---
kind: "range"
citation: "25 U.S.C. §§ 1–14"
title: "25"
from: "1"
to: "14"
count: 26
release: "119-102"
url: "https://uscodex.org/usc/25/1..14"
---

# §1. Commissioner of Indian Affairs


There shall be in the Department of the Interior a Commissioner of [Indian](/usc/25/1934.md) Affairs, who shall be appointed by the President, by and with the advice and consent of the Senate.


# §1a. Delegation of powers and duties by Secretary of the Interior and Commissioner of Indian Affairs


For the purpose of facilitating and simplifying the administration of the laws governing [Indian](/usc/25/1934.md) affairs, the [Secretary](/usc/25/5130.md?p=1) of the Interior is authorized to delegate, from time to time, and to the extent and under such regulations as he deems proper, his powers and duties under said laws to the Commissioner of [Indian](/usc/25/1934.md) Affairs, insofar as such powers and duties relate to action in individual cases arising under general regulations promulgated by the [Secretary](/usc/25/5130.md?p=1) of the Interior pursuant to law. Subject to the supervision and direction of the [Secretary](/usc/25/5130.md?p=1), the Commissioner is authorized to delegate, in like manner, any powers and duties so delegated to him by the [Secretary](/usc/25/5130.md?p=1), or vested in him by law, to the assistant commissioners, or the officer in charge of any branch, division, [office](/usc/25/4001.md?p=4), or agency of the Bureau of [Indian](/usc/25/1934.md) Affairs, insofar as such powers and duties relate to action in individual cases arising under general regulations promulgated by the [Secretary](/usc/25/5130.md?p=1) of the Interior or the Commissioner of [Indian](/usc/25/1934.md) Affairs pursuant to law. Such delegated powers shall be exercised subject to appeal to the [Secretary](/usc/25/5130.md?p=1), under regulations to be prescribed by him, or, as from time to time determined by him, to the Deputy [Secretary](/usc/25/5130.md?p=1) or to an Assistant [Secretary](/usc/25/5130.md?p=1) of the Department of the Interior, or to the Commissioner of [Indian](/usc/25/1934.md) Affairs. The [Secretary](/usc/25/5130.md?p=1) or the Commissioner, as the case may be, may at any time revoke the whole or any part of a delegation made pursuant to this section, but no such revocation shall be given retroactive effect. Nothing in this section shall be deemed to abrogate or curtail any authority to make delegations conferred by any other provision of law, nor shall anything in this section be deemed to convey authority to delegate any power to issue regulations.


# §2. Duties of Commissioner


The Commissioner of [Indian](/usc/25/1934.md) Affairs shall, under the direction of the [Secretary](/usc/25/5130.md?p=1) of the Interior, and agreeably to such regulations as the President may prescribe, have the management of all [Indian](/usc/25/1934.md) affairs and of all matters arising out of [Indian](/usc/25/1934.md) relations.


# §2a. Assistant or deputy commissioners; appointment; powers and duties


Assistant or deputy commissioners of the Bureau of [Indian](/usc/25/1934.md) Affairs, in the Department of the Interior, shall be appointed by the [Secretary](/usc/25/5130.md?p=1) of the Interior, subject to the civil-service laws and [chapter 51](/usc/25/ch51.md) and subchapter III of [chapter 53](/usc/5/chptIII-sptD-ch53.md) of title 5. Appointments to these positions shall be considered as made under the authority of [section 3101 of title 5](/usc/5/3101.md). Assistant and deputy commissioners so appointed shall be authorized to sign such letters, papers, and documents and to perform such other duties as may be directed by the commissioner of the Bureau of [Indian](/usc/25/1934.md) Affairs. The [Secretary](/usc/25/5130.md?p=1) may designate for the Bureau of [Indian](/usc/25/1934.md) Affairs an assistant or deputy commissioner, who shall be authorized to perform the duties of the commissioner in case of the death, resignation, absence, or sickness of the commissioner.


# §3. Compilation of statutes regulating duties of Indian agents and inspectors


It shall be the duty of the Commissioner of [Indian](/usc/25/1934.md) Affairs to cause to be compiled and printed for the use of [Indian](/usc/25/1934.md) agents and inspectors the provisions of the statutes regulating the performance of their respective duties, and also to furnish said officers from time to time information of new enactments upon the same subject.


# §4. Defective record of deeds and papers legalized


The recording of all deeds and papers prior to July 26, 1892, in the [office](/usc/25/4001.md?p=4) of the Commissioner of [Indian](/usc/25/1934.md) Affairs is confirmed, approved, and legalized; and said record theretofore made shall be deemed, taken, and held to be good and valid and shall have all the force and effect and be entitled to the same credit as if it had been made in pursuance of and in conformity to law. But shall have no effect whatever upon the validity or invalidity of the deed or paper so recorded, and shall be no evidence of constructive notice to any persons not actually knowing the contents.


# §5. Record of deeds by Indians requiring approval


The Commissioner of [Indian](/usc/25/1934.md) Affairs is hereby empowered and directed to continue to make and keep a record of every deed executed by any [Indian](/usc/25/1934.md), his heirs, representatives, or assigns, which may require the approval of the President of the United States or of the [Secretary](/usc/25/5130.md?p=1) of the Interior, whenever such approval shall have been given, and the deed so approved returned to said [office](/usc/25/4001.md?p=4).


# §6. Seal; authenticated and certified documents; evidence


The Commissioner of [Indian](/usc/25/1934.md) Affairs shall cause a seal to be made and provided for the said [office](/usc/25/4001.md?p=4), with such device as the President of the United States shall approve, and copies of any public documents, records, books, maps, or papers belonging to or on the files of said [office](/usc/25/4001.md?p=4), authenticated by the seal and certified by the Commissioner thereof, or by such officer as may, for the time being, be acting as or for such Commissioner, shall be evidence equally with the originals thereof.


# §7. Fees for furnishing certified copies of records


The Commissioner of [Indian](/usc/25/1934.md) Affairs shall have the custody of said seal, and shall furnish certified copies of any such records, books, maps, or papers belonging to or on the files of said [office](/usc/25/4001.md?p=4), to any person applying therefor who shall comply with the requirements of said [office](/usc/25/4001.md?p=4), upon the payment by such parties at the rate of 10 cents per hundred words, and $1 for copies of maps or plats, and the additional sum of 25 cents for the Commissioner’s certificate of verification, with the seal of said [office](/usc/25/4001.md?p=4); and one of the employees of said [office](/usc/25/4001.md?p=4) shall be designated by the Commissioner as the receiving clerk, and the amounts so received shall, under the direction of the Commissioner, be paid into the Treasury of the United States; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government or by any [Indian](/usc/25/1934.md) who shall satisfy the Commissioner by satisfactory legal evidence that he or she is not able, by reason of poverty, to pay such fees, nor for such unverified copies as the Commissioner in his discretion may deem proper to furnish.


# §8. Accounts for claims and disbursements


All accounts and vouchers for claims and disbursements connected with [Indian](/usc/25/1934.md) affairs shall be transmitted to the Commissioner for administrative examination, and by him passed to the Government Accountability [Office](/usc/25/4001.md?p=4) for settlement.


# §9. Regulations by President


The President may prescribe such regulations as he may think fit for carrying into effect the various provisions of any act relating to [Indian](/usc/25/1934.md) affairs, and for the settlement of the accounts of [Indian](/usc/25/1934.md) affairs.


# §10. Employee to sign letters


The Commissioner of [Indian](/usc/25/1934.md) Affairs, with the approval of the [Secretary](/usc/25/5130.md?p=1) of the Interior, may designate an employee of the [Indian](/usc/25/1934.md) [Office](/usc/25/4001.md?p=4) to sign letters of that [office](/usc/25/4001.md?p=4) requiring the signature of the commissioner or assistant commissioner, and all signatures of such employee while acting under such designation shall have the same force and effect as if made by said commissioner or assistant commissioner.


# §11. Employee or employees to sign approval of tribal deeds


The [Secretary](/usc/25/5130.md?p=1) of the Interior is authorized to designate an employee or employees of the Department of the Interior to sign, under the direction of the [Secretary](/usc/25/5130.md?p=1), in his name and for him, his approval of tribal deeds to allottees, to purchasers of town lots, to purchasers of unallotted lands, to persons, corporations, or organizations for lands reserved to them under the law for their use and benefit, and to any tribal deeds made and executed according to law for any of the Five Civilized [Tribes](/usc/25/3402.md?p=2-A) of [Indians](/usc/25/1934.md) in Oklahoma.


# §12. Agent to negotiate commutation of annuities


The Commissioner of [Indian](/usc/25/1934.md) Affairs is authorized to send a special [Indian](/usc/25/1934.md) Agent, or other representative of his [office](/usc/25/4001.md?p=4), to visit any [Indian tribe](/usc/25/81.md?p=a-2) for the purpose of negotiating and entering into a written agreement with such [tribe](/usc/25/3402.md?p=2-A) for the commutation of the perpetual annuities due under treaty stipulations, to be subject to the approval of Congress; and the Commissioner of [Indian](/usc/25/1934.md) Affairs shall transmit to Congress said agreements with such recommendations as he may deem proper.


# §13. Expenditure of appropriations by Bureau


The Bureau of [Indian](/usc/25/1934.md) Affairs, under the supervision of the [Secretary](/usc/25/5130.md?p=1) of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the [Indians](/usc/25/1934.md) throughout the United States for the following purposes:

General support and civilization, including education.

For relief of distress and conservation of health.

For industrial assistance and advancement and general administration of [Indian](/usc/25/1934.md) property.

For extension, improvement, operation, and maintenance of existing [Indian](/usc/25/1934.md) irrigation systems and for development of water supplies.

For the enlargement, extension, improvement, and repair of the buildings and grounds of existing plants and [projects](/usc/25/5611.md?p=2).

For the employment of inspectors, supervisors, superintendents, clerks, field matrons, farmers, physicians, [Indian](/usc/25/1934.md) police, [Indian](/usc/25/1934.md) judges, and other employees.

For the suppression of traffic in intoxicating liquor and deleterious drugs.

For the purchase of horse-drawn and motor-propelled passenger-carrying vehicles for official use.

And for general and incidental expenses in connection with the administration of [Indian](/usc/25/1934.md) affairs.

Notwithstanding any other provision of this section or any other law, postsecondary schools administered by the [Secretary](/usc/25/5130.md?p=1) of the Interior for [Indians](/usc/25/1934.md), and which meet the definition of an “institution of higher education” under section 101 of the Higher Education Act of 1965 [[20 U.S.C. 1001](/usc/20/1001.md)], shall be eligible to participate in and receive appropriated funds under any [program](/usc/25/3402.md?p=4) authorized by the Higher Education Act of 1965 [[20 U.S.C. 1001](/usc/20/1001.md) et seq.] or any other applicable [program](/usc/25/3402.md?p=4) for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.


# §13–1. Authorization of appropriations for funds for basic educational support through parent committees


Such sums as are needed under [section 13 of this title](/usc/25/13.md) are authorized to be appropriated to provide funds for basic educational support through parent [committees](/usc/25/5411.md?p=3) under the Act of April 16, 1934 [[25 U.S.C. 5342](/usc/25/5342.md) et seq.], to those public schools educating [Indian](/usc/25/1934.md) students and whose total sum of Federal, State, and local funds is insufficient to bring the education of the enrolled [Indian](/usc/25/1934.md) students to a level equal to the level of education provided non-[Indian](/usc/25/1934.md) students in the public schools in which they are enrolled where the absence of such support would result in the closing of schools or the reduction in quality of the education [program](/usc/25/3402.md?p=4) afforded [Indian](/usc/25/1934.md) students attending public schools.


# §13a. Carryover funding


Notwithstanding any other provision of law, any funds appropriated pursuant to [section 13 of this title](/usc/25/13.md), for any fiscal year which are not obligated or expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation or expenditures during such succeeding fiscal year. In the case of amounts made available to a [tribal organization](/usc/25/2902.md?p=5) under a [self-determination contract](/usc/25/5304.md?p=j), if the funds are to be expended in the succeeding fiscal year for the purpose for which they were originally appropriated, contracted or granted, or for which they are authorized to be used pursuant to the provisions of [section 5325(a)(3)](/usc/25/5325.md?p=a-3)[^1] of this title, no additional justification or documentation of such purposes need be provided by the [tribal organization](/usc/25/2902.md?p=5) to the [Secretary](/usc/25/5130.md?p=1) as a condition of receiving or expending such funds.


# §13b. Payment of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, and schools; payment of rewards


On and after October 12, 1984, funds appropriated under this or any other Act for the Bureau of [Indian](/usc/25/1934.md) Affairs may be used for the payment in advance or from date or admission of care, tuition, assistance, and other expenses of [Indians](/usc/25/1934.md) in boarding homes, institutions, or schools; and the payment of rewards for information or evidence concerning violations of law on [Indian reservation](/usc/25/2902.md?p=8) lands or treaty fishing rights use areas.


# §13c. Source of funds to pay cost of lunches for nonboarding public school students


On and after October 12, 1984, any cost of providing lunches to nonboarding students in public schools from funds appropriated under this or any other Act for the Bureau of [Indian](/usc/25/1934.md) Affairs shall be paid from the amount of such funds otherwise allocated for the schools involved without regard to the cost of providing lunches for such students.


# §13d. Limits on use of appropriated funds by Bureau for general or other welfare assistance


After September 30, 1985, no part of any appropriation (except trust funds) to the Bureau of [Indian](/usc/25/1934.md) Affairs may be used directly or by contract for general or other welfare assistance (except child welfare assistance) payments (1) for other than essential needs (specifically identified in regulations of the [Secretary](/usc/25/5130.md?p=1) or in regulations of the State public welfare agency pursuant to the Social Security Act [[42 U.S.C. 301](/usc/42/301.md) et seq.] adopted by reference in the [Secretary](/usc/25/5130.md?p=1)’s regulations) which could not be reasonably expected to be met from financial resources or income (including funds held in trust) available to the recipient individual which are not exempted under law from consideration in determining eligibility for or the amount of Federal financial assistance or (2) for individuals who are eligible for general public welfare assistance available from a State except to the extent the [Secretary](/usc/25/5130.md?p=1) of the Interior determines that such payments are required under sections 6(b)(2), 6(i), and 9(b) of the Maine [Indian](/usc/25/1934.md) Claims Settlement Act of 1980 (94 Stat. 1793, 1794, 1796; [25 U.S.C. 1725(b)(2)](/usc/25/1725.md), 1725(i), 1728(b)).[^1]


# §13d–1. Standards of need as basis for general assistance payments by Bureau of Indian Affairs; ratable reductions


General assistance payments made by the Bureau of [Indian](/usc/25/1934.md) Affairs shall be made—

- (1) after April 29, 1985, and before October 1, 1995, on the basis of Aid to Families with Dependent Children (AFDC) standards of need; and
- (2) on and after October 1, 1995, on the basis of standards of need established under the State [program](/usc/25/3402.md?p=4) funded under part A of title IV of the Social Security Act [[42 U.S.C. 601](/usc/42/601.md) et seq.],

except that where a State ratably reduces its AFDC or State [program](/usc/25/3402.md?p=4) payments, the Bureau shall reduce general assistance payments in such State by the same percentage as the State has reduced the AFDC or State [program](/usc/25/3402.md?p=4) payment.


# §13d–2. Enrollment and general assistance payments

- (a) **In general—** The [Secretary](/usc/25/5130.md?p=1) of the Interior shall not disqualify from continued receipt of general assistance payments from the Bureau of [Indian](/usc/25/1934.md) Affairs an otherwise eligible [Indian](/usc/25/1934.md) for whom the Bureau is making or may make general assistance payments (or exclude such an individual from continued consideration in determining the amount of general assistance payments for a household) because the individual is enrolled (and is making satisfactory progress toward completion of a [program](/usc/25/3402.md?p=4) or training that can reasonably be expected to lead to gainful employment) for at least half-time study or training in—
  - (1) a college assisted by the Bureau under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (92 Stat. 1325; [25 U.S.C. 1801](/usc/25/1801.md)) or the Navajo Community College Act (85 Stat. 645; [25 U.S.C. 640a](/usc/25/640a.md));[^1]
  - (2) an institution of higher education or a vocational school (as defined for purposes of any [program](/usc/25/3402.md?p=4) of assistance to students under the Higher Education Act of 1965 [[20 U.S.C. 1001](/usc/20/1001.md) et seq.]);
  - (3) a course the [Secretary](/usc/25/5130.md?p=1) determines will lead to a high school diploma or an equivalent certificate; or
  - (4) other [programs](/usc/25/3402.md?p=4) or training approved by the [Secretary](/usc/25/5130.md?p=1) or by tribal education, employment or training [programs](/usc/25/3402.md?p=4).
- (b) **Factors not to be considered—** In determining the amount of general assistance provided by the Bureau of [Indian](/usc/25/1934.md) Affairs, the [Secretary](/usc/25/5130.md?p=1) of the Interior shall not include consideration of—
  - (1) additional expenses in connection with the study or training described in [subsection (a)](#a), and
  - (2) the amount of any financial assistance received by the individual as a student or trainee.
- (c) **No effect on other eligibility requirements—** This section does not alter any eligibility requirement for general assistance from the Bureau of [Indian](/usc/25/1934.md) Affairs other than the requirement to be available for employment and to seek employment.

# §13d–3. Tribal authority to change eligibility for, or amount of, general assistance payments


On and after October 21, 1998, notwithstanding any other provision of law, [Indian](/usc/25/1934.md) tribal governments may, by appropriate changes in eligibility criteria or by other means, change eligibility for general assistance or change the amount of general assistance payments for individuals within the service area of such [tribe](/usc/25/3402.md?p=2-A) who are otherwise deemed eligible for general assistance payments so long as such changes are applied in a consistent manner to individuals similarly situated and, that any savings realized by such changes shall be available for use in meeting other priorities of the [tribes](/usc/25/3402.md?p=2-A) and, that any net increase in costs to the Federal Government which result solely from tribally increased payment levels for general assistance shall be met exclusively from funds available to the [tribe](/usc/25/3402.md?p=2-A) from within its tribal priority allocation.


# §13e. Expenses of exhibits; advance payments for services; termination of Federal supervision; treaty expenses


On and after October 12, 1984, such appropriations [appropriations for the Bureau of [Indian](/usc/25/1934.md) Affairs (except the revolving fund for loans and the [Indian](/usc/25/1934.md) loan guarantee and insurance fund)] under this or any other act shall be available for: the expenses of exhibits; advance payments for services (including services which may extend beyond the current fiscal year) under contracts executed pursuant to the Act of June 4, 1936 (48 Stat. 596), as amended ([25 U.S.C. 452](/usc/25/452.md) et seq.),[^1] the Act of August 3, 1956 (70 Stat. 896), as amended ([25 U.S.C. 309](/usc/25/309.md) et seq.), and legislation terminating Federal supervision over certain [tribes](/usc/25/3402.md?p=2-A); and expenses required by continuing or permanent treaty provision.


# §13f. Tribal priority allocations in Alaska

- (a) Notwithstanding any other provision of law, with respect to amounts made available for tribal priority allocations in Alaska, such amounts on and after October 11, 2000, shall only be provided to [tribes](/usc/25/3402.md?p=2-A) the membership of which on June 1 of the preceding fiscal year is composed of at least 25 individuals who are [Natives](/usc/25/5802.md?p=5) (as such term is defined in [section 1602(b) of title 43](/usc/43/1602.md?p=b)) who reside in the area generally known as the village for such [tribe](/usc/25/3402.md?p=2-A).
- (b) Amounts that would have been made available for tribal priority allocations in Alaska but for the limitation contained in [subsection (a)](#a) shall be provided to the respective Alaska [Native](/usc/25/5802.md?p=5) regional nonprofit corporation (as listed in section 103(a)(2) of Public Law 104–193,[^1] 110 Stat. 2159) for the respective region in which a [tribe](/usc/25/3402.md?p=2-A) subject to [subsection (a)](#a) is located, notwithstanding any resolution authorized under federal[^2] law to the contrary.

# §14. Money accruing to Indians from Department of Veterans Affairs or other governmental agencies


Any money accruing from the Department of Veterans Affairs or other governmental agency to incompetent adult [Indians](/usc/25/1934.md), or minor [Indians](/usc/25/1934.md), who are recognized wards of the Federal Government, for whom no legal guardians or other fiduciaries have been appointed may be paid, in the discretion of the [Secretary](/usc/25/5130.md?p=1) of Veterans Affairs, or other head of a governmental bureau or agency, having such funds for payment, to such superintendent or other bonded officer of the [Indian](/usc/25/1934.md) Service as the [Secretary](/usc/25/5130.md?p=1) of the Interior shall designate, for the use of such beneficiaries, or to be paid to or used for, the heirs of such deceased beneficiaries, to be handled and accounted for by him with other moneys under his control, in accordance with existing law and the regulations of the Department of the Interior.