§385 — Title 25 Indians | U.S. Code

Summary

The Secretary of the Interior can set upkeep fees for lands that get water from an irrigation system or reclamation project. Those fees must be used to keep that project or system in good repair. Money spent this way must be repaid if the Indians have enough funds, and repayment follows rules the Secretary makes. If an irrigation project is built for Indians and the cost is to be repaid from tribal funds, the Secretary must divide that cost among individual Indians based on how much each one benefits, as much as practical, and under rules the Secretary sets.

Title 25, §385

Indians — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section is based on section 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. 97–293 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.

§385 Maintenance Charges; Reimbursement of Construction Costs; Apportionment of Cost