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.


Home | Disclaimer & Usage | Table of Contents | Index

PUBLIC ACTS OF THE SEVENTY-FIFTH CONGRESS, FIRST SESSION, 1937
Chap. 108  | Chap. 111 | Chap. 114 | Chap. 123 | Chap. 227 | Chap. 270 | Chap. 277 | Chap. 280 | Chap. 281 | Chap. 283 | Chap. 396 | Chap. 404 | Chap. 406 | Chap. 527 | Chap. 529 | Chap. 570 | Chap. 592 | Chap. 649 | Chap. 651 | Chap. 701 | Chap. 702 | Chap. 725 | Chap. 757 | Chap. 759 | Chap. 768 | Chap. 770 | Chap. 772 | Chap. 778 | Chap. 779 | Chap. 866 | Chap. 868 | Chap. 874 | Chap. 875 | Chap. 890 | Chap. 897

Page Images




Chapter 897
September 1, 1937.  | [S. 1722.] 60 Stat., 900.

An Act To provide subsistence for the Eskimos and other natives of Alaska by establishing for them a permanent and self-sustaining economy, to encourage and develop native activity in all branches of the reindeer industry; and for other purposes
Section 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17

Margin Notes
Chap. 897 Alaska. Reindeer industry, establishment, etc. Policy and purpose declared
Sec. 2 Government acquisition of reindeer, range equipment, etc.
Sec. 2 Condemnation proceedings.
Sec. 2 40 U.S.C. §§ 257, 258a.
Sec. 2 Proviso. Consolidation of native-owned with nonnative-owned herds.
Sec. 3 Declarations of ownership by nonnatives to be filed.
Sec. 3 Records; open to inspection.
Sec. 3 Failure to file declaration. Acceptance of gifts.
Sec. 5 Federal loans, allocations, etc.
Sec. 6 Receipts to constitute a revolving fund.
Sec. 7 Establishment of permanent, self-sustaining economy authorized.
Sec. 8 Distributions to natives.
Sec. 8 Profits.
Sec. 9 Delegation of powers.
Sec. 10 Sale or transfer by descent, etc., to other than natives.
Sec. 10 Transfer of stock of native organization to nonnative, etc.
Sec. 10 Penalty for violation.
Sec. 10 Provisos. Title restrictions.
Sec. 10 Transfer to native relatives.
Sec. 11 "Reindeer" defined.
Sec. 12 Rules and regulations.
Sec. 13 Appointment of natives to supervisory positions.
Sec. 14 Grazing, ranges, etc.
Sec. 14 Penalty provisions.
Sec. 15 "Natives of Alaska" defined, Indians.
15 Stat., 539.
Sec. 16 Appropriations authorized
Sec. 17 Inconsistent Acts repealed.

Page 557

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a necessity for providing means of subsistence for the Eskimos and other native s of Alaska is hereby declared to exist. It is also declared to be the policy of Congress, and the purpose of this Act, to establish and maintain for the said natives of Alaska a self-sustaining economy by acquiring and organizing for and on behalf of said natives a reindeer

Page 558

industry or business, by encouraging and developing native activity and responsibility in all branches of the said industry or business, and by preserving the native character of the said industry or business thus established.

SEC. 2.

The Secretary of the Interior is hereby authorized and directed, to acquire, in the name of the United States, by purchase or other lawful means, including exercise of the power of eminent domain, for and on behalf of the Eskimos and other natives of Alaska, reindeer, reindeer-range equipment, abbatoirs, cold-storage plants, warehouses, and other property, real or personal, the acquisition of which he determines to be necessary to the effectuation of the purposes of this Act. Any condemnation proceedings undertaken by virtue of the authority granted in this section shall conform, as nearly as may be, to the procedure provided for the condemnation of real estate by the Act of August 1, 1888 (Chapter 728), or to that provided by the Act of February 26, 1931 (Chapter 307): Provided, That nothing herein contained shall authorize the Secretary of the Interior to consolidate native-owned herds of reindeer with herds owned by others than natives prior to the purchase or acquisition of such herds of others than natives.

SEC. 3.

All persons, other than natives of Alaska, who upon the date of this enactment claim title to any Alaskan reindeer shall, within one year after the date of this enactment, file in Alaska, with the duly authorized agent or agents of the Secretary of the Interior, declarations of their ownership. Similar declarations concerning Alaskan reindeer acquired by any person not a native of Alaska by purchase or by gift at any time after the date of this enactment shall be filed as aforesaid within thirty days after the date of such acquisition. Records of all declarations thus filed shall be made and kept open to public inspection in Alaska. If any owner of Alaskan reindeer, to whom the foregoing provisions of this section are applicable, shall fail to file the required declaration within the stated period, he shall be barred thereafter from asserting his claim of title.

SEC. 4.

The Secretary of the Interior is hereby authorized to receive, in the name of the United States, for and on behalf of said natives of Alaska, gifts made for the purposes of this Act.

SEC. 5.

The Secretary of the Interior is hereby authorized to receive and expend, for the purposes of this Act, properly authorized loans, grants, or allocations made to him for said purposes by Federal agencies.

SEC. 6.

Except as herein otherwise specially provided, none of the moneys collected or received by the Secretary of the Interior in his administration of this Act shall be paid into the Treasury, but all such moneys shall constitute a revolving fund to be administered by the Secretary of the Interior for the purposes of this Act.

SEC. 7.

The Secretary of the Interior is authorized and directed to organize and manage the reindeer industry or business provided for by this Act in such manner as to establish and maintain for said natives of Alaska a complete and self- sustaining economy and to encourage and develop the activity and responsibility of said natives in all branches of said industry or business.

SEC. 8.

The Secretary of the Interior is authorized to distribute the reindeer and other property acquired by the United States under this Act among the Eskimos or other natives of Alaska, or to corporations, associations, or organizations of said natives, either in the form of gifts or under such conditions as the Secretary of the Interior may prescribe, and to execute and deliver appropriate instruments of title, or to hold and use the same in trust for the use and benefit of said

Page 559

natives, with a view of effecting the widest possible distribution of such reindeer and other property among those natives of Alaska who are in need thereof and who can make proper use. of the same. The Secretary of the Interior may from time to time, in such manner as he determines to be proper for effectuating the purposes of this Act, distribute among those of said natives or corporations, associations, or other organizations of said natives, who are engaged in said industry or business or for whose subsistence reindeer are necessary, whatever profits may be earned by that part of the industry or business which is owned by the United States and which may, in the judgment of the Secretary of the Interior, be distributed in accordance with sound business practice.

SEC. 9.

The Secretary of the Interior is hereby authorized to grant, in his discretion and subject to such terms as he may impose, to any corporations, associations, or other organizations of said natives any or all of the powers relating to the administration of the reindeer industry or business herein provided for, upon a finding by him as to each grant that it is in the interests of the said natives of Alaska and will serve the purposes of this Act.

SEC. 10.

Live reindeer in Alaska, and the increase thereof, acquired by the Secretary of the Interior pursuant to this Act, and live reindeer in Alaska, and the increase thereof, owned by the said natives of natives, or corporations, associations, or other organizations of said natives, however acquired, shall not be sold or transferred, by descent, devise, or in any other manner whatsoever, to anyone other than the said natives of Alaska the United States for and on behalf of said natives, or corporations, associations, or other organizations of said natives, except with the consent in writing of the Secretary of the Interior or his duly authorized agent, stating that such consent is given upon the condition that the reindeer, and any increase thereof, sold or otherwise transferred with said consent, shall either be butchered in the Territory of Alaska within thirty days or shipped out of said Territory and never brought back alive into said Territory. Sales or other transfers of said reindeer, if made without the consent in writing herein required or, although made with said consent, if followed by failure to comply with the condition therein required, shall be null and void, and shall not pass any title to or right to possession of any reindeer or increase thereof. No stock or other interest in any corporation, association, or other organization of said natives, engaged in or organized for the purpose of engaging in the reindeer industry or business, shall be transferred, by descent, devise, or in any other manner whatsoever, to anyone other than said natives of Alaska, the United States for and on behalf of said natives, or corporations, associations, or other organizations of said natives. Any willful violation of the provisions of this section of this Act by any vendee or other transferee shall be punishable by a fine of not more than $500: Provided, That no title to any reindeer, or reindeer products, owned by the United States for and on behalf of the said natives of Alaska, nor any title to reindeer, or reindeer products, owned by any of said natives or said corporations, associations, or other organizations of said natives, nor any stock or other interest in said corporations, associations, or other organizations of said natives, shall be transferred by descent, devise, or in any other manner whatsoever, except pursuant to regulations promulgated by the Secretary of the Interior for the, purposes of preserving the native character of the reindeer industry or business in Alaska and effectuating the other purposes of this Act Provided further, That nothing herein contained shall prevent any native of Alaska who owns reindeer or any interest therein through

Page 560

stock ownership, or otherwise, in any corporation or association or other organization owning reindeer, from transferring his reindeer, or any interest therein, to his children or other native relatives by gift, sale, devise, or bequest, or prevent the same from being so transferred or Passed by descent.

SEC. 11.

"Reindeer" as used in this Act shall. be understood to include reindeer and such caribou as have been introduced into animal husbandry or have actually joined reindeer herds, and the increase thereof.

SEC. 12.

The Secretary of the Interior is hereby authorized to promulgate such rules and regulations as, in his judgment, are necessary to carry into effect the provisions of this Act.

SEC. 13.

Whenever, in his judgment, it is practicable and to the best interests of the natives the Secretary shall appoint natives to the supervisory and other positions in the administration of such reindeer industry or business.

SEC. 14.

In order to coordinate the use of public lands in Alaska for grazing reindeer with the purposes of this Act, the Secretary of the Interior is hereby authorized to regulate the grazing of reindeer upon said lands. He may, in his discretion, define reindeer ranges and regulate the use thereof for grazing reindeer; issue grazing permits; regulate and control all round-ups, handlings, markings, and butcherings of reindeer upon said public lands; and may issue rules and regulations to carry into effect the provisions of this section of this Act. Any person who willfully violates any of the rules and regulations promulgated for the purpose of carrying into effect the provisions of this section of this Act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not more than one year or by a fine of not more than $500.

SEC. 15.

The term "natives of Alaska" as used herein shall be deemed to mean the native Indians, Eskimos, and Aleuts of whole or part blood inhabiting Alaska at the time of the Treaty of Cession of Alaska to the United States and their descendants of whole or part blood, together with the Indians and Eskimos who, since the year 1867 and prior to the enactment hereof, have migrated into Alaska from the Dominion of Canada, and their descendants of the whole or part blood.

SEC. 16.

The sum of $2,000,000 is hereby authorized to be appropriated for the use of the Secretary of the Interior in carrying out the provisions of this Act.

SEC. 17.

All Acts of Congress or parts thereof which are inconsistent with the provisions of this Act are hereby repealed.

Approved, September 1, 1937.


Search | OSU Library Electronic Publishing Center

Produced by the Oklahoma State University Library
URL: http://digital.library.okstate.edu/kappler/

Comments to: lib-dig@okstate.edu