25 U.S.C. § 385a — Irrigation projects; deposit of assessments

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 requiring Secretary of the Interior to transmit annual cost ac- counts to Congress of all moneys expended on each irri- gation project. 1946—Act Aug. 7, 1946, discontinued provisions requir- ing Secretary of the Interior to transmit annual cost accounts to Congress of all moneys expended on each irrigation project. § 385a. Irrigation projects; deposit of assessments as trust fund; disposition of fund Effective August 7, 1946, collections made from water users on each Indian irrigation project on account of assessments levied to meet the cost of operating and maintaining such project shall be deposited into the Treasury for credit to a trust-fund account pursuant to section 1321 of title 31, and shall be available for expenditure in carrying out the purposes for which collected. (Aug. 7, 1946, ch. 802, § 1, 60 Stat. 895.) Editorial Notes CODIFICATION ‘‘Section 1321 of title 31’’ substituted in text for ‘‘sec- tion 20 of the Permanent Appropriation Repeal Act, 1934 (48 Stat. 1227) [31 U.S.C. 725s]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. Section was formerly classified to section 725s–1 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. § 385b. Amounts creditable to fund There shall be credited to each trust-fund ac- count established under section 385a of this title the excess, if any, of (1) the unexpended balance of any repealed special fund appropriation to which operation and maintenance collections were credited prior to July 1, 1935, and (2) the amount of receipts covered into the Treasury pursuant to section 4 of the Permanent Appro- priation Repeal Act, 1934 (48 Stat. 1227), over ex- penditures from appropriations provided for the operation and maintenance of the irrigation project from which such unexpended balance or receipts were derived, and the amount so cred- ited shall be subject to expenditure as prescribed in section 385a of this title. (Aug. 7, 1946, ch. 802, § 2, 60 Stat. 895.) 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–2 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. § 385c. Appropriation and disposition of power revenues Revenues collected after August 7, 1946, from power operations on each Indian irrigation project and deposited into the Treasury for cred- it to miscellaneous receipts pursuant to section 4 of the Permanent Appropriation Repeal Act, 1934 (48 Stat. 1227), or pursuant to other provi- sions of law, are authorized to be appropriated annually, in specific or in indefinite amounts, equal to the collections so credited, for the fol- lowing purposes in connection with the respec- tive projects from which such revenues are de- rived: (1) Payment of the expenses of operating and maintaining the power system; (2) creation and maintenance of reserve funds to be available for making repairs and replacements to, defray- ing emergency expenses for, and insuring con- tinuous operation of the power system, the fund for each project to be maintained at such level, within limits set by the Director of the Office of Management and Budget, as may from time to time be prescribed by the Secretary of the Inte- rior; (3) amortization, in accordance with the re- payment provisions of the applicable statutes or contracts, of construction costs allocated to be returned from power revenues; and (4) payment of other expenses and obligations chargeable to power revenues to the extent required or per- mitted by law. (Aug. 7, 1946, ch. 802, § 3, 60 Stat. 895; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.)