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25 U.S.C. § 390Concessions on reservoir sites and other lands in Indian irrigation projects; leases for agricultural, grazing, and other purposes

submitted 88 years ago by ch. 63 to r/title-25-INDIANS · 367 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can grant concessions and leases on land tied to specific Indian irrigation projects. These cover the San Carlos, Fort Hall, Flathead, and Duck Valley or Western Shoshone projects. Leases can't exceed ten years, and tribal-organized lands need tribal authority approval instead.

The Secretary of the Interior may, at his discretion, grant concessions on reservoir sites, canal or flowage reserves, and other lands under his authority that were withdrawn or acquired for the San Carlos, Fort Hall, Flathead, and Duck Valley or Western Shoshone irrigation projects — for the benefit of Indians in whole or part. He can also lease this land for farming, grazing, or other purposes. Leased land is not eligible for crop control program or soil conservation act benefit payments. Concessions and leases must follow the same rules, regulations, and laws that govern the Secretary's management of public lands, as far as those apply. The Secretary sets the payment (money or otherwise) and time period, but no single concession can run longer than ten years. Money from these concessions or leases must be spent, under existing law, on operating and maintaining the irrigation projects they're connected to — except money from tribal property the tribe hasn't been compensated for, which instead goes to that tribe's credit. If tribal land belongs to a tribe organized under section 5123 of this title, only that tribe's own authorities can lease the land or grant concessions on it — under conditions set in the tribe's constitution, bylaws, or charter. And concessions for recreation or fish and wildlife on San Carlos Lake can only be granted by the San Carlos Apache Tribe's governing body, under its own constitution and bylaws.
the actual law source: uscode.house.gov ↗public domain

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on reservoir sites, reserves for canals or flowage areas, and other lands under his jurisdiction which have been withdrawn or otherwise acquired in connection with the San Carlos, Fort Hall, Flathead, and Duck Valley or Western Shoshone irrigation projects for the benefit in whole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 5123 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.

Source credit: (Apr. 4, 1938, ch. 63, 52 Stat. 193; Pub. L. 102–575, title XXXVII, § 3710(e), Oct. 30, 1992, 106 Stat. 4750.)

history & why it existsrecord from the source credit
  • 1938Enacted · Act of Apr. 4, 1938, ch. 63 · 52 Stat. 193
  • 1992Amended · Pub. L. 102-575 · 106 Stat. 4750

A history note hasn’t been published yet. The record shows enactment by ch. 63 on 1938-04-04.

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