25 U.S.C. § 5121 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5121: Claims or suits of Indian tribes against United States; rights unimpaired
Claims or suits of Indian tribes against United States; rights unimpaired
Status: in_force

Nothing in this Act shall be construed to impair or prejudice any claim or suit of any Indian tribe against the United States. It is declared to be the intent of Congress that no expenditures for the benefit of Indians made out of appropriations authorized by said sections shall be considered as offsets in any suit brought to recover upon any claim of such Indians against the United States.

(June 18, 1934, ch. 576, §15, 48 Stat. 987.)

Editorial Notes

References in Text

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

Codification

Section was formerly classified to section 475 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 1499 (2024) — Title 25: INDIANS / Chapter 17: FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS / Subchapter II: LOAN GUARANTY AND INSURANCE / Section 1499: Limitation on guarantee of debt issues; approval of bond issue sale
Limitation on guarantee of debt issues; approval of bond issue sale
Status: in_force

(a) The Secretary may guarantee not to exceed 90 percent of the unpaid principal and interest due on an issue of bonds, debentures, or similar obligations issued by an organization satisfactory to the Secretary. Such an issue shall be deemed a loan for purposes of sections 1482, 1483, 1484, 1485, 1486, 1489, 1490, 1491, 1493, 1494, 1495, 1496, and 1497 of this title.

(b) The method by which an issue of bonds guaranteed under this section may be sold shall be subject to approval by the Secretary.

(Pub. L. 93–262, title II, §220, as added Pub. L. 100–442, §6, Sept. 22, 1988, 102 Stat. 1764.)
25 U.S.C. § 788 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIV: CREEK NATION OF INDIANS / Section 788: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–76, §3, Aug. 29, 1967, 81 Stat. 177, which provided for estates of members dying intestate without heirs to escheat to the tribe and be held thereafter in trust for the tribe by the United States, was omitted from the Code as being of special and not general application.
25 U.S.C. § 94 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter I: PURCHASE OF SUPPLIES / Section 94: Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028
Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028
Status: repealed

Section, act Apr. 30, 1908, ch. 153, 35 Stat. 71, related to purchase of supplies, advertisement therefor, and supplies for irrigation works.
25 U.S.C. § 458hh (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter II: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 458hh: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 458hh was editorially reclassified as section 5368 of this title.
25 U.S.C. § 3405 (2024) — Title 25: INDIANS / Chapter 36: INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES / Section 3405: Plan requirements
Plan requirements
Status: in_force

A plan submitted to the Secretary for approval under this chapter shall—

(1) identify the programs to be integrated and consolidated;

(2) be consistent with the purposes of this chapter;

(3) describe—

(A) a comprehensive strategy identifying the full range of potential employment opportunities on and near the service area of the Indian tribe;

(B) the education, training, and related services to be provided to assist Indians to access those employment opportunities;

(C) the way in which services and program funds are to be integrated, consolidated, and delivered; and

(D) the results expected, including the expected number of program participants in unsubsidized employment during the second quarter after exit from the program, from the plan;

(4) identify the projected expenditures under the plan in a single budget covering all consolidated funds;

(5) identify any agency of the Indian tribe to be involved in the delivery of the services integrated under the plan;

(6) identify any statutory provisions, regulations, policies, or procedures that the Indian tribe believes need to be waived to implement the plan; and

(7) be approved by the governing body of the Indian tribe.

(Pub. L. 102–477, §6, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 115–93, §7, Dec. 18, 2017, 131 Stat. 2028.)

Editorial Notes

Amendments

2017—Pub. L. 115–93 amended section generally. Prior to amendment, section related to plan requirements, consisting of eight pars.
25 U.S.C. § 116 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 116: Indians 18 years of age to have right to receipt for annuity
Indians 18 years of age to have right to receipt for annuity
Status: in_force

All Indians, when they shall arrive at the age of eighteen years, shall have the right to receive and receipt for all annuity money that may be due or become due to them, if not otherwise incapacitated under the regulations of the Indian Office.

(Mar. 1, 1899, ch. 324, §8, 30 Stat. 947.)

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. § 723 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXI: ALABAMA AND COUSHATTA INDIANS OF TEXAS: TERMINATION OF FEDERAL SUPERVISION / Section 723: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 23, 1954, ch. 831, §3, 68 Stat. 769, which provided for termination of Federal powers over tribe effective on the date of the proclamation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1757 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter IV: CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT / Section 1757: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–134, §8, Oct. 18, 1983, 97 Stat. 855, which provided for a restriction against alienation of lands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1031 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIX: SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT FUND / Section 1031: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 88–457, §1, Aug. 20, 1964, 78 Stat. 555, which set out the proportions by which funds appropriated for a certain judgment were to be divided among the Absentee Band, the Cherokee Band, and the Eastern Band of Shawnee Indians, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4305 (2024) — Title 25: INDIANS / Chapter 44: NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND TOURISM / Section 4305: Intertribal tourism demonstration projects
Intertribal tourism demonstration projects
Status: in_force

(a) Program to conduct tourism projects

(1) In general

The Secretary, acting through the Director, shall conduct a Native American tourism program to facilitate the development and conduct of tourism demonstration projects by Indian Tribes, on a Tribal, intertribal, or regional basis.

(2) Demonstration projects

(A) In general

Under the program established under this section, in order to assist in the development and promotion of tourism on and in the vicinity of Indian lands, the Secretary, acting through the Director, shall, in coordination with the Under Secretary of Agriculture for Rural Development, assist eligible entities in the planning, development, and implementation of tourism development demonstration projects that meet the criteria described in subparagraph (B).

(B) Projects described

In selecting tourism development demonstration projects under this section, the Secretary, acting through the Director, shall select projects that have the potential to increase travel and tourism revenues by attracting visitors to Indian lands and lands in the vicinity of Indian lands, including projects that provide for—

(i) the development and distribution of educational and promotional materials pertaining to attractions located on and near Indian lands;

(ii) the development of educational resources to assist in private and public tourism development on and in the vicinity of Indian lands; and

(iii) the coordination of tourism-related joint ventures and cooperative efforts between eligible entities and appropriate State and local governments that have jurisdiction over areas in the vicinity of Indian lands.

(3) Grants

To carry out the program under this section, the Secretary, acting through the Director, may award grants or enter into other appropriate arrangements with Indian Tribes, Tribal organizations, intertribal consortia, or other Tribal entities that the Secretary, in consultation with the Director, determines to be appropriate.

(4) Locations

In providing for tourism development demonstration projects under the program under this section, the Secretary, acting through the Director, shall provide for a demonstration project to be conducted—

(A) for Indians of the Four Corners area located in the area adjacent to the border between Arizona, Utah, Colorado, and New Mexico;

(B) for Indians of the northwestern area that is commonly known as the Great Northwest (as determined by the Secretary);

(C) for the Oklahoma Indians in Oklahoma;

(D) for the Indians of the Great Plains area (as determined by the Secretary); and

(E) for Alaska Natives in Alaska.

(b) Assistance

The Secretary, acting through the Director, shall provide financial assistance, technical assistance, and administrative services to participants that the Secretary, acting through the Director, selects to carry out a tourism development project under this section, with respect to—

(1) feasibility studies conducted as part of that project;

(2) market analyses;

(3) participation in tourism and trade missions; and

(4) any other activity that the Secretary, in consultation with the Director, determines to be appropriate to carry out this section.

(c) Infrastructure development

The demonstration projects conducted under this section shall include provisions to facilitate the development and financing of infrastructure, including the development of Indian reservation roads in a manner consistent with title 23.

(Pub. L. 106–464, §6, Nov. 7, 2000, 114 Stat. 2016; Pub. L. 116–261, §3(e)(2), (3), Dec. 30, 2020, 134 Stat. 3311.)

Editorial Notes

Amendments

2020—Subsec. (a)(1). Pub. L. 116–261 substituted "Tribes" for "tribes" and "Tribal" for "tribal".

Subsec. (a)(3). Pub. L. 116–261 substituted "Tribes" for "tribes" and "Tribal" for "tribal" in two places.
25 U.S.C. § 1780e (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XIV: PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT / Section 1780e: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 109–286, §7, Sept. 27, 2006, 120 Stat. 1221, which authorized sale of lands by the Secretary of Agriculture, was omitted from the Code as being of special and not general application.
25 U.S.C. § 941c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIII: CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF ASSETS / Section 941c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–116, §5, Oct. 27, 1993, 107 Stat. 1122, which authorized appropriation and provided for disbursement of funds in accordance with the settlement agreement, was omitted from the Code as being of special and not general application.
25 U.S.C. § 27 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 27: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, R.S. 2062; acts July 13, 1892, ch. 164, §1, 27 Stat. 120; July 1, 1898, ch. 545, §1, 30 Stat. 573, authorized the President to require that military officers perform the duties of Indian agents. The services of Indian agents have been dispensed with since 1908. See section 64 of this title and notes thereunder.
25 U.S.C. § 463b (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 463b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act July 28, 1937, ch. 527, §2, 50 Stat. 536, which related to purchase of private lands for the use and benefit of the Papago Indians, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3114 (2024) — Title 25: INDIANS / Chapter 33: NATIONAL INDIAN FOREST RESOURCES MANAGEMENT / Section 3114: Postgraduation recruitment, education and training programs
Postgraduation recruitment, education and training programs
Status: in_force

(a) Postgraduation recruitment

The Secretary shall establish and maintain a program to attract Indian and Alaska Native professional foresters and forester technicians who have already graduated from their course of postsecondary or graduate education for employment in either the Bureau of Indian Affairs forestry programs or, subject to the approval of the tribe, in tribal forestry programs. According to such regulations as the Secretary may prescribe, such program shall provide for the employment of Indian and Alaska Native professional foresters or forestry technicians in exchange for the Secretary's assumption of the employee's outstanding student loans. The period of employment shall be determined by the amount of the loan that is assumed.

(b) Postgraduate intergovernmental internships

For the purposes of training, skill development and orientation of Indian, Alaska native,1 and Federal forestry personnel, and the enhancement of tribal and Bureau of Indian Affairs forestry programs, the Secretary shall establish and actively conduct a program for the cooperative internship of Federal, Indian, and Alaska Native forestry personnel. Such program shall—

(1) for agencies within the Department of the Interior—

(A) provide for the internship of Bureau of Indian Affairs, Alaska Native, and Indian forestry employees in the forestry-related programs of other agencies of the Department of the Interior, and

(B) provide for the internship of forestry personnel from other Department of the Interior agencies within the Bureau of Indian Affairs and, with the consent of the tribe, within tribal forestry programs;

(2) for agencies not within the Department of the Interior, provide, pursuant to an interagency agreement, internships within the Bureau of Indian Affairs and, with the consent of the tribe, within a tribal forestry program of other forestry personnel of such agencies who are above their sixth year of Federal service;

(3) provide for the continuation of salary and benefits for participating Federal employees by their originating agency;

(4) provide for salaries and benefits of participating Indian and Alaska Native forestry employees by the host agency; and

(5) provide for a bonus pay incentive at the conclusion of the internship for any participant.

(c) Continuing education and training

The Secretary shall maintain a program within the Division of Forestry of the Bureau of Indian Affairs for the ongoing education and training of Bureau of Indian Affairs, Alaska Native, and Indian forestry personnel. Such program shall provide for—

(1) orientation training for Bureau of Indian Affairs forestry personnel in tribal-Federal relations and responsibilities;

(2) continuing technical forestry education for Bureau of Indian Affairs, Alaska Native, and tribal forestry personnel; and

(3) developmental training of Indian and Alaska Native personnel in forest land based enterprises and marketing.

(Pub. L. 101–630, title III, §315, Nov. 28, 1990, 104 Stat. 4542.)

1 So in original. Probably should be capitalized.
25 U.S.C. § 1272 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXIX: JICARILLA APACHE TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 1272: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–295, §2, May 16, 1972, 86 Stat. 139, which related to payment of shares to minors and persons under legal disability, was omitted from the Code as being of special and not general application.
25 U.S.C. § 487 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 487: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–335, §1(a)–(e), June 10, 1968, 82 Stat. 174; Pub. L. 93–286, May 21, 1974, 88 Stat. 142, which related to the Spokane Indian Reservation and consolidations of land, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1775h (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter IX: MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT / Section 1775h: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–377, §10, Oct. 19, 1994, 108 Stat. 3507, which provided for judicial review of provisions of this subchapter or any agreement entered into under the authority of this subchapter or approved by this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1780d (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XIV: PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT / Section 1780d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 109–286, §6, Sept. 27, 2006, 120 Stat. 1221, which related to establishment and management of the Pueblo de San Ildefonso Land Claims Settlement Fund, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2013 (2024) — Title 25: INDIANS / Chapter 22: BUREAU OF INDIAN AFFAIRS PROGRAMS / Section 2013: Computerized management information system
Computerized management information system
Status: in_force

(a) In general

Not later than 12 months after January 8, 2002, the Secretary shall update the computerized management information system within the Office. The information to be updated shall include information regarding—

(1) student enrollment;

(2) curricula;

(3) staffing;

(4) facilities;

(5) community demographics;

(6) student assessment information;

(7) information on the administrative and program costs attributable to each Bureau program, divided into discrete elements;

(8) relevant reports;

(9) personnel records;

(10) finance and payroll; and

(11) such other items as the Secretary determines to be appropriate.

(b) Implementation of system

Not later than July 1, 2003, the Secretary shall complete the implementation of the updated computerized management information system at each Bureau field office and Bureau-funded school.

(Pub. L. 95–561, title XI, §1133, as added Pub. L. 107–110, title X, §1042, Jan. 8, 2002, 115 Stat. 2055.)

Editorial Notes

Prior Provisions

A prior section 2013, Pub. L. 95–561, title XI, §1133, as added Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 4010, related to management information system, prior to the general amendment of this chapter by Pub. L. 107–110.

Another prior section 2013, Pub. L. 95–561, title XI, §1133, Nov. 1, 1978, 92 Stat. 2327, related to Bureau education policies, practices, and procedures, prior to the general amendment of this chapter by Pub. L. 103–382.

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. § 500m (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter VII: REINDEER INDUSTRY / Section 500m: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1937, ch. 897, §14, 50 Stat. 902, which related to use of public lands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1041e (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIX: SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT FUND / Section 1041e: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 106–568, title VII, §707, Dec. 27, 2000, 114 Stat. 2915; Pub. L. 109–59, title X, §10213, Aug. 10, 2005, 119 Stat. 1939, which related to eligibility of tribe to have land acquired in trust for its benefit, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5343 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter II: CONTRACTS WITH STATES / Section 5343: Use of Government property by States and Territories
Use of Government property by States and Territories
Status: in_force

The Secretary of the Interior, in making any contract authorized by sections 5342 to 5348 of this title, may permit such contracting party to utilize, for the purposes of said sections, existing school buildings, hospitals, and other facilities, and all equipment therein or appertaining thereto, including livestock and other personal property owned by the Government, under such terms and conditions as may be agreed upon for their use and maintenance.

(Apr. 16, 1934, ch. 147, §2, 48 Stat. 596; June 4, 1936, ch. 490, §2, 49 Stat. 1459.)

Editorial Notes

Codification

Section was formerly classified to section 453 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1936—Act June 4, 1936, substituted ", may permit such contracting party" for "with any State or Territory, may permit such State or Territory".
25 U.S.C. § 1772d (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter VI: FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT / Section 1772d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 100–228, §6, Dec. 31, 1987, 101 Stat. 1559, which related to acceptance of land by the Secretary of the Interior in trust as a reservation for use and benefit of the Seminole Tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1779d (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XIII: CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT / Section 1779d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 107–331, title VI, §606, Dec. 13, 2002, 116 Stat. 2851, which related to establishment and management of a separate tribal trust fund for each of the Indian Nations, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1221 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXIV: CONFEDERATED TRIBES OF WEAS, PIANKASHAWS, PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND / Section 1221: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–364, §1, July 31, 1970, 84 Stat. 688, which related to membership roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1660 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter IV: HEALTH SERVICES FOR URBAN INDIANS / Section 1660: Urban Health Programs Branch
Urban Health Programs Branch
Status: in_force

(a) Establishment

There is hereby established within the Service a Branch of Urban Health Programs which shall be responsible for carrying out the provisions of this subchapter and for providing central oversight of the programs and services authorized under this subchapter.

(b) Staff, services, and equipment

The Secretary shall appoint such employees to work in the branch, including a program director, and shall provide such services and equipment, as may be necessary for it to carry out its responsibilities. The Secretary shall also analyze the need to provide at least one urban health program analyst for each area office of the Indian Health Service and shall submit his findings to the Congress as a part of the Department's fiscal year 1993 budget request.

(Pub. L. 94–437, title V, §510, formerly §511, as added Pub. L. 101–630, title V, §508, Nov. 28, 1990, 104 Stat. 4567; renumbered §510 and amended Pub. L. 102–573, title V, §501(b)(7), title IX, §902(5)(B), Oct. 29, 1992, 106 Stat. 4569, 4591.)

Editorial Notes

Amendments

1992—Pub. L. 102–573, §902(5)(B), made technical amendment to section catchline.

Subsec. (a). Pub. L. 102–573, §501(b)(7), inserted "and for providing central oversight of the programs and services authorized under this subchapter" before period at end.
25 U.S.C. § 2304 (2024) — Title 25: INDIANS / Chapter 25: OLD AGE ASSISTANCE CLAIMS SETTLEMENT / Section 2304: Identification of right to payment and expedited claim payment
Identification of right to payment and expedited claim payment
Status: in_force

(a) Search of records

The Secretary shall conduct a search of the records of the Department of the Interior to identify individuals who are entitled to any portion of the unauthorized disbursements which were made and to ascertain the amount of such unauthorized disbursements to which each of such individuals is entitled.

(b) Payment without filing of claim

In any case in which the Secretary ascertains the name and location of any individual who is entitled to any portion of an unauthorized disbursement and determines the amount of such unauthorized disbursement to which such individual is entitled, the Secretary shall pay such amount, including interest thereon as provided in section 2302 of this title, to such individual immediately without requiring such individual to file a formal claim for payment.

(c) Notification

The Secretary shall use the best available means of notifying each individual who is identified in the search conducted under subsection (a) of the right of such individual to receive payment under this chapter. The means of notification available to the Secretary shall include—

(1) notice provided directly to such individual;

(2) notification of the next of kin of such individual;

(3) notification of the chairman or chief executive officer of the tribe of which such individual is a member or of which the deceased Indian was a member; and

(4) publication of notice in newspapers of general circulation in the appropriate area.

(Pub. L. 98–500, §5, Oct. 19, 1984, 98 Stat. 2318.)
25 U.S.C. § 5423 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter VII: NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION / Section 5423: Definitions
Definitions
Status: in_force

For the purposes of this subchapter—

(1) the term "Bureau funded school" has the meaning given that term in title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.];

(2) the term "Foundation" means the Foundation established by the Secretary pursuant to section 5421 of this title; and

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

(Pub. L. 93–638, title VIII, §803, formerly title V, §503, as added Pub. L. 106–568, title XIII, §1302, Dec. 27, 2000, 114 Stat. 2938; renumbered title VIII, §803, and amended Pub. L. 111–211, title II, §231(d), July 29, 2010, 124 Stat. 2278.)

Editorial Notes

References in Text

The Education Amendments of 1978, referred to in par. (1), is Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143. Title XI of the Act is classified principally to chapter 22 (§2000 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20, Education, and Tables.

Codification

Section was formerly classified to section 458ddd–2 of this title prior to editorial reclassification and renumbering as this section.

Amendments

2010—Par. (2). Pub. L. 111–211, §231(d)(3), substituted reference to section 5421 of this title for reference to former section 458bbb of this title.
25 U.S.C. § 4163 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter IV: COMPLIANCE, AUDITS, AND REPORTS / Section 4163: Monitoring of compliance
Monitoring of compliance
Status: in_force

(a) Enforceable agreements

Each recipient, through binding contractual agreements with owners and otherwise, shall ensure long-term compliance with the provisions of this chapter. Such measures shall provide for (1) enforcement of the provisions of this chapter by the grant beneficiary or by recipients and other intended beneficiaries, and (2) remedies for the breach of such provisions.

(b) Periodic monitoring

Not less frequently than annually, each recipient shall review the activities conducted and housing assisted under this chapter to assess compliance with the requirements of this chapter. Such review shall include an appropriate level of onsite inspection of housing to determine compliance with applicable requirements. The results of each review shall be included in the performance report of the recipient submitted to the Secretary under section 4164 of this title and made available to the public.

(c) Performance measures

The Secretary shall establish such performance measures as may be necessary to assess compliance with the requirements of this chapter.

(Pub. L. 104–330, title IV, §403, Oct. 26, 1996, 110 Stat. 4039; Pub. L. 110–411, title IV, §402, Oct. 14, 2008, 122 Stat. 4330.)

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

2008—Subsec. (b). Pub. L. 110–411 inserted "an appropriate level of" after "shall include".

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. § 66 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 66: Duties of agency devolved on superintendent of Indian school
Duties of agency devolved on superintendent of Indian school
Status: in_force

The Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may devolve the duties of Indian agency or part thereof upon the superintendent of the Indian school located at such agency or part thereof whenever in his judgment such superintendent can properly perform the duties of such agency.

The pay of any superintendent who performs agency duties in addition to those of his superintendency may be increased by the Commissioner of Indian Affairs, in his discretion, to an extent not exceeding $300 per annum.

(Mar. 1, 1907, ch. 2285, 34 Stat. 1020; Pub. L. 92–310, title II, §229(d), June 6, 1972, 86 Stat. 208.)

Editorial Notes

Amendments

1972—Pub. L. 92–310 struck out provisions which required the superintendent of the Indian school to give a bond as other Indian agents.

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. § 1084 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LII: QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND / Section 1084: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–655, §4, Oct. 14, 1966, 80 Stat. 905, which related to inclusion of names in the Hoh base roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1658 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter IV: HEALTH SERVICES FOR URBAN INDIANS / Section 1658: Limitation on contract authority
Limitation on contract authority
Status: in_force

The authority of the Secretary to enter into contracts under this subchapter shall be to the extent, and in an amount, provided for in appropriation Acts.

(Pub. L. 94–437, title V, §508, as added Pub. L. 100–713, title V, §501, Nov. 23, 1988, 102 Stat. 4824.)

Editorial Notes

Prior Provisions

A prior section 1658, Pub. L. 94–437, title V, §508, Sept. 30, 1976, 90 Stat. 1412, provided that not to exceed 1 per centum of the amounts authorized by section 1656 of this title be available for not to exceed two pilot projects providing outreach services to eligible Indians residing in rural communities near Indian reservations, prior to the general revision of this subchapter by Pub. L. 96–537, §7, Dec. 17, 1980, 94 Stat. 3176.
25 U.S.C. § 689 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXIX: RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA / Section 689: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 85–794, §3, Aug. 28, 1958, 72 Stat. 958, which provided that payments made under former sections 687 to 689 of this title would not be considered "other income and resources", was omitted from the Code as being of special and not general application.
25 U.S.C. § 3105 (2024) — Title 25: INDIANS / Chapter 33: NATIONAL INDIAN FOREST RESOURCES MANAGEMENT / Section 3105: Forest management deduction
Forest management deduction
Status: in_force

(a) Withholding of deduction

Pursuant to the authority of section 413 of this title, the Secretary shall withhold a reasonable deduction from the gross proceeds of sales of forest products harvested from Indian forest land under a timber sale contract, permit, or other harvest sale document, which has been approved by the Secretary, to cover in whole or part the cost of managing and protecting such Indian forest land.

(b) Amount of deduction

Deductions made pursuant to subsection (a) shall not exceed the lesser amount of—

(1) 10 percent of gross proceeds, or

(2) the percentage of gross proceeds collected on November 28, 1990, as forest management deductions by the Secretary on such sales of Indian forest products,

unless the appropriate Indian tribe consents to an increase in the deductions.

(c) Use of deduction

The full amount of any deduction collected by the Secretary shall be expended according to an approved expenditure plan, approved by the Secretary and the appropriate Indian tribe, for the performance of forest land management activities on the reservation from which such deductions are collected and shall be made available to the tribe, upon its request, by contract or agreement for the performance of such activities.

(d) Limitations

(1) Forest management deductions withheld pursuant to this section shall not be available to—

(A) cover the costs that are paid from funds appropriated specifically for fire suppression or pest control, or

(B) otherwise offset Federal appropriations for meeting the Federal trust responsibility for management of Indian forest lands.

(2) No other forest management deductions derived from Indian forest lands shall be collected to be covered into the general funds of the United States Treasury.

(Pub. L. 101–630, title III, §306, Nov. 28, 1990, 104 Stat. 4536.)
25 U.S.C. § 1681 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter VI: MISCELLANEOUS / Section 1681: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 104–134, title I, §101(c) [title II], Apr. 26, 1996, 110 Stat. 1321–156, 1321–190; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, which provided that the Indian Health Service was to neither bill nor charge those Indians who may have economic means to pay unless and until Congress directs Service to implement policy to do so, was from the Department of the Interior and Related Agencies Appropriations Act, 1996, and was not repeated in subsequent appropriations acts. Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2529.

Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1409.

Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1409.

Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1027.

Pub. L. 101–512, title II, Nov. 5, 1990, 104 Stat. 1952.

Pub. L. 101–121, title II, Oct. 23, 1989, 103 Stat. 734.

Pub. L. 100–446, title II, Sept. 27, 1988, 102 Stat. 1816.

Pub. L. 100–202, §101(g) [title II], Dec. 22, 1987, 101 Stat. 1329–213, 1329–245.

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.

Pub. L. 99–190, §101(d) [title II], Dec. 19, 1985, 99 Stat. 1224, 1256.

Pub. L. 98–473, title I, §101(c) [title II], Oct. 12, 1984, 98 Stat. 1837, 1865.
25 U.S.C. § 317 (2024) — Title 25: INDIANS / Chapter 8: RIGHTS-OF-WAY THROUGH INDIAN LANDS / Section 317: Regulations
Regulations
Status: in_force

The Secretary of the Interior shall make all needful rules and regulations, not inconsistent with sections 312 to 318 of this title, for the proper execution and carrying into effect of all the provisions of said sections.

(Mar. 2, 1899, ch. 374, §7, 30 Stat. 992.)
25 U.S.C. § 1733 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter II: MAINE INDIAN CLAIMS SETTLEMENT / Section 1733: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 96–420, §14, Oct. 10, 1980, 94 Stat. 1797, which authorized appropriations, was omitted from the Code as being of special and not general application.
25 U.S.C. § 137 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 137: Repealed. Pub. L. 117-317, §2(6), (7), Dec. 27, 2022, 136 Stat. 4419
Repealed. Pub. L. 117-317, §2(6), (7), Dec. 27, 2022, 136 Stat. 4419
Status: repealed

Section 137, act Mar. 3, 1875, ch. 132, §3, 18 Stat. 449, related to requiring able-bodied male Indians to perform service on the reservation in order to receive appropriated supplies and annuities.

Section 138, R.S. §2101, related to withholding of goods from chiefs violating treaty stipulations.
25 U.S.C. § 1680b (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter VI: MISCELLANEOUS / Section 1680b: National Health Service Corps
National Health Service Corps
Status: in_force

(a) No reduction in services

The Secretary shall not remove a member of the National Health Service Corps from an Indian health program or urban Indian organization or withdraw funding used to support such a member, unless the Secretary, acting through the Service, has ensured that the Indians receiving services from the member will experience no reduction in services.

(b) Treatment of Indian health programs

At the request of an Indian health program, the services of a member of the National Health Service Corps assigned to the Indian health program may be limited to the individuals who are eligible for services from that Indian health program.

(Pub. L. 94–437, title VIII, §812, formerly title VII, §712, as added Pub. L. 100–713, title VII, §706, Nov. 23, 1988, 102 Stat. 4828; renumbered title VIII, §812, Pub. L. 102–573, title VII, §701(a), (b), Oct. 29, 1992, 106 Stat. 4572; amended 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 193 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, revising and restating former provisions as subsec. (a) and adding subsec. (b).
25 U.S.C. § 5 (2024) — Title 25: INDIANS / Chapter 1: BUREAU OF INDIAN AFFAIRS / Section 5: Record of deeds by Indians requiring approval
Record of deeds by Indians requiring approval
Status: in_force

The Commissioner of Indian Affairs is hereby empowered and directed to continue to make and keep a record of every deed executed by any Indian, his heirs, representatives, or assigns, which may require the approval of the President of the United States or of the Secretary of the Interior, whenever such approval shall have been given, and the deed so approved returned to said office.

(July 26, 1892, ch. 256, §2, 27 Stat. 273.)

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. § 659 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXV: INDIANS OF CALIFORNIA / Section 659: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–507, §1, Sept. 21, 1968, 82 Stat. 860, which related to roll of persons of Indian blood who were born on or before and were living on Sept. 21, 1968, was omitted from the Code as being of special and not general application.
25 U.S.C. § 484 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 484: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act July 14, 1954, ch. 472, §1, 68 Stat. 467, which related to conversion of exchange assignments of tribal lands on certain Sioux reservations into trust titles and continued trust and tax exemption thereon, was omitted from the Code as being of special and not general application.
25 U.S.C. § 344 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 344: Cancellation of allotment of unsuitable land
Cancellation of allotment of unsuitable land
Status: in_force

If any Indian of a tribe whose surplus lands have been ceded or opened to disposal has received an allotment embracing lands unsuitable for allotment purposes, such allotment may be canceled and other unappropriated, unoccupied, and unreserved land of equal area, within the ceded portions of the reservation upon which such Indian belongs, allotted to him upon the same terms and with the same restrictions as the original allotment, and lands described in any such canceled allotment shall be disposed of as other ceded lands of such reservation. This provision shall not apply to the lands formerly comprising Indian Territory. The Secretary of the Interior is authorized to prescribe rules and regulations to carry this law into effect.

(Mar. 3, 1909, ch. 263, 35 Stat. 784.)
25 U.S.C. § 3005 (2024) — Title 25: INDIANS / Chapter 32: NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION / Section 3005: Repatriation
Repatriation
Status: in_force

(a) Repatriation of Native American human remains and objects possessed or controlled by Federal agencies and museums

(1) If, pursuant to section 3003 of this title, the cultural affiliation of Native American human remains and associated funerary objects with a particular Indian tribe or Native Hawaiian organization is established, then the Federal agency or museum, upon the request of a known lineal descendant of the Native American or of the tribe or organization and pursuant to subsections (b) and (e) of this section, shall expeditiously return such remains and associated funerary objects.

(2) If, pursuant to section 3004 of this title, the cultural affiliation with a particular Indian tribe or Native Hawaiian organization is shown with respect to unassociated funerary objects, sacred objects or objects of cultural patrimony, then the Federal agency or museum, upon the request of the Indian tribe or Native Hawaiian organization and pursuant to subsections (b), (c) and (e) of this section, shall expeditiously return such objects.

(3) The return of cultural items covered by this chapter shall be in consultation with the requesting lineal descendant or tribe or organization to determine the place and manner of delivery of such items.

(4) Where cultural affiliation of Native American human remains and funerary objects has not been established in an inventory prepared pursuant to section 3003 of this title, or the summary pursuant to section 3004 of this title, or where Native American human remains and funerary objects are not included upon any such inventory, then, upon request and pursuant to subsections (b) and (e) and, in the case of unassociated funerary objects, subsection (c), such Native American human remains and funerary objects shall be expeditiously returned where the requesting Indian tribe or Native Hawaiian organization can show cultural affiliation by a preponderance of the evidence based upon geographical, kinship, biological, archaeological, anthropological, linguistic, folkloric, oral traditional, historical, or other relevant information or expert opinion.

(5) Upon request and pursuant to subsections (b), (c) and (e), sacred objects and objects of cultural patrimony shall be expeditiously returned where—

(A) the requesting party is the direct lineal descendant of an individual who owned the sacred object;

(B) the requesting Indian tribe or Native Hawaiian organization can show that the object was owned or controlled by the tribe or organization; or

(C) the requesting Indian tribe or Native Hawaiian organization can show that the sacred object was owned or controlled by a member thereof, provided that in the case where a sacred object was owned by a member thereof, there are no identifiable lineal descendants of said member or the lineal descendants, upon notice, have failed to make a claim for the object under this chapter.

(b) Scientific study

If the lineal descendant, Indian tribe, or Native Hawaiian organization requests the return of culturally affiliated Native American cultural items, the Federal agency or museum shall expeditiously return such items unless such items are indispensable for completion of a specific scientific study, the outcome of which would be of major benefit to the United States. Such items shall be returned by no later than 90 days after the date on which the scientific study is completed.

(c) Standard of repatriation

If a known lineal descendant or an Indian tribe or Native Hawaiian organization requests the return of Native American unassociated funerary objects, sacred objects or objects of cultural patrimony pursuant to this chapter and presents evidence which, if standing alone before the introduction of evidence to the contrary, would support a finding that the Federal agency or museum did not have the right of possession, then such agency or museum shall return such objects unless it can overcome such inference and prove that it has a right of possession to the objects.

(d) Sharing of information by Federal agencies and museums

Any Federal agency or museum shall share what information it does possess regarding the object in question with the known lineal descendant, Indian tribe, or Native Hawaiian organization to assist in making a claim under this section.

(e) Competing claims

Where there are multiple requests for repatriation of any cultural item and, after complying with the requirements of this chapter, the Federal agency or museum cannot clearly determine which requesting party is the most appropriate claimant, the agency or museum may retain such item until the requesting parties agree upon its disposition or the dispute is otherwise resolved pursuant to the provisions of this chapter or by a court of competent jurisdiction.

(f) Museum obligation

Any museum which repatriates any item in good faith pursuant to this chapter shall not be liable for claims by an aggrieved party or for claims of breach of fiduciary duty, public trust, or violations of state 1 law that are inconsistent with the provisions of this chapter.

(Pub. L. 101–601, §7, Nov. 16, 1990, 104 Stat. 3054.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(3), (5)(C), (c), (e), and (f), was in the original "this Act", meaning Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, known as the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

1 So in original. Probably should be capitalized.
25 U.S.C. § 684 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXIX: RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA / Section 684: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1011, §1, 68 Stat. 878, which authorized a $50 payment to each member of the Red Lake Band of Chippewa Indians of Minnesota alive on Aug. 27, 1954, from proceeds of the sale of timber and lumber within the Red Lake Reservation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3407 (2024) — Title 25: INDIANS / Chapter 36: INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES / Section 3407: Plan approval; Secretarial authority; review of decision
Plan approval; Secretarial authority; review of decision
Status: in_force

(a) In general

The Secretary shall have exclusive authority to approve or disapprove a plan submitted by an Indian tribe in accordance with section 3405 of this title.

(b) Approval process

(1) In general

Not later than 90 days after the date on which the Secretary receives a plan, the Secretary shall, after coordinating with the Secretary of each Federal agency providing funds to be used to implement the plan, approve or deny the plan.

(2) Approval

If the Secretary approves a plan under paragraph (1), the Secretary shall authorize the transfer of program funds identified in the plan in accordance with section 3412 of this title.

(3) Denial

If the Secretary denies the plan under paragraph (1), the Secretary shall provide to the Indian tribe a written notification of disapproval of the plan that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that the plan does not meet the requirements described in section 3405 of this title.

(4) Partial approval

(A) In general

If a plan is denied under paragraph (3) solely on the basis that a request for a waiver that is part of the plan has not been approved (or is subject to dispute resolution) under section 3406 of this title, the Secretary shall, upon a request from the tribe, grant partial approval for those portions of the plan not affected by the request for a waiver.

(B) Approval after resolution

With respect to a plan described in subparagraph (A), on resolution of the request for a waiver under section 3406 of this title, the Secretary shall, on a request from the tribe, approve the plan or amended plan not later than 90 days after the date on which the Secretary receives the request.

(5) Failure to act

If the Secretary does not make a decision under paragraph (1) within 90 days of the date on which the Secretary receives the plan, the plan shall be considered to be approved.

(c) Extension of time

Notwithstanding any other provision of law, the Secretary may extend or otherwise alter the 90-day period identified in subsection (b)(1) for not more than 90 additional days, if, before the expiration of the period, the Secretary obtains the express written consent of the Indian tribe.

(d) Review of denial

(1) Procedure upon refusal to approve plan

If the Secretary denies a plan under subsection (b)(3), the Secretary shall—

(A) state any objections in writing to the Indian tribe;

(B) provide assistance to the Indian tribe to overcome the stated objections; and

(C) unless the Indian tribe brings a civil action under paragraph (2), provide the Indian tribe with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter and the opportunity for appeal on the objections raised, under such rules and regulations as the Secretary may promulgate.

(2) Civil actions

(A) In general

The district courts of the United States shall have original jurisdiction of a civil action against the appropriate Secretary arising under this section.

(B) Administrative hearing and appeal not required

An Indian tribe may bring a civil action under this paragraph without regard to whether the Indian tribe had a hearing or filed an appeal under paragraph (1).

(C) Relief

In an action brought under this paragraph, the court may order appropriate relief (including injunctive relief to reverse a denial of a plan under this section or to compel an officer or employee of the United States, or any agency thereof, to perform a duty provided under this chapter or regulations promulgated thereunder) against any action by an officer or employee of the United States or any agency thereof contrary to this chapter or regulations promulgated thereunder.

(3) Final agency action

Notwithstanding any other provision of law, a decision by an official of the Department of the Interior or the Department of Health and Human Services, as appropriate (collectively referred to in this paragraph as the "Department") that constitutes final agency action and that relates to an appeal within the Department that is conducted under paragraph (1)(C) shall be made—

(A) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency (such as the Indian Health Service or the Bureau of Indian Affairs) in which the decision that is the subject of the appeal was made; or

(B) by an administrative law judge.

(Pub. L. 102–477, §8, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, §1103(d), Dec. 27, 2000, 114 Stat. 2932; Pub. L. 115–93, §9, Dec. 18, 2017, 131 Stat. 2030.)

Editorial Notes

Amendments

2017—Pub. L. 115–93 amended section generally. Prior to amendment, text read as follows: "Within 90 days after the receipt of a tribal government's plan by the Secretary, the Secretary shall inform the tribal government, in writing, of the Secretary's approval or disapproval of the plan, including any request for a waiver that is made as part of the plan submitted by the tribal government. If the plan is disapproved, the tribal government shall be informed, in writing, of the reasons for the disapproval and shall be given an opportunity to amend its plan or to petition the Secretary to reconsider such disapproval, including reconsidering the disapproval of any waiver requested by the Indian tribe."

2000—Pub. L. 106–568 inserted ", including any request for a waiver that is made as part of the plan submitted by the tribal government" after "disapproval of the plan" and ", including reconsidering the disapproval of any waiver requested by the Indian tribe" after "reconsider such disapproval".
25 U.S.C. § 824 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXVI: PEORIA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 824: Repealed. Pub. L. 95-281, §1(b)(2), May 15, 1978, 92 Stat. 246
Repealed. Pub. L. 95-281, §1(b)(2), May 15, 1978, 92 Stat. 246
Status: repealed

Section, act Aug. 2, 1956, ch. 881, §4, 70 Stat. 937, provided for revocation of tribal corporate charter and termination of Federal powers over tribe.
25 U.S.C. § 883c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIX: INDIANS OF OKLAHOMA / Section 883c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–586, §4, Oct. 27, 1972, 86 Stat. 1296, which exempted per capita distributions under sections 883 to 883d of this title from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5345 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter II: CONTRACTS WITH STATES / Section 5345: Contracts for education in public schools; submission of education plan by contractor as prerequisite; criteria for approval of plan by Secretary of the Interior; participation by non-Indian students
Contracts for education in public schools; submission of education plan by contractor as prerequisite; criteria for approval of plan by Secretary of the Interior; participation by non-Indian students
Status: in_force

The Secretary of the Interior shall not enter into any contract for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students.

(Apr. 16, 1934, ch. 147, §4, as added Pub. L. 93–638, title II, §202, Jan. 4, 1975, 88 Stat. 2213.)

Editorial Notes

Codification

Section was formerly classified to section 455 of this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 4 of act Apr. 16, 1934, ch. 147, 48 Stat. 596; June 4, 1936, ch. 490, 49 Stat. 1458, directed Secretary of the Interior to report to Congress any contracts made under provisions of sections 5342 to 5344 of this title, prior to repeal by Pub. L. 86–533, §1(15), June 29, 1960, 74 Stat. 248.
25 U.S.C. § 1244 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXVI: PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF JUDGMENT FUND / Section 1244: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–59, §4, July 29, 1971, 85 Stat. 158, which related to apportionment of funds between the Minnesota Chippewa Tribe, the Turtle Mountain Band of Chippewas of North Dakota, and the Chippewa-Cree Tribe of Montana, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1469 (2024) — Title 25: INDIANS / Chapter 17: FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS / Subchapter I: INDIAN REVOLVING LOAN FUND / Section 1469: Rules and regulations
Rules and regulations
Status: in_force

The Secretary shall promulgate rules and regulations to carry out the provisions of this subchapter.

(Pub. L. 93–262, title I, §109, Apr. 12, 1974, 88 Stat. 79.)
25 U.S.C. § 1223 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXIV: CONFEDERATED TRIBES OF WEAS, PIANKASHAWS, PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND / Section 1223: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–364, §3, July 31, 1970, 84 Stat. 688, which related to distribution of shares of deceased enrollees and minors or persons under legal disability, was omitted from the Code as being of special and not general application.
25 U.S.C. § 823 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXVI: PEORIA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 823: Repealed. Pub. L. 95-281, §1(b)(2), May 15, 1978, 92 Stat. 246
Repealed. Pub. L. 95-281, §1(b)(2), May 15, 1978, 92 Stat. 246
Status: repealed

Section, act Aug. 2, 1956, ch. 881, §3, 70 Stat. 937, related to termination of Federal trust and services.
25 U.S.C. § 1773a (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter VII: WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT / Section 1773a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 101–41, §3, June 21, 1989, 103 Stat. 84, which provided for resolution of Puyallup tribal land claims, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1771a (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter V: MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT / Section 1771a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 100–95, §3, Aug. 18, 1987, 101 Stat. 704, which related to the Gay Head Indian claims settlement fund, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2202 (2024) — Title 25: INDIANS / Chapter 24: INDIAN LAND CONSOLIDATION / Section 2202: Other applicable provisions
Other applicable provisions
Status: in_force

The provisions of section 5108 of this title shall apply to all tribes notwithstanding the provisions of section 5125 of this title: Provided, That nothing in this section is intended to supersede any other provision of Federal law which authorizes, prohibits, or restricts the acquisition of land for Indians with respect to any specific tribe, reservation, or state(s).

(Pub. L. 97–459, title II, §203, Jan. 12, 1983, 96 Stat. 2517.)
25 U.S.C. § 775 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIII: INDIAN TRIBES OF OREGON / Section 775: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 30, 1954, ch. 1085, §5, 68 Stat. 980, which authorized the Secretary of the Interior to prescribe rules and regulations necessary to carry out the purposes of this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1496 (2024) — Title 25: INDIANS / Chapter 17: FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS / Subchapter II: LOAN GUARANTY AND INSURANCE / Section 1496: Powers of Secretary; finality of financial transactions and property acquisitions, management, and dispositions
Powers of Secretary; finality of financial transactions and property acquisitions, management, and dispositions
Status: in_force

The financial transactions of the Secretary incident to or arising out of the guarantee or insurance of loans and surety bonds, and the acquisition, management, and disposition of property, real, personal, or mixed, incident to such activities, shall be final and conclusive upon all officers of the Government. With respect to matters arising out of the guaranty or insurance program authorized by this subchapter, and notwithstanding the provisions of any other laws, the Secretary may—

(a) sue and be sued in his official capacity in any court of competent jurisdiction;

(b) subject to the specific limitations in this subchapter, consent to the modification, with respect to the rate of interest, time of payment on principal or interest or any portion thereof, security, or any other provisions of any note, contract, mortgage, or other instrument securing a loan or surety bond which has been guaranteed or insured hereunder;

(c) subject to the specific limitations in this subchapter, pay, or compromise, any claim on, or arising because of any loan or surety bond guaranty or insurance;

(d) subject to the specific limitations in this subchapter, pay, compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including, but not limited to, any equity or right of redemption;

(e) purchase at any sale, public or private, upon such terms and for such prices as he determines to be reasonable, and take title to property, real, personal, or mixed; and similarly sell, at public or private sale, exchange, assign, convey, or otherwise dispose of such property; and

(f) complete, administer, operate, obtain, and pay for insurance on, and maintain, renovate, repair, modernize, lease, or otherwise deal with any property acquired or held pursuant to the guaranty or insurance program authorized by this subchapter.

(Pub. L. 93–262, title II, §216, Apr. 12, 1974, 88 Stat. 81; Pub. L. 100–442, §5(c), Sept. 22, 1988, 102 Stat. 1764.)

Editorial Notes

Amendments

1988—Pub. L. 100–442 inserted "and surety bonds" after "of loans" in introductory text, "or surety" after "a loan" in par. (b), and "or surety" after "any loan" in par. (c).
25 U.S.C. § 123d (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 123d: Additional appropriations from tribal funds
Additional appropriations from tribal funds
Status: in_force

In addition to the tribal funds authorized to be expended by existing law, there is appropriated in fiscal year 1988 and thereafter to the Secretary of the Interior for the benefit of the tribes on whose behalf such funds were collected, not to exceed $1,000,000 in each fiscal year from tribal funds not otherwise available for expenditure.

(Pub. L. 100–202, §101(g) [title I, §100], Dec. 22, 1987, 101 Stat. 1329–213, 1329–230.)
25 U.S.C. § 1779f (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XIII: CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT / Section 1779f: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 107–331, title VI, §608, Dec. 13, 2002, 116 Stat. 2852, which provided for the extinguishment of claims of other Indian tribes and filing of claims relating to the extinguishment, was omitted from the Code as being of special and not general application.
25 U.S.C. § 797 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXV: WYANDOTTE TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 797: Repealed. Pub. L. 95-281, §1(b)(1), May 15, 1978, 92 Stat. 246
Repealed. Pub. L. 95-281, §1(b)(1), May 15, 1978, 92 Stat. 246
Status: repealed

Section, act Aug. 1, 1956, ch. 843, §7, 70 Stat. 894, provided for applicability of probate laws to property of deceased members.
25 U.S.C. § 977 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLVI: PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL SUPERVISION / Section 977: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 87–629, §7, Sept. 5, 1962, 76 Stat. 430, which provided that nothing in this subchapter would affect the rights, privileges, or obligations of the tribe or its members under the laws of Nebraska, was omitted from the Code as being of special and not general application.
25 U.S.C. § 458ccc (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter II: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 458ccc: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 458ccc was editorially reclassified as section 5411 of this title.
25 U.S.C. § 5202 (2024) — Title 25: INDIANS / Chapter 45A: OKLAHOMA INDIAN WELFARE / Section 5202: Purchase of restricted Indian lands; preference to Secretary of the Interior; waiver of preference
Purchase of restricted Indian lands; preference to Secretary of the Interior; waiver of preference
Status: in_force

Whenever any restricted Indian land or interests in land, other than sales or leases of oil, gas, or other minerals therein, are offered for sale, pursuant to the terms of this chapter or any other Act of Congress, the Secretary of the Interior shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians of the same or any other tribe, at a fair valuation to be fixed by the appraisement satisfactory to the Indian owner or owners, or if offered for sale at auction said Secretary shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians by meeting the highest bid otherwise offered therefor.

The preference right of the Secretary to purchase shall be considered as waived where notice of the pendency of sale is given in writing to the Superintendent of the Five Civilized Tribes for at least ten days prior to the date of sale and the Secretary does not within that time exercise the preferential right to purchase.

(June 26, 1936, ch. 831, §2, 49 Stat. 1967; Aug. 4, 1947, ch. 458, §10, 61 Stat. 734.)

Editorial Notes

Codification

Section was formerly classified to section 502 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1947—Act Aug. 4, 1947, added second paragraph.
25 U.S.C. § 646 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXIII: HOPI TRIBE: INDUSTRIAL PARK / Section 646: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–264, §6, May 22, 1970, 84 Stat. 261, which deemed securities issued by the Council to be exempted securities and provided that they would be exempt from registration requirements, was omitted from the Code as being of special and not general application.
25 U.S.C. § 714f (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 714f: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–481, §8, Oct. 17, 1984, 98 Stat. 2254, 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. § 1265 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXVIII: BLACKFEET AND GROS VENTRE TRIBES: DISTRIBUTION OF JUDGMENT FUND / Section 1265: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–254, §5, Mar. 18, 1972, 86 Stat. 65, 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. § 156 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter III: DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS / Section 156: Deposit of funds from sales of lands and property of Five Civilized Tribes
Deposit of funds from sales of lands and property of Five Civilized Tribes
Status: in_force

The net receipts from the sales of surplus and unallotted lands and other tribal property belonging to any of the Five Civilized Tribes, after deducting the necessary expense of advertising and sale, may be deposited in national or State banks in the State of Oklahoma in the discretion of the Secretary of the Interior, such depositories to be designated by him under such rules and regulations governing the rate of interest thereon, the time of deposit and withdrawal thereof, and the security therefor, as he may prescribe. The interest accruing on such funds may be used to defray the expense of the per capita payments of such funds.

(Mar. 3, 1911, ch. 210, §17, 36 Stat. 1070.)

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. § 410 (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 410: Moneys from lease or sale of trust lands not liable for certain debts
Moneys from lease or sale of trust lands not liable for certain debts
Status: in_force

No money accruing from any lease or sale of lands held in trust by the United States for any Indian shall become liable for the payment of any debt of, or claim against, such Indian contracted or arising during such trust period, or, in case of a minor, during his minority, except with the approval and consent of the Secretary of the Interior.

(June 21, 1906, ch. 3504, 34 Stat. 327.)
25 U.S.C. § 996 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLVII: CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND / Section 996: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 87–775, §6, Oct. 9, 1962, 76 Stat. 776, which provided that payments would not be held to be "other income and resources", as that term was used in certain provisions of Title 42, The Public Health and Welfare, was omitted from the Code as being of special and not general application.
25 U.S.C. § 488 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 488: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 488 was editorially reclassified as section 5136 of this title.
25 U.S.C. § 624 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XX: PUEBLO AND CANONCITO NAVAJO INDIANS / Section 624: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 87–231, §10, Sept. 14, 1961, 75 Stat. 505, which related to exchange of Pueblo lands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 171 (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 171: Repealed. May 21, 1934, ch. 321, 48 Stat. 787
Repealed. May 21, 1934, ch. 321, 48 Stat. 787
Status: repealed

Section 171, R.S. §2111, related to imposition of a penalty for sending seditious messages intending to contravene a United States treaty or law.

Section 172, R.S. §2112, related to imposition of a penalty for carrying seditious messages intending to contravene a United States treaty or law.

Section 173, R.S. §2113, related to imposition of a penalty for corresponding with foreign nations intending to incite Indians to war.
25 U.S.C. § 3712 (2024) — Title 25: INDIANS / Chapter 39: AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT / Subchapter I: RANGELAND AND FARMLAND ENHANCEMENT / Section 3712: Indian participation in land management activities
Indian participation in land management activities
Status: in_force

(a) Tribal recognition

The Secretary shall conduct all land management activities on Indian agricultural land in accordance with goals and objectives set forth in the approved agricultural resource management plan, in an integrated resource management plan, and in accordance with all tribal laws and ordinances, except in specific instances where such compliance would be contrary to the trust responsibility of the United States.

(b) Tribal laws

Unless otherwise prohibited by Federal law, the Secretary shall comply with tribal laws and ordinances pertaining to Indian agricultural lands, including laws regulating the environment and historic or cultural preservation, and laws or ordinances adopted by the tribal government to regulate land use or other activities under tribal jurisdiction. The Secretary shall—

(1) provide assistance in the enforcement of such tribal laws;

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

(3) upon the request of an Indian tribe, require appropriate Federal officials to appear in tribal forums.

(c) Waiver of regulations

In any case in which a regulation or administrative policy of the Department of the Interior conflicts with the objectives of the agricultural resource management plan provided for in section 3711 of this title, or with a tribal law, the Secretary may waive the application of such regulation or administrative policy unless such waiver would constitute a violation of a Federal statute or judicial decision or would conflict with his general trust responsibility under Federal law.

(d) Sovereign immunity

This section does not constitute a waiver of the sovereign immunity of the United States, nor does it authorize tribal justice systems to review actions of the Secretary.

(Pub. L. 103–177, title I, §102, Dec. 3, 1993, 107 Stat. 2015.)
25 U.S.C. § 63 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 63: Consolidation of agencies
Consolidation of agencies
Status: in_force

The President may, in his discretion, consolidate two or more agencies into one, and where Indians are located on reservations created by Executive order he may, with the consent of the tribes to be affected thereby, expressed in the usual manner, consolidate one or more tribes, and abolish such agencies as are thereby rendered unnecessary.

(May 17, 1882, ch. 163, §6, 22 Stat. 88; July 4, 1884, ch. 180, §6, 23 Stat. 97.)

Executive Documents

Delegation of Functions

For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President.
25 U.S.C. § 1780g (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XIV: PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT / Section 1780g: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 109–286, §9, Sept. 27, 2006, 120 Stat. 1224, which related to trust status of Settlement Area Land and National Forest boundaries, was omitted from the Code as being of special and not general application.
25 U.S.C. § 721 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXI: ALABAMA AND COUSHATTA INDIANS OF TEXAS: TERMINATION OF FEDERAL SUPERVISION / Section 721: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 23, 1954, ch. 831, §1, 68 Stat. 768, which authorized the Secretary of the Interior to transfer lands held in trust by the United States for the Alabama and Coushatta Tribes to the State of Texas to be held by the State in trust for the benefit of tribes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2651 (2024) — Title 25: INDIANS / Chapter 28: INDIAN EDUCATION PROGRAM / Subchapter V: MISCELLANEOUS / Section 2651: Repealed. Pub. L. 103-382, title III, §367, Oct. 20, 1994, 108 Stat. 3976
Repealed. Pub. L. 103-382, title III, §367, Oct. 20, 1994, 108 Stat. 3976
Status: repealed

Section, Pub. L. 100–297, title V, §5351, Apr. 28, 1988, 102 Stat. 413; Pub. L. 100–427, §23, Sept. 9, 1988, 102 Stat. 1613, defined terms for purposes of this chapter. See section 7881 of Title 20, Education.
25 U.S.C. § 1771d (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter V: MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT / Section 1771d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 100–95, §6, Aug. 18, 1987, 101 Stat. 706, which related to the purchase and transfer of settlement lands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 494a (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 494a: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 494a was editorially reclassified as section 5144 of this title.
25 U.S.C. § 788b (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIV: CREEK NATION OF INDIANS / Section 788b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–504, §2, Sept. 21, 1968, 82 Stat. 855, which related to distribution of certain judgment funds to persons whose names appear on the roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 892 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XL: MENOMINEE TRIBE OF WISCONSIN: TERMINATION OF FEDERAL SUPERVISION / Section 892: Repealed. Pub. L. 93-197, §3(b), Dec. 22, 1973, 87 Stat. 770
Repealed. Pub. L. 93-197, §3(b), Dec. 22, 1973, 87 Stat. 770
Status: repealed

Section, act June 17, 1954, ch. 303, §2, 68 Stat. 250, defined "Tribe" and "Secretary".
25 U.S.C. § 586 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XV: SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 586: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–206, §6, Dec. 18, 1971, 85 Stat. 738, which related to distribution of funds to members of the Northwestern Band of Shoshone Indians, was omitted from the Code as being of special and not general application.
25 U.S.C. § 677w (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXVIII: UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD MEMBERS / Section 677w: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1009, §24, 68 Stat. 877; Pub. L. 93–608, §1(15), Jan. 2, 1975, 88 Stat. 1969, which related to presentation of a development program for the full-blood group to eventually terminate Federal supervision, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5210 (2024) — Title 25: INDIANS / Chapter 45A: OKLAHOMA INDIAN WELFARE / Section 5210: Payment of gross production taxes; method
Payment of gross production taxes; method
Status: in_force

Whenever restricted Indian lands in the State of Oklahoma are subject to gross production tax on minerals, including oil and gas, the Secretary of the Interior, in his discretion, may cause such tax or taxes due the State of Oklahoma to be paid in the manner provided for by the statutes of the State of Oklahoma.

(Aug. 25, 1937, ch. 772, 50 Stat. 806.)

Editorial Notes

Codification

This section was not enacted as part of act June 26, 1936, ch. 831, 49 Stat. 1967, which comprises this chapter.

Section was formerly classified to section 510 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 450a (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter II: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 450a: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 450a was editorially reclassified as section 5302 of this title.
25 U.S.C. § 39 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 39: Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632
Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632
Status: repealed

Section, R.S. §2063, related to compensation for extra services rendered by Indian Agents.
25 U.S.C. § 490 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 490: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 490 was editorially reclassified as section 5139 of this title.
25 U.S.C. § 715 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 715: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 101–42, §2, June 28, 1989, 103 Stat. 91, which set out definitions, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 101–42, §1, June 28, 1989, 103 Stat. 91, provided that Pub. L. 101–42, enacting this subchapter, could be cited as the "Coquille Restoration Act".
25 U.S.C. § 1745 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter III: FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT / Section 1745: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 97–399, §6, Dec. 31, 1982, 96 Stat. 2014, which provided for special provisions for the Miccosukee Tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 304 (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 304: South Dakota Indians; State course of study
South Dakota Indians; State course of study
Status: in_force

On and after July 1, 1950, the course of study taught in any school operated and maintained by the Bureau of Indian Affairs on any Indian reservation in the State of South Dakota shall, upon a majority decision of the parents of children enrolled therein voting at a meeting called for that purpose by the superintendent of the reservation, meet the minimum education requirements prescribed by the department of public instruction for the public schools of that State.

(Sept. 7, 1949, ch. 566, 63 Stat. 694.)
25 U.S.C. § 1777d (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XI: SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT / Section 1777d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 106–425, §6, Nov. 1, 2000, 114 Stat. 1895, which related to affirmation of accurate boundaries of the Santo Domingo Pueblo Grant, was omitted from the Code as being of special and not general application.
25 U.S.C. § 609 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XVII: YAKIMA TRIBES / Section 609: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–278, §1, Mar. 30, 1968, 82 Stat. 69, which related to actions by the Confederated Tribes of the Colville Reservation and the Yakima Tribes of Indians of the Yakima Reservation to determine title to judgment fund, was omitted from the Code as being of special and not general application.
25 U.S.C. § 310 (2024) — Title 25: INDIANS / Chapter 7A: PROMOTION OF SOCIAL AND ECONOMIC WELFARE / Section 310: Institute of American Indian and Alaska Native Culture and Arts Development
Institute of American Indian and Alaska Native Culture and Arts Development
Status: in_force

(a)(1) To the extent of the availability of funds for such purpose, the Secretary of the Interior shall:

(A) enter into a thirty-year agreement with the College of Santa Fe, Santa Fe, New Mexico, to provide educational facilities for the use of, and to develop cooperative educational/arts programs to be carried out with the postsecondary fine arts and museum services programs of, the Institute of American Indian and Alaska Native Culture and Arts Development administered by the Bureau of Indian Affairs; and

(B) conduct such activities as are necessary to improve the facilities used by the Institute of American Indian and Alaska Native Culture and Arts Development at the College of Santa Fe.

(2) The provisions of this subsection shall take effect on October 1, 1984.

(b)(1) The Secretary of the Interior, acting through the Bureau of Indian Affairs, is directed to conduct a study for the purpose of determining the need, if any, for a museum facility to be established for the benefit of the Institute of American Indian and Alaska Native Culture and Arts Development, the feasibility of establishing such museum, and the need or desirability, if any, to establish any such museum in close proximity to the facilities currently being used by such Institute at the College of Santa Fe.

(2) On or before February 1, 1985, the Secretary of the Interior shall report the results of such study, together with his recommendations, to the Congress.

(3) Should the study recommend establishment of a museum, and should the College of Santa Fe be selected as the best site, any agreement entered into by the Secretary of the Interior for construction of such museum shall contain assurances, satisfactory to the Secretary, that appropriate lands at the College of Santa Fe will be available at no cost to the Federal Government for the establishment of a museum facility.

(Pub. L. 98–306, §14, May 31, 1984, 98 Stat. 226; Pub. L. 99–498, title XV, §1514(c), Oct. 17, 1986, 100 Stat. 1608.)

Editorial Notes

Amendments

1986—Subsecs. (a)(1), (b)(1). Pub. L. 99–498 substituted "Institute of American Indian and Alaska Native Culture and Arts Development" for "Institute of American Indian Arts" wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–498, title XV, §1514(f), Oct. 17, 1986, 100 Stat. 1608, provided that amendment made by Pub. L. 99–498 is effective Oct. 1, 1986.
25 U.S.C. § 1779c (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XIII: CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT / Section 1779c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 107–331, title VI, §605, Dec. 13, 2002, 116 Stat. 2848, which related to settlement of claims, appropriations, and allocation of funds, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1251 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXVII: CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION, MONTANA: DISTRIBUTION OF JUDGMENT FUND / Section 1251: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–253, §1, Mar. 17, 1972, 86 Stat. 64, which related to distribution of judgment funds and payment of attorney fees and expenses, was omitted from the Code as being of special and not general application.
25 U.S.C. § 199a (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 199a: Custody of records; Oklahoma Historical Society
Custody of records; Oklahoma Historical Society
Status: in_force

Title to records of Indian tribes heretofore placed with the Oklahoma Historical Society of the State of Oklahoma by the Secretary of the Interior shall remain vested in the United States and such records shall be held by the said society under rules and regulations prescribed by the Archivist of the United States: Provided, That copies of any such records, documents, books, or papers held by the said society when certified by the secretary or chief clerk thereof under its seal, or by the officer or person acting as secretary or chief clerk, shall be evidence equally with the original, and in making such certified copies the said secretary or acting secretary and the said chief clerk or acting chief clerk shall be acting as a Federal agent, and such certified copies shall have the same force and effect as if made by the Archivist of the United States as provided in section 2116(b) of title 44: Provided further, That whenever such certified copies are desired for official use by the Federal Government they shall be furnished without cost: Provided further, That any such records held by the said society shall be promptly returned to the Government official designated by the Archivist of the United States upon his request therefor.

(Mar. 27, 1934, ch. 93, 48 Stat. 501; Oct. 25, 1951, ch. 562, §4(5), 65 Stat. 640; Pub. L. 98–497, title I, §107(i), Oct. 19, 1984, 98 Stat. 2292.)

Editorial Notes

Codification

"Section 2116(b) of title 44" substituted in text for "section 509(b) of the Federal Records Act of 1950 (64 Stat. 583)" on authority of section 2(b) of Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1305, the first section of which enacted Title 44, Public Printing and Documents, and restated such section 509(b) as section 2112(b) of Title 44, and Pub. L. 98–497, title I, §102(a)(1), Oct. 19, 1984, 98 Stat. 2280, which renumbered section 2112(b) as 2116(b).

Amendments

1984—Pub. L. 98–497 substituted "Archivist of the United States" for "Administrator of General Services" in three places.

1951—Act Oct. 25, 1951, transferred control of Indian tribal records, heretofore placed hereunder with Oklahoma Historical Society, from Secretary of the Interior to Administrator of General Services.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
25 U.S.C. § 3742 (2024) — Title 25: INDIANS / Chapter 39: AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT / Subchapter III: GENERAL PROVISIONS / Section 3742: Trust responsibility
Trust responsibility
Status: in_force

Nothing in this chapter shall be construed to diminish or expand the trust responsibility of the United States toward Indian trust lands or natural resources, or any legal obligation or remedy resulting therefrom.

(Pub. L. 103–177, title III, §302, Dec. 3, 1993, 107 Stat. 2022.)
25 U.S.C. § 1934 (2024) — Title 25: INDIANS / Chapter 21: INDIAN CHILD WELFARE / Subchapter II: INDIAN CHILD AND FAMILY PROGRAMS / Section 1934: "Indian" defined for certain purposes
"Indian" defined for certain purposes
Status: in_force

For the purposes of sections 1932 and 1933 of this title, the term "Indian" shall include persons defined in section 1603(c) 1 of this title.

(Pub. L. 95–608, title II, §204, Nov. 8, 1978, 92 Stat. 3077.)

Editorial Notes

References in Text

Section 1603(c) of this title, referred to in text, was redesignated section 1603(13) of this title by Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.

1 See References in Text note below.
25 U.S.C. § 786 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIV: CREEK NATION OF INDIANS / Section 786: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–76, §1, Aug. 29, 1967, 81 Stat. 177, which provided for the unclaimed and unpaid share of certain judgment funds to be deposited in the Treasury of the United States to the credit of the tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1730 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter II: MAINE INDIAN CLAIMS SETTLEMENT / Section 1730: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 96–420, §11, Oct. 10, 1980, 94 Stat. 1796, which related to transfer of tribal trust funds held by the State of Maine, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1716 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter I: RHODE ISLAND INDIAN CLAIMS SETTLEMENT / Section 1716: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 95–395, title II, §202, as added Pub. L. 96–601, §5(a), Dec. 24, 1980, 94 Stat. 3499; amended Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095, which related to deferral of capital gains, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5503 (2024) — Title 25: INDIANS / Chapter 47: CONVEYANCE OF SUBMARGINAL LAND / Section 5503: Submarginal lands of United States held in trust for Stockbridge Munsee Indian Community
Submarginal lands of United States held in trust for Stockbridge Munsee Indian Community
Status: in_force

All of the right, title, and interest of the United States in all the minerals including gas and oil underlying the submarginal lands declared to be held in trust for the Stockbridge Munsee Indian Community by the Act of October 9, 1972 (86 Stat. 795), are hereby declared to be held by the United States in trust for the Stockbridge Munsee Indian Community.

(Pub. L. 94–114, §3(a), Oct. 17, 1975, 89 Stat. 578.)

Editorial Notes

References in Text

Act of October 9, 1972, referred to in text, is Pub. L. 92–480, Oct. 9, 1972, 86 Stat. 795, which was not classified to the Code.

Codification

Section is comprised of section 3(a) of Pub. L. 94–114. Section 3(b) of Pub. L. 94–114 repealed section 2 of Pub. L. 92–480, which related to claims offset involving the Stockbridge Munsee Indian Community and was not classified to the Code. Section 3(c) of Pub. L. 94–114 amended section 5 of Pub. L. 92–488, which related to claims offset involving the Burns Indian Colony and was not classified to the Code.

Section was formerly classified to section 459b of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 396g (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 396g: Subsurface storage of oil or gas
Subsurface storage of oil or gas
Status: in_force

The Secretary of the Interior, to avoid waste or to promote the conservation of natural resources or the welfare of the Indians, is authorized in his discretion to approve leases of lands that are subject to lease under section 396 or 396a of this title, for the subsurface storage of oil and gas, irrespective of the lands from which initially produced, and the Secretary is authorized, in order to provide for the subsurface storage of oil or gas, to approve modifications, amendments, or extensions of the oil and gas or other mining lease(s), if any, in effect as to restricted Indian lands, tribal or allotted, and may promulgate rules and regulations consistent with such leases, modifications, amendments, and extensions, relating to the storage of oil or gas thereunder. Any such leases may provide for the payment of a storage fee or rental on such stored oil or gas or, in lieu of such fee or rental, for a royalty other than that prescribed in the lease when such stored oil or gas is produced in conjunction with oil or gas not previously produced. It may be provided that any oil and gas lease under which storage of oil or gas is so authorized shall be continued in effect at least for the period of such storage use and so long thereafter as oil or gas not previously produced is produced in paying quantities.

(May 11, 1938, ch. 198, §8, as added Aug. 1, 1956, ch. 808, 70 Stat. 774.)

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. § 1756 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter IV: CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT / Section 1756: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–134, §7, Oct. 18, 1983, 97 Stat. 855, which related to practice and procedure in questions of constitutionality of this subchapter and with respect to claims extinguished by the operation of this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 648 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXIV: HUALAPAI TRIBE / Section 648: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–400, §2, Sept. 16, 1970, 84 Stat. 838, which exempted funds distributed to members of the tribe from Federal and State income tax, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1750e (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter III: FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT / Section 1750e: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 105–83, title VII, §707, Nov. 14, 1997, 111 Stat. 1626, which set forth provisions relating to eligibility for Federal services or benefits and taxation of payments and conveyances of land, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2305 (2024) — Title 25: INDIANS / Chapter 25: OLD AGE ASSISTANCE CLAIMS SETTLEMENT / Section 2305: Discharge and barring of claims
Discharge and barring of claims
Status: in_force

(a) Payment and acceptance

The payment and acceptance of any claim, after its determination in accordance with this chapter, shall be a full discharge to the United States or any State or political subdivision thereof of all claims and demands touching any of the matters involved in the controversy.

(b) Claims filed prior to October 19, 1984

The provisions of this chapter shall not affect claims arising from any unauthorized disbursement which were filed in any court of competent jurisdiction prior to October 19, 1984.

(Pub. L. 98–500, §6, Oct. 19, 1984, 98 Stat. 2318.)
25 U.S.C. § 450m (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter II: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 450m: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 450m was editorially reclassified as section 5330 of this title.
25 U.S.C. § 375d (2024) — Title 25: INDIANS / Chapter 10: DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE / Section 375d: Disposition of estates of intestate members of Cherokee, Chickasaw, Choctaw, and Seminole Nations of Oklahoma dying without heirs
Disposition of estates of intestate members of Cherokee, Chickasaw, Choctaw, and Seminole Nations of Oklahoma dying without heirs
Status: in_force

Upon the final determination of a court having jurisdiction or by decision of the Secretary of the Interior after a period of five years from the death of the decedent, it is determined that a member of the Cherokee, Chickasaw, Choctaw, or Seminole Nations or Tribes of Oklahoma or a person of the blood of said tribes has died intestate without heirs, owning trust or restricted Indian lands in Oklahoma or an interest therein or rents or profits therefrom, such lands, interests, or profits shall escheat to the Nation or tribe from which title to the trust or restricted Indian lands or interest therein was derived and shall be held thereafter in trust by the United States for said nation or tribe.

(Pub. L. 91–240, May 7, 1970, 84 Stat. 203.)
25 U.S.C. § 85 (2024) — Title 25: INDIANS / Chapter 3: AGREEMENTS WITH INDIANS / Subchapter II: CONTRACTS WITH INDIANS / Section 85: Contracts relating to tribal funds or property
Contracts relating to tribal funds or property
Status: in_force

No contract made with any Indian, where such contract relates to the tribal funds or property in the hands of the United States, shall be valid, nor shall any payment for services rendered in relation thereto be made unless the consent of the United States has previously been given.

(June 30, 1913, ch. 4, §18, 38 Stat. 97.)
25 U.S.C. § 3120 (2024) — Title 25: INDIANS / Chapter 33: NATIONAL INDIAN FOREST RESOURCES MANAGEMENT / Section 3120: Trust responsibility
Trust responsibility
Status: in_force

Nothing in this chapter shall be construed to diminish or expand the trust responsibility of the United States toward Indian forest lands, or any legal obligation or remedy resulting therefrom.

(Pub. L. 101–630, title III, §321, Nov. 28, 1990, 104 Stat. 4544.)
25 U.S.C. § 1863 (2024) — Title 25: INDIANS / Chapter 20: TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE / Subchapter IV: TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS / Section 1863: Applicability of other laws
Applicability of other laws
Status: in_force

(a) In general

Paragraphs (4) and (8) of subsection (a), and subsection (b), of section 1801 of this title, sections 1805, 1808, 1811, 1812 and 1813 of this title, subchapters II and III of this chapter, and title II 1 shall not apply to this subchapter.

(b) Indian self-determination and education assistance

Funds made available pursuant to this subchapter shall be subject to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).1

(c) Election to receive

A tribally controlled postsecondary career and technical institution selected for a fiscal year under section 1862(b) of this title may elect to receive funds pursuant to section 1862 of this title in accordance with an agreement between the tribally controlled postsecondary career and technical institution and the Secretary under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)1 if the agreement is in existence on August 14, 2008.

(d) Other assistance

Eligibility for, or receipt of, assistance under this subchapter shall not preclude the eligibility of a tribally controlled postsecondary career and technical institution to receive Federal financial assistance under—

(1) any program under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.);

(2) any program under the Carl D. Perkins Career and Technical Education Act of 2006 [20 U.S.C. 2301 et seq.]; or

(3) any other applicable program under which a benefit is provided for—

(A) institutions of higher education;

(B) community colleges; or

(C) postsecondary educational institutions.

(Pub. L. 95–471, title V, §503, as added Pub. L. 110–315, title IX, §941(j)(1), Aug. 14, 2008, 122 Stat. 3464.)

Editorial Notes

References in Text

Title II, referred to in subsec. (a), is title II of Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1329, known as the Navajo Community College Assistance Act of 1978, which enacted former section 640c–1 of this title, amended former section 640c of this title, and enacted provisions set out as notes under former sections 640a and 640c–1 of this title.

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

The Higher Education Act of 1965, referred to in subsec. (d)(1), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (d)(2), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, §1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables.

1 See References in Text note below.
25 U.S.C. § 4227 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4227: Regulations
Regulations
Status: in_force

The Secretary shall issue final regulations necessary to carry out this subchapter not later than October 1, 2001.

(Pub. L. 104–330, title VIII, §807, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2885, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2979.)

Editorial Notes

Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted substantially identical sections 807 of Pub. L. 104–330. This section is based on the text of section 807 of Pub. L. 104–330, as added by Pub. L. 106–569, §513. Section 807 of Pub. L. 104–330, as added by Pub. L. 106–568, §203, required the issuance of final regulations not later than October 1, 2000, instead of October 1, 2001.
25 U.S.C. § 1135 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LV: DUWAMISH TRIBE OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND / Section 1135: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–660, §5, Oct. 14, 1966, 80 Stat. 911, 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. § 4243 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4243: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated to the Department of Housing and Urban Development for grants under this subchapter such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005.

(Pub. L. 104–330, title VIII, §824, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2989.)

Editorial Notes

Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted substantially identical sections 824 of Pub. L. 104–330. This section is based on the text of section 824 of Pub. L. 104–330, as added by Pub. L. 106–569, §513. Section 824 of Pub. L. 104–330, as added by Pub. L. 106–568, §203, authorized appropriations for fiscal years 2000 to 2004, instead of fiscal years 2001 to 2005.
25 U.S.C. § 4029 (2024) — Title 25: INDIANS / Chapter 42: AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM / Subchapter II: INDIAN TRUST FUND MANAGEMENT PROGRAM / Section 4029: Regulations
Regulations
Status: in_force

(a) In general

Not later than 12 months after October 25, 1994, the Secretary shall promulgate final regulations for the implementation of this subchapter. All regulations promulgated pursuant to this subchapter shall be developed by the Secretary with the full and active participation of the Indian tribes with trust funds held by the Secretary and other affected Indian tribes.

(b) Effect

The lack of promulgated regulations shall not limit the effect of this subchapter.

(Pub. L. 103–412, title II, §209, Oct. 25, 1994, 108 Stat. 4243.)
25 U.S.C. § 3907 (2024) — Title 25: INDIANS / Chapter 41: INDIAN LANDS OPEN DUMP CLEANUP / Section 3907: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a) General authorization

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

(b) Coordination

The activities required to be performed by the Director under this chapter shall be coordinated with activities related to solid waste and sanitation facilities funded pursuant to other authorizations.

(Pub. L. 103–399, §8, Oct. 22, 1994, 108 Stat. 4168.)
25 U.S.C. § 1300j (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXXXI: POKAGON BAND OF POTAWATOMI INDIANS / Section 1300j: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–323, §1, Sept. 21, 1994, 108 Stat. 2152, which set out congressional findings, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5102 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5102: Existing periods of trust and restrictions on alienation extended
Existing periods of trust and restrictions on alienation extended
Status: in_force

The existing periods of trust placed upon any Indian lands and any restriction on alienation thereof are extended and continued until otherwise directed by Congress.

(June 18, 1934, ch. 576, §2, 48 Stat. 984.)

Editorial Notes

Codification

Section was formerly classified to section 462 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 941d (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIII: CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF ASSETS / Section 941d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–116, §6, Oct. 27, 1993, 107 Stat. 1122, which related to ratification of prior transfers of land or natural resources and extinguishment of aboriginal title, rights, and claims, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1466 (2024) — Title 25: INDIANS / Chapter 17: FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS / Subchapter I: INDIAN REVOLVING LOAN FUND / Section 1466: Land and personal property title
Land and personal property title
Status: in_force

Title to any land purchased by a tribe or by an individual Indian with loans made from the revolving loan fund may be taken in trust unless the land is located outside the boundaries of a reservation or a tribal consolidation area approved by the Secretary. Title to any land purchased by a tribe or an individual Indian which is outside the boundaries of the reservation or approved consolidation area may be taken in trust if the purchaser was the owner of trust or restricted interests in the land before the purchase, otherwise title shall be taken in the name of the purchasers without any restriction on alienation, control, or use. Title to any personal property purchased with a loan from the revolving loan fund shall be taken in the name of the purchaser.

(Pub. L. 93–262, title I, §106, Apr. 12, 1974, 88 Stat. 78.)
25 U.S.C. § 1616 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter I: INDIAN HEALTH PROFESSIONAL PERSONNEL / Section 1616: Community Health Representative Program
Community Health Representative Program
Status: in_force

(a) Under the authority of section 13 of this title, the Secretary shall maintain a Community Health Representative Program under which the Service—

(1) provides for the training of Indians as health paraprofessionals, and

(2) uses such paraprofessionals in the provision of health care, health promotion, and disease prevention services to Indian communities.

(b) The Secretary, acting through the Community Health Representative Program of the Service, shall—

(1) provide a high standard of training for paraprofessionals to Community Health Representatives to ensure that the Community Health Representatives provide quality health care, health promotion, and disease prevention services to the Indian communities served by such Program,

(2) in order to provide such training, develop and maintain a curriculum that—

(A) combines education in the theory of health care with supervised practical experience in the provision of health care, and

(B) provides instruction and practical experience in health promotion and disease prevention activities, with appropriate consideration given to lifestyle factors that have an impact on Indian health status, such as alcoholism, family dysfunction, and poverty,

(3) maintain a system which identifies the needs of Community Health Representatives for continuing education in health care, health promotion, and disease prevention and maintain programs that meet the needs for such continuing education,

(4) maintain a system that provides close supervision of Community Health Representatives,

(5) maintain a system under which the work of Community Health Representatives is reviewed and evaluated, and

(6) promote traditional health care practices of the Indian tribes served consistent with the Service standards for the provision of health care, health promotion, and disease prevention.

(Pub. L. 94–437, title I, §107, as added Pub. L. 100–713, title I, §107, Nov. 23, 1988, 102 Stat. 4788; amended Pub. L. 102–573, title I, §105, Oct. 29, 1992, 106 Stat. 4535.)

Editorial Notes

Amendments

1992—Subsec. (b)(2). Pub. L. 102–573, §105(1), inserted "and maintain" in introductory provisions.

Subsec. (b)(2)(B). Pub. L. 102–573, §105(2), inserted at end "with appropriate consideration given to lifestyle factors that have an impact on Indian health status, such as alcoholism, family dysfunction, and poverty,".

Subsec. (b)(3). Pub. L. 102–573, §105(3), substituted "maintain" for "develop" in two places.

Subsec. (b)(4). Pub. L. 102–573, §105(4), struck out "develop and" before "maintain".

Subsec. (b)(5). Pub. L. 102–573, §105(3), substituted "maintain" for "develop".
25 U.S.C. § 677x (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXVIII: UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD MEMBERS / Section 677x: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1009, §25, 68 Stat. 877, which provided that nothing in this subchapter would affect the status of the members of the tribe as citizens of the United States, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1774 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter VIII: SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT / Section 1774: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 101–503, §2, Nov. 3, 1990, 104 Stat. 1292, which set out congressional findings and purposes, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 101–503, §1, Nov. 3, 1990, 104 Stat. 1292, provided that Pub. L. 101–503, enacting this subchapter, could be cited as the "Seneca Nation Settlement Act of 1990".
25 U.S.C. § 671 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXVII: UTE INDIANS OF UTAH / Section 671: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, acts Aug. 21, 1951, ch. 338, §1, 65 Stat. 193; June 29, 1954, ch. 412, 68 Stat. 321, which related to use of funds of the Ute Indian Tribe of the Uintah and Ouray Reservation for expenditure and per capita payments, regulations applicable to loans, and restrictions on attorney fees, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1602 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Section 1602: Declaration of national Indian health policy
Declaration of national Indian health policy
Status: in_force

Congress declares that it is the policy of this Nation, in fulfillment of its special trust responsibilities and legal obligations to Indians—

(1) to ensure the highest possible health status for Indians and urban Indians and to provide all resources necessary to effect that policy;

(2) to raise the health status of Indians and urban Indians to at least the levels set forth in the goals contained within the Healthy People 2010 initiative or successor objectives;

(3) to ensure maximum Indian participation in the direction of health care services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities;

(4) to increase the proportion of all degrees in the health professions and allied and associated health professions awarded to Indians so that the proportion of Indian health professionals in each Service area is raised to at least the level of that of the general population;

(5) to require that all actions under this chapter shall be carried out with active and meaningful consultation with Indian tribes and tribal organizations, and conference with urban Indian organizations, to implement this chapter and the national policy of Indian self-determination;

(6) to ensure that the United States and Indian tribes work in a government-to-government relationship to ensure quality health care for all tribal members; and

(7) to provide funding for programs and facilities operated by Indian tribes and tribal organizations in amounts that are not less than the amounts provided to programs and facilities operated directly by the Service.

(Pub. L. 94–437, §3, Sept. 30, 1976, 90 Stat. 1401; Pub. L. 102–573, §3(b), Oct. 29, 1992, 106 Stat. 4526; Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

This chapter, referred to in par. (5), was in the original "this Act", meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Codification

Amendment by Pub. L. 111–148 is based on section 103 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 declaration of health objectives.

1992—Pub. L. 102–573 amended section generally. Prior to amendment, section read as follows: "The Congress hereby declares that it is the policy of this Nation, in fulfillment of its special responsibilities and legal obligation to the American Indian people, to meet the national goal of providing the highest possible health status to Indians and to provide existing Indian health services with all resources necessary to effect that policy."
25 U.S.C. § 508 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter VIII: INDIANS IN OKLAHOMA: PROMOTION OF WELFARE / Section 508: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 508 was editorially reclassified as section 5208 of this title.
25 U.S.C. § 392 (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 392: Consent to or approval of alienation of allotments by Secretary of the Interior
Consent to or approval of alienation of allotments by Secretary of the Interior
Status: in_force

Whenever, in any law or treaty or in any patent issued to Indian allottees for lands in severalty pursuant to such law or treaty, there appears a provision to the effect that the lands so allotted cannot be alienated without the consent of the President of the United States, the Secretary of the Interior shall have full power and authority to consent to or approve of the alienation of such allotments, in whole or in part, in his discretion, by deed, will, lease, or any other form of conveyance, and such consent or approval by the Secretary of the Interior on and after September 21, 1922, had in all such cases shall have the same force and legal effect as though the consent or approval of the President had previously been obtained: Provided, however, That the approval by the Secretary of the Interior of wills by Indian allottees or their heirs involving lands held under such patents shall not operate to remove the restrictions against alienation unless such order of approval by said Secretary shall specifically so direct.

(Sept. 21, 1922, ch. 367, §6, 42 Stat. 995.)
25 U.S.C. § 941n (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIII: CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF ASSETS / Section 941n: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–116, §16, Oct. 27, 1993, 107 Stat. 1137, which related to tax treatment of income and transactions, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2502a (2024) — Title 25: INDIANS / Chapter 27: TRIBALLY CONTROLLED SCHOOL GRANTS / Section 2502a: Retrocession or re-assumption of Indian education funds
Retrocession or re-assumption of Indian education funds
Status: in_force

Beginning July 1, 2008, and thereafter, any funds (including investments and interest earned, except for construction funds) held by a Public Law 100–297 grant or a Public Law 93–638 contract school shall, upon retrocession to or re-assumption by the Bureau of Indian Education, remain available to the Bureau of Indian Education for a period of 5 years from the date of retrocession or re-assumption for the benefit of the programs approved for the school on October 1, 1995.

(Pub. L. 113–76, div. G, title I, §110, Jan. 17, 2014, 128 Stat. 312.)

Editorial Notes

References in Text

Public Law 100–297, referred to in text, is Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 130. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under section 6301 of Title 20, Education, and Tables.

Public Law 93–638, 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.

Codification

Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Tribally Controlled Schools Act of 1988 which comprises this chapter.
25 U.S.C. § 1760 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter IV: CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT / Section 1760: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–134, §11, Oct. 18, 1983, 97 Stat. 856, which provided for severability of provisions, was omitted from the Code as being of special and not general application.
25 U.S.C. § 764 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 764: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 96–227, §5, Apr. 3, 1980, 94 Stat. 319; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695, which related to governance of tribe by an Interim Council, was omitted from the Code as being of special and not general application.
25 U.S.C. § 899 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XL: MENOMINEE TRIBE OF WISCONSIN: TERMINATION OF FEDERAL SUPERVISION / Section 899: Repealed. Pub. L. 93-197, §3(b), Dec. 22, 1973, 87 Stat. 770
Repealed. Pub. L. 93-197, §3(b), Dec. 22, 1973, 87 Stat. 770
Status: repealed

Section, act June 17, 1954, ch. 303, §10, 68 Stat. 252, provided for publication in Federal Register by Secretary of a proclamation of transferred property.
25 U.S.C. § 788e (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIV: CREEK NATION OF INDIANS / Section 788e: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–506, §1, Sept. 21, 1968, 82 Stat. 85, which related to preparation of roll of Creek Indians who were living on Sept. 21, 1968, and whose names or ancestors' names appear on certain previously prepared rolls, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1774g (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter VIII: SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT / Section 1774g: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 101–503, §9, Nov. 3, 1990, 104 Stat. 1297, which related to limitation of action to contest constitutionality or validity of this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 711 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 711: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 95–195, §2, Nov. 18, 1977, 91 Stat. 1415, which set out definitions, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 95–195, §1, Nov. 18, 1977, 91 Stat. 1415, provided that Pub. L. 95–195, enacting this subchapter, could be cited as the "Siletz Indian Tribe Restoration Act".
25 U.S.C. § 334 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 334: Allotments to Indians not residing on reservations
Allotments to Indians not residing on reservations
Status: in_force

Where any Indian not residing upon a reservation, or for whose tribe no reservation has been provided by treaty, act of Congress, or executive order, shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her, and to his or her children, in quantities and manner as provided in this act for Indians residing upon reservations; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands in the manner and with the restrictions as provided in sections 348 and 349 of this title. And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them, from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Secretary of the Interior or such officer as he may designate, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.

(Feb. 8, 1887, ch. 119, §4, 24 Stat. 389; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Editorial Notes

References in Text

This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24 Stat. 388, and is popularly known as the Indian General Allotment Act. For classification of this act to the Code, see Short Title note set out under section 331 of this title and Tables.

The words "provided in sections 348 and 349 of this title", referred to in text, were in the original "as herein provided".

Statutory Notes and Related Subsidiaries

Permanent Appropriation; Repeals

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

Executive Documents

Transfer of Functions

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

"Secretary of the Interior or such officer as he may designate" substituted in text for "Commissioner of the General Land Office" on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5.
25 U.S.C. § 1195 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXI: CONFEDERATED TRIBES OF UMATILLA RESERVATION: DISTRIBUTION OF JUDGMENT FUND / Section 1195: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–259, §5, May 21, 1970, 84 Stat. 254, which provided for certain moneys withheld from per capita distribution to be invested or placed in trust and for the income thereon to be used for the education of members of the tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1777b (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XI: SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT / Section 1777b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 106–425, §4, Nov. 1, 2000, 114 Stat. 1892, which approved and ratified the Settlement Agreement, was omitted from the Code as being of special and not general application.
25 U.S.C. § 564r (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIII: KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION / Section 564r: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 13, 1954, ch. 732, §19, 68 Stat. 722, which related to termination of Federal powers over tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 6 (2024) — Title 25: INDIANS / Chapter 1: BUREAU OF INDIAN AFFAIRS / Section 6: Seal; authenticated and certified documents; evidence
Seal; authenticated and certified documents; evidence
Status: in_force

The Commissioner of Indian Affairs shall cause a seal to be made and provided for the said office, with such device as the President of the United States shall approve, and copies of any public documents, records, books, maps, or papers belonging to or on the files of said office, authenticated by the seal and certified by the Commissioner thereof, or by such officer as may, for the time being, be acting as or for such Commissioner, shall be evidence equally with the originals thereof.

(July 26, 1892, ch. 256, §3, 27 Stat. 273.)

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. § 407 (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 407: Sale of timber on unallotted lands
Sale of timber on unallotted lands
Status: in_force

Under regulations prescribed by the Secretary of the Interior, the timber on unallotted trust land in Indian reservations or on other land held in trust for tribes may be sold in accordance with the principles of sustained-yield management or to convert the land to a more desirable use. After deduction, if any, for administrative expenses under section 413 of this title, the proceeds of the sale shall be used—

(1) as determined by the governing bodies of the tribes concerned and approved by the Secretary, or

(2) in the absence of such a governing body, as determined by the Secretary for the tribe concerned.

(June 25, 1910, ch. 431, §7, 36 Stat. 857; Pub. L. 88–301, Apr. 30, 1964, 78 Stat. 186; Pub. L. 100–580, §13, Oct. 31, 1988, 102 Stat. 2936.)

Editorial Notes

Amendments

1988—Pub. L. 100–580 amended section generally. Prior to amendment, section read as follows: "The timber on unallotted lands of any Indian reservation may be sold in accordance with the principles of sustained yield, or in order to convert the land to a more desirable use, under regulations to be prescribed by the Secretary of the Interior, and the proceeds from such sales, after deductions for administrative expenses pursuant to section 413 of this title, shall be used for the benefit of the Indians who are members of the tribe or tribes concerned in such manner as he may direct."

1964—Pub. L. 88–301 substituted "timber" for "mature living and dead and down timber", provided for sale of timber in accordance with principles of sustained yield or in order to convert the land to a more desirable use, provided for deductions for administrative expenses from proceeds of sales, made the Indians who were tribal members the beneficiaries instead of the Indians of the reservation, and struck out proviso which made section inapplicable to Minnesota and Wisconsin.
25 U.S.C. § 2102 (2024) — Title 25: INDIANS / Chapter 23: DEVELOPMENT OF TRIBAL MINERAL RESOURCES / Section 2102: Minerals Agreements
Minerals Agreements
Status: in_force

(a) Authorization for tribes; approval by Secretary

Any Indian tribe, subject to the approval of the Secretary and any limitation or provision contained in its constitution or charter, may enter into any joint venture, operating, production sharing, service, managerial, lease or other agreement, or any amendment, supplement or other modification of such agreement (hereinafter referred to as a "Minerals Agreement") providing for the exploration for, or extraction, processing, or other development of, oil, gas, uranium, coal, geothermal, or other energy or nonenergy mineral resources (hereinafter referred to as "mineral resources") in which such Indian tribe owns a beneficial or restricted interest, or providing for the sale or other disposition of the production or products of such mineral resources.

(b) Inclusion of individual holdings; approval by parties and Secretary

Any Indian owning a beneficial or restricted interest in mineral resources may include such resources in a tribal Minerals Agreement subject to the concurrence of the parties and a finding by the Secretary that such participation is in the best interest of the Indian.

(Pub. L. 97–382, §3, Dec. 22, 1982, 96 Stat. 1938.)
25 U.S.C. § 980 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLVI: PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL SUPERVISION / Section 980: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 87–629, §10, Sept. 5, 1962, 76 Stat. 431, which related to termination of Federal trust relationship of the United States to the tribe and its members, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5398 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter V: TRIBAL SELF-GOVERNANCE-INDIAN HEALTH SERVICE / Section 5398: Appeals
Appeals
Status: in_force

In any appeal (including civil actions) involving decisions made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by clear and convincing evidence—

(1) the validity of the grounds for the decision made; and

(2) that the decision is fully consistent with provisions and policies of this subchapter.

(Pub. L. 93–638, title V, §518, as added Pub. L. 106–260, §4, Aug. 18, 2000, 114 Stat. 730.)

Editorial Notes

Codification

Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 681 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXIX: RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA / Section 681: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act June 19, 1952, ch. 445, §1, 66 Stat. 139, which authorized a $100 payment to each member of the Red Lake Band of Chippewa Indians of Minnesota alive on June 19, 1952, from proceeds of the sale of timber and lumber within the Red Lake Reservation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3651 (2024) — Title 25: INDIANS / Chapter 38A: INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE / Section 3651: Findings
Findings
Status: in_force

The Congress finds and declares that—

(1) there is a government-to-government relationship between the United States and Indian tribes;

(2) Indian tribes are sovereign entities and are responsible for exercising governmental authority over Indian lands;

(3) the rate of violent crime committed in Indian country is approximately twice the rate of violent crime committed in the United States as a whole;

(4) in any community, a high rate of violent crime is a major obstacle to investment, job creation and economic growth;

(5) tribal justice systems are an essential part of tribal governments and serve as important forums for ensuring the health and safety and the political integrity of tribal governments;

(6) Congress and the Federal courts have repeatedly recognized tribal justice systems as the most appropriate forums for the adjudication of disputes affecting personal and property rights on Native lands;

(7) enhancing tribal court systems and improving access to those systems serves the dual Federal goals of tribal political self-determination and economic self-sufficiency;

(8) there is both inadequate funding and an inadequate coordinating mechanism to meet the technical and legal assistance needs of tribal justice systems and this lack of adequate technical and legal assistance funding impairs their operation;

(9) tribal court membership organizations have served a critical role in providing training and technical assistance for development and enhancement of tribal justice systems;

(10) Indian legal services programs, as funded partially through the Legal Services Corporation, have an established record of providing cost effective legal assistance to Indian people in tribal court forums, and also contribute significantly to the development of tribal courts and tribal jurisprudence; and

(11) the provision of adequate technical assistance to tribal courts and legal assistance to both individuals and tribal courts is an essential element in the development of strong tribal court systems.

(Pub. L. 106–559, §2, Dec. 21, 2000, 114 Stat. 2778.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 106–559, §1, Dec. 21, 2000, 114 Stat. 2778, provided that: "This Act [enacting this chapter and amending section 3621 of this title and sections 1629e and 1629g of Title 43, Public Lands] may be cited as the 'Indian Tribal Justice Technical and Legal Assistance Act of 2000'."

Availability of Funds for Courts or Law Enforcement Officers of Certain Tribes or Villages

Pub. L. 108–199, div. B, title I, §112(a)(1), Jan. 23, 2004, 118 Stat. 62, which prohibited use of funds provided in div. B of Pub. L. 108–199 or on or after Jan. 23, 2004, for courts or law enforcement officers for a tribe or village in which fewer than 25 Native members live in the village year round or that is located within certain areas, was repealed by Pub. L. 111–211, title II, §247(e)(1), July 29, 2010, 124 Stat. 2297.
25 U.S.C. § 1773d (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter VII: WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT / Section 1773d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 101–41, §6, June 21, 1989, 103 Stat. 86, which related to one-time payment to each enrolled member and establishment of a permanent trust fund to enhance the ability of the tribe to provide services to its members, was omitted from the Code as being of special and not general application.
25 U.S.C. § 677k (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXVIII: UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD MEMBERS / Section 677k: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1009, §12, 68 Stat. 874, which related to adjustment of debts in making per capita payments to mixed-blood members and execution of mortgages on property, was omitted from the Code as being of special and not general application.
25 U.S.C. § 175 (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 175: United States attorneys to represent Indians
United States attorneys to represent Indians
Status: in_force

In all States and Territories where there are reservations or allotted Indians the United States attorney shall represent them in all suits at law and in equity.

(Mar. 3, 1893, ch. 209, §1, 27 Stat. 631; June 25, 1948, ch. 646, §1, 62 Stat. 909.)

Statutory Notes and Related Subsidiaries

Change of Name

"United States attorney" substituted in text for "United States district attorney" on authority of act June 25, 1948. See section 541 of Title 28, Judiciary and Judicial Procedure.
25 U.S.C. § 396d (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 396d: Rules and regulations governing operations; limitations on oil or gas leases
Rules and regulations governing operations; limitations on oil or gas leases
Status: in_force

All operations under any oil, gas, or other mineral lease issued pursuant to the terms of sections 396a to 396g of this title or any other Act affecting restricted Indian lands shall be subject to the rules and regulations promulgated by the Secretary of the Interior. In the discretion of the said Secretary, any lease for oil or gas issued under the provisions of sections 396a to 396g of this title shall be made subject to the terms of any reasonable cooperative unit or other plan approved or prescribed by said Secretary prior or subsequent to the issuance of any such lease which involves the development or production of oil or gas from land covered by such lease.

(May 11, 1938, ch. 198, §4, 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. § 389b (2024) — Title 25: INDIANS / Chapter 11: IRRIGATION OF ALLOTTED LANDS / Section 389b: Elimination to permanently nonirrigable lands
Elimination to permanently nonirrigable lands
Status: in_force

Where the Secretary finds that any such lands are permanently nonirrigable he may, with the consent of the landowner, eliminate such lands from the project.

(June 22, 1936, ch. 692, §3, 49 Stat. 1804.)
25 U.S.C. § 117 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 117: Repealed. Pub. L. 98-64, §4(a), Aug. 2, 1983, 97 Stat. 366
Repealed. Pub. L. 98-64, §4(a), Aug. 2, 1983, 97 Stat. 366
Status: repealed

Section, act June 10, 1896, ch. 398, §1, 29 Stat. 336, directed that any sums of money to be paid per capita to individual Indians be paid to said Indians by an officer of the Government designated by the Secretary of the Interior. See section 117a et seq. of this title.
25 U.S.C. § 450b (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter II: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 450b: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 450b was editorially reclassified as section 5304 of this title.
25 U.S.C. § 5356 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter III: INDIAN EDUCATION ASSISTANCE / Section 5356: Supplemental assistance to funds provided to local educational agencies
Supplemental assistance to funds provided to local educational agencies
Status: in_force

The assistance provided in this chapter for the education of Indians in the public schools of any State is in addition and supplemental to assistance provided under title VI of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7401 et seq.].

(Pub. L. 93–638, title II, §209, Jan. 4, 1975, 88 Stat. 2217; Pub. L. 103–382, title III, §393(c), Oct. 20, 1994, 108 Stat. 4027; Pub. L. 114–95, title IX, §9215(rr), Dec. 10, 2015, 129 Stat. 2181.)

Editorial Notes

References in Text

This chapter, referred to in text, 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.

The Elementary and Secondary Education Act of 1965, referred to in text, is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title VI of the Act is classified generally to subchapter VI (§7401 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.

Codification

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

Amendments

2015—Pub. L. 114–95 substituted "assistance provided under title VI of the Elementary and Secondary Education Act of 1965." for "assistance provided under title IX of the Elementary and Secondary Education Act of 1965."

1994—Pub. L. 103–382 substituted "title IX of the Elementary and Secondary Education Act of 1965" for "title IV of the Act of June 23, 1972 (86 Stat. 235)".
25 U.S.C. § 652 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXV: INDIANS OF CALIFORNIA / Section 652: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act May 18, 1928, ch. 624, §2, 45 Stat. 602; Pub. L. 97–164, title I, §150, Apr. 2, 1982, 96 Stat. 46; Pub. L. 100–352, §6(b), June 27, 1988, 102 Stat. 663; Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516, which related to claims against the United States for appropriated lands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 458ee (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter II: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 458ee: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 458ee was editorially reclassified as section 5365 of this title.
25 U.S.C. § 88 (2024) — Title 25: INDIANS / Chapter 3: AGREEMENTS WITH INDIANS / Subchapter II: CONTRACTS WITH INDIANS / Section 88: False vouchers, accounts, or claims
False vouchers, accounts, or claims
Status: in_force

Any disbursing or other officer of the United States, or other person, who shall knowingly present, or cause to be presented, any voucher, account, or claim to any officer of the United States, for approval or payment, or for the purpose of securing a credit in any account with the United States, relating to any matter pertaining to the Indian Service, which shall contain any material misrepresentation of fact in regard to the amount due or paid, the name or character of the article furnished or received; or of the service rendered, or to the date of purchase, delivery, or performance of service, or in any other particular, shall not be entitled to payment or credit for any part of said voucher, account, or claim; and if any such credit shall be given or received, or payment made, the United States may recharge the same to the officer or person receiving the credit or payment, and recover the amount from either or from both, in the same manner as other debts due the United States are collected: Provided, That where an account contains more than one voucher the foregoing shall apply only to such vouchers as contain the misrepresentation: And provided further, That the officers and persons by and between whom the business is transacted shall, in all civil actions in settlement of accounts, be presumed to know the facts in relation to the matter set forth in the voucher, account, or claim: And provided further, That the foregoing shall be in addition to the penalties prescribed by law, and in no way affect proceedings under existing law for like offenses. Where practicable this section shall be printed on the blank forms of vouchers provided for general use.

(July 4, 1884, ch. 180, §8, 23 Stat. 97.)

Executive Documents

Transfer of Functions

Transfer of disbursement functions of all Government agencies with certain exceptions to Fiscal Service, Department of the Treasury, see note set out under section 53 of this title.
25 U.S.C. § 669 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXVI: SOUTHERN UTE INDIAN TRIBE OF COLORADO / Section 669: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–312, §2, June 14, 1972, 86 Stat. 216, which required that all funds derived from the sale of lands pursuant to this subchapter be used for the purchase of real property within the boundaries of the Southern Ute Indian Reservation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1636 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter III: HEALTH FACILITIES / Section 1636: Grant program for construction, expansion, and modernization of small ambulatory care facilities
Grant program for construction, expansion, and modernization of small ambulatory care facilities
Status: in_force

(a) Authorization

(1) The Secretary, acting through the Service, shall make grants to tribes and tribal organizations for the construction, expansion, or modernization of facilities for the provision of ambulatory care services to eligible Indians (and noneligible persons as provided in subsection (c)(1)(C)). A grant made under this section may cover up to 100 percent of the costs of such construction, expansion, or modernization. For the purposes of this section, the term "construction" includes the replacement of an existing facility.

(2) A grant under paragraph (1) may only be made to a tribe or tribal organization operating an Indian health facility (other than a facility owned or constructed by the Service, including a facility originally owned or constructed by the Service and transferred to a tribe or tribal organization) pursuant to a contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.].

(b) Use of grant

(1) A grant provided under this section may be used only for the construction, expansion, or modernization (including the planning and design of such construction, expansion, or modernization) of an ambulatory care facility—

(A) located apart from a hospital;

(B) not funded under section 1631 of this title or section 1637 of this title; and

(C) which, upon completion of such construction, expansion, or modernization will—

(i) have a total capacity appropriate to its projected service population;

(ii) serve no less than 500 eligible Indians annually; and

(iii) provide ambulatory care in a service area (specified in the contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]) with a population of not less than 2,000 eligible Indians.

(2) The requirements of clauses (ii) and (iii) of paragraph (1)(C) shall not apply to a tribe or tribal organization applying for a grant under this section whose tribal government offices are located on an island.

(c) Application for grant

(1) No grant may be made under this section unless an application for such a grant has been submitted to and approved by the Secretary. An application for a grant under this section shall be submitted in such form and manner as the Secretary shall by regulation prescribe and shall set forth reasonable assurance by the applicant that, at all times after the construction, expansion, or modernization of a facility carried out pursuant to a grant received under this section—

(A) adequate financial support will be available for the provision of services at such facility;

(B) such facility will be available to eligible Indians without regard to ability to pay or source of payment; and

(C) such facility will, as feasible without diminishing the quality or quantity of services provided to eligible Indians, serve noneligible persons on a cost basis.

(2) In awarding grants under this section, the Secretary shall give priority to tribes and tribal organizations that demonstrate—

(A) a need for increased ambulatory care services; and

(B) insufficient capacity to deliver such services.

(d) Transfer of interest to United States upon cessation of facility

If any facility (or portion thereof) with respect to which funds have been paid under this section, ceases, at any time after completion of the construction, expansion, or modernization carried out with such funds, to be utilized for the purposes of providing ambulatory care services to eligible Indians, all of the right, title, and interest in and to such facility (or portion thereof) shall transfer to the United States.

(Pub. L. 94–437, title III, §306, as added Pub. L. 100–713, title III, §304, Nov. 23, 1988, 102 Stat. 4817; amended Pub. L. 102–573, title III, §303, Oct. 29, 1992, 106 Stat. 4561.)

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsecs. (a)(2) and (b)(1)(C)(iii), 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—Pub. L. 102–573 amended section generally, substituting provisions relating to grant program for construction, expansion, and modernization of small ambulatory care facilities for provisions relating to conveyance of certain real property under Alaska Native Claims Settlement Act.
25 U.S.C. § 1621w (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter II: HEALTH SERVICES / Section 1621w: Repealed. Pub. L. 111-148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935
Repealed. Pub. L. 111-148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935
Status: repealed

Section, Pub. L. 94–437, title II, §224, as added Pub. L. 102–573, title II, §217(a), Oct. 29, 1992, 106 Stat. 4559, authorized appropriations to carry out this subchapter through fiscal year 2000.

The repeal is based on section 101(b)(5) 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. § 1778h (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XII: TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT / Section 1778h: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 106–568, title VI, §610, Dec. 27, 2000, 114 Stat. 2912, which authorized appropriations, was omitted from the Code as being of special and not general application.
25 U.S.C. § 750 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 750: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §10, 68 Stat. 1103, which provided that nothing in this subchapter would affect the right to pursue claims against the United States before the former Indian Claims Commission, was omitted from the Code as being of special and not general application.
25 U.S.C. § 793 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXV: WYANDOTTE TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 793: Repealed. Pub. L. 95-281, §1(b)(1), May 15, 1978, 92 Stat. 246
Repealed. Pub. L. 95-281, §1(b)(1), May 15, 1978, 92 Stat. 246
Status: repealed

Section, act Aug. 1, 1956, ch. 843, §3, 70 Stat. 893, related to preparation and publication of membership roll.
25 U.S.C. § 1660f (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter IV: HEALTH SERVICES FOR URBAN INDIANS / Section 1660f: Community Health Representatives
Community Health Representatives
Status: in_force

The Secretary, acting through the Service, may enter into contracts with, and make grants to, urban Indian organizations for the employment of Indians trained as health service providers through the Community Health Representative Program under section 1616 of this title in the provision of health care, health promotion, and disease prevention services to urban Indians.

(Pub. L. 94–437, title V, §516, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 516 of Pub. L. 94–437 is based on section 165 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. § 677 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXVIII: UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD MEMBERS / Section 677: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1009, §1, 68 Stat. 868, which set out the purpose of this subchapter, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Repeal of Inconsistent Laws

Act Aug. 27, 1954, ch. 1009, §29, 68 Stat. 878, which provided for repeal of inconsistent laws, was omitted from the Code as being of special and not general application.

Separability

Act Aug. 27, 1954, ch. 1009, §30, 68 Stat. 878, which set forth separability provision, was omitted from the Code as being of special and not general application.
25 U.S.C. § 357 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 357: Condemnation of lands under laws of States
Condemnation of lands under laws of States
Status: in_force

Lands allotted in severalty to Indians may be condemned for any public purpose under the laws of the State or Territory where located in the same manner as land owned in fee may be condemned, and the money awarded as damages shall be paid to the allottee.

(Mar. 3, 1901, ch. 832, §3, 31 Stat. 1084.)

Editorial Notes

Codification

Section is comprised of the second paragraph of section 3 of act Mar. 3, 1901. The first paragraph of such section 3 is classified to section 319 of this title.
25 U.S.C. § 181 (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 181: Rights of white men marrying Indian women; tribal property
Rights of white men marrying Indian women; tribal property
Status: in_force

No white man, not otherwise a member of any tribe of Indians, who may after August 9, 1888, marry an Indian woman, member of any Indian tribe in the United States, or any of its Territories except the Five Civilized Tribes in the Indian Territory, shall by such marriage after August 9, 1888, acquire any right to any tribal property, privilege, or interest whatever to which any member of such tribe is entitled.

(Aug. 9, 1888, ch. 818, §1, 25 Stat. 392.)
25 U.S.C. § 5802 (2024) — Title 25: INDIANS / Chapter 50: NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM / Section 5802: Definitions
Definitions
Status: in_force

In this chapter:

(1) Business incubator

The term "business incubator" means an organization that—

(A) provides physical workspace and facilities resources to startups and established businesses; and

(B) is designed to accelerate the growth and success of businesses through a variety of business support resources and services, including—

(i) access to capital, business education, and counseling;

(ii) networking opportunities;

(iii) mentorship opportunities; and

(iv) other services intended to aid in developing a business.

(2) Eligible applicant

The term "eligible applicant" means an applicant eligible to apply for a grant under section 5803(b) of this title.

(3) Indian tribe

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

(4) Institution of higher education

The term "institution of higher education" has the meaning given the term in section 1001 of title 20.

(5) Native American; Native

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

(6) Native business

The term "Native business" means a business concern that is at least 51-percent owned and controlled by 1 or more Native Americans.

(7) Native entrepreneur

The term "Native entrepreneur" means an entrepreneur who is a Native American.

(8) Program

The term "program" means the program established under section 5803(a) of this title.

(9) Reservation

The term "reservation" has the meaning given the term in section 1452 of this title.

(10) Secretary

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

(11) Tribal college or university

The term "tribal college or university" has the meaning given the term "Tribal College or University" in section 1059c(b) of title 20.

(Pub. L. 116–174, §3, Oct. 20, 2020, 134 Stat. 839.)
25 U.S.C. § 3732 (2024) — Title 25: INDIANS / Chapter 39: AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT / Subchapter II: EDUCATION IN AGRICULTURE MANAGEMENT / Section 3732: Postgraduation recruitment, education and training programs
Postgraduation recruitment, education and training programs
Status: in_force

(a) Assumption of loans

The Secretary shall establish and maintain a program to attract Indian professionals who are graduates of a course of postsecondary or graduate education for employment in either the Bureau agriculture or related programs or, subject to the approval of the tribe, in tribal agriculture or related programs. According to such regulations as the Secretary may prescribe, such program shall provide for the employment of Indian professionals in exchange for the assumption by the Secretary of the outstanding student loans of the employee. The period of employment shall be determined by the amount of the loan that is assumed.

(b) Postgraduate intergovernmental internships

For the purposes of training, skill development and orientation of Indian and Federal agricultural management personnel, and the enhancement of tribal and Bureau agricultural resource programs, the Secretary shall establish and actively conduct a program for the cooperative internship of Federal and Indian agricultural resource personnel. Such program shall—

(1) for agencies within the Department of the Interior—

(A) provide for the internship of Bureau and Indian agricultural resource employees in the agricultural resource related programs of other agencies of the Department of the Interior, and

(B) provide for the internship of agricultural resource personnel from the other Department of the Interior agencies within the Bureau, and, with the consent of the tribe, within tribal agricultural resource programs;

(2) for agencies not within the Department of the Interior, provide, pursuant to an interagency agreement, internships within the Bureau and, with the consent of the tribe, within a tribal agricultural resource program of other agricultural resource personnel of such agencies who are above their sixth year of Federal service;

(3) provide for the continuation of salary and benefits for participating Federal employees by their originating agency;

(4) provide for salaries and benefits of participating Indian agricultural resource employees by the host agency; and

(5) provide for a bonus pay incentive at the conclusion of the internship for any participant.

(c) Continuing education and training

The Secretary shall maintain a program within the Trust Services Division of the Bureau for Indian agricultural resource personnel which shall provide for—

(1) orientation training for Bureau agricultural resource personnel in tribal-Federal relations and responsibilities;

(2) continuing technical agricultural resource education for Bureau and Indian agricultural resource personnel; and

(3) development training of Indian agricultural resource personnel in agricultural resource based enterprises and marketing.

(Pub. L. 103–177, title II, §202, Dec. 3, 1993, 107 Stat. 2020.)
25 U.S.C. § 941k (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIII: CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF ASSETS / Section 941k: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–116, §13, Oct. 27, 1993, 107 Stat. 1136, which related to acquisition or disposal of real estate outside the reservation by the tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4117 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter I: BLOCK GRANTS AND GRANT REQUIREMENTS / Section 4117: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated for grants under this subchapter such sums as may be necessary for each of fiscal years 2009 through 2013. This section shall take effect on October 26, 1996.

(Pub. L. 104–330, title I, §108, Oct. 26, 1996, 110 Stat. 4030; Pub. L. 107–292, §2(a), Nov. 13, 2002, 116 Stat. 2053; Pub. L. 110–411, title VII, §701(a), Oct. 14, 2008, 122 Stat. 4334.)

Editorial Notes

Amendments

2008—Pub. L. 110–411 substituted "2009 through 2013" for "1998 through 2007".

2002—Pub. L. 107–292 substituted "1998 through 2007" for "1998, 1999, 2000, and 2001".
25 U.S.C. § 1523 (2024) — Title 25: INDIANS / Chapter 17: FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS / Subchapter IV: INDIAN BUSINESS GRANTS / Section 1523: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated not to exceed the sum of $10,000,000 per year for fiscal year 1986 and each fiscal year thereafter for the purposes of this subchapter.

(Pub. L. 93–262, title IV, §403, Apr. 12, 1974, 88 Stat. 83; Pub. L. 95–68, July 20, 1977, 91 Stat. 272; Pub. L. 98–449, §10, Oct. 4, 1984, 98 Stat. 1726.)

Editorial Notes

Amendments

1984—Pub. L. 98–449 amended section generally, substituting "$10,000,000" for "$14,000,000" and "1986 and each fiscal year thereafter" for "1978 and 1979".

1977—Pub. L. 95–68 substituted "$14,000,000 for each of the fiscal years 1978 and 1979" for "$10,000,000 for each of the fiscal years 1975, 1976, and 1977".
25 U.S.C. § 1803 (2024) — Title 25: INDIANS / Chapter 20: TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE / Subchapter I: TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM / Section 1803: Grants authorized
Grants authorized
Status: in_force

(a) Purposes

The Secretary shall, subject to appropriations, make grants pursuant to this subchapter to tribally controlled colleges or universities to aid in the post-secondary education of Indian students.

(b) Deposit of funds; limitations on uses

Grants made pursuant to this subchapter shall go into the general operating funds of the institution to defray, at the determination of the tribally controlled college or university, expenditures for academic, educational, and administrative purposes and for the operation and maintenance of the college or university. Funds provided pursuant to this subchapter shall not be used in connection with religious worship or sectarian instruction.

(Pub. L. 95–471, title I, §102, Oct. 17, 1978, 92 Stat. 1326; Pub. L. 98–192, §3(a), Dec. 1, 1983, 97 Stat. 1336; Pub. L. 105–244, title IX, §901(b)(5), (6), (12), Oct. 7, 1998, 112 Stat. 1828.)

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–244, §901(b)(6), substituted "colleges or universities" for "community colleges".

Subsec. (b). Pub. L. 105–244, §901(b)(5), (12), substituted "controlled college or university" for "controlled community college" and "the college or university" for "the college".

1983—Subsec. (a). Pub. L. 98–192, §3(a)(1), substituted "shall, subject to appropriations," for "is authorized to".

Subsec. (b). Pub. L. 98–192, §3(a)(2), substituted "to defray, at the determination of the tribally controlled community college, expenditures for academic, educational, and administrative purposes and for the operation and maintenance of the college" for "to defray the expense of activities related to education programs for Indian students".

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. § 311 (2024) — Title 25: INDIANS / Chapter 8: RIGHTS-OF-WAY THROUGH INDIAN LANDS / Section 311: Opening highways
Opening highways
Status: in_force

The Secretary of the Interior is authorized to grant permission, upon compliance with such requirements as he may deem necessary, to the proper State or local authorities for the opening and establishment of public highways, in accordance with the laws of the State or Territory in which the lands are situated, through any Indian reservation or through any lands which have been allotted in severalty to any individual Indian under any laws or treaties but which have not been conveyed to the allottee with full power of alienation.

(Mar. 3, 1901, ch. 832, §4, 31 Stat. 1084.)
25 U.S.C. § 846 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXVII: OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 846: Repealed. Pub. L. 95-281, §1(b)(3), May 15, 1978, 92 Stat. 246
Repealed. Pub. L. 95-281, §1(b)(3), May 15, 1978, 92 Stat. 246
Status: repealed

Section, act Aug. 3, 1956, ch. 909, §6, 70 Stat. 964, authorized Secretary to execute patents, deeds, etc., as necessary for implementation of provisions for termination of supervision.
25 U.S.C. § 590b (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XV: SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 590b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–442, §2, Sept. 29, 1972, 86 Stat. 744, which related to disposition of funds credited to the Shoshone-Bannock Tribes of the Fort Hall Reservation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 715a (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 715a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Pub. L. 101–42, §3, June 28, 1989, 103 Stat. 91, which related to restoration of Federal recognition, rights, and privileges to the Coquille Tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 157 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter III: DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS / Section 157: Investments of stock required by treaties
Investments of stock required by treaties
Status: in_force

All investments of stock, that are or may be required by treaties with the Indians, shall be made under the direction of the President; and special accounts of the funds under such treaties shall be kept at the Treasury, and statements thereof be annually laid before Congress.

(R.S. §2095.)

Editorial Notes

Codification

R.S. §2095 derived from act Jan. 9, 1837, ch. 1, §3, 5 Stat. 135.
25 U.S.C. § 714a (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 714a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–481, §3, Oct. 17, 1984, 98 Stat. 2250, which related to extension of Federal recognition, rights, and privileges to the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1262 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXVIII: BLACKFEET AND GROS VENTRE TRIBES: DISTRIBUTION OF JUDGMENT FUND / Section 1262: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–254, §2, Mar. 18, 1972, 86 Stat. 64, which related to membership roll and per capita distributions to tribal members, was omitted from the Code as being of special and not general application.
25 U.S.C. § 295 (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 295: Supervision of expenditure of appropriations for school purposes
Supervision of expenditure of appropriations for school purposes
Status: in_force

All expenditure of money herein or after April 30, 1908, appropriated for school purposes among the Indians, shall be at all times under the supervision and direction of the Commissioner of Indian Affairs, and in all respects in conformity with such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money as may be from time to time prescribed by him, subject to the supervision of the Secretary of the Interior.

(Apr. 30, 1908, ch. 153, 35 Stat. 72.)

Editorial Notes

Codification

Act Apr. 30, 1908, embodied restrictions as to the amount which might be expended for the annual support and education of any one pupil and specified the method for determining the number of pupils in any school entitled to the per capita allowance provided for by the act.

Statutory Notes and Related Subsidiaries

School and Employment Transportation

Separate appropriations for collection and transportation of pupils to and from Indian schools, etc., with a proviso that a specified part of the amount so appropriated may be used in placing Indian youths in employment in industrial pursuits were made by the following appropriation acts:

Mar. 3, 1925, ch. 462, 43 Stat. 1155.

May 24, 1922, ch. 199, 42 Stat. 562.

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. § 1778b (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XII: TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT / Section 1778b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 106–568, title VI, §604, Dec. 27, 2000, 114 Stat. 2908, which ratified the Settlement Agreement, was omitted from the Code as being of special and not general application.
25 U.S.C. § 609a (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XVII: YAKIMA TRIBES / Section 609a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–278, §2, Mar. 30, 1968, 82 Stat. 69, which exempted funds distributed to tribe members from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 841 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXVII: OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 841: Repealed. Pub. L. 95-281, §1(b)(3), May 15, 1978, 92 Stat. 246
Repealed. Pub. L. 95-281, §1(b)(3), May 15, 1978, 92 Stat. 246
Status: repealed

Section, act Aug. 3, 1956, ch. 909, §1, 70 Stat. 963, set out purpose of former sections 841 to 853 of this title as termination of Federal supervision and services for tribe.

Statutory Notes and Related Subsidiaries

Repeal of Inconsistent Laws

Act Aug. 3, 1956, ch. 909, §13, 70 Stat. 965, which related to repeal of inconsistent Acts, etc., was repealed by Pub. L. 95–281, §1(b)(3), May 15, 1978, 92 Stat. 246.

Separability

Act Aug. 3, 1956, ch. 909, §14, 70 Stat. 965, which provided for validity of remainder of act of Aug. 3, 1956, in event of determination of invalidity of any part of such act, was repealed by Pub. L. 95–281, §1(b)(3), May 15, 1978, 92 Stat. 246.
25 U.S.C. § 4045 (2024) — Title 25: INDIANS / Chapter 42: AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM / Subchapter III: SPECIAL TRUSTEE FOR AMERICAN INDIANS / Section 4045: Staff and consultants
Staff and consultants
Status: in_force

(a) Staff

The Special Trustee may employ such staff as the Special Trustee deems necessary. The Special Trustee may request staff assistance from within the Department and any office or Bureau thereof as the Special Trustee deems necessary.

(b) Contracts

To the extent and in such amounts as may be provided in advance by appropriations Acts, the Special Trustee may enter into contracts and other arrangements with public agencies and with private persons and organizations for consulting services and make such payments as necessary to carry out the provisions of this subchapter.

(Pub. L. 103–412, title III, §305, Oct. 25, 1994, 108 Stat. 4248.)
25 U.S.C. § 46 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 46: Preference to Indians in employment of clerical, mechanical, and other help
Preference to Indians in employment of clerical, mechanical, and other help
Status: in_force

Preference shall at all times, as far as practicable, be given to Indians in the employment of clerical, mechanical, and other help on reservations and about agencies.

(May 17, 1882, ch. 163, §6, 22 Stat. 88; July 4, 1884, ch. 180, §6, 23 Stat. 97.)

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. § 13a (2024) — Title 25: INDIANS / Chapter 1: BUREAU OF INDIAN AFFAIRS / Section 13a: Carryover funding
Carryover funding
Status: in_force

Notwithstanding any other provision of law, any funds appropriated pursuant to section 13 of this title, for any fiscal year which are not obligated or expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation or expenditures during such succeeding fiscal year. In the case of amounts made available to a tribal organization under a self-determination contract, if the funds are to be expended in the succeeding fiscal year for the purpose for which they were originally appropriated, contracted or granted, or for which they are authorized to be used pursuant to the provisions of section 5325(a)(3) 1 of this title, no additional justification or documentation of such purposes need be provided by the tribal organization to the Secretary as a condition of receiving or expending such funds.

(Pub. L. 93–638, §8, Jan. 4, 1975, 88 Stat. 2206; Pub. L. 100–472, title I, §105, Oct. 5, 1988, 102 Stat. 2287.)

Editorial Notes

References in Text

Section 5325(a)(3) of this title, referred to in text, was repealed and a new subsec. (a)(3) of section 5325 was added by Pub. L. 103–413, title I, §102(14)(C), Oct. 25, 1994, 108 Stat. 4257. See section 5325(a)(4) of this title.

Amendments

1988—Pub. L. 100–472 amended section generally. Prior to amendment, section read as follows: "The provisions of any other laws to the contrary notwithstanding, any funds appropriated pursuant to section 13 of this title, for any fiscal year which are not obligated and expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year."

1 See References in Text note below.
25 U.S.C. § 1680g (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter VI: MISCELLANEOUS / Section 1680g: Reallocation of base resources
Reallocation of base resources
Status: in_force

(a) Report to Congress

Notwithstanding any other provision of law, any allocation of Service funds for a fiscal year that reduces by 5 percent or more from the previous fiscal year the funding for any recurring program, project, or activity of a service unit may be implemented only after the Secretary has submitted to the President, for inclusion in the report required to be transmitted to the Congress under section 1671 of this title, a report on the proposed change in allocation of funding, including the reasons for the change and its likely effects.

(b) Appropriated amounts

Subsection (a) shall not apply if the total amount appropriated to the Service for a fiscal year is less than the amount appropriated to the Service for previous fiscal year.

(Pub. L. 94–437, title VIII, §817, formerly title VII, §717, as added Pub. L. 100–713, title VII, §711, Nov. 23, 1988, 102 Stat. 4833; renumbered title VIII, §817, and amended Pub. L. 102–573, title VII, §701(a), (b), title VIII, §805, Oct. 29, 1992, 106 Stat. 4572, 4585.)

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–573, §805, substituted "Secretary has submitted to the President, for inclusion in the report required to be transmitted to the Congress under section 1671 of this title," for "Secretary has submitted to the Congress".
25 U.S.C. § 1773c (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter VII: WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT / Section 1773c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 101–41, §5, June 21, 1989, 103 Stat. 86, which related to standards to be applied by the Secretary of the Interior in accepting additional lands in trust, was omitted from the Code as being of special and not general application.
25 U.S.C. § 316 (2024) — Title 25: INDIANS / Chapter 8: RIGHTS-OF-WAY THROUGH INDIAN LANDS / Section 316: Rights of several roads through canyons
Rights of several roads through canyons
Status: in_force

The provisions of section 935 1 of title 43 relating to the rights of several railroads through any canyon, pass, or defile are extended and made applicable to rights of way granted under sections 312 to 318 of this title and to railroad companies obtaining such rights of way.

(Mar. 2, 1899, ch. 374, §6, 30 Stat. 992.)

Editorial Notes

References in Text

Section 935 of title 43, referred to in text, was repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, under, and through the public lands and lands in the National Forest System.

1 See References in Text note below.
25 U.S.C. § 593 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XVI: CHIPPEWA TRIBE OF MINNESOTA / Section 593: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act June 8, 1940, ch. 285, §3, 54 Stat. 255, which authorized exchanges of allotted, restricted, and tribal lands for Chippewa National Forest lands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 272 (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 272: Superintendent of Indian schools
Superintendent of Indian schools
Status: in_force

There shall be appointed by the President, by and with the advice and consent of the Senate, a person of knowledge and experience in the management, training, and practical education of children, to be Superintendent of Indian Schools, whose duty it shall be to visit and inspect the schools in which Indians are taught in whole or in part from appropriations from the United States Treasury, and report to the Commissioner of Indian Affairs, what, in his judgment, are the defects, if any, in any of them, in system, in administration, or in means for the most effective advancement of the pupils therein toward civilization and self-support, and what changes are needed to remedy such defects as may exist, and to perform such other duties in connection with Indian schools as may be prescribed by the Secretary of the Interior.

(Mar. 2, 1889, ch. 412, §10, 25 Stat. 1003.)

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. § 1952 (2024) — Title 25: INDIANS / Chapter 21: INDIAN CHILD WELFARE / Subchapter III: RECORDKEEPING, INFORMATION AVAILABILITY, AND TIMETABLES / Section 1952: Rules and regulations
Rules and regulations
Status: in_force

Within one hundred and eighty days after November 8, 1978, the Secretary shall promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter.

(Pub. L. 95–608, title III, §302, Nov. 8, 1978, 92 Stat. 3077.)
25 U.S.C. § 1300k (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXXXII: LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS; LITTLE RIVER BAND OF OTTAWA INDIANS / Section 1300k: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–324, §2, Sept. 21, 1994, 108 Stat. 2156, 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. 103–324, §1, Sept. 21, 1994, 108 Stat. 2156, provided that Pub. L. 103–324, enacting this subchapter, could be cited as the "Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act".
25 U.S.C. § 292 (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 292: Suspension or discontinuance of schools
Suspension or discontinuance of schools
Status: in_force

The Commissioner of Indian Affairs may, when in his judgment the good of the service will be promoted thereby, suspend or discontinue any reservation Indian school, and, with the approval of the Secretary of the Interior, may sell any reservation school building or plant that is no longer desirable as an Indian school upon any reservation and invest the proceeds in other school buildings and plants, as the needs of the service may demand, under such rules and regulations as he may, with the approval of the Secretary of the Interior, prescribe.

(Apr. 21, 1904, ch. 1402, §1, 33 Stat. 211.)

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. § 1085 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LII: QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND / Section 1085: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–655, §5, Oct. 14, 1966, 80 Stat. 905, which related to development and adoption of a tribal organizational document upon completion of Hoh base roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 849 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXVII: OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION / Section 849: Repealed. Pub. L. 95-281, §1(b)(3), May 15, 1978, 92 Stat. 246
Repealed. Pub. L. 95-281, §1(b)(3), May 15, 1978, 92 Stat. 246
Status: repealed

Section, act Aug. 3, 1956, ch. 909, §9, 70 Stat. 965, provided for revocation of tribal corporate charter and termination of Federal powers over tribe.
25 U.S.C. § 745 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 745: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §5, 68 Stat. 1100, which related to transfer of tribal real property that is under supervision of the United States, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1665d (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter V: ORGANIZATIONAL IMPROVEMENTS / Section 1665d: Mental health technician program
Mental health technician program
Status: in_force

(a) In general

Pursuant to section 13 of this title, the Secretary shall establish and maintain a mental health technician program within the Service which—

(1) provides for the training of Indians as mental health technicians; and

(2) employs such technicians in the provision of community-based mental health care that includes identification, prevention, education, referral, and treatment services.

(b) Paraprofessional training

In carrying out subsection (a), the Secretary, acting through the Service, shall provide high-standard paraprofessional training in mental health care necessary to provide quality care to the Indian communities to be served. Such training shall be based upon a curriculum developed or approved by the Secretary which combines education in the theory of mental health care with supervised practical experience in the provision of such care.

(c) Supervision and evaluation of technicians

The Secretary, acting through the Service, shall supervise and evaluate the mental health technicians in the training program.

(d) Traditional health care practices

The Secretary, acting through the Service, shall ensure that the program established pursuant to this section involves the use and promotion of the traditional health care practices of the Indian tribes to be served.

(Pub. L. 94–437, title VII, §705, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 705 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 1665d, Pub. L. 94–437, title VII, §705, as added Pub. L. 102–573, title VII, §702(a), Oct. 29, 1992, 106 Stat. 4576, provided for program of training and community education about alcohol and substance abuse, prior to the general amendment of this subchapter by Pub. L. 111–148.
25 U.S.C. § 1933 (2024) — Title 25: INDIANS / Chapter 21: INDIAN CHILD WELFARE / Subchapter II: INDIAN CHILD AND FAMILY PROGRAMS / Section 1933: Funds for on and off reservation programs
Funds for on and off reservation programs
Status: in_force

(a) Appropriated funds for similar programs of Department of Health and Human Services; appropriation in advance for payments

In the establishment, operation, and funding of Indian child and family service programs, both on and off reservation, the Secretary may enter into agreements with the Secretary of Health and Human Services, and the latter Secretary is hereby authorized for such purposes to use funds appropriated for similar programs of the Department of Health and Human Services: Provided, That authority to make payments pursuant to such agreements shall be effective only to the extent and in such amounts as may be provided in advance by appropriation Acts.

(b) Appropriation authorization under section 13 of this title

Funds for the purposes of this chapter may be appropriated pursuant to the provisions of section 13 of this title.

(Pub. L. 95–608, title II, §203, Nov. 8, 1978, 92 Stat. 3076; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

Statutory Notes and Related Subsidiaries

Change of Name

"Secretary of Health and Human Services" and "Department of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" and "Department of Health, Education, and Welfare", respectively, in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.
25 U.S.C. § 477 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 477: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 477 was editorially reclassified as section 5124 of this title.
25 U.S.C. § 3204 (2024) — Title 25: INDIANS / Chapter 34: INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION / Section 3204: Central registry
Central registry
Status: in_force

(a) Preparation of study

The Secretary, in consultation with the Secretary of Health and Human Services and the Attorney General of the United States, is hereby authorized and directed to prepare a written study on the feasibility of, and need for, the establishment of a Central Register for reports or information on the abuse of children in Indian country.

(b) Content of study

The study conducted pursuant to subsection (a) shall include, but shall not be limited to—

(1) the need for, and purpose of, a Central Register;

(2) the examination of due process implication of the maintenance of such a register;

(3) the extension of access to information contained in the register;

(4) the need and process for expunging information from the register;

(5) the types, and duration of maintenance, of information in the register; and

(6) the classes of persons who should be covered by such register.

(c) Submission to Congress

The Secretary shall complete the study conducted pursuant to this section and shall submit such study, together with recommendations and draft legislation to implement such recommendations, to the Congress within 180 days after November 28, 1990.

(Pub. L. 101–630, title IV, §405, Nov. 28, 1990, 104 Stat. 4549.)