25 U.S.C. § 81a — Counsel for prosecution of claims against

Page 28 TITLE 25—INDIANS § 81 SUBCHAPTER II—CONTRACTS WITH INDIANS § 81. Contracts and agreements with Indian tribes (a) Definitions In this section: (1) The term ‘‘Indian lands’’ means lands the title to which is held by the United States in trust for an Indian tribe or lands the title to which is held by an Indian tribe subject to a restriction by the United States against alien- ation. (2) The term ‘‘Indian tribe’’ has the meaning given that term in section 5304(e) of this title. (3) The term ‘‘Secretary’’ means the Sec- retary of the Interior. (b) Approval No agreement or contract with an Indian tribe that encumbers Indian lands for a period of 7 or more years shall be valid unless that agreement or contract bears the approval of the Secretary of the Interior or a designee of the Secretary. (c) Exception Subsection (b) shall not apply to any agree- ment or contract that the Secretary (or a des- ignee of the Secretary) determines is not cov- ered under that subsection. (d) Unapproved agreements The Secretary (or a designee of the Secretary) shall refuse to approve an agreement or contract that is covered under subsection (b) if the Sec- retary (or a designee of the Secretary) deter- mines that the agreement or contract— (1) violates Federal law; or (2) does not include a provision that— (A) provides for remedies in the case of a breach of the agreement or contract; (B) references a tribal code, ordinance, or ruling of a court of competent jurisdiction that discloses the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe; or (C) includes an express waiver of the right of the Indian tribe to assert sovereign immu- nity as a defense in an action brought against the Indian tribe (including a waiver that limits the nature of relief that may be provided or the jurisdiction of a court with respect to such an action). (e) Regulations Not later than 180 days after March 14, 2000, the Secretary shall issue regulations for identi- fying types of agreements or contracts that are not covered under subsection (b). (f) Construction Nothing in this section shall be construed to— (1) require the Secretary to approve a con- tract for legal services by an attorney; (2) amend or repeal the authority of the Na- tional Indian Gaming Commission under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.); or (3) alter or amend any ordinance, resolution, or charter of an Indian tribe that requires ap- proval by the Secretary of any action by that Indian tribe. (R.S. § 2103; Pub. L. 85–770, Aug. 27, 1958, 72 Stat. 927; Pub. L. 106–179, § 2, Mar. 14, 2000, 114 Stat. 46.) Editorial Notes REFERENCES IN TEXT The Indian Gaming Regulatory Act, referred to in subsec. (f)(2), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, which is classified principally to chapter 29 (§ 2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2701 of this title and Tables. CODIFICATION R.S. § 2103 derived from acts Mar. 3, 1871, ch. 120, § 3, 16 Stat. 570; May 21, 1872, ch. 177, §§ 1, 2, 17 Stat. 136. AMENDMENTS 2000—Pub. L. 106–179 amended section generally, sub- stituting present provisions for provisions which re- quired agreements with Indian tribes or Indians to be in writing, to bear the approval of the Secretary, to contain the names of all parties in interest, to state the time and place of making, purpose, and contin- gencies, and to have a fixed time limit to run, and pro- visions which declared agreements made in violation of this section to be null and void and which authorized recovery of amounts in excess of approved amounts, with one half of recovered amounts to be paid into the Treasury. 1958—Par. Second. Pub. L. 85–770 struck out require- ment that contracts with Indian tribes be executed be- fore a judge of a court of record. Par. Sixth. Pub. L. 85–770 struck out par. Sixth enu- merating contractual elements to be certified to by the judge. 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. § 81a. Counsel for prosecution of claims against the United States; cancellation; revival Any contracts or agreements approved prior to June 26, 1936, by the Secretary of the Interior between the authorities of any tribe, band, or group of Indians and their attorneys for the prosecution of claims against the United States, which provide that such contracts or agree- ments shall run for a period of years therein specified, and as long thereafter as may be re- quired to complete the business therein provided for, or words of like import, or which provide that compensation for services rendered shall be on a quantum-meruit basis not to exceed a spec- ified percentage, shall be deemed a sufficient compliance with section 81 of this title: Pro- vided, however, That nothing herein contained shall limit the power of the Secretary of the In- terior, after due notice and hearing and for prop- er cause shown, to cancel any such contract or agreement: Provided further, That the provisions of this section and section 81b of this title shall not be construed to revive any contract which has been terminated by lapse of time, operation of law, or by acts of the parties thereto. 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 a sworn statement, showing each particular act of service under the contract, giving date and fact in detail, and the Secretary of the Interior and Commissioner of Indian Affairs shall determine therefrom wheth- er, in their judgment, such contract or agree- ment has been complied with or fulfilled; if so, the same may be paid, and, if not, it shall be paid in proportion to the services rendered under the contract. (R.S. § 2104.) Editorial Notes CODIFICATION R.S. § 2104 derived from act May 21, 1872, ch. 177, § 3, 17 Stat. 137. 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. § 82a. Contracts for payment of money permitted certain tribes; payment for legal services Contracts involving the payment or expendi- ture of any money or affecting any property be- longing 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 rep- resentative, under such rules and regulations as the Secretary of the Interior may prescribe: Pro- vided, That the provisions of this section shall not apply to contracts for professional legal services involving the prosecution of claims against the United States. (July 3, 1952, ch. 549, § 1, 66 Stat. 323.) Statutory Notes and Related Subsidiaries CONTRACTS INVOLVING CHOCTAW AND CHICKASAW TRIBES Act July 3, 1952, ch. 549, § 2, 66 Stat. 323, provided: ‘‘That the second proviso in section 28 of the Act of April 26, 1906, ch. 1876 (34 Stat. 148) [not classified to the Code], and the provisions contained in the fifth para- graph of section 17 of the Act of March 3, 1911, ch. 210 (36 Stat. 1070) [not classified to the Code], dealing with contracts made by the Choctaw and Chickasaw Tribes of Indians for professional legal services of attorneys, are hereby repealed.’’ § 83. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862 Section, R.S. § 2105, related to payments under pro- hibited contracts. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by act June 25, 1948 effective Sept. 1, 1948. § 84. Repealed. Pub. L. 106–568, title VIII, § 812(c)(1), Dec. 27, 2000, 114 Stat. 2917 Section, R.S. § 2106, related to restrictions on assign- ments of contracts. § 85. Contracts relating to tribal funds or prop- erty No contract made with any Indian, where such contract relates to the tribal funds or property in the hands of the United States, shall be valid, nor shall any payment for services rendered in relation thereto be made unless the consent of the United States has previously been given. (June 30, 1913, ch. 4, § 18, 38 Stat. 97.) § 86. Encumbrances on lands allotted to appli- cants for enrollment in Five Civilized Tribes; use of interest on tribal funds Land allotted to any applicant for enrollment as a citizen in the Five Civilized Tribes whether an Indian or freedman, shall not be affected or encumbered by any deed, debt, or obligation of any character contracted prior to the time at which said land may be alienated under the laws of the United States: Provided further, That the interest accruing from tribal funds and depos- ited in banks in the State of Oklahoma may be used as authorized by the Act of March third, nineteen hundred and eleven, under the direc-