43 U.S.C. § 1522: Orme Dam and Reservoir

Summary

The Secretary must pick land in the Salt River Pima‑Maricopa and Fort McDowell‑Apache communities (including allotted lands) that is needed for building, running, and keeping Orme Dam and Reservoir. The Secretary will offer to pay fair market value for the land and any improvements. The government will also pay up to $500,000 total to help move or replace improvements. For a house, the payment for moving or replacing it cannot be more than the difference between the house’s fair market value and $8,000. Each community and affected allottee has six months to accept or reject the offer. If they reject it, the United States may take the land by eminent domain in the U.S. District Court for the District of Arizona under sections 3113 and 3114(a)–(d) of title 40. If the offer is accepted in writing or a declaration of taking is filed, the land becomes U.S. property. If the Secretary later decides the land is not needed, title can be returned after the government is repaid what it paid. Title to acquired land can allow the former owner to keep using or leasing it for uses that do not interfere with the project, including mining, and the fair market value offer will count those rights. The Secretary must also add 2,500 acres of nearby suitable land to the Fort McDowell Reservation in township 4 north, range 7 east; township 5 north, range 7 east; and township 3 north, range 7 east, Gila and Salt River base meridian, Arizona, with the United States holding that land in trust for the Fort McDowell Mohave‑Apache Community. Each community may, with the Secretary’s approval and under reservoir rules, develop and run recreational facilities along its shoreline under a master recreation plan. Community members may hunt and fish there without charge as now, but communities cannot exclude others except by controlling access through their reservation and cannot charge the public except for using community lands or facilities. All payments made under this law, and any per capita payments, are exempt from State and Federal income taxes.

Title 43, §1522

Public Lands, Source: USLM XML via OLRC

(a)Acquisition of lands of Salt River Pima-Maricopa Indian Community and Fort McDowell-Apache Indian Community; relocation; eminent domain (b) Rights of former owners to use or lease land (c) Addition of land to Fort McDowell Indian Reservation

The Secretary shall designate the lands of the Salt River Pima-Maricopa Indian Community, Arizona, and the Fort McDowell-Apache Indian Community, Arizona, or interests therein, and any allotted lands or interests therein within said communities which he determines are necessary for use and occupancy by the United States for the construction, operation, and maintenance of Orme Dam and Reservoir, or alternative. The Secretary shall offer to pay the fair market value of the lands and interests designated, inclusive of improvements. In addition, the Secretary shall offer to pay toward the cost of relocating or replacing such improvements not to exceed $500,000 in the aggregate, and the amount offered for the actual relocation or replacement of a residence shall not exceed the difference between the fair market value of the residence and $8,000. Each community and each affected allottee shall have six months in which to accept or reject the Secretary’s offer. If the Secretary’s offer is rejected, the United States may proceed to acquire the property interests involved through eminent domain proceedings in the United States District Court for the District of Arizona under section 3113 and 3114(a) to (d) of title 40. Upon acceptance in writing of the Secretary’s offer, or upon the filing of a declaration of taking in eminent domain proceedings, title to the lands or interests involved, and the right to possession thereof, shall vest in the United States. Upon a determination by the Secretary that all or any part of such lands or interests are no longer necessary for the purpose for which acquired, title to such lands or interests shall be restored to the appropriate community upon repayment to the Federal Government of the amounts paid by it for such lands.

(d)Recreational facilities developed and operated by Indian communities along Orme Reservoir shoreline

Each community shall have a right, in accordance with plans approved by the Secretary, to develop and operate recreational facilities along the part of the shoreline of the Orme Reservoir located on or adjacent to its reservation, including land added to the Fort McDowell Reservation as provided in subsection (b) of this section, subject to rules and regulations prescribed by the Secretary governing the recreation development of the reservoir. Recreation development of the entire reservoir and federally owned lands under the jurisdiction of the Secretary adjacent thereto shall be in accordance with a master recreation plan approved by the Secretary. The members of each community shall have nonexclusive personal rights to hunt and fish on or in the reservoir without charge to the same extent they are now authorized to hunt and fish, but no community shall have the right to exclude others from the reservoir except by control of access through its reservation or any right to require payment by members of the public except for the use of community lands or facilities.

(e)Exemption of funds from State and Federal income taxes

All funds paid pursuant to this section, and any per capita distribution thereof, shall be exempt from all forms of State and Federal income taxes.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “section 3113 and 3114(a) to (d) of title 40” substituted for “40 U.S.C., section 257 and 258a” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Statutory Notes and Related Subsidiaries

Inapplicability of Subsection (a) to Fort McDowell Indian Community Pub. L. 101–628, title IV, § 411(e), Nov. 28, 1990, 104 Stat. 4491, provided that: “As of the date the authorizations contained in section 409(b) of this Act become effective [see section 412 of Pub. L. 101–628, 104 Stat. 4491], section 302(a) of the Colorado River Basin Project Act (43 U.S.C. 1522(a)) shall no longer apply to the Community [Fort McDowell Indian Community].” Inapplicability to Salt River Pima-Maricopa Indian Community Pub. L. 100–512, § 11(c), Oct. 20, 1988, 102 Stat. 2558, provided that: “Upon the

Effective Date

of this Act as set forth in section 12 [102 Stat. 2559], section 302 of the Colorado River Basin Project Act (43 U.S.C. 1522) shall no longer apply to the Community [Salt River Pima-Maricopa Indian Community].”

§1522 Orme Dam and Reservoir