25 U.s.c. 2, 9, 13

Page 9
DISPOSITION TABLE—CONTINUED

Sec.

14a.
Former Classification
25:1779 .....................................
25:1779 note (Pub. L. 107–331,
title VI, § 601, Dec. 13, 2002,
116 Stat. 2845).
25:1779a ...................................
25:1779b ...................................
25:1779c ....................................
25:1779d ...................................
25:1779e ....................................
25:1779f ....................................
25:1779g ...................................
25:1780 .....................................
25:1780 note (Pub. L. 109–286,
§ 1, Sept. 27, 2006, 120 Stat.
1218).
25:1780a ...................................
25:1780b ...................................
25:1780c ....................................
25:1780d ...................................
25:1780e ....................................
25:1780f ....................................
25:1780g ...................................
25:1780h ...................................
25:1780i ....................................
25:1780j ....................................
25:1780k ...................................
25:1780l ....................................
25:1780m ..................................
25:1780n ...................................
25:1780o ....................................
25:1780p ...................................

New Classification or Disposition
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted
omitted

CHAPTER 1—BUREAU OF INDIAN AFFAIRS
Sec.

1.
1a.
2.
2a.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
13–1.

13a.
13b.

13c.
13d.
13d–1.

13d–2.
13d–3.
13e.

13f.
14.

§ 1a

TITLE 25—INDIANS

Commissioner of Indian Affairs.
Delegation of powers and duties by Secretary
of the Interior and Commissioner of Indian
Affairs.
Duties of Commissioner.
Assistant or deputy commissioners; appointment; powers and duties.
Compilation of statutes regulating duties of
Indian agents and inspectors.
Defective record of deeds and papers legalized.
Record of deeds by Indians requiring approval.
Seal; authenticated and certified documents;
evidence.
Fees for furnishing certified copies of records.
Accounts for claims and disbursements.
Regulations by President.
Employee to sign letters.
Employee or employees to sign approval of
tribal deeds.
Agent to negotiate commutation of annuities.
Expenditure of appropriations by Bureau.
Authorization of appropriations for funds for
basic educational support through parent
committees.
Carryover funding.
Payment of care, tuition, assistance, and
other expenses of Indians in boarding
homes, institutions, and schools; payment
of rewards.
Source of funds to pay cost of lunches for
nonboarding public school students.
Limits on use of appropriated funds by Bureau for general or other welfare assistance.
Standards of need as basis for general assistance payments by Bureau of Indian Affairs;
ratable reductions.
Enrollment and general assistance payments.
Tribal authority to change eligibility for, or
amount of, general assistance payments.
Expenses of exhibits; advance payments for
services; termination of Federal supervision; treaty expenses.
Tribal priority allocations in Alaska.
Money accruing to Indians from Department
of Veterans Affairs or other governmental
agencies.

14b.

15.

16.
17.

Deposit of grant funds received by Bureau
from other Federal agencies.
Disposition of funds received from public for
goods and services provided by Bureau of
Indian Affairs.
Utility facilities used in administration of
Bureau; contracts for sale, operation, maintenance, repair or relocation of facilities;
terms and conditions; exception; Congressional approval.
Transportation of Indians in Bureau vehicles.
Use of Bureau facilities.
Statutory Notes and Related Subsidiaries

NATIONAL COUNCIL ON INDIAN OPPORTUNITY;
APPROPRIATIONS AUTHORIZATION; TERMINATION DATE
Pub. L. 91–125, Nov. 26, 1969, 83 Stat. 220, provided for
annual appropriations of $300,000 and a termination
date of Nov. 26, 1974 for the National Council on Indian
Opportunity which was established by Ex. Ord. 11399.
Executive Documents
EXECUTIVE ORDER NO. 11399
Ex. Ord. No. 11399, Mar. 6, 1968, 33 F.R. 4245, as amended by Ex. Ord. 11551, Aug. 11, 1970, 35 F.R. 12885; Ex. Ord.
No. 11688, Dec. 1, 1972, 37 F.R. 25815, established the National Council on Indian Opportunity and provided for
the functions, compensation, assistance, and meetings
with respect to the Council.

§ 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.)
Editorial Notes
CODIFICATION
R.S. § 462 derived from act July 9, 1832, ch. 174, § 1, 4
Stat. 564.
Provisions of this section relating to compensation of
the Commissioner were omitted as obsolete. The position is in level V of the Executive Schedule under section 5316 of Title 5, Government Organization and Employees.
Executive Documents
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.

§ 1a. Delegation of powers and duties by Secretary of the 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

§2

TITLE 25—INDIANS

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 Deputy 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; Pub. L. 101–509,
title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104
Stat. 1427, 1454.)
Editorial Notes
AMENDMENTS
1990—Pub. L. 101–509 substituted ‘‘Deputy Secretary’’
for ‘‘Under Secretary’’ before ‘‘or to an Assistant Secretary’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–509 effective on first day
of first pay period beginning on or after Nov. 5, 1990,
with continued service by incumbent Under Secretary
of the Interior, see section 529 [title I, § 112(e)(1), (2)(B)]
of Pub. L. 101–509, set out as a note under section 3404
of Title 20, Education.
ASSISTANT COMMISSIONERS
An assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, § 1, 38 Stat. 490.
Executive Documents
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.

§ 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.

Page 10

(R.S. § 463.)
Editorial Notes
CODIFICATION
R.S. § 463 derived from acts July 9, 1832, ch. 174, § 1, 4
Stat. 564; July 27, 1868, ch. 259, § 1, 15 Stat. 228.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
All supervisory and appellate powers and duties in regard to Indian affairs theretofore vested in Secretary of
the Treasury were thereafter to be exercised and performed by Secretary of the Interior under provisions of
section 1 of act July 27, 1868, ch. 259, 15 Stat. 228.
Appointment by President of a Commissioner of Indian Affairs to act under direction of Secretary of War
was provided for by section 1 of act July 9, 1832, ch. 174,
4 Stat. 564.
Executive Documents
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.

§ 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 chapter 51 and subchapter III of chapter 53
of title 5. Appointments to these positions shall
be considered as made under the authority of
section 3101 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 for 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; 1946 Reorg.
Plan No. 3, § 403(d), eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100; Oct. 28, 1949, ch. 782, title XI,
§ 1106(a), 63 Stat. 972.)
Editorial Notes
CODIFICATION
‘‘Chapter 51 and subchapter III of chapter 53 of title
5’’ and ‘‘section 3101 of title 5’’ substituted in text for
‘‘the Classification Act of 1949, as amended’’ and ‘‘section 169 of the Revised Statutes, as amended (5 U.S.C.,
sec. 43)’’, respectively, on authority of Pub. L. 89–554,
§ 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5, Government Organization and
Employees.
Section embodies only those provisions of section 1 of
act June 5, 1942, which relate to the Bureau of Indian
Affairs. Provisions of section 1 of such act relating to
the General Land Office were classified to section 3a of
Title 43, Public Lands, and were omitted from the Code
pursuant to Reorg. Plan No. 3 of 1946.

Page 11

§6

TITLE 25—INDIANS
AMENDMENTS

1949—Act Oct. 28, 1949, substituted ‘‘Classification Act
of 1949’’ for ‘‘Classification Act of 1923’’.
Statutory Notes and Related Subsidiaries
REPEALS
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub.
L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
REPEAL OF INCONSISTENT LAWS
Act June 5, 1942, ch. 336, § 2, 56 Stat. 312, provided
that: ‘‘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.
Executive Documents
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.

§ 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.)
Editorial Notes
CODIFICATION
Section is from the Indian Appropriation Act, 1883.
Statutory Notes and Related Subsidiaries
INDIAN AGENTS
There have been no Indian agents since 1908. See note
under section 64 of this title.
Executive Documents
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.

titled 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.)
Executive Documents
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.

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

§ 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.)
Executive Documents

§ 4. Defective record of deeds and papers legalized

TRANSFER OF FUNCTIONS

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 en-

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.

§7
§ 7.

TITLE 25—INDIANS
Fees for
records

furnishing

certified

copies

of

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.
(July 26, 1892, ch. 256, § 4, 27 Stat. 273; Pub. L.
92–310, title II, § 229(b), June 6, 1972, 86 Stat. 208.)
Editorial Notes
AMENDMENTS
1972—Pub. L. 92–310 struck out provisions which required the receiving clerk to give a bond in the sum of
$1,000.
Executive Documents
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.

§ 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
Government Accountability Office for settlement.
(R.S. § 464; June 10, 1921, ch. 18, title III, § 304, 42
Stat. 24; Pub. L. 108–271, § 8(b), July 7, 2004, 118
Stat. 814.)
Editorial Notes
CODIFICATION
R.S. § 464 derived from act July 9, 1832, ch. 174, § 3, 4
Stat. 564.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
‘‘Government Accountability Office’’ substituted in
text for ‘‘General Accounting Office’’ pursuant to section 8(b) of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance, which redesig-

Page 12

nated the General Accounting Office and any references
thereto as the Government Accountability Office. Previously, ‘‘General Accounting Office’’ substituted in
text for ‘‘proper accounting officer of the Department
of the Treasury’’ pursuant to act June 10, 1921, which
transferred all powers and duties of the Comptroller,
six auditors, and certain other employees of the Treasury to the General Accounting Office. See section 701 et
seq. of Title 31.
Executive Documents
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.

§ 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.)
Editorial Notes
CODIFICATION
R.S. § 465 derived from 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.)
Editorial Notes
CODIFICATION
Section is from the Indian Department Appropriation
Act, 1910.
Executive Documents
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

Page 13

§ 13

TITLE 25—INDIANS

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.)
Executive Documents
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.)
Statutory Notes and Related Subsidiaries
INDIAN AGENTS
The services of Indian agents have been dispensed
with. See note set out under section 64 of this title.

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.)
Editorial Notes
REFERENCES IN TEXT
The Higher Education Act of 1965, referred to in text,
is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is
classified generally 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

Executive Documents
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.

§ 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,

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.
Statutory Notes and Related Subsidiaries
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 provided 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’’.

§ 13–1

TITLE 25—INDIANS

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 [25 U.S.C. 13], for
contracting under the Act of April 16, 1934, commonly
referred to as the Johnson-O’Malley Act [25 U.S.C. 5342
et seq.], 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’’.
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.
Executive Documents

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.)
Editorial Notes
REFERENCES IN TEXT
Act of April 16, 1934, referred to in text, is act Apr. 16,
1934, ch. 147, 48 Stat. 596, popularly known as the Johnson-O’Malley Act, which is classified generally to section 5342 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 5301 of this title and Tables.
Statutory Notes and Related Subsidiaries
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 5325(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.)
Editorial Notes

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.

§ 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. 5342 et seq.], to those
public 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

Page 14

REFERENCES IN TEXT
Section 5325(a)(3) of this title, referred to in text, was
repealed and a new subsec. (a)(3) of section 5325 was
added by Pub. L. 103–413, title I, § 102(14)(C), Oct. 25,
1994, 108 Stat. 4257. See section 5325(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.’’

§ 13b. Payment of care, tuition, assistance, and
other expenses of Indians in boarding homes,
institutions, and schools; payment of rewards
On and after October 12, 1984, funds appropriated under this or any other Act for the Bu1 See

References in Text note below.

Page 15

§ 13d–1

TITLE 25—INDIANS

reau of Indian Affairs may be used for the payment in advance or from date or admission of
care, tuition, assistance, and other expenses of
Indians in boarding homes, institutions, or
schools; and the payment of rewards for information or evidence concerning violations of law
on Indian reservation lands or treaty fishing
rights use areas.
(Pub. L. 98–473, title I, § 101(c) [title I, § 100], Oct.
12, 1984, 98 Stat. 1837, 1848.)
§ 13c. Source of funds to pay cost of lunches for
nonboarding public school students
On and after October 12, 1984, any cost of providing lunches to nonboarding students in public
schools from funds appropriated under this or
any other Act for the Bureau of Indian Affairs
shall be paid from the amount of such funds otherwise allocated for the schools involved without regard to the cost of providing lunches for
such students.

§ 13d–1. Standards of need as basis for general
assistance payments by Bureau of Indian Affairs; ratable reductions
General assistance payments made by the Bureau of Indian Affairs shall be made—
(1) after April 29, 1985, and before October 1,
1995, on the basis of Aid to Families with Dependent Children (AFDC) standards of need;
and
(2) on and after October 1, 1995, on the basis
of standards of need established under the
State program funded under part A of title IV
of the Social Security Act [42 U.S.C. 601 et
seq.],
except that where a State ratably reduces its
AFDC or State program payments, the Bureau
shall reduce general assistance payments in
such State by the same percentage as the State
has reduced the AFDC or State program payment.

(Pub. L. 98–473, title I, § 101(c) [title I, § 100], Oct.
12, 1984, 98 Stat. 1837, 1848.)

(Pub. L. 99–88, title I, § 100, Aug. 15, 1985, 99 Stat.
338; Pub. L. 104–193, title I, § 110(k), Aug. 22, 1996,
110 Stat. 2172.)

§ 13d. Limits on use of appropriated funds by Bureau for general or other welfare assistance

Editorial Notes

After September 30, 1985, no part of any appropriation (except trust funds) to the Bureau of Indian Affairs may be used directly or by contract
for general or other welfare assistance (except
child welfare assistance) payments (1) for other
than essential needs (specifically identified in
regulations of the Secretary or in regulations of
the State public welfare agency pursuant to the
Social Security Act [42 U.S.C. 301 et seq.] adopted by reference in the Secretary’s regulations)
which could not be reasonably expected to be
met from financial resources or income (including funds held in trust) available to the recipient individual which are not exempted under
law from consideration in determining eligibility for or the amount of Federal financial assistance or (2) for individuals who are eligible
for general public welfare assistance available
from a State except to the extent the Secretary
of the Interior determines that such payments
are required under sections 6(b)(2), 6(i), and 9(b)
of the Maine Indian Claims Settlement Act of
1980 (94 Stat. 1793, 1794, 1796; 25 U.S.C. 1725(b)(2),
1725(i), 1728(b)).1
(Pub. L. 98–473, title I, § 101(c) [title I, § 100], Oct.
12, 1984, 98 Stat. 1837, 1848.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in text, is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified
generally to chapter 7 (§ 301 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see section 1305 of Title 42 and
Tables.
Sections 6(b)(2), 6(i), and 9(b) of the Maine Indian
Claims Settlement Act of 1980, referred to in text, are
sections 6(b)(2), (i) and 9(b) of Pub. L. 96–420, which were
classified to sections 1725(b)(2), (i) and 1728(b) of this
title prior to omission from the Code as being of special
and not general application.
1 See

References in Text note below.

REFERENCES IN TEXT
The Social Security Act, referred to in par. (2), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of
the Act is classified generally to part A (§ 601 et seq.) of
subchapter IV of chapter 7 of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see section 1305 of Title 42 and Tables.
AMENDMENTS
1996—Pub. L. 104–193, § 110(k), which directed the general amendment of the ‘‘4th proviso of chapter VII of
title I of Public Law 99–88 (25 U.S.C. 13d–1)’’, was executed by amending this section, which is the 4th proviso under heading ‘‘BUREAU OF INDIAN AFFAIRS’’ of
chapter VII of title I of Pub. L. 99–88, to reflect the
probable intent of Congress. Prior to amendment, this
section read as follows: ‘‘General assistance payments
made by the Bureau of Indian Affairs after April 29,
1985, shall be made on the basis of Aid to Families with
Dependent Children (AFDC) standards of need except
where a State ratably reduces AFDC payments in
which event the Bureau shall reduce general assistance
payments in such State by the same percentage as the
State has reduced the AFDC payment.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–193 effective July 1, 1997,
with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and
proceedings commenced before such date, rules relating
to closing out of accounts for terminated or substantially modified programs and continuance in office of
Assistant Secretary for Family Support, and provisions
relating to termination of entitlement under AFDC
program, see section 116 of Pub. L. 104–193, as amended,
set out as an Effective Date note under section 601 of
Title 42, The Public Health and Welfare.
MAXIMUM ALLOWABLE PAYMENTS
Pub. L. 99–349, title I, July 2, 1986, 100 Stat. 732, provided in part: ‘‘That the levels established for general
assistance by Public Law 99–88 (99 Stat. 388) [probably
means Pub. L. 99–88, 99 Stat. 338, which enacted this
section], are the maximum allowable payments.’’

§ 13d–2

TITLE 25—INDIANS

§ 13d–2. Enrollment and general assistance payments
(a) In general
The Secretary of the Interior shall not disqualify from continued receipt of general assistance payments from the Bureau of Indian Affairs an otherwise eligible Indian for whom the
Bureau is making or may make general assistance payments (or exclude such an individual
from continued consideration in determining
the amount of general assistance payments for a
household) because the individual is enrolled
(and is making satisfactory progress toward
completion of a program or training that can
reasonably be expected to lead to gainful employment) for at least half-time study or training in—
(1) a college assisted by the Bureau under
the Tribally Controlled Colleges and Universities Assistance Act of 1978 (92 Stat. 1325; 25
U.S.C. 1801) or the Navajo Community College
Act (85 Stat. 645; 25 U.S.C. 640a); 1
(2) an institution of higher education or a
vocational school (as defined for purposes of
any program of assistance to students under
the Higher Education Act of 1965 [20 U.S.C.
1001 et seq.]);
(3) a course the Secretary determines will
lead to a high school diploma or an equivalent
certificate; or
(4) other programs or training approved by
the Secretary or by tribal education, employment or training programs.
(b) Factors not to be considered
In determining the amount of general assistance provided by the Bureau of Indian Affairs,
the Secretary of the Interior shall not include
consideration of—
(1) additional expenses in connection with
the study or training described in subsection
(a), and
(2) the amount of any financial assistance
received by the individual as a student or
trainee.
(c) No effect on other eligibility requirements
This section does not alter any eligibility requirement for general assistance from the Bureau of Indian Affairs other than the requirement to be available for employment and to
seek employment.
(Pub. L. 100–297, title V, § 5404, Apr. 28, 1988, 102
Stat. 416; Pub. L. 105–244, title IX, § 901(d), Oct. 7,
1998, 112 Stat. 1828; Pub. L. 107–110, title X, § 1045,
Jan. 8, 2002, 115 Stat. 2080; Pub. L. 110–315, title
IX, § 941(k)(2)(G), Aug. 14, 2008, 122 Stat. 3466.)
Editorial Notes
REFERENCES IN TEXT
The Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in subsec. (a)(1), is Pub.
L. 95–471, Oct. 17, 1978, 92 Stat. 1325, which is classified
principally to chapter 20 (§ 1801 et seq.) of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 1801 of this title
and Tables.
The Navajo Community College Act, referred to in
subsec. (a)(1), is Pub. L. 92–189, Dec. 15, 1971, 85 Stat.
1 See

References in Text note below.

Page 16

646, which was classified to section 640a et seq. of this
title, and was omitted from the Code as being of special
and not general application.
The Higher Education Act of 1965, referred to in subsec. (a)(2), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219,
which is classified generally 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
2008—Subsec. (a)(1). Pub. L. 110–315 substituted ‘‘the
Tribally Controlled Colleges and Universities Assistance Act of 1978’’ for ‘‘the Tribally Controlled College
or University Assistance Act of 1978’’.
2002—Subsec. (a). Pub. L. 107–110, § 1045(1), added subsec. heading and introductory provisions and struck
out former subsec. heading and introductory provisions. Former introductory provisions read as follows:
‘‘The Secretary of the Interior shall not disqualify from
continued receipt of general assistance payments from
the Bureau of Indian Affairs an otherwise eligible Indian for whom the Bureau has been making general assistance payments for at least 3 months (or exclude
such an individual from continued consideration in determining the amount of general assistance payments
for a household) because the individual is enrolled (and
is making satisfactory progress toward completion of a
program or training that can reasonably be expected to
lead to gainful employment) for at least half-time
study or training in—’’.
Subsec. (a)(4). Pub. L. 107–110, § 1045(2), added par. (4)
and struck out former par. (4) which read as follows:
‘‘other programs or training approved by the Secretary.’’
1998—Subsec. (a)(1). Pub. L. 105–244 substituted ‘‘Tribally Controlled College or University Assistance Act of
1978’’ for ‘‘Tribally Controlled Community College Assistance Act of 1978’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
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
For effective date and applicability of section, see
section 6303 of Pub. L. 100–297, set out as an Effective
Date of 1988 Amendment note under section 1071 of
Title 20, Education.

§ 13d–3. Tribal authority to change eligibility for,
or amount of, general assistance payments
On and after October 21, 1998, notwithstanding
any other provision of law, Indian tribal governments may, by appropriate changes in eligibility
criteria or by other means, change eligibility for
general assistance or change the amount of general assistance payments for individuals within
the service area of such tribe who are otherwise
deemed eligible for general assistance payments
so long as such changes are applied in a consistent manner to individuals similarly situated
and, that any savings realized by such changes
shall be available for use in meeting other priorities of the tribes and, that any net increase in

Page 17

costs to the Federal Government which result
solely from tribally increased payment levels
for general assistance shall be met exclusively
from funds available to the tribe from within its
tribal priority allocation.
(Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21,
1998, 112 Stat. 2681–231, 2681–246.)
Statutory Notes and Related Subsidiaries
SIMILAR PROVISIONS
Similar provisions were contained in the following
prior appropriations acts:
Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1555.
Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept.
30, 1996, 110 Stat. 3009–181, 3009–193.
Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996,
110 Stat. 1321–156, 1321–170; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2512.
Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1392.
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1389.

§ 13e. Expenses of exhibits; advance payments for
services; termination of Federal supervision;
treaty expenses
On and after October 12, 1984, such appropriations [appropriations for the Bureau of Indian
Affairs (except the revolving fund for loans and
the Indian loan guarantee and insurance fund)]
under this or any other act shall be available
for: the expenses of exhibits; advance payments
for services (including services which may extend beyond the current fiscal year) under contracts executed pursuant to the Act of June 4,
1936 (48 Stat. 596), as amended (25 U.S.C. 452 et
seq.),1 the Act of August 3, 1956 (70 Stat. 896), as
amended (25 U.S.C. 309 et seq.), and legislation
terminating Federal supervision over certain
tribes; and expenses required by continuing or
permanent treaty provision.
(Pub. L. 98–473, title I, § 101(c) [title I, § 100], Oct.
12, 1984, 98 Stat. 1837, 1850.)
Editorial Notes
REFERENCES IN TEXT
Act of June 4, 1936, referred to in text, probably
means act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended
generally by act June 4, 1936, ch. 490, 49 Stat. 1458,
known as the Johnson-O’Malley Act, which was classified generally to section 452 et seq. of this title prior to
editorial reclassification as section 5342 et seq. of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 5301 of
this title and Tables.
Act of August 3, 1956, referred to in text, probably
means act Aug. 3, 1956, ch. 930, 70 Stat. 986, which is
classified generally to section 309 et seq. of this title.
For complete classification of this Act to the Code, see
Tables.

§ 13f. Tribal priority allocations in Alaska
(a) Notwithstanding any other provision of
law, with respect to amounts made available for
tribal priority allocations in Alaska, such
amounts on and after October 11, 2000, shall only
be provided to tribes the membership of which
on June 1 of the preceding fiscal year is composed of at least 25 individuals who are Natives

(as such term is defined in section 1602(b) of title
43) who reside in the area generally known as
the village for such tribe.
(b) Amounts that would have been made available for tribal priority allocations in Alaska but
for the limitation contained in subsection (a)
shall be provided to the respective Alaska Native regional nonprofit corporation (as listed in
section 103(a)(2) of Public Law 104–193,1 110 Stat.
2159) for the respective region in which a tribe
subject to subsection (a) is located, notwithstanding any resolution authorized under federal 2 law to the contrary.
(Pub. L. 106–291, title I, § 122, Oct. 11, 2000, 114
Stat. 944; Pub. L. 107–20, title II, § 2608, July 24,
2001, 115 Stat. 178.)
Editorial Notes
REFERENCES IN TEXT
Section 103(a)(2) of Public Law 104–193, 110 Stat. 2159,
referred to in subsec. (b), enacted section 419 of act
Aug. 14, 1935, ch. 531, which is classified to section 619
of Title 42, The Public Health and Welfare, and contains a listing of Alaska Native regional nonprofit corporations.
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–20 inserted ‘‘on and after
October 11, 2000,’’ after ‘‘such amounts’’ and substituted
‘‘June 1 of the preceding fiscal year’’ for ‘‘June 1, 2000’’.

§ 14. Money accruing to Indians from Department of Veterans Affairs or other governmental agencies
Any money accruing from the Department of
Veterans Affairs 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 Secretary 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; Pub. L. 102–54,
§ 13(j)(1), June 13, 1991, 105 Stat. 276.)
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–54 substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Administration’’ and
‘‘Secretary of Veterans Affairs’’ for ‘‘Administrator of
Veterans’ Affairs’’.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer1 See

1 See

§ 14

TITLE 25—INDIANS

References in Text note below.

2 So

References in Text note below.
in original. Probably should be capitalized.

§ 14a

TITLE 25—INDIANS

tain 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.

§ 14a. Deposit of grant funds received by Bureau
from other Federal agencies
On and after October 12, 1984, moneys received
by grant to the Bureau of Indian Affairs from
other Federal agencies to carry out various programs for elementary and secondary education,
handicapped programs, bilingual education, and
other specific programs shall be deposited into
the appropriation account available for the operation of Bureau schools during the period covered by the grant and shall remain available as
otherwise provided by law.
(Pub. L. 98–473, title I, § 101(c) [title I, § 100], Oct.
12, 1984, 98 Stat. 1837, 1848.)
§ 14b. Disposition of funds received from public
for goods and services provided by Bureau of
Indian Affairs
The Secretary of the Interior is authorized to
retain collections from the public in payment
for goods and services provided by the Bureau of
Indian Affairs. Such collections shall be credited
to the appropriation account against which obligations were incurred in providing such goods
and services.
(Pub. L. 101–301, § 10, May 24, 1990, 104 Stat. 211.)
§ 15. Utility facilities used in administration of
Bureau; 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 Governmentowned 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 Committee on Energy
and Natural Resources of the Senate and the
Committee on Natural Resources of 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; Pub.
L. 103–437, § 10(a), Nov. 2, 1994, 108 Stat. 4588.)
Editorial Notes
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ for ‘‘Committees on Interior and Insular Affairs
of the Senate and the House of Representatives’’.

Page 18

§ 16. Transportation of Indians in Bureau vehicles
On and after October 12, 1984, passenger carrying motor vehicles of the Bureau of Indian Affairs may be used for the transportation of Indians.
(Pub. L. 98–473, title I, § 101(c) [title I, § 100], Oct.
12, 1984, 98 Stat. 1837, 1850.)
§ 17. Use of Bureau facilities
(a) In general
The Secretary of the Interior may permit tribal governments and organizations and student
organizations to use Bureau of Indian Affairs
equipment, land, buildings, and other structures
if such use does not interfere with the purpose
for which they are administered by the Bureau
and when such use benefits Indians or Federal or
federally funded programs. The Secretary may
charge the user for the cost of the utilities and
other expenses incurred for the use. The
amounts collected shall be credited to the appropriation or fund from which the expenses are
paid and shall be available until the end of the
fiscal year following the fiscal year in which collected. The Secretary’s decision to not permit a
use under this section is final and shall not be
subject to judicial review.
(b) Scope of authority
The authority provided by this section is in
addition to, and not in derogation of, any other
authority available to the Secretary of the Interior.
(c) Limitation of liability
The payment of any fee, or agreement to pay
costs, to the Secretary shall not in any way or
to any extent limit the right of the United
States to rely upon sovereign immunity or any
State or Federal statute limiting liability or
damages from injuries sustained in connection
with use under this section.
(Pub. L. 100–297, title V, § 5405, Apr. 28, 1988, 102
Stat. 417; Pub. L. 100–427, § 25, Sept. 9, 1988, 102
Stat. 1613.)
Editorial Notes
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–427, § 25(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read
as follows: ‘‘The Secretary of the Interior may permit
tribal, student, and other non-Federal organizations to
use facilities, lands, and equipment administered by
the Bureau of Indian Affairs if such use does not interfere with the purpose for which the facilities, land, and
equipment are administered by the Bureau. The Secretary of the Interior may charge the user for the actual or estimated additional cost of utilities or other
expenses incurred because of the use and the amounts
collected shall be credited to the appropriation or fund
from which the expenses are paid.’’
Subsec. (c). Pub. L. 100–427, § 25(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
For effective date and applicability of section, see
section 6303 of Pub. L. 100–297, set out as an Effective
Date of 1988 Amendment note under section 1071 of
Title 20, Education.

Page 19

§§ 28 to 31

TITLE 25—INDIANS

CHAPTER 2—OFFICERS OF INDIAN AFFAIRS
Sec.

21 to 24.
25.
25a.
26 to 32.
33.

Repealed or Omitted.
Superintendent for Five Civilized Tribes.
Application of civil service laws.
Repealed or Omitted.
Superintendents in charge of reservations;
administration of oath of office.
34, 35.
Repealed.
36.
Special agents and other officers to administer oaths.
37 to 39. Repealed.
40.
Limits of superintendencies, agencies, and
subagencies.
41.
Special agents and commissioners.
41a.
Indian inspectors.
42.
Repealed.
43.
Persons paid for other services not paid for
interpreting.
44.
Employment of Indians.
45.
Preference to Indians qualified for duties.
46.
Preference to Indians in employment of clerical, mechanical, and other help.
47.
Employment of Indian labor and purchase of
products of Indian industry; participation
in Mentor-Protege Program.
47a.
Security required by Secretary; contracts
with Indian-owned economic enterprise;
public work.
48.
Right of tribes to direct employment of persons engaged for them.
49 to 52a. Repealed.
53.
Disbursing officers; acting clerks.
54, 55.
Repealed.
56.
Quarters, fuel, and light for employees.
57.
Omitted.
58.
Limitation on number and kind of employment.
59.
Transfer of funds for payment of employees;
details for other service.
60.
Compensation prescribed to be in full.
61.
Estimates for personal services in Indian Office.
62.
Discontinuance and transfer of agencies.
63.
Consolidation of agencies.
64.
Services of agents dispensed with.
65.
Discontinuance of agents, subagents, and interpreters.
66.
Duties of agency devolved on superintendent
of Indian school.
67 to 68a. Repealed.

§§ 21, 22. Repealed. Pub. L. 89–554, § 8(a), Sept. 6,
1966, 80 Stat. 632, 642
Section 21, R.S. § 2039, related to the Board of Indian
Commissioners.
Section 22, act Aug. 24, 1912, ch. 388, § 1, 37 Stat. 521,
authorized the Board of Indian Commissioners to employ and pay a secretary.

§§ 23, 24. Omitted

Agency, in Oklahoma, are abolished as of September 1, 1914, and in lieu thereof there shall be
appointed by the President, by and with the advice and consent of the Senate, a Superintendent for the Five Civilized Tribes, with his
office located in the State of Oklahoma, at a salary of $5,000 per annum, and said superintendent
shall exercise the authority and perform the duties exercised prior to September 1, 1914, by the
Commissioner to the Five Civilized Tribes and
the superintendent of the Union Agency, with
authority to reorganize the department and to
eliminate all unnecessary clerks, subject to the
approval of the Secretary of the Interior.
(Aug. 1, 1914, ch. 222, § 17, 38 Stat. 598.)
Executive Documents
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.

§ 25a. Application of civil service laws
The position of Superintendent of the Five
Civilized Tribes is included within the competitive classified civil service and shall be subject
to civil service laws and rules.
(Mar. 4, 1929, ch. 705, 45 Stat. 1583.)
Executive Documents
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.

§ 26. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966,
80 Stat. 632
Section, R.S. § 2052, provided for appointment of Indian Agents by the President.

§ 27. Omitted
Editorial Notes
CODIFICATION

Editorial Notes
CODIFICATION
Section 23, act May 17, 1882, ch. 163, § 1, 22 Stat. 70, related to the powers and duties of the Board of Indian
Commissioners, and was omitted as superseded by Ex.
Ord. No. 6145 of May 25, 1933, which abolished the Board
and transferred its records, property, and personnel to
the supervision of the Secretary of the Interior.
Section 24, R.S. § 2042, related to the investigations
by a member of the Board of Indian Commissioners,
and was omitted as superseded by Ex. Ord. No. 6145 of
May 25, 1933.

§ 25. Superintendent for Five Civilized Tribes
The offices of the Commissioner of the Five
Civilized Tribes and superintendent of Union

Section, R.S. 2062; acts July 13, 1892, ch. 164, § 1, 27
Stat. 120; July 1, 1898, ch. 545, § 1, 30 Stat. 573, authorized the President to require that military officers perform the duties of Indian agents. The services of Indian
agents have been dispensed with since 1908. See section
64 of this title and notes thereunder.

§§ 28 to 31. Repealed. Pub. L. 89–554, § 8(a), Sept.
6, 1966, 80 Stat. 632, 634
Section 28, R.S. § 2056; act May 17, 1882, ch. 163, § 1, 22
Stat. 87, fixed term of office for Indian Agents.
Section 29, R.S. § 2057, provided for a bond by Indian
Agents.
Section 30, R.S. § 2060, prescribed limits of residence
of Indian Agents.
Section 31, R.S. § 2058, related to duties of Indian
Agents.