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984
73d CONGRESS. SESS. If. CHS. 575, 576. JUNE 18, 1934.
Congress approved February 28, 1931, June 9, 1932, and June 13,
1933, are hereby extended one and three years, respectively, from
June 13, 1934.
Amendment.
Sec. 2. The right to alter, amend, or repeal this Act is hereby
expressly reserved.
Approved, June 18, 1934.
[CHAPTER 576.]
AN ACT
June 18, 1034.
To conserve and develop Indian lands and resources; to extend to Indians the
(8. 8646.)
right to form business and.other organizations; to establish a credit system for
{Public, No, 383.}
Indians; to grant certain rights of home rule to Indians; to provide for voca-
tional education for Indians; and for other purposes.
Be it enacted by the Senate and House of Representatives of the
indian affairs.
Future allotment in
United States of America in Congress assembled, That hereafter
no land of any Indian reservation, created or set apart by treaty or
severalty prohibited.
agreement with the Indians, Act of Congress, Executive order, pur-
chase, or otherwise, shall be allotted in severalty to any Indian.
Existing trust pe-
Sec. 2. The existing periods of trust placed upon any Indian
riods extended.
lands and any restriction on alienation thereof are hereby extended
and continued until otherwise directed by Congress.
Restoration of lands
to tribal ownersbip.
Src. 3. The Secretary of the Interior, if he shall find it to be in
the public interest, is hereby authorized to restore to tribal owner-
ship the remaining surplus lands of any Indian reservation hereto-
of fore disposal opened, by or Presidential to proclamation, to or sale, any any other form
Provisos.
land laws of the United States: Provided, however, That valid rights
Existing valid rights
not affected.
or claims of any persons to any lands so withdrawn existing on the
date of the withdrawal shall not be affected by this Act: Provided
Lands in reclamation
further, That this section shall not apply to lands within any recla-
projects.
mation project. heretofore authorized in any Indian reservation : Pro-
Order temporarily
vided further, That the order of the Department of the Interior signed,
withdrawing Papago
as
dated, and approved by Honorable Ray Lyman Wilbur, Secretary
Reservation lands
from mineral entry,
of the Interior, on October 28, 1932, temporarily withdrawing lands
etc., revoked.
of the Papago Indian Reservation in Arizona from all forms of
mineral entry or claim under the public land mining laws, is hereby
revoked and rescinded, and the lands of the said Papago Indian
Reservation are hereby restored to exploration and location, under
the existing mining laws of the United States, in accordance with
the express terms and provisions declared and set forth in the
Executive orders establishing said Papago Indian Reservation:
Resulting damages
Provided further, That damages shall be paid to the Papago Tribe
to be paid tribe; limita-
tion.
for loss of any improvenients on any land located for mining in
such a sum as may be determined by the Secretary of the Interior
Anuual rental to be
but not to exceed the cost of said improvements: Provided further,
paid.
That a yearly rental not to exceed five cents per acre shall be paid
to the Papago Tribe for loss of the use or occupancy of any land
withdrawn by the requirements of mining operations, and payments
derived from damages or rentals shall be deposited in the Treasury
Applicant for min-
of the United States to the credit of the Papago Tribe: Provided
eral patent must first
make deposit of rent.
further, That in the event any person or persons, partnership, cor-
poration, or association, desires a mineral patent, according to the
mining laws of the United States, he or they shall first deposit in
the Treasury of the United States to the credit of the Papago Tribe
the sum of $1.00 per acre in lieu of annual rental, as hereinbefore
provided, to compensate for the loss or occupancy of the lands with-
drawn by the requirements of mining operations: Provided further,
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985
73d CONGRESS. SESS. II. CH. 576. JUNE 18, 1934.
Patentes to pay, to
_ for loss of i
That the patentee of the also pay Tribe the damages Treasury for of the the loss United improve-
°°"
ments not heretofore paid in such a sum as may be determined by
the Secretary of the Interior, but not to exceed the cost thereof;
the payment of $1.00 per acre for surface use to be refunded to Refund, if not ac
,
patentee in the event that patent is not acquired.
;
Nothing herein contained shall restrict the granting or use of per-
of way, etc.
;
,,
mits for easements or rights-of-way; or ingress or egress over the
lands for all proper and lawful purposes; and nothing contained
herein, except as expressly provided, shall be construed as authority
for the Secretary of the Interior, or any other person, to issue or
in
promulgate a rule or regulation in conflict with the Executive order
of February 1, 1917, creating the Papago Indian Reservation in Ari- °° _ © P. 1202
zona or the Act of February 21, 1931 (46 Stat. 1202).
,X0,{"usfers of te
Sec. 4. Except as herein provided, no sale, devise, gift, exchange
or other transfer of restricted Indian lands or of shares in the assets °te.; exception.
of any Indian tribe or corporation organized hereunder, shall be
corporation organized
made or approved: Provided, however, That such lands or interests Feet ay descend
only to Indian tribe or
may, with the approval of the Secretary of the Interior, be sold,
°°" poration.
eg
devised, or otherwise transferred to the Indian tribe in which the
lands or shares are located or from which the shares were derived
or to a successor corporation; and in all instances such lands or
j,P2scemb,tcy goto:
interests shall descend or be devised, in accordance with the then
existing laws of the State, or Federal laws where applicable, in
which said lands are located or in which the subject matter of the
corporation is located, to any member of such tribe or of such cor-
poration or any heirs of such member: Provided further, That the
,,Voluntary exchanges
tions >
Secretary of the Interior may authorize voluntary exchanges of
lands of equal value and the voluntary exchange of shares of equal
value whenever such exchange, in his judgment, is expedient and
beneficial for or compatible with the proper consolidation of Indian
lands and for the benefit of cooperative organizations.
Sec. 5. The Secretary of the Interior is hereby authorized, in his
for pro-
discretion, to acquire through purchase, gift, dians.
relinquishment,
exchange, or assignment, any interest in lands, water rights or sur-
face rights to lands, within or without existing reservations, includ-
ing trust or otherwise restricted allotments whether the allottee be
living or deceased, for the purpose of providing land for Indians.
moder" 8
For the acquisition of such lands, interests in lands, water rights,
and surface rights, and for expenses incident to such acquisition,
there is hereby authorized to be appropriated, out of any funds in
the Treasury not otherwise appropriated, a sum not to exceed
FB
ar: Provider
$2,000,000 in any one fiscal year: Provided, That no part of such
out.
side boundary lines of
part
funds shall be used to acquire additional land outside of the exterior
“*”*!°Teservation.
Indian
boundaries of Navajo Indian Reservation for the Navajo Indians in
Arizona and New Mexico, in the event that the proposed Navajo
Ante, p. 960.
boundary extension measures now pending in Congress and embodied
in the bills (S, 2499 and H.R. 8927) to define the exterior boundaries
of the Navajo Indian Reservation in Arizona, and for other purposes,
and the bills (S. 2531 and H.R. 8982) to define the exterior bounda-
ries of the Navajo Indian Reservation in New Mexico and for other
purposes, or similar legislation, become law..
pai arts ag Uh?
e unexpended balances of any appropriations made pursuant to
this section shall remain available until expended.
united States in ted i
Title to any lands or rights acquired pursuant to this Act shall be
,,U97d8 exempt from
taken in the name of the United States in trust for the Indian tribe
or individual Indian for which the land is acquired, and such lands
or
rights shall be exempt from State and local taxation,
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986
73d CONGRESS. SESS. IT. CH. 576. JUNE 18, 1934.
Indian forestry units
Sro. 6. The Secretary of the Interior is directed to make rules and
Regulations govern-
ing.
regulations for the operation and management of Indian forestry
units on the principle of sustained-yield management, to restrict the
number of livestock grazed on Indian range units to the estimated
carrying capacity of such ranges, and to promulgate such other rules
and regulations as may be necessary to protect the range from deteri-
oration, to prevent soil erosion, to assure full utilization of the
range, and like purposes.
New Indian reserva-
Src. 7. The Secretary of the Interior is hereby authorized to pro-
tions on lands acquired
by proclamation.
claim new Indian reservations on lands acquired pursuant to any
authority conferred by this Act, or to add such lands to existing
Provigo,
reservations: Provided, That lands added to existing reservations
Additions, for exclu-
sive use of Indians.
shall be designated for the exclusive use of Indians entitled by
enrollment or by tribal membership to residence at such reservations.
Holdings for home-
Sec. 8. Nothing contained in this Act shall be construed to relate
steads outside of res-
ervations,
to Indian holdings of allotments or homesteads upon the public
domain outside of the geographic boundaries of any Indian reser-
vation now existing or established hereafter.
Sum for defraying ex-
Src. 9, There is hereby authorized to be appropriated, out of
penses of tribal organi-
zation herein created.
any funds in the Treasury not otherwise appropriated, such sums
as may be necessary, but not to exceed $250,000 in any fiscal year,
to be expended at the order of the Secretary of the Interior, in
defraying the expenses of organizing Indian chartered corporations
or other organizations under this Act.
Establishment of re-
Src. 10. is hereby authorized to be appropriated, out of
volving fund, to make
loans for economic de-
any funds in the Treasury not otherwise appropriated, the sum of
velopment.
$10,000,000 to be established as a revolving fund from which the
Secretary of the Interior, under such rules and regulations as he
may prescribe, may make loans to Indian chartered corporations
for the purpose of promoting the economic development of such
tribes and of their members, and may defray the expenses of
Repayments to be
administering such loans. Repayment of amounts loaned under
credited to revolving
fund
this authorization shall be credited to the revolving fund and shall
Report to Congress.
be available for the purposes for which the fund is established. A
report shall be made annually to Congress of transactions under
this authorization.
Vocational and trade
school.
Sec. 11. There is hereby authorized to be appropriated, out of
Annual appropria-
any funds in the United States Treasury not otherwise appro-
tion for loans, to pro-
priated, a sum not to exceed $250,000 annually, together with any
vide payment for tui-
tion, ete.
unexpended balances of previous appropriations made pursuant to
this section, for loans to Indians for the paymient of tuition and
Proviso,
Indian students in
other expenses in recognized vocational and trade schools: Provided,
secondary, ete., schools
That not more than $50,000 of such sum shall be available for
loans to Indian students in high schools and colleges. Such loans
Reimbursable.
shall be reimbursable under rules established by the Commissioner
of Indian Affairs.
Standards of health,
ability, ete., to beestab-
Sec. 12. The Secretary of the Interior is directed to establish
lished.
standards of health, age, character, experience, knowledge, and
ability for Indians who may be appointed, without regard to civil-
Appuintments,
service laws, to the various positions maintained, now or hereafter,
by the Indian Office, in the administration of functions or services
affecting any Indian tribe. Such qualified Indians shall hereafter
have the preference to appointment to vacancies in any such
positions.
Provisions dealing
with Indian corpora-
Src. 13. The provisions of this Act shall not apply to any of the
tions, education, etc.,
Territories, colonies, or insular possessions of the United States,
applicable te Alaska.
except that sections 9, 10, 11, 12, and 16, shall apply to the Territory
Designated sections
inapplicable to various
of Alaska: Provided, That Sections 2, 4, 7, 16, 17, and 18 of this Act
tribes.
shall not apply to the following-named Indian tribes, the members of
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987
73d CONGRESS. SESS. II. CH. 576. JUNE 18, 1934.
such Indian tribes, together with members of other tribes affiliated
with such named tribes located in the State of Oklahoma, as follows:
Cheyenne, Arapaho, Apache, Comanche, Kiowa, Caddo, Delaware,
Wichita, Osage, Kaw, Otoe, Tonkawa, Pawnee, Ponca, Shawnee,
Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac and Fox, Kickapoo,
Pottawatomi, Cherokee, Chickasaw, Choctaw, Creek, and Seminole.
Section 4 of this Act shall not apply to the Indians of the Klamath
Reservation in Oregon.
Protecting treaty
Sec. 14. The Secretary of the Interior is hereby directed to continue
4 ns.
rights with Sioux In-
the allowance of the articles enumerated in section 17 of the Act
Continuation of al-
of March 2, 1889 (23 Stat.L. 894), or their commuted cash value
lowances, etc.
under the Act of June 10, 1896 (29 Stat.L. 3384), to all Sioux
Vol 23, Pi 894; Vol.
334; Vol. 25, p. 451.
Indians who would, be eligible, but for the provisions of this Act,
to receive allotments of lands in severalty under section 19 of the
Act of May 29, 1908 (25 Stat.L. 451), or under any prior Act,
and who have the prescribed status of the head of a family or
No person to receive
imore than one allow-
single person over the age of eighteen years, and his approval shall
ance,
be final and conclusive, claims therefor to be paid as formerly from
the permanent appropriation made by said section 17 and carried
on the books of the Treasury for this purpose. No person shall
receive in his own right more than one allowance of the benefits, and
application must be made and approved during the lifetime of
the allottee or the right shall lapse. Such henefits shall continue
to be paid upon such reservation until such time as the lands
available therein for allotment at the time of the passage of this
Act would have been exhausted by the award to each person
land.
receiving such benefits of an allotment of eighty acres of such
No Indian claim or
Sec, 15. Nothing in this Act shall be construed to impair or
quit impaired by this
ct,
prejudice any claim or suit of any Indian tribe against the United
States. It is hereby declared to be the intent of Congress that no
expenditures for the benefit of Indians made out of appropriations
authorized by this Act shall be considered as offsets in any suit
brought to recover upon any claim of such Indians against the
United States.
Indians residing on
Sec. 16, Any Indian tribe, or tribes, residing on the same reserva-
Same reservation may
organize for common
tion, shall have the right to organize for its common welfare, and
welfare.
may adopt an appropriate constitution and bylaws, which shall
become effective when ratified by a majority vote of the adult mem-
Effective, when rati-
sed
bers of the tribe, or of the adult Indians residing on such reservation,
as the case may be, at a special election authorized and called by the
Secretary of the Interior under such rules and regulations as he
Revocation, amend-
may prescribe. Such constitution and bylaws when ratified as afore-
ments, etc.
said and approved by the Secretary of the Interior shall be revocable
by an election open to the same voters and conducted in the same
manner as hereinabove provided. Amendments to the constitution
and bylaws may be ratified and approved by the Secretary in the
same manner as the original constitution and bylaws.
Additional powers
vested in tribe.
In addition to all powers vested in any Indian tribe or tribal
council by existing law, the constitution adopted by said tribe shall
also vest in such tribe or its tribal council the following rights and
powers: To employ legal counsel, the choice of counsel and fixing
;
of fees to be subject to the approval of the Secretary of the Interior
to prevent the sale, disposition, lease, or encumbrance of tribal lands,
interests in lands, or other tribal assets without the consent of the
tribe; and to negotiate with the Federal, State, and local Govern-
Secretary to advise
tribe of contemplated
ments. The Secretary of the Interior shall advise such tribe or its
appropriation esti-
tribal council of all appropriation estimates or Federal projects for
mates.
the benefit of the tribe prior to the submission of such estimates to the
Bureau of the Budget and the Congress.
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988
73d CONGRESS. SESS. II. CHS. 576, 577. JUNE 18, 1934,
Charters.
upon petition therefor,
least SEC. one-third The of Secretary adult of Indians, Interior a may, charter upon of petition by at
Proviso. to such tribe: Provided, That such charter shall not become opera:
tive until ratified at a special election by a majority vote of the adult
Hon.
Indians living on the reservation. Such charter may convey to the
Powers conferred.
incorporated tribe the power to purchase, take by gift, or bequest,
or otherwise, own, hold, manage, operate, and dispose of property
of every description, real and personal, including the power to pur-
chase restricted Indian lands and to issue in exchange therefor
interests in corporate property, and such further powers as may be
incidental to the conduct of corporate business, not inconsistent with
law, but no authority shall be granted to sell, mortgage, or lease for
Revocation,
a period exceeding ten years any of the land included in the limits
of the reservation. Any charter so issued shall not be revoked or
surrendered except by Act of Congress,
inapplicable to. res Sec. 18. This Act shall not apply to any reservation wherein a
ation, «Majority of the adult Indians, voting at a special election duly called
by the Secretary of the Interior, shall vote against its application.
It shall be the duty of the Secretary of the Interior, within one
year after the passage aud approval of this Act, to call such an
election, which election shall be held by secret ballot upon thirty
days’ notice.
Acer “Indian” do-
Ec. 19. The term “Indian” as used in this Act shall include all
“
persons of Indian descent who are members of any recoguized Indian
tribe now under Federal jurisdiction, and all persons who are
descendants of such members who were, on June 1, 1934, residin
within further the include present boundaries persons of any one-half or reservation, Indian and sha
For the purposes of this Act, Eskimos and other aboriginal peoples
“Tribe.”
of Alaska shall be considered Indians. The term “tribe” wherever
used in this Act shall be construed to refer to any Indian tribe,
organized band, pueblo, or the Indians residing on one reservation.
“Adult Indians."
"The words “adult Indians” wherever used in this Act shall be
construed to refer to Indians who have attained the age of twenty-
one years.
Approved, June 18, 1934.
[CHAPTER 6577.)
AN ACT
June 18, 1934,
Granting the consent of Congress to the State Board of Public Works of the State
_____[8. 8742.1]
[Public, No. 3843 ____
of Vermont to construct, maintain, and operate a toll bridge across Lake
Champlain at or near West Swanton, Vermont.
Be it enacted by the Senate and House of Representatives of the
in
United States of America Congress assembled, That the consent
Tere Champa
at West Swanton.
of Congress is hereby granted to the State Board of Public Works
of the State of Vermont to construct, maintain, and operate a bridge
and approaches thereto across Lake Champlain, at a point suitable
to the interests of navigation, between a point at or near East
Gonsemuction.
Alburg, Vermont, and a point at or near West Swanton, Vermont,
in accordance with the provisions of an Act entitled “An Act to
regulate the construction of bridges over navigable waters”
approved March 23, 1906, and bridges subject to the conditions and
limitations fontained in this Act.
‘Toll 1 rates to be ad-
EC, 2. tolls are charged for the use of § such euch brid bridge, the rates
of tolls may be so adjusted as to provide a fund sufficient to pay
of operation and sink:
ing fund.
(a) the reasonable cost of maintenance, repair, and operation of
the said bridge and its approaches, and (b) the ainortization within
a reasonable time, and not exceeding twenty-five years from the
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