25 U.S.C. § 390 — Concessions on reservoir sites and other

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 under sec- tions 389 to 389e of this title during the preceding fiscal year. Statutory Notes and Related Subsidiaries APPROVAL OF SECRETARY’S ACTION The action of the Secretary of the Interior in defer- ring 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 ca- nals or flowage areas, and other lands under his jurisdiction which have been withdrawn or oth- erwise acquired in connection with the San Car- los, 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 consider- ations, monetary or otherwise, and for such pe- riods 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 de- rived from Indian tribal property withdrawn for irrigation purposes and for which the tribe has not been compensated, shall be available for ex- penditure in accordance with the existing laws in the operation and maintenance of the irriga- tion projects with which they are connected. Any funds derived from reserves for which the tribe has not been compensated shall be depos- ited to the credit of the proper tribe: Provided further, That where tribal lands of any Indian tribe organized under section 5123 of this title, have been withdrawn or reserved for the pur- poses 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 fur- ther, 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.) Editorial Notes 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1992 AMENDMENT Pub. L. 102–575, title XXXVII, § 3711, Oct. 30, 1992, 106 Stat. 4751, 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 author- ization contained in section 3708(b) of this title [106 Stat. 4748] shall become effective as of the date the Sec- retary causes to be published in the Federal Register a statement of findings [The statement was published in the Federal Register on Dec. 28, 1999, 64 F.R. 72674.] that— ‘‘(1) the Secretary has fulfilled the requirements of sections 3704 and 3706 [106 Stat. 4742, 4745]; Page 115 TITLE 25—INDIANS § 390 ‘‘(2) the Roosevelt Water Conservation District sub- contract 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; ‘‘(4) the contract referred to in section 3707(a)(2) [106 Stat. 4747] has been amended; ‘‘(5) the State of Arizona has appropriated and de- posited into the Fund $3,000,000 as required by the Agreement; ‘‘(6) the stipulations attached to the Agreement as Exhibits ‘D’ and ‘E’ have been approved; and ‘‘(7) the Agreement has been modified, to the extent it is in conflict with this title [amending this section and section 1524 of Title 43, Public Lands, and enact- ing provisions set out as a note under section 1524 of Title 43], and has been executed by the Secretary. ‘‘(b) CONDITIONS.—(1) If the actions described in para- graphs (1), (2), (3), (4), (5), (6), and (7) of subsection (a) of this section have not occurred by March 31, 1999, sub- sections (c) and (d) of section 3704 [106 Stat. 4743], sub- sections (a) and (b) of section 3705 [106 Stat. 4744], sec- tion 3706 [106 Stat. 4745], subsections (a)(2), (c), (d), and (f) of section 3707 [106 Stat. 4747], subsections (b) and (c) of section 3708 [106 Stat. 4748], and subsections (a), (b), (c), (d), (e), (g), (h), (j), and (l) of section 3710 of this title [106 Stat. 4750, subsec. (e) amends this section], to- gether with any contracts entered into pursuant to any such section or subsection, shall not be effective on and after the date of enactment of this title [Oct. 30, 1992], and any funds appropriated pursuant to section 3707(c) [106 Stat. 4748], and remaining unobligated and unex- pended on the date of the enactment of this title, shall immediately revert to the Treasury, as general reve- nues, and any funds appropriated by the State of Ari- zona pursuant to the Agreement, and remaining unobli- gated and unexpended on the date of the enactment of this title, shall immediately revert to the State of Ari- zona. ‘‘(2) Notwithstanding the provisions of paragraph (1) of this subsection, if the provisions of subsections (a) and (b) of section 3705 of this title have been otherwise accomplished pursuant to provisions of the Act of Octo- ber 20, 1988 [Pub. L. 100–512, 102 Stat. 2549], the provi- sions of paragraph (1) of this subsection shall not be construed as affecting such subsections. ‘‘(c) EXTENSION FOR RIVER SYSTEM GENERAL ADJU- DICATION.—If, at any time prior to March 31, 1999, the Secretary notifies the Committee on Indian Affairs of the United States Senate or the Committee on Re- sources in the United States House of Representatives that the Settlement Agreement, as executed by the Secretary, has been submitted to the Superior Court of the State of Arizona in and for Maricopa County for consideration and approval as part of the General Adju- dication of the Gila River System and Source, the [sic] March 31, 1999, referred to in subsection (b)(1) shall be deemed to be changed to December 31, 1999. [The Sec- retary notified the Committees on Mar. 30, 1999.]’’ [For definitions of terms used in section 3711 of Pub. L. 102–575, set out above, see section 3703 of Pub. L. 102–575, title XXXVII, Oct. 30, 1992, 106 Stat. 4741, as amended.] [Pub. L. 104–91, title II, § 202(b), Jan. 6, 1996, 110 Stat. 14, provided that: [‘‘(1) IN GENERAL.—The amendment made by sub- section (a) [amending section 3711 of Pub. L. 102–575, set out above] shall take effect as of December 31, 1995. [‘‘(2) LAPSED PROVISIONS OF LAW AND CONTRACTS.—The provisions of subsections (c) and (d) of section 3704 [106 Stat. 4743], subsections (a) and (b) of section 3705 [106 Stat. 4744], section 3706 [106 Stat. 4745], subsections (a)(2), (c), (d), and (f) of section 3707 [106 Stat. 4747], sub- sections (b) and (c) of section 3708 [106 Stat. 4748], and subsections (a), (b), (c), (d), (e), (g), (h), (j), and (l) of section 3710 of such Act [106 Stat. 4750, subsec. (e) amends this section], together with each contract en- tered into pursuant to any such section or subsection (with the consent of the non-Federal parties thereto), shall be effective on and after the date of enactment of this Act [Jan. 6, 1996], subject to the December 31, 1996, deadline specified in such section 3711(b)(1), as amended by subsection (a) of this section [section 3711(b)(1) of Pub. L. 102–575, set out above].’’] CHAPTER 12—LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS Sec. 391. Continuance of restrictions on alienation in patent. 391a. Sale for town site; removal of restriction. 392. Consent to or approval of alienation of allot- ments by Secretary of the Interior. 393. Leases of restricted allotments. 393a. Lands of Five Civilized Tribes. 394. Leases of arid allotted lands. 395. Leases of allotted lands where allottee is in- capacitated. 396. Leases of allotted lands for mining purposes. 396a. Leases of unallotted lands for mining pur- poses; duration of leases. 396b. Public auction of oil and gas leases; require- ments. 396c. Lessees of restricted lands to furnish bonds for performance. 396d. Rules and regulations governing operations; limitations on oil or gas leases. 396e. Officials authorized to approve leases. 396f. Lands excepted from leasing provisions. 396g. Subsurface storage of oil or gas. 397. Leases of lands for grazing or mining. 398. Leases of unallotted lands for oil and gas mining purposes. 398a. Leases of unallotted lands for oil and gas mining purposes within Executive order In- dian reservations. 398b. Proceeds from rentals, royalties, and bonuses; disposition. 398c. Taxes. 398d. Changes in boundaries of Executive order res- ervations. 398e. Applications for permits to prospect for oil and gas filed under other statutes; disposi- tion. 399. Leases of unallotted mineral lands withdrawn from entry under mining laws. 400. Leases for mining purposes of reserved and unallotted lands in Fort Peck and Blackfeet Indian Reservations. 400a. Lease for mining purposes of land reserved for agency or school; disposition of proceeds; royalty. 401. Leases for mining purposes of unallotted lands in Kaw Reservation. 402. Leases of surplus lands. 402a. Lease of unallotted irrigable lands for farm- ing purposes. 403. Leases of lands held in trust. 403a. Lease of lands on Port Madison and Snoho- mish or Tulalip Indian Reservations in Washington. 403a–1. Sale or partition by owners of interests in al- lotted lands in the Tulalip Reservation; ter- mination of Federal title, trust, and restric- tions. 403a–2. Acquisition, management, and disposal of lands by Tulalip Tribe. 403b. Lease of restricted lands in State of Wash- ington. 403c. Identity of lessor; period of lease. 404. Sale on petition of allottee or heirs. 405. Sale of allotment of noncompetent Indian. 406. Sale of timber on lands held under trust. 407. Sale of timber on unallotted lands. 407a to 407c. Omitted. 407d. Charges for special services to purchasers of timber.