Finding #697 (GPT-6 Sol, repo 1871-indian-treaty-making-rider-preserved-existing-treaty-obligations, SHA d6d9fb3c…).
The 1961 Commission captions a turning point “The abandonment of treaties” and quotes Congress’ 1871 refusal to recognize an Indian nation or tribe as an independent power with whom to contract by treaty (printed p.121; note 19 cites ch. 126, 16 Stat. 566, 25 U.S.C. §71). In the original Indian Appropriations Act of March 3, 1871, the prohibition sits in a proviso to the Yankton Sioux appropriation and is immediately followed by a second proviso: “nothing herein contained shall be construed to invalidate or impair the obligation of any treaty heretofore lawfully made and ratified” with such a nation or tribe.
What ceased was the specified future treaty-making mode with tribes within U.S. territory — not the binding force of prior lawfully ratified treaties. The official heading is chapter 120 (CHAP. CXX), not the Commission note’s chapter 126; Statutes-at-Large page 566 is the reliable locator. Headline accounts should retain both provisos. Saving obligations does not prove every term was later honored; ending treaty-making is not textual repeal of old treaties.
Primary: archive README · 16 Stat. 566 · USCCR 1961 PDF leaf 135/299.