25 U.S.C. § 177 — Purchases or grants of lands from Indians

Page 49 TITLE 25—INDIANS § 180 Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States attorney’’ substituted in text for ‘‘United States district attorney’’ on authority of act June 25, 1948. See section 541 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.) Editorial Notes CODIFICATION R.S. § 2115 derived from act Apr. 8, 1864, ch. 48, § 6, 13 Stat. 41. 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. ‘‘Bureau of Land Management’’ substituted in text for ‘‘General Land Office’’ pursuant to section 403 of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, which established the Bureau and transferred thereto the powers and duties of the General Land Of- fice. § 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 pur- suant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such trea- ty 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 author- ity 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 Indi- ans the compensation to be made for their claim to lands within such State, which shall be extin- guished by treaty. (R.S. § 2116.) Editorial Notes CODIFICATION R.S. § 2116 derived from act June 30, 1834, ch. 161, § 12, 4 Stat. 730. § 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 suf- ficient 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 ap- proval of the Secretary of the Interior, on an ac- count 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.) 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. ‘‘Secretary of the Interior or such officer as he may designate’’ substituted in text for ‘‘Commissioner of the General Land Office’’ on authority of section 403(d) and (e) of Reorg. Plan No. 3 of 1946, set out in the Ap- pendix to Title 5, which abolished office of Commis- sioner of General Land Office and transferred functions of General Land Office to Secretary of the Interior or such officers and agencies of Department of the Inte- rior as he may designate. § 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.) Editorial Notes CODIFICATION R.S. § 2117 derived from act June 30, 1834, ch. 161, § 9, 4 Stat. 730. § 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.)