Page:United States Statutes at Large Volume 46 Part 1.djvu/1105

 1062 SEVENTY-FIRST CONGRESS. SEss. III. Cs. 104 . 1931 . Proviso. Limitation. Reimbursement of charges on remaining area, payable within for ty ye ars . Payments for first three years d iscretion- ary. Payments on lands when transferred from India n own ership. Lien aga inst all land in Michaud divisi on. so long as said tract remains in Indian ownership : Provided, That no more tha n one such trac t of twenty ac res in one owne rship shall be so exempted from payment of construction charges. The con- struct ion cha rges on the re maining area o f the M ichaud Divisio n shall be reimbursed to the United States in not more than forty years as may be pre scribed by the Secret ary of the In terior, it bei ng within his discretion to require no payments for the first three years. When any Indian owned lands under the Michaud Division shall hereafter pass into non-Indian ownership, one-fortieth of the con- struction charges originally due from such lands shall thereafter be reimbursed e ach year to the United States by such non-In dian owner, until such c onstruction cha rges shall hav e been entirely reimbursed as to such land. There is hereby created a first lien against all lands in the said Michaud Division, which lien shall be recited in any patent or instrument issued therefor prior to the reimbursement to Effect on fnaian . the United States of the total amount chargeable against such lands, o wned lands , which lien shall not, however, be enforced as to Indian-owned lands during the period that the title to such lands remains in such Indian ownership. water right charge , SEC. 5. The lands in white ownership within the Michaud division a dditional to construc- taon, assessed against of the project on the date of the passage of this Act, in addition to lands in whito owner- s hip • paying their proportionate s hare of the co st of the const ruction of the division as shall be determined by the Secretary of the Interior, shall be required to pa for water rights for their lands in addition thereto at the rate of $y7 .50 per acre-foot, measured at the point of diversion for the water hereby equitably allotted to such lands, pay- ment therefor to be made to the Commissioner of Indian Affairs as Receipts there from a part of and on the same te rms as the con structi on cost of the f or benefit of reserve- division. The money so derived shall be distributed equitably by the t ion Indtaas. Secretary of the Interior to the Indians of the Fort Hall Reservation Proviso. Unpaid entitled thereto : Provided, That where any charge on behalf of construction chproject . ges on Fort H all construction against any Indian lands within the Fort Hall roject has not yet been paid to the Government the share of this fund to which t he Indi an owne r of su ch land would otherwi se be e ntitled shall be credited upon installments yet due on behalf thereof to the United States. a s stoiPa land- o wners SEC. 6. The funds hereby authorized to be appropriated shall not of costs . be expended unless and until the Secretary of the Interior shall make contracts with both the Indian and non-Indian landowners o bligating said landowners to repay the cost of all the wor k herein To be first li en authorized to be done, including a share of the cost of the benefits against lands in white to the Michaud division derived from the existing works. Suc h ownership until repaid. t hall create a first li agreemen s e n against the lands in white owner- ship, which lien shall not be released until the total share of the cost of such works properly assessable against such land as herein pro- for vided shall have been reimbursed to the United States : Provided, That where existing irrigation ditches constructed by the Indians themselves are destroyed in the construction of the Michaud division, proper credit to the extent of the present value of the work so destroyed shall be given to the Indian owner of the land on the share of the cost of the Michaud division properly assessable against his land, and the total of all such credits shall be charged into the total cost of the Michaud division of the project. of SEC. 7. The said Secre tary of the In terior shall b y public notice consistent herewith fix the per acre charge against the irrigable land o f both the Ind ian and white owned t racts, and the instal lments heretofore provided for shall be due and payable on the 1st day of December of each year until the total sum shall have been reimbursed to the United States. Proviso . Credit allowed dit ches destroye d. Public notice charges, etc., to given.

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