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25 U.S.C. § 390 — Concessions on reservoir sites and other lands in Indian irrigation projects; leases for agricultural, grazing, and other purposes
Federal law — U.S. Code and appendices · legal_authorities
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on reservoir sites, reserves for canals or flowage areas, and other lands under his jurisdiction which have been withdrawn or otherwise acquired in connection with the San Carlos, Fort Hall, Flathead, and Duck Valley or Western Shoshone irrigation projects for the benefit in whole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further, That the funds derived from such concessions or leases, except funds so derived from Indian tribal property withdrawn for irrigation purposes and for which the tribe has not been compensated, shall be available for expenditure in accordance with the existing laws in the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 5123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), have been withdrawn or reserved for the purposes hereinbefore mentioned, such lands may be lease
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Source file: Laws/federal/codes/united-states-code/title-25/section-390-concessions-on-reservoir-sites-and-other-lands-in-indian-irrigation-proj--cb121286b7.md
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Passage SHA-256: dc4772819bbb9ec061b6f801cbd3ef94aca8a075d29a5207189e71e7d3be0995
Source location: Title 25, Chapter 11, § 390; chapter-011-irrigation-of-allotted-lands.md
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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 5123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Adoption; effective date** Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effective when—
(1) ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the Secretary under such rules and regulations as the Secretary may prescribe; and
(2) approved by the Secretary pursuant to subsection (d) of this section.
**(b) Revocation** Any constitution or bylaws ratified and approved by the Secretary shall be revocable by an election open to the same voters and conducted in the same manner as provided in subsection (a) of this section for the adoption of a constitution or bylaws.
**(c) Election procedure; technical assistance; review of proposals; notification of contrary-to-applicable law findings**
(1) The Secretary shall call and hold an election as required by subsection (a) of this section—
(A) within one hundred and eighty days after the receipt of a tribal request for an election to ratify a proposed constitution and bylaws, or to revoke such constitution and bylaws; or
(B) within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws.
(2) During the time periods established by paragraph (1), the Secretary shall—
(A) provide such technical advice and assistance as may be requested by the tribe or as the Secretary determines may be needed; and
(B) review the final draft of the constitution and bylaws, or amendments thereto to determine if any provision therein is contrary to applicable laws.
(3) After the review provided in paragraph (2) and at least thirty days prior to the calling of the election, the Sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5123
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restriction on use of water for irrigation** Unless and until otherwise provided by Congress, water from the Central Arizona Project shall not be made available directly or indirectly for the irrigation of lands not having a recent irrigation history as determined by the Secretary, except in the case of Indian lands, national wildlife refuges, and, with the approval of the Secretary, State-administered wildlife management areas.
**(b) Contracts with municipal and industrial users**
(1) Irrigation and municipal and industrial water supply under the Central Arizona Project within the State of Arizona may, in the event the Secretary determines that it is necessary to effect repayment, be pursuant to master contracts with organizations which have power to levy assessments against all taxable real property within their boundaries. The terms and conditions of contracts or other arrangements whereby each such organization makes water from the Central Arizona Project available to users within its boundaries shall be subject to the Secretary’s approval, and the United States shall, if the Secretary determines such action is desirable to facilitate carrying out the provisions of this chapter, have the right to require that it be a party to such contracts or that contracts subsidiary to the master contracts be entered into between the United States and any user. The provisions of this clause (1) shall not apply to the supplying of water to an Indian tribe for use within the boundaries of an Indian reservation.
(2) Any obligation assumed pursuant to [section 485h(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section485h/d&num=0&edition=prelim) with respect to any project contract unit or irrigation block shall be repaid over a basic
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1524
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Federal law — U.S. Code and appendices · legal_authorities
When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title—
**(a)** The word “Secretary” means the Secretary of the Interior.
**(b)** The words “reclamation law” mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto.
**(c)** The words “reclamation fund” mean the fund provided by the reclamation law.
**(d)** The word “project” means a Federal irrigation project authorized by the reclamation law.
**(e)** The words “division of a project” mean a substantial irrigable area of a project designated as a division by order of the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 371
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Federal law — U.S. Code and appendices · legal_authorities
Page 114
TITLE 25—INDIANS
§ 389c
1 So in original. Probably should refer to section 386a.
(June 22, 1936, ch. 692, § 3, 49 Stat. 1804.)
§ 389c. 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. 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.)
§ 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.)
Editorial Notes
AMENDMENTS
1980—Pub. L. 96–470 substituted provision requiring
the Secretary to include in the report to Congress re-
quired pursuant to section 389a of this title a descrip-
tion 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 u
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 390
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