US (United States) Code. Title 25. Chapter 11: Irrigation of allotted lands

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-MISC1-

Sec.

381. Irrigation lands; regulation of use of water.

382. Irrigation projects under Reclamation Act.

383. Repealed.

384. Employment of superintendents of irrigation.

385. Maintenance charges; reimbursement of construction

costs; apportionment of cost.

385a. Irrigation projects; deposit of assessments as trust

fund; disposition of fund.

385b. Amounts creditable to fund.

385c. Appropriation and disposition of power revenues.

386. Reimbursement of construction charges.

386a. Adjustment of reimbursable debts; construction

charges.

387. Omitted.

388. Claims for damages; settlement by agreement.

389. Investigation and adjustment of irrigation charges on

lands within projects on Indian reservations.

389a. Declaring lands to be temporarily nonirrigable.

389b. Elimination to permanently nonirrigable lands.

389c. Cancellation of charges in absence of lien or contract

for payment.

389d. Rules and regulations.

389e. Actions taken to be included in report to Congress.

390. Concessions on reservoir sites and other lands in

Indian irrigation projects; leases for agricultural,

grazing, and other purposes.

-End-

-CITE-

25 USC Sec. 381 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 381. Irrigation lands; regulation of use of water

-STATUTE-

In cases where the use of water for irrigation is necessary to

render the lands within any Indian reservation available for

agricultural purposes, the Secretary of the Interior is authorized

to prescribe such rules and regulations as he may deem necessary to

secure a just and equal distribution thereof among the Indians

residing upon any such reservations; and no other appropriation or

grant of water by any riparian proprietor shall be authorized or

permitted to the damage of any other riparian proprietor.

-SOURCE-

(Feb. 8, 1887, ch. 119, Sec. 7, 24 Stat. 390.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 332, 333, 334, 335, 339,

340, 341, 342, 348, 349, 350, 352b, 354, 358 of this title.

-End-

-CITE-

25 USC Sec. 382 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 382. Irrigation projects under Reclamation Act

-STATUTE-

In carrying out any irrigation project which may be undertaken

under the provisions of the Reclamation Act, and which may make

possible, and provide for in connection with the reclamation of

other lands, the irrigation of all or any part of the irrigable

lands heretofore included in allotments made to Indians under

section 334 of this title, the Secretary of the Interior is

authorized to make such arrangement and agreement in reference

thereto as said Secretary deems for the best interest of the

Indians: Provided, That no lien or charge for construction,

operation, or maintenance shall thereby be created against any such

lands.

-SOURCE-

(Mar. 3, 1909, ch. 263, 35 Stat. 798.)

-REFTEXT-

REFERENCES IN TEXT

The Reclamation Act, referred to in text, is act June 17, 1902,

ch. 1093, 32 Stat. 388, as amended, which is classified generally

to chapter 12 (Sec. 371 et seq.) of Title 43, Public Lands. For

complete classification of this Act to the Code, see Short Title

note set out under section 371 of Title 43 and Tables.

-COD-

CODIFICATION

A further proviso authorized the expenditure of a limited amount

from the appropriation in the act for irrigation, to meet the cost

of carrying out this section, and was omitted as temporary.

-MISC1-

SIMILAR PROVISIONS

Similar provisions were contained in act Apr. 30, 1908, ch. 153,

35 Stat. 85.

-End-

-CITE-

25 USC Sec. 383 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 383. Repealed. Pub. L. 97-293, title II, Sec. 224(f), Oct. 12,

1982, 96 Stat. 1273

-MISC1-

Section, act Aug. 4, 1910, ch. 140, Sec. 1, 36 Stat. 270,

provided that no new irrigation project on any Indian reservation,

allotments, or lands, could be undertaken until it had been

estimated for and a maximum limit of cost ascertained from surveys,

plans, and reports submitted by chief irrigation engineer in Indian

Service and approved by Commissioner of Indian Affairs and

Secretary of the Interior, that such limit of cost could in no case

be exceeded without express authorization of Congress, and that no

project to cost in the aggregate to exceed $35,000 could be

undertaken on any Indian reservation or allotment, without specific

authority of Congress.

-End-

-CITE-

25 USC Sec. 384 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 384. Employment of superintendents of irrigation

-STATUTE-

The Commissioner of Indian Affairs, under the direction of the

Secretary of the Interior, may employ superintendents of irrigation

who shall be skilled irrigation engineers, not to exceed seven in

number.

-SOURCE-

(Apr. 4, 1910, ch. 140, Sec. 1, 36 Stat. 271.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

25 USC Sec. 385 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 385. Maintenance charges; reimbursement of construction costs;

apportionment of cost

-STATUTE-

For lands irrigable under any irrigation system or reclamation

project the Secretary of the Interior may fix maintenance charges

which shall be paid as he may direct, such payments to be available

for use in maintaining the project or system for which collected:

Provided further, That all moneys expended under this provision

shall be reimbursable where the Indians have adequate funds to

repay the Government, such reimbursements to be made under such

rules and regulations as the Secretary of the Interior may

prescribe: Provided further, That the Secretary of the Interior is

authorized and directed to apportion the cost of any irrigation

project constructed for Indians and made reimbursable out of tribal

funds of said Indians in accordance with the benefits received by

each individual Indian so far as practicable from said irrigation

project, said cost to be apportioned against such individual Indian

under such rules, regulations, and conditions as the Secretary of

the Interior may prescribe.

-SOURCE-

(Apr. 4, 1910, ch. 140, Secs. 1, 3, 36 Stat. 270, 272; Aug. 1,

1914, ch. 222, Sec. 1, 38 Stat. 583; Aug. 7, 1946, ch. 770, Sec.

1(8), 60 Stat. 867; Pub. L. 97-293, title II, Sec. 224(f), Oct. 12,

1982, 96 Stat. 1273.)

-COD-

CODIFICATION

Section is based on sections 1 and 3 of act Apr. 4, 1910, and

section 1 of act Aug. 1, 1914.

A provision in act Aug. 1, 1914, appropriated a specific sum for

the construction, repair, etc., of ditches, reservoirs, etc., and

for the pay of designated officials and employees.

-MISC1-

AMENDMENTS

1982 - Pub. L. 98-293 struck out provisions requiring Secretary

of the Interior to transmit annual cost accounts to Congress of all

moneys expended on each irrigation project.

1946 - Act Aug. 7, 1946, discontinued provisions requiring

Secretary of the Interior to transmit annual cost accounts to

Congress of all moneys expended on each irrigation project.

-End-

-CITE-

25 USC Sec. 385a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 385a. Irrigation projects; deposit of assessments as trust

fund; disposition of fund

-STATUTE-

Effective August 7, 1946, collections made from water users on

each Indian irrigation project on account of assessments levied to

meet the cost of operating and maintaining such project shall be

deposited into the Treasury for credit to a trust-fund account

pursuant to section 1321 of title 31, and shall be available for

expenditure in carrying out the purposes for which collected.

-SOURCE-

(Aug. 7, 1946, ch. 802, Sec. 1, 60 Stat. 895.)

-COD-

CODIFICATION

"Section 1321 of title 31" substituted in text for "section 20 of

the Permanent Appropriation Repeal Act, 1934 (48 Stat. 1227) [31

U.S.C. 725s]" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,

1982, 96 Stat. 1067, the first section of which enacted Title 31,

Money and Finance.

Section was formerly classified to section 725s-1 of Title 31

prior to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 385b of this title.

-End-

-CITE-

25 USC Sec. 385b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 385b. Amounts creditable to fund

-STATUTE-

There shall be credited to each trust-fund account established

under section 385a of this title the excess, if any, of (1) the

unexpended balance of any repealed special fund appropriation to

which operation and maintenance collections were credited prior to

July 1, 1935, and (2) the amount of receipts covered into the

Treasury pursuant to section 4 of the Permanent Appropriation

Repeal Act, 1934 (48 Stat. 1227), over expenditures from

appropriations provided for the operation and maintenance of the

irrigation project from which such unexpended balance or receipts

were derived, and the amount so credited shall be subject to

expenditure as prescribed in section 385a of this title.

-SOURCE-

(Aug. 7, 1946, ch. 802, Sec. 2, 60 Stat. 895.)

-REFTEXT-

REFERENCES IN TEXT

Section 4 of the Permanent Appropriation Repeal Act, 1934,

referred to in text, is section 4 of act June 26, 1934, ch. 756, 48

Stat. 1227, which was classified to section 725c of former Title

31, and was omitted from the Code in the general revision and

enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sept.

13, 1982, 96 Stat. 877.

-COD-

CODIFICATION

Section was formerly classified to section 725s-2 of Title 31

prior to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-End-

-CITE-

25 USC Sec. 385c 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 385c. Appropriation and disposition of power revenues

-STATUTE-

Revenues collected after August 7, 1946, from power operations on

each Indian irrigation project and deposited into the Treasury for

credit to miscellaneous receipts pursuant to section 4 of the

Permanent Appropriation Repeal Act, 1934 (48 Stat. 1227), or

pursuant to other provisions of law, are authorized to be

appropriated annually, in specific or in indefinite amounts, equal

to the collections so credited, for the following purposes in

connection with the respective projects from which such revenues

are derived: (1) Payment of the expenses of operating and

maintaining the power system; (2) creation and maintenance of

reserve funds to be available for making repairs and replacements

to, defraying emergency expenses for, and insuring continuous

operation of the power system, the fund for each project to be

maintained at such level, within limits set by the Director of the

Office of Management and Budget, as may from time to time be

prescribed by the Secretary of the Interior; (3) amortization, in

accordance with the repayment provisions of the applicable statutes

or contracts, of construction costs allocated to be returned from

power revenues; and (4) payment of other expenses and obligations

chargeable to power revenues to the extent required or permitted by

law.

-SOURCE-

(Aug. 7, 1946, ch. 802, Sec. 3, 60 Stat. 895; 1970 Reorg. Plan No.

2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.)

-REFTEXT-

REFERENCES IN TEXT

Section 4 of the Permanent Appropriation Repeal Act, 1934,

referred to in text, is section 4 of act June 26, 1934, ch. 756, 48

Stat. 1227, which was classified to section 725c of former Title

31, and was omitted from the Code in the general revision and

enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sept.

13, 1982, 96 Stat. 877.

-COD-

CODIFICATION

Section was formerly classified to section 725s-3 of Title 31

prior to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-TRANS-

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in

Bureau of the Budget or Director of Bureau of the Budget

transferred to President by section 101 of Reorg. Plan No. 2 of

1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102

of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as

Office of Management and Budget.

-End-

-CITE-

25 USC Sec. 386 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 386. Reimbursement of construction charges

-STATUTE-

The Secretary of the Interior is authorized and directed to

require the owners of irrigable land under any irrigation system

constructed for the benefit of Indians and to which water for

irrigation purposes can be delivered to begin partial reimbursement

of the construction charges, where reimbursement is required by

law, at such times and in such amounts as he may deem best; all

payments hereunder to be credited on a per acre basis in favor of

the land in behalf of which such payments shall have been made and

to be deducted from the total per acre charge assessable against

said land.

-SOURCE-

(Feb. 14, 1920, ch. 75, Sec. 1, 41 Stat. 409.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 386a of this title.

-End-

-CITE-

25 USC Sec. 386a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 386a. Adjustment of reimbursable debts; construction charges

-STATUTE-

The Secretary of the Interior is hereby authorized and directed

to adjust or eliminate reimbursable charges of the Government of

the United States existing as debts against individual Indians or

tribes of Indians in such a way as shall be equitable and just in

consideration of all the circumstances under which such charges

were made: Provided, That the collection of all construction costs

against any Indian-owned lands within any Government irrigation

project is hereby deferred, and no assessments shall be made on

behalf of such charges against such lands until the Indian title

thereto shall have been extinguished, and any construction

assessments heretofore levied against such lands in accordance with

the provisions of section 386 of this title, and uncollected, are

hereby canceled: Provided further, That the Secretary shall report

such adjustments and eliminations to the Congress not later than

sixty calendar days following the end of the fiscal year in which

they are made: Provided further, That any proceedings hereunder

shall not be effective until approved by Congress unless Congress

shall have failed to act favorably or unfavorably thereon by

concurrent resolution within ninety calendar days after the filing

of said report, in which case they shall become effective at the

termination of the said ninety calendar days: Provided further,

That the Secretary shall adjust or eliminate charges, defer

collection of construction costs, and make no assessment on behalf

of such charges for beneficiaries that hold leases on Hawaiian home

lands, to the same extent as is permitted for individual Indians or

tribes of Indians under this section.

-SOURCE-

(July 1, 1932, ch. 369, 47 Stat. 564; Pub. L. 97-375, title II,

Sec. 208(a), Dec. 21, 1982, 96 Stat. 1824; Pub. L. 104-42, title

II, Sec. 207, Nov. 2, 1995, 109 Stat. 364.)

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-42 inserted before period at end ": Provided

further, That the Secretary shall adjust or eliminate charges,

defer collection of construction costs, and make no assessment on

behalf of such charges for beneficiaries that hold leases on

Hawaiian home lands, to the same extent as is permitted for

individual Indians or tribes of Indians under this section".

1982 - Pub. L. 97-375, Sec. 208(a)(1), substituted "That the

Secretary shall report such adjustments and eliminations to the

Congress not later than sixty calendar days following the end of

the fiscal year in which they are made" for "That a report shall be

made to Congress annually, on the first Monday in December, showing

adjustments so made during the preceding fiscal year" in second

proviso.

Pub. L. 97-375, Sec. 208(a)(2), substituted "ninety calendar

days" for "sixty legislative days" wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 564l of this title; title

43 sections 620c, 1542.

-End-

-CITE-

25 USC Sec. 387 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 387. Omitted

-COD-

CODIFICATION

Section, which related to basis of apportionment of costs of

irrigation projects was from the Interior Department Appropriation

Act, 1946, July 3, 1945, ch. 262, 59 Stat. 328, and was not

repeated in the Interior Department Appropriation Act of 1947, act

July 1, 1946, ch. 529, 60 Stat. 348. Similar provisions were

contained in the following prior appropriation acts:

June 28, 1944, ch. 298, 58 Stat. 474.

July 12, 1943, ch. 219, 57 Stat. 461.

July 2, 1942, ch. 473, 56 Stat. 518.

June 28, 1941, ch. 259, 55 Stat. 317.

June 18, 1940, ch. 395, 54 Stat. 419.

May 10, 1939, ch. 119, 53 Stat. 700.

May 9, 1938, ch. 187, 52 Stat. 304.

Aug. 9, 1937, ch. 570, 50 Stat. 577.

June 22, 1936, ch. 691, 49 Stat. 1769.

May 9, 1935, ch. 101, 49 Stat. 186.

Mar. 2, 1934, ch. 38, 48 Stat. 370.

Feb. 17, 1933, ch. 98, 47 Stat. 829.

Apr. 22, 1932, ch. 125, 47 Stat. 100.

Feb. 14, 1931, ch. 187, 46 Stat. 1126.

May 14, 1930, ch. 273, 46 Stat. 290.

Mar. 4, 1929, ch. 705, 45 Stat. 1573.

Mar. 7, 1928, ch. 137, 45 Stat. 210.

-End-

-CITE-

25 USC Sec. 388 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 388. Claims for damages; settlement by agreement

-STATUTE-

The Secretary of the Interior is authorized to pay out of funds

available for the Indian irrigation projects for damages caused to

owners of lands or other private property of any kind by reason of

the operations of the United States, its officers or employees, in

the survey, construction, operation, or maintenance of irrigation

works of such projects and which may be compromised by agreement

between the claimant and the Secretary of the Interior or such

officers as he may designate: Provided, That the total of any such

claims authorized to be settled as herein contemplated shall not

exceed 5 per centum of the funds available for the project under

which such claims arise during any one fiscal year.

-SOURCE-

(Feb. 20, 1929, ch. 279, 45 Stat. 1252.)

-End-

-CITE-

25 USC Sec. 389 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 389. Investigation and adjustment of irrigation charges on

lands within projects on Indian reservations

-STATUTE-

The Secretary of the Interior is authorized and directed to cause

an investigation to be made to determine whether the owners of

non-Indian lands under Indian irrigation projects and under

projects where the United States has purchased water rights for

Indians are unable to pay irrigation charges, including

construction, maintenance, and operating charges, because of

inability to operate such lands profitably by reason of lack of

fertility of the soil, inadequacy of water supply, defects of

irrigation works, or for any other causes. Where the Secretary

finds that said landowners are unable to make payment due to the

existence of such causes, he may adjust, defer, or cancel such

charges, in whole or in part, as the facts and conditions warrant.

In adjusting or deferring any such charges the Secretary may enter

into contracts with said land owners for the payment of past due

charges, but such contracts shall not extend the payment of such

charges over a period in excess of ten years.

-SOURCE-

(June 22, 1936, ch. 692, Sec. 1, 49 Stat. 1803.)

-MISC1-

FLATHEAD INDIAN IRRIGATION PROJECT

Act July 26, 1947, ch. 340, 61 Stat. 494, provided that

notwithstanding any provisions of sections 389 to 389e of this

title, the Secretary of the Interior could defer the collection of

irrigation construction charges on the Flathead Indian Irrigation

Project until January 1, 1949.

FORT PECK INDIAN IRRIGATION PROJECT

In accordance with sections 389 to 389e of this title, the order

of the Secretary of the Interior canceling delinquent irrigation

operation and maintenance charges of $461.40 and accrued interest

thereon for certain lands adjacent to but outside the Fort Peck

Indian irrigation project, $206,902.21 against lands within the

Fort Peck project, and $118,266.64 of unassessed construction costs

allocable against both Indian and non-Indian owned lands in the

Fraiser-Wolf Point unit of the Fort Peck project, was approved by

Pub. L. 90-143, Nov. 16, 1967, 81 Stat. 465.

KLAMATH INDIAN IRRIGATION PROJECT

In accordance with sections 389 to 389e of this title, the order

of the Secretary of the Interior canceling $401,440.55 of

reimbursable irrigation costs and any accrued interest thereon

chargeable to lands in the Klamath Indian irrigation project, was

approved by Pub. L. 88-456, Aug. 20, 1964, 78 Stat. 554.

OROVILLE-TONASKET IRRIGATION DISTRICT

Action of the Secretary of the Interior taken on May 19, 1942,

pursuant to authority contained in sections 389 to 389e of this

title with respect to lands within the Oroville-Tonasket Irrigation

District was confirmed by Congress in act Dec. 24, 1942, ch. 816,

56 Stat. 1082.

UINTAH INDIAN IRRIGATION PROJECT

Pub. L. 91-403, Secs. 1-5, Sept. 18, 1970, 84 Stat. 843, 844,

authorized the Secretary of the Interior 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.

Action of Secretary of the Interior taken pursuant to authority

contained in sections 389 to 389e of this title with respect to

lands within the Uintah Indian Irrigation Project was confirmed by

Congress in act May 28, 1941, ch. 142, 55 Stat. 209.

WAPATO INDIAN IRRIGATION PROJECT

In accordance with sections 389 to 389e of this title, order of

Secretary of the Interior dated Sept. 12, 1962, canceling $4,494.58

of delinquent irrigation charges, providing for the deferred

payment of $10,356.03, and providing for the removal of 78.12 acres

of assessable land from the Wapato Indian irrigation project, was

approved by Pub. L. 88-159, Oct. 28, 1963, 77 Stat. 278.

In accordance with sections 389 to 389e of this title, order of

Secretary of the Interior canceling $35,700.72 of delinquent

irrigation charges, providing for the deferred payment of

$13,851.98, and providing for the removal of two hundred thirty-two

and fifty-six one hundredths acres of assessable land from the

Wapato Indian irrigation project, was approved by Pub. L. 86-281,

Sept. 16, 1959, 73 Stat. 564.

Action by the Secretary of the Interior taken Sept. 9, 1942,

pursuant to authority contained in sections 389 to 389e of this

title with respect to lands within the Wapato Indian irrigation

project was confirmed in act Dec. 24, 1942, ch. 815, 56 Stat. 1081.

WIND RIVER INDIAN IRRIGATION PROJECT

In accordance with sections 389 to 389e of this title, the order

of the Secretary of the Interior, canceling delinquent operation

and maintenance irrigation charges of $1,134.99 and accrued

interest thereon, against lands on the Wind River Indian irrigation

project, and a contract for the deferred payment of delinquent

charges in the amount of $2,331.59, was approved by Pub. L. 88-116,

Sept. 6, 1963, 77 Stat. 151.

In accordance with sections 389 to 389e of this title, the order

of the Secretary of the Interior, canceling delinquent irrigation

charges of $36,439.70 and accrued interest therein, and providing

for a deferred payment of $8,706.27, as shown in schedules A, B,

and C of such order, was approved by Pub. L. 87-516, July 2, 1962,

76 Stat. 128, provided that the cancellation under schedule B not

become effective until the landowners agree to pay the balance of

such delinquent charges amounting to $1,556.40.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 389d, 389e of this title.

-End-

-CITE-

25 USC Sec. 389a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 389a. Declaring lands to be temporarily nonirrigable

-STATUTE-

Where the Secretary finds that any such lands cannot be

cultivated profitably due to a present lack of water supply, proper

drainage facilities, or need of additional construction work, he

shall declare such lands temporarily nonirrigable for periods not

to exceed five years and no charges shall be assessed against such

lands during such periods.

-SOURCE-

(June 22, 1936, ch. 692, Sec. 2, 49 Stat. 1804.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 389d, 389e of this title.

-End-

-CITE-

25 USC Sec. 389b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 389b. Elimination to permanently nonirrigable lands

-STATUTE-

Where the Secretary finds that any such lands are permanently

nonirrigable he may, with the consent of the landowner, eliminate

such lands from the project.

-SOURCE-

(June 22, 1936, ch. 692, Sec. 3, 49 Stat. 1804.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 389d, 389e of this title.

-End-

-CITE-

25 USC Sec. 389c 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 389c. Cancellation of charges in absence of lien or contract

for payment

-STATUTE-

Where irrigation assessments against any such lands remained

unpaid at the time the Indian title to such lands became

extinguished and no lien existed and attached to such lands for the

payment of charges so assessed and no contract for the payment of

such charges was entered into, the Secretary shall cancel all such

charges.

-SOURCE-

(June 22, 1936, ch. 692, Sec. 4, 49 Stat. 1804.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 389d, 389e of this title.

-End-

-CITE-

25 USC Sec. 389d 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 389d. Rules and regulations

-STATUTE-

The Secretary shall have power to make such rules and regulations

as may be necessary to carry out the provisions of sections 389 to

389e of this title.

-SOURCE-

(June 22, 1936, ch. 692, Sec. 5, 49 Stat. 1804.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 389e of this title.

-End-

-CITE-

25 USC Sec. 389e 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 389e. Actions taken to be included in report to Congress

-STATUTE-

The Secretary shall include in the report to Congress required

pursuant to section 389a (!1) of this title, a description of

actions taken under the provisions of sections 389 to 389e of this

title during the preceding fiscal year. No proceedings under such

sections shall become effective until approved by the Congress.

-SOURCE-

(June 22, 1936, ch. 692, Sec. 6, 49 Stat. 1804; Pub. L. 96-470,

title II, Sec. 206(b), Oct. 19, 1980, 94 Stat. 2244.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-470 substituted provision requiring the

Secretary to include in the report to Congress required pursuant to

section 389a of this title a description of the actions taken under

sections 389 to 389e of this title during the preceding fiscal year

for provision requiring the Secretary to make reports to Congress

on the first Monday of each regular session, and from time to time

thereafter, showing actions taken under sections 389 to 389e of

this title during the preceding fiscal year.

APPROVAL OF SECRETARY'S ACTION

The action of the Secretary of the Interior in deferring the

collection of certain irrigation charges against lands under the

Blackfeet Indian irrigation project in Montana was approved by

Joint Res. Apr. 11, 1940, ch. 78, 54 Stat. 105.

-FOOTNOTE-

(!1) So in original. Probably should refer to section 386a.

-End-

-CITE-

25 USC Sec. 390 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-

Sec. 390. Concessions on reservoir sites and other lands in Indian

irrigation projects; leases for agricultural, grazing, and other

purposes

-STATUTE-

The Secretary of the Interior be, and he is hereby, authorized,

in his discretion, to grant concessions on reservoir sites,

reserves for canals or flowage areas, and other lands under his

jurisdiction which have been withdrawn or otherwise acquired in

connection with the San Carlos, Fort Hall, Flathead, and Duck

Valley or Western Shoshone irrigation projects for the benefit in

whole or in part of Indians, and to lease such lands for

agricultural, grazing, or other purposes: Provided, That no lands

so leased shall be eligible for benefit payments under the crop

control program, or the soil conservation act: Provided further,

That such concessions may be granted or lands leased by the

Secretary of the Interior under such rules, regulations, and laws

as govern his administration of the public domain as far as

applicable, for such considerations, monetary or otherwise, and for

such periods of time as he may deem proper, the term of no

concession to exceed a period of ten years: Provided further, That

the funds derived from such concessions or leases, except funds so

derived from Indian tribal property withdrawn for irrigation

purposes and for which the tribe has not been compensated, shall be

available for expenditure in accordance with the existing laws in

the operation and maintenance of the irrigation projects with which

they are connected. Any funds derived from reserves for which the

tribe has not been compensated shall be deposited to the credit of

the proper tribe: Provided further, That where tribal lands of any

Indian tribe organized under section 476 of this title, have been

withdrawn or reserved for the purposes hereinbefore mentioned, such

lands may be leased or concessions may be granted thereon only by

the proper tribal authorities, upon such conditions and subject to

such limitations as may be set forth in the constitution and bylaws

or charter of the respective tribes: Provided further, That

concessions for recreation and fish and wildlife purposes on San

Carlos Lake may be granted only by the governing body of the San

Carlos Apache Tribe upon such conditions and subject to such

limitations as may be set forth in the constitution and bylaws of

such Tribe.

-SOURCE-

(Apr. 4, 1938, ch. 63, 52 Stat. 193; Pub. L. 102-575, title XXXVII,

Sec. 3710(e), Oct. 30, 1992, 106 Stat. 4750.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-575 inserted before period at end ": Provided

further, That concessions for recreation and fish and wildlife

purposes on San Carlos Lake may be granted only by the governing

body of the San Carlos Apache Tribe upon such conditions and

subject to such limitations as may be set forth in the constitution

and bylaws of such Tribe".

EFFECTIVE AND TERMINATION DATES OF 1992 AMENDMENT

Section 3711(a)-(c) of title XXXVII of Pub. L. 102-575, as

amended by Pub. L. 103-435, Sec. 13, Nov. 2, 1994, 108 Stat. 4572;

Pub. L. 104-91, title II, Sec. 202(a), Jan. 6, 1996, 110 Stat. 14;

Pub. L. 104-261, Sec. 3, Oct. 9, 1996, 110 Stat. 3176; Pub. L.

105-18, title II, Sec. 5003(a), (b), June 12, 1997, 111 Stat. 181,

provided that:

"(a) Effective Date of Authorization. - The authorization

contained in section 3708(b) of this title [106 Stat. 4748] shall

become effective as of the date the Secretary causes to be

published in the Federal Register a statement of findings [The

statement was published in the Federal Register on Dec. 28, 1999,

64 F.R. 72674.] that -

"(1) the Secretary has fulfilled the requirements of sections

3704 and 3706 [106 Stat. 4742, 4745];

"(2) the Roosevelt Water Conservation District subcontract for

agricultural water service from CAP has been revised and executed

as provided in section 3705(b) [106 Stat. 4744];

"(3) the funds authorized by section 3707(c) [106 Stat. 4748]

have been appropriated and deposited into the Fund;

"(4) the contract referred to in section 3707(a)(2) [106 Stat.

4747] has been amended;

"(5) the State of Arizona has appropriated and deposited into

the Fund $3,000,000 as required by the Agreement;

"(6) the stipulations attached to the Agreement as Exhibits 'D'

and 'E' have been approved; and

"(7) the Agreement has been modified, to the extent it is in

conflict with this title [amending this section and section 1524

of Title 43, Public Lands, and enacting provisions set out as a

note under section 1524 of Title 43], and has been executed by

the Secretary.

"(b) Conditions. - (1) If the actions described in paragraphs

(1), (2), (3), (4), (5), (6), and (7) of subsection (a) of this

section have not occurred by March 31, 1999, subsections (c) and

(d) of section 3704 [106 Stat. 4743], subsections (a) and (b) of

section 3705 [106 Stat. 4744], section 3706 [106 Stat. 4745],

subsections (a)(2), (c), (d), and (f) of section 3707 [106 Stat.

4747], subsections (b) and (c) of section 3708 [106 Stat. 4748],

and subsections (a), (b), (c), (d), (e), (g), (h), (j), and (l) of

section 3710 of this title [106 Stat. 4750, subsec. (e) amends this

section], together with any contracts entered into pursuant to any

such section or subsection, shall not be effective on and after the

date of enactment of this title [Oct. 30, 1992], and any funds

appropriated pursuant to section 3707(c) [106 Stat. 4748], and

remaining unobligated and unexpended on the date of the enactment

of this title, shall immediately revert to the Treasury, as general

revenues, and any funds appropriated by the State of Arizona

pursuant to the Agreement, and remaining unobligated and unexpended

on the date of the enactment of this title, shall immediately

revert to the State of Arizona.

"(2) Notwithstanding the provisions of paragraph (1) of this

subsection, if the provisions of subsections (a) and (b) of section

3705 of this title have been otherwise accomplished pursuant to

provisions of the Act of October 20, 1988 [Pub. L. 100-512, 102

Stat. 2549], the provisions of paragraph (1) of this subsection

shall not be construed as affecting such subsections.

"(c) Extension for River System General Adjudication. - If, at

any time prior to March 31, 1999, the Secretary notifies the

Committee on Indian Affairs of the United States Senate or the

Committee on Resources in the United States House of

Representatives that the Settlement Agreement, as executed by the

Secretary, has been submitted to the Superior Court of the State of

Arizona in and for Maricopa County for consideration and approval

as part of the General Adjudication of the Gila River System and

Source, the [sic] March 31, 1999, referred to in subsection (b)(1)

shall be deemed to be changed to December 31, 1999. [The Secretary

notified the Committees on Mar. 30, 1999.]"

[For definitions of terms used in section 3711(a)-(c) of Pub. L.

102-575, set out above, see section 3703 of Pub. L. 102-575, title

XXXVII, Oct. 30, 1992, 106 Stat. 4741, as amended.]

[Pub. L. 104-91, title II, Sec. 202(b), Jan. 6, 1996, 110 Stat.

14, provided that:

["(1) In general. - The amendment made by subsection (a)

[amending section 3711 of Pub. L. 102-575, set out above] shall

take effect as of December 31, 1995.

["(2) Lapsed provisions of law and contracts. - The provisions of

subsections (c) and (d) of section 3704 [106 Stat. 4743],

subsections (a) and (b) of section 3705 [106 Stat. 4744], section

3706 [106 Stat. 4745], subsections (a)(2), (c), (d), and (f) of

section 3707 [106 Stat. 4747], subsections (b) and (c) of section

3708 [106 Stat. 4748], and subsections (a), (b), (c), (d), (e),

(g), (h), (j), and (l) of section 3710 of such Act [106 Stat. 4750,

subsec. (e) amends this section], together with each contract

entered into pursuant to any such section or subsection (with the

consent of the non-Federal parties thereto), shall be effective on

and after the date of enactment of this Act [Jan. 6, 1996], subject

to the December 31, 1996, deadline specified in such section

3711(b)(1), as amended by subsection (a) of this section [section

3711(b)(1) of Pub. L. 102-575, set out above]."]

-End-