Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.
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, for the Department of the Interior for the fiscal year ending June 30, 1938, namely:
For the purchase or exchange of professional and scientific books, law and medical books, and books to complete broken sets, periodicals, directories, and other books of reference relating to the business of the Department, $600, and in addition there is hereby made available from any appropriations made for any bureau or office of the Department not to exceed the following respective sums: Indian Service, $500; Office of Education, $2,500; Bureau of Reclamation, $2,000; Geological Survey, $6,000; National Park Service, $2,000; General Land Office $500; Bureau of Mines, $3,000.
Payment to Oklahoma from royalties, oil and gas, south half of Red River: For payment of 37 ½ per centum of the royalties derived from the south half of Red River in Oklahoma under the provisions of the Act of March 4, 1923 (U.S.C., title 30, sec. 233) , which shall be paid to the State of Oklahoma in lieu of all State and local taxes upon tribal funds accruing under said Act, to be expended by the State in the same manner as if received under section 35 of the Act approved February 25, 1920 (U.S.C., title 30, sec. 191), $8,000: Provided, That expenditures hereunder shall not exceed the aggregate receipts covered. into the Treasury in accordance with section 4 of the Permanent Appropriation Repeal Act, 1934.
For the Commissioner of Indian Affairs and other personal services in the District of Columbia, $508,470.
For transportation and incidental expenses of officers and clerks of the Bureau of Indian Affairs when traveling on official duty; for radio, 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, $32,000.
For advertising, inspection, storage, and all other expenses incident to the purchase of goods and supplies for the Indian Service and for payment of railroad, pipe-line, and other transportation costs of such goods and supplies, $700,000: Provided, That no part of this appropriation shall be used in payment for any services except bill therefor is rendered within one year from the time the service is performed.
For pay of judges of Indian courts, pay of Indian police, and pay of employees engaged in the suppression of the traffic in intoxicating liquors, marihuana, and deleterious drugs among Indians, including traveling expenses, supplies, and equipment, $216,540.
For lease, purchase, construction, repair, and improvement of agency buildings, exclusive of hospital 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, $170,000: Provided, That no part of this appropriation shall be available for the construction of any building, the total cost of which is in excess of $1,500.
For expenses of organizing Indian chartered corporations, or other tribal organizations, in accordance with the provisions of the Act of June 18, 1934 (48 Stat., p. 986), including personal services, purchase of equipment and supplies, not to exceed $3,000 for printing and binding, and other necessary expenses, $130,000, of which not to exceed $25,000 may be used for personal services in the District of Columbia: Provided, That in the discretion of the Secretary of the Interior, not to exceed $3 per diem in lieu of subsistence may be allowed to Indians actually traveling away from their place of residence when assisting in organization work: Provided further, That no part of this appropriation shall be available for expenditure in that part of the State of New Mexico embraced in the Navajo Indian Reservation, and not to exceed $15,000 shall be available for expenditure in said State.
Vehicles, Indian Service: Not to exceed $460,000 of applicable appropriations made herein for the Bureau of Indian Affairs shall be available 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, and not to exceed $190,000 of applicable appropriations may be used for the purchase and exchange of motor- propelled passenger-carrying vehicles, and such vehicles shall be used only for official service, including the transportation of Indian school pupils.
Replacement of property destroyed by fire, flood, or storm: That to meet possible emergencies not exceeding $35,000 of the appropriations made by this Act for support of reservation and nonreservation schools, for school and agency buildings, and for conservation of health among Indians shall be available, upon approval of the Secretary of the Interior, for replacing any buildings, equipment, supplies, livestock, or other property of those activities of the Indian Service above referred to which may be destroyed or rendered unserviceable by fire, flood, or storm: Provided, That any diversions of appropriations made hereunder shall be reported to Congress in the annual Budget.
Authorization for attending health and educational meetings: Not to exceed $7,000 shall be available from applicable funds for expenses (not membership fees) of employees of the Indian Service when authorized by the Secretary of the Interior to attend meetings of medical, health, educational, agricultural, forestry, engineering, and industrial associations in the interest of work among the Indians.
Purchase of land and water rights, and so forth, Pueblo Indians, New Mexico (tribal funds): The unexpended balances of appropriations heretofore made, from the trust funds of the several pueblos, for the purchase of land and water rights, purchase of equipment for industrial advancement and fencing, irrigating, and improving lands, are hereby continued available, for the same purposes until June 30, 1938, and for such other purposes, except per-capita payments, as may be recommended by the governing officials of the particular pueblos involved, and be approved by the Commissioner of Indian Affairs.
Compensation to Pueblo Indians, New Mexico: For the second of three installments for additional compensation to the Pueblo Indians of New Mexico, for loss of land and water rights, and in settlement of the liability of the United States to said Pueblos as declared by the Act of June 7, 1924 (43 Stat., p. 636), and as authorized by the Act of May 31, 1933 (48 Stat., p. 109) , $253,960.61, which amount shall be deposited in the Treasury of the United States to the credit of the following-named pueblos:
Jemez, $628.33; Nambe, $15,813.17; Taos, $28,235.70; Santa Ana, $969.46; Santo Domingo, $1,418.85; Sandia, $4,326.87; San Felipe, $4,984.84; Isleta, $15,917.10; Picuris, $22,191.47; San, Ildefonso, $12,352.76; San Juan, $51,287.68; Santa Clara, $60,371.39; Cochiti, $12,608.79; Pojoaque, $22,854.20: Provided, That expenditures may be made from the foregoing sums, as authorized by the Act of May 31, 1933, for the purchase of lands and water rights, purchase or construction of reservoirs, irrigation works, or other permanent improvements upon or for the benefit of the lands of said pueblos and for such other purposes, except per capita payments, as may be recommended by the governing officials of the particular pueblos involved, and be approved by the Commissioner of Indian Affairs.
Compensation to non-Indian claimants, Pueblo Indian lands, New Mexico: For carrying out the provisions of the Act of June 4, 1936 (49 Stat., p. 1459), in supplemental settlement of the liability of the United States to non-Indian claimants on Indian Pueblo grants whose claims, extinguished under the Act of June 7, 1924, have been found entitled to awards under said Act, as supplemented by the Act of May 31, 1933 (48 Stat., p. 108), $3,071.24, to remain available until June 30, 1939, to be apportioned to claimants within the several pueblos as follows: San Ildefonso, $141.88; San Juan, $244.20; Nambe, $456.40; Sandia, $1,292.21; Cochiti, $936.55: Provided, That the unexpended balance of the appropriation contained in the Fourth Deficiency Act, fiscal year 1933, and subsequently continued available until June 30, 1936, for carrying out the provisions of the Act of May 31, 1933, is hereby continued available until June 30, 1938.
Purchase of land for the Navajo Indians, Arizona, reimbursable The unexpended balance of the appropriation contained in the Deficiency Appropriation Act, fiscal year 1934, for the purchase of land, and improvements thereon, including water rights, for the Navajo Indians in Arizona, as authorized by and in conformity with
the provisions of the Act of June 14, 1934 (48 Stat., p. 961), is hereby continued available for the same purposes until June 30, 1938.
Purchase of improvements belonging to certain Navajo Indians, Arizona (tribal funds): For purchase of improvements belonging to Navajo Indians residing on public-domain allotments in Arizona outside the area described in the Act of June 14, 1934 (48 Stat., p. 960), establishing the boundary of the Navajo Reservation in Arizona, and consolidating the Indian holdings within, and non- Indian holdings outside of, the reservation. $7,315, payable from funds deposited to the credit of the Navajo Tribe.
Purchase of land for Navajo Indians, Utah (tribal funds): For the purchase of lands and improvements thereon, and of improvements on former public-domain lands, within additions made to the Navajo Reservation, Utah, by Executive order of May 15, 1905, and the Act of March 1, 1933 (47 Stat., p., 1418), $20,000, payable from funds deposited to the credit of the Navajo Tribe.
Leasing of lands for Navajo Indians (tribal funds): For lease, pending purchase, of land and water rights for the use and benefit of Indians of the Navajo Tribe in Arizona and New Mexico, $20,000, payable from funds on deposit to the credit of the Navajo Tribe.
For the acquisition of lands, interest in lands, water rights and surface rights to lands, and for expenses incident to such acquisition, in accordance with the provisions of the Act of June 18, 1934 (48 Stat., p. 985) , including personal services, purchase of equipment and supplies, and other necessary expenses, $950,000, together with the unexpended balance of the appropriation for this purpose for the fiscal year 1937, of. which not to exceed $20,000 shall be available for personal services in the District of Columbia: Provided, That within the States of Arizona, New Mexico, and Wyoming no part of said sum shall be used for the acquisition of lands outside of the boundaries of existing Indian reservations: Provided further, That in addition to the amount herein appropriated the Secretary of the Interior may also incur obligations, and enter into contracts for the acquisition of additional land, not exceeding a total of $500,000, and his action in so doing shall be deemed a contractual obligation of the Federal Government for the payment of the cost thereof, and appropriations hereafter made for the acquisition of land pursuant to the authorization contained in the Act of June 18, 1934, shall be available for the purpose of discharging the obligation or obligations so created.
For payment of taxes, including penalties and interest, assessed against individually owned Indian land, title to which is held subject to restrictions against alienation or encumbrance except with the consent or approval of the Secretary of the Interior, when such land was purchased with trust or restricted funds with the understanding that after purchase it would be nontaxable, $25,000, to be immediately available and to be expended, in accordance with the terms of the Act of June 20,1936 (49 Stat., p. 1542).
For payment, pursuant to the provisions of the Act of May 15, 1936 (49 Stat., p. 1272), to the Confederated Bands of Ute Indians in full compensation as to claim for the principal sum for sixty-four thousand five hundred and sixty acres of land in western Colorado set aside as a naval oil reserve by Executive orders dated December 6,1916, and September 27, 1924, $161,400: Provided, That in the discretion of the Secretary of the Interior, and with the approval of the tribe expressed through its tribal council, not more than $100,000 of the amount apportioned to the Indians of the Uintah and Ouray Reserva-
tion, Utah, together with $100,000 additional from tribal funds now on deposit to the credit of the Ute Indians in Utah, may be expended for the acquisition of privately owned lands or interests therein, together with the improvements thereon, and of improvements on former public-domain lands, for said Indians.
Purchase of land, Cheyenne River Reservation, South Dakota (tribal funds): For the purchase of Indian-owned and privately owned land, and improvements thereon, in the Cheyenne River Reservation, South Dakota, $12,500, payable from funds on deposit to the credit of the Cheyenne River 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 Cheyenne River Tribe.
The unexpended balance of $5,004.25 of the appropriation "Purchase of land for landless Indians in California, Act of March 3, 1925, special fund", which appropriation was repealed by section 4 (b 24) of the Permanent Appropriation Repeal Act, 1934 (48 Stat. 1227), is hereby reappropriated and made available until expended for payment of obligations heretofore incurred or to be incurred hereafter in the acquisition of land in California, with such improvements as may be appurtenant thereto, for the relief of homeless Indians of that State.
For the preservation of timber on Indian reservations and allotments other than the Menominee Indian Reservation in Wisconsin, the education of Indians in the proper care of forests, and the general administration of forestry and grazing work, including fire prevention and payment of reasonable rewards for information leading to arrest and conviction of a person or persons setting forest fires, or taking or otherwise destroying timber, in contravention of law on Indian lands, $275,000: Provided, That this appropriation shall be available for the expenses of administration of Indian forest lands from which timber is sold to the extent only that proceeds from the sales of timber from such lands are insufficient for that purpose.
For expenses incidental to the sale of timber, and for the expenses of administration, including fire prevention, of Indian forest lands from which such timber is sold to the extent that the proceeds of such sales are sufficient for that purpose, $120,000, reimbursable to the United States as provided in the Act of February 14, 1920 (U.S.C., title 25, sec. 413): Provided, That this appropriation shall be available for the payment of reasonable rewards for information leading to arrest and conviction of a person or persons setting forest fires, or taking or otherwise destroying timber, in contravention of law.
For the suppression or emergency prevention of forest fires on or threatening Indian reservations, $15,000, together with $25,000 from funds held by the United States in trust for the respective tribes of Indians interested: Provided, That not to exceed $50,000 of appropriations herein made for timber operations shall be available upon the approvel of the Secretary of the Interior, for fire-suppression or emergency prevention purposes: Provided further, That any diversions of appropriations made hereunder shall be reported to Congress in the annual Budget.
For transfer to the Geological Survey for expenditures to be made in inspecting mines and examining mineral deposits on Indian lands and in supervising mining operations on restricted, tribal, and allotted Indian lands leased under the provisions of the Acts of February 28, 1891 (U.S.C., title 25, secs. 336, 371, 397), May 27, 1908 (35 Stat., p.
312), March 3,1909 (U.S.C., title 25, sec. 396), and other Acts authorizing the leasing of such lands for mining purposes, $80,000.
For the purpose. of obtaining remunerative employment for Indians, $40,000.
For the purpose of developing agriculture and stock raising among the Indians, including necessary personnel, traveling and other expenses, and purchase of supplies and equipment, $625,000, of which not to exceed $15,000 may be used to conduct agricultural experiments and demonstrations on Indian school or agency farms and to maintain a supply of suitable plants or seed for issue to Indians, and not to exceed $30,000 may be used for the operation and maintenance of a sheep-breeding station on the Navajo Reservation: Provided, That the unexpended balance of the appropriation of $60,000 contained in the Interior Department Appropriation Act, fiscal year 1936, for the establishment of a sheep-breeding station on the Navajo Reservation, is continued available during the fiscal year 1938 for the construction of quarters for employees assigned to such station.
For the purpose of encouraging industry and self-support among the Indians and to aid them in the culture of fruits, grains, and other crops, $215,000, which sum may be used for the purchase of seeds, animals, machinery, tools, implements, and other equipment necessary, and for advances to Indians having irrigable allotments to assist them in the development and cultivation thereof, in the discretion of the Secretary of the Interior, to enable Indians to become self- supporting: Provided, That the expenditures for the purposes above set forth shall be under conditions to be prescribed by the Secretary of the Interior for repayment to the United States on or before June 30, 1943, except in the case of loans on irrigable lands for permanent improvement of said lands, in which the period for repayment may run for not exceeding twenty years, in the discretion of the Secretary of the Interior: Provided further, That except for the Navajo Indians in Arizona and New Mexico not to exceed $25,000 of the amount herein appropriated shall be expended on any one reservation or for the benefit of any one tribe of Indians: Provided further, That the Secretary of the Interior is hereby authorized, in his discretion and under such rules and regulations as he may prescribe, to make advances from this appropriation to old, disabled, or indigent Indian allottees, for their support, to remain a charge and lien against their land until paid: Provided further, That not to exceed 15,000 may be advanced to worthy Indian youths to enable them to take educational courses, including courses in nursing, home economics, forestry, and other industrial subjects in colleges, universities, or other institutions, and advances so made shall be reimbursed in not to exceed eight years, under such rules and regulations as the Secretary of the Interior may prescribe: Provided further, That not to exceed $50,000 may be advanced to the Navajo Tribe of Indians for the purchase, feeding, sale, or other disposition of sheep, goats, and other livestock belonging to the Navajo Indians.
Industrial assistance (tribal funds): For the construction of homes for individual members of the tribes the purchase for sale to them 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, to be immediately available, $66,600, payable from tribal funds as follows: Seminole, Florida, $6,000; Fort Totten (Devils Lake), North Dakota, $600; Rosebud, South Dakota, $10,000; Sho-
shone, Wyoming, $50,000; and the unexpended balances of funds available under this head in the Interior Department Appropriation Act for the fiscal year 1937, and the Act of June 27, 1932 (47 Stat., p. 335), are hereby continued available during the fiscal year 1938: Provided, That the expenditures for the purposes above set forth shall be under conditions to be prescribed by the Secretary of the Interior for repayment to the United States on or before June 30, 1943, except in the case of loans on irrigable lands for permanent improvement of said lands in which the period for repayment may run for not exceeding twenty years, in the discretion of the Secretary of the Interior, and advances to old, disabled, or indigent Indians for their support and burial, which shall remain a charge and lien against their land until paid: Provided further, That advances may be made to worthy Indian youths to enable them to take educational courses, including courses in nursing, home economics, forestry, and other industrial subjects in colleges, universities, or other institutions and advances so made shall be reimbursed in not to exceed eight years under such rules and regulations as the Secretary of the Interior may prescribe: Provided further, That all moneys reimbursed during the fiscal year 1938 shall be credited to the respective appropriations and be available for the purposes of this paragraph: Provided further, That funds available under this paragraph may be used for the establishment and operation of tribal enterprises when proposed by Indian tribes and approved by the Secretary of the Interior, and revenues derived therefrom shall be covered into the Treasury to the credit of the respective tribes.
For an additional amount to be added to the appropriations heretofore made, for the establishment of a revolving fund for the purpose of making and administering loans to Indian chartered corporations in accordance with the act of June 18, 1934 (48 Stat., p. 986) and of making and administering loans to individual Indians and to associations or corporate groups of Indians of Oklahoma in accordance with the Act of June 26, 1936 (49 Stat., p. 1967), $520,000, of which amount not to exceed $125,000 shall be available for personal services in the District of Columbia and in the field, for purchase of equipment and supplies, and for other necessary expenses of administering such loans, including not more than $2,500 for printing and binding.
For the development, under the direction of the Commissioner of Indian Affairs, of Indian arts and crafts, as authorized by the Act of August 27, 1935 (49 Stat., p. 891) , including personal services, purchase and transportation of equipment and supplies, purchase of periodicals, directories, and books of reference, purchase and operation of motor-propelled passenger-carrying vehicles, telegraph and telephone services, cost of packing, crating, drayage, and transportation of personal effects of employees upon permanent change of station, expenses of exhibits and of attendance at meetings concerned with the development of Indian arts and crafts, traveling expenses, including payment of actual transportation expenses and not to exceed $10 per diem in lieu of subsistence and other expenses of members of the Indian Arts and Crafts Board, serving without other compensation from the United States, while absent from their homes, not to exceed $2,500 for printing and binding, and other necessary expenses, $42,500, of which not to exceed $16,000 shall be available for personal services in the District of Columbia: Provided, That no part of this appropriation shall be used to pay any salary at a rate exceeding $7,500 per annum.
Developing water supply: For developing and conserving water for domestic and stock purposes on lands of the Navajo and Hopi Indians in Arizona and New Mexico, the Papago Indians in Arizona, and the Pueblo Indians of New Mexico, including the purchase and installation of pumping machinery, and other necessary equipment, and for operation and maintenance thereof, $70,000.
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, in not to exceed the following amounts, respectively:
Miscellaneous projects, $23,000; Arizona: Ak Chin, $4,000; Chiu Chui, $4,000; Ganado, $1,500, together with $1,000, 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; Navajo and Hopi, miscellaneous projects, Arizona and New Mexico, $6,500; Salt River, $5,000; San Xavier, $2,000; California: Coachella Valley, $1,000; Morongo, $4,000; Pala and Rincon, $2,000, together with $2,000, from which expenditures shall not exceed the aggregate receipts covered into the Treasury in accordance with section 4 of said Repeal Act; Colorado: Southern Ute, $11,000, together with $4,000, from which amount expenditures shall not exceed the aggregate receipts covered into the Treasury in accordance with section 4 of the said Repeal Act; Nevada: Pyramid Lake, $3,000; Walker River, $5,000; Western Shoshone, $4,000; New Mexico: Miscellaneous Pueblos, $25,000; Washington: Colville, $3,500, together with $500, from which amount expenditures shall not exceed the aggregate receipts covered into the Treasury in accordance with section 4 of said Repeal Act; Lummi Diking Project, $1,000, together with $2,000, from which amount expenditures shall not exceed the aggregate receipts covered into the Treasury in accordance with section 4 of said Repeal Act;
For necessary miscellaneous expenses incident to the general administration of Indian irrigation projects, including pay of employees and their traveling and incidental expenses, $60,000;
In all, for irrigation on Indian reservations, not to exceed $175,000, reimbursable: Provided, That the foregoing amounts shall be available interchangeably, in the discretion of the Secretary of the Interior, for the necessary expenditures for damages by floods and other unforeseen exigencies, but the amount so interchanged shall not exceed in the aggregate 10 per centum of all the amounts so appropriated: Provided further, That the cost of irrigation projects and of operating and maintaining such projects where reimbursement thereof is required by law shall be apportioned on a per-acre basis against the lands under the respective projects and shall be collected by the Secretary of the Interior as required by such law, and any unpaid charges outstanding against such lands shall constitute a first lien thereon which shall be recited in any patent or instrument issued for such lands.
For operation and maintenance of the San Carlos project for the irrigation of lands in the Gila River Indian Reservation, Arizona, including not to exceed $2,000 for purchase of land, $76,300, reimbursable, together with $112,200 (operation and maintenance collections) and $161,000 (power revenues), of which latter sum not to exceed $25,000 shall be available for major repairs in case of unforeseen emergencies caused by fire, flood, or storm, from which amounts $112,200 and $161,000, respectively, expenditures shall not exceed the aggregate receipts covered into the Treasury in accordance with section
