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AMENDMENTS

1962-Pub. L. 87-417 increased land conveyance limitation from twenty to fifty acres.

1957-Pub. L. 85-31 added last sentence to allow the former beneficial owner, if an Indian or Indian tribe, to petition for declaration of forfeiture of conveyance where grantee has failed for period of one year to observe provisions of transfer agreement and Secretary has not declared forfeiture.

§ 294. Sale of certain abandoned buildings on lands belonging to Indian tribes.

The Secretary of the Interior is authorized to sell and convey at public sale, to the highest bidder, under such regulations and under such terms and conditions as he may prescribe, at not less than the appraised value thereof, any abandoned day or boarding school plant, or any abandoned agency buildings, situated on lands belonging to any Indian tribe and not longer needed for Indian or administrative purposes, and to sell therewith not to exceed one hundred and sixty acres of land on which such plant or buildings may stand. Title to all lands disposed of under the provisions of this section shall pass to the purchaser by deed or by patent in fee, with such reservations or conditions as the said Secretary may deem just and proper, no purchaser to acquire more than one hundred and sixty acres in any one tract: Provided, That the proceeds of all such sales shall be deposited in the Treasury of the United States to the credit of the Indians to whom said lands belong, to be disposed of in accordance with existing law. (Feb. 14, 1920, ch. 75, § 1, 41 Stat. 415.)

§ 295. Supervision of expenditure of appropriations for school

purposes.

All expenditure of money appropriated for school purposes among the Indians shall be at all times under the supervision and direction of the Commissioner of Indian Affairs, and in all respects in conformity with such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money as may be from time to time prescribed by him, subject to the supervision of the Secretary of the Interior. (Apr. 30, 1908, ch. 153, 35 Stat. 72.)

CODIFICATION

Act Apr. 30, 1908 embodied restrictions as to the amount which might be expended for the annual support and education of any one pupil and specified the method for determining the number of pupils in any school entitled to the per capita allowance provided for by the act.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with certain exceptions, transferred to the Secretary of the Interior, with powers vested in him to authorize their performance or the performance of any of his functions by any of those offices, agencies, and employees, by 1950 Reorg. Plan No. 3. §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

SCHOOL AND EMPLOYMENT TRANSPORTATION

Separate appropriations for collection and transportation of pupils to and from Indian schools, etc., with a proviso that a specified part of the amount so appropriated may be used in placing Indian youths in employment in industrial pursuits were made by the following appropriation acts:

1925-Mar. 3, 1925, ch. 462, 43 Stat. 1155.

1922-May 24, 1922, ch. 199, 42 Stat. 562.

§ 296. Repealed. Mar. 2, 1929, ch. 576, 45 Stat. 1534.

Section, act Apr. 30, 1908, ch. 153, 35 Stat. 72; act June 30, 1919, ch. 4, § 1, 41 Stat. 6; act Feb. 21, 1925, ch. 280, 43 Stat. 958, placed a limitation on per capita expenditure for school purposes.

SIMILAR PROVISIONS

Provisions similar to act June 30, 1919 were contained in the following prior appropriation acts:

1918-May 25, 1918, ch. 86, § 1, 40 Stat. 565.

1916 Sept. 7, 1916, ch. 455, 39 Stat. 741.

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§ 298. Census of Indians and report of numbers of school children.

CODIFICATION

Section, act July 4, 1884, ch. 180, § 9, 23 Stat. 98, required Indian agents in their annual report to submit a census of Indians at the agency. Since 1908, there have been no Indian agents. See note to section 64 of this title.

§§ 299 to 301. Repealed. May 29, 1928, ch. 901, § 1, 45 Stat. 990, 991. Sections, requiring certain annual reports to Congress by the Secretary of the Interior, were enacted as follows:

Section 299, act Mar. 2, 1887, ch. 320, § 1, 24 Stat. 465.

Sections 300-301, act, Mar. 3, 1911, ch. 210, § 1, 36 Stat. 1060.

§ 302. Indian Reform School; rules and regulations; consent of parents to placing youth in reform school.

The Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, is authorized and directed to select and designate some one of the schools or other institution herein specifically provided for as an "Indian Reform School", and to make all needful rules and regulations for its conduct, and the placing of Indian youth therein: Provided, That the appropriation for collection and transportation, and so forth, of pupils, and the specific appropriation for such school so selected shall be available for its support and maintenance: Provided further, That the consent of parents, guardians, or next of kin shall not be required to place Indian youth in said school. (June 21, 1906, ch. 3504, 34 Stat. 328.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with certain exceptions, transferred to the Secretary of the Interior, with powers vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

§ 303. Educational loans to worthy youths.

CODIFICATION

Section, act Oct. 12, 1949, ch. 680, title I, § 101, 63 Stat. 776, was from the Department of Interior Appropriation Act, 1950, and was not repeated in the Department of Interior Appropriation Act, 1951, act Sept. 6, 1950, ch. 896, ch. VII, title I, 64 Stat. 679. Similar provisions were contained in the following prior appropriation acts:

1948-June 29, 1948, 4:58 p.m., E.D.T., ch. 754, § 1, 62 Stat. 1123. 1947-July 25, 1947, ch. 337, § 1, 61 Stat. 470.

1946-July 1, 1946, ch. 529, § 1, 60 Stat. 361.

1945-July 3, 1945, ch. 262, § 1, 59 Stat. 326.

1944-June 28, 1944, ch. 298, § 1, 58 Stat. 472. 1943-July 12, 1943, ch. 219, § 1, 57 Stat. 459. 1942-July 2, 1942, ch. 473, § 1, 56 Stat. 516. 1941-June 28, 1941, ch. 259, § 1, 55 Stat. 315. 1940-June 18, 1940, ch. 395, § 1, 54 Stat. 417. 1939-May 10, 1939, ch. 119, § 1, 53 Stat. 698. 1938-May 9, 1938, ch. 187, § 1, 52 Stat. 303.

§ 304. South Dakota Indians; State course of study.

On and after July 1, 1950, the course of study taught in any school operated and maintained by the Bureau of Indian Affairs on any Indian reservation in the State of South Dakota shall, upon a majority decision of the parents of children enrolled therein voting at a meeting called for that purpose by the superintendent of the reservation, meet the minimum education requirements prescribed by the department of public instruction for the public schools of that State. (Sept. 7, 1949, ch. 566, 63 Stat. 694.)

§ 304a. Study and investigation of Indian education in United States and Alaska; contracts; report to Congress; appropriations.

The Secretary of the Interior (hereinafter referred to as the "Secretary"), acting through the Bureau of Indian Affairs, is authorized and directed to conduct a study and investigation of Indian education in the continental United States and Alaska, including a study and investigation of (1) the education problems of Indian children from non-English speaking homes, and (2) the possibility of establishing a more orderly, equitable, and acceptable program for transferring Indian children to public schools.

The Secretary, in carrying out the provisions of this section, is authorized to enter into contracts in accordance with the provisions of sections 452 to 455 of this title.

Not later than two years after funds are made available to carry out the purposes of this section, the Secretary shall submit to the Congress a complete report of the results of such study and investigation, together with such recommendations as he deems desirable.

There are authorized to be appropriated such sums as may be necessary for carrying out the purposes of this section. (July 14, 1956, ch. 588, §§ 1-4, 70 Stat. 531.)

REFERENCES IN TEXT

Section 455 of this title, included within the references to sections 452-455 of this title, was repealed by Pub. L. 86-533, § 1 (15), June 29, 1960, 74 Stat. 248.

CODIFICATION

Section is composed of sections 1-4 of joint resolution July 14, 1956.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959 upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. § 304b. Deposits of funds of students and student activity associations in Indian schools.

The Secretary of the Interior may authorize officials or employees of the Bureau of Indian Affairs to accept and to disburse deposits of

funds of students and student activity associations in schools operated by the Bureau of Indian Affairs in accordance with the purposes of such deposits. Such deposits and disbursements shall be accounted for under rules and regulations prescribed by the Secretary of the Interior. (Pub. L. 86-16, Apr. 27, 1959, 73 Stat. 20.)

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§ 497. Reservation of tracts for schools, hospitals, etc.

The Secretary of the Interior is authorized, in his discretion, to withdraw and permanently reserve small tracts of not to exceed six hundred and forty acres each of the public domain in Alaska for schools, hospitals, and such other purposes as may be necessary in administering the affairs of the Indians, Eskimos, and Aleuts of Alaska: Provided, That such withdrawals shall be subject to any valid existing rights. (May 31, 1938, ch. 304, 52 Stat. 593.)

KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS

§ 541. Creation of individual credits; authorized purchases. The Secretary of the Interior is authorized and directed from the judgment fund of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians created as the result of the passage of the Act of June 25, 1938, and accrued interest thereon, to credit the sum of $2,000 upon the books of the Office of Indian Affairs, to each person determined by the Secretary of the Interior to be entitled to enrollment upon the annuity roll of said tribes of the Klamath Reservation, Oregon, living on August 7, 1939. The share of each adult member and not to exceed $1,500 of the share of any minor shall be available for expenditure, under such rules and regulations as the Secretary of the Interior may prescribe, for the following purposes:

Purchase of land; improvement of lands acquired or already held by the Indian; erection and improvement of suitable homes; repayment of any loans received from the United States or from the Klamath tribal funds; purchase of building material, farming equipment, livestock, feed, food, seed, grain, tools, machinery, implements, household goods, bedding, clothing, and any other equipment or supplies necessary to enable the Indians to fit themselves for or to engage in farming, livestock, industry, or such other pursuits or vocations, including education, as will enable them to become self-supporting; and health purposes: Provided, however, That the funds of the aged, infirm, decrepit, and incapacitated members, and of minors, may be used for their proper maintenance and support. The remainder of the share of each minor Indian shall be held intact until such Indian reaches his majority, when it, together with interest at the rate of 4 per

centum per annum, shall be available for expenditure for the purposes specified herein. As herein used, the term "minor" shall include all members of the tribe less than twenty-one years of age, except that minors eighteen years of age or over and who are married or have families of their own to support, shall be regarded as adults. On the death of any enrolled member, adult, or minor, the sum on deposit to his credit shall be distributed as personal property, and shall be available for expenditure by the distributees only for the purposes herein authorized: Provided, however, That of the aforesaid $2,000 to be prorated to each person, $100 shall be paid to each member of said tribes as a per capita payment, free from the aforesaid restrictions, under rules and regulations prescribed by the Secretary of the Interior. (Aug. 7, 1939, ch. 552, § 1, 53 Stat. 1252.)

REFERENCES IN TEXT

Reference in text to "Act of June 25, 1938," was probably intended to be to the Second Deficiency Appropriation Act, fiscal year 1938, act June 25, 1938, ch. 681, § 203 (a), 52 Stat. 1156. Section 203 (a) of that act provided for an appropriation for payment of judgments rendered by the court of claims and reported to the 75th Congress in Senate Document Numbered 191, and House Documents Numbered 661 and 686; House Document No. 681 listed a judgment in favor of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians in the sum of $5,313,347.32, with interest on a part thereof to date of payment, for the taking of land.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 542, 543, 544 of this title.

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§ 544. Creation of individual credits; authorized purchases. The Secretary of the Interior be, and he is, authorized and directed, from the capital reserve fund deposited in the Treasury of the United States to the credit of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians (hereinafter referred to as the "Klamath Tribes"), said fund being established pursuant to sections 530 to 535, of this title, as augmented by the proceeds of the judgment fund of the Klamath Indians as provided in sections 541 to 543 of this title, to credit the sum of $500 upon the books of the Office of Indian Affairs, to each person determined by the Secretary of the Interior to be entitled to enrollment upon the annuity roll of said tribes of the Klamath Reservation, Oregon, living upon March 29, 1948. The share of each adult member of the credit so established shall be available for expenditure under such rules and regulations as the Secretary of the Interior may prescribe, for the following purposes:

Purchase of land or interests in land; improvement of lands acquired or already held by the Indian; erection and improvement of suitable homes including household equipment and furnishings; repayment of any loans received from the United States or from the

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