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25 U.S.C. § 413 — Fees to cover cost of work performed for Indians
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior is hereby 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.
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Stable record: federal_law:legal_authorities:record_usc_71f28b97edc51d1764416183
Source file: Laws/federal/codes/united-states-code/title-25/section-413-fees-to-cover-cost-of-work-performed-for-indians--ae65dfd5b3.md
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Source location: Title 25, Chapter 12, § 413; chapter-012-lease-sale-or-surrender-of-allotted-or-unallotted-lands.md
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The Secretary of the Interior is hereby 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Withholding of deduction** Pursuant to the authority of [section 413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section413&num=0&edition=prelim), the Secretary shall withhold a reasonable deduction from the gross proceeds of sales of forest products harvested from Indian forest land under a timber sale contract, permit, or other harvest sale document, which has been approved by the Secretary, to cover in whole or part the cost of managing and protecting such Indian forest land.
**(b) Amount of deduction** Deductions made pursuant to subsection (a) shall not exceed the lesser amount of—
(1) 10 percent of gross proceeds, or
(2) the percentage of gross proceeds collected on November 28, 1990, as forest management deductions by the Secretary on such sales of Indian forest products,
unless the appropriate Indian tribe consents to an increase in the deductions.
**(c) Use of deduction** The full amount of any deduction collected by the Secretary shall be expended according to an approved expenditure plan, approved by the Secretary and the appropriate Indian tribe, for the performance of forest land management activities on the reservation from which such deductions are collected and shall be made available to the tribe, upon its request, by contract or agreement for the performance of such activities.
**(d) Limitations**
(1) Forest management deductions withheld pursuant to this section shall not be available to—
(A) cover the costs that are paid from funds appropriated specifically for fire suppression or pest control, or
(B) otherwise offset Federal appropriations for meeting the Federal trust responsibility for management of Indian forest lands.
(2) No other forest management deductions derived from Indian forest l
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Deductions for administrative expenses; standards guiding sales** The timber on any Indian land held under a trust or other patent containing restrictions on alienations may be sold by the owner or owners with the consent of the Secretary of the Interior, and the proceeds from such sales, after deductions for administrative expenses to the extent permissible under [section 413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section413&num=0&edition=prelim), shall be paid to the owner or owners or disposed of for their benefit under regulations to be prescribed by the Secretary of the Interior. It is the intention of Congress that a deduction for administrative expenses may be made in any case unless the deduction would violate a treaty obligation or amount to a taking of private property for public use without just compensation in violation of the fifth amendment to the Constitution. Sales of timber under this subsection shall be based upon a consideration of the needs and best interests of the Indian owner and his heirs. The Secretary shall take into consideration, among other things, (1) the state of growth of the timber and the need for maintaining the productive capacity of the land for the benefit of the owner and his heirs, (2) the highest and best use of the land, including the advisability and practicality of devoting it to other uses for the benefit of the owner and his heirs, and (3) the present and future financial needs of the owner and his heirs.
**(b) Undivided interests** Upon the request of the owners of a majority Indian interest in land in which any undivided interest is held under a trust or other patent containing restrictions on alienations, the Secretary of the Interior is authorized to sell all undivided
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 406
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Federal law — U.S. Code and appendices · legal_authorities
Under regulations prescribed by the Secretary of the Interior, the timber on unallotted trust land in Indian reservations or on other land held in trust for tribes may be sold in accordance with the principles of sustained-yield management or to convert the land to a more desirable use. After deduction, if any, for administrative expenses under [section 413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section413&num=0&edition=prelim), the proceeds of the sale shall be used—
(1) as determined by the governing bodies of the tribes concerned and approved by the Secretary, or
(2) in the absence of such a governing body, as determined by the Secretary for the tribe concerned.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 407
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Federal law — U.S. Code and appendices · legal_authorities
Page 128
TITLE 25—INDIANS
§ 413
§ 413. Fees to cover cost of work performed for
Indians
The Secretary of the Interior is hereby au-
thorized, 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 indi-
vidual 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, ex-
cept 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.)
Editorial Notes
AMENDMENTS
1933—Act Mar. 1, 1933, substituted ‘‘to collect reason-
able fees to cover the cost of any and all work per-
formed for Indian tribes or individual Indians’’ for ‘‘to
charge a reasonable fee for the work incident to the
sale, leasing, or assigning of such lands, or in the sale
of the timber, or in the administration of Indian for-
ests’’ and ‘‘deducted from the proceeds of sale, leases,
or other sources of revenue’’ for ‘‘from the proceeds of
sales’’, struck out introductory text ‘‘In the sale of all
Indian allotments, or in leases, or assignment of leases
covering, tribal or allotted lands for mineral, farming,
grazing, business or other purposes, or in the sale of
timber thereon’’ and provided for the use of discretion
and the crediting of Indian tribal funds.
§ 414. Reservation of minerals in sale of Choctaw-
Chickasaw lands
On and after August 25, 1937, in all sales of
tribal lands of the Choctaw and Chickasaw Indi-
ans in Oklahoma provided for by exist
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 413
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