RECLAMATION OF INDIAN LANDS IN YUMA, COLORADO RIVER, AND PYRAMID LAKE INDIAN RESERVATIONS

[Extracts from] An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1905, and for other purposes. (Act April 21, 1904, ch. 1402, 33 Stat. 189)

Sec. 25. [Reclamation and disposal of irrigable lands in Yuma and Colorado River reservations-Diversion of Colorado River-AllotmentPrice per acre-Installment payments-Proceeds.]-That in carrying out any irrigation enterprise which may be undertaken under the provisions of the reclamation act of June seventeenth, nineteen hundred and two, and which may make possible and provide for, in connection with the reclamation of other lands, the reclamation of all or any portion of the irrigable lands on the Yuma and Colorado River Indian reservations in California and Arizona, the Secretary of the Interior is hereby authorized to divert the waters of the Colorado River and to reclaim, utilize, and dispose of any lands in said reservations which may be irrigable by such works in like manner as though the same were a part of the public domain: Provided, That there shall be reserved for and allotted to each of the Indians belonging on the said reservations five acres of the irrigable lands. The remainder of the lands irrigable in said reservations shall be disposed of to settlers under the provisions of the reclamation act: Provided further, That there shall be added to the charges required to be paid under said act by settlers upon the allotted Indian lands such sum per acre as, in the opinion of the Secretary of the Interior, shall fairly represent the value of the unallotted lands in said reservations before reclamation; said sum to be paid in annual installments in the same manner as the charges under the reclamation act. Such additional sum per acre when paid shall be used to pay into the reclamation fund the charges for the reclamation of the said allotted lands, and the remainder thereof shall be placed to the credit of said Indians and shall be expended from time to time under the direction of the Secretary of the Interior for their benefit. (33 Stat. 224.)

NOTES

Amendment.-Irrigable area to be allotted each Indian increased from 5 acres to 10 acres by act of March 3, 1911. (36 Stat. 1063.)

Sec. 26. [Reclamation and disposal of irrigable lands in Pyramid Lake Indian Reservation-Allotment-Price per acre-Installment paymentsProceeds.]-That in carrying out any irrigation enterprise which may be undertaken under the provisions of the reclamation act of June seventeenth, nineteen hundred and two, and which may make possible and provide for, in connection with the reclamation of other

VER

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lands, the reclamation of all or any portion of the irrigable lands on the Pyramid Lake Indian Reservation, Nevada, the Secretary of the Interior is hereby authorized to reclaim, utilize, and dispose of any lands in said reservation which may be irrigable by such works in like manner as though the same were a part of the public domain: Provided, That there shall be reserved for and allotted to each of the Indians belonging on the said reservation five acres of the irrigable lands. The remainder of the lands irrigable in said reservation shall be disposed of to settlers under the provisions of the reclamation act: Provided further, That there shall be added to the charges required to be paid under said act by settlers upon the unallotted Indian lands such sum per acre as in the opinion of the Secretary of the Interior shall fairly represent the value of the unallotted lands in said reservation before reclamation, said sum to be paid in annual installments in the same manner as the charges under the reclamation act. Such additional sum per acre, when paid, shall be used to pay into the reclamation fund the charges for the reclamation of the said allotted lands, and the remainder thereof shall be placed to the credit of said Indians and shall be expended from time to time under the direction of the Secretary of the Interior for their benefit. (33 Stat. 225.)

CROW INDIAN IRRIGABLE LANDS SUBJECTED TO RECLAMATION

LAW

[Extracts from] An act to ratify and amend an agreement with the Indians of the Crow Reservation in Montana, and making appropriations to carry the same into effect. (Act April 27, 1904, ch. 1624, 33 Stat. 352)

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Art. II. [Ceded lands to be disposed of under reclamation law.]—That in consideration of the land ceded, granted, relinquished, and conveyed by article one of this agreement the United States stipulates and agrees to dispose of the same as hereinafter provided under the provisions of the reclamation act approved June seventeenth, nineteen hundred and two, the homestead, town site, and mineral land laws, except sections sixteen and thirty-six, or an equivalent of two sections in each township, at not less than four dollars per acre, subject to the provisions in section five. (33 Stat. 356.)

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Sec. 5. [Filing schedule of allotments-Residue to be disposed of under reclamation act-Indian employees-Undisposed of lands to be open to settlement-Nonirrigable lands.]-That before any of the lands by this agreement ceded are opened to settlement or entry the Commissioner of Indian Affairs shall cause the allotments to be made and the schedule to be prepared, as provided for in section four of this act, and a duplicate of said schedule shall be filed with the Commissioner of the General Land Office. Upon the completion of such allotments and the filing of such schedule, and after the sale or removal of such improvements, the residue of such ceded lands, except sections sixteen and thirty-six, or lands in lieu thereof, which shall be reserved for common-school purposes and are hereby granted to the State of Montana for such purpose, shall be subject to withdrawal and disposition under the reclamation act of June seventeenth, nineteen hundred and two, so far as feasible irrigation projects may be found therein. The charges provided for by said reclamation act shall be in addition to the charge of four dollars per acre for the land, and shall be paid in annual installments as required under the reclamation act; and the amounts to be paid for the land shall be credited to the funds herein established for the benefit of the Crow Indians. If any lands in sections sixteen and thirty-six are included in an irrigation project under the reclamation act, the State of Montana may select in lieu thereof, as herein provided, other lands not included in any such project, in accordance with the provisions of existing law concerning school-land selections. In any construction work upon the ceded lands performed directly by the United States under the reclamation act preference shall be given to the employment of Crow Indians, or whites inter

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married with them, so far as may be practicable: Provided, however, That if the lands withdrawn under the reclamation act are not disposed of within five years after the passage of this act, then all of said lands so withdrawn shall be disposed of as other lands provided for in this act. That the lands not withdrawn for irrigation under said reclamation act, which lands shall be determined under the direction of the Secretary of the Interior at the earliest practical date, shall be disposed of under the homestead, town site, and mineral land laws of the United States. * * (33 Stat. 360.)

NOTES

Amendment. The Indian appropriation act of March 3, 1909 (35 Stat. 797), provides that any lands withdrawn under the reclamation act, pursuant to the provisions of the above section, which are not disposed of within five years, shall remain subject to disposal under the provisions of the reclamation act until otherwise directed by the Secretary of the Interior.

INVESTIGATION OF WATERS OF LOWER COLORADO RIVER

Joint Resolution directing the Secretary of the Interior to institute an investigation relative to the use of the waters of the Colorado River for irrigation, and to report to Congress thereon. (Res. April 28, 1904, 33 Stat. 591)

[Sec. 1. Irrigation investigation authorized.]-That the Secretary of the Interior is hereby directed to institute an investigation of and report to the Congress on the various questions involved in connection. with the use of the waters of the lower Colorado River for the irrigation of arid lands in the State of California and the Territory of Arizona with the view of determining the extent to which the waters of the said stream may be made available for the said purpose through works under the national irrigation act and by private enterprise, and as to what legislation, if any, is necessary to grant or confirm to present and future appropriators and users thereof perpetual rights to the use of said waters for irrigation. (33 Stat. 591.)

Cross reference.-See also act of May 18, 1920 (41 Stat. 600), and Public Resolution No. 62, of March 3, 1927 (44 Stat. 1403).

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