§ 389. — Investigation and adjustment of irrigation charges on lands within projects on Indian reservations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC389]
TITLE 25--INDIANS
CHAPTER 11--IRRIGATION OF ALLOTTED LANDS
Sec. 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, Sec. 1, 49 Stat. 1803.)
Flathead Indian Irrigation Project
Act July 26, 1947, ch. 340, 61 Stat. 494, provided that
notwithstanding any provisions of sections 389 to 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.
Fort Peck Indian Irrigation Project
In accordance with sections 389 to 389e of this title, the order of
the Secretary of the Interior canceling delinquent irrigation operation
and maintenance charges of $461.40 and accrued interest thereon for
certain lands adjacent to but outside the Fort Peck Indian irrigation
project, $206,902.21 against lands within the Fort Peck project, and
$118,266.64 of unassessed construction costs allocable against both
Indian and non-Indian owned lands in the Fraiser-Wolf Point unit of the
Fort Peck project, was approved by Pub. L. 90-143, Nov. 16, 1967, 81
Stat. 465.
Klamath Indian Irrigation Project
In accordance with sections 389 to 389e of this title, the order of
the Secretary of the 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.
Oroville-Tonasket Irrigation District
Action of the Secretary of the Interior taken on May 19, 1942,
pursuant to authority contained in sections 389 to 389e 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.
Uintah Indian Irrigation Project
Pub. L. 91-403, Secs. 1-5, Sept. 18, 1970, 84 Stat. 843, 844,
authorized the Secretary of the Interior to reimburse the Ute Tribe of
the Uintah and Ouray Reservation for tribal funds that were used to
construct, operate, and maintain the Uintah Indian irrigation project,
Utah.
Action of Secretary of the Interior taken pursuant to authority
contained in sections 389 to 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.
Wapato Indian Irrigation Project
In accordance with sections 389 to 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 to 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 389 to 389e 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.
Wind River Indian Irrigation Project
In accordance with sections 389 to 389e of this title, the order of
the Secretary of the Interior, canceling delinquent operation and
maintenance irrigation charges of $1,134.99 and accrued interest
thereon, against lands on the Wind River Indian irrigation project, and
a contract for the deferred payment of delinquent charges in the amount
of $2,331.59, was approved by Pub. L. 88-116, Sept. 6, 1963, 77 Stat.
151.
In accordance with sections 389 to 389e of this title, the order of
the Secretary of the Interior, canceling delinquent irrigation charges
of $36,439.70 and accrued interest therein, and providing for a deferred
payment of $8,706.27, as shown in schedules A, B, and C of such order,
was approved by Pub. L. 87-516, July 2, 1962, 76 Stat. 128, provided
that the cancellation under schedule B not become effective until the
landowners agree to pay the balance of such delinquent charges amounting
to $1,556.40.
Section Referred to in Other Sections
This section is referred to in sections 389d, 389e of this title.
