25 U.S.C. § 386a — Adjustment of reimbursable debts; con-

Page 112 TITLE 25—INDIANS § 386 Editorial Notes 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 sec- tion 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. Executive Documents TRANSFER OF FUNCTIONS All functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of 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, re- designated Bureau of the Budget as Office of Manage- ment 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 irriga- tion 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 assess- able against said land. (Feb. 14, 1920, ch. 75, § 1, 41 Stat. 409.) § 386a. Adjustment of reimbursable debts; con- struction charges The Secretary of the Interior is hereby au- thorized and directed to adjust or eliminate re- imbursable charges of the Government of the United States existing as debts against indi- vidual 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 assess- ments 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 Con- gress not later than sixty calendar days fol- lowing 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 concur- rent 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 in- dividual 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.) Editorial Notes 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 indi- vidual 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 elimi- nations 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 cal- endar days’’ for ‘‘sixty legislative days’’ wherever ap- pearing. § 387. Omitted Editorial Notes CODIFICATION Section, which related to basis of apportionment of costs of irrigation projects was from the Interior De- partment Appropriation Act, 1946, July 3, 1945, ch. 262, 59 Stat. 328, and was not repeated in the Interior De- partment 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 agree- ment The Secretary of the Interior is authorized to pay out of funds available for the Indian irriga- tion 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, construc- tion, operation, or maintenance of irrigation