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

ProvidedProvided furtherProvided furtherProvided furthersection 5123 of this titleProvided furtherThe 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on reservoir sites, reserves for canals or flowage areas, and other lands under his jurisdiction which have been withdrawn or otherwise acquired in connection with the San Carlos, Fort Hall, Flathead, and Duck Valley or Western Shoshone irrigation projects for the benefit in whole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: , That no lands so leased shall be eligible for benefit payments under the crop control program, or the soil conservation act: , 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years: , That the funds derived from such concessions or leases, except funds so derived from Indian tribal property withdrawn for irrigation purposes and for which the tribe has not been compensated, shall be available for expenditure in accordance with the existing laws in the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deposited to the credit of the proper tribe: , That where tribal lands of any Indian tribe organized under , have been withdrawn or reserved for the purposes hereinbefore mentioned, such lands may be leased or concessions may be granted thereon only by the proper tribal authorities, upon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: , 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.

Apr. 4, 1938, ch. 63 52 Stat. 193 Pub. L. 102–575, title XXXVII, § 3710(e)Oct. 30, 1992106 Stat. 4750(, ; , , .)

Editorial Notes

Amendments

Pub. L. 102–575Provided further1992— inserted before period at end “: , 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”.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 1992 Amendment

Pub. L. 102–575, title XXXVII, § 3711Oct. 30, 1992106 Stat. 4751 Pub. L. 103–435, § 13Nov. 2, 1994108 Stat. 4572 Pub. L. 104–91, title II, § 202(a)Jan. 6, 1996110 Stat. 14 Pub. L. 104–261, § 3Oct. 9, 1996110 Stat. 3176 Pub. L. 105–18, title II, § 5003(a)June 12, 1997111 Stat. 181

“(a)

Effective Date of Authorization .—

section 3708(b) of this title 106 Stat. 4748Dec. 28, 1999The authorization contained in [] shall become effective as of the date the Secretary causes to be published in the Federal Register a statement of findings [The statement was published in the Federal Register on , 64 F.R. 72674.] that—

“(1)

106 Stat. 4742 the Secretary has fulfilled the requirements of sections 3704 and 3706 [, 4745];

“(2)

106 Stat. 4744 the Roosevelt Water Conservation District subcontract for agricultural water service from CAP has been revised and executed as provided in section 3705(b) [];

“(3)

106 Stat. 4748 the funds authorized by section 3707(c) [] have been appropriated and deposited into the Fund;

“(4)

106 Stat. 4747 the contract referred to in section 3707(a)(2) [] has been amended;

“(5)

the State of Arizona has appropriated and deposited into the Fund $3,000,000 as required by the Agreement;

“(6)

the stipulations attached to the Agreement as Exhibits ‘D’ and ‘E’ have been approved; and

“(7)

section 1524 of Title 43 section 1524 of Title 43 the Agreement has been modified, to the extent it is in conflict with this title [amending this section and , Public Lands, and enacting provisions set out as a note under ], and has been executed by the Secretary.

“(b)

Conditions .—

(1)

March 31, 1999106 Stat. 4743 106 Stat. 4744 106 Stat. 4745 106 Stat. 4747 106 Stat. 4748lsection 3710 of this title 106 Stat. 4750Oct. 30, 1992106 Stat. 4748 If the actions described in paragraphs (1), (2), (3), (4), (5), (6), and (7) of subsection (a) of this section have not occurred by , subsections (c) and (d) of section 3704 [], subsections (a) and (b) of section 3705 [], section 3706 [], subsections (a)(2), (c), (d), and (f) of section 3707 [], subsections (b) and (c) of section 3708 [], and subsections (a), (b), (c), (d), (e), (g), (h), (j), and () of [, subsec. (e) amends this section], together with any contracts entered into pursuant to any such section or subsection, shall not be effective on and after the date of enactment of this title [], and any funds appropriated pursuant to section 3707(c) [], and remaining unobligated and unexpended on the date of the enactment of this title, shall immediately revert to the Treasury, as general revenues, and any funds appropriated by the State of Arizona pursuant to the Agreement, and remaining unobligated and unexpended on the date of the enactment of this title, shall immediately revert to the State of Arizona.

“(2)

section 3705 of this titleOctober 20, 1988Pub. L. 100–512 102 Stat. 2549 Notwithstanding the provisions of paragraph (1) of this subsection, if the provisions of subsections (a) and (b) of have been otherwise accomplished pursuant to provisions of the Act of [, ], the provisions of paragraph (1) of this subsection shall not be construed as affecting such subsections.

“(c)

Extension for River System General Adjudication .—

March 31, 1999March 31, 1999December 31, 1999Mar. 30, 1999If, at any time prior to , the Secretary notifies the Committee on Indian Affairs of the United States Senate or the Committee on Resources in the United States House of Representatives that the Settlement Agreement, as executed by the Secretary, has been submitted to the Superior Court of the State of Arizona in and for Maricopa County for consideration and approval as part of the General Adjudication of the Gila River System and Source, the [sic] , referred to in subsection (b)(1) shall be deemed to be changed to . [The Secretary notified the Committees on .]”

, , , as amended by , , ; , , ; , , ; , (b), , , provided that:

section 3711 of Pub. L. 102–575 section 3703 of Pub. L. 102–575Oct. 30, 1992106 Stat. 4741[For definitions of terms used in , set out above, see , title XXXVII, , , as amended.]

Pub. L. 104–91, title II, § 202(b)Jan. 6, 1996110 Stat. 14[, , , provided that:

In generalsection 3711 of Pub. L. 102–575December 31, 1995[“(1) .—The amendment made by subsection (a) [amending , set out above] shall take effect as of .

Lapsed provisions of law and contracts106 Stat. 4743 106 Stat. 4744 106 Stat. 4745 106 Stat. 4747 106 Stat. 4748l106 Stat. 4750Jan. 6, 1996December 31, 1996section 3711(b)(1) of Pub. L. 102–575[“(2) .—The provisions of subsections (c) and (d) of section 3704 [], subsections (a) and (b) of section 3705 [], section 3706 [], subsections (a)(2), (c), (d), and (f) of section 3707 [], subsections (b) and (c) of section 3708 [], and subsections (a), (b), (c), (d), (e), (g), (h), (j), and () of section 3710 of such Act [, subsec. (e) amends this section], together with each contract entered into pursuant to any such section or subsection (with the consent of the non-Federal parties thereto), shall be effective on and after the date of enactment of this Act [], subject to the , deadline specified in such section 3711(b)(1), as amended by subsection (a) of this section [, set out above].”]