§ 145. Accounts between United States and tribes under reimbursable appropriations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1910

   Pub. L. 61–140 § 1 · 36 Stat. 269

   Enacted · 25 U.S.C. § 145

   Apr. 4, 1910, ch. 140, § 1, 36 Stat. 270

   Source evidence

   Code source credit
   Apr. 4, 1910, ch. 140, § 1, 36 Stat. 270

   Enacted provision · exact public law section
   Sec. 1. For the survey, resurvey, and classification of lands to be Surveys, etc., for allotments in severalty. Vol. 24, p. 388. allotted in severalty under the provisions of the Act of February eighth, eighteen hundred and eighty-seven, entitled “An Act to provide for the allotment of lands in severalty to Indians,” and under any other Act or Acts providing for the survey and allotment of lands in severalty to Indians, including the necessary clerical work incident thereto and to the issuance of all patents in the field and in the office of Indian Affairs, and to the delivery of trust patents for allotments under said Act or any such Act or Acts; and for the survey and subdivision Surveying reservations, etc., for allotments. Repayment. of Indian reservations and lands to be allotted to Indians under authority of law, two hundred and fifteen thousand dollars, to be repaid proportionately out of any Indian moneys held in trust or otherwise by the United States and available by law for such reimbursable purpose and to remain available until expended: Provided, Proviso. Use of balances. That the unexpended balances of all continuing appropriations heretofore made for allotment work, general or specific, are hereby made available for the purposes enumerated herein. Annual statement of reimbursable accounts. Hereafter the Secretary of the Interior shall cause to be stated annual accounts between the United States and each tribe of Indians arising under appropriations heretofore, herein, or hereafter to be made, which by law are required to be reimbursed to the United States, crediting in said accounts the sums so reimbursed, if any; Payment of balances due. and the Secretary of the Interior shall pay, out of any fund or funds belonging to such tribe or tribes of Indians applicable thereto and held by the United States in trust or otherwise, all balances of accounts due to the United States and not already reimbursed to the Treasury, and deposit such sums in the Treasury as miscellaneous Accounting. receipts; and such accounts shall be received and examined by the proper auditor of the Treasury Department and the balances arising Proviso. Annual report of cost of survey and allotment work. thereon certified to the Secretary of the Treasury: Provided, That hereafter the Secretary of the Interior shall transmit to Congress annually on the first Monday in December a cost account for the preceding fiscal year of all survey and allotment work on Indian reservations. Irrigation. For the construction, repair, and maintenance of ditches, reservoirs, and dams, purchase and use of irrigation tools and appliances, water rights, lands necessary for canals, pipe lines and reservoirs for Indian reservations and allotments, and for drainage and protection of irrigable lands from damage by floods, two hundred and forty-nine thousand one hundred dollars, of which twenty-five thousand dollars Continuing balance. Provisos. Use restricted. shall be immediately available, and the balance of the appropriation shall remain available until expended: Provided, That no part of this appropriation shall be expended on any irrigation system or reclamation project for which specific appropriation is made in this Act or for which public funds are or may be available under any Estimates required. other Act of Congress, and hereafter no new irrigation project on any Indian reservation, allotments or lands, shall be undertaken until it shall have been estimated for and a maximum limit of cost ascertained from surveys, plans, and reports submitted by the chief irrigation engineer in the Indian service and approved by the Commissioner Limit of cost. of Indian Affairs and the Secretary of the Interior, and such limit of cost shall in no case be exceeded without express authorization of Congress, and hereafter no new project to cost in the aggregate to exceed thirty-five thousand dollars shall be undertaken on any Indian reservation or allotment without specific Annual report of all projects. authority of Congress; and the Secretary of the Interior shall transmit to Congress on the first Monday in December, nineteen hundred and ten, a statement, by systems or projects, showing the original estimated cost, the present estimated cost, and the total amount of all moneys, from whatever source derived, expended thereon for construction, extension, repair, or maintenance, of each irrigation system or reclamation project on Indian reservations, allotments or lands to and including June thirtieth, nineteen hundred and ten; and annually thereafter the Secretary of the Interior shall transmit to Congress a cost account of all moneys, from whatever source derived, expended on each such irrigation project for the preceding fiscal year: Provided Preliminary surveys, etc. further, That nothing herein contained shall be construed to prohibit reasonable expenditures from this appropriation for preliminary surveys and investigations to determine the feasibility and estimated Cooperation with other bureaus. cost of new projects, or to prevent the Bureau of Indian Affairs from having the benefit of consultation with engineers in other branches of the public service or carrying out existing agreements with the Irrigation inspectors. Reclamation Service; for pay of one chief inspector of irrigation, who shall be a skilled irrigation engineer, four thousand dollars; one assistant inspector of irrigation, who shall be a skilled irrigation engineer, two thousand five hundred dollars; for traveling expenses of two inspectors of irrigation, at three dollars per diem when actually employed on duty in the field, exclusive of transportation and sleeping-car fare, in lieu of all other expenses authorized by law, and for incidental expenses of negotiation, inspection, and investigation, including telegraphing and expense of going to and from the seat of government, and while remaining there under orders, four thousand two hundred dollars; in all, two hundred fifty-nine thousand eight hundred dollars: Provided, That the Commissioner of Indian Affairs, Superintendents of irrigation. under the direction of the Secretary of the Interior, may employ superintendents of irrigation who shall be skilled irrigation engineers, not to exceed seven in number. For the suppression of the traffic in intoxicating liquors among Suppressing liquor traffic. Indians, eighty thousand dollars, ten thousand dollars thereof to be immediately available. To enable the President to relieve distress among Indians and to Relief of distress, preventing diseases, etc. provide for their care and for the prevention and treatment of tuberculosis, trachoma, smallpox, and other contagious and infectious diseases, including the purchase of vaccine and expense of vaccination, forty thousand dollars. For support of Indian day and industrial schools, not otherwise Support of schools. provided for, and for other educational and industrial purposes in connection therewith, one million four hundred and twenty thousand dollars. For construction, lease, purchase, and repair of school buildings, Constructing buildings, etc. and for sewerage, water supply, lighting plants, and purchase of school sites and improvements of buildings and grounds, three hundred and fifty thousand dollars. For collection and transportation of pupils to and from Indian Transporting pupils. schools, and for the transportation of Indian pupils from any and all Indian schools and placing them, with the consent of their parents, under the care and control of white families qualified to give such pupils moral, industrial, and educational training, seventy thousand dollars: Provided, That not to exceed five thousand dollars of this Proviso. Positions for pupils. amount may be used in the transportation and placing of Indian pupils in positions where remunerative employment may be found for them in industrial pursuits. The provisions of this section shall also Alaska pupils. apply to native pupils brought from Alaska. All moneys appropriated herein for school purposes among the No per capita restriction. Indians shall be expended, without restriction as to per capita expenditure for the annual support and education of any one pupil in any school. To conduct experiments on Indian school or agency farms designed Agricultural experiments. to test the possibilities of soil and climate in the cultivation of trees, grains, vegetables, and fruits, for the purposes of preserving living and growing timber on Indian reservations and allotments, and to advise the Indians as to the proper care of forests: Provided, Care of forests. Provisos. Restriction. That this shall not as to timber apply to the Menominee Indian Reservation in Wisconsin or the Red Lake Indian Reservation in Minnesota. For the employment of suitable persons as matrons to Matrons. teach Indian women housekeeping and other household duties, and for furnishing necessary equipments and renting quarters for them where necessary; and for the employment of practical farmers and Farmers and stockmen. stockmen, in addition to the agency and school farmers now employed, to superintend and direct farming and stock raising among Indians, three hundred and fifty thousand dollars, of which fifty thousand dollars shall become immediately available: Provided, That not to exceed five thousand dollars of the amount herein appropriated Amount for testing soils, etc. shall be used to conduct experiments on Indian school or agency farms to test the possibilities of soil and climate in the cultivation of trees, grains, vegetables and fruits: Provided further, That Amounts to matrons, etc. the amounts paid to matrons, farmers, and stockmen herein provided for shall not come within the limit for employees fixed by the Act of Vol. 30, p. 90. June seventh, eighteen hundred and ninety-seven. Supplies. All expenses of purchase, etc. Post, p. 1061. For the purchase of goods and supplies for the Indian Service, including inspection, pay of necessary employees, and all other expenses connected therewith, including advertising, telegraphing, telephoning, rent of warehouses, and the transportation of Indian goods and supplies, three hundred and fifteen thousand dollars. Agency buildings. For buildings and repairs of buildings at agencies and for rent of buildings for agency purposes and for water supply at agencies, seventy- five thousand dollars. Legal expenses in suits involving allotted lands, etc. For witness fees and other legal expenses incurred in suits instituted in behalf of or against Indians involving the question of title to lands allotted to them, or the right of possession of personal property held Proviso. Attorneys’ fees. by them, two thousand five hundred dollars: Provided, That no part of this appropriation shall be used in the payment of attorney fees.

1 of 1 references resolved to an enrolled provision