judicial appropriation Acts, except temporary details of field employees for service connected solely with their respective employments. (Aug. 23, 1912, ch. 350, § 1, 37 Stat. 396.) 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. § 62. Discontinuance and transfer of agencies. The President shall, whenever he may judge it expedient, discontinue any Indian agency, or transfer the same, from the place or tribe designated by law, to such other place or tribe as the public service may require. (R. S. § 2059.) DERIVATION Act June 30, 1834, ch. 162, § 4, 4 Stat. 735. DELEGATION OF FUNCTIONS For delegation to the Secretary of the Interior of authority vested in the President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F. R. 5385, set out as a note under section 301 of Title 3, The President. § 63. Consolidation of agencies. The President may, in his discretion, consolidate two or more agencies into one, and where Indians are located on reservations created by Executive order he may, with the consent of the tribes to be affected thereby, expressed in the usual manner, consolidate one or more tribes, and abolish such agencies as are thereby rendered unnecessary. (May 17, 1882, ch. 163, § 6, 22 Stat. 88; July 4, 1884, ch. 180, § 6, 23 Stat. 97.) DELEGATION OF FUNCTIONS For delegation to the Secretary of the Interior of authority vested in the President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F. R. 5385, set out as a note under section 301 of Title 3, The President. § 64. Services of agents dispensed with. It shall be the duty of the President to dispense with the services of such Indian agents and superintendents as may be practicable; and where it is practicable he shall require the same person to perform the duties of two agencies or superintendencies for one salary. (R. S. § 2053; June 22, 1874, ch. 389, § 1, 18 Stat. 147; Mar. 3, 1875, ch. 132, § 1, 18 Stat. 421.) DERIVATION Act Feb. 14, 1873, ch. 138, § 1, 17 Stat. 437. INDIAN AGENTS In a communication, dated November 29, 1940, from the Office of Indian Affairs of the Department of the Interior, it was stated that there have been no Indian agents since 1908, all of the agencies and schools having been placed under the supervision of superintendents. § 65. Discontinuance of agents, subagents, and interpreters. The Secretary of the Interior shall, under the direction of the President, cause to be discontinued the services of such agents, subagents, interpreters, and mechanics as may from time to time become unnecessary, in consequence of the emigration of the Indians, or other causes. (R. S. § 2073; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 244.) DERIVATION Act July 9, 1832, ch. 174, § 5, 4 Stat. 564. There have been no Indian agents since 1908. See note under section 64 of this title. § 66. Duties of agency devolved on superintendent of Indian school. The Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may devolve the duties of Indian agency or part thereof upon the superintendent of the Indian school located at such agency or part thereof whenever in his judgment such superintendent can properly perform the duties of such agency. And the superintendent upon whom such duties devolve shall give bond as other Indian agents. The pay of any superintendent who performs agency duties in addition to those of his superintendency may be increased by the Commissioner of Indian Affairs, in his discretion, to an extent not exceeding $300 per annum. (Mar. 1, 1907, ch. 2285, 34 Stat. 1020.) 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. § 67. Superintendent of training school at Cherokee Agency to act as agent. The superintendent of the Indian training school at Cherokee, North Carolina, shall, in addition to his duties as superintendent, perform the duties required prior to March 3, 1893, of the agent at said Cherokee Agency, and receive in addition to his salary as superintendent $200 per annum, and shall give bond as other Indian agents, and the office of agent is abolished at that place. (Mar. 3, 1893, ch. 209, § 1, 27 Stat. 614.) 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. CROSS REFERENCES Duties of agency may be devolved upon superintendent of the Indian school who must give bond and who shall receive for such duties not exceeding $300 per annum, see section 66 of this title. § 68. Employees not to trade with Indians. No person employed in Indian affairs shall have any interest or concern in any trade with the Indians, except for, and on account of, the United States; and any person offending herein, shall be 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. CROSS REFERENCES Employees forbidden to have interest in Indian contracts, see section 437 of Title 18, Crimes and Criminal Procedure. This section as limitation upon right of Indian employees of Government to Indian benefits, see section 441 of this title. § 68a. Same; 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 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 19, 1939, is duplicated as section 87a of this title. The final proviso of the act constitutes section 441 of this title. 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 offcers, 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. Expenses of Commission. Time of meetings. Record of proceedings; public inspection. 70h. Control of procedure. 701. 70j. 70k. 701. Presentation of claims. Suits in Court of Claims under prior acts; transfer forbidden; offsets and counterclaims. Limitation of time for presenting claims. Notice to tribes; investigation of claims; availability of data. 70m. Information from governmental departments; offcial records as evidence. 70n. Attorneys of claimants; selection, practice and fees; Attorney General to represent United States; compromise of claims. 70n-1. Expert assistance for preparation and trial of claims; revolving fund established for loans. 70n-2. Inability of applicants to pay for assistance required; denial of loans in cases of unreasonable fees. § 70. Creation of Commission. There is created and established an Indian Claims Commission, referred to in this chapter as the Commission. (Aug. 13, 1946, ch. 959, § 1, 60 Stat. 1049.) REPEAL OF INCONSISTENT PROVISIONS Section 25 of act Aug. 13, 1946, provided: "All provisions of law inconsistent with this Act [this chapter] are hereby repealed to the extent of such inconsistency, except that existing provisions of law authorizing suits in the Court of Claims by particular tribes, bands, or groups of Indians and governing the conduct or determination of such suits shall continue to apply to any case heretofore or hereafter instituted thereunder save as provided by section 11 hereof [section 70] of this title] as to the deduction of payments, offsets, counterclaims, and demands." SEPARABILITY OF PROVISIONS Section 26 of act Aug. 13, 1946, provided: "If any provision of this Act [this chapter], or the application thereof, is held invalid, the remainder of the Act [this chapter], or other applications of such provisions, shall not be affected." § 70a. Jurisdiction; claims considered; offsets and counterclaims. The Commission shall hear and determine the following claims against the United States on behalf of any Indian tribe, band, or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska: (1) claims in law or equity arising under the Constitution, laws, treaties of the United States, and Executive orders of the President; (2) all other claims in law or equity, including those sounding in tort, with respect to which the claimant would have been entitled to sue in a court of the United States if the United States was subject to suit; (3) claims which would result if the treaties, contracts, and agreements between the claimant and the United States were revised on the ground of fraud, duress, unconscionable consideration, mutual or unilateral mistake, whether of law or fact, or any other ground cognizable by a court of equity; (4) claims arising from the taking by the United States, whether as the result of a treaty of cession or otherwise, of lands owned or occupied by the claimant without the payment for such lands of compensation agreed to by the claimant; and (5) claims based upon fair and honorable dealings that are not recognized by any existing rule of law or equity. No claim accruing after August 13, 1946, shall be considered by the Commission. All claims under this chapter may be heard and determined by the Commission notwithstanding any statute of limitations or laches, but all other defenses shall be available to the United States. In determining the quantum of relief the Commission shall make appropriate deductions for all payments made by the United States on the claim, and for all other offsets, counterclaims, and demands that would be allowable in a suit brought in the Court of Claims under section 250 of Title 28; the Commission may also inquire into and consider all money or property given to or funds expended gratuitously for the benefit of the claimant and if it finds that the nature of the claim and the entire course of dealings and accounts between the United States and the claimant in good conscience warrants such action, may set off all or part of such expenditures against any award made to the claimant, except that it is declared to be the policy of Congress that monies spent for the removal of the claimant from one place to another at the request of the United States, or for agency or other administrative, educational, health or highway purposes, or for expenditures made prior to the date of the law, treaty or Executive Order under which the claim arose, or for expenditures made pursuant to sections 461, 462, 463, 464, 465, 466-470, 471-473, 474, 475, 476-478 and 479 of this title, save expenditures made under section 465 of this title, or for expenditures under any emergency appropriation or allotment made subsequent to March 4, 1933, and generally applicable throughout the United States for relief in stricken agricultural areas, relief from distress caused by unemployment and conditions resulting therefrom, the prosecution of public work and public projects for the relief of unemployment or to increase employment, and for work relief (including the Civil Works Program) shall not be a proper offset against any award. (Aug. 13, 1946, ch. 959, § 2, 60 Stat. 1050.) REFERENCES IN TEXT Section 250 of Title 28, referred to in text. was repealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 992, and is now covered by sections 1491, 1496, 1501, 1503, and 2501 of Title 28, Judiciary and Judicial Procedure. ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. CROSS REFERENCES Jurisdiction of Indian claims against the United States accruing after August 13, 1946, see section 1505 of Title 28, Judiciary and Judicial Procedure. § 70b. Members of Commission. (a) Appointment; qualifications; oath. The Commission shall consist of a Chief Commissioner and two Associate Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. At all times at least two members of the Commission shall be members of the bar of the Supreme Court of the United States in good standing: Provided, That not more than two of the members shall be of the same political party. Each of them shall take an oath to support the Constitution of the United States and to discharge faithfully the duties of his office. (b) Term of office; vacancies; removal. The Commissioners shall hold office during their good behavior until the dissolution of the Commission as provided in this chapter. Vacancies shall be filed in the same manner as the original appointments. Members of the Commission may be removed by the President for cause after notice and opportunity to be heard. (c) Restriction on engagement in other vocations or representation of tribes; penalty. No Commissioner shall engage in any other business, vocation, or employment during his term of office nor shall he, during his term of office or for a period of two years thereafter, represent any Indian tribe, band, or group in any matter whatsoever, or have any financial interest in the outcome of any tribal claim. Any person violating the provisions of this subdivision shall be fined not more than $10,000 or imprisoned not more than two years, or both. (d) Quorum. Two members shall constitute a quorum, and the agreement of two members shall be necessary to any and all determinations for the transaction of the business of the Commission, and, if there be a quorum, no vacancy shall impair or affect the business of the Commission, or its determinations. (Aug. 13, 1946, ch. 959, § 3, 60 Stat. 1050; Oct. 15, 1949, ch. 695, § 6(a), 62 Stat. 881.) CODIFICATION Provisions of subsec. (a) which prescribed the basic compensation of the Commissioners were omitted to conform to the provisions of the Federal Executive Salary Schedule. See section 2210 et seq. of Title 5, Executive Departments and Government Officers and Employees. AMENDMENTS 1949-Subsec. (a). Act Oct. 15, 1949, increased compensation of Commissioners from $12,000 to $14,000 per annum. § 70c. Staff of Commission; oath. The Commission shall appoint a clerk and such other employees as shall be requisite to conduct the business of the Commission. All such employees shall take oath for the faithful discharge of their duties and shall be under the direction of the Commission in the performance thereof. (Aug. 13, 1946, ch. 959, § 4, 60 Stat. 1051.) § 70d. Principal office. The principal office of the Commission shall be in the District of Columbia. (Aug. 13, 1946, ch. 959, § 5, 60 Stat. 1051.) § 70e. Expenses of Commission. All necessary expenses of the Commission shall be paid on the presentation of itemized vouchers therefor approved by the Chief Commissioner or other member or officer designated by the Commission. (Aug. 13, 1946, ch. 959, § 6, 60 Stat. 1051.) § 70f. Time of meetings. The time of the meetings of the Commission shall be prescribed by the Commission. (Aug. 13, 1946, ch. 959, 7, 60 Stat. 1051.) § 70g. Record of proceedings; public inspection. A full written record shall be kept of all hearings and proceedings of the Commission and shall be open to public inspection. (Aug. 13, 1946, ch. 959, § 8, 60 Stat. 1051.) § 70h. Control of procedure. The Commission shall have power to establish its own rules of procedure. (Aug. 13, 1946, ch. 959, § 9, 60 Stat. 1051.) § 70i. Presentation of claims. Any claim within the provisions of this chapter may be presented to the Commission by any member of an Indian tribe, band, or other identifiable group of Indians as the representative of all its members; but wherever any tribal organization exists, recognized by the Secretary of the Interior as having authority to represent such tribe, band, or group, such organization shall be accorded the exclusive privilege of representing such Indians, unless fraud, collusion, or laches on the part of such organization be shown to the satisfaction of the Commission (Aug. 13, 1946, ch. 959, § 10, 60 Stat. 1052.) § 70j. Suits in Court of Claims under prior acts; transfer forbidden; offsets and counterclaims. Any suit pending in the Court of Claims or the Supreme Court of the United States or which shall be filed in the Court of Claims under existing legislation, shall not be transferred to the Commission: Provided, That the provisions of section 70a of this title, with respect to the deduction of payments, offsets, counterclaims and demands, shall supersede the provisions of the particular jurisdictional Act under which any pending or authorized suit in the Court of Claims has been or will be authorized: Provided further, That the Court of Claims in any suit pending before it on August 13, 1946, shall have exclusive jurisdiction to hear and determine any claim based upon fair and honorable dealings arising out of the subject matter of any such suit. (Aug. 13, 1946, ch. 959, § 11, 60 Stat. 1052.) § 70k. Limitation of time for presenting claims. The Commission shall receive claims for a period of five years after August 13, 1946, and no claim existing before such date but not presented within such period may thereafter be submitted to any court or administrative agency for consideration, nor will such claim thereafter be entertained by the Congress. (Aug. 13, 1946, ch. 959, § 12, 60 Stat. 1052.) § 701. Notice to tribes; investigation of claims; availability of data. (a) As soon as practicable the Commission shall send a written explanation of the provisions of this chapter to the recognized head of each Indian tribe and band, and to any other identifiable groups of American Indians existing as distinct entities, residing within the territorial limits of the United States and Alaska, and to the superintendents of all Indian agencies, who shall promulgate the same, and shall request that a detailed statement of all claims be sent to the Commission, together with the names of aged or invalid Indians from whom depositions should be taken immediately and a summary of their proposed testimonies. (b) The Commission shall establish an Investigation Division to investigate all claims referred to it by the Commission for the purpose of discovering the facts relating thereto. The Division shall make a complete and thorough search for all evidence affecting each claim, utilizing all documents and records in the possession of the Court of Claims and the several Government departments, and shall submit such evidence to the Commission. The Division shall make available to the Indians concerned and to any interested Federal agency any data in its possession relating to the rights and claims of any Indian. (Aug. 13, 1946, ch. 959, § 13, 60 Stat. 1052.) ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. CROSS REFERENCES Jurisdiction of Indian claims against the United States accruing after August 13, 1946, see section 1505 of Title 28, Judiciary and Judicial Procedure. § 70m. Information from governmental departments; official records as evidence. The Commission shall have the power to call upon any of the departments of the Government for any information it may deem necessary, and shall have the use of all records, hearings, and reports made by the committees of each House of Congress, when deemed necessary in the prosecution of its business. At any hearing held under this chapter, any official letter, paper, document, map, or record in the possession of any officer or department, or court of the United States or committee of Congress (or a certified copy thereof), may be used in evidence insofar as relevant and material, including any deposition or other testimony of record in any suit or proceeding in any court of the United States to which an Indian or Indian tribe or group was a party, and the appropriate department of the Government of the United States shall give to the attorneys for all tribes or groups full and free access to such letters, papers, documents, maps, or records as may be useful to said attorneys in the preparation of any claim instituted under this chapter, and shall afford facilities for the examination of the same and, upon written request by said attorneys, shall furnish certified copies thereof. (Aug. 13, 1946, ch. 959, § 14, 60 Stat. 1052.) § 70n. Attorneys of claimants; selection, practice and fees; Attorney General to represent United States; compromise of claims. Each such tribe, band, or other identifiable group of Indians may retain to represent its interests in the presentation of claims before the Commission an attorney or attorneys at law, of its own selection, whose practice before the Commission shall be regulated by its adopted procedure. The fees of such attorney or attorneys for all services rendered in prosecuting the claim in question, whether before the Commission or otherwise, shall, unless the amount of such fees is stipulated in the approved contract between the attorney or attorneys and the claimant, be fixed by the Commission at such amount as the Commission, in accordance with standards obtaining for prosecuting similar contingent claims in courts of law, finds to be adequate compensation for services rendered and results obtained, considering the contingent nature of the case, plus all reasonable expenses incurred in the prosecution of the claim; but the amount so fixed by the Commission, exclusive of reimbursements for actual expenses, shall not exceed 10 per centum of the amount recovered in any case. The attorney or attorneys for any such tribe, band, or group as shall have been organized pursuant to section 476 of this title, shall be selected pursuant to the constitution and bylaws of such tribe, band, or group. The employment of attorneys for all other claimants shall be subject to the provisions of sections 81, 82, 83, and 84 of this title. The Attorney General or his assistants shall represent the United States in all claims presented to the Commission, and shall have authority, with the approval of the Commission, to compromise any claim presented to the Commission. Any such compromise shall be submitted by the Commission to the Congress as a part of its report as provided in section 70t of this title in the same manner as final determinations of the Commission, and shall be subject to the provisions of section 70u of this title. (Aug. 13, 1946, ch. 959, § 15, 60 Stat. 1053.) REFERENCES IN TEXT Section 83 of this title, referred to in text, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, and is now covered by section 438 of Title 18, Crimes and Criminal Procedure. § 70n-1. Expert assistance for preparation and trial of claims; revolving fund established for loans. There is hereby authorized to be appropriated the sum of $900,000 for the establishment of a revolving fund from which the Secretary of the Interior may make loans to Indian tribes and bands and to other identifiable groups of American Indians residing within the territorial limits of the United States for use by them in obtaining expert assistance, other than the assistance of counsel, for the preparation and trial of claims pending before the Indian Claims Commission. (Pub. L. 88-168, § 1, Nov. 4, 1963, 77 Stat. 301.) § 70n-2. Inability of applicants to pay for assistance required; denial of loans in cases of unreasonable fees. No loan shall be made under sections 70n-1 to 70n-7 of this title to a tribe, band, or group if it has funds available on deposit in the Federal Treasury or elsewhere in an amount adequate to obtain the expert assistance it needs or if, in the opinion of the Secretary, the fees to be paid the experts are unreasonable in light of the services to be performed by them. (Pub. L. 88-168, § 2, Nov. 4, 1963, 77 Stat. 301.) § 70n-3. Reports to congressional committees. Every loan made under sections 70n-1 to 70n-7 of this title shall be reported to the Committees on Interior and Insular Affairs of the Senate and House of Representatives within fifteen days of the time it is made. (Pub. L. 88-168, § 3, Nov. 4, 1963, 77 Stat. 301.) § 70n-4. Interest; repayment from judgments. Any loan made under sections 70n-1 to 70n-7 of this title shall bear interest and shall, together with such interest, be repayable out of the proceeds of any judgment recovered by the tribe, band, or group on its claim against the United States. If no judgment is recovered or if the amount of the judgment recovered is inadequate to repay the loan and interest thereon; the unpaid amount may be declared nonrepayable by the Secretary. (Pub. L. 88-168, § 4, Nov. 4, 1963, 77 Stat. 301.) § 70n-5. Crediting to revolving fund of repayments and interest. Repayments of loans made under sections 70n-1 to 70n-7 of this title and of interest thereon shall be credited to the revolving fund established under section 70n-1 of this title. (Pub. L. 88-168, § 5, Nov. 4, 1963, 77 Stat. 301.) § 70n-6. Liability of United States. No liability shall attach to the United States because of a failure to make a loan in the amount requested. (Pub. L. 88-168, § 6, Nov. 4, 1963, 77 Stat. 301.) § 70n-7. Approval of contingent fee contracts prohibited. After November 4, 1963, the Secretary of the Interior shall approve no contract which makes the compensation payable to a witness before the Indian Claims Commission contingent upon the recovery of a judgment against the United States. (Pub. L. 88-168, § 7, Nov. 4, 1963, 77 Stat. 301.) §700. Member of Congress forbidden to practice before Commission. No Senator or Member of or Delegate to Congress shall, during his continuance in office, practice before the Commission. (Aug. 13, 1946, ch. 959, § 16, 60 Stat. 1053.) § 70p. Hearings. The Commission shall give reasonable notice to the interested parties and an opportunity for them to be heard and to present evidence before making any final determination upon any claim. Hearings may be held in any part of the United States or in the Territory of Alaska. (Aug. 13, 1946, ch. 959, § 17, 60 Stat. 1053.) ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, |