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25 U.S.C. § 82a — Contracts for payment of money permitted certain tribes; payment for legal services
Federal law — U.S. Code and appendices · legal_authorities
Contracts involving the payment or expenditure of any money or affecting any property belonging to the Choctaw, Chickasaw, Cherokee, Creek, or Seminole Tribes of Indians, including contracts for professional legal services, may be made by said tribes, with the approval of the Secretary of the Interior, or his authorized representative, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That the provisions of this section shall not apply to contracts for professional legal services involving the prosecution of claims against the United States.
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Source file: Laws/federal/codes/united-states-code/title-25/section-82a-contracts-for-payment-of-money-permitted-certain-tribes-payment-for-lega--f9b4debdbb.md
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Source location: Title 25, Chapter 3, § 82a; chapter-003-agreements-with-indians.md
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Contracts involving the payment or expenditure of any money or affecting any property belonging to the Choctaw, Chickasaw, Cherokee, Creek, or Seminole Tribes of Indians, including contracts for professional legal services, may be made by said tribes, with the approval of the Secretary of the Interior, or his authorized representative, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That the provisions of this section shall not apply to contracts for professional legal services involving the prosecution of claims against the United States.
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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 by purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing Indian reservations, including trust or otherwise restricted lands now in Indian ownership: Provided, That such lands shall be agricultural and grazing lands of good character and quality in proportion to the respective needs of the particular Indian or Indians for whom such purchases are made. Title to all lands so acquired shall be taken in the name of the United States, in trust for the tribe, band, group, or individual Indian for whose benefit such land is so acquired, and while the title thereto is held by the United States said lands shall be free from any and all taxes, save that the State of Oklahoma is authorized to levy and collect a gross-production tax, not in excess of the rate applied to production from lands in private ownership, upon all oil and gas produced from said lands, which said tax the Secretary of the Interior is authorized and directed to cause to be paid.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Terms** Each self-determination contract entered into under this chapter shall—
(1) contain, or incorporate by reference, the provisions of the model agreement described in subsection (c) of this section (with modifications where indicated and the blanks appropriately filled in), and
(2) subject to subsections (a) and (b) of [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim), contain such other provisions as are agreed to by the parties.
**(b) Payments; Federal records** Notwithstanding any other provision of law, the Secretary may make payments pursuant to section 1(b)(6) of such model agreement. As provided in section 1(b)(7) of the model agreement, the records of the tribal government or tribal organization specified in such section shall not be considered Federal records for purposes of chapter 5 of title 5.
**(c) Model agreement** The model agreement referred to in subsection (a)(1) of this section reads as follows:
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5346
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority and Purpose.—**
(1) **Authority.—** — This agreement, denoted a Self-Determination Contract (referred to in this agreement as the ‘Contract’), is entered into by the Secretary of the Interior or the Secretary of Health and Human Services (referred to in this agreement as the ‘Secretary’), for and on behalf of the United States pursuant to title I of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.) 11 See References in Text note below. and by the authority of the ______ tribal government or tribal organization (referred to in this agreement as the ‘Contractor’). The provisions of title I of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.) 1 are incorporated in this agreement.
(2) **Purpose.—** — Each provision of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.) 1 and each provision of this Contract shall be liberally construed for the benefit of the Contractor to transfer the funding and the following related functions, services, activities, and programs (or portions thereof), that are otherwise contractable under section 102(a) of such Act, including all related administrative functions, from the Federal Government to the Contractor: (List functions, services, activities, and programs).
**(b) Terms, Provisions, and Conditions.—**
(1) **Term.—** — Pursuant to section 105(c)(1) of the Indian Self-Determination and Education Assistance Act ([25 U.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5347
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization** The Secretary shall, on the request of any Indian Tribe or Tribal organization, negotiate and enter into a written funding agreement with the governing body of the Indian Tribe or the Tribal organization in a manner consistent with—
(1) the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between Indian Tribes and the United States; and
(2) subsection (b).
**(b) Contents** Each funding agreement shall—
(1) authorize the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof, administered by the Department of the Interior through the Bureau of Indian Affairs, the Office of the Assistant Secretary for Indian Affairs, and the Office of the Special Trustee for American Indians, without regard to the agency or office of that Bureau or those Offices within which the program, service, function, and activity, or portion thereof, is performed, including funding for agency, area, and central office functions in accordance with subsection (g)(3) of this section, and including—
(A) any program, service, function, and activity, or portion thereof, administered under the authority of—
(i) the Act of April 16, 1934 ([25 U.S.C. 452](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section452&num=0&edition=prelim) et seq.); 11 See References in Text note below. and
(ii) [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim);
(B) programs, services, functions, and activities or portions thereof administered by the Secretary of the Interior that are otherwise available to Indian tribes or Indians for which appropriations are made
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5373
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contract defined** For the purposes of [section 5331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5331&num=0&edition=prelim), the term “contract” shall include compacts and funding agreements entered into under this subchapter.
**(b) Applicability of certain laws** [Section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81&num=0&edition=prelim) and [section 5123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), shall not apply to attorney and other professional contracts entered into by Indian tribes participating in self-governance under this subchapter.
**(c) References** All references in this chapter to [section 5201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5201&num=0&edition=prelim) are hereby deemed to include [section 82a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section82a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5412
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Federal law — U.S. Code and appendices · legal_authorities
Page 29
TITLE 25—INDIANS
§ 86
(June 26, 1936, ch. 851, § 1, 49 Stat. 1984.)
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-
tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
§ 81b. Continuation of contracts with attorneys
containing limitation of time where suits
have been filed
Any existing valid contract made and ap-
proved prior to June 26, 1936, pursuant to any
Act of Congress by any tribe, band, or group of
Indians with an attorney or attorneys for the
rendition of services in the prosecution of
claims against the United States under author-
ity of which suit or suits have been filed, and
which contains a limitation of time for the com-
pletion of the services to be performed may be
continued in full force unless a subsequent con-
tract dealing with the same subject matter has
been made and approved.
(June 26, 1936, ch. 851, § 2, 49 Stat. 1984.)
§ 82. Payments under contracts; aiding in making
prohibited contracts
No money shall be paid to any agent or attor-
ney by an officer of the United States under any
such contract or agreement, other than the fees
due him for services rendered thereunder; but
the moneys due the tribe, Indian, or Indians, as
the case may be, shall be paid by the United
States, through its own officers or agents, to the
party or parties entitled thereto; and no money
or thing shall be paid to any person for services
under such contract or agreement, until such
person shall have first filed with the Commis-
sioner of Indian Affairs
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 82a
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