § 17, 36 Stat. 1070.)

(Mar.

§ 157. Investments of stock required by treaties. All investments of stock, that are or may be required by treaties with the Indians, shall be made under the direction of the President; and special accounts of the funds under such treaties shall be kept at the Treasury, and statements thereof be annually laid before Congress. (R. S. § 2095.) DERIVATION

Act Jan. 9, 1837, ch. 1, § 3, 5 Stat. 135.

§ 158. Investment of proceeds of lands.

The Secretary of the Interior shall invest in a manner which shall be in his judgment most safe, and beneficial for the fund, all moneys that may be received under treaties containing stipulations for the payment to the Indians, annually, of interest upon the proceeds of the lands ceded by them; and he shall make no investment of such moneys, or of any portion, at a lower rate of interest than 5 per centum per annum. (R. S. § 2096.)

DERIVATION

Act Jan. 9, 1837, ch. 1, § 4, 5 Stat. 135.
CROSS REFERENCES

Custody of stocks or bonds held in trust for tribes to be in Secretary of Treasury, see section 160 of this title.

Deposit of Indian trust funds in Treasury, see section 161 of this title.

§ 159. Moneys due incompetents or orphans.

The Secretary of the Interior is directed to cause settlements to be made with all persons appointed by the Indian councils to receive moneys due to incompetent or orphan Indians, and to require all moneys found to be due to such incompetent or orphan Indians to be returned to the Treasury; and all moneys so returned shall bear interest at the rate of 6 per centum per annum, until paid by order of the Secretary of the Interior to those entitled to the same. No money shall be paid to any person appointed by any Indian council to receive moneys due to incompetent or orphan Indians, but the same shall remain in the Treasury of the United States until ordered to be paid by the Secretary to those entitled to receive the same, and shall bear 6 per centum interest until so paid. (R. S. § 2108.) DERIVATION

Act July 5, 1862, ch. 135, § 6, 12 Stat. 529.

CROSS REFERENCES

Payment of money accruing to Indian incompetents or minors from Veterans' Administration or other governmental agencies, see section 14 of this title.

§ 160. Custody of stocks or bonds held in trust for tribes.

All stocks, bonds, or other securities or evidences of indebtedness held by the Secretary of the Interior on June 10, 1876, in trust for the benefit of certain Indian tribes shall, within thirty days from that date, be transferred to the Treasurer of the United States, who shall become the custodian thereof; and it shall be the duty of said Treasurer to collect all interest falling due on said bonds, stocks, and so forth, and deposit the same in the Treasury of the United States, and to issue certificates of deposit therefor, in favor of the Secretary of the Interior, as trustee for various Indian tribes. And the Treasurer of the United States shall also become the custodian of all bonds and stocks which may be purchased for the benefit of any Indian tribe or tribes after the transfer of funds herein authorized, and shall make all purchases and sales of bonds and stocks authorized by treaty stipulations or by acts of Congress when requested so to do by the Secretary of the Interior: Provided, That nothing in this section shall in any manner impair or affect the supervisory and appellate powers and duties in regard to Indian affairs which may be vested in the Secretary of the Interior as trustee for various Indian tribes, except as to the custody of said bonds and the collection of interest thereon as hereinbefore mentioned. (June 10, 1876, ch. 122, 19 Stat. 58.)

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury and all functions of all agencies and employees

of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, 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. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Treasurer of the United States, referred to in this section, is an officer of the Treasury Department.

§ 161. Deposit in Treasury of trust funds.

The Secretary of the Interior is authorized to deposit, in the Treasury of the United States, any and all sums held by him on April 1, 1880, or which may be received by him, as Secretary of the Interior and trustee of various Indian tribes, on account of the redemption of United States bonds, or other stocks and securities belonging to the Indian trust fund, and all sums received on account of sales of Indian trust lands, and the sales of stocks lately purchased for temporary investment, whenever he is of the opinion that the best interests of the Indians will be promoted by such deposits, in lieu of investments; and the United States shall pay interest semiannually, from the date of deposit of any and all such sums in the United States Treasury, at the rate per annum stipulated by treaties or prescribed by law, and such payments shall be made in the usual manner, as each may become due, without further appropriation by Congress. (Apr. 1, 1880, ch. 41, 21 Stat. 70.)

APPROPRIATIONS

Effective July 1, 1935, the permanent appropriation provided for in the last clause of this section was repealed by act June 26, 1934, ch. 756, § 2, 48 Stat. 1225, such act authorizing, in lieu thereof, an annual approSee priation from the general fund of the Treasury. section 725a (b) of Title 31, Money and Finance.

§ 161a. Tribal funds in trust in Treasury Department; rate of interest.

All funds with account balances exceeding $500 held in trust by the United States and carried in principal accounts on the books of the Treasury Department to the credit of Indian tribes, upon which interest is not otherwise authorized by law, shall bear simple interest at the rate of 4 per centum per an(Feb. 12, 1929, ch. 178, § 1, 45 Stat. 1164; June 13, 1930, ch. 483, 46 Stat. 584.)

num.

CROSS REFERENCES

Trust funds on deposit in Treasury, see section 725s of Title 31, Money and Finance, and note thereto.

Ute Indians, division of trust funds, shares to be credited to existing accounts established pursuant to sections 161a-161d of this title, see section 672 of this title.

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

All tribal funds arising under section 155 of this title on June 13, 1930, included in the fund "Indian Money, Proceeds of Labor", shall, on and after July 1, 1930, be carried on the books of the Treasury Department in separate accounts for the respective tribes, and all such funds with account balances exceeding $500 shall bear simple interest at the rate of

4 per centum per annum from July 1, 1930. (Feb. 12, 1929, ch. 178, § 2, as added June 13, 1930, ch. 483, 46 Stat. 584.)

CROSS REFERENCES

Trust funds on deposit in Treasury, see section 7255 of Title 31, Money and Finance, and note thereto.

§ 161c. Same; surplus above requirements of fund; transfer to surplus fund of Treasury; retransfer. The amount held in any tribal fund account which, in the judgment of the Secretary of the Interior, is not required for the purpose for which the fund was created, shall be covered into the surplus fund of the Treasury; and so much thereof as is found to be necessary for such purpose may at any time thereafter be restored to the account on books of the Treasury without appropriation by Congress. (Feb. 12, 1929, ch. 178, § 3, as added June 13, 1930, ch. 483, 46 Stat. 584.)

CROSS REFERENCES

Trust funds on deposit in Treasury, see section 7255 of Title 31, Money and Finance, and note thereto.

§ 161d. Same; disposition of accrued interest.

The interest accruing on Indian tribal funds under sections 161a-161c of this title shall be subject to the same disposition as prescribed by existing law for the respective principal funds. (Feb. 12, 1929, ch. 178, § 4, as added June 13, 1930, ch. 483, 46 Stat. 584.)

CROSS REFERENCES

Trust funds on deposit in Treasury, see section 725s of Title 31, Money and Finance, and note thereto.

§ 162. Repealed. June 24, 1938, ch. 648, § 2, 52 Stat. 1037.

Section, act May 25, 1918, ch. 86, § 28, 40 Stat. 591, related to the segregation, deposit, and investment of tribal funds, and is now covered by section 162a of this title. § 162a. Deposit of tribal funds in banks; bond or collateral security; investments.

The Secretary of the Interior is authorized in his discretion, and under such rules and regulations as he may prescribe, to withdraw from the United States Treasury and to deposit in banks to be selected by him the common or community funds of any Indian tribe which are, or may hereafter be, held in trust by the United States and on which the United States is not obligated by law to pay interest at higher rates than can be procured from the banks. The said Secretary is also authorized, under such rules and regulations as he may prescribe, to deposit in banks to be selected by him the funds held in trust by the United States for the benefit of individual Indians: Provided, That no individual Indian money shall be deposited in any bank until the bank shall have agreed to pay interest thereon at a reasonable rate, subject, however, to the regulations of the Board of Governors of the Federal Reserve System in the case of member banks, and of the Board of Directors of the Federal Deposit Insurance Corporation in the case of insured nonmember banks, except that the payment of interest may be waived in the discretion of the Secretary of the Interior on any deposit which is payable on demand: Provided further, That

no tribal or individual Indian money shall be deposited in any bank until the bank shall have furnished an acceptable bond or pledged collateral security therefor in the form of any public-debt obligations of the United States and any bonds, notes, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States, except that no such bond or collateral shall be required to be furnished by any such bank which is entitled to the benefits of section 264 of Title 12 with respect to any deposits of such tribal or individual funds to the extent that such deposits are insured under such Isection: Provided, however, That nothing contained I in this section, or in section 264 of Title 12, shall operate to deprive any Indian having unrestricted funds on deposit in any such bank of the full protection afforded by section 264 of Title 12, irrespective of any interest such Indian may have in any restricted Indian funds on deposit in the same bank to the credit of a disbursing agent of the United States. For the purpose of this section and section 264 of Title 12, said unrestricted funds shall constitute a separate and distinct basis for an insurance claim: Provided further, That the Secretary of the Interior, if he deems it advisable and for the best interest of the Indians, may invest the trust funds of any tribe or individual Indian in any public-debt obligations of the United States and in any bonds, notes, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States: And provided further, That the foregoing shall apply to the funds of the Osage Tribe of Indians, and the individual members thereof, only with respect to the deposit of such funds in banks. (June 24, 1938, ch. 648, § 1, 52 Stat. 1037.)

REFERENCES IN TEXT

Section 264 of Title 12, referred to in the text, relating to the Federal Deposit Insurance Corporation, was withdrawn from the Federal Reserve Act and made a separate Act to be known as the Federal Deposit Insurance Act by section 1 of act Sept. 21, 1950, ch. 967, 64 Stat. 873. The Federal Deposit Insurance Act is now classified to chapter 16 of Title 12, Banks and Banking. REPEAL OF INCONSISTENT PROVISIONS AND CONSTRUCTION WITH OTHER LAWS

Section 2 of act June 24, 1938, repealed act May 25, 1918, ch. 86, § 28, 40 Stat. 591, which was contained in former section 162 of this title, and all other inconsistent acts.

Section 3 of act June 24, 1938, provided: "Nothing contained in this act shall be construed as affecting the provisions of the Federal Reserve Act or regulations issued thereunder relating to the payment of interest on deposits."

§ 163. Roll of membership of Indian tribes.

The Secretary of the Interior is authorized, wherever in his discretion such action would be for the best interest of the Indians, to cause a final roll to be made of the membership of any Indian tribe; such rolls shall contain the ages and quantum of Indian blood, and when approved by the said Secretary are declared to constitute the legal membership of the respective tribes for the purpose of segregating the tribal funds as provided in section 162 of this

§§ 171-173. Repealed. May 21, 1934, ch. 321, 48 Stat. 787.

Sections, R. S. 2111-2113, related to the sending or carrying of seditious messages to Indian tribes and to carrying on correspondence with foreign nations with intent to induce such nation to excite Indian tribes to war with the United States.

§ 174. Superintendence by President over tribes west of Mississippi.

The President is authorized to exercise general superintendence and care over any tribe or nation which was removed upon an exchange of territory under authority of the act of May 28, 1830, "to provide for an exchange of lands with the Indians residing in any of the States or Territories, and

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United States Code, Volume 2