25, sec. 81) and notwithstanding any statute of limitations or lapse of time or any limitation upon the jurisdiction of the Court of Claims with respect to claims upon any contract implied in law, jurisdiction is hereby conferred upon such court to hear, determine, and render judgment upon the claim of the Algoma Lumber Company 1(including the claim of George R. Birkelund and Charles E. Siddall, of Chicago, Illinois, and Kenyon T. Fay, of Los Angeles, California, trustees of the Algoma Lumber Liquidation Trust, successors by transfer, conveyance, and assignment thereof) either against the United States in a fiduciary capacity for the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians or against said Klamath and Modoc Tribes and Yahooskin Band of Snake Indians in connection with the contract construed by such court in its decision dated January 12, 1938, in the case of Algoma Lumber Company, a corporation, against the United States (86 C. Cls. 226). SEC. 2. The amount of any judgment awarded by the Court of Claims upon such claim shall not exceed the amount of the judgment heretofore awarded by such court in the case of Algoma Lumber Company, a corporation, against the United States (86 C. Cls. 226, 271). SEC. 3. Suit upon such claim may be instituted by or on behalf of the Algoma Lumber Company or by the said trustees as successors in interest thereto at any time within one year after the date of enactment of this Act. Proceedings for the determination of such claim and review thereof shall be had as in the case of claims over which such court has jurisdiction under section 1491 of title 28 of the United States Code, and the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians shall be entitled to be represented in such proceedings, if they so desire, by legal counsel employed in conformity with the provisions of section 2103 of the Revised Statutes (25 U. S. C. 81). In the trial of any such suit the Court of Claims shall have jurisdiction to hear and determine any defenses available under the rules of law and equity applicable to contracts made by the United States, defenses of waiver or estoppel based on the course of dealing between the parties, and defenses based on mistake of law or fact, including any failure to collect sums payable under the contract involved in such suit by reason of mistake of law or fact, and shall determine the liability, if any, of the parties defendant as the facts and law require. Parol evidence shall be admissible for the purposes of proving or disproving such defenses notwithstanding any limitation upon the admissibility of parol evidence in suits involving contracts in writing. Any set-off, counterclaim, claim for damages, or other demand set up on the part of any defendant shall be heard and determined by the court in accordance with the provisions of section 2508 of title 28 of the United States Code. SEC. 4. Any part of any judgment rendered hereunder which represents sums actually deposited to the credit of said Klamath and Modoc Tribes and Yahooskin Band of Snake Indians for timber cut from tribal lands shall be paid by the Secretary of the Treasury, upon appropriation by the Congress, from any funds in the Treasury of the United States to the credit of said tribe. Any other part of any judgment rendered shall be payable in the same manner as in the case of claims over which the Court of Claims has jurisdiction under section 1491 of title 28 of the United States Code. Approved, January 3, 1951. PUBLIC LAWS OF THE EIGHTY-SECOND CONGRESS, FIRST SESSION, 1951 LA274 62 Stat. 940. 28 U. S. C., Sup. III, § 1491. 62 Stat. 977. 28 U. S. C., Sup. III, § 2508. 62 Stat. 940. 28 U. S. C., Sup. III, § 1491. PUBLIC LAW 45 CHAPTER 121 AN ACT Making supplemental appropriations for the fiscal year ending June 30, 1951, and for other purposes. June 2, 1951 [H. R. 3587] 65 Stat. 52 Appropriation Act, Be it enacted by the Senate and House of Representatives of the Third Supplemental United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply supplemental appropriations for the fiscal year ending June 30, 1951, and for other purposes, namely: 1951. 158 64 Stat. 679. August 20, 1951 [H. R. 3782] 65 Stat. 193 Menominee Tribe of Indians. 1 CHAPTER VII-DEPARTMENT OF THE INTERIOR * BUREAU OF INDIAN AFFAIRS CONSTRUCTION For an additional amount for "Construction", $3,650,000, to remain available until expended. * Approved, June 2, 1951. PUBLIC LAW 118 AN ACT CHAPTER 335 To authorize a per capita payment to members of the Menominee Tribe of Indians. 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 is authorized and directed to withdraw from the Menominee 5 per centum fund in the Treasury and to expend such amount as is necessary to make a per capita payment of $150 to each individual entered on the roll of the Menominee Tribe of Indians of Wisconsin as of December 31, 1950. Approved, August 20, 1951. August 21, 1951 [H. R. 3795] 65 Stat. 193 Ute Indian Tribe. Tribal funds. 1194 Funds for loans. 48 Stat. 984. PUBLIC LAW 120 AN ACT CHAPTER 338 To provide for the use of the tribal funds of the Ute Indian Tribe of the Uintah and Ouray Reservation, to authorize a per capita payment out of such funds, to provide for the division of certain tribal funds with the Southern Utes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand-ing any other provision of existing law, the tribal funds now on deposit or hereafter deposited in the United States Treasury to the credit of the Ute Indian Tribe of the Uintah and Ouray Reservation may be expended or advanced for such purposes, including per capita payments, as may be designated by the Tribal Business Committee of said tribe and approved by the Secretary of the Interior: Provided, That the aggregate amount of the expenditures and advances authorized by this section shall not exceed 333 per centum of such tribal funds now on deposit: Provided further, That with the exception of a $1,000 per capita payment which is hereby authorized, no per capita payment shall be approved by the Secretary of the Interior from the principal of any judgment obtained under the Jurisdictional Act of June 28, 1938 (52 Stat. 1209), as amended, without further legislation: Provided further, That any funds advanced for loans by the tribe to individual Indians or associations of Indians shall be subject to regulations established for the making of loans from the revolving loan fund authorized by the Act of June 18, 1934 (25 U. S. C., sec. 470): Provided further, That no part of the funds authorized to be expended or advanced by this section shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with the preparation or prosecution of the suit or suits in the Court of Claims which resulted in any or all of the judgments handed down by said court on July 13, 1950, unless approved by the said court in the proceeding now pending before said court for the adjudication of attorneys' fees, or to any agent or attorney account of any contract for services rendered or to be rendered in the preparation of any suit. against the United States. Division 25 U. S. C. § 399. 43 U. S. C. § 315j. Ratification of resolution adopted June 1, 1950. SEC. 2. The Secretary of the Interior is hereby authorized and directed to divide the trust funds belonging to the Confederated funds. Bands of Ute Indians and deposited in the United States Treasury pursuant to the Act of June 30, 1919 (41 Stat. 33), section 11 of the Act of June 28, 1934 (48 Stat. 1273), as amended, and the Act of June 28, 1938 (52 Stat. 1211), as amended, including the interest thereon, by crediting 60 per centum to the Ute Indian Tribe of the Uintah and Ouray Reservation, consisting of the Uintah, Uncompahgre, and White River Utes, and 40 per centum to the Southern Utes, consisting of the Southern Utes of the Southern Ute Reservation and the Ute Mountain Tribe of the Ute Mountain Reservation. The resolution adopted June 1, 1950, by the members of the Uncompahgre, White River, and Uintah bands of Ute Indians compromising and settling all existing controversies between themselves as to ownership and distribution of any judgments which may be obtained against the United States and as to ownership of land within the Uintah and Ouray Reservation and income issuing therefrom by providing that the same shall become the tribal property of all the Indians of the Ute Indian Tribe of the Uintah and Ouray Reservation without regard to band derivation is hereby ratified, approved and confirmed. The funds apportioned to the Southern Utes under this section shall be divided between the Southern Utes of the Southern Ute Reservation and the Ute Mountain Tribe of the Ute Mountain Reservation as agreed between said tribes. The shares of the respective groups shall be credited to the existing accounts established pursuant to the Act of May 17, 1926 (44 Stat. 560), and the Act of June 13, 1930 (46 Stat. 584). None of the funds involved herein shall be credited or distributed to the Ute Indian Tribe of the Uintah and Ouray Reservation, consisting of the Uintah, Uncompahgre, and White River Utes, until the Uncompahgre and White River Bands present to the Secretary of the Interior a release satisfactory to him, relieving the United States of any liability resulting from the inclusion of the Uintah Band in the disposition or use of said trust funds. ISEC. 3. The Secretary of the Interior shall make a full and complete annual progress report to the Congress of his activities and of the expenditures authorized under section 1. Approved, August 21, 1951. PUBLIC LAW 133 AN ACT CHAPTER 367 To amend the Act authorizing the segregation and expenditure of trust funds held in joint ownership by the Shoshone and Arapaho Tribes of the Wind River Reservation for the purpose of extending the time in which payments are to be made to members of such tribes under such Act, 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 second proviso of section 2 of the Act entitled "An Act to authorize the segregation and expenditures of trust funds held in joint ownership by the Shoshone and Arapaho Tribes of the Wind River Reservation", Lapproved May 19, 1947 (61 Stat. 102), is amended by striking out "existing" and inserting in lieu thereof "any". SEC. 2. The first proviso of section 3 of such Act is amended by striking out "five" and inserting in lieu thereof "ten". Approved, August 30, 1951. 25 U. S. C. § 155. 161d. 1195 Report to Congress. August 30, 1951 [S. 950] 65 Stat. 208 Shoshone and Arapaho Tribes. Trust funds. 1209 25 U. S. C. § 612. PUBLIC LAW 136 CHAPTER 375 AN ACT Making appropriations for the Department of the Interior for the fiscal year ending Be it enacted by the Senate and House of Representatives of the TITLE I-DEPARTMENT OF THE INTERIOR IPAYMENT TO OKLAHOMA (ROYALTIES) For payment to the State of Oklahoma in lieu of all State and local taxes upon tribal funds accruing under the provisions of the joint resolution of June 12, 1926 (44 Stat. 740), to be expended by the State in the same manner as if received under section 35 of the Act approved February 25, 1920 (30 U. S. C. 191), sums equal to 372 per centum of the royalties received during the current and each succeeding fiscal year, from the south half of Red River in Oklahoma under the provisions of said joint resolution of June 12, 1926, to remain available until expended. HEALTH, EDUCATION, AND WELFARE SERVICES For expenses necessary to provide health, education, and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment (in advance or from date of admission) of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order, and payment of rewards for information or evidence concerning violations of law on Indian reservations or lands; and operation of Indian arts and crafts shops and museums; $41,824,750, of which not to exceed $23,699,661 shall be available for personal services. RESOURCES MANAGEMENT For expenses necessary for management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment lof irrigation assessments and charges; acquisition of water rights; conducting agricultural experiments and demonstrations; furnishing plants or seed to Indians; advances for Indian industrial and business enterprises; payment of expenses of Indian fairs, including premiums for exhibits; and development of Indian arts and crafts as authorized by law (25 U. S. C. 305), including expenses of exhibits; $10,921,360, of which not to exceed $6,843,485 shall be available for personal services. CONSTRUCTION For construction, major repair, and improvement of irrigation and power systems, buildings, utilities, roads and trails, and other facilities; acquisition of lands and interests in lands; preparation of lands for farming; and architectural and engineering services by contract; to remain available until expended, $10,000,000, of which not to exceed $2,500,000 shall be available for personal services, and of which not to exceed $3,125,000 is for liquidation of obligations incurred pursuant to authority previously granted: Provided, That no part of the sum herein appropriated shall be used for the acquisition of land within the States of Arizona, California, Colorado, New Mexico, South Dakota, Utah, and Wyoming outside of the boundaries of existing Indian reservations: Provided further, That no part of this appropriation shall be used for the acquisition of land or water rights within the States of Nevada, Oregon, and Washington either inside or outside the boundaries of existing reservations: Provided further, That no part of this appropriation shall be used for construction or repair of the Tongue River Indian Reservation electric line, Montana, but the Secretary is hereby authorized to enter into a reimbursable contract with the Tongue River Electric Cooperative, Incorporated, Montana, with respect to maintenance, operation, and subsequent transfer of ownership of said line and the Bureau of Indian Affairs may accept payment for such line in the form of credit on electric bills. GENERAL ADMINISTRATIVE EXPENSES For expenses necessary for the general administration of the Bureau of Indian Affairs, including such expenses in field offices, $3,300,747, of which not to exceed $2,693,281 shall be available for personal services. REVOLVING FUND FOR LOANS For an additional amount for loans as authorized by sections 10 and 11 of the Act of June 18, 1934 (25 U. S. C. 470, 471), as amended and supplemented, and section 1 of the Act of April 19, 1950 (Public Law 474), $800,000. PAYMENT TO CHOCTAW AND CHICKASAW NATIONS OF INDIANS, OKLAHOMA For an additional amount for "Payment to Choctaw and Chickasaw Nations of Indians, Oklahoma", for defraying the expenses of making per capita payments authorized by the Acts of June 28, 1944 (58 Stat. 483), and June 24, 1948 (Public Law 754, Eightieth Congress), $22,655, of which not to exceed $21,105 shall be available for personal services. ADMINISTRATIVE PROVISIONS Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans) shall be available for purchase of not to exceed one hundred and sixty passenger motor vehicles for replacement only, which may be used for the transportation of Indians; 1purchase of ice for official use of employees; services as authorized by section 15 of the Act of August 2, 1946 (5 U. S. C. 55a), including not to exceed $5,000 for expenditure at rates for individuals not in excess of $50 per diem on irrigation and power matters, when authorized by the Secretary; and expenses required by continuing or permanent treaty provisions. CLAIMS AND TREATY OBLIGATIONS For fulfilling treaties with Senecas and Six Nations of New York, Choctaws and Pawnees of Oklahoma, and payment to Indians of Sioux reservations, to be expended as provided by law, such amounts as may be necessary June 30, 1951. PROCEEDS FROM POWER Sums not in excess of the amount of power revenues covered into the Treasury during the current and each succeeding fiscal year to the credit of each of the power projects, including revenues credited Restrictions. 48 Stat. 986. 64 Stat. 44. 25 U. S. C. §§ 631-640. 62 Stat. 596. 1254 60 Stat. 810. |
