25 U.S.C. § 81b — Continuation of contracts with attorneys

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-