Public Law 321.
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/statutes-at-large/vol-47/public-law-321·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/pl/72/320).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Indian irrigation projects.Payment of 1931 construction charges deferred. That the Secretary of the Interior is authorized, under such rules and regulations as he may prescribe, to defer the payment of such of the construction charges as are in default for the calendar year 1931 on irrigation projects under the direction of the Commissioner of Indian Affairs, and to adjust the construction charges for the calendar year 1932 on such projects, in the same manner and under the same terms as provided by the Act of Congress for the temporary relief of water users on irrigation projects constructed and operated under the *Ante*, p. 75.reclamation law, approved April 1, 1932 (Public, Numbered 70, Seventy-second Congress).
Approved, January 26, 1933. To restore to their former retired status in the Regular Army of the United States persons who resigned such status to accept the benefits of the Act of May 24, 1928 (45 Stat. 735), and for other purposes. 1933-01-26 22 Chapter 47 Stat. 776 72 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-27 public [CHAPTER 22.] AN ACT To restore to their former retired status in the Regular Army of the United States persons who resigned such status to accept the benefits of the Act of May 24, 1928 (45 Stat. 735), and for other purposes.January 26, 1933.[[S. 4597](/us/bill/72/s/4597).][[Public, No. 321](/us/pl/72/321).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Army.Warrant and enlistee men, restoration of for mer retired status.
That the Secretary of War be, and he is hereby, authorized and directed to restore to his former status as a retired warrant officer or a retired enlisted man of the Regular Army of the United States with all pay, privileges, and emoluments pertaining thereto, any former emergency officer now on the emergency officers’ retired list created by the Act of Vol. 45, p. 735.*Provisos*.Application.May 24, 1928 (45 Stat. 735), who resigned his retired status in the Regular Army in order to obtain the benefits of that Act: *Provided*, That such former emergency officer shall make application in writing to the Secretary of War not later than June 30, 1933, for such Effective date of restorations.restoration: *Provided further*, That restorations to the retired list of the Army under this Act shall be effective as of July 1, 1933, and that no pay, privileges, or emoluments pertaining to the retired grade of the Regular Army to which such persons are restored shall accrue prior to the effective date of such restoration: *And provided further*,Continuing rights, etc.Vol. 45. p. 735.
That after such restoration all persons so restored shall continue to be entitled, under the Act of May 24, 1928 (45 Stat. 777735), to those rights and privileges only to which they would have been entitled if they had not resigned from the retired lists of the Regular Army: *Provided further*, That nothing in this Act shallAmount of retired Pay. be construed to entitle any former emergency officer retired under the Act of May 24, 1928, to retired pay from the Veterans’ Administration in a greater amount than when added to the retired or retainer pay received from the Army, Navy, or Marine Corps shall equal 75 per centum of the pay the former emergency officer was entitled to receive (except pay under the Act of May 18, 1920) whenVol. 41, p. 601. discharged from his commissioned service as a World War emergency officer.
Approved, January 26, 1933. Relative to restrictions applicable to Indians of the Five Civilized Tribes in Oklahoma 1933-01-27 23 Chapter 47 Stat. 777 72 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-27 public [CHAPTER 23.] AN ACT Relative to restrictions applicable to Indians of the Five Civilized Tribes in OklahomaJanuary 27, 1933.[[H.
R. 8750](/us/bill/72/hr/8750).][[Public, No. 322.]](/us/pl/72/322) *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That all fundsFive Civilized Tribes of Indians, Okla.Funds, etc., of certain members declared restricted. and other securities now held by or which may hereafter come under the supervision of the Secretary of the Interior, belonging to and only so long as belonging to Indians of the Five Civilized Tribes in Oklahoma of one-half or more Indian blood, enrolled or unenrolled, are hereby declared to be restricted and shall remain subjectSupervision of expenditure. to the jurisdiction of said Secretary until April 26, 1956, subject to expenditure in the meantime for the use and benefit of the individual Indians to whom such funds and securities belong, under such rules and regulations as said Secretary may prescribe: *Provided*,*Provisos*.Duration of restriction.
That where the entire interest in any tract of restricted and tax-exempt land belonging to members of the Five Civilized Tribes is acquired by inheritance, devise, gift, or purchase, with restrictedTax-exempt lands. funds, by or for restricted Indians, such lands shall remain restricted and tax-exempt during the life of and as long as held by such restricted Indians, but not longer than April 26, 1956, unless the restrictions are removed in the meantime in the manner provided by law: *Provided further*, That such restricted and tax-exempt landMaximum area. held by anyone, acquired as herein provided, shall not exceed one hundred and sixty acres: *And provided further*, That all mineralsMinerals subject to taxation.Vol. 45, p. 496. including oil and gas, produced from said land so acquired shall be subject to all State and Federal taxes as provided in section 3 of the Act approved May 10, 1928 (45 Stat.
L. 495). Sec. 2. The Secretary of the Interior be, and he is hereby, authorizedCreation of trusts by Indians. to permit, in his discretion and subject to his approval, any Indian of the Five Civilized Tribes, over the age of twenty-one years, having restricted funds or other property subject to the supervision of the Secretary of the Interior, to create and establish, out of the restricted funds or other property, trusts for the benefits of such Indian, his heirs, or other beneficiaries designated by him, such trusts to be created by contracts or agreements by and between the Indian and incorporated trust companies or such banks as may be authorized by law to act as fiduciaries or trustees: *Provided*, That*Provisos*.Restriction on payment of trustees’ fees. no. trust company or bank shall be trustee in any trust created under this Act which has paid or promised to pay to any person other than an officer or employee on the regular pay roll thereof any charge, fee, commission, or remuneration for any service or influence in securing or attempting to secure for it the trusteeship in any 778Trust agreements, approval of.trust: *Provided further*.
That all trust agreements or contracts made or entered into prior to the date of approval of this Act, and all contracts or agreements made or entered into prior to said date providing for or looking to the creation of such trust or trusts shall be null and void unless such contracts or agreements shall have heretofore been approved by the Secretary of the Interior. Sec. 3. Transfers to trustee authorized. The Secretary of the Interior be, and he is hereby, authorized, upon the execution and approval of any trust agreement or contract as herein provided, to transfer, or cause to be transferred, to the trustee, from the individual restricted or trust funds or other restricted property of the respective Indian, the funds or property required by the terms of the approved agreement, and the funds or property so transferred shall in each case be held by the trustee Segregation of assets.subject to the terms and conditions of the trust agreement or contract creating the trust, separate and apart from all assets, investments or trust estates in the hands of said trustee.
Sec. 4. Release of trust agreement restrictions denied. None of the restrictions upon the funds or property transferred under the terms of any such trust agreement or contract shall be in any manner released during the continuance of the restriction period now or hereafter provided by law, except as provided by the terms of such agreement or contract, and neither the corpus of said Alienation of corpus and income.trust nor the income derived therefrom shall, during the restriction period provided by law, be subject to alienation, or encumbrance, nor to the satisfaction of any debt or other liability of any beneficiary Annual accounting required.of such trust during the said restriction period.
The trustee shall render an annual accounting to the Secretary of the Interior and to the beneficiary or beneficiaries to whom the income for the preceding year, or any part thereof, was due and payable. Sec. 5. Irrevocability of approved contracts. Trust agreements or contracts executed and approved as herein provided shall be irrevocable except with the consent and *Proviso*.Revesting of funds if trust agreement annulled.approval of the Secretary of the Interior: *Provided*, That if any trust, trust agreement, or contract be annulled, canceled, or set aside by order of any court, or otherwise, the principal or corpus of the trust estate, with all accrued and unpaid interest, shall be returned to the Secretary of the Interior as restricted individual Indian property.
Sec. 6. Illegally procured trusts.Cancellation proceedings. If, after the creation and approval of any trust, it is found that said trust was procured in violation of any of the provisions of this Act, or that the trustee designated therein has failed or refused to properly perform the duties imposed thereby, in accordance with the terms, provisions and requirements of said trust agreement, it shall be the duty of the Attorney General to institute appropriate proceedings in the Federal courts for the cancellation and annulment of said trust by court decree, and upon decree of annulment and cancellation, which shall be at the cost of the trustee, and after accounting, but without the allowance of any fee, charge, or commission Return of trust funds.for any services rendered by the trustee, all funds held by the trustee shall be paid to the Secretary of the Interior as restricted Jurisdiction, etc., of courts.funds, and the Federal courts are hereby given exclusive jurisdiction of all actions involving an accounting under any trust created under the provisions of this Act, and all actions to cancel, annul, or set aside any trust entered into pursuant to this Act.
Sec. 7. Administration of Act. The Secretary of the Interior is hereby authorized to prescribe such rules and regulations as he may deem necessary for the Valuation of trust, bond, etc.proper administration of this Act. He shall fix and determine the value of each trust, revising such valuation from time to time as he 779may deem necessary, and, for the faithful performance of each trust agreement or contract, shall require corporate surety company bond equal to the value of the respective trust so fixed and determined, or the deposit of securities of the United States Government equal to such amount: *Provided*, *however*, That trusts created under the*Proviso*.Trust period restriction. provisions of this Act shall not extend beyond a period twenty-one years after the death of the last survivor of the named beneficiaries in the respective trust agreement.
Sec. 8. That it shall be the duty of the attorneys provided forOklahoma courts.Attorneys to represent restricted members.Vol. 35, p. 312. under the Act of May 27, 1908 (35 Stat. L. 312), to appear and represent any restricted member of the Five Civilized Tribes before the county courts of any county in the State of Oklahoma, or before any appellate court thereof, in any matter in which said restricted Indians may have an interest, and no conveyance of any interest inApproval of conveyances required. land of any full-blood Indian heir shall be valid unless approved in open court after notice in accordance with the rules of procedure in probate matters adopted by the Supreme Court of Oklahoma in June of 1914, and said attorneys shall have the right to appeal fromRight of appeal. the decision of any county court approving the sale of any interest in land, to the district court of the district to which the county is a part.
Approved, January 27, 1933. To extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Cannelton, Indiana. 1933-01-27 24 Chapter 47 Stat. 779 72 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-27 public [CHAPTER 24.] AN ACT To extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Cannelton, Indiana.January 27, 1933.[[S. 5131](/us/bill/72/s/5131).][
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- 45 Stat. 777735
- 47 Stat. 777
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Public Law 321
Stat.45 Stat. 777735
Stat.47 Stat. 777
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