The Public Law 91-403, September 18, 1970 provided for reimbursement to the Ute Tribe of the Uintah and Ouray Reservation for funds that were used to construct, operate and maintain the Uintah Indian irrigation project, Utah and for other purposes. Ute tribal funds used to construct, operate and maintain the project, less the deduction provided in the act, plus interest at 4 percent per annum from the date of withdrawal from the Treasury to the date of the act, totaled to $3,561,699.79. Section 1 of the act provided for reimbursement to the tribe. P.L. 91-665, January 8, 1971, appropriated $3,561,699.79 for this payment. Section 2 of the act provides for reimbursement to Indians and former members of the Ute Indian Tribe of the Uintah and Ouray Reservation terminated by the act of August 27, 1954 (68 Stat. 868) who sold project lands that were nonirrigable for the construction, operation and maintenance charges which were collected from the proceeds of such sales. This represents the $65,000 supplemental request. Public Law 91-403 91st Congress, H. R. 16416 An Act To reimburse the Ute Tribe of the Uintah and Ouray Reservation for tribal funds that were used to construct, operate, and maintain the Uintah Indian irrigation project, Utah, aud for other purposes. costs, reimburse ment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Uintah Indian the Interior is authorized to reimburse the Ute Indian Tribe of the irrigation projUintah and Ouray Reservation in Utah for tribal funds that have been eot, Utah. used for the construction, operation, and maintenance of the Uintah Construction Indian irrigation project, Utah, computed and adjusted as follows: (a) With respect to construction charges, the tribal funds originally involved amounted to $920,112.74. From that sum there shall be deducted the amount of $275,864.25, which represents a reimbursement of tribal construction funds under a judgment of the United States Court of Claims for the portion of the construction costs chargeable against non-Indian lands. From the balance so calculated, there shall be deducted an amount equal to the construction charges against irrigable land (determined according to the approved designation of 1964) which were collected from the proceeds of sales of land and deposited in the tribal accounts. From the balance so calculated there shall be deducted $1,250, which represents the tribal funds used to purchase the following described lands, title to which was taken in the name of the United States and which hereafter shall be held by the United States in trust for the tribe: west half southwest quarter southeast quarter southeast quarter section 18, township 1 south, range 1 east, containing 5 acres; south half southeast quarter northeast quarter northeast quarter section 36, township 1 south, range 4 west, containing 5 acres; northeast quarter northeast quarter southwest quarter section 32, township 1 north, range 1 west, containing 10 acres; and 84 STAT. 843 southwest quarter southwest quarter southwest quarter south- 84 STAT. 844 west quarter section 12, township 1 south, range 4 west, containing 2.5 acres, all in Uinta special base and meridian, Utah. The balance so calculated shall be increased by adding interest on the amounts that comprise the $920,112.74 from the end of the year in which each amount was originally used for the project to January 28, 1958, the date of the Court of Claims judgment, and interest from January 28, 1958, to the date of this Act on $920,112.74 adjusted by the deductions provided for in the foregoing provisions of this subsection. (b) With respect to operation and maintenance charges, the tribal funds originally involved amounted to $529,828.20. From that sum there shall be deducted the amount of $158,856.17, which represents a reimbursement of tribal operation and maintenance funds under a judgment of the United States Court of Claims for the portion of the operation and maintenance costs chargeable against non-Indian lands. From the balance so calculated, there shall be deducted an amount equal to the operation and maintenance charges against irrigable land (determined according to the approved designation of 1964) which were collected from the proceeds of sales of land and other sources and deposited in the tribal accounts. The balance so calculated shall be increased by adding interest on the amounts that comprise the $529,628.20 from the end of the year in which each amount was origi nally used for the project to January 23, 1958, the date of the Court of Claims judgment, and interest on the amounts that comprise the balance calculated pursuant to the first three sentences of this subsection, from January 28, 1958, or the end of the year in which cach amount was used for the project to the date of this Act. 84 STAT. 844 70 Stat. 935; 76 Stat. 597. Mixed-blood members, payment. Conditions. Pub. Law 91-403 - 2 September 18, 1970 SEC. 2. The Secretary of the Interior is authorized to reimburse Indians and former members of the Ute Indian Tribe of the Uintah and Ouray Reservation terminated by the Act of August 27, 1954 (68 Stat. 868) who sold project lands that were nonirrigable (determined according to the approved designation of 1961) for the construction, operation, and maintenance charges which were collected from the proceeds of such sales. SEC. 3. Twenty-seven and one hundred and sixty-two one-thousandths per centum (27.162 per centum) of the sum determined to be due the tribe under section 1 hereof shall be paid by the Secretary of the Interior, not withstanding any other provision of law, to the persons whose names appear on the roll of mixed-blood members that was prepared pursuant to section 8 of the Act of August 27, 1954, or to their heirs or legatces, under such rules as the Secretary may prescribe. All claims for payment by mixed-bloods shall be filed not later than three years from the date of this Act. Thereafter, all claims and the right to file the same shall be forever barred and the unclaimed shares shall revert to the Ute Indian Tribe of the Uintah and Ouray Reservation. SEC. 4. No part of any of the funds appropriated in accordance with the provisions of this Act shall be subject to attorneys' fees. SEC. 5. Reimbursement of the Ute Indian Tribe, its members, or its former members, as provided in this Act shall be regarded as a gratuity, shall not be regarded as the settlement of a claim against the United States, shall not be recognized as the basis for any claim against the United States, and shall not prejudice any litigation now pending. Approved September 18, 1970. LEGISLATIVE HISTORY: HOUSE REPORT No. 91-1152 (Co. on Interior and Insular Affairs). June 15, considered and passed House. HIGHER EDUCATION SCHOLARSHIPS Mrs. HANSEN. Mr. Wiles, I have a memorandum from The Bureau of Indian Affairs regarding higher education. There is a total of 3,453 students that lack student funds. The BIA has funded to date 10,049 students. You know your budget carried additional sums this year for education. I want you to send to the committee a response to this memorandum. The memorandum states: There are currently an additional 2,479 students eligible for funding for the fall semester 1972 and 974 eligible students for the spring 1973 semester. The estimated dollars needed to cover these 3,453 students is $3,814,580. The most pressing needs are for Oklahoma with 682 students, South Dakota with 525 students, Arizona with 418 students, North Dakota with 348 students, and Alaska with 320 students. There are three salient points worth noting. One is the higher retention rate of Indian students in higher education institutions (the dropout rate decreased from 18.6 percent in 1965 to 14.2 percent in 1972). The second is the higher cost of living coupled with increased applications for grants. The third is the increase in applications for married and/or graduate grants. The combination of these three factors has led in some instances to lower grants. Thus, some of the Indian students currently being funded for first semester may be forced to leave school second semester unless additional funds are made available. This is signed by Mary A. Monsen, Acting Chief, Division of Program Review. So it would seem to me that some way should be found for a reprograming, at least as far as personnel is concerned, to find the funds for these grants so that no one has to leave school the second semester, after they have started. Mr. WILES. Very well. Mrs. HANSEN. Obviously it isn't very practicable to start someone the first semester and then have him leave. Mr. WILES. If my memory is right, I believe we had $15 million in 1973 for higher education. I am working from memory. Mrs. HANSEN. I think you did. Mr. WILES. And this committee approved it Mrs. HANSEN. I believe the committee increased those funds. Mr. WILES. Yes. Mrs. HANSEN. We provided money for Navajo scholarships. We provided additional funds for the regular scholarship program. Mr. WILES. I will check on it for you. |