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Title 16 — ConservationRelease 119-73

§435 Acquiring reservation land

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LXI— - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS › § 435

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior must negotiate with the Agua Caliente Band to get their agreement to give up land. Once the band agrees and an agreement is reached, the Secretary must pay enrolled members from the donated fund as allowed by section 434. The Secretary may decide how to get the consent and how to make the payments. The dam, pipelines, canals, irrigation works in sections 2 and 3 of township 5 south, range 4 east, San Bernardino meridian, and all water and water rights in Palm Canyon are not part of the reserve. Those remain under the exclusive control of the Bureau of Indian Affairs. The Federal Power Act (16 U.S.C. 791a et seq.) does not apply to this monument.

Full Legal Text

Title 16, §435

Conservation — Source: USLM XML via OLRC

In order to determine the amount to be paid under section 434 of this title the Secretary of the Interior is authorized and directed to negotiate with said Indians to obtain their consent and relinquishment, and when such consent and relinquishment has been obtained and an agreement reached the Secretary of the Interior is further authorized to make payment from said donated fund for the lands relinquished to the enrolled members of the said Agua Caliente Band as authorized by section 434 of this title. The consent and relinquishment of the Indians may be obtained and payment made for the lands in such manner as the Secretary of the Interior may deem advisable. The water rights, dam, pipe lines, canals, and irrigation structures located in section 2 and 3 of township 5 south, range 4 east, San Bernardino meridian, and also all water and water rights in Palm Canyon, are excepted from this reserve and shall remain under the exclusive control and supervision of the Bureau of Indian Affairs. The provisions of the Federal Power Act [16 U.S.C. 791a et seq.] shall not apply to this monument.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Power Act, referred to in text, was in the original the “Act of Congress approved
June 10, 1920, known as the Federal Water Power Act”, and was redesignated as the Federal Power Act by section 791a of this title. The Federal Power Act is act
June 10, 1920, ch. 285, 41 Stat. 1063, and is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables. Codification This section is a combination provision, the last sentence of which is from section 3 of act Aug. 26, 1922, the remainder being derived from section 2 of that act.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

16 U.S.C. § 435

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73