« ForrigeFortsett »
Legal services, etc.
any such assignment, sale, hypothecation, attachment, or levy that has not been so approved by the Secretary shall be absolutely null and void.
(b) No equalization allotment made pursuant to this Act, and no basic allotment made prior to this Act, shall be subject to an equitable charging lien or other charge or lien or enforced sale for any advantage or benefit which the allottee has received or will receive under or as a consequence of enactment of this Act, nor shall any lis pendens heretofore or hereafter filed upon such lands while in a restricted status be of any effect or constitute notice of any action. Whoever directly or indirectly accepts or receives any money or other form of compensation for legal services in connection with such restricted lands from any person who has not expressly employed him as his attorney shall be liable, in a civil action brought by the payor or his heirs or devisees or by the United States on his behalf, for twice the amount so accepted or received unless, prior to the time of acceptance or receipt of said compensation, the right to such compensation has been determined and the amount thereof fixed by a formal order of the Federal court having jurisdiction to make such order. Nothing herein provided shall be construed to prevent any attorney from petitioning the Federal court having jurisdiction to fix and determine the fees to which he is entitled and to pursue and enforce payment thereof in any lawful manner after the court has made such order.
I SEC. 7. Allotments in accordance with the provisions of this Act shall be deemed complete and full equalization of allotments on the Agua Caliente Reservation.
SEC. 8. The band may, at any time it wishes to do so, organize a legal entity under the laws of the State of California and request the Secretary to transfer to such legal entity title to the lands in the reserves established by subsection 3(b) of this Act. The Secretary shall transfer an unrestricted title to such property if the organization of the legal entity and request for the transfer have been approved by a majority of the adult members of the band who are eligible to vote, and if in the judgment of the Secretary the legal entity is organized in a form and manner that is fair to all members of the band: Provided, however, That if the lands to which the proviso to the fourth item in subsection 3(b) of this Act is applicable are transferred to such an entity, they shall be held by it subject to the terms provided in said proviso, and the rights and duties therein set forth shall be preserved and reflected in any distribution of securities of, or other evidences of participation in, said entity.
Approved, September 21, 1959.
Legal entity, organization.
PUBLIC LAW 86-341
September 21, 1959
(H. R. 8609) 73 Stat. 606
To extend the Agricultural Trade Development and Assistance Act of 1954, and for
other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I-AMENDMENTS TO THE AGRICULTURAL TRADE
DEVELOPMENT AND ASSISTANCE ACT OF 1954
68 Stat. 454.
I SEC. 11. Title III of such Act is amended by adding at the end thereof the following new section:
"SEC. 306. (a) In order to promote the general welfare, raise the levels of health and of nourishment for persons whose incomes prevent them from enjoying adequate diets, and dispose in a beneficial manner of food commodities acquired by the Commodity Credit Corpo
68 Stat. 458.
7 U. S. C. 1427, 1431, 1692-1694. Food stamp system.
49 Stat. 774.
ration or the Department of Agriculture in carrying out price support
"(1) distribute surplus food made available by the Secretary for distribution under this program only when requested to do so by a State or political subdivision thereof;
“(2) issue, or cause to be issued, pursuant to subsection (c), food stamps redeemable by eligible needy persons for such types and quantities of surplus food as the Secretary shall determine;
"(3) distribute surplus food in commercially packaged form, preferably through normal channels of trade;
“(4) establish standards under which, pursuant to subsection (c), the welfare authorities of any State or political subdivision thereof may participate in the food stamp plan for the distribution of surplus foods to the needy;
“(5) consult the Secretary of Health, Education, and Welfare, and the Secretary of Labor, in establishing standards for eligibility for surplus foods and in the conduct of the program generally to assure achievement of the goals outlined in subsection (a) of this section; and
“(6) make such other rules and regulations as he may deem necessary to carry out the purpose of this section. "(c) The Secretary shall issue, to each welfare department or equivalent agency of a State or political subdivision requesting the distribution of surplus food under subsection (b) (1), food stamps for each kind of surplus food to be distributed, in amounts based on the total amount of surplus food to be distributed and on the total number of needy persons in the various States and political subdivisions eligible to receive such food. The food stamps shall be issued by each such welfare department or equivalent agency to needy persons receiving welfare assistance, or in need of welfare assistance but ineligible because of State or local law, and shall be redeemable by such needy persons at local distribution points to be determined by the Secretary under subsection (b) (3).
"(d) Receipt by any person of benefits under this section shall not be deemed to be income or resources under the provisions of the Social Security Act or any other Federal legislation pertaining to the security of the aged, blind, disabled, dependent children, unem-Iployed, or other similar groups. Any State or local subdivision thereof which decreases the cash or other assistance extended to any person or group as a consequence of the assistance made available under this section shall be ineligible for further participation under this section.
“(e) Surplus foods to be distributed under this section shall be limited to surplus foods acquired under the Agricultural Act of 1949 or diverted from the normal channels of trade under Section 32 of Public Law 320, 74th Congress.
"(f) For the purposes of this section, a needy person is anyone receiving welfare assistance (financial or otherwise) from the welfare department or equivalent agency of any State or political subdivision
Report to Congress.
thereof, or who is, in the opinion of such agency or agencies, in need of welfare assistance but is ineligible to receive it because of State or local law.
“(g) The Secretary of Agriculture, in consultation with the Secretary of Health, Education, and Welfare and the Secretary of Labor, shall make a study of, and shall report to Congress within six months after the date of enactment of this section, on the feasibility of, the costs of, and the problems involved in, extending the scope of the food stamp plan established by this section to include persons receiving unemployment compensation, receiving old-age and survivors insurance (social security) pensions, and other low-income groups not eligible to receive food stamps under this section.
"(h) There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the purposes of this section.”
Approved, September 21, 1959.
PUBLIC LAW 86-342
ments in the Federal-aid highway program, and for other purposes.
September 21, 1959
(H. R. 8678) 73 Stat. 611
TITLE I-FEDERAL-AID HIGHWAY PROGRAM
SEC. 101. SHORT TITLE.
This Act may be cited as the “Federal-Aid Highway Act of 1959”.
Federal-Aid Highway Act of 1959.
SEC. 107. EMERGENCY RELIEF.
72 Stat. 901.
(a) That section 125 of title 23, United States Code, is amended to read as follows: “$ 125. EMERGENCY RELIEF
“(a) An emergency fund is authorized for expenditure by the Secretary, subject to the provisions of this section and section 120, for the repair or reconstruction of highways, roads, and trails which he shall find have suffered serious damage as the result of disaster over a wide area, such as floods, hurricanes, tidal waves, earthquakes, severe storms, landslides, or other catastrophes in any part of the United States. The appropriation of such moneys, not to exceed $30,000,000, as may be necessary for the initial establishment of this fund and for its replenishment on an annual basis is authorized. Pending such appropriation or replenishment the Secretary may expend from any funds heretofore or hereafter appropriated for expenditure in accordance with the provisions of this title, including existing Federal-aid appropriations, such sums as may be necessary for the immediate prosecution of the work herein authorized, such appropriations to be reimbursed from the appropriations herein authorized when made.
1“(b) The Secretary may expend funds from the emergency fund herein authorized for the repair or reconstruction of highways on the Federal-aid highway systems, including the Interstate System, in accordance with the provisions of this chapter. Except as to highways, roads, and trails mentioned in subsection (c) of this section, no funds shall be so expended unless the Secretary has received an application therefor from the State highway department, and unless an emer
72 Stat. 899.
gency has been declared by the Governor of the State and concurred in by the Secretary.
"(c) The Secretary may expend funds from the emergency fund herein authorized, either independently or in cooperation with any other branch of the Government, State agency, organization, or person, for the repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, and Indian reservation roads, whether or not such highways, roads, or trails are on any of the Federal-aid highway systems."
(b) Subsection (f) of section 120 of title 23, United States Code, is amended to read as follows:
"(f) The Federal share payable on account of any repair or reconstruction provided for by funds made available under section 125 of this title_shall not exceed 50 per centum of the cost thereof, except that the Federal share payable on account of any repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, and Indian reservation roads may amount to 100 per centum of the cost thereof, whether or not such highways, roads, or trails are on any Federal-aid highway system. Any project agreement for which the final voucher has not been approved by the Secretary on or before the date of this Act may be modified to provide for the Federal share authorized herein."
Approved, September 21, 1959.
PUBLIC LAW 86–383 September 28, 1959
AN ACT (H. R. 8385) 73 Stat. 717 Making appropriations for Mutual Security and related agencies for the fiscal year
ending June 30, 1960, and for other purposes.
Be it enacted by the Senate and House of Representatives of the Mutual Security Ap- United States of America in Congress assembled, That the following propriation Act, 1960.
sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1960, namely:
CONSTRUCTION OF INDIAN HEALTH FACILITIES For an additional amount for "Construction of Indian health facilities”, including the purposes of Public Law 86-121, approved July 31, 1959, $200,000.
Ante, p. 267.
For an additional amount for necessary expenses incident to the distribution of funds belonging to members of the Creek Nation of Indians, in accordance with the Act of August 1, 1955 (69 Stat. 431), as amended, $100,000, to remain available until expended.
25 U. S. C. 781-785.
Approved, September 28, 1959.
PUBLIC LAWS OF THE EIGHTY-SIXTH CONGRESS, SECOND SESSION, 1960
PUBLIC LAW 86-386
To donate to the Nez Perce Tribe of Idaho approximately 11.25 acres of Federal land
in Idaho County, Idaho. 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 following-described land and improvements thereon, formerly known as the Kamiah Day School Reserve, is hereby declared to be held by the United States of America in trust the Nez Perce Tribe: South half east half n half, east half south half, east half west half south half of lot 11, section 7, township 33 north, range 4 east, Boise meridian, in Idaho County, Idaho, containing 11.25 acres.
Approved, February 20, 1960.
PUBLIC LAW 86-392
March 18, 1960
74 Stat. 5
White Mountain Apache Tribe, Ariz.
To declare that the United States holds title to certain land in trust for the White
Mountain Apache Tribe, Arizona. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all right, title, and interest of the United States in and to the lands, together with the improvements thereon, included in the former Fort Apache Military Reservation, created by Executive order of February 1, 1877, and subsequently set aside by the Act of January 24, 1923 (42 Stat. 1187), as a site for the Theodore Roosevelt School, located within the boundaries of the Fort Apache Indian Reservation, Arizona, are hereby declared to be held by the United States in trust for the White Mountain Apache Tribe, subject to the right of the Secretary of the Interior to use any part of the land and improvements for administrative or school purposes for as long as they are needed for that purpose.
Approved, March 18, 1960.
25 U. S. C. 277.
April 4, 1960
(H. R. 24) 74 Stat. 12
McDermitt, Paiute and Shoshone Indians.
PUBLIC LAW 864401
Nevada shall be held in trust for members of the Fort McDermitt Paiute and
Be it enacted by the Senate and House of Representatives of the
I SEC. 2. The real property referred to in the first section of this Act is more particularly described as the south half northeast quarter and north half southeast quarter section 7, township 47 north, range 39 east, Mount Diablo base and meridian, Nevada, containing 160 acres more or less.
SEC. 3. This Act shall become effective upon agreement by the Fort McDermitt Paiute and Shoshone Tribe of Indians to eliminate from their suit now pending before the Indian Claims Commission under the Act of August 13, 1946 (60 Stat. 1049), any claim based on alleged inadequate compensation for the lands involved in this Act and to
25 U. S. C. 70–70v.