25 Usc 13

25 USC 13.pdf

Bureau of Indian Affairs Housing Improvement Program, 25 CFR 256

25 USC 13

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§ 13

TITLE 25—INDIANS
TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 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
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
INDIAN AGENTS
The services of Indian agents have been dispensed
with. See note set out under section 64 of this title.

§ 13. Expenditure of appropriations by Bureau
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 motorpropelled passenger-carrying vehicles for official
use.
And for general and incidental expenses in
connection with the administration of Indian affairs.
Notwithstanding any other provision of this
section or any other law, postsecondary schools
administered by the Secretary of the Interior
for Indians, and which meet the definition of an
‘‘institution of higher education’’ under section
101 of the Higher Education Act of 1965 [20 U.S.C.
1001], shall be eligible to participate in and receive appropriated funds under any program authorized by the Higher Education Act of 1965 [20
U.S.C. 1001 et seq.] or any other applicable program for the benefit of institutions of higher
education, community colleges, or postsecondary educational institutions.
(Nov. 2, 1921, ch. 115, 42 Stat. 208; Pub. L. 94–482,
title IV, § 410, Oct. 12, 1976, 90 Stat. 2233; Pub. L.
105–244, title I, § 102(a)(8)(A), Oct. 7, 1998, 112
Stat. 1619.)
REFERENCES IN TEXT
The Higher Education Act of 1965, referred to in text,
is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, as amended,
which is classified principally to chapter 28 (§ 1001 et
seq.) of Title 20, Education. For complete classification
of this Act to the Code, see Short Title note set out
under section 1001 of Title 20 and Tables.
AMENDMENTS
1998—Pub. L. 105–244, which directed substitution of
‘‘101’’ for ‘‘1201’’ in the last paragraph of ‘‘section 410 of
the Act entitled ‘An Act authorizing appropriations
and expenditures for the administration of Indian Affairs, and for other purposes’, approved November 2,
1921 (25 U.S.C. 13) (commonly known as the Snyder
Act)’’, was executed to last paragraph of this section,
which is the act of Nov. 2, 1921, ch. 115, commonly
known as the Snyder Act, to reflect the probable intent
of Congress. This section was amended by section 410 of
Pub. L. 94–482 to add the last paragraph.
1976—Pub. L. 94–482 inserted provisions relating to
postsecondary schools administered by the Secretary of
the Interior for Indians.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–244 effective Oct. 1, 1998,
except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section
1001 of Title 20, Education.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–482 effective 30 days after
Oct. 12, 1976, except either as specifically otherwise pro-

§ 13–1

TITLE 25—INDIANS

vided or, if not so specifically otherwise provided, effective July 1, 1976, for those amendments providing for
authorization of appropriations, see section 532 of Pub.
L. 94–482, set out as a note under section 1001 of Title
20, Education.
SHORT TITLE
Act Nov. 2, 1921, which enacted this section, is popularly known as the ‘‘Snyder Act’’.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
AVAILABILITY OF HOUSING IMPROVEMENT PROGRAM
GRANT REPAYMENTS FOR PROGRAM OBLIGATIONS
Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 714, provided: ‘‘That hereafter, notwithstanding any other provision of law, amounts collected from grantees by the
Secretary as grant repayments required under the Secretary’s regulations for the Housing Improvement Program shall be credited in the year collected and shall
be available for obligation under the terms and conditions applicable to the Program under that year’s appropriation’’.
ALTERNATIVE METHODS FOR EQUITABLE DISTRIBUTION
OF SUPPLEMENTAL PROGRAM FUNDS; DEVELOPMENT,
PUBLICATION, ETC., OF FORMULA
Pub. L. 95–561, title XI, § 1102, Nov. 1, 1978, 92 Stat.
2316, provided that:
‘‘(a) The Secretary of the Interior shall develop alternative methods for the equitable distribution of any
supplement program funds provided, pursuant to an appropriation under the Act of November 2, 1921, commonly referred to as the Snyder Act [this section], for
contracting under the Act of April 16, 1934, commonly
referred to as the Johnson-O’Malley Act [sections 452 to
457 of this title], and shall publish in the Federal Register by March 1, 1979, such alternatives for the purpose
of allowing eligible tribes to comment by May 1, 1979.
At that time, the Secretary shall conduct a field survey
listing all alternative formula.
‘‘(b) By July 1, 1979, the Secretary shall establish and
publish the formula in the Federal Register which the
majority of such tribes determine, but vote certified to
the Secretary, to be most equitable and shall use such
formula for purposes of distribution of the funds appropriated pursuant to such Act beginning on or after October 1, 1979. The Secretary shall, in accordance with
procedures consistent with that prescribed herein, revise such formula periodically as necessary’’.

lic schools educating Indian students and whose
total sum of Federal, State, and local funds is
insufficient to bring the education of the enrolled Indian students to a level equal to the
level of education provided non-Indian students
in the public schools in which they are enrolled
where the absence of such support would result
in the closing of schools or the reduction in
quality of the education program afforded Indian students attending public schools.
(Pub. L. 95–561, title XI, § 1103(b), Nov. 1, 1978, 92
Stat. 2316.)
REFERENCES IN TEXT
Act of April 16, 1934, referred to in text, is act Apr. 16,
1934, ch. 147, 48 Stat. 596, as amended, popularly known
as the Johnson-O’Malley Act, which is classified generally to section 452 et seq. of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 452 of this title and Tables.
EFFECTIVE DATE
Section effective Oct. 1, 1978, see section 1530(a) of
Pub. L. 95–561, set out as an Effective Date of 1978
Amendment note under section 1221e–3 of Title 20, Education.

§ 13a. Carryover funding
Notwithstanding any other provision of law,
any funds appropriated pursuant to section 13 of
this title, for any fiscal year which are not obligated or expended prior to the beginning of the
fiscal year succeeding the fiscal year for which
such funds were appropriated shall remain available for obligation or expenditures during such
succeeding fiscal year. In the case of amounts
made available to a tribal organization under a
self-determination contract, if the funds are to
be expended in the succeeding fiscal year for the
purpose for which they were originally appropriated, contracted or granted, or for which they
are authorized to be used pursuant to the provisions of section 450j–1(a)(3) 1 of this title, no additional justification or documentation of such
purposes need be provided by the tribal organization to the Secretary as a condition of receiving or expending such funds.
(Pub. L. 93–638, § 8, Jan. 4, 1975, 88 Stat. 2206; Pub.
L. 100–472, title I, § 105, Oct. 5, 1988, 102 Stat.
2287.)

PAYMENTS FOR BASIC EDUCATIONAL SUPPORT GRANTS
OR CONTRACTS; AUTHORIZATION; TIME
Pub. L. 95–561, title XI, § 1103(a), Nov. 1, 1978, 92 Stat.
2316, as amended by Pub. L. 96–46, § 2(b)(1), Aug. 6, 1979,
93 Stat. 341, provided that payments for basic educational support grants or contracts for fiscal year
1978, including any fiscal year 1978 funds subsequently
obligated in fiscal year 1979, were to be made under the
authority of act Apr. 16, 1934, and set forth conditions,
time, etc., for payments.

§ 13–1. Authorization of appropriations for funds
for basic educational support through parent
committees
Such sums as are needed under section 13 of
this title are authorized to be appropriated to
provide funds for basic educational support
through parent committees under the Act of
April 16, 1934 [25 U.S.C. 452 et seq.], to those pub-

Page 6

REFERENCES IN TEXT
Section 450j–1(a)(3) of this title, referred to in text,
was repealed and a new subsec. (a)(3) of section 450j–1
was added by Pub. L. 103–413, title I, § 102(14)(C), Oct. 25,
1994, 108 Stat. 4257. See section 450j–1(a)(4) of this title.
AMENDMENTS
1988—Pub. L. 100–472 amended section generally. Prior
to amendment, section read as follows: ‘‘The provisions
of any other laws to the contrary notwithstanding, any
funds appropriated pursuant to section 13 of this title,
for any fiscal year which are not obligated and expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year.’’
1 See

References in Text note below.


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