United States Code

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 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 Ind ans of Wisconsin. (June 30, 1919, ch. 4, § 1, 41 Stat. 9.)

REFERENCES IN TEXT

Section 162 of this title, referred to in text, was repealed by act June 24, 1938, ch. 648, § 2, 52 Stat 1037, and is now covered by section 162a of this title.

CROSS REFERENCES Membership roll for Yakima Tribes. see section 601 et seq. of this title.

§ 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. 283, § 1, Sept. 22, 1961, 75 Stat. 584.)

(Pub. L. 87

§ 165. Same; 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 Committees on Interior and Insular Affairs of the Senate and 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.)

§§ 171-173. Repealed. May 21, 1934, ch. 321, 48 Stat. 787.

Sections, R.S. §§ 2111-2113, related to the sending or carrying of seditious messages to Indian tribes and to carrying on correspondence with foreign nations with intent to induce such nation to excite Indian tribes to war with the United States and prescribed penalties of $2,000, $1,000 and $1,000, respectively.

§ 174. Superintendence by President over tribes west of Mississippi.

The President is authorized to exercise general superintendence and care over any tribe or nation which was removed upon an exchange of territory under authority of the act of May 28, 1830. "to provide for an exchange of lands with the Indians residing in any of the States or Territories, and for their removal west of the Mississippi"; and to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever. (R. S. § 2114.)

DERIVATION

Act May 28, 1830, ch. 148, §§ 7, 8, 4 Stat. 412

§ 175. United States attorneys to represent Indians. In all States and Territories where there are reservations or allotted Indians the United States attorney shall represent them in all suits at law and in equity. (Mar. 3, 1893, ch. 209, § 1, 27 Stat. 631; June 25, 1948, ch. 646, § 1, 62 Stat. 909.)

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorney" for "United States district attorney". See section 501 of Title 28, Judiciary and Judicial Procedure.

§ 176. Survey of reservations.

Whenever it becomes necessary to survey any Indian or other reservations, or any lands, the same

shall be surveyed under the direction and control of the Bureau of Land Management, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed. (R. S. § 2115; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Act Apr. 8, 1864, ch. 48, § 6, 13 Stat. 41.

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.

"Bureau of Land Management" was substituted for "General Land Office" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of Title 43, Public Lands. CROSS REFERENCES

General provisions relating to surveys of land are contained in Title 43, Public Lands.

§ 177. Purchases or grants of lands from Indians.

No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of $1,000. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty. (R. S. § 2116.)

DERIVATION

Act June 30, 1834, ch. 161, § 12, 4 Stat. 730.
CROSS REFERENCES

Patents to be held in trust, descent and partition, see section 348 of this title.

§ 178. Fees on behalf of Indian parties in contests under public land laws.

In contests initiated by or against Indians, to an entry, filing or other claims, under the laws of Congress relating to public lands for any sufficient cause affecting the legality or validity of the entry, filing or claim, the fees to be paid by and on behalf of the Indian party in any case shall be one-half of the fees provided by law in such cases, and said fees shall be paid by the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, on an account stated by the proper land officers through the Secretary of the Interior or such officer as he may designate. (Mar. 3, 1893, ch. 209, § 1, 27 Stat. 631; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

TRANSFER OF FUNCTIONS

"Secretary of the Interior or such officer as he may designate" was substituted for "Commissioner of the General Land Office" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of Title 43, Public Lands.

§ 179. Driving stock to feed on lands.

Every person who drives or otherwise conveys any stock of horses, mules, or cattle, to range and feed on any land belonging to any Indian or Indian tribe, without the consent of such tribe, is liable to a penalty of $1 for each animal of such stock. This section shall not apply to Creek lands. (R. S. § 2117; Mar. 1, 1901, ch. 676, § 37, 31 Stat. 871; June 30, 1902, ch. 1323, § 17, 32 Stat. 504.)

DERIVATION

Act June 30, 1834, ch. 161, § 9, 4 Stat. 730.
CROSS REFERENCES

Penalties, recovery of, see section 201 of this title.

§ 180. Settling on or surveying lands belonging to Indians by treaty.

Every person who makes a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or surveys or attempts to survey such lands, or to designate any of the boundaries by marking trees, or otherwise, is liable to a penalty of $1,000. The President may, moreover, take such measures and employ such military force as he may judge necessary to remove any such person from the lands. (R. S. § 2118.)

DERIVATION

Act June 30, 1834, ch. 161, § 11, 4 Stat. 730.

§ 181. Rights of white men marrying Indian women; tribal property.

No white man, not otherwise a member of any tribe of Indians, who may after August 9, 1888, marry an Indian woman, member of any Indian tribe in the United States, or any of its Territories except the Five Civilized Tribes in the Indian Territory, shall by such marriage acquire any right to any tribal property, privilege, or interest whatever to which any member of such tribe is entitled. (Aug. 9, 1888, ch. 818, § 1, 25 Stat. 392.)

§ 182. Rights of Indian women marrying white men; tribal property.

Every Indian woman, member of any such tribe of Indians, who may be married after August 9, 1888, to any citizen of the United States, is declared to become by such marriage a citizen of the United States, with all the rights, privileges, and immunities of any such citizen, being a married woman: Provided, That nothing in this section contained shall impair or in any way affect the right or title of such married woman to any tribal property or any interest therein. (Aug. 9, 1888, ch. 818, § 2, 25 Stat. 392.)

CROSS REFERENCES

Indians born within territorial limits of United States declared citizens but grant of citizenship does not affect right to tribal property, see section 1401 of Title 8, Aliens and Nationality.

§ 183. Marriage of white men to Indian women; evidence.

Whenever the marriage of any white man with any Indian woman, a member of any such tribe of Indians, is required or offered to be proved in any judicial proceeding, evidence of the admission of such fact by the party against whom the proceeding is had, or evidence of general repute, or of cohabitation as married persons, or any other circumstantial or presumptive evidence from which the fact may be inferred, shall be competent. 9, 1888, ch. 818, § 3, 25 Stat. 392.)

(Aug.

§ 184. Rights of children born of marriages between white men and Indian women.

All children born of a marriage solemnized prior to June 7, 1897, between a white man and an Indian woman by blood and not by adoption, where said Indian woman was on that date, or was at the time of her death, recognized by the tribe, shall have the same rights and privileges to the property of the tribe to which the mother belongs, or belonged at the time of her death, by blood, as any other member of the tribe, and no prior Act of Congress shall be construed as to debar such child of such right. (June 7, 1897, ch. 3, § 1, 30 Stat. 90.)

§ 185. Protection of Indians desiring civilized life. Whenever any Indian, being a member of any band or tribe with whom the Government has or shall have entered into treaty stipulations, being desirous to adopt the habits of civilized life, has had a portion of the lands belonging to his tribe allotted to him in severalty, in pursuance of such treaty stipulations, the agent and superintendent of such tribe shall take such measures, not inconsistent with law, as may be necessary to protect such Indian in the quiet enjoyment of the lands so allotted to him. (R. S. § 2119.)

DERIVATION

Act June 14. 1862, ch. 101, § 1, 12 Stat. 427.

TRANSFER OF FUNCTIONS

§ 186. Repealed. May 21, 1934, ch. 321, 48 Stat. 787. Section, R. 8. § 2120, related to trespassing on lands of civilized Indians.

§ 187. Suspension of chief for trespass.

Whenever such trespasser as is mentioned in section 186 of this title is the chief or headman of a band or tribe, the superintendent of Indian affairs in his district shall also suspend the trespasser from his office for three months, and shall during that time deprive him of all the benefits and emoluments connected therewith; but the chief or headman may

be sooner restored to his former standing if the superintendent shall so direct. (R. S. § 2121.)

DERIVATION

Act June 14, 1862, ch. 101, § 3, 12 Stat. 427.

REFERENCES IN TEXT

Section 186 of this title, referred to in text, was repealed by act May 21, 1934, ch. 321, 48 Stat. 787.

TRANSFER OF FUNCTIONS

S$ 188, 189. Repealed. Oct. 31, 1951, ch. 654, §1 (49), (50), 65 Stat. 703.

Sections, R. S. §§ 2122, 2123, related to sale of buildings belonging to the United States, and to sale of lands with buildings, and are now covered by sections 483 and 484 of Title 40, Public Buildings, Property, and Works.

§ 190. Sale of plants or tracts not needed for administrative or allotment purposes.

Subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended, the Secretary of the Interior is authorized in his discretion to sell and convey by deed or patent, under such terms and conditions as he may prescribe, at not less than their appraised value, nonreservation Government tracts or plants or tribal administrative plants or reserves, or parts thereof, not exceeding forty acres in area and not exceeding $2,000 in value, not longer needed for Indian administrative or allotment purposes, and small unallotted tracts not exceeding forty acres, where a sale will serve the tribal interests. All sales made under this section shall be at public auction, to the highest and best bidder.

And the Secretary of the Interior is further authorized, where a tract to be disposed of under this section or any other Act authorizing the disposition of tribal lands requires survey as basis for a deed or patent, to accept from the grantee, in addition to the purchase price, an amount sufficient to cover the survey costs.

The net proceeds of sale of any tribal site, plant, or tract shall be deposited in the Treasury of the United States to the credit of the Indians owning the same, to be disposed of for their benefit in accordance with existing law. (Apr. 12, 1924, ch. 93, 43 Stat. 93; Oct. 31, 1951, ch. 654, § 2 (16), 65 Stat. 707.)

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is classified to chapter 11C of Title 5, Executive Departments and Government Officers and Employees, chapter 10 of Title 40, Public Buildings, Property, and Works, section 5 and chapter 4 of Title 41, Public Contracts, and chapter 11 of Title 44, Public Printing and Documents.

AMENDMENTS

1951-Act Oct. 31, 1951, inserted the reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended, at beginning of first paragraph, and, in third paragraph, struck out the requirement that net proceeds of sales of Government

owned nontribal plants or lands be deposited in the Treasury of the United States.

CROSS REFERENCES

Proceeds from transfer, sale, etc., of property, see section 485 of Title 40, Public Buildings, Property, and Works.

§ 191. Repealed. Oct. 31, 1951, ch. 654, § 1 (51), 65 Stat. 703.

Section, acts July 1, 1898, ch. 545, § 6, 30 Stat. 596; June 25, 1910, ch. 431, § 22, 36 Stat. 861, related to transfer or sale of Government property at reservations, and is now covered by sections 483-485 of Title 40, Public Buildings, Property, and Works.

§ 192. Sale by agents of cattle or horses not required. The agent of each tribe of Indians, lawfully residing in the Indian country, is authorized to sell for the benefit of such Indians any cattle, horses, or other livestock belonging to the Indians, and not required for their use and subsistence, under such regulations as shall be established by the Secretary of the Interior. But no such sale shall be made so as to interfere with the execution of any order lawfully issued by the Secretary of the Army, connected with the movement or subsistence of troops. (R. S. § 2127.)

DERIVATION

Act Mar. 3, 1865, ch. 127, § 9, 13 Stat. 563.

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

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 certain exceptions, transferred to the Secretary of the Interior, with powers 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

Indian agents abolished, see note under section 64 of this title.

§ 193. Proceedings against goods seized for certain violations.

When goods or other property shall be seized for any violation of this title it shall be lawful for the person prosecuting on behalf of the United States to proceed against such goods, or other property, in the manner directed to be observed in the case of goods, wares, or merchandise brought into the United States in violation of the revenue laws. (R. S. § 2125.)

DERIVATION

Act June 30, 1834, ch. 161, § 28, 4 Stat. 734.

REFERENCES IN TEXT

The words "this title", referred to in the text, refers to title XXVIII, Indians, of the Revised Statutes (R. S. §§ 2039-2157). For distribution of that title of the Revised Statutes in this Code, see Distribution Tables.

§ 194. Trial of right of property; burden of proof.

In all trials about the right of property in which an Indian may be a party on one side, and a white person on the other, the burden of proof shall rest upon the white person, whenever the Indian shall make out a presumption of title in himself from the fact of previous possession or ownership. (R. S. § 2126.)

DERIVATION

Act June 30, 1834, ch. 161, § 22, 4 Stat. 733.

§ 195. Repealed. Aug. 15, 1953, ch. 506, § 2 (b), 67 Stat. 590.

Section, act July 4, 1884, ch. 180, § 1, 23 Stat. 94, related to sale of cattle purchased by Government to nontribal members.

§ 196. Sale or other disposition of dead timber.

The President of the United States may from year to year in his discretion under such regulations as he may prescribe authorize the Indians residing on reservations or allotments, the fee to which remains in the United States, to fell, cut, remove, sell or otherwise dispose of the dead timber standing, or fallen, on such reservation or allotment for the sole benefit of such Indian or Indians. But whenever there is reasonable cause to believe that such timber has been killed, burned, girdled, or otherwise injured for the purpose of securing its sale under this section then in that case such authority shall not be granted. (Feb. 16, 1889, ch. 172, 25 Stat. 673.)

CROSS REFERENCES

Mature living and dead and down timber on unallotted Indian lands to be sold under regulations prescribed by Secretary of Interior, see section 407 of this title.

§197. Repealed. June 27, 1902, ch. 1157, § 4, 32 Stat. 404.

Section, act June 7, 1897, ch. 3, § 1, 30 Stat. 90, relating to disposition of dead timber on reservations in Minnesota, was repealed by act June 27, 1902, except as to then existing contracts.

§ 198. Contagious and infectious diseases; quarantine. Whenever the Secretary of the Interior shall find any Indian afflicted with tuberculosis, trachoma, or other contagious or infectious diseases, he may, if in his judgment the health of the afflicted Indian or that of other persons require it, isolate or quarantine such afflicted Indian in a hospital or other place for treatment. The Secretary of the Interior may employ such means as may be necessary in the isolation, or quarantine, of such Indian, and it shall be the duty of such Indian so afflicted to obey any order or regulation made by the Secretary of the Interior in carrying out this provision. (Aug. 1, 1914, ch. 222,

§ 1, 38 Stat. 584.)

CROSS REFERENCES

Third party tort liability to United States for hospital and medical care, see section 2651 et seq. of Title 42, The Public Health and Welfare.

§ 199. Access to records of Five Civilized Tribes.

The Secretary of the Interior, or his accredited representative, shall at all times have access to any books and records of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes, whether in possession of any of the officers of either of said tribes or any officer or custodian thereof, of the State of Oklahoma. (Mar. 1, 1907, ch. 2285, 34 Stat. 1027.)

§ 199a. Custody of records; Oklahoma Historical Society.

Title to records of Indian tribes heretofore placed with the Oklahoma Historical Society of the State of Oklahoma by the Secretary of the Interior shall remain vested in the United States and such records shall be held by the said society under rules and regulations prescribed by the Administrator of General Services: Provided, That copies of any such records, documents, books, or papers held by the said society when certified by the secretary or chief clerk thereof under its seal, or by the officer or person acting as secretary or chief clerk, shall be evidence equally with the original, and in making such certified copies the said secretary or acting secretary and the said chief clerk or acting chief clerk shall be acting as a Federal agent, and such certified copies shall have the same force and effect as if made by the Administrator of General Services as provided in section 399 (b) of Title 44: Provided further, That whenever such certified copies are desired for official use by the Federal Government they shall be furnished without cost: Provided further, That any such records held by the said society shall be promptly returned to the Government official designated by the Administrator of General Services upon his request therefor. (Mar. 27, 1934, ch. 93, 48 Stat. 501; Oct. 25, 1951, ch. 562, § 4 (5), 65 Stat. 640.) AMENDMENTS

1951-Act Oct. 25, 1951, transferred control of the Indian tribal records, heretofore placed hereunder with the Oklahoma Historical Society, from the Secretary of the Interior to the Administrator of General Services.

CROSS REFERENCES

Management and disposition of records, see chapters 10 and 11 of Title 44, Public Printing and Documents.

§ 200. Report of offense or case of Indian incarcerated in agency jail.

Whenever an Indian shall be incarcerated in an agency jail, or any other place of confinement, on an Indian reservation or at an Indian school, a report or record of the offense or case shall be immediately submitted to the superintendent of the reservation or such official or officials as he may designate, and such report shall be made a part of the records of the agency office. (Aug. 1, 1914, ch. 222, § 1, 38 Stat. 586.)

TRANSFER OF FUNCTIONS

§ 201. Penalties; how recovered.

All penalties which shall accrue under this title shall be sued for and recovered in an action in the nature of an action of debt, in the name of the United States, before any court having jurisdiction of the same, in any State or Territory in which the defendant shall be arrested or found, the one half to the use of the informer and the other half to the use of the United States, except when the prosecution

shall be first instituted on behalf of the United States, in which case the whole shall be to their use. (R. S. § 2124.)

DERIVATION

Act June 30, 1834, ch. 161, § 27, 4 Stat. 733.

REFERENCES IN TEXT

The words "this title," as used in text, referred to title XXVIII, Indians, of the Revised Statutes (R. S. §§ 20392157). For distribution of that title of the Revised Statutes in this Code, see Distribution Tables.

FEDERAL RULES OF CIVIL PROCEDURE Parties, see rule 17, Title 28, Appendix, Judiciary and Judicial Procedure.

§ 202. Inducing conveyances by Indians of trust interests in lands.

It shall be unlawful for any person to induce any Indian to execute any contract, deed, mortgage, or other instrument purporting to convey any land or any interest therein held by the United States in trust for such Indian, or to offer any such contract, deed, mortgage, or other instrument for record in the office of any recorder of deeds. Any person violating this provision shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $500 for the first offense, and if convicted for a second offense may be punished by a fine not exceeding $500 or imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. This section shall not apply to any lease or other contract authorized by law to be made. (June 25, 1910, ch. 431, § 5, 36 Stat. 857.)

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United States Code, Volum 6