United States Code

not been furnished nor until full notice of such regulations shall have been given to the Indians to be affected thereby.

The amount and value of subsistence so withheld shall be credited to the tribe or tribes from whom the same is withheld, to be issued and paid when in the judgment of the Secretary of the Interior they shall have fully complied with such regulations. The Secretary of the Interior may in his discretion withhold rations, clothing, and other annuities from Indian parents or guardians who refuse or neglect to send and keep their children of proper school age in some school a reasonable portion of the year. (Mar. 3, 1893, ch. 209, § 1, 27 Stat. 628, 635.)

§ 284. Regulations by Commissioner of Indian Affairs for attendance at schools.

CODIFICATION

Section, act July 13, 1892, ch. 164, § 1, 27 Stat. 143, is now covered by section 282 of this title.

§ 285. Withholding annuities from Osage Indians for nonattendance at schools.

The Commissioner of Indian Affairs is authorized in his discretion to withhold any annuities or other payments due to Osage Indian minors, above six years of age, whose parents fail, neglect, or refuse to place such minors in some established school for a reasonable portion of each year and to keep such children in regular attendance thereof. The Commissioner of Indian Affairs is authorized to make such rules and regulations as may be necessary to put this provision into force and effect. (June 30, 1913, ch. 4, § 18, 38 Stat. 96.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 286. Sending child to school out of State without consent.

No Indian child shall be sent from any Indian reservation to a school beyond the State or Territory in which said reservation is situated without the voluntary consent of the father or mother of such child if either of them is living, and if neither of them is living without the voluntary consent of the next of kin of such child. Such consent shall be made before the agent of the reservation, and he shall send to the Commissioner of Indian Affairs his certificate that such consent has been voluntarily given before such child shall be removed from such reservation. And it shall be unlawful for any Indian agent or other employee of the Government to induce, or seek to induce, by withholding rations or by other improper means, the parents or next of kin of any Indian to consent to the removal of any Indian child beyond the limits of any reservation. (Aug. 15, 1894, ch. 290, § 11, 28 Stat. 313; Mar. 2, 1895, ch. 188, § 1, 28 Stat. 906.)

TRANSFER OF FUNCTIONS

CROSS REFERENCES

Indian agents abolished, see note under section 64 of this title.

§ 287. Taking child to school in another State without written consent.

No Indian child shall be taken from any school in any State or Territory to a school in any other State against its will or without the written consent of its parents. (June 10, 1896, ch. 398, § 1, 29 Stat. 348.)

§ 288. White children in Indian day schools.

White children may, under rules and regulations prescribed by the Commissioner of Indian Affairs, be admitted to any Indian day school: Provided, That the tuition fees charged for such children shall in no case exceed the tuition fees allowed or charged by the State or county in which such school is situated for the children admitted in the common schools of such State or county: And provided further, That all tuition fees paid for white children enrolled in Indian day schools shall be deposited in the United States Treasury to reimburse the funds out of which the schools last mentioned are maintained. (Mar. 1, 1907, ch. 2285, 34 Stat. 1018.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers. agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 289. White children in Indian boarding schools.

White children may, under rules prescribed by the Commissioner of Indian Affairs, be admitted to Indian boarding schools on the payment of tuition fees at a rate to be fixed in said rules; Provided further, That all tuition fees paid for white children so enrolled shall be deposited in the United States Treasury to reimburse the fund out of which the school is supported. (Mar. 3, 1909, ch. 263, 35 Stat. 783.)

TRANSFER OF FUNCTIONS

§ 291. Removal of Government property at schools. Where there is Government property on hand at any of the Indian reservations or schools not required for the use or benefit of the Indians of reservations or said schools, the Secretary of the Interior is authorized to move such property to other Indian reservations or schools where it may be required. (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.)

§ 292. Suspension or discontinuance of schools.

The Commissioner of Indian Affairs may, when in his judgment the good of the service will be promoted thereby, suspend or discontinue any reservation Indian school, and, with the approval of the Secretary of the Interior, may sell any reservation school building or plant that is no longer desirable as an Indian school upon any reservation and invest the proceeds in other school buildings and plants, as the needs of the service may demand, under such rules and regulations as he may, with the approval of the Secretary of the Interior, prescribe. 1904, ch. 1402, § 1, 33 Stat. 211.)

TRANSFER OF FUNCTIONS

(Apr. 21,

CROSS REFERENCES

Effective July 1, 1935, the appropriation provided for by this section was affected by act June 26, 1934, ch. 756, § 4, 48 Stat. 1227. See section 725c of Title 31, Money and Finance.

§ 292a. Discontinuance of boarding and day schools having small attendance.

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 ensuing fiscal year.

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, That all day schools with an average attendance of less than eight shall be discontinued on or before the beginning of the ensuing fiscal year: Provided further, That all moneys appropriated for any school 24626°-53-vol. 2102

discontinued pursuant to this section or for other cause shall be returned immediately to the Treasury of the United States. (May 10, 1926, ch. 277, § 1, 44 Stat. 468; Jan. 12, 1927, ch. 27, § 1, 44 Stat. 947; Mar. 7, 1928, ch. 137, § 1, 45 Stat. 215; Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1576.)

§ 293. Sale of lands purchased for day school or other Indian administrative uses.

Subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended, the Secretary of the Interior is authorized to cause to be sold, to the highest bidder, under such rules and regulations as he may prescribe any tract or part of a tract of land purchased by the United States for day school or other Indian administrative uses, not exceeding one hundred and sixty acres in any one tract, when said land or a part thereof is no longer needed for the original purpose; the proceeds therefrom in all cases to be paid into the Treasury of the United States; title to be evidenced by a patent in fee simple for such lands as can be described in terms of the legal survey, or by deed duly executed by the Secretary of the Interior containing such metes-and-bounds description as will identify the land so conveyed as the land which had been purchased: Provided, That where the purchase price was paid from tribal funds, the net proceeds shall be placed in the Treasury of the United States to the credit of the respective tribes of Indians. (Mar. 2, 1917, ch. 146, § 1, 39 Stat. 973; Oct. 31, 1951, ch. 654, § 2 (17), 65 Stat. 707.)

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as amended, referred to in the text, is classified to chapter 11B of Title 5, Executive Departments and Government Officers and Employees, chapter 10 of Title 40, Public Buildings, Property, and Works, chapter 4 of Title 41, Public Contracts, and chapter 11 of Title 44, Public Printing and Documents.

AMENDMENTS

1951-Act Oct. 31, 1951 inserted the reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended, at beginning of section; struck out "net" preceding "proceeds" in clause immediately following first semicolon; and, in the proviso, substituted "the net proceeds" for "such proceeds".

CROSS REFERENCES

Proceeds from transfer, sale, etc., of property, see section 485 of Title 40, Public Buildings, Property, and Works. § 294. Sale of certain abandoned buildings on lands belonging to Indian tribes.

The Secretary of the Interior is authorized to sell and convey at public sale, to the highest bidder, under such regulations and under such terms and conditions as he may prescribe, at not less than the appraised value thereof, any abandoned day or boarding school plant, or any abandoned agency buildings, situated on lands belonging to any Indian tribe and not longer needed for Indian or administrative purposes, and to sell therewith not to exceed one hundred and sixty acres of land on which such plant or buildings may stand. Title to all lands disposed of under the provisions of this section shall pass to the purchaser by deed or by patent in fee, with such

reservations or conditions as the said Secretary may deem just and proper, no purchaser to acquire more than one hundred and sixty acres in any one tract: Provided, That the proceeds of all such sales shall be deposited in the Treasury of the United States to the credit of the Indians to whom said lands belong, to be disposed of in accordance with existing law. (Feb. 14, 1920, ch. 75, § 1, 41 Stat. 415.)

§ 295. Supervision of expenditure of appropriations for school purposes.

All expenditure of money appropriated for school purposes among the Indians shall be at all times under the supervision and direction of the Commissioner of Indian Affairs, and in all respects in conformity with such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money as may be from time to time prescribed by him, subject to the supervision of the Secretary of the Interior. (Apr. 30, 1908, ch. 153, 35 Stat. 72.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with certain exceptions, transferred to the Secretary of the Interior, with powers vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 296. Repealed. Mar. 2, 1929, ch. 576, 45 Stat. 1534.

Section, act Apr. 30, 1908, ch. 153, 35 Stat. 72; act June 30, 1919, ch. 4, § 1, 41 Stat. 6; act Feb. 21, 1925, ch. 280, 43 Stat. 958, placed a limitation on per capita expenditure for school purposes.

8297. Expenditure for children with less than onefourth Indian blood.

No appropriation, except appropriations made pursuant to treaties, shall be used to educate children of less than one-fourth Indian blood whose parents are citizens of the United States and of the State wherein they live and where there are adequate free school facilities provided. (May 25, 1918, ch. 86, § 1, 40 Stat. 564.)

§ 298. Census of Indians and report of numbers of school children.

CODIFICATION

Section, act July 4, 1884, ch. 180, § 9, 23 Stat. 98, required Indian agents in their annual report to submit a census of Indians at the agency. Since 1908, there have been no Indian agents. See note to section 64 of this title.

§§ 299-301. Repealed. May 29, 1928, ch. 901, § 1, 45 Stat. 990, 991.

Sections, requiring certain annual reports to Congress by the Secretary of the Interior, were enacted as follows: Section 299 amended Mar. 2, 1887, ch. 320, § 1, 24 Stat.

465.

Sections 300-301 amended Mar. 3, 1911, ch. 210, § 1, 36 Stat. 1060.

§ 302. Indian Reform School; rules and regulations; consent of parents to placing youth in reform school.

The Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, is author

ized and directed to select and designate some one of the schools or other institution herein specifically provided for as an "Indian Reform School", and to make all needful rules and regulations for its conduct, and the placing of Indian youth therein: Provided, That the appropriation for collection and transportation, and so forth, of pupils, and the specific appropriation for such school so selected shall be available for its support and maintenance: Provided further, That the consent of parents, guardians, or next of kin shall not be required to place Indian youth in said school. (June 21, 1906, ch. 3504, 34 Stat. 328.)

TRANSFER OF FUNCTIONS

§ 303. Educational loans to worthy youths.

CODIFICATION

Section, act Oct. 12, 1949, ch. 680, title I, § 101, 63 Stat. 776, was from the Department of Interior Appropriation Act, 1950, and was not repeated in the Department of Interior Appropriation Act, 1951, act Sept. 6, 1950, ch. 896, ch. VII, title I, 64 Stat. 679. Similar provisions were contained in the following prior appropriation acts: 1948- June 29, 1948, 4:58 p. m., E. D. T., ch. 754, § 1, 62 Stat. 1123.

1947-July 25, 1947, ch. 337, § 1, 61 Stat. 470. 1946-July 1, 1946, ch. 529, § 1, 60 Stat. 361. 1945-July 3, 1945, ch. 262, § 1, 59 Stat. 326. 1944 June 28, 1944, ch. 298, § 1, 58 Stat. 472. 1943-July 12, 1943, ch. 219, § 1, 57 Stat. 459. 1942-July 2, 1942, ch. 473, § 1, 56 Stat. 516. 1941-June 28, 1941, ch. 259, § 1, 55 Stat. 315. 1940-June 18, 1940, ch. 395, § 1, 54 Stat. 417. 1939-May 10, 1939, ch. 119, § 1, 53 Stat. 698. 1938-May 9, 1938, ch. 187, § 1, 52 Stat. 303.

§ 304. South Dakota Indians; State course of study.

On and after July 1, 1950, the course of study taught in any school operated and maintained by the Bureau of Indian Affairs on any Indian reservation in the State of South Dakota shall, upon a majority decision of the parents of children enrolled therein voting at a meeting called for that purpose by the superintendent of the reservation, meet the minimum education requirements prescribed by the department of public instruction for the public schools of that State. (Sept. 7, 1949, ch. 566, 63 Stat. 694.)

Navajo and Hopi Indian Tribes, rehabilitation program, see section 631 et seq. of this title.

Promotion of welfare of Indians in Oklahoma, see section 501 et seq. of this title.

§ 305. "Indian Arts and Crafts Board"; creation and composition; compensation.

A board is created in the Department of the Interior to be known as "Indian Arts and Crafts Board", and hereinafter referred to as the Board. The Board shall be composed of five commissioners, who shall be appointed by the Secretary of the Interior as soon as possible after August 27, 1935 and shall continue in office, two for a term of two years, one for a term of three years, and two for a term of four years from the date of their appointment, the term of each to be designated by the Secretary of the Interior, but their successors shall be appointed for a term of four years except that any person chosen to fill a vacancy shall be appointed for the unexpired term of the commissioner whom he succeeds. Both public officers and private citizens shall be eligible for membership on the Board. The Board shall elect one of the commissioners as chairman. One or two vacancies on the Board shall not impair the right of the remaining commissioners to exercise all the powers of the Board.

The commissioners shall serve without compensation: Provided, That each Commissioner shall be reimbursed for all actual expenses, including travel expenses, subsistence and office overhead, which the Board shall certify to have been incurred as properly incidental to the performance of his duties as a member of the Board. (Aug. 27, 1935, ch. 748, § 1, 49 Stat. 891.)

TRANSFER OF FUNCTIONS

§ 305a. Promotion of economic welfare through development of arts and crafts; powers of Board enumerated.

It shall be the function and the duty of the Board to promote the economic welfare of the Indian tribes and the Indian wards of the Government through the development of Indian arts and crafts and the expansion of the market for the products of Indian art and craftsmanship. In the execution of this function the Board shall have the following powers: (a) To

undertake market research to determine the best opportunity for the sale of various products; (b) to engage in technical research and give technical advice and assistance; (c) to engage in experimentation directly or through selected agencies; (d) to correlate and encourage the activities of the various governmental and private agencies in the field; (e) to offer assistance in the management of operating groups for the furtherance of specific projects; (f) to make recommendations to appropriate agencies for loans in furtherance of the production and sale of Indian products; (g) to create Government trade marks of genuineness and quality for Indian products and the products of particular Indian tribes or groups; to establish standards and regulations for the use of such trade marks; to license corporations, associations, or individuals to use them; and to charge a fee for their use; to register them in the United States Patent Office without charge; (h) to employ executive officers, including a general manager, and such other permanent and temporary personnel as may be found necessary, and prescribe the authorities, duties, responsibilities, and tenure and fix the compensation of such officers and other employees: Provided, That the Classification Act of 1949 shall be applicable to all permanent employees except executive officers, and that all employees other than executive officers shall be appointed in accordance with the civil-service laws from lists of eligibles to be supplied by the Civil Service Commission; (i) as a Government agency to negotiate and execute in its own name contracts with operating groups to supply management, personnel, and supervision at cost, and to negotiate and execute in its own name such other contracts and to carry on such other business as may be necessary for the accomplishment of the duties and purposes of the Board: Provided, That nothing in the foregoing enumeration of powers shall be construed to authorize the Board to borrow or lend money or to deal in Indian goods. (Aug. 27, 1935, ch. 748, § 2, 49 Stat. 891; Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972.)

REFERENCES IN TEXT

The civil-service laws and the Classification Act of 1949, referred to in the text, are classified to chapters 12 and 21, respectively, of Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS

1949-Act Oct. 28, 1949, substituted the "Classification Act of 1949" in lieu of the "Classification Act of 1923". TRANSFER OF FUNCTIONS

CROSS REFERENCES

Counterfeiting Indian Arts and Crafts Board trademark, see section 1158 of Title 18, Crimes and Criminal Procedure.

§ 305b. Rules and regulations; submission to Secretary of Interior.

The Board shall prescribe from time to time rules and regulations governing the conduct of its business and containing such provisions as it may deem appropriate for the effective execution and administration of the powers conferred upon it by sections 305-305c of this title: Provided, That before prescribing any procedure for the disbursement of money the Board shall advise and consult with the General Accounting Office: Provided further, That all rules and regulations proposed by the Board shall be submitted to the Secretary of the Interior and shall become effective upon his approval. (Aug. 27, 1935, ch. 748, § 3, 49 Stat. 892.)

TRANSFER OF FUNCTIONS

The function of disbursement of moneys of the United States by any agency was transferred to the Treasury Department and, together with the Office of Disbursing Clerk of that Department, was consolidated in a Division of Disbursement by section 4 of Ex. Ord. No. 6166, June 10. 1933, set out in note to section 132 of Title 5, Executive Departments and Government Officers and Employees. The Division of Disbursement was consolidated in the Fiscal Service by 1940 Reorg. Plan No. III, § 1 (a) (3), eff. June 30, 1940, 5 F. R. 2107, 54 Stat. 1231, set out in note under section 133t of said Title 5.

§ 305c. Appropriation.

There is authorized to be appropriated out of any sums in the Treasury not otherwise appropriated such sums as may be necessary to defray the expenses of the Board and carry out the purposes and provisions of sections 305-305c of this title. All income derived by the Board from any source shall be covered into the Treasury of the United States and shall constitute a special fund which is appropriated and made available until expended for carrying out the purposes and provisions of said sections. Out of the funds available to it at any time the Board may authorize such expenditures, consistent with the provisions of said sections, as it may determine to be necessary for the accomplishment of the purposes and objectives of said sections. (Aug. 27, 1935, ch. 748, § 4, 49 Stat. 892.)

TRANSFER OF FUNCTIONS

§ 305c-1. Same; availability for per diem payment to Board in lieu of other expenses while away from home.

Any appropriation for the development of Indian arts and crafts, made pursuant to section 305c of

this title, shall be available for the payment of 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 on official business of the Board. (May 10, 1939, ch. 119, § 1, 53 Stat. 699.)

§ 305d. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

Section, act Aug. 27, 1935, ch. 748, § 5, 49 Stat. 892 related to counterfeiting of a trade mark and penalty, and is now covered by section 1158 of Title 18, Crimes and Criminal Procedure.

§ 305e. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862; June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948.

Section, act Aug. 27, 1935, ch. 748, § 6, 49 Stat. 893, related to offering for sale without trade mark goods as Indian goods, and is now covered by section 1159 of Title 18, Crimes and Criminal Procedure.

§ 306. Expenditures for encouragement of industry and self-support; repayment.

The expenditures 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 shall be under conditions to be prescribed by the Secretary of the Interior for repayment to the United States on or before the expiration of five years, 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. (May 9, 1938, ch. 187, § 1, 52 Stat. 302.)

§ 306a. Advances for support of old, disabled, or indigent allottees; lien against land.

The Secretary of the Interior is authorized, in his discretion and under such rules and regulations as he may prescribe, to make advances to old, disabled, or indigent Indian allottees, for their support, to remain a charge and lien against their land until paid; such advances for fiscal years after 1939 to be made from appropriations specifically available for such purposes. (May 9, 1938, ch. 187, § 1, 52 Stat. 302.)

§ 307. Establishment of vocational school for children and housing and training center for adults; transfer of property; supervision.

The Administrator of General Services is authorized and directed to transfer to the Secretary of the Interior, without reimbursement or transfer of funds for use by the Bureau of Indian Affairs as a vocational school for Indian children and a center for housing and training adult Indians for off-reservation employment and placement, the property known as the Bushnell General Hospital near Brigham City, Box Elder County, Utah, comprising two hundred and ninety-eight and five-tenths acres, more or less, together with roads, buildings, and other betterments thereon. (Mar. 17, 1949, ch. 22, § 1, 63 Stat. 14; June 30, 1949, ch. 288, title I, § 105, 63 Stat. 381.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and em

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