on such terms and conditions and under such rules and regulations as the Secretary of the Interior may prescribe, and the proceeds derived therefrom shall be used for the benefit of the allottee or heir so disposing of his land or interest, under the supervision of the Commissioner of Indian Affairs; and any conveyance made hereunder and approved by the Secretary of the Interior shall convey full title to the land or interest so sold, the same as if fee-simple patent had been issued to the allottee. (Mar. 1, 1907, ch. 2285, 34 Stat. 1018.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such 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 such 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.

§ 406. Sale of timber on allotments held under trust.

The timber on any Indian allotment held under a trust or other patent containing restrictions on alienations may be sold by the allottee, with the consent of the Secretary of the Interior, and the proceeds thereof shall be paid to the allottee or disposed of for his benefit under regulations to be prescribed by the Secretary of the Interior. (June 25, 1910, ch. 431, § 8, 36 Stat. 857.)

§ 407. Sale of timber on unallotted lands.

The mature living and dead and down timber on unallotted lands of any Indian reservation may be sold under regulations to be prescribed by the Secretary of the Interior, and the proceeds from such sales shall be used for the benefit of the Indians of the reservation in such manner as he may direct: Provided, That this section shall not apply to the States of Minnesota and Wisconsin. (June 25, 1910, ch. 431, § 7, 36 Stat. 857.)

S$ 407a-407c. Omitted.

CODIFICATION

The authority granted by these sections to modify contracts of sale of tribal timber, acts Mar. 4, 1933, ch. 275, §§ 1-3, 47 Stat. 1568; June 16, 1933, ch. 104, 48 Stat. 311; Mar. 5, 1934, ch. 46, 48 Stat. 397; May 6, 1936, ch. 340, 49 Stat. 1266, expired on Sept. 4, 1936, by virtue of the amendment of May 6, 1936.

§ 408. Surrender of allotments by relinquishment for benefit of children.

In any case where an Indian has an allotment of land, or any right, title, or interest in such an allotment, the Secretary of the Interior, in his discretion, may permit such Indian to surrender such allotment, or any right, title, or interest therein, by such formal relinquishment as may be prescribed by the Secretary of the Interior, for the benefit of any of his or her children to whom no allotment of land shall have been made; and thereupon the Secretary of the Interior shall cause the estate so relinquished to be allotted to such child or children subject to all conditions which attached to it before such relinquishment. (June 25, 1910, ch. 431, § 3, 36 Stat. 856.)

§ 409. Sale of lands within reclamation projects. Any Indian allotted lands under any law or treaty without the power of alienation, and within a reclamation project approved by the Secretary of the Interior, may sell and convey any part thereof, under rules and regulations prescribed by the Secretary of the Interior, but such conveyance shall be subject to his approval, and when so approved shall convey full title to the purchaser the same as if final patent without restrictions had been issued to the allottee: Provided, That the consideration shall be placed in the Treasury of the United States, and used by the Commissioner of Indian Affairs to pay the construction charges that may be assessed against the unsold part of the allotment, and to pay the maintenance charges thereon during the trust period, and any surplus shall be a benefit running with the water right to be paid to the holder thereof. (June 21, 1906, ch. 3504, 34 Stat. 327.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such 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 such 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

Fort Peck Project, acquisition of lands for, see sections 8331-833p of Title 16, Conservation.

§ 409a. Sale of restricted lands; reinvestment in other restricted lands.

Whenever any nontaxable land of a restricted Indian of the Five Civilized Tribes or of any other Indian tribe is sold to any State, county, or municipality for public-improvement purposes, or is acquired, under existing law, by any State, county, or municipality by condemnation or other proceedings for such public purposes, or is sold under existing law to any other person or corporation for other purposes, the money received for said land may, in the discretion and with the approval of the Secretary of the Interior, be reinvested in other lands selected by said Indian, and such land so selected and purchased shall be restricted as to alienation, lease, or incumbrance, and nontaxable in the same quantity and upon the same terms and conditions as the nontaxable lands from which the reinvested funds were derived, and such restrictions shall appear in the conveyance. (Mar. 2, 1931, ch. 374, 46 Stat. 1471; June 30, 1932, ch. 333, 47 Stat. 474.)

§ 410. Moneys from lease or sale of trust lands not liable for certain debts.

No money accruing from any lease or sale of lands held in trust by the United States for any Indian shall become liable for the payment of any debt of, or claim against, such Indian contracted or arising during such trust period, or, in case of a minor, during his minority, except with the approval and consent of the Secretary of the Interior. (June 21, 1906, ch. 3504, 34 Stat. 327.)

§ 411. Interest on moneys from proceeds of sale.

The shares of money due minor Indians as their proportion of the proceeds from the sale of ceded or tribal Indian lands, whenever such shares have been withheld from their parents, legal guardians, or others, and retained in the United States Treasury by direction of the Secretary of the Interior, shall draw interest at the rate of 3 per centum per annum, ⚫ unless otherwise provided for, from the period when such proceeds have been or shall be distributed per capita among the members of the tribe of which such minor is a member; and the Secretary of the Treasury is authorized and directed to allow interest on such unpaid amounts belonging to said minors as shall be certified by the Secretary of the Interior as entitled to draw interest under this section. (June 21, 1906, ch. 3504, 34 Stat. 327.)

§412. Payment of taxes from share of allottee in tribal funds.

In any case where the restrictions as to alienation have been removed with respect to any Indian allottee, or as to any portion of the lands of any Indian allottee, and such allottee as an individual, or as a member of any tribe, has an interest in any fund held by the United States beyond the amount by law chargeable to such Indian or tribe on account of advances, the Commissioner of Indian Affairs is authorized, prior to the date at which any penalties for the nonpayment of taxes would accrue under the laws of the State or Territory in which such land is situated, to pay such taxes and charge the amount thereof to such allottee, to be deducted from the share of such allottee in the final distribution or payment to him from such fund: Provided, That no such payment shall be made by said commissioner where it is in excess of the amount which will ultimately be due said allottee. (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such 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 such 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.

8412a. Exemption from taxation of lands subject to restrictions against alienation; determination of homestead.

All homesteads, heretofore purchased out of the trust or restricted funds of individual Indians, are declared to be instrumentalities of the Federal Government and shall be nontaxable until otherwise directed by Congress: Provided, That the title to such homesteads shall be held subject to restrictions against alienation or encumbrance except with the approval of the Secretary of the Interior: And provided further, That the Indian owner or owners shall select, with the approval of the Secretary of the Interior, either the agricultural and grazing lands, not exceeding a total of one hundred and sixty acres, or the village, town, or city property, not

exceeding in cost $5,000, to be designated as a homestead. (June 20, 1936, ch. 622, § 2, 49 Stat. 1542; May 19, 1937, ch. 227, 50 Stat. 188.)

§ 413. Fee to cover expense of sale of allotments or leases of tribal or allotted lands.

The Secretary of the Interior is authorized, in his discretion, and under such rules and regulations as he may prescribe, to collect reasonable fees to cover the cost of any and all work performed for Indian tribes or for individual Indians, to be paid by vendees, lessees, or assignees, or deducted from the proceeds of sale, leases, or other sources of revenue: Provided, That the amounts so collected shall be covered into the Treasury as miscellaneous receipts, except when the expenses of the work are paid from Indian tribal funds, in which event they shall be credited to such funds. (Feb. 14, 1920, ch. 75, § 1, 41 Stat. 415; Mar. 1, 1933, ch. 158, 47 Stat. 1417.) § 414. Reservation of minerals in sale of ChoctawChickasaw lands.

After August 25, 1937, in all sales of tribal lands of the Choctaw and Chickasaw Indians in Oklahoma provided for by existing law, the Secretary of the Interior is authorized to offer such lands for sale subject to a reservation of the mineral rights therein, including oil and gas, for the benefit of said Indians, whenever in his judgment the interests of the Indians will best be served thereby. (Aug. 25, 1937, ch. 778, 50 Stat. 810.)

Chapter 13.-CEDED INDIAN LANDS §§ 421-427. Transferred.

CODIFICATION

Sections are now set out as sections 179, 180, 187b, 731, and 1195–1197 of Title 43, Public Lands. They were derived as follows: § 421 from act May 17, 1900, ch. 479, § 1, 31 Stat. 179; § 422 from act Jan. 26, 1901, ch. 180, 31 Stat. 740; § 423 from act May 22, 1902, ch. 821, § 2, 32 Stat. 203; § 424 from act Mar. 3, 1901, ch. 832, § 1, 31 Stat. 1077; 425 from act June 6, 1912, ch. 155, 37 Stat. 125; § 426 from act Mar. 3, 1891, ch. 561, § 10, 26 Stat. 1099; and § 427 from act Feb. 9, 1903, ch. 531, 32 Stat. 820.

Sec.

PUEBLO AND CANONCITO NAVAJO INDIANS

621. Portions of tribal lands to be held in trust by the United States; remainder to become part of the public domain.

622. Exchange of tribal lands; title to lands.

623. Disbursement of deposits in the United Pueblos Agency.

REHABILITATION OF NAVAJO AND HOPI TRIBES 631. Basic program for conservation and development of resources; projects; appropriations.

632. Character and extent of administration; time limit; reports on use of funds.

633. Preference in employment; on-the-job training. 634. Loans to Tribes or individual members; loan fund. 635. Lease of restricted lands; renewals.

636. Adoption of constitution by Navajo Tribe; method; contents.

637. Use of Navajo tribal funds.

638. Participation by Tribal Councils; recommendations. 639. Additional Social Security contributions to States. 640. Joint Congressional Committee.

(a) Establishment and composition; vacancies;

chairman.

(b) General functions; aid to standing committees; reports; consultations with Commissioner.

(c) Hearings; witnesses and evidence; oaths; application of other laws.

(d) Employment of personnel.
(e) Appropriations; disbursements.

INDIANS OF CALIFORNIA

651. Definitions.

652. Claims against United States for appropriated lands; submission to Court of Claims; appeal; grounds for relief.

653. Statutes of limitations unavailable against claims; amount of decree; set-off.

654. Claims presented by petition; filing date; amendment; signature and verification; official letters, documents, etc. furnished.

655. Reimbursement of State of California for necessary costs and expenses.

656. Judgment amount deposited in Treasury to credit of Indians; interest rate; use of fund.

657. Revision of roll of Indians.

658. Distribution of $150 from fund to each enrolled Indian.

lar tribe, under any Act of Congress, nor to prevent such employees having Indian blood from being members of or receiving benefits by reason of their membership in Indian tribes, corporations, or cooperative associations organized by the Indians, when authorized by the Secretary of the Interior under appropriate regulations to be promulgated by him. (June 19, 1939, ch. 210, 53 Stat. 840.)

REFERENCES IN TEXT

Section 87 of this title, referred to in the text, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and is now covered by section 437 of Title 18, Crimes and Criminal Procedure.

CODIFICATION

Section is comprised of final proviso of act June 19, 1939. Remaining provisions of said act are duplicated as sections 68a and 87a of this title.

§ 442. Livestock loans; cash settlements.

All acceptances of cash settlements by the Commissioner of Indian Affairs for livestock lent by the United States to any individual Indian, or to any tribe, association, corporation, or other group of Indians, and all sales and relending of livestock repaid in kind to the United States on account of such loans are authorized and ratified: Provided, That hereafter the value of such livestock for the purposes of any such cash settlement shall be based on prevailing market prices in the area and shall be ascertained by a committee composed of three members, one of whom shall be selected by the superintendent of the particular agency, one of whom shall be selected by the chairman of the tribal council, and one of whom shall be selected by the other two members. (May 24, 1950, ch. 197, § 1, 64 Stat. 190.)

§ 443. Same; disposition of cash settlements.

Any moneys hereafter received in settlement of such debts or from the sale of livestock so repaid to the United States shall be deposited in the revolving fund established pursuant to sections 461-479 and 501-509 of this title, as amended and supplemented. (May 24, 1950, ch. 197, § 2, 64 Stat. 190.) § 444. Indian hospital services for non-Indians.

In any areas where there are inadequate hospital beds and health facilities available to serve the nonIndian population, the Secretary of the Interior is authorized in his discretion to make available to non-Indians, hospital and health facilities operated by the Indian Bureau which are not being utilized for Indians, at such fees and under such terms and conditions as he may prescribe: Provided, That the fees charged will not be less than the per diem cost per patient of operating and maintaining the hospital or the health activity. (Apr. 3, 1952, ch. 129,

§ 1, 66 Stat. 35.)

§ 445. Transfers of Indian hospitals.

Whenever the health needs of the Indians can be better met thereby, the Secretary of the Interior is authorized in his discretion to enter into contracts with any State, Territory, or political subdivision thereof, or any appropriate Federal, State, Terri

tory, or political subdivision thereof, or private nonprofit corporation, agency, or institution providing for the transfer by the Indian Bureau of Indian hospitals or other health facilities, including initial operating equipment and supplies. It shall be a condition of each such transfer that all facilities transferred shall be available to meet the health needs of the Indians and that such health needs shall be given priority over those of the non-Indian population. No hospital or health facility that has been constructed or maintained for a specific tribe of Indians, or for a specific group of tribes, shall be transferred to a non-Indian entity or organization under this section unless such action has been approved by the governing body of the tribe, or by the governing bodies of a majority of the tribes, for which such hospital or health facility has been constructed or maintained. (Apr. 3, 1952, ch. 129, § 2, 66 Stat. 35.)

§ 446. Contracts with physicians for medical services. The Secretary of the Interior is also authorized to enter into contracts with any physicians duly licensed by any State or Territory to provide medical attention or services to Indians, and to expend under such contract funds appropriated by Congress for medical attention to Indians. (Apr. 3, 1952, ch. 129, § 3, 66 Stat. 35.)

§ 447. Standards of medical services.

Any contracts entered into pursuant to sections 444-449 of this title shall provide that the standards of services to be rendered to Indians shall not be less than the standards established by the Secretary of the Interior; that the same services shall be rendered to Indian patients as is rendered to other patients and that Indian patients shall not be segregated from other patients. (Apr. 3, 1952, ch. 129, § 4, 66 Stat. 35.)

§ 448. Regulations relating to hospitals and medical service.

The Secretary of the Interior is also authorized to make such other regulations as he deems desirable to carry out the provisions of sections 444-449 of this title. (Apr. 3, 1952, ch. 129, § 5, 66 Stat. 35.) § 449. Proceeds from hospital services for non-Indians. Proceeds to be derived under section 444 of this title shall be deposited in the Treasury to the credit of the appropriation from which the hospitalization or medical services are provided, and shall be available for expenditure for the purposes for which the appropriation was made. (Apr. 3, 1952, ch. 129, § 6, 66 Stat. 36.)

CONTRACTS WITH STATES

§ 451. Donations for Indian institutions; authority to accept.

The Secretary of the Interior is authorized in his discretion to accept contributions or donations of funds or other property, real, personal, or mixed, which may be tendered to, or for the benefit of, Federal Indian schools, hospitals, or other institutions

conducted for the benefit of Indians, or for the advancement of the Indian race, and to apply or dispose of such donations for the use and benefit of such school, hospital, or other institution or for the benefit of individual Indians. (Feb. 14, 1931, ch. 171, 46 Stat. 1106.)

CROSS REFERENCES

Deposit of funds received in Treasury as trust funds, see section 725s of Title 31, Money and Finance.

§ 452. Contracts for education, medical attention, relief and social welfare of Indians.

The Secretary of the Interior is authorized, in his discretion, to enter into a contract or contracts with any State or Territory, or political subdivision thereof, or with any State university, college, or school, or with any appropriate State or private corporation, agency, or institution, for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory, through the agencies of the State or Territory or of the corporations and organizations hereinbefore named, and to expend under such contract or contracts, moneys appropriated by Congress for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory. (Apr. 16, 1934, ch. 147, § 1, 48 Stat. 596; June 4, 1936, ch. 490, 49 Stat. 1458.)

§ 453. Same; use of Government property by States and Territories.

The Secretary of the Interior, in making any contract authorized by sections 452-454 of this title, may permit such contracting party to utilize, for the purposes of said sections, existing school buildings, hospitals, and other facilities, and all equipment therein or appertaining thereto, including livestock and other personal property owned by the Government, under such terms and conditions as may be agreed upon for their use and maintenance. (Apr. 16, 1934, ch. 147, § 2, 48 Stat. 596; June 4, 1936, ch. 490, 49 Stat. 1458.)

§ 454. Same; rules and regulations; minimum standards of service.

The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations, including minimum standards of service, as may be necessary and proper for the purpose of carrying the provisions of sections 452454 of this title into effect: Provided, That such minimum standards of service are not less than the highest maintained by the States or Territories within which said contract or contracts, as herein provided, are to be effective. (Apr. 16, 1934, ch. 147, § 3, 48 Stat. 596; June 4, 1936, ch. 490, 49 Stat. 1458.)

§ 455. Same; annual reports to Congress.

The Secretary of the Interior shall report annually to the Congress any contract or contracts made under the provisions of sections 452-454 of this title, and the moneys expended thereunder. (Apr. 16, 1934, ch. 147, § 4, 48 Stat. 596; June 4, 1936, ch. 490, 49 Stat. 1458.)