§177 — Title 25 Indians | U.S. Code

Summary

Land sales, leases, or other transfers from an Indian tribe are not valid unless the United States makes them by a treaty under the Constitution. Anyone not working for the U.S. who tries to negotiate or deal for tribal land must pay a $1,000 fine. A state agent at a U.S.-run treaty, with the U.S. commissioner’s approval, may offer and settle payment for land claims in that state, and those claims will then end.

Title 25, §177

Indians — Source: USLM XML via OLRC

No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of $1,000. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty.

Editorial Notes

Codification R.S. § 2116 derived from act June 30, 1834, ch. 161, § 12, 4 Stat. 730.

§177 Purchases or Grants of Lands From Indians

Summary

Title 25, §177

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata