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e-CFR data is current as of August 7, 2020

Title 25Chapter ISubchapter G → Part 139


Title 25: Indians


PART 139—REIMBURSEMENT OF CONSTRUCTION COSTS, WAPATO-SATUS UNIT, WAPATO INDIAN IRRIGATION PROJECT, WASHINGTON


Contents
§139.1   Construction costs and assessable acreage.
§139.2   Repayment of construction costs.
§139.3   Payments.
§139.4   Deferment of assessments on lands remaining in Indian ownership.
§139.5   Assessments after the Indian title has been extinguished.

Authority: Sec. 1, 41 Stat. 409, 45 Stat. 210; 25 U.S.C. 386, 387.

Source: 28 FR 6536, June 26, 1963, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.

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§139.1   Construction costs and assessable acreage.

The construction program has been completed on the Wapato-Satus Unit of the Wapato Indian Irrigation Project, and the construction costs have been established by Designation Report dated August 1962 as $7,903,823.12 for the project and $1,499,073.62 for the “B” lands share of the construction costs in the Bureau of Reclamation reservoirs on the Yakima River. The area benefited by this development has been established at 136,559.59 acres divided into 79,025.68 acres of “A” land and 57,533.91 acres of “B” land. Under the requirements of the acts of February 14, 1920 (41 Stat. 409), and March 7, 1928 (45 Stat. 210), these costs are to be repaid to the U.S. Treasury by the owners of the lands benefited.

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§139.2   Repayment of construction costs.

The cost per acre of the construction under §139.1 is, therefore, calculated at $57.8782 for “A” lands and $83.9337 for “B” lands in non-Indian ownership as established by Designation Report dated August 1962. Under the provisions of the acts cited in §139.1 the annual per acre assessment for forty equal annual payments, is hereby fixed at $1.45 per acre for “A” lands and $2.10 per acre for “B” lands for the year 1962 and each succeeding year, until the entire cost for each tract shall have been repaid to the U.S. Treasury. On those tracts where payments have been made pursuant to uncodified special regulations, annual assessments beginning with the year 1962 at the rate of $1.45 per acre for “A” lands and $2.10 per acre for “B” lands will be made until the entire cost of $57.8782 per acre for “A” lands and $83.9337 per acre for “B” lands shall have been repaid to the U.S. Treasury. Landowners may pay at any time the total of the then remaining indebtedness. Under the act of March 10, 1928 (45 Stat. 210), the unpaid charges stand as a lien against the lands until paid.

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§139.3   Payments.

Payments are due on December 31 of each year and shall be made to the official in charge of collections for the project.

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§139.4   Deferment of assessments on lands remaining in Indian ownership.

In conformity with the act of July 1, 1932 (47 Stat. 564; U.S.C. 386(a)), no assessment shall be made on behalf of construction costs against Indian-owned land within the project until the Indian title thereto has been extinguished.

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§139.5   Assessments after the Indian title has been extinguished.

Indian-owned lands passing to non-Indian ownership shall be assessed for construction costs and the first assessment shall be due on December 31 of the year that the Indian title is extinguished. The construction costs against this land will be established as provided by section 5 of the act of September 26, 1961 (75 Stat. 680). The annual per acre assessment rate will be determined by dividing the established construction cost per acre into forty equal payments. “B” lands will also be assessed for reservoir construction costs in the annual per-acre rate as established in the Designation Report dated August 1962. Assessments against this land will continue until the entire established construction costs shall have been repaid to the U.S. Treasury. Landowners may pay at any time the total of the then remaining indebtedness. Under the act of March 10, 1928 (45 Stat. 210), the unpaid charges stand as a lien against the lands until paid.

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