INDIAN AFFAIRS: LAWS AND TREATIES

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

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


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PUBLIC ACTS OF THE SEVENTIETH CONGRESS, FIRST SESSION, 1927-1928
Chap. 5 | Chap. 57 | Chap. 116 | Chap. 120 | Chap. 121 | Chap. 122 | Chap. 123 | Chap. 124 | Chap. 137 | Chap. 196 | Chap. 219 | Chap. 222 | Chap. 246 | Chap. 247 | Chap. 253 | Chap. 255 | Chap. 267 | Chap. 268 | Chap. 271 | Chap. 272 | Chap. 278 | Chap. 279 | Chap. 305 | Chap. 307 | Chap. 308 | Chap. 310 | Chap. 335 | Chap. 357 | Chap. 374 | Chap. 400 | Chap. 410 | Chap. 452 | Chap. 481 | Chap. 487 | Chap. 506 | Chap. 510 | Chap. 517 | Chap. 519 | Chap. 528 | Chap. 531 | Chap. 580 | Chap. 582 | Chap. 614 | Chap. 623 | Chap. 624 | Chap. 644 | Chap. 645 | Chap. 646 | Chap. 652 | Chap. 660 | Chap. 662 | Chap. 663 | Chap. 686 | Chap. 707 | Chap. 733 | Chap. 741 | Chap. 753 | Chap. 756 | Chap. 811 | Chap. 853 | Chap. 854 | Chap. 855 | Chap. 857 | Chap. 873 | Chap. 880 | Chap. 901 | Chap. 912

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Chapter 854
May 29, 1928. | [H. R. 11468.] 45 Stat., 938.

An Act Authorizing the Secretary of the Interior to execute an agreement or agreements with drainage district or districts providing for drainage, and reclamation of Kootenai Indian allotments in Idaho within the exterior boundaries of such district or districts that may be benefited by the drainage and reclamation work, and for other purposes

Margin Notes
Chap. 854 Kootenai Indian allotments, Idaho.
Agreement authorized with drainage districts for drainage of, within boundaries thereof.
Chap. 854 Maximum share of cost to be apportioned.
Chap. 854 Payments by installments.
Chap. 854 Provisos.
Chap. 854 Payments withheld, if work not in accordance with determined plans.
Chap. 854 Proportionate share of cost to be borne by Indian lands.
Chap. 854 Reimbursement of amount authorized front, proceeds of leases of benefited lands not cultivated by the Indians.
Chap. 854 Deposit of proceeds.
Chap. 854 Lien created, but not enforceable while title remains in the Indians.
Chap. 854 Representative of Secretary to be recognized in matters pertaining to operation of contracts.
Chap. 854 Indian lands not subject to district laws until Indian title becomes extinct, etc.

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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 hereby authorized to enter into an agreement with drainage districts now formed or to be formed in pursuance to the drainage laws of the State of Idaho providing for the drainage and reclamation of Kootenai Indian allotments situated within the exterior boundaries of any of such districts after he shall have first determined the plans submitted by such district or districts of the work to be accomplished that shall benefit the Indian allotments. The share of the cost that may be apportioned shall not exceed $114,000 for the

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total acreage of Indian lands approximating two thousand four hundred and thirty-six acres, and said sum, or so much thereof as may be required to pay the Indians’ share of the cost of the work, shall be payable in not less than twenty annual installments, payments to begin on the same date that payments are to begin for lands other than Indian that are within the respective irrigation districts, and such payments shall be made without interest: Provided, That should at any time it appear to the said Secretary that construction work is not being carried out in accordance with the plans submitted to him by any of the districts with which contract may have been executed as herein provided for, he shall notify the district of its delinquency and advise that payments will not be made under the contract until such work shall have been done in accordance with the said plans: Provided further, That in determining the share of the cost of such work to be paid on behalf of the Indian lands to the district within which such lands are situated, there shall be, taken into consideration any deductions that may not properly be apportioned against the Indian lands, said in no event shall the Indian lands bear a share of the cost in excess of the ratio their acreage benefited bears to the total lands benefited within any such district, the total Indian acreage to be benefited to be definitely determined by the said Secretary of the Interior: Provided further, That the amount herein authorized to be appropriated to cover the share of the cost of the work an behalf of the Indian lands shall be reimbursed to the United States from the proceeds of leases covering the Indian lands benefited by the drainage work, and said Secretary is hereby authorized to lease such lands not actually being cultivated by the Indians themselves for agricultural purposes for periods not in excess of ten years, and the proceeds derived therefrom shall be used for payment of the cost of said work and the balance placed in the Treasury to the credit of the Indians to bear interest at the rate of 4 per centum per annum: Provided further, That there is hereby created against such lands a first lien, which lien shall not be enforced during the period that the title to such lands remains in the Indians but that in case of sale of any such lands said lands shall be sold subject to the first lien herein created: Provided further, That said Secretary of the Interior, through the Commissioner of Indian Affairs, or his duly authorized agent, shall be recognized by any district with which contract shall be entered into in accordance with the provisions of this Act in all matters pertaining to its operation in the same ratio that the Indian lands bear to the total area of lands within the district, and that the district books and records shall be available at all times for inspection of by said representative: Provided, however, that said Indian lands shall not be subject to the provisions of any district laws until such time as the Indian title in and to any such lands shall become extinct, nor shall they be subject to operation and maintenance charges during the period that such lands remain in Indian ownership.

Approved, May 29, 1928.


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