Public Law 68–151

That subject to payment being made as provided herein, there is hereby granted to the United States, its successors and assigns, for the proposed American Falls Reservoir on the Snake River under the Minidoka Federal irrigation project, in Idaho, all right, title, and interest the Indians have to the tribal and allotted lands within that section of the Fort Hall Indian Reservation commonly referred to as the Fort Hall

Description.

Bottoms, which lands will be inundated by the impounding of one million seven hundred thousand acre-feet of water within said proposed reservoir, together with a five-foot freeboard the elevation of which shall be. established, using as a basis the one million five hundred thousand acre-foot contour line as shown in what is known as the DyerDietzBanks appraisal of Indian lands dated December 30, 1922, and on file in the Department of the Interior subject, to the

Rights of Indians for grazing, hunting, etc, reserved.

reservation of an easement to the Fort Hall Indians to use the said lands for grazing, hunting, fishing, and gathering of wood, and so forth, the same way as obtained prior to this enactment, in so far as such uses shall not interfere with the use of said lands for reservoir purposes.

Sec. 2.

That the Secretary of the Interior be, and he is hereby,

Agreement or condemnation authorized.

authorized to acquire by agreement or condemnation proceedings the area of allotted lands described in section 1. The value fixed by

Appraisal of value.

agreement with the allottees, and in any case where it may become necessary to institute condemnation proceedings for such purpose, the value of the allotment or allotments involved as determined by such proceedings, shall be paid out of the sum deposited to the

Payment from sum credited to Indians.

credit of the Fort Hall Indians as provided in section 3 hereof.

Sec. 3.

That in consideration of the rights granted in section 1

Amount to be taken from reservoir const ruction money and deposited to credit of Indians.

hereof, of both tribal and allotted lands, there shall be deposited in the Treasury of the United States to the credit of the Fort Hall Indians the total sum of $700,000, which sum shall be taken from moneys appropriated for the construction of said reservoir: Provided, That

Proviso.

Interest allowed.

the said sum of $700,000, when so deposited, shall draw interest at the rate of 4 per centum per annum.

Sec. 4.

Should any lands above the five-foot freeboard, as provided

Appraisal of damages to adjoining lands.

in section 1. be damaged on account of the reservoir, the amount of the damage shall be determined by a board consisting of three members—two of which shall be appointed by the Secretary of the Interior—one from the Bureau of Indian Affairs, and one from the Bureau of Reclamation, the third member, who shall be a

Payment for, from construction fund, to credit of Indians.

disinterested party, to be selected by the two so appointed. The amount of damage as fixed by the board shall be taken from moneys appropriated for the construction of said reservoir and deposited in the Treasury of the United States to the credit of the Fort Hall Indians.

Sec. 5.

That there is hereby authorized to be appropriated not to exceed $100,000 of the money when deposited to the credit of the Fort Hall Tribe of Indians for use in relocating, enlarging, and reconstructing the main canal of the Fort Hall irrigation project to provide irrigation facilities for Indian lands situated in the southern portion of the Fort Hall Reservation, commonly known as the

Reimbursement by Indians benefited.

Michaud Flats, which amount so expended shall be reimbursed to the tribe by the Indians whose lands are benefited, on a per acre basis in accordance with such rules and regulations as the Secretary

Proviso.

Party acquiring Indian title to pay charges, before allowed water.

of the Interior may prescribe: Provided, That in all cases where the Indian title becomes extinguished prior to total reimbursement of the sum assessed against any particular allotment, the party acquiring title to such allotment shall be required to execute an agreement before any water will be furnished therefor, providing for the payment of construction charges assessed against such lands, and for the payment of the annual operation and maintenance charges.