§ 386 TITLE 25—INDIANS Page 100

the Budget transferred to President by section 101 of

Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959,

84 Stat. 2085. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget.

§ 386. Reimbursement of construction charges

The Secretary of the Interior is authorized and

directed to require the owners of irrigable land

under any irrigation system constructed for the

benefit of Indians and to which water for irrigation purposes can be delivered to begin partial

reimbursement of the construction charges,

where reimbursement is required by law, at such

times and in such amounts as he may deem best;

all payments hereunder to be credited on a per

acre basis in favor of the land in behalf of which

such payments shall have been made and to be

deducted from the total per acre charge assessable against said land.

(Feb. 14, 1920, ch. 75, §1, 41 Stat. 409.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 386a of this title.

§ 386a. Adjustment of reimbursable debts; construction charges

The Secretary of the Interior is hereby authorized and directed to adjust or eliminate

reimbursable charges of the Government of the

United States existing as debts against individual Indians or tribes of Indians in such a way as

shall be equitable and just in consideration of

all the circumstances under which such charges

were made: Provided, That the collection of all

construction costs against any Indian-owned

lands within any Government irrigation project

is hereby deferred, and no assessments shall be

made on behalf of such charges against such

lands until the Indian title thereto shall have

been extinguished, and any construction assessments heretofore levied against such lands in

accordance with the provisions of section 386 of

this title, and uncollected, are hereby canceled:

Provided further, That the Secretary shall report

such adjustments and eliminations to the Congress not later than sixty calendar days following the end of the fiscal year in which they are

made: Provided further, That any proceedings

hereunder shall not be effective until approved

by Congress unless Congress shall have failed to

act favorably or unfavorably thereon by concurrent resolution within ninety calendar days

after the filing of said report, in which case they

shall become effective at the termination of the

said ninety calendar days: Provided further, That

the Secretary shall adjust or eliminate charges,

defer collection of construction costs, and make

no assessment on behalf of such charges for

beneficiaries that hold leases on Hawaiian home

lands, to the same extent as is permitted for individual Indians or tribes of Indians under this

section.

(July 1, 1932, ch. 369, 47 Stat. 564; Pub. L. 97–375,

title II, §208(a), Dec. 21, 1982, 96 Stat. 1824; Pub.

L. 104–42, title II, §207, Nov. 2, 1995, 109 Stat. 364.)

AMENDMENTS

1995—Pub. L. 104–42 inserted before period at end

‘‘: Provided further, That the Secretary shall adjust or

eliminate charges, defer collection of construction

costs, and make no assessment on behalf of such

charges for beneficiaries that hold leases on Hawaiian

home lands, to the same extent as is permitted for individual Indians or tribes of Indians under this section’’.

1982—Pub. L. 97–375, §208(a)(1), substituted ‘‘That the

Secretary shall report such adjustments and eliminations to the Congress not later than sixty calendar

days following the end of the fiscal year in which they

are made’’ for ‘‘That a report shall be made to Congress

annually, on the first Monday in December, showing

adjustments so made during the preceding fiscal year’’

in second proviso.

Pub. L. 97–375, §208(a)(2), substituted ‘‘ninety calendar days’’ for ‘‘sixty legislative days’’ wherever appearing.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 564l of this title;

title 43 sections 620c, 1542.

§ 387. Omitted

CODIFICATION

Section, which related to basis of apportionment of

costs of irrigation projects was from the Interior Department Appropriation Act, 1946, July 3, 1945, ch. 262,

59 Stat. 328, and was not repeated in the Interior Department Appropriation Act of 1947, act July 1, 1946, ch.

529, 60 Stat. 348. Similar provisions were contained in

the following prior appropriation acts:

June 28, 1944, ch. 298, 58 Stat. 474.

July 12, 1943, ch. 219, 57 Stat. 461.

July 2, 1942, ch. 473, 56 Stat. 518.

June 28, 1941, ch. 259, 55 Stat. 317.

June 18, 1940, ch. 395, 54 Stat. 419.

May 10, 1939, ch. 119, 53 Stat. 700.

May 9, 1938, ch. 187, 52 Stat. 304.

Aug. 9, 1937, ch. 570, 50 Stat. 577.

June 22, 1936, ch. 691, 49 Stat. 1769.

May 9, 1935, ch. 101, 49 Stat. 186.

Mar. 2, 1934, ch. 38, 48 Stat. 370.

Feb. 17, 1933, ch. 98, 47 Stat. 829.

Apr. 22, 1932, ch. 125, 47 Stat. 100.

Feb. 14, 1931, ch. 187, 46 Stat. 1126.

May 14, 1930, ch. 273, 46 Stat. 290.

Mar. 4, 1929, ch. 705, 45 Stat. 1573.

Mar. 7, 1928, ch. 137, 45 Stat. 210.

§ 388. Claims for damages; settlement by agreement

The Secretary of the Interior is authorized to

pay out of funds available for the Indian irrigation projects for damages caused to owners of

lands or other private property of any kind by

reason of the operations of the United States, its

officers or employees, in the survey, construction, operation, or maintenance of irrigation

works of such projects and which may be compromised by agreement between the claimant

and the Secretary of the Interior or such officers

as he may designate: Provided, That the total of

any such claims authorized to be settled as herein contemplated shall not exceed 5 per centum

of the funds available for the project under

which such claims arise during any one fiscal

year.

(Feb. 20, 1929, ch. 279, 45 Stat. 1252.)

§ 389. Investigation and adjustment of irrigation

charges on lands within projects on Indian

reservations

The Secretary of the Interior is authorized and

directed to cause an investigation to be made to

determine whether the owners of non-Indian