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This is neither an equitable nor an accurate method of procedure. it may so happen that during the course of a year the road equipment nay not require repairing or servicing to the extent of the charge made igainst the roads appropriation, but there is no authorized or practic
ble method by which this discrepancy may be adjusted. Under the proposed language, it will be possible to maintain a central garage from one appropriation and to distribute the cost upon the basis of actual work performed. For example, if the garage were being maintained from the agency support fund and work were performed on equipment belonging to the health division, the appropriation for that activity would be billed for the actual cost of the work, the amount of the charge being credited back to the agency support fund. The single instance in which the agency fund would not be reimbursed would be for the cost of work performed on agency equipment. This would be 1 proper charge against the agency fund and should therefore stand as permanent one.
It is believed that the proposed method of procedure is in line with commercial practice, that it will facilitate accounting, and that it will result in appropriations for particular activities bearing the exact cost of maintenance and operation of equipment used by such activities.
ITEMS AUTHORIZING FUNDS FOR CERTAIN PURPOSES Mr. Johnson. On page 261 there are two items authorizing the use of funds for certain purposes.
Mr. Dodd. The items on page 261 are continued in each year's bill, and merely authorize the use of the appropriations in the bill for the purchase of ice, rubber boots for use of employees, traveling expenses, and so on.
Mr. JOHNSON. The item for payment to Mrs. Earl H. Smith is bracketed.
Mr. Dodd. This item was inserted in the last deficiency appropriation act to comply with the authorization contained in the act of April 10, 1936, Private, No. 448, Seventy-fourth Congress, reading as
That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $504.41 to Mrs. Earl H. Smith, administratrix of the estate of Earl H. Smith, for labor performed by the said Earl H. Smith in full settlement in the construction of the Indian hospital at Tomah, Wis.
Appropriate steps have been taken to pay the claim.
PERMANENT AND INDEFINITE APPROPRIATIONS
MISCELLANEOUS TRUST FUNDS OF INDIAN TRIBES Mr. Johnson. The Budget, in addition to the appropriation items embraced in this bill, also includes expenditures from trust and other funds. The first of these items is for miscellaneous trust funds of Indian tribes, $4,500,000. . Mr. Dodd. I offer the following justification in explanation of that item:
No part of this money represents a charge upon the Federal Treasury. It covers disbursement of funds credited to tribes or bands under numerous special acts of Congress. The item as it appears in the Budget from year to year merely
sets forth the contemplated expenditures from trust funds of Indian tribes fa numerous purposes specified by the specific acts of Congress relating to such tribes. These purposes are varied and include per-capita distributions to Indians, operstion of lumber mills, payment of attorneys' fees, insurance on tribal properts, and many other features.
Trust funds have been created from time to time either by treaty provision act of Congress and money has accrued to the credit of many tribes.
Section 27 of the act of May 18, 1916 (39 Stat. 158), directed the submission annually to Congress of recommendations by the Secretary of the Interior, through the Secretary of the Treasury, as to the amounts to be expended from Indiso tribal funds for certain purposes. In this same section the following provision appears:
That hereafter no money shall be expended from Indian tribal funds without specific appropriation by Congress except as follows: Equalization of allotments education of Indian children in accordance with existing law, per-capita and other payments, all of which are hereby continued in full force and effect."
Since the enactment of this legislation annual estimates have been submitted to cover specific authorizations to use Indian tribal funds for administrative an other purposes. Legislation was contained in the same act, however, with refer ence to lumber operations on both the Menominee and Red Lake Reservation which permits a continuation of the use of revenues accruing to the respective tribes from the manufacture and sale of timber in conducting these industrial Subsequent to the effective date of the legislation quoted other laws have ben enacted which direct the expenditure of tribal funds for certain purposes, withod regard to the requirement above quoted. These expenditures are accounted fr in the statements appearing in the annual budget under the heading of Indic trust funds.
Some of the acts authorizing the use of Indian funds without specific appropriation thereof follow:
Act of March 28, 1908 (35 Stat. 51), relating to the operation of the Menominee mills in Wisconsin:
"SEC. 4. That the Secretary of the Interior is hereby authorized to pay, out of the funds of the tribe of Indians located upon said reservation, the necessary expenses of the lumber operations herein provided for, including the erection of sawmills, equipment and necessary buildings, logging camps, logging equipment, the building of roads, improvement of streams, and all other necessary expenses including those for the protection, preservation, and harvest of the forest upon suct reservation."
Act of May 18, 1916 (39 Stat. 138), created the Red Lake Indian forest, and the act of June 30, 1919 (41 Stat. 14), provides:
"That hereafter all proceeds of sales of timber products manufactured at the Red Lake Agency sawmill, or so much thereof as may be necessary, shall be available for expenses of logging, booming, towing, and manufacturing timber af said mill."
Act of March 2, 1907 (34 Stat. 1221):
“That the Secretary of the Interior is hereby authorized, in his discretion, from time to time, to designate any individual Indian belonging to any tribe or tribe whom he may deem to be capable of managing his or her own affairs, and he mar cause to be apportioned and allotted to any such Indian his or her pro-rata share o any tribal or trust funds on deposit in the Treasury of the United States to the credit of the tribe or tribes of which said Indian is a member, and the amount apportioned and allotted shall be placed to the credit of such Indian upon the books of the Treasury, and the same shall thereupon be subject to the order of such 19dian: Provided, That nc apportionment or allotment shall be made to any Indian until such Indian has first made an application therefor: Provided further, The the Secretaries of the Interior and of the Treasury are hereby directed to with hold from such apportionment and allotment a sufficient sum of the said India funds as may be necessary or required to pay any existing claims against 38 Indians that may be pending for settlement by judicial determination in the Court of Claims or in the Executive Departments of the Government, at the time of such apportionment and allotment.
"SEC. 2. That the Secretary of the Interior is hereby authorized to pay ang Indian who is blind, crippled, decrepit, or helpless from old age, disease, or ac dent, his or her share, or any portion thereof, of the tribal trust funds in United States Treasury belonging to the tribe of which such Indian is a member and of any other money which may hereafter be placed in the Treasury for t credit of such tribe and susceptible of division among its members, under su rules, regulations, and conditions as he may prescribe."
Act of May 18, 1916 (39 Stat. 128):
“That section 2 of the act approved March 2, 1907 (34 Stat. L. 1221), entitled An Act providing for the allotment and distribution of Indian tribal funds', be, nd the same is hereby, amended to read as follows:
""That the pro-rata share of any Indian who is mentally or physically incapable f managing his or her own affairs may be withdrawn from the Treasury in the liscretion of the Secretary of the Interior and expended for the benefit of such ndian under such rules, regulations, and conditions as the said Secretary may prescribe: Provided, That said funds of any Indian shall not be withdrawn from he Treasury until needed by the Indian and upon his application and when approved by the Secretary of the Interior.'”
Section 5 of the act of March 3, 1921 (41 Stat. 1250), relating to Osage matters, provides in part as follows:
That the State of Oklahoma is authorized from and after the passage of this ict to levy and collect a gross production tax upon all oil and gas produced in Osage County, Oklahoma, and * * * the Secretary of the Interior is hereby authorized and directed to pay, through the proper officers of the Osage Agency, to the State of Oklahoma, from the amount received by the Osage Tribe of Indians as royalties from production of oil and gas, the per centum levied as cross production tax, to be distributed as provided by the laws of Oklahoma: Provided, That the Secretary of the Interior is hereby authorized and directed to pay, through the proper officers of the Osage Agency, to Osage County, Oklahoma, an additional sum equal to one per centum of the amount received by the Osage Tribe of Indians as royalties from production of oil and gas, which sum shall be used by said county only for the construction and maintenance of roads and bridges therein.
The act of February 27, 1925 (43 Stat. 1008), also relating to Osage matters, provides:
"That the Secretary of the Interior shall cause to be paid at the end of each fiscal quarter to each adult member of the Osage Tribe of Indians in Oklahoma having a certificate of competency, his or her pro rata share, either as a member of the tribe or heir or devisee of a deceased member, of the interest on trust funds, the bonus received from the sale of oil and gas leases, the royalties therefrom, and any other moneys due such Indian received during each fiscal quarter, including all moneys received prior to the passage of this Act and remaining unpaid; and 80 long as the accumulated income is sufficient the Secretary of the Interior shall cause to be paid to the adult members of said tribe not having a certificate of competency $1,000 quarterly, except where such adult members have legal guardians, in which case the amounts provided for herein may be paid to the legal guardian or direct to such Indian in the discretion of the Secretary of the Interior, the total amounts of such payments, however, shall not exceed $1,000 quarterly except as hereinafter provided; and shall cause to be paid for the maintenance and education, to either one of the parents or legal guardians actually having personally in charge, enrolled or unenrolled, minor member under twenty-one years of age, and above eighteen years of age, $1,000 quarterly out of the income of each of said minors, and out of the income of minors under eighteen years of age $500 quarterly, and so long as the accumulated income of the parent or parents of a minor who has no income or whose income is less than $500 per quarter is sufficient, shall cause to be paid to either of said parents having the care and custody of such minor $500 quarterly, or such proportion thereof as the income of such minor may be less than $500, in addition to the the allowances above provided for such parents."
Expenditures.-There follows a statement showing expenditures from trust funds from the fiscal year ended June 30, 1925, through the fiscal year ended June 30, 1936:
$954, 461. 25
33, 531, 847. 90 1927.
20, 058, 114. 64 1928.
16, 664, 281. 47
11, 862, 575. 00 1930.
9, 706, 325. 00
7. 204. 746. 00 1932..
4, 500, 211.00
4, 315, 822. 00 1934.
4, 494, 132.00 1935
7, 755, 064. 00 4, 100, 000.00
A large percentage of the annual expenditures reported under this item covers per capita payments to a number of tribes or bands. For the fiscal year 1936 : total of $1,870,140 was so expended, some being authorized by continuing or permanent legislation, the balance being specifically directed by individual enactments of Congress.
The Permanent Appropriation Repeal Act approved June 26, 1934, did not affect the method of appropriating or accounting for these funds. Section 20 d the act provides:
"(a) The funds appearing on the books of the Government and listed in subsections (b) and (c) of this section shall be classified on the books of the Treasury as trust funds. All moneys accruing to these funds are hereby appropriated, and shall be disbursed in compliance with the terms of the trust. Hereaiter moneys received by the Government as trustee analogous to the funds named * * * shall likewise be deposited into the Treasury as trust funds with apprépriate title, and all amounts credited to such trust fund accounts are hereby appropriated and shall be disbursed in compliance with the terms of the trust: ****** (67) Miscellaneous trust funds of Indian tribes."
PROCEEDS OF LABOR OF SUNDRY INDIAN TRIBES
Mr. JOHNSON. The next is "Indian moneys, proceeds of labor", $200,000.
Mr. Dond. The following statement is submitted for the record:
Moneys under this heading formerly represented assets of Indian tribes y bands. The only place that this so-called appropriation appears is in the annua! Budget, although in the Interior Department appropriation bill numerous & thorizations from tribal funds have appeared and a considerable portion of the amounts authorized have, in the past, been payable from funds classed as "Indias moneys, proceeds of labor." Appropriations are made for general administration purposes, conservation of health, education of Indian children either in Government day or boarding schools, local public schools or mission institutions, operstion and maintenance of irrigation projects, maintenance of tribal property and other closely related features of Indian administration. Moneys accruing to the tribes are now interest bearing and classed as trust funds. Thus this item was materially reduced for 1935.
Authorization for expenditure of these funds is found in the following enactments by Congress:
Act of March 3, 1883 (22 Stat. 590):
“The proceeds of all pasturage and sales of timber, coal or other product of any Indian reservation, except those of the Five Civilized Tribes, and not the result of labor of any member of such tribe, shall be covered into the Treasury for the benefit of such tribe under such regulations as the Secretary of the Interior shall prescribe; and the Secretary shall report his action in detail to Congress at its best session.''
Act of March 2, 1887 (24 Stat., 463):
“That the Secretary of the Interior is hereby authorized to use the money which has or may hereafter be covered into the Treasury under the provisio of the act approved March third, eighteen hundred and eighty-three, and which is carried on the books of that Department under the caption of Indian Money Proceeds of Labor', for the benefit of the several tribes on whose account salt money was covered in, in such way and for such purposes as in his discretion De may think best, and shall make annually a detailed report thereof to Congress
Act of May 17, 1926 (44 Stat., 560):
“That hereafter all miscellaneous revenues derived from Indian reservation. agencies, and schools, which are not required by existing law to be otherwise a posed of, shall be covered into the Treasury of the United States under the cap tion 'Indian Moneys, Proceeds of Labor', and are hereby made available expenditure, in the discretion of the Secretary of the Interior, for the benen the Indian tribes, agencies, and schools on whose behalf they are collected, ject, however, to the limitations as to tribal funds, imposed by section 27 ol act of May 18, 1916 (39 Stat. L. 159).
"Sec. 2. The act of March 3, 1883 (22 Stat. L. 590), and the act of Marc 1887 (24 Stat. L. 463), are hereby amended in accordance with the foregoinkinde
There follows a statement showing expenditures by fiscal years from " classed as Indian Moneys, Proceeds of Labor, from 1925 to 1936, both incluse
$23, 577, 687. 14 1926.
2, 475, 740. 92 1927
2, 443, 407. 89 1928
1, 950, 035. 74 1929.
2, 286, 436. 00 1930.
3, 822, 740.00 1931.
1, 270, 697. 00 1932.
1, 227, 178. 00 1933.
546, 825. 00 1934.
146, 071. 00 1935...
237, 500. 00 1936...
164, 353. 00 Total
40, 248, 651. 69 Practically all expenditures during 1938 will be from accruals to this fund from school and agency activities.
DISPOSITION OF CHARGES ARISING FROM LICENSES Mr. Johnson. The last item is for the disposition of certain charges arising from licenses. The amount is $15,000.
Mr. Dodd. The following amounts were collected by the Federal Power Commission under the provisions of the Federal Water Power Act of June 10, 1920 (41 Stat., p. 1072), and the act of June 13, 1930 (46 Stat., p. 584), and were deposited in the Treasury under the receipt caption “Licenses under Federal Power Act from Indian reservations, T. F.” (name of tribe). Thereafter appropriation warrants were drawn by the Treasury crediting the proceeds of labor fund of the particular tribes involved, as authorized by section 17 of the above act.
Lac Courte Oreille Indians, Wisconsin....
5. 00 1,500.00
5.00 111.09 119.53
.61 5.00 25.00
2. 45 39.00 1.00 8.38 27.50