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25 U.S.C. § 5122 — Offsets of gratuities
Federal law — U.S. Code and appendices · legal_authorities
In all suits now pending in the United States Court of Federal Claims by an Indian tribe or band which have not been tried or submitted, and in any suit hereafter filed in the United States Court of Federal Claims by any such tribe or band, the United States Court of Federal Claims is directed to consider and to offset against any amount found due the said tribe or band all sums expended gratuitously by the United States for the benefit of the said tribe or band; and in all cases now pending or hereafter filed in the United States Court of Federal Claims in which an Indian tribe or band is party plaintiff, wherein the duty of the court is merely to report its findings of fact and conclusions to Congress, the said United States Court of Federal Claims is directed to include in its report a statement of the amount of money which has been expended by the United States gratuitously for the benefit of the said tribe or band: Provided, That expenditures made prior to the date of the law, treaty, agreement, or Executive order under which the claims arise shall not be offset against the claims or claim asserted; and expenditures under the Act of June 18, 1934 (48 Stat. L. 984) [[25 U.S.C. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim) et seq.], except expenditures under appropriations made pursuant to section 5 of such Act [[25 U.S.C. 5108](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5108&num=0&edition=prelim)], shall not be charged as offsets against any claim on behalf of an Indian tribe or tribes now pending in the United States Court of Federal Claims or hereafter filed: Provided further, That funds appropriated and expended from tribal funds shall not be construed as gratuities; a
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Source location: Title 25, Chapter 45, § 5122; chapter-045-protection-of-indians-and-conservation-of-resources.md
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In all suits now pending in the United States Court of Federal Claims by an Indian tribe or band which have not been tried or submitted, and in any suit hereafter filed in the United States Court of Federal Claims by any such tribe or band, the United States Court of Federal Claims is directed to consider and to offset against any amount found due the said tribe or band all sums expended gratuitously by the United States for the benefit of the said tribe or band; and in all cases now pending or hereafter filed in the United States Court of Federal Claims in which an Indian tribe or band is party plaintiff, wherein the duty of the court is merely to report its findings of fact and conclusions to Congress, the said United States Court of Federal Claims is directed to include in its report a statement of the amount of money which has been expended by the United States gratuitously for the benefit of the said tribe or band: Provided, That expenditures made prior to the date of the law, treaty, agreement, or Executive order under which the claims arise shall not be offset against the claims or claim asserted; and expenditures under the Act of June 18, 1934 (48 Stat. L. 984) [[25 U.S.C. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim) et seq.], except expenditures under appropriations made pursuant to section 5 of such Act [[25 U.S.C. 5108](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5108&num=0&edition=prelim)], shall not be charged as offsets against any claim on behalf of an Indian tribe or tribes now pending in the United States Court of Federal Claims or hereafter filed: Provided further, That funds appropriated and expended from tribal funds shall not be construed as gratuities; and this section shall not be deemed to amend or affect the various Acts granting jurisdiction to the United States Court of Federal Claims to hear and determine the claims listed on page 678 of the hearings before the subcommittee of the House Committee on Appropriations on the second deficiency appropriation bill for the fiscal year 1935: And provided further, That no expenditure under any emergency appropriation or allotment made subsequently to March 4, 1933, and generally applicable throughout the United States for relief in stricken agricultural areas, relief from distress caused by unemployment and conditions resulting therefrom, the prosecution of public works and public projects for the relief of unemployment or to increase employment, and for work relief (including the civil-works program) shall be considered in connection with the operation of this section.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 475a was editorially reclassified as [section 5122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5122&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
On and after June 18, 1934, no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.
**(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.
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Federal law — U.S. Code and appendices · legal_authorities
Page 691
TITLE 25—INDIANS
§ 5103
Sec.
5116.
Standards for Indians appointed to In-
dian Office.
5117.
Indian preference laws applicable to Bu-
reau of Indian Affairs and Indian
Health Service positions.
5118.
Application generally.
5119.
Application to Alaska.
5120.
Continuation of allowances.
5121.
Claims or suits of Indian tribes against
United States; rights unimpaired.
5122.
Offsets of gratuities.
5123.
Organization of Indian tribes; constitu-
tion and bylaws and amendment there-
of; special election.
5124.
Incorporation of Indian tribes; charter;
ratification by election.
5125.
Acceptance optional.
5126.
Mandatory application of sections 5102
and 5124.
5127.
Procedure.
5128.
Application of laws and treaties.
5129.
Definitions.
5130.
Definitions.
5131.
Publication of list of recognized tribes.
5132.
Indians eligible for loans.
5133.
Revolving fund; loans; regulations.
5134.
Sale of land by individual Indian owners.
5135.
Mortgages and deeds of trust by indi-
vidual Indian owners; removal from
trust or restricted status; application
to Secretary.
5136.
Loans to purchasers of highly fractioned
land.
5137.
Removal of duplicative appraisals.
5138.
Title in trust to United States.
5139.
Tribal rights and privileges in connec-
tion with loans.
5140.
Mortgaged property governed by State
law.
5141.
Interest rates and taxes.
5142.
Reduction of unpaid principal.
5143.
Authorization of appropriations.
5144.
Certification of rental proceeds.
§ 5101. Allotment of land on Indian reservations
On and after June 18, 1934, no land of any In-
dian reservation, created or set apart by treaty
or agreement with the Indians, Act of Congress,
Executive order, purchase, or otherwise, shall be
allotted in severalty to any
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
Page 694
TITLE 25—INDIANS
§ 5108
1 See References in Text note below.
§ 5108. Acquisition of lands, water rights or sur-
face rights; appropriation; title to lands; tax
exemption
The Secretary of the Interior is authorized, in
his discretion, to acquire, through purchase, re-
linquishment, gift, exchange, or assignment,
any interest in lands, water rights, or surface
rights to lands, within or without existing res-
ervations, including trust or otherwise re-
stricted allotments, whether the allottee be liv-
ing or deceased, for the purpose of providing
land for Indians.
For the acquisition of such lands, interests in
lands, water rights, and surface rights, and for
expenses incident to such acquisition, there is
authorized to be appropriated, out of any funds
in the Treasury not otherwise appropriated, a
sum not to exceed $2,000,000 in any one fiscal
year: Provided, That no part of such funds shall
be used to acquire additional land outside of the
exterior boundaries of Navajo Indian Reserva-
tion for the Navajo Indians in Arizona, nor in
New Mexico, in the event that legislation to de-
fine the exterior boundaries of the Navajo In-
dian Reservation in New Mexico, and for other
purposes, or similar legislation, becomes law.
The unexpended balances of any appropria-
tions made pursuant to this section shall remain
available until expended.
Title to any lands or rights acquired pursuant
to this Act or the Act of July 28, 1955 (69 Stat.
392), as amended (25 U.S.C. 608 et seq.) 1 shall be
taken in the name of the United States in trust
for the Indian tribe or individual Indian for
which the land is acquired, and such lands or
rights shall be exempt from State and local tax-
ation.
(June 18, 1934, ch. 576, § 5, 48 Stat. 985; Pub. L.
100–581, titl
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5108
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Federal law — U.S. Code and appendices · legal_authorities
Page 698
TITLE 25—INDIANS
§ 5120
Editorial Notes
CODIFICATION
Section was formerly classified to section 362 of Title
48, Territories and Insular Possessions, prior to trans-
fer to section 473a of this title and editorial reclassi-
fication and renumbering as this section.
Executive Documents
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accom-
plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.
§ 5120. Continuation of allowances
The Secretary of the Interior is directed to
continue the allowance of the articles enumer-
ated in section 17 of the Act of March 2, 1889 (23
Stat. L. 894), or their commuted cash value
under the Act of June 10, 1896 (29 Stat. L. 334),
to all Sioux Indians who would be eligible, but
for the provisions of this Act, to receive allot-
ments of lands in severalty under section 19 of
the Act of May 29, 1908 (25 Stat. L. 451), or under
any prior Act, and who have the prescribed sta-
tus of the head of a family or single person over
the age of eighteen years, and his approval shall
be final and conclusive, claims therefor to be
paid as formerly from the permanent appropria-
tion made by said section 17 and carried on the
books of the Treasury for this purpose. No per-
son shall receive in his own right more than one
allowance of the benefits, and application must
be made and approved during the lifetime of the
allottee or the right shall lapse. Such benefits
shall continue to be paid upon such reservation
until such time as the lands available therein
for allotment on June 18, 1934, would have
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5122
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