25 U.S.C. § 155 — Disposal of miscellaneous revenues from

Page 41 TITLE 25—INDIANS § 155 1 See References in Text note below. (Pub. L. 117–58, div. G, title I, § 70101, Nov. 15, 2021, 135 Stat. 1250.) SUBCHAPTER III—DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS § 151. Deposits in bank by disbursing agents Any United States Indian agent, super- intendent, or other disbursing agent of the In- dian Service may deposit Indian moneys, indi- vidual or tribal, coming into his hands as custo- dian, in such national bank or banks as he may select: Provided, That the bank or banks so se- lected by him shall first execute to said dis- bursing agent a bond, with approved surety, in such an amount as will properly safeguard the funds to be deposited. Such bond shall be subject to the approval of the Secretary of the Interior. (Apr. 30, 1908, ch. 153, 35 Stat. 73; June 25, 1910, ch. 431, § 1, 36 Stat. 855; Mar. 3, 1928, ch. 122, 45 Stat. 161; Apr. 30, 1934, ch. 169, 48 Stat. 648.) Editorial Notes CODIFICATION This section is also set out in the last two provisos of section 372 of this title. Statutory Notes and Related Subsidiaries INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. 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. Transfer of disbursement functions of all Government agencies with certain exceptions to the Fiscal Service, Treasury Department, see note set out under section 53 of this title. § 152. Proceeds of sales of Indian lands All moneys received from the sales of lands that have been, or may be, ceded to the United States by Indian tribes, by treaties providing for the investment or payment to the Indians, par- ties thereto, of the proceeds of the lands ceded by them, respectively, after deducting the ex- penses of survey and sale, any sums stipulated to be advanced, and the expenses of fulfilling any engagements contained therein, shall be paid into the Treasury in the same manner that moneys received from the sales of public lands are paid into the Treasury. (R.S. § 2093.) Editorial Notes CODIFICATION R.S. § 2093 derived from act Jan. 9, 1837, ch. 1, § 1, 5 Stat. 135. § 153. Appropriation to carry out treaties All sums that are or may be required to be paid, and all moneys that are or may be required to be invested by the treaties mentioned in sec- tion 152 of this title are appropriated in con- formity to them, and shall be drawn from the Treasury as other public moneys are drawn therefrom, under such instructions as may from time to time be given by the President. (R.S. § 2094.) Editorial Notes CODIFICATION R.S. § 2094 derived from act Jan. 9, 1837, ch. 1, § 2, 5 Stat. 135. § 154. Proceeds of sales of lands not subject to certain deductions No part of the expenses of the public lands service shall be deducted from the proceeds of Indian lands sold through the Bureau of Land Management, except as authorized by the treaty or agreement providing for the disposition of the lands. (July 4, 1884, ch. 180, § 10, 23 Stat. 98; 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. ‘‘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 functions of the General Land Office. § 155. Disposal of miscellaneous revenues from Indian reservations, etc. All miscellaneous revenues derived from In- dian reservations, agencies, and schools, except those of the Five Civilized Tribes and not the re- sult of the labor of any member of such tribe, which are not required by existing law to be oth- erwise disposed of, shall be covered into the Treasury of the United States under the caption ‘‘Indian moneys, proceeds of labor’’, and are made available for expenditure, in the discretion of the Secretary of the Interior, for the benefit of the Indian tribes, agencies, and schools on whose behalf they are collected, subject, how- ever, to the limitations as to tribal funds, im- posed by sections 123 and 142 1 of this title. (Mar. 3, 1883, ch. 141, § 2, 22 Stat. 590; Mar. 2, 1887, ch. 320, 24 Stat. 463; May 17, 1926, ch. 309, § 1, 44 Stat. 560; May 29, 1928, ch. 901, § 1(68), 45 Stat. 991.) Editorial Notes REFERENCES IN TEXT Section 142 of this title, referred to in text, was re- pealed by act May 29, 1928, ch. 901, § 1(87), 45 Stat. 992. Page 42 TITLE 25—INDIANS § 155a Statutory Notes and Related Subsidiaries REPEALS Act May 29, 1928, repealed the provisions of acts Mar. 3, 1883 and Mar. 2, 1887, which related to Indian moneys, proceeds of labor. 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. § 155a. Transferred Editorial Notes CODIFICATION Section, act May 17, 1926, ch. 309, § 1, 44 Stat. 560, which related to disposal of miscellaneous revenues from Indian reservations, was merged into section 155 of this title. § 155b. Proceeds of labor accounts; deposits lim- ited to funds held in trust for Indian tribes or individuals Except in the case of funds held in trust for In- dian tribes or individuals, the funds available for expenditure under the ‘‘Indian moneys, pro- ceeds of labor’’ accounts authorized by section 155 of this title may be expended until Sep- tember 30, 1982 for any purpose for which funds are appropriated under the subheading ‘‘Oper- ation of Indian Programs’’. No funds shall be deposited in such ‘‘Indian money, proceeds of labor’’ (IMPL) accounts after September 30, 1982. The unobligated balance in IMPL accounts as of the close of business on September 30, 1982, including the income result- ing from the investment of funds from such ac- counts prior to such date, shall be transferred to and held in escrow accounts at the locations of the IMPL accounts from which they are trans- ferred. Funds in such escrow accounts may be invested as provided in section 162a of this title and the investment income added to such ac- counts. The Secretary shall determine no later than September 30, 1985 (after consultation with appropriate tribes and individual Indians) the extent to which the funds held in such escrow accounts represent income from the investment of special deposits relating to specific tribes or individual Indians. Upon such a determination by the Secretary and express acceptance of the determination by the beneficiary, the Secretary shall transfer such funds to trust accounts for such tribes or individual Indians. Not more than ten percent of the funds transferred to trust ac- counts for any tribe or individual Indian under this provision may be utilized to pay for legal or other representation relating to claims for such funds. Not to exceed two percent of the funds transferred from the IMPL accounts shall be available to reimburse the Bureau of Indian Af- fairs for administrative expenses incurred in de- termining ownership of the funds. Acceptance of a determination by the Secretary and the trans- fer of funds under this provision shall constitute a complete release and waiver of any and all claims by the beneficiary against the United States relating to the unobligated balance of IMPL accounts as of the close of business on September 30, 1982. During the period of October 1, 1985 through September 30, 1987, or earlier if a Secretarial determination on ownership and ap- propriate fund transfers has been completed, the funds remaining in such escrow accounts be- cause they have not been transferred to trust ac- counts, may be expended subject to the approval of the Secretary for any purpose authorized under section 13 of this title and requested by the respective governing bodies of the tribes at the locations where such accounts are main- tained. The unobligated balances of such escrow accounts as of the close of business on Sep- tember 30, 1987, shall be deposited into miscella- neous receipts of the Treasury. (Pub. L. 97–100, title I, § 100, Dec. 23, 1981, 95 Stat. 1400; Pub. L. 97–257, title I, § 100, Sept. 10, 1982, 96 Stat. 839.) Editorial Notes REFERENCES IN TEXT The purposes for which funds are appropriated under the subheading ‘‘Operation of Indian Programs’’, re- ferred to in text, are the purposes enumerated in the Department of the Interior and Related Agencies Ap- propriation Act, 1982, Pub. L. 97–100, title I, § 100, Dec. 23, 1981, 95 Stat. 1399. AMENDMENTS 1982—Pub. L. 97–257 substituted ‘‘No funds shall be de- posited in such ‘Indian money, proceeds of labor’ (IMPL) accounts after September 30, 1982’’ for ‘‘On Sep- tember 30, 1982, the balance of such accounts (except for the funds held in trust for Indian tribes or individuals, and not to exceed $10,000,000 which shall be available until expended by eligible tribes for purposes approved by the Bureau of Indian Affairs) shall be deposited into miscellaneous receipts of the Treasury to offset outlays of the Bureau of Indian Affairs and thereafter no funds shall be deposited in such accounts other than funds held in trust for Indian tribes or individuals’’ and in- serted provisions that the unobligated balance in IMPL accounts as of the close of business on September 30, 1982, including the income resulting from the invest- ment of funds from such accounts prior to such date, be transferred to and held in escrow accounts at the loca- tions of the IMPL accounts from which they are trans- ferred, that Funds in such escrow accounts may be in- vested as provided in section 162a of this title and the investment income added to such accounts, that the Secretary determine no later than September 30, 1985 (after consultation with appropriate tribes and indi- vidual Indians) the extent to which the funds held in such escrow accounts represent income from the in- vestment of special deposits relating to specific tribes or individual Indians, that upon such a determination by the Secretary and express acceptance of the deter- mination by the beneficiary, the Secretary transfer such funds to trust accounts for such tribes or indi- vidual Indians, that not more than ten percent of the funds transferred to trust accounts for any tribe or in- dividual Indian under this provision be utilized to pay for legal or other representation relating to claims for such funds, that not to exceed two percent of the funds transferred from the IMPL accounts be available to re- imburse the Bureau of Indian Affairs for administrative expenses incurred in determining ownership of the funds, that acceptance of a determination by the Sec- retary and the transfer of funds under this provision constitute a complete release and waiver of any and all claims by the beneficiary against the United States re-