A-12910, FEBRUARY 24, 1926, 5 COMP. GEN. 661

A-12910: Feb 24, 1926

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1925)" TO PURCHASE LAND FROM NONCOMPETENT CROW INDIANS FOR BURIAL SITES FOR THE CROW TRIBE IS NOT PROHIBITED BY SECTION 3736. IN VIEW OF THE FACT THAT THE LAND IS NOT PURCHASED ON ACCOUNT OF THE UNITED STATES. 1926: I HAVE YOUR LETTER OF JANUARY 30. AS FOLLOWS: IT IS RESPECTFULLY REQUESTED THAT AN OPINION BE RENDERED WHETHER "INDIAN MONEYS. THE PURCHASES WERE MADE IN THE FISCAL YEAR 1925. DEEDS EXECUTED BY THE INDIAN OWNERS CONVEYING THE NECESSARY ACREAGE WERE APPROVED IN THIS DEPARTMENT. FOR THE REASON THAT THE CROW TRIBE IS NOT INCORPORATED AND COULD NOT HOLD TITLE INDEPENDENTLY THE DEEDS WERE MADE TO RUN TO THE UNITED STATES OF AMERICA IN TRUST FOR THE CROW TRIBE OF INDIANS. NO PUBLIC FUNDS OR GOVERNMENT APPROPRIATIONS WERE EXPENDED IN THESE PURCHASES.

A-12910, FEBRUARY 24, 1926, 5 COMP. GEN. 661

PURCHASE OF LAND FOR INDIAN BURIAL SITES THE USE OF THE FUND "INDIAN MONEYS, PROCEEDS OF LABOR, CROW INDIANS (SUPPORT, 1925)" TO PURCHASE LAND FROM NONCOMPETENT CROW INDIANS FOR BURIAL SITES FOR THE CROW TRIBE IS NOT PROHIBITED BY SECTION 3736, REVISED STATUTES, IN VIEW OF THE FACT THAT THE LAND IS NOT PURCHASED ON ACCOUNT OF THE UNITED STATES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, FEBRUARY 24, 1926:

I HAVE YOUR LETTER OF JANUARY 30, 1926, AS FOLLOWS:

IT IS RESPECTFULLY REQUESTED THAT AN OPINION BE RENDERED WHETHER "INDIAN MONEYS, PROCEEDS OF LABOR, CROW INDIANS (SUPPORT, 1925)" MAY BE USED IN PAYMENT FOR TWO TRACTS OF LAND OF FIVE ACRES EACH PURCHASED FROM NON- COMPETENT CROW INDIANS FOR CEMETERY PURPOSES FOR THE CROW TRIBE.

THE PURCHASES WERE MADE IN THE FISCAL YEAR 1925. DEEDS EXECUTED BY THE INDIAN OWNERS CONVEYING THE NECESSARY ACREAGE WERE APPROVED IN THIS DEPARTMENT, AS FOLLOWS:

(A) EXECUTED BY AMONG THE SHEEP, THE SOLE HEIR OF FRANKLIN KNOWS GUN, DECEASED CROW ALLOTTEE NO. 1489, FOR THE W/2, NW/4, NW/4, SW/4, SEC. 12, T. 6 S., R. 35 E., M.M. IN MONTANA; CONSIDERATION $250; APPROVED ON DECEMBER 6, 1924. CLAIM FOR PAYMENT NO. 369275.

(B) EXECUTED BY KATIE DREAMER, HEIR OF MARTIN ROUND FACE, DECEASED CROW ALLOTTEE NO. 1942, FOR THE E/2, NE/4, NW/4, NE/4, SEC. 9, T. 5 S., R. 26 E., M.M. IN MONTANA; CONSIDERATION $50; APPROVED IN THIS DEPARTMENT ON APRIL 20, 1925. CLAIM FOR PAYMENT NO. 369282.

FOR THE REASON THAT THE CROW TRIBE IS NOT INCORPORATED AND COULD NOT HOLD TITLE INDEPENDENTLY THE DEEDS WERE MADE TO RUN TO THE UNITED STATES OF AMERICA IN TRUST FOR THE CROW TRIBE OF INDIANS. NO PUBLIC FUNDS OR GOVERNMENT APPROPRIATIONS WERE EXPENDED IN THESE PURCHASES. ALTHOUGH THERE ARE SURPLUS INDIAN LANDS ON THE CROW RESERVATION THERE WERE NO UNALLOTTED LANDS IN THE VICINITY OF THE TWO COMMUNITIES WHICH REQUIRED BURIAL GROUNDS. THE LANDS DESIRED HAVING BEEN ALREADY ALLOTTED, THE ONLY WAY TO PROVIDE FOR THESE IMPERATIVE NEEDS WAS THE METHOD USED. ON ONE OF THE ALLOTMENTS THERE WAS A SMALL BURIAL GROUND, THE EXISTENCE OF WHICH SEEMS TO HAVE BEEN OVERLOOKED WHEN THE ALLOTMENTS WERE MADE. IT WAS ONLY FAIR, THEREFORE, TO THE ALLOTTEE AS WELL AS TO THE COMMUNITY THAT THIS BURIAL GROUND BE RECOVERED FOR TRIBAL USE.

PAYMENT OF THE CLAIMS FOR THE TWO AMOUNTS, $50 AND $250, AWAITS RECEIPT OF YOUR OPINION. AN ALLOTMENT OF THE FUNDS HAS BEEN MADE TO INSURE THEIR AVAILABILITY IF YOUR OPINION BE FAVORABLE.

THE TRUST FUND ENTITLED "INDIAN MONEYS, PROCEEDS OF LABOR" WAS ESTABLISHED UNDER THE PROVISIONS OF THE ACT OF MARCH 3, 1883, 22 STAT. 590, WHICH PROVIDE:

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 THE 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 NEXT SESSION.

THE APPROPRIATION ACT OF MARCH 2, 1887, 24 STAT. 463, AUTHORIZED THE SECRETARY OF THE INTERIOR TO USE THE MONEYS IN THE SAID FUND---

* * * FOR THE BENEFIT OF THE SEVERAL TRIBES ON WHOSE ACCOUNT SAID MONEY WAS COVERED IN, IN SUCH WAY AND FOR SUCH PURPOSES AS IN HIS DISCRETION HE MAY THINK BEST, AND SHALL MAKE ANNUALLY A DETAILED REPORT THEREOF TO CONGRESS.

SECTION 27 OF THE ACT OF MAY 18, 1916, 39 STAT. 158, REQUIRES THAT THERE SHALL BE SUBMITTED ANNUALLY TO THE CONGRESS ESTIMATES OF THE AMOUNTS OF RECEIPTS TO, AND EXPENDITURES TO BE MADE FROM, ALL TRIBAL FUNDS DEPOSITED IN THE TREASURY FOR THE BENEFIT OF THE VARIOUS TRIBES AND PROVIDES FURTHER:

* * * THAT THEREAFTER 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: PROVIDED FURTHER, THAT THIS SHALL NOT CHANGE EXISTING LAW WITH REFERENCE TO THE FIVE CIVILIZED TRIBES.

THE ACT OF MARCH 2, 1887, SUPRA, GAVE A DISCRETION TO THE SECRETARY OF THE INTERIOR IN THE EXPENDITURE OF THESE TRIBAL FUNDS, SUCH EXPENDITURES NOT BEING SPECIFICALLY DEFINED, BUT WERE SUBJECT TO THE CONDITION THAT THEY BE FOR THE BENEFIT OF THE PARTICULAR TRIBE ON WHOSE ACCOUNT THEY WERE COLLECTED AND COVERED INTO THE TREASURY. THE ACT OF MAY 18, 1916, HOWEVER, PROVIDES THAT THEREAFTER NO MONEY SHALL BE EXPENDED FROM INDIAN TRIBAL FUNDS WITHOUT SPECIFIC APPROPRIATION BY CONGRESS FOR PURPOSES OTHER THAN THOSE INDICATED IN THAT ACT AND THUS MODIFIES OR CURTAILS THE DISCRETIONARY POWER GRANTED TO THE SECRETARY OF THE INTERIOR BY THE ACT OF 1887 TO THE EXTENT THAT UNLESS THE MONEYS BELONGING TO THE INDIAN TRIBES ARE SPECIFICALLY APPROPRIATED BY THE CONGRESS THEY MAY NOT BE USED EXCEPT AS PROVIDED IN THAT ACT.

SECTION 3736, REVISED STATUTES, PROVIDES:

NO LAND SHALL BE PURCHASED ON ACCOUNT OF THE UNITED STATES, EXCEPT UNDER A LAW AUTHORIZING SUCH PURCHASE.

THE PURCHASE HERE INVOLVED IS NOT A PURCHASE ON ACCOUNT OF THE UNITED STATES BUT A PURCHASE BY THE GOVERNMENT ON ACCOUNT OF THE CROW TRIBE OF INDIANS. THEREFORE, THE PURCHASE WAS NOT IN CONTRAVENTION OF THE PROVISION JUST QUOTED.

THE ACT OF JUNE 5, 1924, 43 STAT. 411, MAKING APPROPRIATION FOR THE INDIAN SERVICE FOR THE FISCAL YEAR 1925, PROVIDES:

FOR SUPPORT AND CIVILIZATION OF INDIANS UNDER THE JURISDICTION OF THE FOLLOWING AGENCIES, TO BE PAID FROM THE FUNDS HELD BY THE UNITED STATES IN TRUST FOR THE RESPECTIVE TRIBES, IN NOT TO EXCEED THE FOLLOWING SUMS, RESPECTIVELY:

MONTANA: * * * CROW, $100,000; * * *.

CONGRESS HAVING MADE AN APPROPRIATION FOR THE SUPPORT AND CIVILIZATION OF THE CROW INDIANS FOR THE FISCAL YEAR 1925 FROM THE TRUST FUND DEPOSITED IN THE TREASURY FOR THE BENEFIT OF THE RESPECTIVE TRIBES, AND THE ACQUISITION OF THE TWO TRACTS OF LAND FOR BURIAL GROUNDS HAVING BEEN ADMINISTRATIVELY APPROVED AS NECESSARY IN CONNECTION WITH THE SUPPORT AND CIVILIZATION OF SAID INDIANS, YOU ARE ADVISED, THE FUND HAVING BEEN OBLIGATED DURING THE FISCAL YEAR 1925, THAT PAYMENT IS AUTHORIZED FROM THE FUND "INDIAN MONEYS, PROCEEDS OF LABOR, CROW INDIANS (SUPPORT, 1925).'