Restrictions. 1260 23 USC 155. 49 USC 1458. CONSTRUCTION For construction, major repair, and improvement of irrigation and power systems, buildings, utilities, and other facilities; acquisition of lands and interests in lands; preparation of lands for farming; and architectural and engineering services by contract; to remain available until expended, $17,000,000: Provided, That no part of the sum herein appropriated shall be used for the acquisition of land within the States of Arizona, California, Colorado, New Mexico, South Dakota, Utah, and Wyoming outside of the boundaries of existing Indian reservations: Provided further, That no part of this appropriation shall be used for the acquisition of land or water rights within the States of Nevada, Oregon, and Washington either inside or outside the boundaries of existing reservations. ROAD CONSTRUCTION AND MAINTENANCE (LIQUIDATION OF For liquidation of obligations incurred pursuant to authority contained in section 6 of the Federal-Aid Highway Act of 1954 (68 Stat. 73) and section 106 of the Federal-Aid Highway Act of 1956 (70 Stat. 376), $12,000,000, to remain available until expended. GENERAL ADMINISTRATIVE EXPENSES For expenses necessary for the general administration of the Bureau of Indian Affairs, including such expenses in field offices, $3,450,000. PAYMENT TO MENOMINEE TRIBE OF INDIANS For reimbursement to the Menominee Tribe of Indians of necessary expenses involved in preparing for termination of Federal supervision, in accordance with the Act of July 14, 1956 (70 Stat. 544), $300,000, to remain available until expended. ADMINISTRATIVE PROVISIONS Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans) shall be available for expenses of exhibits; purchase of not to exceed three hundred passenger motor vehicles for replacement only, which may be used for the transportation of Indians; advance payments for service (including services which may extend beyond the current fiscal year) under contracts executed pursuant to the Act of June 4, 1936 (25 U. S. C. 452), and legislation terminating Federal supervision over certain Indian tribes; purchase of ice for official use of employees; and expenses required by continuing or permanent treaty provisions. TRIBAL FUNDS In addition to the tribal funds authorized to be expended by existing law, there is hereby appropriated $2,920,000 from tribal funds not otherwise available for expenditure for the benefit of Indians and Indian tribes, including pay and travel expenses of employees; care, tuition and other assistance to Indian children attending public and private schools (which may be paid in advance or from date of admission); purchase of land and improvements on land, title to which shall be taken in the name of the United States in trust for the tribe for which purchased; lease of lands and water rights; compensation and expenses of attorneys and other persons employed by Indian tribes under approved contracts; pay, travel, and other expenses of tribal officers, councils, and committees thereof, or other tribal organizations, including mileage for use of privately owned automobiles and per diem in lieu of subsistence at rates established administratively but not to exceed those applicable to civilian employees of the Government; relief of Indians, without regard to section 7 of the Act of May 27, 1930 (46 Stat. 391), including cash grants; and employment of a recreational director for the Menominee Reservation and a curator for the Osage Museum, each of whom shall be appointed with the approval of the respective tribal councils and without regard to the classifications laws: Provided, That in addition to the amount appropriated herein, tribal funds may be advanced to Indian tribes during the current fiscal year for such purposes as may be designated by the governing body of the particular tribe involved and approved by the Secretary: Provided, however, That no part of this appropriation or other tribal funds shall be used for the acquisition of land or water rights within the States of Nevada, Oregon, Washington, and Wyoming, either inside or outside the boundaries of existing Indian reservations, if such acquisition results in the property being exempted from local taxation. TITLE II-RELATED AGENCIES * LINDIAN CLAIMS COMMISSION Salaries and expenses: For expenses necessary to carry out the purposes of the Act of August 13, 1946 (25 U. S. C. 70), creating an Indian Claims Commission, $177,700, of which not to exceed $3,600 shall be available for expenses of travel. Approved, July 1, 1957. 18 USC 4124. 1261 Restriction. 1268 1270 60 Stat. 1049. PUBLIC LAW 85-86 AN ACT To repeal section 1157 of title 18 of the United States Code, as amended. July 10, 1957 [H. R. 3836] 71 Stat. 277 67 Stat. 590. PUBLIC LAW 85-89 AN ACT To amend the Act of August 24, 1912, as amended, with reference to educational leave to employees of the Bureau of Indian Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso of the Act of August 24, 1912 (37 Stat. 519, 25 U. S. C. 275), as amended by the Act of August 24, 1922 (42 Stat. 829, 25 U. S. C. 275), and by the Act of May 8, 1928 (45 Stat. 493, 25 U. S. C. 275), is hereby amended to read: "Provided, That hereafter teachers in schools operated by the Bureau of Indian Affairs may be allowed, in addition to annual leave, educational leave not to exceed thirty workdays per calendar year, or sixty workdays in every alternate year, for attend-lance at educational gatherings, conventions, institutions, or training schools, if the interest of the Government requires, under such regulations as the Secretary of the Interior may prescribe; and no additional salary or expense on account of such leave of absence shall be incurred." Approved, July 10, 1957. July 10, 1957 [H. R. 3837] 71 Stat. 282 Indian Affairs. Teachers educational leave. 1283 71 Stat. 283 Coyote Valley Indian Rancheria. Transfer of land. 1284 Appraised value. To authorize the transfer of the Coyote Valley Indian Rancheria to the Secretary of the Army, 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 described land which was acquired by the United States pursuant to the Acts of June 21, 1906 (34 Stat. 325, 333), and April 30, 1908 (35 Stat. 70, 76), for the use of landless Indians in California, together with the improvements thereon, is hereby transferred from the Secretary of the Interior to the Secretary of the Army for use in connection with the Coyote Valley Dam of the Russian River Basin project, California: All that certain lot, piece or parcel of land, situate, lying and being in the County of Mendocino, State of California, and bounded and particularly described as follows, to wit: That portion of lot numbered 149 of the Yokayo Rancho, described as follows: Beginning at the northwest corner of lot 149 of the Yokayo Rancho, said point being in the center of channel of the East Fork of the Russian River; thence south along the west line of said lot 32.69/100 chains; thence east 28 chains; thence north and parallel with the west line of said lot 149 38.49/100 chains to the center of the county road leading from Ukiah to Lake County; thence south 56 degrees west 1.44/100 chains; thence south 86 degrees west 1.14/100 chains; thence north 83 degrees west 3.79/100 chains to a point in the center of said road; thence north, and leaving said road 2.12/100 chains to the center of the channel of the East Fort of Russian River; thence westerly through 1the center of the channel of said East Fork of Russian River to the point of beginning, lying in the northwest corner of said lot 149 of the Yokayo Rancho, containing approximately 100 acres. The appraised value of such land and improvements, which is hereby determined to be $54,000, shall be transferred from the appropriation available to the Corps of Engineers for the construction of the Coyote Valley Dam of the Russian River Basin project, California, to the Secretary of the Interior for distribution among the Indians who have assignments on the land. Such sum shall be distributed by paying to each assignee the appraised value of the land assigned to him and the appraised value of the improvements thereon. The remainder of the sum, representing the value of the unassigned portion of the land, shall be distributed equally among the assignees. The payment or distribution of the proceeds from any sale or condemnation pursuant to this Act shall not be subject to any lien, except for debts owed to the United States or to Indian organizations indebted to the United States, and shall not be taxable. SEC. 2. All reimbursable indebtedness charged by the United States against the land described above or the improvements thereon is hereby canceled. Approved, July 10, 1957. August 14, 1957 [S. 469] 71 Stat. 347 Klamath Indians. 25 USC 564 note. PUBLIC LAW 85-132 AN ACT To authorize the United States to defray the cost of assisting the Klamath Tribe of Indians to prepare for termination of Federal supervision, to defer sales of tribal property, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Act entitled "An Act to provide for the termination of Federal supervision over the property of the Klamath Tribe of Indians located in the State of Oregon and the individual members thereof, and for other purposes", approved August 13, 1954 (68 Stat. 718), is amended by adding at the end thereof the following new section: "SEC. 27. Notwithstanding any other provisions of this Act, no sales of tribal property shall be made pursuant to paragraph (3) of subsection (a) of section 5, or section 6 of this Act prior to the adjournment of the second session of the Eighty-fifth Congress." (b) Subsection (b) of section 5 of such Act is amended to read as follows: "(b) Such amounts of Klamath tribal funds as may be required for the purposes of this section shall be available for expenditure by the Secretary. In order to reimburse the tribe, in part, for expenditure of such tribal funds as the Secretary deems necessary for the purposes of carrying out the requirements of this section, there is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated, an amount equal to one-half of such expenditures from tribal funds, or the sum of $550,000, whichever is the lesser amount.". (c) Subsection (b) of section 6 of such Act is amended by striking out "four years" and inserting in lieu thereof "six years". (d) Subsection 5 (a), paragraph (2), of the Act is amended to read as follows: "(2) immediately after the appraisal of the tribal property and approval of the appraisal by the Secretary, give to each member whose name appears on the final roll of the tribe an opportunity to elect to withdraw from the tribe and have his interest in tribal property converted into money and paid to him, or to remain in the tribe and participate in the tribal management plan to be prepared pursuant to paragraph (5) of this subsection; in the case of members who are minors, persons declared incompetent by judicial proceedings, or deceased, the opportunity to make such election on their behalf shall be given to the person designated by the Secretary as the person best able to represent the interests of such member: Provided, however, That any member, or any heir or any devisee of any deceased member, for whom the Secretary has so designated a representative may (on his own behalf, through his natural guardian, or next friend) within one hundred and twenty days after receipt of written notice of such secretarial designation, contest the secretarial designation in any naturalization court for the area in which such member resides, by filing of a petition therein requesting designation of a named person other than the secretarial designee, and the burden shall thereupon devolve upon the Secretary to show cause why the memberdesignated representative should not represent the interests of such member, and the decision of such court shall be final and conclusive;". 1(e) Subsection 5 (a), paragraph (3), of the Act is amended by deleting the second proviso and by inserting in lieu thereof the following: "Provided further, That any person whose name appears on the final roll of the tribe, or a guardian on behalf of any such person who is a minor or an incompetent, shall have the right to purchase, for his or its own account but not as an agent for others, any of such property in lots as offered for sale for not less than the highest offer received by competitive bid; any individual Indian purchaser may apply toward the purchase price all or any part of the sum due him from the conversion of his interest in tribal property; and if more than one right is exercised to purchase the same property pursuant to this proviso the property shall be sold to one of such persons on the basis of competitive bids:". (f) Subsection 2 (e) of the Act is amended to read as follows: "Adult' means a person who is an adult according to the law of the place of his residence." (g) Subsection 5 (a), paragraph 5, of the Act is amended by deleting 25 USC 564g. Removal of restric tions. Guardians for mi nors, etc. 25 USC 564n. Timber. 25 USC 564-564w. August 14, 1957 [H. R. 5953] 71 Stat. 353 Elko Indian Colony, Nev. 42 U.S.C. 2001-2004. "tribe" and by inserting in lieu thereof "members who elect to remain in the tribe". (h) Subsection 8 (c) of the Act is amended by inserting after “on land owned by" the words "one or by". (i) Subsection 8 (b) of the Act is amended by deleting the language that precedes the proviso and by inserting in lieu thereof "All restrictions on the sale or encumbrance of trust or restricted interests in land, wherever located, owned by members of the tribe (including allottees, purchasers, heirs, and devisees, either adult or minor), and on trust or restricted interests in land within the Klamath Indian Reservation, regardless of ownership, are hereby removed four years after the date of this Act, and the patents or deeds under which titles are then held shall pass the titles in fee simple, subject to any valid encumbrances:". (j) Section 15 of the Act is amended by changing the period at the end thereof to a comma and by adding "without application from the member, including but not limited to the creation of a trust of such member's property with a trustee selected by the Secretary, or the purchase by the Secretary of an annuity for such member: Provided, however, That no member shall be declared to be in need of assistance in conducting his affairs unless the Secretary determines that such member does not have sufficient ability, knowledge, experience, and judgment to enable him to manage his business affairs, including the administration, use, investment, and disposition of any property turned over to such member and the income and proceeds therefrom, with such reasonable degree of prudence and wisdom as will be apt to prevent him from losing such property or the benefits thereof: Provided further, That any member determined by the Secretary to be in need of assistance in conducting his affairs may, within one hundred and twenty days after receipt of written notice of such secretarial determination, contest the secretarial determination in any naturalization court for the area in which said member resides by filing therein a petition having that purpose; the burden shall thereupon devolve upon the Secretary to show cause why such member should not conduct his own affairs, and the decision of such court shall be final and conclusive with respect to the affected member's conduct of his affairs. SEC. 2. Nothing in the Act of August 13, 1954 (68 Stat. 718), shall affect the authority to make timber sales otherwise authorized by law prior to the termination of Federal control over such timber. Approved, August 14, 1957. PUBLIC LAW 85-137 AN ACT To provide for the construction of sewer and water facilities for the Elko Indian colony, Nevada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to carry out more effectively the purposes of the Act of January 31, 1931 (46 Stat. 1046), as amended (authorizing appropriations for the installation of sanitary sewer and water systems for the Indian village of the Elko Indian colony), and his functions under the Act entitled "An Act to transfer the maintenance and operation of hospital and health facilities for Indians to the Public Health Service, and for other purposes", approved August 5, 1954 (68 Stat. 674), the Surgeon General is authorized (1) to develop plans, after consultation with the Indians concerned and in cooperation with the city of Elko, Nevada, and other appropriate Ŝtate or local public authorities, for extending the city's water and sewer lines and providing essential domestic |