§ 385. — Maintenance charges; reimbursement of construction costs; apportionment of cost.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC385]
TITLE 25--INDIANS
CHAPTER 11--IRRIGATION OF ALLOTTED LANDS
Sec. 385. Maintenance charges; reimbursement of construction
costs; apportionment of cost
For lands irrigable under any irrigation system or reclamation
project the Secretary of the Interior may fix maintenance charges which
shall be paid as he may direct, such payments to be available for use in
maintaining the project or system for which collected: Provided further,
That all moneys expended under this provision shall be reimbursable
where the Indians have adequate funds to repay the Government, such
reimbursements to be made under such rules 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, Secs. 1, 3, 36 Stat. 270, 272; Aug. 1, 1914, ch.
222, Sec. 1, 38 Stat. 583; Aug. 7, 1946, ch. 770, Sec. 1(8), 60 Stat.
867; Pub. L. 97-293, title II, Sec. 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.
