INDIAN AFFAIRS: LAWS AND TREATIES

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

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


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PUBLIC ACTS OF THE SEVENTIETH CONGRESS, FIRST SESSION, 1927-1928
Chap. 5 | Chap. 57 | Chap. 116 | Chap. 120 | Chap. 121 | Chap. 122 | Chap. 123 | Chap. 124 | Chap. 137 | Chap. 196 | Chap. 219 | Chap. 222 | Chap. 246 | Chap. 247 | Chap. 253 | Chap. 255 | Chap. 267 | Chap. 268 | Chap. 271 | Chap. 272 | Chap. 278 | Chap. 279 | Chap. 305 | Chap. 307 | Chap. 308 | Chap. 310 | Chap. 335 | Chap. 357 | Chap. 374 | Chap. 400 | Chap. 410 | Chap. 452 | Chap. 481 | Chap. 487 | Chap. 506 | Chap. 510 | Chap. 517 | Chap. 519 | Chap. 528 | Chap. 531 | Chap. 580 | Chap. 582 | Chap. 614 | Chap. 623 | Chap. 624 | Chap. 644 | Chap. 645 | Chap. 646 | Chap. 652 | Chap. 660 | Chap. 662 | Chap. 663 | Chap. 686 | Chap. 707 | Chap. 733 | Chap. 741 | Chap. 753 | Chap. 756 | Chap. 811 | Chap. 853 | Chap. 854 | Chap. 855 | Chap. 857 | Chap. 873 | Chap. 880 | Chap. 901 | Chap. 912

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Chapter 853
May 29, 1928. | [H. R. 13873.] 45 Stat., 883.

An Act Making appropriations to supply deficiencies in, certain appropriations for the fiscal year ending June 30, 1928, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1928, and June 30, 1929, and for other purposes
Section 2

Margin Notes
Chap. 853 Second Deficiency Act, 1928.
Chap. 853 Smithsonian Institution.
Chap. 853 Cooperative American ethnological researches.
Chap. 853 Ante, 40.
Chap. 853 Interior Department.
Chap. 853 Secretary’s Office.
Chap. 853 Damages claims.
42 Stat., 1066, vol. 4, 368.
Chap. 853 Joseph Nelson.
43 Stat., 1152, vol. 4, 493.
Chap. 853 J. B. Martin.
44 Stat., 856, vol. 4, 904.
Chap. 853 Indian Affairs Bureau.
Chap. 853 Supplies, purchase, transportation, etc.
Chap. 853 Osage murder trials, Okla. Prosecution, etc., expenses.
Chap. 853 Proviso. Attorneys’ fees forbidden.
Chap. 853 Fort Belknap Reservation, Mont.
Reimbursement to certain Indians of, for value of allotments thereon. Post, 67.
Chap. 853 Fort Wingate, N. Mex., Military Reserve.
Purchase of land within, for Navajo Indians.
Chap. 853 Shoshone or Wind River Reservation, Wyo.
Allotments to unallotted Indians on.
Chap. 853 Ante, 51.
Chap. 853 Indian colony, Winnemucca, Nev. Purchase of land, etc., for use as.
Chap. 853 Ante, 51.
Chap. 853 Papago Reservation, Ariz. Construction of fence.
Ante, 51.
Chap. 853 Okanogan County, Wash. Payment of certain taxes to, authorized.
Ante, 42.
Chap. 853 Navajo Indians. Additional land and water rights for benefit of, authorized.
Chap. 853 Proviso. Title for surface only.
Chap. 853 Alabama and Coushatta Indians, Tex.
Land and industrial assistance to.
Chap. 853 Proviso. Title.
Chap. 853 Klamath Reservation, Oreg. Forest insect control on.
Chap. 853 Consolidated Ute Agency, Colo. Water supply and employees’ cottages.
Chap. 853 San Carlos Reservation, Ariz. Development of power at Coolidge Dam.
Chap. 853 43 Stat., 475, vol. 4, 447.
Provisos. Repaying cost, etc., by water users associations waived.
Chap. 853 Distribution of costs.
Chap. 853 Contract requirements.
Chap. 853 Reimbursement of construction cost.
Chap. 853 Power to be furnished. Cost.
Chap. 853 Fort Hall Reservation, Idaho. Feasibility, etc., of irrigating Michaud division to be determined.
Chap. 853 Navajo Reservation, N . Mex. Repair of diversion dam.
Chap. 853 Middle Rio Grande conservancy project, N. Mex. Share of construction, etc., costs.
Ante, 34.
Chap. 853 Isleta Pueblo, N. Mex. Payment of crop damages.
Chap. 853 Indian schools. Riverside School, Anadarko, Okla. Boys’ dormitory.
Ante, 40.
Chap. 853 Fort Bidwell, Calif.
Ante, 37.
Chap. 853 Haskell Institute, Kans.
Chap. 853 Riverside, Calif.
Chap. 853 Bismarck, N. Dak.
Ante, 36.
Chap. 853 Boarding schools. Amount immediately available.
Chap. 853 Proviso. Limitation of expenditures.
Chap. 853 Conservation of health. Additional funds available.
Chap. 853 Menominee Reservation, Wis. Hospital, etc.
Chap. 853 Pottawatomie Indians of Wisconsin and Michigan.
Sums from unappropriated balances.
Chap. 853 7 Stat., 442, vol. 2, 410.
13 Stat., 172, vol. 1, 127.
Unexpended balances reappropriated.
39 Stat., 156, vol. 4, 86.
40 Stat., 589, vol. 4, 174.
41 Stat., 29, vol. 4, 220.
38 Stat., 102, vol. 3, 586.
Chap. 853 Available to June 30, 929.
Chap. 853 Expended for benefit of Indians, etc.
Ante, 6.
Crow Reservation, Mont . Part of cost of constructing road on.
Ante, 42.
Chap. 853 Sia pueblo, N. Mex. Bridge, Jemez River.
Chap. 853 Lummi Reservation, Wash. Completion of road across.
Ante, 36.
Chap. 853 Hoopa Valley Reservation, Calif.
Half the cost of bridge and road on.
Ante, 48.
Chap. 853 Zuni Reservation, N. Mex. Road construction on.
Ante, 47.
Chap. 853 Medicine Lodge, Kans. Tablet to commemorate Indian peace council there in 1867.
Chap. 853 Ante, 44.
Chap. 853 Puyallup Indian Cemetery, Wash. Maintenance, etc.
Chap. 853 Ante, 38.
Chap. 853 Audited claims.
Sec. 2 Payment of, certified by General Accounting Office.
Sec. 2 18 Stat., 110.
Sec. 2 23 Stat., 254.
Sec. 2 Interior Department.

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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 other wise appropriated, to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1928, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1928, and June 30, 1929, and for other purposes, namely:

SMITHSONIAN INSTITUTION

Cooperative ethnological researches among the American Indians:
For cooperation by the Smithsonian Institution with any State, educational institution, or scientific organization in the United States for

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continuing ethnological researches among the American Indians and the excavation and preservation of archaeological remains, as authorized by the Act of April 10, 1928, $20,000, to remain available until expended.

INTERIOR DEPARTMENT

OFFICE OF THE SECRETARY

Damage Claims: To authorize the payment of claims for damages to privately owned property from existing appropriations which have been considered and adjusted by the Department of the Interior under the provisions of the Act of December 28, 1922, as set forth in House Document Numbered 255, Seventieth Congress, as follows:

To Joseph Nelson, of Blackwater, Arizona., $30, payable from the appropriation "Irrigation project, Gila River Indian Reservation, Arizona, reimbursable, 1926."

To J. B. Martin of Seattle, Washington, $21, payable from the appropriation "Reclaiming Land, Lummi Indian Reservation, Washington, reimbursable, 1927."

BUREAU OF INDIAN AFFAIRS

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 for the fiscal years that follow---for 1924, $195.36; for 1927, $28,744.14.

Osage murder trials, Oklahoma: For expenses in connection with the prosecution of the person or persons implicated in the crimes resulting in the murder of Osage, citizens, for witness fees and expenses, records, additional investigations, and all other purposes, $10,000, or so much as may be necessary, to be paid from funds on deposit in the United States Treasury to the credit of the Osage Tribe, and to remain available until June 30, 1929: Provided, That no part of this sum shall be expended for the compensation of attorneys.

Reimbursement to certain Indians, Fort Belknap Reservation: To reimburse certain Indians of the Fort Belknap Reservation, as authorized by the Act of March 5,1928 ( Private Act Numbered 26, Seventieth Congress), $45,716.80, to remain available until June 30, 1929.

Transfer of land, Fort Wingate Military Reserve, New Mexico: The Secretary of the Interior is hereby authorized to acquire by transfer from the War Department that portion of the abandoned Fort Wingate Military Reserve in the State of New Mexico situated north of the Atchison, Topeka and Santa Fe Railroad right of way, embracing approximately nine thousand five hundred and two acres, at the appraised price of $9,026.90; and to make payment therefor to the Secretary of War from the tribal funds of the Navajo Indians authorized for expenditure by the Interior Department Appropriation Acts for the fiscal years 1928 and 1929, title to said land to remain in the United States in trust for the Navajo Indians.

Survey, classification, and allotment of lands on Shoshone or Wind River Reservation, Wyoming: For necessary surveys, classification of lands, and all other expenses in connection with the allotment of

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lands on the Shoshone or Wind River Reservation, Wyoming, authorized by the Act of May 21, 1928, fiscal years 1928 and 1929, $50,000.

Land and improvements, Indian colony, Winnemucca, Nevada: For the purchase of land in the vicinity of Winnemucca, Nevada, to be used as an Indian colony, $500; and for moving the cabins of Indians residing in that vicinity to the location above described, for making necessary repairs to said cabins, erecting new cabins, and building roads in the colony, $2,000; in all, fiscal years 1928 and 1929, $2,500, as authorized by the Act of May 21, 1928.

Construction of fence, Papago Reservation, Arizona: For the construction of a fence along the east boundary of the Papago Indian Reservation, Arizona, as authorized in the Act of May 21, 1928, fiscal years 1928 and 1929, $15,000.

Payment to Okanogan County, Washington: For payment of certain local taxes to Okanogan County, State of Washington, on allotted Colville Indian lands, as authorized by the Act, of April 23, 1928 (Public, Numbered 301, Seventieth Congress), $77,435.31, to remain available until June 30, 1929.

Purchase of land for Navajo Indians: For purchase of additional land and water rights for the use and benefit of Indians of the Navajo Tribe (at a total cost not to exceed $1,200,000, which is hereby authorized), title to which shall be taken in the name of the United States in trust for the Navajo Tribe, fiscal years 1928 and 1929, $200,000, payable from funds on deposit in the Treasury of the United States to the credit of the Navajo Tribe: Provided, That in purchasing such lands title may be taken, in the discretion of the Secretary of the Interior, for the surface only.

Alabama and Coushatta Indians, Texas: For the purchase of land for, and industrial assistance to, the Alabama and Coushatta Indians in Polk County, Texas, including not less than $5,000 for the purchase of livestock and agricultural equipment for such Indians, fiscal years 1928 and 1929, $40,000, to be reimbursed to the United States under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That title to any land purchased shall be taken m the name of the United States in trust for such Indians.

Insect-control work, Klamath Indian Reservation, Oregon: For forest insect-control work on the Klamath Indian Reservation in Oregon, fiscal year 1929, $25,000, to be paid from tribal funds of the Klamath Indians.

Water system, Consolidated Ute Agency, Colorado: For the construction of a water system (including purchase of reservoir site and/or the sinking of one or more wells) and employees’ cottages at the Consolidated Ute Indian Agency and School, Colorado, $41,000, to remain available until June 30, 1929.

Power plant, Coolidge Dam, San Carlos Reservation, Arizona: For carrying out that provision of the Interior Department Appropriation Act for the fiscal year 1929 which authorizes contractual obligations not exceeding $350,000 for the development of electrical power at the Coolidge Dam, fiscal year 1929, $350,000, reimbursable as provided for by the Act of June 7, 1924 (Forty-third Statutes, page 475) : Provided, That the requirement of the second proviso in the paragraph making an appropiration for the San Carlos project as contained in such appropriation Act is hereby waived: Provided, further, That the cost of such power plant shall be an obligation of the district, provided for in the Act of June 7, 1924, and the Pima Indians, in accordance with their respective acreage within the San Carlos project, and the contract with such district, as required by the Act of June 7, 1924, shall contain proper provision obligating the

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district to pay its share of the cost thereof; and the total sum herein appropriated shall be reimbursed as a part of the construction cost of the San Carlos project and under the conditions and provisions of that Act. Such contract shall also provide for furnishing power for agency and school purposes and for pumping for irrigation by Indians on the San Carlos Reservation at a cost not exceeding 2 mills per kilowatt-hour delivered at the switchboard at the Coolidge Dam.

Michaud division, Fort Hall Indian Reservation, Idaho: To carry out the provisions of an Act entitled "An Act authorizing an appropriation for the survey and investigation of the placing of water on the Michaud division and other lands in the Fort Hall Indian Reservation," approved March 28, 1928, fiscal years 1928 and 1929, $25,000 (reimbursable).

Improvement, maintenance, and operation, Hogback irrigation project, Navajo Reservation, New Mexico (reimbursable): For repair of the diversion dam, Hogback project, New Mexico, fiscal years 1928 and 19292 $1,200.

Middle Rio Grande conservancy project, New Mexico: For payment to the middle Rio Grande conservancy district in accordance with the provisions of an Act entitled "An Act authorizing the Secretary of the Interior to execute an agreement with the middle Rio Grande conservancy district providing for conservation, irrigation, drainage, and flood control for the Pueblo Indian lands in the Rio Grande Valley, New Mexico, and for other purposes," approved March 13, 1928, fiscal year 1929, $100,000 (reimbursable).

Crop damage, Isleta Pueblo, New Mexico: Indian pueblos, New Mexico : For payment of damages to craps and improvements destroyed in constructing the Isleta drainage canal, fiscal years 1928 and 1929, $161.

Indian school buildings: For the construction of a boys’ dormitory at the Riverside Indian School, Anadarko, Oklahoma, as authorized by the Act of April 2, 1928, $40,000, to remain available until June 30, 1929.

Indian school, Fort Bidwell, California: For school building, $30,000, for hospital, $30,000; In all, fiscal years 1928 and 1929, $60,000, as authorized by the Act of March 28, 1928.

Haskell Institute, Lawrence, Kansas: For the construction of an adequate septic sewage disposal, system, $18,000; for the replacement of buildings, material, and equipment, and for necessary repairs to adjoining buildings and light poles destroyed and damaged by fire on March 27, 1928, $8,000 ; in all, fiscal years 1928 and 1929, $26,000.

Indian school, Riverside, California: For purchase of dairy cattle, $9,750 to remain available until June 30, 1929.

Indian school, Bismarck, North Dakota: For the purchase of additional land as authorized by the Act of March 26, 1928, $11,160, to remain available until June 30, 1929.

Indian boarding schools: Not exceeding $30,000 of the appropriation for Indian boarding schools contained in the Interior Department Appropriation Act for the fiscal year 1929 shall be available immediately: Provided, That the total of the expenditures during the fiscal years 1928 and 1929 shall not exceed for any school the total of the limitations as specified for such school for the fiscal years 1928 and 1929 in the Interior Department Appropriation Acts for such fiscal years.

Conservation of health among Indians: Not exceeding $75,000 of the appropriation for "Indian schools, support," and not exceeding $55,000 of the appropriations under the caption "Fulfilling treaties with

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Indians," contained in the Interior Department Appropriation Act for the fiscal year 1929, shall be available during such fiscal year for the conservation of health among Indians in addition to the appropriation of $1,440,000 for the same year for the same purpose.

Hospital and equipment and physicians’ quarters, Menominee Reservation, Wisconsin (tribal funds) : For construction of hospital and equipment, and for physician’s quarters, Menominee Reservation, Wisconsin, fiscal years 1928 and 1929, $50,000, payable out of tribal funds of the Menominee Indians.

Payment to Pottawatomie Indians of Wisconsin and Michigan: For the Wisconsin Pottawatomie Indians of Wisconsin and Michigan, $6,839, this sum being the unappropriated balance found due said, Indians under the treaty of September 27, 1833 (Seventh Statutes at Large, page 442), and the Act of June 25, 1864 (Thirteenth Statutes at Large, page 172); and the unexpended balances of appropriations made for this purpose by the Acts of May 18, 1916 (Thirty-ninth Statutes at Large, page 156), May 25, 1918 (Fortieth Statutes at Large, page 589), and June 30, 1919 (Forty-first Statutes at Large, page 29), aggregating $37,044.55, together with the unexpended balance of $4,347.73 of the appropriation for the purchase of land for said Indians contained in the Act of June 30, 1913 (Thirty-eighth Statutes at Large, page 102), which have been carried to the surplus fund of the Treasury, are hereby reappropriated; and the foregoing amounts aggregating $48,231.28 shall remain available until June 30, 1929, and be subject to expenditure for the benefit, of said Indians, or payment to them, in the discretion of the Secretary of the Interior, as authorized by the Act of February 29, 1928.

Construction of road, Crow Reservation, Montana: For part of the cost of the construction of a road on the Crow Indian Reservation, Montana, between the towns of Hardin and Saint Xavier, to be taken from the tribal funds on deposit to the credit of said Indians in the United States Treasury as authorized by the Act of April 14, 1928 (Public, Numbered 275, Seventieth Congress), $7,500, to remain available until June 30, 1929.

Construction of a bridge, Sia pueblo, New Mexico: For the construction of a bridge across the Jemez River at the Sia Indian pueblo, New Mexico, including the necessary approaches thereto, $7,500, to remain available until June 30, 1929.

Construction of road, Lummi Indian Reservation, Washington: For completion and graveling of the road partially constructed by Whatcom County across the Lummi Indian Reservation, Washington, as authorized by the Act of March 26, 1928, $20,000, to remain available until June 30, 1929.

Bridge and road, Hoopa Valley Reservation, California: For one-half the cost of a bridge and road on the Hoopa Valley Indian Reservation, California, as authorized by the Act of May 16, 1928, fiscal years 1928, and 1929, $35,000.

Construction of road, Zuni Reservation, New Mexico: For the construction of a road on the Zuni Indian Reservation, New Mexico, as authorized by the Act of May 12, 1928, fiscal years 1928 and 1929, $8,000.

Memorial tablet at Medicine Lodge, Kansas: For the erection of a tablet or marker at Medicine Lodge, Kansas, to commemorate the holding of the Indian peace council at which treaties were made between the United States and the Kiowa. Comanche, Apache, Cheyenne, and Arapahoe Indians as authorized by the Act of May 7, 1928, fiscal years 1928 and 1929, $2,500.

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Upkeep of Puyallup Indian Cemetery, Washington (Tribal Funds): For upkeep of the Puyallup Indian Cemetery in the city of Tacoma, Washington, fiscal year 1929, $1,000, payable from interest on the fund set aside for this purpose by the Act of March 28, 1928.

AUDITED CLAIMS

SEC. 2.

That 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, and under appropriations heretofore treated as permanent, being for the service of the fiscal year 1925 and prior years, unless otherwise stated, and which have been certified to Congress under section 2 of the Act of July 7, 1884, as fully set forth in House Document Numbered 289, Seventieth Congress, first session, there is appropriated as follows:

DEPARTMENT OF THE INTERIOR

For general expenses, Indian Service, $5.42.
For purchase and transportation of Indian supplies, $16.61.
For industrial work and care of timber, $26.70.
For industry among Indians, $540.
For water supply for stock and increasing grazing range on unallotted Indian lands (reimbursable), $16.
For diversion dam, Gila River Reservation, Arizona (reimbursable), $3,473.52.
For Indian schools, support, $72.08.
For Indian school and agency buildings, $226.58.
For Indian school buildings, $82.52.
For Indian boarding schools, $1.75.
For fulfilling treaties with Navajoes, schools, Arizona, $6.66.
For relieving distress and prevention, and so forth, of diseases among Indians, $197.95.
For support of Indians in Nevada, $25.85.
For support of Northern Cheyennes and Arapahoes, Montana, $7.05.

Approved, May 29, 1928.


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