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Defense Highway Act of 1941.

"Strategic network of high ways."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as used in this Act the term “strategic network of highways” means all existing or proposed highways which conform to routes designated on the diagrammatic map of principal highway traffic routes of military importance dated October 25, 1940, revised to May 15, 1941, and approved by the Secretary of War. The Federal Works Administrator is authorized to designate existing or proposed highways conforming to such approved routes and interconnections as lines of the strategic network of highways. The location of any strategic highway route between control points shown on the revised diagrammatic map of May 15, 1941, may, without regard to State lines, be changed by the Federal Works Administrator, but no such change shall increase the length of such route between the termini of such change by more than 10 per centum.

Changing locations of routes.

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Correction of critical deficiencies.

Appropriation authorized

6 F.R. 2617.

42 Stat. 217.
23 U.S. C. $21.

Proviso.

SEC. 4. STRATEGIC HIGHWAY NETWORK.—a) For carrying out projects to correct critical deficiencies in lines of the strategic network of highways and bridges, during the continuance of the emergency declared by the President on May 27, 1941, there is hereby authorized to be appropriated the sum of $25,000,000. Such sum shall be immediately apportioned among the States in accordance with the provisions of section 21 of the Federal Highway Act, as amended and supplemented, and shall be expended in accordance with the provisions of such Act, as amended and supplemented: Provided, That during the continuance of the emergency declared by the President on May 27, 1941, when funds heretofore, herein, or hereafter made available for expenditure in accordance with the provision of the Federal Highway Act, as amended and supplemented, on the system of Federal-aid highways, or on secondary or feeder roads, are expended for any project on the strategic network of highways, including all such projects under construction during the period of said emergency, the Federal share payable on account of any such project shall be increased to three-fourths of the total cost thereof, plus a percentage I of the remaining one-fourth of such cost in any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 per centum of the total area of all lands therein, equal to the percentage that the area of such lands in such State is of its total area.

Increase of Federal share in certain States.

1766

December 17, 1941

[H. R. 61581 (Public Law 353]

55 Stat. 810

Approved, November 19, 1941. (CHAPTER 591]

AN ACT
Making supplemental appropriations for the national defense for the fiscal years

ending June 30, 1942, and June 30, 1943, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, that the following
sums are appropriated, out of any money in the Treasury not other-
wise appropriated, for the national defense for the fiscal years ending
June 30, 1942, and June 30, 1943, and for other purposes, namely:

Third Supplemental National Defense Appropriation Act, 1942.

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Ante, p. 311.

BUREAU OF INDIAN AFFAIRS
Suppressing contagious diseases of livestock on Indian reservations:

Sells Agency, Ariz.

Ante, p. 314.

Ante, p. 329.

For all necessary expenses incidental to the suppression of contagious diseases among livestock of Indians under the jurisdiction of the Sells Agency, Arizona, including payment of indemnities for stock destroyed, fiscal year 1942, $100,000, to remain available until June 30, 1943.

Suppressing forest fires on Indian reservations: For an additional amount for the suppression or emergency prevention of forest fires on or threatening Indian reservations, fiscal year 1942, $80,000.

Construction and repair: For an additional amount for the construction, repair, or rehabilitation of school, agency, hospital, or other buildings and utilities, including the purchase of furniture, furnishings, and equipment, as follows:

Colville, Washington: Garage and shop building, $25,000, to remain available until completion of the project when the unobligated balance shall revert to the general fund of the Treasury.

Natives in Alaska: For an additional amount for natives in Alaska, fiscal year 1942, including the objects specified under this heading in the Interior Department Appropriation Act, 1942, $50,000, to remain available until June 30, 1943.

Medical relief in Alaska: For an additional amount for medical relief in Alaska, fiscal year 1942, including the objects specified under this heading in the Interior Department Appropriation Act, 1942, $15,000, to remain available until June 30, 1943. ITITLE IV_CLASSIFICATION ACT SALARY ADVANCEMENTS

For supplemental appropriations for the fiscal year ending June 30, 1942, on account of the enactment of the Act of August 1, 1941 (Public Law Numbered 200, Seventy-seventh Congress), amending the Classification Act of 1923, as amended, and Executive Order Numbered 8882, issued September 3, 1941, under the authority of said Act, and on account of Executive Order Numbered 8842, issued August 1, 1941, to be added to and become a part of the appropriations available during said fiscal year under the following appropriation titles, namely:

Ante, p. 323.

Ante, p. 325.

1830

Ante, p. 613.
42 Stat. 1488.
5 U.S. C. $$ 661-674.
6 F. R. 4583, 3877.

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1832

| DEPARTMENT OF THE INTERIOR

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Ante, p. 311. Ante, p. 311. Ante, p. 314. Ante, p. 314. Ante, p. 314. Ante, p. 315. Ante, p. 320. Ante, p. 322. Ante, p. 323. Ante, p. 323. Ante, p. 323. Ante, p. 325. Ante, p. 329.

I For “Salaries, Bureau of Indian Affairs, 1942"', $5,000.
For “Expenses of organizing Indian corporations, etc., 1942”, $650.
For "Administration of Indian forests, 1942", $4,710.
For “Expenses, Sale of timber (reimbursable), 1942”, $1,790.
For “Obtaining employment for Indians, 1942”, $500.
For "Agriculture and stock raising among Indians, 1942", $7,000.
For “Indian school support, 1942”, $26,525.
For "Indian boarding schools, 1942", $15,355.
For “Indian schools, Five Civilized Tribes, 1942”, $1,335.
For “Education of natives of Alaska, 1941–1943", $3,980.
For “Conservation of health among Indians, 1942”, $23,705.
For “Administration of Indian property, 1942”, $25,000.
For “Construction, etc., buildings and utilities, Indian Service”,
$1,455.

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Approved, December 17, 1941.

PRIVATE LAWS OF THE SEVENTY-SEVENTH CONGRESS, FIRST SESSION,

1941-1942.

July 9, 1941

(H. R. 4359) (Private Law 124)

55 Stat. 939

(CHAPTER 286)

AN ACT
Authorizing and directing the Secretary of the Interior to cancel patent in fee issued

to Lizzie Smith.

Lizzie Smith.

Substitution of pat. ent.

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 be, and he is hereby, authorized and directed to cancel the patent in fee numbered 1010067 issued to Lizzie Smith under date of December 15, 1927, covering her allotment of land on the Fort Peck Reservation, Montana, described as follows: West half of section 17, township 31 north; east half southwest quarter northeast quarter of section 34 and the northwest quarter northeast quarter of section 27, township 28 north, all in range 53 east, Montana meridian in Montana, containing three hundred and eighty acres, and to issue to her a trust patent in lieu thereof covering the same land to be held in trust for her sole use and benefit or, in case of her decease, for the sole use and benefit of her lawful heirs and devisees for the same period unde the same conditions as other trust patents are held on that reservation as extended by the last proclamation of the President relating to the said reservation: Provided, That any valid encumbrances now resting against any of the said land shall not in any manner be affected by the provisions of this Act, but any of such land so encumbered, if still owned by the allottee, heirs, or devisees, shall, when such encumbrances have been removed, become subject to the provisions of this Act as fully and to the same extent as if such land were now unencumbered.

Approved, July 9, 1941.

Proviso.

PUBLIC LAWS OF THE SEVENTY-SEVENTH CONGRESS, SECOND SESSION,

1942.

January 29, 1942

(H. R. 50951 (Public Law 419)

56 Stat. 21

Cheyenne-Arapaho Indians, Okla.

Lands set aside for use of.

Description.

122

(CHAPTER 24]

AN ACT
To set aside certain lands in Oklahoma for the Cheyenne-Arapaho Tribes of Indians;

and to carry out certain obligations to certain enrolled Indians under tribal
agreement.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title to the following described lands is hereby vested in the United States in trust for the Cheyenne-Arapaho Tribes of Oklahoma; and said lands shall be subject to all provisions of existing law applicable generally to Indian reservations:

In township 14 north, range 20 west of the Indian meridian; the southwest quarter and northeast quarter of section 29; southeast quarter section 30; northeast quarter of section 31; and all of section 32.

IIn township 18 north, range 13 west of the Indian meridian; the north half and southwest quarter of section 5; all of section 6; in township 19 north, range 13 west of the Indian meridian; southwest quarter of section 20, except those portions thereof situated below an elevation of one thousand six hundred and forty-two feet above mean sea level; all of section 29, except lot 3, south half southeast quarter, northwest quarter southeast quarter, and except also all those portions of lots 1, 2, 4, 5, and 6 and northeast quarter northeast quarter and west half northwest quarter and southeast quarter northwest quarter and southwest quarter situated below an elevation of one thousand six hundred and forty-two feet above mean sea level; southeast quarter and south half northeast quarter of section 30, except those portions thereof situated below an elevation of one thousand six hundred and forty-two feet above mean sea level; east half of section 31, except those portions thereof lying below an elevation of one thousand six hundred and forty-two feet above mean sea level. All of section 32 except the northeast quarter and north half southeast quarter and a strip one hundred feet wide in the south half

Recovery of taxes paid by certain Indians.

northwest quarter, being fifty feet on each side of the followingdescribed center line;

Beginning at a point on the west boundary of said section two thousand four hundred and ninety feet south of the northwest corner thereof, thence easterly parallel to the latitudinal quarter section line two thousand six hundred and forty-three feet to the meridional quarter section line, and except also that part of the north half of the northwest quarter situated below an elevation of one thousand six hundred and forty-two feet above mean sea level.

SEC. 2. That any person duly enrolled as a member of an Indian tribe who received in pursuance of a tribal treaty or agreement with the United States an allotment of land which, by the terms of said treaty or agreement was exempted from taxation, restricted against alienation, or which by the terms of any Act of Congress was continued under the supervision of the United States during the minority of such allottee, and from which land the restrictions have or have not been removed, and any such enrolled member of an Indian tribe having restricted money in the custody and control of the United States, prior to April 26, 1931, and who was required or permitted to pay any Federal income tax on such lands or on the rents, royalties, or other gains arising from such lands during such restricted or taxexempt period or on income from such restricted funds while in the custody or control of the United States, or on income from any allotment during the minority of the allottee, or any such person who has been erroneously or illegally taxed by reason of not having claimed or received the benefit of any deductions or exemptions permitted by law, and who would be entitled under this or previous Acts or rulings of the Treasury Department in similar Indian cases to a refund of the taxes so illegally or erroneously collected, but for the fact that he failed to file a claim for such refund within the time prescribed by law, shall be allowed two years after the approval of this Act within which to file such claim, and if otherwise entitled thereto he may recover such taxes in the same manner and to the same extent as if such claims for refund had been theretofore duly filed as required by law, it not being the policy of the Government to invoke or plead a statute of limitations to escape the obligations of agreement solemnly entered into with its Indian wards, or prior to April 26, 1931, to exact for its own use and benefit an income tax from them while their property continued under the supervision of the United States and/or during the minority of any such allottee: Provided, however, That in the case of the death of a member of an Indian tribe his heirs who succeeded to his allotment lof lands be permitted to file claims and recover refunds in the same manner as duly enrolled member of an Indian tribe: Provided further, That in the case of the death of any enrolled member of an Indian Tribe any such illegal taxes paid by him or on his account may in like manner be claimed and recovered by the person or persons who would have received such money had it constituted a part of his estate at the time of his death.

That all Acts and parts of Acts in conflict herewith are modified for the purpose, and only for the purpose, of carrying into effect the provisions hereof.

Approved, January 20, 1942.

Filing of claim.

Provisos.
Heirs permitted to
file claim.

1123

Other claimants.

February 10, 1942

(S. 294) (Public Law 417)

56 Stat. 86

[CHAPTER 54)

AN ACT
To authorize an appropriation for payment to the Middle Rio Grande Conservancy

District of construction costs assessed against certain lands within such district
acquired by the United States for the benefit of certain Indians in the State of
New Mexico.
Be it enacted by the Senate and House of Representatives of the

Middle Rio Grande Conservancy District, N. Mex.

Appropriation authorized for payment to.

Post, p. 716.

United States of America in Congress assembled, That there is hereby authorized to be appropriated, the sum of $22,415.43, to be expended by the Secretary of the Interior for the purpose of paying to the Middle Rio Grande Conservancy District, a corporate political subdivision of the State of New Mexico, that part of the cost of works constructed by such district which was assessed against four hundred and eighty-three and twenty-nine one-hundredths acres, more or less, of lands, in addition to the lands covered by the contract of December 14, 1928, between the district and the Secretary of the Interior, executed pursuant to the Act of March 13, 1928 (45 Stat. 312), in Sandoval County within such district as its proportionate share of the cost of construction of such works; such lands having been acquired by the United States for and on behalf of the Pueblo Indians of Cochiti, Santo Domingo, San Felipe, and Santa Ana subsequent to their assessment for construction costs but without the payment of the assessments thereon.

SEC. 2. The unexpended balance of the amount appropriated by the Act of May 10, 1939 (53 Stat. 685_701), for final payment to the Middle Rio Grande Conservancy District on account of Pueblo Indian lands benefited by the works constructed by the district is hereby made available for payment to the district to liquidate liens against three hundred and twenty and sixty-five one-hundredths acres in addition to lands covered by the contract of December 14, 1928, supra, representing unpaid construction assessments at the time the lands were purchased for the Indians.

Approved, February 10, 1942.

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[CHAPTER 56]

AN ACT
To amend the Act of June 11, 1940 (Public, Numbered 590, Seventy-sixth Congress,

third session), providing for the relief of Indians who have paid taxes on allotted
land.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of June 11, 1940 (Public, Numbered 590, Seventy-sixth Congress, ch. 315, third session), be, and the same is hereby, amended to read:

"The Secretary of the Interior is hereby authorized, under such rules and regulations as he may prescribe, to reimburse Indian allottees, or Indian heirs or Indian devisees of allottees, for all taxes paid, including penalties and interest, on so much of their allotted lands as have been patented in fee prior to the expiration of the period of trust without application by or consent of the patentee: Provided, That if the Indian allottee, or his or her Indian heirs or Indian devisees, have by their own act accepted such patent, no reimbursement shall be made for taxes paid, including penalties and interest, subsequent to acceptance of the patent: Provided further, That the fact of such acceptance shall be determined by the Secretary of the Interior.

"In any case in which a claim against a State, county, or political subdivision thereof, for taxes collected upon such lands during the trust period has been reduced to judgment and such judgment remains unsatisfied in whole or in part, the Secretary of the Interior is authorized, upon reimbursement by him to the Indian of the amount of taxes including penalties and interest paid thereon, and upon payment by the judgment debtor of the costs of the suit, to cause such judgment to be released: Provided further, That in any case, upon submission of adequate proof, the claims for taxes paid by or on behalf of the patentee or his Indian heirs or Indian devisees have been satisfied, in whole or in part, by the State, county, or political subdivision thereof, the Secretary of the Interior is authorized to

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