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25 U.S.C. § 81aCounsel for prosecution of claims against the United States; cancellation; revival

submitted 90 years ago by ch. 851 to r/title-25-INDIANS · 184 words · no verdicts yet

in plain englishAI-generated · not legal advice

Old attorney contracts approved before June 26, 1936, for pursuing tribal claims against the United States count as valid, even if they run for set years plus extra time to finish, or pay a percentage fee. The Secretary can still cancel one after notice and a hearing, but this law does not revive an already-ended contract.

This section covers contracts or agreements approved before June 26, 1936, by the Secretary of the Interior, between a tribe's leaders and their attorneys, for pursuing claims against the United States. If such a contract says it runs for a stated number of years plus however much longer is needed to finish the work (or similar wording), or if it pays the attorney a percentage fee instead of a flat rate, that counts as good enough compliance with section 81 of this title. Even so, the Secretary keeps the power to cancel such a contract or agreement, after giving due notice, holding a hearing, and finding proper cause. And this section, along with section 81b of this title, does not revive any contract that has already ended — whether by running out of time, by operation of law, or because the parties themselves ended it.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (June 26, 1936, ch. 851, § 1, 49 Stat. 1984.)

history & why it existsrecord from the source credit
  • 1936Enacted · Act of June 26, 1936, ch. 851 · 49 Stat. 1984

A history note hasn’t been published yet. The record shows enactment by ch. 851 on 1936-06-26.

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