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16 U.S.C. § 435Acquiring reservation land

submitted 104 years ago by ch. 295 to r/title-16-CONSERVATION · 189 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior must negotiate with the Agua Caliente Band of Indians to get their consent to give up rights to the Riverside County monument land. Once they agree, the Secretary pays the tribe's members from the donated fund. Certain water rights and irrigation structures stay under the Bureau of Indian Affairs instead.

This section explains how the Secretary of the Interior carries out the land deal described in section 434 of this title. To figure out how much to pay, the Secretary must negotiate with the Agua Caliente Band of Indians to get their consent and their relinquishment of rights to the land. Once that consent and relinquishment are obtained and an agreement is reached, the Secretary may pay the enrolled members of the Agua Caliente Band from the donated fund described in section 434. The Secretary has discretion over how to get that consent and relinquishment, and how to make the payment. Some things are carved out of the new reserve entirely: the water rights, dam, pipe lines, canals, and irrigation structures located in sections 2 and 3 of the described township and range, along with all water and water rights in Palm Canyon. These stay under the exclusive control and supervision of the Bureau of Indian Affairs. Finally, the Federal Power Act does not apply to this monument.
the actual law source: uscode.house.gov ↗public domain

In order to determine the amount to be paid under section 434 of this title the Secretary of the Interior is authorized and directed to negotiate with said Indians to obtain their consent and relinquishment, and when such consent and relinquishment has been obtained and an agreement reached the Secretary of the Interior is further authorized to make payment from said donated fund for the lands relinquished to the enrolled members of the said Agua Caliente Band as authorized by section 434 of this title. The consent and relinquishment of the Indians may be obtained and payment made for the lands in such manner as the Secretary of the Interior may deem advisable. The water rights, dam, pipe lines, canals, and irrigation structures located in sections 2 and 3 of township 5 south, range 4 east, San Bernardino meridian, and also all water and water rights in Palm Canyon, are excepted from this reserve and shall remain under the exclusive control and supervision of the Bureau of Indian Affairs. The provisions of the Federal Power Act [16 U.S.C. 791a et seq.] shall not apply to this monument.

Source credit: (Aug. 26, 1922, ch. 295, §§ 2, 3, 42 Stat. 832.)

history & why it existsrecord from the source credit
  • 1922Enacted · Act of Aug. 26, 1922, ch. 295 · 42 Stat. 832

A history note hasn’t been published yet. The record shows enactment by ch. 295 on 1922-08-26.

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