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-FIFTH CONGRESS, THIRD SESSION, 1938
Chap. 33  | Chap. 42 | Chap. 63 | Chap. 120 | Chap. 141 | Chap. 144 | Chap. 145 | Chap. 187 | Chap. 198 | Chap. 259 | Chap. 304 | Chap. 310 | Chap. 328 | Chap. 330 | Chap. 386 | Chap. 390 | Chap. 435 | Chap. 436 | Chap. 464 | Chap. 466 | Chap. 524 | Chap. 525 | Chap. 554 | Chap. 645 | Chap. 648 | Chap. 681 | Chap. 686 | Chap. 687 | Chap. 710 | Chap. 776 | Chap. 777 | Chap. 779 | Chap. 814

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Chapter 681
June 25, 1938.  | [H.R. 10851.] 52 Stat., 1114.

An Act Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1938, and for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1938, and June 30, 1939, and for other purposes
Section 203 | 204

Margin Notes
Chap. 681 Second Deficiency Appropriation Act, fiscal year 1938.
Chap. 681 Bureau of Indian Affairs.
Chap. 681 Purchase, etc., of Indian supplies.
Chap. 681 48 Stat., 366; ante, 347. 49 Stat., 181; ante, 406.
49 Stat., 1763; ante, 483. 50 Stat, 570; ante, 521.
Suppressing liquor, etc., traffic.
49 Stat., 1768; ante, 483.
Chap. 681 Vehicles; limitation on expenditure increased. Fiscal year 1937.
49 Stat., 1764; ante, 484.
Chap. 681 Fiscal year 1938.
Chap. 681 50 Stat., 571; ante, 522.
Chap. 681 Payment to Sioux Indians for failure to receive allotments.
Chap. 681 Fort Hall Reservation, Idaho, purchase of land.
Chap. 681 Provisos. Title in trust for Shoshone-Bannock Tribes.
Chap. 681 Title to surface only.
Chap. 681 Southern Ute Indians, Colo., purchase of land for.
Chap. 681 Proviso. Title to land.
Chap. 681 Ute Mountain Indians, Colo., purchase of land for.
Chap. 681 Proviso. Title to land.
Chap. 681 Industrial assistance.
Chap. 681 Ante, 573.
Chap. 681 Gila River Reservation, Ariz., maintenance of San Carlos irrigation project.
Chap. 681 50 Stat., 577; ante, 576.
Chap. 681 48 Stat., 1227; ante, 389. 31 U.S.C. § 725c.
Irrigation systems on Indian reservations.
Chap. 681 50 Stat., 576; ante, 575.
Chap. 681 Arizona.
Chap. 681 New Mexico.
Chap. 681 Natives in Alaska.
Chap. 681 Point Barrow hospital, Alaska construction and equipment. 50 Stat., 222; ante, 515.
Chap. 681 Tongue River Reservation, Mont., Grazing fees.
Chap. 681 Quinaielt Reservation, Wash., expenses of attorneys.
Chap. 681 43 Stat., 886, vol. 4, Filing of claims.
Provisos. Filing of claims.
Chap. 681 Deductions.
Chap. 681 Osage Indians, Okla., expenses of special attorneys.
Chap. 681 Klamath Reservation, Oreg.
Chap. 681 Construction, etc. buildings and utilities, Indian Service.
Chap. 681 Choctaw-Chickasaw Sanatorium and General Hospital, Okla. Pine Ridge. S. Dak.
Chap. 681 San Xavier sanatorium, Ariz.
Chap. 681 Sioux Sanatorium, S. Dak.
Chap. 681 Uintah and Ouray, Utah.
Chap. 681 United Pueblos, N. Mex.
Chap. 681 Aggregate. Proviso. Interchangeability of amounts.
Chap. 681 Reindeer industry, Alaska.
Chap. 681 50 Stat., 900; ante, 557.
Chap. 681 Ante, 573.
Chap. 681 Great Lakes Agency, Wis., buildings and utilities.
Chap. 681 50 Stat., 590; ante, 542.
Chap. 681 Indians of Sioux Reservations, payments.
Chap. 681 25 Stat., 895, vol. 1, 384.
Chap. 681 47 Stat., 110; ante, 274. 48 Stat., 376; ante, 355.
49 Stat., 1780; ante, 447. 50 Stat., 591; ante, 542.
Payment of interest on Indian trust funds.
Chap. 681 49 Stat., 1780; ante, 447. 50 Stat., 591; ante, 542.
Reservation roads, construction, etc.
Chap. 681 Travel, etc., expenses.
Chap. 681 Roads and trails, construction, etc.
Chap. 681 46 Stat., 1053; ante, 190. 16 U.S.C. §§ 8a-8c.
Chap. 681 Proviso. Personal services, D. C.
Sec. 203 Judgments, Court of Claims.
Sec. 203 Interest.
Sec. 203 Time of payment.
Sec. 204 Audited claims.
Sec. 204 18 Stat.,110. 31 U.S.C. § 713.
Sec. 204 23 Stat., 254. 5 U.S.C. § 266.
Sec. 204 Department of the Interior.
Sec. 204 48 Stat., 22.
Sec. 204 48 Stat., 1055; ante, 384.
Sec. 204 Additional audited claims.
Sec. 204 18 Stat.,110. 31 U.S.C. § 713.
Sec. 204 23 Stat., 254. 5 U.S.C. § 266.
Sec. 204 Department of the Interior.

Page 609

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, 1938, and for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1938, and June 30, 1939, and for other purposes, namely:

[For appropriation for Chickamauga, etc. Commission, see Post, 635.]

DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

Purchase and transportation of Indian supplies: For additional amounts for expenses of purchase and transportation of goods and supplies for the Indian Service, for the fiscal years that follow:

For 1935, $35,000;
For 1936, $15,000;
For 1937, $140,000;
For 1938, $100,000.

Suppressing liquor traffic among Indians: For an additional amount for the suppression of the traffic in intoxicating liquors and deleterious drugs among Indians, fiscal year 1937, $1,861.97.

Page 610

Vehicles Indian Service: The limitation of $290,000 on the amount of applicable appropriations for the Bureau of Indian Affairs contained in the Interior Department Appropriation Act, fiscal year 1937, that may be expended for the maintenance, repair, and operation of motor-propelled and horse-drawn passenger- carrying vehicles for the use of employees in the Indian field service, and the transportation of Indian school pupils, is hereby increased to $430,000.

Vehicles, Indian Service: The limitation of $190,000 on the amount of applicable appropriations for the Bureau of Indian Affairs contained in the Interior Department Appropriation Act, fiscal year 1938, that may be expended for the purchase and exchange of motor-propelled, passenger-carrying vehicles for the use of employees in the Indian field service, including the transportation of Indian school pupils, is hereby increased to $200,000.

Payment to Sioux Indians for failure to receive allotments: For an additional amount for payment to various Sioux Indians of the Pine Ridge Reservation, South Dakota, or their heirs, on account of allotments of land to which they were entitled but did not receive, and for compensation of attorneys for services performed, fiscal year 1938, $80, to remain available until expended.

Purchase of land, Fort Hall Reservation, Idaho (tribal funds): For the purchase of Indian-owned and privately owned lands or interests therein, and improvements thereon, fiscal year 1939, $40,000, payable from funds on deposit to the credit of the Fort Hall Indians: Provided, That title to any land, interests therein, or improvements so purchased shall be taken in the name of the United States in trust for the Shoshone-Bannock Tribes of the Fort Hall Reservation: Provided further, That in the discretion of the Secretary of the Interior title may be taken to the surface only.

Purchase of land for the Southern Ute Indians, Colorado (tribal funds): For the purchase of land and improvements thereon for the Southern Ute Indians in Colorado, fiscal year 1939, $20,000, payable from funds on deposit to the credit of the Southern Ute Band of Ute 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 Southern Ute Band of Indians.

Purchase of land for Ute Mountain Indians, Colorado (tribal funds): For the purchase of land and improvements thereon for the Ute Mountain Band of Indians in Colorado, fiscal year 1939, $20,000, payable from funds on deposit to the credit of the Ute Mountain Band: Provided, That title to any land or improvements so purchased shall be taken in the name of the United States in trust for the Ute Mountain Band of Ute Indians.

Industrial assistance (tribal funds): For an additional amount for the construction of homes for individual members of the tribes; for advances to them for the purchase of seed, animals, machinery, tools, 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 1939, $178,000, payable from tribal funds as follows: Fort Apache, Arizona, $25,000; Sells, Arizona, $3,000; Navajo, Arizona and New Mexico, $25,000; Blackfeet, Montana, $125,000; subject to the same conditions specified under this head in the Interior Department Appropriation Act, 1939.

Maintenance, San Carlos irrigation project, Gila River Reservation, Arizona (receipt limitation): For an additional amount for operation and maintenance of the San Carlos project for the irrigation of lands in the Gila River Indian Reservation, Arizona, fiscal year 1938, $10,000

Page 611

(power revenues), from which amount expenditures shall not exceed the aggregate receipts covered into the Treasury in accordance with section 4 of the Permanent Appropriation Repeal Act, 1934.

Irrigation systems on Indian reservations: For additional amounts for the construction, repair, and rehabilitation of irrigation systems on Indian reservations, including the same objects and limitations specified under this head in the Interior Department Appropriation Act, 1938, to remain available until June 30,1939, as follows:

Arizona: Salt River, $42, 712, reimbursable;
New Mexico: Fruitlands, $130,000, reimbursable.
Natives in Alaska: For an additional amount for natives of Alaska, fiscal year 1939, including the same objects specified under this head in the Interior Department Appropriation Act, 1939, $35,000.

Construction and equipment: Point Barrow Hospital, Alaska: The appropriation of $100,000 contained in the Second Deficiency Appropriation Act, fiscal year 1937, for the construction and equipment of a hospital at Point Barrow, Alaska, is hereby continued available for the same purposes until June 30, 1939.

Grazing fees Tongue River reservation, Montana (tribal funds): Not to exceed $6,000 of the funds on deposit in the Treasury of the United States to the credit of the Northern Cheyenne Indians of the Tongue River Reservation, Montana, may be used to pay individual members of the tribe, or their heirs, for the rental of allotments during 1935 and 1936 to the Northern Cheyenne Indian Stockgrowers Association, fiscal year 1938, to remain available until June 30,1939.

Expenses of attorneys, Quinaielt Reservation, Washington (tribal funds): Not to exceed $1,500 of the funds on deposit to the credit of the Quinaielt Indians, Washington, is hereby made available for the fiscal year 1939 for expenses incurred by the attorney of record in prosecuting the claims of the Quinaielt Tribe in the Court of Claims, as authorized by the Act of February 12, 1925 (43 Stat. 886): Provided, That claims for such expenses shall be filed with and approved by the Secretary of the Interior, and such claims shall be itemized and supported by proper vouchers: Provided further, That any payments made hereunder shall be deducted from any amount which may hereafter be decreed by the Court of Claims to the attorney for expenses in connection with the suit on behalf of the Quinaielt Indians.

Expenses of special attorneys, Osage Nation, Oklahoma (tribal funds): For necessary and proper expenses of attorneys employed under contracts in accordance with existing law, to prosecute tax matters on behalf of the Osage Indians, fiscal year 1939, to remain available until expended, $4,000, payable, upon proper vouchers approved by the Secretary of the Interior, from funds on deposit to the credit of the Osage Tribe.

Klamath Reservation, Oregon: For an additional amount for support of Indians and administration of Indian property, Klamath, Reservation, Oregon, fiscal year 1939, $4,500, payable from funds on deposit to the credit of the Klamath Indians, which amount shall 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.

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

Page 612

Choctaw-Chickasaw Sanatorium and General Hospital, Oklahoma: Quarters for employees, $40,000;
Pine Ridge, South Dakota: Horse barn, $10,000; nurses' home and ward attendants' building, including passageway connecting hospital to present nurses' home and remodeling such home for hospital use, $40,000;
San Xavier Sanatorium, Arizona: Improvements to sewer system, $8,500;
Sioux Sanatorium South Dakota: Remodeling and reconditioning all buildings and utilities, $50,000;
Uintah and Ouray, Utah: Quarters for employees, $12,500;
United Pueblos, New Mexico: Agricultural building (Albuquerque School), $30,000;

In all, fiscal year 1939, $191,000: Provided, That not to exceed 5 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.

Reindeer industry, Alaska: For an additional amount for a survey and appraisal of the property and reindeer authorized to be acquired for the natives of Alaska under the provisions of the Act approved September 1, 1937 (50 Stat. 900), fiscal year 1939, including the same objects and under the same conditions specified under this head in the Interior Department Appropriation Act, 1939, $25,000, to be immediately available.

Construction, and so forth, buildings and utilities: Not to exceed $25,000 of the appropriation of $147,500 for a school building at Lac du Flambeau (Great Lakes Agency), Wisconsin, contained in the Interior Department Appropriation Act, 1938, is hereby made available until June 30, 1940, for general repairs and improvements to buildings and utilities (including the purchase and erection of a new water tank) under the jurisdiction of the Great Lakes Agency.

Payment to Indians of Sioux Reservations: For additional amounts 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 fiscal years that follow:

For 1933, $126.50;
For 1935, $825.30;
For 1937, $52,000;
For 1938, $160,000.
Payment of interest on Indian trust funds: For additional amounts for 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, $26,000;
For 1938, $25,000.

Roads, Indian reservations: For an additional amount for the construction, improvement, repair, and maintenance of Indian reservation roads, fiscal year 1939, including the same purposes and subject to the limitations under this bead in the Interior Department Appropriation Act, 1939, $2,000,000.

Travel expenses, and so forth of employees, Indian Service: Appropriations made for the Indian Service for the fiscal year 1939 shall be available for travel expenses of employees on official business; for travel expenses and the cost of packing, crating, drayage, and transportation of personal effects of employees upon permanent change of station with or without a change in official position; for the purchase of ice, and for the purchase of rubber boots for official use of employees.

Page 613

Roads and trails, National Park Service: For an additional amount for the construction, reconstruction, and improvement of roads and trails, inclusive of necessary bridges, in the national parks, monuments, and other areas administered by the National Park Service, including the Boulder Dam Recreational Area, and other areas authorized to be established as national parks and monuments, and national park and monument approach roads authorized by the Act of January 31, 1931 (46 Stat. 1053, 1054), as amended, including the roads from Glacier Park Station through the Blackfeet Indian Reservation to various points in the boundary lire of the Glacier National Park and the international boundary, fiscal year 1939, $3,000,000, to remain available until expended: Provided, That not to exceed, $10,000 of the amount herein appropriated may be expended for personal services in the District of Columbia during the fiscal pear 1939.

JUDGMENTS, COURT OF CLAIMS

SEC. 203.

(a) For payment of the judgments rendered by the Court of Claims and reported to the Seventy-fifth Congress in Senate Document Numbered 191, and House Documents Numbered 661 and 686, under the following departments and establishments, namely:

Department of the Interior, $9,822,411.69;1

together with such additional sum as may be necessary to pay interest as and where specified in such judgments, or as required under mandate of Supreme Court of the United States.

(b) None of the judgments contained under this caption shall be paid until the right of appeal shall have expired, except such as have become final and conclusive against the United States by failure of the parties to appeal or otherwise.

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 1935 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 667, Seventy-fifth Congress, there is appropriated as follows:

Department of the Interior:

For loans and relief in stricken agricultural areas (transfer from Agriculture to Interior, Indians), $390.35.
For emergency conservation fund (transfer from War to Interior, Indians, Act March 31, 1933), $10.
For emergency conservation fund (transfer from War to Interior, Indians, Act June 19, 1934), $310.57.
For purchase and transportation of Indian supplies, $22.58.
For Indian school support, $31.62.


1299 U.S., 476; 304 U.S., 110,117. 82 Ct. Cls., 23; 84 Ct. Cls., 641; 85 Ct. Cls., 331, 451.

Page 614

For Indian boarding schools, $108.22.
For support of Indians and administration of Indian property, $58.16.
For expenses, sale of timber (reimbursable), $45.
For conservation of health among Indians, $138.85
For agriculture and stock raising among Indians, $10.08.
For pay of Indian police, $2.78
For Indian school buildings, $5.30.

(b) For the payment of the following claims, certified to be due by the General Accounting Office under appropriations the balance 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 1935 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 190, Seventy-fifth Congress, there is appropriated as follows:

Department of the Interior:
For purchase and transportation of Indian supplies, $38.75.
For agriculture and stock raising among Indians, $13.09.
For conservation of health among Indians, $434.19.
For Emergency Conservation fund (transfer from War to Interior, Indians, Act June 19, 1934), $10.61.
For loans and relief in stricken agricultural areas (transfer from Agriculture to Interior, Indians), $18.96.
For support of Indians and administration of Indian property, $54.74.
For Indian-school buildings, $266.69.
For Indian-school support, $2.40.

Approved, June 25, 1938.


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