Page:United States Statutes at Large Volume 34 Part 1.djvu/84

 54 F1FTY—NIN'I`H (IONGRESS. Sess. I. Ch. 518. 1906. 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 canceled entries. 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 rovided by said Act of December twenty-first, nineteen hundred and four, from time to time fix such price as he may deem most advantageous upon all lands within such projects not diposed of. _ Disrpsal of allotted Sec.  That if any lands heretofore allotted or patented to Indians mln I°1°°d°' 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 an person qualified to acquire water rights under the provisions of the reclamation Act at a price satisfactory to the allottee or patentee and a proved by the Secretary of the Interior, or at public P•Y¤=°¤** 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. hmmm In case of failure to make any payment for such lands when due or the charges under the reclamatwn Act the Secretary of the Interior shall have wer to cancel the entry and the corresponding water right and again digpose of the land in the manner hereinbefore provided. mlgs °* P¤¤¤¤¤'¤ M Sec. 4. 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 the annual charges on account of the land retained by such Indian for the construction and maintenance of the irrigation system as required under the recla- ,mB;},§:;=·¤,g;°(§::*;_w mation Act. The balance, if any, shall be deposited in the Treasury of the United States to the credit of the indivi ual Indians, and may be paid to any of them if, in the opinion of the Secretary of the Intcrior, such payments will tend to improve the condition and advance the progress of said Indians, but not otherwise. cgggmmm- °°¤-· _ Sec. 5. Thatthe Secretary of the Interior is herebyauthorizedtocover ` . into the reclamation fund from the money of an such Indian, either from his individual credit or from the general lakima 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 c urges payable on account of such water rights after the “'**°' ¤°PPlY· 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 Q’;';_’{,'{'_,_, nm. project: Prmnded, That any Indian taking advantage of this Act shall rama. aye a perpetual water right so long as the maintenance charges are pa1d,_w et er he uses the water or not, and the Secretary of the Intenor IB hereby authorized to use the funds of the tribe to pay such maintenance charges, which in his discretion it is necessary to pre- Use ¤f ¢¤¤¤¤· serve sand water right: Provided further, That he ma, 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  e allottee’s land in excess of twenty acres and his H i f interest in the tribal funds be insufficient for those pur ses. '°"‘ “ °° Sec. 6. That the Secretary of the Interior shall bg 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