« ForrigeFortsett »
enrolled upon the approval of the application by a two-thirds vote of the Yakima Tribal Council. Applications for enrollment under this section on behalf of minors and persons mentally incompetent may be filed by any enrolled member of the Yakima Tribes. (Aug. 9, 1946, ch. 933, § 2, 60 Stat. 969.)
half of the restricted or trust lands of the decedent located within the Yakima Reservation or within the area ceded by the said treaty of June 9, 1855. (Aug. 9, 1946, ch. 933, § 7, 60 Stat. 969.)
8 603. Correction of membership roll.
Corrections in the roll prepared under sections 601—607 of this title, by striking therefrom the name of any person erroneously placed on the roll or by adding to the roll the name of any person erroneously omitted therefrom, may be made at any time by the Yakima Tribal Council. (Aug. 9, 1946, ch. 933, $ 3, 60 Stat. 969.)
SHOSHONE AND ARAPAHO TRIBES $ 611. Division of trust fund on deposit in United
States Treasury to joint credit of both tribes. The Secretary of the Interior is authorized and directed to divide the trust funds on deposit in the Treasury of the United States to the joint credit of the Shoshone and Arapaho Tribes of the Wind River Reservation, Wyoming, including the unexpended balance of the treaty funds arising under section 12 of the Act of June 7, 1897 (30 Stat. 93), between the Shoshone Tribe and the Arapaho Tribe, crediting one-half of the total amount in the principal account to a principal trust fund account and one-half of the total amount in the interest account to an interest trust fund account for each tribe: Provided, That in dividing the funds there shall be taken into consideration in determining the amount to be credited to each tribe the outstanding loans made from joint trust funds to the Indians of each tribe. (May 19, 1947, ch. 80, § 1, 61 Stat. 102.)
$ 604. Loss of membership and removal from roll.
Every person whose name appears on the roll prepared under sections 601-607 of this title who holds no vested right, title, or interest in or to any restricted or trust land on the Yakima Reservation or within the area ceded by the treaty of June 9, 1855, and who has failed to maintain any tribal affiliations or a residence on the reservation or within the ceded area for a period of five consecutive years, shall no longer be considered a member of the Yakima Tribes, and his name shall be removed from the rolls. It shall be the duty of the Yakima Tribal Council to determine, subject to review by the Secretary of the Interior, loss of membership in each case. (Aug. 9, 1946, ch. 933, § 4, 60 Stat. 969.)
8 605. Expulsion of members; review by Secretary of
Interior. The Yakima Tribal Council may adopt and enforce ordinances, subject to review by the Secretary of the Interior, governing the expulsion of members for any cause deemed by the council to be sufficient. (Aug. 9, 1946, ch. 933, § 5, 60 Stat. 969.) 8 606. Back pay and annuities on enrollment of new
members. No person whose name shall after August 9, 1946, be placed on the roll of the Yakima Tribes shall be entitled to any back annuities or per capita payments made to the members of the tribes out of tribal funds which were authorized to be paid to the members of the tribes before such person's name shall have been placed upon such roll. (Aug. 9, 1946, ch. 933, § 6, 60 Stat. 969.)
8612. Establishment of trust fund for each tribe;
transfer of funds; interest. The Comptroller of the United States, upon request of the Secretary of the Interior, is authorized and directed to establish a trust fund account for each tribe and the Secretary of the Treasury shall make such transfer of funds on the books of his department as may be necessary to effect the purpose of section 611 of this title: Provided, That interest shall accrue on the principal fund only, at the rate of 4 per centum per annum, and shall be credited to the interest trust fund accounts established by this section: Provided further, That all future revenues derived from the Wind River Reservation under any law shall be divided in accordance with section 611 of this title and credited to the principal trust fund accounts established herein. (May 19, 1947, ch. 80, $ 2, 61 Stat. 102; Aug. 30, 1951, ch. 367, § 1, 65 Stat. 208.)
AMENDMENTS 1951–Act Aug. 30, 1951 amended section by substituting "any" for "existing” preceding "law" in second proviso. 8613. Availability of funds for expenditure; payments
to individuals of tribes; per capita payments not
subject to liens or claims; exception. Notwithstanding any other provision of existing law, the trust funds credited to the Shoshone Tribe and the Arapaho Tribe, respectively, under the provisions of sections 6114613 of this title shall be available for expenditure or for advance to the tribe for such purposes as may be requested by the tribal council and approved by the Secretary of the Interior or such official as may be designated by him: Provided, That two-thirds of said trust funds as initially established, and two-thirds of all sums credited thereto during a period of ten years from and after May 19, 1947, shall be paid on the first day of September and the first day of March each
$ 607. Inheritance by non-members.
After August 9, 1946, only enrolled members of the Yakima Tribes of one-fourth or more blood of such tribes shall take by inheritance or by will any interest in that part of the restricted or trust estate of a deceased member of such tribes which came to the decedent through his membership in such tribes or which consists of any interest in or the rents, issues, or profits from an allotment of land within the Yakima Reservation or within the area ceded by the treaty of June 9, 1855 (12 Stat. 951), except that a surviving spouse of less than onefourth of the blood of the Yakima Tribes may receive by inheritance or devise the use for life of one
year, per capita, to the individual members of said tribes, and any sums distributed per capita out of the funds described in section 611 of this title on or after April 1, 1947, shall be taken into consideration in determining the sums to be distributed under this proviso to the same effect as if sections 611-613 of this title had been in force on and after April 1, 1947: Provided further, That said per capita payments shall not be subject to any lien or claim of any nature against any of the members of said tribes unless the tribal council of such member shall consent thereto in writing, except as to reimbursable Treasury loans made to individual members of either tribe which may be due to the United States, and except as to irrigation charges owed by individual Indians to the United States, but this latter exception shall not become operative until a report upon irrigation charges within the Wind River Irrigation Project has been made and becomes effective in accordance with section 386a of this title. (May 19, 1947, ch. 80, $ 3, 61 Stat. 102; Aug. 31, 1951, ch. 367, § 2, 65 Stat. 209.)
AMENDMENTS 1951–Aug. 30, 1951 amended section by substituting "ten” for “five" preceding “years” in first proviso.
The boundaries and descriptions of the areas to become Indian lands and those which are to be transferred to the Bureau of Land Management are set out in sections III and IV, respectively, of the memorandum of information which is attached to and a part of the report of the Secretary of the Interior to the Senate Committee on Interior and Insular Affairs on sections 621-623 of this title, and such boundaries and descriptions are adopted as part of said sections and shall be published in the Federal Register: Provided, That before said boundaries and descriptions are published in the Federal Register as provided in this section, the Secretary of the Interior may correct any clerical errors in section III of said memorandum of information and shall revise the same so as to define the areas on that portion of the lands conveyed by sections 621-623 of this title and known as Bell Rock Mesa used and occupied respectively by the Laguna Pueblo Indians and the Canoncito Navajo Indians. (Aug. 13, 1949, ch. 425, § 1, 63 Stat. 604.)
REFERENCES IN TEXT Title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200) referred to in text was formerly classified to sections 401–414 of Title 40, Public Buildings Property and Works. These sections were terminated by the provisions of act June 27, 1942, ch. 450, § 101, 56 Stat. 410.
The Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115) referred to in the text was not classified to the Code.
Section 55 of title I of the act of August 24, 1935 (49 Stat. 750, 781) referred to in the text was not classified to the Code.
The Bankhead-Jones Farm Tenant Act (50 Stat. 522, 525) referred to in the text is classified to sections 1000 1025, and 1027-1029 of Title 7, Agriculture.
Taylor Grazing Act (48 Stat. 1269, as amended) referred to in the text is classified to sections 315-315m, 315n3150-1, and 1171 of Title 43, Public Lands.
PUEBLO AND CANONCITO NAVAJO INDIANS 8621. Portions of tribals lands to be held in trust by
the United States; remainder to become part of
the public domain. Title to the lands and the improvements thereon, lying and situated within the State of New Mexico, which have been acquired by the United States under authority of title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115), section 55 of title I of the Act of August 24, 1935 (49 Stat. 750, 781), the Bankhead-Jones Farm Tenant Act (50 Stat. 522, 525) and subsequent emergency relief appropriation Acts administrative jurisdiction over which has heretofore been transferred by the President from the Secretary of Agriculture to the Secretary of the Interior, to be administered through the Commissioner of Indian Affairs for the benefit of the Indians, by Executive Orders Numbered 7792, 7975, 8255, 8471, 8696, and 8472 and that title to the public domain lands and improvements thereon, lying and situated within the State of New Mexico, which were withdrawn in aid of proposed legislation by the Secretary of the Interior on December 23, 1938, and May 31, 1939, and now in use by Pueblo or Canoncito Navajo Indians, excepting those portions thereof used by the United States for administrative purposes, is declared to be in the United States of America in trust for the respective tribes, bands, or groups of Indians occupying and using same as a part of their respective existing reservations, subject to valid existing rights. The remainder of the aforesaid land is declared to be a part of the public domain of the United States and shall be transferred by the Secretary of the Interior to the Bureau of Land Management for administration under the provisions of the Act of Congress of June 28, 1934, generally known as Taylor Grazing Act (48 Stat. 1269, as amended).
8 622. Exchange of tribal lands; title to lands.
For the purpose of consolidation of Indian lands the Secretary of the Interior is authorized, under such regulations as he may prescribe, to exchange any lands or interests therein, including improvements and water rights with the consent of thq. Pueblo or Navajo tribal authorities for other lands, water rights, and improvements of similar value in the area set apart for the Pueblos and Canoncito Navajos or in the areas declared to be public domain or within any public domain within New Mexico. Title to all lands acquired under the provisions of sections 621–623 of this title shall be taken in the name of the United States in trust for the respective Pueblo Indians and the Navajo Canoncito group. (Aug. 13, 1949, ch. 425, $ 2, 63 Stat. 605.)
8 623. Disbursement of deposits in the United Pueblos
Agency. The funds now on deposit in the United Pueblos Agency in "special deposits" which have accrued from issuance of livestock-crossing permits and fees collected for grazing permits on the lands which have been under the jurisdiction of the Department of the Interior shall be expended or disbursed for the benefit of the Indians under such rules and regulations as the Secretary of the Interior may prescribe. (Aug. 13, 1949, ch. 425, § 3, 63 Stat. 605.)
REHABILITATION OF NAVAJO AND HOPI
8 631. Basic program for conservation and develop
ment of resources; projects; appropriations. In order to further the purposes of existing treaties with the Navajo Indians, to provide facilities, employment, and services essential in combating hunger, disease, poverty, and demoralization among the members of the Navajo and Hopi Tribes, to make available the resources of their reservations for use in promoting a self-supporting economy and self-reliant communities, and to lay a stable foundation on which these Indians can engage in diversified economic activities and ultimately attain standards of living comparable with those enjoyed by other citizens, the Secretary of the Interior is authorized and directed to undertake, within the limits of the funds from time to time appropriated pursuant to sections 631—640 of this title, a program of basic improvements for the conservation and development of the resources of the Navajo and Hopi Indians, the more productive employment of their manpower, and the supplying of means to be used in their rehabilitation, whether on or off the Navajo and Hopi Indian Reservations. Such program shall include the following projects for which capital expenditures in the amount shown after each project listed in subsections (1)-(14) of this section and totaling $88,570,000 are authorized to be appropriated:
(1) Soil and water conservation and range improvement work, $10,000,000.
(2) Completion and extension of existing irrigation projects, and completion of the investigation to determine the feasibility of the proposed San JuanShiprock irrigation project, $9,000,000.
(3) Surveys and studies of timber, coal, mineral, and other physical and human resources, $500,000.
(4) Development of industrial and business enterprises, $1,000,000.
(5) Development of opportunities for off-reservation employment and resettlement and assistance in adjustments related thereto, $3,500,000.
(6) Relocation and resettlement of Navajo and Hopi Indians (Colorado River Indian Reservation), $5,750,000.
(7) Roads and trails, $20,000,000.
(8) Telephone and radio communication systems, $250,000.
(9) Agency, institutional, and domestic water supply, $2,500,000.
(10) Establishment of a revolving loan fund, $5,000,000.
(11) Hospital buildings and equipment, and other health conservation measures, $4,750,000.
(12) School buildings and equipment, and other educational measures, $25,000,000.
(13) Housing and necessary facilities and equipment, $820,000.
(14) Common service facilities, $500,000.
Funds so appropriated shall be available for administration, investigations, plans, construction, and all other objects necessary for or appropriate to the
carrying out of the provisions of sections 631-640 of this title. Such further sums as may be necessary for or appropriate to the annual operation and maintenance of the projects herein enumerated are also authorized to be appropriated. Funds appropriated under these authorizations shall be in addition to funds made available for use on the Navajo and Hopi Reservations, or with respect to Indians of the Navajo Tribes, out of appropriations heretofore or hereafter granted for the benefit, care, or assistance of Indians in general, or made pursuant to other authorizations now in effect. (Apr. 19, 1950, ch. 92, § 1, 64 Stat. 44.) 8632. Character and extent of administration; time
limit; reports on use of funds. The foregoing program shall be administered in accordance with the provisions of sections 631—640 of this title and existing laws relating to Indian affairs, shall include such facilities and services as are requisite for or incidental to the effectuation of the projects herein enumerated, shall apply sustained-yield principles to the administration of all renewable resources, and shall be prosecuted in a manner which will provide for completion of the program, so far as practicable, within ten years from April 19, 1950. An account of the progress being had in the rehabilitation of the Navajo and Hopi Indians, and of the use made of the funds appropriated to that end under said sections, shall be included in each annual report of the work of the Department of the Interior submitted to the Congress during the period covered by the foregoing program. (Apr. 19, 1950, ch. 92, § 2, 64 Stat. 45.)
8 633. Preference in employment; on-the-job training.
Navajo and Hopi Indians shall be given, whenever practicable, preference in employment on all proj. ects undertaken pursuant to sections 631-640 of this title, and, in furtherance of this policy may be given employment on such projects without regard to the provisions of the civil-service and classification laws. To the fullest extent possible, Indian workers on such projects shall receive on-the-job training in order to enable them to become qualified for more skilled employment. (Apr. 19, 1950, ch. 97, § 3, 64 Stat. 45.)
REFERENCES IN TEXT The civil-service and classification laws, referred to in the text, are classified to chapters 12 and 21, respectively, of Title 5, Executive Departments and Government Officers and Employees. 8 634. Loans to Tribes or individual members; loan
fund. The Secretary of the Interior is authorized, under such regulations as he may prescribe, to make loans from the loan fund authorized by section 631 of this title to the Navajo Tribe, or any member or association of members thereof, or to the Hopi Tribe, or any member or association of members thereof, for such productive purposes as, in his judgment, will tend to promote the better utilization of the manpower and resources of the Navajo or Hopi Indians. Sums collected in repayment of such loans and sums collected as interest or other charges thereon shall be credited to the loan fund, and shall be available for the purpose for which the fund was established. (Apr. 19, 1950, ch. 92, § 4, 64 Stat. 45.)
8 635. Lease of restricted lands; renewals.
Any restricted Indian lands owned by the Navajo Tribe, members thereof, or associations of such members, or by the Hopi Tribe, members thereof, or associations of such members, may be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, or business purposes, including the development or utilization of natural resources in connection with operations under such leases. All leases so granted shall be for a term of not to exceed twenty-five years, but may include provisions authorizing their renewal for an additional term of not to exceed twenty-five years, and shall be made under such regulations as may be prescribed by the Secretary. Restricted allotments of deceased Indians may be leased under this section, for the benefit of their heirs or devisees, in the circumstances and by the persons prescribed in section 380 of this title. Nothing contained in this section shall be construed to repeal or affect any authority to lease restricted Indian lands conferred by or pursuant to any other provision of law. (Apr. 19, 1950, ch. 92, § 5, 64 Stat. 46.)
8 637. Use of Navajo tribal funds.
Notwithstanding any other provision of existing law, the tribal funds now on deposit or hereafter placed to the credit of the Navajo Tribe of Indians in the United States Treasury shall be available for such purposes as may be designated by the Navajo Tribal Council and approved by the Secretary of the Interior. (Apr. 19, 1950, ch. 92, § 7, 64 Stat. 46.) $ 638. Participation by Tribal Councils; recommenda
tions. The Tribal Councils of the Navajo and Hopi Tribes and the Indian communities affected shall be kept informed and afforded opportunity to consider from their inception plans pertaining to the program authorized by sections 631-640 of this title. In the administration of the program, the Secretary of the Interior shall consider the recommendations of the tribal councils and shall follow such recommendations whenever he deems them feasible and consistent with the objectives of said sections. (Apr. 19, 1950, ch. 92, § 8, 64 Stat. 46.)
8 636. Adoption of constitution by Navajo Tribe;
method; contents. In order to facilitate the fullest possible participation by the Navajo Tribe in the program authorized by sections 631-640 of this title, the members of the tribe shall have the right to adopt a tribal constitution in the manner herein prescribed. Such constitution may provide for the exercise by the Navajo Tribe of any powers vested in the tribe or any organ thereof by existing law, together with such additional powers as the members of the tribe may, with the approval of the Secretary of the Interior, deem proper to include therein. Such constitution shall be formulated by the Navajo Tribal Council at any regular meeting, distributed in printed form to the Navajo people for consideration, and adopted by secret ballot of the adult members of the Navajo Tribe in an election held under such regulations as the Secretary may prescribe, at which a majority of the qualified votes cast favor such adoption. The constitution shall authorize the fullest possible participation of the Navajos in the administration of their affairs as approved by the Secretary of the Interior and shall become effective when approved by the Secretary. The constitution may be amended from time to time in the same manner as herein provided for its adoption, and the Secretary of the Interior shall approve any amendment which in the opinion of the Secretary of the Interior advances the development of the Navajo people toward the fullest realization and exercise of the rights, privileges, duties, and responsibilities of American citizenship.. (Apr. 19, 1950, ch. 92, § 6, 64 Stat. 46.)
8 639. Additional Social Security contributions to
States. Beginning with the quarter commencing July 1, 1950, the Secretary of the Treasury shall pay quarterly to each State (from sums made available for making payments to the States under sections 303 (a), 603 (a), and 1203 (a) of Title 42) an amount, in addition to the amounts prescribed to be paid to such State under such sections, equal to 80 per centum of the total amounts of contributions by the State toward expenditures during the preceding quarter by the State, under the State plans approved under the Social Security Act for old age assistance, aid to dependent children, and aid to the needy blind, to Navajo and Hopi Indians residing within the boundaries of the State on reservations or on allotted or trust lands, with respect to whom payments are made to the State by the United States under sections 303 (a), 603 (a), and 1203 (a) of Title 42, not counting so much of such expenditure to any individual for any month as exceeds the limitations prescribed in such sections. (Apr. 19, 1950, ch. 92, § 9, 64 Stat. 47.)
REFERENCES IN TEXT The Social Security Act, referred to in text, is generally distributed throughout Title 42, The Public Health and Welfare.
Sections 303 (a), 603 (a) and 1203 (a) of Title 42, referred to in text, are sections 3 (a), 403 (a) and 1003 (a) of the Social Security Act.
8640. Joint Congressional Committee-(a) Establish
ment and composition; vacancies; chairman. There is established a joint congressional committee to be known as the Joint Committee on Navajo-Hopi Indian Administration (hereinafter referred to as the "committee”), to be composed of three members of the Committee on Interior and Insular Affairs of the Senate to be appointed by the President of the Senate, not more than two of whom shall be from the same political party, and three members of the Committee on Public Lands of the House of Representatives to be appointed by the INDIANS OF CALIFORNIA 8 651. Definitions.
For the purposes of sections 651—657 of this title the Indians of California shall be defined to be all Indians who were residing in the State of California on June 1, 1852, and their descendants now living in said State. (May 18, 1928, ch. 624, § 1, 45 Stat. 602.)
Speaker of the House of Representatives, not more than two of whom shall be from the same political party. A vacancy in the membership of the committee shall be filled in the same manner as the original selection. The committee shall elect a chairman from among its members. (b) General functions; aid to standing committees;
reports; consultations with Commissioner. It shall be the function of the committee to make a continuous study of the programs for the administration and rehabilitation of the Navajo and Hopi Indians, and to review the progress achieved in the execution of such programs. Upon request, the committee shall aid the several standing committees of the Congress having legislative jurisdiction over any part of such programs, and shall make a report to the Senate and the House of Representatives, from time to time, concerning the results of its studies, together with such recommendations as it may deem desirable. The Commissioner of Indian Affairs at the request of the committee, shall consult with the committee from time to time with respect to his activities under sections 631-640 of this title. (c) Hearings; witnesses and evidence; oaths; appli
cation of other laws. The committee, or any duly authorized subcommittee thereof, is authorized to hold such hearings, to sit and act at such times and places, to require by subpena or otherwise the attendance of such witnesses and the production of such books, papers and documents, to administer such oaths, to take such testimony, to procure such printing and binding, and to make such expenditures as it deems advisable. The cost of stenographic services to report such hearings shall not be in excess of 25 cents per hundred words. The provisions of sections 192 to 194 of Title 2 shall apply in case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this subsection. (d) Employment of personnel.
The committee is authorized to appoint and, without regard to the Classification Act of 1923, as amended, fix the compensation of such experts, consultants, technicians, and organizations thereof, and clerical and stenographic assistants as it deems necessary and advisable. (e) Appropriations; disbursements.
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, to be disbursed by the Secretary of the Senate on vouchers signed by the chairman. (Apr. 19, 1950, ch. 92, $ 10, 64 Stat. 47.)
REFERENCES IN TEXT The Classification Act of 1923, as amended, referred to in subsec. (d) of text, was repealed by act Oct. 28, 1949, ch. 782, Title XII, $ 1202, 63 Stat. 972. Section 1106 of the latter Act provides that whenever reference is made in any other law to the Classification Act of 1923, as amended, such reference shall be held and considered to mean the Classification Act of 1949. The Classification Act of 1949 is set out as chapter 21 of Title 5, Executive Departments and Government Officers and Employees.
8 652. Claims against United States for appropriated
lands; submission to Court of Claims; appeal;
grounds for relief. All claims of whatsoever nature the Indians of California as defined in section 651 of this title may have against the United States by reason of lands taken from them in the State of California by the United States without compensation, or for the failure or refusal of the United States to compensate them for their interest in lands in said State which the United States appropriated to its own purposes without the consent of said Indians, may be submitted to the Court of Claims by the attorney general of the State of California acting for and on behalf of said Indians for determination of the equitable amount due said Indians from the United States; and jurisdiction is conferred upon the Court of Claims of the United States, with the right of either party to appeal to the Supreme Court of the United States, to hear and determine all such equitable claims of said Indians against the United States and to render final decree thereon.
It is declared that the loss to the said Indians on account of their failure to secure the lands and compensation provided for in the eighteen unratified treaties is sufficient ground for equitable relief. (May 18, 1928, ch. 624, § 2, 45 Stat. 602.) 8 653. Statutes of limitations unavailable against
claims; amount of decree; set-off. If any claim or claims be submitted to said courts, they shall settle the equitable rights therein, notwithstanding lapse of time or statutes of limitation or the fact that the said claim or claims have not been presented to any other tribunal, including the commission created by the Act of March 3, 1851 (Ninth Statutes at Large, page 631): Provided, That any decree for said Indians shall be for an amount equal to the just value of the compensation provided or proposed for the Indians in those certain eighteen unratified treaties executed by the chiefs and head men of the several tribes and bands of Indians of California and submitted to the Senate of the United States by the President of the United States for ratification on the 1st day of June, 1852, including the lands described therein at $1.25 per acre. Any payment which may have been made by the United States or moneys heretofore or hereafter expended to date of award for the benefit of the Indians of California, made under specific appropriations for the support, education, health, and civilization of Indians in California, including purchases of land, shall not be pleaded as an estoppel but may be pleaded by way of set-off. (May 18, 1928, ch. 624, $ 3, 45 Stat. 602.)