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INDIAN LANDS FOR AMERICAN FALLS RESERVOIR

An act authorizing the acquiring of Indian lands on the Fort Hall Indian Reservation, in Idaho, for reservoir purposes in connection with the Minidoka irrigation project. (Act of May 9, 1924, ch. 151, 43 Stat. 117)

[Sec. 1. Lands to be acquired-Description-Right of Indians.]—Subject to payment being made as provided herein, there is hereby granted to the United States, its successors and assigns, for the proposed American Falls Reservoir on the Snake River under the Minidoka Federal irrigation project, in Idaho, all right, title, and interest the Indians have to the tribal and allotted lands within that section of the Fort Hall Indian Reservation commonly referred to as the Fort Hall Bottoms, which lands will be inundated by the impounding of one million seven hundred thousand acre-feet of water within said proposed reservoir, together with a five-foot freeboard the elevation of which shall be established, using as a basis the one million five hundred thousand acre-foot contour line as shown in what is known as the Dyer-Dietz-Banks appraisal of Indian lands dated December 30, 1922, and on file in the Department of the Interior subject to the reservation of an easement to the Fort Hall Indians to use the said lands for grazing, hunting, fishing, and gathering of wood, and so forth, the same way as obtained prior to this enactment, in so far as such uses shall not interfere with the use of said lands for reservoir purposes. (43 Stat. 117)

Sec. 2. [Agreement or condemnation authorized-Appraisal-Payment.]— The Secretary of the Interior is hereby authorized to acquire by agreement or condemnation proceedings the area of allotted lands described in section 1. The value fixed by agreement with the allottees, and in any case where it may become necessary to institute condemnation proceedings for such purpose, the value of the allotment or allotments involved as determined by such proceedings, shall be paid out of the sum deposited to the credit of the Fort Hall Indians as provided in section 3 hereof. (43 Stat. 117)

Sec. 3. [Amount to be taken from reservoir construction money and deposited to credit of Indians.]-In consideration of the rights granted in section 1 hereof, of both tribal and allotted lands, there shall be deposited in the Treasury of the United States to the credit of the Fort Hall Indians the total sum of $700,000, which sum shall be taken from moneys appropriated for the construction of said reservoir: Provided, That the said sum of $700,000, when so deposited, shall draw interest at the rate of 4 per centum per annum. (43 Stat. 117)

Sec. 4. [Appraisal of damages to adjoining lands-Determination by board-Payment for.]-Should any lands above the five-foot freeboard, as provided in section 1, be damaged on account of the reservoir, the amount of the damage shall be determined by a board consisting of three members-two of which shall be appointed by the Secretary of the Interior-one from the Bureau of Indian Affairs, and one from the Bureau of Reclamation, the third member, who shall be a disinterested party, to be selected by the two so appointed. The amount of damage as fixed by the board shall be taken from moneys appro

INDIAN LANDS FOR AMERICAN FALLS RESERVOIR

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priated for the construction of said reservoir and deposited in the Treasury of the United States to the credit of the Fort Hall Indians. (43 Stat. 117)

Sec. 5. [Amount for relocation, etc., of main canal to irrigate Indian lands— Reimbursement by Indians benefited.]-There is hereby authorized to be appropriated not to exceed $100,000 of the money when deposited to the credit of the Fort Hall Tribe of Indians for use in relocating, enlarging, and reconstructing the main canal of the Fort Hall irrigation project to provide irrigation facilities for Indian lands situated in the southern portion of the Fort Hall Reservation, commonly known as the Michaud Flats, which amount so expended shall be reimbursed to the tribe by the Indians whose lands are benefited, on a per acre basis in accordance with such rules and regulations as the Secretary of the Interior may prescribe: Provided, That in all cases where the Indian title becomes extinguished prior to total reimbursement of the sum assessed against any particular allotment, the party acquiring title to such allotment shall be required to execute an agreement before any water will be furnished therefor, providing for the payment of construction charges assessed against such lands, and for the payment of the annual operation and maintenance charges. (43 Stat. 118)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Legislative History. S. 2902, Public Law 116 in the 68th Congress. S. Rept. No. 330.

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INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1925 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1925, and for other purposes. (Act of June 5, 1924, ch. 264, 43 Stat. 390)

[Yuma project-Restrictions on development of electric power-Repaying cost of plant.]-Yuma project, Arizona-California: * * * not to exceed $250,000 may be expended for the construction of a hydroelectric power plant at the syphon drop on the main canal: Provided, That no part of said sum of $250,000 shall be expended until contracts have been entered into by a majority of the water-right applicants and entrymen, for the lands to be charged with the cost of said hydroelectric power plant in the manner provided by section 4 of the reclamation extension act approved August 13, 1914 (Thirty-eighth Statutes at Large, page 686), wherein said water-right applicants and entrymen shall agree to repay the cost of said power plant chargeable against their lands, in 12 equal annual installments, commencing December 1, 1925. (43 Stat. 416)

EXPLANATORY NOTE

Reference in the Text. The Reclamation 686), referred to in the text, appears herein Extension Act approved August 13, 1914 in chronological order. (Thirty-eighth Statutes at Large, page

[Boise project-Drainage expenditures limited-Restrictions on development of electric power-Contract requirements-Rates for power.]-Boise project, Idaho: *** Provided, That the expenditure for drainage shall not exceed the amount paid by the water users pursuant to the provisions of the Boise public notice dated February 15, 1921, except for drainage in irrigation districts formed under State laws and upon the execution of agreements for the repayment to the United States of the costs thereof * * * Provided further, Repealed.

EXPLANATORY NOTE

Provisos Repealed. Section 3 of the Act of August 24, 1954, 68 Stat. 794, repealed the last three provisos in the item in the Act relating to the Boise project, which read as follows: "Provided further, That no part of the money appropriated under this paragraph shall be expended for the development of electric power until the Secretary of the Interior shall have secured subject, to the needs of the Boise project, a contract with the Gem Irrigation District, providing for the purchase by that district, for a period to be determined by the Secretary of the Interior, of the electric power necessary for the irrigation of the lands of said district: And provided further, That the rates in such contract shall be sufficient to include interest at five per centum per annum on the

cost of such power development plus a reasonable depreciation on the power plant, as found by the Secretary of the Interior, and that the contract shall provide that before delivery of power in any season the district shall furnish security satisfactory to the Secretary of the Interior to insure payment to the Government of the power charges for such season, and that such contract shall be entered into only in the event that the holders of not less than ninety per centum of the face value of the bonded and warrant indebtedness of the district shall subordinate their claims to the obligations of the district to the Government under such contract: And provided further, That in the event power is furnished from the said power plant to more than one contractor,

[Expenditures for American Falls Reservoir restricted-Title for Indian lands-Expenses shared.]—Minidoka project, Idaho: For operation and maintenance, continuation of construction, and incidental operations, $1,045,000: Provided, That no part of this appropriation (and no part of any unencumbered balance of the 1924 appropriation for the Minidoka project) shall be expended on the American Falls Reservoir until (1) all acts have been performed that are necessarily precedent to the confirmation of title in fee in the United States for said reservoir of such Indian lands as are essential to the construction of the same; (2) companies and districts which have contracted to cooperate with the United States in the construction of said reservoir and have contracted to participate in said reservoir to an aggregate amount of at least three hundred and sixty-five thousand acre-feet shall have paid to the United States their due proportionate share of all moneys expended by the United States on said reservoir prior to the date of said payments, including interest at the rate of 6 per centum per annum from the time such moneys were advanced by the United States; (3) The American Falls Reservoir district and the Empire Irrigation district shall each have filed with the Secretary of the Interior an agreement binding each of said districts to the elimination of the second paragraph of article 46 of their respective contracts of June 15, 1923, with the United States; and (4) the said companies and districts shall have paid to or deposited with the United States cash or United States Government securities amounting to a total of at least $1,500,000: Provided further, That no contractor shall secure a right to the use of water from said reservoir except under a contract containing the provision that the contractor shall, as a part of the construction cost, pay interest at the rate of 6 per centum per annum upon the contractor's proper proportionate share, as found by the Secretary of the Interior, of the moneys advanced by the United States on account of the construction of said reservoir prior to the date of the contract. (43 Stat. 417; 43 U.S.C. § 600)

EXPLANATORY NOTE

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[Yuma project-Restrictions on development of electric power-Repaying cost of plant.]—Yuma project, Arizona-California: *** not to exceed $250,000 may be expended for the construction of a hydroelectric power plant at the syphon drop on the main canal: Provided, That no part of said sum of $250,000 shall be expended until contracts have been entered into by a majority of the water-right applicants and entrymen, for the lands to be charged with the cost of said hydroelectric power plant in the manner provided by section 4 of the reclamation extension act approved August 13, 1914 (Thirty-eighth Statutes at Large, page 686), wherein said water-right applicants and entrymen shall agree to repay the cost of said power plant chargeable against their lands, in 12 equal annual installments, commencing December 1, 1925. (43 Stat. 416)

EXPLANATORY NOTE

Reference in the Text. The Reclamation 686), referred to in the text, appears herein Extension Act approved August 13, 1914 in chronological order. (Thirty-eighth Statutes at Large, page

[Boise project-Drainage expenditures limited-Restrictions on development of electric power-Contract requirements-Rates for power.]—Boise project, Idaho: * * * Provided, That the expenditure for drainage shall not exceed the amount paid by the water users pursuant to the provisions of the Boise public notice dated February 15, 1921, except for drainage in irrigation districts formed under State laws and upon the execution of agreements for the repayment to the United States of the costs thereof * * * Provided further, Repealed.

EXPLANATORY NOTE

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