INDIAN AFFAIRS: LAWS AND TREATIES

Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.


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PUBLIC ACTS OF THE SEVENTY-FOURTH CONGRESS, FIRST SESSION, 1935
Chap. 3  |  Chap. 36  |  Chap. 39  |  Chap. 101  |  Chap. 108  |  Chap. 112  |  Chap. 131  |  Chap. 135  |  Chap. 157  |  Chap. 168  |  Chap. 188  |  Chap. 189  |  Chap. 190  |  Chap. 191  |  Chap. 192  |  Chap. 193  |  Chap. 194  |  Chap. 195  |  Chap. 196  |  Chap. 197  |  Chap. 198  |  Chap. 199  |  Chap. 202  |  Chap. 204  |  Chap. 205  |  Chap. 215  |  Chap. 216  |  Chap. 219  |  Chap. 238  |  Chap. 239  |  Chap. 248  |  Chap. 260  |  Chap. 275  |  Chap. 281  |  Chap. 282  |  Chap. 358  |  Chap. 414  |  Chap. 508  |  Chap. 517  |  Chap. 518  |  Chap. 551  |  Chap. 553  |  Chap. 683  |  Chap. 686  |  Chap. 745  |  Chap. 748  |  Chap. 750  |  Chap. 827  |  Chap. 828  |  Chap. 832  |  Chap. 839

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Chapter 508
August 12, 1935. | [H. R. 8554.] 49 Stat., 571.

An Act Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1935, and for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1935, and June 30, 1936, and for other purposes
Section 2 | 3 | 4

Margin Notes
Chap. 508 Second Deficiency Act, fiscal year, 1935.
Chap. 508 Interior Department.
Chap. 508 Indian Affairs Bureau.
Chap. 508 General expenses. Transportation, etc.
Chap. 508 Field representatives.
Chap. 508 Menominee Indians, Wis. Audit of funds.
Chap. 508 Sioux Sanatorium, etc. Balance reappropriated.
47 Stat., 412, 783.
Chap. 508 Public school buildings, construction.
Chap. 508 Ante, 430.
Chap. 508 Ante, 430.
Chap. 508 Proviso. Plans, etc.
Chap. 508 Monthly payments. United States to recoup expenditures.
Sec. 2 Pending Indian suits in Court of Claims.
Sec. 2 Offset against amounts due, for gratuities, etc.
Sec. 2 Amount of Federal expense to be expressed in Court findings.
Sec. 2 Provisos. Pending claims not affected.
Sec. 2 48 Stat., 984; ante, 378.
Exceptions.
Sec. 2 Tribal expenditures not gratuities.
Sec. 2 Designated activities, etc., excluded.
Sec. 3 Judgments, Court of Claims.
Sec. 3 Payment of.
Sec. 4 Audited claims.
Sec. 4 Payment of.
Sec. 4 18 Stat., 110.
Sec. 4 U.S.C., p. 1022.
Sec. 4 Department of Interior.
Sec. 4 Payment of.
Sec. 4 18 Stat., 110.
U.S.C., p. 1022.
Sec. 4 Department of the Interior.

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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, 1935, and for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1935, and June 30, 1936, and for other purposes, namely:

DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

General expenses: For an additional amount for transportation and incidental expenses of officers and clerks of the Bureau of Indian Affairs when traveling on official duty; for telegraph and telephone toll messages on business pertaining to the Indian Service sent and received by the Bureau of Indian Affairs at Washington, and for other necessary expenses of the Indian Service for which no other appropriation is available, fiscal year 1934, $4,800.

Field representatives, Indian Service: For an additional amount for salaries, traveling and incidental expenses of field representatives of the Commissioner of Indian Affairs, fiscal year 1933, $46.45.

Menominee Indians: The appropriation of $20,000 from tribal funds of the Menominee Indians, Wisconsin, for the purpose of making an audit of such funds and for other purposes, contained in the Interior Department Appropriation Act, fiscal year 1936, approved May 9, 1935, is hereby made available for the expenses of such audit from and after February 1, 1935, and the contract or contracts for such audit may be made retroactive to February 1, 1935.

Conservation of health among Indians (Sioux Sanatorium and employees' quarters, South Dakota): The unexpended balance of the appropriation of $375,000 (including the amount impounded under section 320 of the Act of June 30, 1932), contained in the Interior Department Appropriation Act, fiscal year 1932, and continued available by the Acts of April 22, 1932, and February 17, 1933, for the construction of the Sioux Sanatorium and employees' quarters at Pierre, South Dakota, is hereby reappropriated and made available until June 30, 1937, for such a sanatorium and employees' quarters at such place in South Dakota as the Secretary of the Interior shall select.

Construction, enlargement, or improvement of public-school buildings: For cooperation with public-school districts in the construction, enlargement, or improvement of local public elementary or high schools, including purchase of necessary equipment, as authorized by and in conformity with numerous Acts of the Seventy-fourth Congress approved June 7, 1935, fiscal year 1936, $931,000, as follows: Queets, Washington, $10,000 (Public, Numbered 111); Glacier County, Montana, $100,000 (Public, Numbered 103); Wolf Point, Montana, $50,000 (Public, Numbered 104); Polson, Montana, $40,000 (Public, Numbered 105); Lake and Missoula Counties, Montana, $100,000 (Public, Numbered 106); Brockton, Montana, $40,000

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(Public, Numbered 107); Poplar, Montana, $25,000 (Public, Numbered 108); Marysville, Washington, $38,000 (Public, Numbered 110); Frazer, Montana, $25,000 (Public, Numbered 109); White Swan, Washington, $50,000 (Public, Numbered 112); Covelo, California, $50,000 (Public, Numbered 113); Shannon County, South Dakota, $125,000 (Public, Numbered 114); Big Horn County, Montana (district numbered 27), $80,000 (Public, Numbered 119); Blaine County, Montana, $15,000 (Public, Numbered 120); Medicine Lake, Montana, $25,000 (Public, Numbered 127); Hardin and Crow Agency, Big Horn County, Montana (district 17-H), $158,000 (Public, Numbered 126): Provided, That plans and specifications for construction, enlargement, or improvement of structures shall be furnished by local or State authorities, without cost to the United States, and upon approval thereof by the Commissioner of Indian Affairs actual work shall proceed under the direction of such local or State officials. Payment for work in place shall be made monthly, on vouchers properly certified by local officials of the Indian Service: Provided further, That any amount expended on any project hereunder shall be recouped by the United States within a period of thirty years, commencing with the date of occupancy of the project, through reducing the annual Federal tuition payments for the education of Indian pupils enrolled in public or high schools of the district involved, or by the acceptance of Indian pupils in such schools without cost to the United States; and in computing the amount of recoupment for each project interest at 3 per centum per annum shall be included on unrecouped balances.

SEC. 2.

In all suits now pending in the Court of Claims by an Indian tribe or band which have not been tried or submitted, and in any suit hereafter filed in the Court of Claims by any such tribe or band, the Court of Claims is hereby directed to consider and to offset against any amount found due the said tribe or band all sums expended gratuitously by the United States for the benefit of the said tribe or band; and in all cases now pending or hereafter filed in the Court of Claims in which an Indian tribe or band is party plaintiff, wherein the duty of the court is merely to report its findings of fact and conclusions to Congress, the said Court of Claims is hereby directed to include in its report a statement of the amount of money which has been expended by the United States gratuitously for the benefit of the said tribe or band: Provided, That expenditures made prior to the date of the law, treaty, agreement, or Executive order under which the claims arise shall not be offset against the claims or claim asserted; and expenditures under the Act of June 18, 1934 (48 Stat. L. 984), except expenditures under appropriations made pursuant to section 5 of such Act, shall not be charged as offsets against any claim on behalf of an Indian tribe or tribes now pending in the Court of Claims or hereafter filed: Provided further, That funds appropriated and expended from tribal funds shall not be construed as gratuities; and this section shall not be deemed to amend or affect the various Acts granting jurisdiction to the Court of Claims to hear and determine the claims listed on page 678 of the hearings before the subcommittee of the House Committee on Appropriations on the second deficiency appropriation bill for the fiscal year 1935: And provided further, That no expenditure under any emergency appropriation or allotment made subsequently to March 4, 1933, and generally applicable throughout the United States for relief in stricken agricultural areas, relief from distress caused by unemployment and conditions resulting therefrom, the prosecution of public works and

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public projects for the relief of unemployment or to increase employment, and for work relief (including the civil-works program) shall be considered in connection with the operation of this section.

JUDGMENTS, COURT OF CLAIMS

SEC. 3.

(a) For payment of the judgments rendered by the Court of Claims and reported to the Seventy-fourth Congress in Senate Document Numbered 83 and House Document Numbered 199, under the following departments and establishments, namely:

Department of the Interior (Indians), $622,465.57;

AUDITED CLAIMS

SEC. 4.

(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 (U.S.C., title 31, sec. 713), and under appropriations heretofore treated as permanent, being for the service of the fiscal year 1932 and prior years, unless otherwise stated, and which have been certified to Congress under section 2 of the Act of July 7, 1884 (U.S.C. title, 5, sec. 266), as fully set forth in House Document Numbered 210, Seventy-fourth Congress, there is appropriated as follows:

Department of the Interior

For support and civilization of Indians, $14.50.

For education of natives of Alaska, $4.90.

For conservation of health among Indians, $5.

For support of Indians and administration of Indian property, $3.49.

(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 (U.S.C., title 31, sec. 713), and under appropriations heretofore treated as permanent, being for the service of the fiscal year 1932 and prior years, unless otherwise stated, and which have been certified to Congress under section 2 of the Act of July 7, 1884 (U.S.C., title 5. sec. 266), as fully set forth in Senate Document Numbered 85, Seventy-fourth Congress, there is appropriated as follows:

Department of the Interior:

For administration of Indian forests, $79.80.

Approved, August 12, 1935.


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