Public Law 384.

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(/us/pl/73/383).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Indian affairs.Future allotment in severalty prohibited. That hereafter no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian. Sec. 2. Existing trust periods extended. The existing periods of trust placed upon any Indian lands and any restriction on alienation thereof are hereby extended and continued until otherwise directed by Congress.

Sec. 3. Restoration of lands to tribal ownership. The Secretary of the Interior, if he shall find it to be in the public interest, is hereby authorized to restore to tribal ownership the remaining surplus lands of any Indian reservation heretofore opened, or authorized to be opened, to sale, or any other form of disposal by Presidential proclamation, or by any of the public land*Provisos*.Existing valid rights not affected. laws of the United States: *Provided, however*, That valid rights or claims of any persons to any lands so withdrawn existing on the date of the withdrawal shall not be affected by this Act: *Provided further*,Lands in reclamation projects.

That this section shall not apply to lands within any reclamation project heretofore authorized in any Indian reservation: *Provided further*, Order temporarily withdrawing Papago Reservation lands from mineral entry, etc., revoked.That the order of the Department of the Interior signed, dated, and approved by Honorable Ray Lyman Wilbur, as Secretary of the Interior, on October 28, 1932, temporarily withdrawing lands of the Papago Indian Reservation in Arizona from all forms of mineral entry or claim under the public land mining laws, is hereby revoked and rescinded, and the lands of the said Papago Indian Reservation are hereby restored to exploration and location, under the existing mining laws of the United States, in accordance with the express terms and provisions declared and set forth in the Executive orders establishing said Papago Indian Reservation:Resulting damages to be paid tribe; limitation. *Provided further*, That damages shall be paid to the Papago Tribe for loss of any improvements on any land located for mining in such a sum as may be determined by the Secretary of the InteriorAnnual rental to be paid. but not to exceed the cost of said improvements: *Provided further*, That a yearly rental not to exceed five cents per acre shall be paid to the Papago Tribe for loss of the use or occupancy of any land withdrawn by the requirements of mining operations, and payments derived from damages or rentals shall be deposited in the Treasury of the United States to the credit of the Papago Tribe: *Provided further*, That in the event any person or persons, partnership, corporation, or association, desires a mineral patent, according to the mining laws of the United States, he or they shall first deposit in the Treasury of the United States to the credit of the Papago Tribe the sum of $1.00 per acre in lieu of annual rental, as hereinbefore provided, to compensate for the loss or occupancy of the lands withdrawn by the requirements of mining operations: *Provided further*, 985 That patentee shall also pay into the Treasury of the United StatesPatentee to pay, to credit of Indians, damages, for loss of improvements. to the credit, of the Papago Tribe damages for the loss of improvements not heretofore paid in such a sum as may be determined by the Secretary of the Interior, but not to exceed the cost thereof; the payment of $1.00 per acre for surface use to be refunded toRefund, if not acquired. patentee in the event that patent is not acquired.

Nothing herein contained shall restrict the granting or use of permits for easements or rights-of-way; or ingress or egress over theRights of way, etc., not restricted. lands for all proper and lawful purposes; and nothing contained herein, except as expressly provided, shall be construed as authority for the Secretary of the Interior, or any other person, to issue or promulgate a rule or regulation in conflict with the Executive order of February 1, 1917, creating the Papago Indian Reservation in ArizonaVol. 46, p. 1202. or the Act of February 21, 1931 (46 Stat. 1202).

Sec. 4. Except as herein provided, no sale, devise, gift, exchangeNo transfers of restricted Indian lands, etc.; exception. or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized hereunder, shall be made or approved: *Provided, however*, That such lands or interests*Provisos*.Lands may descend only to Indian tribe or successor corporation. may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived or to a successor corporation; and in all instances such landsDescent, etc., according to applicable laws. or interests shall descend or be devised, in accordance with the then existing laws of the State, or Federal laws where applicable, in which said lands are located or in which the subject matter of the corporation is located, to any member of such tribe or of such corporation or any heir’s of such member: *Provided further*, That theVoluntary exchanges for proper consolidations.

Secretary of the Interior may authorize voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in his judgment, is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations. Sec. 5. The Secretary of the Interior is hereby authorized, in hisAcquisitions, for providing lands for Indians. discretion, to acquire through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments whether the allottee be living or deceased, for the purpose of providing land for Indians.

For the acquisition of such lands, interests in lands, water rights,Appropriation authorized. and surface, rights, and for expenses incident to such acquisition, there is hereby authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, a sum not to exceed $2,000,000 in any one fiscal year: *Provided*, That no part of such*Proviso*.Not to be used outside boundary lines of Navajo reservation. funds shall be used to acquire additional land outside of the exterior boundaries of Navajo Indian Reservation for the Navajo Indians in Arizona, and New Mexico, in the event that the proposed Navajo boundary extension measures now pending in Congress and embodied*Ante*, p. 960. in the bills (S. 2499 and H.R. 8927) to define the exterior boundaries of the Navajo Indian Reservation in Arizona, and for other purposes, and the bills (S. 2531 and H.

R. 8982) to define the exterior boundaries of the Navajo Indian Reservation in New Mexico and for other purposes, or similar legislation, become law. The unexpended balances of any appropriations made pursuant toBalances available until expended. this section shall remain available until expended. Title to any lands or rights acquired pursuant to this Act shall beTitle vested in United States in trust.Lands exempt from taxation. taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired, and such lands or rights shall be exempt from State and local taxation. 986 Sec. 6.

Indian forestry units.Regulations governing. The Secretary of the Interior is directed to make rules and regulations for the operation and management of Indian forestry units on the principle of sustained-yield management, to restrict the number of livestock grazed on Indian range units to the estimated carrying capacity of such ranges, and to promulgate such other rules and regulations as may be necessary to protect the range from deterioration, to prevent soil erosion, to assure full utilization of the range, and like purposes.

Sec. 7. New Indian reservations on lands acquired by proclamation. The Secretary of the Interior is hereby authorized to proclaim new Indian reservations on lands acquired pursuant to any authority conferred by this Act, or to add such lands to existing*Proviso*.Additions, for exclusive use of Indians. reservations: *Provided*, That lands added to existing reservations shall be designated for the exclusive use of Indians entitled by enrollment or by tribal membership to residence at such reservations.

Sec. 8. Holdings for homesteads outside of reservations. Nothing contained in this Act shall be construed to relate to Indian holdings of allotments or homesteads upon the public domain outside or the geographic boundaries of any Indian reservation now existing or established hereafter. Sec. 9. Sum for defraying expenses of tribal organization herein created. There, is hereby authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary, but not to exceed $250,000 in any fiscal year, to be expended at the order of the Secretary of the Interior, in defraying the expenses of organizing Indian chartered corporations or other organizations created under this Act.

Sec. 10. Establishment of revolving fund, to make loans for economic development. There is hereby authorized to lie appropriated, out of any funds in the Treasury not otherwise appropriated, the sum of $10,000,000 to be established as a revolving fund from which the Secretary of the Interior, under such rules and regulations as he may prescribe, may make loans to Indian chartered corporations for the purpose of promoting the economic development of such tribes and of their members, and may defray the expenses ofRepayments to be credited to revolving fund.Report to Congress. administering such loans.

Repayment of amounts loaned under this authorization shall be credited to the revolving fund and shall be available for the purposes for which the fund is established. A report shall be made annually to Congress of transactions under this authorization. Sec. 11. Vocational and trade school.Annual appropriation for loans, to provide payment for tuition, etc. There is hereby authorized to be appropriated, out of any funds in the United States Treasury not otherwise appropriated, a sum not to exceed $250,000 annually, together with any unexpended balances of previous appropriations made pursuant to this section, for loans to Indians for the payment of tuition and*Proviso*.Indian students in secondary, etc., schools. other expenses in recognized vocational and trade schools: *Provided*, That not more than $50,000 of such sum shall be available for loans to Indian students in high schools and colleges.

Such loansReimbursable. shall be reimbursable under rules established by the Commissioner of Indian Affairs. Sec. 12. Standards of health, ability, etc., to be established. The Secretary of the Interior is directed to establish standards of health, age, character, experience, knowledge, and ability for Indians who may be appointed, without regard to civil-serviceAppointments. laws, to the various positions maintained, now or hereafter, by the Indian Office, in the administration of functions or services affecting any Indian tribe.

Such qualified Indians shall hereafter have the preference to appointment to vacancies in any such positions. Sec. 13. Provisions dealing wit h Indian corporations, education, etc., applicable to Alaska. The provisions of this Act shall not apply to any of the Territories, colonies, or insular possessions of the United States, except that sections 9, 10, 11, 12. and 16, shall apply to the TerritoryDesignated sections inapplicable to various tribes. of Alaska: *Provided*, That Sections 2, 4, 7, 16, 17, and 18 of this Act shall not apply to the following-named Indian tribes, the members of987 such Indian tribes, together with members of other tribes affiliated with such named tribes located in the State of Oklahoma, as follows:

Cheyenne, Arapaho, Apache, Comanche, Kiowa, Caddo, Delaware, Wichita, Osage, Kaw, Otoe, Tonkawa, Pawnee, Ponca, Shawnee, Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac and Fox, Kickapoo, Pottawatomi, Cherokee, Chickasaw, Choctaw, Creek, and Seminole. Section 4 of this Act shall not apply to the Indians of the Klamath Reservation in Oregon. Sec. 14. The Secretary of the Interior is hereby directed to continueProtecting treaty rights with Sioux Indians.Continuation of allowances, etc.Vol. 23, p. 894;

Vol. 29, p. 334; Vol. 25, p.451. the allowance of the articles enumerated in section 17 of the Act of March 2, 1889 (23 Stat.L. 894), or their commuted cash value under the Act of June 10, 1896 (29 Stat.L. 334), to all Sioux Indians who would be eligible, but for the provisions of this Act, to receive allotments of lands in severalty under section 19 of the Act of May 29, 1908 (25 Stat.L. 451), or under any prior Act, and who have the prescribed status of the head of a family orNo person to receive more than one allowance. single person over the age of eighteen years, and his approval shall be final and conclusive, claims therefor to be paid as formerly from the permanent appropriation made by said section 17 and carried on the books of the Treasury for this purpose.

No person shall receive in his own right more than one allowance of the benefits, and application must be made and approved during the lifetime of the allottee or the right shall lapse. Such benefits shall continue to be paid upon such reservation until such time as the lands available therein for allotment at the time of the passage of this Act would have been exhausted by the award to each person receiving such benefits of an allotment of eighty acres of such land. Sec. 15.

Nothing in this Act shall be construed to impair orNo Indian claim or suit impaired by this Act. prejudice any claim or suit of any Indian tribe against the United States. It is hereby declared to be the intent of Congress that no expenditures for the benefit of Indians made out of appropriations authorized by this Act shall be considered as offsets in any suit brought to recover upon any claim of such Indians against the United States. Sec. 16. Any Indian tribe, or tribes, residing on the same reservation,Indians residing on same reservation may organize for common welfare. shall have the right to organize for its common welfare, and may adopt au appropriate constitution and bylaws, which shall become effective when ratified by a majority vote of the adult members of the tribe, or of the adult Indians residing on such reservation,Effective, when ratified. as the case may be, at a special election authorized and called by the Secretary of the Interior under such rules and regulations as he may prescribe.

Such constitution and bylaws when ratified as aforesaidRevocation, amendments, etc. and approved by the Secretary of the Interior shall lie revocable by an election open to the same voters and conducted in the same manner as hereinabove provided. Amendments to the constitution and bylaws may be ratified and approved by the Secretary in the same manner as the original constitution and bylaws. In addition to all powers vested in any Indian tribe or tribalAdditional powers vested in tribe. council by existing law, the constitution adopted by said tribe shall also vest in such tribe or its tribal council the following rights and powers:

To employ legal counsel, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior; to prevent the sale, disposition, lease, or encumbrance of tribal lands, interests in lands, or other tribal assets without the consent of the tribe; and to negotiate with the Federal, State, and local Governments. The Secretary of the Interior shall advise such tribe or itsSecretary to advise tribe of contemplated appropriation estimates. tribal council of all appropriation estimates or Federal projects for the benefit of the tribe prior to the submission of such estimates to the Bureau of the Budget and the Congress. 988 Sec. 17.

Charters.Issue of, to each tribe, upon petition therefor.Proviso.Ratification condition precedent to operation.Powers conferred. The Secretary of the Interior may, upon petition by at least one-third of the adult Indians, issue a charter of incorporation to such tribe: *Provided*, That such charter shall not become operative until ratified at a special election by a majority vote of the adult Indians living on the reservation. Such charter may convey to the incorporated tribe the power to purchase, take by gift, or bequest, or otherwise, own, hold, manage, operate, and dispose of property of every description, real and personal, including the power to purchase restricted Indian lands and to issue in exchange therefor interests in corporate property, and such further powers as may be incidental to the conduct of corporate business, not inconsistent with law, but no authority shall be granted to sell, mortgage, or lease forRevocation. a period exceeding ten years any of the land included in the limits of the reservation.

Any charter so issued shall not be revoked or surrendered except by Act of Congress. Sec. 18. Inapplicable to reservation rejecting proposition. This Act shall not apply to any reservation wherein a majority of the adult Indians, voting at a special election duly called by the Secretary of the Interior, shall vote against its application. It shall be the duty of the Secretary of the Interior, within one year after the passage and approval of this Act, to call such an election, which election shall be held by secret ballot upon thirty days’ notice.

Sec. 19. Term “Indian” defined. The term “Indian” as used in this Act shall include all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation, and shall further include all other persons of one-half or more Indian blood. For the purposes of this Act, Eskimos and other aboriginal peoples“Tribe.” of Alaska shall be considered Indians.

The term “tribe” wherever used in this Act shall be construed to refer to any Indian tribe, organized band, pueblo, or the Indians residing on one reservation.“Adult Indians.” The words “adult Indians” wherever used in this Act shall be construed to refer to Indians who have attained the age of twenty-one years. Approved, June 18, 1934. Granting the consent of Congress to the State Board of Public Works of the State of Vermont to construct, maintain, and operate a toll bridge across Lake Champlain at or near West Swanton, Vermont. 1934-06-18 577 Chapter 48 Stat. 988 73 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 2024-12-11 public [CHAPTER 577.] AN ACT Granting the consent of Congress to the State Board of Public Works of the State of Vermont to construct, maintain, and operate a toll bridge across Lake Champlain at or near West Swanton, Vermont.June 18, 1934.[[S. 3742](/us/bill/73/s/3742).][[Public, No. 384](/us/pl/73/384).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Lake Champlain.Vermont may bridge, at West Swanton.

That the consent of Congress is hereby granted to the State Board of Public Works of the State of Vermont to construct, maintain, and operate a bridge and approaches thereto across Lake Champlain, at a point suitable to the interests of navigation, between a point at or near EastConstruction.Vol. 34, p. 84. Alburg, Vermont, and a point at or near West Swanton, Vermont, in accordance with the provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2. Toll rates to be adjusted to provide cost of operation and sinking fund. If tolls are charged for the use of such bridge, the rates of tolls may be so adjusted as to provide a fund sufficient to pay

(a)the reasonable cost of maintenance, repair, and operation of the said bridge and its approaches, and

(b)the amortization within a reasonable time, and not exceeding twenty-five years from the989 date that the bridge is opened to traffic, and under reasonable condition, of any loan or loans, including reasonable interest, taxes, and financing charges made or to be made in connection with the construction of said bridge and its approaches. Sec. 3. An accurate record of the cost of the bridge and itsRecord of expenditures and receipts. approaches, and of all the expenditures for maintaining, repairing, and operating the same, and of the tolls collected from time to time, shall be kept and shall at all reasonable times be available for the information of all persons interested in the construction, operation, and maintenance thereof. Sec. 4. The right to sell, assign, transfer, mortgage, or pledge anyRight to sell, etc., granted. or all of the rights, powers, and privileges conferred by this Act is hereby granted to the said State Board of Public Works of the State of Vermont or any corporation to which, or any person to whom, such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same through mortgage, pledge, foreclosure, or otherwise, including therein the United States of America*Ante*, p. 200. acting by or through the President, the Federal Emergency Administrator of Public Works, such other agency or agencies as may be designated or created for such purpose pursuant to the National Industrial Recovery Act or any other amendment or supplement thereto, or any other agency or agencies as may be created for such purpose by the Congress of the United States, and such person or corporation is hereby authorized and empowered to exercise all of the rights, powers, and privileges conferred upon the State Board of Public Works of the State of Vermont as fully as though conferred herein directly upon such corporation or person. Sec. 5. Whenever a sum sufficient to amortize and pay off theMaintenance as free bridge after amortizing costs. amount of money used in building and constructing said bridge shall have been collected, the State Board of Public Works of the State of Vermont shall declare said bridge free and open to the use of the general public without the imposition of any further tolls or charges for the use of said bridge. Sec. 6. The right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, June 18, 1934. To enable the Postmaster General to withhold commissions on false returns made by postmasters. 1934-06-18 578 Chapter 48 Stat. 989 73 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 2024-12-11 public [CHAPTER 578.] AN ACT To enable the Postmaster General to withhold commissions on false returns made by postmasters.June 18, 1934.[[S. 3765](/us/bill/73/s/3765).][

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