Title 25 — Indians
Chapter 4 — Performance by United States of Obligations to Indians
§ 99. Contracts for supplies in advance of appropriations
Statutory text
The Commissioner of Indian Affairs is authorized to advertise in the spring of each year for bids, and enter into contracts, subject to the approval of the Secretary of the Interior, for goods and supplies for the Indian Service required for the ensuing fiscal year, notwithstanding the fact that the appropriations for such fiscal year have not been made, and the contracts so made shall be on the basis of the appropriations for the preceding fiscal year, and shall contain a clause that no deliveries shall be made under the same and no liability attach to the United States in consequence of such execution if Congress fails to make an appropriation for such contract for the fiscal year for which those supplies are required.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 53–290 § 4 · 28 Stat. 286
Enacted · 25 U.S.C. § 99
(Aug. 15, 1894, ch. 290, § 4, 28 Stat. 312.)
Source evidence
Code source credit
(Aug. 15, 1894, ch. 290, § 4, 28 Stat. 312.)Enacted provision · exact public law section
Sec. 4. That hereafter the Commissioner of Indian Affairs is authorized Advertisement before appropriations. to advertise in the spring of each year for bids, and enter into contracts, subject to the approval of the Secretary of the Interior, for goods and supplies for the Indian service required for the ensuing fiscal year, notwithstanding the fact that the appropriations for such fiscal year have not been made, and the contracts so made shall be on the basis of the appropriations for the preceding fiscal year and shall contain a clause that no deliveries shall be made under the same and no liability attach to the United States in consequence of such execution if Congress fails to make an appropriation for such contract for the fiscal year for which those supplies are required. And the Secretary of the Interior, under the direction of the President, may use any surplus Diversion of surplus for subsistence. that may remain in any of the said appropriations herein made for the purchase of subsistence for the several Indian tribes, to an amount not exceeding twenty-five thousand dollars in the aggregate, to Provisos. Treaty funds. supply any subsistence deficiency that may occur: Provided, however, That funds appropriated to fulfill treaty obligations shall not be used: And provided further, That any diversions which shall be made under authority Report. of this section shall be reported in detail, and the reason therefor, to Congress, at the session of Congress next succeeding such diversion: And provided further, That the Secretary of the Interior under the direction of the President, may use any sums appropriated in this Act for subsistence, and not absolutely necessary for Purchase of stock cattle, etc. that purpose, for the purchase of stock cattle for the benefit of the tribe for which such appropriation is made, or for the assistance of such Indians to become farmers, and in aiding such Indians as have taken allotments to build houses and other buildings for residence or improvement Buildings, etc. of such allotments, and shall report to Congress, at its next session thereafter, an account of his action under this provision.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Transfer of Functions
Effective , Procurement Division of Department of the Treasury changed to Bureau of Federal Supply by regulation issued by Secretary of the Treasury under authority of section 301 of Title 5. Functions of Bureau of Federal Supply transferred to Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380, which was repealed and reenacted as section 303(a) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), , 116 Stat. 1062, 1304. Section 303(a) of Title 40 was amended generally by Pub. L. 109–313, § 2(a)(1), , 120 Stat. 1734, and, as so amended, no longer relates to the Bureau of Federal Supply. See Historical and Revision Notes and 2006 Amendment note under section 303 of Title 40.
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
Function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency transferred to a Procurement Division in Department of the Treasury by Ex. Ord. No. 6166, , set out as a note under section 901 of Title 5, Government Organization and Employees.
Credits
(Aug. 15, 1894, ch. 290, § 4, 28 Stat. 312.)