25 U.S.C. § 174

Superintendence by President over tribes west of Mississippi

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The President is authorized to exercise general superintendence and care over any tribe or nation which was removed upon an exchange of territory under authority of the act of May 28, 1830, “to provide for an exchange of lands with the Indians residing in any of the States or Territories, and for their removal west of the Mississippi;” and to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1983–2021 · leading case: S. Ute Indian Tribe v. Amoco Prod. Co., 874 F. Supp. 1142 (D. Colo. 1995).

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S. Ute Indian Tribe v. Amoco Prod. Co., 874 F. Supp. 1142 (D. Colo. 1995). “This question has also been exhaustively briefed and argued including application of the Non-intercourse Act, 25 U.S.C. § 174 and allocation of Rule 56 burdens under 25 U.”

St. Paul Intertribal Hous. Bd. v. Reynolds, 564 F. Supp. 1408 (D. Minnesota 1983). “The Commission summarized the origin and basis of the trust doctrine in its Final Report as follows: The Federal trust responsibility emanates from the unique relationship between the United States and Indians in which the-Federal Government undertook the obligation to insure…”

S. Ute Indian Tribe v. Amoco Prod. Co., 863 F. Supp. 1389 (D. Colo. 1994). “This question has also been exhaustively briefed and argued including application of the Non-intercourse Act, 25 U.S.C. § 174 and allocation of Rule 56 burdens under 25 U.”

Mattwaoshshe v. Nextera Energy, Inc. (D.D.C. 2021). “There is nothing in the provisions Plaintiffs cite—25 U.S.C. §§ 174, 175, 185, or AIRFA—that requires the United States to represent Plaintiffs in this case.”

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