§ 390. — Concessions on reservoir sites and other lands in Indian irrigation projects; leases for agricultural, grazing, and other purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC390]
TITLE 25--INDIANS
CHAPTER 11--IRRIGATION OF ALLOTTED LANDS
Sec. 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
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have been withdrawn or otherwise acquired in connection with the San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property withdrawn for irrigation purposes and for which the tribe has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 476 of
this title, have been withdrawn or reserved for the purposes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.
(Apr. 4, 1938, ch. 63, 52 Stat. 193; Pub. L. 102-575, title XXXVII,
Sec. 3710(e), Oct. 30, 1992, 106 Stat. 4750.)
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''.
Effective and Termination Dates of 1992 Amendment
Section 3711(a)-(c) of title XXXVII of Pub. L. 102-575, as amended
by Pub. L. 103-435, Sec. 13, Nov. 2, 1994, 108 Stat. 4572; Pub. L. 104-
91, title II, Sec. 202(a), Jan. 6, 1996, 110 Stat. 14; Pub. L. 104-261,
Sec. 3, Oct. 9, 1996, 110 Stat. 3176; Pub. L. 105-18, title II,
Sec. 5003(a), (b), June 12, 1997, 111 Stat. 181, provided that:
``(a) Effective Date of Authorization.--The authorization contained
in section 3708(b) of this title [106 Stat. 4748] shall become effective
as of the date the Secretary 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];
``(2) the Roosevelt Water Conservation District subcontract 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 deposited 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 enacting 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 paragraphs (1),
(2), (3), (4), (5), (6), and (7) of subsection (a) of this section have
not occurred by March 31, 1999, 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], 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], together 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 unexpended on the date of the enactment of
this title, shall immediately revert to the Treasury, as general
revenues, and any funds appropriated by the State of Arizona pursuant to
the Agreement, and remaining unobligated and unexpended on the date of
the enactment of this title, shall immediately revert to the State of
Arizona.
``(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 October 20, 1988 [Pub. L. 100-512, 102 Stat. 2549], the
provisions of paragraph (1) of this subsection shall not be construed as
affecting such subsections.
``(c) Extension for River System General Adjudication.--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 Resources
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 Adjudication 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 Secretary notified the Committees on Mar. 30, 1999.]''
[For definitions of terms used in section 3711(a)-(c) 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, Sec. 202(b), Jan. 6, 1996, 110 Stat. 14,
provided that:
[``(1) In general.--The amendment made by subsection (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], 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 such Act [106 Stat. 4750, subsec. (e) amends this section],
together with each contract entered 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].'']
