Appropriations for Sectarian Schools

Act of June 7, 1897-Appropriations for the Indian Service

This act contains provisions for appropriations for the operations of the Bureau of Indian Affairs including support of schools. Its significance is drawn from the policy statement contained therein that no appropriations would be made in the future for the education of Indians at sectarian schools (with certain exceptions).

[A similar measure was passed (Public Law 64-369) on March 2, 1917 which contained a policy statement that no further appropriations would be made to sectarian schools. Public Law 64-369 was amended on March 30, 1968 by Public Law 90-280 to allow Federal support for the education of Indian students in sectarian institutions of higher education.]

The text of the pertinent segments of the two original laws and the amendment are as follows:

30 Stat. 79 (Act of June 7, 1897)

And is is hereby declared to be the settled policy of the Government to hereafter make no appropriation whatever for education in any sectarian school: Provided, That the Secretary of the Interior may make contracts with contract schools apportioning as near as may be the amount so contracted for among schools of various denominations for the education of Indian pupils during the fiscal year eighteen hundred and ninety-eight, but shall only make such contracts at places where non-sectarian schools can not be provided for such Indian children and to an amount not exceeding forty per centum of the amount so used for the fiscal year eighteen hundred and ninety-five: Provided further, That the foregoing shall not apply to public schools of any State, Territory, county, or city, or to schools herein or hereafter specifically provided for.

P.L. 64-369 (Act of March 2, 1917)

SEC. 21.

And it is hereby declared to be the settled policy of the Government to hereafter make no appropriation whatever out of the Treasury of the United States for education of Indian children in any sectarian school.

P.L. 90-280 (Act of March 30, 1968)

Relating to Federal support of education of Indian students in institutions of higher education.

Be is enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following provision of section 21, Act of March 2, 1917 (39 Stat. 969, 988; 25 U.S.C. 278), is repealed: "And it is hereby declared to be the settled policy of the Government to hereafter make no appropriation whatever out of the Treasury of the United States for education of Indian children in any sectarian school."

SEC. 2. Funds hereafter appropriated to the Secretary of the Interior for the education of Indian children shall not be used for the education of such children in elementary and secondary education programs in sectarian schools. This prohibition shall not apply to the education of Indians in accredited institutions of higher education and in other accredited schools offering vocational and technical training, but no scholarship aid provided for an Indian student shall require him to attend an institution or school that is not of his own free choice, and such aid shall be, to the extent consistent with sound administration, extended to the student individually rather than to the institution or school.

Approved March 30, 1968.

Limitation of Support for Children of Less Than One-Fourth Indian Blood

Public Law 65-159-Act of May 25, 1918-Appropriations for the Indian Service

This act contains appropriations for the operation of the Bureau of Indian Affairs including support of Indian schools. It has importance for the development in Indian education because it provides that no funds may be used for support of the education of children who are less than one-fourth Indian blood.

The following is the pertinent segment of the act:

*** Provided further, That hereafter no appropriation, except appropriations made pursuant to treaties, shall be used to educate children of less than one-fourth Indian blood whose parents are citizens of the United States and of the State wherein they live and where there are adequate free school facilities provided

(2)

Basis for Federal Support for Indian Education

P.L. 67-86-The Snyder Act of 1921-November 2, 1921

This act authorizes the Bureau of Indian Affairs, under the supervision of the Secretary of the Interior to direct, supervise and expand such funds as appropriated by Congress for the benefit, care and assistance of Indians in the United States for a broad range of purposes including land management, welfare and education.

[This Act provides the statutory base for a majority of the programs carried out currently by the Bureau of Indian Affairs, Branch of Education.]

The original text of the statute is as follows:

Chapter 115.-An Act Authorizing appropriations and expenditures for the administration on Indian affairs 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 Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States for the following purposes:

General support and civilization, including education.

For relief of distress and conservation of health.

For industrial assistance and advancement and general administration of Indian property.

For extension, improvement, operation, and maintenance of existing Indian irrigation systems and for development of water supplies.

For the enlargement, extension, improvement, and repair of the buildings and grounds of existing plants and projects.

For the employment of inspectors, supervisors, superintendents, clerks, field matrons, farmers, physicians, Indian police, Indian judges, and other employees. For the suppression of traffic in intoxicating liquor and deleterious drugs. For the purchase of horse-drawn and motor-propelled passenger-carrying vehicles for official use.

And for general and incendental expenses in connection with the administration of Indian affairs.

Approved, November 2, 1921.

(3)

Citizenship

P.L. 68-233-Citizenship Act-June 2, 1924

This act authorized the Secretary of the Interior to issue certificates of citizenship to Indians thereby making Indians citizens of the United States and the States in which they reside.

[The effects of this act with respect to Indian education involved the responsibility of States for education of Indians. As citizens, Indians are entitled to receive a public eduction as are other residents of a State. Problems were involved, however, due to the tax-exempt status of Indian land and the tax resources available to a State.] The following is the text of the Citizenship Act:

An Act To authorize the Secretary of the Interior to issue certificates of citizenship to Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all non-citizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian in tribal or other property.