Vol. IV, Laws     (Compiled to March 4, 1927)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.

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Chapter 151
May 9, 1924. | [S. 2902.] 43 Stat., 117.

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.
Section 2 | 3 | 4 | 5

Margin Notes
Chap. 151 Fort Hall Indian Reservation, Idaho. Lands on, to be acquired for American Fallss Reservoir in Minidoka irrigation project.
43 Stat., 417; post, 435
Chap. 151 Description.
Chap. 151 Rights of Indians for grazing, hunting, etc., reserved.
Sec. 2 Agreement or condemnation authorized.
Sec. 2 Appraisal of value.
Sec. 2 Payment from sum credited to Indians.
Sec. 3 Amount to be taken from reservoir construction money and deposited to credit of Indians.
Sec. 3 Proviso. Interest allowed.
Sec. 4 Appraisal of damages to adjoining lands.
Sec. 4 Payment for, from construction fund, to credit of Indians.
Sec. 5 Fort Hall irrigation project. Amount for relocating, etc., canal on, to irrigate Indian lands in southern part of Reservation.
Sec. 5 Reimbursement by Indians benefited.
Sec. 5 Proviso. Parts acquiring Indian title to pay charges before allowed water.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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 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.

SEC. 2.

That the Secretary of the Interior be, and he 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.

SEC. 3.

That 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.

SEC. 4.

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 appropriated for the construction of said reservoir and deposited in the Treasury of the United States to the credit of the Fort Hall Indians.

SEC. 5.

That 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

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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.

Approved, May 9, 1924.

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