Report of the Department of the Interior ... [with Accompanying Documents].

of the Department of the Interior. These were sections 2111, 2112, 2113, 2120, 2134, 2147, 2148, 2149, 2150, 2151, 2152, and 2153 of the United States Revised Statutes.

The Johnson-O'Malley Act, which passed April 1934 authorizes the making of contracts with the States for services in education, health work, and social work.

The Wheeler-Howard (Indian Reorganization) Act, passed June 1934 was fully discussed in the 1934 report, and is here summarized briefly again on page 114. This act was amended in June 1935 (Public, No. 147) so as to provide that in referendums on the adoption of the act, a majority of the votes actually cast, instead of a majority of all eligible voters, should be decisive on condition that not fewer than 30 percent of the residents of the voting area go to the polls. Elections already held are also governed by the majority-vote rule. The same amendment affects all referendums or constitutions and charters under the act.

Land acts passed during the last 2 years include the following:

Act of May 31, 1933 (48 Stat. L., 108).-This is an act to authorize appropriations to pay in part the liability of the United States to Indian pueblos under the act of June 7, 1924 (43 Stat. L. 636), to non-Indian claimants on Indian pueblo grants whose claims were found by the Pueblo Lands Board to have been for property occupied in good faith.

Act of April 30, 1934 (48 Stats. 647).—This provides for the amendment of section 1 of the act of June 25, 1910 (36 Stats. L. 855), to the effect that no refund should be paid to defaulting purchasers of Indian lands. Heretofore a refund of all sums paid on the principal in excess of 25 percent was made to the purchaser.

The act of June 14, 1934 (48 Stat. 960), created a new boundary for the Navajo Indian Reservation in Arizona. The act also authorized exchanges of lands for consolidation purposes and authorized an appropriation to purchase other private holdings for the benefit of the Navajo Indians.

Act of June 15, 1934 (48 Stat. L., 965).-This is an act to provide for the enrollment of the members of the Menominee Tribe of Indians of Wisconsin. It authorized the preparation of a roll with the existing roll as a basis. The act further provided for certain procedure in enrollment matters before the Interior Department and in the courts where complaint was made as to errors enrollment proceedings.

t of June 18, 1934 (48 Stat. L., 979).-This act amends the Chippewa tional Act of May 14, 1926 (44 Stat. L., 555), to designate the plainhe different suits filed in the Court of Claims to include all who are share in the final distribution of the permanent fund. This act *ain safeguards to prevent enrollment of persons claiming to be ians of Minnesota but who are not entitled to rights with the

26, 1934 (48 Stat. L., 1240), amends the act of June 19, 1930 providing for the sale of the remainder of the coal and e segregated mineral land of the Choctaw and Chickaprovided for the sale of tracts of less than 960 acres adjoined a developed tract on which active mining icted and which is needed by the operator in furmine.

blic, No. 83, 74th Cong.), transferred 168.44 acres Forest Reserve for an Indian village for the

3. No. 89, 74th Cong.), authorized an approhippewa Indians of Minnesota for swampon awarded to the State of Minnesota by States.

irrigation expenditure of $820,000. This averages approximately $1.12 per acre for the entire area of 730,000 acres under constructed works, or $1.82 per acre for the approximately 450,000 acres actually in cultivation.

Gila River adjudication suit.—The consent decree in the so-called "Gila River adjudication suit" was entered in the Federal court for the district of Arizona on June 29, 1935. This decree defines the various rights in the waters of the Gila River from its source in New Mexico to its junction with the Salt River near Phoenix, Ariz. The entering of this decree is the culmination of some 10 years of litigation and negotiations in regard to the water rights along the Gila River. It provides a first priority for 35,000 acres of Indian lands in the Gila River Reservation, a second priority for 1,000 acres of Indian land in the San Carlos Reservation, and varying priorities from 1868 to 1924 for the privately owned lands in Arizona and New Mexico. It also provides a right for the United States to store in the San Carlos Reservoir 1,285,000 acre-feet with a date of priority of June 7, 1924.

Middle Rio Grande conservancy district.—The construction operations of the middle Rio Grande conservancy district of New Mexico have been practically completed, and an audit of the district's accounts is being made by the General Accounting Office preparatory to making final payment. Final surveys, while not entirely completed, indicate that the total area of pueblo lands that will be benefited by the works of the district will be 11,620 acres.

Public Works projects.-Funds allotted by the Public Works Administration during the fiscal 1934 totaled $6,953,050, of which $2,488,862 had been expended to June 30, 1934, leaving $4,464,188 available for expenditure during the fiscal year 1935. Subsequent allotments amounting to $116,855 were made, bringing the total available for the fiscal year 1935 to $4,581,043 and the total of all allotments to $7,069,905. The total expenditures from these funds during the year amounted to approximately $3,600,000, leaving a balance of about $1,000,000 available for expenditure during the fiscal year 1936.

The work being carried on with these funds is principally the rehabilitation of existing projects, supplemental storage development, extension of irrigation and drainage canals and subjugation or preparation of Indian lands for irrigation.

The major projects under way during the year were as follows:

San Carlos project, Arizona, extension of canals, laterals, electrical transmission lines, and installation of standby Diesel generating plant of 2,300 kilovolt-amperes capacity; Gila River Reservation, Ariz., subjugation of approximately 6,000 acres of Indian lands; Colorado River Reservation, Ariz., construction of drainage canals and installation of drainage pumping plant: Flathead project, Montana, construction of storage dam on Miss on Creek and

extension of canals, laterals, and electrical distribution system; Wind River project, Wyoming, construction of storage dam on Little Wind River and extension and enlargement of canals and laterals; Pine River project, Southern Ute Reservation, Colo., rehabilitation and extension of canals and laterals; Wapato project, Yakima Reservation, Wash., repair of storm damage to diversion dam in the Yakima River and installation of drainage pumping plant; Lummi project, Washington, repair of flood damage; Walker River Reservation, Nev., construction of storage dam on Walker River; Fruitland project, Navajo Reservation, N. Mex., enlargement and extension of irrigation system; Hogback project, Navajo Reservation, N. Mex., betterment and extension of irrigation system; and miscellaneous work on some 20 other reservations and pueblos in Arizona, California, Idaho, Nevada, Montana, and New Mexico.

CONSTRUCTION

Funds available for the fiscal year 1935 for construction purposes have been expended in the construction of day schools, hospitals, heating, water, sewer, and power systems, and miscellaneous buildings. A number of projects were completed or nearing completion by June 30, 1935, and our reports indicate that our entire authorized building program will be completed by June 30, 1936.

The design of practically all structures except hospitals has been prepared by an architectural firm in New York, and that of most of our hospital buildings by a firm of Chicago architects, leaving the design of a number of smaller building projects and the majority of our heating, water-supply, sewage-disposal, and power plants, together with the quantity surveys and estimates, for preparation by the technical staff in the Washington office.

The field construction office established at Albuquerque, N. Mex., has not undergone any material change in the past year; but, due to the large number of projects and time limitations set up in the Northwest by climatic conditions, we have found it necessary to augment considerably both the technical and the clerical personnel at the office in Billings, Mont. This increase includes an additional mechanical engineer, responsible for supervision over operating personnel and maintenance and care of mechanical equipment. Construction work supervised by our central office located at Muskogee, Okla., has been more limited in scope and a number of the projects completed, and only a small addition to the technical force has been necessary.

PROBATE WORK

The office now maintains a master docket of probate cases, in which is recorded each case and application for rehearing, the date of receipt, status, and final decision. Inquiries regarding estates are now disposed of the same day as received without the necessity of consulting the files. The saving in time and expense is tremendous. Ability to serve better is practically doubled.

On May 31, 1935, the Secretary of the Interior promulgated the new regulations as drafted by the Probate Division. Many of the provisions had been put into practical use before that date. The results already more than compensate the effort. Examiners of inheritance are handling more cases, more efficiently. Many matters whose doubtfulness previously caused confusion are now controlled by fixed rules based on experience. Indian estates are receiving better and more. prompt attention.

General instruction is being given to all Government employees who are required to prepare Indian wills. All wills must be submitted to this office for examination as to form. Critical study is made to prevent errors of description and the making of devises that cannot in law be given effect. Affidavits by the testator are required, giving the reasons for unusual devises or bequests. This procedure insures the approval of the will, insures the testator that his wishes will be carried out, prevents disputes, and eliminates applications for rehearing.

Evidencing this is the fact that while 2,092 cases were handled during the 1934 fiscal year, 2,516 were disposed of in the fiscal year 1935, with a strong possibility that an increased number will be handled during the coming year.

In all controverted cases the parties are now notified immediately upon decision, and aggrieved parties are required to move for rehearing within 60 days. This brings all possible errors to immediate attention, and prevents applications for rehearing after long lapses of time when a major part of the estate may have been disposed of. The initial work is considerable, but the ultimate saving in labor and expense brings a satisfaction that fully justifies it.

Cooperation between the field and the Washington office is complete. Improvements in practice developed by each examiner of inheritance are interchanged with all, to the end that the best accepted procedure be made available to the Indian, and that, insofar as possible it be made uniform.

We are trying to establish a closer and speedier contact with the probate attorneys of Oklahoma, who are now under the Solicitor and a part of the Probate Division. This effort, and the added work made necessary by the promulgation of the new rules, calls for the designation of an additional attorney. A few years ago there were 4 attorneys assigned to this division; there are now but 2.

REVIEW OF MAJOR LEGISLATION SINCE 1933

A brief review of important legislation passed since March 1933 includes the following:

Old gag laws repealed.-On May 21, 1934, twelve ancient sedition and gag statutes affecting Indians and Indian country were repealed upon the initiative

of the Department of the Interior. These were sections 2111, 2112, 2113, 2120, 2134, 2147, 2148, 2149, 2150, 2151, 2152, and 2153 of the United States Revised Statutes.

The Johnson-O'Malley Act, which passed April 1934 authorizes the making of contracts with the States for services in education, health work, and social work.

Land acts passed during the last 2 years include the following:

Act of May 31, 1933 (48 Stat. L., 108).—This is an act to authorize appropriations to pay in part the liability of the United States to Indian pueblos under the act of June 7, 1924 (43 Stat. L. 636), to non-Indian claimants on Indian pueblo grants whose claims were found by the Pueblo Lands Board to have been for property occupied in good faith.

Act of June 15, 1934 (48 Stat. L., 965).—This is an act to provide for the enrollment of the members of the Menominee Tribe of Indians of Wisconsin. It authorized the preparation of a roll with the existing roll as a basis. The act further provided for certain procedure in enrollment matters before the Interior Department and in the courts where complaint was made as to errors in enrollment proceedings.

Act of June 18, 1934 (48 Stat. L., 979).-This act amends the Chippewa Jurisdictional Act of May 14, 1926 (44 Stat. L., 555), to designate the plaintiffs in the different suits filed in the Court of Claims to include all who are entitled to share in the final distribution of the permanent fund. This act contains certain safeguards to prevent enrollment of persons claiming to be Chippewa Indians of Minnesota but who are not entitled to rights with the tribe.

The act of June 26, 1934 (48 Stat. L., 1240), amends the act of June 19, 1930 (46 Stat. L., 788), providing for the sale of the remainder of the coal and asphalt deposit in the segregated mineral land of the Choctaw and Chickasaw Nations. This act provided for the sale of tracts of less than 960 acres where the smaller tract adjoined a developed tract on which active mining operations are being conducted and which is needed by the operator in further developing the existing mine.

The act of May 29, 1935 (Public, No. 83, 74th Cong.), transferred 168.44 acres from the Minnesota National Forest Reserve for an Indian village for the benefit of the Chippewa Indians.

The act of June 4, 1935 (Public, No. 89, 74th Cong.), authorized an appropriation of $223,162.62 to pay the Chippewa Indians of Minnesota for swamplands in the White Earth Reservation awarded to the State of Minnesota by the Supreme Court of the United States.

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