United States Code

§ 93. Repealed. Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1111.

Section, acts June 25, 1910, ch. 431, § 23, 36 Stat. 861; May 18, 1916, ch. 125, § 1, 39 Stat. 126; Jan. 12, 1927, ch. 27, 44 Stat. 936, related to the purchase of Indian supplies and services. The same subject matter is now covered by sections 5, 6a and 6b of Title 41, Public Contracts.

Construction of repeal, see note under section 6a of Title 41, Public Contracts.

§ 94. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1028. Section, act Apr. 30, 1908, ch. 153, 35 Stat. 71, related to the purchase of supplies, advertisement therefor, and supplies for irrigation works. Subject matter of section is now covered by section 5 of Title 41, Public Contracts. § 95. Repealed. Mar. 27, 1939, ch. 18, 53 Stat. 551.

Section, acts June 22, 1874, ch. 389, § 6, 18 Stat. 176; Mar. 3, 1875, ch. 132, § 9, 18 Stat. 450; May 18, 1916, ch. 125, § 1, 39 Stat. 129, referred to bids under advertisements for goods or supplies.

§ 96. Copies of contracts furnished to General Accounting Office before payment.

Copies of all contracts made by the Commissioner of Indian Affairs, or any other officer of the Government for the Indian Service, shall be furnished to the General Accounting Office before any payment shall be made thereon. (Mar. 3, 1875, ch. 132, § 7, 18 Stat. 450; July 31, 1894, ch. 174, §§ 3, 7, 28 Stat. 205, 206; June 10, 1921, ch. 18, § 304, 42 Stat. 24.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Deposit of contracts in General Accounting Office, see section 20 of Title 41, Public Contracts.

§ 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; and an abstract of all bids or proposals received for the supplies or services embraced in any contract shall be attached to, and filed with, the said contract when the same is filled in the General Accounting Office. (Aug. 15, 1876, ch. 289, § 3, 19 Stat. 199; July 31, 1894, ch. 174, § 4, 28 Stat. 205; June 21, 1906, ch. 3504, 34 Stat. 328; June 10, 1921, ch. 18, § 304, 42 Stat. 24.)

TRANSFER OF FUNCTIONS

The function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency was transferred to a Procurement Division in the Treasury Department by Ex. Ord. No. 6166, June 10, 1933, set out in

note to section 132 of Title 5, Executive Departments and Government Officers and Employees.

Effective Jan. 1, 1947, the name of the Procurement Division of the Treasury Department was changed to the Bureau of Federal Supply by regulation § 5.7 of subpart A of Part 5 of Title 41, Public Contracts, 11 F. R. 13638, issued by the Secretary of the Treasury under the authority of section 22 of Title 5, Executive Departments and Government Officers and Employees. The functions of Bureau of Federal Supply were transferred to the Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380. See section 630a of Title 5. Executive Departments and Government Officers and Employees.

§ 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.)

DERIVATION

Act July 15, 1870, ch. 296, § 2, 16 Stat. 360.

TRANSFER OF FUNCTIONS

§ 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.)

TRANSFER OF FUNCTIONS

issued by the Secretary of the Treasury under the authority of section 22 of Title 5, Executive Departments and Government Officers and Employees. The functions of Bureau of Federal Supply were transferred to the Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380. See section 630a of Title 5, Executive Departments and Government officers and Employees.

§ 100. Repealed. Oct. 31, 1951, ch. 654, §1 (48), 65 Stat. 703.

Section, acts Mar. 3, 1877, ch. 101, § 1, 19 Stat. 291; July 7, 1898, ch. 571, § 1, 30 Stat. 676, related to transportation of Indian goods and supplies under contract or in open market.

§ 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.)

TRANSFER OF FUNCTIONS

Effective Jan. 1, 1947, the name of the Procurement Division of the Treasury Department was changed to the Bureau of Federal Supply by regulation § 5.7 of subpart A of Part 5 of Title 41, Public Contracts, 11 F. R. 13638, issued by the Secretary of the Treasury under the authority of section 22 of Title 5, Executive Departments and Government Officers and Employees. The functions of Bureau of Federal Supply were transferred to the Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380. See section 630a of Title 5, Executive Departments and Government Officers and Employees.

§ 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.)

TRANSFER OF FUNCTIONS

The functions of the Archivist were transferred to the Administrator of General Services by section 104 (a) of act June 30, 1949, ch. 288, title I, 63 Stat. 381. Section 104 (a) is set out as section 391 (a) of Title 44, Public Printing and Documents.

EFFECTIVE Date of TransFER OF FUNCTIONS Transfer of functions effective July 1, 1949, see note. set out under section 471 of Title 40. Public Buildings, Property, and Works.

§ 103. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1028.

Section, act Apr. 30, 1908, ch. 153, 35 Stat. 73, related to the maintenance of warehouses for goods of the Indian Service.

§ 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.)

TRANSFER OF FUNCTIONS

Effective Jan. 1, 1947, the name of the Procurement Division of the Treasury Department was changed to the Bureau of Federal Supply by regulation § 5.7 of subpart A of Part 5 of Title 41, Public Contracts, 11 F. R. 13638, Issued by the Secretary of the Treasury under the authority of section 22 of Title 5, Executive Departments and Government Officers and Employees. The functions of Bureau of Federal Supply were transferred to the Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380. See section 630a of Title 5, Executive Departments and Government Officers and Employees.

DISBURSEMENT OF MONEYS AND SUPPLIES

§ 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.) DERIVATION

Acts June 30, 1834, ch. 162, § 11, 4 Stat. 737; Mar. 3, 1847, ch. 66, § 3, 9 Stat. 203; Aug. 30, 1852, ch. 103, § 3, 10 Stat. 56; July 15, 1870, ch. 296, §§ 2, 3, 16 Stat. 360.

CROSS REFERENCES

Allowances to Sioux Indians, see section 474 of this

title.

Mission schools to receive rations for enrolled children, see section 279 of this title.

§ 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.)

DERIVATION

Act June 30, 1834, ch. 162, § 13, 4 Stat. 737.

TRANSFER OF FUNCTIONS

There have been no Indian agents since 1908. See note under section 64 of this title.

CROSS REFERENCES

Mode of distribution of goods, see section 132 of this title.

§ 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.)

DERIVATION

Act Mar. 3, 1857, ch. 90, § 1, 11 Stat. 169.

TRANSFER OF FUNCTIONS

The function of disbursement of moneys of the United States by any agency, except as to the Department of the Army, Navy Department, and Panama Canal, was transferred to the Treasury Department, and, together with the Office of Disbursing Clerk of that Department, was consolidated in a Division of Disbursement, by section 4 of Ex. Ord. No. 6166, June 10, 1933, and Ex. Ord. No. 6728, May 29, 1934, set out in note to section 132 of Title 5, Executive Departments and Government Officers and Employees.

The Division of Disbursements was consolidated in the fiscal service by 1940 Reorg. Plan No. III, § 1 (a) (3), eff. June 30, 1940, 5 F. R. 2107, 54 Stat. 1231, set out in note to section 133t of Title 5.

§ 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.)

DERIVATION

Act Mar. 3, 1865, ch. 127, § 3, 13 Stat. 561.
CROSS REFERENCES

Gold coinage discontinued, see section 315b of Title 31. Money and Finance.

§ 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.)

DERIVATION

Act June 30, 1834. ch. 162. § 12, 4 Stat. 737.

REFERENCES IN TEXT

Section 91 of this title, referred to in text, was omitted from the Code as covered by section 5 of Title 41, Public Contracts.

§ 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.)

TRANSFER OF FUNCTIONS

§ 117. Payments per capita to individual Indians.

Any sums of money to be paid per capita to individual Indians shall be paid to said Indians by an officer of the Government designated by the Secretary of the Interior. (June 10, 1896, ch. 398, § 1, 29 Stat. 336.)

TRANSFER OF FUNCTIONS Disbursement of moneys, see note under section 113 of this title.

§ 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.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and em

ployees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

Disbursement of moneys, see note under section 113 of this title.

CROSS REFERENCES

Public accounts to be settled in General Accounting Office, see sections 71 and 72 of Title 31, Money and Finance.

§ 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 Court of Claims or in the Executive Departments of the Government, at time of such apportionment and allotment. 2, 1907, ch. 2523, § 1, 34 Stat. 1221.)

CROSS REFERENCES

(Mar.

Trust funds on deposit in Treasury, see section 725s of Title 31, Money and Finance, and note thereto.

§ 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 36-500 0-6 vol. 66

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.)

CROSS REFERENCES

Trust funds on deposit in Treasury, see section 725s of Title 31, Money and Finance, and note thereto.

§ 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.)

DERIVATION

Act July 26, 1866, ch. 266, § 2, 14 Stat. 280.

§ 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 continued in full force and effect: Provided, That this shall not change existing law with reference to the Five Civilized Tribes. ch. 125, § 27, 39 Stat. 158.)

CROSS REFERENCES

(May 18, 1916.

Insurance for protection of tribal property authorized to be paid for out of tribal funds, see section 123a of this title.

Trust funds on deposit in Treasury, see section 725s of Title 31, Money and Finance, and note thereto.

§ 123a. Tribal funds; use to purchase insurance for protection of tribal property.

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.)

AMENDMENTS

1946-Act Aug. 2, 1946, provided for the use of funds to pay premium on personal and property damage insurance. § 123b. Tribal funds for traveling and other expenses. 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.)

§ 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.)

CROSS REFERENCES

Insurance for protection of tribal property authorized to be paid for out of tribal funds, see section 123a of this title.

§ 126. Payment of claims for Indian depredations.

CODIFICATION

Section, R.S. § 2098, is omitted. The Secretary of the Interior recommends that this section be repealed as present day conditions make it unnecessary.

§ 127. Moneys or annuities of hostile Indians.

No moneys or annuities stipulated by any treaty with an Indian tribe for which appropriations are made shall be expended for, or paid, or delivered to any tribe which, since the next preceding payment under such treaty, has engaged in hostilities against the United States, or against its citizens peacefully or lawfully sojourning or traveling within its jurisdiction at the time of such hostilities; nor in such case shall such stipulated payments or deliveries be resumed until new appropriations shall have been made therefor by Congress. (R. S. § 2100; May 29, 1928, ch. 901, § 1, 45 Stat. 992.)

DERIVATION

Act Mar. 2, 1867, ch. 173, § 2, 14 Stat. 515.

§ 128. Appropriations not paid to Indians at war with United States.

None of the appropriations made for the Indian Service shall be paid to any band of Indians or any portion of any band while at war with the United States or with the white citizens of any of the States or Territories. (Mar. 3, 1875, ch. 132, § 2, 18 Stat. 449.)

TRANSFER OF FUNCTIONS

§ 129. Moneys due Indians holding captives other than Indians withheld.

The Secretary of the Interior is authorized to withhold, from any tribe of Indians who may hold any captives other than Indians, any moneys due them from the United States until said captives shall be surrendered to the lawful authorities of the United States. (Mar. 3, 1875, ch. 132, § 1, 18 Stat. 424.)

§ 130. Withholding of moneys or goods on account of intoxicating liquors.

No annuities, or moneys, or goods, shall be paid or distributed to Indians while they are under the influence of any description of intoxicating liquor, nor while there are good and sufficient reasons lead

ing the officers or agents, whose duty it may be to make such payments or distribution, to believe that there is any species of intoxicating liquor within convenient reach of the Indians, nor until the chiefs and headmen of the tribe shall have pledged themselves to use all their influence and to make all proper exertions to prevent the introduction and sale of such liquor in their country. (R. S. § 2087.) DERIVATION

Act Mar. 3, 1847, ch. 66, § 3, 9 Stat. 203.

§ 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.)

DERIVATION

Act June 27, 1846, ch. 34, § 1, 9 Stat. 20.
TRANSFER OF FUNCTIONS

§ 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.)

DERIVATION

Act Apr. 10, 1869, ch. 16, § 2, 16 Stat. 39.
INDIAN AGENTS

There have been no Indian agents since 1908. See note under section 64 of this title.

CROSS REFERENCES

Persons present at delivery of goods, see section 112 of this title.

§ 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

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United States Code, Volum 6