25 U.S.C. § 155b (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter III: DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS / Section 155b: Proceeds of labor accounts; deposits limited to funds held in trust for Indian tribes or individuals
Proceeds of labor accounts; deposits limited to funds held in trust for Indian tribes or individuals
Status: in_force

Except in the case of funds held in trust for Indian tribes or individuals, the funds available for expenditure under the "Indian moneys, proceeds of labor" accounts authorized by section 155 of this title may be expended until September 30, 1982 for any purpose for which funds are appropriated under the subheading "Operation of Indian Programs".

No funds shall be deposited in such "Indian money, proceeds of labor" (IMPL) accounts after September 30, 1982. The unobligated balance in IMPL accounts as of the close of business on September 30, 1982, including the income resulting from the investment of funds from such accounts prior to such date, shall be transferred to and held in escrow accounts at the locations of the IMPL accounts from which they are transferred. Funds in such escrow accounts may be invested as provided in section 162a of this title and the investment income added to such accounts. The Secretary shall determine no later than September 30, 1985 (after consultation with appropriate tribes and individual Indians) the extent to which the funds held in such escrow accounts represent income from the investment of special deposits relating to specific tribes or individual Indians. Upon such a determination by the Secretary and express acceptance of the determination by the beneficiary, the Secretary shall transfer such funds to trust accounts for such tribes or individual Indians. Not more than ten percent of the funds transferred to trust accounts for any tribe or individual Indian under this provision may be utilized to pay for legal or other representation relating to claims for such funds. Not to exceed two percent of the funds transferred from the IMPL accounts shall be available to reimburse the Bureau of Indian Affairs for administrative expenses incurred in determining ownership of the funds. Acceptance of a determination by the Secretary and the transfer of funds under this provision shall constitute a complete release and waiver of any and all claims by the beneficiary against the United States relating to the unobligated balance of IMPL accounts as of the close of business on September 30, 1982. During the period of October 1, 1985 through September 30, 1987, or earlier if a Secretarial determination on ownership and appropriate fund transfers has been completed, the funds remaining in such escrow accounts because they have not been transferred to trust accounts, may be expended subject to the approval of the Secretary for any purpose authorized under section 13 of this title and requested by the respective governing bodies of the tribes at the locations where such accounts are maintained. The unobligated balances of such escrow accounts as of the close of business on September 30, 1987, shall be deposited into miscellaneous receipts of the Treasury.

(Pub. L. 97–100, title I, §100, Dec. 23, 1981, 95 Stat. 1400; Pub. L. 97–257, title I, §100, Sept. 10, 1982, 96 Stat. 839.)

Editorial Notes

References in Text

The purposes for which funds are appropriated under the subheading "Operation of Indian Programs", referred to in text, are the purposes enumerated in the Department of the Interior and Related Agencies Appropriation Act, 1982, Pub. L. 97–100, title I, §100, Dec. 23, 1981, 95 Stat. 1399.

Amendments

1982—Pub. L. 97–257 substituted "No funds shall be deposited in such 'Indian money, proceeds of labor' (IMPL) accounts after September 30, 1982" for "On September 30, 1982, the balance of such accounts (except for the funds held in trust for Indian tribes or individuals, and not to exceed $10,000,000 which shall be available until expended by eligible tribes for purposes approved by the Bureau of Indian Affairs) shall be deposited into miscellaneous receipts of the Treasury to offset outlays of the Bureau of Indian Affairs and thereafter no funds shall be deposited in such accounts other than funds held in trust for Indian tribes or individuals" and inserted provisions that the unobligated balance in IMPL accounts as of the close of business on September 30, 1982, including the income resulting from the investment of funds from such accounts prior to such date, be transferred to and held in escrow accounts at the locations of the IMPL accounts from which they are transferred, that Funds in such escrow accounts may be invested as provided in section 162a of this title and the investment income added to such accounts, that the Secretary determine no later than September 30, 1985 (after consultation with appropriate tribes and individual Indians) the extent to which the funds held in such escrow accounts represent income from the investment of special deposits relating to specific tribes or individual Indians, that upon such a determination by the Secretary and express acceptance of the determination by the beneficiary, the Secretary transfer such funds to trust accounts for such tribes or individual Indians, that not more than ten percent of the funds transferred to trust accounts for any tribe or individual Indian under this provision be utilized to pay for legal or other representation relating to claims for such funds, that not to exceed two percent of the funds transferred from the IMPL accounts be available to reimburse the Bureau of Indian Affairs for administrative expenses incurred in determining ownership of the funds, that acceptance of a determination by the Secretary and the transfer of funds under this provision constitute a complete release and waiver of any and all claims by the beneficiary against the United States relating to the unobligated balance of IMPL accounts as of the close of business on September 30, 1982, that during the period of October 1, 1985 through September 30, 1987, or earlier if determination on ownership and appropriate fund transfers has been completed, the funds remaining in such escrow accounts may be expended subject to the approval of the Secretary under section 13 of this title and requested by the respective governing bodies of the tribes, and that the unobligated balances of escrow accounts as of the close of business on September 30, 1987, be deposited into miscellaneous receipts of the Treasury.
25 U.S.C. § 1403 (2024) — Title 25: INDIANS / Chapter 16: DISTRIBUTION OF JUDGMENT FUNDS / Section 1403: Preparation of plan
Preparation of plan
Status: in_force

(a) Prerequisites for final preparation

The Secretary shall prepare a plan which shall best serve the interests of all those entities and individuals entitled to receive funds of each Indian judgment. Prior to the final preparation of the plan, the Secretary shall—

(1) receive and consider any resolution or communication, together with any suggested use or distribution plan, which any affected Indian tribe may wish to submit to him; and

(2) hold a hearing of record, after appropriate public notice, to obtain the testimony of leaders and members of the Indian tribe which may receive any portion, or be affected by the use or distribution, of such funds, in the area in which such Indian tribe is located and at a time which shall best serve the convenience of the eligible members thereof.

(b) Guidelines

In preparing a plan for the use or distribution of the funds of each Indian judgment, the Secretary shall, among other things, be assured that—

(1) legal, financial, and other expertise of the Department of the Interior has been made fully available in an advisory capacity to the Indian tribe which is entitled to such funds to assist it to develop and communicate to the Secretary pursuant to clause (1) of subsection (a) of this section its own suggested plan for the distribution and use of such funds;

(2) the needs and desires of any groups or individuals who are in a minority position, but who are also entitled to receive such funds, have been fully ascertained and considered;

(3) the interests of minors and other legally incompetent persons who are entitled to receive any portion of such funds as are subsequently distributed to them are and will be protected and preserved; 1 Provided, That such funds may be disbursed to the parents or legal guardian of such minors or legal incompetents in such amounts as may be necessary for the minor or legal incompetent's health, education, welfare, or emergencies under a plan or plans approved by the Secretary and the tribal governing body of the Indian tribe involved.2

(4) any provision, including enrollment provisions, of the constitution, bylaws, rules, and procedures of such tribe which may affect the distribution or other use of such funds are in full accord with the principles of fairness and equity;

(5) a significant portion of such funds shall be set aside and programed to serve common tribal needs, educational requirements, and such other purposes as the circumstances of the affected Indian tribe may justify, except not less than 20 per centum of such funds shall be so set aside and programed unless the Secretary determines that the particular circumstances of the pertinent Indian tribe clearly warrant otherwise: Provided, That in the development of such plan the Secretary shall survey past and present plans of the tribe for economic development, shall consider long range benefits which might accrue to the tribe from such plans, and shall encourage programing of funds for economic development purposes where appropriate; and

(6) methods exist and will be employed to insure the proper performance of the plan once it becomes effective under section 1405 of this title.

(Pub. L. 93–134, §3, Oct. 19, 1973, 87 Stat. 467; Pub. L. 97–458, §2, Jan. 12, 1983, 96 Stat. 2512.)

Editorial Notes

Amendments

1983—Subsec. (b)(3). Pub. L. 97–458, §2(a), inserted proviso.

Subsec. (b)(5). Pub. L. 97–458, §2(b), inserted proviso.

Statutory Notes and Related Subsidiaries

Disbursements for Urgent Needs of Minors and Legal Incompetents and Accounting for Expenditures

Pub. L. 97–458, §2(a), Jan. 12, 1983, 96 Stat. 2512, provided in part that plan or plans approved by the Secretary and the tribal governing body of an Indian tribe for disbursements to parents or legal guardian of minors or legal incompetents for health, education, welfare, or emergencies of their charges "shall be limited to urgent needs arising from extenuating circumstances and shall accord with general principles governing administration of trust funds of minors and legal incompetents, including a requirement for strict accounting for expenditures."

1 So in original. The semicolon probably should be a colon.

2 So in original. The period probably should be a semicolon.
25 U.S.C. § 861c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXVII: OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 861c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 95–281, §4, May 15, 1978, 92 Stat. 247, which related to entitlement to participate in programs and services provided by United States to Indians as result of return to status as Indians, was omitted from the Code as being of special and not general application.
25 U.S.C. § 759 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 759: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §19, 68 Stat. 1104, which authorized the Secretary of the Interior to issue rules and regulations necessary to effectuate the purposes of this subchapter and to provide for tribal referenda on matters pertaining to management or disposition of tribal assets, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1146 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LVI: EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF JUDGMENT FUND / Section 1146: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–93, §6, Sept. 27, 1967, 81 Stat. 230, which exempted funds distributed per capita from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4166 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter IV: COMPLIANCE, AUDITS, AND REPORTS / Section 4166: GAO audits
GAO audits
Status: in_force

To the extent that the financial transactions of Indian tribes and recipients of grant amounts under this chapter relate to amounts provided under this chapter, such transactions may be audited by the Comptroller General of the United States under such rules and regulations as may be prescribed by the Comptroller General. The representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by such tribes and recipients pertaining to such financial transactions and necessary to facilitate the audit.

(Pub. L. 104–330, title IV, §406, Oct. 26, 1996, 110 Stat. 4041; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

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.

Amendments

2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".

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. § 1680v (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter VI: MISCELLANEOUS / Section 1680v: Director of HIV/AIDS Prevention and Treatment
Director of HIV/AIDS Prevention and Treatment
Status: in_force

(a) Establishment

The Secretary, acting through the Service, shall establish within the Service the position of the Director of HIV/AIDS Prevention and Treatment (referred to in this section as the "Director").

(b) Duties

The Director shall—

(1) coordinate and promote HIV/AIDS prevention and treatment activities specific to Indians;

(2) provide technical assistance to Indian tribes, tribal organizations, and urban Indian organizations regarding existing HIV/AIDS prevention and treatment programs; and

(3) ensure interagency coordination to facilitate the inclusion of Indians in Federal HIV/AIDS research and grant opportunities, with emphasis on the programs operated under the Ryan White Comprehensive Aids 1 Resources Emergency Act of 1990 (Public Law 101–381; 104 Stat. 576) and the amendments made by that Act.

(c) Report

Not later than 2 years after March 23, 2010, and not less frequently than once every 2 years thereafter, the Director shall submit to Congress a report describing, with respect to the preceding 2-year period—

(1) each activity carried out under this section; and

(2) any findings of the Director with respect to HIV/AIDS prevention and treatment activities specific to Indians.

(Pub. L. 94–437, title VIII, §832, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Ryan White Comprehensive AIDS Resources Emergency Act of 1990, referred to in subsec. (b)(3), is Pub. L. 101–381, Aug. 18, 1990, 104 Stat. 576, which enacted subchapter XXIV (§300ff et seq.) of chapter 6A of Title 42, The Public Health and Welfare, transferred section 300ee–6 of Title 42 to section 300ff–48 of Title 42, amended sections 284a, 286, 287a, 287c–2 (now 285q–2), 289f, 290aa–3a (now 290aa–1), 299c–5, 300ff–48, and 300aaa to 300aaa–13 (now 238 to 238m) of Title 42, and enacted provisions set out as notes under sections 201, 300x–4, 300ff–11, 300ff–46, and 300ff–80 of Title 42. For complete classification of this Act to the Code, see Short Title of 1990 Amendments note set out under section 201 of Title 42 and Tables.

Codification

Section 832 of Pub. L. 94–437 is based on section 199B of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

1 So in original. Probably should be "AIDS".
25 U.S.C. § 159 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter III: DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS / Section 159: Moneys due incompetents or orphans
Moneys due incompetents or orphans
Status: in_force

The Secretary of the Interior is directed to cause settlements to be made with all persons appointed by the Indian councils to receive moneys due to incompetent or orphan Indians, and to require all moneys found to be due to such incompetent or orphan Indians to be returned to the Treasury; and all moneys so returned shall bear interest at the rate of 6 per centum per annum, until paid by order of the Secretary of the Interior to those entitled to the same. No money shall be paid to any person appointed by any Indian council to receive moneys due to incompetent or orphan Indians, but the same shall remain in the Treasury of the United States until ordered to be paid by the Secretary to those entitled to receive the same, and shall bear 6 per centum interest until so paid.

(R.S. §2108.)

Editorial Notes

Codification

R.S. §2108 derived from act July 5, 1862, ch. 135, §6, 12 Stat. 529.

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. § 389 (2024) — Title 25: INDIANS / Chapter 11: IRRIGATION OF ALLOTTED LANDS / Section 389: Investigation and adjustment of irrigation charges on lands within projects on Indian reservations
Investigation and adjustment of irrigation charges on lands within projects on Indian reservations
Status: in_force

The Secretary of the Interior is authorized and directed to cause an investigation to be made to determine whether the owners of non-Indian lands under Indian irrigation projects and under projects where the United States has purchased water rights for Indians are unable to pay irrigation charges, including construction, maintenance, and operating charges, because of inability to operate such lands profitably by reason of lack of fertility of the soil, inadequacy of water supply, defects of irrigation works, or for any other causes. Where the Secretary finds that said landowners are unable to make payment due to the existence of such causes, he may adjust, defer, or cancel such charges, in whole or in part, as the facts and conditions warrant. In adjusting or deferring any such charges the Secretary may enter into contracts with said land owners for the payment of past due charges, but such contracts shall not extend the payment of such charges over a period in excess of ten years.

(June 22, 1936, ch. 692, §1, 49 Stat. 1803.)

Statutory Notes and Related Subsidiaries

Flathead Indian Irrigation Project

Act July 26, 1947, ch. 340, 61 Stat. 494, provided that notwithstanding any provisions of sections 389 to 389e of this title, the Secretary of the Interior could defer the collection of irrigation construction charges on the Flathead Indian Irrigation Project until January 1, 1949.

Fort Peck Indian Irrigation Project

In accordance with sections 389 to 389e of this title, the order of the Secretary of the Interior canceling delinquent irrigation operation and maintenance charges of $461.40 and accrued interest thereon for certain lands adjacent to but outside the Fort Peck Indian irrigation project, $206,902.21 against lands within the Fort Peck project, and $118,266.64 of unassessed construction costs allocable against both Indian and non-Indian owned lands in the Fraiser-Wolf Point unit of the Fort Peck project, was approved by Pub. L. 90–143, Nov. 16, 1967, 81 Stat. 465.

Klamath Indian Irrigation Project

In accordance with sections 389 to 389e of this title, the order of the Secretary of the Interior canceling $401,440.55 of reimbursable irrigation costs and any accrued interest thereon chargeable to lands in the Klamath Indian irrigation project, was approved by Pub. L. 88–456, Aug. 20, 1964, 78 Stat. 554.

Oroville-Tonasket Irrigation District

Action of the Secretary of the Interior taken on May 19, 1942, pursuant to authority contained in sections 389 to 389e of this title with respect to lands within the Oroville-Tonasket Irrigation District was confirmed by Congress in act Dec. 24, 1942, ch. 816, 56 Stat. 1082.

Uintah Indian Irrigation Project

Pub. L. 91–403, §§1–5, Sept. 18, 1970, 84 Stat. 843, 844, authorized the Secretary of the Interior to reimburse the Ute Tribe of the Uintah and Ouray Reservation for tribal funds that were used to construct, operate, and maintain the Uintah Indian irrigation project, Utah.

Action of Secretary of the Interior taken pursuant to authority contained in sections 389 to 389e of this title with respect to lands within the Uintah Indian Irrigation Project was confirmed by Congress in act May 28, 1941, ch. 142, 55 Stat. 209.

Wapato Indian Irrigation Project

In accordance with sections 389 to 389e of this title, order of Secretary of the Interior dated Sept. 12, 1962, canceling $4,494.58 of delinquent irrigation charges, providing for the deferred payment of $10,356.03, and providing for the removal of 78.12 acres of assessable land from the Wapato Indian irrigation project, was approved by Pub. L. 88–159, Oct. 28, 1963, 77 Stat. 278.

In accordance with sections 389 to 389e of this title, order of Secretary of the Interior canceling $35,700.72 of delinquent irrigation charges, providing for the deferred payment of $13,851.98, and providing for the removal of two hundred thirty-two and fifty-six one hundredths acres of assessable land from the Wapato Indian irrigation project, was approved by Pub. L. 86–281, Sept. 16, 1959, 73 Stat. 564.

Action by the Secretary of the Interior taken Sept. 9, 1942, pursuant to authority contained in sections 389 to 389e of this title with respect to lands within the Wapato Indian irrigation project was confirmed in act Dec. 24, 1942, ch. 815, 56 Stat. 1081.

Wind River Indian Irrigation Project

In accordance with sections 389 to 389e of this title, the order of the Secretary of the Interior, canceling delinquent operation and maintenance irrigation charges of $1,134.99 and accrued interest thereon, against lands on the Wind River Indian irrigation project, and a contract for the deferred payment of delinquent charges in the amount of $2,331.59, was approved by Pub. L. 88–116, Sept. 6, 1963, 77 Stat. 151.

In accordance with sections 389 to 389e of this title, the order of the Secretary of the Interior, canceling delinquent irrigation charges of $36,439.70 and accrued interest therein, and providing for a deferred payment of $8,706.27, as shown in schedules A, B, and C of such order, was approved by Pub. L. 87–516, July 2, 1962, 76 Stat. 128, provided that the cancellation under schedule B not become effective until the landowners agree to pay the balance of such delinquent charges amounting to $1,556.40.
25 U.S.C. § 4301 (2024) — Title 25: INDIANS / Chapter 44: NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND TOURISM / Section 4301: Findings; purposes
Findings; purposes
Status: in_force

(a) Findings

Congress finds that—

(1) clause 3 of section 8 of article I of the United States Constitution recognizes the special relationship between the United States and Indian Tribes;

(2) beginning in 1970, with the inauguration by the Nixon Administration of the Indian self-determination era, each President has reaffirmed the special government-to-government relationship between Indian Tribes and the United States;

(3) in 1994, President Clinton issued an Executive memorandum to the heads of departments and agencies that obligated all Federal departments and agencies, particularly those that have an impact on economic development, to evaluate the potential impacts of their actions on Indian Tribes;

(4) consistent with the principles of inherent Tribal sovereignty and the special relationship between Indian Tribes and the United States, Indian Tribes retain the right to enter into contracts and agreements to trade freely, and seek enforcement of treaty and trade rights;

(5) Congress has carried out the responsibility of the United States for the protection and preservation of Indian Tribes and the resources of Indian Tribes through the endorsement of treaties, and the enactment of other laws, including laws that provide for the exercise of administrative authorities;

(6) the United States has an obligation to guard and preserve the sovereignty of Indian Tribes in order to foster strong Tribal governments, Indian self-determination, and economic self-sufficiency among Indian Tribes;

(7) the capacity of Indian Tribes to build strong Tribal governments and vigorous economies is hindered by the inability of Indian Tribes to engage communities that surround Indian lands and outside investors in economic activities on Indian lands;

(8) despite the availability of abundant natural resources on Indian lands and a rich cultural legacy that accords great value to self-determination, self-reliance, and independence, Native Americans suffer higher rates of unemployment, poverty, poor health, substandard housing, and associated social ills than those of any other group in the United States;

(9) the United States has an obligation to assist Indian Tribes with the creation of appropriate economic and political conditions with respect to Indian lands to—

(A) encourage investment from outside sources that do not originate with the Tribes; and

(B) facilitate economic ventures with outside entities that are not Tribal entities;

(10) the economic success and material well-being of Native American communities depends on the combined efforts of the Federal Government, Tribal governments, the private sector, and individuals;

(11) the lack of employment and entrepreneurial opportunities in the communities referred to in paragraph (7) has resulted in a multigenerational dependence on Federal assistance that is—

(A) insufficient to address the magnitude of needs; and

(B) unreliable in availability; and

(12) the twin goals of economic self-sufficiency and political self-determination for Native Americans can best be served by making available to address the challenges faced by those groups—

(A) the resources of the private market;

(B) adequate capital; and

(C) technical expertise.

(b) Purposes

The purposes of this chapter are as follows:

(1) To revitalize economically and physically distressed Native American economies by—

(A) encouraging the formation of new businesses by eligible entities, and the expansion of existing businesses; and

(B) facilitating the movement of goods to and from Indian lands and the provision of services by Indians.

(2) To promote private investment in the economies of Indian Tribes and to encourage the sustainable development of resources of Indian Tribes and Indian-owned businesses.

(3) To promote the long-range sustained growth of the economies of Indian Tribes.

(4) To raise incomes of Indians in order to reduce the number of Indians at poverty levels and provide the means for achieving a higher standard of living on Indian reservations.

(5) To encourage intertribal, regional, and international trade and business development in order to assist in increasing productivity and the standard of living of members of Indian Tribes and improving the economic self-sufficiency of the governing bodies of Indian Tribes.

(6) To promote economic self-sufficiency and political self-determination for Indian Tribes and members of Indian Tribes.

(c) Applicability to Indian-Owned Businesses

The findings and purposes in subsections (a) and (b) shall apply to any Indian-owned business governed—

(1) by Tribal laws regulating trade or commerce on Indian lands; or

(2) pursuant to section 261 of this title.

(Pub. L. 106–464, §2, Nov. 7, 2000, 114 Stat. 2012; Pub. L. 116–261, §3(a), (e)(2), (3), Dec. 30, 2020, 134 Stat. 3307, 3311.)

Editorial Notes

Amendments

2020—Subsec. (a). Pub. L. 116–261, §3(e)(2), (3), substituted "Tribes" for "tribes" and "Tribal" for "tribal" wherever appearing.

Subsec. (b). Pub. L. 116–261, §3(e)(2), substituted "Tribes" for "tribes" wherever appearing.

Subsec. (c). Pub. L. 116–261, §3(a), added subsec. (c).

Statutory Notes and Related Subsidiaries

Short Title of 2020 Amendment

Pub. L. 116–261, §1, Dec. 30, 2020, 134 Stat. 3306, provided that: "This Act [enacting section 4306a of this title, amending this section and sections 47, 4302 to 4305, and 4307 of this title and sections 2991b, 2991b–2, 2991b–3, 2991c, 2992c, and 2992d of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under this section] may be cited as the 'Indian Community Economic Enhancement Act of 2020'."

Short Title

Pub. L. 106–464, §1, Nov. 7, 2000, 114 Stat. 2012, provided that: "This Act [enacting this chapter] may be cited as the 'Native American Business Development, Trade Promotion, and Tourism Act of 2000'."

Findings

Pub. L. 116–261, §2, Dec. 30, 2020, 134 Stat. 3306, provided that: "Congress finds that—

"(1)(A) to bring industry and economic development to Indian communities, Indian Tribes must overcome a number of barriers, including—

"(i) geographical location;

"(ii) lack of infrastructure or capacity;

"(iii) lack of sufficient collateral and capital; and

"(iv) regulatory bureaucracy relating to—

"(I) development; and

"(II) access to services provided by the Federal Government; and

"(B) the barriers described in subparagraph (A) often add to the cost of doing business in Indian communities;

"(2) Indian Tribes—

"(A) enact laws and exercise sovereign governmental powers;

"(B) determine policy for the benefit of Tribal members; and

"(C) produce goods and services for consumers;

"(3) the Federal Government has—

"(A) an important government-to-government relationship with Indian Tribes; and

"(B) a role in facilitating healthy and sustainable Tribal economies;

"(4) the input of Indian Tribes in developing Federal policy and programs leads to more meaningful and effective measures to assist Indian Tribes and Indian entrepreneurs in building Tribal economies;

"(5)(A) many components of Tribal infrastructure need significant repair or replacement; and

"(B) access to private capital for projects in Indian communities—

"(i) may not be available; or

"(ii) may come at a higher cost than such access for other projects;

"(6)(A) Federal capital improvement programs, such as those that facilitate tax-exempt bond financing and loan guarantees, are tools that help improve or replace crumbling infrastructure;

"(B) lack of parity in treatment of an Indian Tribe as a governmental entity under Federal tax and certain other regulatory laws impedes, in part, the ability of Indian Tribes to raise capital through issuance of tax exempt debt, invest as an accredited investor, and benefit from other investment incentives accorded to State and local governmental entities; and

"(C) as a result of the disparity in treatment of Indian Tribes described in subparagraph (B), investors may avoid financing, or demand a premium to finance, projects in Indian communities, making the projects more costly or inaccessible;

"(7) there are a number of Federal loan guarantee programs available to facilitate financing of business, energy, economic, housing, and community development projects in Indian communities, and those programs may support public-private partnerships for infrastructure development, but improvements and support are needed for those programs specific to Indian communities to facilitate more effectively private financing for infrastructure and other urgent development needs; and

"(8)(A) most real property held by Indian Tribes is trust or restricted land that essentially cannot be held as collateral; and

"(B) while creative solutions, such as leasehold mortgages, have been developed in response to the problem identified in subparagraph (A), some solutions remain subject to review and approval by the Bureau of Indian Affairs, adding additional costs and delay to Tribal projects."

Tribal Promise Zones

Pub. L. 115–334, title XII, §12510, Dec. 20, 2018, 132 Stat. 4990, provided that:

"(a) In General.—In this section, the term 'Tribal Promise Zone' means an area that—

"(1) is nominated by 1 or more Indian tribes (as defined in section 4(13) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for designation as a Tribal Promise Zone (in this section referred to as a 'nominated zone');

"(2) has a continuous boundary; and

"(3) the Secretary [of Agriculture] designates as a Tribal Promise Zone, after consultation with the Secretary of Commerce, the Secretary of Education, the Attorney General, the Secretary of the Interior, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Treasury, the Secretary of Transportation, and other agencies as appropriate.

"(b) Authorization and Number of Designations.—Not later than 1 year after the date of enactment of this Act [Dec. 20, 2018], the Secretary shall nominate a minimum number of nominated zones, as determined by the Secretary in consultation with Indian tribes, to be designated as Tribal Promise Zones.

"(c) Period of Designations.—

"(1) In general.—The Secretary shall designate nominated zones as Tribal Promise Zones before January 1, 2020.

"(2) Effective dates of designations.—The designation of any Tribal Promise Zone shall take effect—

"(A) for purposes of priority consideration in Federal grant programs and initiatives (other than this section), upon execution of the Tribal Promise Zone agreement with the Secretary; and

"(B) for purposes of this section, on January 1 of the first calendar year beginning after the date of the execution of the Tribal Promise Zone agreement.

"(3) Termination of designations.—The designation of any Tribal Promise Zone shall end on the earlier of—

"(A)(i) with respect to a Tribal Promise Zone not described in paragraph (4), the end of the 10-year period beginning on the date that such designation takes effect; or

"(ii) with respect to a Tribal Promise Zone described in paragraph (4), the end of the 10-year period beginning on the date the area was designated as a Tribal Promise Zone before the date of the enactment of this Act; or

"(B) the date of the revocation of such designation.

"(4) Application to certain zones already designated.—In the case of any area designated as a Tribal Promise Zone by the Secretary before the date of the enactment of this Act, such area shall be deemed a Tribal Promise Zone designated under this section (notwithstanding whether any such designation has been revoked before the date of the enactment of this Act) and shall reduce the number of Tribal Promise Zones remaining to be designated under paragraph (1).

"(d) Limitations on Designations.—No area may be designated under this section unless—

"(1) the entities nominating the area have the authority to nominate the area of designation under this section;

"(2) such entities provide written assurances satisfactory to the Secretary that the competitiveness plan described in the application under subsection (e) for such area will be implemented and that such entities will provide the Secretary with such data regarding the economic conditions of the area (before, during, and after the area's period of designation as a Tribal Promise Zone) as the Secretary may require; and

"(3) the Secretary determines that any information furnished is reasonably accurate.

"(e) Application.—No area may be designated under this section unless the application for such designation—

"(1) demonstrates that the nominated zone satisfies the eligibility criteria described in subsection (a); and

"(2) includes a competitiveness plan that—

"(A) addresses the need of the nominated zone to attract investment and jobs and improve educational opportunities;

"(B) leverages the nominated zone's economic strengths and outlines targeted investments to develop competitive advantages;

"(C) demonstrates collaboration across a wide range of stakeholders;

"(D) outlines a strategy that connects the nominated zone to drivers of regional economic growth; and

"(E) proposes a strategy for focusing on increased access to high quality affordable housing and improved public safety.

"(f) Selection Criteria.—

"(1) In general.—From among the nominated zones eligible for designation under this section, the Secretary shall designate Tribal Promise Zones on the basis of—

"(A) the effectiveness of the competitiveness plan submitted under subsection (e) and the assurances made under subsection (d);

"(B) unemployment rates, poverty rates, vacancy rates, crime rates, and such other factors as the Secretary may identify, including household income, labor force participation, and educational attainment; and

"(C) other criteria as determined by the Secretary.

"(2) Minimal standards.—The Secretary may set minimal standards for the levels of unemployment and poverty that must be satisfied for designation as a Tribal Promise Zone."

General Accounting Office Study

Pub. L. 106–568, title IV, §421, Dec. 27, 2000, 114 Stat. 2906, directed the Comptroller General to conduct a study and make findings and recommendations with respect to Federal programs designed to assist Indian tribes and tribal members with economic development, job creation, entrepreneurship, and business development, and to report to Congress not later than 1 year after Dec. 27, 2000.

Indian Tribal Regulatory Reform and Business Development

Pub. L. 106–447, Nov. 6, 2000, 114 Stat. 1934, as amended by Pub. L. 117–286, §4(a)(185), Dec. 27, 2022, 136 Stat. 4326, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Indian Tribal Regulatory Reform and Business Development Act of 2000'.

"SEC. 2. FINDINGS; PURPOSES.

"(a) Findings.—Congress finds that—

"(1) despite the availability of abundant natural resources on Indian lands and a rich cultural legacy that accords great value to self-determination, self-reliance, and independence, Native Americans suffer rates of unemployment, poverty, poor health, substandard housing, and associated social ills which are greater than the rates for any other group in the United States;

"(2) the capacity of Indian tribes to build strong Indian tribal governments and vigorous economies is hindered by the inability of Indian tribes to engage communities that surround Indian lands and outside investors in economic activities conducted on Indian lands;

"(3) beginning in 1970, with the issuance by the Nixon Administration of a special message to Congress on Indian Affairs, each President has reaffirmed the special government-to-government relationship between Indian tribes and the United States; and

"(4) the United States has an obligation to assist Indian tribes with the creation of appropriate economic and political conditions with respect to Indian lands to—

"(A) encourage investment from outside sources that do not originate with the Indian tribes; and

"(B) facilitate economic development on Indian lands.

"(b) Purposes.—The purposes of this Act are as follows:

"(1) To provide for a comprehensive review of the laws (including regulations) that affect investment and business decisions concerning activities conducted on Indian lands.

"(2) To determine the extent to which those laws unnecessarily or inappropriately impair—

"(A) investment and business development on Indian lands; or

"(B) the financial stability and management efficiency of Indian tribal governments.

"(3) To establish an authority to conduct the review under paragraph (1) and report findings and recommendations that result from the review to Congress and the President.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Authority.—The term 'Authority' means the Regulatory Reform and Business Development on Indian Lands Authority.

"(2) Federal agency.—The term 'Federal agency' means an agency, as that term is defined in section 551(1) of title 5, United States Code.

"(3) Indian.—The term 'Indian' has the meaning given that term in section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d)) [now 25 U.S.C. 5304(d)].

"(4) Indian lands.—

"(A) In general.—The term 'Indian lands' includes lands under the definition of—

"(i) the term 'Indian country' under section 1151 of title 18, United States Code; or

"(ii) the term 'reservation' under—

     "(I) section 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)); or

     "(II) section 4(10) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903(10)).

"(B) Former indian reservations in oklahoma.—For purposes of applying section 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)) under subparagraph (A)(ii), the term 'former Indian reservations in Oklahoma' shall be construed to include lands that are—

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

"(ii) recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act [Nov. 6, 2000]).

"(5) Indian tribe.—The term 'Indian tribe' has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)) [now 25 U.S.C. 5304(e)].

"(6) Secretary.—The term 'Secretary' means the Secretary of Commerce.

"(7) Tribal organization.—The term 'tribal organization' has the meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)) [now 25 U.S.C. 5304(l)].

"SEC. 4. ESTABLISHMENT OF AUTHORITY.

"(a) Establishment.—

"(1) In general.—Not later than 60 days after the date of enactment of this Act [Nov. 6, 2000], the Secretary, in consultation with the Secretary of the Interior and other officials whom the Secretary determines to be appropriate, shall establish an authority to be known as the Regulatory Reform and Business Development on Indian Lands Authority.

"(2) Purpose.—The Secretary shall establish the Authority under this subsection in order to facilitate the identification and subsequent removal of obstacles to investment, business development, and the creation of wealth with respect to the economies of Native American communities.

"(b) Membership.—

"(1) In general.—The Authority established under this section shall be composed of 21 members.

"(2) Representatives of indian tribes.—12 members of the Authority shall be representatives of the Indian tribes from the areas of the Bureau of Indian Affairs. Each such area shall be represented by such a representative.

"(3) Representatives of the private sector.—No fewer than 4 members of the Authority shall be representatives of nongovernmental economic activities carried out by private enterprises in the private sector.

"(c) Initial Meeting.—Not later than 90 days after the date of enactment of this Act [Nov. 6, 2000], the Authority shall hold its initial meeting.

"(d) Review.—Beginning on the date of the initial meeting under subsection (c), the Authority shall conduct a review of laws (including regulations) relating to investment, business, and economic development that affect investment and business decisions concerning activities conducted on Indian lands.

"(e) Meetings.—The Authority shall meet at the call of the chairperson.

"(f) Quorum.—A majority of the members of the Authority shall constitute a quorum, but a lesser number of members may hold hearings.

"(g) Chairperson.—The Authority shall select a chairperson from among its members.

"SEC. 5. REPORT.

"Not later than 1 year after the date of enactment of this Act [Nov. 6, 2000], the Authority shall prepare and submit to the Committee on Indian Affairs of the Senate, the Committee on Resources [now Committee on Natural Resources] of the House of Representatives, and to the governing body of each Indian tribe a report that includes—

"(1) the findings of the Authority concerning the review conducted under section 4(d); and

"(2) such recommendations concerning the proposed revisions to the laws that were subject to review as the Authority determines to be appropriate.

"SEC. 6. POWERS OF THE AUTHORITY.

"(a) Hearings.—The Authority may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Authority considers advisable to carry out the duties of the Authority.

"(b) Information From Federal Agencies.—The Authority may secure directly from any Federal department or agency such information as the Authority considers necessary to carry out the duties of the Authority.

"(c) Postal Services.—The Authority may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

"(d) Gifts.—The Authority may accept, use, and dispose of gifts or donations of services or property.

"SEC. 7. AUTHORITY PERSONNEL MATTERS.

"(a) Compensation of Members.—

"(1) Non-federal members.—Members of the Authority who are not officers or employees of the Federal Government shall serve without compensation, except for travel expenses as provided under subsection (b).

"(2) Officers and employees of the federal government.—Members of the Authority who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

"(b) Travel Expenses.—The members of the Authority shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Authority.

"(c) Staff.—

"(1) In general.—The chairperson of the Authority may, without regard to the civil service laws, appoint and terminate such personnel as may be necessary to enable the Authority to perform its duties.

"(2) Procurement of temporary and intermittent services.—The chairperson of the Authority may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed under GS–13 of the General Schedule established under section 5332 of title 5, United States Code.

"SEC. 8. TERMINATION OF THE AUTHORITY.

"The Authority shall terminate 90 days after the date on which the Authority has submitted a copy of the report prepared under section 5 to the committees of Congress specified in section 5 and to the governing body of each Indian tribe.

"SEC. 9. EXEMPTION FROM CHAPTER 10 OF TITLE, UNITED STATES CODE.

"The activities of the Authority conducted under this Act shall be exempt from chapter 10 of title 5, United States Code.

"SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated such sums as are necessary to carry out this Act, to remain available until expended."
25 U.S.C. § 4133 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter II: AFFORDABLE HOUSING ACTIVITIES / Section 4133: Program requirements
Program requirements
Status: in_force

(a) Rents

(1) Establishment

Subject to paragraph (2), each recipient shall develop written policies governing rents and homebuyer payments charged for dwelling units assisted under this chapter, including the methods by which such rents and homebuyer payments are determined.

(2) Maximum rent

In the case of any low-income family residing in a dwelling unit assisted with grant amounts under this chapter, the monthly rent or homebuyer payment (as applicable) for such dwelling unit may not exceed 30 percent of the monthly adjusted income of such family.

(b) Maintenance and efficient operation

Each recipient who owns or operates (or is responsible for funding any entity that owns or operates) housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] shall, using amounts of any grants received under this chapter, reserve and use for operating assistance under section 4132(1) of this title such amounts as may be necessary to provide for the continued maintenance and efficient operation of such housing. This subsection may not be construed to prevent any recipient (or entity funded by a recipient) from demolishing or disposing of Indian housing referred to in this subsection, pursuant to regulations established by the Secretary.

(c) Insurance coverage

Each recipient shall maintain adequate insurance coverage for housing units that are owned or operated or assisted with grant amounts provided under this chapter.

(d) Eligibility for admission

Each recipient shall develop written policies governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this chapter.

(e) Management and maintenance

Each recipient shall develop policies governing the management and maintenance of housing assisted with grant amounts under this chapter.

(f) Use of grant amounts over extended periods

(1) In general

To the extent that the Indian housing plan for an Indian tribe provides for the use of amounts of a grant under section 4111 of this title for a period of more than 1 fiscal year, or for affordable housing activities for which the amounts will be committed for use or expended during a subsequent fiscal year, the Secretary shall not require those amounts to be used or committed for use at any time earlier than otherwise provided for in the Indian housing plan.

(2) Carryover

Any amount of a grant provided to an Indian tribe under section 4111 of this title for a fiscal year that is not used by the Indian tribe during that fiscal year may be used by the Indian tribe during any subsequent fiscal year.

(g) De minimis exemption for procurement of goods and services

Notwithstanding any other provision of law, a recipient shall not be required to act in accordance with any otherwise applicable competitive procurement rule or procedure with respect to the procurement, using a grant provided under this chapter, of goods and services the value of which is less than $5,000.

(Pub. L. 104–330, title II, §203, Oct. 26, 1996, 110 Stat. 4032; Pub. L. 110–411, title II, §203, Oct. 14, 2008, 122 Stat. 4325.)

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.

The United States Housing Act of 1937, referred to in subsec. (b), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, §201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§1437 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 1437 of Title 42 and Tables.

Amendments

2008—Subsecs. (f), (g). Pub. L. 110–411 added subsecs. (f) and (g).

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. § 398 (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 398: Leases of unallotted lands for oil and gas mining purposes
Leases of unallotted lands for oil and gas mining purposes
Status: in_force

Unallotted land on Indian reservations other than lands of the Five Civilized Tribes and the Osage Reservation subject to lease for mining purposes for a period of ten years under section 397 of this title may be leased at public auction by the Secretary of the Interior, with the consent of the council speaking for such Indians, for oil and gas mining purposes for a period of not to exceed ten years, and as much longer as oil or gas shall be found in paying quantities, and the terms of any existing oil and gas mining lease may in like manner be amended by extending the term thereof for as long as oil or gas shall be found in paying quantities: Provided, That the production of oil and gas and other minerals on such lands may be taxed by the State in which said lands are located in all respects the same as production on unrestricted lands, and the Secretary of the Interior is authorized and directed to cause to be paid the tax so assessed against the royalty interests on said lands: Provided, however, That such tax shall not become a lien or charge of any kind or character against the land or the property of the Indian owner.

(May 29, 1924, ch. 210, 43 Stat. 244.)
25 U.S.C. § 613 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIX: SHOSHONE AND ARAPAHO TRIBES OF WYOMING / Section 613: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, acts May 19, 1947, ch. 80, §3, 61 Stat. 102; Aug. 30, 1951, ch. 367, §2, 65 Stat. 209; July 17, 1953, ch. 223, 67 Stat. 179; Aug. 9, 1955, ch. 638, 69 Stat. 557; July 25, 1956, ch. 723, §1, 70 Stat. 642; Pub. L. 85–610, §2, Aug. 8, 1958, 72 Stat. 541, which related to uses of trust funds and amount of per capita payments, was omitted from the Code as being of special and not general application.
25 U.S.C. § 682 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXIX: RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA / Section 682: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act June 19, 1952, ch. 445, §2, 66 Stat. 139, which provided that moneys paid under former sections 681 to 683 of this title would not be subject to liens or claims, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1726 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter II: MAINE INDIAN CLAIMS SETTLEMENT / Section 1726: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 96–420, §7, Oct. 10, 1980, 94 Stat. 1795, which related to the tribal organization of the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1632 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter III: HEALTH FACILITIES / Section 1632: Safe water and sanitary waste disposal facilities
Safe water and sanitary waste disposal facilities
Status: in_force

(a) Congressional findings

The Congress hereby finds and declares that—

(1) the provision of safe water supply systems and sanitary sewage and solid waste disposal systems is primarily a health consideration and function;

(2) Indian people suffer an inordinately high incidence of disease, injury, and illness directly attributable to the absence or inadequacy of such systems;

(3) the long-term cost to the United States of treating and curing such disease, injury, and illness is substantially greater than the short-term cost of providing such systems and other preventive health measures;

(4) many Indian homes and communities still lack safe water supply systems and sanitary sewage and solid waste disposal systems; and

(5) it is in the interest of the United States, and it is the policy of the United States, that all Indian communities and Indian homes, new and existing, be provided with safe and adequate water supply systems and sanitary sewage waste disposal systems as soon as possible.

(b) Authority; assistance; transfer of funds

(1) In furtherance of the findings and declarations made in subsection (a), Congress reaffirms the primary responsibility and authority of the Service to provide the necessary sanitation facilities and services as provided in section 2004a of title 42.

(2) The Secretary, acting through the Service, is authorized to provide under section 2004a of title 42—

(A) financial and technical assistance to Indian tribes and communities in the establishment, training, and equipping of utility organizations to operate and maintain Indian sanitation facilities;

(B) ongoing technical assistance and training in the management of utility organizations which operate and maintain sanitation facilities; and

(C) operation and maintenance assistance for, and emergency repairs to, tribal sanitation facilities when necessary to avoid a health hazard or to protect the Federal investment in sanitation facilities.

(3) Notwithstanding any other provision of law—

(A) the Secretary of Housing and Urban Affairs is authorized to transfer funds appropriated under the Housing and Community Development Act of 1974 (42 U.S.C. 5301, et seq.) to the Secretary of Health and Human Services, and

(B) the Secretary of Health and Human Services is authorized to accept and use such funds for the purpose of providing sanitation facilities and services for Indians under section 2004a of title 42.

(c) 10-year plan

Beginning in fiscal year 1990, the Secretary, acting through the Service, shall develop and begin implementation of a 10-year plan to provide safe water supply and sanitation sewage and solid waste disposal facilities to existing Indian homes and communities and to new and renovated Indian homes.

(d) Tribal capability

The financial and technical capability of an Indian tribe or community to safely operate and maintain a sanitation facility shall not be a prerequisite to the provision or construction of sanitation facilities by the Secretary.

(e) Amount of assistance

(1) The Secretary is authorized to provide financial assistance to Indian tribes and communities in an amount equal to the Federal share of the costs of operating, managing, and maintaining the facilities provided under the plan described in subsection (c).

(2) For the purposes of paragraph (1), the term "Federal share" means 80 percent of the costs described in paragraph (1).

(3) With respect to Indian tribes with fewer than 1,000 enrolled members, the non-Federal portion of the costs of operating, managing, and maintaining such facilities may be provided, in part, through cash donations or in kind property, fairly evaluated.

(f) Eligibility of programs administered by Indian tribes

Programs administered by Indian tribes or tribal organizations under the authority of the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] shall be eligible for—

(1) any funds appropriated pursuant to this section, and

(2) any funds appropriated for the purpose of providing water supply or sewage disposal services,

on an equal basis with programs that are administered directly by the Service.

(g) Annual report; sanitation deficiency levels

(1) The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 1671 of this title, a report which sets forth—

(A) the current Indian sanitation facility priority system of the Service;

(B) the methodology for determining sanitation deficiencies;

(C) the level of sanitation deficiency for each sanitation facilities project of each Indian tribe or community;

(D) the amount of funds necessary to raise all Indian tribes and communities to a level I sanitation deficiency; and

(E) the amount of funds necessary to raise all Indian tribes and communities to zero sanitation deficiency.

(2) In preparing each report required under paragraph (1) (other than the initial report), the Secretary shall consult with Indian tribes and tribal organizations (including those tribes or tribal organizations operating health care programs or facilities under any contract entered into with the Service under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]) to determine the sanitation needs of each tribe.

(3) The methodology used by the Secretary in determining sanitation deficiencies for purposes of paragraph (1) shall be applied uniformly to all Indian tribes and communities.

(4) For purposes of this subsection, the sanitation deficiency levels for an Indian tribe or community are as follows:

(A) level I is an Indian tribe or community with a sanitation system—

(i) which complies with all applicable water supply and pollution control laws, and

(ii) in which the deficiencies relate to routine replacement, repair, or maintenance needs;

(B) level II is an Indian tribe or community with a sanitation system—

(i) which complies with all applicable water supply and pollution control laws, and

(ii) in which the deficiencies relate to capital improvements that are necessary to improve the facilities in order to meet the needs of such tribe or community for domestic sanitation facilities;

(C) level III is an Indian tribe or community with a sanitation system which—

(i) has an inadequate or partial water supply and a sewage disposal facility that does not comply with applicable water supply and pollution control laws, or

(ii) has no solid waste disposal facility;

(D) level IV is an Indian tribe or community with a sanitation system which lacks either a safe water supply system or a sewage disposal system; and

(E) level V is an Indian tribe or community that lacks a safe water supply and a sewage disposal system.

(5) For purposes of this subsection, any Indian tribe or community that lacks the operation and maintenance capability to enable its sanitation system to meet pollution control laws may not be treated as having a level I or II sanitation deficiency.

(Pub. L. 94–437, title III, §302, Sept. 30, 1976, 90 Stat. 1407; Pub. L. 100–713, title III, §302, Nov. 23, 1988, 102 Stat. 4814; Pub. L. 102–573, title III, §§302, 307(b)(1), Oct. 29, 1992, 106 Stat. 4560, 4564.)

Editorial Notes

References in Text

The Housing and Community Development Act of 1974, referred to in subsec. (b)(3)(A), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42, The Public Health and Welfare, and Tables.

The Indian Self-Determination Act, referred to in subsecs. (f) and (g)(2), 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.

Amendments

1992—Subsec. (e). Pub. L. 102–573, §302(1), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "The provisions of this section shall not diminish the primary responsibility of the Indian family, community, or tribe to establish, collect, and utilize reasonable user fees, or otherwise set aside funding, for the purpose of operating and maintaining sanitation facilities."

Subsec. (f)(1). Pub. L. 102–573, §302(2), substituted "this section" for "subsection (h)".

Subsec. (g)(1). Pub. L. 102–573, §302(3)(A), substituted "The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 1671 of this title, a report" for "The Secretary shall submit to the Congress an annual report".

Subsec. (g)(2) to (6). Pub. L. 102–573, §302(3)(B), redesignated pars. (3) to (6) as (2) to (5), respectively, and struck out former par. (2) which read as follows: "The first report required under paragraph (1) shall be submitted by no later than the date that is 180 days after November 23, 1988, and, beginning in 1990, each subsequent annual report shall be submitted by the date that is 60 days after the date on which the President submits the budget to the Congress under section 1105 of title 31."

Subsec. (h). Pub. L. 102–573, §307(b)(1), struck out subsec. (h) which authorized appropriations to carry out subsec. (b)(2) for fiscal years 1990 to 1992.

1988—Pub. L. 100–713 amended section generally, substituting subsecs. (a) to (h) relating to safe water and sanitary waste disposal facilities for former subsecs. (a) to (c) relating to construction of safe water and sanitary waste disposal facilities.
25 U.S.C. § 967b (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLV: OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 967b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–717, §2, Nov. 2, 1966, 80 Stat. 1115, which provided for payments to minors and persons under legal disability to be paid in accordance with such procedures as the Secretary of the Interior determines will adequately protect their best interests and for shares under certain amount to revert to tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 658 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXV: INDIANS OF CALIFORNIA / Section 658: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act May 24, 1950, ch. 196, §2, 64 Stat. 190, which provided for a distribution of $150 from the judgment fund to each enrolled Indian, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4225 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4225: Treatment of program income and labor standards
Treatment of program income and labor standards
Status: in_force

(a) Program income

(1) Authority to retain

The Department of Hawaiian Home Lands may retain any program income that is realized from any grant amounts received by the Department under this subchapter if—

(A) that income was realized after the initial disbursement of the grant amounts received by the Department; and

(B) the Director agrees to use the program income for affordable housing activities in accordance with the provisions of this subchapter.

(2) Prohibition of reduction of grant

The Secretary may not reduce the grant amount for the Department of Hawaiian Home Lands based solely on—

(A) whether the Department retains program income under paragraph (1); or

(B) the amount of any such program income retained.

(3) Exclusion of amounts

The Secretary may, by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with the requirements of this subsection would create an unreasonable administrative burden on the Department.

(b) Labor standards

(1) In general

Any contract or agreement for assistance, sale, or lease pursuant to this subchapter shall contain—

(A) a provision requiring that an amount not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, technicians employed in the development and all maintenance, and laborers and mechanics employed in the operation, of the affordable housing project involved; and

(B) a provision that an amount not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to sections 3141–3144, 3146, and 3147 of title 40 shall be paid to all laborers and mechanics employed in the development of the affordable housing involved.

(2) Exceptions

Paragraph (1) and provisions relating to wages required under paragraph (1) in any contract or agreement for assistance, sale, or lease under this subchapter, shall not apply to any individual who performs the services for which the individual volunteered and who is not otherwise employed at any time in the construction work and received no compensation or is paid expenses, reasonable benefits, or a nominal fee for those services.

(Pub. L. 104–330, title VIII, §805, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2976.)

Editorial Notes

Codification

"Sections 3141–3144, 3146, and 3147 of title 40" substituted in subsec. (b)(1)(B) for "the Act commonly known as the 'Davis-Bacon Act' (46 Stat. 1494; chapter 411; 40 U.S.C. 276a et seq.)" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted substantially identical sections 805 of Pub. L. 104–330. This section is based on the text of section 805 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.
25 U.S.C. § 1680f (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter VI: MISCELLANEOUS / Section 1680f: Indian Health Service and Department of Veterans Affairs health facilities and services sharing
Indian Health Service and Department of Veterans Affairs health facilities and services sharing
Status: in_force

(a) Feasibility study and report

The Secretary shall examine the feasibility of entering into an arrangement for the sharing of medical facilities and services between the Indian Health Service and the Department of Veterans Affairs and shall, in accordance with subsection (b), prepare a report on the feasibility of such an arrangement and submit such report to the Congress by no later than September 30, 1990.

(b) Nonimpairment of service quality, eligibility, or priority of access

The Secretary shall not take any action under this section or under subchapter IV of chapter 81 of title 38 which would impair—

(1) the priority access of any Indian to health care services provided through the Indian Health Service;

(2) the quality of health care services provided to any Indian through the Indian Health Service;

(3) the priority access of any veteran to health care services provided by the Department of Veterans Affairs;

(4) the quality of health care services provided to any veteran by the Department of Veterans Affairs;

(5) the eligibility of any Indian to receive health services through the Indian Health Service; or

(6) the eligibility of any Indian who is a veteran to receive health services through the Department of Veterans Affairs.

(c) Cross utilization of services

(1) Not later than December 23, 1988, the Director of the Indian Health Service and the Secretary of Veterans Affairs shall implement an agreement under which—

(A) individuals in the vicinity of Roosevelt, Utah, who are eligible for health care from the Department of Veterans Affairs could obtain health care services at the facilities of the Indian Health Service located at Fort Duchesne, Utah; and

(B) individuals eligible for health care from the Indian Health Service at Fort Duchesne, Utah, could obtain health care services at the George E. Wahlen Department of Veterans Affairs Medical Center located in Salt Lake City, Utah.

(2) Not later than November 23, 1990, the Secretary and the Secretary of Veterans Affairs shall jointly submit a report to the Congress on the health care services provided as a result of paragraph (1).

(d) Right to health services

Nothing in this section may be construed as creating any right of a veteran to obtain health services from the Indian Health Service except as provided in an agreement under subsection (c).

(Pub. L. 94–437, title VIII, §816, formerly title VII, §716, as added Pub. L. 100–713, title VII, §710, Nov. 23, 1988, 102 Stat. 4832; amended Pub. L. 102–54, §13(j)(2), June 13, 1991, 105 Stat. 276; renumbered title VIII, §816, and amended Pub. L. 102–573, title VII, §701(a), (b), title IX, §902(9), Oct. 29, 1992, 106 Stat. 4572, 4592; Pub. L. 108–170, title II, §244, Dec. 6, 2003, 117 Stat. 2054.)

Editorial Notes

Amendments

2003—Subsec. (c)(1)(B). Pub. L. 108–170 substituted "George E. Wahlen Department of Veterans Affairs Medical Center" for "Department of Veterans Affairs medical center".

1992—Pub. L. 102–573, §902(9), amended section catchline.

1991—Subsecs. (a), (b)(3), (4), (6). Pub. L. 102–54, §13(j)(2)(A), substituted "Department of Veterans Affairs" for "Veterans' Administration".

Subsec. (c)(1). Pub. L. 102–54, §13(j)(2)(B), substituted "Not later than December 23, 1988, the Director of the Indian Health Service and the Secretary of Veterans Affairs shall" for "Within 30 days after November 23, 1988, the Director of the Indian Health Service and the Administrator of Veterans' Affairs are authorized and directed to".

Subsec. (c)(1)(A), (B). Pub. L. 102–54, §13(j)(2)(A), substituted "Department of Veterans Affairs" for "Veterans' Administration".

Subsec. (c)(2). Pub. L. 102–54, §13(j)(2)(C), substituted "Not later than November 23, 1990, the Secretary and the Secretary of Veterans Affairs shall" for "Not later than 2 years after November 23, 1988, the Secretary and the Administrator of Veterans' Affairs shall".

Statutory Notes and Related Subsidiaries

Designation of George E. Wahlen Department of Veterans Affairs Medical Center

Pub. L. 108–170, title II, §244, Dec. 6, 2003, 117 Stat. 2054, provided that: "The Department of Veterans Affairs Medical Center in Salt Lake City, Utah, shall after the date of the enactment of this Act [Dec. 6, 2003] be known and designated as the 'George E. Wahlen Department of Veterans Affairs Medical Center'. Any references to such facility in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the George E. Wahlen Department of Veterans Affairs Medical Center."
25 U.S.C. § 590c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XV: SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 590c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–442, §3, Sept. 29, 1972, 86 Stat. 744, which exempted distributed funds from Federal and State income taxes and provided for payment of shares for minors and persons under legal disability, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1621q (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter II: HEALTH SERVICES / Section 1621q: Prevention, control, and elimination of communicable and infectious diseases
Prevention, control, and elimination of communicable and infectious diseases
Status: in_force

(a) Grants authorized

The Secretary, acting through the Service, and after consultation with the Centers for Disease Control and Prevention, may make grants available to Indian tribes and tribal organizations for the following:

(1) Projects for the prevention, control, and elimination of communicable and infectious diseases, including tuberculosis, hepatitis, HIV, respiratory syncytial virus, hanta virus, sexually transmitted diseases, and H. pylori.

(2) Public information and education programs for the prevention, control, and elimination of communicable and infectious diseases.

(3) Education, training, and clinical skills improvement activities in the prevention, control, and elimination of communicable and infectious diseases for health professionals, including allied health professionals.

(4) Demonstration projects for the screening, treatment, and prevention of hepatitis C virus (HCV).

(b) Application required

The Secretary may provide funding under subsection (a) only if an application or proposal for funding is submitted to the Secretary.

(c) Coordination with health agencies

Indian tribes and tribal organizations receiving funding under this section are encouraged to coordinate their activities with the Centers for Disease Control and Prevention and State and local health agencies.

(d) Technical assistance; report

In carrying out this section, the Secretary—

(1) may, at the request of an Indian tribe or tribal organization, provide technical assistance; and

(2) shall prepare and submit a report to Congress biennially on the use of funds under this section and on the progress made toward the prevention, control, and elimination of communicable and infectious diseases among Indians and urban Indians.

(Pub. L. 94–437, title II, §218, as added Pub. L. 102–573, title II, §214, Oct. 29, 1992, 106 Stat. 4556; amended Pub. L. 103–437, §10(e)(1), (2)(B), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Amendment by Pub. L. 111–148 is based on section 133 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to grants to Indian tribes and tribal organizations for prevention, control, and elimination of tuberculosis.

1994—Subsec. (d)(4). Pub. L. 103–437 substituted "Committee on Indian" for "Select Committee on Indian" and "Natural Resources" for "Interior and Insular Affairs".

Statutory Notes and Related Subsidiaries

Coverage of Testing for COVID–19 at No Cost Sharing for Indians Receiving Purchased/Referred Care

Pub. L. 116–127, div. F, §6007, Mar. 18, 2020, 134 Stat. 208, provided that: "The Secretary of Health and Human Services shall cover, without the imposition of any cost sharing requirements, the cost of providing any COVID–19 related items and services as described in paragraph (1) of section 6001(a) [of Pub. L. 116–127, 42 U.S.C. 1320b–5 note] (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 320b–5(g) [1320b–5(g)]) beginning on or after the date of the enactment of this Act [Mar. 18, 2020] to Indians (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) receiving health services through the Indian Health Service, including through an Urban Indian Organization, regardless of whether such items or services have been authorized under the purchased/referred care system funded by the Indian Health Service or is covered as a health service of the Indian Health Service."
25 U.S.C. § 604 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XVII: YAKIMA TRIBES / Section 604: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 9, 1946, ch. 933, §4, 60 Stat. 969, which related to loss of membership and removal from roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1667c (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter V: ORGANIZATIONAL IMPROVEMENTS / Section 1667c: Substance abuse and mental health services Administration grants
Substance abuse and mental health services Administration grants
Status: in_force

(a) Grant applications

(1) Efficiency of grant application process

The Secretary, acting through the Administration, shall carry out such measures as the Secretary determines to be necessary to maximize the time and workload efficiency of the process by which Indian tribes and tribal organizations apply for grants under any program administered by the Administration, including by providing methods other than electronic methods of submitting applications for those grants, if necessary.

(2) Priority for certain grants

(A) In general

To fulfill the trust responsibility of the United States to Indian tribes, in awarding relevant grants pursuant to a program described in subparagraph (B), the Secretary shall take into consideration the needs of Indian tribes or tribal organizations, as applicable, that serve populations with documented high suicide rates, regardless of whether those Indian tribes or tribal organizations possess adequate personnel or infrastructure to fulfill all applicable requirements of the relevant program.

(B) Description of grant programs

A grant program referred to in subparagraph (A) is a grant program—

(i) administered by the Administration to fund activities relating to mental health, suicide prevention, or suicide-related risk factors; and

(ii) under which an Indian tribe or tribal organization is an eligible recipient.

(3) Clarification regarding Indian tribes and tribal organizations

Notwithstanding any other provision of law, in applying for a grant under any program administered by the Administration, no Indian tribe or tribal organization shall be required to apply through a State or State agency.

(4) Requirements for affected States

(A) Definitions

In this paragraph:

(i) Affected State

The term "affected State" means a State—

(I) the boundaries of which include 1 or more Indian tribes; and

(II) the application for a grant under any program administered by the Administration of which includes statewide data.

(ii) Indian population

The term "Indian population" means the total number of residents of an affected State who are Indian.

(B) Requirements

As a condition of receipt of a grant under any program administered by the Administration, each affected State shall—

(i) describe in the grant application—

(I) the Indian population of the affected State; and

(II) the contribution of that Indian population to the statewide data used by the affected State in the application; and

(ii) demonstrate to the satisfaction of the Secretary that—

(I) of the total amount of the grant, the affected State will allocate for use for the Indian population of the affected State an amount equal to the proportion that—

(aa) the Indian population of the affected State; bears to

(bb) the total population of the affected State; and

(II) the affected State will take reasonable efforts to collaborate with each Indian tribe located within the affected State to carry out youth suicide prevention and treatment measures for members of the Indian tribe.

(C) Report

Not later than 1 year after the date of receipt of a grant described in subparagraph (B), an affected State shall submit to the Secretary a report describing the measures carried out by the affected State to ensure compliance with the requirements of subparagraph (B)(ii).

(b) No non-Federal share requirement

Notwithstanding any other provision of law, no Indian tribe or tribal organization shall be required to provide a non-Federal share of the cost of any project or activity carried out using a grant provided under any program administered by the Administration.

(c) Outreach for rural and isolated Indian tribes

Due to the rural, isolated nature of most Indian reservations and communities (especially those reservations and communities in the Great Plains region), the Secretary shall conduct outreach activities, with a particular emphasis on the provision of telemental health services, to achieve the purposes of this part with respect to Indian tribes located in rural, isolated areas.

(d) Provision of other assistance

(1) In general

The Secretary, acting through the Administration, shall carry out such measures (including monitoring and the provision of required assistance) as the Secretary determines to be necessary to ensure the provision of adequate suicide prevention and mental health services to Indian tribes described in paragraph (2), regardless of whether those Indian tribes possess adequate personnel or infrastructure—

(A) to submit an application for a grant under any program administered by the Administration, including due to problems relating to access to the Internet or other electronic means that may have resulted in previous obstacles to submission of a grant application; or

(B) to fulfill all applicable requirements of the relevant program.

(2) Description of Indian tribes

An Indian tribe referred to in paragraph (1) is an Indian tribe—

(A) the members of which experience—

(i) a high rate of youth suicide;

(ii) low socioeconomic status; and

(iii) extreme health disparity;

(B) that is located in a remote and isolated area; and

(C) that lacks technology and communication infrastructure.

(3) Authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as the Secretary determines to be necessary to carry out this subsection.

(e) Early intervention and assessment services

(1) Definition of affected entity

In this subsection, the term "affected entity" means any entity—

(A) that receives a grant for suicide intervention, prevention, or treatment under a program administered by the Administration; and

(B) the population to be served by which includes Indian youth.

(2) Requirement

The Secretary, acting through the Administration, shall ensure that each affected entity carrying out a youth suicide early intervention and prevention strategy described in section 290bb–36(c)(1) of title 42, or any other youth suicide-related early intervention and assessment activity, provides training or education to individuals who interact frequently with the Indian youth to be served by the affected entity (including parents, teachers, coaches, and mentors) on identifying warning signs of Indian youth who are at risk of committing suicide.

(Pub. L. 94–437, title VII, §724, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 724 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. § 1041 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIX: SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT FUND / Section 1041: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 106–568, title VII, §702, Dec. 27, 2000, 114 Stat. 2913, 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. 106–568, title VII, §701, Dec. 27, 2000, 114 Stat. 2913, provided that title VII of Pub. L. 106–568, enacting this subchapter, could be cited as the "Shawnee Tribe Status Act of 2000".
25 U.S.C. § 713d (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 713d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–165, §6, Nov. 22, 1983, 97 Stat. 1066, which related to the tribal constitution and bylaws and election of the tribal governing body, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1621c (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter II: HEALTH SERVICES / Section 1621c: Diabetes prevention, treatment, and control
Diabetes prevention, treatment, and control
Status: in_force

(a) Determinations regarding diabetes

The Secretary, acting through the Service, and in consultation with Indian tribes and tribal organizations, shall determine—

(1) by Indian tribe and by Service unit, the incidence of, and the types of complications resulting from, diabetes among Indians; and

(2) based on the determinations made pursuant to paragraph (1), the measures (including patient education and effective ongoing monitoring of disease indicators) each Service unit should take to reduce the incidence of, and prevent, treat, and control the complications resulting from, diabetes among Indian tribes within that Service unit.

(b) Diabetes screening

To the extent medically indicated and with informed consent, the Secretary shall screen each Indian who receives services from the Service for diabetes and for conditions which indicate a high risk that the individual will become diabetic and establish a cost-effective approach to ensure ongoing monitoring of disease indicators. Such screening and monitoring may be conducted by a tribal health program and may be conducted through appropriate Internet-based health care management programs.

(c) Diabetes projects

The Secretary shall continue to maintain each model diabetes project in existence on March 23, 2010, any such other diabetes programs operated by the Service or tribal health programs, and any additional diabetes projects, such as the Medical Vanguard program provided for in title IV of Public Law 108–87, as implemented to serve Indian tribes. tribal 1 health programs shall receive recurring funding for the diabetes projects that they operate pursuant to this section, both at March 23, 2010, and for projects which are added and funded thereafter.

(d) Dialysis programs

The Secretary is authorized to provide, through the Service, Indian tribes, and tribal organizations, dialysis programs, including the purchase of dialysis equipment and the provision of necessary staffing.

(e) Other duties of the Secretary

(1) In general

The Secretary shall, to the extent funding is available—

(A) in each area office, consult with Indian tribes and tribal organizations regarding programs for the prevention, treatment, and control of diabetes;

(B) establish in each area office a registry of patients with diabetes to track the incidence of diabetes and the complications from diabetes in that area; and

(C) ensure that data collected in each area office regarding diabetes and related complications among Indians are disseminated to all other area offices, subject to applicable patient privacy laws.

(2) Diabetes control officers

(A) In general

The Secretary may establish and maintain in each area office a position of diabetes control officer to coordinate and manage any activity of that area office relating to the prevention, treatment, or control of diabetes to assist the Secretary in carrying out a program under this section or section 254c–3 of title 42.

(B) Certain activities

Any activity carried out by a diabetes control officer under subparagraph (A) that is the subject of a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),2 and any funds made available to carry out such an activity, shall not be divisible for purposes of that Act.

(Pub. L. 94–437, title II, §204, as added Pub. L. 100–713, title II, §203(c), Nov. 23, 1988, 102 Stat. 4806; amended Pub. L. 102–573, title II, §§204, 217(b)(3), title IX, §901(2), Oct. 29, 1992, 106 Stat. 4546, 4559, 4590; Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

Public Law 108–87, referred to in subsec. (c), is Pub. L. 108–87, Sept. 30, 2003, 117 Stat. 1054, known as the Department of Defense Appropriations Act, 2004. Title IV of the Act (117 Stat. 1067) is not classified to the Code. For complete classification of this Act to the Code, see Tables.

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (e)(2)(B), 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

Amendment by Pub. L. 111–148 is based on sections 101(c)(1) and 123 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 were enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to determination of incidence of, and types of complications resulting from, diabetes among Indians, measures for treatment and control of diabetes among tribes, screening of each Indian receiving services from the Service, model diabetes projects, establishment by diabetes control officers of registry of patients with diabetes, and authorization of appropriations.

Subsec. (c)(1). Pub. L. 111–148 struck out "through fiscal year 2000" before "each model diabetes project" in introductory provisions prior to general amendment of section. See above.

1992—Subsec. (a). Pub. L. 102–573, §901(2), redesignated par. (1) as entire subsec., redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, substituted "paragraph (1)" for "subparagraph (A)" in par. (2), and struck out former par. (2) which read as follows: "Within 18 months after November 23, 1988, the Secretary shall prepare and transmit to the President and the Congress a report describing the determinations made and measures taken under paragraph (1) and making recommendations for additional funding to prevent, treat, and control diabetes among Indians."

Subsec. (c). Pub. L. 102–573, §204(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

"(1) The Secretary shall continue to maintain during fiscal years 1988 through 1991 each of the following model diabetes projects which are in existence on November 23, 1988:

"(A) Claremore Indian Hospital in Oklahoma;

"(B) Fort Totten Health Center in North Dakota;

"(C) Sacaton Indian Hospital in Arizona;

"(D) Winnebago Indian Hospital in Nebraska;

"(E) Albuquerque Indian Hospital in New Mexico;

"(F) Perry, Princeton, and Old Town Health Centers in Maine; and

"(G) Bellingham Health Center in Washington.

"(2) The Secretary shall establish in fiscal year 1989, and maintain during fiscal years 1989 through 1991, a model diabetes project in each of the following locations:

"(A) Fort Berthold Reservation;

"(B) the Navajo Reservation;

"(C) the Papago Reservation;

"(D) the Zuni Reservation; and

"(E) the States of Alaska, California, Minnesota, Montana, Oregon, and Utah."

Subsec. (d)(4). Pub. L. 102–573, §204(2), added par. (4).

Subsec. (e). Pub. L. 102–573, §217(b)(3), substituted "this section" for "subsection (c) of this section" and struck out at beginning "There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section."

1 So in original. Probably should be capitalized.

2 See References in Text note below.
25 U.S.C. § 104 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter I: PURCHASE OF SUPPLIES / Section 104: Purchase of articles manufactured at schools
Purchase of articles manufactured at schools
Status: in_force

The Secretary of the Interior is authorized, whenever it can be done advantageously, to purchase for use in the Indian Service, from Indian manual and training schools, in the manner customary among individuals such articles as may be manufactured at such schools, and which are used in the Indian Service. Accounts of such transactions shall be kept in the Indian Bureau and in the training schools, and reports thereof made from time to time.

(May 11, 1880, ch. 85, §1, 21 Stat. 131.)

Statutory Notes and Related Subsidiaries

Transfer of Functions

Effective Jan. 1, 1947, Procurement Division of Department of the Treasury changed to Bureau of Federal Supply by regulation issued by Secretary of the Treasury under authority of section 301 of Title 5, Government Organization and Employees. Functions of Bureau of Federal Supply transferred to Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380, which was repealed and reenacted as section 303(a) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 303(a) of Title 40 was amended generally by Pub. L. 109–313, §2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Bureau of Federal Supply. See Historical and Revision Notes and 2006 Amendment note under section 303 of Title 40.

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.

Function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency transferred to a Procurement Division in Department of the Treasury by Ex. Ord. No. 6166, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees.
25 U.S.C. § 305f (2024) — Title 25: INDIANS / Chapter 7A: PROMOTION OF SOCIAL AND ECONOMIC WELFARE / Section 305f: Indian Arts and Crafts Board art collection
Indian Arts and Crafts Board art collection
Status: in_force

(a) Transfer of art collection and costs

Notwithstanding any other provision of law, the Secretary of the Interior is directed to transfer all right, title and interest in that portion of the Indian Arts and Crafts Board art collection maintained permanently by the Indian Arts and Crafts Board in Washington, District of Columbia, to the Secretary of the Smithsonian Institution to be a part of the collection of the National Museum of the American Indian, subject to subsection (b). Transfer of the collection and costs thereof shall be carried out in accordance with terms, conditions, and standards mutually agreed upon by the Secretary of the Interior and the Secretary of the Smithsonian Institution.

(b) Retention of permanent license to use of images

The Indian Arts and Crafts Board shall retain a permanent license to the use of images of the collection for promotional, economic development, educational and related nonprofit purposes. The Indian Arts and Crafts Board shall not be required to pay any royalty or fee for such license.

(Aug. 27, 1935, ch. 748, §7, as added Pub. L. 105–277, div. A, §101(e) [title III, §356(a)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–304.)
25 U.S.C. § 4022 (2024) — Title 25: INDIANS / Chapter 42: AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM / Subchapter II: INDIAN TRUST FUND MANAGEMENT PROGRAM / Section 4022: Voluntary withdrawal from trust funds program
Voluntary withdrawal from trust funds program
Status: in_force

(a) In general

An Indian tribe may, in accordance with this section, submit a plan to withdraw some or all funds held in trust for such tribe by the United States and managed by the Secretary through the Bureau.

(b) Approval of plan

The Secretary shall approve such plan within 90 days of receipt and when approving the plan, the Secretary shall obtain the advice of the Special Trustee or prior to the appointment of such Special Trustee, the Director of the Office of Trust Fund Management within the Bureau. Such plan shall meet the following conditions:

(1) Such plan has been approved by the appropriate Indian tribe and is accompanied by a resolution from the tribal governing body approving the plan.

(2) The Secretary determines such plan to be reasonable after considering all appropriate factors, including (but not limited to) the following:

(A) The capability and experience of the individuals or institutions that will be managing the trust funds.

(B) The protection against substantial loss of principal.

(c) Dissolution of trust responsibility

Beginning on the date funds are withdrawn pursuant to this section, any trust responsibility or liability of the United States with respect to such funds shall cease except as provided for in section 4027 of this title.

(Pub. L. 103–412, title II, §202, Oct. 25, 1994, 108 Stat. 4242.)
25 U.S.C. § 703 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 703: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 13, 1954, ch. 733, §13, 68 Stat. 727, which related to termination of Federal trust, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4131 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter II: AFFORDABLE HOUSING ACTIVITIES / Section 4131: National objectives and eligible families
National objectives and eligible families
Status: in_force

(a) Primary objective

The national objectives of this chapter are—

(1) to assist and promote affordable housing activities to develop, maintain, and operate affordable housing in safe and healthy environments on Indian reservations and in other Indian areas for occupancy by low-income Indian families;

(2) to ensure better access to private mortgage markets for Indian tribes and their members and to promote self-sufficiency of Indian tribes and their members;

(3) to coordinate activities to provide housing for Indian tribes and their members with Federal, State, and local activities to further economic and community development for Indian tribes and their members;

(4) to plan for and integrate infrastructure resources for Indian tribes with housing development for tribes; and

(5) to promote the development of private capital markets in Indian country and to allow such markets to operate and grow, thereby benefiting Indian communities.

(b) Eligible families

(1) In general

Except as provided under paragraphs (2) and (4), and except with respect to loan guarantees under the demonstration program under subchapter VI, assistance under eligible housing activities under this chapter shall be limited to low-income Indian families on Indian reservations and other Indian areas.

(2) Exception to low-income requirement

(A) Exception to requirement

Notwithstanding paragraph (1), a recipient may provide housing or housing assistance through affordable housing activities for which a grant is provided under this chapter to any family that is not a low-income family, to the extent that the Secretary approves the activities due to a need for housing for those families that cannot reasonably be met without that assistance.

(B) Limits

The Secretary shall establish limits on the amount of assistance that may be provided under this chapter for activities for families who are not low-income families.

(3) Essential families

Notwithstanding paragraph (1), a recipient may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this chapter for a family on an Indian reservation or other Indian area if the recipient determines that the presence of the family on the Indian reservation or other Indian area is essential to the well-being of Indian families and the need for housing for the family cannot reasonably be met without such assistance.

(4) Law enforcement officers

A recipient may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this chapter for a law enforcement officer on an Indian reservation or other Indian area, if—

(A) the officer—

(i) is employed on a full-time basis by the Federal Government or a State, county, or other unit of local government, or lawfully recognized tribal government; and

(ii) in implementing such full-time employment, is sworn to uphold, and make arrests for, violations of Federal, State, county, or tribal law; and

(B) the recipient determines that the presence of the law enforcement officer on the Indian reservation or other Indian area may deter crime.

(5) Law enforcement officers

Notwithstanding paragraph (1), a recipient may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this chapter to a law enforcement officer on the reservation or other Indian area, who is employed full-time by a Federal, State, county or tribal government, and in implementing such full-time employment is sworn to uphold, and make arrests for violations of Federal, State, county or tribal law, if the recipient determines that the presence of the law enforcement officer on the Indian reservation or other Indian area may deter crime.

(6) 1 Preference for tribal members and other Indian families

The Indian housing plan for an Indian tribe may require preference, for housing or housing assistance provided through affordable housing activities assisted with grant amounts provided under this chapter on behalf of such tribe, to be given (to the extent practicable) to Indian families who are members of such tribe, or to other Indian families. In any case in which the applicable Indian housing plan for an Indian tribe provides for preference under this paragraph, the recipient for the tribe shall ensure that housing activities that are assisted with grant amounts under this chapter for such tribe are subject to such preference.

(6) 1 Exemption

Title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] and title VIII of the Civil Rights Act of 1968 [42 U.S.C. 3601 et seq.] shall not apply to actions by federally recognized tribes and the tribally designated housing entities of those tribes under this chapter.

(Pub. L. 104–330, title II, §201, Oct. 26, 1996, 110 Stat. 4031; Pub. L. 105–276, title V, §595(e)(7), Oct. 21, 1998, 112 Stat. 2657; Pub. L. 106–377, §1(a)(1) [title II, §210], Oct. 27, 2000, 114 Stat. 1441, 1441A–26; Pub. L. 106–568, title X, §1003(e), Dec. 27, 2000, 114 Stat. 2926; Pub. L. 110–411, title II, §201, Oct. 14, 2008, 122 Stat. 4324.)

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.

The Civil Rights Act of 1964, referred to in subsec. (b)(6), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 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 2000a of Title 42 and Tables.

The Civil Rights Act of 1968, referred to in subsec. (b)(6), is Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 73. Title VIII of the Act, known as the Fair Housing Act, is classified principally to subchapter I (§3601 et seq.) of chapter 45 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42 and Tables.

Amendments

2008—Subsec. (b)(1). Pub. L. 110–411, §201(1), inserted "and except with respect to loan guarantees under the demonstration program under subchapter VI," after "paragraphs (2) and (4),".

Subsec. (b)(2). Pub. L. 110–411, §201(2), added subpar. (A), designated second sentence as subpar. (B) and inserted heading, and struck out former first sentence which read as follows: "A recipient may provide assistance for homeownership activities under section 4132(2) of this title, model activities under section 4132(6) of this title, or loan guarantee activities under subchapter VI of this chapter to Indian families who are not low-income families, to the extent that the Secretary approves the activities pursuant to such section or subchapter because there is a need for housing for such families that cannot reasonably be met without such assistance."

Subsec. (b)(3). Pub. L. 110–411, §201(3), substituted "Essential" for "Non-Indian" in heading and "for a family" for "for a non-Indian family" in text.

Subsec. (b)(4)(A)(i). Pub. L. 110–411, §201(4), inserted "or other unit of local government," after "county,".

2000—Subsec. (b)(1). Pub. L. 106–568, §1003(e)(1), substituted "paragraphs (2) and (4)" for "paragraph (2)".

Subsec. (b)(4). Pub. L. 106–568, §1003(e)(3), added par. (4). Former par. (4) redesignated (5).

Pub. L. 106–377, §1(a)(1) [title II, §210(2)], added par. (4). Former par. (4) redesignated (5).

Subsec. (b)(5). Pub. L. 106–568, §1003(e)(2), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Pub. L. 106–377, §1(a)(1) [title II, §210(1)], redesignated par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (b)(6). Pub. L. 106–568, §1003(e)(2), redesignated par. (5), relating to preference for tribal members and other Indian families, as (6).

Pub. L. 106–377, §1(a)(1) [title II, §210(1)], redesignated par. (5), relating to exemption, as (6).

1998—Subsec. (b)(5). Pub. L. 105–276 substituted "federally recognized tribes and the tribally designated housing entities of those tribes" for "Indian tribes" and "chapter" for "subsection".

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.

1 So in original. Two pars. (6) have been enacted.
25 U.S.C. § 1054 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter L: TILLAMOOK AND NEHALEM BANDS OF THE TILLAMOOK INDIANS: DISTRIBUTION OF JUDGMENT FUND / Section 1054: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 88–506, §4, Aug. 30, 1964, 78 Stat. 639, which provided for payment of costs incurred in preparation of rolls and distribution of payment of pro rata shares, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1665i (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter V: ORGANIZATIONAL IMPROVEMENTS / Section 1665i: Training and community education
Training and community education
Status: in_force

(a) Program

The Secretary, in cooperation with the Secretary of the Interior, shall develop and implement or assist Indian tribes and tribal organizations to develop and implement, within each Service unit or tribal program, a program of community education and involvement which shall be designed to provide concise and timely information to the community leadership of each tribal community. Such program shall include education about behavioral health issues to political leaders, tribal judges, law enforcement personnel, members of tribal health and education boards, health care providers including traditional practitioners, and other critical members of each tribal community. Such program may also include community-based training to develop local capacity and tribal community provider training for prevention, intervention, treatment, and aftercare.

(b) Instruction

The Secretary, acting through the Service, shall provide instruction in the area of behavioral health issues, including instruction in crisis intervention and family relations in the context of alcohol and substance abuse, child sexual abuse, youth alcohol and substance abuse, and the causes and effects of fetal alcohol spectrum disorders to appropriate employees of the Bureau of Indian Affairs and the Service, and to personnel in schools or programs operated under any contract with the Bureau of Indian Affairs or the Service, including supervisors of emergency shelters and halfway houses described in section 2433 of this title.

(c) Training models

In carrying out the education and training programs required by this section, the Secretary, in consultation with Indian tribes, tribal organizations, Indian behavioral health experts, and Indian alcohol and substance abuse prevention experts, shall develop and provide community-based training models. Such models shall address—

(1) the elevated risk of alcohol abuse and other behavioral health problems faced by children of alcoholics;

(2) the cultural, spiritual, and multigenerational aspects of behavioral health problem prevention and recovery; and

(3) community-based and multidisciplinary strategies for preventing and treating behavioral health problems.

(Pub. L. 94–437, title VII, §710, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 710 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 1665i, Pub. L. 94–437, title VII, §710, as added Pub. L. 102–573, title VII, §702(a), Oct. 29, 1992, 106 Stat. 4580, provided for the completion of construction of the Thunder Child Treatment Center, prior to the general amendment of this subchapter by Pub. L. 111–148.
25 U.S.C. § 3304 (2024) — Title 25: INDIANS / Chapter 35: INDIAN HIGHER EDUCATION PROGRAMS / Subchapter I: HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION / Section 3304: Qualification for grants to tribes
Qualification for grants to tribes
Status: in_force

(a) Contracting tribes

Any Indian tribe that obtains funds for educational purposes similar to those authorized in this subchapter pursuant to contract under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] may qualify for a grant under this subchapter by submitting to the Secretary a notice of intent to administer a student assistance program under section 3303 of this title. Such notice shall be effective for the fiscal year following the fiscal year in which it is submitted, except that if such notice is submitted during the last 90 days of a fiscal year such notice shall be effective the second fiscal year following the fiscal year in which it is submitted, unless the Secretary waives this limitation.

(b) Noncontracting tribes

Any Indian tribe that is not eligible to qualify for a grant under this subchapter by filing a notice under subsection (a) may qualify for such a grant by filing an application for such a grant. Such application shall be submitted under guidelines for programs under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.], as in effect on January 1, 1991, and shall be reviewed under the standards, practices, and procedures applicable to applications to contract under such Act as in effect on the date the application is received, except that—

(1) if the tribe is not notified that its application has been disapproved within 180 days after it is filed with the Secretary, the application shall be deemed to be approved;

(2) if the application is disapproved, the Secretary shall provide technical assistance to the tribe for purposes of correcting deficiencies in the application;

(3) the Secretary shall designate an office or official to receive such applications, and shall toll the 180-day period described in paragraph (1) from the date of receipt by such office or official; and

(4) applications shall be approved for the fiscal year following the fiscal year in which submitted, unless the Secretary waives the limitation of this paragraph.

(c) Termination of grants

(1) Continuing eligibility presumed

An Indian tribe which has qualified under subsection (a) or (b) for a grant under this subchapter for any fiscal year shall continue to be eligible for such a grant for each succeeding fiscal year unless the Secretary revokes such eligibility for a cause described in paragraph (2).

(2) Causes for loss of eligibility

The Secretary may revoke the eligibility of an Indian tribe for a grant under this subchapter if such tribe—

(A) fails to submit to the Bureau an annual financial statement that reports revenues and expenditures determined by use of an accounting system, established by the tribe, that complies with generally accepted accounting principles;

(B) fails to submit to the Bureau an annual program description, stating the number of students served, and containing such information concerning such students, their educational programs and progress, and the financial assistance distributed to such students as the Secretary may require by regulation;

(C) fails to submit to the Secretary a biennial financial audit conducted in accordance with chapter 75 of title 31; or

(D) fails, in an evaluation of its financial assistance program conducted by an impartial third party entity, to comply with standards under this subchapter relating to (i) eligible students, programs, or institutions of higher education, (ii) satisfactory progress, or (iii) allowable administrative costs; as determined under contracts applicable to programs to provide financial assistance to individual Indian students for the cost of attendance at institutions of higher education administered by Indian tribes under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] and in effect on January 20, 1991.

(3) Procedures for revocation of eligibility

The Secretary shall not revoke the eligibility of an Indian tribe for a grant under this subchapter except—

(A) after notice in writing to the tribe of the cause and opportunity to the tribe to correct;

(B) providing technical assistance to the tribe in making such corrections; and

(C) after hearing and appeals conducted under the same rules and regulations that apply to similar termination actions under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.].

(Pub. L. 102–325, title XIII, §1314, July 23, 1992, 106 Stat. 799.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
25 U.S.C. § 5382 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter V: TRIBAL SELF-GOVERNANCE-INDIAN HEALTH SERVICE / Section 5382: Establishment
Establishment
Status: in_force

The Secretary shall establish and carry out a program within the Indian Health Service of the Department of Health and Human Services to be known as the "Tribal Self-Governance Program" in accordance with this subchapter.

(Pub. L. 93–638, title V, §502, as added Pub. L. 106–260, §4, Aug. 18, 2000, 114 Stat. 714.)

Editorial Notes

Codification

Section was formerly classified to section 458aaa–1 of this title prior to editorial reclassification and renumbering as this section.

Another section 502 of Pub. L. 93–638 was renumbered section 802 and is classified to section 5422 of this title.
25 U.S.C. § 3621 (2024) — Title 25: INDIANS / Chapter 38: INDIAN TRIBAL JUSTICE SUPPORT / Subchapter II: AUTHORIZATIONS OF APPROPRIATIONS / Section 3621: Tribal justice systems
Tribal justice systems
Status: in_force

(a) Office

There is authorized to be appropriated to carry out sections 3611 and 3612 of this title, $7,000,000 for each of fiscal years 2011 through 2015. None of the funds provided under this subsection may be used for the administrative expenses of the Office.

(b) Base support funding for tribal justice systems

There is authorized to be appropriated to carry out section 3613 of this title, $50,000,000 for each of fiscal years 2011 through 2015.

(c) Administrative expenses for Office

There is authorized to be appropriated, for the administrative expenses of the Office, $500,000 for each of fiscal years 2011 through 2015.

(d) Administrative expenses for tribal judicial conferences

There is authorized to be appropriated, for the administrative expenses of tribal judicial conferences, $500,000 for each of fiscal years 2011 through 2015.

(e) Survey

For carrying out the survey under section 3612 of this title, there is authorized to be appropriated, in addition to the amount authorized under subsection (a) of this section, $400,000.

(f) Indian priority system

Funds appropriated pursuant to the authorizations provided by this section and available for a tribal justice system shall not be subject to the Indian priority system. Nothing in this chapter shall preclude a tribal government from supplementing any funds received under this chapter with funds received from any other source including the Bureau or any other Federal agency.

(g) Allocation of funds

In allocating funds appropriated pursuant to the authorization contained in subsection (a) among the Bureau, Office, tribal governments and Courts of Indian Offenses, the Secretary shall take such actions as may be necessary to ensure that such allocation is carried out in a manner that is fair and equitable to all tribal governments and is proportionate to base support funding under section 3613 of this title received by the Bureau, Office, tribal governments, and Courts of Indian Offenses.

(h) No offset

No Federal agency shall offset funds made available pursuant to this chapter for tribal justice systems against other funds otherwise available for use in connection with tribal justice systems.

(Pub. L. 103–176, title II, §201, Dec. 3, 1993, 107 Stat. 2009; Pub. L. 106–559, title II, §202, Dec. 21, 2000, 114 Stat. 2782; Pub. L. 111–211, title II, §242(a)(2), July 29, 2010, 124 Stat. 2292.)

Editorial Notes

Amendments

2010—Subsec. (a). Pub. L. 111–211, §242(a)(2)(A), substituted "sections 3611 and 3612 of this title" for "the provisions of sections 3611 and 3612 of this title" and "fiscal years 2011 through 2015" for "the fiscal years 2000 through 2007".

Subsec. (b). Pub. L. 111–211, §242(a)(2)(B), substituted "section 3613 of this title" for "the provisions of section 3613 of this title" and "fiscal years 2011 through 2015" for "the fiscal years 2000 through 2007".

Subsecs. (c), (d). Pub. L. 111–211, §242(a)(2)(C), (D), substituted "fiscal years 2011 through 2015" for "the fiscal years 2000 through 2007".

2000—Subsecs. (a) to (d). Pub. L. 106–559 substituted "2000 through 2007" for "1994, 1995, 1996, 1997, 1998, 1999, and 2000".
25 U.S.C. § 1780m (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XIV: PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT / Section 1780m: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 109–286, §15, Sept. 27, 2006, 120 Stat. 1229, which provided for rule of construction and judicial review of the Settlement and Los Alamos Agreements, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3501 (2024) — Title 25: INDIANS / Chapter 37: INDIAN ENERGY / Section 3501: Definitions
Definitions
Status: in_force

In this chapter:

(1) The term "Director" means the Director of the Office of Indian Energy Policy and Programs, Department of Energy.

(2) The term "Indian land" means—

(A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria;

(B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—

(i) in trust by the United States for the benefit of an Indian tribe or an individual Indian;

(ii) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or

(iii) by a dependent Indian community;

(C) land that is owned by an Indian tribe and was conveyed by the United States to a Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), or that was conveyed by the United States to a Native Corporation in exchange for such land;

(D) any land located in a census tract in which the majority of residents are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b))); and

(E) any land located in a census tract in which the majority of residents are persons who are enrolled members of a federally recognized Tribe or village.

(3) The term "Indian reservation" includes—

(A) an Indian reservation in existence in any State or States as of August 8, 2005;

(B) a public domain Indian allotment; and

(C) a dependent Indian community located within the borders of the United States, regardless of whether the community is located—

(i) on original or acquired territory of the community; or

(ii) within or outside the boundaries of any State or States.

(4)(A) The term "Indian tribe" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).1

(B) For the purpose of paragraph (12) and sections 3503(b)(1)(C) and 3504 of this title, the term "Indian tribe" does not include any Native Corporation.

(5) The term "integration of energy resources" means any project or activity that promotes the location and operation of a facility (including any pipeline, gathering system, transportation system or facility, or electric transmission or distribution facility) on or near Indian land to process, refine, generate electricity from, or otherwise develop energy resources on, Indian land.

(6) The term "Native Corporation" has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(7) The term "organization" means a partnership, joint venture, limited liability company, or other unincorporated association or entity that is established to develop Indian energy resources.

(8) The term "Program" means the Indian energy resource development program established under section 3502(a) of this title.

(9) The term "qualified Indian tribe" means an Indian tribe that has—

(A) carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application without material audit exception (or without any material audit exceptions that were not corrected within the 3-year period) relating to the management of tribal land or natural resources; or

(B) substantial experience in the administration, review, or evaluation of energy resource leases or agreements or has otherwise substantially participated in the administration, management, or development of energy resources located on the tribal land of the Indian tribe.

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

(11) The term "sequestration" means the long-term separation, isolation, or removal of greenhouse gases from the atmosphere, including through a biological or geologic method such as reforestation or an underground reservoir.

(12) The term "tribal energy development organization" means—

(A) any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged in the development of energy resources and is wholly owned by an Indian tribe (including an organization incorporated pursuant to section 5124 of this title or section 5203 of this title); and

(B) any organization of two or more entities, at least one of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance under section 3502 of this title or to enter into a lease or business agreement with, or acquire a right-of-way from, an Indian tribe pursuant to subsection (a)(2)(A)(ii) or (b)(2)(B) of section 3504 of this title.

(13) The term "tribal land" means any land or interests in land owned by any Indian tribe, title to which is held in trust by the United States, or is subject to a restriction against alienation under laws of the United States.

(Pub. L. 102–486, title XXVI, §2601, as added Pub. L. 109–58, title V, §503(a), Aug. 8, 2005, 119 Stat. 764; amended Pub. L. 115–325, title I, §105(a), Dec. 18, 2018, 132 Stat. 4455; Pub. L. 116–260, div. Z, title VIII, §8013(a), Dec. 27, 2020, 134 Stat. 2592.)

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in par. (2)(C), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

The Indian Self-Determination and Education Assistance Act, referred to in pars. (4)(A) and (9)(A), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203. Titles I and IV of the Act are classified principally to subchapter I (§5321 et seq.) and generally to subchapter IV (§5361 et seq.), respectively, of chapter 46 of this title. Section 4 of the Act was classified to section 450b of this title prior to editorial reclassification as section 5304 of this title. For complete classification of this Act to the Code, see section 1 of Pub. L. 93–638, set out as a Short Title note under section 5301 of this title and Tables.

Prior Provisions

A prior section 3501, Pub. L. 102–486, title XXVI, §2601, Oct. 24, 1992, 106 Stat. 3113, defined terms, prior to the general amendment of this chapter by Pub. L. 109–58.

Amendments

2020—Par. (2)(D), (E). Pub. L. 116–260 added subpars. (D) and (E).

2018—Pars. (9) to (11). Pub. L. 115–325, §105(a)(1), (2), added par. (9) and redesignated former pars. (9) and (10) as (10) and (11), respectively. Former par. (11) redesignated (12).

Par. (12). Pub. L. 115–325, §105(a)(3), added par. (12) and struck out former par. (12) which read as follows: "The term 'tribal energy resource development organization' means an organization of two or more entities, at least one of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance under section 3502 of this title."

Pub. L. 115–325, §105(a)(1), redesignated par. (11) as (12). Former par. (12) redesignated (13).

Par. (13). Pub. L. 115–325, §105(a)(1), redesignated par. (12) as (13).

Statutory Notes and Related Subsidiaries

Short Title of 2018 Amendment

Pub. L. 115–325, §1, Dec. 18, 2018, 132 Stat. 4445, provided that: "This Act [enacting sections 167 and 3507 of this title, amending this section, sections 415, 3115a, 3502 to 3504, and 3506 of this title, section 800 of Title 16, Conservation, and section 6863 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 3104 and 3504 of this title and section 800 of Title 16] may be cited as the 'Indian Tribal Energy Development and Self-Determination Act Amendments of 2017'."

Consultation With Indian Tribes

Pub. L. 109–58, title V, §504, Aug. 8, 2005, 119 Stat. 778, provided that: "In carrying out this title [enacting this chapter, section 7144e of Title 42, The Public Health and Welfare, and subchapter V (§16001) of chapter 149 of Title 42, amending section 4132 of this title and section 5315 of Title 5, Government Organization and Employees, and enacting provisions set out as a note under section 15801 of Title 42] and the amendments made by this title, the Secretary [of Energy] and the Secretary of the Interior shall, as appropriate and to the maximum extent practicable, involve and consult with Indian tribes."

1 See References in Text note below.
25 U.S.C. § 183 (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 183: Marriage of white men to Indian women; evidence
Marriage of white men to Indian women; evidence
Status: in_force

Whenever the marriage of any white man with any Indian woman, a member of any such tribe of Indians, is required or offered to be proved in any judicial proceeding, evidence of the admission of such fact by the party against whom the proceeding is had, or evidence of general repute, or of cohabitation as married persons, or any other circumstantial or presumptive evidence from which the fact may be inferred, shall be competent.

(Aug. 9, 1888, ch. 818, §3, 25 Stat. 392.)
25 U.S.C. § 174 (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 174: Superintendence by President over tribes west of Mississippi
Superintendence by President over tribes west of Mississippi
Status: in_force

The President is authorized to exercise general superintendence and care over any tribe or nation which was removed upon an exchange of territory under authority of the act of May 28, 1830, "to provide for an exchange of lands with the Indians residing in any of the States or Territories, and for their removal west of the Mississippi;" and to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever.

(R.S. §2114.)

Editorial Notes

Codification

R.S. §2114 derived from act May 28, 1830, ch. 148, §§7, 8, 4 Stat. 412.

Statutory Notes and Related Subsidiaries

American Indian Policy Review Commission

Pub. L. 93–580, Jan. 2, 1975, 88 Stat. 1910, as amended by Pub. L. 94–80, §§1–4, Aug. 9, 1975, 89 Stat. 415, 416; Pub. L. 95–5, Feb. 17, 1977, 91 Stat. 13, provided for the establishment, membership, etc., of the American Indian Policy Review Commission, and for investigations, studies, and a final report respecting Indian tribal government affairs, with the Commission to cease to exist three months after submission of the final report but not later than June 30, 1977, and Congressional committee reports to Congress within two years after referral to committee of the final report by the President of the Senate and Speaker of the House.
25 U.S.C. § 2508 (2024) — Title 25: INDIANS / Chapter 27: TRIBALLY CONTROLLED SCHOOL GRANTS / Section 2508: Role of the Director
Role of the Director
Status: in_force

Applications for grants under this chapter, and all application modifications, shall be reviewed and approved by personnel under the direction and control of the Director of the Office of Indian Education Programs. Required reports shall be submitted to education personnel under the direction and control of the Director of such Office.

(Pub. L. 100–297, title V, §5209, as added Pub. L. 107–110, title X, §1043, Jan. 8, 2002, 115 Stat. 2077.)

Editorial Notes

Prior Provisions

A prior section 2508, Pub. L. 100–297, title V, §5209, Apr. 28, 1988, 102 Stat. 394; Pub. L. 100–427, §14, Sept. 9, 1988, 102 Stat. 1609; Pub. L. 101–301, §5(b), May 24, 1990, 104 Stat. 207; Pub. L. 103–382, title III, §382(d), (e), Oct. 20, 1994, 108 Stat. 4017, 4018, related to application with respect to Indian Self-Determination and Education Assistance Act, prior to repeal by Pub. L. 107–110, title X, §1043, Jan. 8, 2002, 115 Stat. 2063. See section 2507 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education.
25 U.S.C. § 1128 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LIV: MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1128: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–309, §7, June 2, 1972, 86 Stat. 200, 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. § 564u (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIII: KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION / Section 564u: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 13, 1954, ch. 732, §22, 68 Stat. 723, which provided that nothing in this subchapter would abrogate any valid lease, permit, license, right-of-way, lien, or other contract approved before Aug. 13, 1954, was omitted from the Code as being of special and not general application.
25 U.S.C. § 998 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLVII: CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND / Section 998: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 87–775, §8, Oct. 9, 1962, 76 Stat. 777, 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. § 5368 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter IV: TRIBAL SELF-GOVERNANCE-DEPARTMENT OF THE INTERIOR / Section 5368: Payment
Payment
Status: in_force

(a) In general

At the request of the governing body of an Indian Tribe and under the terms of an applicable funding agreement, the Secretary shall provide funding to the Indian Tribe to carry out the funding agreement.

(b) Advance annual payment

At the option of the Indian Tribe, a funding agreement shall provide for an advance annual payment to an Indian Tribe.

(c) Amount

(1) In general

Subject to subsection (e) and sections 5363 and 5365 of this title, the Secretary shall provide funds to the Indian Tribe under a funding agreement for programs in an amount that is equal to the amount that the Indian Tribe would have been entitled to receive under contracts and grants under this chapter (including amounts for direct program and contract support costs and, in addition, any funds that are specifically or functionally related to the provision by the Secretary of services and benefits to the Indian Tribe or its members) without regard to the organization level within the Department at which the programs are carried out.

(2) Savings clause

Nothing in this section reduces programs, services, or funds of, or provided to, another Indian Tribe.

(d) Timing

(1) In general

Pursuant to the terms of any compact or funding agreement entered into under this subchapter, the Secretary shall transfer to the Indian Tribe all funds provided for in the funding agreement, pursuant to subsection (c), and provide funding for periods covered by joint resolution adopted by Congress making continuing appropriations, to the extent permitted by such resolution.

(2) Transfers

Not later than 1 year after October 21, 2020, in any instance in which a funding agreement requires an annual transfer of funding to be made at the beginning of a fiscal year or requires semiannual or other periodic transfers of funding to be made commencing at the beginning of a fiscal year, the first such transfer shall be made not later than 10 days after the apportionment of such funds by the Office of Management and Budget to the Department, unless the funding agreement provides otherwise.

(e) Availability

Funds for trust services to individual Indians shall be available under a funding agreement only to the extent that the same services that would have been provided by the Secretary are provided to individual Indians by the Indian Tribe.

(f) Multiyear funding

A funding agreement may provide for multiyear funding.

(g) Limitations on authority of the Secretary

The Secretary shall not—

(1) fail to transfer to an Indian Tribe its full share of any central, headquarters, regional, area, or service unit office or other funds due under this subchapter for programs eligible under paragraph (1) or (2) of section 5363(b) of this title, except as required by Federal law;

(2) withhold any portion of such funds for transfer over a period of years; or

(3) reduce the amount of funds required under this subchapter—

(A) to make funding available for self-governance monitoring or administration by the Secretary;

(B) in subsequent years, except as necessary as a result of—

(i) a reduction in appropriations from the previous fiscal year for the program to be included in a compact or funding agreement;

(ii) a congressional directive in legislation or an accompanying report;

(iii) a Tribal authorization;

(iv) a change in the amount of pass-through funds subject to the terms of the funding agreement; or

(v) completion of an activity under a program for which the funds were provided;

(C) to pay for Federal functions, including—

(i) Federal pay costs;

(ii) Federal employee retirement benefits;

(iii) automated data processing;

(iv) technical assistance; and

(v) monitoring of activities under this subchapter; or

(D) to pay for costs of Federal personnel displaced by self-determination contracts under this chapter or self-governance under this subchapter.

(h) Federal resources

If an Indian Tribe elects to carry out a compact or funding agreement with the use of Federal personnel, Federal supplies (including supplies available from Federal warehouse facilities), Federal supply sources (including lodging, airline transportation, and other means of transportation, including the use of interagency motor pool vehicles), or other Federal resources (including supplies, services, and resources available to the Secretary under any procurement contracts in which the Department is eligible to participate), the Secretary shall, as soon as practicable, acquire and transfer such personnel, supplies, or resources to the Indian Tribe under this subchapter.

(i) Prompt Payment Act

Chapter 39 of title 31 shall apply to the transfer of funds due under a compact or funding agreement authorized under this subchapter.

(j) Interest or other income

(1) In general

An Indian Tribe may retain interest or income earned on any funds paid under a compact or funding agreement to carry out governmental purposes.

(2) No effect on other amounts

The retention of interest or income under paragraph (1) shall not diminish the amount of funds an Indian Tribe is entitled to receive under a funding agreement in the year the interest or income is earned or in any subsequent fiscal year.

(3) Investment standard

Funds transferred under this subchapter shall be managed by the Indian Tribe using the prudent investment standard, provided that the Secretary shall not be liable for any investment losses of funds managed by the Indian Tribe that are not otherwise guaranteed or insured by the Federal Government.

(k) Carryover of funds

(1) In general

Notwithstanding any provision of an appropriations Act, all funds paid to an Indian Tribe in accordance with a compact or funding agreement shall remain available until expended.

(2) Effect of carryover

If an Indian Tribe elects to carry over funding from one year to the next, the carryover shall not diminish the amount of funds the Indian Tribe is entitled to receive under a funding agreement in that fiscal year or any subsequent fiscal year.

(l) Limitation of costs

(1) In general

An Indian Tribe shall not be obligated to continue performance that requires an expenditure of funds in excess of the amount of funds transferred under a compact or funding agreement.

(2) Notice of insufficiency

If at any time the Indian Tribe has reason to believe that the total amount provided for a specific activity under a compact or funding agreement is insufficient, the Indian Tribe shall provide reasonable notice of such insufficiency to the Secretary.

(3) Suspension of performance

If, after notice under paragraph (2), the Secretary does not increase the amount of funds transferred under the funding agreement, the Indian Tribe may suspend performance of the activity until such time as additional funds are transferred.

(4) Savings clause

Nothing in this section reduces any programs, services, or funds of, or provided to, another Indian Tribe.

(m) Distribution of funds

The Office of Self-Governance shall be responsible for distribution of all Bureau of Indian Affairs funds provided under this subchapter unless otherwise agreed by the parties to an applicable funding agreement.

(n) Applicability

Notwithstanding any other provision of this section, section 101(a) of the PROGRESS for Indian Tribes Act applies to subsections (a) through (m).

(Pub. L. 93–638, title IV, §408, as added Pub. L. 116–180, title I, §101(e), Oct. 21, 2020, 134 Stat. 872.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (c)(1) and (g)(3)(D), was in the original "this Act", meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

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

Prior Provisions

A prior section 5368, Pub. L. 93–638, title IV, §408, as added Pub. L. 103–413, title II, §204, Oct. 25, 1994, 108 Stat. 4278, authorized appropriations, prior to repeal by Pub. L. 116–180, title I, §101(e), Oct. 21, 2020, 134 Stat. 864, 872. See section 5377 of this title. Such section was formerly classified to section 458hh of this title prior to editorial reclassification and renumbering as section 5368.
25 U.S.C. § 5413 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter VI: INDIAN LAW ENFORCEMENT FOUNDATION / Section 5413: Administrative services and support
Administrative services and support
Status: in_force

(a) Provision of support by Secretary

Subject to subsection (b), during the 5-year period beginning on the date on which the Foundation is established, the Secretary—

(1) may provide personnel, facilities, and other administrative support services to the Foundation;

(2) may provide funds for initial operating costs and to reimburse the travel expenses of the members of the Board; and

(3) shall require and accept reimbursements from the Foundation for—

(A) services provided under paragraph (1); and

(B) funds provided under paragraph (2).

(b) Reimbursement

Reimbursements accepted under subsection (a)(3)—

(1) shall be deposited in the Treasury of the United States to the credit of the applicable appropriations account; and

(2) shall be chargeable for the cost of providing services described in subsection (a)(1) and travel expenses described in subsection (a)(2).

(c) Continuation of certain services

The Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection (a) if the facilities and services are—

(1) available; and

(2) provided on reimbursable cost basis.

(Pub. L. 93–638, title VII, §703, as added Pub. L. 111–211, title II, §231(c), July 29, 2010, 124 Stat. 2277.)

Editorial Notes

Codification

Section was formerly classified to section 458ccc–2 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5303 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 5303: Tribal and Federal advisory committees
Tribal and Federal advisory committees
Status: in_force

Notwithstanding any other provision of law (including any regulation), the Secretary of the Interior and the Secretary of Health and Human Services are authorized to jointly establish and fund advisory committees or other advisory bodies composed of members of Indian tribes or members of Indian tribes and representatives of the Federal Government to ensure tribal participation in the implementation of the Indian Self-Determination and Education Assistance Act (Public Law 93–638) [25 U.S.C. 5301 et seq.].

(Pub. L. 101–644, title II, §204, as added Pub. L. 103–435, §22(b), Nov. 2, 1994, 108 Stat. 4575.)

Editorial Notes

References in Text

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

Codification

Section was enacted as part of the Indian Self-Determination and Education Assistance Act Amendments of 1990, and not as part of the Indian Self-Determination and Education Assistance Act which comprises this chapter.

Section was formerly classified to section 450a–1 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 1734 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter II: MAINE INDIAN CLAIMS SETTLEMENT / Section 1734: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 96–420, §15, Oct. 10, 1980, 94 Stat. 1797, which related to severability of provisions, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1638d (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter III: HEALTH FACILITIES / Section 1638d: Credit to appropriations of money collected for meals at Indian Health Service facilities
Credit to appropriations of money collected for meals at Indian Health Service facilities
Status: in_force

Money before, on, and after September 30, 1994, collected for meals served at Indian Health Service facilities will be credited to the appropriations from which the services were furnished and shall be credited to the appropriation when received.

(Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2530.)

Editorial Notes

Codification

Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1995, and not as part of the Indian Health Care Improvement Act which comprises this chapter.
25 U.S.C. § 1804 (2024) — Title 25: INDIANS / Chapter 20: TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE / Subchapter I: TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM / Section 1804: Eligible grant recipients
Eligible grant recipients
Status: in_force

To be eligible for assistance under this subchapter, a tribally controlled college or university must be one which—

(1) is governed by a board of directors or board of trustees a majority of which are Indians;

(2) demonstrates adherence to stated goals, a philosophy, or a plan of operation which is directed to meet the needs of Indians;

(3) if in operation for more than one year, has students a majority of whom are Indians; and

(4)(A) is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority with regard to the quality of training offered; or

(B) according to such an agency or association, is making reasonable progress toward accreditation.

(Pub. L. 95–471, title I, §103, Oct. 17, 1978, 92 Stat. 1326; Pub. L. 105–244, title IX, §901(b)(5), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 110–315, title IX, §941(d), Aug. 14, 2008, 122 Stat. 3461.)

Editorial Notes

Amendments

2008—Par. (4). Pub. L. 110–315 added par. (4).

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

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. § 396c (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 396c: Lessees of restricted lands to furnish bonds for performance
Lessees of restricted lands to furnish bonds for performance
Status: in_force

On and after May 11, 1938, lessees of restricted Indian lands, tribal or allotted, for mining purposes, including oil and gas, shall furnish corporate surety bonds, in amounts satisfactory to the Secretary of the Interior, guaranteeing compliance with the terms of their leases: Provided, That personal surety bonds may be accepted where the sureties deposit as collateral with the said Secretary of the Interior any public-debt obligations of the United States guaranteed as to principal and interest by the United States equal to the full amount of such bonds, or other collateral satisfactory to the Secretary of the Interior, or show ownership to unencumbered real estate of a value equal to twice the amount of the bonds.

(May 11, 1938, ch. 198, §3, 52 Stat. 348.)

Statutory Notes and Related Subsidiaries

Repeal of Inconsistent Acts

For repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title.
25 U.S.C. § 881 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIX: INDIANS OF OKLAHOMA / Section 881: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–401, §1, Sept. 16, 1970, 84 Stat. 838, which related to disposition of the judgment fund of the Potawatomi Indians, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1134 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LV: DUWAMISH TRIBE OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND / Section 1134: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–660, §4, Oct. 14, 1966, 80 Stat. 911, which exempted funds distributed under the provisions of this subchapter from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 403c (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 403c: Identity of lessor; period of lease
Identity of lessor; period of lease
Status: in_force

Such leases may be made only by the individual Indian owner of the land or by the authorized representatives of the tribe or group of Indians to whom the land belongs, subject to the approval of the Secretary of the Interior or his authorized representative. Restricted allotments of deceased Indians, when the heirs or devisees cannot agree on a lease, may be leased for them in the manner prescribed by section 380 of this title. No lease shall be made by or on behalf of any tribe for a longer period than is or may be authorized by the tribal constitution, charter, or ordinances. Nothing contained in this section or section 403b of this title shall be construed to repeal any authority to lease restricted lands which any Indian, Indian tribe, or official of the Department of the Interior would have in the absence of such sections.

(Aug. 9, 1946, ch. 929, §2, 60 Stat. 962.)
25 U.S.C. § 5504 (2024) — Title 25: INDIANS / Chapter 47: CONVEYANCE OF SUBMARGINAL LAND / Section 5504: Existing rights of possession, contract, interest, etc.
Existing rights of possession, contract, interest, etc.
Status: in_force

(a) Preservation; force and effect of mineral leases; rejection of pending applications for leases and return of advance rental payments

Nothing in this chapter shall deprive any person of any existing valid right of possession, contract right, interest, or title he may have in the land involved, or of any existing right of access to public domain lands over and across the land involved, as determined by the Secretary of the Interior. All existing mineral leases, including oil and gas leases, which may have been issued or approved pursuant to section 5 of the Mineral Leasing Act for Acquired Lands of August 7, 1947 (61 Stat. 913, 915) [30 U.S.C. 354], or the Mineral Leasing Act of 1920 (41 Stat. 437) [30 U.S.C. 181 et seq.], as amended prior to October 17, 1975, shall remain in force and effect in accordance with the provisions thereof. All applications for mineral leases, including oil and gas leases, pursuant to such Acts, pending on October 17, 1975, and covering any of the minerals conveyed by sections 5501 and 5503 of this title shall be rejected and the advance rental payments returned to the applicants.

(b) Administration of lands

Subject to the provisions of subsection (a) of this section, the property conveyed by this chapter shall hereafter be administered in accordance with the laws and regulations applicable to property held in trust by the United States for Indian tribes, including but not limited to sections 396a to 396g of this title.

(Pub. L. 94–114, §4, Oct. 17, 1975, 89 Stat. 578.)

Editorial Notes

References in Text

The Mineral Leasing Act of 1920, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables.

Codification

Section was formerly classified to section 459c of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 306 (2024) — Title 25: INDIANS / Chapter 7A: PROMOTION OF SOCIAL AND ECONOMIC WELFARE / Section 306: Expenditures for encouragement of industry and self-support; repayment
Expenditures for encouragement of industry and self-support; repayment
Status: in_force

On and after May 9, 1938, the expenditures for the purpose of encouraging industry and self-support among the Indians and to aid them in the culture of fruits, grains, and other crops shall be under conditions to be prescribed by the Secretary of the Interior for repayment to the United States on or before the expiration of five years, except in the case of loans on irrigable lands for permanent improvement of said lands, in which the period for repayment may run for not exceeding twenty years, in the discretion of the Secretary of the Interior.

(May 9, 1938, ch. 187, §1, 52 Stat. 302.)
25 U.S.C. § 500f (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter VII: REINDEER INDUSTRY / Section 500f: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1937, ch. 897, §7, 50 Stat. 900, which related to management of reindeer industry, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1750 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter III: FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT / Section 1750: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 105–83, title VII, §702, Nov. 14, 1997, 111 Stat. 1624, 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. 105–83, title VII, §701, Nov. 14, 1997, 111 Stat. 1624, provided that title VII of Pub. L. 105–83, enacting this part, could be cited as the "Miccosukee Settlement Act of 1997".
25 U.S.C. § 3101 (2024) — Title 25: INDIANS / Chapter 33: NATIONAL INDIAN FOREST RESOURCES MANAGEMENT / Section 3101: Findings
Findings
Status: in_force

The Congress finds and declares that—

(1) the forest lands of Indians are among their most valuable resources and Indian forest lands—

(A) encompass more than 15,990,000 acres, including more than 5,700,000 acres of commercial forest land and 8,700,000 acres of woodland,

(B) are a perpetually renewable and manageable resource,

(C) provide economic benefits, including income, employment, and subsistence, and

(D) provide natural benefits, including ecological, cultural, and esthetic values;

(2) the United States has a trust responsibility toward Indian forest lands;

(3) existing Federal laws do not sufficiently assure the adequate and necessary trust management of Indian forest lands;

(4) the Federal investment in, and the management of, Indian forest land is significantly below the level of investment in, and management of, National Forest Service forest land, Bureau of Land Management forest land, or private forest land;

(5) tribal governments make substantial contributions to the overall management of Indian forest land; and

(6) there is a serious threat to Indian forest lands arising from trespass and unauthorized harvesting of Indian forest land resources.

(Pub. L. 101–630, title III, §302, Nov. 28, 1990, 104 Stat. 4532.)

Statutory Notes and Related Subsidiaries

Short Title of 2004 Amendment

Pub. L. 108–278, §1, July 22, 2004, 118 Stat. 868, provided that: "This Act [enacting section 3115a of this title and enacting provisions set out as a note under section 3115b of this title] may be cited as the 'Tribal Forest Protection Act of 2004'."

Short Title

Pub. L. 101–630, title III, §301, Nov. 28, 1990, 104 Stat. 4532, provided that: "This title [enacting this chapter] may be cited as the 'National Indian Forest Resources Management Act'."
25 U.S.C. § 2814 (2024) — Title 25: INDIANS / Chapter 30: INDIAN LAW ENFORCEMENT REFORM / Section 2814: Policies and protocol
Policies and protocol
Status: in_force

The Director of the Indian Health Service, in coordination with the Director of the Office of Justice Services and the Director of the Office on Violence Against Women of the Department of Justice, in consultation with Indian Tribes and Tribal Organizations, and in conference with Urban Indian Organizations, shall develop standardized sexual assault policies and protocol for the facilities of the Service, based on similar protocol that has been established by the Department of Justice.

(Pub. L. 101–379, §17, as added Pub. L. 111–211, title II, §265, July 29, 2010, 124 Stat. 2300.)
25 U.S.C. § 5385 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter V: TRIBAL SELF-GOVERNANCE-INDIAN HEALTH SERVICE / Section 5385: Funding agreements
Funding agreements
Status: in_force

(a) Funding agreement required

The Secretary shall negotiate and enter into a written funding agreement with each Indian tribe participating in self-governance in a manner consistent with the Federal Government's trust responsibility, treaty obligations, and the government-to-government relationship between Indian tribes and the United States.

(b) Contents

(1) In general

Each funding agreement required under subsection (a) of this section shall, as determined by the Indian tribe, authorize the Indian tribe to plan, conduct, consolidate, administer, and receive full tribal share funding, including tribal shares of discretionary Indian Health Service competitive grants (excluding congressionally earmarked competitive grants), for all programs, services, functions, and activities (or portions thereof), that are carried out for the benefit of Indians because of their status as Indians without regard to the agency or office of the Indian Health Service within which the program, service, function, or activity (or portion thereof) is performed.

(2) Inclusion of certain programs, services, functions, and activities

Such programs, services, functions, or activities (or portions thereof) include all programs, services, functions, activities (or portions thereof), including grants (which may be added to a funding agreement after an award of such grants), with respect to which Indian tribes or Indians are primary or significant beneficiaries, administered by the Department of Health and Human Services through the Indian Health Service and all local, field, service unit, area, regional, and central headquarters or national office functions so administered under the authority of—

(A) section 13 of this title;

(B) the Act of April 16, 1934 (48 Stat. 596; chapter 147; 25 U.S.C. 452 et seq.); 1

(C) the Act of August 5, 1954 (68 Stat. 674; chapter 658) [42 U.S.C. 2001 et seq.];

(D) the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.);

(E) the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2401 et seq.);

(F) any other Act of Congress authorizing any agency of the Department of Health and Human Services to administer, carry out, or provide financial assistance to such a program, service, function or activity (or portions thereof) described in this section that is carried out for the benefit of Indians because of their status as Indians; or

(G) any other Act of Congress authorizing such a program, service, function, or activity (or portions thereof) carried out for the benefit of Indians under which appropriations are made available to any agency other than an agency within the Department of Health and Human Services, in any case in which the Secretary administers that program, service, function, or activity (or portion thereof).

(c) Inclusion in compact or funding agreement

It shall not be a requirement that an Indian tribe or Indians be identified in the authorizing statute for a program or element of a program to be eligible for inclusion in a compact or funding agreement under this subchapter.

(d) Funding agreement terms

Each funding agreement under this subchapter shall set forth—

(1) terms that generally identify the programs, services, functions, and activities (or portions thereof) to be performed or administered; and

(2) for the items identified in paragraph (1)—

(A) the general budget category assigned;

(B) the funds to be provided, including those funds to be provided on a recurring basis;

(C) the time and method of transfer of the funds;

(D) the responsibilities of the Secretary; and

(E) any other provision with respect to which the Indian tribe and the Secretary agree.

(e) Subsequent funding agreements

Absent notification from an Indian tribe that is withdrawing or retroceding the operation of one or more programs, services, functions, or activities (or portions thereof) identified in a funding agreement, or unless otherwise agreed to by the parties, each funding agreement shall remain in full force and effect until a subsequent funding agreement is executed, and the terms of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement.

(f) Existing funding agreements

Each Indian tribe participating in the Tribal Self-Governance Demonstration Project established under title III 1 on August 18, 2000, shall have the option at any time thereafter to—

(1) retain the Tribal Self-Governance Demonstration Project funding agreement of that Indian tribe (in whole or in part) to the extent that the provisions of that funding agreement are not directly contrary to any express provision of this subchapter; or

(2) instead of retaining a funding agreement or portion thereof under paragraph (1), negotiate a new funding agreement in a manner consistent with the requirements of this subchapter.

(g) Stable base funding

At the option of an Indian tribe, a funding agreement may provide for a stable base budget specifying the recurring funds (including, for purposes of this provision, funds available under section 5325(a) of this title) to be transferred to such Indian tribe, for such period as may be specified in the funding agreement, subject to annual adjustment only to reflect changes in congressional appropriations by sub-sub activity excluding earmarks.

(Pub. L. 93–638, title V, §505, as added Pub. L. 106–260, §4, Aug. 18, 2000, 114 Stat. 716.)

Editorial Notes

References in Text

Act of April 16, 1934, referred to in subsec. (b)(2)(B), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the Johnson-O'Malley Act, which was classified generally to section 452 et seq. of this title prior to editorial reclassification as section 5342 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.

Act of August 5, 1954, referred to in subsec. (b)(2)(C), is act Aug. 5, 1954, ch. 658, 68 Stat. 674, which is classified generally to subchapter I (§2001 et seq.) of chapter 22 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.

The Indian Health Care Improvement Act, referred to in subsec. (b)(2)(D), is Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, which is classified principally to chapter 18 (§1601 et seq.) of this title. 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 Alcohol and Substance Abuse Prevention and Treatment Act of 1986, referred to in subsec. (b)(2)(E), is subtitle C of title IV of Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–137, which is classified generally to chapter 26 (§2401 et seq.) of this title. For complete classification of subtitle C to the Code, see Short Title note set out under section 2401 of this title and Tables.

Title III, referred to in subsec. (f), means title III of Pub. L. 93–638, as added by Pub. L. 100–472, title II, §209, Oct. 5, 1988, 102 Stat. 2296, which was set out as a note under former section 450f of this title prior to repeal by Pub. L. 106–260, §10, Aug. 18, 2000, 114 Stat. 734.

Codification

Section was formerly classified to section 458aaa–4 of this title prior to editorial reclassification and renumbering as this section.

1 See References in Text note below.
25 U.S.C. § 592 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XVI: CHIPPEWA TRIBE OF MINNESOTA / Section 592: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act June 8, 1940, ch. 285, §2, 54 Stat. 254, which related to withdrawal of Minnesota Chippewa tribal funds to reimburse the United States for land and timber, was omitted from the Code as being of special and not general application.
25 U.S.C. § 713g (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 713g: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–165, §9, Nov. 22, 1983, 97 Stat. 1070, which authorized the Secretary of the Interior to promulgate regulations necessary 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. § 1647d (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter III: HEALTH FACILITIES / Section 1647d: Navajo Nation medicaid agency feasibility study
Navajo Nation medicaid agency feasibility study
Status: in_force

(a) Study

The Secretary shall conduct a study to determine the feasibility of treating the Navajo Nation as a State for the purposes of title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], to provide services to Indians living within the boundaries of the Navajo Nation through an entity established having the same authority and performing the same functions as single-State medicaid agencies responsible for the administration of the State plan under title XIX of the Social Security Act.

(b) Considerations

In conducting the study, the Secretary shall consider the feasibility of—

(1) assigning and paying all expenditures for the provision of services and related administration funds, under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], to Indians living within the boundaries of the Navajo Nation that are currently paid to or would otherwise be paid to the State of Arizona, New Mexico, or Utah;

(2) providing assistance to the Navajo Nation in the development and implementation of such entity for the administration, eligibility, payment, and delivery of medical assistance under title XIX of the Social Security Act;

(3) providing an appropriate level of matching funds for Federal medical assistance with respect to amounts such entity expends for medical assistance for services and related administrative costs; and

(4) authorizing the Secretary, at the option of the Navajo Nation, to treat the Navajo Nation as a State for the purposes of title XIX 1 of the Social Security Act (relating to the State children's health insurance program) under terms equivalent to those described in paragraphs (2) through (4).2

(c) Report

Not later then 3 years after March 23, 2010, the Secretary shall submit to the Committee on Indian Affairs and Committee on Finance of the Senate and the Committee on Natural Resources and Committee on Energy and Commerce of the House of Representatives a report that includes—

(1) the results of the study under this section;

(2) a summary of any consultation that occurred between the Secretary and the Navajo Nation, other Indian Tribes, the States of Arizona, New Mexico, and Utah, counties which include Navajo Lands, and other interested parties, in conducting this study;

(3) projected costs or savings associated with establishment of such entity, and any estimated impact on services provided as described in this section in relation to probable costs or savings; and

(4) legislative actions that would be required to authorize the establishment of such entity if such entity is determined by the Secretary to be feasible.

(Pub. L. 94–437, title IV, §411, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsecs. (a) and (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Title XIX of the Social Security Act (relating to the State children's health insurance program), referred to in subsec. (b)(4), probably means title XXI of the Act, which is classified generally to subchapter XXI (§1397aa et seq.) of chapter 7 of Title 42 and relates to the State Children's Health Insurance Program. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Codification

Section 411 of Pub. L. 94–437 is based on section 159 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.

2 So in original. Probably should be paragraphs "(1) through (3).".
25 U.S.C. § 345 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 345: Actions for allotments
Actions for allotments
Status: in_force

All persons who are in whole or in part of Indian blood or descent who are entitled to an allotment of land under any law of Congress, or who claim to be so entitled to land under any allotment Act or under any grant made by Congress, or who claim to have been unlawfully denied or excluded from any allotment or any parcel of land to which they claim to be lawfully entitled by virtue of any Act of Congress, may commence and prosecute or defend any action, suit, or proceeding in relation to their right thereto in the proper district court of the United States; and said district courts are given jurisdiction to try and determine any action, suit, or proceeding arising within their respective jurisdictions involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty (and in said suit the parties thereto shall be the claimant as plaintiff and the United States as party defendant); and the judgment or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him, but this provision shall not apply to any lands now held by either of the Five Civilized Tribes, nor to any of the lands within the Quapaw Indian Agency: Provided, That the right of appeal shall be allowed to either party as in other cases.

(Aug. 15, 1894, ch. 290, §1, 28 Stat. 305; Feb. 6, 1901, ch. 217, §1, 31 Stat. 760; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167.)

Editorial Notes

Codification

Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts.

Statutory Notes and Related Subsidiaries

Repeal of Section as to Osage Indians

Act June 28, 1906, ch. 3572, §1, 34 Stat. 540, provided in part that: "the provisions of the Act of Congress of August fifteenth, eighteen hundred and ninety-four, Twenty-eighth Statutes at Large, page three hundred and five [this section], granting persons of Indian blood who have been denied allotments the right to appeal to the courts, are hereby repealed as far as the same relate to the Osage Indians; and the tribal lands and tribal funds of said tribe shall be equally divided among the members of said tribe as hereinafter provided."
25 U.S.C. § 1a (2024) — Title 25: INDIANS / Chapter 1: BUREAU OF INDIAN AFFAIRS / Section 1a: Delegation of powers and duties by Secretary of the Interior and Commissioner of Indian Affairs
Delegation of powers and duties by Secretary of the Interior and Commissioner of Indian Affairs
Status: in_force

For the purpose of facilitating and simplifying the administration of the laws governing Indian affairs, the Secretary of the Interior is authorized to delegate, from time to time, and to the extent and under such regulations as he deems proper, his powers and duties under said laws to the Commissioner of Indian Affairs, insofar as such powers and duties relate to action in individual cases arising under general regulations promulgated by the Secretary of the Interior pursuant to law. Subject to the supervision and direction of the Secretary, the Commissioner is authorized to delegate, in like manner, any powers and duties so delegated to him by the Secretary, or vested in him by law, to the assistant commissioners, or the officer in charge of any branch, division, office, or agency of the Bureau of Indian Affairs, insofar as such powers and duties relate to action in individual cases arising under general regulations promulgated by the Secretary of the Interior or the Commissioner of Indian Affairs pursuant to law. Such delegated powers shall be exercised subject to appeal to the Secretary, under regulations to be prescribed by him, or, as from time to time determined by him, to the Deputy Secretary or to an Assistant Secretary of the Department of the Interior, or to the Commissioner of Indian Affairs. The Secretary or the Commissioner, as the case may be, may at any time revoke the whole or any part of a delegation made pursuant to this section, but no such revocation shall be given retroactive effect. Nothing in this section shall be deemed to abrogate or curtail any authority to make delegations conferred by any other provision of law, nor shall anything in this section be deemed to convey authority to delegate any power to issue regulations.

(Aug. 8, 1946, ch. 907, 60 Stat. 939; Pub. L. 101–509, title V, §529 [title I, §112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454.)

Editorial Notes

Amendments

1990—Pub. L. 101–509 substituted "Deputy Secretary" for "Under Secretary" before "or to an Assistant Secretary".

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–509 effective on first day of first pay period beginning on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of the Interior, see section 529 [title I, §112(e)(1), (2)(B)] of Pub. L. 101–509, set out as a note under section 3404 of Title 20, Education.

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. § 3206 (2024) — Title 25: INDIANS / Chapter 34: INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION / Section 3206: Waiver of parental consent
Waiver of parental consent
Status: in_force

(a) Examinations and interviews

Photographs, x-rays, medical examinations, psychological examinations, and interviews of an Indian child alleged to have been subject to abuse in Indian country shall be allowed without parental consent if local child protective services or local law enforcement officials have reason to believe the child has been subject to abuse.

(b) Interviews by law enforcement and child protective services officials

In any case in which officials of the local law enforcement agency or local child protective services agency have reason to believe that an Indian child has been subject to abuse in Indian country, the officials of those agencies shall be allowed to interview the child without first obtaining the consent of the parent, guardian, or legal custodian.

(c) Protection of child

Examinations and interviews of a child who may have been the subject of abuse shall be conducted under such circumstances and with such safeguards as are designed to minimize additional trauma to the child and, where time permits, shall be conducted with the advise,1 or under the guidance, of a local multidisciplinary team established pursuant to section 3210 of this title or, in the absence of a local team, a multidisciplinary team established pursuant to section 3209 of this title.

(d) Court orders

Upon a finding of reasonable suspicion that an Indian child has been the subject of abuse in Indian country, a Federal magistrate judge or United States District Court may issue an order enforcing any provision of this section.

(Pub. L. 101–630, title IV, §407, Nov. 28, 1990, 104 Stat. 4550; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Statutory Notes and Related Subsidiaries

Change of Name

"Federal magistrate judge" substituted for "Federal magistrate" in subsec. (d) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

1 So in original. Probably should be "advice".
25 U.S.C. § 352c (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 352c: Reimbursement of allottees or heirs for taxes paid on lands patented in fee before end of trust
Reimbursement of allottees or heirs for taxes paid on lands patented in fee before end of trust
Status: in_force

The Secretary of the Interior is hereby authorized, under such rules and regulations as he may prescribe, to reimburse Indian allottees, or Indian heirs or Indian devisees of allottees, for all taxes paid, including penalties and interest, on so much of their allotted lands as have been patented in fee prior to the expiration of the period of trust without application by or consent of the patentee: Provided, That if the Indian allottee, or his or her Indian heirs or Indian devisees, have by their own act accepted such patent, no reimbursement shall be made for taxes paid, including penalties and interest, subsequent to acceptance of the patent: Provided further, That the fact of such acceptance shall be determined by the Secretary of the Interior.

In any case in which a claim against a State, county, or political subdivision thereof, for taxes collected upon such lands during the trust period has been reduced to judgment and such judgment remains unsatisfied in whole or in part, the Secretary of the Interior is authorized, upon reimbursement by him to the Indian of the amount of taxes including penalties and interest paid thereon, and upon payment by the judgment debtor of the costs of the suit, to cause such judgment to be released: Provided further, That in any case, upon submission of adequate proof, the claims for taxes paid by or on behalf of the patentee or his Indian heirs or Indian devisees have been satisfied, in whole or in part, by the State, county, or political subdivision thereof, the Secretary of the Interior is authorized to reimburse the State, county, or political subdivision for such amounts as may have been paid by them.

(June 11, 1940, ch. 315, §1, 54 Stat. 298; Feb. 10, 1942, ch. 56, §1, 56 Stat. 87.)

Editorial Notes

Amendments

1942—Act Feb. 10, 1942, inserted two provisos to first par., substituted in first par. "Indian allottees, or Indian heirs or Indian devisees of allottees" and "have been patented" for "Indian allottees and Indian heirs of allottees" and "having been patented", struck out from first par. ", has been or may be restored to trust status through cancellation of the fee patent by the Secretary of the Interior" after "consent of the patentee", designated as second par, the two provisos of original par., inserted in second par. "in whole or in part" after "remains unsatisfied" and substituted in second par. "during the trust period" and "by the judgment debtor" for "while the patent in fee was outstanding" and "by the State, county, or political subdivision thereof" and in proviso ", upon submission of adequate proof, the claims for taxes paid by or on behalf of the patentee or his Indian heirs or Indian devisees have been satisfied, in whole or in part, by the State, county, or political subdivision thereof, the Secretary of the Interior is authorized to reimburse the State, county, or political subdivision for such amounts as may have been paid by them" for "in which a claim has been reduced to judgment and such judgment has been satisfied, the Secretary of the Interior is authorized, upon proof of satisfaction thereof, to reimburse the State, county, or political subdivision thereof, for the actual amount of the judgment, exclusive of the costs of litigation".

Statutory Notes and Related Subsidiaries

Appropriations

Act Feb. 10, 1942, ch. 56, §2, 56 Stat. 88, authorized appropriations to remain available until expended.
25 U.S.C. § 1780j (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XIV: PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT / Section 1780j: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 109–286, §12, Sept. 27, 2006, 120 Stat. 1225, which related to the conveyance of the Northern Tier Land, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1616k (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter I: INDIAN HEALTH PROFESSIONAL PERSONNEL / Section 1616k: Nursing residency program
Nursing residency program
Status: in_force

(a) Establishment

The Secretary, acting through the Service, shall establish a program to enable licensed practical nurses, licensed vocational nurses, and registered nurses who are working in an Indian health program (as defined in section 1616a(a)(2)(A) of this title), and have done so for a period of not less than one year, to pursue advanced training.

(b) Program components

Such program shall include a combination of education and work study in an Indian health program (as defined in section 1616a(a)(2)(A) of this title) leading to an associate or bachelor's degree (in the case of a licensed practical nurse or licensed vocational nurse) or a bachelor's degree (in the case of a registered nurse) or a Master's degree.

(c) Service obligation of program participant

An individual who participates in a program under subsection (a), where the educational costs are paid by the Service, shall incur an obligation to serve in an Indian health program for a period of obligated service equal to at least three times the period of time during which the individual participates in such program. In the event that the individual fails to complete such obligated service, the United States shall be entitled to recover from such individual an amount determined in accordance with the formula specified in subsection (l) of section 1616a of this title in the manner provided for in such subsection.

(Pub. L. 94–437, title I, §118, as added Pub. L. 102–573, title I, §104(e), Oct. 29, 1992, 106 Stat. 4534; amended Pub. L. 103–435, §16(b), Nov. 2, 1994, 108 Stat. 4573.)

Editorial Notes

Amendments

1994—Subsec. (b). Pub. L. 103–435 inserted before period at end "or a Master's degree".
25 U.S.C. § 1682 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter VI: MISCELLANEOUS / Section 1682: Subrogation of claims by Indian Health Service
Subrogation of claims by Indian Health Service
Status: in_force

On and after October 18, 1986, the Indian Health Service may seek subrogation of claims including but not limited to auto accident claims, including no-fault claims, personal injury, disease, or disability claims, and worker's compensation claims, the proceeds of which shall be credited to the funds established by sections 401 and 402 1 of the Indian Health Care Improvement Act.

(Pub. L. 99–500, §101(h) [title II], Oct. 18, 1986, 100 Stat. 1783–242, 1783–277, and Pub. L. 99–591, §101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–277.)

Editorial Notes

References in Text

Sections 401 and 402 of the Indian Health Care Improvement Act, referred to in text, probably means former sections 401 and 402 of Pub. L. 94–437, title IV, Sept. 30, 1976, 90 Stat. 1408, 1409, which enacted sections 1395qq and 1396j of Title 42, The Public Health and Welfare, amended sections 1395f, 1395n, and 1396d of Title 42, and enacted provisions set out as notes under sections 1395qq and 1396j of Title 42. Sections 401 and 402 of the Act were amended generally by section 401(a), (b)(1) of Pub. L. 102–573, title IV, Oct. 29, 1992, 106 Stat. 4565, and by section 10221(a) of Pub. L. 111–148, title X, Mar. 23, 2010, 124 Stat. 935, and are classified to sections 1641 and 1642 of this title, respectively.

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1987, as enacted by Pub. L. 99–500 and Pub. L. 99–591, and not as part of the Indian Health Care Improvement Act which comprises this chapter.

Prior Provisions

A prior section 1682, Pub. L. 98–473, title I, §101(c) [title II], Oct. 12, 1984, 98 Stat. 1837, 1865, which related to subrogation of claims by Indian Health Service, was omitted as superseded by section 101(h) [title II] of Pub. L. 99–500 and Pub. L. 99–591.

1 See References in Text note below.
25 U.S.C. § 1623 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter II: HEALTH SERVICES / Section 1623: Special rules relating to Indians
Special rules relating to Indians
Status: in_force

(a) No Cost-sharing for Indians with income at or below 300 percent of poverty enrolled in coverage through a State Exchange

For provisions prohibiting cost sharing for Indians enrolled in any qualified health plan in the individual market through an Exchange, see section 18071(d) of title 42.

(b) Payer of last resort

Health programs operated by the Indian Health Service, Indian tribes, tribal organizations, and Urban Indian organizations (as those terms are defined in section 1603 of this title) shall be the payer of last resort for services provided by such Service, tribes, or organizations to individuals eligible for services through such programs, notwithstanding any Federal, State, or local law to the contrary.

(Pub. L. 111–148, title II, §2901(a), (b), Mar. 23, 2010, 124 Stat. 333.)

Editorial Notes

Codification

Section is comprised of subsecs. (a) and (b) of section 2901 of Pub. L. 111–148. Subsections (c) and (d) of section 2901 amended sections 1396a and 1320b–9, respectively, of Title 42, The Public Health and Welfare.

Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Indian Health Care Improvement Act which comprises this chapter.
25 U.S.C. § 4229 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4229: Eligible affordable housing activities
Eligible affordable housing activities
Status: in_force

(a) In general

Affordable housing activities under this section are activities conducted in accordance with the requirements of section 4230 of this title to—

(1) develop or to support affordable housing for rental or homeownership; or

(2) provide housing services with respect to affordable housing, through the activities described in subsection (b).

(b) Activities

The activities described in this subsection are the following:

(1) Development

The acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing, which may include—

(A) real property acquisition;

(B) site improvement;

(C) the development of utilities and utility services;

(D) conversion;

(E) demolition;

(F) financing;

(G) administration and planning; and

(H) other related activities.

(2) Housing services

The provision of housing-related services for affordable housing, including—

(A) housing counseling in connection with rental or homeownership assistance;

(B) the establishment and support of resident organizations and resident management corporations;

(C) energy auditing;

(D) activities related to the provisions of self-sufficiency and other services; and

(E) other services related to assisting owners, tenants, contractors, and other entities participating or seeking to participate in other housing activities assisted pursuant to this section.

(3) Housing management services

The provision of management services for affordable housing, including—

(A) the preparation of work specifications;

(B) loan processing;

(C) inspections;

(D) tenant selection;

(E) management of tenant-based rental assistance; and

(F) management of affordable housing projects.

(4) Crime prevention and safety activities

The provision of safety, security, and law enforcement measures and activities appropriate to protect residents of affordable housing from crime.

(5) Model activities

Housing activities under model programs that are—

(A) designed to carry out the purposes of this subchapter; and

(B) specifically approved by the Secretary as appropriate for the purpose referred to in subparagraph (A).

(Pub. L. 104–330, title VIII, §810, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2886, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2980.)

Editorial Notes

Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted identical sections 810 of Pub. L. 104–330. This section is based on the text of section 810 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.
25 U.S.C. § 763 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 763: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 96–227, §4, Apr. 3, 1980, 94 Stat. 318; Pub. L. 109–126, §4, Dec. 7, 2005, 119 Stat. 2547, which related to membership roll, was omitted from the Code as being of special and not general application.