25 U.S.C. § 386a

Adjustment of reimbursable debts; construction charges

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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.

Notes of Decisions

Cited in 7 cases, 1958–2003 · leading case: Navajo Tribe of Indians v. The United States, 364 F.2d 320 (Ct. Cl. 1966).

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Navajo Tribe of Indians v. The United States, 364 F.2d 320 (Ct. Cl. 1966). “…825 , 84 S.Ct. 66 , 11 L.Ed.2d 57 (1963). Regarding reimbursable debts, see the Act of July 1, 1932, 47 Stat. 564 , 25 U.S.C. § 386a (1964).”

Navajo Nation v. United States, 347 F.3d 1327 (Fed. Cir. 2003). “347 , 25 U.S.C. § 386a et seq., and the role it assigns to the Secretary of the Interior (Secretary) with respect to coal leases executed by an Indian Tribe and a private lessee.”

Scholder v. United States, 428 F.2d 1123 (9th Cir. 1970). · cites it 3× “2 ) The imposition of construction charges affects an Indian’s “interests and rights” to his allotment, and he can challenge the validity of charges under section 345.”

California ex rel. Dep't of Pub. Works v. 25.09 Acres of Lands, 329 F. Supp. 230 (S.D. Cal. 1971). “564 , 25 U.S.C. § 386a), commonly known as the Leavitt Act.”

Scholder v. United States, 298 F. Supp. 1282 (S.D. Cal. 1969). “But in this connection, it should be considered that under 25 U.S.C. § 386a no such charges will be collected directly against Indian holders of allotments.”

Blackfeet Tribe of Blackfeet Indian Reservation v. Klies Livestock Co., 160 F. Supp. 131 (D. Mont. 1958). “564 -565, 25 U.S. C.A. § 386a). Patents covering the remaining lands issued to J.”

Navajo Tribe of Indians v. The United States, 368 F.2d 279 (Ct. Cl. 1966). “564 , 25 U.S.C. § 386a (1964). 6 . Chapter 140, § 1, 36 Stat.”

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