INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE SEVENTY-SIXTH CONGRESS, FIRST SESSION, 1939.
Chap. 29  | Chap. 1 | Chap. 10 | Chap. 11 | Chap. 17 | Chap. 18 | Chap. 20 | Chap. 21 | Chap. 22 | Chap. 107 | Chap. 119 | Chap. 154 | Chap. 156 | Chap. 185 | Chap. 203 | Chap. 208 | Chap. 210 | Chap. 235 | Chap. 248 | Chap. 252 | Chap. 253 | Chap. 254 | Chap. 272 | Chap. 384 | Chap. 387 | Chap. 431 | Chap. 440 | Chap. 483 | Chap. 519 | Chap. 552 | Chap. 607 | Chap. 633 | Chap. 634 | Chap. 662 | Chap. 687 | Chap. 695

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Chapter 633
August 9, 1939 [H. R. 7462] |  [Public, No. 361] 53 Stat. 1301

AN ACT
Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1939, and for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1939, and June 30, 1940, and for other purposes.

Margin Notes
Chap. 633 Third Deficiency Appropriation Act, fiscal year 1939.
Chap. 633 1313
Chap. 633 1314
Chap. 633 Indian supplies, purchase and transportation.
Chap. 633 Eastern Band of Cherokee Indians, N. C. Purchase of land, etc., from tribal funds.
Chap. 633 Proviso. Title to land, etc.
Chap. 633 Colville Indians, Wash. Purchase of land, etc., from tribal funds.
Chap. 633 Proviso. Title to land, etc.
Chap. 633 Colville Indians, Wash. Construction of homes, purchase of seed, equipment, etc.
Chap. 633 Advances to old, etc., Indians.
Chap. 633 Conditions.
Ante, p. 697.
Chap. 633 San Carlos project, Ariz. Operation and maintenance.
Chap. 633 Middle Rio Grande Conservancy District, N. Mex. Maintenance assessments, etc.
Chap. 633 Irrigation systems on Indian reservations.
Chap. 633 1315
Ante, p. 699.
Chap. 633 San Carlos, Ariz.
Chap. 633 Klamath Reservation, Oreg.
Chap. 633 Payment of damages.
Chap. 633 Reimbursement.
Chap. 633 Reindeer industry, Alaska. Purchase of reindeer, buildings, etc.
Chap. 633 50 Stat. 900.
48 U. S. C., Supp. IV, §§ 250-250p.
Administrative expenses.
Chap. 633 Provisos. Limitation on average price of reindeer.
Chap. 633 Nunivak Island excepted.
Chap. 633 Support of Indians, etc., under specified agencies, from tribal funds.
Chap. 633 California. Expenses, etc., of agent employed by Agua Caliente Band.
Ante, p. 708.
Chap. 633 Colorado. Purchase of land, etc.
Ante, p. 708.
Chap. 633 Oregon. Attorneys' fees, etc.
Ante, p. 708.
Chap. 633 Wisconsin. Attorneys' fees, etc.
Ante, p. 708.
Chap. 633 Western or Old Settler Cherokees.
Chap. 633 1316
Chap. 633 School, agency, hospital, etc., buildings.
Chap. 633 Colville, Wash.
Chap. 633 50 Stat. 590.
Chap. 633 School and agency facilities at Inchelium.
Chap. 633 Proviso. Contribution by State, etc.
Chap. 633 Mescalero, N. Mex.
Chap. 633 Navajo, Ariz.
Chap. 633 Pine Ridge, S. Dak.
Chap. 633 Uintah and Ouray, Utah.
Chap. 633 Total.
Chap. 633 Proviso. Limitation on transfers.
Chap. 633 Indians of Sioux Reservations, payments.
Chap. 633 25 Stat. 895.
Chap. 633 Payment of interest on Indian trust funds.
Chap. 633 1328
Chap. 633 1330
Chap. 633 Audited claims.
Chap. 633 18 Stat. 110.
31 U. S. C. § 713.
Chap. 633 23 Stat. 254.
5 U. S. C. § 266.
Chap. 633 1332
Department of the Interior.
Chap. 633 48 Stat. 1055.
Chap. 633 48 Stat. 22.
Chap. 633 1334
Additional audited claims.
Chap. 633 18 Stat. 110.
31 U.S.C. § 713.
Chap. 633 23 Stat. 254.
5 U. S. C. § 266.
Chap. 633 1335

Page 40

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1939, and for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1939, and June 30, 1940, and for other purposes, namely:

TITLE I—GENERAL APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS

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GENERAL EXPENSES

Purchase and transportation of Indian supplies: For an additional amount for expenses of purchase and transportation of goods and supplies for the Indian Service, for the following fiscal years:

For 1936, $16,000;
For 1937, $4,000;
For 1938, $50,000.

INDIAN LANDS

Purchase of land for Eastern Band of Cherokee Indians, North Carolina (tribal funds): For the purchase of land and improvements thereon for the Eastern Band of Cherokee Indians in North Carolina, fiscal year 1940, $5,000, payable from funds on deposit to the credit of the Eastern Band of Cherokee Indians: Provided, That title to any land or improvements so purchased shall be taken in the name of the United States in trust for the Eastern Band of Cherokee Indians.

Purchase of land for Colville Indians, Washington (tribal funds): For the purchase of land and improvements thereon for the Colville Indians, Washington, fiscal year 1940, to remain available until June 30, 1941, $100,000, payable from funds on deposit to the credit of the Colville Indians: Provided, That title to any land and improvements so purchased shall be taken in the name of the United States in trust for the Colville Indians.

INDUSTRIAL ASSISTANCE AND ADVANCEMENT

Industrial assistance (tribal funds): For an additional amount for the construction of homes for individual members of the Colville tribe of Indians, Washington; for advances to them for the purchase of seed, animals, machinery, implements, building material, and other equipment and supplies; and for advances to old, disabled, or indigent Indians for their support and burial, and Indians having irrigable allotments to assist them in the development and cultivation thereof, fiscal year 1940, $100,000, payable from funds on deposit to the credit of the Colville Indians; subject to the same conditions specified under this head in the Interior Department Appropriation Act, 1940.

IRRIGATION AND DRAINAGE

Operation and maintenance, San Carlos irrigation project, Gila River Reservation, Arizona: For the operation and maintenance of the San Carlos project for the irrigation of lands in the Gila River Indian Reservation, Arizona, including $75,000 for the power system, fiscal year 1940, $125,000, reimbursable.

Maintenance assessments, Indian lands, Middle Rio Grande Conservancy District, New Mexico (reimbursable): For an additional amount for operation and maintenance assessments on newly reclaimed Indian lands within the Middle Rio Grande Conservancy District, New Mexico, fiscal year 1938, $2,843.

Irrigation systems on Indian reservations: For an additional amount for the construction, repair, and rehabilitation of irrigation systems on Indian reservations, fiscal year 1940, including the same objects and limitations specified under the appropriation for this purpose in the Interior Department Appropriation Act, 1940, as follows:

Arizona: San Carlos, $50,000, reimbursable.

Construction, irrigation system, Klamath Reservation, Oregon (tribal funds): For the construction of an irrigation system on the Klamath Reservation, including acquisition of rights-of-way and pay-

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ment of damages in connection with such irrigation system, fiscal year 1940, $15,000, payable from funds on deposit to the credit of the Klamath Indians, to be reimbursed to the tribe by the Indians benefited under such rules and regulations as the Secretary of the Interior may prescribe.

CONSERVATION AND HEALTH

Reindeer industry, Alaska: For the purchase, in such manner as the Secretary of the Interior shall deem advisable, of reindeer, abattoirs, cold-storage plants, corrals and other buildings, and communication and other equipment, owned by nonnatives in Alaska, as authorized by the Act of September 1, 1937 (50 Stat. 900), $720,000; and for necessary administrative expenses in connection with such purchase and the establishment and development of the reindeer industry for the benefit of the Eskimos and other natives of Alaska, as authorized by said Act, including personal services in the District of Columbia (not to exceed $2,300) and elsewhere, traveling expenses, erection, repair, and maintenance of corrals, fences, and other facilities, $75,000; in all, fiscal year 1940, $795,000: Provided, That under this appropriation not exceeding an average of $4 per head shall be paid for reindeer purchased from nonnative owners: Provided further, That the foregoing limitation shall not apply to the purchase of reindeer located on Nunivak Island.

GENERAL SUPPORT AND ADMINISTRATION

Support of Indians and administration of Indian property (tribal funds): For an additional amount for support of Indians and administration of Indian property under the jurisdiction of the following agencies, to be paid from the funds held by the United States in trust for the respective tribes, fiscal year 1940, in not to exceed the following sums, respectively:

California: Mission Indians, $4,000, to be available for the expenses and compensation of an agent employed by the Agua Caliente Band, under a contract approved by the Secretary of the Interior, in accordance with existing law;

Colorado: Consolidated Ute (Ute Mountain), $38,000, including the purchase of land, the subjugation thereof, and the construction of improvements thereon;

Oregon: Klamath; not to exceed $4,500 of the amount authorized in the Interior Department Appropriation Act, fiscal year 1940, for the support of the Klamath Agency from tribal funds, shall be available for fees and expenses of an attorney or firm of attorneys selected by the tribe and employed under a contract approved by the Secretary of the Interior, in accordance with existing law;

Wisconsin: Keshena, $5,200, to be available only for fees and expenses of an attorney or firm of attorneys selected by the tribe and employed under a contract approved by the Secretary of the Interior, in accordance with existing law:
In all, $47,200.

Western or Old Settler Cherokees: For the relief of the Western or Old Settler Cherokees, as authorized by the bill S. 2261 entitled “For the relief of the Western or Old Settler Cherokees, and for other purposes,” Seventy-sixth Congress, fiscal year 1940, $6,416.42.

CONSTRUCTION AND REPAIR

Construction, and so forth, buildings and utilities, Indian Service: For an additional amount for the construction, repair, or rehabilitation of school, agency, hospital, or other buildings and utilities, including the purchase of land and the acquisition of easements or

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rights-of-way when necessary, and including the purchase of furniture, furnishings, and equipment, as follows:

Colville, Washington: Not to exceed $7,000 of the appropriation of $30,000 contained in the Interior Department Appropriation Act, fiscal year 1938, for improvement of the water supply, is hereby made available until June 30, 1941, for general repairs, including improvements to the sewer system;

Colville (Inchelium), Washington: To provide school and agency facilities at Inchelium, $138,900, including school building, office building and clinic, jail and quarters, five dwellings, warehouse, garage, and utilities: Provided, That no obligations shall be incurred hereunder for the school building unless and until Public School District Numbered 30 of Inchelium, Ferry County, or the State of Washington, contributes one-half of the amount required for the construction of the school facilities provided for herein, which amount shall be credited to this appropriation and shall be available for the purposes of this paragraph;

Mescalero, New Mexico: Employees' building, $35,000;

Navajo, Arizona: School facilities, $10,000;

Pine Ridge, South Dakota: School facilities, $114,600;

Uintah and Ouray, Utah: Central heating plant, including the installation of distribution lines and radiation and insulation in existing buildings, $30,000;

In all, fiscal year 1940, to remain available until June 30, 1941, $328,500: Provided, That not to exceed 10 per centum of the amount of any specific authorization may be transferred in the discretion of the Commissioner of Indian Affairs to the amount of any other specific authorization but no limitation shall be increased more than 10 per centum by such transfer.

ANNUITIES AND PER CAPITA PAYMENTS

Payment to Indians of Sioux Reservations: For an additional amount for payment of Sioux benefits to Indians of the Sioux Reservations as authorized by the Act of March 2, 1889 (25 Stat. 895), as amended, for the following fiscal years:

For 1938, $70,000;
For 1939, $27,000.

Payment of interest on Indian trust funds: For an additional amount for the payment of interest on moneys held in trust for the several Indian tribes, as authorized by various Acts of Congress, for the following fiscal years:

For 1937, $7,153.10;
For 1938, $83,186.02;
For 1939, $380,000.

TITLE II—JUDGMENTS AND AUTHORIZED CLAIMS

AUDITED CLAIMS

SEC. 204.

(a) For the payment of the following claims, certified to be due by the General Accounting Office under appropriations the balances of which have been carried to the surplus fund under the provisions of section 5 of the Act of June 20, 1874 (31 U. S. C. 713), and under appropriations heretofore treated as permanent, being for the service of the fiscal year 1936 and prior years, unless otherwise stated, and which have been certified to Congress under section 2 of the Act of July 7, 1884 (5 U. S. C. 266), as fully set forth in House Document Numbered 418, Seventy-sixth Congress, there is appropriated as follows:

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Department of the Interior:

For emergency conservation fund (transfer from War to Interior, Indians, Act June 19, 1934), $148.64.
For emergency conservation fund (transfer from War to Interior, Indians, Act March 31, 1933), $5.04.
For purchase and transportation of Indian supplies, $10.52.
For Indian boarding schools, $396.02.
For support of Indians and administration of Indian property, $62.14.
For Indian school support, $789.08.
For conservation of health among Indians, $1,689.99.
For Indian service supply fund, $73.91.
For fulfilling treaties with Sioux of different tribes, including Santee Sioux of Nebraska, North Dakota, and South Dakota, $4.37.
For agriculture and stock raising among Indians, $32.10.
For education, Sioux Nation, $1.07.
For pay of Indian police, $10.27.
For administration of Indian forests, $17.34.
For water supply for Indians in Arizona and New Mexico, $27.82.
For irrigation, Indian reservations, $2.

(b) For the payment of the following claims, certified to be due by the General Accounting Office under appropriations the balances of which have been carried to the surplus fund under the provisions of section 5 of the Act of June 20, 1874 (31 U. S. C. 713), and under appropriations heretofore treated as permanent, being for the service of the fiscal year 1936 and prior years, unless otherwise stated, and which have been certified to Congress under section 2 of the Act of July 7, 1884 (5 U. S. C. 266), as fully set forth in Senate Document Numbered 114, Seventy-sixth Congress, there is appropriated as follows:

Department of the Interior:

For irrigation, Indian reservations, $117.09.
For Indian school support, $2,001.85.
For Indian school buildings, 38 cents.
For support of Indians and administration of Indian property, $7.98.
For conservation of health among Indians, $91.41.
For Indian agency buildings, $19.58.

Approved, August 9, 1939.


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