25 U.S.C. § 3902 (2024) — Title 25: INDIANS / Chapter 41: INDIAN LANDS OPEN DUMP CLEANUP / Section 3902: Definitions
Definitions
Status: in_force

For the purposes of this chapter, the following definitions shall apply:

(1) Closure or close

The term "closure or close" means the termination of operations at open dumps on Indian land or Alaska Native land and bringing such dumps into compliance with applicable Federal standards and regulations, or standards promulgated by an Indian tribal government or Alaska Native entity, if such standards are more stringent than the Federal standards and regulations.

(2) Director

The term "Director" means the Director of the Indian Health Service.

(3) Indian land

The term "Indian land" means—

(A) land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation;

(B) dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and

(C) Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.

(4) Alaska Native land

The term "Alaska Native land" means (A) land conveyed or to be conveyed pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], including any land reconveyed under section 14(c)(3) of that Act (43 U.S.C. 1613(c)(3)), and (B) land conveyed pursuant to the Act of November 2, 1966 (16 U.S.C. 1151 et seq.; commonly known as the "Fur Seal Act of 1966").

(5) Indian tribal government

The term "Indian tribal government" means the governing body of any Indian tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(6) Alaska Native entity

The term "Alaska Native entity" includes native corporations established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] and any Alaska Native village or municipal entity which owns Alaska Native land.

(7) Open dump

The term "open dump" means any facility or site where solid waste is disposed of which is not a sanitary landfill which meets the criteria promulgated under section 4004 of the Solid Waste Disposal Act (42 U.S.C. 6944) and which is not a facility for disposal of hazardous waste.

(8) Postclosure maintenance

The term "postclosure maintenance" means any activity undertaken at a closed solid waste management facility on Indian land or on Alaska Native land to maintain the integrity of containment features, monitor compliance with applicable performance standards, or remedy any situation or occurrence that violates regulations promulgated pursuant to subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.).

(9) Service

The term "Service" means the Indian Health Service.

(10) Solid waste

The term "solid waste" has the meaning provided that term by section 1004(27) of the Solid Waste Disposal Act (42 U.S.C. 6903) and any regulations promulgated thereunder.

(Pub. L. 103–399, §3, Oct. 22, 1994, 108 Stat. 4164; Pub. L. 104–109, §5, Feb. 12, 1996, 110 Stat. 764.)

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in pars. (4) and (6), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

The Fur Seal Act of 1966, referred to in par. (4), is Pub. L. 89–702, Nov. 2, 1966, 80 Stat. 1091, which is classified principally to chapter 24 (§1151 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1151 of Title 16 and Tables.

The Solid Waste Disposal Act, referred to in par. (8), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795. Subtitle D of the Act is classified generally to subchapter IV (§6941 et seq.) of chapter 82 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.

Amendments

1996—Par. (7). Pub. L. 104–109 substituted "section 4004 of the Solid Waste Disposal Act (42 U.S.C. 6944)" for "section 6944 of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)".
25 U.S.C. § 5204 (2024) — Title 25: INDIANS / Chapter 45A: OKLAHOMA INDIAN WELFARE / Section 5204: Cooperative associations; charter; purposes; voting rights
Cooperative associations; charter; purposes; voting rights
Status: in_force

Any ten or more Indians, as determined by the official tribal rolls, or Indian descendants of such enrolled members, or Indians as defined in the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.], who reside within the State of Oklahoma in convenient proximity to each other may receive from the Secretary of the Interior a charter as a local cooperative association for any one or more of the following purposes: Credit administration, production, marketing, consumers' protection, or land management. The provisions of this chapter, the regulations of the Secretary of the Interior, and the charters of the cooperative associations issued pursuant thereto shall govern such cooperative associations: Provided, That in those matters not covered by this chapter, regulations, or charters, the laws of the State of Oklahoma, if applicable, shall govern. In any stock or nonstock cooperative association no one member shall have more than one vote, and membership therein shall be open to all Indians residing within the prescribed district.

(June 26, 1936, ch. 831, §4, 49 Stat. 1967.)

Editorial Notes

References in Text

Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to chapter 45 (§5101 et seq.) of this title. Provisions of the Act defining "Indian" appear in section 5129 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables.

Codification

Section was formerly classified to section 504 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 416d (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 416d: Advance payment of rent or other consideration
Advance payment of rent or other consideration
Status: in_force

No rent or other consideration for the use of land leased under sections 416 to 416j of this title shall be paid or collected more than one year in advance, unless so provided in the lease.

(Pub. L. 89–715, §5, Nov. 2, 1966, 80 Stat. 1113.)
25 U.S.C. § 1125 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LIV: MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1125: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–309, §4, June 2, 1972, 86 Stat. 200, which related to application for addition of a name to the roll pursuant to former section 1124 of this title, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4041 (2024) — Title 25: INDIANS / Chapter 42: AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM / Subchapter III: SPECIAL TRUSTEE FOR AMERICAN INDIANS / Section 4041: Purposes
Purposes
Status: in_force

The purposes of this subchapter are—

(1) to provide for more effective management of, and accountability for the proper discharge of, the Secretary's trust responsibilities to Indian tribes and individual Indians by establishing in the Department of the Interior an Office of Special Trustee for American Indians to oversee and coordinate reforms within the Department of practices relating to the management and discharge of such responsibilities;

(2) to ensure that reform of such practices in the Department is carried out in a unified manner and that reforms of the policies, practices, procedures and systems of the Bureau, Minerals Management Service, and Bureau of Land Management, which carry out such trust responsibilities, are effective, consistent, and integrated; and

(3) to ensure the implementation of all reforms necessary for the proper discharge of the Secretary's trust responsibilities to Indian tribes and individual Indians.

(Pub. L. 103–412, title III, §301, Oct. 25, 1994, 108 Stat. 4244.)

Executive Documents

Transfer of Functions

The Minerals Management Service was abolished and functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010, and No. 3302 of June 18, 2010, and chapters II, V, and XII of title 30, Code of Federal Regulations, as revised by final rules of the Department of the Interior at 75 F.R. 61051 and 76 F.R. 64432.
25 U.S.C. § 1545 (2024) — Title 25: INDIANS / Chapter 17: FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS / Subchapter V: MISCELLANEOUS PROVISIONS / Section 1545: Livestock loans; cash settlements
Livestock loans; cash settlements
Status: in_force

All acceptances of cash settlements by the Commissioner of Indian Affairs for livestock lent by the United States to any individual Indian, or to any tribe, association, corporation, or other group of Indians, and all sales and relending of livestock repaid in kind to the United States on account of such loans are authorized and ratified: Provided, That on and after May 24, 1950, the value of such livestock for the purposes of any such cash settlement shall be based on prevailing market prices in the area and shall be ascertained by a committee composed of three members, one of whom shall be selected by the superintendent of the particular agency, one of whom shall be selected by the chairman of the tribal council, and one of whom shall be selected by the other two members.

(May 24, 1950, ch. 197, §1, 64 Stat. 190.)

Editorial Notes

Codification

Section was enacted as part of act May 24, 1950, ch. 197, and not as part of the Indian Financing Act of 1974 which comprises this chapter.

Section was formerly classified to section 442 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5136 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5136: Loans to purchasers of highly fractioned land
Loans to purchasers of highly fractioned land
Status: in_force

(a) In general

The Secretary of Agriculture is authorized to make direct loans in a manner consistent with direct loans pursuant to subtitle D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981 et seq.), to any Indian tribe recognized by the Secretary of the Interior or tribal corporation established pursuant to the Indian Reorganization Act (25 U.S.C. 477),1 which does not have adequate uncommitted funds, to acquire lands or interests therein within the tribe's reservation as determined by the Secretary of the Interior, or within a community in Alaska incorporated by the Secretary pursuant to the Indian Reorganization Act [25 U.S.C. 5101 et seq.], for use of the tribe or the corporation or the members of either. Such loans shall be limited to such Indian tribes or tribal corporations as have reasonable prospects of success in their proposed operations and as are unable to obtain sufficient credit elsewhere at reasonable rates and terms to finance the purposes authorized in sections 5136 to 5143 of this title.

(b) Highly fractionated land

(1) In general

Subject to paragraph (2), the Secretary of Agriculture may make and insure loans in accordance with section 1929 of title 7 to eligible purchasers of highly fractionated land or to intermediaries in order to establish revolving loan funds for the purchase of highly fractionated land under that section.

(2) Exclusion

Section 5140 of this title shall not apply to trust land, restricted tribal land, or tribal corporation land that is mortgaged in accordance with paragraph (1).

(Pub. L. 91–229, §1, Apr. 11, 1970, 84 Stat. 120; Pub. L. 110–234, title V, §5501, May 22, 2008, 122 Stat. 1161; Pub. L. 110–246, §4(a), title V, §5501, June 18, 2008, 122 Stat. 1664, 1922; Pub. L. 113–79, title V, §5402, Feb. 7, 2014, 128 Stat. 840.)

Editorial Notes

References in Text

The Consolidated Farm and Rural Development Act, referred to in subsec. (a), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307. Subtitle D of the Act is classified principally to subchapter IV (§1981 et seq.) of chapter 50 of Title 7, Agriculture. For complete classification of the Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables.

Tribal corporation established by the Indian Reorganization Act (25 U.S.C. 477), referred to in subsec. (a), means a tribal corporation established under section 17 of act June 18, 1934, ch. 576, 48 Stat. 988, which was classified to section 477 of this title prior to editiorial reclassification as section 5124 of this title.

The Indian Reorganization Act, referred to in subsec. (a), is act June 18, 1934, ch. 576, 48 Stat. 984, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Section was formerly classified to section 488 of this title prior to editorial reclassification and renumbering as this section.

Amendments

2014—Subsec. (a). Pub. L. 113–79, §5402(1), in first sentence, substituted "direct loans in a manner consistent with direct loans pursuant to subtitle D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981 et seq.)" for "loans from the Farmers Home Administration Direct Loan Account created by section 1988(c) of title 7, and to make and insure loans as provided in sections 1928 and 1929 of title 7".

Subsec. (b)(1). Pub. L. 113–79, §5402(2), substituted "or to intermediaries in order to establish revolving loan funds for the purchase of highly fractionated land under that section" for "pursuant to section 2204(c) of this title".

2008—Pub. L. 110–246, §5501, inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

1 See References in Text note below.
25 U.S.C. § 408 (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 408: Surrender of allotments by relinquishment for benefit of children
Surrender of allotments by relinquishment for benefit of children
Status: in_force

In any case where an Indian has an allotment of land, or any right, title, or interest in such an allotment, the Secretary of the Interior, in his discretion, may permit such Indian to surrender such allotment, or any right, title, or interest therein, by such formal relinquishment as may be prescribed by the Secretary of the Interior, for the benefit of any of his or her children to whom no allotment of land shall have been made; and thereupon the Secretary of the Interior shall cause the estate so relinquished to be allotted to such child or children subject to all conditions which attached to it before such relinquishment.

(June 25, 1910, ch. 431, §3, 36 Stat. 856.)
25 U.S.C. § 227 (2024) — Title 25: INDIANS / Chapter 6: GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS / Subchapter I: GENERALLY / Section 227: Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862
Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862
Status: repealed

Section 227, R.S. §2154, related to reparation for injuries to Indian property. See section 1160 of Title 18, Crimes and Criminal Procedure.

Section 228, R.S. §2155, related to payment of reparation where offender is unable to. See section 1160 of Title 18.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Sept. 1, 1948, see act June 25, 1948, ch. 645, §20, 62 Stat. 862.
25 U.S.C. § 53 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 53: Disbursing officers; acting clerks
Disbursing officers; acting clerks
Status: in_force

Any disbursing agent of the Indian Service, with the approval of the Commissioner of Indian Affairs, may authorize a clerk employed in his office to act in his place and discharge all the duties devolved upon him by law or regulations during such time as he may be unable to perform the duties of his position because of absence, physical disability, or other disqualifying circumstances: Provided, That such clerk, while acting for his principal, shall be subject to all the liabilities and penalties prescribed by law for official misconduct of disbursing agents.

(Feb. 14, 1920, ch. 75, §1, 41 Stat. 414; Pub. L. 92–310, title II, §229(f), June 6, 1972, 86 Stat. 209.)

Editorial Notes

Amendments

1972—Pub. L. 92–310 struck out provisions which related to official bond of disbursing agent.

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Disbursement functions of all Government agencies, except Departments of the Army, Navy, and Air Force and the Panama Canal, transferred to Division of Disbursements, Department of the Treasury, by Ex. Ord. No. 6166, §4, June 10, 1933, and Ex. Ord. No. 6728, May 29, 1934. Division subsequently consolidated with other agencies into Fiscal Service in Department of the Treasury by Reorg. Plan No. III of 1940, §1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231. See section 306 of Title 31, Money and Finance.
25 U.S.C. § 1776h (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter X: CROW LAND CLAIMS SETTLEMENT / Section 1776h: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–444, §10, Nov. 2, 1994, 108 Stat. 4641; Pub. L. 104–109, §9(c), Feb. 12, 1996, 110 Stat. 765, which related to distribution to each tribe from the escrow fund, establishment of a Suspension Account for each tribe, and withdrawals from and termination of the Suspension Accounts, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1225 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXIV: CONFEDERATED TRIBES OF WEAS, PIANKASHAWS, PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND / Section 1225: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–364, §5, July 31, 1970, 84 Stat. 689, which exempted funds distributed under the provisions of this subchapter from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5367 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter IV: TRIBAL SELF-GOVERNANCE-DEPARTMENT OF THE INTERIOR / Section 5367: Construction programs and projects
Construction programs and projects
Status: in_force

(a) In general

Indian Tribes participating in Tribal self-governance may carry out any construction project included in a compact or funding agreement under this subchapter.

(b) Tribal option to carry out certain Federal environmental activities

In carrying out a construction project under this subchapter, an Indian Tribe may, subject to the agreement of the Secretary, elect to assume some Federal responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), division A of subtitle III of title 54, and related provisions of other law and regulations that would apply if the Secretary were to undertake a construction project, by adopting a resolution—

(1) designating a certifying Tribal officer to represent the Indian Tribe and to assume the status of a responsible Federal official under those Acts, laws, or regulations; and

(2) accepting the jurisdiction of the United States courts for the purpose of enforcing the responsibilities of the certifying Tribal officer assuming the status of a responsible Federal official under those Acts, laws, or regulations.

(c) Savings clause

Notwithstanding subsection (b), nothing in this section authorizes the Secretary to include in any compact or funding agreement duties of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), division A of subtitle III of title 54, and other related provisions of law that are inherent Federal functions.

(d) Codes and standards

In carrying out a construction project under this subchapter, an Indian Tribe shall—

(1) adhere to applicable Federal, State, local, and Tribal building codes, architectural and engineering standards, and applicable Federal guidelines regarding design, space, and operational standards, appropriate for the particular project; and

(2) use only architects and engineers who—

(A) are licensed to practice in the State in which the facility will be built; and

(B) certify that—

(i) they are qualified to perform the work required by the specific construction involved; and

(ii) upon completion of design, the plans and specifications meet or exceed the applicable construction and safety codes.

(e) Tribal accountability

(1) In general

In carrying out a construction project under this subchapter, an Indian Tribe shall assume responsibility for the successful completion of the construction project and of a facility that is usable for the purpose for which the Indian Tribe received funding.

(2) Requirements

For each construction project carried out by an Indian Tribe under this subchapter, the Indian Tribe and the Secretary shall negotiate a provision to be included in the funding agreement that identifies—

(A) the approximate start and completion dates for the project, which may extend over a period of one or more years;

(B) a general description of the project, including the scope of work, references to design criteria, and other terms and conditions;

(C) the responsibilities of the Indian Tribe and the Secretary for the project;

(D) how project-related environmental considerations will be addressed;

(E) the amount of funds provided for the project;

(F) the obligations of the Indian Tribe to comply with the codes referenced in subsection (d)(1) and applicable Federal laws and regulations;

(G) the agreement of the parties over who will bear any additional costs necessary to meet changes in scope, or errors or omissions in design and construction; and

(H) the agreement of the Secretary to issue a certificate of occupancy, if requested by the Indian Tribe, based upon the review and verification by the Secretary, to the satisfaction of the Secretary, that the Indian Tribe has secured upon completion the review and approval of the plans and specifications, sufficiency of design, life safety, and code compliance by qualified, licensed, and independent architects and engineers.

(f) Funding

(1) In general

Funding appropriated for construction projects carried out under this subchapter shall be included in funding agreements as annual or semiannual advance payments at the option of the Indian Tribe.

(2) Advance payments

The Secretary shall include all associated project contingency funds with each advance payment, and the Indian Tribe shall be responsible for the management of such contingency funds.

(g) Negotiations

At the option of the Indian Tribe, construction project funding proposals shall be negotiated pursuant to the statutory process in section 5324 of this title, and any resulting construction project agreement shall be incorporated into the funding agreement as addenda.

(h) Federal review and verification

(1) In general

On a schedule negotiated by the Secretary and the Indian Tribe—

(A) the Secretary shall review and verify, to the satisfaction of the Secretary, that project planning and design documents prepared by the Indian Tribe in advance of initial construction are in conformity with the obligations of the Indian Tribe under subsection (d); and

(B) before the project planning and design documents are implemented, the Secretary shall review and verify to the satisfaction of the Secretary that subsequent document amendments which result in a significant change in construction are in conformity with the obligations of the Indian Tribe under subsection (d).

(2) Reports

The Indian Tribe shall provide the Secretary with project progress and financial reports not less than semiannually.

(3) Oversight visits

The Secretary may conduct onsite project oversight visits semiannually or on an alternate schedule agreed to by the Secretary and the Indian Tribe.

(i) Application of other laws

Unless otherwise agreed to by the Indian Tribe and except as otherwise provided in this chapter, no provision of title 41, the Federal Acquisition Regulation, or any other law or regulation pertaining to Federal procurement (including Executive orders) shall apply to any construction program or project carried out under this subchapter.

(j) Future funding

Upon completion of a facility constructed under this subchapter, the Secretary shall include the facility among those eligible for annual operation and maintenance funding support comparable to that provided for similar facilities funded by the Department as annual appropriations are available and to the extent that the facility size and complexity and other factors do not exceed the funding formula criteria for comparable buildings.

(Pub. L. 93–638, title IV, §407, as added Pub. L. 116–180, title I, §101(e), Oct. 21, 2020, 134 Stat. 870.)

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsecs. (b) and (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

This chapter, referred to in subsec. (i), was in the original "this Act", meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

Prior Provisions

A prior section 5367, Pub. L. 93–638, title IV, §407, as added Pub. L. 103–413, title II, §204, Oct. 25, 1994, 108 Stat. 4277, related to regulations to carry out this subchapter, prior to repeal by Pub. L. 116–180, title I, §101(e), Oct. 21, 2020, 134 Stat. 864. See section 5373 of this title. Such section was formerly classified to section 458gg of this title prior to editorial reclassification and renumbering as section 5367.
25 U.S.C. § 352 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 352: Cancellation of trust patents within power or reservoir sites
Cancellation of trust patents within power or reservoir sites
Status: in_force

The Secretary of the Interior, after notice and hearing, is authorized to cancel trust patents issued to Indian allottees for allotments within any power or reservoir site and for allotments or such portions of allotments as are located upon or include lands set aside, reserved, or required within any Indian reservation for irrigation purposes under authority of Congress: Provided, That any Indian allottee whose allotment shall be so canceled shall be reimbursed for all improvements on his canceled allotment, out of any moneys available for the construction of the irrigation project for which the said power or reservoir site may be set aside: Provided further, That any Indian allottee whose allotment, or part thereof, is so canceled shall be allotted land of equal value within the area subject to irrigation by any such project.

(June 25, 1910, ch. 431, §14, 36 Stat. 859.)
25 U.S.C. § 755 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 755: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §15, 68 Stat. 1103, which related to execution of patents, deeds, and other instruments by the Secretary of the Interior, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2707 (2024) — Title 25: INDIANS / Chapter 29: INDIAN GAMING REGULATION / Section 2707: Commission staffing
Commission staffing
Status: in_force

(a) General Counsel

The Chairman shall appoint a General Counsel to the Commission who shall be paid at the annual rate of basic pay payable for GS–18 of the General Schedule under section 5332 of title 5.

(b) Staff

The Chairman shall appoint and supervise other staff of the Commission without regard to the provisions of title 5 governing appointments in the competitive service. Such staff shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS–17 of the General Schedule under section 5332 of that title.

(c) Temporary services

The Chairman may procure temporary and intermittent services under section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS–18 of the General Schedule.

(d) Federal agency personnel

Upon the request of the Chairman, the head of any Federal agency is authorized to detail any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this chapter, unless otherwise prohibited by law.

(e) Administrative support services

The Secretary or Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.

(Pub. L. 100–497, §8, Oct. 17, 1988, 102 Stat. 2471.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (d), was in the original "this Act", meaning Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, known as the Indian Gaming Regulatory Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

Statutory Notes and Related Subsidiaries

References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
25 U.S.C. § 566b (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIV: KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 566b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 99–398, §4, Aug. 27, 1986, 100 Stat. 850, which related to conservation and development of lands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1271 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXIX: JICARILLA APACHE TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 1271: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–295, §1, May 16, 1972, 86 Stat. 139, which authorized the tribal governing body to use the judgment funds, after payment of attorney fees and other litigation expenses, for any purpose approved by the Secretary of the Interior, was omitted from the Code as being of special and not general application.
25 U.S.C. § 184 (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 184: Rights of children born of marriages between white men and Indian women
Rights of children born of marriages between white men and Indian women
Status: in_force

All children born of a marriage solemnized prior to June 7, 1897, between a white man and an Indian woman by blood and not by adoption, where said Indian woman was on that date, or was at the time of her death, recognized by the tribe, shall have the same rights and privileges to the property of the tribe to which the mother belongs, or belonged at the time of her death, by blood, as any other member of the tribe, and no prior Act of Congress shall be construed as to debar such child of such right.

(June 7, 1897, ch. 3, 30 Stat. 90.)
25 U.S.C. § 2810 (2024) — Title 25: INDIANS / Chapter 30: INDIAN LAW ENFORCEMENT REFORM / Section 2810: Assistant United States Attorney tribal liaisons
Assistant United States Attorney tribal liaisons
Status: in_force

(a) Appointment

The United States Attorney for each district that includes Indian country shall appoint not less than 1 assistant United States Attorney to serve as a tribal liaison for the district.

(b) Duties

The duties of a tribal liaison shall include the following:

(1) Coordinating the prosecution of Federal crimes that occur in Indian country.

(2) Developing multidisciplinary teams to combat child abuse and domestic and sexual violence offenses against Indians.

(3) Consulting and coordinating with tribal justice officials and victims' advocates to address any backlog in the prosecution of major crimes in Indian country in the district.

(4) Developing working relationships and maintaining communication with tribal leaders, tribal community and victims' advocates, and tribal justice officials to gather information from, and share appropriate information with, tribal justice officials.

(5) Coordinating with tribal prosecutors in cases in which a tribal government has concurrent jurisdiction over an alleged crime, in advance of the expiration of any applicable statute of limitation.

(6) Providing technical assistance and training regarding evidence gathering techniques and strategies to address victim and witness protection to tribal justice officials and other individuals and entities that are instrumental to responding to Indian country crimes.

(7) Conducting training sessions and seminars to certify special law enforcement commissions to tribal justice officials and other individuals and entities responsible for responding to Indian country crimes.

(8) Coordinating with the Office of Tribal Justice, as necessary.

(9) Conducting such other activities to address and prevent violent crime in Indian country as the applicable United States Attorney determines to be appropriate.

(c) Effect of section

Nothing in this section limits the authority of any United States Attorney to determine the duties of a tribal liaison officer to meet the needs of the Indian tribes located within the relevant Federal district.

(d) Enhanced prosecution of minor crimes

(1) In general

Each United States Attorney serving a district that includes Indian country is authorized and encouraged—

(A) to appoint Special Assistant United States Attorneys pursuant to section 543(a) of title 28 to prosecute crimes in Indian country as necessary to improve the administration of justice, and particularly when—

(i) the crime rate exceeds the national average crime rate; or

(ii) the rate at which criminal offenses are declined to be prosecuted exceeds the national average declination rate;

(B) to coordinate with applicable United States district courts regarding scheduling of Indian country matters and holding trials or other proceedings in Indian country, as appropriate;

(C) to provide to appointed Special Assistant United States Attorneys appropriate training, supervision, and staff support; and

(D) to provide technical and other assistance to tribal governments and tribal court systems to ensure that the goals of this subsection are achieved.

(2) Sense of Congress regarding consultation

It is the sense of Congress that, in appointing Special Assistant United States Attorneys under this subsection, a United States Attorney should consult with tribal justice officials of each Indian tribe that would be affected by the appointment.

(Pub. L. 101–379, §13, as added Pub. L. 111–211, title II, §213(b)(1), July 29, 2010, 124 Stat. 2268.)
25 U.S.C. § 386a (2024) — Title 25: INDIANS / Chapter 11: IRRIGATION OF ALLOTTED LANDS / Section 386a: Adjustment of reimbursable debts; construction charges
Adjustment of reimbursable debts; construction charges
Status: in_force

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.

(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 individual 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 eliminations 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 calendar days" for "sixty legislative days" wherever appearing.
25 U.S.C. § 1663 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter V: ORGANIZATIONAL IMPROVEMENTS / Section 1663: Office of Direct Service Tribes
Office of Direct Service Tribes
Status: in_force

(a) Establishment

There is established within the Service an office, to be known as the "Office of Direct Service Tribes".

(b) Treatment

The Office of Direct Service Tribes shall be located in the Office of the Director.

(c) Duties

The Office of Direct Service Tribes shall be responsible for—

(1) providing Service-wide leadership, guidance and support for direct service tribes to include strategic planning and program evaluation;

(2) ensuring maximum flexibility to tribal health and related support systems for Indian beneficiaries;

(3) serving as the focal point for consultation and participation between direct service tribes and organizations and the Service in the development of Service policy;

(4) holding no less than biannual consultations with direct service tribes in appropriate locations to gather information and aid in the development of health policy; and

(5) directing a national program and providing leadership and advocacy in the development of health policy, program management, budget formulation, resource allocation, and delegation support for direct service tribes.

(Pub. L. 94–437, title VI, §603, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 603 of Pub. L. 94–437 is based on section 172 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

Prior Provisions

A prior section 1663, Pub. L. 94–437, title VI, §603, as added Pub. L. 102–573, title VI, §603, Oct. 29, 1992, 106 Stat. 4571, authorized appropriations through fiscal year 2000 to carry out this subchapter, prior to repeal by Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935. The repeal is based on section 101(b)(10) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.
25 U.S.C. § 139 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 139: Appropriations for subsistence
Appropriations for subsistence
Status: in_force

The Secretary of the Interior, under the direction of the President, may use any surplus that may remain in any of the appropriations for the purchase of subsistence for the several Indian tribes, to an amount not exceeding $25,000 in the aggregate, to supply any subsistence deficiency that may occur: Provided, That any diversions which shall be made under authority of this section shall be reported in detail, and the reason therefor, to Congress, at the session of Congress next succeeding such diversion.

(Mar. 1, 1907, ch. 2285, 34 Stat. 1016.)

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
25 U.S.C. § 713f (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 713f: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–165, §8, Nov. 22, 1983, 97 Stat. 1068, which related to the establishment of a tribal reservation, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Confederated Tribes of the Grand Ronde Community of Oregon Reservation

Pub. L. 100–425, Sept. 9, 1988, 102 Stat. 1594, as amended by Pub. L. 100–581, title II, §202, Nov. 1, 1988, 102 Stat. 2939; Pub. L. 101–301, §4, May 24, 1990, 104 Stat. 207; Pub. L. 102–497, §1, Oct. 24, 1992, 106 Stat. 3255; Pub. L. 103–263, §5(a), May 31, 1994, 108 Stat. 708; Pub. L. 103–435, §2, Nov. 2, 1994, 108 Stat. 4566; Pub. L. 105–256, §2, Oct. 14, 1998, 112 Stat. 1896; Pub. L. 114–263, §1, Dec. 14, 2016, 130 Stat. 1366; Pub. L. 118–32, §2, Dec. 26, 2023, 137 Stat. 1109, established a reservation for Confederated Tribes of the Grand Ronde Community of Oregon, prohibiting use of certain real property for gaming, specifying hunting, fishing, and trapping rights, and vesting civil and criminal jurisdiction in State of Oregon, directed treatment of certain lands as revested Oregon and California railroad grant lands, and provided economic development for the Tribes.

[Pub. L. 118–32, §3, Dec. 26, 2023, 137 Stat. 1109, provided that: "Nothing in this Act [enacting provisions set out as a note under section 713 of this title and amending Pub. L. 100–425 above], or an amendment made by this Act, shall be construed to enlarge, confirm, adjudicate, affect, or modify any treaty right of an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304))."]
25 U.S.C. § 302 (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 302: Repealed. Pub. L. 117-317, §2(11), Dec. 27, 2022, 136 Stat. 4420
Repealed. Pub. L. 117-317, §2(11), Dec. 27, 2022, 136 Stat. 4420
Status: repealed

Section, act June 21, 1906, ch. 3504, 34 Stat. 328, related to designation of Indian Reform Schools, appropriations, and parental consent.
25 U.S.C. § 102 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter I: PURCHASE OF SUPPLIES / Section 102: Payment of costs for furnishing coal for Indian Service
Payment of costs for furnishing coal for Indian Service
Status: in_force

The cost of inspection, storage, transportation, and so forth, of coal for the Indian Service shall be paid from the support fund of the school or agency for which the coal is purchased.

(Feb. 14, 1920, ch. 75, §1, 41 Stat. 412.)

Statutory Notes and Related Subsidiaries

Transfer of Functions

Functions of Archivist transferred to Administrator of General Services by section 104(a) of act June 30, 1949, ch. 288, title I, 63 Stat. 381. See text of, and Historical and Revision Notes under, section 2102 of Title 44, Public Printing and Documents. Transfer of functions effective July 1, 1949, see section 605, formerly §505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583.

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
25 U.S.C. § 347 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 347: Limitations of actions for lands patented in severalty under treaties
Limitations of actions for lands patented in severalty under treaties
Status: in_force

In all actions brought in any State court or United States court by any patentee, his heirs, grantees, or any person claiming under such patentee, for the possession or rents or profits of lands patented in severalty to the members of any tribe of Indians under any treaty between it and the United States of America, where a deed has been approved by the Secretary of the Interior to the land sought to be recovered, the statutes of limitations of the States in which said land is situate shall be held to apply, and it shall be a complete defense to such action that the same has not been brought within the time prescribed by the statutes of said State the same as if such action had been brought for the recovery of land patented to others than members of any tribe of Indians.

(May 31, 1902, ch. 946, §1, 32 Stat. 284.)
25 U.S.C. § 1311 (2024) — Title 25: INDIANS / Chapter 15: CONSTITUTIONAL RIGHTS OF INDIANS / Subchapter II: MODEL CODE GOVERNING COURTS OF INDIAN OFFENSES / Section 1311: Model code
Model code
Status: in_force

The Secretary of the Interior is authorized and directed to recommend to the Congress, on or before July 1, 1968, a model code to govern the administration of justice by courts of Indian offenses on Indian reservations. Such code shall include provisions which will (1) assure that any individual being tried for an offense by a court of Indian offenses shall have the same rights, privileges, and immunities under the United States Constitution as would be guaranteed any citizen of the United States being tried in a Federal court for any similar offense, (2) assure that any individual being tried for an offense by a court of Indian offenses will be advised and made aware of his rights under the United States Constitution, and under any tribal constitution applicable to such individual, (3) establish proper qualifications for the office of judge of the court of Indian offenses, and (4) provide for the establishing of educational classes for the training of judges of courts of Indian offenses. In carrying out the provisions of this subchapter, the Secretary of the Interior shall consult with the Indians, Indian tribes, and interested agencies of the United States.

(Pub. L. 90–284, title III, §301, Apr. 11, 1968, 82 Stat. 78.)
25 U.S.C. § 502 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter VIII: INDIANS IN OKLAHOMA: PROMOTION OF WELFARE / Section 502: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 502 was editorially reclassified as section 5202 of this title.
25 U.S.C. § 114 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 114: Payment of annuities in coin
Payment of annuities in coin
Status: in_force

The Secretary of the Treasury is authorized to pay in coin such of the annuities as by the terms of any treaty of the United States with any Indian tribe are required to be paid in coin.

(R.S. §2081.)

Editorial Notes

Codification

R.S. §2081 derived from act Mar. 3, 1865, ch. 127, §3, 13 Stat. 561.
25 U.S.C. § 463f (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 463f: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 463f was editorially reclassified as section 5105 of this title.
25 U.S.C. § 443b (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter I: GENERAL PROVISIONS / Section 443b: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 443b was editorially reclassified as a note under section 1457 of Title 43, Public Lands.

Section was formerly classified to section 93 of Title 45, Railroads.
25 U.S.C. § 1778 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XII: TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT / Section 1778: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 106–568, title VI, §602, Dec. 27, 2000, 114 Stat. 2906, which set out congressional findings and purpose, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 106–568, title VI, §601, Dec. 27, 2000, 114 Stat. 2906, provided that title VI of Pub. L. 106–568, enacting this subchapter and provisions formerly set out as a note under this section, could be cited as the "Torres-Martinez Desert Cahuilla Indians Claims Settlement Act".
25 U.S.C. § 337a (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 337a: Repealed. Pub. L. 94-579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787
Repealed. Pub. L. 94-579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787
Status: repealed

Section, act Mar. 1, 1933, ch. 160, §1, 47 Stat. 1418, related to Indian allotments in San Juan County, Utah.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787, provided that this section is repealed effective on and after Oct. 21, 1976, except such effective date to be on and after the tenth anniversary of the date of approval of this Act, Oct. 21, 1976, insofar as the homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, title VII, Oct. 21, 1976, 90 Stat. 2786, set out as a note under section 1701 of Title 43, Public Lands.
25 U.S.C. § 166 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter III: DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS / Section 166: Applicability of chapter 10 of title 5
Applicability of chapter 10 of title 5
Status: in_force

The activities of the Department of the Interior associated with the Department's consultation with Indian tribes and organizations related to the management of funds held in trust by the United States for Indian tribes shall be exempt from chapter 10 of title 5.

(Pub. L. 103–435, §19, Nov. 2, 1994, 108 Stat. 4574; Pub. L. 117–286, §4(a)(180), Dec. 27, 2022, 136 Stat. 4325.)

Editorial Notes

Amendments

2022—Pub. L. 117–286 substituted "chapter 10 of title 5" for "Federal Advisory Committee Act" in section catchline and "chapter 10 of title 5." for "the Federal Advisory Committee Act (5 U.S.C. App.)." in text.
25 U.S.C. § 1483 (2024) — Title 25: INDIANS / Chapter 17: FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS / Subchapter II: LOAN GUARANTY AND INSURANCE / Section 1483: Interest rate
Interest rate
Status: in_force

Loans guaranteed or insured pursuant to this subchapter shall bear interest (exclusive of premium charges for insurance, and service charge, if any) at rates not to exceed such per centum per annum on the principal obligation outstanding as the Secretary determines to be reasonable taking into consideration the range of interest rates prevailing in the private market for similar loans and the risks assumed by the United States.

(Pub. L. 93–262, title II, §203, Apr. 12, 1974, 88 Stat. 79.)
25 U.S.C. § 3051 (2024) — Title 25: INDIANS / Chapter 32A: CULTURAL AND HERITAGE COOPERATION AUTHORITY / Section 3051: Purposes
Purposes
Status: in_force

The purposes of this chapter are—

(1) to authorize the reburial of human remains and cultural items on National Forest System land, including human remains and cultural items repatriated under the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);

(2) to prevent the unauthorized disclosure of information regarding reburial sites, including the quantity and identity of human remains and cultural items on sites and the location of sites;

(3) to authorize the Secretary of Agriculture to ensure access to National Forest System land, to the maximum extent practicable, by Indians and Indian tribes for traditional and cultural purposes;

(4) to authorize the Secretary to provide forest products, without consideration, to Indian tribes for traditional and cultural purposes;

(5) to authorize the Secretary to protect the confidentiality of certain information, including information that is culturally sensitive to Indian tribes;

(6) to increase the availability of Forest Service programs and resources to Indian tribes in support of the policy of the United States to promote tribal sovereignty and self-determination; and

(7) to strengthen support for the policy of the United States of protecting and preserving the traditional, cultural, and ceremonial rites and practices of Indian tribes, in accordance with Public Law 95–341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. 1996).

(Pub. L. 110–234, title VIII, §8101, May 22, 2008, 122 Stat. 1286; Pub. L. 110–246, §4(a), title VIII, §8101, June 18, 2008, 122 Stat. 1664, 2048.)

Editorial Notes

References in Text

The Native American Graves Protection and Repatriation Act, referred to in par. (1), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

The American Indian Religious Freedom Act, referred to in par. (7), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to sections 1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1996 of Title 42 and Tables.

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related Subsidiaries

Effective Date

Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.

Definition of "Secretary"

"Secretary" as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
25 U.S.C. § 2906 (2024) — Title 25: INDIANS / Chapter 31: NATIVE AMERICAN LANGUAGES / Section 2906: Use of English
Use of English
Status: in_force

Nothing in this chapter shall be construed as precluding the use of Federal funds to teach English to Native Americans.

(Pub. L. 101–477, title I, §107, Oct. 30, 1990, 104 Stat. 1156.)
25 U.S.C. § 294 (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 294: Sale of certain abandoned buildings on lands belonging to Indian tribes
Sale of certain abandoned buildings on lands belonging to Indian tribes
Status: in_force

The Secretary of the Interior is authorized to sell and convey at public sale, to the highest bidder, under such regulations and under such terms and conditions as he may prescribe, at not less than the appraised value thereof, any abandoned day or boarding school plant, or any abandoned agency buildings, situated on lands belonging to any Indian tribe and not longer needed for Indian or administrative purposes, and to sell therewith not to exceed one hundred and sixty acres of land on which such plant or buildings may stand. Title to all lands disposed of under the provisions of this section shall pass to the purchaser by deed or by patent in fee, with such reservations or conditions as the said Secretary may deem just and proper, no purchaser to acquire more than one hundred and sixty acres in any one tract: Provided, That the proceeds of all such sales shall be deposited in the Treasury of the United States to the credit of the Indians to whom said lands belong, to be disposed of in accordance with existing law.

(Feb. 14, 1920, ch. 75, §1, 41 Stat. 415.)
25 U.S.C. § 1771 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter V: MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT / Section 1771: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 100–95, §2, Aug. 18, 1987, 101 Stat. 704, which set out congressional findings and declaration of policy, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 100–95, §1, Aug. 18, 1987, 101 Stat. 704, provided that Pub. L. 100–95, enacting this subchapter and provisions formerly set out as a note under this section, could be cited as the "Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987".
25 U.S.C. § 788c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIV: CREEK NATION OF INDIANS / Section 788c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–504, §3, Sept. 21, 1968, 82 Stat. 855, which related to distribution of judgment funds to heirs of deceased enrollees, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1776j (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter X: CROW LAND CLAIMS SETTLEMENT / Section 1776j: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–444, §12, Nov. 2, 1994, 108 Stat. 4642, which provided that terms and conditions of this subchapter and the Settlement Agreement would constitute full and complete satisfaction of certain claims, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5144 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5144: Certification of rental proceeds
Certification of rental proceeds
Status: in_force

Notwithstanding any other provision of law, any actual rental proceeds from the lease of land acquired under section 5136 of this title certified by the Secretary of the Interior shall be deemed—

(1) to constitute the rental value of that land; and

(2) to satisfy the requirement for appraisal of that land.

(Pub. L. 109–221, title II, §203, May 12, 2006, 120 Stat. 341.)

Editorial Notes

Codification

Section was formerly classified to section 494a of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 443c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter I: GENERAL PROVISIONS / Section 443c: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 443c was editorially reclassified as section 1684 of this title.
25 U.S.C. § 423 (2024) — Title 25: INDIANS / Chapter 13: CEDED INDIAN LANDS / Section 423: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 423, act May 22, 1902, ch. 821, §2, 32 Stat. 203, which related to second homestead entry by certain settlers, was transferred to section 187b of Title 43, Public Lands.
25 U.S.C. § 1665b (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter V: ORGANIZATIONAL IMPROVEMENTS / Section 1665b: Memoranda of agreement with the Department of the Interior
Memoranda of agreement with the Department of the Interior
Status: in_force

(a) Contents

Not later than 1 year after March 23, 2010, the Secretary, acting through the Service, and the Secretary of the Interior shall develop and enter into a memoranda 1 of agreement, or review and update any existing memoranda of agreement, as required by section 4205 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2411) under which the Secretaries address the following:

(1) The scope and nature of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians.

(2) The existing Federal, tribal, State, local, and private services, resources, and programs available to provide behavioral health services for Indians.

(3) The unmet need for additional services, resources, and programs necessary to meet the needs identified pursuant to paragraph (1).

(4)(A) The right of Indians, as citizens of the United States and of the States in which they reside, to have access to behavioral health services to which all citizens have access.

(B) The right of Indians to participate in, and receive the benefit of, such services.

(C) The actions necessary to protect the exercise of such right.

(5) The responsibilities of the Bureau of Indian Affairs and the Service, including mental illness identification, prevention, education, referral, and treatment services (including services through multidisciplinary resource teams), at the central, area, and agency and Service unit, Service area, and headquarters levels to address the problems identified in paragraph (1).

(6) A strategy for the comprehensive coordination of the behavioral health services provided by the Bureau of Indian Affairs and the Service to meet the problems identified pursuant to paragraph (1), including—

(A) the coordination of alcohol and substance abuse programs of the Service, the Bureau of Indian Affairs, and Indian tribes and tribal organizations (developed under the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2401 et seq.)) with behavioral health initiatives pursuant to this chapter, particularly with respect to the referral and treatment of dually diagnosed individuals requiring behavioral health and substance abuse treatment; and

(B) ensuring that the Bureau of Indian Affairs and Service programs and services (including multidisciplinary resource teams) addressing child abuse and family violence are coordinated with such non-Federal programs and services.

(7) Directing appropriate officials of the Bureau of Indian Affairs and the Service, particularly at the agency and Service unit levels, to cooperate fully with tribal requests made pursuant to community behavioral health plans adopted under section 1665a(c) of this title and section 4206 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2412).

(8) Providing for an annual review of such agreement by the Secretaries which shall be provided to Congress and Indian tribes and tribal organizations.

(b) Specific provisions required

The memoranda of agreement updated or entered into pursuant to subsection (a) shall include specific provisions pursuant to which the Service shall assume responsibility for—

(1) the determination of the scope of the problem of alcohol and substance abuse among Indians, including the number of Indians within the jurisdiction of the Service who are directly or indirectly affected by alcohol and substance abuse and the financial and human cost;

(2) an assessment of the existing and needed resources necessary for the prevention of alcohol and substance abuse and the treatment of Indians affected by alcohol and substance abuse; and

(3) an estimate of the funding necessary to adequately support a program of prevention of alcohol and substance abuse and treatment of Indians affected by alcohol and substance abuse.

(c) Publication

Each memorandum of agreement entered into or renewed (and amendments or modifications thereto) under subsection (a) shall be published in the Federal Register. At the same time as publication in the Federal Register, the Secretary shall provide a copy of such memoranda, amendment, or modification to each Indian tribe, tribal organization, and urban Indian organization.

(Pub. L. 94–437, title VII, §703, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986, referred to in subsec. (a)(6)(A), is subtitle C of title IV of Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–137, which is classified generally to chapter 26 (§2401 et seq.) of this title. For complete classification of subtitle C to the Code, see Short Title note set out under section 2401 of this title and Tables.

This chapter, referred to in subsec. (a)(6)(A), was in the original "this Act", meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Codification

Section 703 of Pub. L. 94–437 is based on section 181 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

Prior Provisions

A prior section 1665b, Pub. L. 94–437, title VII, §703, as added Pub. L. 102–573, title VII, §702(a), Oct. 29, 1992, 106 Stat. 4573, related to Indian women treatment programs, prior to the general amendment of this subchapter by Pub. L. 111–148. See section 1665f of this title.

1 So in original. Probably should be "memorandum".
25 U.S.C. § 5601 (2024) — Title 25: INDIANS / Chapter 48: INDIAN TRUST ASSET REFORM / Subchapter I: RECOGNITION OF TRUST RESPONSIBILITY / Section 5601: Findings
Findings
Status: in_force

Congress finds that—

(1) there exists a unique relationship between the Government of the United States and the governments of Indian tribes;

(2) there exists a unique Federal responsibility to Indians;

(3) through treaties, statutes, and historical relations with Indian tribes, the United States has undertaken a unique trust responsibility to protect and support Indian tribes and Indians;

(4) the fiduciary responsibilities of the United States to Indians also are founded in part on specific commitments made through written treaties and agreements securing peace, in exchange for which Indians have surrendered claims to vast tracts of land, which provided legal consideration for permanent, ongoing performance of Federal trust duties; and

(5) the foregoing historic Federal-tribal relations and understandings have benefitted the people of the United States as a whole for centuries and have established enduring and enforceable Federal obligations to which the national honor has been committed.

(Pub. L. 114–178, title I, §101, June 22, 2016, 130 Stat. 432.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 114–178, §1(a), June 22, 2016, 130 Stat. 432, provided that: "This Act [enacting this chapter] may be cited as the 'Indian Trust Asset Reform Act'."

Pub. L. 114–178, title II, §201, June 22, 2016, 130 Stat. 433, provided that: "This title [enacting subchapter II of this chapter] may be cited as the 'Indian Trust Asset Management Demonstration Project Act of 2016'."
25 U.S.C. § 1233 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXV: CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 1233: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–417, §3, Sept. 25, 1970, 84 Stat. 868, which related to distribution of shares of deceased enrollees and minors or persons under legal disability, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2703 (2024) — Title 25: INDIANS / Chapter 29: INDIAN GAMING REGULATION / Section 2703: Definitions
Definitions
Status: in_force

For purposes of this chapter—

(1) The term "Attorney General" means the Attorney General of the United States.

(2) The term "Chairman" means the Chairman of the National Indian Gaming Commission.

(3) The term "Commission" means the National Indian Gaming Commission established pursuant to section 2704 of this title.

(4) The term "Indian lands" means—

(A) all lands within the limits of any Indian reservation; and

(B) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental power.

(5) The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians which—

(A) is recognized as eligible by the Secretary for the special programs and services provided by the United States to Indians because of their status as Indians, and

(B) is recognized as possessing powers of self-government.

(6) The term "class I gaming" means social games solely for prizes of minimal value or traditional forms of Indian gaming engaged in by individuals as a part of, or in connection with, tribal ceremonies or celebrations.

(7)(A) The term "class II gaming" means—

(i) the game of chance commonly known as bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith)—

(I) which is played for prizes, including monetary prizes, with cards bearing numbers or other designations,

(II) in which the holder of the card covers such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined, and

(III) in which the game is won by the first person covering a previously designated arrangement of numbers or designations on such cards,

including (if played in the same location) pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo, and

(ii) card games that—

(I) are explicitly authorized by the laws of the State, or

(II) are not explicitly prohibited by the laws of the State and are played at any location in the State,

but only if such card games are played in conformity with those laws and regulations (if any) of the State regarding hours or periods of operation of such card games or limitations on wagers or pot sizes in such card games.

(B) The term "class II gaming" does not include—

(i) any banking card games, including baccarat, chemin de fer, or blackjack (21), or

(ii) electronic or electromechanical facsimiles of any game of chance or slot machines of any kind.

(C) Notwithstanding any other provision of this paragraph, the term "class II gaming" includes those card games played in the State of Michigan, the State of North Dakota, the State of South Dakota, or the State of Washington, that were actually operated in such State by an Indian tribe on or before May 1, 1988, but only to the extent of the nature and scope of the card games that were actually operated by an Indian tribe in such State on or before such date, as determined by the Chairman.

(D) Notwithstanding any other provision of this paragraph, the term "class II gaming" includes, during the 1-year period beginning on October 17, 1988, any gaming described in subparagraph (B)(ii) that was legally operated on Indian lands on or before May 1, 1988, if the Indian tribe having jurisdiction over the lands on which such gaming was operated requests the State, by no later than the date that is 30 days after October 17, 1988, to negotiate a Tribal-State compact under section 2710(d)(3) of this title.

(E) Notwithstanding any other provision of this paragraph, the term "class II gaming" includes, during the 1-year period beginning on December 17, 1991, any gaming described in subparagraph (B)(ii) that was legally operated on Indian lands in the State of Wisconsin on or before May 1, 1988, if the Indian tribe having jurisdiction over the lands on which such gaming was operated requested the State, by no later than November 16, 1988, to negotiate a Tribal-State compact under section 2710(d)(3) of this title.

(F) If, during the 1-year period described in subparagraph (E), there is a final judicial determination that the gaming described in subparagraph (E) is not legal as a matter of State law, then such gaming on such Indian land shall cease to operate on the date next following the date of such judicial decision.

(8) The term "class III gaming" means all forms of gaming that are not class I gaming or class II gaming.

(9) The term "net revenues" means gross revenues of an Indian gaming activity less amounts paid out as, or paid for, prizes and total operating expenses, excluding management fees.

(10) The term "Secretary" means the Secretary of the Interior.

(Pub. L. 100–497, §4, Oct. 17, 1988, 102 Stat. 2467; Pub. L. 102–238, §2(a), Dec. 17, 1991, 105 Stat. 1908; Pub. L. 102–497, §16, Oct. 24, 1992, 106 Stat. 3261.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, known as the Indian Gaming Regulatory Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

Amendments

1992—Par. (7)(E). Pub. L. 102–497 struck out "or Montana" after "Wisconsin".

1991—Par. (7)(E), (F). Pub. L. 102–238 added subpars. (E) and (F).

Statutory Notes and Related Subsidiaries

Class II Gaming With Respect to Indian Tribes in Wisconsin or Montana Engaged in Negotiating Tribal-State Compacts

Pub. L. 101–301, §6, May 24, 1990, 104 Stat. 209, provided that: "Notwithstanding any other provision of law, the term 'class II gaming' includes, for purposes of applying Public Law 100–497 [25 U.S.C. 2701 et seq.] with respect to any Indian tribe located in the State of Wisconsin or the State of Montana, during the 1-year period beginning on the date of enactment of this Act [May 24, 1990], any gaming described in section 4(7)(B)(ii) of Public Law 100–497 [25 U.S.C. 2703(7)(B)(ii)] that was legally operated on Indian lands on or before May 1, 1988, if the Indian tribe having jurisdiction over the lands on which such gaming was operated made a request, by no later than November 16, 1988, to the State in which such gaming is operated to negotiate a Tribal-State compact under section 11(d)(3) of Public Law 100–497 [25 U.S.C. 2710(d)(3)]."

Tribal-State Compact Covering Indian Tribes in Minnesota; Operation of Class II Games; Allowance of Additional Year for Negotiations

Pub. L. 101–121, title I, §118, Oct. 23, 1989, 103 Stat. 722, provided that: "Notwithstanding any other provision of law, the term 'Class II gaming' in Public Law 100–497 [25 U.S.C. 2701 et seq.], for any Indian tribe located in the State of Minnesota, includes, during the period commencing on the date of enactment of this Act [Oct. 23, 1989] and continuing for 365 days from that date, any gaming described in section 4(7)(B)(ii) of Public Law 100–497 [25 U.S.C. 2703(7)(B)(ii)] that was legally operated on Indian lands on or before May 1, 1988, if the Indian tribe having jurisdication [sic] over the lands on which such gaming was operated, requested the State of Minnesota, no later than 30 days after the date of enactment of Public Law 100–497 [Oct. 17, 1988], to negotiate a tribal-state compact pursuant to section 11(d)(3) of Public Law 100–497 [25 U.S.C. 2710(d)(3)]."
25 U.S.C. § 1744 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter III: FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT / Section 1744: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 97–399, §5, Dec. 31, 1982, 96 Stat. 2013, which related to approval of prior transfers and extinguishment of claims and aboriginal title involving Florida Indians, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2713 (2024) — Title 25: INDIANS / Chapter 29: INDIAN GAMING REGULATION / Section 2713: Civil penalties
Civil penalties
Status: in_force

(a) Authority; amount; appeal; written complaint

(1) Subject to such regulations as may be prescribed by the Commission, the Chairman shall have authority to levy and collect appropriate civil fines, not to exceed $25,000 per violation, against the tribal operator of an Indian game or a management contractor engaged in gaming for any violation of any provision of this chapter, any regulation prescribed by the Commission pursuant to this chapter, or tribal regulations, ordinances, or resolutions approved under section 2710 or 2712 of this title.

(2) The Commission shall, by regulation, provide an opportunity for an appeal and hearing before the Commission on fines levied and collected by the Chairman.

(3) Whenever the Commission has reason to believe that the tribal operator of an Indian game or a management contractor is engaged in activities regulated by this chapter, by regulations prescribed under this chapter, or by tribal regulations, ordinances, or resolutions, approved under section 2710 or 2712 of this title, that may result in the imposition of a fine under subsection (a)(1), the permanent closure of such game, or the modification or termination of any management contract, the Commission shall provide such tribal operator or management contractor with a written complaint stating the acts or omissions which form the basis for such belief and the action or choice of action being considered by the Commission. The allegation shall be set forth in common and concise language and must specify the statutory or regulatory provisions alleged to have been violated, but may not consist merely of allegations stated in statutory or regulatory language.

(b) Temporary closure; hearing

(1) The Chairman shall have power to order temporary closure of an Indian game for substantial violation of the provisions of this chapter, of regulations prescribed by the Commission pursuant to this chapter, or of tribal regulations, ordinances, or resolutions approved under section 2710 or 2712 of this title.

(2) Not later than thirty days after the issuance by the Chairman of an order of temporary closure, the Indian tribe or management contractor involved shall have a right to a hearing before the Commission to determine whether such order should be made permanent or dissolved. Not later than sixty days following such hearing, the Commission shall, by a vote of not less than two of its members, decide whether to order a permanent closure of the gaming operation.

(c) Appeal from final decision

A decision of the Commission to give final approval of a fine levied by the Chairman or to order a permanent closure pursuant to this section shall be appealable to the appropriate Federal district court pursuant to chapter 7 of title 5.

(d) Regulatory authority under tribal law

Nothing in this chapter precludes an Indian tribe from exercising regulatory authority provided under tribal law over a gaming establishment within the Indian tribe's jurisdiction if such regulation is not inconsistent with this chapter or with any rules or regulations adopted by the Commission.

(Pub. L. 100–497, §14, Oct. 17, 1988, 102 Stat. 2482.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1), (3), (b)(1), and (d), was in the original "this Act", meaning Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, known as the Indian Gaming Regulatory Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
25 U.S.C. § 1232 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXV: CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 1232: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–417, §2, Sept. 25, 1970, 84 Stat. 868, which related to preparation of membership roll by the Secretary of the Interior, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3102 (2024) — Title 25: INDIANS / Chapter 33: NATIONAL INDIAN FOREST RESOURCES MANAGEMENT / Section 3102: Purposes
Purposes
Status: in_force

The purposes of this chapter are to—

(1) allow the Secretary of the Interior to take part in the management of Indian forest lands, with the participation of the lands' beneficial owners, in a manner consistent with the Secretary's trust responsibility and with the objectives of the beneficial owners;

(2) clarify the authority of the Secretary to make deductions from the proceeds of sale of Indian forest products, assure the use of such deductions on the reservation from which they are derived solely for use in forest land management activities, and assure that no other deductions shall be collected;

(3) increase the number of professional Indian foresters and related staff in forestry programs on Indian forest land; and

(4) provide for the authorization of necessary appropriations to carry out this chapter for the protection, conservation, utilization, management, and enhancement of Indian forest lands.

(Pub. L. 101–630, title III, §303, Nov. 28, 1990, 104 Stat. 4532.)
25 U.S.C. § 792 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXV: WYANDOTTE TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 792: Repealed. Pub. L. 95-281, §1(b)(1), May 15, 1978, 92 Stat. 246
Repealed. Pub. L. 95-281, §1(b)(1), May 15, 1978, 92 Stat. 246
Status: repealed

Section, act Aug. 1, 1956, ch. 843, §2, 70 Stat. 893, defined "tribe", "Secretary", "lands", and "tribal property".
25 U.S.C. § 622 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XX: PUEBLO AND CANONCITO NAVAJO INDIANS / Section 622: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 13, 1949, ch. 425, §2, 63 Stat. 605, which related to exchange of Pueblo and Navajo tribal lands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 913 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLII: QUAPAW TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 913: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 86–97, §3, July 17, 1959, 73 Stat. 222, which related to payment of shares of deceased enrollees, minors, and persons under legal disability, was omitted from the Code as being of special and not general application.
25 U.S.C. § 994 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLVII: CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND / Section 994: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 87–775, §4, Oct. 9, 1962, 76 Stat. 776, which exempted funds distributed under this subchapter from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 572 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XV: SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 572: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act July 27, 1939, ch. 387, §2, 53 Stat. 1128, which authorized payments to individual tribe members, was omitted from the Code as being of special and not general application.
25 U.S.C. § 351 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 351: Patents with restrictions for lots in villages in Washington
Patents with restrictions for lots in villages in Washington
Status: in_force

The Secretary of the Interior is authorized, whenever in his opinion it shall be conducive to the best welfare and interest of the Indians living within any Indian village on any of the Indian reservations in the State of Washington to issue a patent to each of said Indians for the village or town lot occupied by him, which patent shall contain restrictions against the alienation of the lot described therein to persons other than members of the tribe, except on approval of the Secretary of the Interior; and if any such Indian shall die subsequent to June 25, 1910, and before receiving patent to the lot occupied by him, the lot to which such Indian would have been entitled if living shall be patented in his name and shall be disposed of as provided for in section 372 of this title.

(June 25, 1910, ch. 431, §10, 36 Stat. 858.)
25 U.S.C. § 541 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter X: KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS / Section 541: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 7, 1939, ch. 552, §1, 53 Stat. 1252, which assigned individual monetary credits from the judgment fund to members of the Klamath Tribes to be used for certain purposes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1615 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter I: INDIAN HEALTH PROFESSIONAL PERSONNEL / Section 1615: Continuing education allowances
Continuing education allowances
Status: in_force

In order to encourage scholarship and stipend recipients under sections 1613a, 1614, and 1616h of this title and health professionals, including community health representatives and emergency medical technicians, to join or continue in an Indian health program and to provide services in the rural and remote areas in which a significant portion of Indians reside, the Secretary, acting through the Service, may—

(1) provide programs or allowances to transition into an Indian health program, including licensing, board or certification examination assistance, and technical assistance in fulfilling service obligations under sections 1613a, 1614, and 1616h of this title; and

(2) provide programs or allowances to health professionals employed in an Indian health program to enable those professionals, for a period of time each year prescribed by regulation of the Secretary, to take leave of the duty stations of the professionals for professional consultation, management, leadership, and refresher training courses.

(Pub. L. 94–437, title I, §106, Sept. 30, 1976, 90 Stat. 1404; Pub. L. 100–713, title I, §105, Nov. 23, 1988, 102 Stat. 4787; Pub. L. 102–573, title I, §§104(a), 115, Oct. 29, 1992, 106 Stat. 4533, 4543; Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Amendment by Pub. L. 111–148 is based on section 134(c) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to discretionary allowances to health professionals employed in the Service to take leave for professional consultation and refresher training courses and included a limitation on use of appropriations to establish postdoctoral training programs for health professionals.

1992—Subsec. (a). Pub. L. 102–573, §104(a), inserted "nurses," after "physicians, dentists,".

Subsec. (b). Pub. L. 102–573, §115, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "There are authorized to be appropriated for the purpose of carrying out the provisions of this section—

"(1) $500,000 for fiscal year 1989,

"(2) $526,300 for fiscal year 1990,

"(3) $553,800 for fiscal year 1991, and

"(4) $582,500 for fiscal year 1992."

1988—Subsec. (b). Pub. L. 100–713 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "There are authorized to be appropriated for the purpose of this section: $100,000 for fiscal year 1978, $200,000 for fiscal year 1979, and $250,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984 there are authorized to be appropriated for the purpose of this section such sums as may be specifically authorized by an Act enacted after this chapter."
25 U.S.C. § 13 (2024) — Title 25: INDIANS / Chapter 1: BUREAU OF INDIAN AFFAIRS / Section 13: Expenditure of appropriations by Bureau
Expenditure of appropriations by Bureau
Status: in_force

The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States for the following purposes:

General support and civilization, including education.

For relief of distress and conservation of health.

For industrial assistance and advancement and general administration of Indian property.

For extension, improvement, operation, and maintenance of existing Indian irrigation systems and for development of water supplies.

For the enlargement, extension, improvement, and repair of the buildings and grounds of existing plants and projects.

For the employment of inspectors, supervisors, superintendents, clerks, field matrons, farmers, physicians, Indian police, Indian judges, and other employees.

For the suppression of traffic in intoxicating liquor and deleterious drugs.

For the purchase of horse-drawn and motor-propelled passenger-carrying vehicles for official use.

And for general and incidental expenses in connection with the administration of Indian affairs.

Notwithstanding any other provision of this section or any other law, postsecondary schools administered by the Secretary of the Interior for Indians, and which meet the definition of an "institution of higher education" under section 101 of the Higher Education Act of 1965 [20 U.S.C. 1001], shall be eligible to participate in and receive appropriated funds under any program authorized by the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.

(Nov. 2, 1921, ch. 115, 42 Stat. 208; Pub. L. 94–482, title IV, §410, Oct. 12, 1976, 90 Stat. 2233; Pub. L. 105–244, title I, §102(a)(8)(A), Oct. 7, 1998, 112 Stat. 1619.)

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in text, is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

Amendments

1998—Pub. L. 105–244, which directed substitution of "101" for "1201" in the last paragraph of "section 410 of the Act entitled 'An Act authorizing appropriations and expenditures for the administration of Indian Affairs, and for other purposes', approved November 2, 1921 (25 U.S.C. 13) (commonly known as the Snyder Act)", was executed to last paragraph of this section, which is the act of Nov. 2, 1921, ch. 115, commonly known as the Snyder Act, to reflect the probable intent of Congress. This section was amended by section 410 of Pub. L. 94–482 to add the last paragraph.

1976—Pub. L. 94–482 inserted provisions relating to postsecondary schools administered by the Secretary of the Interior for Indians.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94–482, set out as a note under section 1001 of Title 20, Education.

Short Title

Act Nov. 2, 1921, which enacted this section, is popularly known as the "Snyder Act".

Availability of Housing Improvement Program Grant Repayments for Program Obligations

Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 714, provided: "That hereafter, notwithstanding any other provision of law, amounts collected from grantees by the Secretary as grant repayments required under the Secretary's regulations for the Housing Improvement Program shall be credited in the year collected and shall be available for obligation under the terms and conditions applicable to the Program under that year's appropriation".

Alternative Methods for Equitable Distribution of Supplemental Program Funds; Development, Publication, etc., of Formula

Pub. L. 95–561, title XI, §1102, Nov. 1, 1978, 92 Stat. 2316, provided that:

"(a) The Secretary of the Interior shall develop alternative methods for the equitable distribution of any supplement program funds provided, pursuant to an appropriation under the Act of November 2, 1921, commonly referred to as the Snyder Act [25 U.S.C. 13], for contracting under the Act of April 16, 1934, commonly referred to as the Johnson-O'Malley Act [25 U.S.C. 5342 et seq.], and shall publish in the Federal Register by March 1, 1979, such alternatives for the purpose of allowing eligible tribes to comment by May 1, 1979. At that time, the Secretary shall conduct a field survey listing all alternative formula.

"(b) By July 1, 1979, the Secretary shall establish and publish the formula in the Federal Register which the majority of such tribes determine, but vote certified to the Secretary, to be most equitable and shall use such formula for purposes of distribution of the funds appropriated pursuant to such Act beginning on or after October 1, 1979. The Secretary shall, in accordance with procedures consistent with that prescribed herein, revise such formula periodically as necessary".

Payments for Basic Educational Support Grants or Contracts; Authorization; Time

Pub. L. 95–561, title XI, §1103(a), Nov. 1, 1978, 92 Stat. 2316, as amended by Pub. L. 96–46, §2(b)(1), Aug. 6, 1979, 93 Stat. 341, provided that payments for basic educational support grants or contracts for fiscal year 1978, including any fiscal year 1978 funds subsequently obligated in fiscal year 1979, were to be made under the authority of act Apr. 16, 1934, and set forth conditions, time, etc., for payments.

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
25 U.S.C. § 4236 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4236: Allocation formula
Allocation formula
Status: in_force

(a) Establishment

The Secretary shall, by regulation issued not later than the expiration of the 6-month period beginning on December 27, 2000, in the manner provided under section 4227 of this title, establish a formula to provide for the allocation of amounts available for a fiscal year for block grants under this subchapter in accordance with the requirements of this section.

(b) Factors for determination of need

The formula under subsection (a) shall be based on factors that reflect the needs for assistance for affordable housing activities, including—

(1) the number of low-income dwelling units owned or operated at the time pursuant to a contract between the Director and the Secretary;

(2) the extent of poverty and economic distress and the number of Native Hawaiian families eligible to reside on the Hawaiian Home Lands; and

(3) any other objectively measurable conditions that the Secretary and the Director may specify.

(c) Other factors for consideration

In establishing the formula under subsection (a), the Secretary shall consider the relative administrative capacities of the Department of Hawaiian Home Lands and other challenges faced by the Department, including—

(1) geographic distribution within Hawaiian Home Lands; and

(2) technical capacity.

(d) Effective date

This section shall take effect on December 27, 2000.

(Pub. L. 104–330, title VIII, §817, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2984.)

Editorial Notes

Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted substantially identical sections 817 of Pub. L. 104–330. This section is based on the text of section 817 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.
25 U.S.C. § 3602 (2024) — Title 25: INDIANS / Chapter 38: INDIAN TRIBAL JUSTICE SUPPORT / Section 3602: Definitions
Definitions
Status: in_force

For purposes of this chapter:

(1) The term "Bureau" means the Bureau of Indian Affairs of the Department of the Interior.

(2) The term "Courts of Indian Offenses" means the courts established pursuant to part 11 of title 25, Code of Federal Regulations.

(3) The term "Indian tribe" means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native entity, which administers justice under its inherent authority or the authority of the United States and which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians.

(4) The term "judicial personnel" means any judge, magistrate, court counselor, court clerk, court administrator, bailiff, probation officer, officer of the court, dispute resolution facilitator, or other official, employee, or volunteer within the tribal justice system.

(5) The term "Office" means the Office of Tribal Justice Support within the Bureau of Indian Affairs.

(6) The term "Secretary" means the Secretary of the Interior.

(7) The term "tribal organization" means any organization defined in section 5304(l) of this title.

(8) The term "tribal justice system" means the entire judicial branch, and employees thereof, of an Indian tribe, including (but not limited to) traditional methods and forums for dispute resolution, lower courts, appellate courts (including intertribal appellate courts), alternative dispute resolution systems, and circuit rider systems, established by inherent tribal authority whether or not they constitute a court of record.

(Pub. L. 103–176, §3, Dec. 3, 1993, 107 Stat. 2004.)
25 U.S.C. § 5119 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5119: Application to Alaska
Application to Alaska
Status: in_force

Sections 5101, 5108, 5110, 5111, 5121, 5124, and 5129 of this title shall after May 1, 1936, apply to the Territory of Alaska: Provided, That groups of Indians in Alaska not recognized prior to May 1, 1936, as bands or tribes, but having a common bond of occupation, or association, or residence within a well-defined neighborhood, community, or rural district, may organize to adopt constitutions and bylaws and to receive charters of incorporation and Federal loans under sections 5113, 5123, and 5124 of this title.

(May 1, 1936, ch. 254, §1, 49 Stat. 1250.)

Editorial Notes

Codification

Section was formerly classified to section 362 of Title 48, Territories and Insular Possessions, prior to transfer to section 473a of this title and editorial reclassification and renumbering as this section.

Executive Documents

Admission of Alaska as State

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.
25 U.S.C. § 1776b (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter X: CROW LAND CLAIMS SETTLEMENT / Section 1776b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–444, §4, Nov. 2, 1994, 108 Stat. 4634, which related to ratification of the Settlement Agreement, was omitted from the Code as being of special and not general application.
25 U.S.C. § 677p (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXVIII: UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD MEMBERS / Section 677p: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, acts Aug. 27, 1954, ch. 1009, §17, 68 Stat. 876; Aug. 2, 1956, ch. 880, §3, 70 Stat. 936, which related to tax exemptions for assets distributed pursuant to this subchapter and valuation of such assets for the purpose of determining income taxes on gains or losses thereon, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1621i (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter II: HEALTH SERVICES / Section 1621i: Managed care feasibility study
Managed care feasibility study
Status: in_force

(a) The Secretary, acting through the Service, shall conduct a study to assess the feasibility of allowing an Indian tribe to purchase, directly or through the Service, managed care coverage for all members of the tribe from—

(1) a tribally owned and operated managed care plan; or

(2) a State licensed managed care plan.

(b) Not later than the date which is 12 months after October 29, 1992, the Secretary shall transmit to the Congress a report containing—

(1) a detailed description of the study conducted pursuant to this section; and

(2) a discussion of the findings and conclusions of such study.

(Pub. L. 94–437, title II, §210, as added Pub. L. 102–573, title II, §206(b), Oct. 29, 1992, 106 Stat. 4549.)
25 U.S.C. § 748 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 748: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §8, 68 Stat. 1102, which authorized the Secretary of the Interior to transfer to a tribe or to a public or nonprofit body any federally owned property deemed necessary for public use and from which members of the tribes would derive benefit, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3074 (2024) — Title 25: INDIANS / Chapter 32B: SAFEGUARD TRIBAL OBJECTS OF PATRIMONY / Section 3074: Voluntary return of tangible cultural heritage
Voluntary return of tangible cultural heritage
Status: in_force

(a) Liaison

The Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage.

(b) Trainings and workshops

The liaisons designated under subsection (a) shall offer to representatives of Indian Tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and organizations trainings and workshops regarding the voluntary return of tangible cultural heritage.

(c) Referrals

(1) In general

The Secretary shall refer individuals and organizations to 1 or more Indian Tribes and Native Hawaiian organizations with a cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage.

(2) Referral representatives

The Secretary shall compile a list of representatives from each Indian Tribe and Native Hawaiian organization for purposes of referral under paragraph (1).

(3) Consultation

The Secretary shall consult with Indian Tribes, Native Hawaiian organizations, and the Native working group convened under section 3076(a) of this title before making a referral under paragraph (1).

(4) Third-party experts

The Secretary may use third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, in determining to which Indian Tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1).

(d) Legal liability

Nothing in this section imposes on any individual or entity any additional penalties or legal liability.

(e) Tax documentation

In facilitating the voluntary return of tangible cultural heritage under this section, the Secretary shall include provision of tax documentation for a deductible gift to an Indian Tribe or Native Hawaiian organization, if the recipient Indian Tribe or Native Hawaiian organization consents to the provision of tax documentation.

(f) Repatriation under Native American Graves Protection and Repatriation Act

The voluntary return provisions of this section shall apply to a specific item of tangible cultural heritage only to the extent that the repatriation provisions under section 3005 of this title do not apply to the item of tangible cultural heritage.

(Pub. L. 117–258, §6, Dec. 21, 2022, 136 Stat. 2382.)
25 U.S.C. § 1774b (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter VIII: SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT / Section 1774b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 101–503, §4, Nov. 3, 1990, 104 Stat. 1294, which related to new leases in accordance with the Settlement Agreement and extinguishment of claims with respect to prior and existing leases, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5127 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5127: Procedure
Procedure
Status: in_force

In any election heretofore or hereafter held under the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.], on the question of excluding a reservation from the application of the said Act or on the question of adopting a constitution and bylaws or amendments thereto or on the question of ratifying a charter, the vote of a majority of those actually voting shall be necessary and sufficient to effectuate such exclusion, adoption, or ratification, as the case may be: Provided, however, That in each instance the total vote cast shall not be less than 30 per centum of those entitled to vote.

(June 15, 1935, ch. 260, §1, 49 Stat. 378.)

Editorial Notes

References in Text

Act of June 18, 1934, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables.

Codification

Section was formerly classified to section 478a of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 1041c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIX: SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT FUND / Section 1041c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 106–568, title VII, §705, Dec. 27, 2000, 114 Stat. 2915, which related to membership roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 82a (2024) — Title 25: INDIANS / Chapter 3: AGREEMENTS WITH INDIANS / Subchapter II: CONTRACTS WITH INDIANS / Section 82a: Contracts for payment of money permitted certain tribes; payment for legal services
Contracts for payment of money permitted certain tribes; payment for legal services
Status: in_force

Contracts involving the payment or expenditure of any money or affecting any property belonging to the Choctaw, Chickasaw, Cherokee, Creek, or Seminole Tribes of Indians, including contracts for professional legal services, may be made by said tribes, with the approval of the Secretary of the Interior, or his authorized representative, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That the provisions of this section shall not apply to contracts for professional legal services involving the prosecution of claims against the United States.

(July 3, 1952, ch. 549, §1, 66 Stat. 323.)

Statutory Notes and Related Subsidiaries

Contracts Involving Choctaw and Chickasaw Tribes

Act July 3, 1952, ch. 549, §2, 66 Stat. 323, provided: "That the second proviso in section 28 of the Act of April 26, 1906, ch. 1876 (34 Stat. 148) [not classified to the Code], and the provisions contained in the fifth paragraph of section 17 of the Act of March 3, 1911, ch. 210 (36 Stat. 1070) [not classified to the Code], dealing with contracts made by the Choctaw and Chickasaw Tribes of Indians for professional legal services of attorneys, are hereby repealed."
25 U.S.C. § 5362 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter IV: TRIBAL SELF-GOVERNANCE-DEPARTMENT OF THE INTERIOR / Section 5362: Tribal Self-Governance Program
Tribal Self-Governance Program
Status: in_force

(a) Establishment

The Secretary shall establish and carry out a program within the Department to be known as the "Tribal Self-Governance Program".

(b) Selection of participating Indian Tribes

(1) In general

(A) Eligibility

The Secretary, acting through the Director of the Office of Self-Governance, may select not more than 50 new Indian Tribes per year from those tribes eligible under subsection (c) to participate in self-governance.

(B) Joint participation

On the request of each participating Indian Tribe, 2 or more otherwise eligible Indian Tribes may be treated as a single Indian Tribe for the purpose of participating in self-governance.

(2) Other authorized Indian Tribe or Tribal organization

If an Indian Tribe authorizes another Indian Tribe or a Tribal organization to plan for or carry out a program on its behalf under this subchapter, the authorized Indian Tribe or Tribal organization shall have the rights and responsibilities of the authorizing Indian Tribe (except as otherwise provided in the authorizing resolution).

(3) Joint participation as organization

Two or more Indian Tribes that are not otherwise eligible under subsection (c) may be treated as a single Indian Tribe for the purpose of participating in self-governance as a Tribal organization if—

(A) each Indian Tribe so requests; and

(B) the Tribal organization itself, or at least one of the Indian Tribes participating in the Tribal organization, is eligible under subsection (c).

(4) Tribal withdrawal from a Tribal organization

(A) In general

An Indian Tribe that withdraws from participation in a Tribal organization, in whole or in part, shall be entitled to participate in self-governance if the Indian Tribe is eligible under subsection (c).

(B) Effect of withdrawal

If an Indian Tribe withdraws from participation in a Tribal organization, the Indian Tribe shall be entitled to its Tribal share of funds and resources supporting the programs that the Indian Tribe is entitled to carry out under the compact and funding agreement of the Indian Tribe.

(C) Participation in self-governance

The withdrawal of an Indian Tribe from a Tribal organization shall not affect the eligibility of the Tribal organization to participate in self-governance on behalf of one or more other Indian Tribes, if the Tribal organization still qualifies under subsection (c).

(D) Withdrawal process

(i) In general

An Indian Tribe may, by Tribal resolution, fully or partially withdraw its Tribal share of any program in a funding agreement from a participating Tribal organization.

(ii) Notification

The Indian Tribe shall provide a copy of the Tribal resolution described in clause (i) to the Secretary.

(iii) Effective date

(I) In general

A withdrawal under clause (i) shall become effective on the date that is specified in the Tribal resolution and mutually agreed upon by the Secretary, the withdrawing Indian Tribe, and the Tribal organization that signed the compact and funding agreement on behalf of the withdrawing Indian Tribe or Tribal organization.

(II) No specified date

In the absence of a date specified in the resolution, the withdrawal shall become effective on—

(aa) the earlier of—

(AA) 1 year after the date of submission of the request; and

(BB) the date on which the funding agreement expires; or

(bb) such date as may be mutually agreed upon by the Secretary, the withdrawing Indian Tribe, and the Tribal organization that signed the compact and funding agreement on behalf of the withdrawing Indian Tribe or Tribal organization.

(E) Distribution of funds

If an Indian Tribe or Tribal organization eligible to enter into a self-determination contract or a compact or funding agreement fully or partially withdraws from a participating Tribal organization, the withdrawing Indian Tribe—

(i) may elect to enter into a self-determination contract or compact, in which case—

(I) the withdrawing Indian Tribe or Tribal organization shall be entitled to its Tribal share of unexpended funds and resources supporting the programs that the Indian Tribe will be carrying out under its own self-determination contract or compact and funding agreement (calculated on the same basis as the funds were initially allocated to the funding agreement of the Tribal organization); and

(II) the funds referred to in subclause (I) shall be withdrawn by the Secretary from the funding agreement of the Tribal organization and transferred to the withdrawing Indian Tribe, on the condition that sections 5321 and 5324(i) of this title, as appropriate, shall apply to the withdrawing Indian Tribe; or

(ii) may elect not to enter into a self-determination contract or compact, in which case all unexpended funds and resources associated with the withdrawing Indian Tribe's returned programs (calculated on the same basis as the funds were initially allocated to the funding agreement of the Tribal organization) shall be returned by the Tribal organization to the Secretary for operation of the programs included in the withdrawal.

(F) Return to mature contract status

If an Indian Tribe elects to operate all or some programs carried out under a compact or funding agreement under this subchapter through a self-determination contract under subchapter I, at the option of the Indian Tribe, the resulting self-determination contract shall be a mature self-determination contract as long as the Indian Tribe meets the requirements set forth in section 5304(h) of this title.

(c) Eligibility

To be eligible to participate in self-governance, an Indian Tribe shall—

(1) successfully complete the planning phase described in subsection (d);

(2) request participation in self-governance by resolution or other official action by the Tribal governing body; and

(3) demonstrate, for the 3 fiscal years preceding the date on which the Indian Tribe requests participation, financial stability and financial management capability as evidenced by the Indian Tribe having no uncorrected significant and material audit exceptions in the required annual audit of its self-determination or self-governance agreements with any Federal agency.

(d) Planning phase

(1) In general

An Indian Tribe seeking to begin participation in self-governance shall complete a planning phase as provided in this subsection.

(2) Activities

The planning phase shall—

(A) be conducted to the satisfaction of the Indian Tribe; and

(B) include—

(i) legal and budgetary research; and

(ii) internal Tribal government planning, training, and organizational preparation.

(e) Grants

(1) In general

Subject to the availability of appropriations, an Indian Tribe or Tribal organization that meets the requirements of paragraphs (2) and (3) of subsection (c) shall be eligible for grants—

(A) to plan for participation in self-governance; and

(B) to negotiate the terms of participation by the Indian Tribe or Tribal organization in self-governance, as set forth in a compact and a funding agreement.

(2) Receipt of grant not required

Receipt of a grant under paragraph (1) shall not be a requirement of participation in self-governance.

(Pub. L. 93–638, title IV, §402, as added Pub. L. 103–413, title II, §204, Oct. 25, 1994, 108 Stat. 4272; amended Pub. L. 104–208, div. A, title I, §101(d) [title I, §117], Sept. 30, 1996, 110 Stat. 3009–181, 3009–201; Pub. L. 116–180, title I, §101(c), Oct. 21, 2020, 134 Stat. 859.)

Editorial Notes

References in Text

Subchapter I, referred to in subsec. (b)(4)(F), was in the original "title I", meaning title I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to subchapter I (§5321 et seq.) of this chapter. For complete classification of title I to the Code, see Short Title note set out under section 5301 of this title and Tables.

Codification

Section was formerly classified to section 458bb of this title prior to editorial reclassification and renumbering as this section.

Amendments

2020—Pub. L. 116–180 amended section generally. Prior to amendment, section related to selection of Indian tribes to participate in Self-Governance.

1996—Subsec. (b)(1). Pub. L. 104–208 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "In addition to those Indian tribes participating in Self-Governance under subsection (a) of this section, the Secretary, acting through the Director of the Office of Self-Governance, may select up to 20 new tribes per year from the applicant pool described in subsection (c) of this section to participate in Self-Governance."
25 U.S.C. § 3505 (2024) — Title 25: INDIANS / Chapter 37: INDIAN ENERGY / Section 3505: Federal power marketing administrations
Federal power marketing administrations
Status: in_force

(a) Definitions

In this section:

(1) The term "Administrator" means the Administrator of the Bonneville Power Administration and the Administrator of the Western Area Power Administration.

(2) The term "power marketing administration" means—

(A) the Bonneville Power Administration;

(B) the Western Area Power Administration; and

(C) any other power administration the power allocation of which is used by or for the benefit of an Indian tribe located in the service area of the administration.

(b) Encouragement of Indian tribal energy development

Each Administrator shall encourage Indian tribal energy development by taking such actions as the Administrators determine to be appropriate, including administration of programs of the power marketing administration, in accordance with this section.

(c) Action by Administrators

In carrying out this section, in accordance with laws in existence on August 8, 2005—

(1) each Administrator shall consider the unique relationship that exists between the United States and Indian tribes;

(2) power allocations from the Western Area Power Administration to Indian tribes may be used to meet firming and reserve needs of Indian-owned energy projects on Indian land;

(3) the Administrator of the Western Area Power Administration may purchase non-federally generated power from Indian tribes to meet the firming and reserve requirements of the Western Area Power Administration; and

(4) each Administrator shall not—

(A) pay more than the prevailing market price for an energy product; or

(B) obtain less than prevailing market terms and conditions.

(d) Assistance for transmission system use

(1) An Administrator may provide technical assistance to Indian tribes seeking to use the high-voltage transmission system for delivery of electric power.

(2) The costs of technical assistance provided under paragraph (1) shall be funded—

(A) by the Secretary of Energy using nonreimbursable funds appropriated for that purpose; or

(B) by any appropriate Indian tribe.

(e) Power allocation study

Not later than 2 years after August 8, 2005, the Secretary of Energy shall submit to Congress a report that—

(1) describes the use by Indian tribes of Federal power allocations of the power marketing administration (or power sold by the Southwestern Power Administration) to or for the benefit of Indian tribes in a service area of the power marketing administration; and

(2) identifies—

(A) the quantity of power allocated to, or used for the benefit of, Indian tribes by the Western Area Power Administration;

(B) the quantity of power sold to Indian tribes by any other power marketing administration; and

(C) barriers that impede tribal access to and use of Federal power, including an assessment of opportunities to remove those barriers and improve the ability of power marketing administrations to deliver Federal power.

(f) Authorization of appropriations

There are authorized to be appropriated to carry out this section $750,000, non-reimbursable, to remain available until expended.

(Pub. L. 102–486, title XXVI, §2605, as added Pub. L. 109–58, title V, §503(a), Aug. 8, 2005, 119 Stat. 776.)

Editorial Notes

Prior Provisions

A prior section 3505, Pub. L. 102–486, title XXVI, §2605, Oct. 24, 1992, 106 Stat. 3115; Pub. L. 103–437, §10(e)(1), (2)(D), Nov. 2, 1994, 108 Stat. 4589, related to Indian Energy Resource Commission, prior to the general amendment of this chapter by Pub. L. 109–58.
25 U.S.C. § 456 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter II: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 456: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 456 was editorially reclassified as section 5346 of this title.
25 U.S.C. § 1511 (2024) — Title 25: INDIANS / Chapter 17: FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS / Subchapter III: INTEREST SUBSIDIES AND ADMINISTRATIVE EXPENSES / Section 1511: Interest subsidies; rules and regulations
Interest subsidies; rules and regulations
Status: in_force

The Secretary is authorized under such rules and regulations as he may prescribe to pay as an interest subsidy on loans which are guaranteed or insured under the provisions of subchapter II of this chapter amounts which are necessary to reduce the rate payable by the borrower to the rate determined under section 1464 of this title.

(Pub. L. 93–262, title III, §301, Apr. 12, 1974, 88 Stat. 82.)
25 U.S.C. § 233 (2024) — Title 25: INDIANS / Chapter 6: GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS / Subchapter I: GENERALLY / Section 233: Jurisdiction of New York State courts in civil actions
Jurisdiction of New York State courts in civil actions
Status: in_force

The courts of the State of New York under the laws of such State shall have jurisdiction in civil actions and proceedings between Indians or between one or more Indians and any other person or persons to the same extent as the courts of the State shall have jurisdiction in other civil actions and proceedings, as now or hereafter defined by the laws of such State: Provided, That the governing body of any recognized tribe of Indians in the State of New York shall have the right to declare, by appropriate enactment prior to September 13, 1952, those tribal laws and customs which they desire to preserve, which, on certification to the Secretary of the Interior by the governing body of such tribe shall be published in the Federal Register and thereafter shall govern in all civil cases involving reservation Indians when the subject matter of such tribal laws and customs is involved or at issue, but nothing herein contained shall be construed to prevent such courts from recognizing and giving effect to any tribal law or custom which may be proven to the satisfaction of such courts: Provided further, That nothing in this section shall be construed to require any such tribe or the members thereof to obtain fish and game licenses from the State of New York for the exercise of any hunting and fishing rights provided for such Indians under any agreement, treaty, or custom: Provided further, That nothing herein contained shall be construed as subjecting the lands within any Indian reservation in the State of New York to taxation for State or local purposes, nor as subjecting any such lands, or any Federal or State annuity in favor of Indians or Indian tribes, to execution on any judgment rendered in the State courts, except in the enforcement of a judgment in a suit by one tribal member against another in the matter of the use or possession of land: And provided further, That nothing herein contained shall be construed as authorizing the alienation from any Indian nation, tribe, or band of Indians of any lands within any Indian reservation in the State of New York: Provided further, That nothing herein contained shall be construed as conferring jurisdiction on the courts of the State of New York or making applicable the laws of the State of New York in civil actions involving Indian lands or claims with respect thereto which relate to transactions or events transpiring prior to September 13, 1952.

(Sept. 13, 1950, ch. 947, §1, 64 Stat. 845.)

Statutory Notes and Related Subsidiaries

Effective Date

Act Sept. 13, 1950, ch. 947, §2, 64 Stat. 846, provided: "This Act [this section] shall take effect two years after the date of its passage [Sept. 13, 1950]."
25 U.S.C. § 353 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 353: Sections inapplicable to certain tribes
Sections inapplicable to certain tribes
Status: in_force

The provisions of this Act shall not apply to the Osage Indians, nor to the Five Civilized Tribes, in Oklahoma. Where deeds to tribal lands in the Five Civilized Tribes have been or may be issued, in pursuance of any tribal agreement or Act of Congress, to a person who had died, or who dies before the approval of such deed, the title to the land designated therein shall inure to and become vested in the heirs, devisees, or assigns of such deceased grantee as if the deed had issued to the deceased grantee during life.

(June 25, 1910, ch. 431, §§32, 33, 36 Stat. 863.)

Editorial Notes

References in Text

This Act, referred to in text, is act June 25, 1910, ch. 431, 36 Stat. 855, which enacted sections 47, 93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, section 6a–1 of former Title 41, Public Contracts, and section 148 of Title 43, Public Lands, and amended sections 191, 312, 331, 333, and 336 of this title and sections 104 and 107 of former Title 18, Criminal Code and Criminal Procedure. Sections 104 and 107 of former Title 18 were repealed and restated as sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. Section 6a–1 of former Title 41 was repealed and restated as section 6102(e) of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Tables.

Codification

The first and second sentences are from sections 33 and 32, respectively of act June 25, 1910.
25 U.S.C. § 952 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIV: AGUA CALIENTE (PALM SPRINGS) RESERVATION OF CALIFORNIA: EQUALIZATION OF ALLOTMENTS / Section 952: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 86–339, §2, Sept. 21, 1959, 73 Stat. 602, which provided for any member of the Agua Caliente Band alive on Sept. 21, 1959, who had not yet received an allotment of land to be given such an allotment and provided for no further allotments of land to be made thereafter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 644 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXIII: HOPI TRIBE: INDUSTRIAL PARK / Section 644: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–264, §4, May 22, 1970, 84 Stat. 261, which affirmed bonds issued pursuant to this subchapter as valid and binding obligations, was omitted from the Code as being of special and not general application.
25 U.S.C. § 713c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 713c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–165, §5, Nov. 22, 1983, 97 Stat. 1065, which related to Interim Council to be the governing body of the tribe until the tribal governing body established in accordance with section 713d of this title would first convene, was omitted from the Code as being of special and not general application.
25 U.S.C. § 28 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 28: Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 634
Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 634
Status: repealed

Section 28, R.S. §2056; act May 17, 1882, ch. 163, §1, 22 Stat. 87, fixed term of office for Indian Agents.

Section 29, R.S. §2057, provided for a bond by Indian Agents.

Section 30, R.S. §2060, prescribed limits of residence of Indian Agents.

Section 31, R.S. §2058, related to duties of Indian Agents.
25 U.S.C. § 1680s (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter VI: MISCELLANEOUS / Section 1680s: Disease and injury prevention report
Disease and injury prevention report
Status: in_force

Not later than 18 months after March 23, 2010, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committees on Natural Resources and Energy and Commerce of the House of Representatives 1 describing—

(1) all disease and injury prevention activities conducted by the Service, independently or in conjunction with other Federal departments and agencies and Indian tribes; and

(2) the effectiveness of those activities, including the reductions of injury or disease conditions achieved by the activities.

(Pub. L. 94–437, title VIII, §829, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 829 of Pub. L. 94–437 is based on section 198 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

1 So in original. Probably should be followed by "a report".
25 U.S.C. § 396e (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 396e: Officials authorized to approve leases
Officials authorized to approve leases
Status: in_force

The Secretary of the Interior may, in his discretion, authorize superintendents or other officials in the Indian Service to approve leases for oil, gas, or other mining purposes covering any restricted Indian lands, tribal or allotted.

(May 11, 1938, ch. 198, §5, 52 Stat. 348.)

Statutory Notes and Related Subsidiaries

Repeal of Inconsistent Acts

For repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title.

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
25 U.S.C. § 993 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLVII: CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND / Section 993: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 87–775, §3, Oct. 9, 1962, 76 Stat. 776, which related to time for filing of claims, reversion of funds upon failure to file, and use of reverted funds, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3302 (2024) — Title 25: INDIANS / Chapter 35: INDIAN HIGHER EDUCATION PROGRAMS / Subchapter I: HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION / Section 3302: Findings
Findings
Status: in_force

The Congress finds that—

(1) there are increasing numbers of Indian students qualifying for postsecondary education, and there are increasing numbers desiring to go to postsecondary institutions;

(2) the needs of these students far outpace the resources available currently;

(3) Indian tribes have shown an increasing interest in administering programs serving these individuals and making decisions on these programs reflecting their determinations of the tribal and human needs;

(4) the contracting process under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] has provided a mechanism for the majority of the tribes to assume control over this program from the Bureau of Indian Affairs;

(5) however, inherent limitations in the contracting philosophy and mechanism, coupled with cumbersome administrative procedures developed by the Bureau of Indian Affairs have effectively limited the efficiency and effectiveness of these programs;

(6) the provision of these services in the most effective and efficient form possible is necessary for tribes, the country, and the individuals to be served; and

(7) these services are part of the Federal Government's continuing trust responsibility to provide education services to American Indian and Alaska Natives.

(Pub. L. 102–325, title XIII, §1312, July 23, 1992, 106 Stat. 798.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in par. (4), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
25 U.S.C. § 714c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 714c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–481, §5, Oct. 17, 1984, 98 Stat. 2252, which related to governance of tribe by an Interim Council, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5327 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter I: INDIAN SELF-DETERMINATION / Section 5327: Department of the Interior: availability of funds for Indian self-determination or self-governance contract or grant support costs
Department of the Interior: availability of funds for Indian self-determination or self-governance contract or grant support costs
Status: in_force

Notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended [25 U.S.C. 5321 et seq.], on and after November 29, 1999, funds available to the Department of the Interior for Indian self-determination or self-governance contract or grant support costs may be expended only for costs directly attributable to contracts, grants and compacts pursuant to the Indian Self-Determination Act of 1975 and on and after November 29, 1999, funds appropriated in this title 1 shall not be available for any contract support costs or indirect costs associated with any contract, grant, cooperative agreement, self-governance compact or funding agreement entered into between an Indian tribe or tribal organization and any entity other than an agency of the Department of the Interior.

(Pub. L. 106–113, div. B, §1000(a)(3) [title I, §113], Nov. 29, 1999, 113 Stat. 1535, 1501A–157.)

Editorial Notes

References in Text

The Indian Self-Determination Act of 1975, referred to in text, probably means the Indian Self-Determination Act, title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to this subchapter (§5321 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

This title, referred to in text, is title I of the Department of the Interior and Related Agencies Appropriations Act, 2000, as enacted by Pub. L. 106–113, div. B, §1000(a)(3), Nov. 29, 1999, 113 Stat. 1535, 1501A–135. For complete classification of this title to the Code, see Tables.

Codification

Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 2000, and not as part of the Indian Self-Determination and Education Assistance Act which comprises this chapter.

Section was formerly classified to section 450j–3 of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Similar Provisions

Similar provisions were contained in Pub. L. 105–277, div. A, §101(e) [title I, §114], Oct. 21, 1998, 112 Stat. 2681–231, 2681–255.

1 See References in Text note below.
25 U.S.C. § 278a (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 278a: Use of appropriated funds for education in sectarian schools prohibited; exceptions
Use of appropriated funds for education in sectarian schools prohibited; exceptions
Status: in_force

Funds appropriated on and after March 30, 1968, to the Secretary of the Interior for the education of Indian children shall not be used for the education of such children in elementary and secondary education programs in sectarian schools. This prohibition shall not apply to the education of Indians in accredited institutions of higher education and in other accredited schools offering vocational and technical training, but no scholarship aid provided for an Indian student shall require him to attend an institution or school that is not of his own free choice, and such aid shall be, to the extent consistent with sound administration, extended to the student individually rather than to the institution or school.

(Pub. L. 90–280, §2, Mar. 30, 1968, 82 Stat. 71.)
25 U.S.C. § 788g (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIV: CREEK NATION OF INDIANS / Section 788g: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–506, §3, Sept. 21, 1968, 82 Stat. 859, which related to distribution of judgment funds to heirs of deceased enrollees, was omitted from the Code as being of special and not general application.
25 U.S.C. § 500l (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter VII: REINDEER INDUSTRY / Section 500l: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1937, ch. 897, §13, 50 Stat. 902, which directed Secretary, whenever practicable, to appoint natives to administer the industry, was omitted from the Code as being of special and not general application.
25 U.S.C. § 677l (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXVIII: UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD MEMBERS / Section 677l: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1009, §13, 68 Stat. 874, which related to distribution of assets to individual members of the mixed-blood group, was omitted from the Code as being of special and not general application.
25 U.S.C. § 500g (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter VII: REINDEER INDUSTRY / Section 500g: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1937, ch. 897, §8, 50 Stat. 901; Pub. L. 99–514, title XVII, §1709(a), Oct. 22, 1986, 100 Stat. 2783, which empowered Secretary to distribute reindeer, property, and profits to natives, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3803 (2024) — Title 25: INDIANS / Chapter 40: INDIAN DAMS SAFETY / Section 3803: Dam Safety Maintenance and Repair Program
Dam Safety Maintenance and Repair Program
Status: in_force

(a) Establishment

The Secretary shall establish a dam safety maintenance and repair program within the Bureau to ensure maintenance and monitoring of the condition of each dam identified pursuant to subsection (e) necessary to maintain the dam in a satisfactory condition on a long-term basis.

(b) Transfer of existing functions and personnel

All functions performed before August 23, 1994, pursuant to the Dam Safety Program established by the Secretary of the Interior by order dated February 28, 1980, and all Bureau of Indian Affairs personnel assigned to such program as of August 23, 1994, are hereby transferred to the Dam Safety Maintenance and Repair Program. Any reference in any law, regulation, executive order, reorganization plan, or delegation of authority to the Dam Safety Program is deemed to be a reference to the Dam Safety Maintenance and Repair Program.

(c) Rehabilitation

Under the Dam Safety Maintenance and Repair Program, the Secretary shall perform such rehabilitation work as is necessary to bring the dams identified pursuant to subsection (e) to a satisfactory condition. In addition, each dam located on Indian lands shall be regularly maintained pursuant to the Dam Safety Maintenance and Repair Program established pursuant to subsection (a).

(d) Maintenance action plan

The Secretary shall develop a maintenance action plan, which shall include a prioritization of actions to be taken, for those dams with a risk hazard rating of high or significant as identified pursuant to subsection (e).

(e) Identification of dams

(1) Development of list

The Secretary shall develop a comprehensive list of dams located on Indian lands that describes the dam safety condition classification of each dam, as specified in paragraph (2), the risk hazard classification of each dam, as specified in paragraph (3), and the conditions resulting from maintenance deficiencies.

(2) Dam safety condition classifications

The dam safety condition classification referred to in paragraph (1) is one of the following classifications:

(A) Satisfactory

No existing or potential dam safety deficiencies are recognized. Safe performance is expected under all anticipated conditions.

(B) Fair

No existing dam safety deficiencies are recognized for normal loading conditions. Infrequent hydrologic or seismic events would probably result in a dam safety deficiency.

(C) Conditionally poor

A potential dam safety deficiency is recognized for unusual loading conditions that may realistically occur during the expected life of the structure.

(D) Poor

A potential dam safety deficiency is clearly recognized for normal loading conditions. Immediate actions to resolve the deficiency are recommended; reservoir restrictions may be necessary until resolution of the problem.

(E) Unsatisfactory

A dam safety deficiency exists for normal loading conditions. Immediate remedial action is required for resolution of the problem.

(3) Risk hazard classification

The risk hazard classification referred to in paragraph (1) is one of the following classifications:

(A) High

Six or more lives would be at risk or extensive property damage could occur if the dam failed.

(B) Significant

Between one and six lives would be at risk or significant property damage could occur if the dam failed.

(C) Low

No lives would be at risk and limited property damage would occur if the dam failed.

(f) Limitation on program authorization

Work authorized by this chapter shall be for the purpose of dam safety maintenance and structural repair. The Secretary may authorize, upon request of an Indian tribe, up to 20 percent of the cost of repairs to be used to provide additional conservation storage capacity or developing benefits beyond those provided by the original dams and reservoirs. This chapter is not intended to preclude development of increased storage or benefits under any other authority or to preclude measures to protect fish and wildlife.

(g) Technical assistance

To carry out the purposes of this chapter, the Secretary may obtain technical assistance on a nonreimbursable basis from other departments and agencies. Notwithstanding any such technical assistance, the Dam Safety Maintenance and Repair Program established under subsection (a) shall be under the direction and control of the Bureau.

(h) Contract authority

In addition to any other authority established by law, the Secretary is authorized to contract with Indian tribes under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 1 to carry out the Dam Safety Maintenance and Repair Program established under this chapter.

(i) Annual report

The Secretary shall submit an annual report on the implementation of this chapter. The report shall include—

(1) the list of dams and their status on the maintenance action plan developed under this section; and

(2) the projected total cost and a schedule of the projected annual cost of rehabilitation or repair for each dam under this section.

The report shall be submitted at the time the budget is required to be submitted under section 1105 of title 31 to the Subcommittee on Native American Affairs of the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate.

(Pub. L. 103–302, §4, Aug. 23, 1994, 108 Stat. 1561; Pub. L. 104–109, §3, Feb. 12, 1996, 110 Stat. 764.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (h), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

Amendments

1996—Subsec. (h). Pub. L. 104–109 substituted "under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)" for "(under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))), as amended,".

Change of Name

Subcommittee on Native American Affairs changed to Subcommittee for Indigenous Peoples of the United States.

1 See References in Text note below.
25 U.S.C. § 704 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 704: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 13, 1954, ch. 733, §14, 68 Stat. 727, which revoked corporate charter of Confederated Tribes of Grand Ronde Community of Oregon and provided for termination of Federal power with regard to tribe, was omitted in view of Federal recognition and restoration of corporate charter of Confederated Tribes of Grand Ronde Community of Oregon by former section 713b of this title.
25 U.S.C. § 5611 (2024) — Title 25: INDIANS / Chapter 48: INDIAN TRUST ASSET REFORM / Subchapter II: INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT / Section 5611: Definitions
Definitions
Status: in_force

In this subchapter:

(1) Indian tribe

The term "Indian tribe" has the meaning given the term in the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).1

(2) Project

The term "Project" means the Indian trust asset management demonstration project established under section 5612(a) of this title.

(3) Secretary

The term "Secretary" means the Secretary of the Interior.

(Pub. L. 114–178, title II, §202, June 22, 2016, 130 Stat. 433.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in par. (1), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§5301 et seq.) of this title. Definitions of terms in the Act were contained in section 450b of this title, which was editorially reclassified as section 5304 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

1 See References in Text note below.
25 U.S.C. § 1772 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter VI: FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT / Section 1772: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 100–228, §2, Dec. 31, 1987, 101 Stat. 1556, which set out congressional findings and policy, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 100–228, §1, Dec. 31, 1987, 101 Stat. 1556, provided that Pub. L. 100–228, enacting this subchapter, could be cited as the "Seminole Indian Land Claims Settlement Act of 1987".
25 U.S.C. § 344a (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 344a: Repealed. Act Nov. 24, 1942, ch. 640, §4, 56 Stat. 1022
Repealed. Act Nov. 24, 1942, ch. 640, §4, 56 Stat. 1022
Status: repealed

Section, act June 25, 1910, ch. 431, §12, 36 Stat. 858, authorized Secretary of the Interior to investigate the allotment in the name of a deceased Indian and to recommend to Congress the cancellation of such Indian's patent if he died without heirs.
25 U.S.C. § 3663 (2024) — Title 25: INDIANS / Chapter 38A: INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE / Subchapter I: TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL LEGAL ASSISTANCE GRANTS / Section 3663: Tribal criminal assistance grants
Tribal criminal assistance grants
Status: in_force

Subject to the availability of appropriations, the Attorney General, in consultation with the Office of Tribal Justice, shall award grants to non-profit entities, as defined by section 501(c)(3) of title 26, which provide legal assistance services for Indian tribes, members of Indian tribes, or tribal justice systems pursuant to Federal poverty guidelines that submit an application to the Attorney General in such form and manner as the Attorney General may prescribe for the provision of defense counsel services to all defendants in tribal court criminal proceedings and prosecution and judicial services for tribal courts, and/or other purposes consistent with this chapter. Funding under this subchapter may apply to programs, procedures, or proceedings involving adult criminal actions, juvenile delinquency actions, and/or guardian-ad-litem appointments arising out of criminal or delinquency acts.

(Pub. L. 106–559, title I, §103, Dec. 21, 2000, 114 Stat. 2780; Pub. L. 111–211, title II, §242(b)(2), July 29, 2010, 124 Stat. 2292.)

Editorial Notes

Amendments

2010—Pub. L. 111–211 substituted "defense counsel services to all defendants in tribal court criminal proceedings and prosecution and judicial services for tribal courts" for "criminal legal assistance to members of Indian tribes and tribal justice systems".
25 U.S.C. § 3402 (2024) — Title 25: INDIANS / Chapter 36: INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES / Section 3402: Definitions
Definitions
Status: in_force

For the purposes of this chapter, the following definitions apply:

(1) Federal agency

The term "federal 1 agency" has the same meaning given the term "agency" in section 551(1) of title 5.

(2) Indian tribe

(A) In general

The terms "Indian tribe" and "tribe" have the meaning given the term "Indian tribe" in section 5304 of this title.

(B) Inclusion

The term "Indian tribe" includes tribal organizations (as defined in section 5304 of this title).

(3) Indian

The term "Indian" shall have the meaning given such term in section 5304(d) of this title.

(4) Program

The term "program" means a program described in section 3404(a) of this title.

(5) Secretary

Except where otherwise provided, the term "Secretary" means the Secretary of the Interior.

(Pub. L. 102–477, §3, Oct. 23, 1992, 106 Stat. 2302; Pub. L. 106–568, title XI, §1103(a), Dec. 27, 2000, 114 Stat. 2931; Pub. L. 115–93, §4, Dec. 18, 2017, 131 Stat. 2026.)

Editorial Notes

Amendments

2017—Par. (2). Pub. L. 115–93, §4(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "The terms 'Indian tribe' and 'tribe' shall have the meaning given the term 'Indian tribe' in section 5304(e) of this title."

Pars. (4), (5). Pub. L. 115–93, §4(2), (3), added par. (4) and redesignated former par. (4) as (5).

2000—Pub. L. 106–568 added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively.

1 So in original. Probably should be capitalized.
25 U.S.C. § 2715 (2024) — Title 25: INDIANS / Chapter 29: INDIAN GAMING REGULATION / Section 2715: Subpoena and deposition authority
Subpoena and deposition authority
Status: in_force

(a) Attendance, testimony, production of papers, etc.

By a vote of not less than two members, the Commission shall have the power to require by subpoena the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter under consideration or investigation. Witnesses so summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

(b) Geographical location

The attendance of witnesses and the production of books, papers, and documents, may be required from any place in the United States at any designated place of hearing. The Commission may request the Secretary to request the Attorney General to bring an action to enforce any subpoena under this section.

(c) Refusal of subpoena; court order; contempt

Any court of the United States within the jurisdiction of which an inquiry is carried on may, in case of contumacy or refusal to obey a subpoena for any reason, issue an order requiring such person to appear before the Commission (and produce books, papers, or documents as so ordered) and give evidence concerning the matter in question and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(d) Depositions; notice

A Commissioner may order testimony to be taken by deposition in any proceeding or investigation pending before the Commission at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Commission and having power to administer oaths. Reasonable notice must first be given to the Commission in writing by the party or his attorney proposing to take such deposition, and, in cases in which a Commissioner proposes to take a deposition, reasonable notice must be given. The notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce books, papers, or documents, in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before the Commission, as hereinbefore provided.

(e) Oath or affirmation required

Every person deposing as herein provided shall be cautioned and shall be required to swear (or affirm, if he so requests) to testify to the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. All depositions shall be promptly filed with the Commission.

(f) Witness fees

Witnesses whose depositions are taken as authorized in this section, and the persons taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

(Pub. L. 100–497, §16, Oct. 17, 1988, 102 Stat. 2483.)
25 U.S.C. § 3012 (2024) — Title 25: INDIANS / Chapter 32: NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION / Section 3012: Authorization of appropriations
Authorization of appropriations
Status: in_force

There is authorized to be appropriated such sums as may be necessary to carry out this chapter.

(Pub. L. 101–601, §14, Nov. 16, 1990, 104 Stat. 3058.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, known as the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.
25 U.S.C. § 5635 (2024) — Title 25: INDIANS / Chapter 48: INDIAN TRUST ASSET REFORM / Subchapter III: IMPROVING EFFICIENCY AND STREAMLINING PROCESSES / Section 5635: Appraisals and valuations
Appraisals and valuations
Status: in_force

(a) In general

Notwithstanding section 5634 of this title, not later than 18 months after June 22, 2016, the Secretary, in consultation with Indian tribes and tribal organizations, shall ensure that appraisals and valuations of Indian trust property are administered by a single bureau, agency, or other administrative entity within the Department.

(b) Minimum qualifications

Not later than 1 year after June 22, 2016, the Secretary shall establish and publish in the Federal Register minimum qualifications for individuals to prepare appraisals and valuations of Indian trust property.

(c) Secretarial approval

In any case in which an Indian tribe or Indian beneficiary submits to the Secretary an appraisal or valuation that satisfies the minimum qualifications described in subsection (b), and that submission acknowledges the intent of the Indian tribe or beneficiary to have the appraisal or valuation considered under this section, the appraisal or valuation—

(1) shall not require any additional review or approval by the Secretary; and

(2) shall be considered to be final for purposes of effectuating the transaction for which the appraisal or valuation is required.

(Pub. L. 114–178, title III, §305, June 22, 2016, 130 Stat. 441.)
25 U.S.C. § 1144 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LVI: EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF JUDGMENT FUND / Section 1144: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–93, §4, Sept. 27, 1967, 81 Stat. 229, which directed the Secretary of the Interior to apportion the judgment funds among the tribal groups based proportionally on the number of enrollees of each group, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5373 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter IV: TRIBAL SELF-GOVERNANCE-DEPARTMENT OF THE INTERIOR / Section 5373: Regulations
Regulations
Status: in_force

(a) In general

(1) Promulgation

Not later than 90 days after October 21, 2020, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this subchapter.

(2) Publication of proposed regulations

Proposed regulations to implement this subchapter shall be published in the Federal Register not later than 38 months after October 21, 2020.

(3) Expiration of authority

The authority to promulgate regulations under paragraph (1) shall expire on the date that is 50 months after October 21, 2020.

(b) Committee

(1) Membership

A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this section shall have as its members only representatives of the Federal Government and Tribal government.

(2) Lead agency

Among the Federal representatives described in paragraph (1), the Office of Self-Governance shall be the lead agency for the Department.

(c) Adaptation of procedures

The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian Tribes.

(d) Effect

(1) Repeal

The Secretary may repeal any regulation that is inconsistent with this chapter.

(2) Conflicting provisions

Subject to section 101(a) of the PROGRESS for Indian Tribes Act and except with respect to programs described under section 5363(c) of this title, this subchapter shall supersede any conflicting provision of law (including any conflicting regulations).

(3) Effectiveness without regard to regulations

The lack of promulgated regulations on an issue shall not limit the effect or implementation of this subchapter.

(Pub. L. 93–638, title IV, §413, as added Pub. L. 116–180, title I, §101(e), Oct. 21, 2020, 134 Stat. 877; amended Pub. L. 118–15, div. B, title I, §2102, Sept. 30, 2023, 137 Stat. 82.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (d)(1), was in the original "this Act", meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

Section 101(a) of the PROGRESS for Indian Tribes Act, referred to in subsec. (d)(2), is section 101(a) of Pub. L. 116–180, which is set out as a note under section 5361 of this title.

Prior Provisions

Provisions similar to those in this section were contained in section 5367 of this title prior to repeal by Pub. L. 116–180.

Amendments

2023—Subsec. (a)(2). Pub. L. 118–15, §2102(1), substituted "38 months" for "21 months".

Subsec. (a)(3). Pub. L. 118–15, §2102(2), substituted "50 months" for "30 months".
25 U.S.C. § 3108 (2024) — Title 25: INDIANS / Chapter 33: NATIONAL INDIAN FOREST RESOURCES MANAGEMENT / Section 3108: Secretarial recognition of tribal laws
Secretarial recognition of tribal laws
Status: in_force

Subject to the Secretary's responsibilities as reflected in sections 3101(2) and 3102(1) of this title and unless otherwise prohibited by Federal statutory law, the Secretary shall comply with tribal laws pertaining to Indian forest lands, including laws regulating the environment or historic or cultural preservation, and shall cooperate with the enforcement of such laws on Indian forest lands. Such cooperation shall include—

(1) assistance in the enforcement of such laws;

(2) provision of notice of such laws to persons or entities undertaking activities on Indian forest lands; and

(3) upon the request of an Indian tribe, the appearance in tribal forums.

(Pub. L. 101–630, title III, §309, Nov. 28, 1990, 104 Stat. 4538.)
25 U.S.C. § 443 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter I: GENERAL PROVISIONS / Section 443: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 443 was editorially reclassified as section 1546 of this title.
25 U.S.C. § 3202 (2024) — Title 25: INDIANS / Chapter 34: INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION / Section 3202: Definitions
Definitions
Status: in_force

For the purposes of this chapter, the term—

(1) "Bureau" means the Bureau of Indian Affairs of the Department of the Interior;

(2) "child" means an individual who—

(A) is not married, and

(B) has not attained 18 years of age;

(3) "child abuse" includes but is not limited to—

(A) in any case in which—

(i)(I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and

(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or

(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; and

(B) any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;

(4) "child neglect" includes but is not limited to, negligent treatment or maltreatment of a child by a person, including a person responsible for the child's welfare, under circumstances which indicate that the child's health or welfare is harmed or threatened thereby;

(5) "family violence" means any act, or threatened act, of violence, including any forceful detention of an individual, which—

(A) results, or threatens to result, in physical or mental injury, and

(B) is committed by an individual against another individual—

(i) to whom such person is, or was, related by blood or marriage or otherwise legally related, or

(ii) with whom such person is, or was, residing;

(6) "Indian" means any individual who is a member of an Indian tribe;

(7) "Indian child" has the meaning given to such term by section 1903(4) of this title;

(8) "Indian country" has the meaning given to such term by section 1151 of title 18;

(9) "Indian reservation" means any Indian reservation, public domain Indian allotment, former Indian reservation in Oklahoma, or lands held by incorporated Native groups, regional corporations, or village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);

(10) "Indian tribe" and "tribal organization" have the respective meanings given to each of such terms under section 5304 of this title;

(11) "inter-tribal consortium" means a partnership between—

(A) an Indian tribe or tribal organization of an Indian tribe, and

(B) one or more Indian tribes or tribal organizations of one or more other Indian tribes;

(12) "local child protective services agency" means that agency of the Federal Government, of a State, or of an Indian tribe that has the primary responsibility for child protection on any Indian reservation or within any community in Indian country;

(13) "local law enforcement agency" means that Federal, tribal, or State law enforcement agency that has the primary responsibility for the investigation of an instance of alleged child abuse within the portion of Indian country involved;

(14) "persons responsible for a child's welfare" means any person who has legal or other recognized duty for the care and safety of a child, including—

(A) any employee or volunteer of a children's residential facility, and

(B) any person providing out-of-home care, education, or services to children;

(15) "related assistance"—

(A) includes counseling and self-help services to abusers, victims, and dependents in family violence situations (which shall include counseling of all family members to the extent feasible) and referrals for appropriate health-care services (including alcohol and drug abuse treatment), and

(B) may include food, clothing, child care, transportation, and emergency services for victims of family violence and their dependents;

(16) "Secretary" means the Secretary of the Interior;

(17) "shelter" means the provision of temporary refuge and related assistance in compliance with applicable Federal and tribal laws and regulations governing the provision, on a regular basis, of shelter, safe homes, meals, and related assistance to victims of family violence or their dependents; and

(18) "Service" means the Indian Health Service of the Department of Health and Human Services.

(Pub. L. 101–630, title IV, §403, Nov. 28, 1990, 104 Stat. 4545; Pub. L. 118–160, §2(1), Dec. 23, 2024, 138 Stat. 2567.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this title", meaning title IV of Pub. L. 101–630, Nov. 28, 1990, 104 Stat. 4544, known as the Indian Child Protection and Family Violence Prevention Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 3201 of this title and Tables.

The Alaska Native Claims Settlement Act, referred to in par. (9), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Amendments

2024—Par. (3)(A). Pub. L. 118–160 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "any case in which—

"(i) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, and

"(ii) such condition is not justifiably explained or may not be the product of an accidental occurrence; and".
25 U.S.C. § 1246 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXVI: PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF JUDGMENT FUND / Section 1246: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–59, §6, July 29, 1971, 85 Stat. 159, which exempted funds distributed per capita under the provisions of this subchapter from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4024 (2024) — Title 25: INDIANS / Chapter 42: AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM / Subchapter II: INDIAN TRUST FUND MANAGEMENT PROGRAM / Section 4024: Technical assistance
Technical assistance
Status: in_force

The Secretary shall—

(1) directly or by contract, provide Indian tribes with technical assistance in developing, implementing, and managing Indian trust fund investment plans; and

(2) among other things, ensure that legal, financial, and other expertise of the Department of the Interior has been made fully available in an advisory capacity to the Indian tribes to assist in the development, implementation, and management of investment plans.

(Pub. L. 103–412, title II, §204, Oct. 25, 1994, 108 Stat. 4243.)
25 U.S.C. § 3009 (2024) — Title 25: INDIANS / Chapter 32: NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION / Section 3009: Savings provision
Savings provision
Status: in_force

Nothing in this chapter shall be construed to—

(1) limit the authority of any Federal agency or museum to—

(A) return or repatriate Native American cultural items to Indian tribes, Native Hawaiian organizations, or individuals, and

(B) enter into any other agreement with the consent of the culturally affiliated tribe or organization as to the disposition of, or control over, items covered by this chapter;

(2) delay actions on repatriation requests that are pending on November 16, 1990;

(3) deny or otherwise affect access to any court;

(4) limit any procedural or substantive right which may otherwise be secured to individuals or Indian tribes or Native Hawaiian organizations; or

(5) limit the application of any State or Federal law pertaining to theft or stolen property.

(Pub. L. 101–601, §11, Nov. 16, 1990, 104 Stat. 3057.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, known as the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.
25 U.S.C. § 4302 (2024) — Title 25: INDIANS / Chapter 44: NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND TOURISM / Section 4302: Definitions
Definitions
Status: in_force

In this chapter:

(1) Director

The term "Director" means the Director of Native American Business Development appointed pursuant to section 4303(a)(2) of this title.

(2) Eligible entity

The term "eligible entity" means an Indian Tribe or Tribal organization, an Indian arts and crafts organization, as that term is defined in section 305a of this title, a Tribal enterprise, a Tribal marketing cooperative (as that term is defined by the Secretary, in consultation with the Secretary of the Interior), or any other Indian-owned business.

(3) Indian

The term "Indian" has the meaning given that term in section 5304(d) of this title.

(4) Indian goods and services

The term "Indian goods and services" means—

(A) Indian goods, within the meaning of section 305a of this title;

(B) goods produced or originated by an eligible entity; and

(C) services provided by eligible entities.

(5) Indian lands

(A) In general

The term "Indian lands" includes lands under the definition of—

(i) the term "Indian country" under section 1151 of title 18; or

(ii) the term "reservation" under—

(I) section 1452(d) of this title; or

(II) section 1903(10) of this title.

(B) Former Indian reservations in Oklahoma

For purposes of applying section 1452(d) of this title under subparagraph (A)(ii), the term "former Indian reservations in Oklahoma" shall be construed to include lands that are—

(i) within the jurisdictional areas of an Oklahoma Indian Tribe (as determined by the Secretary of the Interior); and

(ii) recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on November 7, 2000).

(6) Indian-owned business

The term "Indian-owned business" means an entity organized for the conduct of trade or commerce with respect to which at least 50 percent of the property interests of the entity are owned by Indians or Indian Tribes (or a combination thereof).

(7) Indian Tribe

The term "Indian Tribe" has the meaning given the term "Indian tribe" in section 5304(e) of this title.

(8) Office

The term "Office" means the Office of Native American Business Development established by section 4303(a)(1) of this title.

(9) Secretary

The term "Secretary" means the Secretary of Commerce.

(10) Tribal enterprise

The term "Tribal enterprise" means a commercial activity or business managed or controlled by an Indian Tribe.

(11) Tribal organization

The term "Tribal organization" has the meaning given that term in section 5304(l) of this title.

(Pub. L. 106–464, §3, Nov. 7, 2000, 114 Stat. 2013; Pub. L. 116–261, §3(b), (e), Dec. 30, 2020, 134 Stat. 3307, 3311.)

Editorial Notes

Amendments

2020—Par. (1). Pub. L. 116–261, §3(e)(1)(A), which directed substitution of "Tribe" for "tribe" in par. (1), could not be executed because the term "tribe" does not appear. See below.

Pub. L. 116–261, §3(b)(2), added par. (1). Former par. (1) redesignated (2).

Par. (2). Pub. L. 116–261, §3(e)(3), substituted "Tribal" for "tribal" wherever appearing.

Pub. L. 116–261, §3(e)(1)(A), which directed substitution of "Tribe" for "tribe" in par. (1), was executed by making the substitution in par. (2) in light of the intervening amendment by Pub. L. 116–261, §3(b)(1), redesignating former par. (1) as (2), to reflect the probable intent of Congress. See below.

Pub. L. 116–261, §3(b)(1), redesignated par. (1) as (2). Former par. (2) redesignated (3).

Par. (3). Pub. L. 116–261, §3(b)(1), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Par. (4). Pub. L. 116–261, §3(e)(1)(A), which directed substitution of "Tribe" for "tribe" in par. (4), could not be executed because the term "tribe" does not appear. See below.

Pub. L. 116–261, §3(b)(1), redesignated par. (3) as (4). Former par. (4) redesignated (5).

Par. (5). Pub. L. 116–261, §3(b)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Par. (5)(B)(i). Pub. L. 116–261, §3(e)(1)(A), which directed substitution of "Tribe" for "tribe" in par. (4), was executed by making the substitution in par. (5)(B)(i), in light of the intervening amendment by Pub. L. 116–261, §3(b)(1), redesignating former par. (4) as (5), to reflect the probable intent of Congress. See above.

Par. (6). Pub. L. 116–261, §3(e)(2), substituted "Tribes" for "tribes".

Pub. L. 116–261, §3(e)(1)(B), which directed substitution of "The term 'Indian Tribe' has the meaning given the term 'Indian tribe' " for "The term 'Indian tribe' has the meaning given that term" in par. (6), could not be executed because the phrase "The term 'Indian tribe' has the meaning given that term" does not appear. See below.

Pub. L. 116–261, §3(b)(1), redesignated par. (5) as (6). Former par. (6) redesignated (7).

Par. (7). Pub. L. 116–261, §3(e)(1)(B), which directed substitution of "The term 'Indian Tribe' has the meaning given the term 'Indian tribe' " for "The term 'Indian tribe' has the meaning given that term" in par. (6), was executed by making the substitution in par. (7) in light of the intervening amendment by Pub. L. 116–261, §3(b)(1), redesignating former par. (6) as (7), to reflect the probable intent of Congress. See below.

Pub. L. 116–261, §3(b)(1), redesignated par. (6) as (7). Former par. (7) redesignated (9).

Par. (8). Pub. L. 116–261, §3(e)(1)(A), which directed substitution of "Tribe" for "tribe" in par. (8), could not be executed because the term "tribe" does not appear. See below.

Pub. L. 116–261, §3(b)(3), added par. (8). Former par. (8) redesignated (10).

Par. (9). Pub. L. 116–261, §3(b)(1), redesignated par. (7) as (9). Former par. (9) redesignated (11).

Par. (10). Pub. L. 116–261, §3(e)(3), substituted "Tribal" for "tribal".

Pub. L. 116–261, §3(e)(1)(A), which directed substitution of "Tribe" for "tribe" in par. (8), was executed by making the substitution in par. (10) in light of the intervening amendment by Pub. L. 116–261, §3(b)(1), redesignating former par. (8) as (10), to reflect the probable intent of Congress. See below.

Pub. L. 116–261, §3(b)(1), redesignated par. (8) as (10).

Par. (11). Pub. L. 116–261, §3(e)(3), substituted "Tribal" for "tribal".

Pub. L. 116–261, §3(b)(1), redesignated par. (9) as (11).
25 U.S.C. § 458cc (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter II: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 458cc: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 458cc was editorially reclassified as section 5363 of this title.
25 U.S.C. § 1680p (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter VI: MISCELLANEOUS / Section 1680p: Annual budget submission
Annual budget submission
Status: in_force

Effective beginning with the submission of the annual budget request to Congress for fiscal year 2011, the President shall include, in the amount requested and the budget justification, amounts that reflect any changes in—

(1) the cost of health care services, as indexed for United States dollar inflation (as measured by the Consumer Price Index); and

(2) the size of the population served by the Service.

(Pub. L. 94–437, title VIII, §826, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 826 of Pub. L. 94–437 is based on section 195 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.
25 U.S.C. § 772 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIII: INDIAN TRIBES OF OREGON / Section 772: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 30, 1954, ch. 1085, §2, 68 Stat. 979, which authorized per capita payments to tribal members for certain judgments against the United States and exempted such payments from Federal tax, was omitted from the Code as being of special and not general application.
25 U.S.C. § 911 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLII: QUAPAW TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 911: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 86–97, §1, July 17, 1959, 73 Stat. 221, which related to membership roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 500d (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter VII: REINDEER INDUSTRY / Section 500d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1937, ch. 897, §5, 50 Stat. 900, which empowered Secretary to receive and expand loans, grants, or allocations for purposes of this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 675 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXVII: UTE INDIANS OF UTAH / Section 675: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 12, 1953, ch. 406, §2, 67 Stat. 540, which prohibited use of funds authorized to be expended or advanced pursuant to former section 674 of this title for the payment of agents' or attorneys' fees, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1932 (2024) — Title 25: INDIANS / Chapter 21: INDIAN CHILD WELFARE / Subchapter II: INDIAN CHILD AND FAMILY PROGRAMS / Section 1932: Grants for off-reservation programs for additional services
Grants for off-reservation programs for additional services
Status: in_force

The Secretary is also authorized to make grants to Indian organizations to establish and operate off-reservation Indian child and family service programs which may include, but are not limited to—

(1) a system for regulating, maintaining, and supporting Indian foster and adoptive homes, including a subsidy program under which Indian adoptive children may be provided support comparable to that for which they would be eligible as Indian foster children, taking into account the appropriate State standards of support for maintenance and medical needs;

(2) the operation and maintenance of facilities and services for counseling and treatment of Indian families and Indian foster and adoptive children;

(3) family assistance, including homemaker and home counselors, day care, afterschool care, and employment, recreational activities, and respite care; and

(4) guidance, legal representation, and advice to Indian families involved in child custody proceedings.

(Pub. L. 95–608, title II, §202, Nov. 8, 1978, 92 Stat. 3076.)
25 U.S.C. § 2904 (2024) — Title 25: INDIANS / Chapter 31: NATIVE AMERICAN LANGUAGES / Section 2904: No restrictions
No restrictions
Status: in_force

The right of Native Americans to express themselves through the use of Native American languages shall not be restricted in any public proceeding, including publicly supported education programs.

(Pub. L. 101–477, title I, §105, Oct. 30, 1990, 104 Stat. 1155.)
25 U.S.C. § 972 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLVI: PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL SUPERVISION / Section 972: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 87–629, §2, Sept. 5, 1962, 76 Stat. 429, which related to personal property rights of tribe members and restrictions thereon, was omitted from the Code as being of special and not general application.
25 U.S.C. § 375 (2024) — Title 25: INDIANS / Chapter 10: DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE / Section 375: Determination of heirship of deceased members of Five Civilized Tribes
Determination of heirship of deceased members of Five Civilized Tribes
Status: in_force

A determination of the question of fact as to who are the heirs of any deceased citizen allottee of the Five Civilized Tribes of Indians who may die or may have heretofore died, leaving restricted heirs, by the probate court of the State of Oklahoma having jurisdiction to settle the estate of said deceased, conducted in the manner provided by the laws of said State for the determination of heirship in closing up the estates of deceased persons, shall be conclusive of said question: Provided, That an appeal may be taken in the manner and to the court provided by law, in cases of appeal in probate matters generally: Provided further, That where the time limited by the laws of said State for the institution of administration proceedings has elapsed without their institution, as well as in cases where there exists no lawful ground for the institution of administration proceedings in said courts, a petition may be filed therein having for its object a determination of such heirship and the case shall proceed in all respects as if administration proceedings upon other proper grounds had been regularly begun, but this proviso shall not be construed to reopen the question of the determination of an heirship already ascertained by competent legal authority under existing laws: Provided further, That said petition shall be verified, and in all cases arising hereunder service by publication may be had on all unknown heirs, the service to be in accordance with the method of serving nonresident defendants in civil suits in the district courts of said State; and if any person so served by publication does not appear and move to be heard within six months from the date of the final order, he shall be concluded equally with parties personally served or voluntarily appearing.

(June 14, 1918, ch. 101, §1, 40 Stat. 606.)

Statutory Notes and Related Subsidiaries

Administration Expenses; Compensation; Restriction on Use of Funds; Appeal

Act June 30, 1919, ch. 4, §18, 41 Stat. 21, appropriated $205,000 for expenses of administration of the affairs of the Five Civilized Tribes, Oklahoma, and the compensation of employees, prohibited any part of the appropriation from being used in forwarding the undisputed claims to be paid from individual moneys of restricted allottees, or their heirs, or in forwarding uncontested agricultural and mineral leases (excluding oil and gas leases) made by individual restricted Indian allottees, or their heirs, to the Secretary of the Interior for approval, provided that all such undisputed claims or uncontested leases (except oil and gas leases) required to be approved under existing law by the Secretary of the Interior shall be paid, approved, rejected or disapproved by the Superintendent for the Five Civilized Tribes of Oklahoma and authorized an appeal within thirty days by party aggrieved by any decision or order of the Superintendent for the Five Civilized Tribes of Oklahoma to the Secretary of the Interior.
25 U.S.C. § 584 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XV: SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 584: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–206, §4, Dec. 18, 1971, 85 Stat. 737, which related to apportionment of remaining funds between the Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone Tribe of the Wind River Reservation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3322 (2024) — Title 25: INDIANS / Chapter 35: INDIAN HIGHER EDUCATION PROGRAMS / Subchapter II: CRITICAL NEEDS FOR TRIBAL DEVELOPMENT / Section 3322: Definitions
Definitions
Status: in_force

As used in this subchapter:

(1) The term "federally funded higher education assistance" means any grant assistance provided to an Indian student from funds made available for such purpose by contract or grant to an Indian tribe from amounts appropriated under the authority of section 13 of this title.

(2) The term "eligible Indian tribe or tribal organization" means any Indian tribe or tribal organization that qualifies to administer federally funded higher education assistance under a contract pursuant to the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] or under a grant pursuant to subchapter I of this chapter.

(3) The term "Indian" has the meaning given such term in section 4(d) of the Indian Self Determination and Education Assistance Act [25 U.S.C. 5304(d)].

(Pub. L. 102–325, title XIII, §1322, July 23, 1992, 106 Stat. 803.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in par. (2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
25 U.S.C. § 5309 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 5309: Use of excess funds
Use of excess funds
Status: in_force

Beginning in fiscal year 1998 and thereafter, where the actual costs of construction projects under self-determination contracts, compacts, or grants, pursuant to Public Laws 93–638, 103–413, or 100–297, are less than the estimated costs thereof, use of the resulting excess funds shall be determined by the appropriate Secretary after consultation with the tribes.

(Pub. L. 105–83, title III, §310, Nov. 14, 1997, 111 Stat. 1590.)

Editorial Notes

References in Text

Public Law 93–638, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

Public Law 103–413, referred to in text, is Pub. L. 103–413, Oct. 25, 1994, 108 Stat. 4250, known as the Indian Self-Determination Act Amendments of 1994, which is classified principally to subchapter IV (§5361 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 5301 of this title and Tables.

Public Law 100–297, referred to in text, is Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 130, known as the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under section 6301 of Title 20, Education, and Tables.

Codification

Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1998, and not as part of the Indian Self-Determination and Education Assistance Act which comprises this chapter.

Section was formerly classified to section 450e–2 of this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 104–208, div. A, title I, §101(d) [title III, §310], Sept. 30, 1996, 110 Stat. 3009–181, 3009–221.

Pub. L. 104–134, title I, §101(c) [title III, §310], Apr. 26, 1996, 110 Stat. 1321–156, 1321–197; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.
25 U.S.C. § 962 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLV: OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 962: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 87–235, §2, Sept. 14, 1961, 75 Stat. 508, which directed that roll prepared pursuant to former section 961 of this title would constitute membership as of Sept. 14, 1961, and provided for enrollment of children born after such date, was omitted from the Code as being of special and not general application.