1207 1667 PART IV EXECUTIVE AND DEPARTMENTAL ORDERS VOLUME 1-1936 ORDER REVOKING THE ORDER OF SEPTEMBER 20, 1919, AND ALL SUBSEQUENT ORDERS OPENING UNALLOTTED INDIAN LANDS TO EXPLORATION, LOCATION, AND LEASE FOR MINING PURPOSES. Mar. 25, 1936. The order of September 20, 1919, and all subsequent orders opening unallotted Indian lands to exploration, location, and lease for the mining of metalliferous and nonmetalliferous minerals other than oil and gas, pursuant to the provisions of section 26 of the act of June 30, 1919 (41 Stat. 31), as amended by the acts of March 3, 1921 (41 Stat. 1231), and December 16, 1926 (44 Stat. 922-923), are hereby revoked, and the lands so opened are hereby withdrawn and closed to exploration, location, and leasing under the said acts until further orders. Where valid locations have already been made, however, they may be followed by application for lease under the regulations heretofore prescribed by the Department for the granting of such leases; and existing leases in good standing now shall not be disturbed hereby. HAROLD L. ICKES, Secretary of the Interior. ORDER OF RESTORATION Pine Ridge Reservation, South Dakota Whereas, under authority contained in the Act of Congress approved May 27, 1910 (36 Stat. 440), providing for the classification and disposition of surplus unallotted lands in Bennett County, in the Pine Ridge Reservation, State of South Dakota, certain classes of said surplus lands were opened to settlement and entry under the general provisions of the homestead laws and of the said Act of Congress, by Presidential proclamation of June 29, 1911 (37 Stat. 1691), and Whereas, there are now remaining undisposed of on the opened portion of the Pine Ridge Reservation a number of tracts of said surplus lands which, while of little value for the original purpose of settlement and entry, upon thorough investigation have been found to be valuable to the Indians of the said reservation, and 1397 Whereas, by relinquishment and cancellation of homestead entries a small additional area of similar lands may be included within the class of undisposed of surplus lands, and Whereas, the Tribal Council, the Superintendent of the Pine Ridge Reservation, and the Commissioner of Indian Affairs have recommended restoration to tribal ownership of all such undisposed-of lands in the said reservation, Now, therefore, by virtue of the authority vested in the Secretary of the Interior by Sections 3 and 7 of the Act of June 18, 1934 (48 Stat. 984), I hereby find that restoration to tribal ownership of all lands which are now, or may hereafter be, classified as undisposed-of surplus opened lands of the Pine Ridge Reservation, will be in the public interest, and the said lands are hereby restored to tribal ownership for the use and benefit of the Oglala Sioux Tribe of the Pine Ridge Reservation of South Dakota, and are added to and made a part of the existing reservation, subject to any valid existing rights. June 10, 1936 HAROLD L. ICKES, Secretary of the Interior. ORDER OPENING UNALLOTTED May 2, 1936. Section 26 of the act of June 30, 1919 (41 Stat. 31), amended December 16, 1926 (44 Stat. 922-923), authorizes the location of mining claims by citizens of the United States on unallotted lands of Indian reservations after such lands shall have been declared by the Secretary of the Interior to be subject to exploration for the discovery of gold, silver, copper, and other valuable metalliferous minerals, and nonmetalliferous minerals, not including oil and gas. Should minerals be found, locators have the privilege within one year of entering into a lease covering the land located. In accordance therewith I hereby declare the following described unallotted Indian land on the Hoopa Valley Indian Reservation, California, subject to exploration, and, with the exception of such land therein as may contain springs, water holes, or other bodies of water, subject to location and lease; HOOPA VALLEY INDIAN RESERVATION OSCAR L. CHAPMAN, 1405 1666 1667 EXECUTIVE ORDER Amendment of Executive Order of January 17, 1873, Relating to the Holding of State or Local Offices by Federal Officers and Employees By virtue of and pursuant to the authority vested in me by section 1753 of the Revised Statutes of the United States (U.S.C., Title 5, sec. 631), and as President of the United States, the Executive Order of January 17, 1873, as amended, prohibiting, with certain exceptions, Federal officers and employees from holding state, municipal, or other local offices, is hereby further amended so as to permit officers and employees of the Indian Service, Department of the Interior, serving in a medical or sanitary capacity, either on a part-time or full-time basis to hold, with the consent of the Secretary of the Interior, state, county, or municipal positions of a similar character: Provided, that such services shall not in any manner interfere or conflict with the performance of their duties as officers or employees of the Indian Service: And Provided further, That there shall be no additional compensation when the Federal officer or employee is carried on a full-time basis. This order supersedes Executive Order No. 5188 of September 10, 1929. FRANKLIN D ROOSEVELT THE WHITE HOUSE, May 13, 1936 [No. 7369] ORDER OF RESTORATION Flathead Reservation, Montana April 21, 1936. Whereas, by Order of the Department of the Interior of February 28, 1910, as amended April 19, 1910, issued pursuant to authority contained in the Act of Congress approved June 21, 1906 (34 Stat. L., 354), the townsite of Blue Bay, among others, was established within the Flathead Indian Reservation, Montana, and Whereas, there has never been a demand for town lots in the area reserved for the said townsite, and it has never been surveyed into lots and blocks and offered for sale, and it has long been apparent that there is actually no need for, or any advantage in retaining the said townsite, and Whereas, the Tribal Council, the Superintendent of the Flathead Agency, and the Commissioner of Indian Affairs have recommended restoration to tribal ownership of the lands reserved for the townsite above named, Now, therefore, by virtue of the authority vested in the Secretary of the Interior by Sections 3 and 7 of the Act of June 18, 1934 (48 Stat. L., 984), I hereby find that restoration to tribal ownership of the lands originally reserved and set aside for the townsite of Blue Bay, on the Flathead Indian Reservation, Montana, will be in the public interest, and the said lands are hereby restored to tribal ownership for the use and benefit of the Confederated Salish and Kootenai Tribes of the Flat 1885 1886 11226 11503 head Indian Reservation, and are added to and made a part of the existing reservation, subject to any valid existing rights. HAROLD L. ICKES, Secretary of the Interior. EXECUTIVE ORDER Amendment of Subdivision I, Schedule B, Civil Service Rules By virtue of and pursuant to the authority vested in me by the provisions of paragraph Eighth of subdivision SECOND of section 2 of the Civil Service Act of January 16, 1883 (22 Stat. 403, 404), it is ordered that Subdivision I of Schedule B of the Civil Service Rules be, and it is hereby, amended by eliminating paragraph 2 thereof, and changing paragraph 1 thereof to read as follows: 1. Positions in the Bureau of Indian Affairs in Washington, D.C., and in the field, not now excepted from examination under Schedule A, where the applicants are of one-fourth or more Indian blood. FRANKLIN D ROOSEVELT THE WHITE HOUSE, July 26, 1936. [No. 7423] PROCLAMATION Flandreau Indian Reservation, South Da kota August 17, 1936. By virtue of authority contained in Section 7 of the Act of June 18, 1934 (48 Stat. L., 984), the lands described below, acquired by purchase under the provisions of Section 5 of the Act of June 18, 1934, supra, for the use and benefit of the Flandreau Santee Sioux Tribe of Indians are hereby proclaimed to be an Indian reservation, to be known as the Flandreau Indian Reservation, South Dakota: SE Sec. 9, SW Sec. 10, W2NW Sec. 15, SW Sec. 28 (except any railroad right of way over and upon said premises), T. 107 N., R. 48 W. fifth principal meridian, Moody County, South Dakota, containing a total of 559 acres more or less. HAROLD L. ICKES, ORDER OF RESTORATION Standing Rock Reservation, North and South Dakota September 19, 1936. Whereas, under authority contained in the Acts of Congress approved May 29, 1908 (35 Stat. 460), and February 14, 1913 (37 Stat. 675), all non-mineral, unallotted, and unreserved lands within the Standing Rock Indian Reservation in the States of North and South Dakota, were opened to settlement and entry, to be disposed of under the general provisions of the homestead laws of the United States and the said acts of Congress, by presidential proclamations of August 19, 1909 (36 Stat. 2500) and March 18, 1915 (39 Stat. 1721), respectively, and Whereas, there are now remaining undisposed of within the Standing Rock Indian Reservation a number of tracts of said lands which, while of little value for 11507 12090 the original purpose of settlement and entry, upon thorough investigation have been found to be valuable to the Indians of said reservation, and Whereas, by relinquishment and cancellation of homestead entries a small additional area of similar lands may be inIcluded within the class of undisposed of surplus lands, and, Whereas, the Tribal Council, the Superintendent of the Standing Rock Agency, and the Commissioner of Indian Affairs have recommended restoration to tribal ownership of all such undisposed of lands in the said reservation, Now, therefore, by virtue of the authority vested in the Secretary of the Interior by Sections 3 and 7 of the Act of June 18, 1934 (48 Stat. 984), I hereby find that restoration to tribal ownership of all lands which are now, or may hereafter be, classified as undisposed of surplus opened lands of the Standing Rock Reservation, North and South Dakota, will be in the public interest, and the said lands are hereby restored to tribal ownership for the use and benefit of the Standing Rock Sioux Tribe of Indians, and are added to and made a part of the existing reservation, subject to any valid existing rights. HAROLD L. ICKES, Secretary of the Interior. EXECUTIVE ORDER Extending Certain Periods of Trust on Indian Lands By virtue of and pursuant to the authority vested in me by section 5 of the act of February 8, 1887, ch. 119, 24 Stat. 388, 389, by the act of June 21, 1906, ch. 3504, 34 Stat. 325, 326, and by the act of March 2, 1917, ch. 146, 39 Stat. 969, 976, it is ordered that the periods of trust applying to any Indian lands, whether of a tribal or individual status, which, unless extended, will expire December 31, 1936, or during the calendar year 1937, be, and they are hereby, extended in each case for a further period of 25 years from the date on which any such trust would otherwise expire. This order is not intended to apply to any case in which Congress has specifically reserved to itself authority to extend the period of trust on tribal or individual Indian lands. FRANKLIN D ROOSEVELT THE WHITE HOUSE, September 30, 1936. [No. 7464] AN ORDER ADDING CERTAIN PUBLIC DOMAIN LANDS TO THE WALKER RIVER INDIAN RESERVATION, NEVADA September 25, 1936. Whereas, Congress by the Act of June 22, 1936 (Public, 748, 74th Congress), authorized the Secretary of the Interior to set aside not to exceed 171,200 acres of 12091 public domain lands, within the townships and ranges set out therein, as an addition to the Walker River Reservation, Nevada, subject to valid existing rights; with the proviso that the said Secretary of the Interior shall arrange either by maintenance of existing stock driveways or otherwise, to permit stock owned by others than Indians to cross the reservation at designated points, and, Whereas, the said Act also reserved the title to all minerals in said lands to the United States, and made them subject to all forms of mineral entry or claim under the public land mining laws. Now, therefore, by virtue of authority vested in the Secretary of the Interior by the Act of June 22, 1936 (Public, No. 748, 74th Congress), the lands described below are hereby set aside and made a part of the existing Walker River Indian Reservation, subject to any valid existing rights, with the understanding that the title to all minerals in said lands is reserved to the United States, subject to the provisions of said act. MOUNT DIABLO MERIDIAN T. 13 N., R. 27 E. N 2 and SE', Sec. 1, SE', Sec. 23, E1 2 and SW, Sec. 24, Sec. 25, NE', Sec. 26, and E' 2 Sec. 36; partly unsurveyed. T. 14 N., R. 27 E., SW1 of Lot 1, S' 2 and NW of Lot 2, Lots 3, 4 and S1 2N1 2 Sec. 5. T. 15 N., R. 27 E., Secs, 24 and 25, partly unsurveyed. T. 12 N., R. 28 E., Secs. 3, 4, 5, 9, 10, 11, 14, 15, 23. W2W' 2 Sec. 24. W1 2W1 2 Sec. 25, and Sec. 26. T. 13 N., R. 28 E., Secs. 1, 2, 6, E1 2 Sec. 7, W1 2 Sec. 8, Secs. 11, 12 and 13, E'. Sec. 14, Sec. 17, Lots 3, 4, E' 2SW 4,E' 2 Sec. 18, Secs. 19 and 20, W' 2 Sec. 21, Sec. 24, Secs. 28 to 33, inclusive. T. 14 N., R. 28 E., Secs. 1 to 16, inclusive. Secs. 21 to 27, inclusive, Secs. 30 and 31, and Secs. 34 to 36, inclusive; partly unsurveyed. T. 15 N., R. 28 E., Secs. 13 to 36, inclusive, unsurveyed. T. 11 N., R. 29 E., Secs. 1 to 5, inclusive. Secs. 8 to 16. inclusive, and Secs. 22 to 27, inclusive. T. 12 N., R. 29 E., Secs. 1 to 4, inclusive, Secs. 10 to 15, inclusive, Sec. 24 and 25, Sec. 34 to 36, inclusive: partly unsurveyed. T. 13 N., R. 29 E., Secs. 4 to 9, inclusive, Secs. 16 to 21. inclusive, Secs. 28 to 30, inclusive, N' 2 and SE'. Sec. 31, Secs. 32 and 33; unsurveyed. T. 14 N., R. 29 E., unsurveyed. T. 15 N., R. 29 E., Secs. 25 to 36, inclusive; unsurveyed. T. 11 N., R. 30 E., W' 2 Sec. 5. Secs. 6 and 7, W1 2 Sec. 8. W1 2 Sec. 17, Secs. 18 and 19. W1 2 Sec. 20, W1 2 Sec. 29. Sec. 30; unsurveyed. T. 12 N., R. 30 E., Secs. 4 to 9, inclusive: Secs. 16 to 21. inclusive, Secs. 28 to 33, inclusive; unsurveyed. T. 15 N., R. 30 E., Secs. 25 to 36, inclusive; unsurveyed. T. 12 N., R. 31 E., Secs. 1 to 3, inclusive, Secs. 10 to 15. inclusive, Secs. 22 to 27, inclusive, and Secs. 34 to 36, inclusive; unsurveyed. T. 13 N., R. 31 E., Secs. 2 and 3, 10 and 11. 14 and 15, 22 and 23, 26 and 27, 34 and 35; unsurveyed. T. 14 N., R. 31 E., Secs. 2 and 3, 10 and 11, 14 and 15, 22 and 23, 26 and 27, 34 and 35; unsurveyed. T. 15 N., R. 31 E., Secs. 31 and 32; unsurveyed. The existing stock driveways across the above described lands are hereby cancelled and in lieu thereof the Superintendent having jurisdiction over the Walker River Reservation is hereby authorized to issue crossing permits in accordance with regulations to be prescribed by the Secretary of the Interior to persons other than the Indians of the Walker River Reservation for the purpose of driving livestock across said lands on stock driveways designated by said Superintendent. HAROLD L. ICKES, Secretary of the Interior. 1231 1595 VOLUME 2-1937 EXECUTIVE ORDER Transfer of Certain Property and Functions From the Department of Agriculture to the Department of the Interior. By virtue of and pursuant to the authority vested in me under Title II of the National Industrial Recovery Act, approved June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (49 Stat. 115), and the Emergency Relief Appropriation Act of 1936, approved June 22, 1936 (49 Stat. 1608), it is hereby ordered as follows: 1. There are hereby transferred from the Department of Agriculture to the Department of the Interior the following Indian Subsistence Homesteads projects, including all real and personal property or any interest therein, together with all contracts, options, rights, interests, records, etc., acquired by the Department of Agriculture in connection with the said proj ects: 1. Great Fall Homesteads, Cascade County, Montana, 2. Burns Subsistence Homesteads, Harney County, Oregon, 3. Chilocco Homesteads, Kay County, Oklahoma, 4. White Earth Homesteads, Becker County, Minnesota, 5. Devil's Lake Homesteads, Ramsey County, North Dakota, and 6. Lake County Homesteads, Lake County, California. 2. The Secretary of the Interior is hereby authorized to administer the property transferred under paragraph 1 hereof, and in connection therewith to exercise all powers and functions previously_given to the Secretary of Agriculture by Executive Order No. 7530 of December 31, 1936. 3. The Secretary of the Interior is hereby authorized to prescribe such rules and regulations as may be necessary to carry out the administrative functions transferred and delegated to him by this Executive Order. FRANKLIN D ROOSEVELT THE WHITE HOUSE, Feb. 1, 1937. [No. 7546] COLORADO RIVER INDIAN RESERVATION, CALIFORNIA AND ARIZONA Order of Restoration March 8, 1937. Whereas, section 25 of the Act of April 21, 1904 (33 Stats. 224), as amended by section 3 of the Act of March 3, 1911 (36 Stats. 1063), provided for the reclamation and disposal of lands in the Colorado River Reservation, California and Arizona, and Whereas, it apparently was intended that after reclamation a portion of such lands should become a part of the public domain and made available for settlement under the public land laws, and 1629 11109 Whereas, no reclamation project was undertaken on the Colorado River Reservation under the reclamation Act of June 17, 1902 (32 Stat. 388), authorized by section 25 of the Act of April 21, 1904, supra, and no part of the lands of said reservation (except a small area in the townsite of Parker), has been opened to settlement and sale or other form of disposition under any of the public land laws of the United States, and such lands have always been regarded as constituting a part of the Colorado River Reservation, and Whereas, the Indians of the Colorado River Reservation, the Superintendent in charge of that jurisdiction, and the Commissioner of Indian Affairs have recommended that the status of the unallotted or surplus lands of the reservation, including vacant townsite areas, be definitely restored as a part of the tribal holdings of the Indians of the Colorado River Reservation. Now, therefore, by virtue of the authority vested in the Secretary of the Interior by sections 3 and 7 of the Act of June 18, 1934 (48 Stats. 984), I hereby find that restoration to undoubted tribal ownership of all undisposed of lands within the Colorado River Indian Reservation, including any vacant townsite lots within said reservation, will be in the public interest, and the said lands are hereby restored to such tribal ownership and are added to and made a part of the existing Colorado River Indian Reservation, subject to any valid existing rights, for the use and benefit of the Indians of that reservation and such other Indians as may be entitled to rights thereon. HAROLD L. ICKES, STOCKBRIDGE AND MUNSEE BAND March 19, 1937. By virtue of authority contained in Section 7 of the Act of June 18, 1934 (48 Stat. L., 984), the lands described below, acquired by purchase for the use and benefit of the Stockbridge and Munsee Band of Mohican Indians of Wisconsin as authorized in accordance with the provisions of Section 5 of that Act are hereby proclaimed to be an Indian reservation: All of Sec. 4, NE4 Sec. 9, NW4 Sec. 10, W2NE1 Sec. 10, all in T. 28 N., R. 13 E., of the 4th Principal Meridian, Shawano County, Wisconsin, containing a total of 1049.88 acres more or less. CHARLES WEST, Acting Secretary of the Interior. Reservation for Use of Pomo and Affiliated Indians of Lake County, California June 10, 1937. By virtue of authority contained in Section 7 of the Act of June 18, 1934 (48 Stat. 11348 L.. 984), the lands described below, acquired by purchase under the provisions of Section 5 of that Act, for the use and benefit of such Pomo and affiliated Indians of Lake County, California, as may now or hereafter be located thereon by the Secretary of the Interior, are hereby proclaimed to be an Indian reservation for the benefit and use of such Indians and upon their organization as an Indian tribe pursuant to Section 16 of the Act of June 18, 1934, supra, then for the benefit and use of such organized tribe. Beginning at a point on the West line of the E2 of Lot 8, Section 1, T. 15 N., R. 10 W., M. D. M., distant 247.5 feet South of the Northwest corner of the E2 of said Lot 8, and running thence South 2415 feet to a point on the West line of the E2 of the SE4, Section 1 that is distant 1332.6 feet North of the South line of Section 1; thence East, on a line parallel to the South line of said Section 1, 1320 feet to the East line of Section 1; and thence North, along the East line of Section 1, 2619.5 feet to a point 33 feet South of the Northeast corner of Lot 8; and thence South 80° 20′ West 1337 feet to the point of beginning. All of lot 7, Section 6, T. 15 N., R. 9 W., M.D.M., excepting therefrom that part thereof described as beginning at the Northeast corner of said Lot 7, and running thence West, along the North line of said Lot 7, 354 feet; thence South 1320 feet to the South line of Lot 7; thence East 354 feet to the Southeast corner of Lot 7; and thence North 1320 feet to the point of beginning. CHARLES WEST, Acting Secretary of the Interior. ORDER OF RESTORATION Southern Ute Indian Reservation, Colorado July 17, 1937. Whereas, Pursuant to the provisions of an agreement accepted and ratified by the Act of June 15, 1880 (21 Stat. L., 199), the Confederated Bands of the Ute Tribe of Indians ceded to the United States a large area of their reservation in the State of Colorado, which area was then held and deemed to be public land of the United States and subject to disposal under the laws providing for the disposal of public lands, except as provided in the said Act of June 15, 1880, supra, and Whereas, There is now remaining undisposed of within the ceded area a considerable acreage of such ceded lands, certain of which are urgently required as grazing land for the use of the Ute Mountain Band of Ute Indians, and which have been found to be primarily of value for Indian purposes as an addition to the existing Southern Ute Indian Reservation, and Whereas, By relinquishment and cancellation of homestead entries within this area a limited additional acreage of similar land may be included within the class of undisposed of ceded land, and Whereas, The Commissioner of Indian Affairs, after having caused thorough examination of the area to be made by well 12075 qualified field employees, has recommended restoration to tribal ownership of all said vacant undisposed of ceded lands within the following described boundaries: Beginning at a point on the western boundary line of the State of Colorado, being the northwest corner of the existing Southern Ute Indian Reservation; thence north to the township line separating townships 34 and 35 north, range 20 west; thence east along said township line to the southwest corner of section 35, township 35 north, range 19 west; thence north to the northwest corner of section 2, township 35 north, range 19 west; thence east to the northeast corner of section 1, township 35 north, range 18 west; thence north to the northwest corner of section 31, township 36 north, range 17 west; thence east to the northeast corner of section 35, township 36 north, range 17 west; thence south to the north boundary of the existing Southern Ute Indian Reservation; thence west along the north boundary of the said reservation to the west line of section 9, township 34 north, range 17 west; thence north to the northwest corner of section 21, township 35 north, range 17 west, thence west to the southwest corner of section 17, township 35 north, range 17 west; thence south to the southeast corner of the northeast quarter of the northeast quarter of section 19, township 35 north, range 17 west; thence west to the southwest corner of the northeast quarter of the northwest quarter of said section 19; thence north to the north line of said section 19; thence west to the southwest corner of section 17, township 35 north, range 18 west; thence south to the north boundary of the Southern Ute Indian Reservation in section 7, township 34 north, range 18, all west of the New Mexico principal meridian; thence west along the said north boundary to the point of beginning. Now, therefore, By virtue of the authority vested in the Secretary of the Interior by sections 3 and 7 of the Act of June 18, 1934 (48 Stat. L., 984), I hereby find that restoration to tribal ownership of all lands which are now, or may hereafter be, classified as undisposed of ceded Ute Indian lands lying within the above described boundaries in Colorado, will be in the public interest, and said lands are hereby restored to tribal ownership for the use and benefit of the Ute Mountain Band of Ute Indians of the Southern Ute Indian Reservation in Colorado, and are added to and made a part of the existing Southern Ute Indian Reservation, subject to any valid existing rights. CHARLES WEST, Acting Secretary of the Interior. EXECUTIVE ORDER Extension of Trust Periods on Indian Lands Expiring During Calendar Year 1938 By virtue of and pursuant to the authority vested in me by section 5 of the act of |