Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.
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, 1925, namely:
Opening Indian reservations (reimbursable): For expenses pertaining to the opening to entry and settlement of such Indian reservation lands as may be opened during the fiscal year 1925: Provided, That the expenses pertaining to the opening of each of said reservations and paid for out of this appropriation shall be reimbursed to the United States from the money received from the sale of the lands embraced in said reservations, respectively, $1,000.
For the Commissioner of Indian Affairs and other personal services in the District of Columbia in accordance with "The Classification Act of 1923," $388,640.
For pay of special agents, at $2,000 per annum; for traveling and incidental expenses of such special agents, including sleeping-car fare, and a per diem of not to exceed $4 in lieu of subsistence, in the discretion of the Secretary of the Interior, when actually employed on duty in the field or ordered to the seat of government; for transportation and incidental expenses of officers and clerks of the Office of Indian Affairs when traveling on official duty; for pay of employees
not otherwise provided for; for 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, $100,000: Provided, That not to exceed $5,000 of this appropriation may be used for continuing the work of the Competency Commission to the Five Civilized Tribes of Oklahoma: Provided, That not to exceed $15,000 of the amount herein appropriated may be expended out of applicable funds in the work of determining the competency of Indians on Indian reservations outside of the Five Civilized Tribes in Oklahoma.
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, $500,000: Provided, That no part of the sum hereby appropriated shall be used for the maintenance of to exceed three warehouses in the Indian Service.
For pay of special Indian Service inspector at a salary of $3,500 per annum and four Indian Service inspectors, at salaries not to exceed $2,500 per annum and actual traveling and incidental expenses, and not to exceed $4 per diem in lieu of subsistence when actually employed on duty in the field away from home or designated headquarters, $20,000.
For pay of judges of Indian courts where tribal relations now exist, $6,500.
For pay of Indian police, including chiefs of police at not to exceed $50 per month each and privates at not to exceed $30 per month each, to be employed in maintaining order, for purchase of equipments and supplies, and for rations for policemen at nonration agencies, $125,000.
For the suppression of the traffic in intoxicating liquors and deleterious drugs, including peyote, among Indians, $25,000.1
For construction, lease, purchase, repair, and improvement of 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, $100,000: 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 on Indian reservations and other lands devoted to 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.
That not to exceed $150,000 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 superintendents, farmers, physicians, field matrons, allotting, irrigation, and other employees in the Indian field service: Provided, That not to exceed $14,000 may be used in the purchase of horse-drawn passenger-carrying vehicles, and not to exceed $35,000 for the purchase of motor-propelled passenger-carrying vehicles, and that such vehicles shall be used only for official service: Provided further, That such motor-propelled vehicles shall be purchased from the War Department, if practicable.
For the purpose of determining the heirs of deceased Indian allottees having right, title, or interest in any trust or restricted property, under regulations prescribed by the Secretary of the Interior, $75,600, reimbursable as provided by existing law: Provided, That the Secretary of the Interior is hereby authorized to use not to exceed $17,000 for the employment of additional clerks in the Indian Office in connection with the work of determining the heirs of deceased Indians, and examining their wills, out of the $75,600 appropriated herein: Provided further, That the provisions of this paragraph shall not apply to the Osage Indians nor to the Five Civilized Tribes of Oklahoma.
For salaries and expenses of such attorneys and other employees as the Secretary of the Interior may, in his discretion, deem necessary in probate matters affecting restricted allottees or their heirs in the Five Civilized Tribes and in the several tribes of the Quapaw Agency, and for the costs and other necessary expenses incident to suits instituted or conducted by such attorneys, $40,000: Provided, That no part of this appropriation shall be available for the payment of attorneys or other employees unless appointed after a competitive examination by the Civil Service Commission and from an eligible list furnished by such commission.
For expenses of the Board of Indian Commissioners, $10,260.
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 388), 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, $56,000, reimbursable: 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.
For the payment of newspaper advertisements of sales of Indian lands, $2,000, reimbursable from payments by purchasers of costs of sale, under such rules and regulations as the Secretary of the Interior may prescribe.
For the pay of one special attorney for the Pueblo Indians of New Mexico, to be designated by the Secretary of the Interior, and for necessary traveling expenses of said attorney, $3,000, or so much thereof as the Secretary of the Interior may deem necessary.
For payment of salaries of employees and other expenses of advertising and sale in connection with the further sales of unallotted lands and other tribal property belonging to any of the Five Civilized Tribes, including the advertising and sale of the land within the segregated coal and asphalt area of the Choctaw and Chickasaw Nations, or of the surface thereof, as provided for in the Act approved February 22, 1921, entitled "An Act authorizing the Secretary of the Interior to offer for sale remainder of the coal and asphalt deposits in segregated mineral land in the Choctaw and Chickasaw Nations, State of Oklahoma" (Forty-first Statutes at
Large, page 1107), and of the improvements thereon, which is hereby expressly authorized, and for other work necessary to a final settlement of the affairs of the Five Civilized Tribes, $5,000, to be paid from the proceeds of sales of such tribal lands and property: Provided, That not to exceed $2,000 of such amount may be used in connection with the collection of rents of unallotted lands and tribal buildings: Provided further, That the Secretary of the Interior is hereby authorized to continue during the ensuing fiscal year the tribal and other schools among the Choctaw, Chickasaw, Creek, and Seminole Tribes from the tribal funds of those nations, within his discretion and under such rules and regulations as he may prescribe: Provided further, That for the current fiscal year money may be so expended from such tribal funds for equalization of allotments, per capita and other payments authorized by law to individual members of the respective tribes, tribal and other Indian schools under existing law, salaries and contingent expenses of the governor of the Chickasaw Nation and chief of the Choctaw Nation and one mining trustee for the Choctaw and Chickasaw Nations at salaries at the rate heretofore paid and the chief of the Creek Nation at a salary not to exceed $600 per annum, and one attorney each for the Choctaw, Chickasaw, and Creek Tribes employed under contract approved by the President under existing law: Provided further, That the expenses of any of the above-named officials shall not exceed $1,500 per annum each for chiefs and governor and each of said tribal attorneys: Provided further, That the Commissioner of Indian Affairs shall dispense with the attorney for the Creek Tribe not later than September 1, 1924, and the Commissioner shall dispense with any other tribal attorneys at any time their services are no longer needed, and that no tribal money shall be available for the salaries or expenses of tribal school representatives: And provided further, That the Secretary of the Interior is hereby empowered, during the fiscal year ending June 30, 1925, to expend funds of the Choctaw, Chickasaw, Creek, and Seminole Nations available for school purposes under existing law for such repairs, improvements, or new buildings as he may deem essential for the proper conduct of the several schools of said tribes.
For the purchase of lands for the homeless Indians in California, including improvements thereon, for the use and occupancy of said Indians, $8,000, said funds to be expended under such regulations and conditions as the Secretary of the Interior may prescribe.
For maintenance and support and improvement of the homesteads of the Kiowa, Comanche, and Apache Tribes of Indians in Oklahoma, $200,000, to be paid from the funds held by the United States in trust for said Indians and to be expended under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That the Secretary of the Interior shall report to Congress on the first Monday in December, 1925, a detailed statement as to all moneys expended as provided for herein.
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, $370,000, of which sum not less than $50,000 shall be used for the employment of field matrons and nurses: Provided, That the foregoing shall not, as to timber, apply to the Menominee Indian Reservation in Wisconsin: Provided further, That not to exceed $20,000 of the amount herein appropriated may 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, 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.
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, $150,000, or so much thereof as may be necessary, which sum may be used for the purchase of seeds, animals, machinery, tools, implements, and other equipment necessary, in the discretion of the Secretary of the Interior, to enable Indians to become self-supporting: Provided, That said sum shall be expended under conditions to be prescribed by the Secretary of the Interior for its repayment to the United States on or before June 30, 1930: Provided further, That not to exceed $15,000 of the amount herein appropriated shall be expended on any one reservation or for the benefit of any one tribe of Indians, and that no part of this appropriation shall be used for the purchase of tribal herds.
For reimbursing Indians for livestock which may be hereafter destroyed on account of being infected with dourine or other contagious diseases, and for expenses in connection with the work of eradicating and preventing such diseases, to be expended under such rules and regulations as the Secretary of the Interior may prescribe, $10,000.1
For improving springs, drilling wells, and otherwise developing and conserving water for the use of Indian stock, including the purchase, construction, and installation of pumping machinery, tanks, troughs, and other necessary equipment, and for necessary investigations and surveys, for the purpose of increasing the available grazing range on unallotted lands on Indian reservations, $10,000, to be reimbursed under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That the necessity exists on any Indian reservation so far as the Indians themselves are concerned.
For operation and maintenance of pumping plants for distribution of a water supply for Papago Indian villages in southern Arizona, $22,000.
For continuing the development of a water supply for the Navajo and Hopi Indians on the Moqui Reservation, and the Navajo, Pueblo Bonito, San Juan, and Western Navajo subdivisions of the Navajo Reservation in Arizona and New Mexico, $45,000, reimbursable out of any funds of said Indians now or hereafter available.
For continuing the sinking of wells on Pueblo Indian land, New Mexico, to provide water for domestic and stock purposes, and for building tanks, troughs, pipe lines, and other necessary structures for the utilization of such water, $5,000.
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:
Irrigation district one: Colville Reservation, Washington, $6,000;
Irrigation district two: Walker River Reservation, Nevada, $5,000; Western
Shoshone Reservation, Idaho and Nevada, $2,000; Shivwits, Utah, $500;
Irrigation district three: Tongue River, Montana, $1,500;
Irrigation district four: Ak Chin Reservation, Arizona, $4,000; Chiu Chiu
pumping plants, Arizona, $6,000; Coachella Valley pumping plants,
California, $4,000; Hoopa Valley, California, $18,000; Morongo
Reservation, California, $7,000; Pala Reservation and Rincon Reservation,
California, $4,700; Round Valley Reservation, California, $1,000;
miscellaneous projects, $10,500;
Irrigation district five: New Mexico Pueblos, $15,000; Zuni Reservation,
New Mexico, $7,500; Navajo and Hopi, miscellaneous projects, Arizona,
including Tes-nos-pos, Moencopi Wash, Kin-le-chee, Wide Ruins, Red
Lake, Corn Creek, Wepo Wash, Oraibi Wash, and Polacca Wash, $20,000;
Southern Ute Reservation, Colorado, $14,000;
Not to exceed in all, $120,000;
For necessary miscellaneous expenses incident to the general administration of Indian irrigation projects, including salaries of not to exceed five supervising engineers, not to exceed $50,000; for pay of one chief irrigation engineer, not to exceed $4,000; one assistant chief irrigation engineer, not to exceed $3,000; one superintendent of irrigation competent to pass upon water rights, not to exceed $2,500; one field cost accountant, not to exceed $2,250; and for traveling 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, not to exceed $6,500; not to exceed in all, $65,000;
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, $1,000;
For necessary surveys and investigations to determine the feasibility and estimated cost of the Taos reservoir project, Taos Pueblo, New Mexico, $5,000;
For cooperative stream gauging with the United States Geological Survey, $1,000;
In all, for irrigation on Indian reservations, not to exceed $192,000, reimbursable as provided in the Act of August 1, 1914 (Thirty-eighth Statutes at Large, page 582): 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 damages by floods and other unforseen exigencies: Provided, however, That the amount so interchanged shall not exceed in the aggregate 10 per centum of all the amounts so appropriated.
For continuing the work of constructing the irrigation system for the irrigation of the lands of the Pima Indians in the vicinity of Sacaton, on the Gila River Indian Reservation, Arizona, within the limit of cost fixed by the Act of March 3, 1905 (Thirty-third Statutes at Large, page 1081), $8,000; and for maintenance and operation of the pumping plants and canal systems $12,000; in all, $20,000, reimbursable as provided in section 2 of the Act of August 24, 1912 (Thirty-seventh Statutes at Large, page 522).
For continuing the construction of the necessary canals and structures to carry the natural flow of the Gila River to the Indian lands of the Gila River Indian Reservation and to public and private lands in Pinal County, Arizona, reimbursable as provided in the Indian Appropriation Act approved May 18, 1916, $250,000.
For continuing the construction of the necessary canals and laterals for the utilization of water from the pumping plant on the Colorado River Indian Reservation, Arizona, as provided in the Act of April 4, 1910 (Thirty- sixth Statutes at Large, page 273), $20,000; and for maintaining and operating the pumping plant, canals, and structures, $35,000; in all, $55,000, reimbursable as provided in the aforesaid Act.
For operation and maintenance of the Ganado irrigation project, Arizona, reimbursable under such rules and regulations as the Secretary of the Interior may prescribe, $3,500.
For operation and maintenance of the pumping plants on the San Xavier Indian Reservation, Arizona, $10,000, reimbursable out of any funds of the Indians of this reservation now or hereafter available.
For the operation and maintenance of pumping plants and for the drilling of wells and installation of additional pumping plants for the irrigation of lands on the San Carlos Reservation in Arizona, $27,200, to be paid from the funds held by the United States in trust for the Indians of such reservation: Provided, That the sum so used shall be reimbursed to the tribe by the Indians benefited, under such rules and regulations as the Secretary of the Interior may prescribe.
For all purposes necessary for survey, construction, and improvement, by concrete lining and installation of structures in the main canals and laterals on the Salt River irrigation project, Arizona, $3,500, to enable the Secretary of the Interior to carry out provisions of the Act of May 18, 1916 (Thirty-ninth Statutes at Large, page 130).
For all purposes necessary for the completion of the irrigation system under the power pant constructed on the Fort Apache Indian Reservation, Arizona, as provided for in the Act of June 30, 1919 (Forty-first Statutes at Large, page 11), so that additional individual Indian lands thereunder may be supplied with water for irrigation purposes, $2,600, payable out of tribal funds of the Indians which shall be reimbursed to the tribe by the Indians benefited under such rules and regulations as may be prescribed by the Secretary of the Interior.
For reclamation and maintenance charges on Indian lands within the Yuma Reservation, California, and on ten acres within each of the eleven Yuma homestead entries in Arizona, under the Yuma reclamation project, $60,000, reimbursable as provided by the Act of March 3, 1911 (Thirty-sixth Statutes at Large, page 1063).
For improvement, maintenance, and operation of the Fort Hall irrigation system, Idaho, $49,000, reimbursable.
For continuing the enlarging, relocating, and repairing of canals, structures, and dam, and replacing of structures of the irrigation system for the irrigation of lands on the Fort Hall Reservation, Idaho, and lands ceded by the Indians of said reservation, as provided
for in the Act of May 24, 1922 (Forty-second Statutes at Large, page 568), the same to be reimbursed in accordance with the provisions of said Act of May 24, 1922, $200,000.
For maintenance and operation, including repairs of the irrigation systems on the Fort Belknap Reservation, in Montana, $30,000, reimbursable in accordance with the provisions of the Act of April 4, 1910.
For continuing construction, maintenance, and operation of the irrigation systems on the Flathead Indian Reservation, in Montana, by and under the direction of the Commissioner of Indian Affairs, including the purchase of any necessary rights or property, $150,000 (reimbursable).
For maintenance and operation of the irrigation systems on the Fort Peck Indian Reservation, in Montana, by and under the direction of the Commissioner of Indian Affairs, including the purchase of any necessary rights or property, $ 15,000 (reimbursable).
For continuing construction, maintenance, and operation of the irrigation systems on the Blackfeet Indian Reservation in Montana, by and under the direction of the Commissioner of Indian Affairs, including the purchase of any necessary rights or property, $20,000 (reimbursable).
For improvement, maintenance, and operation of the irrigation systems on the Crow Reservation, Montana, including maintenance assessments payable to the Two Leggings Water Users' Association, and Bozeman Trail Ditch Company, Montana, properly assessable against lands allotted to the Indians irrigable thereunder, $150,000, and to be reimbursed under such rules and regulations as may be prescribed by the Secretary of the Interior.
For improvements, operation, and maintenance of the irrigation system on the Pyramid Lake Reservation, Nevada, $4,200, reimbursable from any funds of the Indians of this reservation now or hereafter available.
For reclamation and maintenance charges on lands allotted to Paiute Indians within the Newlands project, Nevada, $6,000; for payment of annual drainage assessments against said lands, $2,100; in all, $8,100, reimbursable from any funds of the said Indians now or hereafter available.
For continuing the reconstruction and for operation and maintenance of the irrigation system for the Laguna and Acoma Indians in New Mexico, $6,000, reimbursable by the Indians benefited, under such rules and regulations as the Secretary of the Interior may prescribe.
For all purposes necessary for completion of a drainage canal through the Isleta Pueblo Indian lands in New Mexico in the Rio Grande Valley, $25,000, reimbursable in accordance with such rules and regulations as the Secretary of the Interior may prescribe.
For improvement, operation, and maintenance of the Hogback irrigation project on that part of the Navajo Reservation in New Mexico under the jurisidiction of the San Juan Indian School, $7,500, reimbursable under such rules and regulations as the Secretary of the Interior may prescribe.
For all purposes necessary for the construction, operation, and maintenance of the San Juan Pueblo project, New Mexico, $15,000.
For repair of damage to irrigation systems resulting from flood and for flood protection of irrigable lands on the several pueblos in New Mexico, $10,000. For improvement, maintenance, and operation of the Modoc Point, Sand Creek, Fort Creek, Cooked Creek, and miscellaneous irrigation projects on the Klamath Reservation, $9,000, to be paid from the funds held by the United States in trust for the Klamath Indians
in the State of Oregon, said sum, or such part thereof as may be used, to be reimbursed to the tribe under such rules and regulations as the Secretary of the Interior may prescribe.
For continuing the construction of lateral distributing systems to irrigate the alloted lands of the Uncompahgre, Uintah, and White River Utes in Utah, and to maintain existing irrigation systems authorized under the Act of June 21, 1906, $50,000, to be reimbursed under such rules and regulations as may be prescribed by the Secretary of the Interior.
For operation and maintenance, including repairs, of the Toppenish- Simcoe irrigation system, on the Yakima Reservation, Washington, reimbursable as provided by the Act of June 30, 1919 (Forty-first Statutes at Large, page 28), $5,000.
For operation and maintenance, including repairs, of the Ahtanum irrigation system on the Yakima Reservation, Washington, $2,800, reimbursable under such rules and regulations as the Secretary of the Interior may prescribe.
For reimbursement to the reclamation fund the proportionate expense of operation and maintenance of the reservoirs for furnishing stored water to the lands in Yakima Indian Reservation, Washington, in accordance with the provisions of section 22 of the Act of August 1, 1914 (Thirty-eighth Statutes at Large, page 604), $11,000.
For continuing construction and enlargement of the Wapato irrigation and drainage system, to make possible the utilization of the water supply provided by the Act of August 1, 1914 (Thirty-eight Statutes at Large, page 604), for forty acres of each Indian allotment under the Wapato irrigation project on the Yakima Indian Reservation, Washington, and such other water supply as may be available or obtainable for the irrigation of a total of one hundred and twenty thousand acres of allotted Indian lands on said reservation, $10,000: Provided, That the entire cost of said irrigation and drainage system shall be reimbursed to the United States under the conditions and terms of the Act of May 18, 1916: Provided further, That the funds hereby appropriated shall be available for the reimbursement of Indian and white landowners for improvements and crops destroyed by the Government in connection with the construction of irrigation canals and drains of this project.
For construction of that part of the Satus unit of the Wapato project that can be irrigated by gravity from the drainage water from the Wapato project, and for operation and maintenance of the system, Yakima Reservation, Washington, $50,000, to be reimbursed under such rules and regulations as the Secretary of the Interior may prescribe.
For the extension of canals and laterals on the ceded portion of the Wind River Reservation, Wyoming, to provide for the irrigation of additional Indian lands, and for the Indians' pro rata share of the cost of the operation and maintenance of canals and laterals and for the Indians' pro rata share of the cost of the Big Bend Drainage project on the ceded portion of that reservation, $36,500, reimbursable under such rules and regulations as the Secretary of the Interior may prescribe.
For continuing the work of constructing an irrigation system within the diminished Shoshone or Wind River Reservation, in Wyoming, including the Big Wind River and Dry Creek Canals, and including the maintenance and operation of completed canals, $165,000, reimbursable as provided by existing law.
For the support of Indian day and industrial schools not otherwise provided for, and other educational and industrial purposes in connection therewith, $2,000,000: Provided, That not to exceed $40,000 of this amount may be used for the support and education of deaf and dumb or blind or mentally deficient Indian children: Provided further, That $3,500 of this amount may be used for the education and civilization of the Alabama and Coushatta Indians in Texas: Provided further, That all reservation and nonreservation boarding schools with an average attendance of less than forty-five and eighty pupils, respectively, shall be discontinued on or before the beginning of the fiscal year 1925. The pupils in schools so discontinued shall be transferred first, if possible, to Indian day schools or State public schools; second, to adjacent reservation or nonreservation boarding schools, to the limit of the capacity of said schools; Provided further, That all day schools with an average atten