25 U.S.C. § 13 — Expenditure of appropriations by Bureau

Page 13 TITLE 25—INDIANS § 13 unallotted lands, to persons, corporations, or or- ganizations 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 of Indians in Oklahoma. (Mar. 3, 1911, ch. 210, § 17, 36 Stat. 1069.) 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. § 12. Agent to negotiate commutation of annuities The Commissioner of Indian Affairs is author- ized to send a special Indian Agent, or other rep- resentative of his office, to visit any Indian tribe for the purpose of negotiating and entering into a written agreement with such tribe for the commutation of the perpetual annuities due under treaty stipulations, to be subject to the approval of Congress; and the Commissioner of Indian Affairs shall transmit to Congress said agreements with such recommendations as he may deem proper. (Apr. 30, 1908, ch. 153, 35 Stat. 73.) 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. § 13. Expenditure of appropriations by Bureau The Bureau of Indian Affairs, under the super- vision of the Secretary of the Interior, shall di- rect, supervise, and expend such moneys as Con- gress may from time to time appropriate, for the benefit, care, and assistance of the Indians 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 property. For extension, improvement, operation, and maintenance of existing Indian irrigation sys- tems and for development of water supplies. For the enlargement, extension, improvement, and repair of the buildings and grounds of exist- ing plants and projects. For the employment of inspectors, super- visors, superintendents, clerks, field matrons, farmers, physicians, Indian police, Indian 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 af- fairs. Notwithstanding any other provision of this section or any other law, postsecondary schools administered by the Secretary of the Interior for Indians, 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], shall be eligible to participate in and re- ceive appropriated funds under any program au- thorized by the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] or any other applicable pro- gram for the benefit of institutions of higher education, community colleges, or postsec- ondary educational institutions. (Nov. 2, 1921, ch. 115, 42 Stat. 208; Pub. L. 94–482, title IV, § 410, Oct. 12, 1976, 90 Stat. 2233; Pub. L. 105–244, title I, § 102(a)(8)(A), Oct. 7, 1998, 112 Stat. 1619.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in text, is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. AMENDMENTS 1998—Pub. L. 105–244, which directed substitution of ‘‘101’’ for ‘‘1201’’ in the last paragraph of ‘‘section 410 of the Act entitled ‘An Act authorizing appropriations and expenditures for the administration of Indian Af- fairs, and for other purposes’, approved November 2, 1921 (25 U.S.C. 13) (commonly known as the Snyder Act)’’, was executed to last paragraph of this section, which is the act of Nov. 2, 1921, ch. 115, commonly known as the Snyder Act, to reflect the probable intent of Congress. This section was amended by section 410 of Pub. L. 94–482 to add the last paragraph. 1976—Pub. L. 94–482 inserted provisions relating to postsecondary schools administered by the Secretary of the Interior for Indians. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise pro- vided or, if not so specifically otherwise provided, effec- tive July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94–482, set out as a note under section 1001 of Title 20, Education. SHORT TITLE Act Nov. 2, 1921, which enacted this section, is popu- larly known as the ‘‘Snyder Act’’. Page 14 TITLE 25—INDIANS § 13–1 1 See References in Text note below. AVAILABILITY OF HOUSING IMPROVEMENT PROGRAM GRANT REPAYMENTS FOR PROGRAM OBLIGATIONS Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 714, pro- vided: ‘‘That hereafter, notwithstanding any other pro- vision of law, amounts collected from grantees by the Secretary as grant repayments required under the Sec- retary’s regulations for the Housing Improvement Pro- gram shall be credited in the year collected and shall be available for obligation under the terms and condi- tions applicable to the Program under that year’s ap- propriation’’. ALTERNATIVE METHODS FOR EQUITABLE DISTRIBUTION OF SUPPLEMENTAL PROGRAM FUNDS; DEVELOPMENT, PUBLICATION, ETC., OF FORMULA Pub. L. 95–561, title XI, § 1102, Nov. 1, 1978, 92 Stat. 2316, provided that: ‘‘(a) The Secretary of the Interior shall develop alter- native methods for the equitable distribution of any supplement program funds provided, pursuant to an ap- propriation under the Act of November 2, 1921, com- monly referred to as the Snyder Act [25 U.S.C. 13], for contracting under the Act of April 16, 1934, commonly referred to as the Johnson-O’Malley Act [25 U.S.C. 5342 et seq.], and shall publish in the Federal Register by March 1, 1979, such alternatives for the purpose of al- lowing eligible tribes to comment by May 1, 1979. At that time, the Secretary shall conduct a field survey listing all alternative formula. ‘‘(b) By July 1, 1979, the Secretary shall establish and publish the formula in the Federal Register which the majority of such tribes determine, but vote certified to the Secretary, to be most equitable and shall use such formula for purposes of distribution of the funds appro- priated pursuant to such Act beginning on or after Oc- tober 1, 1979. The Secretary shall, in accordance with procedures consistent with that prescribed herein, re- vise such formula periodically as necessary’’. PAYMENTS FOR BASIC EDUCATIONAL SUPPORT GRANTS OR CONTRACTS; AUTHORIZATION; TIME Pub. L. 95–561, title XI, § 1103(a), Nov. 1, 1978, 92 Stat. 2316, as amended by Pub. L. 96–46, § 2(b)(1), Aug. 6, 1979, 93 Stat. 341, provided that payments for basic edu- cational support grants or contracts for fiscal year 1978, including any fiscal year 1978 funds subsequently obligated in fiscal year 1979, were to be made under the authority of act Apr. 16, 1934, and set forth conditions, time, etc., for payments. 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. § 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 are authorized to be appropriated to provide funds for basic educational support through parent committees under the Act of April 16, 1934 [25 U.S.C. 5342 et seq.], to those public schools educating Indian students and whose total sum of Federal, State, and local funds is insufficient to bring the education of the enrolled Indian students to a level equal to the level of education provided non-Indian stu- dents in the public schools in which they are en- rolled where the absence of such support would result in the closing of schools or the reduction in quality of the education program afforded In- dian students attending public schools. (Pub. L. 95–561, title XI, § 1103(b), Nov. 1, 1978, 92 Stat. 2316.) Editorial Notes REFERENCES IN TEXT Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the John- son-O’Malley Act, which is classified generally to sec- tion 5342 et seq. of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as an Effective Date of 1978 Amendment note under section 1221e–3 of Title 20, Edu- cation. § 13a. Carryover funding Notwithstanding any other provision of law, any funds appropriated pursuant to section 13 of this title, for any fiscal year which are not obli- gated or expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain avail- able for obligation or expenditures during such succeeding fiscal year. In the case of amounts made available to a tribal organization under a self-determination contract, if the funds are to be expended in the succeeding fiscal year for the purpose for which they were originally appro- priated, contracted or granted, or for which they are authorized to be used pursuant to the provi- sions of section 5325(a)(3) 1 of this title, no addi- tional justification or documentation of such purposes need be provided by the tribal organi- zation to the Secretary as a condition of receiv- ing or expending such funds. (Pub. L. 93–638, § 8, Jan. 4, 1975, 88 Stat. 2206; Pub. L. 100–472, title I, § 105, Oct. 5, 1988, 102 Stat. 2287.) Editorial Notes REFERENCES IN TEXT Section 5325(a)(3) of this title, referred to in text, was repealed and a new subsec. (a)(3) of section 5325 was added by Pub. L. 103–413, title I, § 102(14)(C), Oct. 25, 1994, 108 Stat. 4257. See section 5325(a)(4) of this title. AMENDMENTS 1988—Pub. L. 100–472 amended section generally. Prior to amendment, section read as follows: ‘‘The provisions of any other laws to the contrary notwithstanding, any funds appropriated pursuant to section 13 of this title, for any fiscal year which are not obligated and ex- pended prior to the beginning of the fiscal year suc- ceeding the fiscal year for which such funds were appro- priated shall remain available for obligation and ex- penditure during such succeeding fiscal year.’’ § 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 appro- priated under this or any other Act for the Bu-