25 U.S.C. § 180 — Settling on or surveying lands belonging to

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.) Page 50 TITLE 25—INDIANS § 181 Editorial Notes CODIFICATION R.S. § 2118 derived from act June 30, 1834, ch. 161, § 11, 4 Stat. 730. § 181. Rights of white men marrying Indian women; tribal property No white man, not otherwise a member of any tribe of Indians, who may after August 9, 1888, marry an Indian woman, member of any Indian tribe in the United States, or any of its Terri- tories except the Five Civilized Tribes in the In- dian Territory, shall by such marriage after Au- gust 9, 1888, acquire any right to any tribal prop- erty, privilege, or interest whatever to which any member of such tribe is entitled. (Aug. 9, 1888, ch. 818, § 1, 25 Stat. 392.) § 182. Rights of Indian women marrying white men; tribal property Every Indian woman, member of any such tribe of Indians, who may be married after Au- gust 9, 1888, to any citizen of the United States, is hereby declared to become by such marriage a citizen of the United States, with all the rights, privileges, and immunities of any such citizen, being a married woman: Provided, That nothing in sections 181 to 183 of this title con- tained shall impair or in any way affect the right or title of such married woman to any tribal property or any interest therein. (Aug. 9, 1888, ch. 818, § 2, 25 Stat. 392.) § 183. Marriage of white men to Indian women; evidence Whenever the marriage of any white man with any Indian woman, a member of any such tribe of Indians, is required or offered to be proved in any judicial proceeding, evidence of the admis- sion of such fact by the party against whom the proceeding is had, or evidence of general repute, or of cohabitation as married persons, or any other circumstantial or presumptive evidence from which the fact may be inferred, shall be competent. (Aug. 9, 1888, ch. 818, § 3, 25 Stat. 392.) § 184. Rights of children born of marriages be- tween white men and Indian women All children born of a marriage solemnized prior to June 7, 1897, between a white man and an Indian woman by blood and not by adoption, where said Indian woman was on that date, or was at the time of her death, recognized by the tribe, shall have the same rights and privileges to the property of the tribe to which the mother belongs, or belonged at the time of her death, by blood, as any other member of the tribe, and no prior Act of Congress shall be construed as to debar such child of such right. (June 7, 1897, ch. 3, 30 Stat. 90.) § 185. Protection of Indians desiring civilized life Whenever any Indian, being a member of any band or tribe with whom the Government has or shall have entered into treaty stipulations, being desirous to adopt the habits of civilized life, has had a portion of the lands belonging to his tribe allotted to him in severalty, in pursu- ance of such treaty stipulations, the agent and superintendent of such tribe shall take such measures, not inconsistent with law, as may be necessary to protect such Indian in the quiet en- joyment of the lands so allotted to him. (R.S. § 2119.) Editorial Notes CODIFICATION R.S. § 2119 derived from act June 14, 1862, ch. 101, § 1, 12 Stat. 427. 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. § 186. Repealed. May 21, 1934, ch. 321, 48 Stat. 787 Section, R.S. § 2120, related to trespassing on lands of civilized Indians. § 187. Omitted Editorial Notes CODIFICATION Section, R.S. § 2121, which directed the Super- intendent of Indian Affairs to suspend a trespasser (as described in section 186 of this title) who is the chief or headman of a band or tribe from his office for 3 months and to deprive him of all benefits and emoluments of such office during that time but allowed the Super- intendent to restore him to his office sooner if the Su- perintendent should so decide, was omitted in view of the repeal of section 186 of this title. §§ 188, 189. Repealed. Oct. 31, 1951, ch. 654, § 1(49), (50), 65 Stat. 703 Section 188, R.S. § 2122, related to sale of buildings be- longing to United States. Section 189, R.S. § 2123, related to sale of lands with buildings. § 190. Sale of plants or tracts not needed for ad- ministrative or allotment purposes Subject to applicable regulations under chap- ters 1 to 11 of title 40 and division C (except sec- tions 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41, the Sec- retary of the Interior is authorized in his discre- tion to sell and convey by deed or patent, under such terms and conditions as he may prescribe, at not less than their appraised value, non- reservation Government tracts or plants or trib- al administrative plants or reserves, or parts thereof, not exceeding forty acres in area and not exceeding $2,000 in value, not longer needed