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. (Apr. 4, 1910, ch. 140, §§ 1, 3, 36 Stat. 270, 272; Aug. 1, 1914, ch. 222, § 1, 38 Stat. 583; Aug. 7, 1946, ch. 770, § 1 (8), 60 Stat. 867.) AMENDMENTS 1946-Act Aug. 7, 1946, repealed the provisions requiring the Secretary of the Interior to transmit annual cost accounts to Congress of all moneys expended on each irrigation project. § 386. Reimbursement of construction charges. 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. (Feb. 14, 1920, ch. 75, § 1, 41 Stat. 409.) § 386a. Adjustment of reimbursable debts; construction charges. The Secretary of the Interior is 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 a report shall be made to Congress annually, on the first Monday in December, showing adjustments so made during the preceding fiscal year: 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 sixty legislative days after the filling of said report, in which case they shall become effective at the termination of the said sixty legislative days. (July 1, 1932, ch. 369, 47 Stat. 564.) § 387. Basis of apportionment of costs of irrigation projects including maintenance; liens. 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, § 1, 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 Provisions similar to those of the Interior Department Appropriation Act, 1946, were in the following prior acts: 1944 June 28, 1944, ch. 298, § 1, 58 Stat. 474. 1943-July 12, 1943, ch. 219, § 1, 57 Stat. 461. 1942-July 2, 1942, ch. 473, § 1, 56 Stat. 518. 1941-June 28, 1941, ch. 259, § 1, 55 Stat. 317. 1940-June 18, 1940, ch. 395, § 1, 54 Stat. 419. 1939-May 10, 1939, ch. 119, § 1, 53 Stat. 700. 1938-May 9, 1938, ch. 187, § 1, 52 Stat. 304. 1937-Aug. 9, 1937, ch. 570, § 1, 50 Stat. 577. 1936 June 22, 1936, ch. 691, § 1, 49 Stat. 1769. 1935-May 9, 1935, ch. 101, § 1, 49 Stat. 186. 1934 Mar. 2, 1934, ch. 38, § 1, 48 Stat. 370. 1933-Feb. 17, 1933, ch. 98, § 1, 47 Stat. 829. 1932-Apr. 22, 1932, ch. 125, § 1, 47 Stat. 100. 1931-Feb. 14, 1931, ch. 187, § 1, 46 Stat. 1126. 1930-May 14, 1930, ch. 273, § 1, 46 Stat. 290. 1929-Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1573. 1928-Mar. 7, 1928, ch. 137, § 1, 45 Stat. 210. § 388. Claims for damages; settlement by agreement. 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. (Feb. 20, 1929, ch. 279, 45 Stat. 1252.) § 389. Investigation and adjustment of irrigation charges on lands within projects on Indian reservations. 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. (June 22, 1936, ch. 692, § 1, 49 Stat. 1803.) WIND RIVER INDIAN IRRIGATION PROJECT Pub. L. 88-116, Sept. 6, 1963, 77 Stat. 151, provided: "That, in accordance with the provision of the Act of June 22, 1936 (49 Stat. 1803, 25 U.S.C. 389-389e, the order of the Secretary of the Interior canceling delinquent operation and maintenance irrigation charges in the amount of $1,134.99, which includes both principal and accrued interest thereon, against lands on the Wind River Indian irrigation project, Wyoming, described as the northwest quarter northwest quarter, southwest quarter northwest quarter of section 9, township 1 south, range 4 east, Wind River meridian, and a contract for the deferred payment of delinquent charges in the amount of $2,331.59, are hereby approved." Pub. L. 87-516, July 2, 1962, 76 Stat. 128, provided: "That, in accordance with the provisions of the Act of June 22, 1936 (49 Stat. 1803, 25 U.S.C. 389-389e), the order of the Secretary of the Interior, canceling $36,439.70 of delinquent irrigation charges, plus accrued interest thereon, and providing for the deferred payment of $8,706.27, as shown on schedules A, B, and C, which are referred to in such order, is hereby approved; Provided, That the cancellation of $2,093.14 under schedule B shall not become effective until the landowners have executed contracts as provided in the Act of June 22, 1936, agreeing to pay the balance of such delinquent charges amounting to $1,556.40". FLATHEAD INDIAN IRRIGATION PROJECT Act July 26, 1947, ch. 340, 61 Stat. 494, provided that notwithstanding any provisions of sections 389-389e 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. UINTAH INDIAN IRRIGATION PROJECT Action of Secretary of the Interior taken pursuant to authority contained in sections 389-389e 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. OROVILLE-TONASKET IRRIGATION DISTRICT Action of the Secretary of the Interior taken on May 19, 1942, pursuant to authority contained in sections 389389e 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. WAPATO INDIAN IRRIGATION PROJECT In accordance with sections 389-389e 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 389-389e 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 389389e 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. KLAMATH INDIAN IRRIGATION PROJECT In accordance with sections 389-389e of this title, the order of the Secretary of 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. § 389a. Same; declaring lands to be temporarily nonirrigable. 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. (June 22, 1936, ch. 692, § 2, 49 Stat. 1804.) § 389b. Elimination to permanently nonirrigable lands. 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. (June 22, 1936, ch. 692, § 3, 49 Stat. 1804.) § 389c. Same; cancellation of charges in absence of lien or contract for payment. 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. (June 22, 1936, ch. 692, § 4, 49 Stat. 1804.) § 389d. Same; 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 389-389c of this title. (June 22, 1936, ch. 692, § 5, 49 Stat. 1804.) § 389e. Same; reports to Congress. The Secretary shall make reports to the Congress on the first Monday of each regular session, and from time to time thereafter, showing the action taken under the provisions of sections 389-389d of this title during the preceding year. No proceedings under such sections shall become effective until approved by the Congress. (June 22, 1936, ch. 692. § 6, 49 Stat. 1804.) 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, 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. (Apr. 4, 1938, ch. 63, 52 Stat. 193.) § 391. Continuance of restrictions on alienation in patent. Prior to the expiration of the trust period of any Indian allottee to whom a trust or other patent containing restrictions upon alienation has been or shall be issued under any law or treaty the President may, in his discretion, continue such restrictions on alienation for such period as he may deem best: Provided, however, That this shall not apply to lands in the former Indian Territory. (June 21, 1906, ch. 3504, 34 Stat. 326.) CROSS REFERENCES Certain lands not to be allotted in severalty to any Indian, see section 461 of this title. Extension of trust periods expiring in 1943, and extension of trust periods of certain lands, see notes under section 348 of this title. § 391a. Sale for town site; removal of restriction. For the purpose of allowing any Indian allottee to sell for townsite purposes any portion of the lands allotted to him, the Secretary of the Interior may, by order, remove restrictions upon the alienation of such lands and issue fee-simple patents therefor under such rules and regulations as he may prescribe. (June 21, 1906, ch. 3504, 34 Stat. 373.) CROSS REFERENCES Certain lands not to be allotted in severalty to any Indian, see section 461 of this title. § 392. Consent to or approval of alienation of allotments by Secretary of Interior. Whenever, in any law or treaty or in any patent issued to Indian allottees for lands in severalty pursuant to such law or treaty, there appears a provision to the effect that the lands so allotted cannot be alienated without the consent of the President of the United States, the Secretary of the Interior shall have full power and authority to consent to or approve of the alienation of such allotments, in whole or in part, in his discretion, by deed, will, lease, or any other form of conveyance, and such consent or approval by the Secretary of the Interior had in all such cases shall have the same force and legal effect as though the consent or approval of the President had previously been obtained: Provided, however, That the approval by the Secretary of the Interior of wills by Indian allottees or their heirs involving lands held under such patents shall not operate to remove the restrictions against alienation unless such order of approval by said Secretary shall specifically so direct. (Sept. 21, 1922, ch. 367, § 6, 42 Stat. 995.) CROSS REFERENCES Certain lands not to be allotted in severalty to any Indian, see section 461 of this title. § 393. Leases of restricted allotments. The restricted allotment of any Indian may be leased for farming and grazing purposes by the allottee or his heirs, subject only to the approval of the superintendent or other officer in charge of the reservation where the land is located, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That this provision shall not apply to the Five Civilized Tribes. (Mar. 3, 1921, ch. 119, § 1, 41 Stat. 1232.) TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. CROSS REFERENCES Lease of inherited allotments by superintendent in certain cases, see section 380 of this title. § 393a. Same; lands of Five Civilized Tribes. From and after thirty days from February 11, 1936 the restricted lands belonging to Indians of the Five Civilized Tribes in Oklahoma of one-half or more Indian blood, enrolled or unenrolled, may be leased for periods of not to exceed five years for farming and grazing purposes, under such rules and regulations as the Secretary of the Interior may prescribe and not otherwise. Such leases shall be made by the owner or owners of such lands, if adults, subject to approval by the superintendent or other official in charge of the Five Civilized Tribes Agency, and by such superintendent or other official in charge of said agency in cases of minors and of Indians who are non compos mentis. (Feb. 11, 1936, ch. 50, 49 Stat. 1135.) TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. § 394. Leases of arid allotted lands. Whenever it shall appear to the satisfaction of the Secretary of the Interior that the allotted lands of any Indian are arid but susceptible of irrigation and that the allottee, by reason of old age or other disability, cannot personally occupy or improve his allotment or any portion thereof, such lands, or such portion thereof, may be leased for a period not exceeding ten years, under such terms, rules, and regulations as may be prescribed by the Secretary of the Interior. (May 18, 1916, ch. 125, § 1, 39 Stat. 128.) CROSS REFERENCES Restricted allotments authorized to be leased for farming and grazing purposes, see section 393 of this title. § 395. Leases of allotted lands where allottee is incapacitated. Whenever it shall be made to appear to the Secretary of the Interior that, by reason of age, disability, or inability, any allottee of Indian lands cannot personally, and with benefit to himself, occupy or improve his allotment or any part thereof, the same may be leased upon such terms, regulations, and conditions as shall be prescribed by the Secretary for a term not exceeding five years, for farming purposes only. (May 31, 1900, ch. 598, § 1, 31 Stat. 229.) CODIFICATION Act May 31, 1900 is applicable to "any allottee of Indian lands" and authorizes leases "for a term not exceeding five years, for farming purposes only" and supersedes the following prior provisions: 1897-Act June 7, 1897, ch. 3, § 1, 30 Stat. 85. OTHER LEASING PROVISIONS Special provisions for leasing allotted lands on certain reservations named in Utah and in Wyoming, for cultivation under irrigation, were made by act Apr. 30, 1908, ch. 153, 35 Stat. 95, 97. Special provisions permitting Indians to whom lands have been allotted on the Yakima Indian reservation in the State of Washington, to lease such lands for agricultural purposes for a term not exceeding 5 years, or unimproved lands for a term not exceeding 10 years were made by acts May 31, 1900, ch. 598, § 1, 31 Stat. 246; Mar. 1, 1899, ch. 324, § 1, 30 Stat. 941. CROSS REFERENCES Lands held in trust may be leased by allottee for period not to exceed five years under rules and regulations of the Secretary of the Interior, see section 403 of this title. Leases of arid allotted lands susceptible of irrigation where Indian is unable personally to occupy and improve his allotment, see section 394 of this title. § 396. Leases of allotted lands for mining purposes. All lands allotted to Indians in severalty, except allotments made to members of the Five Civilized Tribes and Osage Indians in Oklahoma, may by said allottee be leased for mining purposes for any term of years as may be deemed advisable by the Secretary of the Interior; and the Secretary of the Interior is authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this section into full force and effect: Provided, That if the said allottee is deceased and the heirs to or devisees of any interest in the allotment have not been determined, or, if determined, some or all of them cannot be located, the Secretary of the Interior may offer for sale leases for mining purposes to the highest responsible qualified bidder, at public auction, or on sealed bids, after notice and advertisement, upon such terms and conditions as the Secretary of the Interior may prescribe. The Secretary of the Interior shall have the right to reject all bids whenever in his judgment the interests of the Indians will be served by so doing, and to readvertise such lease for sale. (Mar. 3, 1909, ch. 263, 35 Stat. 783; Aug. 9, 1955, ch. 615, § 3, 69 Stat. 540.) AMENDMENTS 1955-Act Aug. 9, 1955, authorized the Secretary of Interior to lease allotted lands for mining purposes where the allottee is deceased and the heirs to or devisees of any interest in the allotment either have not been determined or cannot be located. CROSS REFERENCES Lands held in trust may be leased by allottee for period not to exceed five years under rules and regulations of the Secretary of the Interior, see section 403 of this title. § 396a. Leases of unallotted lands for mining purposes; duration of leases. On and after May 11, 1938, unallotted lands within any Indian reservation or lands owned by any tribe, group, or band of Indians under Federal jurisdiction, except those specifically excepted from the provisions of this section by section 396f of this title, may, with the approval of the Secretary of the Interior, be leased for mining purposes, by authority of the tribal council or other authorized spokesmen for such Indians, for terms not to exceed ten years and as long thereafter as minerals are produced in paying quantities. (May 11, 1938, ch. 198, § 1, 52 Stat. 347.) REPEAL OF INCONSISTENT ACTS Section 7 of act May 11, 1938, provided that: "All Acts or parts of Acts inconsistent herewith are hereby repealed." CROSS REFERENCES Wind River Indian Reservation, administration and leasing of minerals, see note set out under section 611 of this title. § 396b. Public auction of oil and gas leases; requirements. Leases for oil- and/or gas-mining purposes covering such unallotted lands shall be offered for sale to the highest responsible qualified bidder, at public auction or on sealed bids, after notice and advertisement, upon such terms and subject to such conditions as the Secretary of the Interior may prescribe. Such advertisement shall reserve to the Secretary of the Interior the right to reject all bids whenever in his judgment the interest of the Indians will be served by so doing, and if no satisfactory bid is received, or the accepted bidder fails to complete the lease, or the Secretary of the Interior shall determine that it is unwise in the interest of the Indians to accept the highest bid, said Secretary may readvertise such lease for sale, or with the consent of the tribal council or other governing tribal authorities, a lease may be made by private negotiations: Provided, That the foregoing provisions shall in no manner restrict the right of tribes organized and incorporated under sections 476 and 477 of this title, to lease lands for mining purposes as therein provided and in accordance with the provisions of any constitution and charter adopted by any Indian tribe pursuant to sections 461, 462, 463, 464-475, 476-478, and 479 of this title. (May 11, 1938, ch. 198, § 2, 52 Stat. 347.) REPEAL OF INCONSISTENT ACTS Section 7 of act May 11, 1938, provided that: "All Acts or parts of Acts inconsistent herewith are hereby repealed." § 396c. Lessees of restricted lands to furnish bonds for performance. Lessees of restricted Indian lands, tribal or allotted, for mining purposes, including oil and gas, shall furnish corporate surety bonds, in amounts satisfactory to the Secretary of the Interior, guaranteeing compliance with the terms of their leases: Provided, That personal surety bonds may be accepted where the sureties deposit as collateral with the said Secretary of the Interior any public-debt obligations of the United States guaranteed as to principal and interest by the United States equal to the full amount of such bonds, or other collateral satisfactory to the Secretary of the Interior, or show ownership to unencumbered real estate of a value equal to twice the amount of the bonds. (May 11, 1938, ch. 198, § 3, 52 Stat. 348.) REPEAL OF INCONSISTENT ACTS Section 7 of act May 11, 1938, provided that: "All Acts or parts of Acts inconsistent herewith are hereby repealed." § 396d. Rules and regulations governing operations; limitations on oil or gas leases. All operations under any oil, gas, or other mineral lease issued pursuant to the terms of any act affecting restricted Indian lands shall be subject to the rules and regulations promulgated by the Secretary of the Interior. In the discretion of the said Secretary, any lease for oil or gas issued under the provisions of sections 396a-396g of this title shall be made subject to the terms of any reasonable cooperative unit or other plan approved or prescribed by said Secretary prior or subsequent to the issuance of any such lease which involves the development or production of oil or gas from land covered by such lease. (May 11, 1938, ch. 198, § 4, 52 Stat. 348.) REPEAL OF INCONSISTENT ACTS Section 7 of act May 11, 1938, provided that: "All Acts or parts of Acts inconsistent herewith are hereby repealed." § 396e. Officials authorized to approve leases. The Secretary of the Interior may, in his discretion, authorize superintendents or other officials in the Indian Service to approve leases for oil, gas, or other mining purposes covering any restricted Indian lands, tribal or allotted. (May 11, 1938, ch. 198, § 5. 52 Stat. 348.) REPEAL OF INCONSISTENT ACTS Section 7 of act May 11, 1938, provided that: “All Acts or parts of Acts inconsistent herewith are hereby repealed." |