A-70531, FEBRUARY 17, 1936, 15 COMP. GEN. 704

A-70531: Feb 17, 1936

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TRANSFERRED BY THE BUREAU OF INDIAN AFFAIRS TO THE SMITHSONIAN INSTITUTION FOR PERFORMANCE OF ANTHROPOLOGICAL WORK ARE SUBJECT TO THE REQUIREMENTS OF THE CIVIL-SERVICE LAWS AND THE CLASSIFICATION ACT. HAS REQUESTED THE SMITHSONIAN INSTITUTION TO TAKE UP CERTAIN ANTHROPOLOGICAL WORK FOR THAT BUREAU AND IS ABOUT TO TRANSFER THE FOLLOWING APPROXIMATE AMOUNTS TO ESTABLISH A WORKING FUND UNDER THE DIRECTION OF THE SMITHSONIAN INSTITUTION. THE APPROPRIATIONS FROM WHICH TRANSFERS ARE PROPOSED ARE AS FOLLOWS: CHART INDIAN REORGANIZATION FUNDS (ACT APPROVED JUNE 18. AS THIS WORK WILL BE UNDER THE SUPERVISION OF THE CHIEF OF THE BUREAU OF AMERICAN ETHNOLOGY. IT WILL BE NECESSARY TO EMPLOY SCIENTIFIC MEN OUTSIDE OF THE GOVERNMENT SERVICE TO BE SELECTED BY THE SMITHSONIAN INSTITUTION.

A-70531, FEBRUARY 17, 1936, 15 COMP. GEN. 704

INDIAN AFFAIRS - ANTHROPOLOGICAL STUDIES - AVAILABILITY OF APPROPRIATION AND EMPLOYMENT OF PERSONNEL PERSONNEL EMPLOYED UNDER FUNDS APPROPRIATED PURSUANT TO THE INDIAN REORGANIZATION ACT OF JUNE 18, 1934, 48 STAT. 986, AND TRANSFERRED BY THE BUREAU OF INDIAN AFFAIRS TO THE SMITHSONIAN INSTITUTION FOR PERFORMANCE OF ANTHROPOLOGICAL WORK ARE SUBJECT TO THE REQUIREMENTS OF THE CIVIL-SERVICE LAWS AND THE CLASSIFICATION ACT. FUNDS ALLOCATED TO THE DEPARTMENT OF THE INTERIOR FOR THE PURPOSE OF CARRYING OUT CERTAIN PROVISIONS OF THE ACT OF MARCH 31, 1933, 48 STAT. 22, FOR THE RELIEF OF UNEMPLOYMENT, ETC., MAY NOT BE TRANSFERRED TO THE SMITHSONIAN INSTITUTION FOR ANTHROPOLOGICAL INVESTIGATIONS AND STUDIES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY, SMITHSONIAN INSTITUTION, FEBRUARY 17, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 28, 1936, AS FOLLOWS:

THE BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, HAS REQUESTED THE SMITHSONIAN INSTITUTION TO TAKE UP CERTAIN ANTHROPOLOGICAL WORK FOR THAT BUREAU AND IS ABOUT TO TRANSFER THE FOLLOWING APPROXIMATE AMOUNTS TO ESTABLISH A WORKING FUND UNDER THE DIRECTION OF THE SMITHSONIAN INSTITUTION. THE APPROPRIATIONS FROM WHICH TRANSFERS ARE PROPOSED ARE AS FOLLOWS:

CHART

INDIAN REORGANIZATION FUNDS (ACT APPROVED JUNE 18, 1934) --- $7,754.91

EMERGENCY RELIEF, EMERGENCY CONSERVATION WORK, INTERIOR,

INDIANS, MISCELLANEOUS PROJECTS INDIAN RESERVATIONS,

1935--- MAR. 31, 1937. SYMBOL 025026 -------------------- 6,975.00

TOTAL ---------------------------------------------- 14,729.91

IN PROSECUTING THIS WORK, IT WOULD BE NECESSARY TO EMPLOY SEVEN ANTHROPOLOGISTS AT SALARIES RANGING FROM $2,600 TO $3,200 PER ANNUM AND TO PAY FOR MILEAGE, ALLOWANCE IN LIEU OF SUBSISTENCE, THE HIRE OF INTERPRETERS, ETC. AS THIS WORK WILL BE UNDER THE SUPERVISION OF THE CHIEF OF THE BUREAU OF AMERICAN ETHNOLOGY, SMITHSONIAN INSTITUTION, AND AS THAT BUREAU HAS NO EMPLOYEES AVAILABLE, IT WILL BE NECESSARY TO EMPLOY SCIENTIFIC MEN OUTSIDE OF THE GOVERNMENT SERVICE TO BE SELECTED BY THE SMITHSONIAN INSTITUTION. THE WORK TO BE CONDUCTED MAY BE DESCRIBED AS FOLLOWS:

UNDER INDIAN REORGANIZATION FUNDS.--- SECTION 9 OF THE INDIAN REORGANIZATION ACT OF JUNE 18, 1934, PROVIDES AN APPROPRIATION TO BE USED "IN DEFRAYING EXPENSES OF ORGANIZING INDIAN CHARTERED CORPORATIONS OR OTHER ORGANIZATIONS CREATED UNDER THIS ACT.' IN ORDER THAT THE REORGANIZATION PROGRAM BE REALISTICALLY ADAPTED TO PRESENT DAY INDIAN COMMUNITIES, THE REORGANIZATION DIVISION OF THE INDIAN BUREAU SET ASIDE $15,000 FOR ANTHROPOLOGICAL INVESTIGATIONS. A PART OF THIS SUM HAS ALREADY BEEN USED TO FINANCE SEVERAL FIELD WORKERS WHO HAVE ASCERTAINED FACTS OF NATIVE POLITICAL AND SOCIAL ORGANIZATION WHICH WERE USED IN FRAMING CONSTITUTIONS, FACTS OF NATIVE ECONOMIC STRUCTURES WHICH WERE USED IN DRAWING UP CHARTERS, AND OTHER FACTS WHICH WERE ESSENTIAL TO THE GENERAL PROGRAM. IT IS INTENDED THAT FOUR ANTHROPOLOGISTS SHALL BE ASSIGNED TO CARRY ON INVESTIGATIONS OF THIS NATURE.

UNDER EMERGENCY CONSERVATION WORK FUNDS.--- LARGE SUMS OF E.C.W. FUNDS HAVE BEEN SPENT ON PROJECTS ON INDIAN RESERVATIONS AND ON HIRING INDIAN LABOR. AS THIS WAGE ECONOMY IS ENTIRELY NEW TO MANY INDIAN GROUPS, IT IS EXTREMELY NECESSARY TO ASCERTAIN WHETHER IT IS HAVING A BENEFICIAL OR DELETERIOUS EFFECT ON INDIAN SOCIETY. IT IS PARTICULARLY IMPORTANT AT THE PRESENT THAT THIS BE KNOWN BECAUSE, IN CONNECTION WITH THE REORGANIZATION ACT, EFFORTS ARE BEING MADE TO MAKE THE INDIANS ECONOMICALLY SELF- SUFFICIENT. THE THREE ANTHROPOLOGISTS WHO WILL WORK UNDER THIS FUND WILL MAKE FIELD INVESTIGATIONS OF THE EFFECT OF THE E.C.W. PROGRAM ON THE ECONOMIC STATUS AND SOCIAL STRUCTURE OF THE VARIOUS INDIAN COMMUNITIES. THEIR FINDINGS WILL BE USED AS A GUIDE IN FUTURE E.C.W. EXPENDITURE.

THE SUMS FROM BOTH REORGANIZATION AND E.C.W. FUNDS ARE TO BE TRANSFERRED TO THE SMITHSONIAN INSTITUTION BECAUSE THESE INVESTIGATIONS MAY BE CARRIED ON MORE EFFICIENTLY BY A BUREAU WHICH IS ESPECIALLY DESIGNED AND EQUIPPED FOR ETHNOGRAPHIC INVESTIGATIONS. THE NATURE AND PURPOSE OF THE PROPOSED FIELD WORK WOULD BE THE SAME, HOWEVER, AS THAT ALREADY CARRIED ON UNDER REORGANIZATION FUNDS.

IT IS UNDERSTOOD THAT CIVIL-SERVICE STATUS IS NOT REQUIRED FOR THE PAYMENT OF SALARIES FROM E.C.W. FUNDS IN THIS INSTANCE. MAY WE ASK FOR A RULING ON THIS POINT AND ALSO WHETHER CIVIL-SERVICE STATUS WILL BE REQUIRED FOR THE POSITIONS UNDER THE INDIAN REORGANIZATION ACT FUNDS.

I RESPECTFULLY ASK IF THE INSTITUTION MAY ACCEPT AND EXPEND THESE FUNDS AS PER SECTION 601 OF THE ACT APPROVED JUNE 30, 1932 (47 STAT. 417).

AS THE APPROPRIATION AND THE ALLOTMENT WERE BOTH MADE TO THE DEPARTMENT OF THE INTERIOR, ANY QUESTION REGARDING THEIR AVAILABILITY WOULD PROPERLY BE FOR SUBMISSION BY THE SECRETARY OF THE INTERIOR. HOWEVER, AS THE PROPOSED TRANSFER, IF AUTHORIZED, WOULD PLACE THE FUNDS SUBJECT TO EXPENDITURE BY YOUR INSTITUTION, THE SUBMISSION WILL BE CONSIDERED ACCORDINGLY.

WITH RESPECT TO THE INDIAN REORGANIZATION FUNDS APPROPRIATED BY THE ACT OF MAY 9, 1935, 49 STAT. 182, PURSUANT TO THE AUTHORIZATION IN THE ACT OF JUNE 18, 1934, 48 STAT. 986, THE PROPOSED TRANSFER WOULD APPEAR TO COME WITHIN THE PURVIEW OF THE APPROPRIATION AND SECTION 601 OF THE ACT OF JUNE 30, 1932, 47 STAT. 417, AND THIS OFFICE WOULD NOT BE REQUIRED TO OBJECT THERETO. HOWEVER, I DO NOT FIND ANY PROVISION IN THE REORGANIZATION ACT OR IN THE APPROPRIATION WHICH WOULD EXEMPT THE PERSONNEL EMPLOYED UNDER SUCH FUNDS FROM THE REQUIREMENTS OF THE CIVIL SERVICE LAWS OR THE CLASSIFICATION ACT, IT BEING UNDERSTOOD THEY ARE NOT TO BE INDIANS APPOINTED BY THE SECRETARY OF THE INTERIOR IN ACCORDANCE WITH SECTION 12 OF THE ACT OF JUNE 18, 1934, SUPRA, AUTHORIZING THE APPOINTMENT OF QUALIFIED INDIANS, WITHOUT REGARD TO THE CIVIL-SERVICE LAWS, TO POSITIONS IN THE ADMINISTRATION OF FUNCTIONS OR SERVICES AFFECTING ANY INDIAN TRIBE.

THE APPROPRIATION "EMERGENCY RELIEF, EMERGENCY CONSERVATION WORK, INTERIOR, INDIANS, MISCELLANEOUS PROJECTS INDIAN RESERVATIONS, 1935--- MARCH 31, 1937, SYMBOL 025026," REPRESENTS FUNDS ALLOCATED TO THE DEPARTMENT OF THE INTERIOR FOR SPECIFIED PURPOSES. SAID FUNDS WERE ALLOCATED FOR THE PURPOSE OF CARRYING OUT CERTAIN PROVISIONS OF THE ACT OF MARCH 31, 1933, 48 STAT. 22, AND THERE APPEARS NOTHING IN SAID ACT WHICH COULD BE CONSTRUED AS AUTHORIZING SUCH STUDIES OR INVESTIGATIONS AS ARE REFERRED TO IN YOUR LETTER. NEITHER DOES IT APPEAR THAT THIS ANTHROPOLOGICAL WORK IS NECESSARY TO THE ACTUAL PROSECUTION OF THE WORK PROJECTS FOR WHICH THE ALLOCATIONS WERE MADE, NOR SO DIRECTLY CONNECTED THEREWITH AS TO BE REGARDED AS INVOLVING AN EXPENSE PROPERLY CHARGEABLE AS A PART OF THE COST OF SUCH PROJECTS. CONSEQUENTLY, THE PROPOSED TRANSFER AND USE OF THE $6,975 WOULD NOT BE AUTHORIZED.