25 Usc 44

§§ 34, 35

TITLE 25—INDIANS

Page 12

§§ 34, 35. Repealed. Pub. L. 89–554, § 8(a), Sept. 6,
1966, 80 Stat. 632, 642, 650

the Appendix to Title 5, Government Organization and
Employees.

Section 34, acts Aug. 24, 1912, ch. 355, § 8, 37 Stat. 487;
June 6, 1939, ch. 185, 53 Stat. 810, authorized the superintendent, acting superintendent, and principal clerks
of the different Indian superintendencies or Indian
agencies to administer oaths to expense accounts.
Section 35, R.S. § 2064, authorized Indian Agents to
take acknowledgements of deeds and to administer
oaths.

§ 41. Special agents and commissioners
All special agents and commissioners not appointed by the President shall be appointed by
the Secretary of the Interior.
(R.S. § 2067.)
CODIFICATION

§ 36. Special agents and other officers to administer oaths

R.S. § 2067 derived from act Mar. 3, 1863, ch. 99, § 1, 12
Stat. 792.

Each special agent, supervisor of schools, or
other official charged with the investigation of
Indian agencies and schools, in the pursuit of his
official duties shall have power to administer
oaths and to examine on oath all officers and
persons employed in the Indian Service, and all
such other persons as may be deemed necessary
and proper.

For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain 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.

(Mar. 1, 1899, ch. 324, § 1, 30 Stat. 927.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain 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.

TRANSFER OF FUNCTIONS

INDIAN AGENTS
The services of Indian agents have been dispensed
with. See note set out under section 64 of this title.

§ 41a. Indian inspectors
Indian inspectors shall on and after March 4,
1909 be termed inspectors, and shall be included
in the classified service.
(Mar. 4, 1909, ch. 297, § 1, 35 Stat. 888.)

INDIAN AGENTS

TRANSFER OF FUNCTIONS

The services of Indian agents have been dispensed
with. See note set out under section 64 of this title.

For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain 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.

§ 37. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966,
80 Stat. 633, 641
Section, acts Mar. 3, 1875, ch. 132, § 10, 18 Stat. 450;
Mar. 3, 1909, ch. 263, 35 Stat. 784, related to keeping of
books by Indian agents and penalties for the falsification thereof.

§ 42. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966,
80 Stat. 632

§ 38. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat.
1028

Section, R.S. § 2068, provided for interpreters for Indian agencies under Department of the Interior.

Section, R.S. § 2061, related to visits to Washington,
D.C., by agents in California.

§ 43. Persons paid for other services not paid for
interpreting

§ 39. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966,
80 Stat. 632

No person employed by the United States and
paid for any other service shall be paid for interpreting.

Section, R.S. § 2063, related to compensation for extra
services rendered by Indian Agents.

§ 40. Limits of superintendencies, agencies, and
subagencies
The limits of each superintendency, agency,
and subagency shall be established by the Secretary of the Interior, either by tribes or geographical boundaries.
(R.S. § 2066.)
CODIFICATION
R.S. § 2066 derived from acts June 30, 1834, ch. 162, § 7,
4 Stat. 736; Mar. 3, 1847, ch. 66, § 1, 9 Stat. 203.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain 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

(Apr. 4, 1910, ch. 140, § 2, 36 Stat. 272.)
§ 44. Employment of Indians
In the Indian Service Indians shall be employed as herders, teamsters, and laborers, and
where practicable in all other employments in
connection with the agencies and the Indian
Service. And it shall be the duty of the Secretary of the Interior and the Commissioner of
Indian Affairs to enforce this provision.
(Aug. 15, 1894, ch. 290, § 10, 28 Stat. 313.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain 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.

Page 13

§ 47a

TITLE 25—INDIANS

§ 45. Preference to Indians qualified for duties
In all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, a preference shall be given to
persons of Indian descent, if such can be found,
who are properly qualified for the execution of
the duties.
(R.S. § 2069.)

(June 25, 1910, ch. 431, § 23, 36 Stat. 861; Pub. L.
100–581, title II, § 206, Nov. 1, 1988, 102 Stat. 2940;
Pub. L. 103–435, § 14, Nov. 2, 1994, 108 Stat. 4572.)
REFERENCES IN TEXT
Section 831 of the National Defense Authorization
Act for Fiscal Year 1991, referred to in text, is section
831 of Pub. L. 101–510, which is set out as a note under
section 2302 of Title 10, Armed Forces.

CODIFICATION

CODIFICATION

R.S. § 2069 derived from act June 30, 1834, ch. 162, § 9,
4 Stat. 737.

Section is based on proviso of first sentence of section 23 of act of June 25, 1910. Remainder of first sentence of section 23 was classified to section 93 of this
title prior to repeal by act Oct. 10, 1940, ch. 851, § 4, 54
Stat. 1112.

TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain 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.

§ 46. Preference to Indians in employment of
clerical, mechanical, and other help
Preference shall at all times, as far as practicable, be given to Indians in the employment
of clerical, mechanical, and other help on reservations and about agencies.
(May 17, 1882, ch. 163, § 6, 22 Stat. 88; July 4, 1884,
ch. 180, § 6, 23 Stat. 97.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain 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.

§ 47. Employment of Indian labor and purchase
of products of Indian industry; participation
in Mentor-Protege Program
So far as may be practicable Indian labor shall
be employed, and purchases of the products (including, but not limited to printing, notwithstanding any other law) of Indian industry may
be made in open market in the discretion of the
Secretary of the Interior. Participation in the
Mentor-Protege Program established under section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 2301 note) or
receipt of assistance pursuant to any developmental assistance agreement authorized under
such program shall not render Indian labor or
Indian industry ineligible to receive any assistance authorized under this section. For the purposes of this section—
(1) no determination of affiliation or control
(either direct or indirect) may be found between a protege firm and its mentor firm on
the basis that the mentor firm has agreed to
furnish (or has furnished) to its protege firm
pursuant to a mentor-protege agreement any
form of developmental assistance described in
subsection (f) of section 831 of the National
Defense Authorization Act for Fiscal Year 1991
(10 U.S.C. 2301 note); and
(2) the terms ‘‘protege firm’’ and ‘‘mentor
firm’’ have the meaning given such terms in
subsection (c) of such section 831.

PRIOR PROVISIONS
Provisions similar to those in this section were contained in act Apr. 30, 1908, ch. 153, 35 Stat. 71, making
appropriations for the Indian Department.
AMENDMENTS
1994—Pub. L. 103–435 inserted at end ‘‘Participation in
the Mentor-Protege Program established under section
831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note) or receipt of assistance pursuant to any developmental assistance agreement authorized under such program shall not render
Indian labor or Indian industry ineligible to receive
any assistance authorized under this section. For the
purposes of this section—
‘‘(1) no determination of affiliation or control (either direct or indirect) may be found between a protege firm and its mentor firm on the basis that the
mentor firm has agreed to furnish (or has furnished)
to its protege firm pursuant to a mentor-protege
agreement any form of developmental assistance described in subsection (f) of section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 2301 note); and
‘‘(2) the terms ‘protege firm’ and ‘mentor firm’ have
the meaning given such terms in subsection (c) of
such section 831.’’
1988—Pub. L. 100–581 inserted ‘‘(including, but not
limited to printing, notwithstanding any other law)’’
after ‘‘products’’.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain 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.

§ 47a. Security required by Secretary; contracts
with Indian-owned economic enterprise; public work
The Secretary, in his discretion, may require
security other than bonds required by sections
3131 and 3133 of title 40 when entering into a contract with an Indian-owned economic enterprise
pursuant to the provisions of the Act of June 25,
1910 (25 U.S.C. 47), for the construction, alteration, or repair of any public work of the United
States: Provided, That, the alternative form of
security provides the United States with adequate security for performance and payment.
(Pub. L. 98–449, § 11, Oct. 4, 1984, 98 Stat. 1726.)
CODIFICATION
‘‘Sections 3131 and 3133 of title 40’’ substituted in text
for ‘‘the Miller Act (40 U.S.C. 270a)’’ on authority of