§ 389d TITLE 25—INDIANS Page 102

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

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.

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

SECTION REFERRED TO IN OTHER SECTIONS

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

this title.

§ 389d. Rules and regulations

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.

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

SECTION REFERRED TO IN OTHER SECTIONS

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

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

Congress

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.

(June 22, 1936, ch. 692, §6, 49 Stat. 1804; Pub. L.

96–470, title II, §206(b), Oct. 19, 1980, 94 Stat.

2244.)

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.

§ 390. Concessions on reservoir sites and other

lands in Indian irrigation projects; leases for

agricultural, grazing, and other purposes

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jurisdiction which have been withdrawn or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.

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

title XXXVII, §3710(e), Oct. 30, 1992, 106 Stat.

4750.)

AMENDMENT OF SECTION

For termination of amendment by section

3711(b)(1) of Pub. L. 102–575, see Effective and

Termination Dates of 1992 Amendment note

below.

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, §13, Nov. 2, 1994, 108

Stat. 4572; Pub. L. 104–91, title II, §202(a), Jan. 6, 1996,

110 Stat. 14; Pub. L. 104–261, §3, Oct. 9, 1996, 110 Stat.

3176; Pub. L. 105–18, title II, §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 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;