CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS
Title 25 > CHAPTER 4
Sections (82)
§§ 91, 92 Omitted
§ 93 Repealed. Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1112
§ 94 Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1028
§ 95 Repealed. Mar. 27, 1939, ch. 18, 53 Stat. 551
§ 96 Repealed. Pub. L. 104–316, title I, § 112(a), Oct. 19, 1996, 110 Stat. 3833
§ 97 Proposals or bids for contracts to be preserved
In all lettings of contracts in connection with the Indian Service, the proposals or bids received shall be filed and preserved.. 1 ( Aug. 15, 1876, ch. 289, § 3 , 19 Stat. 199 ; June 21, 1906, ch. 3504 , 34 Stat. 328 ; Pub. L. 104–316, title I, § 112(b) , Oct. 19, 1996 , 110 Stat. 3833 .)
§ 98 Purchase of supplies without authority
No claims for supplies for Indians, purchased without authority of law, shall be paid out of any appropriation for expenses of the Office of Indian Affairs, or for Indians. (R.S. § 2085.)
§ 99 Contracts for supplies in advance of appropriations
The Commissioner of Indian Affairs is authorized to advertise in the spring of each year for bids, and enter into contracts, subject to the approval of the Secretary of the Interior, for goods and supplies for the Indian Service required for the ensuing fiscal year, notwithstanding the fact that the appropriations for such fiscal year have not been made, and the contracts so made shall be on the basis of the appropriations for the preceding fiscal year, and shall contain a clause that no deliveries shall be made under the same and no liability attach to the United States in consequence of such execution if Congress fails to make an appropriation for such contract for the fiscal year for which those supplies are required. ( Aug. 15, 1894, ch. 290, § 4 , 28 Stat. 312 .)
§ 100 Repealed. Oct. 31, 1951, ch. 654, § 1(48), 65 Stat. 703
§ 101 Payment for wagon transportation
All wagon transportation from the point where delivery is made by the last common carrier to the agency, school, or elsewhere, and between points on the reservation or elsewhere, shall be paid from the funds appropriated or otherwise available for the support of the school, agency, or other project for which the supplies to be transported are purchased. ( June 30, 1913, ch. 4, § 1 , 38 Stat. 79 .)
§ 102 Payment of costs for furnishing coal for Indian Service
The cost of inspection, storage, transportation, and so forth, of coal for the Indian Service shall be paid from the support fund of the school or agency for which the coal is purchased. ( Feb. 14, 1920, ch. 75, § 1 , 41 Stat. 412 .)
§ 103 Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1028
§ 104 Purchase of articles manufactured at schools
The Secretary of the Interior is authorized, whenever it can be done advantageously, to purchase for use in the Indian Service, from Indian manual and training schools, in the manner customary among individuals such articles as may be manufactured at such schools, and which are used in the Indian Service. Accounts of such transactions shall be kept in the Indian Bureau and in the training schools, and reports thereof made from time to time. ( May 11, 1880, ch. 85, § 1 , 21 Stat. 131 .)
§ 111 Payment of moneys and distribution of goods
The payment of all moneys and the distribution of all goods stipulated to be furnished to any Indians, or tribe of Indians, shall be made in one of the following ways, as the President or the Secretary of the Interior may direct: First. To the chiefs of a tribe, for the tribe. Second. In cases where the imperious interest of the tribe or the individuals intended to be benefited, or any treaty stipulation, requires the intervention of an agency, then to such person as the tribe shall appoint to receive such moneys or goods; or if several persons be appointed, then upon the joint order or receipt of such persons. Third. To the heads of the families and to the individuals entitled to participate in the moneys or goods. Fourth. By consent of the tribe, such moneys or goods may be applied directly, under such regulations, not inconsistent with treaty stipulations, as may be prescribed by the Secretary of the Interior, to such purposes as will best promote the happiness and prosperity of the members of the tribe, and will encourage able-bodied Indians in the habits of industry and peace. (R.S. § 2086.)
§ 112 Persons present at delivery of goods and money
The superintendent, agent, or subagent, together with such military officer as the President may direct, shall be present, and certify to the delivery of all goods and money required to be paid or delivered to the Indians. (R.S. § 2088.)
§ 113 Mode of disbursements
At the discretion of the President all disbursements of moneys, whether for annuities or otherwise, to fulfill treaty stipulations with individual Indians or Indian tribes, shall be made in person by the superintendents of Indian affairs, where superintendencies exist, to all Indians or tribes within the limits of their respective superintendencies, in the presence of the local agents and interpreters, who shall witness the same, under such regulations as the Secretary of the Interior may direct. (R.S. § 2089.)
§ 114 Payment of annuities in coin
The Secretary of the Treasury is authorized to pay in coin such of the annuities as by the terms of any treaty of the United States with any Indian tribe are required to be paid in coin. (R.S. § 2081.)
§ 115 Payment of annuities in goods
The President may, at the request of any Indian tribe, to which an annuity is payable in money, cause the same to be paid in goods, purchased as provided in section 91 of this title . (R.S. § 2082.)
§ 116 Indians 18 years of age to have right to receipt for annuity
All Indians, when they shall arrive at the age of eighteen years, shall have the right to receive and receipt for all annuity money that may be due or become due to them, if not otherwise incapacitated under the regulations of the Indian Office. ( Mar. 1, 1899, ch. 324, § 8 , 30 Stat. 947 .)
§ 117 Repealed. Pub. L. 98–64, § 4(a), Aug. 2, 1983, 97 Stat. 366
§ 117a Per capita distribution of funds to tribe members
Funds which are held in trust by the Secretary of the Interior (hereinafter referred to as the “Secretary”) for an Indian tribe and which are to be distributed per capita to members of that tribe may be so distributed by either the Secretary or, at the request of the governing body of the tribe and subject to the approval of the Secretary, the tribe. Any funds so distributed shall be paid by the Secretary or the tribe directly to the members involved or, if such members are minors or have been legally determined not competent to handle their own affairs, to a parent or guardian of such members or to a trust fund for such minors or legal incompetents as determined by the governing body of the tribe. ( Pub. L. 98–64, § 1 , Aug. 2, 1983 , 97 Stat. 365 .)
§ 117b Distribution of funds
(a) Previous contractual obligations; tax exemption Funds distributed under sections 117a to 117c of this title shall not be liable for the payment of previously contracted obligations except as may be provided by the governing body of the tribe and distributions of such funds shall be subject to the provisions of section 7 of the Act of October 19, 1973 ( 87 Stat. 466 ), as amended [ 25 U.S.C. 1407 ].
(b) Funds appropriated in satisfaction of judgments Nothing in sections 117a to 117c of this title shall affect the requirements of the Act of October 19, 1973 ( 87 Stat. 466 ), as amended [ 25 U.S.C. 1401 et seq.], or of any plan approved thereunder, with respect to the use or distribution of funds subject to that Act: Provided , That per capita payments made pursuant to a plan approved under that Act may be made by an Indian tribe as provided in section 117a of this title if all other provisions of the 1973 Act are met, including but not limited to, the protection of the interests of minors and incompetents in such funds.
(c) Shoshone Tribe and Arapaho Tribe of the Wind River Reservation, Wyoming Nothing in sections 117a to 117c of this title, except the provisions of subsection (a) of this section, shall apply to the Shoshone Tribe and the Arapahoe 1 Tribe of the Wind River Reservation, Wyoming.
§ 117c Standards for approval of tribal payments; United States not liable for distribution of funds; continuing responsibility under other provisions
(a) The Secretary shall, by regulation, establish reasonable standards for the approval of tribal payments pursuant to section 117a of this title and, where approval is given under such regulations, the United States shall not be liable with respect to any distribution of funds by a tribe under sections 117a to 117c of this title.
(b) Nothing in sections 117a to 117c of this title shall otherwise absolve the United States from any other responsibility to the Indians, including those which derive from the trust relationship and from any treaties, Executive orders, or agreements between the United States and any Indian tribe.
§ 118 Payments in satisfaction of judgments
Payments to Indians made from moneys appropriated by Congress in satisfaction of the judgment of any court shall be made under the direction of the officers of the Interior Department charged by law with the supervision of Indian affairs, and all such payments shall be accounted for to the Treasury in conformity with law. ( Mar. 3, 1911, ch. 210, § 28 , 36 Stat. 1077 .)
§ 119 Allotment of tribal funds to individual Indians
The Secretary of the Interior is authorized, in his discretion, from time to time, to designate any individual Indian belonging to any tribe or tribes whom he may deem to be capable of managing his or her affairs, and he may cause to be apportioned and allotted to any such Indian his or her pro rata share of any tribal or trust funds on deposit in the Treasury of the United States to the credit of the tribe or tribes of which said Indian is a member, and the amount so apportioned and allotted shall be placed to the credit of such Indian upon the books of the Treasury, and the same shall thereupon be subject to the order of such Indian: Provided , That no apportionment or allotment shall be made to any Indian until such Indian has first made an application therefor: Provided further , That the Secretaries of the Interior and of the Treasury are directed to withhold from such apportionment and allotment a sufficient sum of the said Indian funds as may be necessary or required to pay any existing claims against said Indians that may be pending for settlement by judicial determination in the United States Court of Federal Claims or in the Executive Departments of the Government, at time of such apportionment and allotment. ( Mar. 2, 1907, ch. 2523, § 1 , 34 Stat. 1221 ; Pub. L. 97–164, title I, § 160(a)(7) , Apr. 2, 1982 , 96 Stat. 48 ; Pub. L. 102–572, title IX, § 902(b)(1) , Oct. 29, 1992 , 106 Stat. 4516 .)
§ 120 Per capita payments to enrolled members of Choctaw and Chickasaw Tribes
The Secretary of the Interior, under rules and regulations to be prescribed by him, is authorized to make per capita payments of not to exceed $200 annually to the enrolled members of the Choctaw and Chickasaw Tribes of Indians of Oklahoma, entitled under existing law to share in the funds of said tribes, or to their lawful heirs, of all the available money held by the Government of the United States for the benefit of said tribes in excess of that required for expenditures authorized by annual appropriations made therefrom or by existing law. ( Feb. 14, 1920, ch. 75, § 18 , 41 Stat. 427 .)
§ 121 Payment of share of tribal funds to helpless Indians
The pro rata share of any Indian who is mentally or physically incapable of managing his or her own affairs may be withdrawn from the Treasury in the discretion of the Secretary of the Interior and expended for the benefit of such Indian under such rules, regulations, and conditions as the said Secretary may prescribe: Provided , That said funds of any Indian shall not be withdrawn from the Treasury until needed by the Indian and upon his application and when approved by the Secretary of the Interior. ( Mar. 2, 1907, ch. 2523, § 2 , 34 Stat. 1221 ; May 18, 1916, ch. 125, § 1 , 39 Stat. 128 .)
§ 122 Limitation on application of tribal funds
No funds belonging to any Indian tribe with which treaty relations exist shall be applied in any manner not authorized by such treaty, or by express provisions of law; nor shall money appropriated to execute a treaty be transferred or applied to any other purpose, unless expressly authorized by law. (R.S. § 2097.)
§ 123 Expenditure from tribal funds without specific appropriations
No money shall be expended from Indian tribal funds without specific appropriation by Congress except as follows: Equalization of allotments, education of Indian children in accordance with existing law, per capita and other payments, all of which are hereby continued in full force and effect: Provided , That this shall not change existing law with reference to the Five Civilized Tribes. ( May 18, 1916, ch. 125, § 27 , 39 Stat. 158 .)
§ 123a Tribal funds; use to purchase insurance for protection of tribal property
On and after April 13, 1926 , the funds of any tribe of Indians under the control of the United States may be used for payments of insurance premiums for protection of the property of the tribe against fire, theft, tornado, hail, earthquake, or other elements and forces of nature, and for protection against liability on account of injuries or damages to persons or property and other like claims. ( Apr. 13, 1926, ch. 118 , 44 Stat. 242 ; Aug. 2, 1946, ch. 754 , 60 Stat. 852 .)
§ 123b Tribal funds for traveling and other expenses
On and after May 9, 1938 , tribal funds shall be available for appropriation by Congress for traveling and other expenses, including supplies and equipment, of members of tribal councils, business committees, or other tribal organizations, when engaged on business of the tribes. ( May 9, 1938, ch. 187, § 1 , 52 Stat. 315 .)
§ 123c Advancement of tribal funds to Indian tribes; miscellaneous authorized purposes
On and after October 12, 1984 , tribal funds may be advanced to Indian tribes during each fiscal year for such purposes as may be designated by the governing body of the particular tribe involved and approved by the Secretary including: expenditures for the benefit of Indians and Indian tribes; care, tuition, and other assistance to Indian children attending public and private schools (which may be paid in advance or from date of admission); purchase of land and improvements on land, title to which shall be taken in the name of the United States in trust for the tribe for which purchased; lease of lands and water rights; compensation and expenses of attorneys and other persons employed by Indian tribes under approved contracts; pay, travel, and other expenses of tribal officers, councils, committees, and employees thereof, or other tribal organizations, including mileage for use of privately owned automobiles and per diem in lieu of subsistence at rates established administratively but not to exceed those applicable to civilian employees of the Government; and relief of Indians, including cash grants. ( Pub. L. 98–473, title I, § 101(c) [title I, § 100] , Oct. 12, 1984 , 98 Stat. 1837 , 1849.)
§ 123d Additional appropriations from tribal funds
In addition to the tribal funds authorized to be expended by existing law, there is appropriated in fiscal year 1988 and thereafter to the Secretary of the Interior for the benefit of the tribes on whose behalf such funds were collected, not to exceed $1,000,000 in each fiscal year from tribal funds not otherwise available for expenditure. ( Pub. L. 100–202, § 101(g) [title I, § 100] , Dec. 22, 1987 , 101 Stat. 1329–213 , 1329–230.)
§ 124 Expenditures from tribal funds of Five Civilized Tribes without specific appropriations
No money shall be expended from tribal funds belonging to the Five Civilized Tribes without specific appropriation by Congress. ( May 24, 1922, ch. 199 , 42 Stat. 575 .)
§ 125 Expenditure of moneys of tribes of Quapaw Agency
No moneys shall be expended from tribal or individual funds belonging to the Quapaw or other tribes of Indians of the Quapaw Agency in the State of Oklahoma without specific authority of law. ( June 30, 1919, ch. 4, § 17 , 41 Stat. 20 .)
§ 126 Omitted
§ 127 Repealed. Pub. L. 117–317, § 2(2), Dec. 27, 2022, 136 Stat. 4419
§ 128 Repealed. Pub. L. 117–317, § 2(3), Dec. 27, 2022, 136 Stat. 4419
§ 129 Repealed. Pub. L. 117–317, § 2(4), Dec. 27, 2022, 136 Stat. 4419
§ 130 Repealed. Pub. L. 117–317, § 2(5), Dec. 27, 2022, 136 Stat. 4419
§ 131 Advances to disbursing officers
No superintendent of Indian affairs, or Indian agent, or other disbursing officer in such service, shall have advanced to him, on Indian or public account, any money to be disbursed in future, until such superintendent, agent, or officer in such service has settled his accounts of the preceding year, and has satisfactorily shown that all balances in favor of the Government, which may appear to be in his hands, are ready to be paid over on the order of the Secretary of the Interior. (R.S. § 2092.)
§ 132 Mode of distribution of goods
Whenever goods and merchandise are delivered to the chiefs of a tribe, for the tribe, such goods and merchandise shall be turned over by the agent or superintendent of such tribe to the chiefs in bulk, and in the original package, as nearly as practicable, and in the presence of the headmen of the tribe, if practicable, to be distributed to the tribe by the chiefs in such manner as the chiefs may deem best, in the presence of the agent or superintendent. (R.S. § 2090.)
§ 133 Rolls of Indians entitled to supplies
For the purpose of properly distributing the supplies appropriated for the Indian Service, it is made the duty of each agent in charge of Indians and having supplies to distribute, to make out, at the commencement of each fiscal year, rolls of the Indians entitled to supplies at the agency, with the names of the Indians and of the heads of families or lodges, with the number in each family or lodge, and to give out supplies to the heads of families, and not to the heads of tribes or bands, and not to give out supplies for a greater length of time than one week in advance. ( Mar. 3, 1875, ch. 132, § 4 , 18 Stat. 449 .)
§ 134 Appropriations for supplies available immediately; time for distribution
So much of the appropriations of any annual Indian Appropriation Act as may be required to pay for goods and supplies, for expenses incident to their purchase, and for transportation of the same, for the fiscal year for which such appropriations are made, shall be immediately available, upon the approval of such Act, but no such goods or supplies shall be distributed or delivered to any of said Indians prior to the beginning of such fiscal year. ( Mar. 1, 1907, ch. 2285 , 34 Stat. 1016 .)
§ 135 Supplies distributed so as to prevent deficiencies
It shall be the duty of the Secretary of the Interior, and the officers charged by law with the distribution of supplies to the Indians, under appropriations made by law, to distribute them and pay them out to the Indians entitled to them, in such proper proportions as that the amount of appropriation made for the current year shall not be expended before the end of such current year, so as to prevent deficiencies; and no expenditure shall be made or liability incurred on the part of the Government on account of the Indian Service for any fiscal year (unless in compliance with existing law) beyond the amount of money previously appropriated for said service during such year. ( Mar. 3, 1875, ch. 132, § 6 , 18 Stat. 450 .)
§ 136 Commutation of rations and other supplies; payment per capita
When, in the judgment of the Secretary of the Interior, any Indian tribe, or part thereof, who are receiving rations and clothing and other supplies under the Act of July 1, 1898 , chapter 545, are sufficiently advanced in civilization to purchase such rations and clothing and other supplies judiciously, they may commute the same and pay the value thereof in money per capita to such tribe or part thereof, the manner of such payment to be prescribed by the Secretary of the Interior. ( July 1, 1898, ch. 545, § 7 , 30 Stat. 596 .)
§§ 137, 138 Repealed. Pub. L. 117–317, § 2(6), (7), Dec. 27, 2022, 136 Stat. 4419
§ 139 Appropriations for subsistence
The Secretary of the Interior, under the direction of the President, may use any surplus that may remain in any of the appropriations for the purchase of subsistence for the several Indian tribes, to an amount not exceeding $25,000 in the aggregate, to supply any subsistence deficiency that may occur: Provided , That any diversions which shall be made under authority of this section shall be reported in detail, and the reason therefor, to Congress, at the session of Congress next succeeding such diversion. ( Mar. 1, 1907, ch. 2285 , 34 Stat. 1016 .)
§ 140 Diversion of appropriations for employees and supplies
The several appropriations made for millers, blacksmiths, engineers, carpenters, physicians, and other persons, and for various articles provided for by treaty stipulation for the several Indian tribes, may be diverted to other uses for the benefit of said tribes, respectively, within the discretion of the President, and with the consent of said tribes, expressed in the usual manner; and he shall cause report to be made to Congress, at its next session thereafter, of his action under this provision. ( Mar. 1, 1907, ch. 2285 , 34 Stat. 1016 .)
§ 141 Omitted
§ 142 Repealed. May 29, 1928, ch. 901, § 1(87), 45 Stat. 992
§ 143 Repealed. Aug. 30, 1954, ch. 1076, § 1(24), 68 Stat. 968
§ 144 Repealed. May 29, 1928, ch. 901, § 1(66), 45 Stat. 991
§ 145 Accounts between United States and tribes under reimbursable appropriations
The Secretary of the Interior shall cause to be stated annual accounts between the United States and each tribe of Indians arising under appropriations made, which by law are required to be reimbursed to the United States, crediting in said accounts the sums so reimbursed, if any; and the Secretary of the Interior shall pay, out of any fund or funds belonging to such tribe or tribes of Indians applicable thereto and held by the United States in trust or otherwise, all balances of accounts due to the United States and not already reimbursed to the Treasury, and deposit such sums in the Treasury as miscellaneous receipts; and such accounts shall be received and examined by the Government Accountability Office and the balances arising thereon certified to the Secretary of the Treasury. ( Apr. 4, 1910, ch. 140, § 1 , 36 Stat. 270 ; June 10, 1921, ch. 18 , title III, § 304, 42 Stat. 24 ; Pub. L. 108–271, § 8(b) , July 7, 2004 , 118 Stat. 814 .)
§ 146 Report of Indians present and receiving food
Whenever the issue of food, clothing, or supplies of any kind to Indians is provided for, it shall be the duty of the agent or commissioner issuing the same, at such issue thereof, whether it be both of food and clothing, or either of them, or of any kind of supplies, to report to the Commissioner of Indian Affairs the number of Indians present and actually receiving the same. (R.S. § 2109.)
§ 147 Appropriations for specified buildings; use for transportation of materials
Appropriations for specified buildings in the Indian Service shall be used for the transportation of materials purchased therefrom. ( Jan. 12, 1927, ch. 27, § 1 , 44 Stat. 939 .)
§ 148 Appropriations for supplies; transfer to Indian Service supply fund; expenditure
From time to time there is authorized to be transferred from each or any appropriation or fund available for the purchase of supplies for the Indian Service, to a fund to be set up and carried on the books of the Treasury as an Indian Service supply fund, such amounts as the Secretary of the Interior may estimate to be required to pay for supplies purchased through Indian warehouses for the Indian field service; and the expenditure of the said Indian Service supply fund for the purpose stated is hereby authorized, necessary adjustments to be made thereafter to the end that each appropriation and fund ultimately will be charged only with the cost of the supplies legally chargeable thereto. ( Jan. 12, 1927, ch. 27, § 1 , 44 Stat. 939 .)
§ 149 Indian Water Rights Settlement Completion Fund
(a) Establishment There is established in the Treasury of the United States a fund to be known as the “Indian Water Rights Settlement Completion Fund” (referred to in this section as the “Fund”).
(b) Deposits On the later of October 1, 2021 , and November 15, 2021 , out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Fund $2,500,000,000, to remain available until expended. Amounts deposited in the Fund under paragraph (1) shall be available to the Secretary of the Interior, without further appropriation or fiscal year limitation, for the uses described in subsection (c).
(c) Uses Subject to subsection (d), amounts deposited in the Fund under subsection (b) shall be used by the Secretary of the Interior for transfers to funds or accounts authorized to receive discretionary appropriations, or to satisfy other obligations identified by the Secretary of the Interior, under an Indian water settlement approved and authorized by an Act of Congress before November 15, 2021 .
(d) Scope of transfers Transfers authorized under subsection (c) shall be made in such amounts as are determined by the Secretary of the Interior to be appropriate to satisfy the obligations of the United States, including appropriate indexing, pursuant to the applicable Indian water settlement. The Secretary of the Interior shall have the discretion to determine the sequence and timing of transfers from the Fund under subsection (c) in order to substantially complete the eligible Indian water settlements as expeditiously as practicable.
§ 151 Deposits in bank by disbursing agents
Any United States Indian agent, superintendent, or other disbursing agent of the Indian Service may deposit Indian moneys, individual or tribal, coming into his hands as custodian, in such national bank or banks as he may select: Provided , That the bank or banks so selected by him shall first execute to said disbursing agent a bond, with approved surety, in such an amount as will properly safeguard the funds to be deposited. Such bond shall be subject to the approval of the Secretary of the Interior. ( Apr. 30, 1908, ch. 153 , 35 Stat. 73 ; June 25, 1910, ch. 431, § 1 , 36 Stat. 855 ; Mar. 3, 1928, ch. 122 , 45 Stat. 161 ; Apr. 30, 1934, ch. 169 , 48 Stat. 648 .)
§ 152 Proceeds of sales of Indian lands
All moneys received from the sales of lands that have been, or may be, ceded to the United States by Indian tribes, by treaties providing for the investment or payment to the Indians, parties thereto, of the proceeds of the lands ceded by them, respectively, after deducting the expenses of survey and sale, any sums stipulated to be advanced, and the expenses of fulfilling any engagements contained therein, shall be paid into the Treasury in the same manner that moneys received from the sales of public lands are paid into the Treasury. (R.S. § 2093.)
§ 153 Appropriation to carry out treaties
All sums that are or may be required to be paid, and all moneys that are or may be required to be invested by the treaties mentioned in section 152 of this title are appropriated in conformity to them, and shall be drawn from the Treasury as other public moneys are drawn therefrom, under such instructions as may from time to time be given by the President. (R.S. § 2094.)
§ 154 Proceeds of sales of lands not subject to certain deductions
No part of the expenses of the public lands service shall be deducted from the proceeds of Indian lands sold through the Bureau of Land Management, except as authorized by the treaty or agreement providing for the disposition of the lands. ( July 4, 1884, ch. 180, § 10 , 23 Stat. 98 ; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946 , 11 F.R. 7876, 60 Stat. 1100 .)
§ 155 Disposal of miscellaneous revenues from Indian reservations, etc.
All miscellaneous revenues derived from Indian reservations, agencies, and schools, except those of the Five Civilized Tribes and not the result of the labor of any member of such tribe, which are not required by existing law to be otherwise disposed of, shall be covered into the Treasury of the United States under the caption “Indian moneys, proceeds of labor”, and are made available for expenditure, in the discretion of the Secretary of the Interior, for the benefit of the Indian tribes, agencies, and schools on whose behalf they are collected, subject, however, to the limitations as to tribal funds, imposed by sections 123 and 142 1 of this title. ( Mar. 3, 1883, ch. 141, § 2 , 22 Stat. 590 ; Mar. 2, 1887, ch. 320 , 24 Stat. 463 ; May 17, 1926, ch. 309, § 1 , 44 Stat. 560 ; May 29, 1928, ch. 901, § 1(68) , 45 Stat. 991 .)
§ 155a Transferred
§ 155b Proceeds of labor accounts; deposits limited to funds held in trust for Indian tribes or individuals
Except in the case of funds held in trust for Indian tribes or individuals, the funds available for expenditure under the “Indian moneys, proceeds of labor” accounts authorized by section 155 of this title may be expended until September 30, 1982 for any purpose for which funds are appropriated under the subheading “Operation of Indian Programs”. No funds shall be deposited in such “Indian money, proceeds of labor” (IMPL) accounts after September 30, 1982 . The unobligated balance in IMPL accounts as of the close of business on September 30, 1982 , including the income resulting from the investment of funds from such accounts prior to such date, shall be transferred to and held in escrow accounts at the locations of the IMPL accounts from which they are transferred. Funds in such escrow accounts may be invested as provided in section 162a of this title and the investment income added to such accounts. The Secretary shall determine no later than September 30, 1985 (after consultation with appropriate tribes and individual Indians) the extent to which the funds held in such escrow accounts represent income from the investment of special deposits relating to specific tribes or individual Indians. Upon such a determination by the Secretary and express acceptance of the determination by the beneficiary, the Secretary shall transfer such funds to trust accounts for such tribes or individual Indians. Not more than ten percent of the funds transferred to trust accounts for any tribe or individual Indian under this provision may be utilized to pay for legal or other representation relating to claims for such funds. Not to exceed two percent of the funds transferred from the IMPL accounts shall be available to reimburse the Bureau of Indian Affairs for administrative expenses incurred in determining ownership of the funds. Acceptance of a determination by the Secretary and the transfer of funds under this provision shall constitute a complete release and waiver of any and all claims by the beneficiary against the United States relating to the unobligated balance of IMPL accounts as of the close of business on September 30, 1982 . During the period of October 1, 1985 through September 30, 1987 , or earlier if a Secretarial determination on ownership and appropriate fund transfers has been completed, the funds remaining in such escrow accounts because they have not been transferred to trust accounts, may be expended subject to the approval of the Secretary for any purpose authorized under section 13 of this title and requested by the respective governing bodies of the tribes at the locations where such accounts are maintained. The unobligated balances of such escrow accounts as of the close of business on September 30, 1987 , shall be deposited into miscellaneous receipts of the Treasury. ( Pub. L. 97–100, title I, § 100 , Dec. 23, 1981 , 95 Stat. 1400 ; Pub. L. 97–257, title I, § 100 , Sept. 10, 1982 , 96 Stat. 839 .)
§ 156 Deposit of funds from sales of lands and property of Five Civilized Tribes
The net receipts from the sales of surplus and unallotted lands and other tribal property belonging to any of the Five Civilized Tribes, after deducting the necessary expense of advertising and sale, may be deposited in national or State banks in the State of Oklahoma in the discretion of the Secretary of the Interior, such depositories to be designated by him under such rules and regulations governing the rate of interest thereon, the time of deposit and withdrawal thereof, and the security therefor, as he may prescribe. The interest accruing on such funds may be used to defray the expense of the per capita payments of such funds. ( Mar. 3, 1911, ch. 210, § 17 , 36 Stat. 1070 .)
§ 157 Investments of stock required by treaties
All investments of stock, that are or may be required by treaties with the Indians, shall be made under the direction of the President; and special accounts of the funds under such treaties shall be kept at the Treasury, and statements thereof be annually laid before Congress. (R.S. § 2095.)
§ 158 Investment of proceeds of lands
The Secretary of the Interior shall invest in a manner which shall be in his judgment most safe and beneficial for the fund, all moneys that may be received under treaties containing stipulations for the payment to the Indians, annually, of interest upon the proceeds of the lands ceded by them; and he shall make no investment of such moneys, or of any portion, at a lower rate of interest than 5 per centum per annum. (R.S. § 2096.)
§ 159 Moneys due incompetents or orphans
The Secretary of the Interior is directed to cause settlements to be made with all persons appointed by the Indian councils to receive moneys due to incompetent or orphan Indians, and to require all moneys found to be due to such incompetent or orphan Indians to be returned to the Treasury; and all moneys so returned shall bear interest at the rate of 6 per centum per annum, until paid by order of the Secretary of the Interior to those entitled to the same. No money shall be paid to any person appointed by any Indian council to receive moneys due to incompetent or orphan Indians, but the same shall remain in the Treasury of the United States until ordered to be paid by the Secretary to those entitled to receive the same, and shall bear 6 per centum interest until so paid. (R.S. § 2108.)
§ 160 Custody of stocks or bonds held in trust for tribes
All stocks, bonds, or other securities or evidences of indebtedness held by the Secretary of the Interior on June 10, 1876 , in trust for the benefit of certain Indian tribes shall, within thirty days from that date, be transferred to the Treasurer of the United States, who shall become the custodian thereof; and it shall be the duty of said Treasurer to collect all interest falling due on said bonds, stocks, and so forth, and deposit the same in the Treasury of the United States, and to issue certificates of deposit therefor, in favor of the Secretary of the Interior, as trustee for various Indian tribes. And the Treasurer of the United States shall also become the custodian of all bonds and stocks which may be purchased for the benefit of any Indian tribe or tribes after the transfer of funds herein authorized, and shall make all purchases and sales of bonds and stocks authorized by treaty stipulations or by acts of Congress when requested so to do by the Secretary of the Interior: Provided , That nothing in this section shall in any manner impair or affect the supervisory and appellate powers and duties in regard to Indian affairs which may be vested in the Secretary of the Interior as trustee for various Indian tribes, except as to the custody of said bonds and the collection of interest thereon as hereinbefore mentioned. ( June 10, 1876, ch. 122 , 19 Stat. 58 .)
§ 161 Deposit in Treasury of trust funds
The Secretary of the Interior is authorized to deposit, in the Treasury of the United States, any and all sums held by him on April 1, 1880 , or which may be received by him, as Secretary of the Interior and trustee of various Indian tribes, on account of the redemption of United States bonds, or other stocks and securities belonging to the Indian trust fund, and all sums received on account of sales of Indian trust lands, and the sales of stocks lately purchased for temporary investment, whenever he is of the opinion that the best interests of the Indians will be promoted by such deposits, in lieu of investments; and the United States shall pay interest semiannually, from the date of deposit of any and all such sums in the United States Treasury, at the rate per annum stipulated by treaties or prescribed by law, and such payments shall be made in the usual manner, as each may become due, without further appropriation by Congress. ( Apr. 1, 1880, ch. 41 , 21 Stat. 70 .)
§ 161a Tribal funds in trust in Treasury Department; investment by Secretary of the Treasury; maturities; interest; funds held in trust for individual Indians
(a) All funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of Indian tribes shall be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.
(b) All funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of individual Indians shall be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable securities.
§ 161b “Indian Money, Proceeds of Labor” fund; separate accounts for respective tribes; rate of interest
All tribal funds arising under section 155 of this title on June 13, 1930 , included in the fund “Indian Money, Proceeds of Labor”, shall, on and after July 1, 1930 , be carried on the books of the Treasury Department in separate accounts for the respective tribes, and all such funds with account balances exceeding $500 shall bear simple interest at the rate of 4 per centum per annum from July 1, 1930 . ( Feb. 12, 1929, ch. 178, § 2 , as added June 13, 1930, ch. 483 , 46 Stat. 584 .)
§ 161c Surplus above requirements of fund; transfer to surplus fund of Treasury; retransfer
The amount held in any tribal fund account which, in the judgment of the Secretary of the Interior, is not required for the purpose for which the fund was created, shall be covered into the surplus fund of the Treasury; and so much thereof as is found to be necessary for such purpose may at any time thereafter be restored to the account on books of the Treasury without appropriation by Congress. ( Feb. 12, 1929, ch. 178, § 3 , as added June 13, 1930, ch. 483 , 46 Stat. 584 .)
§ 161d Disposition of accrued interest
The interest accruing on Indian tribal funds under sections 161a to 161c of this title shall be subject to the same disposition as prescribed by existing law for the respective principal funds. ( Feb. 12, 1929, ch. 178, § 4 , as added June 13, 1930, ch. 483 , 46 Stat. 584 .)
§ 162 Repealed. June 24, 1938, ch. 648, § 2, 52 Stat. 1037
§ 162a Deposit of tribal funds in banks; bond or collateral security; investments; collections from irrigation projects; affirmative action required
(a) Deposit of tribal trust funds in banks The Secretary of the Interior is hereby authorized in his discretion, and under such rules and regulations as he may prescribe, to withdraw from the United States Treasury and to deposit in banks to be selected by him the common or community funds of any Indian tribe which are, or may hereafter be, held in trust by the United States and on which the United States is not obligated by law to pay interest at higher rates than can be procured from the banks. The said Secretary is also authorized, under such rules and regulations as he may prescribe, to withdraw from the United States Treasury and to deposit in banks to be selected by him the funds held in trust by the United States for the benefit of individual Indians: Provided , That no individual Indian money shall be deposited in any bank until the bank shall have agreed to pay interest thereon at a reasonable rate, subject, however, to the regulations of the Board of Governors of the Federal Reserve System in the case of member banks, and of the Board of Directors of the Federal Deposit Insurance Corporation in the case of insured nonmember banks, except that the payment of interest may be waived in the discretion of the Secretary of the Interior on any deposit which is payable on demand: Provided further , That no tribal or individual Indian money shall be deposited in any bank until the bank shall have furnished an acceptable bond or pledged collateral security therefor in the form of any public-debt obligations of the United States and any bonds, notes, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States, except that no such bond or collateral shall be required to be furnished by any such bank which is entitled to the benefits of section 12B of the Federal Reserve Act, with respect to any deposits of such tribal or individual funds to the extent that such deposits are insured under such section: Provided, however , That nothing contained in this section, or in section 12B of the Federal Reserve Act, shall operate to deprive any Indian having unrestricted funds on deposit in any such bank of the full protection afforded by section 12B of the Federal Reserve Act, irrespective of any interest such Indian may have in any restricted Indian funds on deposit in the same bank to the credit of a disbursing agent of the United States. For the purpose of this section and said Act, said unrestricted funds shall constitute a separate and distinct basis for an insurance claim: Provided further , That the Secretary of the Interior, if he deems it advisable and for the best interest of the Indians, may invest the trust funds of any tribe or individual Indian in any public-debt obligations of the United States and in any bonds, notes, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States: And provided further , That the foregoing shall apply to the funds of the Osage Tribe of Indians, and the individual members thereof, only with respect to the deposit of such funds in banks.
(b) Investment of collections from irrigation projects and power operations on irrigation projects The Secretary of the Interior is authorized to invest any operation and maintenance collections from Indian irrigation projects and revenue collections from power operations on Indian irrigation projects in— any public-debt obligations of the United States; any bonds, notes, or other obligations which are unconditionally guaranteed as to both principal and interest by the United States; or any obligations which are lawful investments for trust funds under the authority or control of the United States. The Secretary of the Interior is authorized to use earning 1 from investments under this subsection to pay operation and maintenance expenses of the project involved.
(c) Investment of tribal trust funds in public debt obligations Notwithstanding subsection (a), the Secretary of the Interior, at the request of any Indian tribe, in the case of trust funds of such tribe, or any individual Indian, in the case of trust funds of such individual, is authorized to invest such funds, or any part thereof, in guaranteed or public debt obligations of the United States or in a mutual fund, otherwise known as an open-ended diversified investment management company if— the portfolio of such mutual fund consists entirely of public-debt obligations of the United States, or bonds, notes, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States, or a combination thereof; the trust funds to be invested exceed $50,000; the mutual fund is registered by the Securities and Exchange Commission; and the Secretary is satisfied with respect to the security and protection provided by the mutual fund against loss of the principal of such trust funds. The Secretary, as a condition to complying with a request pursuant to paragraph (1) of this subsection, is authorized to require such tribe or individual Indian, as the case may be, to enter into an agreement with the Secretary for the purpose of relieving the United States of any liability in connection with the interest, or amount thereof, payable in connection with such trust funds so invested during the period of that investment. Investments pursuant to paragraph (1) of this subsection shall be deemed to be the same as cash or a bank deposit for purposes of section 955 of this title . 2
(d) Trust responsibilities of Secretary of the Interior The Secretary’s proper discharge of the trust responsibilities of the United States shall include (but are not limited to) the following: Providing adequate systems for accounting for and reporting trust fund balances. Providing adequate controls over receipts and disbursements. Providing periodic, timely reconciliations to assure the accuracy of accounts. Determining accurate cash balances. Preparing and supplying account holders with periodic statements of their account performance and with balances of their account which shall be available on a daily basis. Establishing consistent, written policies and procedures for trust fund management and accounting. Providing adequate staffing, supervision, and training for trust fund management and accounting. Appropriately managing the natural resources located within the boundaries of Indian reservations and trust lands.
§ 163 Roll of membership of Indian tribes
The Secretary of the Interior is authorized, wherever in his discretion such action would be for the best interest of the Indians, to cause a final roll to be made of the membership of any Indian tribe; such rolls shall contain the ages and quantum of Indian blood, and when approved by the said Secretary are declared to constitute the legal membership of the respective tribes for the purpose of segregating the tribal funds as provided in section 162 1 of this title, and shall be conclusive both as to ages and quantum of Indian blood: Provided , That the foregoing shall not apply to the Five Civilized Tribes or to the Osage Tribe of Indians, or to the Chippewa Indians of Minnesota, or the Menominee Indians of Wisconsin. ( June 30, 1919, ch. 4, § 1 , 41 Stat. 9 .)
§ 164 Restoration to tribal ownership of unclaimed per capita and other individual payments of tribal trust funds; deposit in general fund of the Treasury
Unless otherwise specifically provided by law, the share of an individual member of an Indian tribe or group in a per capita or other distribution, individualization, segregation, or proration of Indian tribal or group funds held in trust by the United States, or in an annuity payment under a treaty, heretofore or hereafter authorized by law, and any interest earned on such share that is properly creditable to the individual shall be restored to tribal ownership if for any reason such share cannot be paid to the individual entitled thereto and remains unclaimed for a period of six years from the date of the administrative directive to make the payment, or one year from September 22, 1961 , whichever occurs later: Provided , That if such individual is a member of an Indian tribe or group that has no governing body recognized by the Secretary of the Interior as authorized to act on behalf of the tribe or group, such unpaid share and interest shall be regarded as not capable of restoration to a tribal or group entity and shall be deposited in the general fund of the Treasury of the United States. ( Pub. L. 87–283, § 1 , Sept. 22, 1961 , 75 Stat. 584 .)
§ 165 Notice to Congressional committees
The Secretary shall not restore to tribal ownership or deposit in the general fund of the Treasury any funds pursuant to section 164 of this title and this section until sixty calendar days (exclusive of days on which either the Senate or the House of Representatives is not in session because of an adjournment of more than three days to a day certain) after he has submitted notice of his proposed action to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives unless each of said committees has theretofore notified him that it has no objection to the proposed action. ( Pub. L. 87–283, § 2 , Sept. 22, 1961 , 75 Stat. 584 ; Pub. L. 103–437, § 10(b) , Nov. 2, 1994 , 108 Stat. 4589 .)
§ 166 Applicability of chapter 10 of title 5
The activities of the Department of the Interior associated with the Department’s consultation with Indian tribes and organizations related to the management of funds held in trust by the United States for Indian tribes shall be exempt from chapter 10 of title 5. ( Pub. L. 103–435, § 19 , Nov. 2, 1994 , 108 Stat. 4574 ; Pub. L. 117–286, § 4(a)(180) , Dec. 27, 2022 , 136 Stat. 4325 .)
§ 167 Trust status of lease payments
(a) Definition of Secretary In this section, the term “Secretary” means the Secretary of the Interior.
(b) Treatment of lease payments Except as provided in paragraph (2) and at the request of the Indian tribe or individual Indian, any advance payments, bid deposits, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian shall, upon receipt and prior to Secretarial approval of the contract or conveyance instrument, be held in the trust fund system for the benefit of the Indian tribe and individual Indian from whose land the funds were generated. If the advance payment, bid deposit, or other earnest money received by the Secretary results from competitive bidding, upon selection of the successful bidder, only the funds paid by the successful bidder shall be held in the trust fund system.
(c) Use of funds On the approval of the Secretary of a contract or other instrument for a sale, lease, permit, or any other conveyance described in subsection (b)(1), the funds held in the trust fund system and described in subsection (b), along with all income generated from the investment of those funds, shall be disbursed to the Indian tribe or individual Indian landowners. If a contract or other instrument for a sale, lease, permit, or any other conveyance described in subsection (b)(1) is not approved by the Secretary, the funds held in the trust fund system and described in subsection (b), along with all income generated from the investment of those funds, shall be paid to the party identified in, and in such amount and on such terms as set out in, the applicable regulations, advertisement, or other notice governing the proposed conveyance of the interest in the land at issue.
(d) Applicability This section shall apply to any advance payment, bid deposit, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian on or after December 18, 2018 .