Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.

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Chapter 692
June 22, 1936. | [S. 1318. ]49 Stat., 1803.

An Act To authorize the Secretary of the Interior to investigate and adjust irrigation charges on irrigation lands within projects on Indian reservations, and for other purposes
Section 2 | 3 | 4 | 5 | 6

Margin Notes
Chap. 692 Indian irrigation projects. Investigation and adjustment of irrigation charges on non-Indian lands under, authorized.
Chap. 692 Contracts for payment of past due charges; limitation.
Sec. 2 Lands found temporarily nonirrigable; suspension of assessments.
Sec. 3 Action if found permanently nonirrigable.
Sec. 4 Cancelation of unpaid charges at time Indian title extinguished.
Sec. 5 Rules and regulations.
Sec. 6 Reports to Congress.
Sec. 6 Approval of proceedings.

Page 496

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to cause an investigation to be made to determine whether the owners of non-Indian lands under Indian irrigation projects and under projects where the United States has purchased water rights for Indians are unable to pay irrigation charges, including construction, maintenance, and operating charges, because of inability to operate such lands profitably by reason of lack of fertility of the soil, inadequacy of water supply, defects of irrigation works, or for any other causes. Where the Secretary finds that said landowners are unable to make payment due to the existence of such causes, he may adjust, defer, or cancel such charges, in whole or in part, as the facts and conditions warrant. In adjusting or deferring any such charges the Secretary may enter into contracts with said landowners for the payment of past due charges, but such contracts shall not extend the payment of such charges over a period in excess of ten years.

SEC. 2.

Where the Secretary finds that any such lands cannot be cultivated profitably due to a present lack of water supply, proper drainage facilities, or need of additional construction work, he shall declare such lands temporarily nonirrigable for periods not to exceed five years and no charges shall be assessed against such lands during such periods.

SEC. 3.

Where the Secretary finds that any such lands are permanently nonirrigable he may, with the consent of the landowner, eliminate such lands from the project.

SEC. 4.

Where irrigation assessments against any such lands remained unpaid at the time the Indian title to such lands became extinguished and no lien existed and attached to such lands for the payment of charges so assessed and no contract for the payment of such charges was entered into, the Secretary shall cancel all such charges.

SEC. 5.

The Secretary shall have power to make such rules and regulations as may be necessary to carry out the provisions of this Act.

SEC. 6.

The Secretary shall make reports to the Congress on the first Monday of each regular session, and from time to time thereafter, showing the action taken under the provisions of this Act during the preceding year. No proceedings under this Act shall become effective until approved by the Congress.

Approved, June 22, 1936.

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