CHAPTER 6 - GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS
Title 25 > CHAPTER 6
Sections (21)
§ 211 Creation of Indian reservations
No Indian reservation shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of New Mexico and Arizona, except by Act of Congress. ( May 25, 1918, ch. 86, § 2 , 40 Stat. 570 .)
§§ 212 to 215 Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862
§ 216 Repealed. Pub. L. 86–634, § 4, July 12, 1960, 74 Stat. 469
§§ 217 to 218 Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862
§§ 219 to 226 Repealed. May 21, 1934, ch. 321, 48 Stat. 787
§§ 227, 228 Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862
§ 229 Injuries to property by Indians
If any Indian, belonging to any tribe in amity with the United States, shall, within the Indian country, take or destroy the property of any person lawfully within such country, or shall pass from Indian country into any State or Territory inhabited by citizens of the United States, and there take, steal, or destroy, any horse, or other property belonging to any citizen or inhabitant of the United States, such citizen or inhabitant, his representative, attorney, or agent, may make application to the proper superintendent, agent, or subagent, who, upon being furnished with the necessary documents and proofs, shall, under the direction of the President, make application to the nation or tribe to which such Indian shall belong, for satisfaction; and if such nation or tribe shall neglect or refuse to make satisfaction, in a reasonable time not exceeding twelve months, such superintendent, agent, or subagent shall make return of his doings to the Commissioner of Indian Affairs, that such further steps may be taken as shall be proper, in the opinion of the President, to obtain satisfaction for the injury. (R.S. § 2156.)
§ 230 Depositions by agents touching depredations
The superintendents, agents, and subagents within their respective districts are authorized and empowered to take depositions of witnesses touching any depredations, within the purview of sections 227, 228 1 and 229 of this title, and to administer oaths to the deponents. (R.S. § 2157.)
§ 231 Enforcement of State laws affecting health and education; entry of State employees on Indian lands
The Secretary of the Interior, under such rules and regulations as he may prescribe, shall permit the agents and employees of any State to enter upon Indian tribal lands, reservations, or allotments therein (1) for the purpose of making inspection of health and educational conditions and enforcing sanitation and quarantine regulations or (2) to enforce the penalties of State compulsory school attendance laws against Indian children, and parents, or other persons in loco parentis except that this subparagraph (2) shall not apply to Indians of any tribe in which a duly constituted governing body exists until such body has adopted a resolution consenting to such application. ( Feb. 15, 1929, ch. 216 , 45 Stat. 1185 ; Aug. 9, 1946, ch. 930 , 60 Stat. 962 .)
§ 232 Jurisdiction of New York State over offenses committed on reservations within State
The State of New York shall have jurisdiction over offenses committed by or against Indians on Indian reservations within the State of New York to the same extent as the courts of the State have jurisdiction over offenses committed elsewhere within the State as defined by the laws of the State: Provided , That nothing contained in this section shall be construed to deprive any Indian tribe, band, or community, or members thereof, 1 hunting and fishing rights as guaranteed them by agreement, treaty, or custom, nor require them to obtain State fish and game licenses for the exercise of such rights. ( July 2, 1948, ch. 809 , 62 Stat. 1224 .)
§ 233 Jurisdiction of New York State courts in civil actions
The courts of the State of New York under the laws of such State shall have jurisdiction in civil actions and proceedings between Indians or between one or more Indians and any other person or persons to the same extent as the courts of the State shall have jurisdiction in other civil actions and proceedings, as now or hereafter defined by the laws of such State: Provided , That the governing body of any recognized tribe of Indians in the State of New York shall have the right to declare, by appropriate enactment prior to September 13, 1952 , those tribal laws and customs which they desire to preserve, which, on certification to the Secretary of the Interior by the governing body of such tribe shall be published in the Federal Register and thereafter shall govern in all civil cases involving reservation Indians when the subject matter of such tribal laws and customs is involved or at issue, but nothing herein contained shall be construed to prevent such courts from recognizing and giving effect to any tribal law or custom which may be proven to the satisfaction of such courts: Provided further , That nothing in this section shall be construed to require any such tribe or the members thereof to obtain fish and game licenses from the State of New York for the exercise of any hunting and fishing rights provided for such Indians under any agreement, treaty, or custom: Provided further , That nothing herein contained shall be construed as subjecting the lands within any Indian reservation in the State of New York to taxation for State or local purposes, nor as subjecting any such lands, or any Federal or State annuity in favor of Indians or Indian tribes, to execution on any judgment rendered in the State courts, except in the enforcement of a judgment in a suit by one tribal member against another in the matter of the use or possession of land: And provided further , That nothing herein contained shall be construed as authorizing the alienation from any Indian nation, tribe, or band of Indians of any lands within any Indian reservation in the State of New York: Provided further , That nothing herein contained shall be construed as conferring jurisdiction on the courts of the State of New York or making applicable the laws of the State of New York in civil actions involving Indian lands or claims with respect thereto which relate to transactions or events transpiring prior to September 13, 1952 . ( Sept. 13, 1950, ch. 947, § 1 , 64 Stat. 845 .)
§§ 241 to 250 Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862
§ 251 Repealed. Pub. L. 115–304, § 1, Dec. 11, 2018, 132 Stat. 4401
§ 252 Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862
§ 253 Wines for sacramental purposes
It shall not be unlawful to introduce and use wines solely for sacramental purposes, under church authority, at any place within the Indian country or any Indian reservation, including the Pueblo Reservations in New Mexico. ( Aug. 24, 1912, ch. 388, § 1 , 37 Stat. 519 .)
§ 254 Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862
§ 261 Power to appoint traders with Indians
The Commissioner of Indian Affairs shall have the sole power and authority to appoint traders to the Indian tribes and to make such rules and regulations as he may deem just and proper specifying the kind and quantity of goods and the prices at which such goods shall be sold to the Indians. ( Aug. 15, 1876, ch. 289, § 5 , 19 Stat. 200 .)
§ 262 Persons permitted to trade with Indians
Any person desiring to trade with the Indians on any Indian reservation shall, upon establishing the fact, to the satisfaction of the Commissioner of Indian Affairs, that he is a proper person to engage in such trade, be permitted to do so under such rules and regulations as the Commissioner of Indian Affairs may prescribe for the protection of said Indians. ( Mar. 3, 1901, ch. 832, § 1 , 31 Stat. 1066 ; Mar. 3, 1903, ch. 994, § 10 , 32 Stat. 1009 .)
§ 263 Prohibition of trade by President
The President is authorized, whenever in his opinion the public interest may require the same, to prohibit the introduction of goods, or of any particular article, into the country belonging to any Indian tribe, and to direct all licenses to trade with such tribe to be revoked, and all applications therefor to be rejected. No trader to any other tribe shall, so long as such prohibition may continue, trade with any Indians of or for the tribe against which such prohibition is issued. (R.S. § 2132.)
§ 264 Trading without license; white persons as clerks
Any person other than an Indian of the full blood who shall attempt to reside in the Indian country, or on any Indian reservation, as a trader, or to introduce goods, or to trade therein, without such license, shall forfeit all merchandise offered for sale to the Indians or found in his possession, and shall moreover be liable to a penalty of $500: Provided , That this section shall not apply to any person residing among or trading with the Choctaws, Cherokees, Chickasaws, Creeks, or Seminoles, commonly called the Five Civilized Tribes, residing in said Indian country, and belonging to the Union Agency therein: And provided further , That no white person shall be employed as a clerk by any Indian trader, except such as trade with said Five Civilized Tribes, unless first licensed so to do by the Commissioner of Indian Affairs, under and in conformity to regulations to be established by the Secretary of the Interior. (R.S. § 2133; July 31, 1882, ch. 360 , 22 Stat. 179 .)