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25 U.S.C. § 385 — Maintenance charges; reimbursement of construction costs; apportionment of cost
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_43fe30948d78c9f963510471
Source file: Laws/federal/codes/united-states-code/title-25/section-385-maintenance-charges-reimbursement-of-construction-costs-apportionment-of--aead7285ca.md
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Source location: Title 25, Chapter 11, § 385; chapter-011-irrigation-of-allotted-lands.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Existing Federal reclamation law** The provisions of Federal reclamation law shall remain in full force and effect, except to the extent such law is amended by, or is inconsistent with, this subchapter.
**(b) Existing statutory exemptions from ownership or pricing limitations of Federal reclamation law** Nothing in this subchapter shall repeal or amend any existing statutory exemptions from the ownership or pricing limitations of Federal reclamation law.
**(c) Regulations; collection of necessary data** The Secretary may prescribe regulations and shall collect all data necessary to carry out the provisions of this subchapter and other provisions of Federal reclamation law.
**(d) Omitted**
**(e) Sale of nonexcess land acquired into excess status pursuant to involuntary process of law, etc.** Any nonexcess land which is acquired into excess status pursuant to involuntary foreclosure or similar involuntary process of law, conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), inheritance, or devise, may be sold at its fair market value without regard to any other provision of this subchapter or to [section 423e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section423e&num=0&edition=prelim): Provided, That if the status of mortgaged land changes from nonexcess into excess after the mortgage is recorded and is subsequently acquired by the lender by involuntary foreclosure or similar involuntary process of law, by bona fide conveyance in satisfaction of the mortgage, such land may be sold at its fair market value.
**(f) Omitted**
**(g) Annual audit of compliance with reclamation laws** In addition to any other audit or compliance activities which may otherwise
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Federal law — U.S. Code and appendices · legal_authorities
Page 111
TITLE 25—INDIANS
§ 385c
the Appendix to Title 5, Government Organization and
Employees.
§ 385. Maintenance charges; reimbursement of
construction costs; apportionment of cost
For lands irrigable under any irrigation sys-
tem 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 Sec-
retary 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 In-
dian 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.)
Editorial Notes
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, res-
ervoirs, etc., and for the pay of designated officials and
employees.
AMENDMENTS
1982—Pub. L. 97–293 struck out provisions requ
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 385
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