Page 99 TITLE 25—INDIANS § 385c

and regulations as the Secretary of the Interior

may prescribe: Provided further, That the Secretary of the Interior is authorized and directed

to apportion the cost of any irrigation project

constructed for Indians and made reimbursable

out of tribal funds of said Indians in accordance

with the benefits received by each individual Indian so far as practicable from said irrigation

project, said cost to be apportioned against such

individual Indian under such rules, regulations,

and conditions as the Secretary of the Interior

may prescribe.

(Apr. 4, 1910, ch. 140, §§1, 3, 36 Stat. 270, 272; Aug.

1, 1914, ch. 222, §1, 38 Stat. 583; Aug. 7, 1946, ch.

770, §1(8), 60 Stat. 867; Pub. L. 97–293, title II,

§224(f), Oct. 12, 1982, 96 Stat. 1273.)

CODIFICATION

Section is based on sections 1 and 3 of act Apr. 4, 1910,

and section 1 of act Aug. 1, 1914.

A provision in act Aug. 1, 1914, appropriated a specific

sum for the construction, repair, etc., of ditches, reservoirs, etc., and for the pay of designated officials and

employees.

AMENDMENTS

1982—Pub. L. 98–293 struck out provisions requiring

Secretary of the Interior to transmit annual cost accounts to Congress of all moneys expended on each irrigation project.

1946—Act Aug. 7, 1946, discontinued provisions requiring Secretary of the Interior to transmit annual cost

accounts to Congress of all moneys expended on each

irrigation project.

§ 385a. Irrigation projects; deposit of assessments

as trust fund; disposition of fund

Effective August 7, 1946, collections made from

water users on each Indian irrigation project on

account of assessments levied to meet the cost

of operating and maintaining such project shall

be deposited into the Treasury for credit to a

trust-fund account pursuant to section 1321 of

title 31, and shall be available for expenditure in

carrying out the purposes for which collected.

(Aug. 7, 1946, ch. 802, §1, 60 Stat. 895.)

CODIFICATION

‘‘Section 1321 of title 31’’ substituted in text for ‘‘section 20 of the Permanent Appropriation Repeal Act,

1934 (48 Stat. 1227) [31 U.S.C. 725s]’’ on authority of Pub.

L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Section was formerly classified to section 725s–1 of

Title 31 prior to the general revision and enactment of

Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept.

13, 1982, 96 Stat. 877.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 385b of this title.

§ 385b. Amounts creditable to fund

There shall be credited to each trust-fund account established under section 385a of this title

the excess, if any, of (1) the unexpended balance

of any repealed special fund appropriation to

which operation and maintenance collections

were credited prior to July 1, 1935, and (2) the

amount of receipts covered into the Treasury

pursuant to section 4 of the Permanent Appropriation Repeal Act, 1934 (48 Stat. 1227), over expenditures from appropriations provided for the

operation and maintenance of the irrigation

project from which such unexpended balance or

receipts were derived, and the amount so credited shall be subject to expenditure as prescribed

in section 385a of this title.

(Aug. 7, 1946, ch. 802, §2, 60 Stat. 895.)

REFERENCES IN TEXT

Section 4 of the Permanent Appropriation Repeal

Act, 1934, referred to in text, is section 4 of act June 26,

1934, ch. 756, 48 Stat. 1227, which was classified to section 725c of former Title 31, and was omitted from the

Code in the general revision and enactment of Title 31,

Money and Finance, by Pub. L. 97–258, Sept. 13, 1982, 96

Stat. 877.

CODIFICATION

Section was formerly classified to section 725s–2 of

Title 31 prior to the general revision and enactment of

Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept.

13, 1982, 96 Stat. 877.

§ 385c. Appropriation and disposition of power

revenues

Revenues collected after August 7, 1946, from

power operations on each Indian irrigation

project and deposited into the Treasury for credit to miscellaneous receipts pursuant to section

4 of the Permanent Appropriation Repeal Act,

1934 (48 Stat. 1227), or pursuant to other provisions of law, are authorized to be appropriated

annually, in specific or in indefinite amounts,

equal to the collections so credited, for the following purposes in connection with the respective projects from which such revenues are derived: (1) Payment of the expenses of operating

and maintaining the power system; (2) creation

and maintenance of reserve funds to be available

for making repairs and replacements to, defraying emergency expenses for, and insuring continuous operation of the power system, the fund

for each project to be maintained at such level,

within limits set by the Director of the Office of

Management and Budget, as may from time to

time be prescribed by the Secretary of the Interior; (3) amortization, in accordance with the repayment provisions of the applicable statutes or

contracts, of construction costs allocated to be

returned from power revenues; and (4) payment

of other expenses and obligations chargeable to

power revenues to the extent required or permitted by law.

(Aug. 7, 1946, ch. 802, §3, 60 Stat. 895; 1970 Reorg.

Plan No. 2, §102, eff. July 1, 1970, 35 F.R. 7959, 84

Stat. 2085.)

REFERENCES IN TEXT

Section 4 of the Permanent Appropriation Repeal

Act, 1934, referred to in text, is section 4 of act June 26,

1934, ch. 756, 48 Stat. 1227, which was classified to section 725c of former Title 31, and was omitted from the

Code in the general revision and enactment of Title 31,

Money and Finance, by Pub. L. 97–258, Sept. 13, 1982, 96

Stat. 877.

CODIFICATION

Section was formerly classified to section 725s–3 of

Title 31 prior to the general revision and enactment of

Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept.

13, 1982, 96 Stat. 877.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization

plan) in Bureau of the Budget or Director of Bureau of