Collapse to view only § 48. Right of tribes to direct employment of persons engaged for them
- §§ 21, 22. Repealed.
- §§ 23, 24. Omitted
- § 25. Superintendent for Five Civilized Tribes
- § 25a. Application of civil service laws
- § 26. Repealed.
- § 27. Omitted
- §§ 28 to 31. Repealed.
- § 32. Omitted
- § 33. Superintendents in charge of reservations; administration of oath of office
- §§ 34, 35. Repealed.
- § 36. Special agents and other officers to administer oaths
- § 37. Repealed.
- § 38. Repealed.
- § 39. Repealed.
- § 40. Limits of superintendencies, agencies, and subagencies
- § 41. Special agents and commissioners
- § 41a. Indian inspectors
- § 42. Repealed.
- § 43. Persons paid for other services not paid for interpreting
- § 44. Employment of Indians
- § 45. Preference to Indians qualified for duties
- § 46. Preference to Indians in employment of clerical, mechanical, and other help
- § 47. Employment of Indian labor and purchase of products of Indian industry; participation in Mentor-Protege Program
- § 47a. Security required by Secretary; contracts with Indian-owned economic enterprise; public work
- § 48. Right of tribes to direct employment of persons engaged for them
- § 49. Repealed.
- § 50. Repealed.
- §§ 51 to 52a. Repealed.
- § 53. Disbursing officers; acting clerks
- §§ 54, 55. Repealed.
- § 56. Quarters, fuel, and light for employees
- § 57. Omitted
- § 58. Limitation on number and kind of employment
- § 59. Transfer of funds for payment of employees; details for other service
- § 60. Compensation prescribed to be in full
- § 61. Estimates for personal services in Indian Office
- § 62. Discontinuance and transfer of agencies
- § 63. Consolidation of agencies
- § 64. Services of agents dispensed with
- § 65. Discontinuance of agents, subagents, and interpreters
- § 66. Duties of agency devolved on superintendent of Indian school
- § 67. Repealed.
- §§ 68, 68a. Repealed.
The offices of the Commissioner of the Five Civilized Tribes and superintendent of Union Agency, in Oklahoma, are abolished as of September 1, 1914, and in lieu thereof there shall be appointed by the President, by and with the advice and consent of the Senate, a Superintendent for the Five Civilized Tribes, with his office located in the State of Oklahoma, at a salary of $5,000 per annum, and said superintendent shall exercise the authority and perform the duties exercised prior to September 1, 1914, by the Commissioner to the Five Civilized Tribes and the superintendent of the Union Agency, with authority to reorganize the department and to eliminate all unnecessary clerks, subject to the approval of the Secretary of the Interior.
The position of Superintendent of the Five Civilized Tribes is included within the competitive classified civil service and shall be subject to civil service laws and rules.
Superintendents and acting superintendents in charge of Indian reservations, schools, irrigation and allotment projects are authorized and empowered to administer the oath of office required of employees placed under their jurisdiction.
Each special agent, supervisor of schools, or other official charged with the investigation of Indian agencies and schools, in the pursuit of his official duties shall have power to administer oaths and to examine on oath all officers and persons employed in the Indian Service, and all such other persons as may be deemed necessary and proper.
The limits of each superintendency, agency, and subagency shall be established by the Secretary of the Interior, either by tribes or geographical boundaries.
All special agents and commissioners not appointed by the President shall be appointed by the Secretary of the Interior.
Indian inspectors shall on and after March 4, 1909 be termed inspectors, and shall be included in the classified service.
No person employed by the United States and paid for any other service shall be paid for interpreting.
In the Indian Service Indians shall be employed as herders, teamsters, and laborers, and where practicable in all other employments in connection with the agencies and the Indian Service. And it shall be the duty of the Secretary of the Interior and the Commissioner of Indian Affairs to enforce this provision.
In all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, a preference shall be given to persons of Indian descent, if such can be found, who are properly qualified for the execution of the duties.
Preference shall at all times, as far as practicable, be given to Indians in the employment of clerical, mechanical, and other help on reservations and about agencies.
The Secretary, in his discretion, may require security other than bonds required by sections 3131 and 3133 of title 40 when entering into a contract with an Indian-owned economic enterprise pursuant to the provisions of the Act of June 25, 1910 (25 U.S.C. 47), for the construction, alteration, or repair of any public work of the United States: Provided, That, the alternative form of security provides the United States with adequate security for performance and payment.
Where any of the tribes are, in the opinion of the Secretary of the Interior, competent to direct the employment of their blacksmiths, mechanics, teachers, farmers, or other persons engaged for them, the direction of such persons may be given to the proper authority of the tribe.
Any disbursing agent of the Indian Service, with the approval of the Commissioner of Indian Affairs, may authorize a clerk employed in his office to act in his place and discharge all the duties devolved upon him by law or regulations during such time as he may be unable to perform the duties of his position because of absence, physical disability, or other disqualifying circumstances: Provided, That such clerk, while acting for his principal, shall be subject to all the liabilities and penalties prescribed by law for official misconduct of disbursing agents.
The Secretary of the Interior, in his discretion, may allow quarters, fuel, and light to employees of the Indian Service whose compensation is not prescribed by law, the salaries of such employees to be fixed on this basis and the cost of providing quarters, fuel, and light to be paid from any funds which are applicable and available therefor: Provided, That this authorization shall be retroactive to the extent of approving any expenditures for such purposes authorized by the Secretary of the Interior prior to June 7, 1924.
The number and kind of employees at each agency shall be prescribed by the Secretary of the Interior and none other shall be employed.
When not required for the purpose for which appropriated, the funds provided for the pay of specified employees at any Indian agency may be used by the Secretary of the Interior for the pay of other employees at such agency, but no deficiency shall be thereby created; and, when necessary, specified employees may be detailed for other service when not required for the duty for which they were engaged.
The several compensations prescribed by title 28 of the Revised Statutes shall be in full of all emoluments or allowances whatsoever. But where necessary, a reasonable allowance or provision may be made for offices and office contingencies.
Annual estimates in detail shall be submitted for all personal services required in the Indian Office, and it shall not be lawful to employ in said office any personal services other than those specifically appropriated for in the legislative, executive, and judicial appropriation Acts, except temporary details of field employees for service connected solely with their respective employments.
The President shall, whenever he may judge it expedient, discontinue any Indian agency, or transfer the same, from the place or tribe designated by law, to such other place or tribe as the public service may require.
The President may, in his discretion, consolidate two or more agencies into one, and where Indians are located on reservations created by Executive order he may, with the consent of the tribes to be affected thereby, expressed in the usual manner, consolidate one or more tribes, and abolish such agencies as are thereby rendered unnecessary.
It shall be the duty of the President to dispense with the services of such Indian agents and superintendents as may be practicable; and where it is practicable he shall require the same person to perform the duties of two agencies or superintendencies for one salary.
The Secretary of the Interior shall, under the direction of the President, cause to be discontinued the services of such agents, subagents, interpreters, and mechanics as may from time to time become unnecessary, in consequence of the emigration of the Indians, or other causes.
The Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may devolve the duties of Indian agency or part thereof upon the superintendent of the Indian school located at such agency or part thereof whenever in his judgment such superintendent can properly perform the duties of such agency.
The pay of any superintendent who performs agency duties in addition to those of his superintendency may be increased by the Commissioner of Indian Affairs, in his discretion, to an extent not exceeding $300 per annum.