25 U.S.C. § 383 — Repealed. Pub. L. 97–293, title II, § 224(f),

Page 110 TITLE 25—INDIANS § 381 such lands are not in use by any of the heirs and the heirs have not been able during a three- months’ period to agree upon a lease by reason of the number of the heirs, their absence from the reservation, or for other cause, under such rules and regulations as the Secretary of the In- terior may prescribe. The proceeds derived from such leases shall be credited to the estates or other accounts of the individuals entitled there- to in accordance with their respective interests. (July 8, 1940, ch. 554, 54 Stat. 745.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 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. CHAPTER 11—IRRIGATION OF ALLOTTED LANDS 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 Repealed. 384.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 con- struction 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 reve- nues. 386. Reimbursement of construction charges. 386a. Adjustment of reimbursable debts; construc- tion charges. 387. Omitted. 388. Claims for damages; settlement by agree- ment. 389. Investigation and adjustment of irrigation charges on lands within projects on Indian reservations. 389a. Declaring lands to be temporarily nonirri- gable. 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 Con- gress. 390. Concessions on reservoir sites and other lands in Indian irrigation projects; leases for agri- cultural, grazing, and other purposes. § 381. Irrigation lands; regulation of use of water In cases where the use of water for irrigation is necessary to render the lands within any In- dian reservation available for agricultural pur- poses, 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 appro- priation or grant of water by any riparian pro- prietor shall be authorized or permitted to the damage of any other riparian proprietor. (Feb. 8, 1887, ch. 119, § 7, 24 Stat. 390.) § 382. Irrigation projects under Reclamation Act In carrying out any irrigation project which may be undertaken under the provisions of the Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), known as ‘‘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 ir- rigable 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 ref- erence 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. (Mar. 3, 1909, ch. 263, 35 Stat. 798.) Editorial Notes REFERENCES IN TEXT Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 371 of Title 43 and Tables. CODIFICATION A further proviso authorized the expenditure of a lim- ited amount from the appropriation in the act for irri- gation, to meet the cost of carrying out this section, and was omitted as temporary. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in act Apr. 30, 1908, ch. 153, 35 Stat. 85. § 383. Repealed. Pub. L. 97–293, title II, § 224(f), Oct. 12, 1982, 96 Stat. 1273 Section, act Aug. 4, 1910, ch. 140, § 1, 36 Stat. 270, pro- vided that no new irrigation project on any Indian res- ervation, allotments, or lands, could be undertaken until it had been estimated for and a maximum limit of cost ascertained from surveys, plans, and reports sub- mitted 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. § 384. Employment of superintendents of irriga- tion 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. (Apr. 4, 1910, ch. 140, § 1, 36 Stat. 271.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in