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CONSTRUCTION OF INDIAN HEALTH FACILITIES For construction, major repair, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites; purchase and erection of portable buildings; purchase of trailers; and provisions of domestic and community sanitation facilities for Indians; $9,714,000, to remain available until expended.
IBUILDINGS AND FACILITIES For construction, major repair, improvement, extension, and equipment of Public Health Service facilities, not otherwise provided, including plans and specifications and acquisition of sites, $3,470,000, to remain available until expended: Provided, That the balances of appropriations heretofore made available for construction, major repair, improvements, extension, or equipment of any Public Health 1 Service facilities (except construction of Indian health facilities) and remaining unexpended on June 30, 1960, shall be merged with this appropriation.
September 8, 1960
(H. R. 13161]
74 Stat. 521
Approved, September 2, 1960.
Second Supplemental Appropriation Act, 1961.
CONSTRUCTION AND EQUIPMENT For the purpose of obtaining a suitable site for construction of a Coast and Geodetic Survey Seismological Laboratory, the Secretary of Commerce is authorized, on behalf of the United States, to lease from the Isleta Indian Tribe, and the Isleta Indian Tribe, with the approval of the Secretary of the Interior, is authorized to lease to the Secretary of Commerce, for a minimum term of 25 years with provisions for renewal, approximately seven hundred and fifty acres, more or less, of tribal land on the Isleta Indian Reservation; such land being situated in sections 5, 6, 7, and 8, township 8 north, range 5 east, New Mexico principal meridian, county of Bernalillo, State of New Mexico. Any lease entered into hereunder shall provide for an annual rental not in excess of $1,200, and shall prescribe the terms and conditions under which the tribe may jointly use that portion of the leased area not specifically needed for the Laboratory.
IBUREAU OF INDIAN AFFAIRS
CONSTRUCTION For an additional amount for "Construction", $2,050,000, to remain available until expended, of which $250,000 shall be available for payment to the Parshall, North Dakota Special School District Numbered 3 for the construction of school facilities which shall be available to Indian children.
60 Stat. 1051.
LEGAL ACTIVITIES AND GENERAL ADMINISTRATION Section 20(b) of the Indian Claims Commission Act of August 13, 1946 (25 U. S. C. 70s), is hereby amended by adding at the end of the second sentence thereof a new sentence as follows:
"In similar manner and with like effect either party may appeal to the Court of Claims from any interlocutory determination by the Commission establishing the liability of the United States notwithstanding such determination is not for any reason whatever final as to the amount of recovery; and any such interlocutory appeal shall be taken on or before January 1, 1961, or three months from such interlocutory determination, whichever is later: Provided, That the failure of either party to appeal from any such interlocutory determination shall not constitute a waiver of its right to challenge such interlocutory determination in any appeal from any final determination subsequently made in the case.'
Approved, September 8, 1960.
PUBLIC LAW 86-733
September 8, 1960
Menominee Termination Act, amendment.
Federal supervision. extension of termina. tion date.
To amend the Menominee Termination Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7 of the Act of June 17, 1954 (68 Stat. 250), as amended (25 U. S. C. 891), is further amended by changing the sixth and seventh sentences to read as follows:
"If the Menominee Tribe and the Secretary cannot agree upon a plan within the aforementioned six-month period, or if they agree upon a plan within such period and the tribal corporation and voting trust contemplated by the plan are not established prior to March 1, 1961, the Secretary shall transfer the tribal property to a trustee of his choice for the management or disposition for the benefit of the Menominee Tribe. The responsibility of the United States to furnish all such supervision and services to the tribe and to the members thereof, because of their status as Indians, shall cease on April 30, 1961, or on such earlier date as may be agreed upon by the tribe and the Secretary.'
SEC. 2. The first sentence and proviso of section 8 of said Act of June 17, 1954, as amended, are hereby amended to read as follows:
"On or before April 30, 1961, the Secretary is authorized to transfer to the tribal corporation or to a trustee of the Secretary's choice, as provided in section 7 of this Act, the title to all property, real and personal, held in trust by the United States for the tribe. The Secretary is hereby directed to begin immediate negotations with a private trustee of his choice to perfect a trust agreement so that if by March 1, 1961, the tribal corporation is not functioning, the Secretary will be prepared to transfer title to such property to said trustee as
72 Stat. 291.
Transfer of property. 469
68 Stat. 252.
Tax exemptions, conditions.
soon after March 1, 1961, as possible, but in no event later than April 30, 1961."
SEC. 3. Section 9 of said Act of June 17, 1954, as amended, is further amended as follows:
"SEC. 9. No distribution, conveyance, or transfer of title to assets and no issuance or distribution of securities pursuant to the plan approved by the
Secretary under the provisions of this Act shall be subject to any Federal or State transfer, issuance, or income tax: Provided, That nothing contained in this Act shall exempt the recipient of any cash distribution made hereunder from payment of income tax for the year in which the distribution is made on that portion of his share thereof which consists of interest on funds deposited in the Treasury of the United States pursuant to the Supplemental Appropriations Act, 1952 (65 Stat. 736, 754). Following any distribution, conveyance, transfer, or issuance as aforesaid, the assets and securities which are held by, and any income derived therefrom which is received by or payable to, any person, or any corporation or organization as provided in section 8 of this Act, shall be subject to the same taxes, State and Federal, as in the case of non-Indians, except that the basis of any valuation for purposes of Federal income tax on gains or losses shall be the value of the property on the date title is transferred by the United States pursuant to section 8 of this Act.”
SEC. 4. The Act of June 17, 1954, as amended, is further amended by adding at the end thereof a new section 14 as follows:
1“SEC. 14. Notwithstanding any other provision of this Act, the Secretary of the Interior is authorized to contract with the Wisconsin Department of Public Instruction, prior to the date for terminating Federal responsibilities, for the completion of a vocational or undergraduate college program of any member of the Menominee tribe who has been accepted for such program prior to the termination date."
Approved, September 8, 1960.
Vocational program. 68 Stat. 250.
September 13, 1960
(H. R. 7990) 74 Stat. 903
Potawatomi Indians of Oklahoma
To provide for the conveyance of certain land of the United States to the Citizen
Band of Potawatomi Indians of Oklahoma. 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 authorized and directed to convey to the Citizen Band of Potawatomi Indians of Oklahoma, all right, title, and interest of the United States in and to approximately 57.99 acres of land more particularly described in section 2 of this Act, subject to the right of the Absentee Shawnee of Oklahoma, Sac and Fox of Oklahoma, Kickapoo of Oklahoma, and Iowa Tribe of Oklahoma to use the Potawatomi community house that may be constructed and maintained thereon. The title of the tribe thereto shall be subject to no exemption from taxation or restriction on use, management or disposition because of Indian ownership.
SEC. 2. The property referred to in the first section of this Act is more particularly described as follows: Lot 1 (northwest quarter of northwest quarter) and north half of lot 2 (north half of southwest quarter of northwest quarter) and the part of the north half of the southeast quarter of the northwest quarter laying west of the east right-of-way line of Oklahoma State Highway Numbered 18, all in section 31, township 10 north, range 4 east of the Indian meridian, in Potawatomie County, Oklahoma, and containing 57.99 acres more or less.
SEC. 3. 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
Claim against U.S.
by this Act should or should not be set off against any claim against the United States determined by the Commission.
Approved, September 13, 1960.
PUBLIC LAW 86–784
September 14, 1960
(H. R. 10586) 74 Stat. 1022
Oregon Short Line Railroad Co.
To enable the Oregon Short Line Railroad Company to convey title to certain lands
in Idaho to the Pocatello First Corporation of the Church of Jesus Christ of Latterday Saints.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding any provisions of the Act of September 1, 1888 (25 Stat. 452 and the following), relating to the ratification of an agreement between the United States and the Shoshone and Bannock Indians, or any other provision of law, no forfeiture or reversion to the United States or to any tribe or tribes of Indians shall take place by reason of any conveyance, quitclaim, or otherwise, by the Oregon Short Line Railroad Company and/or the Union Pacific Railroad Company (corporations of the State of Utah), to the Pocatello First Corporation of the Church of Jesus Christ of Latter-day Saints (a corporation sole of the State of Idaho) of any or all right, title, or interests which such companies, or either of them, has or would have in and to the following described real property lying in Bannock County, State of Idaho:
An irregular tract of land situate in the northeast quarter of southwest quarter of section 35, township 6 south, range 34 east of the Boise meridian in the city of Pocatello, Bannock County, Idaho, bounded and described as follows:
Beginning at the northwest corner of said northeast quarter of southwest quarter of section 35; thence east along the east and west centerline of said section 35, a distance of 465.8 feet, more or less, to the southwesterly line of Grant Avenue in the city of Pocatello; thence southeasterly along the southeasterly extension of said southwesterly line of Grant Avenue, a distance of 643.5 feet; thence southwesterly, at right angles, a distance of 228.2 feet; thence west along a straight line parallel with said east and west centerline of section 35, a distance of 563.5 feet, more or less, to a point in the southeasterly extension of the northeasterly line of Lincoln Avenue; thence northwesterly along said extension of northeasterly line of Lincoln Avenue a distance of 229.0 feet, more or less, to a point in the west line of said northeast quarter of southwest quarter of section 35; thence north along the west line of said northeast quarter of southwest quarter a distance of 463.0 feet, more or less, to the point of beginning.
Containing an area of 10.0 acres, more or less.
SEC. 2. Said railroad companies are hereby authorized to quitclaim jointly or separately any or all interest they, or each of them, have in and to the above described property to said church, reserving, however, to themselves, their successors and assigns, an easement for any and all existing pipelines and pipeline right-of-way over, under, and across the premises hereinbefore described, and also reserving to said railroad companies the right to operate and maintain the same, and the rights of forfeiture or reversion of all lands granted in said Act passed and approved September 1, 1888, are in all respects, insofar as they pertain to the lands above described, including the easements and rights reserved, hereby revoked and held for naught.
SEC. 3. Upon said railroad companies, or either of them, conveying by quitclaim deed, or otherwise, to such Pocatello First Corporation of the Church of Jesus Christ of Latter-day Saints pursuant to sections 1 and 2 of this Act, the lands described in section 1, the United States hereby waives, relinquishes, and quitclaims to said railroads, or either
September 14, 1960
(HR. 8161 74 Stat. 1029
of them, all right, title, or interest which the United States Imay have in or to the easements and rights reserved by said railroad companies, or either of them, and waives, relinquishes, and quitclaims to said church all right, title, or interest which the United States may have in and to such lands, subject to the aforementioned reservations in favor of said railroads.
SEC. 4. The provisions of this Act shall be effective only upon payment to the United States within one year from the date of this Act of the present fair market value of the lands described in section 1 hereof except such part of said value as is attributable to improvements on said lands which were not placed thereon by the United States determined by the Secretary of the Interior.
Approved, September 14, 1960.
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, September 14, 1960.
Cheyenne and Arapaho Indians.
25 U.S. C. 70a.
PUBLIC LAWS OF THE EIGHTY-SEVENTH CONGRESS, FIRST SESSION, 1961
March 31, 1961
(H. R. 5188)
75 Stat. 20
PUBLIC LAW 87-14
Third Supplemental Appropriation Act. 1961.