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TITLE 25.-INDIANS

Chapter 1.-BUREAU OF INDIAN AFFAIRS

Ex. ORD. No. 11399. NATIONAL COUNCIL ON INDIAN
OPPORTUNITY

Ex. Ord. No. 11399, Mar. 6, 1968, 33 F.R. 4245, as amended by Ex. Ord. No. 11551, Aug. 11, 1970, 35 F.R. 12885; Ex. Ord. No. 11688, Dec. 1, 1972, 37 F.R. 25815, provided:

SECTION 1. Establishment of Council. There is hereby established The National Council on Indian Opportunity (hereinafter referred to as the "Council"). The Council shall have membership as follows: The Vice President of the United States who shall be the chairman of the Council, the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Secretary of Housing and Urban Development, the Director of the Office of Economic Opportunity, and eight Indian leaders appointed by the President of the United States for terms of two years. In order to provide staggered terms for Indian-leader members of the Council appointed after August 31, 1972, the President shall, notwithstanding the terms prescribed by the last phrase of the preceding sentence, appoint four Indian-leaders to serve as members of the Council for terms ending August 31, 1973, and four for terms ending August 31, 1974. Each of their successors shall be appointed for a term of two years from the date of the expiration of the term for which his predecessor was appointed. Any Indian-leader member appointed to fill a vacany occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term.

§ 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, 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. (As amended June 6, 1972, Pub. L. 92-310, title II, § 229 (b) 86 Stat. 208.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which required the receiving clerk to give a bond in the sum of $1,000.

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Chapter 2.-OFFICERS OF INDIAN AFFAIRS

§ 51. Repealed. Pub. L. 92-310, title II, § 229(a), June 6, 1972, 86 Stat. 208.

Section, R.S. § 2075, empowered the President to require additional security from persons charged with disbursement of money or goods.

§ 52. Repealed. Pub. L. 92-310, title II, § 229(e), June 6, 1972, 86 Stat. 208.

Section, act Apr. 30, 1908, ch. 153, 35 Stat. 71, empowered the Secretary of the Interior to require new bonds from disbursing officers.

§ 52a. Repealed. Pub. L. 92-310, title II, § 229(c)(2), June 6, 1972, 86 Stat. 208.

Section, act Apr. 21, 1904, ch. 1402, 33 Stat. 191, related to special bonds for large per capita payments.

§ 53. Disbursing officers; acting clerks.

Any disbursing agent of the Indian Service, with the approval of the Commissioner of Indian Affairs, may authorize a clerk employed in his office to act in his place and discharge all the duties devolved upon him by law or regulations during such time as he may be unable to perform the duties of his position because of absence, physical disability, or other disqualifying circumstances: Provided, That such clerk, while acting for his principal, shall be subject to all the liabilities and penalties prescribed by law for official misconduct of disbursing agents. (As amended June 6, 1972, Pub. L. 92-310, title II, § 229 (f), 86 Stat. 209.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which related to the official bond of the disbursing agent. § 57. Heat and light for employees' quarters.

The Secretary of the Interior is authorized to allow employees in the Indian Service who are furnished quarters necessary heat and light for such quarters without charge, such heat and light to be paid for out of the fund chargeable with the cost of heating and lighting other buildings at the same place. (Aug. 1, 1914, ch. 222, § 1, 38 Stat. 584; May 25, 1918, ch. 86, § 1, 40 Stat. 564; Mar. 3, 1925, ch. 462, 43 Stat. 1147.)

CODIFICATION

Proviso excluding heat and light expenditures for agency purposes from maximum amount of employees' compensation prescribed by section 58 of this title was omitted as obsolete with repeal of former provision of section 58 of this title which imposed a salary limitation of $15,000 at any one agency and $20,000 at a consolidated agency by act Feb. 26, 1929, ch. 323, 45 Stat. 1307.

§ 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.

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. (As amended June 6, 1972, Pub. L. 92-310, title II, § 229 (d), 86 Stat. 208.) AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which required the superintendent of the Indian school to give a bond as other Indian agents.

Sec.

Chapter 2A.-INDIAN CLAIMS COMMISSION

70v-2. Report each session to Congressional Committees on status of Commission work remaining to be completed [New].

§ 70a. Jurisdiction; claims considered; offsets and counterclaims.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 702 of this title. § 70e. Itemized vouchers required for Commission expenses; authorization of appropriations.

There are authorized to be appropriated for the necessary expenses of the Commission not to exceed $1,500,000 for fiscal year 1973, and appropriations for succeeding fiscal years shall be made only to the extent hereafter authorized by Act of Congress. (As amended Mar. 30, 1972, Pub. L. 92-265, § 5, 86 Stat. 115.)

AMENDMENTS

1972-Pub. L. 92-265 authorized appropriations of not to exceed $1,500,000 for fiscal year 1973, with future appropriations to be made only upon future authorizations made by Congress.

§ 70v. Dissolution of Commission and disposition of pending claims.

The existence of the Commission shall terminate at the end of fifteen years from and after April 10, 1962, or at such earlier time as the Commission shall have made its final report to the Congress on all claims filed with it. Upon its dissolution the records and files of the Commission in all cases in which a final determination has been entered shall be delivered to the Archivist of the United States. The records and files in all other pending cases, if any, including those on appeal shall be transferred to the United States Court of Claims, and jurisdiction is hereby conferred upon the United States Court of Claims to adjudicate all such cases under the provisions of section 70a of this title: Provided, That section 70a of this title shall not apply to any case filed originally in the Court of Claims under section 1505 of Title 28. (As amended Mar. 30, 1972, Pub. L. 92-265, § 1, 86 Stat. 114.)

AMENDMENTS

1972-Pub. L. 92-265 extended to fifteen years from and after April 10, 1962, the termination date of the Commission and added provisions for the disposition at that time of all records and files in pending cases in which a final determination has not been entered.

§ 70v-1. Trial calendar. (a) Preparation.

The Commission from time to time shall prepare a trial calendar which shall set a date for the trial of the next phase of each claim as soon as practical after a decision of the Commission or the United States Court of Claims or the Supreme Court of the United States makes such setting possible, but such date shall not be later than one year from the date of such decision except on a clear showing by a party that irreparable harm would result unless longer preparation were allowed.

(b) Penalty for failure to proceed with trial on date set.

If a claimant fails to proceed with the trial of its claim on the date set for that purpose, the Commission may enter an order dismissing the claim with prejudice or it may reset such trial at the end of the calendar. (As amended Mar. 30, 1972, Pub. L. 92-265, §§ 2, 3, 86 Stat. 115.)

AMENDMENTS

1972-Subsec. (a). Pub. L. 92-265, § 2, substituted provisions directing the Commission to prepare from time to time a trial calendar for the trial of the next phase of each claim within one year after a decision except where irreparable harm would be done unless longer preparation were allowed, for provisions directing the Commission to prepare, not later than one year after April 10, 1967, a trial calendar setting a date, not later than December 31, 1970, for the trial of each claim pending before the Commission.

Subsec. (b). Pub. L. 92-265, § 3, substituted provisions allowing the Commission to reset trials at the end of the calendar when claimants fail to proceed with the trial on the date set, for provisions making mandatory the dismissal of claims with prejudice when claimants fail to proceed with the trial on the date set but allowing for the grant of continuances.

§ 70v-2. Report each session to Congressional Committees on status of Commission work remaining to be completed.

The Commission shall, on the first day of each session of Congress, submit to the Committees on Interior and Insular Affairs of the Senate and House of Representatives, a report showing the progress made and the work remaining to be completed by the Commission, as well as the status of each remaining case, along with a projected date for its completion. (Aug. 13, 1946, ch. 959, § 28, as added Mar. 30, 1972, Pub. L. 92-265, § 4, 86 Stat. 115.)

Chapter 12.-LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS

§ 415. Leases of restricted lands for public, religious, educational, recreational, residential, business, and other purposes; approval by Secretary.

(a) Any restricted Indian lands, whether tribally or individually owned, may be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, residential, or business purposes, including the development or utilization of natural resources in connection with operations under such leases, for grazing purposes, and for those farming purposes which require the making of a substantial investment in the improvement of the land for the production of specialized crops as determined by said

Secretary. All leases so granted shall be for a term of not to exceed twenty-five years, except leases of land located outside the boundaries of Indian reservations in the State of New Mexico, and leases of land on the Agua Caliente (Palm Springs) Reservation, the Dania Reservation, the Swinomish Indian Reservation, the Southern Ute Reservation, the Fort Mojave Reservation, the Burns Paiute Reservation, the Coeur d'Alene Indian Reservation, the Kalispel Indian Reservation, the pueblo of Cochiti, the pueblo of Projoaque, the pueblo of Tesuque, the pueblo of Zuni, the Hualapai Reservation, the Spokane Reservation, the San Carlos Apache Reservation, Yavapai-Prescott Community Reservation, the Pyramid Lake Reservation, the Gila River Reservation, the Soboba Indian Reservation, the Tulalip Indian Reservation, and the Navajo Reservation which may be for a term of not to exceed ninety-nine years, and except leases of land for grazing purposes which may be for a term of not to exceed ten years. Leases for public, religious, educational, recreational, residential or business purposes (except leases the initial term of which extends for more than seventy-four years) with the consent of both parties may include provisions authorizing their renewal for one additional term of not to exceed twenty-five years, and leases and renewals shall be made under such terms and regulations as may be prescribed by the Secretary of the Interior. Prior to approval of any lease or extension of an existing lease pursuant of this section, the Secretary of the Interior shall first satisfy himself that adequate consideration has been given to the relationship between the use of the leased lands and the use of neighboring lands; the height, quality, and safety of any structures or other facilities to be constructed on such lands; the availability of police and fire protection and other services; the availability of judicial forums for all criminal and civil causes arising on the leased lands; and the effect on the environment of the uses to which the leased lands will be subject.

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(As amended Dec. 15, 1971, Pub. L. 92-182, § 6, 85 Stat. 626; Sept. 26, 1972, Pub. L. 92-431, 86 Stat. 723; Oct. 9, 1972, Pub. L. 92-472, § 7, 86 Stat. 788; Oct. 13, 1972, Pub. L. 92-488, § 4, 86 Stat. 806.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-488 inserted "the Burns Paiute Reservation," following "the Fort Mojave Reservation,".

Pub. L. 92-472 inserted "the Coeur d'Alene Indian Reservation," following "the Fort Mojave Reservation,".

Pub. L. 92-431 added provision excepting leases of land located outside the boundaries of Indian reservations in the State of New Mexico from the twenty-five year time limit.

1971-Subsec. (a). Pub. L. 92-182 inserted "the Kalispel Indian Reservation" following "the Fort Mojave Reservation".

Chapter 14.-MISCELLANEOUS

Sec.

583.

584.

585.

586.

587.

588.

589.

590. 590a.

590b. 590c.

Northwestern Bands of Shoshone Indians; credit of funds [New].

Apportionment of remaining funds; Shoshone

Bannock Tribes of the Fort Hall Reservation and the Shoshone Tribe of the Wind River Reservation [New].

Membership rolls; preparation; eligibility for enrollment; application; finality of determination [New]. Northwestern Band of Shoshone Indians; payment to enrollees; heirs of legatees; trust for minors and persons under legal disability [New]. Shoshone-Bannock Tribes of the Fort Hall Reservation; payment to enrollees; heirs or legatees; trust for minors and persons under legal disability [New].

Shoshone Tribe of the Wind River Reservation; distribution of funds [New].

Tax exemption [New].

Rules and regulations [New].

Shoshone-Bannock Tribes of the Fort Hall Reser

vation; credit of funds [New].

Same; disposition of funds [New].

Same; tax exemption; trusts for minors and persons under legal disability [New].

NAVAJO AND HOPI TRIBES: REHABILITATION 640a. Navajo Community College; purpose. 640b. Same; grants.

640c. Same; authorization of appropriations.

SOUTHERN UTE INDIAN TRIBE OF COLORADO [NEW]
Sale of lands held by the United States.
Use of sale proceeds for purchase of real property
only.

668. 669.

670. Mortgage or deed of trust of lands sold; United State as party to all proceedings.

883.

883a.

INDIANS OF OKLAHOMA

Osage Tribe; disposition of judgment fund [New]. (a) Persons eligible for allotments; excepted

sums.

(b) Education or other socioeconomic programs; advances, expenditures, investments, or reinvestments of excepted sums for financing such programs.

(c) Withdrawal of funds for payment of costs
of carrying out provisions.

Same; payment of allotments [New].
(a) Living original allottees.

(b) Distribution to heirs; heirship determina-
tions; intestate succession; finality of de-
minations and distributions; reversion of
minimal amounts.

(c) Minors and persons under guardianship; rules and regulations.

883b. Same; per capita shares; filing claims; reversion of unclaimed shares [New]. 883c. Same; income tax exemption [New]. 883d. Same; rules and regulations [New].

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SHOSHONE TRIBE; DISTRIBUTION OF JUDGMENT FUND

1125.

1126.

Sec.

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Equal distribution to individuals enrolled [New]. Use of appropriated funds; approval by Secretary on receipt of recommendations from tribal governing body [New].

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JICARILLA APACHE TRIBE: DISTRIBUTION OF JUDGMENT FUND [NEW]

1300b-2.

1300b-3.

1300b-4. 1300b-5.

Disposition of judgment funds; division of funds on basis of tribal membership rolls; net tribal credits.

Per capital shares to tribal members; advances, expenditures, investments or reinvestments for authorized purposes.

Approval of plans for use of money after submission to Congressional committees.

Per capital payments; trusts and other procedures for protection of minors and persons under legal disability.

Tax exemption.

Rules and regulations.

YANKTON SIOUX TRIBE: DISTRIBUTION OF JUDGMENT FUND [NEW]

1300c.

1300c-1.

Distribution of funds; attorney fees and expenses.

Funds for expert witnesses and programing needs.

1300c-2. Membership roll; preparation; tribal constitional requirements.

1300c-3.

1300c-4. 1300c-5.

Per capita distributions to tribal members; advances, expenditures, investments, or reinvestments for authorized purposes; trusts and other procedures for protection of minors and persons under legal disability. Tax exemption.

Rules and regulations.

MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT FUND [NEW]

1300d.

1300d-1.

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Distribution of funds; attorney fees and

expenses.

Lower Council Sioux; membership rolls; applications for enrollment; finality of determinations.

Same; apportionment of funds; deposit in United States Treasury; per capita shares; advances, deposits, expenditures, investments, or reinvestments for approved purposes. Upper Council Sioux; membership rolls; applications for enrollment; finality of determinations.

Same; apportionment of funds; deposit in United States Treasury; per capita shares; advances, deposits, expenditures, investments, or reinvestments for approved purposes; programing proposals; other per capita distributions.

Citizenship requirement.

Election of group for enrollment.

Protection of minors and persons under legal disability.

Income tax exemption.

Rules and regulations.

ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF JUDGMENT FUND [NEW]

1300e.

1300e-1.

1300e-2.

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Disposition of funds; percentage basis for division; attorney fees and expenses.

Per capita shares to members of Assiniboine Tribe of Fort Peck Reservation; deductions; eligibility for payments.

Same; expenditure of withheld funds for certain salaries and expenses; additional per capita distributions.

Per capita shares to members of Assiniboine Tribe of Fort Belknap Reservation; deductions; eligibility for payments.

Same; expenditure of withheld funds for authorized purposes; community projects; additional per capita distributions.

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§ 465. Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax exemption.

PAYSON BAND, YAVAPAI-APACHE INDIAN RESERVATION Pub. L. 92-470, Oct. 6, 1972, 86 Stat. 783, provided: "That (a) a suitable site (of not to exceed eighty-five acres) for a village for the Payson Community of YavapaiApache Indians shall be selected in the Tonto National Forest within Gila County, Arizona, by the leaders of the community, subject to approval by the Secretary of the Interior and the Secretary of Agriculture. The site so selected is hereby declared to be held by the United States in trust as an Indian reservation for the use and benefit of the Payson Community of Yavapai-Apache Indians.

"(b) The Payson Community of Yavapai-Apache Indians shall be recognized as a tribe of Indians within the purview of the Act of June 18, 1934, as amended (25 U.S.C. 461-479, relating to the protection of Indians and conservation of resources), and shall be subject to all of the provisions thereof."

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The funds on deposit in the Treasury of the United States to the credit of the Shoshone Nation or Tribe of Indians and the Shoshone-Bannock Tribes that were appropriated by the Act of June 19, 1968 (82 Stat. 239), to pay a judgment in the sum of $15,700,000 entered by the Indian Claims Commission in consolidated dockets numbered 326-D, 326-E, 326-F, 326-G, 326-H, 366, and 367, and the interest thereon, after deducting attorneys' fees, litigation expenses, and other appropriation deductions, shall be apportioned by the Secretary of the Interior to the Shoshone Tribe of the Wind River Reservation, Wyoming, the Shoshone-Bannock Tribes of the Fort Hall Reservation, Idaho, and the Northwest Band of Shoshone Indians (hereinafter the "three

groups"), as set forth in sections 581 to 590 of this title. (Pub. L. 92–206, § 1, Dec. 18, 1971, 85 Stat. 737.)

REFERENCES IN TEXT

Act of June 19, 1968 (82 Stat. 239), referred to in text, is Pub. L. 90-352, which provided for supplemental appropriation for fiscal year ending June 30, 1968, and was not classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 585, 586, 589, 590 of this title.

§ 582. Shoshone-Bannock Tribes of the Fort Hall Reservation; credit of funds.

The sum of $500,000, and the interest thereon, less attorneys' fees and other appropriate deductions all in the proportion that the $500,000 bears to the $15,700,000, shall be credited to the ShoshoneBannock Tribes of the Fort Hall Reservation for claims of the tribes enumerated in dockets numbered 326-D, 326-E, 326-F, 326-G, and 366. (Pub. L. 92-206, § 2, Dec. 18, 1971, 85 Stat. 737.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 581, 585, 586, 589, 590 of this title.

§ 583. Northwestern Bands of Shoshone Indians; credit of funds.

The sum of $1,375,000 plus the earned interest thereon less $181,732 shall be credited to the Northwestern Bands of Shoshone Indians for claims of the bands enumerated in dockets numbered 326-H, and 367. (Pub. L. 92-206, § 3, Dec. 18, 1971, 85 Stat. 737.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 581, 585, 586, 589, 590 of this title.

§ 584. Apportionment of remaining funds; ShoshoneBannock Tribes of the Fort Hall Reservation and the Shoshone Tribe of the Wind River Reservation. The remainder of the award shall be apportioned between the Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone Tribe of the Wind River Reservation in accordance with an agreement entered into between the ShoshoneBannock Tribes and the Shoshone Tribe of the Wind River Reservation in May 1965, approved by the Associate Commissioner of Indian Affairs in December 1965. (Pub. L. 92-206, § 4, Dec. 18, 1971, 85 Stat. 737.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 581, 585, 586, 589, 590 of this title.

§ 585. Membership rolls; preparation; eligibility for enrollment; application; finality of determination. For the purpose of apportioning the award in accordance with sections 581 to 590 of this title, membership rolls, duly approved by the Secretary of the Interior, shall be prepared for each of the three groups, as follows:

(a) The governing body of the Shoshone Tribe of the Wind River Reservation and the governing body of the Shoshone-Bannock Tribes, each shall, with the assistance of the Secretary, bring current the membership rolls of their respective tribes, to include all persons born prior to and alive on December 18, 1971, who are enrolled or eligible to be enrolled in accordance with the membership requirements of their respective tribes.

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