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FEDERAL
VOLUME 4

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REGISTER
1934

AflTEO

NUMBER 96

Washington, Thursday, M a y 18, 1939
Rules, Regulations, Orders TITLE 25IND IANS
OFFICE O F IN D IA N AFFAIRS
P art 130 O rder F ix in g O pe r a tio n and M a intenance C harges for T ribal and T rust P atent I n d ia n L ands , S a n C ar
los P roject , A rizo na , C alendar Y ear 1938 and U n t il F urther O rder M arch 17, 1939.
130.110 Basic charge. Pursuant to the provisions of Section 10 o f the Act of March 3, 1905 33 Stat., 1081, as amended and supplemented by the Acts of August 24,1912 37 Stat., 522, August 1, 1914 38 Stat., 583, Title 25 UJS.C.
385, Section 5 of the Act of June 7, 1924
43 Stat., 476, March 7, 1928 45 Stat., 210, Title 25 UJS.C. 387, and the Act of August 9, 1937 50 Stat., 577, as amended by the Act of May 9, 1938 52
Stat., 291-305, and in accordance with the public notice issued on December 1, 1932, operation and maintenance charges are assessable against the 50,000 hcres of tribal lands and trust patent Indian lands of the San Carlos irrigation proj ect within the boundaries of the Pima Indian Reservation, Arizona, and the basic rate assessed for the calendar year 1938 and subsequent years u n l e s s changed by further order, is hereby fixed at $1.65 per acre. Such rate shall entitle each acre of land to have delivered for use thereon two 2 acre-feet of water per acre or its proportionate share of the available water supply.
130.111 Excess water charge. For water delivered in excess of two 2 acrefeet per acre there shall be charged 50
cents per acre-foot per acre for the first acre-foot of excess water or fraction thereof delivered, and $1 per acre-foot or fraction thereof per acre for water de livered in excess of three 3 acre-feet Per acre; provided there shall be no charge for free water delivered in ac cordance with existing regulations and no discrimination in the delivery of free water to Indian and non-Indian lands.

130.112 Time and place of payment.
Basic charges shall become due on Jan uary 1 of each year and shall be payable on or before May 15; provided no water shall be delivered prior to the payment of said basic charge unless pursuant to law proper arrangements have been made for such payment. Payment for excess water as herein provided shall be made at the time of request for delivery thereof or previous to the time of deliv ery. Payment of these assessments and charges shall be made at the office of the Superintendent of the Gila River Reservation at Sacaton, Arizona.
130.113 Alternate method of pay ment. Payment of charges may be made from revenue derived from farming op erations on tribal lands conducted by the Pima Agency as provided by the Act of August 9,1937 50 Stat., 577, as amended by the Act of May 9, 1938 52 Stat., 291305. Should the subjugation and crop ping operations not produce sufficient revenues to meet the aforesaid charges, the deficit shall be paid or otherwise satisfactorily provided for by the In
dians, or from such other funds as may be made available therefor by law; pro vided, in such event where the allottee or assignee is required to pay the charges such allottee or assignee shall be entitled to the benefit of the 3-year exemption period from the payment of operation and maintenance charges as provided for in Office letter of June 20, 1933, as con firmed by departmental order of Novem ber 18, 1936. The 3-year exemption pe riod shall begin to run from the date the land is placed under cultivation by the individual Indian, or in the case of as signment of tribal land or release of al lotted land which has been operated under the subjugation and cropping pro gram the exemption period shall begin with the date of the assignment or re lease to the individual Indian for his individual operation: Provided, That this order shall be subject to the power of the Gila River Pima-Maricopa Indian Com munity, through its Community Council or through referendum vote, as provided in its Constitution and By-laws, to pre-

CONTENTS
RULES, REGULATIONS, ORDERS
J.TTLE 0 ----IN DIANS:

Office of Indian Affairs:
Sim Carlos Project, Ariz., operation and maintenance charges for tribal and trust p a t e n t Indian lands___________________
T itle 50 W il d l if e :
Bureau of Biological Survey:
Kentucky Woodlands Wildlife Refuge, Ky., fishing per mitted __________________

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NOTICES
Department of Agriculture:
A g ric u ltu ra l Adjustment AdnjiaiSiration:
-Agricultural conservation pro gram bulletin, 1938, Sup plement 23_______ ______
Thomas County, Kans., 1939
agricultural conservation program, Supplement 1_
reaerai Trade commission:
Amended a n d supplemental complaints and notices of hearings:
-Arden, Elizabeth, Inc., Eliza,beth Arden Sales Corp., and Florence N. Lewis__
Coty, Inc., et al______________
Securities and Exchange Commis-

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/sion:
Community Power and Light Co., et al, effectiveness of declaration, etc___________
.SM iigan Public Service Co., et al., issue and sale of bonds.
.Middle West Corp., amendatory order_____________________
Notice,of and orders for hearJAgs:
Towa-Nebraska L i g h t and / Power Co_____________
Litchfield Electric Light and Power Co_______________
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