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YAKIMA INDIAN IRRIGABLE LANDS SUBJECTED TO RECLA

MATION LAW

An act authorizing the disposition of surplus and allotted lands on the Yakima Indian Reservation, in the State of Washington, which can be irrigated under the act of Congress approved June seventeenth, nineteen hundred and two, known as the reclamation act, and for other purposes. (Act March 6, 1906, ch. 518, 34 Stat. 53)

[Sec. 1. Withdrawal of irrigable lands for reclamation.]—That if within the limits of the Yakima Indian Reservation, in the State of Washington, as described in the act approved December twentyfirst, nineteen hundred and four, entitled "An act to authorize the sale and disposition of surplus or unallotted lands of the Yakima Indian Reservation, in the State of Washington,” there shall be found surplus or unallotted lands under irrigation projects deemed practicable and undertaken under the provisions of the act of Congress approved June seventeenth, nineteen hundred and two, known as the reclamation act, the Secretary of the Interior is hereby authorized to exclude from the provisions of said act of December twentyfirst, nineteen hundred and four, such surplus or unallotted lands which can be irrigated under such projects and to dispose of the same in the manner hereinafter provided, and he is further authorized to make withdrawals of such lands for the purposes provided in said reclamation act. (34 Stat. 53.)

Sec. 2. [Lands subject to homestead entries—Payments—ForfeituresCanceled entries. ]—That the irrigable surplus and unallotted lands in any such projects shall be subject to homestead entry under all the provisions of the reclamation act at such time as may be fixed by the Secretary of the Interior and at a price determined by appraisal, as provided in said act of December twenty-first, nineteen hundred and four. Payments for the land shall be made in annual installments, the number and time of beginning being fixed by the Secretary of the Interior, and shall be deposited in the Treasury of the United States and credited to the Yakima Indian fund, and disposed of as provided by section four of the said act of December twentyfirst, nineteen hundred and four. Such payments shall be in addition to the charges for construction and maintenance of the irrigation system made payable into the reclamation fund by the provisions of the reclamation act. In case of failure to make any payment for such lands when due the Secretary of the Interior shall have power to cancel the entry and the corresponding water right and declare forfeited to the said Yakima Indian fund and the reclamation fund, respectively, the amounts paid on such entry and water right. The lands embraced within such canceled entry shall be subject to further entry under the reclamation act at the appraised value until otherwise directed by the President, who may by proclamation, as provided by said act of December twenty-first, nineteen hundred and

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YAKIMA INDIAN IRRIGABLE LANDS-RECLAMATION LAW

four, from time to time, fix such price as he may deem most advantageous upon all lands within such projects not disposed of. (34 Stat. 53.)

Sec. 3. [Disposal of allotted irrigable lands—Payments—Forfeiture.] That if any lands heretofore allotted or patented to Indians on said Yakima Indian Reservation shall be found irrigable under any project, the Secretary of the Interior is hereby authorized, upon the request or with the consent of such allottee or patentee, to dispose of all land in excess of twenty acres in each case, in tracts of an area approved by him and subject to all the provisions of the reclamation act to any person qualified to acquire water rights under the provi. sions of the reclamation act at a price satisfactory to the allottee or patentee and approved by the Secretary of the Interior, or at public sale to the highest bidder. The payments shall be made in annual installments, the number and terms being approved by the Secretary of the Interior. Such payments shall be in addition to the charges for construction and maintenance of the irrigation system made payable into the reclamation fund by the provisions of the reclamation act. In case of failure to make any payment for such lands when due, or the charges under the reclamation act, the Secretary of the Interior shall have power to cancel the entry and the corresponding water right and again dispose of the land in the manner hereinbefore provided. (34 Stat. 54.)

NOTE

Limit of Indian ownership.--This act fixes 20 acres as the unit for Indian ownership to be irrigated by the waters of a project, and if an Indian desires to accept the benefits of the act and place his surplus lands under the control of the Government to be sold for his benefit, he can do so only upon the condition that he will retain 20 acres thereof, and no more, for which a water right shall be secured to him, appurtenant to the land and subject to the same charge for construction and annual charge for maintenance as other lands under the project. (Op. Asst. Atty. Gen., 35 L. D. 110.)

[Sec. 4. Use of proceeds of sales–Balance credited to individual Indians.]—That from the payments received from the sale of such individual Indian lands there shall be covered into the reclamation fund the amounts fixed by the Secretary of the Interior as annual charges on account of the land retained by such Indian for the construction and maintenance of the irrigation system, as required under the reclamation act. The balance, if any, shall be deposited in the Treasury of the United States to the credit of the individual Indians, and may be paid to any of them if, in the opinion of the Secretary of the Interior, such payments will tend to improve the condition and advance the progress of said Indians, but not otherwise. (34 Stat. 54.)

Sec. 5. [Payment of water charges—Water supply-Perpetual water rights—Use of funds.]—That the Secretary of the Interior is hereby authorized to cover into the reclamation fund from the money

of any such Indian, either from his individual credit or from the general Yakima Indian fund, for the payment of charges for construction and maintenance, for the water rights appurtenant to the land retained by him, or for the annual maintenance charges payable

YAKIMA INDIAN IRRIGABLE LANDS-RECLAMATION LAW 79

on account of such water rights after the construction charge thereon has been paid in full. After unconditional title in fee has passed from the United States for any lands retained by such Indians, the water for irrigating such lands shall be furnished under the same conditions in all respects as for other lands under the project: Provided, That any Indian taking advantage of this act shall have a perpetual water right so long as the maintenance charges are paid whether he uses the water or not, and the Secretary of the Interior is hereby authorized to use the funds of the tribe to pay such maintenance charges, which in his discretion it is necessary to preserve said water right: Provided further, That he may, in his discretion, use said funds to pay for water rights and the maintenance charges on twenty acres of any Indian allotment if the sum obtained from the sale of the allottee's land in excess of twenty acres and his interest in the tribal funds be insufficient for those purposes. (34 Stat. 54.)

Sec. 6. [Patent in fee. ]-That the Secretary of the Interior shall be authorized, upon compliance with the provisions of this act and of the reclamation act by any party having purchased such allotted or patented lands as herein provided, to issue patent passing unconditional title in fee by the United States as trustee for the allottee or patentee, and shall cancel any allotment as to the lands disposed of under this act. (34 Stat. 54.)

Sec. 7. [Cost of irrigation works to be paid from sales of water rightsAmendment.]—That the irrigation works heretofore constructed for the Yakima Indian Reservation may be, at a cost to be determined by the Secretary of the Interior, included in any project developed under the provisions of the reclamation act and of this act, and become a part of said project for all purposes of the reclamation act, and the cost of same shall be included in the cost of such project and be paid into the Yakima Indian fund out of the proceeds arising from the sale of water rights, from time to time, as payments on account thereof are received. The provisions of this act shall be construed as superseding or amending any provisions of the said act of December twenty-first, nineteen hundred and four, so far as any conflict may appear. (34 Stat. 55.)

Sec. 8. [Authority to make regulations.]—That the Secretary of the Interior is hereby authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this act into full force and effect. (34 Stat. 55.)

COLVILLE INDIAN IRRIGABLE LANDS SUBJECTED TO RECLA

MATION LAW

(Extract from An act to authorize the sale and disposition of surplus or unallotted lands

of the diminished Colville Indian Reservation, in the State of Washington, and for other purposes. (Act March 22, 1906, ch. 1126, 34 Stat. 80)

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Sec. 12. [Irrigable lands to be disposed of under reclamation actPayments.] That if any of the lands of said diminished Colville Indian Reservation can be included in any feasible irrigation project under the reclamation act of June 17, 1902, the Secretary of the Interior is authorized to withhold said lands from disposition under this act and to dispose of them under the said reclamation act, and the charges provided for by said reclamation act shall be in addition to the appraised value of said lands fixed as hereinbefore provided and shall be paid in annual installments as required under the said reclamation act, and the amounts to be paid for the land, according to appraisement, shall be credited to the fund herein established for the benefit of the Colville Indians. (34 Stat. 82.)

80

TOWN SITES AND POWER DEVELOPMENT

An act providing for the withdrawal from public entry of lands needed for town-site pur

poses in connection with irrigation projects under the reclamation act of June 17, 1902, and for other purposes. (Act April 16, 1906, ch. 1631, 34 Stat. 116)

[Sec. 1. Withdrawal of lands for reclamation town sites—Survey of town sites—Reservations for public purposes.]—That the Secretary of the Interior may withdraw from public entry any lands needed for town-site purposes in connection with irrigation projects under the reclamation act of June 17, 1902, not exceeding 160 acres in each case, and survey and subdivide the same into town lots, with appropriate reservations for public purposes. (34 Stat. 116.)

Textual note. This section, and a portion of section 4, act of June 27, 1906 (34 Stat. 519, 520), are codified as section 561, title 43, United States Code. In the code reference is made to “reclamation law," instead of "reclamation act of June 17, 1902."

NOTES

Cross references.—See act of October 5, 1914 (38 Stat. 727).

The act of May 17, 1926 (44 Stat. Pt. 2, p. 15), authorizes issuance of patent under the above act and the act of June 27, 1906 (34 Stat. 519), to the Boyle Commission Co. for block numbered 223, town site of Heyburn, Idaho, without further payment on account of purchase price fixed for said land.

See act approved March 2, 1929 (45 Stat. 1522), and its amendment of February 14, 1931, authorizing the disposition of unplatted portions of Government town sites.

Park in town site.-A park within a town site established under this act is not a country park, public playground, or community center contemplated by act of October 5, 1914 (38 Stat. 727), and water can not be delivered thereon free of charge. (Departmental decision, June 18, 1915.)

Regulations.-For General Land Office regulations see 52 L. D. 117.

Sec. 2. [Appraisal of lots—Sale at auction-Subsequent sale—Expenses and proceeds.]-That the lots so surveyed shall be appraised under the direction of the Secretary of the Interior and sold under his direction at not less than their appraised value at public auction to the highest bidders, from time to time, for cash, and the lots offered for sale and not disposed of may afterwards be sold at not less than the appraised value under such regulations as the Secretary of the Interior may prescribe. Reclamation funds may be used to defray the necessary expenses of appraisement and sale, and the proceeds of such sales shall be covered into the reclamation fund. (34 Stat. 116.)

Textual note.-Section 2 is codified as section 562, title 43, United States Code, the only change being the omission of the word “That” at the beginning of the section.

NOTES

Cross references.—See act of June 27, 1906 (34 Stat. 519).
See Newell town site act of September 8, 1916 (39 Stat. 852).

Application of receipts.—The gross receipts from the sale of town-site lots should be considered as revenues, and not as a repayment in part and revenues in part. (Comp. Dec., December 6, 1906.)

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