25 U.S.C. § 177: Purchases or grants of lands…

Summary

Only land sales, grants, leases, or other transfers of land or land claims from an Indian tribe are valid if done by a treaty or agreement made under the U.S. Constitution. Anyone not working for the United States who tries to make such a deal must pay a $1,000 fine. If a State’s agent is allowed to attend a U.S.-authorized treaty and the U.S. commissioner approves, that agent can offer and settle payment for tribal land claims inside the State, and those claims will be ended by the treaty.

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