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25 U.S.C. § 82Payments under contracts; aiding in making prohibited contracts

submitted date unrecorded by Congress to r/title-25-INDIANS · 167 words · no verdicts yet

in plain englishAI-generated · not legal advice

A federal officer cannot pay an Indian-claim attorney beyond fees actually earned; money owed to the tribe goes straight to them. Before anyone is paid for services under such a contract, they must file a sworn account of the work, which the Secretary and Commissioner review before approving payment.

No United States officer may pay any agent or attorney under an Indian-claim contract or agreement more than the fees actually earned for services performed under it. Money owed to the tribe, Indian, or Indians involved must instead be paid by the United States, through its own officers or agents, directly to whoever is entitled to it. No one may be paid anything for services under such a contract until they first file a sworn statement with the Commissioner of Indian Affairs, describing each specific act of service, with dates and details. The Secretary of the Interior and the Commissioner of Indian Affairs must then decide, based on that statement, whether the contract has been fully complied with. If it has, payment may be made in full. If not, payment is made only in proportion to the services actually performed.
the actual law source: uscode.house.gov ↗public domain

No money shall be paid to any agent or attorney by an officer of the United States under any such contract or agreement, other than the fees due him for services rendered thereunder; but the moneys due the tribe, Indian, or Indians, as the case may be, shall be paid by the United States, through its own officers or agents, to the party or parties entitled thereto; and no money or thing shall be paid to any person for services under such contract or agreement, until such person shall have first filed with the Commissioner of Indian Affairs a sworn statement, showing each particular act of service under the contract, giving date and fact in detail, and the Secretary of the Interior and Commissioner of Indian Affairs shall determine therefrom whether, in their judgment, such contract or agreement has been complied with or fulfilled; if so, the same may be paid, and, if not, it shall be paid in proportion to the services rendered under the contract.

Source credit: (R.S. § 2104.)

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