To specify the tribes whose funds would be used is not feasible 18 months in advance of the time when the appropriation will cease to exist. But in no event can the fund be used for purposes other than those specified in the item, and then only when the expenditure is requested by the tribe.

Language changes. Changes in text will permit (a) purchase of supplies and equipment required for official use of tribal councils; (b) payment of per diems, rather than to compel Indians to take receipts, and to submit itemized expense vouchers when some members of councils cannot speak, read, or write the English language; (c) payment of mileage for use of personally owned automobiles-on some reservations the only means of speedy conveyance. The foregoing items explain the changes made in the last proviso.

Mr. DODD. You will notice on going down to the bottom of the item that some of the text has been omitted. What happens in connection with that is that the per-diem limit is set at $5 instead of $6 as shown at the bottom of the page.

We have had some difficulty which more recently has been corrected with the General Accounting Office as to whether or not we could pay an Indian a per diem or not, their ruling first being that they had to travel under the standard travel regulations, and not being employees of the Federal Government they could only pay them on an actual expense basis.

We do not expect full-blood Indians to take receipts and keep records of their expenses. You cannot expect that. We did not recommend the limit of $5. We felt that $6 in the discretion of the Secretary was more appropriate, but the Budget in standardizing the per-diem allowance felt that the best thing to do would be to limit it to $5.

ROADS AND BRIDGES

GALLUP-SHIPROCK HIGHWAY, NEW MEXICO

Mr. JOHNSON. The next item is on page 248 and is for the maintenance of the Gallup-Shiprock Highway in New Mexico.

Mr. DODD. There is no change in that item. That item is recognized by special act of Congress. The justification is as follows:

The act of June 7, 1924 (43 Stat., p. 606), authorized an appropriation of $20,000 for maintenance of that portion of the Federal-aid highway across the Navajo Indian Reservation from Gallup to Shiprock, N. Mex. This act reads as follows: "That there is hereby authorized to be appropriated annually, out of any money in the Treasury not otherwise appropriated, the sum of $20,000, or so much thereof as may be necessary for each fiscal year, to be expended under the direction of the Secretary of the Interior, for maintenance of that portion of the Federal-aid highway from Gallup, New Mexico, to Shiprock, New Mexico, across the Navajo Indian Reservation, reimbursable from the tribal funds of the Indians of said reservation: Provided, That Indian labor shall be employed as far as practicable: Provided further, That if no funds are available, no expenditure shall be made." Authorization for the use of $20,000 of Navajo tribal funds for maintenance and repair of this road was contained in the act of March 3, 1925 (43 Stat., p. 11411163). As Navajo tribal funds became depleted, beginning with the act of March 7, 1928 (45 Stat., p. 200–225), the necessary annual appropriations were made from public funds to be reimbursed, however, from future accruals to such funds.

This road is a part of United States Highway 666 from Gallup, N. Mex., to Cortez, Colo., where it joins United States Highway 160. The distance from the southern boundary of the reservation to Shiprock is 62.5 miles. The road was constructed with the joint use of Federal aid, State, and county funds. Because of the large area of Indian land in the State and consequent low income from taxation of Indian lands and other property, it is necessary that funds be provided for maintenance of the portion of this highway within the Navajo Reservation. 139751-37-pt. 1-87

Repair and maintenance expenditures are quite high in some years because of damage by flood and storm conditions. The item provides specifically that for other than supervision and engineering only Indian labor shall be employed iz maintenance and repair work.

CONSTRUCTION, IMPROVEMENT, REPAIR, AND MAINTENANCE OF INDIAN RESERVATION ROADS

Mr. JOHNSON. The next item is in regard to the construction. improvement, repair, and maintenance of Indian reservation roads. Mr. DODD. I submit the following justification for the record: Appropriations for road and bridge work on Indian reservations have been authorized by the following acts of Congress:

"That appropriations are hereby authorized out of any money in the Treasury not otherwise appropriated for material, equipment, supervision, and engineering, and the employment of Indian labor in the survey, improvement, construction, and maintenance of Indian reservation roads not eligible to Government under the Federal Highway Act and for which no other appropriation is available. under such rules and regulations as may be prescribed by the Secretary of the Interior. (May 26, 1928, 45 Stat., p. 750.)

"SEC. 8. For construction and improvement of Indian reservation roads under the provisions of the Act approved May 26, 1928 (45 Stat. 750), there is hereby authorized to be appropriated the sum of $4,000,000 for the fiscal year ending June 30, 1936, and the sum of $4,000,000 for the fiscal year ending June 30, 1937. (Act of June 19, 1934, 48 Stat., p. 1058.)

"SEC. 6. For construction and improvement of Indian reservation roads under the provisions of the Act approved May 26, 1928 (45 Stat. 750), there is hereby authorized to be appropriated the sum of $4,000,000 for the fiscal year ending June 30, 1938, and the sum of $4,000,000 for the fiscal year ending June 30, 1939 Provided, That hereafter the location, type, and design of all roads constructed under the provisions of said Act of May 26, 1928, shall be approved by the Bureau of Public Roads before any expenditures are made thereon, and all such construc tion done by contract shall be under the general supervision of said Bureau (June 16, 1936)."

Prior to obtaining allotments in 1933 from the Public Works Administration, very little money had been made available for road construction on Indist reservations, $500,000 granted for the fiscal year 1932 being the largest sum, except when $1,000,000 was provided by the Emergency Construction Act of

1932.

Road work provides a popular form of employment among the Indians, and an appropriation of $4,000,000 per year as authorized by the Hayden-Cartwright Acts can be used advantageously in continuing this desirable activity on Indian reservations. It would serve two purposes, namely: (1) Provide needed employ ment among the Indians even in normal times; and (2) provide improved graveled roads so sorely needed on most of the reservations, more so now that the success of the day-school program is largely dependent on all-weather school bus roads. An appropriation of $4,000,000 a year for road improvements on approximately 200 Indian reservations of some 70,000,000 acres of land in 22 States is not exces sive, particularly in view of the fact that road development on many of the reservations is far behind the normal development in surrounding areas. The amount requested for 1938, however, is only $3,000,000 or $1,000,000 less that the authorization, and $500,000 less than the 1937 appropriation.

The following figures indicate what has been accomplished during the year ended June 30, 1936:

1,296 miles of new road constructed.

5,220 miles of old road improved.

686 miles of road graveled.

339 bridges constructed. 234 old bridges repaired. 2,572 culverts constructed. 14,201 Indians employed.

1,278 Indians in skilled positions.

480 white men in skilled positions.

This is a creditable showing, particualrly in view of the fact that many of the Indian reservations are located in mountainous regions of the west, where construction costs are high. Upward of 70 percent of every dollar goes into the laborer's pocket.

In addition to work performed by the Indian Service we have had some projects under construction where a small amount of this appropriation is posted as the sponsor's share in connection with work relief projects prosecuted under the Works Progress Administration. Such projects generally are of direct benefit to the public with reservation benefits being incidental.

The Indian Service is constructing secondary roads that will best serve the needs of the Indians in the administration of their property. Experienced road engineers are employed to insure the best location of each road so that money expended will not have been wasted should it ever be decided to improve any of the roads to a higher standard at a later date. There is close cooperation with the Bureau of Public Roads, the various States, and other organizations in road matters of mutual interest.

The table following shows allotments by reservations for road construction from the $4,000,000 Public Works Administration allotment made in 1933; from the $2,000,000 provided by the act of June 19, 1934 (48 Stat., p. 1058); from the $4,000,000 provided in the Interior appropriation act for 1936; and the $3,500,000 appropriated for 1937:

Language change.-The change of date and statute reference is made to conform to the Hayden-Cartwright Act passed during the last session of Congress.

The proviso will permit purchase, lease, construction, or repair of buildings needed in connection with road work on Indian reservations. Much heavy machinery has been purchased, but storage facilities are not available for it. On some reservations we have erected temporary shelters, but we need permanent structures providing not only for storage but for repair of such equipment. In some instances it may be desirable to purchase or rent such facilities. A limitation of $7,500 on the cost of new construction is specified.

ROAD THROUGH OWYHEE CANYON, DUCK VALLEY INDIAN RESERVATION

Mr. SCRUGHAM. The road between the Owyhee Indian Reservation and the reservation irrigation reservoir in Owyhee Canyon, several miles away, is in band condition. It is used by a number of people, and there is also a heavy through traffic over the road between nearby towns and the railroad terminal at Elko, Nev., about 100 miles away.

The total cost of the proposed improvements between Owyhee ReserIvation and the reservoir will be about $400,000. Of this amount the Indian benefit is calculated to be about 10 percent, or $40,000. The remainder of the cost will be paid from other sources. It is my intention to ask the committee to include this $40,000 appropriation in the Indian road allotment for 1938. I have suggested to Senator McCarran that he come before this committee and give them the benefit of his observations in the matter.

EMPLOYMENT OF ENGINEER TO MAKE MAPS IN THE DISTRICT OF COLUMBIA

Mr. DODD. On page 249 I should like to ask that the $8,000 limitation for personal services in the District of Columbia be increased to $11,200.

Mr. JOHNSON. What is the reason for that?

Mr. DODD. To provide for the employment of an engineer who can keep our reservation maps of roads that we construct up to date. We have only three people in our roads section here in Washington, and we need a man who is capable of doing that type of work. The rest of the work is done in the field. That has been discussed in the office since the budget was prepared, and we feel it is necessary to do that.

CONSTRUCTION, REPAIR, OR

REHABILITATION

BUILDINGS AND UTILITIES

OF

Mr. JOHNSON. Now we come to a gratuity item, for new construction and major repairs. This apparently is a new item.

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

Practically no direct appropriations have been made for construction work in the Indian Service since 1932 except for some few irrigation projects and appropriations for the construction, repair, and maintenance of roads. The construction needs of the Indian Service have been met since the summer of 1933 through allotments made to us by the Public Works Administration principally from the original Public Works appropriation of $3,300,000,000. A total of $29,795,225 has been allotted from emergency funds for 618 projects scattered among nearly all of our field jurisdictions. These allotments, however, have covered approximately 1,340 separate construction projects. Of the total amount allotted, approximately $4,000,000 was for road construction, repair, and maintenance, and about $10,000,000 was for the development of water supplies and irrigation projects. Deducting these two items leaves, in round figures, $15,800,000 for the construction of physical improvements such as hospitals, day schools, quarters for personnel, heating and power plants, sewer and water systems, and other miscellaneous types of projects essential to the successful administration of Indian affairs.

The first allotment was made in August 1933, or near the beginning of the fiscal year 1934. All unobligated funds expire on June 30, 1937. The $15,800,000 above mentioned has covered the construction needs for a period of approximately 4 years. This has given an average of $3,952,695 a year for the construction of physical improvements, exclusive of irrigation developments and road projects. For 1932, $5,570,440 was appropriated for construction purposes in the Indian Service, exclusive of roads but including irrigation work. Notwithstanding the availability of emergency funds, there has been no expansion in Indian Service construction based upon the appropriation made for 1932.

For consideration in connection with the annual 6-year construction program, field superintendents have presented needs in excess of $60,000,000. Some items are extremely meritorious. In an effort, however, to keep our request for construction funds within an amount that may reasonably be expended or obligated during the next fiscal year, we have culled these needs and included in this estimate items of an urgent nature. Of the total requested, $463,500 is to replace moneys once allotted by the Public Works Administration but later taken away