United States Code

treatment any agency of the United States is responsible. (Pub. L. 86-571, § 4, July 5, 1960, 74 Stat. 309.)

EFFECTIVE DATE

Section effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title.

§ 325. Examination of persons admitted; discharge or conditional release; notification of admission. (a) Any person admitted to any hospital pursuant to section 322 or section 324 of this title shall, as soon as practicable, but in no event more than five days after the day of such admission, be examined by qualified members of the medical staff of the hospital and, unless found to be in need of hospitalization by reason of mental illness, shall be discharged. Any person found upon such examination to be in need of such hospitalization shall thereafter, as frequently as practicable but not less often than every six months, be reexamined and shall, whenever it is determined that the conditions justifiying such hospitalization no longer obtain, be discharged or, if found to be in the best interests of the patient, be conditionally released.

(b) Whenever any person is admitted to a hospital pursuant to this chapter, his legal guardian, spouse, or next of kin shall, if known, be immediately notified. (Pub. L. 86-571, § 5, July 5, 1960,

74 Stat. 309.)

EFFECTIVE DATE Section effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title. § 326. Request for release of patient; detention for care and treatment; transfer to another hospital. (a) If a person who is a patient hospitalized under section 322 or 324 of this title, or his legal guardian, spouse, or adult next of kin, requests the release of such patient, the right of the Secretary, or the head of the hospital, to detain him for care and treatment shall be determined in accordance with such laws governing the detention, for care and treatment, of persons alleged to be mentally ill as may be in force and applicable generally in the State in which such hospital is located, but in no event shall the patient be detained more than fortyeight hours (excluding any period of time falling on a Sunday or legal holiday) after the receipt of such request unless within such time (1) judicial proceedings for such hospitalization are commenced or (2) a judicial extension of such time is obtained, for a period of not more than five days, for the commencement of such proceedings.

(b) The Secretary is authorized at any time, when he deems it to be in the interest of the person or of the institution affected, to transfer any person hospitalized under section 324 of this title from one hospital to another, and to that end any judicial commitment of any person so hospitalized may be to the Secretary. (Pub. L. 86-571, § 6, July 5, 1960, 74 Stat. 309.)

EFFECTIVE DATE

Section effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title.

§ 327. Notification to committing court of discharge or conditional release.

In the case of any person hospitalized under section 324 of this title who has been judicially com

mitted to the Secretary's custody, the Secretary shall, upon the discharge or conditional release of such person, or upon such person's transfer and release under section 323 of this title, notify the committing court of such discharge or conditional release or such transfer and release. (Pub. L. 86-571, § 7 July 5, 1960, 74 Stat. 310.)

EFFECTIVE DATE

Section effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title. § 328. Payment for care and treatment; compromise or waiver; investigations; judicial proceedings. (a) Any person hospitalized under section 324 of this title or his estate, shall be liable to pay or contribute toward the payment of the costs or charges for his care and treatment to the same extent as such person would, if resident in the District of Columbia, be liable to pay, under the laws of the District of Columbia, for his care and maintenance in a hospital for the mentally ill in that jurisdiction. The Secretary may, in his discretion, where in his judgment substantial justice will be best served thereby or the probable recovery will not warrant the expense of collection, compromise or waive the whole or any portion of any claim under this section. In carrying out this section, the Secretary may make or cause to be made such investigations as may be necessary to determine the ability of any person hospitalized under section 324 of this title to pay or contribute toward the cost of his hospitalization. All collections or reimbursement on account of the costs and charges for the care of the eligible person shall be deposited in the Treasury as miscellaneous receipts. Any judicial proceedings to recover such costs or charges shall be brought in the name of the United States in any court of competent jurisdiction.

(b) As used in this section, the term "costs or charges" means, in the case of hospitalization at a hospital under the jurisdiction of the Department of Health, Education, and Welfare, a per diem rate prescribed by the Secretary on a basis comparable to that charged for any other paying patients and, in the case of persons hospitalized elsewhere, the contract rate or a per diem rate fixed by the Secretary on the basis of the contract rate. (Pub. L. 86571, 8, July 5, 1960, 74 Stat. 310.)

EFFECTIVE DATE

Section effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title. § 329. Availability of appropriations for transportation.

Appropriations for carrying out this chapter shall also be available for the transportation of any eligible person and necessary attendants to or from a hospital (including any hospital of a State or political subdivision to which an eligible person is released under section 323 of this title), to the place where a relative to whom any person is released under section 323 resides, or to a person's home upon his discharge from hospitalization under this chapter. (Pub. L. 86-571, § 9, July 5, 1960, 74 Stat. 310.)

EFFECTIVE DATE

Section effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title.

12.

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

14. Money accruing to Indians from Veterans' Administration or other governmental agencies.

15. Utility facilities used in administration of Bureau of Indian Affairs; contracts for sale, operation, maintenance, repair or relocation of facilities; terms and conditions; exception; Congressional approval.

§ 1. 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

Page 4795

performance of any cf his functions by any of those 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.

APPROPRIATIONS

For appropriation for the Bureau of Indian Affairs in accordance with the Classification Act of 1928, see act Mar. 3, 1925, ch. 462, 43 Stat. 1146.

By the Act of Jan. 24, 1923, making appropriations for the Department of the Interior, the salary of the Commissioner was fixed at $5,000.

For particular appropriation acts enumerating officers and employees in the office of the Commissioner of Indian Affairs, with their rates of compensation, see act May 24, 1922, ch. 199, 42 Stat. 559 and act Mar. 1, 1919, ch. 86, § 1, 40 Stat. 1213.

Five thousand dollars was appropriated for by the Legislative, Executive, and Judicial Appropriation Act of Mar. 4, 1915, ch. 141, 38 Stat. 1031.

An assistant commissioner was authorized by a provision of act of July 16, 1914, ch. 141, § 1, 38 Stat. 490. A provision in act July 9, 1832, ch. 174, § 1, 4 Stat. 564, fixed the salary of the Commissioner at $3,000 a year; but by act July 16, 1914, ch. 141, § 6, 38 Stat. 509, all laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts were repealed, and the rates of salaries or compensation of officers or employees appropriated for in such acts were to constitute the rate of salary or compensation of such officers or employees, respectively, until otherwise fixed by an annual rate of appropriation or other law.

CROSS REFERENCES

Civilian positions and schedules, see sections 1071 et seq., 1112 of Title 5, Executive Departments and Government Officers and Employees.

§ la. 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 the 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 those 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.

ASSISTANT COMMISSIONERS

An assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, § 1, 38 Stat. 490.

§ 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

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

TRANSFER OF FUNCTIONS

All supervisory and appellate powers and duties in regard to Indian affairs theretofore vested in the Secretary of the Treasury were thereafter to be exercised and performed by the Secretary of the Interior under the provisions of section 1 of act July 27, 1868, ch. 259, 15 Stat. 228.

Appointment by the President of a Commissioner of Indian Affairs to act under the direction of the Secretary of War was provided for by section 1 of act July 9, 1832, ch. 174, 4 Stat. 564.

§ 2a. Assistant or deputy commissioners; appointment; 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, referred to in text, are classified generally to Title 5, Executive Departments and Government Officers and Employees.

The Classification Act of 1949, referred to in text, is classified to chapter 21 of Title 5.

AMENDMENTS

1949-Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".

TRANSFER OF FUNCTIONS

REPEAL OF INCONSISTENT LAWS

Section 2 of act June 5, 1942, provided as follows: "All provisions of law inconsistent with this Act [this section] are hereby repealed to the extent of such inconsistency." ASSISTANT COMMISSIONERS

An assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, § 1, 38 Stat. 490.

§ 3. Compilation of statutes regulating duties of Indian 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

INDIAN AGENTS

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

§ 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.)

§ 5. Record of deeds by Indians requiring approval. The Commissioner of Indian Affairs is 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.)

TRANSFER OF FUNCTIONS

§ 6. Seal; authenticated and certified documents; evidence.

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

FEDERAL RULES OF CIVIL PROCEDURE

Proof of official record, see rule 44, Title 28, Appendix, Judiciary and Judicial Procedure.

Effect of rule 44 on this section, see note by Advisory Committee under rule 44.

§ 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

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. 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 or the Interior and all functions of all agencies and employees of the 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 those 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.

§ 9. 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. 738.

§ 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

§ 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.)

§ 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

§ 13. Expenditure of appropriations by Bureau of Indian 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 official 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

§ 14. Money accruing to Indians from Veterans' Administration 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

§ 15. Utility facilities used in administration of Bureau of Indian Affairs; contracts for sale, operation, maintenance, repair or relocation of facilities; terms and conditions; exception; Congressional approval.

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 Committees on Interior and Insular Affairs of the Senate and 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. 87-279, Sept. 22, 1961, 75 Stat. 577.)

« Previous Continue »

Books

United States Code, Volume 6