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Show 252 imbursement dependent upon his ability to pay.600 Moreover, Congress in 1928 provided that reimbursable charges for opera- tion and maintenance be apportioned on a per-acre basis, with unpaid charges to be designated as a first lien against the lands.610 Since 1936, the Secretary may adjust, defer, or cancel con- struction and operation and maintenance charges against non- Indian landowners on Indian projects.611 And he may de- clare such lands permanently nonirrigable, or temporarily non- irrigable with no assessment of charges for limited periods.612 But the foregoing proceedings become effective only upon ap- proval by Congress.613 In practice, operation and maintenance charges are assessed against lands on Indian projects on a per-acre basis.614 Where water users do not have ready cash to pay these charges, they have been permitted to receive water upon cer- tification by the project superintendent of their inability to pay, their unpaid assessments being entered on the books as a lien against their lands.615 As regards land in a tribal status, the project officials look to the tribe for all operation and main- tenance assessments, and it is presumed that the tribe is finan- cially able to pay.616 The line of distinction between "construction costs" and other types of costs such as "operation and maintenance" or "repair and rehabilitation" costs has been said to be artificial, 609 Cohen, Handbook of Federal Indian Law, p. 250 (1945). 410 Act of March 7, 1928, 45 Stat. 200, 210, see 25 U. S. C. 387 note follow- ing. See also 25 0. F. R. 130.6. 611 Act of June 22,1936, § 1, 49 Stat. 1803, 25 U. S. C. 389. 612 § 2, 49 Stat. 1804, 25 U. S. 0. 389b, 389a. 613 § 6, 49 Stat. 1804, 25 U. S. C. 389e. 814 Office of Indian Affairs, Circular Letter, Irrigation 9001-36-F, June 6, 1941. See 25 C. F. B. 130.1 et seq. 616 Id. With respect to performance of labor in lieu of collection, see Hearings before a Subcommittee of the House Committee on Appropriations on Interior Department Appropriation Bill, 1939, 75th Cong., 3d sess., Part II, p. 226 (1938). See also Hearings before a Subcommittee of the House Committee on Appropriations on Interior Department Appropriation Bill, 1945, 78th Cong., 2d sess., Part II, p. 94 (1944). 616 Office of Indian Affairs, Circular Letter, Irrigation 9090-36-F, October 11,1939. |