US Codex
U.S.C.
Browse by date

View an earlier version

Latest
1 year ago
Aug 30, 2025
5 years ago
Aug 30, 2021
Browse all versions by date
Notes

25 U.S.C. §§ 389–389e

6 sections in range

§389. Investigation and adjustment of irrigation charges on lands within projects on Indian reservations

25 U.S.C. § 389

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.
Notes, amendments, and revision history

(June 22, 1936, ch. 692, § 1, 49 Stat. 1803.)

Statutory Notes and Related Subsidiaries

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, §§ 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.

§389a. Declaring lands to be temporarily nonirrigable

25 U.S.C. § 389a

Where the Secretary finds that any such lands cannot be cultivated profitably due to a present lack of water supply, proper drainage facilities, or need of additional construction work, he shall declare such lands temporarily nonirrigable for periods not to exceed five years and no charges shall be assessed against such lands during such periods.
Notes, amendments, and revision history

(June 22, 1936, ch. 692, § 2, 49 Stat. 1804.)

§389c. Cancellation of charges in absence of lien or contract for payment

25 U.S.C. § 389c

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.
Notes, amendments, and revision history

(June 22, 1936, ch. 692, § 4, 49 Stat. 1804.)

§389e. Actions taken to be included in report to Congress

25 U.S.C. § 389e

The Secretary shall include in the report to Congress required pursuant to section 389a1 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.

Footnotes

  1. 1 So in original. Probably should refer to section 386a.
Notes, amendments, and revision history

(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 required pursuant to section 389a of this title a description 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 sections 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 deferring 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.