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Tuition in the Five Civilized Tribes and Quapaw Agency, Okla., was paid during 1936 at a rate of 15 cents per day of actual attendance during the period ending December 31, 1935. For the remainder of the year the amount available was prorated among the districts on the basis of actual daily attendance. During the second half of the fiscal year the rate paid was approximately 8 cents a day, making the rate for the year 11%1⁄2 cents a day.

SUPPORT OF INDIAN SCHOOLS FROM TRIBAL FUNDS

Mr. JOHNSON. The next item is on page 157, under the head of "Support of Indian schools from tribal funds", there appears to be a slight reduction in this item, that is almost astonishing if true. Mr. DODD. I submit the following justification for the record:

Beginning with the fiscal year 1929, a limitation was placed upon the amourt of tribal funds, and revenues derived from school earnings, which could be expended for educational purposes in any one year. Authority for the use of miscel laneous revenues is contained in the act of May 17, 1926 (44 Stat., p. 560), as follows:

"That hereafter al miscellaneous revenues, derived from Indian reservations, agencies, and schools, which are not required by existing law to be otherwise disposed of, shall be covered into the Treasury of the United States under the caption Indian Moneys, Proceeds of Labor', and are hereby made available for expenditure, in the discretion of the Secretary of the Interior, for the benefit of Indian tribes, agencies, and schools on whose behalf they are collected, subject however, to the limitations as to tribal funds imposed by section 27 of the act of May 18, 1916 (Thirty-ninth Statutes at Large, p. 159).

"Sec. 2. The act of March 3, 1883 (Twenty-second Statutes at Large, p. 590), and the act of March 2, 1887 (Twenty-fourth Statutes at Large, p. 463), are hereby amended in accordance with the foregoing."

Indian funds, other than those described in the foregoing law, are used for educational purposes in accordance with provisions of existing laws or treaties relating to the funds in question at the particular jurisdiction involved. The purpose of this item is to show the approximate anticipated expenditures for educational purposes from tribal funds.

Expenditures from these funds for educational purposes have been decreasing for the last few years by reason of the depleted condition of cash balances and failure of income to the tribes. The tribal fund appropriations since 1930 have been:

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By further diminution of these funds it is necessary to transfer to the gratuityeducation appropriation for 1938 additional amounts as follows: Appropriation, 1937, base for 1938..........

Less:

Shoshone Mission, 20 at $125.

St. Michael's (Shoshone), 83 at $125.
Mission schools (Cheyenne River).

Estimate for 1938_.

$330, 820

2,500 10, 375 4, 950

17,825 312, 995

Tuition, mission contract, Shoshone, $12, 875.-The item of tuition at Shoshone is to cover the education of Indian children in contract schools. Contracts during the present year provide for the education of 83 pupils in the St. Michael's Mission School and 20 pupils in the Shoshone Mission. The total amount of the contracts is $12,875, or at the rate of $125 per pupil. These contracts will provide for care of the children during 1938 from gratuity funds.

Cheyenne River.--The income of this tribe has diminished to such an extent that further appropriations from the tribal fund are not justified. We therefore propose to transfer to the gratuity appropriation the sum of $4,950 now being used for care of children in mission schools.

Included in estimate

Chippewa in Minnesota fund..

St. Benedict's (Consolidated Chippewa), 115 at $125.

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Indian moneys, proceeds of labor, reservation and nonreservation schools..

107, 845

Miscellaneous educational expenses, various tribes, including publicschool tuition__.

100, 000

Total____

312, 995

It has been necessary to use tribal funds to some extent for educational expenses of mentally and physically defective children, as requests for use of the fund for aid of such children exceeded the amount available under the appropriation for 1937. To date $4,200 has been authorized from tribal funds for such use.

In addition to Chippewa and Menominee funds used for educational purposes $13,860 was used during 1936 from tribal funds of Indians of the Cheyenne River Reservation. We have authorized $26,000 for tuition so far during 1937.

Some tribal funds are being used for special services for Indian children, usually in public schools, including clothing, school books and supplies, and board of a few children where this was necessary to enable them to attend school. So far $4,700 has been allowed, as follows:

Special services:

Blackfeet...

Shawnee from Sac and Fox tribal funds..

$4,500 200

4, 700

Chippewa in Minnesota fund, $63,750.-There were 3,245 Indian children in the public schools of Minnesota during 1936. Many of the public schools receive assistance under the special authorization of Chippewa funds. These are usually schools in districts having considerable areas of nontaxable land not otherwise provided for by gratuity appropriations. Indian children are well received and the public-school officials of the State take great interest in them. During 1936 over $32,000 was paid from tribal funds for children of the Consolidated Chippewa jurisdiction and $12,000 for children of the Red Lake reservation. This was supplemented by the gratuity appropriation at Red Lake.

Something over $19,000 has been approved from Chippewa tribal funds for care of 40 pupils of the Red Lake jurisdiction enrolled in St. Mary's Mission School and for care of 115 pupils of the Consolidated Chippewa Agency enrolled in St. Benedict's Mission School during 1937. The annual charge per pupil is $125. The capital fund of the Chippewa Indians has been reduced during the last few years to such an extent that interest thereon is not sufficient to meet these charges. Provision must be made for the children, and the charge has therefore been shifted to the principal fund to the credit of the tribe.

Tuition, mission contract, Keshena (Menominee), $41,400.-The boarding school on the Menominee Reservation is being operated under contract with the Bureau of Catholic Indian Missions. The annual cost is $37,500, which provides for the education of 300 pupils on a boarding basis at $125 per capita. A day school at Neopit is also operated under contract with the Bureau of Catholic Indian Missions at an annual cost of $3,900, providing for education of 100 grade students at $25 per capita and 35 high-school students at $40 per capita. This method of educating Menominee children was adopted at the request of the tribe and has resulted in a reduction of expenditures. The per-capita cost for the boardingschool pupils would be on the basis of not less than $305, and the day-school pupils about $80, if in schools operated entirely by the Government.

Indian moneys, proceeds of labor, both reservation and nonreservation schools, $107,845.-The act authorizing the use of this class of funds is quoted earlier in this justification. There follows a statement showing the expenditures in 1936

and the proposed expenditures in 1937 and 1938 for the group of nonreservation boarding schools:

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These funds are used for the purchase of subsistence, supplies, clothing, band instruments, athletic equipment, materials for handcraft, feed for livestock, and numerous miscellaneous items needed in connection with school activities. velopment of the arts and crafts program in our schools will necessitate considerable leeway in use of funds. "Indian moneys, proceeds of labor", will be called into use extensively in connection with this part of the school program.

Miscellaneous educational expenses, various tribes, including public school tuition, $100,000.—Under this heading are included miscellaneous expenditures authorized by treaties or specific acts of Congress, funds being used either for certain definite objects specified or to supplement other available funds. A sample of this type of fund is the one entitled "Interest on Sioux fund, education" from which approximately $10,000 will be used during 1937. This money arises under section 17 of the act of March 2, 1889 (25 Stat., p. 895). This act provides that $3,000,000 shall be deposited in the Treasury to the credit of the Sioux Nation as a permanent fund to bear interest at 4 percent per annum, and the interest is made available for annual expenditures, half for educational purposes and half for annuities. The main fund is being pro rated, and as shares are withdrawn the annual interest available for educational purposes becomes less. There are other funds of a similar nature, but the expenditures therefrom are being reduced each year because of the depletion of the funds. Unforeseen demands may arise during the year which may cause small expenditures from funds of various tribes, if such funds are available. During the present year we are compelled to use tribal funds on some reservations for the purchase of clothing and textbooks for pupils enrolled in public schools. We estimate $100,000 will be used during 1938.

Language change.-The changes in the text of this item are proposed so that it will conform generally to the gratuity item.

CHANGE OF LANGUAGE

Mr. JOHNSON. You suggest some changes in the text of this item. Mr. DODD. This item authorizes the use of $312,995 of tribal funds, for purposes similar to those under the gratuity appropriation item, and the changes in the text of this item will make it read almost identically with the preceding item.

We would like in connection with this item to suggest the same change with reference to the effective date of the contracts that is, in the last two lines of page 157, strike out the words "in advance" and insert the words "from the date of admission."

That amendment will make it follow the language in the previous item.

Mr. JOHNSON. Personally, I see no objection to the amendment. Mr. DODD. The funds in this item are all taken from the various tribes. We transfer out of the item $17,825 of charges heretofore made because the tribal funds have become exhausted. That is made up of $12,875 of funds of the Shoshones in Wyoming, and $4,950 of the Cheyenne River Indians of South Dakota.

Mr. FITZPATRICK. In taking these tribal funds, do you get the approval of the tribes?

Mr. DODD. We seek their approval now if they have organized under the Reorganization Act. Previously we did not seek their approval.

Mr. FITZPATRICK. What do they do to evince their approval? Do they vote on it?

Mr. DODD. Usually, when matters of this sort are presented to the tribes, they are submitted to the tribal council, which is a representative group of the tribe elected by its own people, serving for a given period of time.

Mr. FITZPATRICK. If it is agreeable to them, the funds are used, but, otherwise, you would not take them.

Mr. DODD. We have not gotten the system thoroughly worked out We have been required to do that only since the passage of the Indian Reorganization Act. That act gives the tribes power to veto the disposition of their tribal assets. In another year's time every request for the use of tribal funds will be supported by a resolution of the tribe, which we will present to the committee, or we will present to the committee the objections of the tribe to the use of the funds. Mr. FITZPATRICK. Suppose Congress did not give you that power, would you use it just the same? If they disagreed with you, or did not sanction it, you state that you would then submit it to Congress. Suppose Congress did not take action on it, would you go ahead and use the funds just the same?

Mr. DODD. We would be compelled to follow the action of Congress, because the action of Congress in a way would supersede the 1934 act. Mr. FITZPATRICK. When this gets underway, the tribes' power of veto will not amount to anything.

Mr. DODD. We hope that it will mean something. We hope that Congress will take that into consideration in the use of Indian tribal funds. Over a period of years, many millions of dollars of capital funds of Indian tribes have been used for administrative purposes, and in some cases the tribes have vigorously protested. In one case, the Chippewas of Minnesota filed a suit in the Supreme Court of the District of Columbia, but it was overruled because of the right that Congress had to appropriate those funds. When we went before the Budget Bureau, we had this question before us: We were suggesting the transfer of some of these charges to gratuity appropriations, but the tribes had a balance to their credit, and the Budget disapproved our recommendation.

Mr. FITZPATRICK. Of course, these funds are under your control. Mr. DODD. Yes, sir; but we cannot use them without specific authorization of Congress.

Mr. FITZPATRICK. Assume that you do not get that specific authorization.

Mr. DODD. Then we would have one of two things to do either transfer the charges to gratuity money or cut off the service, because we could not use the funds without specific appropriation by Congress. Included in this estimate is an item of $63,750 for tuition of Chippewa Indians in the State of Minnesota, $41,400 for the Menominees, and $207,845 to be used for miscellaneous educational purposes.

EDUCATION OF UNALLOTTED OSAGE INDIAN CHILDREN, OKLAHOMA

Mr. JOHNSON. On page 159 you have an item for the education of Osage Indians in Oklahoma.

Mr. DODD. I submit the following justification for the record:

The Osage Boarding School was established in 1872 and was operated until 1922, when, by reason of availability of public-school facilities, it was closed. The Osages pay taxes on their surplus land and other property and the Indian children attend public schools with the whites without payment of tuition except for pupils outside of the district where they attend. After closing the boarding school, annual appropriations in varying amounts for educational purposes among this group of Indians were made until the fiscal year 1932. The appropriation was used for salary and expenses of a day-school representative who served as a contact man between the Indians and school-district officials, and for education, through contract arrangement, of certain pupils in the St. Louis Mission Boarding School. Diminishing revenue, and the unequal advantages enjoyed by some members of the tribe in having their children educated at the expense of the tribe, caused the tribal council to refuse to approve the contract for 1931 and in 1932 the appropriatio was discontinued.

It later developed that among the tribe there were Indians who did not share in the distribution of tribal funds, and under date of December 8, 1931, the tribal council adopted a resolution reading in part as follows:

"That the Commissioner of Indian Affairs and Secretary of the Interior be requested and they are hereby requested to authorize the Superintendent of the Ósage Indian Agency to pay to the Sisters of Loretto in charge of the St. Louis Mission School such amount or amounts that may be requisitioned by the Osage Council, or a committee from that body, for education expenses of children of Osage blood in attendance at the said St. Louis school who do not have the funds themselves or their parent to bear such expense, such pupils to be designated by the council or their committee in cooperation with the superintendent."

Based upon the request of the tribal council, an appropriation of $4,000 was obtained in the second deficiency act, fiscal year 1932. Of this amount $1,530 was obligated for expenditure in 1932 in accordance with a resolution of the tribal council dated August 9, 1932.

The council, on August 27, 1932, adopted another resolution requesting the expenditure of not to exceed $2,470 during the fiscal year 1933 for similar purposes, and has approved the expenditure of $2,000 for 1937.

It should be noted that the tribal council, or a committee thereof, will cooperate with the local superintendent in selecting the pupils to benefit by this aid. The council has passed a resolution approving this expenditure for 1938. Mr. JOHNSON. These are tribal funds, and I assume, of course, that this expenditure of tribal funds meets with the approval of the tribal council.

Mr. DODD. Yes, sir; and later on in our justifications there is a complete resolution of the Osage Tribe covering the expenditure of this

amount.

REIMBURSABLE LOANS TO INDIANS FOR PAYMENT OF TUITION, ETC.

Mr. JOHNSON. On page 159 there is an item for reimbursable loans to Indians for the payment of tuition, and for other expenses in connection with the education of Indian children in higher educational institutions.

Mr. DODD. The following justification is submitted for the record: Authority. This appropriation is authorized by section 11 of the Indian Reorganization Act, approved June 18, 1934, which provides that:

"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 balance of previous appropriations made pursuant to this section, for loans to Indians for the payment of tuition and other expenses in recognized vocational and trade schools: Provided, That not more

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