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Title 25 — IndiansRelease 119-73

§81a Counsel for prosecution of claims against the United States; cancellation; revival

Title 25 › Chapter CHAPTER 3— - AGREEMENTS WITH INDIANS › Subchapter SUBCHAPTER II— - CONTRACTS WITH INDIANS › § 81a

Last updated Apr 6, 2026|Official source

Summary

If the Secretary of the Interior approved a contract before June 26, 1936, between a tribe (or band or Indian group) and its lawyers to pursue claims against the United States, and the contract says it runs for a set number of years and continues as needed, or that payment is based on the value of services up to a stated percentage, that contract will be treated as meeting the law’s rules. The Secretary may still cancel any such contract after giving notice and holding a hearing for a good reason. These rules do not bring back any contract that already ended by time, by law, or by the parties’ actions.

Full Legal Text

Title 25, §81a

Indians — Source: USLM XML via OLRC

Any contracts or agreements approved prior to June 26, 1936, by the Secretary of the Interior between the authorities of any tribe, band, or group of Indians and their attorneys for the prosecution of claims against the United States, which provide that such contracts or agreements shall run for a period of years therein specified, and as long thereafter as may be required to complete the business therein provided for, or words of like import, or which provide that compensation for services rendered shall be on a quantum-meruit basis not to exceed a specified percentage, shall be deemed a sufficient compliance with section 81 of this title: Provided, however, That nothing herein contained shall limit the power of the Secretary of the Interior, after due notice and hearing and for proper cause shown, to cancel any such contract or agreement: Provided further, That the provisions of this section and section 81b of this title shall not be construed to revive any contract which has been terminated by lapse of time, operation of law, or by acts of the parties thereto.

Legislative History

Notes & Related Subsidiaries

Executive Documents

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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 81a

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73