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25 U.S.C. § 386aAdjustment of reimbursable debts; construction charges

submitted 94 years ago by ch. 369 to r/title-25-INDIANS · 264 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can adjust or cancel debts Indians and tribes owe the government for irrigation construction, and must defer charges on Indian-owned land within government irrigation projects until Indian title to that land ends. Big adjustments need congressional approval.

The Secretary of the Interior is authorized and directed to adjust or cancel reimbursable debts that individual Indians or Indian tribes owe the United States, in whatever way is fair given the circumstances that created the debt. Collection of construction costs against Indian-owned land within any government irrigation project is put off — no charges can be assessed against that land until the Indians' title to it ends — and any construction charges already assessed under section 386 that haven't been collected are canceled. The Secretary must report these adjustments and cancellations to Congress within 60 days after the end of the fiscal year they happened in. These changes don't take effect until Congress approves them, unless Congress fails to act — by concurrent resolution — within 90 days after the report is filed, in which case they take effect automatically once those 90 days pass. The Secretary must also adjust or cancel charges, defer construction costs, and skip assessments the same way for people who lease Hawaiian home lands, just as this section allows for individual Indians or tribes.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1932Enacted · Act of July 1, 1932, ch. 369 · 47 Stat. 564
  • 1982Amended · Pub. L. 97-375 · 96 Stat. 1824
  • 1995Amended · Pub. L. 104-42 · 109 Stat. 364

A history note hasn’t been published yet. The record shows enactment by ch. 369 on 1932-07-01.

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