§ 386a. — Adjustment of reimbursable debts; construction charges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC386a]
TITLE 25--INDIANS
CHAPTER 11--IRRIGATION OF ALLOTTED LANDS
Sec. 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,
Sec. 208(a), Dec. 21, 1982, 96 Stat. 1824; Pub. L. 104-42, title II,
Sec. 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, Sec. 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, Sec. 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.
