25 U.S.C. § 4240 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4240: Review and audit by Secretary
Review and audit by Secretary
Status: in_force

(a) Annual review

(1) In general

The Secretary shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether—

(A) the Director has—

(i) carried out eligible activities under this subchapter in a timely manner;

(ii) carried out and made certifications in accordance with the requirements and the primary objectives of this subchapter and with other applicable laws; and

(iii) a continuing capacity to carry out the eligible activities in a timely manner;

(B) the Director has complied with the housing plan submitted by the Director under section 4223 of this title; and

(C) the performance reports of the Department under section 4240 1 of this title are accurate.

(2) Onsite visits

Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development.

(b) Report by Secretary

The Secretary shall give the Department of Hawaiian Home Lands not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department.

(c) Effect of reviews

The Secretary may make appropriate adjustments in the amount of annual grants under this subchapter in accordance with the findings of the Secretary pursuant to reviews and audits under this section. The Secretary may adjust, reduce, or withdraw grant amounts, or take other action as appropriate in accordance with the reviews and audits of the Secretary under this section, except that grant amounts already expended on affordable housing activities may not be recaptured or deducted from future assistance provided to the Department of Hawaiian Home Lands.

(Pub. L. 104–330, title VIII, §821, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2894, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2988.)

Editorial Notes

Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted identical sections 821 of Pub. L. 104–330. This section is based on the text of section 821 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.

1 So in original. Probably should be section "4239".
25 U.S.C. § 1164 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LVIII: CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1164: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–117, §4, Oct. 31, 1967, 81 Stat. 338, which related to claims by living enrollees or by the heirs or legatees of deceased enrollees for per capita shares, was omitted from the Code as being of special and not general application.
25 U.S.C. § 677z (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 677z: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1009, §27, 68 Stat. 878, which authorized the Secretary of the Interior to issue rules and regulations necessary to effectuate the purposes of this subchapter and allowed the Secretary to provide for tribal or group referenda on matters pertaining to management or disposition of tribal or group assets, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1647c (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter III: HEALTH FACILITIES / Section 1647c: General exceptions
General exceptions
Status: in_force

The requirements of this subchapter shall not apply to any excepted benefits described in paragraph (1)(A) or (3) of section 300gg–91(c) of title 42.

(Pub. L. 94–437, title IV, §410, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 410 of Pub. L. 94–437 is based on section 158 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. § 1752 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter IV: CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT / Section 1752: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–134, §3, Oct. 18, 1983, 97 Stat. 852, which set out definitions for this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 553 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XI: KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY / Section 553: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act June 1, 1938, ch. 310, §3, 52 Stat. 605, which related to deposit and expenditure of payments, was omitted from the Code as being of special and not general application.
25 U.S.C. § 178 (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 178: Fees on behalf of Indian parties in contests under public land laws
Fees on behalf of Indian parties in contests under public land laws
Status: in_force

In contests initiated by or against Indians, to an entry, filing or other claims, under the laws of Congress relating to public lands for any sufficient cause affecting the legality or validity of the entry, filing or claim, the fees to be paid by and on behalf of the Indian party in any case shall be one-half of the fees provided by law in such cases, and said fees shall be paid by the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, on an account stated by the proper land officers through the Secretary of the Interior or such officer as he may designate.

(Mar. 3, 1893, ch. 209, §1, 27 Stat. 631; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

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.

"Secretary of the Interior or such officer as he may designate" substituted in text for "Commissioner of the General Land Office" on authority of section 403(d) and (e) of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, which abolished office of Commissioner of General Land Office and transferred functions of General Land Office to Secretary of the Interior or such officers and agencies of Department of the Interior as he may designate.
25 U.S.C. § 2811 (2024) — Title 25: INDIANS / Chapter 30: INDIAN LAW ENFORCEMENT REFORM / Section 2811: Native American Issues Coordinator
Native American Issues Coordinator
Status: in_force

(a) Establishment

There is established in the Executive Office for United States Attorneys of the Department of Justice a position to be known as the "Native American Issues Coordinator".

(b) Duties

The Native American Issues Coordinator shall—

(1) coordinate with the United States Attorneys that have authority to prosecute crimes in Indian country;

(2) coordinate prosecutions of crimes of national significance in Indian country, as determined by the Attorney General;

(3) coordinate as necessary with other components of the Department of Justice and any relevant advisory groups to the Attorney General or the Deputy Attorney General; and

(4) carry out such other duties as the Attorney General may prescribe.

(Pub. L. 101–379, §14, as added Pub. L. 111–211, title II, §214(b), July 29, 2010, 124 Stat. 2271.)
25 U.S.C. § 953 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIV: AGUA CALIENTE (PALM SPRINGS) RESERVATION OF CALIFORNIA: EQUALIZATION OF ALLOTMENTS / Section 953: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 86–339, §3, Sept. 21, 1959, 73 Stat. 602; Pub. L. 105–308, §4(a), Oct. 30, 1998, 112 Stat. 2934, which related to determination of value of unallotted and allotted lands and equalization of value of allotments and designated certain lands not subject to allotment as tribal reserves, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1917 (2024) — Title 25: INDIANS / Chapter 21: INDIAN CHILD WELFARE / Subchapter I: CHILD CUSTODY PROCEEDINGS / Section 1917: Tribal affiliation information and other information for protection of rights from tribal relationship; application of subject of adoptive placement; disclosure by court
Tribal affiliation information and other information for protection of rights from tribal relationship; application of subject of adoptive placement; disclosure by court
Status: in_force

Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement, the court which entered the final decree shall inform such individual of the tribal affiliation, if any, of the individual's biological parents and provide such other information as may be necessary to protect any rights flowing from the individual's tribal relationship.

(Pub. L. 95–608, title I, §107, Nov. 8, 1978, 92 Stat. 3073.)
25 U.S.C. § 412 (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 412: Payment of taxes from share of allottee in tribal funds
Payment of taxes from share of allottee in tribal funds
Status: in_force

In any case where the restrictions as to alienation have been removed with respect to any Indian allottee, or as to any portion of the lands of any Indian allottee, and such allottee as an individual, or as a member of any tribe, has an interest in any fund held by the United States beyond the amount by law chargeable to such Indian or tribe on account of advances, the Commissioner of Indian Affairs is authorized, prior to the date at which any penalties for the nonpayment of taxes would accrue under the laws of the State or Territory in which such land is situated, to pay such taxes and charge the amount thereof to such allottee, to be deducted from the share of such allottee in the final distribution or payment to him from such fund: Provided, That no such payment shall be made by said Commissioner where it is in excess of the amount which will ultimately be due said allottee.

(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. § 771 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIII: INDIAN TRIBES OF OREGON / Section 771: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 30, 1954, ch. 1085, §1, 68 Stat. 979, which related to enrollment of descendants and determination of eligibility, was omitted from the Code as being of special and not general application.
25 U.S.C. § 199 (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 199: Access to records of Five Civilized Tribes
Access to records of Five Civilized Tribes
Status: in_force

The Secretary of the Interior, or his accredited representative, shall at all times have access to any books and records of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes, whether in possession of any of the officers of either of said tribes or any officer or custodian thereof, of the State of Oklahoma.

(Mar. 1, 1907, ch. 2285, 34 Stat. 1027.)

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. § 421 (2024) — Title 25: INDIANS / Chapter 13: CEDED INDIAN LANDS / Section 421: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 421, act May 17, 1900, ch. 479, §1, 31 Stat. 179, which provided for free homesteads to settlers, commutation rights, and payments to Indians, was transferred to section 179 of Title 43, Public Lands.
25 U.S.C. § 1759 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter IV: CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT / Section 1759: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–134, §10, Oct. 18, 1983, 97 Stat. 856, which provided for a general discharge and release of the State of Connecticut, was omitted from the Code as being of special and not general application.
25 U.S.C. § 935 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIII: CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF ASSETS / Section 935: Repealed. Pub. L. 103-116, §4(c), Oct. 27, 1993, 107 Stat. 1121
Repealed. Pub. L. 103-116, §4(c), Oct. 27, 1993, 107 Stat. 1121
Status: repealed

Section, Pub. L. 86–322, §5, Sept. 21, 1959, 73 Stat. 593, related to revocation of tribal constitution, termination of Federal services, application of Federal and State laws, and effect on citizenship status.
25 U.S.C. § 531 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter IX: KLAMATH TRIBE: CAPITAL RESERVE FUND / Section 531: Repealed. Aug. 13, 1954, ch. 732, §12, 68 Stat. 721
Repealed. Aug. 13, 1954, ch. 732, §12, 68 Stat. 721
Status: repealed

Sections 531 to 535, act Aug. 28, 1937, ch. 874, §§2–6, 50 Stat. 872, 873, related to revolving loan fund.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Act Aug. 13, 1954, ch. 732, §12, 68 Stat. 721, provided that the repeal is effective on the date of the transfer of title to tribal property to a trustee, corporation, or other legal entity pursuant to former section 564e of this title.
25 U.S.C. § 3211 (2024) — Title 25: INDIANS / Chapter 34: INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION / Section 3211: Repealed. Pub. L. 105-362, title VIII, §801(a), Nov. 10, 1998, 112 Stat. 3287
Repealed. Pub. L. 105-362, title VIII, §801(a), Nov. 10, 1998, 112 Stat. 3287
Status: repealed

Section, Pub. L. 101–630, title IV, §412, Nov. 28, 1990, 104 Stat. 4556, related to annual reports to Congress on administration of provisions concerning Indian child protection and family violence prevention.
25 U.S.C. § 1920 (2024) — Title 25: INDIANS / Chapter 21: INDIAN CHILD WELFARE / Subchapter I: CHILD CUSTODY PROCEEDINGS / Section 1920: Improper removal of child from custody; declination of jurisdiction; forthwith return of child: danger exception
Improper removal of child from custody; declination of jurisdiction; forthwith return of child: danger exception
Status: in_force

Where any petitioner in an Indian child custody proceeding before a State court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forthwith return the child to his parent or Indian custodian unless returning the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of such danger.

(Pub. L. 95–608, title I, §110, Nov. 8, 1978, 92 Stat. 3075.)
25 U.S.C. § 1776g (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter X: CROW LAND CLAIMS SETTLEMENT / Section 1776g: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–444, §9, Nov. 2, 1994, 108 Stat. 4640; Pub. L. 104–109, §9(b), Feb. 12, 1996, 110 Stat. 765, which related to effectiveness of this subchapter and approval of releases and waivers, was omitted from the Code as being of special and not general application.
25 U.S.C. § 743 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 743: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §3, 68 Stat. 1100, which related to membership roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3409 (2024) — Title 25: INDIANS / Chapter 36: INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES / Section 3409: Employer training placements
Employer training placements
Status: in_force

(a) In general

Subject to subsection (b), an Indian tribe that has in place an approved plan under this chapter may use the funds made available for the plan under this chapter—

(1) to place participants in training positions with employers; and

(2) to pay the participants a training allowance or wage for a training period of not more than 24 months, which may be nonconsecutive.

(b) Requirements

An Indian tribe may carry out subsection (a) only if the Indian tribe enters into a written agreement with each applicable employer under which the employer shall agree—

(1) to provide on-the-job training to the participants; and

(2) on satisfactory completion of the training period described in subsection (a)(2), to prioritize the provision of permanent employment to the participants.

(Pub. L. 102–477, §10, Oct. 23, 1992, 106 Stat. 2304; Pub. L. 115–93, §10, Dec. 18, 2017, 131 Stat. 2032.)

Editorial Notes

Amendments

2017—Pub. L. 115–93 amended section generally. Prior to amendment, text read as follows: "A tribal government participating in a demonstration program under this chapter is authorized to utilize funds available under such plan to place participants in training positions with private employers and pay such participants a training allowance or wage for a period not to exceed 12 months, if the tribal government obtains a written agreement from the private employer to provide on-the-job training to such participants and, upon satisfactory completion of the training period, to guarantee permanent employment to such participants for a minimum of 12 months."
25 U.S.C. § 3666 (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 3666: Authorization of appropriations
Authorization of appropriations
Status: in_force

For purposes of carrying out the activities under this subchapter, there are authorized to be appropriated such sums as are necessary for fiscal years 2011 through 2015.

(Pub. L. 106–559, title I, §107, formerly §106, Dec. 21, 2000, 114 Stat. 2781; renumbered §107 and amended Pub. L. 111–211, title II, §§214(a)(2)(A), 242(b)(3)(A), July 29, 2010, 124 Stat. 2270, 2292.)

Editorial Notes

Amendments

2010—Pub. L. 111–211, §242(b)(3)(A), substituted "2011 through 2015" for "2000 through 2004".
25 U.S.C. § 1660a (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter IV: HEALTH SERVICES FOR URBAN INDIANS / Section 1660a: Grants for alcohol and substance abuse related services
Grants for alcohol and substance abuse related services
Status: in_force

(a) Grants

The Secretary may make grants for the provision of health-related services in prevention of, treatment of, rehabilitation of, or school and community-based education in, alcohol and substance abuse in urban centers to those urban Indian organizations with whom the Secretary has entered into a contract under this subchapter or under section 1621 of this title.

(b) Goals of grant

Each grant made pursuant to subsection (a) shall set forth the goals to be accomplished pursuant to the grant. The goals shall be specific to each grant as agreed to between the Secretary and the grantee.

(c) Criteria

The Secretary shall establish criteria for the grants made under subsection (a), including criteria relating to the—

(1) size of the urban Indian population;

(2) accessibility to, and utilization of, other health resources available to such population;

(3) duplication of existing Service or other Federal grants or contracts;

(4) capability of the organization to adequately perform the activities required under the grant;

(5) satisfactory performance standards for the organization in meeting the goals set forth in such grant, which standards shall be negotiated and agreed to between the Secretary and the grantee on a grant-by-grant basis; and

(6) identification of need for services.

The Secretary shall develop a methodology for allocating grants made pursuant to this section based on such criteria.

(d) Treatment of funds received by urban Indian organizations

Any funds received by an urban Indian organization under this chapter for substance abuse prevention, treatment, and rehabilitation shall be subject to the criteria set forth in subsection (c).

(Pub. L. 94–437, title V, §511, as added Pub. L. 102–573, title V, §502, Oct. 29, 1992, 106 Stat. 4569.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (d), 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.

Prior Provisions

A prior section 511 of Pub. L. 94–437 was renumbered section 510 and is classified to section 1660 of this title.
25 U.S.C. § 4231 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4231: Types of investments
Types of investments
Status: in_force

(a) In general

Subject to section 4230 of this title and an applicable housing plan approved under section 4223 of this title, the Director shall have—

(1) the discretion to use grant amounts for affordable housing activities through the use of—

(A) equity investments;

(B) interest-bearing loans or advances;

(C) noninterest-bearing loans or advances;

(D) interest subsidies;

(E) the leveraging of private investments; or

(F) any other form of assistance that the Secretary determines to be consistent with the purposes of this subchapter; and

(2) the right to establish the terms of assistance provided with funds referred to in paragraph (1).

(b) Investments

The Director may invest grant amounts for the purposes of carrying out affordable housing activities in investment securities and other obligations, as approved by the Secretary.

(Pub. L. 104–330, title VIII, §812, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2982.)

Editorial Notes

Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted identical sections 812 of Pub. L. 104–330. This section is based on the text of section 812 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.
25 U.S.C. § 1951 (2024) — Title 25: INDIANS / Chapter 21: INDIAN CHILD WELFARE / Subchapter III: RECORDKEEPING, INFORMATION AVAILABILITY, AND TIMETABLES / Section 1951: Information availability to and disclosure by Secretary
Information availability to and disclosure by Secretary
Status: in_force

(a) Copy of final decree or order; other information; anonymity affidavit; exemption from Freedom of Information Act

Any State court entering a final decree or order in any Indian child adoptive placement after November 8, 1978, shall provide the Secretary with a copy of such decree or order together with such other information as may be necessary to show—

(1) the name and tribal affiliation of the child;

(2) the names and addresses of the biological parents;

(3) the names and addresses of the adoptive parents; and

(4) the identity of any agency having files or information relating to such adoptive placement.

Where the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include such affidavit with the other information. The Secretary shall insure that the confidentiality of such information is maintained and such information shall not be subject to the Freedom of Information Act (5 U.S.C. 552), as amended.

(b) Disclosure of information for enrollment of Indian child in tribe or for determination of member rights or benefits; certification of entitlement to enrollment

Upon the request of the adopted Indian child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian tribe, the Secretary shall disclose such information as may be necessary for the enrollment of an Indian child in the tribe in which the child may be eligible for enrollment or for determining any rights or benefits associated with that membership. Where the documents relating to such child contain an affidavit from the biological parent or parents requesting anonymity, the Secretary shall certify to the Indian child's tribe, where the information warrants, that the child's parentage and other circumstances of birth entitle the child to enrollment under the criteria established by such tribe.

(Pub. L. 95–608, title III, §301, Nov. 8, 1978, 92 Stat. 3077.)
25 U.S.C. § 1053 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter L: TILLAMOOK AND NEHALEM BANDS OF THE TILLAMOOK INDIANS: DISTRIBUTION OF JUDGMENT FUND / Section 1053: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 88–506, §3, Aug. 30, 1964, 78 Stat. 639, which exempted funds distributed in accordance with 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. § 1616g (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter I: INDIAN HEALTH PROFESSIONAL PERSONNEL / Section 1616g: INMED program
INMED program
Status: in_force

(a) Grants

The Secretary is authorized to provide grants to at least 3 colleges and universities for the purpose of maintaining and expanding the Native American health careers recruitment program known as the "Indians into Medicine Program" (hereinafter in this section referred to as "INMED") as a means of encouraging Indians to enter the health professions.

(b) University of North Dakota

The Secretary shall provide one of the grants authorized under subsection (a) to maintain the INMED program at the University of North Dakota, to be known as the "Quentin N. Burdick Indian Health Programs", unless the Secretary makes a determination, based upon program reviews, that the program is not meeting the purposes of this section. Such program shall, to the maximum extent feasible, coordinate with the Quentin N. Burdick American Indians Into Psychology Program established under section 1621p(b) of this title and the Quentin N. Burdick American Indians Into Nursing Program established under section 1616e(e) of this title.

(c) Regulations; contents of recruitment program

(1) The Secretary shall develop regulations for the competitive awarding of the grants provided under this section.

(2) Applicants for grants provided under this section shall agree to provide a program which—

(A) provides outreach and recruitment for health professions to Indian communities including elementary, secondary and community colleges located on Indian reservations which will be served by the program,

(B) incorporates a program advisory board comprised of representatives from the tribes and communities which will be served by the program,

(C) provides summer preparatory programs for Indian students who need enrichment in the subjects of math and science in order to pursue training in the health professions,

(D) provides tutoring, counseling and support to students who are enrolled in a health career program of study at the respective college or university, and

(E) to the maximum extent feasible, employs qualified Indians in the program.

(d) Report to Congress

By no later than the date that is 3 years after November 23, 1988, the Secretary shall submit a report to the Congress on the program established under this section including recommendations for expansion or changes to the program.

(Pub. L. 94–437, title I, §114, as added Pub. L. 100–713, title I, §109, Nov. 23, 1988, 102 Stat. 4796; amended Pub. L. 102–573, title I, §§109, 117(b)(6), Oct. 29, 1992, 106 Stat. 4538, 4544.)

Editorial Notes

Amendments

1992—Subsec. (b). Pub. L. 102–573, §109, inserted "to be known as the 'Quentin N. Burdick Indian Health Programs'," after "North Dakota," and "Such program shall, to the maximum extent feasible, coordinate with the Quentin N. Burdick American Indians Into Psychology Program established under section 1621p(b) of this title and the Quentin N. Burdick American Indians Into Nursing Program established under section 1616e(e) of this title." at end.

Subsec. (e). Pub. L. 102–573, §117(b)(6), struck out subsec. (e) which authorized appropriations for fiscal years 1990 to 1992.
25 U.S.C. § 123b (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 123b: Tribal funds for traveling and other expenses
Tribal funds for traveling and other expenses
Status: in_force

On and after May 9, 1938, tribal funds shall be available for appropriation by Congress for traveling and other expenses, including supplies and equipment, of members of tribal councils, business committees, or other tribal organizations, when engaged on business of the tribes.

(May 9, 1938, ch. 187, §1, 52 Stat. 315.)
25 U.S.C. § 773 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIII: INDIAN TRIBES OF OREGON / Section 773: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 30, 1954, ch. 1085, §3, 68 Stat. 979, which related to payments on behalf 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. § 1679 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter VI: MISCELLANEOUS / Section 1679: Eligibility of California Indians
Eligibility of California Indians
Status: in_force

(a) In general

The following California Indians shall be eligible for health services provided by the Service:

(1) Any member of a federally recognized Indian tribe.

(2) Any descendant of an Indian who was residing in California on June 1, 1852, if such descendant—

(A) is a member of the Indian community served by a local program of the Service; and

(B) is regarded as an Indian by the community in which such descendant lives.

(3) Any Indian who holds trust interests in public domain, national forest, or reservation allotments in California.

(4) Any Indian of California who is listed on the plans for distribution of the assets of rancherias and reservations located within the State of California under the Act of August 18, 1958 (72 Stat. 619), and any descendant of such an Indian.

(b) Clarification

Nothing in this section may be construed as expanding the eligibility of California Indians for health services provided by the Service beyond the scope of eligibility for such health services that applied on May 1, 1986.

(Pub. L. 94–437, title VIII, §809, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

Act of August 18, 1958, referred to in subsec. (a)(4), is Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code.

Codification

Section 809 of Pub. L. 94–437 is based on section 192(3) 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 1679, Pub. L. 94–437, title VIII, §809, formerly title VII, §709, as added Pub. L. 96–537, §8(b), Dec. 17, 1980, 94 Stat. 3181; amended Pub. L. 100–713, title VII, §703, Nov. 23, 1988, 102 Stat. 4827; renumbered title VIII, §809, Pub. L. 102–573, title VII, §701(a), (b), Oct. 29, 1992, 106 Stat. 4572, related to report to Congress containing sufficient data to determine eligibility of California Indians for health services provided by the Service and preliminary eligibility criteria, prior to repeal by Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935. The repeal is based on section 192(3) 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. § 1153 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LVII: UPPER AND LOWER CHEHALIS TRIBES: DISTRIBUTION OF JUDGMENT FUND / Section 1153: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–114, §3, Oct. 24, 1967, 81 Stat. 335, which related to distribution of shares of deceased enrollees and minors or persons under legal disabilities, was omitted from the Code as being of special and not general application.
25 U.S.C. § 610c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XVIII: SWINOMISH TRIBE / Section 610c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–534, §4, Sept. 28, 1968, 82 Stat. 884, which related to mortgages and deeds of trust, was omitted from the Code as being of special and not general application.
25 U.S.C. § 941f (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIII: CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF ASSETS / Section 941f: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–116, §8, Oct. 27, 1993, 107 Stat. 1125, which related to transitional and provisional tribal government, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2806 (2024) — Title 25: INDIANS / Chapter 30: INDIAN LAW ENFORCEMENT REFORM / Section 2806: Jurisdiction
Jurisdiction
Status: in_force

(a) Investigative jurisdiction over offenses against criminal laws

The Secretary shall have investigative jurisdiction over offenses against criminal laws of the United States in Indian country subject to an agreement between the Secretary and the Attorney General of the United States.

(b) Exercise of investigative authority

In exercising the investigative authority conferred by this section, the employees of the Bureau shall cooperate with the law enforcement agency having primary investigative jurisdiction over the offense committed.

(c) Law enforcement commission or other delegation of prior authority not invalidated or diminished

This chapter does not invalidate or diminish any law enforcement commission or other delegation of authority issued under the authority of the Secretary before August 18, 1990.

(d) Authorities in addition to prior authority; civil or criminal jurisdiction, law enforcement, investigative, or judicial authority, of United States, Indian tribes, States, etc., unaffected

The authority provided by this chapter is in addition to, and not in derogation of, any authority that existed before August 18, 1990. The provisions of this chapter alter neither the civil or criminal jurisdiction of the United States, Indian tribes, States, or other political subdivisions or agencies, nor the law enforcement, investigative, or judicial authority of any Indian tribe, State, or political subdivision or agency thereof, or of any department, agency, court, or official of the United States other than the Secretary.

(Pub. L. 101–379, §7, Aug. 18, 1990, 104 Stat. 476.)
25 U.S.C. § 84 (2024) — Title 25: INDIANS / Chapter 3: AGREEMENTS WITH INDIANS / Subchapter II: CONTRACTS WITH INDIANS / Section 84: Repealed. Pub. L. 106-568, title VIII, §812(c)(1), Dec. 27, 2000, 114 Stat. 2917
Repealed. Pub. L. 106-568, title VIII, §812(c)(1), Dec. 27, 2000, 114 Stat. 2917
Status: repealed

Section, R.S. §2106, related to restrictions on assignments of contracts.
25 U.S.C. § 2207 (2024) — Title 25: INDIANS / Chapter 24: INDIAN LAND CONSOLIDATION / Section 2207: Full faith and credit to tribal actions under tribal ordinances limiting descent and distribution of trust or restricted or controlled lands
Full faith and credit to tribal actions under tribal ordinances limiting descent and distribution of trust or restricted or controlled lands
Status: in_force

The Secretary in carrying out his responsibility to regulate the descent and distribution of trust lands under section 372 of this title, and other laws, shall give full faith and credit to any tribal actions taken pursuant to subsections (a) and (b) of section 2205 of this title, which provision shall apply only to estates of decedent's whose deaths occur on or after the effective date of tribal ordinances adopted pursuant to this chapter.

(Pub. L. 97–459, title II, §208, Jan. 12, 1983, 96 Stat. 2519; Pub. L. 106–462, title I, §103(5), Nov. 7, 2000, 114 Stat. 1999.)

Editorial Notes

Amendments

2000—Pub. L. 106–462 substituted "subsections (a) and (b) of section 2205" for "section 2205".
25 U.S.C. § 1227 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXIV: CONFEDERATED TRIBES OF WEAS, PIANKASHAWS, PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND / Section 1227: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–364, §7, July 31, 1970, 84 Stat. 689, which authorized the Secretary of the Interior to prescribe rules and regulations to carry out the provisions of this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4027 (2024) — Title 25: INDIANS / Chapter 42: AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM / Subchapter II: INDIAN TRUST FUND MANAGEMENT PROGRAM / Section 4027: Savings provision
Savings provision
Status: in_force

By submitting or approving a plan under this subchapter, neither the tribe nor the Secretary shall be deemed to have accepted the account balance as accurate or to have waived any rights regarding such balance and to seek compensation.

(Pub. L. 103–412, title II, §207, Oct. 25, 1994, 108 Stat. 4243.)
25 U.S.C. § 1073 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LI: CONFEDERATED TRIBES OF THE COLVILLE RESERVATION: DISTRIBUTION OF JUDGMENT FUND / Section 1073: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–244, §2, Mar. 9, 1972, 86 Stat. 57, which exempted distributed funds from Federal and State income taxes and provided for payments to minors and persons under legal disabilities, was omitted from the Code as being of special and not general application.
25 U.S.C. § 403 (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 403: Leases of lands held in trust
Leases of lands held in trust
Status: in_force

Any Indian allotment held under a trust patent may be leased by the allottee for a period not to exceed five years, subject to and in conformity with such rules and regulations as the Secretary of the Interior may prescribe, and the proceeds of any such lease shall be paid to the allottee or his heirs, or expended for his or their benefit, in the discretion of the Secretary of the Interior.

(June 25, 1910, ch. 431, §4, 36 Stat. 856.)
25 U.S.C. § 2716 (2024) — Title 25: INDIANS / Chapter 29: INDIAN GAMING REGULATION / Section 2716: Investigative powers
Investigative powers
Status: in_force

(a) Confidential information

Except as provided in subsection (b), the Commission shall preserve any and all information received pursuant to this chapter as confidential pursuant to the provisions of paragraphs (4) and (7) of section 552(b) of title 5.

(b) Provision to law enforcement officials

The Commission shall, when such information indicates a violation of Federal, State, or tribal statutes, ordinances, or resolutions, provide such information to the appropriate law enforcement officials.

(c) Attorney General

The Attorney General shall investigate activities associated with gaming authorized by this chapter which may be a violation of Federal law.

(Pub. L. 100–497, §17, Oct. 17, 1988, 102 Stat. 2484.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), 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. § 566f (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIV: KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 566f: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 99–398, §8, Aug. 27, 1986, 100 Stat. 850, which related to economic development, was omitted from the Code as being of special and not general application.
25 U.S.C. § 554 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XI: KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY / Section 554: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act June 1, 1938, ch. 310, §4, 52 Stat. 606, which related to disposition of payment upon the death of an Indian, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4165 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter IV: COMPLIANCE, AUDITS, AND REPORTS / Section 4165: Review and audit by Secretary
Review and audit by Secretary
Status: in_force

(a) Requirements under chapter 75 of title 31

An entity designated by an Indian tribe as a housing entity shall be treated, for purposes of chapter 75 of title 31, as a non-Federal entity that is subject to the audit requirements that apply to non-Federal entities under that chapter.

(b) Additional reviews and audits

(1) In general

In addition to any audit or review under subsection (a), to the extent the Secretary determines such action to be appropriate, the Secretary may conduct an audit or review of a recipient in order to—

(A) determine whether the recipient—

(i) has carried out—

(I) eligible activities in a timely manner; and

(II) eligible activities and certification in accordance with this chapter and other applicable law;

(ii) has a continuing capacity to carry out eligible activities in a timely manner; and

(iii) is in compliance with the Indian housing plan of the recipient; and

(B) verify the accuracy of information contained in any performance report submitted by the recipient under section 4164 of this title.

(2) On-site visits

To the extent practicable, the reviews and audits conducted under this subsection shall include on-site visits by the appropriate official of the Department of Housing and Urban Development.

(c) Review of reports

(1) In general

The Secretary shall provide each recipient that is the subject of a report made by the Secretary under this section notice that the recipient may review and comment on the report during a period of not less than 30 days after the date on which notice is issued under this paragraph.

(2) Public availability

After taking into consideration any comments of the recipient under paragraph (1), the Secretary—

(A) may revise the report; and

(B) not later than 30 days after the date on which those comments are received, shall make the comments and the report (with any revisions made under subparagraph (A)) readily available to the public.

(d) Effect of reviews

Subject to section 4161(a) of this title, after reviewing the reports and audits relating to a recipient that are submitted to the Secretary under this section, the Secretary may adjust the amount of a grant made to a recipient under this chapter in accordance with the findings of the Secretary with respect to those reports and audits.

(Pub. L. 104–330, title IV, §405, Oct. 26, 1996, 110 Stat. 4040; Pub. L. 106–568, title X, §1003(f)(2), Dec. 27, 2000, 114 Stat. 2927; Pub. L. 106–569, title V, §503(e)(2), Dec. 27, 2000, 114 Stat. 2963.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b)(1)(A)(i)(II) and (d), was in the original "this Act", meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables.

Amendments

2000—Pub. L. 106–568 and Pub. L. 106–569 amended section identically, reenacting section catchline without change and amending text generally. Prior to amendment, section required the Secretary to make reviews and audits of recipients' activities and performance, to prepare reports, and to make adjustments in amounts of annual grants under this chapter based on the reviews and audits.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title.
25 U.S.C. § 788f (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIV: CREEK NATION OF INDIANS / Section 788f: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–506, §2, Sept. 21, 1968, 82 Stat. 859, which related to distribution of certain judgment funds to persons whose names appear on the roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 464 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 464: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 464 was editorially reclassified as section 5107 of this title.
25 U.S.C. § 471 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 471: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 471 was editorially reclassified as section 5115 of this title.
25 U.S.C. § 941a (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIII: CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF ASSETS / Section 941a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–116, §3, Oct. 27, 1993, 107 Stat. 1120, which set out definitions, was omitted from the Code as being of special and not general application.
25 U.S.C. § 712e (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 712e: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 97–391, §7, as added Pub. L. 105–256, §9, Oct. 14, 1998, 112 Stat. 1898; amended Pub. L. 108–204, title I, §104, Mar. 2, 2004, 118 Stat. 543, which directed the Secretary of the Interior to accept title to certain lands if such lands were conveyed or otherwise transferred to the United States by or on behalf of the Tribe and provided that such lands would become part of the Tribe's reservation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 64 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 64: Services of agents dispensed with
Services of agents dispensed with
Status: in_force

It shall be the duty of the President to dispense with the services of such Indian agents and superintendents as may be practicable; and where it is practicable he shall require the same person to perform the duties of two agencies or superintendencies for one salary.

(R.S. §2053; June 22, 1874, ch. 389, §1, 18 Stat. 147; Mar. 3, 1875, ch. 132, §1, 18 Stat. 421.)

Editorial Notes

Codification

R.S. §2053 derived from act Feb. 14, 1873, ch. 138, §1, 17 Stat. 437.

Statutory Notes and Related Subsidiaries

Indian Agents

In a communication, dated November 29, 1940, from the Office of Indian Affairs of the Department of the Interior, it was stated that there have been no Indian agents since 1908, all of the agencies and schools having been placed under the supervision of superintendents.
25 U.S.C. § 306a (2024) — Title 25: INDIANS / Chapter 7A: PROMOTION OF SOCIAL AND ECONOMIC WELFARE / Section 306a: Advances for support of old, disabled, or indigent allottees; lien against land
Advances for support of old, disabled, or indigent allottees; lien against land
Status: in_force

On and after May 9, 1938, the Secretary of the Interior is authorized, in his discretion and under such rules and regulations as he may prescribe, to make advances to old, disabled, or indigent Indian allottees, for their support, to remain a charge and lien against their land until paid; such advances for the fiscal year 1939 to be made from the appropriations in this paragraph and those for fiscal years thereafter to be made from appropriations specifically available for such purposes.

(May 9, 1938, ch. 187, §1, 52 Stat. 302.)

Editorial Notes

References in Text

This paragraph, referred to in text, means the first undesignated paragraph contained at 52 Stat. 302, and the appropriations for advances for the fiscal year 1939, referred to in text, were contained in such part of the undesignated paragraph which was not classified to the Code.
25 U.S.C. § 25 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 25: Superintendent for Five Civilized Tribes
Superintendent for Five Civilized Tribes
Status: in_force

The offices of the Commissioner of the Five Civilized Tribes and superintendent of Union Agency, in Oklahoma, are abolished as of September 1, 1914, and in lieu thereof there shall be appointed by the President, by and with the advice and consent of the Senate, a Superintendent for the Five Civilized Tribes, with his office located in the State of Oklahoma, at a salary of $5,000 per annum, and said superintendent shall exercise the authority and perform the duties exercised prior to September 1, 1914, by the Commissioner to the Five Civilized Tribes and the superintendent of the Union Agency, with authority to reorganize the department and to eliminate all unnecessary clerks, subject to the approval of the Secretary of the Interior.

(Aug. 1, 1914, ch. 222, §17, 38 Stat. 598.)

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. § 3371 (2024) — Title 25: INDIANS / Chapter 35: INDIAN HIGHER EDUCATION PROGRAMS / Subchapter V: AMERICAN INDIAN TEACHER TRAINING / Section 3371: Repealed. Pub. L. 105-332, §6(b)(1), Oct. 31, 1998, 112 Stat. 3128
Repealed. Pub. L. 105-332, §6(b)(1), Oct. 31, 1998, 112 Stat. 3128
Status: repealed

Section, Pub. L. 102–325, title XIII, §1371, July 23, 1992, 106 Stat. 815; Pub. L. 105–244, title I, §102(a)(8)(D), Oct. 7, 1998, 112 Stat. 1619, related to American Indian teacher training.
25 U.S.C. § 5807 (2024) — Title 25: INDIANS / Chapter 50: NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM / Section 5807: Authorizations of appropriations
Authorizations of appropriations
Status: in_force

There are authorized to be appropriated to carry out the program $5,000,000 for each of fiscal years 2020 through 2024.
25 U.S.C. § 651 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXV: INDIANS OF CALIFORNIA / Section 651: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act May 18, 1928, ch. 624, §1, 45 Stat. 602, which defined "Indians of California", was omitted from the Code as being of special and not general application.
25 U.S.C. § 735 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXI: ALABAMA AND COUSHATTA INDIANS OF TEXAS: TERMINATION OF FEDERAL SUPERVISION / Section 735: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 100–89, title II, §205, Aug. 18, 1987, 101 Stat. 671, which related to adoption of a new constitution and bylaws, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3331 (2024) — Title 25: INDIANS / Chapter 35: INDIAN HIGHER EDUCATION PROGRAMS / Subchapter III: TRIBAL DEVELOPMENT STUDENT ASSISTANCE REVOLVING LOAN PROGRAM / Section 3331: Repealed. Pub. L. 105-332, §6(b)(1), Oct. 31, 1998, 112 Stat. 3128
Repealed. Pub. L. 105-332, §6(b)(1), Oct. 31, 1998, 112 Stat. 3128
Status: repealed

Section 3331, Pub. L. 102–325, title XIII, §1341, July 23, 1992, 106 Stat. 809, provided that subchapter could be cited as the "Tribal Development Student Assistance Act".

Section 3332, Pub. L. 102–325, title XIII, §1342, July 23, 1992, 106 Stat. 809, declared congressional findings and purposes.

Section 3333, Pub. L. 102–325, title XIII, §1343, July 23, 1992, 106 Stat. 809, related to revolving fund.

Section 3334, Pub. L. 102–325, title XIII, §1344, July 23, 1992, 106 Stat. 810, related to eligible recipients.

Section 3335, Pub. L. 102–325, title XIII, §1345, July 23, 1992, 106 Stat. 810, related to terms of loans.

Section 3336, Pub. L. 102–325, title XIII, §1346, July 23, 1992, 106 Stat. 811, related to service fulfillment and conditions, repayments, and waivers.

Section, 3337, Pub. L. 102–325, title XIII, §1347, July 23, 1992, 106 Stat. 812, related to administration.

Section 3338, Pub. L. 102–325, title XIII, §1348, July 23, 1992, 106 Stat. 812, authorized appropriations.
25 U.S.C. § 1962 (2024) — Title 25: INDIANS / Chapter 21: INDIAN CHILD WELFARE / Subchapter IV: MISCELLANEOUS PROVISIONS / Section 1962: Copies to the States
Copies to the States
Status: in_force

Within sixty days after November 8, 1978, the Secretary shall send to the Governor, chief justice of the highest court of appeal, and the attorney general of each State a copy of this chapter, together with committee reports and an explanation of the provisions of this chapter.

(Pub. L. 95–608, title IV, §402, Nov. 8, 1978, 92 Stat. 3078.)
25 U.S.C. § 5369 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter IV: TRIBAL SELF-GOVERNANCE-DEPARTMENT OF THE INTERIOR / Section 5369: Facilitation
Facilitation
Status: in_force

(a) In general

Except as otherwise provided by law (including section 101(a) of the PROGRESS for Indian Tribes Act), the Secretary shall interpret each Federal law and regulation in a manner that facilitates—

(1) the inclusion of programs in funding agreements; and

(2) the implementation of funding agreements.

(b) Regulation waiver

(1) Request

An Indian Tribe may submit to the Secretary a written request for a waiver of applicability of a Federal regulation, including—

(A) an identification of the specific text in the regulation sought to be waived; and

(B) the basis for the request.

(2) Determination by the secretary

Not later than 120 days after receipt by the Secretary and the designated officials under paragraph (4) of a request under paragraph (1), the Secretary shall approve or deny the requested waiver in writing to the Indian Tribe.

(3) Extensions

The deadline described in paragraph (2) may be extended for any length of time, as agreed upon by both the Indian Tribe and the Secretary.

(4) Designated officials

The Secretary shall designate one or more appropriate officials in the Department to receive a copy of the waiver request described in paragraph (1).

(5) Grounds for denial

The Secretary may deny a request under paragraph (1) upon a specific finding by the Secretary that the identified text in the regulation may not be waived because such a waiver is prohibited by Federal law.

(6) Failure to make determination

If the Secretary fails to make a determination with respect to a waiver request within the period specified in paragraph (2) (including any extension agreed to under paragraph (3)), the Secretary shall be deemed to have agreed to the request, except that for a waiver request relating to programs eligible under section 5363(b)(2) or section 5363(c) of this title, the Secretary shall be deemed to have denied the request.

(7) Finality

A decision of the Secretary under this section shall be final for the Department.

(Pub. L. 93–638, title IV, §409, as added Pub. L. 116–180, title I, §101(e), Oct. 21, 2020, 134 Stat. 874.)

Editorial Notes

References in Text

Section 101(a) of the PROGRESS for Indian Tribes Act, referred to in subsec. (a), is section 101(a) of Pub. L. 116–180, which is set out as a note under section 5361 of this title.
25 U.S.C. § 1621s (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter II: HEALTH SERVICES / Section 1621s: Prompt action on payment of claims
Prompt action on payment of claims
Status: in_force

(a) Time of response

The Service shall respond to a notification of a claim by a provider of a contract care service with either an individual purchase order or a denial of the claim within 5 working days after the receipt of such notification.

(b) Failure to timely respond

If the Service fails to respond to a notification of a claim in accordance with subsection (a), the Service shall accept as valid the claim submitted by the provider of a contract care service.

(c) Time of payment

The Service shall pay a completed contract care service claim within 30 days after completion of the claim.

(Pub. L. 94–437, title II, §220, as added Pub. L. 102–573, title II, §215, Oct. 29, 1992, 106 Stat. 4558.)
25 U.S.C. § 1667a (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter V: ORGANIZATIONAL IMPROVEMENTS / Section 1667a: Definitions
Definitions
Status: in_force

In this part:

(1) Administration

The term "Administration" means the Substance Abuse and Mental Health Services Administration.

(2) Demonstration project

The term "demonstration project" means the Indian youth telemental health demonstration project authorized under section 1667b(a) of this title.

(3) Telemental health

The term "telemental health" means the use of electronic information and telecommunications technologies to support long-distance mental health care, patient and professional-related education, public health, and health administration.

(Pub. L. 94–437, title VII, §722, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 722 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.
25 U.S.C. § 81b (2024) — Title 25: INDIANS / Chapter 3: AGREEMENTS WITH INDIANS / Subchapter II: CONTRACTS WITH INDIANS / Section 81b: Continuation of contracts with attorneys containing limitation of time where suits have been filed
Continuation of contracts with attorneys containing limitation of time where suits have been filed
Status: in_force

Any existing valid contract made and approved prior to June 26, 1936, pursuant to any Act of Congress by any tribe, band, or group of Indians with an attorney or attorneys for the rendition of services in the prosecution of claims against the United States under authority of which suit or suits have been filed, and which contains a limitation of time for the completion of the services to be performed may be continued in full force unless a subsequent contract dealing with the same subject matter has been made and approved.

(June 26, 1936, ch. 851, §2, 49 Stat. 1984.)
25 U.S.C. § 1746 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter III: FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT / Section 1746: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 97–399, §7, Dec. 31, 1982, 96 Stat. 2015, which related to the rights and interests granted to the Miccosukee Tribe and the civil and criminal jurisdiction of the State of Florida, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1665h (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter V: ORGANIZATIONAL IMPROVEMENTS / Section 1665h: Inpatient and community-based mental health facilities design, construction, and staffing
Inpatient and community-based mental health facilities design, construction, and staffing
Status: in_force

Not later than 1 year after March 23, 2010, the Secretary, acting through the Service, may provide, in each area of the Service, not less than 1 inpatient mental health care facility, or the equivalent, for Indians with behavioral health problems. For the purposes of this subsection,1 California shall be considered to be 2 area offices, 1 office whose location shall be considered to encompass the northern area of the State of California and 1 office whose jurisdiction shall be considered to encompass the remainder of the State of California. The Secretary shall consider the possible conversion of existing, underused Service hospital beds into psychiatric units to meet such need.

(Pub. L. 94–437, title VII, §709, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 709 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 1665h, Pub. L. 94–437, title VII, §709, as added Pub. L. 102–573, title VII, §702(a), Oct. 29, 1992, 106 Stat. 4579, related to the Pueblo substance abuse treatment project for San Juan Pueblo, New Mexico, prior to the general amendment of this subchapter by Pub. L. 111–148.

1 So in original. Probably should be "section,".
25 U.S.C. § 2103 (2024) — Title 25: INDIANS / Chapter 23: DEVELOPMENT OF TRIBAL MINERAL RESOURCES / Section 2103: Secretary's determination on Minerals Agreements
Secretary's determination on Minerals Agreements
Status: in_force

(a) Time; enforcement

The Secretary shall approve or disapprove any Minerals Agreement submitted to him for approval within (1) one hundred and eighty days after submission or (2) sixty days after compliance, if required, with section 4332(2)(C) of title 42 or any other requirement of Federal law, whichever is later. Any party to such an agreement may enforce the provisions of this subsection pursuant to section 1361 of title 28.

(b) Factors for consideration; extent of required study

In approving or disapproving a Minerals Agreement, the Secretary shall determine if it is in the best interest of the Indian tribe or of any individual Indian who may be party to such agreement and shall consider, among other things, the potential economic return to the tribe; the potential environmental, social, and cultural effects on the tribe; and provisions for resolving disputes that may arise between the parties to the agreement: Provided, That the Secretary shall not be required to prepare any study regarding environmental, socioeconomic, or cultural effects of the implementation of a Minerals Agreement apart from that which may be required under section 4332(2)(C) of title 42.

(c) Prior notice of proposed finding; privileged information

Not later than thirty days prior to formal approval or disapproval of any Minerals Agreement, the Secretary shall provide written findings forming the basis of his intent to approve or disapprove such agreement to the affected Indian tribe. Notwithstanding any other law, such findings and all projections, studies, data or other information possessed by the Department of the Interior regarding the terms and conditions of the Minerals Agreement, the financial return to the Indian parties thereto, or the extent, nature, value or disposition of the Indian mineral resources, or the production, products or proceeds thereof, shall be held by the Department of the Interior as privileged proprietary information of the affected Indian or Indian tribe.

(d) Delegation; final action; appeal; burden on Secretary

The authority to disapprove agreements under this section may only be delegated to the Assistant Secretary of the Interior for Indian Affairs. The decision of the Secretary or, where authority is delegated, of the Assistant Secretary of the Interior for Indian Affairs, to disapprove a Minerals Agreement shall be deemed a final agency action. The district courts of the United States shall have jurisdiction to review the Secretary's disapproval action and shall determine the matter de novo. The burden is on the Secretary to sustain his action.

(e) Nonliability of United States; continuing obligations

Where the Secretary has approved a Minerals Agreement in compliance with the provisions of this chapter and any other applicable provision of law, the United States shall not be liable for losses sustained by a tribe or individual Indian under such agreement: Provided, That the Secretary shall continue to have a trust obligation to ensure that the rights of a tribe or individual Indian are protected in the event of a violation of the terms of any Minerals Agreement by any other party to such agreement: Provided further, That nothing in this chapter shall absolve the United States from any responsibility to Indians, including those which derive from the trust relationship and from any treaties, Executive orders, or agreement between the United States and any Indian tribe.

(Pub. L. 97–382, §4, Dec. 22, 1982, 96 Stat. 1938.)
25 U.S.C. § 564c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIII: KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION / Section 564c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 13, 1954, ch. 732, §4, 68 Stat. 718; Pub. L. 85–731, §2, Aug. 23, 1958, 72 Stat. 818, which related to personal property rights, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1721 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter II: MAINE INDIAN CLAIMS SETTLEMENT / Section 1721: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 96–420, §2, Oct. 10, 1980, 94 Stat. 1785, 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. 96–420, §1, Oct. 10, 1980, 94 Stat. 1785, provided that Pub. L. 96–420, enacting this subchapter, could be cited as the "Maine Indian Claims Settlement Act of 1980".
25 U.S.C. § 1660e (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter IV: HEALTH SERVICES FOR URBAN INDIANS / Section 1660e: Expanded program authority for urban Indian organizations
Expanded program authority for urban Indian organizations
Status: in_force

Notwithstanding any other provision of this chapter, the Secretary, acting through the Service, is authorized to establish programs, including programs for awarding grants, for urban Indian organizations that are identical to any programs established pursuant to sections 1621q, 1665a, and 1665g(g) of this title.

(Pub. L. 94–437, title V, §515, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

This chapter, referred to in text, 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 515 of Pub. L. 94–437 is based on section 164 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. § 1127 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LIV: MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1127: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–309, §6, June 2, 1972, 86 Stat. 200, which allowed for the use of certain judgment funds of the Miami Tribe of Oklahoma for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1774a (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter VIII: SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT / Section 1774a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 101–503, §3, Nov. 3, 1990, 104 Stat. 1293, which set out definitions for this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1864 (2024) — Title 25: INDIANS / Chapter 20: TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE / Subchapter IV: TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS / Section 1864: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated such sums as are necessary for fiscal year 2009 and each fiscal year thereafter to carry out this subchapter.

(Pub. L. 95–471, title V, §504, as added Pub. L. 110–315, title IX, §941(j)(1), Aug. 14, 2008, 122 Stat. 3465.)
25 U.S.C. § 1621g (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter II: HEALTH SERVICES / Section 1621g: Health services research
Health services research
Status: in_force

Of the amounts appropriated for the Service in any fiscal year, other than amounts made available for the Indian Health Care Improvement Fund, not less than $200,000 shall be available only for research to further the performance of the health service responsibilities of the Service. Indian tribes and tribal organizations contracting with the Service under the authority of the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] shall be given an equal opportunity to compete for, and receive, research funds under this section.

(Pub. L. 94–437, title II, §208, as added Pub. L. 100–713, title II, §204, Nov. 23, 1988, 102 Stat. 4812.)

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in text, is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§5321 et seq.) of chapter 46 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. § 290a (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 290a: Bureau appropriations as not limiting transportation of school children
Bureau appropriations as not limiting transportation of school children
Status: in_force

On and after October 12, 1984, no part of any appropriation to the Bureau of Indian Affairs under this or any other act shall be used to subject the transportation of school children to any limitation on travel or transportation expenditures for Federal employees.

(Pub. L. 98–473, title I, §101(c) [title I, §100], Oct. 12, 1984, 98 Stat. 1837, 1850.)
25 U.S.C. § 459e (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter IV: CONVEYANCE OF SUBMARGINAL LAND / Section 459e: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 459e was editorially reclassified as section 5506 of this title.
25 U.S.C. § 212 (2024) — Title 25: INDIANS / Chapter 6: GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS / Subchapter I: GENERALLY / Section 212: Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862
Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862
Status: repealed

Section 212, R.S. §2143, related to arson. See section 1153 of Title 18, Crimes and Criminal Procedure.

Section 213, R.S. §2142, related to assault. See section 1153 of Title 18.

Section 214, R.S. §2138; act June 30, 1919, ch. 4, §1, 41 Stat. 9, related to removing cattle from Indian country.

Section 215, R.S. §2144, related to forgery and depredations on the mails. See sections 1151 and 1152 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. § 700 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 700: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 13, 1954, ch. 733, §10, 68 Stat. 726, which related to transfer of property to minors, persons non compos mentis, and other members needing assistance, was omitted from the Code as being of special and not general application.
25 U.S.C. § 195 (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 195: Repealed. Aug. 15, 1953, ch. 506, §2(b), 67 Stat. 590
Repealed. Aug. 15, 1953, ch. 506, §2(b), 67 Stat. 590
Status: repealed

Section, act July 4, 1884, ch. 180, §1, 23 Stat. 94, related to sale of cattle purchased by Government to nontribal members.
25 U.S.C. § 389e (2024) — Title 25: INDIANS / Chapter 11: IRRIGATION OF ALLOTTED LANDS / Section 389e: Actions taken to be included in report to Congress
Actions taken to be included in report to Congress
Status: in_force

The Secretary shall include in the report to Congress required pursuant to section 389a 1 of this title, a description of actions taken under the provisions of sections 389 to 389e of this title during the preceding fiscal year. No proceedings under such sections shall become effective until approved by the Congress.

(June 22, 1936, ch. 692, §6, 49 Stat. 1804; Pub. L. 96–470, title II, §206(b), Oct. 19, 1980, 94 Stat. 2244.)

Editorial Notes

Amendments

1980—Pub. L. 96–470 substituted provision requiring the Secretary to include in the report to Congress required pursuant to section 389a of this title a description of the actions taken under sections 389 to 389e of this title during the preceding fiscal year for provision requiring the Secretary to make reports to Congress on the first Monday of each regular session, and from time to time thereafter, showing actions taken under sections 389 to 389e of this title during the preceding fiscal year.

Statutory Notes and Related Subsidiaries

Approval of Secretary's Action

The action of the Secretary of the Interior in deferring the collection of certain irrigation charges against lands under the Blackfeet Indian irrigation project in Montana was approved by Joint Res. Apr. 11, 1940, ch. 78, 54 Stat. 105.

1 So in original. Probably should refer to section 386a.
25 U.S.C. § 1931 (2024) — Title 25: INDIANS / Chapter 21: INDIAN CHILD WELFARE / Subchapter II: INDIAN CHILD AND FAMILY PROGRAMS / Section 1931: Grants for on or near reservation programs and child welfare codes
Grants for on or near reservation programs and child welfare codes
Status: in_force

(a) Statement of purpose; scope of programs

The Secretary is authorized to make grants to Indian tribes and organizations in the establishment and operation of Indian child and family service programs on or near reservations and in the preparation and implementation of child welfare codes. The objective of every Indian child and family service program shall be to prevent the breakup of Indian families and, in particular, to insure that the permanent removal of an Indian child from the custody of his parent or Indian custodian shall be a last resort. Such child and family service programs may include, but are not limited to—

(1) a system for licensing or otherwise regulating Indian foster and adoptive homes;

(2) the operation and maintenance of facilities for the counseling and treatment of Indian families and for the temporary custody of Indian children;

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

(4) home improvement programs;

(5) the employment of professional and other trained personnel to assist the tribal court in the disposition of domestic relations and child welfare matters;

(6) education and training of Indians, including tribal court judges and staff, in skills relating to child and family assistance and service programs;

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

(8) guidance, legal representation, and advice to Indian families involved in tribal, State, or Federal child custody proceedings.

(b) Non-Federal matching funds for related Social Security or other Federal financial assistance programs; assistance for such programs unaffected; State licensing or approval for qualification for assistance under federally assisted program

Funds appropriated for use by the Secretary in accordance with this section may be utilized as non-Federal matching share in connection with funds provided under titles IV–B and XX of the Social Security Act [42 U.S.C. 620 et seq., 1397 et seq.] or under any other Federal financial assistance programs which contribute to the purpose for which such funds are authorized to be appropriated for use under this chapter. The provision or possibility of assistance under this chapter shall not be a basis for the denial or reduction of any assistance otherwise authorized under titles IV–B and XX of the Social Security Act or any other federally assisted program. For purposes of qualifying for assistance under a federally assisted program, licensing or approval of foster or adoptive homes or institutions by an Indian tribe shall be deemed equivalent to licensing or approval by a State.

(Pub. L. 95–608, title II, §201, Nov. 8, 1978, 92 Stat. 3075.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles IV–B and XX of the Social Security Act are classified generally to part B (§620 et seq.) of subchapter IV and subchapter XX (§1397 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
25 U.S.C. § 1193 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXI: CONFEDERATED TRIBES OF UMATILLA RESERVATION: DISTRIBUTION OF JUDGMENT FUND / Section 1193: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–259, §3, May 21, 1970, 84 Stat. 254, which provided that judgment funds would remain tribal funds until distributed, was omitted from the Code as being of special and not general application.
25 U.S.C. § 122 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 122: Limitation on application of tribal funds
Limitation on application of tribal funds
Status: in_force

No funds belonging to any Indian tribe with which treaty relations exist shall be applied in any manner not authorized by such treaty, or by express provisions of law; nor shall money appropriated to execute a treaty be transferred or applied to any other purpose, unless expressly authorized by law.

(R.S. §2097.)

Editorial Notes

Codification

R.S. §2097 derived from act July 26, 1866, ch. 266, §2, 14 Stat. 280.
25 U.S.C. § 903g (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLI: MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF FEDERAL SUPERVISION / Section 903g: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Oct. 10, 1940, ch. 851, §3(c), 54 Stat. 1111, which exempted contracts for labor or supplies from certain advertising requirements, was omitted from the Code as being of special and not general application.
25 U.S.C. § 796 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXV: WYANDOTTE TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 796: 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, §6, 70 Stat. 894, related to transfers of individual property to members of tribe.
25 U.S.C. § 901 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XL: MENOMINEE TRIBE OF WISCONSIN: TERMINATION OF FEDERAL SUPERVISION / Section 901: Repealed. Pub. L. 93-197, §3(b), Dec. 22, 1973, 87 Stat. 770
Repealed. Pub. L. 93-197, §3(b), Dec. 22, 1973, 87 Stat. 770
Status: repealed

Section, act June 17, 1954, ch. 303, §12, 68 Stat. 252, authorized Secretary to promulgate rules and regulations.
25 U.S.C. § 1544 (2024) — Title 25: INDIANS / Chapter 17: FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS / Subchapter V: MISCELLANEOUS PROVISIONS / Section 1544: Additional compensation to contractors of Federal agency
Additional compensation to contractors of Federal agency
Status: in_force

Notwithstanding any other provision of law, a contractor of a Federal agency under any Act of Congress may be allowed an additional amount of compensation equal to 5 percent of the amount paid, or to be paid, to a subcontractor or supplier, in carrying out the contract if such subcontractor or supplier is an Indian organization or Indian-owned economic enterprise as defined in this chapter.

(Pub. L. 93–262, title V, §504, added Pub. L. 100–442, §7, Sept. 22, 1988, 102 Stat. 1765.)
25 U.S.C. § 3734 (2024) — Title 25: INDIANS / Chapter 39: AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT / Subchapter II: EDUCATION IN AGRICULTURE MANAGEMENT / Section 3734: Obligated service; breach of contract
Obligated service; breach of contract
Status: in_force

(a) Obligated service

Where an individual enters into an agreement for obligated service in return for financial assistance under any provision of this subchapter, the Secretary shall adopt such regulations as are necessary to provide for the offer of employment to the recipient of such assistance as required by such provision. Where an offer of employment is not reasonably made, the regulations shall provide that such service shall no longer be required.

(b) Breach of contract; repayment

Where an individual fails to accept a reasonable offer of employment in fulfillment of such obligated service or unreasonably terminates or fails to perform the duties of such employment, the Secretary shall require a repayment of the financial assistance provided, prorated for the amount of time of obligated service that was performed, together with interest on such amount which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum legal prevailing rate, as determined by the Secretary of the Treasury.

(Pub. L. 103–177, title II, §204, Dec. 3, 1993, 107 Stat. 2022.)
25 U.S.C. § 153 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter III: DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS / Section 153: Appropriation to carry out treaties
Appropriation to carry out treaties
Status: in_force

All sums that are or may be required to be paid, and all moneys that are or may be required to be invested by the treaties mentioned in section 152 of this title are appropriated in conformity to them, and shall be drawn from the Treasury as other public moneys are drawn therefrom, under such instructions as may from time to time be given by the President.

(R.S. §2094.)

Editorial Notes

Codification

R.S. §2094 derived from act Jan. 9, 1837, ch. 1, §2, 5 Stat. 135.
25 U.S.C. § 1805 (2024) — Title 25: INDIANS / Chapter 20: TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE / Subchapter I: TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM / Section 1805: Technical assistance contracts
Technical assistance contracts
Status: in_force

(a) Technical assistance

(1) In general

The Secretary shall provide, upon request from a tribally controlled college or university which is receiving funds under section 1808 of this title, technical assistance either directly or through contract.

(2) Designated organization

The Secretary shall require that a contract for technical assistance under paragraph (1) shall be awarded to an organization designated by the tribally controlled college or university to be assisted.

(b) Effect of section

No authority to enter into contracts provided by this section shall be effective except to the extent authorized in advance by appropriations Acts.

(Pub. L. 95–471, title I, §105, formerly §104, Oct. 17, 1978, 92 Stat. 1326; renumbered §105 and amended Pub. L. 98–192, §§4(a)(1), 5, Dec. 1, 1983, 97 Stat. 1336; Pub. L. 105–244, title IX, §901(b)(5), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 110–315, title IX, §941(e), Aug. 14, 2008, 122 Stat. 3461.)

Editorial Notes

Amendments

2008—Pub. L. 110–315 inserted subsec. and par. designations and headings, designated first sentence as par. (1) of subsec. (a), designated second sentence as par. (2) of subsec. (a) and substituted "The Secretary shall require that a contract for technical assistance under paragraph (1) shall be awarded" for "In the awarding of contracts for technical assistance, preference shall be given", and designated third sentence as subsec. (b).

1998—Pub. L. 105–244 substituted "college or university" for "community college" in two places.

1983—Pub. L. 98–192, §5, inserted "from a tribally controlled community college which is receiving funds under section 1808 of this title" and struck out "to tribally controlled community colleges" before "either directly".

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.
25 U.S.C. § 575 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XV: SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 575: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act July 27, 1939, ch. 387, §5, 53 Stat. 1129, which related to restoration of lands to tribal ownership, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4194 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VI: FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES / Section 4194: Training and information
Training and information
Status: in_force

The Secretary, in cooperation with eligible public entities, shall carry out training and information activities with respect to the guarantee program under this subchapter.

(Pub. L. 104–330, title VI, §604, Oct. 26, 1996, 110 Stat. 4047.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 26, 1996, see section 606 of Pub. L. 104–330, set out as a note under section 4191 of this title.
25 U.S.C. § 50 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 50: Repealed. Pub. L. 88-448, title IV, §402(a)(2), Aug. 19, 1964, 78 Stat. 492
Repealed. Pub. L. 88-448, title IV, §402(a)(2), Aug. 19, 1964, 78 Stat. 492
Status: repealed

Section, R.S. §2074, related to holding of two offices. See section 5533 of Title 5, Government Organization and Employees.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on first day of first month which begins later than the 90th day following Aug. 19, 1964, see Pub. L. 88–448, title IV, §403, Aug. 19, 1964, 78 Stat. 496.
25 U.S.C. § 2631 (2024) — Title 25: INDIANS / Chapter 28: INDIAN EDUCATION PROGRAM / Subchapter III: SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS / Section 2631: Repealed. Pub. L. 103-382, title III, §367, Oct. 20, 1994, 108 Stat. 3976
Repealed. Pub. L. 103-382, title III, §367, Oct. 20, 1994, 108 Stat. 3976
Status: repealed

Section, Pub. L. 100–297, title V, §5330, Apr. 28, 1988, 102 Stat. 410, related to improvement of educational opportunities for adult Indians. See section 7851 of Title 20, Education.
25 U.S.C. § 1300b (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXXIII: KICKAPOO INDIANS OF KANSAS AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1300b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–467, §1, Oct. 6, 1972, 86 Stat. 781, which related to division of judgment funds on the basis of tribal membership rolls after payment of attorney fees and litigation expenses, was omitted from the Code as being of special and not general application.
25 U.S.C. § 134 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 134: Appropriations for supplies available immediately; time for distribution
Appropriations for supplies available immediately; time for distribution
Status: in_force

So much of the appropriations of any annual Indian Appropriation Act as may be required to pay for goods and supplies, for expenses incident to their purchase, and for transportation of the same, for the fiscal year for which such appropriations are made, shall be immediately available, upon the approval of such Act, but no such goods or supplies shall be distributed or delivered to any of said Indians prior to the beginning of such fiscal year.

(Mar. 1, 1907, ch. 2285, 34 Stat. 1016.)
25 U.S.C. § 758 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 758: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §18, 68 Stat. 1104, which provided for revocation of corporate charter and termination of Federal power effective on the date of the proclamation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1118 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LIV: MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1118: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–659, §8, Oct. 14, 1966, 80 Stat. 910, 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. § 741 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 741: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §1, 68 Stat. 1099, which set out the purpose of this subchapter, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Repeal of Inconsistent Laws

Act Sept. 1, 1954, ch. 1207, §20, 68 Stat. 1104, which provided for repeal of Acts or parts of Acts inconsistent with this subchapter, insofar as they affected the tribe or its members, was omitted from the Code as being of special and not general application.

Separability

Act Sept. 1, 1954, ch. 1207, §21, 68 Stat. 1104, which set forth separability provision, was omitted from the Code as being of special and not general application.
25 U.S.C. § 500k (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter VII: REINDEER INDUSTRY / Section 500k: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1937, ch. 897, §12, 50 Stat. 902, which authorized Secretary to promulgate rules and regulations, was omitted from the Code as being of special and not general application.
25 U.S.C. § 506 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter VIII: INDIANS IN OKLAHOMA: PROMOTION OF WELFARE / Section 506: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 506 was editorially reclassified as section 5206 of this title.
25 U.S.C. § 781 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIV: CREEK NATION OF INDIANS / Section 781: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 1, 1955, ch. 444, §2, 69 Stat. 431, which authorized the Secretary of the Interior to complete allotment equalization payments and to distribute certain judgment funds, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3076 (2024) — Title 25: INDIANS / Chapter 32B: SAFEGUARD TRIBAL OBJECTS OF PATRIMONY / Section 3076: Native working group
Native working group
Status: in_force

(a) In general

The Secretary shall convene a Native working group consisting of not fewer than 12 representatives of Indian Tribes and Native Hawaiian organizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawaiian organizations, to advise the Federal Government in accordance with this section.

(b) Recommendations

The Native working group convened under subsection (a) may provide recommendations regarding—

(1) the voluntary return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage; and

(2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets.

(c) Requests

The Native working group convened under subsection (a) may make formal requests to initiate certain agency actions, including requests that—

(1) the Department of Justice initiate judicial proceedings domestically or abroad to aid in the repatriation cultural items and archaeological resources; and

(2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation.

(d) Agency and committee assistance

(1) In general

On request by the Native working group convened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and assistance to the Native working group.

(2) Description of agencies and committees

The agencies and committees referred to in paragraph (1) are the following:

(A) The Department of the Interior.

(B) The Department of Justice.

(C) The Department of Homeland Security.

(D) The Department of State.

(E) The review committee established under section 3006(a) of this title.

(F) The Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act (Public Law 114–151; 19 U.S.C. 2601 note).

(G) Any other relevant Federal agency, committee, or working group.

(e) Applicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to the Native working group convened under subsection (a).

(Pub. L. 117–258, §8, Dec. 21, 2022, 136 Stat. 2384.)

Editorial Notes

References in Text

The Federal Advisory Committee Act, referred to in subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§1001 et seq.) of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

1 See References in Text note below.
25 U.S.C. § 2209 (2024) — Title 25: INDIANS / Chapter 24: INDIAN LAND CONSOLIDATION / Section 2209: Trusteeship title of United States for any Indian or Indian tribe
Trusteeship title of United States for any Indian or Indian tribe
Status: in_force

Title to any land acquired under this chapter by any Indian or Indian tribe shall be taken in trust by the United States for that Indian or Indian tribe.

(Pub. L. 97–459, title II, §210, Jan. 12, 1983, 96 Stat. 2519.)
25 U.S.C. § 34 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 34: Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 642, 650
Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 642, 650
Status: repealed

Section 34, acts Aug. 24, 1912, ch. 355, §8, 37 Stat. 487; June 6, 1939, ch. 185, 53 Stat. 810, authorized the superintendent, acting superintendent, and principal clerks of the different Indian superintendencies or Indian agencies to administer oaths to expense accounts.

Section 35, R.S. §2064, authorized Indian Agents to take acknowledgements of deeds and to administer oaths.
25 U.S.C. § 1126 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LIV: MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1126: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–309, §5, June 2, 1972, 86 Stat. 200, which directed that funds be distributed equally to the individuals enrolled, was omitted from the Code as being of special and not general application.
25 U.S.C. § 346 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 346: Proceedings in actions for allotments
Proceedings in actions for allotments
Status: in_force

The plaintiff shall cause a copy of his petition filed under section 345 of this title, to be served upon the United States attorney in the district wherein suit is brought, and shall mail a copy of same, by registered letter, to the Attorney General of the United States, and shall thereupon cause to be filed with the clerk of the court wherein suit is instituted an affidavit of such service and the mailing of such letter. It shall be the duty of the United States attorney upon whom service of petition is made as aforesaid to appear and defend the interests of the Government in the suit, and within sixty days after the service of petition upon him, unless the time should be extended by order of the court made in the case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counterclaim, set-off, claim for damages, or other demand or defense whatsoever of the Government in the premises: Provided, That should the United States attorney neglect or refuse to file the plea, answer, demurrer, or defense, as required, the plaintiff may proceed with the case under such rules as the court may adopt in the premises; but the plaintiff shall not have judgment or decree for his claim, or any part thereof, unless he shall establish the same by proof satisfactory to the court.

(Feb. 6, 1901, ch. 217, §2, 31 Stat. 760; June 25, 1948, ch. 646, §1, 62 Stat. 909.)

Statutory Notes and Related Subsidiaries

Change of Name

"United States attorney" substituted in text for "district attorney of the United States" on authority of act June 25, 1948. See section 541 of Title 28, Judiciary and Judicial Procedure.
25 U.S.C. § 65 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 65: Discontinuance of agents, subagents, and interpreters
Discontinuance of agents, subagents, and interpreters
Status: in_force

The Secretary of the Interior shall, under the direction of the President, cause to be discontinued the services of such agents, subagents, interpreters, and mechanics as may from time to time become unnecessary, in consequence of the emigration of the Indians, or other causes.

(R.S. §2073; Feb. 27, 1877, ch. 69, §1, 19 Stat. 244.)

Editorial Notes

Codification

R.S. §2073 derived from act July 9, 1832, ch. 174, §5, 4 Stat. 564.

Statutory Notes and Related Subsidiaries

Indian Agents

The services of Indian agents have been dispensed with. See note set out under section 64 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. § 3057 (2024) — Title 25: INDIANS / Chapter 32A: CULTURAL AND HERITAGE COOPERATION AUTHORITY / Section 3057: Severability and savings provisions
Severability and savings provisions
Status: in_force

(a) Severability

If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance is held invalid, the application of such provision or circumstance and the remainder of this chapter shall not be affected thereby.

(b) Savings

Nothing in this chapter—

(1) diminishes or expands the trust responsibility of the United States to Indian tribes, or any legal obligation or remedy resulting from that responsibility;

(2) alters, abridges, repeals, or affects any valid agreement between the Forest Service and an Indian tribe;

(3) alters, abridges, diminishes, repeals, or affects any reserved or other right of an Indian tribe; or

(4) alters, abridges, diminishes, repeals, or affects any other valid existing right relating to National Forest System land or other public land.

(Pub. L. 110–234, title VIII, §8107, May 22, 2008, 122 Stat. 1289; Pub. L. 110–246, §4(a), title VIII, §8107, June 18, 2008, 122 Stat. 1664, 2051.)

Editorial Notes

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.
25 U.S.C. § 821 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXVI: PEORIA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 821: Repealed. Pub. L. 95-281, §1(b)(2), May 15, 1978, 92 Stat. 246
Repealed. Pub. L. 95-281, §1(b)(2), May 15, 1978, 92 Stat. 246
Status: repealed

Section, act Aug. 2, 1956, ch. 881, §1, 70 Stat. 937, set out purpose of former sections 821 to 826 of this title as termination of Federal supervision and services for tribe.
25 U.S.C. § 2a (2024) — Title 25: INDIANS / Chapter 1: BUREAU OF INDIAN AFFAIRS / Section 2a: Assistant or deputy commissioners; appointment; powers and duties
Assistant or deputy commissioners; appointment; powers and duties
Status: in_force

Assistant or deputy commissioners of the Bureau of Indian Affairs, in the Department of the Interior, shall be appointed by the Secretary of the Interior, subject to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5. Appointments to these positions shall be considered as made under the authority of section 3101 of title 5. Assistant and deputy commissioners so appointed shall be authorized to sign such letters, papers, and documents and to perform such other duties as may be directed by the commissioner of the Bureau of Indian Affairs. The Secretary may designate for the Bureau of Indian Affairs an assistant or deputy commissioner, who shall be authorized to perform the duties of the commissioner in case of the death, resignation, absence, or sickness of the commissioner.

(June 5, 1942, ch. 336, §1, 56 Stat. 312; 1946 Reorg. Plan No. 3, §403(d), eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972.)

Editorial Notes

Codification

"Chapter 51 and subchapter III of chapter 53 of title 5" and "section 3101 of title 5" substituted in text for "the Classification Act of 1949, as amended" and "section 169 of the Revised Statutes, as amended (5 U.S.C., sec. 43)", respectively, on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Section embodies only those provisions of section 1 of act June 5, 1942, which relate to the Bureau of Indian Affairs. Provisions of section 1 of such act relating to the General Land Office were classified to section 3a of Title 43, Public Lands, and were omitted from the Code pursuant to Reorg. Plan No. 3 of 1946.

Amendments

1949—Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".

Statutory Notes and Related Subsidiaries

Repeals

Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.

Repeal of Inconsistent Laws

Act June 5, 1942, ch. 336, §2, 56 Stat. 312, provided that: "All provisions of law inconsistent with this Act [this section] are hereby repealed to the extent of such inconsistency."

Assistant Commissioners

An assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, §1, 38 Stat. 490.

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. § 1300e (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXXVI: ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF JUDGMENT FUND / Section 1300e: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–557, §1, Oct. 25, 1972, 86 Stat. 1171, which related to division of judgment funds between tribal groups and payment of attorney fees and expenses, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1660c (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter IV: HEALTH SERVICES FOR URBAN INDIANS / Section 1660c: Urban NIAAA transferred programs
Urban NIAAA transferred programs
Status: in_force

(a) Duty of Secretary

The Secretary shall, within the Branch of Urban Health Programs of the Service, make grants or enter into contracts for the administration of urban Indian alcohol programs that were originally established under the National Institute on Alcoholism and Alcohol Abuse (hereafter in this section referred to as "NIAAA") and transferred to the Service.

(b) Use of grants

Grants provided or contracts entered into under this section shall be used to provide support for the continuation of alcohol prevention and treatment services for urban Indian populations and such other objectives as are agreed upon between the Service and a recipient of a grant or contract under this section.

(c) Eligibility for grants

Urban Indian organizations that operate Indian alcohol programs originally funded under NIAAA and subsequently transferred to the Service are eligible for grants or contracts under this section.

(d) Combination of funds

For the purpose of carrying out this section, the Secretary may combine NIAAA alcohol funds with other substance abuse funds currently administered through the Branch of Urban Health Programs of the Service.

(e) Evaluation and report to Congress

The Secretary shall evaluate and report to the Congress on the activities of programs funded under this section at least every 5 years.

(Pub. L. 94–437, title V, §513, as added Pub. L. 102–573, title V, §504, Oct. 29, 1992, 106 Stat. 4570; amended Pub. L. 105–362, title VI, §602(a), Nov. 10, 1998, 112 Stat. 3286.)

Editorial Notes

Amendments

1998—Subsec. (e). Pub. L. 105–362 substituted "every 5 years" for "every two years".

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (e) of this section relating to reporting to Congress on the activities of programs funded under this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 97 of House Document No. 103–7.
25 U.S.C. § 1806 (2024) — Title 25: INDIANS / Chapter 20: TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE / Subchapter I: TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM / Section 1806: Eligibility studies
Eligibility studies
Status: in_force

(a) Development of plans, procedures, and criteria

The Secretary is authorized to enter into an agreement with the Secretary of Education to assist the Bureau of Indian Affairs in developing plans, procedures, and criteria for conducting the eligibility studies required by this section. Such agreement shall provide for continuing technical assistance in the conduct of such studies.

(b) Initiation by Secretary; grant applications and budgets

The Secretary, within thirty days after a request by any Indian tribe, shall initiate a 1 eligibility study to determine whether there is justification to encourage and maintain a tribally controlled college or university, and, upon a positive determination, shall aid in the preparation of grant applications and related budgets which will insure successful operation of such an institution. Such a positive determination shall be effective for the fiscal year succeeding the fiscal year in which such determination is made.

(c) Source of appropriations

Funds to carry out the purposes of this section for any fiscal year may be drawn from either—

(1) general administrative appropriations to the Secretary made after October 17, 1978 for such fiscal year; or

(2) not more than 5 per centum of the funds appropriated to carry out section 1807 of this title for such fiscal year.

(Pub. L. 95–471, title I, §106, formerly §105, Oct. 17, 1978, 92 Stat. 1326; renumbered §106 and amended Pub. L. 98–192, §§4(a)(1), (b)(1), 6(a), Dec. 1, 1983, 97 Stat. 1336, 1337; Pub. L. 105–244, title IX, §901(b)(5), Oct. 7, 1998, 112 Stat. 1828.)

Editorial Notes

Amendments

1998—Subsec. (b). Pub. L. 105–244 substituted "college or university" for "community college".

1983—Subsec. (a). Pub. L. 98–192, §6(a)(2), (3), substituted "eligibility" for "feasibility" and "Secretary of Education" for "Assistant Secretary of Education of the Department of Health, Education, and Welfare".

Subsec. (b). Pub. L. 98–192, §6(a)(2), (4), inserted provision that such positive determination be effective for fiscal year succeeding fiscal year in which such determination is made, and substituted "eligibility" for "feasibility".

Subsec. (c)(2). Pub. L. 98–192, §§4(b)(1), 6(a)(5), substituted "5 per centum" for "10 per centum" and made a technical amendment to reference to section 1807 of this title to reflect renumbering of that section.

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.

1 So in original. Probably should be "an".
25 U.S.C. § 754 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 754: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §14, 68 Stat. 1103, which related to advances or expenditures from tribal funds pending completion of property dispositions, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1013 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLVIII: SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION OF JUDGMENT FUND / Section 1013: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 88–464, §3, Aug. 20, 1964, 78 Stat. 563, which provided for distribution of shares to enrollees and their heirs and legatees according to rules and regulations prescribed by the Secretary of the Interior and for exemption of such distributions from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 279 (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 279: Rations to mission schools
Rations to mission schools
Status: in_force

Mission schools on an Indian reservation may, under rules and regulations prescribed by the Commissioner of Indian Affairs, receive for such Indian children duly enrolled therein, the rations of food and clothing to which said children would be entitled under treaty stipulations if such children were living with their parents.

(June 21, 1906, ch. 3504, 34 Stat. 326.)

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. § 504 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter VIII: INDIANS IN OKLAHOMA: PROMOTION OF WELFARE / Section 504: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 504 was editorially reclassified as section 5204 of this title.
25 U.S.C. § 164 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter III: DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS / Section 164: Restoration to tribal ownership of unclaimed per capita and other individual payments of tribal trust funds; deposit in general fund of the Treasury
Restoration to tribal ownership of unclaimed per capita and other individual payments of tribal trust funds; deposit in general fund of the Treasury
Status: in_force

Unless otherwise specifically provided by law, the share of an individual member of an Indian tribe or group in a per capita or other distribution, individualization, segregation, or proration of Indian tribal or group funds held in trust by the United States, or in an annuity payment under a treaty, heretofore or hereafter authorized by law, and any interest earned on such share that is properly creditable to the individual shall be restored to tribal ownership if for any reason such share cannot be paid to the individual entitled thereto and remains unclaimed for a period of six years from the date of the administrative directive to make the payment, or one year from September 22, 1961, whichever occurs later: Provided, That if such individual is a member of an Indian tribe or group that has no governing body recognized by the Secretary of the Interior as authorized to act on behalf of the tribe or group, such unpaid share and interest shall be regarded as not capable of restoration to a tribal or group entity and shall be deposited in the general fund of the Treasury of the United States.

(Pub. L. 87–283, §1, Sept. 22, 1961, 75 Stat. 584.)
25 U.S.C. § 23 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 23: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 23, act May 17, 1882, ch. 163, §1, 22 Stat. 70, related to the powers and duties of the Board of Indian Commissioners, and was omitted as superseded by Ex. Ord. No. 6145 of May 25, 1933, which abolished the Board and transferred its records, property, and personnel to the supervision of the Secretary of the Interior.

Section 24, R.S. §2042, related to the investigations by a member of the Board of Indian Commissioners, and was omitted as superseded by Ex. Ord. No. 6145 of May 25, 1933.
25 U.S.C. § 1680u (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter VI: MISCELLANEOUS / Section 1680u: Traditional health care practices
Traditional health care practices
Status: in_force

Although the Secretary may promote traditional health care practices, consistent with the Service standards for the provision of health care, health promotion, and disease prevention under this chapter, the United States is not liable for any provision of traditional health care practices pursuant to this chapter that results in damage, injury, or death to a patient. Nothing in this subsection shall be construed to alter any liability or other obligation that the United States may otherwise have under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 1 or this chapter.

(Pub. L. 94–437, title VIII, §831, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

This chapter, referred to in text, 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.

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in text, 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.

Codification

Section 831 of Pub. L. 94–437 is based on section 199A 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 See References in Text note below.
25 U.S.C. § 5137 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5137: Removal of duplicative appraisals
Removal of duplicative appraisals
Status: in_force

Notwithstanding any other law (including regulations), in making loans under section 5136 of this title, borrowers who are Indian tribes, members of Indian tribes, or tribal corporations shall only be required to obtain 1 appraisal under an appraisal standard recognized as of February 7, 2014, by the Secretary or the Secretary of the Interior.

(Pub. L. 113–79, title V, §5403, Feb. 7, 2014, 128 Stat. 840.)

Editorial Notes

Codification

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

Statutory Notes and Related Subsidiaries

Definition of "Secretary"

"Secretary" as meaning the Secretary of Agriculture, see section 9001 of Title 7, Agriculture.
25 U.S.C. § 677u (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 677u: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1009, §22, 68 Stat. 877, which related to protection of minors, persons non compos mentis, and other members needing assistance, was omitted from the Code as being of special and not general application.
25 U.S.C. § 768 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 768: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 96–227, §9, Apr. 3, 1980, 94 Stat. 322, which authorized the Secretary of the Interior to make rules and regulations necessary to carry out the purposes of this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 381 (2024) — Title 25: INDIANS / Chapter 11: IRRIGATION OF ALLOTTED LANDS / Section 381: Irrigation lands; regulation of use of water
Irrigation lands; regulation of use of water
Status: in_force

In cases where the use of water for irrigation is necessary to render the lands within any Indian reservation available for agricultural purposes, the Secretary of the Interior is authorized to prescribe such rules and regulations as he may deem necessary to secure a just and equal distribution thereof among the Indians residing upon any such reservations; and no other appropriation or grant of water by any riparian proprietor shall be authorized or permitted to the damage of any other riparian proprietor.

(Feb. 8, 1887, ch. 119, §7, 24 Stat. 390.)
25 U.S.C. § 677a (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 677a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1009, §2, 68 Stat. 868, which set out definitions, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1103 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LIII: NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND / Section 1103: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–656, §3, Oct. 14, 1966, 80 Stat. 906, 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. § 1779 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XIII: CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT / Section 1779: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 107–331, title VI, §602, Dec. 13, 2002, 116 Stat. 2845, which set out congressional findings, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 107–331, title VI, §601, Dec. 13, 2002, 116 Stat. 2845, provided that title VI of Pub. L. 107–331, enacting this subchapter, could be cited as the "Cherokee, Choctaw, and Chickasaw Nations Claims Settlement Act".
25 U.S.C. § 469 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 469: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 469 was editorially reclassified as section 5112 of this title.
25 U.S.C. § 1182 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LX: DELAWARE NATION OF INDIANS / Section 1182: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–508, §2, Sept. 21, 1968, 82 Stat. 861, which provided for judgment funds to be divided equally between the Cherokee Delawares and the Delaware Tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1101 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LIII: NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND / Section 1101: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–656, §1, Oct. 14, 1966, 80 Stat. 906, which related to membership roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1771g (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter V: MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT / Section 1771g: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 100–95, §9, Aug. 18, 1987, 101 Stat. 709, which related to applicability of State law, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3417 (2024) — Title 25: INDIANS / Chapter 36: INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES / Section 3417: Assignment of Federal personnel to State Indian economic development programs
Assignment of Federal personnel to State Indian economic development programs
Status: in_force

Any State with an economic development program targeted to Indian tribes shall be eligible to receive, at no cost to the State, such Federal personnel assignments as the Secretary, in accordance with the applicable provisions of the Intergovernmental Personnel Act of 1970 [42 U.S.C. 4701 et seq.], may deem appropriate to help ensure the success of such program.

(Pub. L. 102–477, §16, formerly §18, Oct. 23, 1992, 106 Stat. 2306; renumbered §16, Pub. L. 115–93, 16(b), Dec. 18, 2017, 131 Stat. 2036.)

Editorial Notes

References in Text

The Intergovernmental Personnel Act of 1970, referred to in text, is Pub. L. 91–648, Jan. 5, 1971, 84 Stat. 1909, which enacted sections 3371 to 3376 of Title 5, Government Organization and Employees, and chapter 62 (§4701 et seq.) of Title 42, The Public Health and Welfare, amended section 1304 of Title 5 and section 246 of Title 42, repealed sections 1881 to 1888 of Title 7, Agriculture, and section 869b of Title 20, Education, and enacted provisions set out as notes under section 3371 of Title 5. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of Title 42 and Tables.

Prior Provisions

A prior section 16 of Pub. L. 102–477 was classified to section 3415 of this title, prior to repeal by Pub. L. 115–93.
25 U.S.C. § 2641 (2024) — Title 25: INDIANS / Chapter 28: INDIAN EDUCATION PROGRAM / Subchapter IV: PROGRAM ADMINISTRATION / Section 2641: Repealed. Pub. L. 103-382, title III, §367, Oct. 20, 1994, 108 Stat. 3976
Repealed. Pub. L. 103-382, title III, §367, Oct. 20, 1994, 108 Stat. 3976
Status: repealed

Section 2641, Pub. L. 100–297, title V, §5341, Apr. 28, 1988, 102 Stat. 411; Pub. L. 100–427, §21, Sept. 9, 1988, 102 Stat. 1612, related to establishment of Office of Indian Education within Department of Education. See section 3423c of Title 20, Education.

Section 2642, Pub. L. 100–297, title V, §5342, Apr. 28, 1988, 102 Stat. 412; Pub. L. 100–427, §22, Sept. 9, 1988, 102 Stat. 1613, established National Advisory Council on Indian Education.

Section 2643, Pub. L. 100–297, title V, §5343, Apr. 28, 1988, 102 Stat. 413, authorized appropriations for administration of Indian education programs. See section 7882 of Title 20, Education.
25 U.S.C. § 251 (2024) — Title 25: INDIANS / Chapter 6: GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS / Subchapter II: TRAFFIC IN INTOXICATING LIQUORS / Section 251: Repealed. Pub. L. 115-304, §1, Dec. 11, 2018, 132 Stat. 4401
Repealed. Pub. L. 115-304, §1, Dec. 11, 2018, 132 Stat. 4401
Status: repealed

Section, R.S. §2141, established a penalty of $1,000 for setting up or continuing a distillery for manufacturing ardent spirits and mandated the destruction of the distillery.

Statutory Notes and Related Subsidiaries

No Effect on Taxation or State Authority To Regulate Alcohol Within State Borders

Pub. L. 115–304, §2, Dec. 11, 2018, 132 Stat. 4401, provided that:

"(a) No Effect on Taxation.—Nothing in section 1 [repealing this section] or the repeal made by section 1 shall affect State or Federal taxation.

"(b) State Authority Unaffected.—Nothing in section 1 or the repeal made by section 1 shall diminish, enlarge, or otherwise affect a State's authority to regulate the importation and sale of alcoholic beverages within its own borders, including State authority over the manufacture, distribution, transportation, or sale of intoxicating liquors."
25 U.S.C. § 1776d (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter X: CROW LAND CLAIMS SETTLEMENT / Section 1776d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–444, §6, Nov. 2, 1994, 108 Stat. 4638; amended Pub. L. 103–435, §23, Nov. 2, 1994, 108 Stat. 4575, which provided for the establishment and administration of the Crow Tribal Trust Fund, was omitted from the Code as being of special and not general application.
25 U.S.C. § 799 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXV: WYANDOTTE TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 799: 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, §9, 70 Stat. 895, provided for protection by Secretary of minors, etc., prior to transfers or removal of restrictions on property.
25 U.S.C. § 3055 (2024) — Title 25: INDIANS / Chapter 32A: CULTURAL AND HERITAGE COOPERATION AUTHORITY / Section 3055: Forest products for traditional and cultural purposes
Forest products for traditional and cultural purposes
Status: in_force

(a) In general

Notwithstanding section 472a of title 16, the Secretary may provide free of charge to Indian tribes any trees, portions of trees, or forest products from National Forest System land for traditional and cultural purposes.

(b) Prohibition

Trees, portions of trees, or forest products provided under subsection (a) may not be used for commercial purposes.

(Pub. L. 110–234, title VIII, §8105, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, §4(a), title VIII, §8105, June 18, 2008, 122 Stat. 1664, 2050.)

Editorial Notes

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. § 340 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 340: Extension of certain provisions
Extension of certain provisions
Status: in_force

The provisions of the Act of February 8, 1887, are declared to extend to and are made applicable to the Confederated Wea, Peoria, Kaskaskia, and Piankeshaw tribes of Indians, and the Western Miami tribe of Indians, located in the northeastern part of the former Indian Territory and to their reservation, in the same manner and to the same extent as if said tribes had not been excepted from the provisions of said act, except as to section 349 of this title, and as otherwise hereinafter provided.

(Mar. 2, 1889, ch. 422, §1, 25 Stat. 1013.)

Editorial Notes

References in Text

Act of February 8, 1887, referred to in text, was in the original "chapter One hundred and Nineteen of the acts of eighteen hundred and eighty seven, entitled 'An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes,' ". The Act appears in 24 Stat. 388, and is popularly known as the Indian General Allotment Act. For classification of this Act to the Code, see Short Title note set out under section 331 of this title and Tables.
25 U.S.C. § 337 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 337: Allotments in national forests
Allotments in national forests
Status: in_force

The Secretary of the Interior is authorized, in his discretion, to make allotments within the national forests in conformity with the general allotment laws, to any Indian occupying, living on, or having improvements on land included within any such national forest who is not entitled to an allotment on any existing Indian reservation, or for whose tribe no reservation has been provided, or whose reservation was not sufficient to afford an allotment to each member thereof. All applications for allotments under the provisions of this section shall be submitted to the Secretary of Agriculture who shall determine whether the lands applied for are more valuable for agricultural or grazing purposes than for the timber found thereon; and if it be found that the lands applied for are more valuable for agricultural or grazing purposes, then the Secretary of the Interior shall cause allotment to be made as herein provided.

(June 25, 1910, ch. 431, §31, 36 Stat. 863.)
25 U.S.C. § 407d (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 407d: Charges for special services to purchasers of timber
Charges for special services to purchasers of timber
Status: in_force

The Secretary of the Interior is authorized to charge purchasers of timber on Indian lands that are held by the United States in trust, or that are subject to restrictions against alienation or encumbrance imposed by the United States, for special services requested by the purchasers in connection with scaling, timber marking, or other activities under the contract of purchase that are in addition to the services otherwise provided by the Secretary, and the proceeds derived therefrom shall be deposited to the credit of the appropriation from which the special services were or will be provided.

(July 30, 1956, ch. 781, 70 Stat. 721.)
25 U.S.C. § 5390 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter V: TRIBAL SELF-GOVERNANCE-INDIAN HEALTH SERVICE / Section 5390: Federal procurement laws and regulations
Federal procurement laws and regulations
Status: in_force

Regarding construction programs or projects, the Secretary and Indian tribes may negotiate for the inclusion of specific provisions of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 and Federal acquisition regulations in any funding agreement entered into under this subchapter. Absent a negotiated agreement, such provisions and regulatory requirements shall not apply.

(Pub. L. 93–638, title V, §510, as added Pub. L. 106–260, §4, Aug. 18, 2000, 114 Stat. 726.)

Editorial Notes

Codification

Section was formerly classified to section 458aaa–9 of this title prior to editorial reclassification and renumbering as this section.

In text, "division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41" substituted for "the Office of Federal Procurement and Policy Act (41 U.S.C. 401 et seq.)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
25 U.S.C. § 747 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 747: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §7, 68 Stat. 1102, which related to property of deceased members, was omitted from the Code as being of special and not general application.
25 U.S.C. § 894 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XL: MENOMINEE TRIBE OF WISCONSIN: TERMINATION OF FEDERAL SUPERVISION / Section 894: Repealed. Pub. L. 93-197, §3(b), Dec. 22, 1973, 87 Stat. 770
Repealed. Pub. L. 93-197, §3(b), Dec. 22, 1973, 87 Stat. 770
Status: repealed

Section, act June 17, 1954, ch. 303, §5, 68 Stat. 251, authorized payment of $1,500 to tribal members.
25 U.S.C. § 566 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIV: KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 566: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 99–398, §2, Aug. 27, 1986, 100 Stat. 849; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095, which related to restoration of Federal recognition, rights, and privileges to the tribe and tribe members, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 99–398, §1, Aug. 27, 1986, 100 Stat. 849, provided that Pub. L. 99–398, enacting this subchapter, could be cited as the "Klamath Indian Tribe Restoration Act".
25 U.S.C. § 13c (2024) — Title 25: INDIANS / Chapter 1: BUREAU OF INDIAN AFFAIRS / Section 13c: Source of funds to pay cost of lunches for nonboarding public school students
Source of funds to pay cost of lunches for nonboarding public school students
Status: in_force

On and after October 12, 1984, any cost of providing lunches to nonboarding students in public schools from funds appropriated under this or any other Act for the Bureau of Indian Affairs shall be paid from the amount of such funds otherwise allocated for the schools involved without regard to the cost of providing lunches for such students.

(Pub. L. 98–473, title I, §101(c) [title I, §100], Oct. 12, 1984, 98 Stat. 1837, 1848.)
25 U.S.C. § 1921 (2024) — Title 25: INDIANS / Chapter 21: INDIAN CHILD WELFARE / Subchapter I: CHILD CUSTODY PROCEEDINGS / Section 1921: Higher State or Federal standard applicable to protect rights of parent or Indian custodian of Indian child
Higher State or Federal standard applicable to protect rights of parent or Indian custodian of Indian child
Status: in_force

In any case where State or Federal law applicable to a child custody proceeding under State or Federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this subchapter, the State or Federal court shall apply the State or Federal standard.

(Pub. L. 95–608, title I, §111, Nov. 8, 1978, 92 Stat. 3075.)
25 U.S.C. § 1961 (2024) — Title 25: INDIANS / Chapter 21: INDIAN CHILD WELFARE / Subchapter IV: MISCELLANEOUS PROVISIONS / Section 1961: Locally convenient day schools
Locally convenient day schools
Status: in_force

(a) Sense of Congress

It is the sense of Congress that the absence of locally convenient day schools may contribute to the breakup of Indian families.

(b) Report to Congress; contents, etc.

The Secretary is authorized and directed to prepare, in consultation with appropriate agencies in the Department of Health and Human Services, a report on the feasibility of providing Indian children with schools located near their homes, and to submit such report to the Select Committee on Indian Affairs of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives within two years from November 8, 1978. In developing this report the Secretary shall give particular consideration to the provision of educational facilities for children in the elementary grades.

(Pub. L. 95–608, title IV, §401, Nov. 8, 1978, 92 Stat. 3078; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

Statutory Notes and Related Subsidiaries

Change of Name

"Department of Health and Human Services" substituted for "Department of Health, Education, and Welfare" in subsec. (b), pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Select Committee on Indian Affairs of the Senate redesignated Committee on Indian Affairs of the Senate by section 25 of Senate Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress.

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
25 U.S.C. § 657 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXV: INDIANS OF CALIFORNIA / Section 657: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act May 18, 1928, ch. 624, §7, 45 Stat. 603; Apr. 29, 1930, ch. 222, 46 Stat. 259; June 30, 1948, ch. 765, §1, 62 Stat. 1166; May 24, 1950, ch. 196, §1, 64 Stat. 189; June 8, 1954, ch. 271, §1, 68 Stat. 240, which related to revision of the roll of the Indians of California, was omitted from the Code as being of special and not general application.
25 U.S.C. § 124 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 124: Expenditures from tribal funds of Five Civilized Tribes without specific appropriations
Expenditures from tribal funds of Five Civilized Tribes without specific appropriations
Status: in_force

No money shall be expended from tribal funds belonging to the Five Civilized Tribes without specific appropriation by Congress.

(May 24, 1922, ch. 199, 42 Stat. 575.)
25 U.S.C. § 5130 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5130: Definitions
Definitions
Status: in_force

For the purposes of this title: 1

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

(2) The term "Indian tribe" means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe.

(3) The term "list" means the list of recognized tribes published by the Secretary pursuant to section 5131 of this title.

(Pub. L. 103–454, title I, §102, Nov. 2, 1994, 108 Stat. 4791.)

Editorial Notes

References in Text

This title, referred to in introductory provisions, is title I of Pub. L. 103–454, Nov. 2, 1994, 108 Stat. 4791, which enacted this section, section 5131 of this title, and provisions set out as a note below. For complete classification of this title to the Code, see Short Title of 1994 Amendment note set out under section 5101 of this title and Tables.

Codification

Section was formerly classified to section 479a of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Short Title

For short title of this section and section 5131 of this title as the "Federally Recognized Indian Tribe List Act of 1994", see section 101 of Pub. L. 103–454, set out as a note under section 5101 of this title.

Congressional Findings

Pub. L. 103–454, title I, §103, Nov. 2, 1994, 108 Stat. 4791, provided that: "The Congress finds that—

"(1) the Constitution, as interpreted by Federal case law, invests Congress with plenary authority over Indian Affairs;

"(2) ancillary to that authority, the United States has a trust responsibility to recognized Indian tribes, maintains a government-to-government relationship with those tribes, and recognizes the sovereignty of those tribes;

"(3) Indian tribes presently may be recognized by Act of Congress; by the administrative procedures set forth in part 83 of the Code of Federal Regulations denominated 'Procedures for Establishing that an American Indian Group Exists as an Indian Tribe;' or by a decision of a United States court;

"(4) a tribe which has been recognized in one of these manners may not be terminated except by an Act of Congress;

"(5) Congress has expressly repudiated the policy of terminating recognized Indian tribes, and has actively sought to restore recognition to tribes that previously have been terminated;

"(6) the Secretary of the Interior is charged with the responsibility of keeping a list of all federally recognized tribes;

"(7) the list published by the Secretary should be accurate, regularly updated, and regularly published, since it is used by the various departments and agencies of the United States to determine the eligibility of certain groups to receive services from the United States; and

"(8) the list of federally recognized tribes which the Secretary publishes should reflect all of the federally recognized Indian tribes in the United States which are eligible for the special programs and services provided by the United States to Indians because of their status as Indians."

1 See References in Text note below.
25 U.S.C. § 459b (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter IV: CONVEYANCE OF SUBMARGINAL LAND / Section 459b: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 459b was editorially reclassified as section 5503 of this title.
25 U.S.C. § 677q (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 677q: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1009, §18, 68 Stat. 877, which related to applicability of decedents' estates laws to individual trust property of mixed-blood members, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1902 (2024) — Title 25: INDIANS / Chapter 21: INDIAN CHILD WELFARE / Section 1902: Congressional declaration of policy
Congressional declaration of policy
Status: in_force

The Congress hereby declares that it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture, and by providing for assistance to Indian tribes in the operation of child and family service programs.

(Pub. L. 95–608, §3, Nov. 8, 1978, 92 Stat. 3069.)
25 U.S.C. § 3702 (2024) — Title 25: INDIANS / Chapter 39: AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT / Section 3702: Purposes
Purposes
Status: in_force

The purposes of this chapter are to—

(1) carry out the trust responsibility of the United States and promote the self-determination of Indian tribes by providing for the management of Indian agricultural lands and related renewable resources in a manner consistent with identified tribal goals and priorities for conservation, multiple use, and sustained yield;

(2) authorize the Secretary to take part in the management of Indian agricultural lands, with the participation of the beneficial owners of the land, in a manner consistent with the trust responsibility of the Secretary and with the objectives of the beneficial owners;

(3) provide for the development and management of Indian agricultural lands; and

(4) increase the educational and training opportunities available to Indian people and communities in the practical, technical, and professional aspects of agriculture and land management to improve the expertise and technical abilities of Indian tribes and their members.

(Pub. L. 103–177, §3, Dec. 3, 1993, 107 Stat. 2011.)
25 U.S.C. § 606 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XVII: YAKIMA TRIBES / Section 606: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 9, 1946, ch. 933, §6, 60 Stat. 969, which provided that new members enrolled after Aug. 9, 1946, be ineligible for back pay and annuities out of tribal funds, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2706 (2024) — Title 25: INDIANS / Chapter 29: INDIAN GAMING REGULATION / Section 2706: Powers of Commission
Powers of Commission
Status: in_force

(a) Budget approval; civil fines; fees; subpoenas; permanent orders

The Commission shall have the power, not subject to delegation—

(1) upon the recommendation of the Chairman, to approve the annual budget of the Commission as provided in section 2717 of this title;

(2) to adopt regulations for the assessment and collection of civil fines as provided in section 2713(a) of this title;

(3) by an affirmative vote of not less than 2 members, to establish the rate of fees as provided in section 2717 of this title;

(4) by an affirmative vote of not less than 2 members, to authorize the Chairman to issue subpoenas as provided in section 2715 of this title; and

(5) by an affirmative vote of not less than 2 members and after a full hearing, to make permanent a temporary order of the Chairman closing a gaming activity as provided in section 2713(b)(2) of this title.

(b) Monitoring; inspection of premises; investigations; access to records; mail; contracts; hearings; oaths; regulations

The Commission—

(1) shall monitor class II gaming conducted on Indian lands on a continuing basis;

(2) shall inspect and examine all premises located on Indian lands on which class II gaming is conducted;

(3) shall conduct or cause to be conducted such background investigations as may be necessary;

(4) may demand access to and inspect, examine, photocopy, and audit all papers, books, and records respecting gross revenues of class II gaming conducted on Indian lands and any other matters necessary to carry out the duties of the Commission under this chapter;

(5) may use the United States mail in the same manner and under the same conditions as any department or agency of the United States;

(6) may procure supplies, services, and property by contract in accordance with applicable Federal laws and regulations;

(7) may enter into contracts with Federal, State, tribal and private entities for activities necessary to the discharge of the duties of the Commission and, to the extent feasible, contract the enforcement of the Commission's regulations with the Indian tribes;

(8) may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission deems appropriate;

(9) may administer oaths or affirmations to witnesses appearing before the Commission; and

(10) shall promulgate such regulations and guidelines as it deems appropriate to implement the provisions of this chapter.

(c) Omitted

(d) Application of Government Performance and Results Act

(1) In general

In carrying out any action under this chapter, the Commission shall be subject to the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285).

(2) Plans

In addition to any plan required under the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285), the Commission shall submit a plan to provide technical assistance to tribal gaming operations in accordance with that Act.

(Pub. L. 100–497, §7, Oct. 17, 1988, 102 Stat. 2470; Pub. L. 109–221, title III, §301(a), May 12, 2006, 120 Stat. 341.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b)(4), (10) and (d)(1), 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.

The Government Performance and Results Act of 1993, referred to in subsec. (d), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.

Codification

Subsec. (c) of this section, which required the Commission to submit a report to Congress every two years on various matters relating to the operation of the Commission, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 114 of House Document No. 103-7.

Amendments

2006—Subsec. (d). Pub. L. 109–221 added subsec. (d).
25 U.S.C. § 1541 (2024) — Title 25: INDIANS / Chapter 17: FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS / Subchapter V: MISCELLANEOUS PROVISIONS / Section 1541: Competent management and technical assistance for economic enterprises
Competent management and technical assistance for economic enterprises
Status: in_force

Prior to and concurrent with the making or guaranteeing of any loan under subchapters I and II of this chapter and with the making of a grant under subchapter IV of this chapter, the purpose of which is to fund the development of an economic enterprise, the Secretary shall insure that the loan or grant applicant shall be provided competent management and technical assistance for preparation of the application and/or administration of funds granted consistent with the nature of the enterprise proposed to be or in fact funded.

(Pub. L. 93–262, title V, §501, Apr. 12, 1974, 88 Stat. 83; Pub. L. 98–449, §12, Oct. 4, 1984, 98 Stat. 1726.)

Editorial Notes

Amendments

1984—Pub. L. 98–449 amended section generally, inserting "Prior to and" and "for preparation of the application and/or administration of funds granted".
25 U.S.C. § 1680n (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter VI: MISCELLANEOUS / Section 1680n: Priority for Indian reservations
Priority for Indian reservations
Status: in_force

(a) Facilities and projects

Beginning on October 29, 1992, the Bureau of Indian Affairs and the Service shall, in all matters involving the reorganization or development of Service facilities, or in the establishment of related employment projects to address unemployment conditions in economically depressed areas, give priority to locating such facilities and projects on Indian lands if requested by the Indian tribe with jurisdiction over such lands.

(b) "Indian lands" defined

For purposes of this section, the term "Indian lands" means—

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

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

(Pub. L. 94–437, title VIII, §824, as added Pub. L. 102–573, title VIII, §812, Oct. 29, 1992, 106 Stat. 4589.)
25 U.S.C. § 450c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter II: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 450c: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 450c was editorially reclassified as section 5305 of this title.
25 U.S.C. § 1015 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLVIII: SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION OF JUDGMENT FUND / Section 1015: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 88–464, §5, Aug. 20, 1964, 78 Stat. 563, which authorized the Secretary of the Interior to prescribe rules and regulations to carry out the provisions of this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300f (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXXVII: PASCUA YAQUI TRIBE / Section 1300f: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 95–375, §1, Sept. 18, 1978, 92 Stat. 712; Pub. L. 103–357, §1(a), Oct. 14, 1994, 108 Stat. 3418, which related to eligibility of tribe members for services and assistance, administration of tribal lands, and exercise of criminal and civil jurisdiction over such lands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 36 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 36: Special agents and other officers to administer oaths
Special agents and other officers to administer oaths
Status: in_force

Each special agent, supervisor of schools, or other official charged with the investigation of Indian agencies and schools, in the pursuit of his official duties shall have power to administer oaths and to examine on oath all officers and persons employed in the Indian Service, and all such other persons as may be deemed necessary and proper.

(Mar. 1, 1899, ch. 324, §1, 30 Stat. 927.)

Statutory Notes and Related Subsidiaries

Indian Agents

The services of Indian agents have been dispensed with. See note set out under section 64 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. § 5118 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5118: Application generally
Application generally
Status: in_force

The provisions of this Act shall not apply to any of the Territories, colonies, or insular possessions of the United States, except that sections 9, 10, 11, 12, and 16 [25 U.S.C. 5112, 5113, 5115, 5116, 5123] shall apply to the Territory of Alaska: Provided, That sections 4, 7, 16, 17, and 18 of this Act [25 U.S.C. 5107, 5110, 5123, 5124, 5125] shall not apply to the following-named Indian tribes, the members of such Indian tribes, together with members of other tribes affiliated with such named tribes located in the State of Oklahoma, as follows: Cheyenne, Arapaho, Apache, Comanche, Kiowa, Caddo, Delaware, Wichita, Osage, Kaw, Otoe, Tonkawa, Pawnee, Ponca, Shawnee, Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac and Fox, Kickapoo, Pottawatomi, Cherokee, Chickasaw, Choctaw, Creek, and Seminole. Section 4 of this Act [25 U.S.C. 5107] shall not apply to the Indians of the Klamath Reservation in Oregon.

(June 18, 1934, ch. 576, §13, 48 Stat. 986; Pub. L. 101–301, §3(b), May 24, 1990, 104 Stat. 207.)

Editorial Notes

References in Text

This Act, 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 473 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1990—Pub. L. 101–301 substituted "sections 4," for "sections 2, 4," in proviso.

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. § 2711 (2024) — Title 25: INDIANS / Chapter 29: INDIAN GAMING REGULATION / Section 2711: Management contracts
Management contracts
Status: in_force

(a) Class II gaming activity; information on operators

(1) Subject to the approval of the Chairman, an Indian tribe may enter into a management contract for the operation and management of a class II gaming activity that the Indian tribe may engage in under section 2710(b)(1) of this title, but, before approving such contract, the Chairman shall require and obtain the following information:

(A) the name, address, and other additional pertinent background information on each person or entity (including individuals comprising such entity) having a direct financial interest in, or management responsibility for, such contract, and, in the case of a corporation, those individuals who serve on the board of directors of such corporation and each of its stockholders who hold (directly or indirectly) 10 percent or more of its issued and outstanding stock;

(B) a description of any previous experience that each person listed pursuant to subparagraph (A) has had with other gaming contracts with Indian tribes or with the gaming industry generally, including specifically the name and address of any licensing or regulatory agency with which such person has had a contract relating to gaming; and

(C) a complete financial statement of each person listed pursuant to subparagraph (A).

(2) Any person listed pursuant to paragraph (1)(A) shall be required to respond to such written or oral questions that the Chairman may propound in accordance with his responsibilities under this section.

(3) For purposes of this chapter, any reference to the management contract described in paragraph (1) shall be considered to include all collateral agreements to such contract that relate to the gaming activity.

(b) Approval

The Chairman may approve any management contract entered into pursuant to this section only if he determines that it provides at least—

(1) for adequate accounting procedures that are maintained, and for verifiable financial reports that are prepared, by or for the tribal governing body on a monthly basis;

(2) for access to the daily operations of the gaming to appropriate tribal officials who shall also have a right to verify the daily gross revenues and income made from any such tribal gaming activity;

(3) for a minimum guaranteed payment to the Indian tribe that has preference over the retirement of development and construction costs;

(4) for an agreed ceiling for the repayment of development and construction costs;

(5) for a contract term not to exceed five years, except that, upon the request of an Indian tribe, the Chairman may authorize a contract term that exceeds five years but does not exceed seven years if the Chairman is satisfied that the capital investment required, and the income projections, for the particular gaming activity require the additional time; and

(6) for grounds and mechanisms for terminating such contract, but actual contract termination shall not require the approval of the Commission.

(c) Fee based on percentage of net revenues

(1) The Chairman may approve a management contract providing for a fee based upon a percentage of the net revenues of a tribal gaming activity if the Chairman determines that such percentage fee is reasonable in light of surrounding circumstances. Except as otherwise provided in this subsection, such fee shall not exceed 30 percent of the net revenues.

(2) Upon the request of an Indian tribe, the Chairman may approve a management contract providing for a fee based upon a percentage of the net revenues of a tribal gaming activity that exceeds 30 percent but not 40 percent of the net revenues if the Chairman is satisfied that the capital investment required, and income projections, for such tribal gaming activity require the additional fee requested by the Indian tribe.

(d) Period for approval; extension

By no later than the date that is 180 days after the date on which a management contract is submitted to the Chairman for approval, the Chairman shall approve or disapprove such contract on its merits. The Chairman may extend the 180-day period by not more than 90 days if the Chairman notifies the Indian tribe in writing of the reason for the extension. The Indian tribe may bring an action in a United States district court to compel action by the Chairman if a contract has not been approved or disapproved within the period required by this subsection.

(e) Disapproval

The Chairman shall not approve any contract if the Chairman determines that—

(1) any person listed pursuant to subsection (a)(1)(A) of this section—

(A) is an elected member of the governing body of the Indian tribe which is the party to the management contract;

(B) has been or subsequently is convicted of any felony or gaming offense;

(C) has knowingly and willfully provided materially important false statements or information to the Commission or the Indian tribe pursuant to this chapter or has refused to respond to questions propounded pursuant to subsection (a)(2); or

(D) has been determined to be a person whose prior activities, criminal record if any, or reputation, habits, and associations pose a threat to the public interest or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental thereto;

(2) the management contractor has, or has attempted to, unduly interfere or influence for its gain or advantage any decision or process of tribal government relating to the gaming activity;

(3) the management contractor has deliberately or substantially failed to comply with the terms of the management contract or the tribal gaming ordinance or resolution adopted and approved pursuant to this chapter; or

(4) a trustee, exercising the skill and diligence that a trustee is commonly held to, would not approve the contract.

(f) Modification or voiding

The Chairman, after notice and hearing, shall have the authority to require appropriate contract modifications or may void any contract if he subsequently determines that any of the provisions of this section have been violated.

(g) Interest in land

No management contract for the operation and management of a gaming activity regulated by this chapter shall transfer or, in any other manner, convey any interest in land or other real property, unless specific statutory authority exists and unless clearly specified in writing in said contract.

(h) Authority

The authority of the Secretary under section 81 of this title, relating to management contracts regulated pursuant to this chapter, is hereby transferred to the Commission.

(i) Investigation fee

The Commission shall require a potential contractor to pay a fee to cover the cost of the investigation necessary to reach a determination required in subsection (e) of this section.

(Pub. L. 100–497, §12, Oct. 17, 1988, 102 Stat. 2479.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(3), (e)(1)(C), (3), (g), and (h), 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. § 377 (2024) — Title 25: INDIANS / Chapter 10: DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE / Section 377: Repealed. Pub. L. 96-363, §2(a), Sept. 26, 1980, 94 Stat. 1207
Repealed. Pub. L. 96-363, §2(a), Sept. 26, 1980, 94 Stat. 1207
Status: repealed

Section, acts Jan. 24, 1923, ch. 42, 42 Stat. 1185; May 29, 1928, ch. 901, §1(84), 45 Stat. 992, related to payment or deduction from trust funds, etc., of cost of determining heirs, and set forth a schedule of fees.

Statutory Notes and Related Subsidiaries

Cancellation of Assessed Unpaid Fees

Pub. L. 96–363, §2(b), Sept. 26, 1980, 94 Stat. 1207, provided that: "The Secretary of the Interior may cancel any unpaid fees assessed under the provisions repealed by this section [sections 375b and 377 of this title]."
25 U.S.C. § 472 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 472: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 472 was editorially reclassified as section 5116 of this title.
25 U.S.C. § 416f (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 416f: Dedication of land for public purposes
Dedication of land for public purposes
Status: in_force

Individual or tribal owners of trust or restricted Indian land on the San Xavier and Salt River Pima-Maricopa Reservations may, with the approval of the Secretary, dedicate land to the public for streets, alleys, or other public purposes under those laws of the State of Arizona that are applicable to the dedication of land for public purposes.

(Pub. L. 89–715, §7, Nov. 2, 1966, 80 Stat. 1113.)
25 U.S.C. § 1120 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LIV: MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1120: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–659, §10, Oct. 14, 1966, 80 Stat. 910, which exempted distributed funds from Federal and State income taxes and provided for payment of certain costs, was omitted from the Code as being of special and not general application.
25 U.S.C. § 663 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXV: INDIANS OF CALIFORNIA / Section 663: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–507, §5, Sept. 21, 1968, 82 Stat. 861, which authorized Secretary of the Interior to prescribe rules and regulations to carry out the provisions of former sections 659 to 663 of this title, was omitted from the Code as being of special and not general application.
25 U.S.C. § 483 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 483: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 483 was editorially reclassified as section 5134 of this title.
25 U.S.C. § 564d (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIII: KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION / Section 564d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 13, 1954, ch. 732, §5, 68 Stat. 718; Pub. L. 85–132, §1(b), (d), (e), (g), Aug. 14, 1957, 71 Stat. 347, 348; Pub. L. 85–731, §§6–8, Aug. 23, 1958, 72 Stat. 819, which related to employment of management specialists for tribal property, was omitted from the Code as being of special and not general application.
25 U.S.C. § 713a (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 713a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–165, §3, Nov. 22, 1983, 97 Stat. 1064, which related to consideration of Confederated Tribes of Grand Ronde Community as one tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4102 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Section 4102: Administration through Office of Native American Programs
Administration through Office of Native American Programs
Status: in_force

The Secretary of Housing and Urban Development shall carry out this chapter through the Office of Native American Programs of the Department of Housing and Urban Development.

(Pub. L. 104–330, §3, Oct. 26, 1996, 110 Stat. 4018.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title.
25 U.S.C. § 1750b (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter III: FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT / Section 1750b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 105–83, title VII, §704, Nov. 14, 1997, 111 Stat. 1625, which ratified the Settlement Agreement, was omitted from the Code as being of special and not general application.
25 U.S.C. § 299 (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 299: Repealed. May 29, 1928, ch. 901, §1, 45 Stat. 990, 991
Repealed. May 29, 1928, ch. 901, §1, 45 Stat. 990, 991
Status: repealed

Section 299, act Mar. 2, 1887, ch. 320, §1, 24 Stat. 465, related to report of expenditures of Indian education fund.

Section 300, act Mar. 3, 1911, ch. 210, §1, 36 Stat. 1060, related to report of expenditures of Indian school and agency.

Section 301, act Mar. 3, 1911, ch. 210, §1, 36 Stat. 1061, related to appropriations for experiments on Indian schools or agency farms.
25 U.S.C. § 850 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXVII: OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 850: Repealed. Pub. L. 95-281, §1(b)(3), May 15, 1978, 92 Stat. 246
Repealed. Pub. L. 95-281, §1(b)(3), May 15, 1978, 92 Stat. 246
Status: repealed

Section, act Aug. 3, 1956, ch. 909, §10, 70 Stat. 965, provided for termination of supervision as not affecting prior claims filed by tribe against United States.
25 U.S.C. § 413 (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 413: Fees to cover cost of work performed for Indians
Fees to cover cost of work performed for Indians
Status: in_force

The Secretary of the Interior is hereby authorized, in his discretion, and under such rules and regulations as he may prescribe, to collect reasonable fees to cover the cost of any and all work performed for Indian tribes or for individual Indians, to be paid by vendees, lessees, or assignees, or deducted from the proceeds of sale, leases, or other sources of revenue: Provided, That the amounts so collected shall be covered into the Treasury as miscellaneous receipts, except when the expenses of the work are paid from Indian tribal funds, in which event they shall be credited to such funds.

(Feb. 14, 1920, ch. 75, §1, 41 Stat. 415; Mar. 1, 1933, ch. 158, 47 Stat. 1417.)

Editorial Notes

Amendments

1933—Act Mar. 1, 1933, substituted "to collect reasonable fees to cover the cost of any and all work performed for Indian tribes or individual Indians" for "to charge a reasonable fee for the work incident to the sale, leasing, or assigning of such lands, or in the sale of the timber, or in the administration of Indian forests" and "deducted from the proceeds of sale, leases, or other sources of revenue" for "from the proceeds of sales", struck out introductory text "In the sale of all Indian allotments, or in leases, or assignment of leases covering, tribal or allotted lands for mineral, farming, grazing, business or other purposes, or in the sale of timber thereon" and provided for the use of discretion and the crediting of Indian tribal funds.
25 U.S.C. § 407a (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 407a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 407a, acts Mar. 4, 1933, ch. 275, §1, 47 Stat. 1568; June 16, 1933, ch. 104, 48 Stat. 311; Mar. 5, 1934, ch. 46, 48 Stat. 397; May 6, 1936, ch. 340, 49 Stat. 1266, which related to modification of existing contracts for sale of tribal timber, was omitted on authority of act May 6, 1936, which provided that authority to modify existing contracts for sale of tribal timber expire on Sept. 4, 1936.

Section 407b, act Mar. 4, 1933, ch. 275, §2, 47 Stat. 1569, which related to modification of contracts for sale of timber to individual allottee, was omitted in view of the expiration of section 407a of this title.

Section 407c, act Mar. 4, 1933, ch. 275, §3, 47 Stat. 1569, which related to preference to indian labor in modified contracts, was omitted in view of the expiration of section 407a of this title.
25 U.S.C. § 278 (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 278: Repealed. Pub. L. 90-280, §1, Mar. 30, 1968, 82 Stat. 71
Repealed. Pub. L. 90-280, §1, Mar. 30, 1968, 82 Stat. 71
Status: repealed

Section, acts June 7, 1897, ch. 3, §1, 30 Stat. 79; Mar. 2, 1917, ch. 146, §21, 39 Stat. 988, declared the settled policy of the Government to be opposed to the making of any appropriations whatever out of the Treasury of the United States for the education of Indian children in any sectarian school. See section 278a of this title.
25 U.S.C. § 565a (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIV: KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 565a: Repealed. Pub. L. 117-261, §2, Dec. 21, 2022, 136 Stat. 2393
Repealed. Pub. L. 117-261, §2, Dec. 21, 2022, 136 Stat. 2393
Status: repealed

Section, Pub. L. 89–224, §2, Oct. 1, 1965, 79 Stat. 897, related to distribution of judgment funds to tribe members.
25 U.S.C. § 2101 (2024) — Title 25: INDIANS / Chapter 23: DEVELOPMENT OF TRIBAL MINERAL RESOURCES / Section 2101: Definitions
Definitions
Status: in_force

For the purposes of this chapter, the term—

(1) "Indian" means any individual Indian or Alaska Native who owns land or interests in land the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States;

(2) "Indian tribe" means any Indian tribe, band, nation, pueblo, community, rancheria, colony, or other group which owns land or interests in land title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; and

(3) "Secretary" means the Secretary of the Interior.

(Pub. L. 97–382, §2, Dec. 22, 1982, 96 Stat. 1938.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 97–382, §1, Dec. 22, 1982, 96 Stat. 1938, provided: "That this Act [enacting this chapter] may be cited as the 'Indian Mineral Development Act of 1982'."
25 U.S.C. § 1674 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter VI: MISCELLANEOUS / Section 1674: Leases with Indian tribes
Leases with Indian tribes
Status: in_force

(a) Notwithstanding any other provision of law, the Secretary is authorized, in carrying out the purposes of this chapter, to enter into leases with Indian tribes for periods not in excess of twenty years. Property leased by the Secretary from an Indian tribe may be reconstructed or renovated by the Secretary pursuant to an agreement with such Indian tribe.

(b) The Secretary may enter into leases, contracts, and other legal agreements with Indian tribes or tribal organizations which hold—

(1) title to;

(2) a leasehold interest in; or

(3) a beneficial interest in (where title is held by the United States in trust for the benefit of a tribe);

facilities used for the administration and delivery of health services by the Service or by programs operated by Indian tribes or tribal organizations to compensate such Indian tribes or tribal organizations for costs associated with the use of such facilities for such purposes. Such costs include rent, depreciation based on the useful life of the building, principal and interest paid or accrued, operation and maintenance expenses, and other expenses determined by regulation to be allowable.

(Pub. L. 94–437, title VIII, §804, formerly title VII, §704, Sept. 30, 1976, 90 Stat. 1414; Pub. L. 96–537, §8(a), Dec. 17, 1980, 94 Stat. 3179; Pub. L. 100–713, title VII, §701, Nov. 23, 1988, 102 Stat. 4826; renumbered title VIII, §804, Pub. L. 102–573, title VII, §701(a), (b), Oct. 29, 1992, 106 Stat. 4572.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (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.

Amendments

1988—Pub. L. 100–713 designated existing provisions as subsec. (a) and added subsec. (b).

1980—Pub. L. 96–537 inserted provision that property leased by the Secretary from an Indian tribe may be reconstructed or renovated by the Secretary pursuant to an agreement with such Indian tribe.
25 U.S.C. § 33 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 33: Superintendents in charge of reservations; administration of oath of office
Superintendents in charge of reservations; administration of oath of office
Status: in_force

Superintendents and acting superintendents in charge of Indian reservations, schools, irrigation and allotment projects are authorized and empowered to administer the oath of office required of employees placed under their jurisdiction.

(June 30, 1913, ch. 4, §1, 38 Stat. 80.)

Editorial Notes

Codification

Section is from the Indian Appropriation Act, 1914.

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. § 825 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXVI: PEORIA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 825: Repealed. Pub. L. 95-281, §1(b)(2), May 15, 1978, 92 Stat. 246
Repealed. Pub. L. 95-281, §1(b)(2), May 15, 1978, 92 Stat. 246
Status: repealed

Section, act Aug. 2, 1956, ch. 881, §5, 70 Stat. 938, provided for termination of supervision as not affecting prior claims filed by tribe against United States.
25 U.S.C. § 714d (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 714d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–481, §6, Oct. 17, 1984, 98 Stat. 2252, which related to tribal constitution and bylaws, was omitted from the Code as being of special and not general application.
25 U.S.C. § 318b (2024) — Title 25: INDIANS / Chapter 8: RIGHTS-OF-WAY THROUGH INDIAN LANDS / Section 318b: 19
19
Status: in_force

Section, acts June 16, 1936, ch. 582, §6, 49 Stat. 1521; Sept. 5, 1940, ch. 715, §10, 54 Stat. 870; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380; 1949 Reorg. Plan No. 7, §1, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1070, related to location and design of roads by the Bureau of Public Roads.
25 U.S.C. § 5143 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5143: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated to carry out sections 5136 to 5143 of this title $8,000,000 for each of the fiscal years 1991 through 1995.

(Pub. L. 91–229, §6, as added Pub. L. 101–624, title XVIII, §1854(b), Nov. 28, 1990, 104 Stat. 3837.)

Editorial Notes

Codification

Another section 6 of Pub. L. 91–229 was added by Pub. L. 101–82, title III, §303, Aug. 14, 1989, 103 Stat. 583, and is classified to section 5142 of this title.

Section was formerly classified to section 494 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 1616r (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter I: INDIAN HEALTH PROFESSIONAL PERSONNEL / Section 1616r: Repealed. Pub. L. 111-148, title X, §10221(b)(2), Mar. 23, 2010, 124 Stat. 936
Repealed. Pub. L. 111-148, title X, §10221(b)(2), Mar. 23, 2010, 124 Stat. 936
Status: repealed

Section, Pub. L. 94–437, title I, §125, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935, was based on section 134(b) 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 and related to treatment of a scholarship provided to an individual under this subchapter as a qualified scholarship for purposes of section 117 of Title 26, Internal Revenue Code.
25 U.S.C. § 462a (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 462a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Apr. 11, 1940, ch. 80, 54 Stat. 106, related to reimposition and extension of trust period on lands of Crow Reservation.
25 U.S.C. § 3908 (2024) — Title 25: INDIANS / Chapter 41: INDIAN LANDS OPEN DUMP CLEANUP / Section 3908: Disclaimers
Disclaimers
Status: in_force

(a) Authority of Director

Nothing in this chapter shall be construed to alter, diminish, repeal, or supersede any authority conferred on the Director pursuant to section 1632 of this title, and section 2004a of title 42.

(b) Exempted lands and facilities

This chapter shall not apply to open dump sites on Indian lands or Alaska Native lands—

(1) that comprise an area of one-half acre or less and that are used by individual families on lands to which they hold legal or beneficial title;

(2) of any size that have been or are being operated for a profit; or

(3) where solid waste from an industrial process is being or has been routinely disposed of at a privately owned facility in compliance with applicable Federal laws.

(c) Rules of construction

(1) Nothing in this chapter shall be construed to amend or modify the authority or responsibility of the Administrator of the Environmental Protection Agency under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

(2) Nothing in this chapter is intended to amend, repeal, or supersede any provision of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

(Pub. L. 103–399, §9, Oct. 22, 1994, 108 Stat. 4168.)

Editorial Notes

References in Text

The Solid Waste Disposal Act, referred to in subsec. (c), 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, which is classified generally to chapter 82 (§6901 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 6901 of Title 42 and Tables.
25 U.S.C. § 1036 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIX: SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT FUND / Section 1036: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 88–457, §6, Aug. 20, 1964, 78 Stat. 556, which exempted funds distributed in accordance with 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. § 336 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 336: Allotments to Indians making settlement
Allotments to Indians making settlement
Status: in_force

Where any Indian entitled to allotment under existing laws shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her and to his or her children in manner as provided by law for allotments to Indians residing upon reservations, and such allotments to Indians on the public domain as herein provided shall be made in such areas as the President may deem proper, not to exceed, however, forty acres of irrigable land or eighty acres of nonirrigable agricultural land or one hundred sixty acres of nonirrigable grazing land to any one Indian; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto, and patent shall be issued to them for such lands in the manner and with the restrictions provided in sections 348 and 349 of this title. And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Secretary of the Interior or such officer as he may designate, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.

(Feb. 28, 1891, ch. 383, §4, 26 Stat. 795; June 25, 1910, ch. 431, §17, 36 Stat. 860; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Editorial Notes

References in Text

Words "restrictions provided in sections 348 and 349 of this title", referred to in text, were in the original "restrictions provided in the Act of which this is amendatory". That Act is act Feb. 8, 1887 (24 Stat. 388), popularly known as the Indian General Allotment Act. For classification of that Act to the Code, see Short Title note set out under section 331 of this title and Tables.

Statutory Notes and Related Subsidiaries

Permanent Appropriation; Repeals

Effective July 1, 1935, the permanent appropriation provided for in the last sentence of this section was repealed by act June 26, 1934, ch. 756, §1, 48 Stat. 1225.

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.

"Secretary of the Interior or such officer as he may designate" substituted in text for "Commissioner of the General Land Office" on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5.
25 U.S.C. § 3414 (2024) — Title 25: INDIANS / Chapter 36: INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES / Section 3414: Repealed. Pub. L. 115-93, §16(a), Dec. 18, 2017, 131 Stat. 2036
Repealed. Pub. L. 115-93, §16(a), Dec. 18, 2017, 131 Stat. 2036
Status: repealed

Section 3414, Pub. L. 102–477, §15, Oct. 23, 1992, 106 Stat. 2305, related to fiscal accountability.

Section 3415, Pub. L. 102–477, §16, Oct. 23, 1992, 106 Stat. 2305; Pub. L. 103–437, §10(e)(1), (2)(C), Nov. 2, 1994, 108 Stat. 4589, related to report on statutory obstacles to program integration.
25 U.S.C. § 4 (2024) — Title 25: INDIANS / Chapter 1: BUREAU OF INDIAN AFFAIRS / Section 4: Defective record of deeds and papers legalized
Defective record of deeds and papers legalized
Status: in_force

The recording of all deeds and papers prior to July 26, 1892, in the office of the Commissioner of Indian Affairs is confirmed, approved, and legalized; and said record theretofore made shall be deemed, taken, and held to be good and valid and shall have all the force and effect and be entitled to the same credit as if it had been made in pursuance of and in conformity to law. But shall have no effect whatever upon the validity or invalidity of the deed or paper so recorded, and shall be no evidence of constructive notice to any persons not actually knowing the contents.

(July 26, 1892, ch. 256, §1, 27 Stat. 272.)

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. § 402a (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 402a: Lease of unallotted irrigable lands for farming purposes
Lease of unallotted irrigable lands for farming purposes
Status: in_force

The unallotted irrigable lands on any Indian reservation may be leased for farming purposes for not to exceed ten years with the consent of the tribal council, business committee, or other authorized body representative of the Indians, under such rules and regulations as the Secretary of the Interior may prescribe.

(July 3, 1926, ch. 787, 44 Stat. 894.)
25 U.S.C. § 1163 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LVIII: CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1163: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–117, §3, Oct. 31, 1967, 81 Stat. 337; Pub. L. 92–439, Sept. 29, 1972, 86 Stat. 742, which related to payment 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. § 318a (2024) — Title 25: INDIANS / Chapter 8: RIGHTS-OF-WAY THROUGH INDIAN LANDS / Section 318a: Roads on Indian reservations; appropriation
Roads on Indian reservations; appropriation
Status: in_force

Appropriations are hereby authorized out of any money in the Treasury not otherwise appropriated for material, equipment, supervision and engineering, and the employment of Indian labor in the survey, improvement, construction, and maintenance of Indian reservation roads not eligible to Government aid under the Federal Highway Act and for which no other appropriation is available, under such rules and regulations as may be prescribed by the Secertary 1 of the Interior.

(May 26, 1928, ch. 756, 45 Stat. 750.)

Editorial Notes

References in Text

The Federal Highway Act, referred to in text, is act Nov. 9, 1921, ch. 119, 42 Stat. 212, which enacted sections 1, 2, 3, 3a, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 to 20, 21, 22, 23, 24, and 25 of former Title 23, Highways, and amended sections 5 and 12a of former Title 23 and section 3 of Title 50, War and National Defense. Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 919, repealed the Federal Highway Act, with the exception of the amendment to section 3 of Title 50, as part of the general revision and reenactment of Title 23, Highways.

Statutory Notes and Related Subsidiaries

Appropriations for Fiscal Years 1950 and 1951

Act June 29, 1948, ch. 732, §4(c), 62 Stat. 1105, authorized the appropriation of $6,000,000 for fiscal years 1950 and 1951, respectively, for the carrying out of the provisions of this section.

1 So in original. Probably should be "Secretary".
25 U.S.C. § 185 (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 185: Protection of Indians desiring civilized life
Protection of Indians desiring civilized life
Status: in_force

Whenever any Indian, being a member of any band or tribe with whom the Government has or shall have entered into treaty stipulations, being desirous to adopt the habits of civilized life, has had a portion of the lands belonging to his tribe allotted to him in severalty, in pursuance of such treaty stipulations, the agent and superintendent of such tribe shall take such measures, not inconsistent with law, as may be necessary to protect such Indian in the quiet enjoyment of the lands so allotted to him.

(R.S. §2119.)

Editorial Notes

Codification

R.S. §2119 derived from act June 14, 1862, ch. 101, §1, 12 Stat. 427.

Statutory Notes and Related Subsidiaries

Indian Agents

The services of Indian agents have been dispensed with. See note set out under section 64 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. § 611 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIX: SHOSHONE AND ARAPAHO TRIBES OF WYOMING / Section 611: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act May 19, 1947, ch. 80, §1, 61 Stat. 102, which directed the Secretary of the Interior to divide the trust funds on deposit in the Treasury of the United States to the joint credit of the Shoshone and Arapaho Tribes of the Wind River Reservation, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Wind River Indian Reservation; Compensation for Lands of the Riverton Reclamation Project

Act Aug. 15, 1953, ch. 509, §2, 67 Stat. 612, which provided that, subject only to the existing rights and interests which were not extinguished and terminated by act Aug. 15, 1953, ch. 509, 67 Stat. 592, all unentered and vacant lands of the Riverton reclamation project within the ceded portion of the Wind River Indian Reservation were restored to the public domain for administration, use, occupancy, and disposal under the reclamation and public land laws of the United States, was editorially reclassified and is set out as a note under section 597 of Title 43, Public Lands.
25 U.S.C. § 544 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter X: KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS / Section 544: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Mar. 29, 1948, ch. 160, §2, 62 Stat. 92, which assigned individual monetary credits from the capital reserve 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.

Statutory Notes and Related Subsidiaries

Short Title

Act Mar. 29, 1948, ch. 160, §1, 62 Stat. 92, provided that act Mar. 29, 1948, ch. 160, enacting sections 544 and 545 of this title, could be known as the Klamath Welfare Act.