25 U.S.C. § 199a — Custody of records; Oklahoma Historical

Page 52 TITLE 25—INDIANS § 195 § 195. Repealed. Aug. 15, 1953, ch. 506, § 2(b), 67 Stat. 590 Section, act July 4, 1884, ch. 180, § 1, 23 Stat. 94, re- lated to sale of cattle purchased by Government to non- tribal members. § 196. Sale or other disposition of dead timber The President of the United States may from year to year in his discretion under such regula- tions as he may prescribe authorize the Indians residing on reservations or allotments, the fee to which remains in the United States, to fell, cut, remove, sell or otherwise dispose of the dead timber standing, or fallen, on such reserva- tion or allotment for the sole benefit of such In- dian or Indians. But whenever there is reason- able cause to believe that such timber has been killed, burned, girdled, or otherwise injured for the purpose of securing its sale under this sec- tion then in that case such authority shall not be granted. (Feb. 16, 1889, ch. 172, 25 Stat. 673.) § 197. Disposition of dead timber on reservations in Minnesota The Secretary of the Interior may in his dis- cretion, from year to year, under such regula- tions as he may prescribe, authorize the Indians residing on any Indian reservation in the State of Minnesota, whether the same has been allot- ted in severalty or is still unallotted, to fell, cut, remove, sell, or otherwise dispose of the dead timber, standing or fallen on such reserva- tion or any part thereof, for the sole benefit of such Indians; and he may also in like manner authorize the Chippewa Indians of Minnesota who have any interest or right in the proceeds derived from the sales of ceded Indian lands or the timber growing thereon, whereof the fee is still in the United States, to fell, cut, remove, or dispose of the dead timber, otherwise than by sale, standing or fallen, on such ceded land. But whenever there is reason to believe that such dead timber in either case has been killed, burned, girdled, or otherwise injured for the pur- pose of securing its sale under this section, then in that case authority shall not be granted. (June 7, 1897, ch. 3, 30 Stat. 90.) Statutory Notes and Related Subsidiaries CHIPPEWA RESERVATION AND CEDED LANDS IN MINNESOTA Act June 27, 1902, ch. 1157, § 4, 32 Stat. 404, provided: ‘‘That so much of the Act of June seventh, eighteen hundred and ninety-seven, entitled ‘An Act making ap- propriations for the current and contingent expenses of the Indian Department and fulfilling treaty stipula- tions with various Indian tribes for the fiscal year end- ing June thirtieth, eighteen hundred and ninety-eight, and for other purposes,’ as authorizes the sale of dead timber, standing or fallen, under regulations prescribed by the Secretary of the Interior, on the Chippewa res- ervations and ceded lands in the State of Minnesota, is hereby repealed: Provided, That nothing herein con- tained shall be held in any way to affect contracts al- ready entered into and now in force for the sale and cutting of dead timber, standing or fallen, on said res- ervations and ceded lands.’’ § 198. Contagious and infectious diseases; quar- antine Whenever the Secretary of the Interior shall find any Indian afflicted with tuberculosis, tra- choma, or other contagious or infectious dis- eases, he may, if in his judgment the health of the afflicted Indian or that of other persons re- quire it, isolate or quarantine such afflicted In- dian in a hospital or other place for treatment. The Secretary of the Interior may employ such means as may be necessary in the isolation, or quarantine, of such Indian, and it shall be the duty of such Indian so afflicted to obey any order or regulation made by the Secretary of the Interior in carrying out this provision. (Aug. 1, 1914, ch. 222, § 1, 38 Stat. 584.) 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. § 199. Access to records of Five Civilized Tribes The Secretary of the Interior, or his accred- ited representative, shall at all times have ac- cess to any books and records of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes, whether in possession of any of the offi- cers of either of said tribes or any officer or cus- todian thereof, of the State of Oklahoma. (Mar. 1, 1907, ch. 2285, 34 Stat. 1027.) 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. § 199a. Custody of records; Oklahoma Historical Society Title to records of Indian tribes heretofore placed with the Oklahoma Historical Society of the State of Oklahoma by the Secretary of the Interior shall remain vested in the United States and such records shall be held by the said society under rules and regulations prescribed by the Archivist of the United States: Provided, That copies of any such records, documents, books, or papers held by the said society when certified by the secretary or chief clerk thereof under its seal, or by the officer or person acting as secretary or chief clerk, shall be evidence equally with the original, and in making such certified copies the said secretary or acting sec- retary and the said chief clerk or acting chief clerk shall be acting as a Federal agent, and such certified copies shall have the same force and effect as if made by the Archivist of the United States as provided in section 2116(b) of Page 53 TITLE 25—INDIANS § 202 title 44: Provided further, That whenever such certified copies are desired for official use by the Federal Government they shall be furnished without cost: Provided further, That any such records held by the said society shall be prompt- ly returned to the Government official des- ignated by the Archivist of the United States upon his request therefor. (Mar. 27, 1934, ch. 93, 48 Stat. 501; Oct. 25, 1951, ch. 562, § 4(5), 65 Stat. 640; Pub. L. 98–497, title I, § 107(i), Oct. 19, 1984, 98 Stat. 2292.) Editorial Notes CODIFICATION ‘‘Section 2116(b) of title 44’’ substituted in text for ‘‘section 509(b) of the Federal Records Act of 1950 (64 Stat. 583)’’ on authority of section 2(b) of Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1305, the first section of which en- acted Title 44, Public Printing and Documents, and re- stated such section 509(b) as section 2112(b) of Title 44, and Pub. L. 98–497, title I, § 102(a)(1), Oct. 19, 1984, 98 Stat. 2280, which renumbered section 2112(b) as 2116(b). AMENDMENTS 1984—Pub. L. 98–497 substituted ‘‘Archivist of the United States’’ for ‘‘Administrator of General Serv- ices’’ in three places. 1951—Act Oct. 25, 1951, transferred control of Indian tribal records, heretofore placed hereunder with Okla- homa Historical Society, from Secretary of the Interior to Administrator of General Services. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents. § 200. Report of offense or case of Indian incar- cerated in agency jail Whenever an Indian shall be incarcerated in an agency jail, or any other place of confine- ment, on an Indian reservation or at an Indian school, a report or record of the offense or case shall be immediately submitted to the super- intendent of the reservation or such official or officials as he may designate, and such report shall be made a part of the records of the agency office. (Aug. 1, 1914, ch. 222, § 1, 38 Stat. 586.) 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. § 201. Penalties; how recovered All penalties which shall accrue under title 28 of the Revised Statutes shall be sued for and re- covered in an action in the nature of an action of debt, in the name of the United States, before any court having jurisdiction of the same, in any State or Territory in which the defendant shall be arrested or found, the one half to the use of the informer and the other half to the use of the United States, except when the prosecu- tion shall be first instituted on behalf of the United States, in which case the whole shall be to their use. (R.S. § 2124.) Editorial Notes REFERENCES IN TEXT Title 28 of the Revised Statutes, referred to in text, was in the original ‘‘this Title’’, meaning title 28 of the Revised Statutes, consisting of R.S. §§ 2039 to 2157. For complete classification of R.S. §§ 2039 to 2157 to the Code, see Tables. CODIFICATION R.S. § 2124 derived from act June 30, 1834, ch. 161, § 27, 4 Stat. 733. § 202. Inducing conveyances by Indians of trust interests in lands It shall be unlawful for any person to induce any Indian to execute any contract, deed, mort- gage, or other instrument purporting to convey any land or any interest therein held by the United States in trust for such Indian, or to offer any such contract, deed, mortgage, or other instrument for record in the office of any recorder of deeds. Any person violating this pro- vision shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $500 for the first offense, and if convicted for a second offense may be punished by a fine not exceeding $500 or imprisonment not exceeding one year, or by both such fine and im- prisonment, in the discretion of the court. This section shall not apply to any lease or other contract authorized by law to be made. (June 25, 1910, ch. 431, § 5, 36 Stat. 857.) Editorial Notes CODIFICATION Section was formerly classified to section 115 of Title 18, Criminal Code and Criminal Procedure, prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, § 1, 62 Stat. 683. CHAPTER 6—GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS SUBCHAPTER I—GENERALLY Sec. 211. Creation of Indian reservations. 212 to 228. Repealed. 229. Injuries to property by Indians. 230. Depositions by agents touching depredations. 231. Enforcement of State laws affecting health and education; entry of State employees on Indian lands. 232. Jurisdiction of New York State over offenses committed on reservations within State. 233. Jurisdiction of New York State courts in civil actions. SUBCHAPTER II—TRAFFIC IN INTOXICATING LIQUORS 241 to 252. Repealed. 253. Wines for sacramental purposes. 254. Repealed. SUBCHAPTER III—TRADERS WITH INDIANS 261. Power to appoint traders with Indians.