---
kind: "range"
citation: "25 U.S.C. §§ 389–389e"
title: "25"
from: "389"
to: "389e"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/25/389..389e"
---

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


The [Secretary](/usc/25/5130.md?p=1) of the Interior is authorized and directed to cause an investigation to be made to determine whether the owners of non-[Indian lands](/usc/25/3653.md?p=3) under [Indian](/usc/25/1934.md) irrigation [projects](/usc/25/5611.md?p=2) and under [projects](/usc/25/5611.md?p=2) where the United States has purchased water rights for [Indians](/usc/25/1934.md) 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](/usc/25/5130.md?p=1) 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](/usc/25/5130.md?p=1) 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.


# §389a. Declaring lands to be temporarily nonirrigable


Where the [Secretary](/usc/25/5130.md?p=1) 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.


# §389b. Elimination to permanently nonirrigable lands


Where the [Secretary](/usc/25/5130.md?p=1) finds that any such lands are permanently nonirrigable he may, with the consent of the landowner, eliminate such lands from the [project](/usc/25/5611.md?p=2).


# §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](/usc/25/1934.md) 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](/usc/25/5130.md?p=1) shall cancel all such charges.


# §389d. Rules and regulations


The [Secretary](/usc/25/5130.md?p=1) shall have power to make such rules and regulations as may be necessary to carry out the provisions of [sections 389 to 389e](/usc/25/389..389e.md) of this title.


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


The [Secretary](/usc/25/5130.md?p=1) shall include in the report to Congress required pursuant to [section 389a](/usc/25/389a.md)[^1] of this title, a description of actions taken under the provisions of [sections 389 to 389e](/usc/25/389..389e.md) of this title during the preceding fiscal year. No proceedings under such sections shall become effective until approved by the Congress.