INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

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PUBLIC LAWS OF THE EIGHTIETH CONGRESS, SECOND SESSION, 1948
Chap. 3 | Chap. 44 | Chap. 45 | Chap. 46 | Chap. 68 | Chap. 72 | Chap. 73 | Chap. 74 | Chap. 75 | Chap. 82 | Chap. 108 | Chap. 120 | Chap. 142 | Chap. 160 | Chap. 167 | Chap. 185 | Chap. 219 | Chap. 237 | Chap. 238 | Chap. 244 | Chap. 258 | Chap. 266 | Chap. 270 | Chap. 293 | Chap. 325 | Chap. 326 | Chap. 340 | Chap. 400 | Chap. 516 | Chap. 591 | Chap. 618 | Chap. 645 | Chap. 646 | Chap. 658 | Chap. 732 | Chap. 754 | Chap. 759 | Chap. 765 | Chap. 767 | Chap. 771 | Chap. 790 | Chap. 793 | Chap. 809 | Chap. 812 | Chap. 822

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Chapter 767
June 30, 1948 [H.R. 5416] |  [Public Law 854] 62 Stat. 1167

AN ACT
To promote the interests of the Fort Hall Indian Irrigation project, Idaho, and for other purposes.
Section 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12

Margin Notes
Chap. 767 Fort Hall Indian Irrigation project, Idaho.
Chap. 767 25 U.S.C. §§ 389-389e; Supp. I, § 389 note.
Sec. 2 Delivery of excess water.
Sec. 3 Little Indian Unit.
Sec. 3 Indian-owned irrigable land.
Sec. 3 Non-Indian-owned irrigable land.
Sec. 3 25 U. S. C. § 387 note.
Sec. 4 Net irrigable area.
Sec. 4 1168
Sec. 4 Contracts.
Sec. 4 Fort Hall town site.
Sec. 5 Exclusion of certain lands from project.
Sec. 5 Cancellation of construction costs.
Sec. 5 Water rights.
Sec. 5 1169
Sec. 5 Exchange of land by allottees.
Sec. 5 Appropriation authorized.
Sec. 5 Ante, p. 1167.
Sec. 6 Appropriation authorized.
Sec. 7 Conveyance of pumping equipment.
Sec. 8 Revision of existing contracts.
Sec. 9 Appropriation authorized.
Sec. 9 1170
Sec. 10 Appropriation authorized.
Sec. 11 Liquidation of delinquent assessments.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That those provisions of the order of the Secretary of the Interior, dated February 6, 1948, which are based on certain recommendations contained in the Report on Conditions Found to Exist on the Fort Hall Irrigation Project and the Fort Hall Indian Reservation, Idaho, dated February 26, 1941, and which are described in the said order as made pursuant to the authority contained in the Act of June 22, 1936 (49 Stat. 1803), are hereby approved pursuant to the provisions of such Act.

SEC. 2.

During such periods as water for the Fort Hall Indian irrigation project may be available in excess of the present duty of three acre-feet per acre per annum, the Secretary of the Interior is authorized, in his discretion and under regulations to be prescribed by him, to permit the delivery of such excess water equally to the project lands in an amount not to exceed five-tenths acre-feet per acre per annum, in addition to the present duty of three acre-feet per acre per annum: Provided, however, That any surplus water temporarily available in addition to the three and five-tenths acre-feet per acre per annum may be furnished for use on project lands on terms, conditions, and rates to be prescribed by the Secretary of the Interior.

SEC. 3.

The Little Indian Unit containing one thousand one hundred eighty-six and thirty-three one-hundredths acres of irrigable land in townships 2 and 3 south, ranges 36 and 37 east, Boise meridian, within the boundaries of the Fort Hall Indian Reservation, is hereby made a part of the Fort Hall Indian Irrigation project and the lands therein shall have the benefit of, and be subject to, all existing legislation applicable to said project to the same extent as other lands of like ownership and character within the project. The Indian-owned irrigable land in the unit shall be charged with its proper proportionate share of the project rehabilitation and improvement costs of $15.10 and not to exceed $7.50 per acre, respectively, as these costs are defined in the report referred to in section 1 of this Act. The non-Indian-owned irrigable land of the unit shall be entitled to receive only natural-flow water until a full project water right is acquired for said land through the execution by the owner of a contract, or contracts, providing for the repayment to the United States of like per-acre costs as are charged against the Indian-owned land in the unit. Said charges, as to Indian and non-Indian lands, shall be a first lien against the lands, under the Act of March 7, 1928 (45 Stat. 200, 210).

SEC. 4.

The net irrigable area of the Fort Hall Indian irrigation project is hereby established as forty-seven thousand and forty-four and sixty-three one-hundredths acres of land, more or less. This area includes the forty-six thousand eight hundred and three and seventy-two one-hundredths acres of land, more or less, shown as the irrigable area of the project by the maps and plats in the report referred to in section 1 of this Act, and the two hundred and forty and ninety-one one-hundredths acres, more or less, included in eight additional tracts of land described as follows: (a) An irregular shaped area in the northeast corner of the east half southwest quarter southeast quarter of section 36, township 5 south, range 33 east, Boise meridian, containing one and seventy one-hundredths acres; (b) an irregular shaped area lying along the east side of the Fort Hall Main Canal in the west half of section 35, township 5 south, range 34 east, Boise meridian, containing twenty-eight and seventeen one-hundredths acres; (c) an irregular shaped area lying along the east side of the Fort Hall Main Canal in the south half of section 14, township 6 south, range 34 east, Boise meridian, containing forty acres; (d) a portion of the northwest quarter northeast quarter of section 23, township 6 south, range 34 east, Boise meridian, containing thirty-three and forty-two one-hundredths acres; (e) Fairview Park in the east half southwest quarter southwest quarter northeast quarter and west half

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southeast quarter southwest quarter northeast quarter of section 23, township 6 south, range 34 east, Boise meridian, containing ten acres; (f) the east half northeast quarter northwest quarter of section 23, township 6 south, range 34 east, Boise meridian, containing twenty acres; (g) an irregular shaped area lying along the east side of the Pocatello lateral in section 23, township 6 south, range 34 east, Boise meridian, containing ninety-seven and sixty-two one-hundredths acres; and (h) the southwest quarter southwest quarter southwest quarter of section 24, township 6 south, range 34 east, Boise meridian, containing ten acres. The above-described tracts of land, together with such lands in the portion of the village of Alameda lying between the Pocatello lateral and the Oregon Short Line Railroad right-of-way in section 23, township 6 south, range 34 east, Boise meridian, as (notwithstanding their inclusion in the irrigable acreage shown by the maps and plats hereinabove mentioned) have no water right at present, shall be entitled to receive, or to continue to receive, water through pumping operations or by gravity flow, provided the respective owners thereof, within five years from the date of the enactment of this Act, enter into contracts whereby they agree (1) to pay their proper proportionate share of the project construction costs of $18.12 per acre, as these costs are defined in the report referred to in section 1 of this Act, for such of their lands as do not now have a project water right, (2) to pay their proper proportionate share of the project rehabilitation and improvement costs of $15.10 and not to exceed $7.50 per acre, respectively, for such of their lands as are not now covered by contracts for the repayment of such costs, and (3) to install, maintain, and operate, at their own expense, pumping machinery to lift the water from the project canals or laterals for the irrigation of such of their lands as cannot be supplied by gravity flow. The noninclusion of the Fort Hall town site within the net irrigable area of the project as hereby established shall not prevent the obtaining of water rights therefor in accordance with the Act of March 1, 1907 (34 Stat. 1015, 1025).

SEC. 5.

There is excluded from the Fort Hall Indian Irrigation project by the designation of the project area in section 4 of this Act the nine thousand six hundred and seventy acres of tribal, allotted, and non-Indian-owned lands located between Fort Hall and Gibson, Idaho, heretofore authorized to be included in the project by the Act of March 3, 1927 (Ch. 371, 44 Stat. 1398). The construction costs apportioned to the tribal lands so excluded are hereby canceled and the water rights are made available for project use. The water rights for the lands of the several allottees and non-Indian owners within the area so excluded shall not be impaired or affected by reason of such exclusion, but water shall be delivered only at the head of the laterals serving these lands. The respective owners of such lands may make their water rights available for project use, whereupon the construction costs assessed or assessable against their lands with respect to the water rights thus made available shall be canceled by the Secretary of the Interior. Allottees of lands within the excluded area, or their heirs or devisees, may donate or sell their lands to the tribe or may exchange their lands for assignments of tribal lands within the 6 project area. There is authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, $8,000, or so much thereof as may be necessary, for the purchase by the Secretary of the Interior, in the name of the United States of America in trust for the Shoshone-Bannock Tribes of the Fort Hall Reservation, of one hundred and eighty acres of non-Indian-owned land, with water rights and improvements appurtenant thereto, described as the north half southeast quarter southwest quarter section 13, township 4 south, range 34 east, Boise meridian, and south half northeast quarter and north half southeast quarter section 7, township

Page 424

4 south, range 35 east, Boise meridian, located within the area excluded from the Fort Hall Indian Irrigation project by section 4 of this Act.

SEC. 6.

There is authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, the sum of $3,995 to compensate the following-named landowners, or their heirs, for work accomplished or for future work necessary in filling, leveling, and otherwise preparing for irrigation the abandoned portion of the old Fort Hall Main Canal within their holdings, in not to exceed the following amounts: Frank E. DeKay, $401; Henry Jensen, $633; Theodore H. Gathe, $654; A. E. Albert, $106; Ezra D. Wilson, $127; J. M. Bistline, $378; Ambrose H. McGuire, $424; Ellen Griffith, $412; C. M. Allen, $116; Olive A. Granden, $184; William Webster, $28; Hiram Faulkner, $114; Williamette Blakeslee, $298; Frank Parker, $99; and Henrietta C. Blakeslee, $21.

SEC. 7.

Pending the construction of a siphon to provide gravity flow water to ninety-six and six-tenths acres of irrigable lands in the southwest quarter section 27, and east half section 28, township 5 south, range 34 east, Boise meridian, Idaho, which lands have been irrigated by pumping operations over a period of years, the Secretary of the Interior may accept the conveyance by the landowners of the pumping equipment for use of the Fort Hall Indian Irrigation project and may operate such equipment as a part of said project in order to provide water for the irrigation of such lands; the acceptance of such conveyance being subject to the owners of the lands executing releases to the United States of any and all claims whatsoever due to the pumping operations carried on by such landowners.

SEC. 8.

The Secretary of the Interior is authorized, in his discretion, to revise and reform, upon such terms and conditions as he may determine to be fair and equitable in all the circumstances affecting the interests of the United States and the contractors, existing contracts between the United States and the Idaho Irrigation District, the Progressive Irrigation District, and the Snake River Valley Irrigation District in Idaho, which contracts provide for certain payments by the districts to the United States for the benefit of works of the Fort Hall Indian Irrigation project

SEC. 9.

There is authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, for refunds to Indians, or their heirs, the sum of $1,419.55, representing irrigation assessments of the Fort Hall Indian irrigation project erroneously made and collected, as follows: Andrew F. Cutler, $153.80; Alice Sorrell Johns, $168.95; Nettie Stinson LaVatta, $146,62; Earl Edmund Cutler, $159.20; Charles Faulkner, $145.25; Josephine LaVatta Rumas, $155.20; May Phyllis LaVatta Brower, $29.90; Leonard I. Cutler, $135.85; Effie Diggie Houtz, $122.75; Lucy Yandell Spencer, $25; Charles Gerard Cutler, $121.53; and Hattie Sorrell Siler Tillotson, $55.50.

SEC. 10.

There is authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, such sums as may be necessary for the relocating, rehabilitating, cleaning, and extending of irrigation systems serving the lands irrigated from Ross Fork, Bannock, and Lincoln Creeks, which lands are outside of the Fort Hall Indian irrigation project, including the construction of a storage reservoir on Bannock Creek. The costs of any work benefiting Indian lands performed pursuant to this authorization shall be apportioned on a per acre basis and collected under laws applicable to Indian irrigable lands on the Fort Hall Indian irrigation project. Operation and maintenance charges against such lands shall likewise be subject to the same laws, rules, and regulations as apply to Indian lands on the Fort Hall project. Any unpaid charges against such lands shall be subject to a first lien as provided in the Act of March 7, 1928

Page 425

(45 Stat. 200, 210). No expenditure shall be made under this authorization which will benefit lands in non-Indian ownership unless the owners thereof execute contracts providing for the repayment of their proportionate per acre share of the costs of the work assessable against their lands.

SEC. 11.

In order to prevent the accumulation of delinquent project assessments or other charges against the non-Indian-owned lands of the Fort Hall Indian irrigation project, the Secretary of the Interior is hereby authorized and directed to cause liquidation of all delinquent assessments or charges by taking such action as may be necessary, including the foreclosure of the Government's lien covering any such delinquent charges or by initiating such other procedure as may be legally available, which action may be taken by him at any time when in his judgment the best interests of the project would be served thereby.

SEC. 12.

All Acts or parts of Acts inconsistent herewith are hereby repealed.

Approved, June 30, 1948.


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