25 U.S.C. § 160

Custody of stocks or bonds held in trust for tribes

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All stocks, bonds, or other securities or evidences of indebtedness held by the Secretary of the Interior on June 10, 1876, in trust for the benefit of certain Indian tribes shall, within thirty days from that date, be transferred to the Treasurer of the United States, who shall become the custodian thereof; and it shall be the duty of said Treasurer to collect all interest falling due on said bonds, stocks, and so forth, and deposit the same in the Treasury of the United States, and to issue certificates of deposit therefor, in favor of the Secretary of the Interior, as trustee for various Indian tribes. And the Treasurer of the United States shall also become the custodian of all bonds and stocks which may be purchased for the benefit of any Indian tribe or tribes after the transfer of funds herein authorized, and shall make all purchases and sales of bonds and stocks authorized by treaty stipulations or by acts of Congress when requested so to do by the Secretary of the Interior: Provided, That nothing in this section shall in any manner impair or affect the supervisory and appellate powers and duties in regard to Indian affairs which may be vested in the Secretary of the Interior as trustee for various Indian tribes, except as to the custody of said bonds and the collection of interest thereon as hereinbefore mentioned.

Notes of Decisions

Cited in 6 cases, 1975–2019 · leading case: Jicarilla Apache Nation v. United States

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Jicarilla Apache Nation v. United States (2009) uscfc “The advice requested generally involves what are acceptable investments for the trusts or the proper procedures for making those investments, questions that, in turn, required the interpretation of various federal statutes, *14 among them 25 U.S.C. § 160 and the Monetary Control…”

Chippewa Cree Tribe of the Rocky Boy's Reservation v. United States (2006) uscfc “, 25 U.S.C. § 160 (1976), (concerning stocks, bonds, and other securities held by the Secretary for certain Indians on June 10, 1876); 25 U.”

United States v. Mescalero Apache Tribe (1975) cc “58 , now codified at 25 U.S.C. § 160 ); and, most tellingly, the funds could not be touched by the Department of the Interior or the Indians until Congress specifically authorized such actions (see Letter from Acting Secretary of the Treasury to the Secretary of the Interior,…”

Cheyenne-Arapaho Tribes of Indians of Oklahoma v. United States (1975) cc “If the Treasury cannot act for defendant in that market, 25 U.S.C. § 160 (giving the Treasury custody over Indian securities), which was enacted solely as a housekeeping measure after an Interior Department fire, 10 Cong.”

Whiskers v. United States (1979) ca10 “, 25 U.S.C. § 160 (1976) (concerning stocks, bonds, and other securities held by the Secretary for certain Indians on June 10, 1876); 25 U.”

Western Shoshone Identifiable Group v. United States (2019) uscfc “The United States Court of Claims, when deciding the parties’ cross-motions for partial summary judgment as to defendant’s liability for allegedly mismanaging the tribes’ judgment funds, examined the various investment statutes codifying the Department of the Interior’s…”

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