prises are to be conducted on a cash basis; [Paragraph (a) amended]

ap

$26.7 Applications requiring proval of the Commissioner of Indian Affairs. Applications of the following character shall require prior approval of the Commissioner of Indian Affairs: (a) Applications of Government employees; (b) applications of individuals who will have an aggregate indebtedness to the credit revolving fund exceeding $3,000; (c) applications for loans for the purchase of livestock, machinery, and equipment with maturities exceeding six years; (d) applications of enterprises which are not conducted on lands within the boundaries of the reservation, except enterprises operated in the State of Oklahoma.

PART 28-KLAMATH TRIBAL LOAN

FUND

Sec. 28.51 Compensation of members of the loan board and loan board employees. [Revised]

§ 28.51 Compensation of members of the loan board and loan board employees. Each duly elected and qualified member of the loan board shall be compensated for the time during which actually engaged upon the business of the Loan Board at the rate of $8 per day; Provided, That effective December 1, 1942, and up to and including June 30, 1945, an additional sum equal to 21.66 percent of such rate shall be paid such members, and an additional sum equal to 21.66 percent of the respective daily rates of pay of employees of the loan board, such as clerks, typists, etc., shall be paid such employees during the same period, unless otherwise rescinded or amended by the Klamath General Council or the Klamath Tribal Business Committee subject to the approval of the Secretary of the Interior. A day shall be deemed to consist of 8 hours. (Sec. 3, 50 Stat. 872; 25 U.S.C. 532) [Reg., July 28, 1944, 9 F.R. 9487]

PART 46-EDUCATION OF INDIANS UNDER STATE CONTRACT

Sec. 46.11 Basis for payment. [Revised] 46.15 When payments made. [Revised] 46.17 Vouchers required. [Revised] 46.20 Insurance covering nonexpendable property. [Revised]

AUTHORITY: §§ 46.11 to 46.20, appearing in this Supplement, issued under sec. 3, 49 Stat. 1459; 25 U.S.C. 454.

SOURCE: 46.11 to 46.20, appearing in this Supplement, contained in Regulations, Assistant Secretary of the Interior, Nov. 4, 1944, 9 FR. 13453.

§ 46.11 Basis for payment. Payment of sums due the State under a contract shall be made only for Indian pupils having one-quarter or more Indian blood who receive educational services from schools receiving financial assistance from federal funds provided by the contract. All payments shall be made to the designated state official for distribution to individual schools in accordance with the approved budget, but the total of all payments shall not exceed the amount of the contract or the amount earned at the rate per pupil per day specified in the contract.

Pay

§ 46.15 When payments made. ment may be made in three or nine installments as provided by the contract, except as provided by §§ 46.16 and 46.16a of this part. Where three payments are to be made they shall be for periods ending approximately November 30, February 28 and May 31. When nine payments are to be made, the, shall be for the periods ending approximately the last day of the month of September, and the last day of each succeeding month, including May of each year.

§ 46.17 Vouchers required. Payments will be made at the end of each period in accordance with the provisions of the contract on vouchers, in duplicate, submitted through the Area Superintendent of Indian Education or his designated representatives, or through the official designated by the contract. On the original of such voucher, the Chief State School Official or his designated representative shall certify that services have been rendered in accordance with the provisions of the contract and the regulations in this part. In addition to the regular certificate on each voucher, the final voucher shall set forth the number of children enrolled, the total days at

tended, and the total amount earned for the fiscal year. Attendance Reports of Teachers or County Superintendents shall not be attached to vouchers. Such reports shall be retained in the office of the State Department of Education and shall be available for inspection when required.

§ 46.20 Insurance covering nonexpendable property. When nonexpendable government property is turned over

Sec.

to public school authorities under a permit as required by § 46.19, the permittee shall insure such property against damage by fire, windstorm and tornado in amounts and with companies satisfactory to the superintendent of the Indian agency charged with responsibility for the property. In case of damage or destruction of such property by fire, windstorm, or tornado, the insurance money collected shall be expended only for repair or replacement of such property.

PART.61-GENERAL FOREST

REGULATIONS

61.25 Deduction for administrative purposes. [Revised]

§ 61.25 Deduction for administrative purposes. In all sales of timber from either allotted or unallotted land a sufficient deduction will be made from the gross proceeds to cover the cost of examining, supervising, advertising, collecting, disbursing, accounting, marketing, scaling, caring for the slash, and protecting from fire the timber and young growth left standing on the land being logged or upon adjacent land. Unless special instructions have been given by the Commissioner of Indian Affairs as to the amount of the deduc

Sec.

tion or the manner in which it is to be made, 10 per cent of the gross amount received for the timber sold under regular supervision from allotted or from unallotted land will be deducted by the Superintendent to cover administrative expenses as required by the Act of February 14, 1920 (41 Stat. 415; 25 U.S.C. 413), as amended. When timber on either allotted or unallotted land is sold for a lump sum on an estimate in such a manner that no administration by the Indian Service subsequent to the sale is required, a deduction of 5 per cent of the sale price will be made to cover the cost of estimating the timber and effecting the sale. (Sec. 1, 41 Stat. 415, 47 Stat. 1417; 25 U.S.C. 413) [Reg., Sept. 1, 1944, 9 F.R. 10845]

PART 94-CROW IRRIGATION PROJECT, MONTANA

94.16a Willow Creek Storage Reservoir, partial construction assessments. [Added]

§ 94.16a Willow Creek Storage Reservoir, partial construction assessments. Appropriations for the construction of the Willow Creek Dam as authorized by the Act of May 10, 1939 (53 Stat. 702703) and subsequent appropriation acts for this project made the funds so expended reimbursable.

The cost tentatively of the Willow Creek Storage Works, subject to subsequent adjustment, is fixed at $850,000.00. This sum is tentatively prorated against all project irrigable acreage under Lodge Grass No. 1, Lodge Grass No. 2, Reno, and Agency Ditches of the Crow Indian Irrigation Project, and against such

other irrigable acreages as may hereafter be designated thereunder by supplemental order or contract.

Until such time as the final irrigable acreage benefited has been fixed definitely and per acre assessment determined definitely, a partial assessment is hereby levied for the calendar year of 1944, and for each year thereafter until further order, of $1.00 per acre against all irrigable lands under the ditches heretofore named for which water for irrigation purposes can be delivered. This annual partial assessment shall be due and payable on or before November 15, 1944, and on the same date each year thereafter. All payments made by the landowner under this order for Willow Creek Storage benefits shall be credited on his proportionate per acre share of the total costs of the storage works when finally determined.

The operation of the Willow Creek Storage Works shall in no way affect the pro rata distribution of normal flow waters of the Crow Indian Irrigation project delivered to irrigable lands of the project within the watershed by the Court Water Commissioner, acting under the direction of the United States District Court for the District of Montana in the case of United States v. Powers, et al., Civil No. 75.

Crow Indian Irrigation Project water users under Upper Little Horn No. 2, Bozeman Trail, and Forty Mile Ditches, and all so-called private water users in the Little Big Horn watershed may participate in Willow Creek storage benefits, either by direct flow or by use of substituted waters from the Little Big Horn River, to the extent the Crow Indian Irrigation Project Engineer determines there is a surplus of Willow Creek storage water available over and above that required by project lands under Lodge Grass No. 1, Lodge Grass No. 2, Reno, and Agency Ditches. Participation shall be made by filing an application therefor and upon payment of the per acre charge herein fixed or as may be hereafter determined and fixed.

No storage, operation and maintenance charges shall be assessed during the 1944 calendar year for the operation of the Willow Creek Storage Works. (38 Stat. 583, 44 Stat. 660, 45 Stat. 210; 25 U.S.C. 385, 387) [Order, Mar. 1, 1944, 9 F.R. 2951]

COLORADO RIVER INDIAN IRRIGATION
PROJECT, ARIZONA

AUTHORITY: §§ 130.6 to 130.8a, inclusive, issued under 38 Stat. 583, 45 Stat. 210; 25 U.S.C. 385, 387.

SOURCE: 130.6 to 130.8a, inclusive, contained in Regulations, Assistant Secretary of the Interior, Apr. 17, 1944, 9 F.R. 4572.

The

§ 130.6 Basic water charges. annual basic charge against the land to which water can be delivered under the Colorado River Indian Irrigation Project in Arizona, for the operation and maintenance of that project, is hereby fixed until further notice at $4.50 per acre for the delivery of not in excess of 4 acre-feet of water per acre per annum except that when, with the approval by the Superintendent, certain alkali tracts are planted to rice with a view to reclaiming the lands, a quantity of water reasonably sufficient to carry away alkali salts may be furnished to any such tracts of land for not more than two successive years at a rate of $2.00 per acre per annum.

Page 1863

The foregoing charges do not apply to the lands used by the War Relocation Authority. The Memorandum of Understanding between the Interior Department and the Authority of January 29, 1944, shall govern the charges for water delivery.

§ 130.7 Excess water charge. For the delivery of water in excess of 4 acrefeet per acre per annum, additional charges are hereby fixed as follows:

For the delivery of the 5th acre-foot of water or fraction thereof, per acre per annum, $1.50 per acre-foot.

For the delivery of each acre-foot of water or fraction thereof, in excess of 5 acre-feet per acre per annum, $2.00 per acre-foot.

§ 130.8 Payment. The basic water charge fixed in § 130.6 is due on March 1 of each year, and shall be payable on or before that date.

The excess water charge is payable at the time the written request is made for the delivery of water in excess of the minimum four acre-feet per acre per annum and must be paid prior to the delivery of excess water.

No water shall be delivered for use on Indian trust lands under lease until after the Superintendent of the Indian reservation has certified to the Project Engineer that the lessee has paid the annual operation and maintenance charges and complied with all terms of the lease contract.

§ 130.8a Payment waived. Advance payment of the basic and excess water charges may be waived and water may be delivered to trust lands farmed by Indians who are financially unable to pay the charges, when (a) the land is planted to crops other than cotton, (b) the land planted to cotton does not exceed 5 acres, and (c) the Superintendent certifies to the financial status of the Indian and to the factual requirements of (a) and (b). Water may be delivered upon payment of $3.25 per acre of the charges fixed in § 130.6 of this part upon the issuance by the Superintendent of a certificate setting out that while more than five acres of trust land are planted to cotton, the Indian is financially able to pay only $3.25 of the annual per acre charges. Certificates by the Superintendent shall be issued only in proper cases. All unpaid charges are a lien on the land and the amount thereof shall be entered on the accounts without penalty.

COLVILLE INDIAN IRRIGATION PROJECT,

WASHINGTON

§ 130.9 Charges.

The per acre per annum rates for the following units are: Nespelem Unit $1.75; Little Nespelem Unit $1.75; Hall Creek-Twin Lakes Unit $2. [First sentence of second paragraph amended Apr. 24, 1944, 9 F.R. 49301

*

FLATHEAD INDIAN IRRIGATION PROJECT,

MONTANA

$130.16 Charge; Jocko Division. CODIFICATION: In the first paragraph of § 130.16 "$1.25" was substituted for "$1", by Regulation, Assistant Secretary of the Interior, Feb. 26, 1944, 9 F.R. 3141.

§ 130.17 Charges; Mission Valley and Camas Divisions.

CODIFICATION: In the first paragraph of § 130.17 "$1.50" was substituted for "$1.18" by Regulation, Assistant Secretary of the Interior, Feb. 26, 1944, 9 F.R. 3141.

FLATHEAD IRRIGATION DISTRICT, FLATHEAD INDIAN IRRIGATION PROJECT, MONTANA

§ 130.24 Charges. Pursuant to a contract executed by the Flathead Irrigation District, Flathead Indian Irrigation Project, Montana, on May 12, 1928, as supplemented by later contracts dated February 27, 1929, March 28, 1934, and August 26, 1936, notice is hereby given that an assessment of $94,000 is fixed for the season of 1945 for the operation and maintenance of the irrigation system which serves that portion of the project within the confines of the Flathead Irrigation District. This assessment involves an area of approximately 68,176.2 acres, does not include any land held in trust for Indians, and covers all proper general charges and project overhead. (38 Stat. 583, 39 Stat. 142, 45 Stat. 210, 46 Stat. 291; 25 U.S.C. 385, 387) [Reg., May 1, 1944, 9 F.R. 5399]

for the season of 1945 for the operation and maintenance of the irrigation system which serves that portion of the project within the confines of the Mission Irrigation District. This assessment involves an area of approximately 12,111.6 acres, does not include any lands held in trust for Indians, and covers all proper general charges and project overhead. (38 Stat. 583, 39 Stat. 142, 45 Stat. 210, 46 Stat. 291; 25 U.S.C. 385, 387) [Reg., June 16, 1944, 9 F.R. 6910]

JOCKO VALLEY IRRIGATION DISTRICT, FLATHEAD INDIAN IRRIGATION PROJECT, MONTANA

§ 130.28 Charges. Pursuant to a contract executed by the Jocko Valley Irrigation District, Flathead Indian Irrigation Project, Montana, on November 13, 1934, approved by the Secretary of the Interior on February 26, 1935, as supplemented by a later contract dated August 26, 1936, notice is hereby given that an assessment of $8,000 is fixed for the season of 1945 for the operation and maintenance of the irrigation system which serves that portion of the project within the confines of the Jocko Valley Irrigation District. This assessment involves an area of 5,501.9 acres, does not include any land held in trust for Indians, and covers all proper general charges and project overhead. (38 Stat. 583, 39 Stat. 142, 45 Stat. 210, 46 Stat. 291; 25 U.S.C. 385, 387) [Reg., May 1, 1944, 9 F.R. 5399]

FORT BELKNAP INDIAN IRRIGATION PROJECT, MONTANA

AUTHORITY: §§ 130.30 to 130.31a, inclusive, issued under 38 Stat. 583, 45 Stat. 210; 25 US.C. 385, 387.

SOURCE: §§ 130.30 to 130.31a, inclusive, contained in Regulations, Assistant Secretary of the Interior, Feb. 26, 1944, 9 F.R. 3142.

§ 130.30 Charges. The basic charge for operation and maintenance against the irrigable lands to which water can be delivered under the constructed project works of the Fort Belknap Indian Irrigation Project in Montana is hereby fixed at $1.25 per acre per annum until further notice.

The owners of Indian lands not under lease to non-Indians, who are financially unable to pay the total basic charge, may receive water during the calendar years 1944, 1945. 1946 and 1947 upon payment of the following proportionate share of

said charge against the lands for said years as hereinafter stated, viz: $.25 per acre for the year 1944; $.50 per acre for the year 1945; $.75 per acre for the year 1946; $1.00 per acre for the year 1947, and thereafter the full rate shall be collected. All unpaid charges or portions thereof shall remain a lien on the lands as provided in § 130.31.

§ 130.31

Payment. The annual charges fixed in § 130.30 shall become due on April 1 of each year, are payable on or before that date, and any assessment remaining unpaid after the due date shall stand as a first lien against the land. Any delinquent charges against land in non-Indian ownership and Indian lands under lease to non-Indians shall be subject to a penalty of one-half of 1% per month or fraction thereof from the due date until paid.

The delivery of water shall be refused to all tracts of land for which the charges have not been paid when due, except where the lands are in Indian ownership, not under lease to non-Indians, and the Indian owners shall have made the necessary arrangements with the Superintendent as hereafter provided. When any Indian owner of land not under lease to a non-Indian is financially unable to pay the operation and maintenance charges on the due date from cash on hand, the Superintendent may make the necessary arrangements with such Indian owner as will permit him to perform labor on the irrigation project works, the proceeds derived therefrom to be applied in partial payment of such charges. The Superintendent may also make necessary arrangements for such Indian owner to pay the operation and maintenance charges from the proceeds of the crops grown on the land when harvested and marketed within that calendar year, provided written statements to that effect are furnished the Superintendent by the Indian owner on or before the due date.

In any instance where the Superintendent is convinced that an Indian landowner, whose land is not under lease to a non-Indian, is financially unable to pay his operation and maintenance charges from proceeds of labor performed on the project works, or from the proceeds of the crops being grown on the land, or from any other source, the delivery of water may be continued if a