INDIAN AFFAIRS: LAWS AND TREATIES

Vol. IV, Laws     (Compiled to March 4, 1927)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.

PUBLIC ACTS OF THE SIXTY-SIXTH CONGRESS, FIRST SESSION, 1919.
Chap. 4 | Chap. 6 | Chap. 24 | Chap. 93 | Chap. 95 | Chap. 109

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Chapter 4
June 30, 1919. | [H. R. 2480.] 41 Stat., 3.

An Act Making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1920.
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Be it enacted by the Senate and House of Representative of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and in full compensation for all offices and salaries which are provided for herein for the service of the fiscal year ending June 30, 1920, namely:

SURVEYING AND ALLOTTING INDIAN RESERVATIONS (REIMBURSABLE).

For the survey, resurvey, classification, and allotment of lands in severalty under the provisions of the Act of February 8, 1887 (Twenty-fourth Statutes at Large, page three hundred and eighty-eight), entitled "An Act to provide for the allotment of lands in severalty to Indians," and under any other Act or Acts providing for the survey or allotment of Indian lands, $10,000, to be repaid proportionally out of any Indian moneys held in trust or otherwise by the United States and available by law for such reimbursable purposes: Provided, That no part of said sum shall be used for the survey, resurvey, classification, or allotment of any land in severalty on the public domain to any Indian, whether of the Navajo or other tribes, within the State of New Mexico and the State of Arizona, who was not residing upon the public domain prior to June 30, 1914.

IRRIGATION ON INDIAN RESERVATIONS (REIMBURSABLE).

For the construction, repair, and maintenance of irrigation systems, and for purchase or rental of irrigation tools and appliances, water rights, ditches, and lands necessary for irrigation purposes for Indian reservations and allotments; for operation of irrigation systems or appurtenances thereto, when no other funds are applicable or available for the purpose; for drainage and protection of irrigable lands from damage by floods or loss of water rights, upon the Indian irrigation projects named below:

Irrigation district one: Sand Creek and Agency projects, Klamath Reservation, $20,000; Round Valley Reservation, California, $2,000; Colville Reservation, $10,000; Total, $32,000.
Irrigation district two: Moapa River, $1,200; Shivwits, $1,200; Walker River, $8,500; Western Shoshone, $5,000; total, $15,900.
Irrigation district three: Tongue River, Montana, $2,000.
Irrigation district four: Agua Caliente Reservation, $3,000; Ak Chin, Maricopa Reservation, $3,200; Big Pine Reservation, $3,500; Grindstone Creek Reservation, $1,300; La Jolla Reservation, $6,000; Martinez pumping plant, $2,000; Morongo Reservation, $1,600; Owens Valley Reservation, $1,000; Pala Reservation, $4,500; Rincon Reservation, $3,000; miscellaneous projects, $7,600; total, $36,700.
Irrigation district five: Southern Ute Reservation, Pine River project, $8,000; San Juan Reservation, $20,000; New Mexico Pueblos, $11,000; Zuni Reservation, $18,200; Navajo and Hopi miscellaneous projects, including Tes-nos-pos, Moencopi Wash, Captain Tom Wash, and Red Lake, $18,200; total, $75,400;

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For necessary miscellaneous expenses incident to the general administration of Indian irrigation projects, including salaries of not to exceed five supervising engineers:
In Indian irrigation district one: Oregon, Washington, northern California, and northern Idaho, $10,000;
In Indian irrigation district two: Southern Idaho, Nevada, and Utah, $12,500;
In Indian irrigation district three: Montana, Wyoming, and South Dakota, $11,000;
In Indian irrigation district four: Central and southern California and southern Arizona, $15,000;
In Indian irrigation district five; Northern Arizona, New Mexico, and Colorado, $12,000;

For cooperative stream gauging with the United States Geological Survey, $4,000;

For necessary surveys and investigations to determine the feasibility and estimated cost of new projects and power and reservoir sites on Indian reservations in accordance with the provisions of section 13 of the act of June 25, 1910, $10,000;

For pay of one chief irrigation engineer, $4,000; one assistant chief irrigation engineer, $2,500; one superintendent of irrigation competent to pass upon water rights, $2,500; one field-cost accountant, $2,250; and mn13 for traveling and incidental expenses of officials and employees of the Indian irrigation service, including sleeping-car fare, and a per diem not exceeding $3.50 in lieu of subsistence when actually employed in the field and away from designated headquarters, $6,000;

In all, for irrigation on Indian reservations, $253,750, reimbursable as provided in the Act of August 1, 1914: Provided, That no part of this appropriation shall be expended on any irrigation system or reclamation project for which public funds are or may be otherwise available: Provided further, That the foregoing amounts appropriated for such purposes shall be available interchangeably in the discretion of the Secretary of the Interior for the necessary expenditures for damage by floods and other unforeseen exigencies: Provided, however, That the amount so interchanged shall not exceed in the aggregate 10 per centum of all the amounts so appropriated.

SUPPRESSING LIQUOR TRAFFIC.

For the suppression of the traffic in intoxicating liquors among Indians, $100,000: Provided, That on and after July 1, 1919, possession by a person of intoxicating liquors in the Indian country or where the introduction is or was prohibited by treaty or Federal statute shall be an offense and punished in accordance with the provisions of the Acts of July 23, 1892 (Twenty-seventh Statutes at Large, page 260), and January 30, 1897 (Twenty-ninth Statutes at Large, page 506): Provided further, That the provisions of Article IX of the agreement with the Nez Perce Indians of Idaho, dated May 1, 1893, and ratified and confirmed by the Act of Congress approved August 15, 1894 (Twenty-eighth Statutes at Large, pages 286-330), prohibiting the sale of intoxicating liquors to those Indians or its introduction upon their lands, are hereby extended for the period of ten years.¹

RELIEVING DISTRESS, AND SO FORTH.

For the relief and care of destitute Indians not otherwise provided for, and for the prevention and treatment of tuberculosis, trachoma, smallpox, and other contagious and infectious diseases, including

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transportation of patients to and from hospitals and sanatoria, $375,000, of which $10,000 shall be used to care for old and indigent Indians in western Washington, and of which sum $25,000 shall be immediately available: Provided, That not to exceed $45,000 of said amount may be expended in the construction and equipment of new hospitals at a unit cost of not exceeding $15,000: Provided further, That this appropriation may be used also for general medical and surgical treatment of Indians, including the maintenance and operation of general hospitals, where no other funds are applicable or available for that purpose: Provided further, That out of the appropriation herein authorized there shall be available for the maintenance of the sanatoria and hospitals hereinafter named, and for incidental and all other expenses for their proper conduct and management, including pay of employees, repairs, equipment, and improvements, not to exceed the following amounts: Blackfeet Hospital, Montana, $12,500; Carson Hospital, Nevada, $10,000; Cheyenne and Arapahoe Hospital, Oklahoma, $10,000; Choctaw and Chickasaw Hospital, Oklahoma, $35,000; Fort Lapwai Sanatorium, Idaho, $40,000; Laguna Sanatorium, New Mexico, $17,000; Mescalero Hospital, New Mexico, $10,000; Navajo Sanatorium, Arizona, $10,000; Pima Hospital, Arizona, $10,000; Phoenix Sanatorium, Arizona, $40,000; Spokane Hospital, Washington, $10,000; Sac and Fox Sanatorium, Iowa, $25,000; Turtle Mountain Hospital, North Dakota, $10,000; Winnebago Hospital, Nebraska, $15,000; Crow Creek Hospital, South Dakota, $10,000; Hoopa Valley Hospital, California, $10,000; Jicarilla Hospital, New Mexico, $10,000; Truxton Canyon camp hospital, Arizona, $10,000; Indian Oasis Hospital, Arizona, $10,000.

SUPPORT OF INDIAN SCHOOLS.

For support of Indian day and industrial schools not otherwise provided for, and other educational and industrial purposes in connection therewith, $1,750,000, of which sum not to exceed $25,000 shall be immediately available: Provided, That not to exceed $40,000 of this amount may be used for the support and education of deaf and dumb or blind Indian children: Provided further, That not more than $200,000 of the amount herein appropriated may be expended for the tuition of Indian children enrolled in the public schools: And provided further, That no part of this appropriation shall be used for the support of Indian day and industrial schools where specific appropriation is made.

INDIAN SCHOOLS AND AGENCY BUILDINGS.

For construction, lease, purchase, repair, and improvement of school and agency buildings, including the purchase of necessary lands and the installation, repair, and improvement of heating, lighting, power, and sewerage and water systems in connection therewith, $335,000: Provided, That this appropriation shall be available for the payment of salaries and expenses of persons employed in the supervision of construction or repair work of roads and bridges and on school and agency buildings in the Indian Service: Provided further, That the Secretary of the Interior is authorized to allow employees in the Indian Service, who are furnished quarters, necessary heat and light for such quarters without charge, such heat and light to be paid for out of the fund chargeable with the cost of heating and lighting other buildings at the same place: And provided further, That the amount so expended for agency purposes shall not be included in the maximum amounts for compensation of employees prescribed by section 1, Act of August 24, 1912.

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INDIAN SCHOOL TRANSPORTATION.

For collection and transportation of pupils to and from Indian and public schools, and for placing school pupils, with the consent of their parents, under the care and control of white families qualified to give them moral, industrial, and educational training, $72,000: Provided, That not exceeding $5,000 of this sum may be used for obtaining remunerative employment for Indian youths and, when necessary, for payment of transportation and other expenses to their places of employment: Provided further, That where practicable the transportation and expenses of pupils shall be refunded and shall be returned to the appropriation from which paid. The provisions of this section shall also apply to native Indian pupils of school age under twenty-one years of age brought from Alaska.

PER CAPITA COST.

That hereafter, except for pay of superintendents and for transportation of goods and supplies and transportation of pupils, not more than $225 shall be expended from appropriations made in this Act, or any other Act, for the annual support and education of any one pupil in any Indian school, unless the attendance in any school shall be less than two hundred pupils, in which case the Secretary of the Interior may authorize a per capita expenditure of not to exceed $250: Provided, That the total amount appropriated for the support of such school shall not be exceeded: Provided further, That the number of pupils in any school entitled to the per capita allowance hereby provided for shall be based upon average attendance, determined by dividing the total daily attendance by the number of days the school is in session: Provided further, That all moneys appropriated for school purposes among the Indians for the fiscal year ending June 30, 1919, may be expended, without restriction as to per capita expenditure, for the annual support and education of any one pupil in any school.

INDUSTRIAL WORK AND CARE OF TIMBER.

For the purposes of preserving living and growing timber on Indian reservations and allotments, and to educate Indians in the proper care of forests; for the employment of suitable persons as matrons to teach Indian women and girls housekeeping and other household duties, for necessary traveling expenses of such matrons, and for furnishing necessary equipments and supplies and renting quarters for them where necessary; for the conducting of experiments on Indian school or agency farms designed to test the possibilities of soil and climate in the cultivation of trees, grains, vegetables, cotton, and fruits, and for the employment of practical farmers and stockmen, in addition to the agency and school farmers now employed; for necessary traveling expenses of such farmers and stockmen and for furnishing necessary equipment and supplies for them; and for superintending and directing farming and stock raising among Indians, $475,000, of which sum not less than $75,000 shall be used for the employment of field matrons: Provided, That the foregoing shall not, as to timber, apply to the Menominee Indian Reservation in Wisconsin: Provided further, That not to exceed $25,000 of the amount herein appropriated shall be used to conduct experiments on Indian school or agency farms to test the possibilities of soil and climate in the cultivation of trees, cotton, grain, vegetables, and fruits: Provided, also, That the amounts paid to matrons, foresters, farmers,

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physicians, nurses, and other hospital employees, and stockmen provided for in this Act shall not be included within the limitations on salaries and compensation of employees contained in the Act of August 24, 1912.

EXPENSES INCIDENT TO PURCHASE AND TRANSPORTATION OF INDIAN SUPPLIES.

For expenses necessary to the purchase of goods and supplies for the Indian Service, including inspection, pay of necessary employees, and all other expenses connected therewith, including advertising, storage, and transportation of Indian goods and supplies, $300,000: Provided, That no part of the sum hereby appropriated shall be used for the maintenance of to exceed three warehouses in the Indian Service.

TELEGRAPHING AND TELEPHONING.

For telegraph and telephone toll messages on business pertaining to the Indian Service sent and received by the Bureau of Indian Affairs at Washington, $8,000.

COURT COSTS.

For witness fees and other legal expenses incurred in suits instituted in behalf of or against Indians involving the question of title to lands allotted to them, or the right of possession of personal property held by them, and in hearings set by the United States local land officers to