(a) by a judgment or decree of a State court; (c) by a written adoption approved by the superintendent of the agency having jurisdiction over the tribe of which either the adopted child or the adoptive parent is a member, and duly recorded in a book kept by the superintendent for that purpose; or (d) by an adoption in accordance with a procedure established by the tribal authority, recognized by the Department of the Interior, of the tribe either of the adopted child or the adoptive parent, and duly recorded in a book kept by the tribe for that purpose; or (2) Unless such adoption shall have been recognized by the Department of the Interior prior to the effective date of this Act or in the distribution of the estate of an Indian who has died prior to that date: Provided, That an adoption by Indian custom made prior to the effective date of this Act may be made valid by recordation with the superintendent if both the adopted child and the adoptive parent are still living, if the adoptive parent requests that the adoption be recorded, and if the adopted child is an adult and makes such a request or the superintendent on behalf of a minor child approves of the recordation. SEC. 2. This Act shall not apply with respect to the distribution of the estates of Indians of the Five Civilized Tribes or the Osage Tribe in the State of Oklahoma, or with respect to the distribution of estates of Indians who have died prior to the effective date of this Act. SEC. 3. This Act shall become effective six months after the date of its approval. Approved, July 8, 1940. [CHAPTER 565] AN ACT To authorize exchanges of lands within the Navajo Indian Reservation, Arizona. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to exchange tribal lands within the Navajo Indian Reservation in Arizona for privately owned mineral lands of approximately equal value within the boundary of such reservation. Upon conveyance to the United States in trust for the Navajo Indians of the lands being acquired by the United States, the Secretary of the Interior is authorized to issue a patent in fee covering the lands granted in exchange: Provided, That the sufficiency of title to all such lands acquired by the United States shall be approved by the Secretary of the Interior. Approved, July 10, 1940. [CHAPTER 629] AN ACT To authorize the use of certain facilities of Indian reservations, national parks, and national monuments for elementary school purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to facilitate the providing of educational opportunities for children of Government employees and other residents in Indian reservations, the national parks and national monuments the Secretary of the Interior is hereby authorized in his discretion to make available for elementary school purposes therein, without charge, space in Government-owned buildings, when such space may be available for such purposes without detriment to the official business of such Indian reservations, national parks and national monuments. Approved, July 16, 1940. [CHAPTER 687] AN ACT Relating to the issuance by the Secretary of the Interior of a patent to the State of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior may cancel the patent issued on August 24, 1886, to Joe Blair, as allottee numbered 4 of the Fond du Lac Indian Reservation, Minnesota, for the north half of the northeast quarter of section 30, township 49 north, range 17 west, of the fourth principal meridian in Minnesota, and may issue to the State of Minnesota as a fee-simple patent for the tract of land described. If issued, the fee-simple patent shall operate as a full and complete conveyance of any and all right, title, or interest that the heirs of Joe Blair, deceased allottee numbered 4 of the Fond du Lac Indian Reservation, Minnesota, and that the United States of America may have in and to said described lands. Prior to the issuance of such patent, the Secretary of the Interior may require the State of Minnesota, at its expense, to furnish satisfactory evidence that there are no outstanding liens, encumbrances, or other conveyances of record against said lands other than the original patent issued under date of August 24, 1886, to the said Joe Blair covering the lands hereinabove described. Approved, August 22, 1940. [CHAPTER 715] AN ACT To amend the Federal Aid Act, approved July 11, 1916, as amended and supplemented, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of carrying out the provisions of the Act entitled "An Act to provide that the United States shall aid the States in the construction of rural 1post roads, and for other purposes", approved July 11, 1916 (30 Stat. 365), and all Acts amendatory thereof and supplementary thereto, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the following sums, to be expended according to the provisions of such Act as amended and supplemented: The sum of $100,000,000 for the fiscal year ending June 30, 1942, and the sum of $100,000,000 for the fiscal year ending June 30, 1943. ISEC. 7. For the purpose of carrying out the provisions of section 3 of the Federal Highway Act (42 Stat. 212), as amended by the Act of June 24, 1930 (46 Stat. 805), there is hereby authorized to be appropriated for the survey, construction, reconstruction, and maintenance of main roads through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations other than the forest reservations the sum of $1,500,000 for the fiscal year ending June 30, 1942, and the sum of $1,500,000 for the fiscal year ending June 30, 1943, to remain available until expended: 1Provided, That apportionments of funds made under the second paragraph of section 3 of the Federal Highway Act, as amended by the Act of June 24, 1930 (46 Stat. 805), shall be made on the basis of the area of such lands in each State as shown by certificate of the Secretary of the Interior which he is directed to make as of June 30 each year. Indian reservation roads. Appropriations au thorized. Proviso. etc.. * SEC. 10. 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 $3,000,000 for the fiscal year ending June 30, 1942, and the sum of Location. of $3,000,000 for the fiscal year ending June 30, 1943: 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 Public Roads Administration before any expenditures are made thereon, and all such construction done by contract shall be under the general supervision of the Public Roads Administration. roads. * Approved, September 5, 1940. [CHAPTER 761] AN ACT To provide funds for cooperation with public-school districts (organized and unorganized) in Mahnomen, Itasca, Pine, Saint Louis, Clearwater, Koochiching, and Becker Counties, Minnesota, in the construction, improvement, and extension of school facilities to be available to both Indian and white children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, the sum of $120,500 for the purpose of cooperating with the following public-school districts (both organized and unorganized) in the State of Minnesota, such appropriation to be apportioned as follows: Naytahwaush, Independent School District Numbered 29, Mahnomen County, $19,000; Inger, District Numbered 6 (Deer River), Itasca County, $7,000; Lake Lena, District Numbered 2, Pine County, $12,500; Vermillion Lake, Tower-Soudan District, Saint Louis County, $7,000; Beaulieu, unorganized district, Mahnomen County, $12,500; Jack Pine, unorganized district, Clearwater County, $7,000; Nett Lake, unorganized district, Saint Louis-Koochiching Counties, $37,500; Pine Point, unorganized district, Becker County, $3,000; Squaw Point, unorganized district, Cass County, $15,000; for the construction, extension, equipment, and improvement of publicschool facilities: Provided, That the expenditure of any money so authorized shall be subject to the express conditions that the schools maintained by these said districts in any buildings constructed or improved with such money shall be available to all Indian children of the districts, on the same terms, except as to payment of tuition, as other children of said school districts: Provided further, That plans and specifications for construction, extension, or improve-1 ment of structures shall be furnished by local or State authorities without cost to the United States Government, and, upon approval thereof by the Commissioner of Indian Affairs, actual work shall proceed under the direction of such local or State officials. Payment for work in place shall be made monthly on vouchers properly certified by local officials of the Indian Service: Provided further, That funds appropriated pursuant to this Act may be used as sponsors' contributions for the construction, extension, equipment, and improvement of the said public-school facilities approved and carried on under funds of the Work Projects Administration: Provided further, That no funds available under this Act shall be expended for improvements to existing buildings which belong to a school district and which are on tribal land or for construction of new buildings on tribal land until the tribe shall have issued to the school district a permit approved by the Commissioner of Indian Affairs authorizing the use of the tracts required as school sites for so long as the land shall be used for school purposes by the school district and agreeing that the improvements and buildings shall be and remain the property of the school district. Title to improvements and to new buildings shall remain in the United States until recoupment of expenditures by the United States as provided in this Act. Upon recoupment, improvements made and new buildings constructed shall become the property of the school district: Provided further, That any amount expended for improvements to existing buildings belonging to the school district or for the construction of new buildings shall be recouped by the United States within a period of thirty years, commencing with the date of occupancy of the project, through reducing the annual Federal payments for the education of Indian pupils enrolled in public or high schools of the district involved, or by the acceptance of Indian pupils in such schools without cost to the United States, and in computing the amount of recoupment for each project interest at 3 per centum per annum shall be included on unrecouped balances: And provided further, That not to exceed 10 per centum of the amount allocated to any one of the above-named districts may be transferred, in the discretion of the Commissioner of Indian Affairs, to the allocation for any other district, but no project shall be increased more than 10 per centum by any such transfer. Approved, October 8, 1940. [CHAPTER 780] AN ACT Making supplemental appropriations for the support of the Government for the fiscal year ending June 30, 1941 and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the support of the Government for the fiscal year ending June 30, 1941, and for other purposes, namely: TITLE I—GENERAL APPROPRIATIONS Suppressing forest fires on Indian reservations: For an additional amount for the suppression or emergency prevention of forest fires on or threatening Indian reservations, $30,000, together with $25,000 from funds held by the United States in trust for the respective tribes of Indians interested. 1 Compensation and expenses of an attorney or attorneys for the Chippewa Tribe of Indians, Minnesota (tribal funds): For compensation and expenses of an attorney or attorneys employed by the Chippewa Tribe of Indians, Minnesota, under a contract or contracts approved by the Secretary of the Interior, $23,400, or so much thereof as may be necessary, payable from the principal sum on deposit to the credit of the Chippewa Indians of Minnesota, arising under section 7 of the Act entitled "An Act for the relief and civilization of the Chippewa Indians in the State of Minnesota", approved January 14, 1889 (25 Stat. 645), and the amount herein appropriated shall be available for compensation earned and expenses incurred during the period covered by said contract or contracts. Construction and repair: For an additional amount for the construction, repair, or rehabilitation of school, agency, hospital, or other buildings and utilities, including the purchase of furniture, furnishings, and equipment as follows: Red Lake, Minnesota: School facilities, $107,000, to remain available until completion of the project when the unobligated balance shall Recoupment by U.S. Transfer of allocated funds, limitation. October 9, 1940 [H. R. 10539] [Public. No. 812] 54 Stat. 1030 First Supplemental Civil Functions Appropriation Act, 1941. 1 1040 Suppressing forest fires. 1 1041 Chippewa Indians. neys. Construction and re pair. Red Lake, Minnesota. Eastern Cherokees. 11042 National historical parks and monuments. Ante, p. 448. 11047 11048 Payment of claims. 18 Stat. 110. 1 1049 23 Stat. 254. 11050 Emergency relief. 11051 11052 Payment of claims. 18 Stat. 110. 23 Stat. 254. revert to the Treasury: Provided, That no obligation shall be incurred hereunder unless and until the school district of Beltrami County, Minnesota, shall have deposited into the Treasury to the credit of this appropriation the unobligated balance of the insurance collected on the destroyed Red Lake school plant. Eastern Cherokees: For the relief of the Eastern Cherokees, as authorized by the bill (S. 4232) entitled "An Act for the relief of the Eastern Cherokees", Seventy-sixth Congress, fiscal year 1941, $1,997.84, without interest and to be in full settlement of all claims of such tribe of Indians against the Government as found to be due by the Supreme Court of the United States in 1906 (202 U.S. 101). National historical parks and monuments: For an additional amount for national historical parks and monuments, including the purchase and installation of Virginia Indian artifacts known as the Wirt Robinson Indian collection, and the construction of an additional wing to the Jamestown Museum, $10,000. * 1TITLE II JUDGMENTS AND AUTHORIZED CLAIMS LAUDITED CLAIMS SEC. 204. (a) For the payment of the following claims, certified to be due by the General Accounting Office under appropriations the balances of which have been carried to the surplus fund under the provisions of section 5 of the Act of June 20, 1874 (31 U. S. C. 713), Land under appropriations heretofore treated as permanent, being for the service of the fiscal year 1938 and prior years, unless otherwise stated, and which have been certified to Congress under section 2 of the Act of July 7, 1884 (5 U. S. C. 266), as fully set forth in House Document Numbered 897, Seventy-sixth Congress, there is appropriated as follows: For emergency relief, Emergency Conservation Work, Interior, Indians, miscellaneous projects, Indian reservations, $29.19. For conservation of health among Indians, $5.18. For maintenance, irrigation systems, Flathead Reservation, Montana (receipt limitation), $213.36. For support of Indians and administration of Indian property, $22. 1(b) For the payment of the following claims, certified to be due by the General Accounting Office under appropriations the balances of which have been carried to the surplus fund under the provisions of section 5 of the Act of June 20, 1874 (31 U. S. C. 713), and under appropriations heretofore treated as permanent, being for the service of the fiscal year 1938 and prior years, unless otherwise stated, and which have been certified to Congress under section 2 of the Act of July 7, 1884 (5 U. S. C. 266), as fully set forth in Senate Document Numbered 282, Seventy-sixth Congress, there is appropriated as follows: |