-CITE-
    25 USC CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS            01/03/2007

-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        Repealed.                                             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                                             01/03/2007

-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.)

-End-

-CITE-
    25 USC Sec. 382                                             01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 11 - IRRIGATION OF ALLOTTED LANDS

-HEAD-
    Sec. 383. Repealed.

-MISC1-
    Sec. 383. Repealed. Pub. L. 97-293, title II, Sec. 224(f), Oct. 12,
      1982, 96 Stat. 1273.
      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                                             01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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.

-End-

-CITE-
    25 USC Sec. 385b                                            01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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.)

-End-

-CITE-
    25 USC Sec. 386a                                            01/03/2007

-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.

-End-

-CITE-
    25 USC Sec. 387                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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.

-End-

-CITE-
    25 USC Sec. 389a                                            01/03/2007

-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.)

-End-

-CITE-
    25 USC Sec. 389b                                            01/03/2007

-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.)

-End-

-CITE-
    25 USC Sec. 389c                                            01/03/2007

-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.)

-End-

-CITE-
    25 USC Sec. 389d                                            01/03/2007

-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.)

-End-

-CITE-
    25 USC Sec. 389e                                            01/03/2007

-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                                             01/03/2007

-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-