December 11, 1963 [H. R. 2905] 77 Stat. 347 Indians. Devils Lake Sioux Tribe. Lands. 25 U. S. C. 70a. December 11, 1963 [H. R. 2467] 77 Stat. 349 Rosebud Sioux In- PUBLIC LAW 88-194 AN ACT To donate to the Devils Lake Sioux Tribe of the Fort Totten Indian Reservation, North Dakota, approximately two hundred seventy-five and seventy-four onehundredths acres of federally owned land. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all of the right, title, and interest of the United States in the real property described below, and the improvements thereon, located within the Fort Totten Indian Reservation, North Dakota, are hereby declared to be held in trust by the United States for the use and benefit of the members of the Devils Lake Sioux Tribe of the Fort Totten Indian Reservation, North Dakota, subject to existing valid rights-of-way: Lot 1, section 16; lots 6, 7, 8, 9, 10, southwest quarter northeast quarter northeast quarter, southeast quarter northeast quarter, section 17; the west two hundred and twenty feet of the north 1,255.3 feet of lot 2, section 16; the north 38.13 acres of lot 2, section 17, and the north 11.46 acres of lot 3, section 17, these parcels being that portion of the west two hundred and twenty feet of lot 2, section 16 and those portions of lots 2 and 3, section 17, not embraced in Devils Lake Sioux Allotment Numbered 585 of Jesse G. Palmer for which Patent Numbered 412546 was issued to Frank Palmer, heir of Jesse G. Palmer, on June 10, 1914. all of said lands being situated in township 152 north, range 65 west, fifth principal meridian, Benson County, North Dakota, containing 275.74 acres more or less. SEC. 2. The Indian Claims Commission is directed to determine in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed by this Act should or should not be set off against any claim against the United States determined by the Commission. Approved, December 11, 1963. PUBLIC LAW 88-196 AN ACT To authorize the sale and exchange of isolated tracts of tribal land on the Rosebud Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, upon request of the Rosebud Sioux Tribe, South Dakota, acting through its governing body, the Secretary of the Interior is authorized to exchange or to sell, by public or by negotiated sale, the tribal interests in isolated tracts of land located in Tripp, Gregory, and Lyman Counties, South Dakota, and held by the United States in trust for the tribe: Provided, (1) That the Secretary of the Interior certifies that the tract is isolated in that it is so located or situated that it would be to the economic advantage of the tribe to sell or exchange the tract; (2) that the amount or exchange value received by the tribe is not less than the fair market value of the tribal trust land and is accepted by the tribe; (3) that any proceeds from the sale of land under this Act are used exclusively for the purchase of land on the reservation within land consolidation areas approved by the Secretary of the Interior; (4) that title to any land acquired for the tribe under this Act by purchase or exchange shall be taken in the name of the United States in trust for the tribe; (5) that if lands in an exchange are not of equal value the difference in value may be paid in money; and (6) that if an enrolled member of the Rosebud Sioux Tribe acquires the tribal trust land, title may be taken in the name of the United States in trust. SEC. 2. Upon request of the Rosebud Sioux Tribe, South Dakota, acting through its governing body, the Secretary of the Interior is authorized to mortgage tribal interests in isolated tracts of land, in lieu of selling or exchanging them, and the proceeds of the loan secured by the mortgage must be used exclusively for the acquisition of land on the reservation within land consolidation areas approved by the Secretary of the Interior, title to the land acquired being taken in the name of the United States in trust for the tribe. Approved, December 11, 1963. PUBLIC LAW 88-221 AN ACT For the relief of the city of Winslow, Arizona. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and directed to pay $15,868.07 to the city of Winslow, Arizona, in full settlement of all claims against the United States for the Government's fair share of the costs for paving the streets adjacent to the United States property known as the Winslow Dormitory which is a facility for reservation Indian children operated by the Department of the Interior, Bureau of Indian Affairs. The payment shall be made out of funds available to the Bureau of Indian Affairs for the construction of roads. No part of the payment provided for in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any amount not exceeding $1,000. Approved, December 21, 1963. PUBLIC LAW 88-230 AN ACT To amend the Act of August 3, 1956 (70 Stat. 986), as amended, relating to adult Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first section of the Act entitled "An Act relating to employment for certain adult Indians on or near Indian reservations", approved August 3, 1956 (70 Stat. 986; 25 U. S. C. 309), is amended (1) by inserting in the first sentence thereof immediately after "twenty-four months," the following: "and, for nurses' training, for periods that do not exceed thirty-six months," and (2) by striking out the period at the end of the last sentence in such section and inserting in lieu thereof a comma and the following: "or with any school of nursing offering a three-year course of study leading to a diploma in nursing which is accredited by a recognized body or bodies approved for such purpose by the Secretary.". (b) Section 2 of said Act of August 3, 1956, as amended, is further amended to read as follows: "SEC. 2. There is authorized to be appropriated for the purposes of this Act the sum of $12,000,000 for each fiscal year, and not to exceed $1,500,000 of such sum shall be available for administrative purposes." Approved, December 23, 1963. PUBLIC LAW 88-231 AN ACT To provide for the disposition of the judgment funds on deposit to the credit of the December 21, 1963 [H. R. 7601] 77 Stat. 466 Winslow, Arizona. December 23, 1963 [S. 1868] 77 Stat. 471 Indians. Vocational training. 75 Stat. 571. December 23, 1963 [S. 2139] 77 Stat. 472 Indians. March 26, 1964 [S. 614] 78 Stat. 171 Cochiti Reservoir. Water for recreational purposes. 43 U. S. C. 615pp, 615tt-615vv, 615xx. 1172 April 30, 1964 (S. 1565] 78 Stat. 186 Indians, sale of tim ber. Unallotted lands. 1187 47 Stat. 1417. Allotments held under trust. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the unexpended balance of funds on deposit in the Treasury of the United States to the credit of the Kootenai Tribe or Band of Indians of the State of Idaho that were appropriated by the Act of September 8, 1960 (74 Stat. 830), to pay a judgement by the Indian Claims Commission in docket 154, and the interest thereon, may be advanced or expended for any purpose that is authorized by the tribal governing body and by the Secretary of the Interior. Any part of such funds that may be distributed per capita to the members of the tribe shall not be subject to the Federal or State income tax. Approved, December 23, 1963. PUBLIC LAWS OF THE EIGHTY-EIGHTH CONGRESS, SECOND SESSION, 1964 PUBLIC LAW 88-293 AN ACT To authorize the Secretary of the Interior to make water available for a permanent pool for fish and wildlife and recreation purposes at Cochiti Reservoir from the San Juan-Chama unit of the Colorado River storage project. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso to subdivision (e) of the conditions applicable to the project for improvement of the Rio Grande Basin authorized by section 203 of the Flood Control Act of 1960 (Public Law 86-645; 74 Stat. 493), is hereby supplemented to authorize, for conservation and development of fish and wildlife resources and for recreation, approximately fifty thousand acre-feet of water for the initial filling of a permanent pool of one thousand two hundred surface acres in Cochiti Reservoir, and thereafter sufficent water annually to offset the evaporation from such area, to be made available by the Secretary of the Interior from water diverted into the Rio Grande Basin by the works authorized by section 8 of the Act of June 13, 1962 (Public Law 87-483, 76 Stat. 97), subject to the conditions specified in sections 8, 12, 13, 14, and 16 of said Act. An appropriate share of the costs of said works shall be reallo-cated to recreation and fish and wildlife, and said allocation, which shall not exceed $3,000,000, shall be nonreimbursable and nonreturnable. SEC. 2. Nothing contained in this Act shall be construed to increase the amount heretofore authorized to be appropriated for construction of the Colorado River storage project or any of its units. Approved, March 26, 1964. PUBLIC LAW 88-301 AN ACT To amend the Act of June 25, 1910 (36 Stat. 857; 25 U. S. C. 406, 407), with respect to the sale of Indian timber. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 7 and 8 of the Act of June 25, 1910 (36 Stat. 857; 25 U. S. C. 406, 407), are amended to read as follows: "SEC. 7. The timber on unallotted lands of any Indian reservation may be sold in accordance with the principles of sustained yield, or in order to convert the land to a more desirable use, under regulations to be prescribed by the Secretary of the Interior, and the proceeds 1 from such sales, after deductions for administrative expenses pursuant to the Act of February 14, 1920, as amended (25 U. S. C. 413), shall be used for the benefit of the Indians who are members of the tribe or tribes concerned in such manner as he may direct. "SEC. 8. (a) The timber on any Indian land held under a trust or other patent containing restrictions on alienations may be sold by the owner or owners with the consent of the Secretary of the Interior, and the proceeds from such sales, after deductions for administrative expenses to the extent permissible under the Act of February 14, 1920, as amended (25 U. S. C. 413), shall be paid to the owner or owners or disposed of for their benefit under regulations to be prescribed by the Secretary of the Interior. It is the intention of Congress that a deduction for administrative expenses may be made in any case unless the deduction would violate a treaty obligation or amount to a taking of private property for public use without just compensation in violation of the fifth amendment to the Constitution. Sales of timber under this subsection shall be based upon a consideration of the needs and best interests of the Indian owner and his heirs. The Secretary shall take into consideration, among other things, (1) the state of growth of the timber and the need for maintaining the productive capacity of the land for the benefit of the owner and his heirs, (2) the highest and best use of the land, including the advisability and practicality of devoting it to other uses for the benefit of the owner and his heirs, and (3) the present and future financial needs of the owner and his heirs. "(b) Upon the request of the owners of a majority Indian interest in land in which any undivided interest is held under a trust or other patent containing restrictions on alienations, the Secretary of the Interior is authorized to sell all undivided Indian trust or restricted interests in any part of the timber on such land. "(c) Upon the request of the owner of an undivided but unrestricted interest in land in which there are trust or restricted Indian interests, the Secretary of the Interior is authorized to include such unrestricted interest in a sale of the trust or restricted Indian interests in timber sold pursuant to this section, and to perform any functions required of him by the contract of sale for both the restricted and the unrestricted interests, including the collection and disbursement of payments for timber and the deduction from such payments of sums in lieu of administrative expenses. "(d) For the purposes of this Act, the Secretary of the Interior is authorized to represent any Indian owner (1) who is a minor, (2) who has been adjudicated non compos mentis, (3) whose ownership interest in a decedent's estate has not been determined, or (4) who cannot be located by the Secretary after a reasonable and diligent search and the giving of notice by publication. "(e) The timber on any Indian land held under a trust or other patent containing restrictions on alienations may be sold by the Secretary of the Interior without the consent of the owners when in his judgment such action is necessary to prevent loss of values resulting from fire, insects, disease, windthrow, or other natural catastrophes. "(f) A change from a trust or restricted status to an unrestricted status of any interest in timber that has been sold pursuant to this section shall not affect the obligations of the Secretary of the Interior under any contract of sale that is in effect at the time such change in status occurs." Approved, April 30, 1964. Deductions for administrative expenses. Undivided interests. Unrestricted inter ests. Representation of minors and others. Emergency sales. Change in status. PUBLIC LAW 88-302 AN ACT To fix the beneficial ownership of the Colorado River Indian Reservation located in the States of Arizona and California. April 30, 1964 [S. 2111] 78 Stat. 188 Colorado River In Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose dian Reservation. Real property. Fixing of ownership. "Tribes." "Colorado River Reservation." Tribal membership. Condition. 25 U. S. C. 70-70v. 1189 Leases. Provisos. of fixing the beneficial ownership of real property interests in the Colorado River Reservation now occupied by the Colorado River Indian Tribes, its members, and certain Indian colonists, all right, title, and interest of the United States in the unallotted lands of the Colorado River Reservation, including water rights and mineral rights therein, together with all improvements located thereon and appurtenant thereto, except improvements placed on the land by assignees or by Indian colonists, and except improvements furnished by the United States for administrative purposes (including irrigation facilities) or for the housing of Federal employees, are hereby declared to be tribal property held in trust by the United States for the use and benefit of the Colorado River Indian Tribes of the Colorado River Reservation. SEC. 2. For the purpose of this Act: (a) "Tribes" means the Colorado River Indian Tribes of the Colorado River Reservation, with a constitution adopted pursuant to the Indian Reorganization Act of June 18, 1934 (48 Stat. 984; 25 U. S. C. 461 et seq.), as said constitution now exists or may hereafter be amended, consisting of a band of the Mohave Indians, the band of Chemehuevi Indians affiliated therewith, and various Indians heretofore or hereafter adopted by the Colorado River Indian Tribes. (b) "Colorado River Reservation" means the reservation for Indian use established by the Act of March 3, 1865 (13 Stat. 559), as modified and further defined by Executive orders of November 22, 1873, November 16, 1874, May 15, 1876, and November 22, 1915, all of which area shall be deemed to constitute said reservation. SEC. 3. Any person of Indian blood, his spouse of Indian blood (excluding persons whose Indian blood is traceable solely to Indian tribes, bands, or groups not resident in or subject to the jurisdiction of the United States), and any dependent child of either or both of them, who is not a member of the tribes on the date of this Act, and who has settled on irrigated lands of the Colorado River Reservation through application for a settler's land permit and who is still holding such lands by virtue of the authority of a temporary land use permit issued by or under the authority of the tribes or the Federal Government, shall be deemed to be adopted by the tribes if within two years from the date of this Act he files with the tribal council a statement accepting membership in the tribes and renouncing membership in any other tribe, band, or group. Such statement may be filed on behalf of a dependent child by either parent or by a person standing in loco parentis. SEC. 4. This Act shall become effective upon the agreement of the tribes to abandon the claims now pending in docket numbered 185 and in docket numbered 283 A before the Indian Claims Commission under the Act of August 13, 1946 (60 Stat. 1049), and the dismissal of said claims by the Indian Claims Commission. Nothing in this Act shall affect or be taken into consideration in the adjudication of, or with respect to, any other claims now pending by the tribes against the United States. 1SEC. 5. The Act of June 11, 1960 (74 Stat. 199), as amended by the Act of September 5, 1962 (76 Stat. 428), is amended to read as follows: "The Secretary of the Interior is authorized to approve leases of lands on the Colorado River Indian Reservation, Arizona and California, for such uses and terms as are authorized by the Act of May 11, 1938 (52 Stat. 347; 25 U. S. C. 396a et seq.), and the Act of August 9, 1955 (69 Stat. 539), as amended (25 U. S. C. 415 et seq.) including the same uses and terms as are permitted thereby on the Agua Caliente (Palm Springs), Dania, Navajo, and Southern Ute Reservations: Provided, however, That the authorization herein granted to the Secretary of the Interior shall not extend to any lands lying west of the |