OCR Text |
Show 251 approved by the Commissioner of Indian Affairs and the Sec- retary.699 In 1921, Congress authorized expenditure of moneys appropriated for extension, improvement, operation, and main- tenance of existing projects and for development of water supplies.600 Repayment of Costs.-The provisions applicable here differ widely from those obtaining in connection with projects of the Bureau of Reclamation.601 Until 1914, costs of irrigation works on Indian reservations were borne by the United States.602 In that year, however, Congress made both maintenance and construction charges reimbursable in accordance with regulations of the Secretary.608 This statute made reimbursement of all moneys expended de- pendent upon the ability of the Indians to pay assessments.604 By a 1920 statute, the Secretary was directed to require the beginning of partial reimbursement of construction charges.805 Nevertheless, practically all assessments collected under the 1914 and 1920 legislation were paid by non-Indian landowners on Indian projects.606 Under the 1932 Leavitt Act, the Secretary was directed to adjust or eliminate reimbursable charges then existing as debts against individual Indians or tribes.607 Moreover, this statute contained a significant proviso requiring that future construc- tion-cost assessments against any Indian-owned lands within any government irrigation project be deferred so long as the Indian retained title.608 While the Leavitt Act relieved the Indian of liability for construction costs, current assessments for operation and main- tenance remained chargeable under the 1914 statute with re- 899 u. «°° Act of November 2,1921, 42 Stat. 208, 25 U. S. 0. 13. 801 See supra, pp. 202-214, 237-239. 402 Cohen, Handbook of Federal Indian Law, p. 249 (1945). 808 Act of August 1, 1914, 38 Stat. 582, 583, as amended, 25 U. S. 0. 385. For the present departmental regulations, see 25 C. F. R. 130.1 et seq. «»Id. *5 Act of February 14,1920, § 1, 41 Stat. 408, 409, 25 U. S. O. 386. 908 Cohen, Handbook of Fedebal Indian Law, p. 249 (1945). «" Act of July 1,1932, 47 Stat. 564, 25 U. S. C. 386a. 608 Id. |