25 U.S.C. § 4224 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4224: Review of plans
Review of plans
Status: in_force

(a) Review and notice

(1) Review

(A) In general

The Secretary shall conduct a review of a housing plan submitted to the Secretary under section 4223 of this title to ensure that the plan complies with the requirements of that section.

(B) Limitation

The Secretary shall have the discretion to review a plan referred to in subparagraph (A) only to the extent that the Secretary considers that the review is necessary.

(2) Notice

(A) In general

Not later than 60 days after receiving a plan under section 4223 of this title, the Secretary shall notify the Director of the Department of Hawaiian Home Lands whether the plan complies with the requirements under that section.

(B) Effect of failure of Secretary to take action

For purposes of this subchapter, if the Secretary does not notify the Director, as required under this subsection and subsection (b), upon the expiration of the 60-day period described in subparagraph (A)—

(i) the plan shall be considered to have been determined to comply with the requirements under section 4223 of this title; and

(ii) the Director shall be considered to have been notified of compliance.

(b) Notice of reasons for determination of noncompliance

If the Secretary determines that a plan submitted under section 4223 of this title does not comply with the requirements of that section, the Secretary shall specify in the notice under subsection (a)—

(1) the reasons for noncompliance; and

(2) any modifications necessary for the plan to meet the requirements of section 4223 of this title.

(c) Review

(1) In general

After the Director of the Department of Hawaiian Home Lands submits a housing plan under section 4223 of this title, or any amendment or modification to the plan to the Secretary, to the extent that the Secretary considers such action to be necessary to make a determination under this subsection, the Secretary shall review the plan (including any amendments or modifications thereto) to determine whether the contents of the plan—

(A) set forth the information required by section 4223 of this title to be contained in the housing plan;

(B) are consistent with information and data available to the Secretary; and

(C) are not prohibited by or inconsistent with any provision of this chapter or any other applicable law.

(2) Incomplete plans

If the Secretary determines under this subsection that any of the appropriate certifications required under section 4223(c)(2)(E) of this title are not included in a plan, the plan shall be considered to be incomplete.

(d) Updates to plan

(1) In general

Subject to paragraph (2), after a plan under section 4223 of this title has been submitted for a fiscal year, the Director of the Department of Hawaiian Home Lands may comply with the provisions of that section for any succeeding fiscal year (with respect to information included for the 5-year period under section 4223(b) of this title or for the 1-year period under section 4223(c) of this title) by submitting only such information regarding such changes as may be necessary to update the plan previously submitted.

(2) Complete plans

The Director shall submit a complete plan under section 4223 of this title not later than 4 years after submitting an initial plan under that section, and not less frequently than every 4 years thereafter.

(e) Effective date

This section and section 4223 of this title shall take effect on the date provided by the Secretary pursuant to section 4227(a) 1 of this title to provide for timely submission and review of the housing plan as necessary for the provision of assistance under this subchapter for fiscal year 2001.

(Pub. L. 104–330, title VIII, §804, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2881, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2975.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (c)(1)(C), 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.

Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted substantially identical sections 804 of Pub. L. 104–330. This section is based on the text of section 804 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.

1 So in original. Probably should be section "4227".
25 U.S.C. § 1293 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXXI: DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1293: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–456, §3, Oct. 3, 1972, 86 Stat. 762, which related to applications for enrollment in tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 912 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLII: QUAPAW TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 912: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 86–97, §2, July 17, 1959, 73 Stat. 222, which related to per capita payments to tribal members from funds appropriated for a certain judgment against the United States and exemption of such payments from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 296 (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 296: Repealed. Mar. 2, 1929, ch. 576, 45 Stat. 1534
Repealed. Mar. 2, 1929, ch. 576, 45 Stat. 1534
Status: repealed

Section, acts Apr. 30, 1908, ch. 153, 35 Stat. 72; June 30, 1919, ch. 4, §1, 41 Stat. 6; Feb. 21, 1925, ch. 280, 43 Stat. 958, placed a limitation on per capita expenditure for school purposes.
25 U.S.C. § 565f (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIV: KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 565f: Repealed. Pub. L. 117-261, §2, Dec. 21, 2022, 136 Stat. 2393
Repealed. Pub. L. 117-261, §2, Dec. 21, 2022, 136 Stat. 2393
Status: repealed

Section, Pub. L. 89–224, §7, Oct 1, 1965, 79 Stat. 898, exempted funds distributed pursuant to this subchapter from Federal and State income taxes.
25 U.S.C. § 1778c (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XII: TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT / Section 1778c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 106–568, title VI, §605, Dec. 27, 2000, 114 Stat. 2908, which related to establishment and administration of tribal and allottees settlement trust fund accounts, was omitted from the Code as being of special and not general application.
25 U.S.C. § 941b (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIII: CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF ASSETS / Section 941b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–116, §4, Oct. 27, 1993, 107 Stat. 1121, which related to restoration of Federal trust relationship between the Tribe and the United States, was omitted from the Code as being of special and not general application.
25 U.S.C. § 475 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 475: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 475 was editorially reclassified as section 5121 of this title.
25 U.S.C. § 751 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 751: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §11, 68 Stat. 1103, which provided that nothing in this subchapter would abrogate any valid lease, permit, license, right-of-way, lien, or other contract approved before Sept. 1, 1954, was omitted from the Code as being of special and not general application.
25 U.S.C. § 461 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 461: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 461 was editorially reclassified as section 5101 of this title.
25 U.S.C. § 485 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 485: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act July 14, 1954, ch. 472, §2, 68 Stat. 468, which authorized Cheyenne River Sioux Tribe and Standing Rock Sioux Tribe to pay assignment holders moneys collected for use of subsurface rights, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5394 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter V: TRIBAL SELF-GOVERNANCE-INDIAN HEALTH SERVICE / Section 5394: Reports
Reports
Status: in_force

(a) Annual report

(1) In general

Not later than January 1 of each year after August 18, 2000, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives a written report regarding the administration of this subchapter.

(2) Analysis

The report under paragraph (1) shall include a detailed analysis of the level of need being presently funded or unfunded for each Indian tribe, either directly by the Secretary, under self-determination contracts under subchapter I of this chapter, or under compacts and funding agreements authorized under this chapter. In compiling reports pursuant to this section, the Secretary may not impose any reporting requirements on participating Indian tribes or tribal organizations, not otherwise provided in this chapter.

(b) Contents

The report under subsection (a) of this section shall—

(1) be compiled from information contained in funding agreements, annual audit reports, and data of the Secretary regarding the disposition of Federal funds; and

(2) identify—

(A) the relative costs and benefits of self-governance;

(B) with particularity, all funds that are specifically or functionally related to the provision by the Secretary of services and benefits to self-governance Indian tribes and their members;

(C) the funds transferred to each self-governance Indian tribe and the corresponding reduction in the Federal bureaucracy;

(D) the funding formula for individual tribal shares of all headquarters funds, together with the comments of affected Indian tribes or tribal organizations, developed under subsection (c) of this section; and

(E) amounts expended in the preceding fiscal year to carry out inherent Federal functions, including an identification of those functions by type and location;

(3) contain a description of the method or methods (or any revisions thereof) used to determine the individual tribal share of funds controlled by all components of the Indian Health Service (including funds assessed by any other Federal agency) for inclusion in self-governance compacts or funding agreements;

(4) before being submitted to Congress, be distributed to the Indian tribes for comment (with a comment period of no less than 30 days, beginning on the date of distribution); and

(5) include the separate views and comments of the Indian tribes or tribal organizations.

(c) Report on fund distribution method

Not later than 180 days after August 18, 2000, the Secretary shall, after consultation with Indian tribes, submit a written report to the Committee on Resources of the House of Representatives and the Committee on Indian Affairs of the Senate that describes the method or methods used to determine the individual tribal share of funds controlled by all components of the Indian Health Service (including funds assessed by any other Federal agency) for inclusion in self-governance compacts or funding agreements.

(Pub. L. 93–638, title V, §514, as added Pub. L. 106–260, §4, Aug. 18, 2000, 114 Stat. 728.)

Editorial Notes

References in Text

Subchapter I of this chapter, referred to in subsec. (a)(2), was in the original "title I", meaning title I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to subchapter I (§5321 et seq.) of this chapter. For complete classification of title I to the Code, see Short Title note set out under section 5301 of this title and Tables.

This chapter, referred to in subsec. (a)(2), 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.

Codification

Section was formerly classified to section 458aaa–13 of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
25 U.S.C. § 1778f (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XII: TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT / Section 1778f: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 106–568, title VI, §608, Dec. 27, 2000, 114 Stat. 2912, which related to satisfaction of claims regarding lack of drainage of tribal and allottee lands and approval of releases and waivers required by the Settlement Agreement and this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 451 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter II: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 451: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 451 was editorially reclassified as section 5341 of this title.
25 U.S.C. § 979 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLVI: PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL SUPERVISION / Section 979: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 87–629, §9, Sept. 5, 1962, 76 Stat. 430, which authorized the use of tribal funds for the payment of expenses of the tribe under this subchapter and authorized appropriations from the Treasury to reimburse the tribe for such expenditures, was omitted from the Code as being of special and not general application.
25 U.S.C. § 881a (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXIX: INDIANS OF OKLAHOMA / Section 881a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–401, §2, Sept. 16, 1970, 84 Stat. 838, which related to payments to minor members of the Potawatomi Indians and members under legal disability, was omitted from the Code as being of special and not general application.
25 U.S.C. § 403b (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 403b: Lease of restricted lands in State of Washington
Lease of restricted lands in State of Washington
Status: in_force

Notwithstanding any other provisions of law, with the consent in writing of the individual Indian, association of Indians, or Indian tribe concerned, any restricted Indian lands situated within the State of Washington may be leased for religious, educational, recreational, business, or public purposes, including, but not limited to, airports, experimental station, stockyards, warehouses, and grain elevators, for periods not to exceed twenty-five years under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That nothing in this section or section 403c of this title shall be deemed to authorize such leases for the exploitation of any natural resources.

(Aug. 9, 1946, ch. 929, §1, 60 Stat. 962.)
25 U.S.C. § 1083 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LII: QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND / Section 1083: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–655, §3, Oct. 14, 1966, 80 Stat. 905, which related to criteria to be employed in preparing Quileute base roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2718 (2024) — Title 25: INDIANS / Chapter 29: INDIAN GAMING REGULATION / Section 2718: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a) Subject to section 2717 of this title, there are authorized to be appropriated, for fiscal year 1998, and for each fiscal year thereafter, an amount equal to the amount of funds derived from the assessments authorized by section 2717(a) of this title.

(b) Notwithstanding section 2717 of this title, there are authorized to be appropriated to fund the operation of the Commission, $2,000,000 for fiscal year 1998, and $2,000,000 for each fiscal year thereafter. The amounts authorized to be appropriated in the preceding sentence shall be in addition to the amounts authorized to be appropriated under subsection (a).

(Pub. L. 100–497, §19, Oct. 17, 1988, 102 Stat. 2485; Pub. L. 102–238, §2(b), Dec. 17, 1991, 105 Stat. 1908; Pub. L. 105–83, title I, §123(b), Nov. 14, 1997, 111 Stat. 1566; Pub. L. 105–119, title VI, §627, Nov. 26, 1997, 111 Stat. 2522.)

Editorial Notes

Amendments

1997—Subsec. (a). Pub. L. 105–119 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Subject to the provisions of section 2717 of this title, there are hereby authorized to be appropriated for fiscal year 1998, and for each fiscal year thereafter, an amount equal to the amount of funds derived from the assessments authorized by section 2717(a) of this title for the fiscal year immediately preceding the fiscal year involved, for the operation of the Commission."

Pub. L. 105–83, §123(b)(1), substituted "for fiscal year 1998, and for each fiscal year thereafter, an amount equal to the amount of funds derived from the assessments authorized by section 2717(a) of this title for the fiscal year immediately preceding the fiscal year involved," for "such sums as may be necessary".

Subsec. (b). Pub. L. 105–83, §123(b)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: "Notwithstanding the provisions of section 2717 of this title, there are hereby authorized to be appropriated not to exceed $2,000,000 to fund the operation of the Commission for each of the fiscal years beginning October 1, 1988, and October 1, 1989. Notwithstanding the provisions of section 2717 of this title, there are authorized to be appropriated such sums as may be necessary to fund the operation of the Commission for each of the fiscal years beginning October 1, 1991, and October 1, 1992."

1991—Subsec. (b). Pub. L. 102–238 inserted at end "Notwithstanding the provisions of section 2717 of this title, there are authorized to be appropriated such sums as may be necessary to fund the operation of the Commission for each of the fiscal years beginning October 1, 1991, and October 1, 1992."
25 U.S.C. § 5108 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5108: Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax exemption
Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax exemption
Status: in_force

The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians.

For the acquisition of such lands, interests in lands, water rights, and surface rights, and for expenses incident to such acquisition, there is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, a sum not to exceed $2,000,000 in any one fiscal year: Provided, That no part of such funds shall be used to acquire additional land outside of the exterior boundaries of Navajo Indian Reservation for the Navajo Indians in Arizona, nor in New Mexico, in the event that legislation to define the exterior boundaries of the Navajo Indian Reservation in New Mexico, and for other purposes, or similar legislation, becomes law.

The unexpended balances of any appropriations made pursuant to this section shall remain available until expended.

Title to any lands or rights acquired pursuant to this Act or the Act of July 28, 1955 (69 Stat. 392), as amended (25 U.S.C. 608 et seq.) 1 shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired, and such lands or rights shall be exempt from State and local taxation.

(June 18, 1934, ch. 576, §5, 48 Stat. 985; Pub. L. 100–581, title II, §214, Nov. 1, 1988, 102 Stat. 2941.)

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.

Act of July 28, 1955, referred to in text, is act July 28, 1955, ch. 423, 69 Stat. 392, which was classified to sections 608 to 608c of this title prior to omission from the Code as being of special and not general application.

Codification

Section was formerly classified to section 465 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1988—Pub. L. 100–581 inserted "or the Act of July 28, 1955 (69 Stat. 392), as amended (25 U.S.C. 608 et seq.)" after "this Act".

1 See References in Text note below.
25 U.S.C. § 1452 (2024) — Title 25: INDIANS / Chapter 17: FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS / Section 1452: Definitions
Definitions
Status: in_force

For the purpose of this chapter, the term—

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

(b) "Indian" means any person who is a member of any Indian tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any "Native" as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].

(c) "Tribe" means any Indian tribe, band, group, pueblo, or community, including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs.

(d) "Reservation" includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].

(e) "Economic enterprise" means any Indian-owned (as defined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit: Provided, That such Indian ownership shall constitute not less than 51 per centum of the enterprise.

(f) "Organization", unless otherwise specified, shall be the governing body of any Indian tribe, as defined in subsection (c), or entity established or recognized by such governing body for the purpose of this chapter.

(g) "Other organizations" means any non-Indian individual, firm, corporation, partnership, or association.

(h) "Surety" has the same meaning as in section 694a of title 15.

(i) "Surety Bond" means a bid bond, payment bond, or performance bond as those terms are defined in section 694a of title 15.

(Pub. L. 93–262, §3, Apr. 12, 1974, 88 Stat. 77; Pub. L. 100–442, §5(b), Sept. 22, 1988, 102 Stat. 1764.)

Editorial Notes

References in Text

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

Amendments

1988—Pars. (h), (i). Pub. L. 100–442 added pars. (h) and (i).
25 U.S.C. § 732 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXI: ALABAMA AND COUSHATTA INDIANS OF TEXAS: TERMINATION OF FEDERAL SUPERVISION / Section 732: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 100–89, title II, §202, Aug. 18, 1987, 101 Stat. 670, which provided that the Alabama and Coushatta Tribes be considered as one tribal unit for purposes of this subchapter and any other law or rule of law of the United States, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4303 (2024) — Title 25: INDIANS / Chapter 44: NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND TOURISM / Section 4303: Office of Native American Business Development
Office of Native American Business Development
Status: in_force

(a) In general

(1) Establishment

There is established within the Office of the Secretary an office known as the Office of Native American Business Development.

(2) Director

The Office shall be headed by a Director, appointed by the Secretary, whose title shall be the Director of Native American Business Development. The Director shall be compensated at a rate not to exceed level V of the Executive Schedule under section 5316 of title 5.

(b) Duties of the Secretary

(1) In general

The Secretary, acting through the Director, shall ensure the coordination of Federal programs that provide assistance, including financial and technical assistance, to eligible entities for increased business, the expansion of trade by eligible entities, and economic development on Indian lands.

(2) Interagency coordination

The Secretary, acting through the Director, shall coordinate Federal programs relating to Indian economic development, including any such program of the Department of the Interior, the Small Business Administration, the Department of Labor, or any other Federal agency charged with Indian economic development responsibilities.

(3) Activities

In carrying out the duties described in paragraph (1), the Secretary, acting through the Director, shall ensure the coordination of, or, as appropriate, carry out—

(A) Federal programs designed to provide legal, accounting, or financial assistance to eligible entities;

(B) market surveys;

(C) the development of promotional materials;

(D) the financing of business development seminars;

(E) the facilitation of marketing;

(F) the participation of appropriate Federal agencies or eligible entities in trade fairs;

(G) any activity that is not described in subparagraphs (A) through (F) that is related to the development of appropriate markets; and

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

(4) Assistance

In conjunction with the activities described in paragraph (3), the Secretary, acting through the Director, shall provide—

(A) financial assistance, technical assistance, and administrative services to eligible entities to assist those entities with—

(i) identifying and taking advantage of business development opportunities; and

(ii) compliance with appropriate laws and regulatory practices; and

(B) such other assistance as the Secretary, in consultation with the Director, determines to be necessary for the development of business opportunities for eligible entities to enhance the economies of Indian Tribes.

(5) Priorities

In carrying out the duties and activities described in paragraphs (3) and (4), the Secretary, acting through the Director, shall give priority to activities that—

(A) provide the greatest degree of economic benefits to Indians; and

(B) foster long-term stable economies of Indian Tribes.

(6) Prohibition

The Secretary may not provide under this section assistance for any activity related to the operation of a gaming activity on Indian lands pursuant to the Indian Gaming Regulatory Act [25 U.S.C. 2701 et seq.].

(c) Duties of Director

(1) In general

The Director shall serve as—

(A) the program and policy advisor to the Secretary with respect to the trust and governmental relationship between the United States and Indian Tribes; and

(B) the point of contact for Indian Tribes, Tribal organizations, and Indians regarding—

(i) policies and programs of the Department of Commerce; and

(ii) other matters relating to economic development and doing business in Indian lands.

(2) Departmental coordination

The Director shall coordinate with all offices and agencies within the Department of Commerce to ensure that each office and agency has an accountable process to ensure—

(A) meaningful and timely coordination and assistance, as required by this chapter; and

(B) consultation with Indian Tribes regarding the policies, programs, assistance, and activities of the offices and agencies.

(3) Office operations

There are authorized to be appropriated to carry out this section not more than $2,000,000 for each fiscal year.

(Pub. L. 106–464, §4, Nov. 7, 2000, 114 Stat. 2015; Pub. L. 116–261, §3(c), (e)(2), Dec. 30, 2020, 134 Stat. 3308, 3311.)

Editorial Notes

References in Text

The Indian Gaming Regulatory Act, referred to in subsec. (b)(6), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, as amended, which is classified principally to chapter 29 (§2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

Amendments

2020—Subsec. (a)(1). Pub. L. 116–261, §3(c)(1)(A), substituted "Office of the Secretary" for "Department of Commerce" and struck out "(referred to in this chapter as the 'Office')" before period at end.

Subsec. (a)(2). Pub. L. 116–261, §3(c)(1)(B), struck out "(referred to in this chapter as the 'Director')" after "Development".

Subsec. (b)(4)(B), (5)(B). Pub. L. 116–261, §3(e)(2), substituted "Tribes" for "tribes".

Subsec. (c). Pub. L. 116–261, §3(c)(2), added subsec. (c).
25 U.S.C. § 285 (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 285: Repealed. Pub. L. 117-317, §2(10), Dec. 27, 2022, 136 Stat. 4419
Repealed. Pub. L. 117-317, §2(10), Dec. 27, 2022, 136 Stat. 4419
Status: repealed

Section, act June 30, 1913, ch. 4, §18, 38 Stat. 96, related to withholding annuities from Osage Indians for nonattendance at schools.
25 U.S.C. § 2907 (2024) — Title 25: INDIANS / Chapter 31: NATIVE AMERICAN LANGUAGES / Section 2907: Survey on Native American languages
Survey on Native American languages
Status: in_force

(a) In general

Not later than 18 months after January 5, 2023, and every 5 years thereafter, the Secretary of Health and Human Services, acting through the Commissioner of the Administration for Native Americans (referred to in this section as the "Secretary"), shall undertake a survey of the use of all Native American languages in the United States.

(b) Updates

Prior to conducting each subsequent survey after the initial survey under subsection (a), the Secretary shall update the survey in accordance with this section.

(c) Consultation required

The Secretary shall design the initial survey under subsection (a) and each updated survey under subsection (b)—

(1) in consultation with Indian tribes; and

(2) after considering feedback received from Native American language speakers and experts.

(d) Contents

Each survey under subsection (a) shall solicit—

(1) information on which Native American languages are currently spoken;

(2) estimates of the number of speakers of each Native American language;

(3) any language usage statistics or information that the Secretary, in consultation with Indian tribes and Native American language speakers and experts, determines to be relevant and appropriate;

(4) information on the types of Native American language maintenance and revitalization projects and practices that are currently being carried out;

(5) information on any unmet Native American language resource needs of Indian tribes and Native American language communities; and

(6) any other information that the Secretary, in consultation with Indian tribes and Native American language speakers and experts, determines to be necessary.

(e) Coordination

The Secretary may coordinate, and enter into cooperative agreements with, the Director of the Bureau of the Census for the purposes of carrying out this section.

(f) Outreach and engagement

(1) In general

The Secretary shall carry out outreach and engagement activities to provide Indian tribes, Native American language communities, and the public information about—

(A) opportunities to provide input on the development and design of each survey under subsection (a), including information on the consultations required under subsection (c);

(B) the goals and purpose of the surveys conducted under subsection (a); and

(C) the benefits and importance of participation in surveys under subsection (a).

(2) Grants, contracts, and cooperative agreements authorized

The Secretary may carry out the outreach and engagement activities required under paragraph (1)—

(A) directly;

(B) in partnership with the Bureau of the Census; or

(C) through grants to, or contracts or cooperative agreements with—

(i) Indian tribes;

(ii) tribal organizations; and

(iii) nonprofit organizations that work with Indian tribes, Native American language programs, and Native American language communities.

(g) Limitation

Nothing in this section requires an Indian tribe, Native American language community, or Native American language speaker—

(1) to participate in a survey under subsection (a); or

(2) to provide specific or culturally sensitive information in completing such a survey.

(h) Availability of survey materials and findings

(1) In general

Not later than 1 year after January 5, 2023, and prior to conducting each survey under subsection (a), the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committees on Education and Labor and Natural Resources of the House of Representatives, and make publicly available, a description of—

(A) the feedback received under subsection (c) on the design of the survey;

(B) the form and content of the survey;

(C) the plan for deploying the survey to ensure a robust response; and

(D) how the Secretary will ensure any survey enumeration efforts are culturally informed and appropriate.

(2) Results

Not later than 90 days after the date on which analysis of each survey under subsection (a) is completed, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committees on Education and Labor and Natural Resources of the House of Representatives, and make publicly available, the results of the survey.

(i) Authorization of appropriations

There is authorized to be appropriated to carry out this section $1,500,000 for each fiscal year—

(1) preceding a fiscal year during which a survey under subsection (a) is conducted; and

(2) during which a survey under that subsection is conducted.

(Pub. L. 101–477, title I, §108, as added Pub. L. 117–337, §2(b), Jan. 5, 2023, 136 Stat. 6153.)

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
25 U.S.C. § 714 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 714: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 98–481, §2, Oct. 17, 1984, 98 Stat. 2250, 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. 98–481, §1, Oct. 17, 1984, 98 Stat. 2250, provided that Pub. L. 98–481, enacting this subchapter, could be cited as the "Coos, Lower Umpqua, and Siuslaw Restoration Act".
25 U.S.C. § 1862 (2024) — Title 25: INDIANS / Chapter 20: TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE / Subchapter IV: TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS / Section 1862: Tribally controlled postsecondary career and technical institutions program
Tribally controlled postsecondary career and technical institutions program
Status: in_force

(a) In general

Subject to the availability of appropriations, for fiscal year 2009 and each fiscal year thereafter, the Secretary shall—

(1) subject to subsection (b), select two tribally controlled postsecondary career and technical institutions to receive assistance under this subchapter; and

(2) provide funding to the selected tribally controlled postsecondary career and technical institutions to pay the costs (including institutional support costs) of operating postsecondary career and technical education programs for Indian students at the tribally controlled postsecondary career and technical institutions.

(b) Selection of certain institutions

(1) Requirement

For each fiscal year during which the Secretary determines that a tribally controlled postsecondary career and technical institution described in paragraph (2) meets the definition referred to in section 1861 of this title, the Secretary shall select that tribally controlled postsecondary career and technical institution under subsection (a)(1) to receive funding under this section.

(2) Institutions

The two tribally controlled postsecondary career and technical institutions referred to in paragraph (1) are—

(A) the United Tribes Technical College; and

(B) the Navajo Technical College.

(c) Method of payment

For each applicable fiscal year, the Secretary shall provide funding under this section to each tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) in a lump sum payment for the fiscal year.

(d) Distribution

(1) In general

For fiscal year 2009 and each fiscal year thereafter, of amounts made available pursuant to section 1864 of this title, the Secretary shall distribute to each tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) an amount equal to the greater of—

(A) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 2006; or

(B) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 2008.

(2) Excess amounts

If, for any fiscal year, the amount made available pursuant to section 1864 of this title exceeds the sum of the amounts required to be distributed under paragraph (1) to the tribally controlled postsecondary career and technical institutions selected for the fiscal year under subsection (a)(1), the Secretary shall distribute to each tribally controlled postsecondary career and technical institution selected for that fiscal year a portion of the excess amount, to be determined by—

(A) dividing the excess amount by the aggregate Indian student count (as defined in section 2327(h) of title 20) of such institutions for the prior academic year; and

(B) multiplying the quotient described in subparagraph (A) by the Indian student count of each such institution for the prior academic year.

(Pub. L. 95–471, title V, §502, as added Pub. L. 110–315, title IX, §941(j)(1), Aug. 14, 2008, 122 Stat. 3463.)
25 U.S.C. § 338 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 338: Repealed. May 29, 1928, ch. 901, §1(64), 45 Stat. 991
Repealed. May 29, 1928, ch. 901, §1(64), 45 Stat. 991
Status: repealed

Section, act Apr. 4, 1910, ch. 140, §1, 36 Stat. 270, required Secretary of the Interior to submit to Congress a cost account of survey and allotment work.
25 U.S.C. § 1663a (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter V: ORGANIZATIONAL IMPROVEMENTS / Section 1663a: Nevada Area Office
Nevada Area Office
Status: in_force

(a) In general

Not later than 1 year after March 23, 2010, in a manner consistent with the tribal consultation policy of the Service, the Secretary shall submit to Congress a plan describing the manner and schedule by which an area office, separate and distinct from the Phoenix Area Office of the Service, can be established in the State of Nevada.

(b) Failure to submit plan

(1) Definition of operations funds

In this subsection, the term "operations funds" means only the funds used for—

(A) the administration of services, including functional expenses such as overtime, personnel salaries, and associated benefits; or

(B) related tasks that directly affect the operations described in subparagraph (A).

(2) Withholding of funds

If the Secretary fails to submit a plan in accordance with subsection (a), the Secretary shall withhold the operations funds reserved for the Office of the Director, subject to the condition that the withholding shall not adversely impact the capacity of the Service to deliver health care services.

(3) Restoration

The operations funds withheld pursuant to paragraph (2) may be restored, at the discretion of the Secretary, to the Office of the Director on achievement by that Office of compliance with this section.

(Pub. L. 94–437, title VI, §604, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 604 of Pub. L. 94–437 is based on section 173 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. § 81 (2024) — Title 25: INDIANS / Chapter 3: AGREEMENTS WITH INDIANS / Subchapter II: CONTRACTS WITH INDIANS / Section 81: Contracts and agreements with Indian tribes
Contracts and agreements with Indian tribes
Status: in_force

(a) Definitions

In this section:

(1) The term "Indian lands" means lands the title to which is held by the United States in trust for an Indian tribe or lands the title to which is held by an Indian tribe subject to a restriction by the United States against alienation.

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

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

(b) Approval

No agreement or contract with an Indian tribe that encumbers Indian lands for a period of 7 or more years shall be valid unless that agreement or contract bears the approval of the Secretary of the Interior or a designee of the Secretary.

(c) Exception

Subsection (b) shall not apply to any agreement or contract that the Secretary (or a designee of the Secretary) determines is not covered under that subsection.

(d) Unapproved agreements

The Secretary (or a designee of the Secretary) shall refuse to approve an agreement or contract that is covered under subsection (b) if the Secretary (or a designee of the Secretary) determines that the agreement or contract—

(1) violates Federal law; or

(2) does not include a provision that—

(A) provides for remedies in the case of a breach of the agreement or contract;

(B) references a tribal code, ordinance, or ruling of a court of competent jurisdiction that discloses the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe; or

(C) includes an express waiver of the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe (including a waiver that limits the nature of relief that may be provided or the jurisdiction of a court with respect to such an action).

(e) Regulations

Not later than 180 days after March 14, 2000, the Secretary shall issue regulations for identifying types of agreements or contracts that are not covered under subsection (b).

(f) Construction

Nothing in this section shall be construed to—

(1) require the Secretary to approve a contract for legal services by an attorney;

(2) amend or repeal the authority of the National Indian Gaming Commission under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.); or

(3) alter or amend any ordinance, resolution, or charter of an Indian tribe that requires approval by the Secretary of any action by that Indian tribe.

(R.S. §2103; Pub. L. 85–770, Aug. 27, 1958, 72 Stat. 927; Pub. L. 106–179, §2, Mar. 14, 2000, 114 Stat. 46.)

Editorial Notes

References in Text

The Indian Gaming Regulatory Act, referred to in subsec. (f)(2), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, which is classified principally to chapter 29 (§2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

Codification

R.S. §2103 derived from acts Mar. 3, 1871, ch. 120, §3, 16 Stat. 570; May 21, 1872, ch. 177, §§1, 2, 17 Stat. 136.

Amendments

2000—Pub. L. 106–179 amended section generally, substituting present provisions for provisions which required agreements with Indian tribes or Indians to be in writing, to bear the approval of the Secretary, to contain the names of all parties in interest, to state the time and place of making, purpose, and contingencies, and to have a fixed time limit to run, and provisions which declared agreements made in violation of this section to be null and void and which authorized recovery of amounts in excess of approved amounts, with one half of recovered amounts to be paid into the Treasury.

1958—Par. Second. Pub. L. 85–770 struck out requirement that contracts with Indian tribes be executed before a judge of a court of record.

Par. Sixth. Pub. L. 85–770 struck out par. Sixth enumerating contractual elements to be certified to by the judge.

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. § 961 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLV: OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 961: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 87–235, §1, Sept. 14, 1961, 75 Stat. 508, which related to membership roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 219 (2024) — Title 25: INDIANS / Chapter 6: GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS / Subchapter I: GENERALLY / Section 219: Repealed. May 21, 1934, ch. 321, 48 Stat. 787
Repealed. May 21, 1934, ch. 321, 48 Stat. 787
Status: repealed

Section 219, R.S. §2134, related to foreigners entering Indian country without passports, penalty for such entry and contents of passports.

Section 220, R.S. §2147, related to authority to remove person from Indian country and to use of military force.

Section 221, R.S. §2148, related to person returning after removal from Indian country.

Section 222, R.S. §2149, related to authority to remove person from Indian reservation and use of necessary force.

Section 223, R.S. §2150, related to employment of military.

Section 224, R.S. §2151, related to detention and treatment of persons apprehended by military.

Section 225, R.S. §2152, related to arrest of absconding Indians, use of military force to apprehend such Indians and to prevent tribal hostilities.

Section 226, R.S. §2153, related to posse comitatus in executing process.
25 U.S.C. § 1124 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LIV: MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1124: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–309, §3, June 2, 1972, 86 Stat. 200, which related to revision of roll prepared pursuant to former section 1114 of this title, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1773e (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter VII: WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT / Section 1773e: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 101–41, §7, June 21, 1989, 103 Stat. 87, which appropriated $100,000 for navigation equipment at Commencement Bay as part of the fisheries aspect of the Settlement Agreement, was omitted from the Code as being of special and not general application.
25 U.S.C. § 132 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 132: Mode of distribution of goods
Mode of distribution of goods
Status: in_force

Whenever goods and merchandise are delivered to the chiefs of a tribe, for the tribe, such goods and merchandise shall be turned over by the agent or superintendent of such tribe to the chiefs in bulk, and in the original package, as nearly as practicable, and in the presence of the headmen of the tribe, if practicable, to be distributed to the tribe by the chiefs in such manner as the chiefs may deem best, in the presence of the agent or superintendent.

(R.S. §2090.)

Editorial Notes

Codification

R.S. §2090 derived from act Apr. 10, 1869, ch. 16, §2, 16 Stat. 39.

Statutory Notes and Related Subsidiaries

Indian Agents

The services of Indian agents have been dispensed with. See note set out under section 64 of this title.
25 U.S.C. § 161b (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter III: DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS / Section 161b: "Indian Money, Proceeds of Labor" fund; separate accounts for respective tribes; rate of interest
"Indian Money, Proceeds of Labor" fund; separate accounts for respective tribes; rate of interest
Status: in_force

All tribal funds arising under section 155 of this title on June 13, 1930, included in the fund "Indian Money, Proceeds of Labor", shall, on and after July 1, 1930, be carried on the books of the Treasury Department in separate accounts for the respective tribes, and all such funds with account balances exceeding $500 shall bear simple interest at the rate of 4 per centum per annum from July 1, 1930.

(Feb. 12, 1929, ch. 178, §2, as added June 13, 1930, ch. 483, 46 Stat. 584.)
25 U.S.C. § 3052 (2024) — Title 25: INDIANS / Chapter 32A: CULTURAL AND HERITAGE COOPERATION AUTHORITY / Section 3052: Definitions
Definitions
Status: in_force

In this chapter:

(1) Adjacent site

The term "adjacent site" means a site that borders a boundary line of National Forest System land.

(2) Cultural items

The term "cultural items" has the meaning given the term in section 3001 of this title, except that the term does not include human remains.

(3) Human remains

The term "human remains" means the physical remains of the body of a person of Indian ancestry.

(4) Indian

The term "Indian" means an individual who is a member of an Indian tribe.

(5) Indian tribe

The term "Indian tribe" means any Indian or Alaska Native tribe, band, nation, pueblo, village, or other community the name of which is included on a list published by the Secretary of the Interior pursuant to section 5131 of this title.

(6) Lineal descendant

The term "lineal descendant" means an individual that can trace, directly and without interruption, the ancestry of the individual through the traditional kinship system of an Indian tribe, or through the common law system of descent, to a known Indian, the human remains, funerary objects, or other sacred objects of whom are claimed by the individual.

(7) National Forest System

The term "National Forest System" has the meaning given the term in section 1609(a) of title 16.

(8) Reburial site

The term "reburial site" means a specific physical location at which cultural items or human remains are reburied.

(9) Traditional and cultural purpose

The term "traditional and cultural purpose", with respect to a definable use, area, or practice, means that the use, area, or practice is identified by an Indian tribe as traditional or cultural because of the long-established significance or ceremonial nature of the use, area, or practice to the Indian tribe.

(Pub. L. 110–234, title VIII, §8102, May 22, 2008, 122 Stat. 1287; Pub. L. 110–246, §4(a), title VIII, §8102, June 18, 2008, 122 Stat. 1664, 2048.)

Editorial Notes

Codification

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

Statutory Notes and Related Subsidiaries

Effective Date

Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.
25 U.S.C. § 1810 (2024) — Title 25: INDIANS / Chapter 20: TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE / Subchapter I: TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM / Section 1810: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a)(1) There is authorized to be appropriated, for the purpose of carrying out section 1805 of this title, $3,200,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.

(2) There is authorized to be appropriated for the purpose of carrying out section 1807 of this title, such sums as may be necessary for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.

(3) There is authorized to be appropriated for the purpose of carrying out sections 1812(b) and 1813 of this title, such sums as may be necessary for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.

(4) Funds appropriated pursuant to the authorizations under this section for the fiscal year 2009 and for each of the five succeeding fiscal years shall be transferred by the Secretary of the Treasury through the most expeditious method available, with each of the tribally controlled colleges or universities being designated as its own certifying agency.

(b)(1) For the purpose of affording adequate notice of funding available under this chapter, amounts appropriated in an appropriation Act for any fiscal year to carry out this chapter shall become available for obligation on July 1 of that fiscal year and shall remain available until September 30 of the succeeding fiscal year.

(2) In order to effect a transition to the forward funding method of timing appropriation action described in paragraph (1), there are authorized to be appropriated, in an appropriation Act or Acts for the same fiscal year, two separate appropriations to carry out this chapter, the first of which shall not be subject to paragraph (1).

(Pub. L. 95–471, title I, §110, formerly §109, Oct. 17, 1978, 92 Stat. 1328; renumbered §110 and amended Pub. L. 98–192, §§4(a)(1), 9, Dec. 1, 1983, 97 Stat. 1336, 1337; Pub. L. 99–428, §2(a), Sept. 30, 1986, 100 Stat. 982; Pub. L. 101–477, §1(b), Oct. 30, 1990, 104 Stat. 1152; Pub. L. 102–325, title XIII, §1301(a), July 23, 1992, 106 Stat. 797; Pub. L. 105–244, title IX, §901(a)(2)(A), (b)(11), Oct. 7, 1998, 112 Stat. 1827, 1828; Pub. L. 110–315, title IX, §941(g), Aug. 14, 2008, 122 Stat. 3462.)

Editorial Notes

Amendments

2008—Subsec. (a)(1). Pub. L. 110–315, §941(g)(1), (2), substituted "2009" for "1999" and "five succeeding" for "4 succeeding".

Subsec. (a)(2). Pub. L. 110–315, §941(g)(1)–(3), substituted "such sums as may be necessary" for "$40,000,000", "2009" for "1999", and "five succeeding" for "4 succeeding".

Subsec. (a)(3). Pub. L. 110–315, §941(g)(1), (2), (4), substituted "such sums as may be necessary" for "$10,000,000", "2009" for "1999", and "five succeeding" for "4 succeeding".

Subsec. (a)(4). Pub. L. 110–315, §941(g)(1), (5), substituted "2009" for "1999" and "five succeeding" for "succeeding 4".

1998—Subsec. (a)(1). Pub. L. 105–244, §901(a)(2)(A)(i), substituted "1999" for "1993".

Subsec. (a)(2). Pub. L. 105–244, §901(a)(2)(A)(ii), substituted "$40,000,000 for fiscal year 1999" for "$30,000,000 for fiscal year 1993".

Subsec. (a)(3). Pub. L. 105–244, §901(a)(2)(A)(iii), substituted "1999" for "1993".

Subsec. (a)(4). Pub. L. 105–244, §901(a)(2)(A)(iv), (b)(11), substituted "1999" for "1993" and "tribally controlled colleges or universities" for "Tribally Controlled Community Colleges".

1992—Subsec. (a). Pub. L. 102–325 amended subsec. (a) generally, in pars. (1) to (3) substituting provisions authorizing appropriations for fiscal years 1993 to 1997 for provisions authorizing appropriations for fiscal years 1990 to 1992 and adding par. (4).

1990—Subsec. (a)(1). Pub. L. 101–477, §1(b)(1), substituted "1990 and 1991, and for fiscal year 1992, such sums as may be necessary" for "1987, 1988, 1989, and 1990".

Subsec. (a)(2). Pub. L. 101–477, §1(b)(2), substituted "1990 and 1991, and for fiscal year 1992, such sums as may be necessary" for "1987, 1988, 1989, and 1990".

Subsec. (a)(3). Pub. L. 101–477, §1(b)(3), substituted "1990, 1991, and 1992" for "1987, 1988, 1989, and 1990".

1986—Subsec. (a)(1). Pub. L. 99–428, §2(a)(1), substituted "1987, 1988, 1989, and 1990" for "1985, 1986, and 1987".

Subsec. (a)(2), (3). Pub. L. 99–428, §2(a)(2), substituted "the fiscal years 1987, 1988, 1989, and 1990" for "such fiscal years".

1983—Subsec. (a). Pub. L. 98–192, §9, amended subsec. (a) generally, substituting provision authorizing appropriations for fiscal years 1985, 1986, and 1987 of $3,200,000 for carrying out section 1805 of this title, $30,000,000 for carrying out section 1807 of this title, and appropriations as necessary for carrying out sections 1812(b) and 1813 of this title for provision authorizing appropriations for carrying out section 1807 of this title of $25,000,000 for each of the fiscal years beginning Oct. 1, 1979 and Oct. 1, 1980, and $30,000,000 for the fiscal year beginning Oct. 1, 1981, and $3,200,000 for each of such fiscal years for the provision of technical assistance pursuant to section 1805 of this title.

Subsec. (b). Pub. L. 98–192, §9, amended subsec. (b) generally, substituting provision relating to affording adequate notice of funding available under this chapter and directing two separate appropriations in order to effect a transition to the forward funding method of timing appropriation action for provision directing that, unless otherwise provided, funds appropriated under this section remain available until expended.

Subsec. (c). Pub. L. 98–192, §9, struck out subsec. (c) which provided that nothing in this chapter be deemed to authorize appropriations for fiscal year beginning Oct. 1, 1978.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

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

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of Title 20, Education.
25 U.S.C. § 639 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXI: NAVAJO AND HOPI TRIBES: REHABILITATION / Section 639: Repealed. Pub. L. 104-193, title I, §110(u), Aug. 22, 1996, 110 Stat. 2175
Repealed. Pub. L. 104-193, title I, §110(u), Aug. 22, 1996, 110 Stat. 2175
Status: repealed

Section, acts Apr. 19, 1950, ch. 92, §9, 64 Stat. 47; Oct. 30, 1972, Pub. L. 92–603, title III, §303(c), 86 Stat. 1484; Dec. 31, 1973, Pub. L. 93–233, §19(a), 87 Stat. 974, related to additional Social Security contributions to States for State expenditures for aid to dependent children to Navajo and Hopi Indians.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.
25 U.S.C. § 457 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter II: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 457: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 457 was editorially reclassified as section 5347 of this title.
25 U.S.C. § 1621j (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter II: HEALTH SERVICES / Section 1621j: California contract health services demonstration program
California contract health services demonstration program
Status: in_force

(a) Establishment

The Secretary shall establish a demonstration program to evaluate the use of a contract care intermediary to improve the accessibility of health services to California Indians.

(b) Agreement with California Rural Indian Health Board

(1) In establishing such program, the Secretary shall enter into an agreement with the California Rural Indian Health Board to reimburse the Board for costs (including reasonable administrative costs) incurred, during the period of the demonstration program, in providing medical treatment under contract to California Indians described in section 1679(b) 1 of this title throughout the California contract health services delivery area described in section 1680 of this title with respect to high-cost contract care cases.

(2) Not more than 5 percent of the amounts provided to the Board under this section for any fiscal year may be for reimbursement for administrative expenses incurred by the Board during such fiscal year.

(3) No payment may be made for treatment provided under the demonstration program to the extent payment may be made for such treatment under the Catastrophic Health Emergency Fund described in section 1621a of this title or from amounts appropriated or otherwise made available to the California contract health service delivery area for a fiscal year.

(c) Advisory board

There is hereby established an advisory board which shall advise the California Rural Indian Health Board in carrying out the demonstration pursuant to this section. The advisory board shall be composed of representatives, selected by the California Rural Indian Health Board, from not less than 8 tribal health programs serving California Indians covered under such demonstration, at least one half of whom are not affiliated with the California Rural Indian Health Board.

(d) Commencement and termination dates

The demonstration program described in this section shall begin on January 1, 1993, and shall terminate on September 30, 1997.

(e) Report

Not later than July 1, 1998, the California Rural Indian Health Board shall submit to the Secretary a report on the demonstration program carried out under this section, including a statement of its findings regarding the impact of using a contract care intermediary on—

(1) access to needed health services;

(2) waiting periods for receiving such services; and

(3) the efficient management of high-cost contract care cases.

(f) "High-cost contract care cases" defined

For the purposes of this section, the term "high-cost contract care cases" means those cases in which the cost of the medical treatment provided to an individual—

(1) would otherwise be eligible for reimbursement from the Catastrophic Health Emergency Fund established under section 1621a of this title, except that the cost of such treatment does not meet the threshold cost requirement established pursuant to section 1621a(b)(2) 1 of this title; and

(2) exceeds $1,000.

(Pub. L. 94–437, title II, §211, as added Pub. L. 102–573, title II, §206(c), Oct. 29, 1992, 106 Stat. 4549; amended Pub. L. 104–313, §2(c), Oct. 19, 1996, 110 Stat. 3822; Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

Section 1679 of this title, referred to in subsec. (b)(1), was repealed and a new section 1679 was enacted by Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935. Provisions describing California Indians, similar to those that appeared in former section 1679(b) are now contained in new section 1679(a).

Section 1621a of this title, referred to in subsec. (f)(1), was amended generally by Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935, and, as so amended, no longer contains a subsec. (b)(2).

Codification

Amendment by Pub. L. 111–148 is based on section 101(b)(3) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Subsec. (g). Pub. L. 111–148 struck out subsec. (g) which authorized appropriations for fiscal years 1996 through 2000.

1996—Subsec. (g). Pub. L. 104–313 substituted "1996 through 2000" for "1993, 1994, 1995, 1996, and 1997".

Statutory Notes and Related Subsidiaries

Termination of Advisory Boards

Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.

1 See References in Text note below.
25 U.S.C. § 135 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 135: Supplies distributed so as to prevent deficiencies
Supplies distributed so as to prevent deficiencies
Status: in_force

It shall be the duty of the Secretary of the Interior, and the officers charged by law with the distribution of supplies to the Indians, under appropriations made by law, to distribute them and pay them out to the Indians entitled to them, in such proper proportions as that the amount of appropriation made for the current year shall not be expended before the end of such current year, so as to prevent deficiencies; and no expenditure shall be made or liability incurred on the part of the Government on account of the Indian Service for any fiscal year (unless in compliance with existing law) beyond the amount of money previously appropriated for said service during such year.

(Mar. 3, 1875, ch. 132, §6, 18 Stat. 450.)

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. § 320 (2024) — Title 25: INDIANS / Chapter 8: RIGHTS-OF-WAY THROUGH INDIAN LANDS / Section 320: Acquisition of lands for reservoirs or materials
Acquisition of lands for reservoirs or materials
Status: in_force

When, in the judgment of the Secretary of the Interior, it is necessary for any railway company owning or operating a line of railway in any Indian reservation to acquire lands in such Indian reservation for reservoirs, material, or ballast pits for the construction, repair, and maintenance of its railway, or for the purpose of planting and growing thereon trees to protect its line of railway, the said Secretary is authorized to grant such lands to any such railway company under such terms and conditions and such rules and regulations as may be prescribed by the said Secretary.

When any railway company desiring to secure the benefits of this provision shall file with the Secretary of the Interior an application describing the lands which it desires to purchase, upon the payment of the price agreed upon the said Secretary shall cause such lands to be conveyed to the railway company applying therefor upon such terms and conditions as he may deem proper: Provided, That no lands shall be acquired under the terms of this provision in greater quantities than forty acres for any one reservoir, and one hundred and sixty acres for any material or ballast pit, to the extent of not more than one reservoir and one material or gravel pit in any one section of ten miles of any such railway in any Indian reservation: And provided further, That the lands acquired for tree planting shall be taken only at such places along the line of the railway company applying therefor as in the judgment of the said Secretary may be necessary, and shall be taken in strips adjoining and parallel with the right of way of the railway company taking the same, and shall not exceed one hundred and fifty feet in width.

All moneys paid for such lands shall be deposited in the Treasury of the United States to the credit of the tribe or tribes, and the moneys received by said Secretary as damages sustained by individual members of the Indian tribe, which damages shall be ascertained by the Secretary of the Interior and paid by the railway company taking such lands, shall be paid by said Secretary to the Indian or Indians sustaining such damages. The provisions of this section are extended and made applicable to any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation; the damages and compensation to be paid to any Indian allottee shall be ascertained and fixed in such manner as the Secretary of the Interior may direct and shall be paid by the railway company to said Secretary; the damages and compensation paid to the Secretary of the Interior by the railway company taking any such land shall be paid by said Secretary to the allottee sustaining such damages.

(Mar. 3, 1909, ch. 263, 35 Stat. 781, 782; May 6, 1910, ch. 204, 36 Stat. 349.)
25 U.S.C. § 761 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 761: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 96–227, §2, Apr. 3, 1980, 94 Stat. 317; Pub. L. 109–126, §4, Dec. 7, 2005, 119 Stat. 2547, 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. 96–227, §1, Apr. 3, 1980, 94 Stat. 317, provided that Pub. L. 96–227, enacting this subchapter, could be cited as the "Paiute Indian Tribe of Utah Restoration Act".
25 U.S.C. § 610 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XVIII: SWINOMISH TRIBE / Section 610: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–534, §1, Sept. 28, 1968, 82 Stat. 884, which authorized the Secretary of the Interior to purchase lands within, adjacent to, or in close proximity to the boundaries of the Swinomish Indian Reservation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1034 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIX: SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT FUND / Section 1034: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 88–457, §4, Aug. 20, 1964, 78 Stat. 555, which provided for per capita distributions to members of the Cherokee Band upon completion of roll, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3745 (2024) — Title 25: INDIANS / Chapter 39: AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT / Subchapter III: GENERAL PROVISIONS / Section 3745: 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 the purposes of this chapter.

(b) Funding source

The activities required under subchapter II may only be funded from appropriations made pursuant to this chapter. To the greatest extent possible, such activities shall be coordinated with activities funded from other sources.

(Pub. L. 103–177, title III, §305, Dec. 3, 1993, 107 Stat. 2023.)
25 U.S.C. § 5110 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5110: New Indian reservations
New Indian reservations
Status: in_force

The Secretary of the Interior is hereby authorized to proclaim new Indian reservations on lands acquired pursuant to any authority conferred by this Act, or to add such lands to existing reservations: Provided, That lands added to existing reservations shall be designated for the exclusive use of Indians entitled by enrollment or by tribal membership to residence at such reservations.

(June 18, 1934, ch. 576, §7, 48 Stat. 986.)

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 467 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 1780i (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter XIV: PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT / Section 1780i: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 109–286, §11, Sept. 27, 2006, 120 Stat. 1225, which related to withdrawal of certain land from location, entry, and patent under the public land laws and mining and mineral leasing laws, subject to valid existing rights, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5376 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter IV: TRIBAL SELF-GOVERNANCE-DEPARTMENT OF THE INTERIOR / Section 5376: Application of other provisions
Application of other provisions
Status: in_force

Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1959), shall apply to compacts and funding agreements entered into under this subchapter.

(Pub. L. 93–638, title IV, §416, as added Pub. L. 116–180, title I, §101(e), Oct. 21, 2020, 134 Stat. 878.)

Editorial Notes

References in Text

Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991, referred to in text, is section 314 of Pub. L. 101–512, which is set out as a note under section 5321 of this title.
25 U.S.C. § 1041d (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLIX: SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT FUND / Section 1041d: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 106–568, title VII, §706, Dec. 27, 2000, 114 Stat. 2915, which recognized the constitution and bylaws and governing body as constituted on Dec. 27, 2000, as the governing documents and governing body of the tribe and provided the tribe with the right to reorganize its tribal government, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5352 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter III: INDIAN EDUCATION ASSISTANCE / Section 5352: General education contract and grant provisions and requirements; school district quality and standards of excellence
General education contract and grant provisions and requirements; school district quality and standards of excellence
Status: in_force

No funds from any grant or contract pursuant to this subchapter shall be made available to any school district unless the Secretary is satisfied that the quality and standard of education, including facilities and auxiliary services, for Indian students enrolled in the schools of such district are at least equal to that provided all other students from resources, other than resources provided in this subchapter, available to the local school district.

(Pub. L. 93–638, title II, §205, Jan. 4, 1975, 88 Stat. 2216.)

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original "this title", meaning title II of Pub. L. 93–638, known as the Indian Education Assistance Act, which is classified principally to this subchapter. For complete classification of title II to the Code, see Short Title note set out under section 5301 of this title and Tables.

Codification

Section was formerly classified to section 458a of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 594 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XVI: CHIPPEWA TRIBE OF MINNESOTA / Section 594: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 90–94, §1, Sept. 27, 1967, 81 Stat. 230, which provided for the distribution of funds to the Mississippi Bands and the Pillager and Lake Winnibigoshish Bands of Chippewa Indians for certain claims and exempted such distributions from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1215 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXIII: TLINGIT AND HAIDA INDIANS OF ALASKA / Section 1215: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–454, title II, §205, Nov. 2, 1994, 108 Stat. 4793; Pub. L. 104–109, §10, Feb. 12, 1996, 110 Stat. 765, which related to prohibition against duplicative services, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2471 (2024) — Title 25: INDIANS / Chapter 26: INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT / Subchapter VI: INDIAN ALCOHOL AND SUBSTANCE ABUSE TREATMENT AND REHABILITATION / Section 2471: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section, Pub. L. 99–570, title IV, §4224, Oct. 27, 1986, 100 Stat. 3207–148, which related to review of programs providing health services and benefits to Indians, was renumbered section 4208A of Pub. L. 99–570 by Pub. L. 102–573, title VII, §702(b)(1), Oct. 29, 1992, 106 Stat. 4582, and transferred to section 2414a of this title.
25 U.S.C. § 158 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter III: DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS / Section 158: Investment of proceeds of lands
Investment of proceeds of lands
Status: in_force

The Secretary of the Interior shall invest in a manner which shall be in his judgment most safe and beneficial for the fund, all moneys that may be received under treaties containing stipulations for the payment to the Indians, annually, of interest upon the proceeds of the lands ceded by them; and he shall make no investment of such moneys, or of any portion, at a lower rate of interest than 5 per centum per annum.

(R.S. §2096.)

Editorial Notes

Codification

R.S. §2096 derived from act Jan. 9, 1837, ch. 1, §4, 5 Stat. 135.

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. § 202 (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 202: Inducing conveyances by Indians of trust interests in lands
Inducing conveyances by Indians of trust interests in lands
Status: in_force

It shall be unlawful for any person to induce any Indian to execute any contract, deed, mortgage, or other instrument purporting to convey any land or any interest therein held by the United States in trust for such Indian, or to offer any such contract, deed, mortgage, or other instrument for record in the office of any recorder of deeds. Any person violating this provision shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $500 for the first offense, and if convicted for a second offense may be punished by a fine not exceeding $500 or imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. This section shall not apply to any lease or other contract authorized by law to be made.

(June 25, 1910, ch. 431, §5, 36 Stat. 857.)

Editorial Notes

Codification

Section was formerly classified to section 115 of Title 18, Criminal Code and Criminal Procedure, prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §1, 62 Stat. 683.
25 U.S.C. § 5306 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 5306: Criminal activities involving grants, contracts, etc.; penalties
Criminal activities involving grants, contracts, etc.; penalties
Status: in_force

Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any recipient of a contract, subcontract, grant, or subgrant pursuant to this chapter or the Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 5342 et seq.], embezzles, willfully misapplies, steals, or obtains by fraud any of the money, funds, assets, or property which are the subject of such a grant, subgrant, contract, or subcontract, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(Pub. L. 93–638, §6, Jan. 4, 1975, 88 Stat. 2205.)

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.

Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the Johnson-O'Malley Act, which is classified generally to section 5342 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

Codification

Section was formerly classified to section 450d of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 463g (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 463g: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 463g was editorially reclassified as section 5106 of this title.
25 U.S.C. § 98 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter I: PURCHASE OF SUPPLIES / Section 98: Purchase of supplies without authority
Purchase of supplies without authority
Status: in_force

No claims for supplies for Indians, purchased without authority of law, shall be paid out of any appropriation for expenses of the Office of Indian Affairs, or for Indians.

(R.S. §2085.)

Editorial Notes

Codification

R.S. §2085 derived from act July 15, 1870, ch. 296, §2, 16 Stat. 360.

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. § 3701 (2024) — Title 25: INDIANS / Chapter 39: AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT / Section 3701: Findings
Findings
Status: in_force

The Congress finds and declares that—

(1) the United States and Indian tribes have a government to government relationship;

(2) the United States has a trust responsibility to protect, conserve, utilize, and manage Indian agricultural lands consistent with its fiduciary obligation and its unique relationship with Indian tribes;

(3) Indian agricultural lands are renewable and manageable natural resources which are vital to the economic, social, and cultural welfare of many Indian tribes and their members; and

(4) development and management of Indian agricultural lands in accordance with integrated resource management plans will ensure proper management of Indian agricultural lands and will produce increased economic returns, enhance Indian self-determination, promote employment opportunities, and improve the social and economic well-being of Indian and surrounding communities.

(Pub. L. 103–177, §2, Dec. 3, 1993, 107 Stat. 2011.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 103–177, §1, Dec. 3, 1993, 107 Stat. 2011, provided that: "This Act [enacting this chapter] may be cited as the 'American Indian Agricultural Resource Management Act'."
25 U.S.C. § 676b (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXVII: UTE INDIANS OF UTAH / Section 676b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–420, §1, Sept. 25, 1970, 84 Stat. 871, which related to uses of unexpended balance of fund, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4228 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4228: Affordable housing activities
Affordable housing activities
Status: in_force

(a) 1 National objectives and eligible families

(1) Primary objective

The national objectives of this subchapter are—

(A) to assist and promote affordable housing activities to develop, maintain, and operate affordable housing in safe and healthy environments for occupancy by low-income Native Hawaiian families;

(B) to ensure better access to private mortgage markets and to promote self-sufficiency of low-income Native Hawaiian families;

(C) to coordinate activities to provide housing for low-income Native Hawaiian families with Federal, State, and local activities to further economic and community development;

(D) to plan for and integrate infrastructure resources on the Hawaiian Home Lands with housing development; and

(E) to—

(i) promote the development of private capital markets; and

(ii) allow the markets referred to in clause (i) to operate and grow, thereby benefiting Native Hawaiian communities.

(2) Eligible families

(A) In general

Except as provided under subparagraph (B), assistance for eligible housing activities under this subchapter shall be limited to low-income Native Hawaiian families.

(B) Exception to low-income requirement

(i) In general

The Director may provide assistance for homeownership activities under—

(I) section 4229(b) of this title;

(II) model activities under section 4229(f) of this title; or

(III) loan guarantee activities under section 1715z–13b of title 12 to Native Hawaiian families who are not low-income families, to the extent that the Secretary approves the activities under that section to address a need for housing for those families that cannot be reasonably met without that assistance.

(ii) Limitations

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

(C) Other families

Notwithstanding paragraph (1), the Director may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this subchapter to a family that is not composed of Native Hawaiians if—

(i) the Department determines that the presence of the family in the housing involved is essential to the well-being of Native Hawaiian families; and

(ii) the need for housing for the family cannot be reasonably met without the assistance.

(D) Preference

(i) In general

A housing plan submitted under section 4223 of this title may authorize a preference, for housing or housing assistance provided through affordable housing activities assisted with grant amounts provided under this subchapter to be provided, to the extent practicable, to families that are eligible to reside on the Hawaiian Home Lands.

(ii) Application

In any case in which a housing plan provides for preference described in clause (i), the Director shall ensure that housing activities that are assisted with grant amounts under this subchapter are subject to that preference.

(E) Use of nonprofit organizations

As a condition of receiving grant amounts under this subchapter, the Department of Hawaiian Home Lands, shall to the extent practicable, provide for private nonprofit organizations experienced in the planning and development of affordable housing for Native Hawaiians to carry out affordable housing activities with those grant amounts.

(Pub. L. 104–330, title VIII, §809, 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 identical sections 809 of Pub. L. 104–330. This section is based on the text of section 809 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.

1 So in original. No subsec. (b) has been enacted.
25 U.S.C. § 4241 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4241: Government Accountability Office audits
Government Accountability Office audits
Status: in_force

To the extent that the financial transactions of the Department of Hawaiian Home Lands involving grant amounts under this subchapter relate to amounts provided under this subchapter, those transactions may be audited by the Comptroller General of the United States under such regulations as may be prescribed by the Comptroller General. The Comptroller General of the United States shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by the Department of Hawaiian Home Lands pertaining to such financial transactions and necessary to facilitate the audit.

(Pub. L. 104–330, title VIII, §822, 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; amended Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

Editorial Notes

Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted identical sections 822 of Pub. L. 104–330. This section is based on the text of section 822 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.

Amendments

2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in section catchline.
25 U.S.C. § 677h (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 677h: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1009, §9, 68 Stat. 869, which related to the sale or other disposition of certain described lands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 964 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLV: OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 964: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 87–235, §4, Sept. 14, 1961, 75 Stat. 508, which related to payment of shares of deceased enrollees and minors or persons under legal disability, was omitted from the Code as being of special and not general application.
25 U.S.C. § 3053 (2024) — Title 25: INDIANS / Chapter 32A: CULTURAL AND HERITAGE COOPERATION AUTHORITY / Section 3053: Reburial of human remains and cultural items
Reburial of human remains and cultural items
Status: in_force

(a) Reburial sites

In consultation with an affected Indian tribe or lineal descendant, the Secretary may authorize the use of National Forest System land by the Indian tribe or lineal descendant for the reburial of human remains or cultural items in the possession of the Indian tribe or lineal descendant that have been disinterred from National Forest System land or an adjacent site.

(b) Reburial

With the consent of the affected Indian tribe or lineal descendent, the Secretary may recover and rebury, at Federal expense or using other available funds, human remains and cultural items described in subsection (a) at the National Forest System land identified under that subsection.

(c) Authorization of use

(1) In general

Subject to paragraph (2), the Secretary may authorize such uses of reburial sites on National Forest System land, or on the National Forest System land immediately surrounding a reburial site, as the Secretary determines to be necessary for management of the National Forest System.

(2) Avoidance of adverse impacts

In carrying out paragraph (1), the Secretary shall avoid adverse impacts to cultural items and human remains, to the maximum extent practicable.

(Pub. L. 110–234, title VIII, §8103, May 22, 2008, 122 Stat. 1287; Pub. L. 110–246, §4(a), title VIII, §8103, June 18, 2008, 122 Stat. 1664, 2049.)

Editorial Notes

Codification

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

Statutory Notes and Related Subsidiaries

Effective Date

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

Definition of "Secretary"

"Secretary" as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
25 U.S.C. § 677r (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 677r: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1009, §19, 68 Stat. 877, which provided that nothing in this subchapter would affect any claim filed against the United States by the tribe before Aug. 27, 1954, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2714 (2024) — Title 25: INDIANS / Chapter 29: INDIAN GAMING REGULATION / Section 2714: Judicial review
Judicial review
Status: in_force

Decisions made by the Commission pursuant to sections 2710, 2711, 2712, and 2713 of this title shall be final agency decisions for purposes of appeal to the appropriate Federal district court pursuant to chapter 7 of title 5.

(Pub. L. 100–497, §15, Oct. 17, 1988, 102 Stat. 2483.)
25 U.S.C. § 1709 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter I: RHODE ISLAND INDIAN CLAIMS SETTLEMENT / Section 1709: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 95–395, §10, Sept. 30, 1978, 92 Stat. 817, which provided for preservation of certain other Federal benefits, was omitted from the Code as being of special and not general application.
25 U.S.C. § 742 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 742: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §2, 68 Stat. 1100, which set out definitions, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4164 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter IV: COMPLIANCE, AUDITS, AND REPORTS / Section 4164: Performance reports
Performance reports
Status: in_force

(a) Requirement

For each fiscal year, each recipient shall—

(1) review the progress it has made during such fiscal year in carrying out the Indian housing plan (or plans) for the Indian tribes for which it administers grant amounts; and

(2) submit a report to the Secretary (in a form acceptable to the Secretary) describing the conclusions of the review.

(b) Content

Each report under this section for a fiscal year shall—

(1) describe the use of grant amounts provided to the recipient for such fiscal year;

(2) assess the relationship of such use to the planned activities identified in the Indian housing plan of the grant beneficiary; and

(3) indicate the programmatic accomplishments of the recipient.

(c) Submission

The Secretary shall establish dates for submission of reports under this section, and review such reports and make such recommendations as the Secretary considers appropriate to carry out the purposes of this chapter.

(d) Public availability

A recipient preparing a report under this section shall make the report publicly available to the citizens in the jurisdiction of the recipient in sufficient time to permit such citizens to comment on such report prior to its submission to the Secretary, and in such manner and at such times as the recipient may determine. The report shall include a summary of any comments received by the grant beneficiary or recipient from citizens in its jurisdiction regarding its program.

(Pub. L. 104–330, title IV, §404, Oct. 26, 1996, 110 Stat. 4040; Pub. L. 110–411, title IV, §403, Oct. 14, 2008, 122 Stat. 4330.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (c), 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)(2). Pub. L. 110–411, §403(1), substituted "planned activities" for "goals" and inserted "and" after semicolon at end.

Subsec. (b)(3), (4). Pub. L. 110–411, §403(2), (3), substituted period for "; and" at end of par. (3) and struck out par. (4) which read as follows: "describe the manner in which the recipient would change its programs as a result of its experiences."

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. § 1194 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXI: CONFEDERATED TRIBES OF UMATILLA RESERVATION: DISTRIBUTION OF JUDGMENT FUND / Section 1194: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–259, §4, May 21, 1970, 84 Stat. 254, which exempted per capita distributions of judgment funds from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5208 (2024) — Title 25: INDIANS / Chapter 45A: OKLAHOMA INDIAN WELFARE / Section 5208: Application of provisions to Osage County
Application of provisions to Osage County
Status: in_force

This chapter shall not relate to or affect Osage County, Oklahoma.

(June 26, 1936, ch. 831, §8, 49 Stat. 1968.)

Editorial Notes

Codification

Section was formerly classified to section 508 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 903a (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLI: MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF FEDERAL SUPERVISION / Section 903a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 93–197, §3, Dec. 22, 1973, 87 Stat. 770; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695, which related to Federal recognition of the Menominee Tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 4352 (2024) — Title 25: INDIANS / Chapter 44A: NATIVE AMERICAN TOURISM AND IMPROVING VISITOR EXPERIENCE / Section 4352: Definitions
Definitions
Status: in_force

In this chapter:

(1) Agency

The term "agency" has the meaning given the term in section 551 of title 5.

(2) Indian tribe

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

(3) Native Hawaiian organization

The term "Native Hawaiian organization" means a nonprofit organization—

(A) that serves the interests of Native Hawaiians;

(B) in which Native Hawaiians serve in substantive and policymaking positions; and

(C) that is recognized for having expertise in Native Hawaiian culture and heritage, including tourism.

(4) Tribal organization

The term "tribal organization" has the meaning given the term in section 5304 of this title.

(Pub. L. 114–221, §3, Sept. 23, 2016, 130 Stat. 848.)
25 U.S.C. § 728 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXI: ALABAMA AND COUSHATTA INDIANS OF TEXAS: TERMINATION OF FEDERAL SUPERVISION / Section 728: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 23, 1954, ch. 831, §8, 68 Stat. 769, which related to protection of Alabama and Coushatta Indians and conservation of resources after the date of the proclamation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2106 (2024) — Title 25: INDIANS / Chapter 23: DEVELOPMENT OF TRIBAL MINERAL RESOURCES / Section 2106: Assistance to tribes or individuals during Minerals Agreement negotiations
Assistance to tribes or individuals during Minerals Agreement negotiations
Status: in_force

In carrying out the obligations of the United States, the Secretary shall ensure that upon the request of an Indian tribe or individual Indian and to the extent of his available resources, such tribe or individual Indian shall have available advice, assistance, and information during the negotiation of a Minerals Agreement. The Secretary may fulfill this responsibility either directly through the use of Federal officials and resources or indirectly by providing financial assistance to the Indian tribe or individual Indian to secure independent assistance.

(Pub. L. 97–382, §7, Dec. 22, 1982, 96 Stat. 1940.)
25 U.S.C. § 3744 (2024) — Title 25: INDIANS / Chapter 39: AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT / Subchapter III: GENERAL PROVISIONS / Section 3744: Federal, State and local authority
Federal, State and local authority
Status: in_force

(a) Disclaimer

Nothing in this chapter shall be construed to supersede or limit the authority of Federal, State or local agencies otherwise authorized by law to provide services to Indians.

(b) Duplication of services

The Secretary shall work with all appropriate Federal departments and agencies to avoid duplication of programs and services currently available to Indian tribes and landowners from other sources.

(Pub. L. 103–177, title III, §304, Dec. 3, 1993, 107 Stat. 2022.)
25 U.S.C. § 3904 (2024) — Title 25: INDIANS / Chapter 41: INDIAN LANDS OPEN DUMP CLEANUP / Section 3904: Authority of Director of Indian Health Service
Authority of Director of Indian Health Service
Status: in_force

(a) Reservation inventory

(1) Upon request by an Indian tribal government or Alaska Native entity, the Director shall—

(A) conduct an inventory and evaluation of the contents of open dumps on the Indian lands or Alaska Native lands which are subject to the authority of the Indian tribal government or Alaska Native entity;

(B) determine the relative severity of the threat to public health and the environment posed by each dump based on information available to the Director and the Indian tribal government or Alaska Native entity unless the Director, in consultation with the Indian tribal government or Alaska Native entity, determines that additional actions such as soil testing or water monitoring would be appropriate in the circumstances; and

(C) develop cost estimates for the closure and postclosure maintenance of such dumps.

(2) The inventory and evaluation authorized under paragraph (1)(A) shall be carried out cooperatively with the Administrator of the Environmental Protection Agency. The Director shall obtain the concurrence of the Administrator in the determination of relative severity made under paragraph (1)(B).

(b) Assistance

Upon completion of the activities required to be performed pursuant to subsection (a), the Director shall, subject to subsection (c), provide financial and technical assistance to the Indian tribal government or Alaska Native entity to carry out the activities necessary to—

(1) close such dumps; and

(2) provide for postclosure maintenance of such dumps.

(c) Conditions

All assistance provided pursuant to subsection (b) shall be made available on a site-specific basis in accordance with priorities developed by the Director. Priorities on specific Indian lands or Alaska Native lands shall be developed in consultation with the Indian tribal government or Alaska Native entity. The priorities shall take into account the relative severity of the threat to public health and the environment posed by each open dump and the availability of funds necessary for closure and postclosure maintenance.

(Pub. L. 103–399, §5, Oct. 22, 1994, 108 Stat. 4166.)
25 U.S.C. § 149 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 149: Indian Water Rights Settlement Completion Fund
Indian Water Rights Settlement Completion Fund
Status: in_force

(a) Establishment

There is established in the Treasury of the United States a fund to be known as the "Indian Water Rights Settlement Completion Fund" (referred to in this section as the "Fund").

(b) Deposits

(1) In general

On the later of October 1, 2021, and November 15, 2021, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Fund $2,500,000,000, to remain available until expended.

(2) Availability

Amounts deposited in the Fund under paragraph (1) shall be available to the Secretary of the Interior, without further appropriation or fiscal year limitation, for the uses described in subsection (c).

(c) Uses

Subject to subsection (d), amounts deposited in the Fund under subsection (b) shall be used by the Secretary of the Interior for transfers to funds or accounts authorized to receive discretionary appropriations, or to satisfy other obligations identified by the Secretary of the Interior, under an Indian water settlement approved and authorized by an Act of Congress before November 15, 2021.

(d) Scope of transfers

(1) In general

Transfers authorized under subsection (c) shall be made in such amounts as are determined by the Secretary of the Interior to be appropriate to satisfy the obligations of the United States, including appropriate indexing, pursuant to the applicable Indian water settlement.

(2) Sequence and timing

The Secretary of the Interior shall have the discretion to determine the sequence and timing of transfers from the Fund under subsection (c) in order to substantially complete the eligible Indian water settlements as expeditiously as practicable.

(Pub. L. 117–58, div. G, title I, §70101, Nov. 15, 2021, 135 Stat. 1250.)
25 U.S.C. § 4028 (2024) — Title 25: INDIANS / Chapter 42: AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM / Subchapter II: INDIAN TRUST FUND MANAGEMENT PROGRAM / Section 4028: Report to Congress
Report to Congress
Status: in_force

The Secretary shall, beginning one year after October 25, 1994, submit an annual report to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate on the implementation of programs under this subchapter. Such report shall include recommendations (if any) for changes necessary to better implement the purpose of this subchapter.

(Pub. L. 103–412, title II, §208, Oct. 25, 1994, 108 Stat. 4243.)
25 U.S.C. § 3077 (2024) — Title 25: INDIANS / Chapter 32B: SAFEGUARD TRIBAL OBJECTS OF PATRIMONY / Section 3077: Treatment under Freedom of Information Act
Treatment under Freedom of Information Act
Status: in_force

(a) In general

Except as provided in subsection (c), the following information shall be exempt from disclosure under section 552 of title 5:

(1) Information that a representative of an Indian Tribe or Native Hawaiian organization—

(A) submits to a Federal agency pursuant to this chapter or an amendment made by this Act; and

(B) designates as sensitive or private according to Native American custom, law, culture, or religion.

(2) Information that any person submits to a Federal agency pursuant to this chapter or an amendment made by this Act that relates to an item for which an export certification is denied under this chapter.

(b) Applicability

For purposes of subsection (a), this chapter shall be considered a statute described in section 552(b)(3)(B) of title 5.

(c) Exception

An Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information.

(Pub. L. 117–258, §9, Dec. 21, 2022, 136 Stat. 2385.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3071 of this title and Tables.

An amendment made by this Act, referred to in subsec. (a)(1)(A), (2), means the amendment made by Pub. L. 117–258, which amended section 1170 of Title 18, Crimes and Criminal Procedure.
25 U.S.C. § 3109 (2024) — Title 25: INDIANS / Chapter 33: NATIONAL INDIAN FOREST RESOURCES MANAGEMENT / Section 3109: Indian forest land assistance account
Indian forest land assistance account
Status: in_force

(a) Establishment

At the request of an Indian tribe, the Secretary may establish a special Indian forest land assistance account within the tribe's trust fund account to fund the Indian forest land management activities of such tribe.

(b) Deposits and expenditures

(1) The Secretary may deposit into the Indian forest land assistance account established pursuant to subsection (a) any funds received by the Secretary or in the Secretary's possession from—

(A) non-Federal sources, if such funds are related to activities on or for the Indian forest lands of such tribe's reservation,

(B) donations and contributions,

(C) unobligated forestry appropriations for the benefit of such Indian tribe, and

(D) user fees or other funds transferred under Federal interagency agreements if otherwise authorized by Federal law and, if such funds are related to activities on or for the Indian forest lands of such tribe's reservation.

Funds deposited in such account shall be for the purpose of conducting forest land management activities on the Indian forest lands of such tribe.

(2) Funds in the Indian forest land assistance account and any interest or other income earned thereon shall remain available until expended and shall not be available to otherwise offset Federal appropriations for meeting the Federal responsibility for management of Indian forest lands.

(c) Audits

At the request of an Indian tribe or upon the Secretary's own volition, the Secretary may conduct audits of the Indian forest land assistance account and shall publish the results of such audit.

(Pub. L. 101–630, title III, §310, Nov. 28, 1990, 104 Stat. 4538.)
25 U.S.C. § 5355 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter III: INDIAN EDUCATION ASSISTANCE / Section 5355: Eligibility for funds of tribe or tribal organization controlling or managing private schools
Eligibility for funds of tribe or tribal organization controlling or managing private schools
Status: in_force

The Secretary is authorized and directed to provide funds, pursuant to this chapter; the the 1 Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 5342 et seq.]; or any other authority granted to him to any tribe or tribal organization which controls and manages any previously private school.

(Pub. L. 93–638, title II, §208, Jan. 4, 1975, 88 Stat. 2216; Pub. L. 97–375, title I, §108(d), Dec. 21, 1982, 96 Stat. 1820.)

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.

Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the Johnson-O'Malley Act, which is classified generally to section 5342 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

Codification

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

Amendments

1982—Pub. L. 97–375 struck out provisions relating to annual reporting requirements of Secretary to Congressional committees respecting educational assistance program conducted pursuant to this section.

1 So in original.
25 U.S.C. § 1622 (2024) — Title 25: INDIANS / Chapter 18: INDIAN HEALTH CARE / Subchapter II: HEALTH SERVICES / Section 1622: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section, Pub. L. 94–437, title IV, §404, as added Pub. L. 96–537, §6, Dec. 17, 1980, 94 Stat. 3176, which related to grants to and contracts with tribal organizations, was transferred to section 1644 of this title.
25 U.S.C. § 17 (2024) — Title 25: INDIANS / Chapter 1: BUREAU OF INDIAN AFFAIRS / Section 17: Use of Bureau facilities
Use of Bureau facilities
Status: in_force

(a) In general

The Secretary of the Interior may permit tribal governments and organizations and student organizations to use Bureau of Indian Affairs equipment, land, buildings, and other structures if such use does not interfere with the purpose for which they are administered by the Bureau and when such use benefits Indians or Federal or federally funded programs. The Secretary may charge the user for the cost of the utilities and other expenses incurred for the use. The amounts collected shall be credited to the appropriation or fund from which the expenses are paid and shall be available until the end of the fiscal year following the fiscal year in which collected. The Secretary's decision to not permit a use under this section is final and shall not be subject to judicial review.

(b) Scope of authority

The authority provided by this section is in addition to, and not in derogation of, any other authority available to the Secretary of the Interior.

(c) Limitation of liability

The payment of any fee, or agreement to pay costs, to the Secretary shall not in any way or to any extent limit the right of the United States to rely upon sovereign immunity or any State or Federal statute limiting liability or damages from injuries sustained in connection with use under this section.

(Pub. L. 100–297, title V, §5405, Apr. 28, 1988, 102 Stat. 417; Pub. L. 100–427, §25, Sept. 9, 1988, 102 Stat. 1613.)

Editorial Notes

Amendments

1988—Subsec. (a). Pub. L. 100–427, §25(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Secretary of the Interior may permit tribal, student, and other non-Federal organizations to use facilities, lands, and equipment administered by the Bureau of Indian Affairs if such use does not interfere with the purpose for which the facilities, land, and equipment are administered by the Bureau. The Secretary of the Interior may charge the user for the actual or estimated additional cost of utilities or other expenses incurred because of the use and the amounts collected shall be credited to the appropriation or fund from which the expenses are paid."

Subsec. (c). Pub. L. 100–427, §25(b), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

For effective date and applicability of section, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education.
25 U.S.C. § 4233 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4233: Lease requirements and tenant selection
Lease requirements and tenant selection
Status: in_force

(a) Leases

Except to the extent otherwise provided by or inconsistent with the laws of the State of Hawaii, in renting dwelling units in affordable housing assisted with grant amounts provided under this subchapter, the Director, owner, or manager shall use leases that—

(1) do not contain unreasonable terms and conditions;

(2) require the Director, owner, or manager to maintain the housing in compliance with applicable housing codes and quality standards;

(3) require the Director, owner, or manager to give adequate written notice of termination of the lease, which shall be the period of time required under applicable State or local law;

(4) specify that, with respect to any notice of eviction or termination, notwithstanding any State or local law, a resident shall be informed of the opportunity, before any hearing or trial, to examine any relevant documents, record, or regulations directly related to the eviction or termination;

(5) require that the Director, owner, or manager may not terminate the tenancy, during the term of the lease, except for serious or repeated violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or for other good cause; and

(6) provide that the Director, owner, or manager may terminate the tenancy of a resident for any activity, engaged in by the resident, any member of the household of the resident, or any guest or other person under the control of the resident, that—

(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other residents or employees of the Department, owner, or manager;

(B) threatens the health or safety of, or right to peaceful enjoyment of their premises by, persons residing in the immediate vicinity of the premises; or

(C) is criminal activity (including drug-related criminal activity) on or off the premises.

(b) Tenant or homebuyer selection

As a condition to receiving grant amounts under this subchapter, the Director shall adopt and use written tenant and homebuyer selection policies and criteria that—

(1) are consistent with the purpose of providing housing for low-income families;

(2) are reasonably related to program eligibility and the ability of the applicant to perform the obligations of the lease; and

(3) provide for—

(A) the selection of tenants and homebuyers from a written waiting list in accordance with the policies and goals set forth in an applicable housing plan approved under section 4223 of this title; and

(B) the prompt notification in writing of any rejected applicant of the grounds for that rejection.

(Pub. L. 104–330, title VIII, §814, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2889, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2983.)

Editorial Notes

Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted identical sections 814 of Pub. L. 104–330. This section is based on the text of section 814 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.
25 U.S.C. § 5804 (2024) — Title 25: INDIANS / Chapter 50: NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM / Section 5804: Regulations
Regulations
Status: in_force

Not later than 180 days after October 20, 2020, the Secretary shall promulgate regulations to implement the program.

(Pub. L. 116–174, §5, Oct. 20, 2020, 134 Stat. 847.)
25 U.S.C. § 416a (2024) — Title 25: INDIANS / Chapter 12: LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS / Section 416a: Lease provisions
Lease provisions
Status: in_force

(a) Covenant not to cause waste, etc.

Every lease entered into under section 416 of this title shall contain a covenant on the part of the lessee that he will not commit or permit on the leased land any act which causes waste or a nuisance or which creates a hazard to health of persons or to property, wherever such persons or property may be.

(b) Judicial enforcement

The State of Arizona, or any political subdivision thereof contiguous with the San Xavier or Salt River Pima-Maricopa Indian Reservation, may bring suit, without regard to the amount in controversy, in the United States District Court for the District of Arizona to abate or enjoin any violation of the covenant required under subsection (a): Provided, That if, by reason of the citizenship of the parties and the law applicable to the cause of action, the District Court finds it lacks jurisdiction to hear and determine such suit, it may be brought in any court of competent jurisdiction of the State of Arizona.

(c) Binding arbitration of disputes

Any contract, including a lease, affecting land within the Salt River Pima-Maricopa Indian Reservation may contain a provision for the binding arbitration of disputes arising out of such contract. Such contracts shall be considered within the meaning of "commerce" as defined and subject to the provisions of section 1 of title 9. Any refusal to submit to arbitration pursuant to a binding agreement for arbitration or the exercise of any right conferred by title 9 to abide by the outcome of arbitration pursuant to the provisions of chapter 1 of title 9, sections 1 through 14, shall be deemed to be a civil action arising under the Constitution, laws or treaties of the United States within the meaning of section 1331 of title 28.

(Pub. L. 89–715, §2, Nov. 2, 1966, 80 Stat. 1112; Pub. L. 98–163, Nov. 22, 1983, 97 Stat. 1016; Pub. L. 108–329, §1(a), Oct. 16, 2004, 118 Stat. 1274.)

Editorial Notes

Amendments

2004—Subsec. (c). Pub. L. 108–329, in first sentence, substituted "Any contract, including a lease, affecting land" for "Any lease entered into under sections 416 to 416j or 415 to 415d of this title or any contract entered into under section 81 of this title, affecting land" and "such contract" for "such lease or contract" and, in second sentence, substituted "Such contracts" for "Such leases or contracts entered into pursuant to such sections".

1983—Subsec. (c). Pub. L. 98–163 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–329, §1(b), Oct. 16, 2004, 118 Stat. 1274, provided that: "The amendments made by this section [amending this section] shall take effect as if included in the Indian Tribal Economic Development and Contract Encouragement Act of 2000 (Public Law 106–179)."
25 U.S.C. § 3071 (2024) — Title 25: INDIANS / Chapter 32B: SAFEGUARD TRIBAL OBJECTS OF PATRIMONY / Section 3071: Purposes
Purposes
Status: in_force

The purposes of this chapter are—

(1) to carry out the trust responsibility of the United States to Indian Tribes;

(2) to increase the maximum penalty for actions taken in violation of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act), in order to strengthen deterrence;

(3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act) and archaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) by—

(A) explicitly prohibiting the export;

(B) creating an export certification system; and

(C) confirming the authority of the President to request from foreign nations agreements or provisional measures to prevent irremediable damage to Native American cultural heritage;

(4) to establish a Federal framework in order to support the voluntary return by individuals and organizations of items of tangible cultural heritage, including items covered by the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act) and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);

(5) to establish an interagency working group to ensure communication between Federal agencies to successfully implement this chapter, the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and other relevant Federal laws;

(6) to establish a Native working group of Indian Tribes and Native Hawaiian organizations to assist in the implementation of this chapter, the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and other relevant Federal laws;

(7) to exempt from disclosure under section 552 of title 5 (commonly known as the "Freedom of Information Act")—

(A) information submitted by Indian Tribes or Native Hawaiian organizations pursuant to this chapter; and

(B) information relating to an Item Requiring Export Certification for which an export certification was denied pursuant to this chapter; and

(8) to encourage buyers to purchase legal contemporary art made by Native artists for commercial purposes.

(Pub. L. 117–258, §2, Dec. 21, 2022, 136 Stat. 2372.)

Editorial Notes

References in Text

This chapter, referred to in the provision preceding par. (1) and in pars. (5) to (7), was in the original "this Act", meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

The Native American Graves Protection and Repatriation Act, referred to in pars. (2) to (6), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

The Archaeological Resources Protection Act of 1979, referred to in pars. (3) to (6), is Pub. L. 96–95, Oct. 31, 1979, 93 Stat. 721, which is classified generally to chapter 1B (§470aa et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 470aa of Title 16 and Tables.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 117–258, §1, Dec. 21, 2022, 136 Stat. 2372, provided that: "This Act [enacting this chapter and amending section 1170 of Title 18, Crimes and Criminal Procedure] may be cited as the 'Safeguard Tribal Objects of Patrimony Act of 2021'."
25 U.S.C. § 1814 (2024) — Title 25: INDIANS / Chapter 20: TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE / Subchapter I: TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM / Section 1814: Miscellaneous provisions
Miscellaneous provisions
Status: in_force

(a) Eligibility of Navajo Tribe

The Navajo Tribe shall not be eligible to participate under the provisions of this subchapter.

(b) Discriminatory practices prohibited

(1) The Secretary shall not provide any funds to any institution which denies admission to any Indian student because such individual is not a member of a specific Indian tribe, or which denies admission to any Indian student because such individual is a member of a specific tribe.

(2) The Secretary shall take steps to recover any unexpended and unobligated funds provided under this subchapter held by an institution determined to be in violation of paragraph (1).

(Pub. L. 95–471, title I, §114, formerly §113, Oct. 17, 1978, 92 Stat. 1329; renumbered §114, Pub. L. 98–192, §4(a)(1), Dec. 1, 1983, 97 Stat. 1336.)
25 U.S.C. § 470 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 470: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 470 was editorially reclassified as section 5113 of this title.
25 U.S.C. § 462 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 462: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 462 was editorially reclassified as section 5102 of this title.
25 U.S.C. § 1296 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXXI: DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1296: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–456, §6, Oct. 3, 1972, 86 Stat. 763, which exempted funds distributed per capita under the provisions of this subchapter from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 903f (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLI: MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF FEDERAL SUPERVISION / Section 903f: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 93–197, §8, Dec. 22, 1973, 87 Stat. 773, which authorized appropriations as may be 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. § 712b (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 712b: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 97–391, §4, Dec. 29, 1982, 96 Stat. 1961; Pub. L. 100–139, §7(a), Oct. 26, 1987, 101 Stat. 828, which related to organization of tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5115 (2024) — Title 25: INDIANS / Chapter 45: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 5115: Vocational and trade schools; appropriation for tuition
Vocational and trade schools; appropriation for tuition
Status: in_force

There is authorized to be appropriated, out of any funds in the United States Treasury not otherwise appropriated, a sum not to exceed $250,000 annually, together with any unexpended balances of previous appropriations made pursuant to this section, for loans to Indians for the payment of tuition and other expenses in recognized vocational and trade schools: Provided, That not more than $50,000 of such sum shall be available for loans to Indian students in high schools and colleges. Such loans shall be reimbursable under rules established by the Commissioner of Indian Affairs.

(June 18, 1934, ch. 576, §11, 48 Stat. 986.)

Editorial Notes

Codification

Section was formerly classified to section 471 of this title prior to editorial reclassification and renumbering as this section.

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

Editorial Notes

Codification

Section, act Sept. 1, 1937, ch. 897, §1, 50 Stat. 900, which declared purpose of this subchapter for establishment of a reindeer industry, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title

Act Sept. 1, 1937, ch. 897, 50 Stat. 900, which enacted this subchapter, was popularly known as the "Reindeer Industry Act of 1937".

Repeals

Act Sept. 1, 1937, ch. 897, §17, 50 Stat. 902, which repealed provisions inconsistent with this subchapter, was omitted from the Code as being of special and not general application.

Authorization of Appropriations

Act Sept. 1, 1937, ch. 897, §16, 50 Stat. 902, which authorized the appropriation of $2,000,000 to carry out this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 426 (2024) — Title 25: INDIANS / Chapter 13: CEDED INDIAN LANDS / Section 426: Agreements with Indians not affected
Agreements with Indians not affected
Status: in_force

Nothing in this act shall change, repeal, or modify any agreements or treaties made with any Indian tribes for the disposal of their lands, or of land ceded to the United States to be disposed of for the benefit of such tribes, and the proceeds thereof to be placed in the Treasury of the United States; and the disposition of such lands shall continue in accordance with the provisions of such treaties or agreements; except as provided in sections 161 and 162 1 of title 43.

(Mar. 3, 1891, ch. 561, §10, 26 Stat. 1099.)

Editorial Notes

References in Text

This act, referred to in text, means act Mar. 3, 1891, ch. 561, 26 Stat. 1095, which enacted this section and former section 495 of this title, sections 471, 607, 611, 611a, and 613 of Title 16, Conservation, sections 30, 36, 44, 45, 48, and 52 of Title 30, Mineral Lands and Mining, sections 161, 162, 173, 174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a–6, 718, 728, 732, 893, 946 to 949, 989, 2505, and 2506 of Title 43, Public Lands, and former section 1181 of Title 43. For complete classification of this Act to the Code, see Tables.

Sections 161 and 162 of title 43, referred to in text, were repealed by Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787.

Codification

Section was formerly classified to section 1197 of Title 43, Public Lands, prior to editorial reclassification and renumbering as this section, where it had originally appeared prior to transfer to Title 43.

1 See References in Text note below.
25 U.S.C. § 695 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXX: WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION / Section 695: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 13, 1954, ch. 733, §5, 68 Stat. 725, which related to transfer of tribal property by the Secretary of the Interior to a corporation or other legal entity organized by the tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 287 (2024) — Title 25: INDIANS / Chapter 7: EDUCATION OF INDIANS / Section 287: Taking child to school in another State without written consent
Taking child to school in another State without written consent
Status: in_force

No Indian child shall be taken from any school in any State or Territory to a school in any other State against its will or without the written consent of its parents.

(June 10, 1896, ch. 398, §1, 29 Stat. 348.)
25 U.S.C. § 983 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLVI: PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL SUPERVISION / Section 983: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 101–484, §2, Oct. 31, 1990, 104 Stat. 1167, 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. 101–484, §1, Oct. 31, 1990, 104 Stat. 1167, provided that Pub. L. 101–484, enacting this subchapter, could be cited as the "Ponca Restoration Act".
25 U.S.C. § 427 (2024) — Title 25: INDIANS / Chapter 13: CEDED INDIAN LANDS / Section 427: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section, act Feb. 9, 1903, ch. 531, 32 Stat. 820, which extended town-site laws to ceded lands in Minnesota, was transferred to section 731 of Title 43, Public Lands.
25 U.S.C. § 177 (2024) — Title 25: INDIANS / Chapter 5: PROTECTION OF INDIANS / Section 177: Purchases or grants of lands from Indians
Purchases or grants of lands from Indians
Status: in_force

No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of $1,000. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty.

(R.S. §2116.)

Editorial Notes

Codification

R.S. §2116 derived from act June 30, 1834, ch. 161, §12, 4 Stat. 730.
25 U.S.C. § 4235 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4235: Annual allocation
Annual allocation
Status: in_force

For each fiscal year, the Secretary shall allocate any amounts made available for assistance under this subchapter for the fiscal year, in accordance with the formula established pursuant to section 4236 of this title to the Department of Hawaiian Home Lands if the Department complies with the requirements under this subchapter for a grant under this subchapter.

(Pub. L. 104–330, title VIII, §816, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2984.)

Editorial Notes

Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted identical sections 816 of Pub. L. 104–330. This section is based on the text of section 816 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.
25 U.S.C. § 161a (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter III: DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS / Section 161a: Tribal funds in trust in Treasury Department; investment by Secretary of the Treasury; maturities; interest; funds held in trust for individual Indians
Tribal funds in trust in Treasury Department; investment by Secretary of the Treasury; maturities; interest; funds held in trust for individual Indians
Status: in_force

(a) All funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of Indian tribes shall be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.

(b) All funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of individual Indians shall be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable securities.

(Feb. 12, 1929, ch. 178, §1, 45 Stat. 1164; June 13, 1930, ch. 483, 46 Stat. 584; Pub. L. 98–451, Oct. 4, 1984, 98 Stat. 1729; Pub. L. 103–412, title I, §103(a), Oct. 25, 1994, 108 Stat. 4241.)

Editorial Notes

Amendments

1994—Pub. L. 103–412 designated existing provisions as subsec. (a) and added subsec. (b).

1984—Pub. L. 98–451 amended section generally, substituting provisions directing that all funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of Indian tribes be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities for provisions which required that all funds with account balances exceeding $500 held in trust by the United States and carried in principal accounts on the books of the Treasury Department to the credit of Indian tribes, upon which interest was not otherwise authorized by law, bear simple interest at the rate of 4 per centum per annum.

1930—Act June 13, 1930, amended section generally.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–412, title I, §103(d), Oct. 25, 1994, 108 Stat. 4241, provided that: "The amendment made by subsection (a) [amending this section] shall apply to interest earned on amounts deposited or invested on or after the date of the enactment of this Act [Oct. 25, 1994]."

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury, with power to delegate, see Reorg. Plan No. 26 of 1950, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.
25 U.S.C. § 4232 (2024) — Title 25: INDIANS / Chapter 43: NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION / Subchapter VIII: HOUSING ASSISTANCE FOR NATIVE HAWAIIANS / Section 4232: Low-income requirement and income targeting
Low-income requirement and income targeting
Status: in_force

(a) In general

Housing shall qualify for affordable housing for purposes of this subchapter only if—

(1) each dwelling unit in the housing—

(A) in the case of rental housing, is made available for occupancy only by a family that is a low-income family at the time of the initial occupancy of that family of that unit; and

(B) in the case of housing for homeownership, is made available for purchase only by a family that is a low-income family at the time of purchase; and

(2) each dwelling unit in the housing will remain affordable, according to binding commitments satisfactory to the Secretary, for—

(A) the remaining useful life of the property (as determined by the Secretary) without regard to the term of the mortgage or to transfer of ownership; or

(B) such other period as the Secretary determines is the longest feasible period of time consistent with sound economics and the purposes of this subchapter, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if that action—

(i) recognizes any contractual or legal rights of any public agency, nonprofit sponsor, or other person or entity to take an action that would—

(I) avoid termination of low-income affordability, in the case of foreclosure; or

(II) transfer ownership in lieu of foreclosure; and

(ii) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary.

(b) Exception

Notwithstanding subsection (a), housing assistance pursuant to section 4228(a)(2)(B) of this title shall be considered affordable housing for purposes of this subchapter.

(Pub. L. 104–330, title VIII, §813, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2982.)

Editorial Notes

Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted identical sections 813 of Pub. L. 104–330. This section is based on the text of section 813 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.
25 U.S.C. § 674 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXVII: UTE INDIANS OF UTAH / Section 674: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 12, 1953, ch. 406, §1, 67 Stat. 540, which related to use of funds of the Ute Mountain Tribe of the Ute Mountain Reservation for expenditure and per capita payments, taxation of lands and funds, and regulations applicable to loans, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1453 (2024) — Title 25: INDIANS / Chapter 17: FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS / Section 1453: Assistance or activities of other Federal agencies unaffected
Assistance or activities of other Federal agencies unaffected
Status: in_force

No provision of this chapter or any other Act shall be construed to terminate or otherwise curtail the assistance or activities of the Small Business Administration or any other Federal agency with respect to any Indian tribe, organization, or individual because of their eligibility for assistance under this chapter.

(Pub. L. 93–262, §4, Apr. 12, 1974, 88 Stat. 77.)
25 U.S.C. § 589 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XV: SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 589: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–206, §9, Dec. 18, 1971, 85 Stat. 739, which exempted distributed funds from Federal and State income taxes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2414a (2024) — Title 25: INDIANS / Chapter 26: INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT / Subchapter II: COORDINATION OF RESOURCES AND PROGRAMS / Section 2414a: Review of programs
Review of programs
Status: in_force

(a) In general

In the development of the Memorandum of Agreement required by section 2411 of this title, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall review and consider—

(1) the various programs established by Federal law providing health services and benefits to Indian tribes, including those relating to mental health and alcohol and substance abuse prevention and treatment,

(2) tribal, State and local, and private health resources and programs,

(3) where facilities to provide such treatment are or should be located, and

(4) the effectiveness of public and private alcohol and substance abuse treatment programs in operation on October 27, 1986,

to determine their applicability and relevance in carrying out the purposes of this chapter.

(b) Dissemination

The results of the review conducted under subsection (a) shall be provided to every Indian tribe as soon as possible for their consideration and use in the development or modification of a Tribal Action Plan.

(Pub. L. 99–570, title IV, §4208A, formerly §4224, Oct. 27, 1986, 100 Stat. 3207–148; renumbered §4208A, Pub. L. 102–573, title VII, §702(b)(1), Oct. 29, 1992, 106 Stat. 4582; amended Pub. L. 111–211, title II, §241(a)(4), July 29, 2010, 124 Stat. 2289.)

Editorial Notes

Codification

Section was formerly classified to section 2471 of this title prior to renumbering by Pub. L. 102–573.

Pub. L. 111–211, §241(a)(4), which directed amendment of section 4208a of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986, was executed to this section, which is section 4208A of the Act, to reflect the probable intent of Congress. See 2010 Amendment note below.

Amendments

2010—Subsec. (a). Pub. L. 111–211 inserted ", the Attorney General," after "the Secretary of the Interior" in introductory provisions. See Codification note above.
25 U.S.C. § 1341 (2024) — Title 25: INDIANS / Chapter 15: CONSTITUTIONAL RIGHTS OF INDIANS / Subchapter V: MATERIALS AND PUBLICATIONS / Section 1341: Authorization of Secretary
Authorization of Secretary
Status: in_force

(a) Revision of document on "Indian Affairs, Laws and Treaties" and treatise on "Federal Indian Laws"; compilation of official opinions; printing and republication

In order that the constitutional rights of Indians might be fully protected, the Secretary of the Interior is authorized and directed to—

(1) have the document entitled "Indian Affairs, Laws and Treaties" (Senate Document Numbered 319, volumes 1 and 2, Fifty-eighth Congress), revised and extended to include all treaties, laws, Executive orders, and regulations relating to Indian affairs in force on September 1, 1967, and to have such revised document printed at the Government Publishing Office;

(2) have revised and republished the treatise entitled "Federal Indian Law"; and

(3) have prepared, to the extent determined by the Secretary of the Interior to be feasible, an accurate compilation of the official opinions, published and unpublished, of the Solicitor of the Department of the Interior relating to Indian affairs rendered by the Solicitor prior to September 1, 1967, and to have such compilation printed as a Government publication at the Government Publishing Office.

(b) Current services

With respect to the document entitled "Indian Affairs, Laws and Treaties" as revised and extended in accordance with paragraph (1) of subsection (a), and the compilation prepared in accordance with paragraph (3) of such subsection, the Secretary of the Interior shall take such action as may be necessary to keep such document and compilation current on an annual basis.

(c) Authorization of appropriations

There is authorized to be appropriated for carrying out the provisions of this subchapter such sum as may be necessary.

(Pub. L. 90–284, title VII, §701, Apr. 11, 1968, 82 Stat. 80; Pub. L. 93–265, Apr. 12, 1974, 88 Stat. 84; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537.)

Editorial Notes

Amendments

1974—Subsec. (c). Pub. L. 93–265 struck out ", with respect to the preparation but not including printing," before "such sum".

Statutory Notes and Related Subsidiaries

Change of Name

"Government Publishing Office" substituted for "Government Printing Office" in subsec. (a)(1), (3) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
25 U.S.C. § 5341 (2024) — Title 25: INDIANS / Chapter 46: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Subchapter II: CONTRACTS WITH STATES / Section 5341: Donations for Indians; use of gifts; annual report to Congress
Donations for Indians; use of gifts; annual report to Congress
Status: in_force

The Secretary of the Interior may accept donations of funds or other property for the advancement of the Indian race, and he may use the donated property in accordance with the terms of the donation in furtherance of any program authorized by other provision of law for the benefit of Indians. An annual report shall be made to the Congress on donations received and allocations made from such donations. This report shall include administrative costs and other pertinent data.

(Feb. 14, 1931, ch. 171, 46 Stat. 1106; Pub. L. 90–333, June 8, 1968, 82 Stat. 171.)

Editorial Notes

Codification

Section was not enacted as part of the Johnson-O'Malley Act which comprises this subchapter, nor as part of the Indian Self-Determination and Education Assistance Act which comprises this chapter.

Section was formerly classified to section 451 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1968—Pub. L. 90–333 expanded area of permissible uses to which Secretary may put donated property by substituting provisions allowing inclusion of programs otherwise authorized by law intended to benefit Indians for provisions limiting permissible uses to programs otherwise authorized by law only if it could be shown that property would benefit a particular Indian institution or individual, and inserted provisions for an annual report to Congress on donations received and allocations made from such donations.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in this section relating to making an annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 113 of House Document No. 103–7.
25 U.S.C. § 341 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 341: Power to grant rights-of-way not affected
Power to grant rights-of-way not affected
Status: in_force

Nothing in this act shall be so construed as to affect the right and power of Congress to grant the right of way through any lands granted to an Indian, or a tribe of Indians, for railroads or other highways, or telegraph lines, for the public use, or to condemn such lands to public uses, upon making just compensation.

(Feb. 8, 1887, ch. 119, §10, 24 Stat. 391.)

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.
25 U.S.C. § 13f (2024) — Title 25: INDIANS / Chapter 1: BUREAU OF INDIAN AFFAIRS / Section 13f: Tribal priority allocations in Alaska
Tribal priority allocations in Alaska
Status: in_force

(a) Notwithstanding any other provision of law, with respect to amounts made available for tribal priority allocations in Alaska, such amounts on and after October 11, 2000, shall only be provided to tribes the membership of which on June 1 of the preceding fiscal year is composed of at least 25 individuals who are Natives (as such term is defined in section 1602(b) of title 43) who reside in the area generally known as the village for such tribe.

(b) Amounts that would have been made available for tribal priority allocations in Alaska but for the limitation contained in subsection (a) shall be provided to the respective Alaska Native regional nonprofit corporation (as listed in section 103(a)(2) of Public Law 104–193,1 110 Stat. 2159) for the respective region in which a tribe subject to subsection (a) is located, notwithstanding any resolution authorized under federal 2 law to the contrary.

(Pub. L. 106–291, title I, §122, Oct. 11, 2000, 114 Stat. 944; Pub. L. 107–20, title II, §2608, July 24, 2001, 115 Stat. 178.)

Editorial Notes

References in Text

Section 103(a)(2) of Public Law 104–193, 110 Stat. 2159, referred to in subsec. (b), enacted section 419 of act Aug. 14, 1935, ch. 531, which is classified to section 619 of Title 42, The Public Health and Welfare, and contains a listing of Alaska Native regional nonprofit corporations.

Amendments

2001—Subsec. (a). Pub. L. 107–20 inserted "on and after October 11, 2000," after "such amounts" and substituted "June 1 of the preceding fiscal year" for "June 1, 2000".

1 See References in Text note below.

2 So in original. Probably should be capitalized.
25 U.S.C. § 1236 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LXV: CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 1236: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 91–417, §6, Sept. 25, 1970, 84 Stat. 868, which provided for costs incident to carrying out the provisions of this subchapter to be paid from the judgment funds, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1743 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter III: FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT / Section 1743: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 97–399, §4, Dec. 31, 1982, 96 Stat. 2013, which related to findings by the Secretary of the Interior, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1776k (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter X: CROW LAND CLAIMS SETTLEMENT / Section 1776k: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 103–444, §13, Nov. 2, 1994, 108 Stat. 4643, which authorized appropriations, was omitted from the Code as being of special and not general application.
25 U.S.C. § 637 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXI: NAVAJO AND HOPI TRIBES: REHABILITATION / Section 637: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Apr. 19, 1950, ch. 92, §7, 64 Stat. 46, which related to use of Navajo tribal funds, was omitted from the Code as being of special and not general application.
25 U.S.C. § 113 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 113: Mode of disbursements
Mode of disbursements
Status: in_force

At the discretion of the President all disbursements of moneys, whether for annuities or otherwise, to fulfill treaty stipulations with individual Indians or Indian tribes, shall be made in person by the superintendents of Indian affairs, where superintendencies exist, to all Indians or tribes within the limits of their respective superintendencies, in the presence of the local agents and interpreters, who shall witness the same, under such regulations as the Secretary of the Interior may direct.

(R.S. §2089.)

Editorial Notes

Codification

R.S. §2089 derived from act Mar. 3, 1857, ch. 90, §1, 11 Stat. 169.

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.

Transfer of disbursement functions of all Government agencies with certain exceptions to the Fiscal Service, Department of the Treasury, see note set out under section 53 of this title.
25 U.S.C. § 1302 (2024) — Title 25: INDIANS / Chapter 15: CONSTITUTIONAL RIGHTS OF INDIANS / Subchapter I: GENERALLY / Section 1302: Constitutional rights
Constitutional rights
Status: in_force

(a) In general

No Indian tribe in exercising powers of self-government shall—

(1) make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;

(2) violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;

(3) subject any person for the same offense to be twice put in jeopardy;

(4) compel any person in any criminal case to be a witness against himself;

(5) take any private property for a public use without just compensation;

(6) deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense (except as provided in subsection (b));

(7)(A) require excessive bail, impose excessive fines, or inflict cruel and unusual punishments;

(B) except as provided in subparagraph (C), impose for conviction of any 1 offense any penalty or punishment greater than imprisonment for a term of 1 year or a fine of $5,000, or both;

(C) subject to subsection (b), impose for conviction of any 1 offense any penalty or punishment greater than imprisonment for a term of 3 years or a fine of $15,000, or both; or

(D) impose on a person in a criminal proceeding a total penalty or punishment greater than imprisonment for a term of 9 years;

(8) deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law;

(9) pass any bill of attainder or ex post facto law; or

(10) deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons.

(b) Offenses subject to greater than 1-year imprisonment or a fine greater than $5,000

A tribal court may subject a defendant to a term of imprisonment greater than 1 year but not to exceed 3 years for any 1 offense, or a fine greater than $5,000 but not to exceed $15,000, or both, if the defendant is a person accused of a criminal offense who—

(1) has been previously convicted of the same or a comparable offense by any jurisdiction in the United States; or

(2) is being prosecuted for an offense comparable to an offense that would be punishable by more than 1 year of imprisonment if prosecuted by the United States or any of the States.

(c) Rights of defendants

In a criminal proceeding in which an Indian tribe, in exercising powers of self-government, imposes a total term of imprisonment of more than 1 year on a defendant, the Indian tribe shall—

(1) provide to the defendant the right to effective assistance of counsel at least equal to that guaranteed by the United States Constitution; and

(2) at the expense of the tribal government, provide an indigent defendant the assistance of a defense attorney licensed to practice law by any jurisdiction in the United States that applies appropriate professional licensing standards and effectively ensures the competence and professional responsibility of its licensed attorneys;

(3) require that the judge presiding over the criminal proceeding—

(A) has sufficient legal training to preside over criminal proceedings; and

(B) is licensed to practice law by any jurisdiction in the United States;

(4) prior to charging the defendant, make publicly available the criminal laws (including regulations and interpretative documents), rules of evidence, and rules of criminal procedure (including rules governing the recusal of judges in appropriate circumstances) of the tribal government; and

(5) maintain a record of the criminal proceeding, including an audio or other recording of the trial proceeding.

(d) Sentences

In the case of a defendant sentenced in accordance with subsections (b) and (c), a tribal court may require the defendant—

(1) to serve the sentence—

(A) in a tribal correctional center that has been approved by the Bureau of Indian Affairs for long-term incarceration, in accordance with guidelines to be developed by the Bureau of Indian Affairs (in consultation with Indian tribes) not later than 180 days after July 29, 2010;

(B) in the nearest appropriate Federal facility, at the expense of the United States pursuant to the Bureau of Prisons tribal prisoner pilot program described in section 304(c) 1 of the Tribal Law and Order Act of 2010;

(C) in a State or local government-approved detention or correctional center pursuant to an agreement between the Indian tribe and the State or local government; or

(D) in an alternative rehabilitation center of an Indian tribe; or

(2) to serve another alternative form of punishment, as determined by the tribal court judge pursuant to tribal law.

(e) Definition of offense

In this section, the term "offense" means a violation of a criminal law.

(f) Effect of section

Nothing in this section affects the obligation of the United States, or any State government that has been delegated authority by the United States, to investigate and prosecute any criminal violation in Indian country.

(Pub. L. 90–284, title II, §202, Apr. 11, 1968, 82 Stat. 77; Pub. L. 99–570, title IV, §4217, Oct. 27, 1986, 100 Stat. 3207–146; Pub. L. 111–211, title II, §234(a), July 29, 2010, 124 Stat. 2279.)

Editorial Notes

References in Text

Section 304(c) of the Tribal Law and Order Act of 2010, referred to in subsec. (d)(1)(B), probably means section 234(c) of title II of Pub. L. 111–211, which is classified to section 1302a of this title. See par. (13) of H. Con. Res. 304 (111th Congress), which is not classified to the Code.

Amendments

2010—Pub. L. 111–211, §234(a)(1), designated existing provisions as subsec. (a) and inserted subsec. heading.

Subsec. (a)(6). Pub. L. 111–211, §234(a)(2)(A), inserted "(except as provided in subsection (b))" after "assistance of counsel for his defense". Amendment was executed to reflect the probable intent of Congress, notwithstanding errors in the directory language in quoting the text to be inserted.

Subsec. (a)(7). Pub. L. 111–211, §234(a)(2)(B), added par. (7) and struck out former par. (7) which read as follows: "require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year and a fine of $5,000, or both;".

Subsecs. (b) to (f). Pub. L. 111–211, §234(a)(3), added subsecs. (b) to (f).

1986—Par. (7). Pub. L. 99–570, which directed that "for a term of one year and a fine of $5,000, or both" be substituted for "for a term of six months and a fine of $500, or both", was executed by making the substitution for "for a term of six months or a fine of $500, or both" as the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Bureau of Prisons Tribal Prisoner Pilot Program

Pub. L. 111–211, title II, §234(c), July 29, 2010, 124 Stat. 2281, which related to establishment of tribal prisoner pilot program, was transferred to section 1302a of this title.

Purpose of 1986 Amendment

Pub. L. 99–570, title IV, §4217, Oct. 27, 1986, 100 Stat. 3207–146, provided in part that amendment of par. (7) of this section was to "enhance the ability of tribal governments to prevent and penalize the traffic of illegal narcotics on Indian reservations".

1 See References in Text note below.
25 U.S.C. § 565c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIV: KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 565c: Repealed. Pub. L. 117-261, §2, Dec. 21, 2022, 136 Stat. 2393
Repealed. Pub. L. 117-261, §2, Dec. 21, 2022, 136 Stat. 2393
Status: repealed

Section, Pub. L. 89–224, §4, Oct. 1, 1965, 79 Stat. 897, related to disposition of funds remaining after distribution.
25 U.S.C. § 40 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 40: Limits of superintendencies, agencies, and subagencies
Limits of superintendencies, agencies, and subagencies
Status: in_force

The limits of each superintendency, agency, and subagency shall be established by the Secretary of the Interior, either by tribes or geographical boundaries.

(R.S. §2066.)

Editorial Notes

Codification

R.S. §2066 derived from acts June 30, 1834, ch. 162, §7, 4 Stat. 736; Mar. 3, 1847, ch. 66, §1, 9 Stat. 203.

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. § 1086 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LII: QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND / Section 1086: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–655, §6, Oct. 14, 1966, 80 Stat. 905, which authorized the Secretary of the Interior to advance or expend certain tribal funds of the Hoh tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 500a (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter VII: REINDEER INDUSTRY / Section 500a: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1937, ch. 897, §2, 50 Stat. 900, which authorized Secretary of the Interior to acquire reindeer and other property, was omitted from the Code as being of special and not general application.
25 U.S.C. § 494 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter V: PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES / Section 494: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 494 was editorially reclassified as section 5143 of this title.
25 U.S.C. § 1119 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter LIV: MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND / Section 1119: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–659, §9, Oct. 14, 1966, 80 Stat. 910, which authorized the Secretary of the Interior to reserve judgment funds for the payment of litigation expenses related to cases pending before the Indian Claims Commission, was omitted from the Code as being of special and not general application.
25 U.S.C. § 127 (2024) — Title 25: INDIANS / Chapter 4: PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS / Subchapter II: DISBURSEMENT OF MONEYS AND SUPPLIES / Section 127: Repealed. Pub. L. 117-317, §2(2), Dec. 27, 2022, 136 Stat. 4419
Repealed. Pub. L. 117-317, §2(2), Dec. 27, 2022, 136 Stat. 4419
Status: repealed

Section, R.S. §2100; May 29, 1928, ch. 901, §1(81), 45 Stat. 992, disallowed payment to hostile Indian tribes of moneys or annuities stipulated by a treaty.
25 U.S.C. § 756 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXXII: PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION / Section 756: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, §16, 68 Stat. 1103, which related to cancellation of debts of the tribe to the United States, was omitted from the Code as being of special and not general application.
25 U.S.C. § 566e (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XIV: KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 566e: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 99–398, §7, Aug. 27, 1986, 100 Stat. 850, which related to criminal and civil jurisdiction within the reservation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 2414 (2024) — Title 25: INDIANS / Chapter 26: INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT / Subchapter II: COORDINATION OF RESOURCES AND PROGRAMS / Section 2414: Congressional intent in construction of laws
Congressional intent in construction of laws
Status: in_force

It is the intent of Congress that—

(1) specific Federal laws, and administrative regulations promulgated thereunder, establishing programs of the Bureau of Indian Affairs, the Indian Health Service, and other Federal agencies, and

(2) general Federal laws, including laws limiting augmentation of Federal appropriations or encouraging joint or cooperative funding,

shall be liberally construed and administered to achieve the purposes of this chapter.

(Pub. L. 99–570, title IV, §4208, Oct. 27, 1986, 100 Stat. 3207–142.)
25 U.S.C. § 3612 (2024) — Title 25: INDIANS / Chapter 38: INDIAN TRIBAL JUSTICE SUPPORT / Subchapter I: TRIBAL JUSTICE SYSTEMS / Section 3612: Survey of tribal judicial systems
Survey of tribal judicial systems
Status: in_force

(a) In general

Not later than six months after December 3, 1993, the Secretary, in consultation with Indian tribes, shall enter into a contract with a non-Federal entity to conduct a survey of conditions of tribal justice systems and Courts of Indian Offenses to determine the resources and funding, including base support funding, needed to provide for expeditious and effective administration of justice. The Secretary, in like manner, shall annually update the information and findings contained in the survey required under this section.

(b) Local conditions

In the course of any annual survey, the non-Federal entity shall document local conditions of each Indian tribe, including, but not limited to—

(1) the geographic area and population to be served;

(2) the levels of functioning and capacity of the tribal justice system;

(3) the volume and complexity of the caseloads;

(4) the facilities, including detention facilities, and program resources available;

(5) funding levels and personnel staffing requirements for the tribal justice system; and

(6) the training and technical assistance needs of the tribal justice system.

(c) Consultation with Indian tribes

The non-Federal entity shall actively consult with Indian tribes and tribal organizations in the development and conduct of the surveys, including updates thereof, under this section. Indian tribes and tribal organizations shall have the opportunity to review and make recommendations regarding the findings of the survey, including updates thereof, prior to final publication of the survey or any update thereof. After Indian tribes and tribal organizations have reviewed and commented on the results of the survey, or any update thereof, the non-Federal entity shall report its findings, together with the comments and recommendations of the Indian tribes and tribal organizations, to the Secretary, the Committee on Indian Affairs of the Senate, and the Subcommittee on Native American Affairs of the Committee on Natural Resources of the House of Representatives.

(Pub. L. 103–176, title I, §102, Dec. 3, 1993, 107 Stat. 2006.)

Editorial Notes

Change of Name

Subcommittee on Native American Affairs changed to Subcommittee for Indigenous Peoples of the United States.
25 U.S.C. § 640c (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XXI: NAVAJO AND HOPI TRIBES: REHABILITATION / Section 640c: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–189, §4, Dec. 15, 1971, 85 Stat. 646; Pub. L. 95–471, title II, §203(a), Oct. 17, 1978, 92 Stat. 1330; Pub. L. 101–477, §2(b), Oct. 30, 1990, 104 Stat. 1153; Pub. L. 110–315, title IX, §946(c), Aug. 14, 2008, 122 Stat. 3468, which directed the Secretary of the Interior to conduct a detailed survey and study of the academic facilities needs of Diné College and to report to Congress the results of such survey and study, was omitted from the Code as being of special and not general application.
25 U.S.C. § 677aa (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 677aa: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Aug. 27, 1954, ch. 1009, §28, 68 Stat. 878, which authorized the Secretary of the Interior to proceed in any manner in any action upon non-agreement between mixed-blood and full-blood groups, was omitted from the Code as being of special and not general application.
25 U.S.C. § 903e (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLI: MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF FEDERAL SUPERVISION / Section 903e: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 93–197, §7, Dec. 22, 1973, 87 Stat. 773, which authorized the Secretary of the Interior to make such rules and 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. § 2217 (2024) — Title 25: INDIANS / Chapter 24: INDIAN LAND CONSOLIDATION / Section 2217: Reports to Congress
Reports to Congress
Status: in_force

(a) In general

Prior to expiration of the authority provided for in section 2212(a)(2)(A) of this title, the Secretary, after consultation with Indian tribes and other interested parties, shall submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that indicates, for the period covered by the report—

(1) the number of fractional interests in trust or restricted lands acquired; and

(2) the impact of the resulting reduction in the number of such fractional interests on the financial and realty recordkeeping systems of the Bureau of Indian Affairs.

(b) Report

The reports described in subsection (a) and section 2212(a) of this title shall contain findings as to whether the program under this chapter to acquire fractional interests in trust or restricted lands should be extended and whether such program should be altered to make resources available to Indian tribes and individual Indian landowners.

(Pub. L. 97–459, title II, §218, as added Pub. L. 106–462, title I, §103(6), Nov. 7, 2000, 114 Stat. 2004.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original "this Act", which was translated as reading "this title", meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
25 U.S.C. § 1771i (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter V: MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT / Section 1771i: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 100–95, §12, Aug. 18, 1987, 101 Stat. 710, which provided that, for the purpose of eligibility for Federal services, tribal members residing on Martha's Vineyard, Massachusetts, would be deemed to be living on or near an Indian reservation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 265 (2024) — Title 25: INDIANS / Chapter 6: GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS / Subchapter III: TRADERS WITH INDIANS / Section 265: Repealed. Aug. 15, 1953, ch. 506, §1, 67 Stat. 590
Repealed. Aug. 15, 1953, ch. 506, §1, 67 Stat. 590
Status: repealed

Section 265, R.S. §2135, prohibited certain purchases and sales within Indian country by persons other than Indians.

Section 266, R.S. §§467, 2136, prohibited sale of arms in district occupied by uncivilized or hostile Indians.
25 U.S.C. § 3703 (2024) — Title 25: INDIANS / Chapter 39: AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT / Section 3703: Definitions
Definitions
Status: in_force

For the purposes of this chapter:

(1) The term "Indian agricultural lands" means Indian land, including farmland and rangeland, but excluding Indian forest land, that is used for the production of agricultural products, and Indian lands occupied by industries that support the agricultural community, regardless of whether a formal inspection and land classification has been conducted.

(2) The term "agricultural product" means—

(A) crops grown under cultivated conditions whether used for personal consumption, subsistence, or sold for commercial benefit;

(B) domestic livestock, including cattle, sheep, goats, horses, buffalo, swine, reindeer, fowl, or other animal specifically raised and utilized for food or fiber or as beast of burden;

(C) forage, hay, fodder, feed grains, crop residues and other items grown or harvested for the feeding and care of livestock, sold for commercial profit, or used for other purposes; and

(D) other marketable or traditionally used materials authorized for removal from Indian agricultural lands.

(3) The term "agricultural resource" means—

(A) all the primary means of production, including the land, soil, water, air, plant communities, watersheds, human resources, natural and physical attributes, and man-made developments, which together comprise the agricultural community; and

(B) all the benefits derived from Indian agricultural lands and enterprises, including cultivated and gathered food products, fibers, horticultural products, dyes, cultural or religious condiments, medicines, water, aesthetic, and other traditional values of agriculture.

(4) The term "agricultural resource management plan" means a plan developed under section 3711(b) of this title.

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

(6) The term "farmland" means Indian land excluding Indian forest land that is used for production of food, feed, fiber, forage and seed oil crops, or other agricultural products, and may be either dryland, irrigated, or irrigated pasture.

(7) The term "Indian forest land" means forest land as defined in section 3103(3) of this title.

(8) The term "Indian" means an individual who is a member of an Indian tribe.

(9) The term "Indian land" means land that is—

(A) held in trust by the United States for an Indian tribe; or

(B) owned by an Indian or Indian tribe and is subject to restrictions against alienation.

(10) The term "Indian tribe" means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(11) The term "integrated resource management plan" means the plan developed pursuant to the process used by tribal governments to assess available resources and to provide identified holistic management objectives that include quality of life, production goals and landscape descriptions of all designated resources that may include (but not be limited to) water, fish, wildlife, forestry, agriculture, minerals, and recreation, as well as community and municipal resources, and may include any previously adopted tribal codes and plans related to such resources.

(12) The term "land management activity" means all activities, accomplished in support of the management of Indian agricultural lands, including (but not limited to)—

(A) preparation of soil and range inventories, farmland and rangeland management plans, and monitoring programs to evaluate management plans;

(B) agricultural lands and on-farm irrigation delivery system development, and the application of state of the art, soil and range conservation management techniques to restore and ensure the productive potential of Indian lands;

(C) protection against agricultural pests, including development, implementation, and evaluation of integrated pest management programs to control noxious weeds, undesirable vegetation, and vertebrate or invertebrate agricultural pests;

(D) administration and supervision of agricultural leasing and permitting activities, including determination of proper land use, carrying capacities, and proper stocking rates of livestock, appraisal, advertisement, negotiation, contract preparation, collecting, recording, and distributing lease rental receipts;

(E) technical assistance to individuals and tribes engaged in agricultural production or agribusiness; and

(F) educational assistance in agriculture, natural resources, land management and related fields of study, including direct assistance to tribally-controlled community colleges in developing and implementing curriculum for vocational, technical, and professional course work.

(13) The term "Indian landowner" means the Indian or Indian tribe that—

(A) owns such Indian land, or

(B) is the beneficiary of the trust under which such Indian land is held by the United States.

(14) The term "rangeland" means Indian land, excluding Indian forest land, on which the native vegetation is predominantly grasses, grass-like plants, forbs, half-shrubs or shrubs suitable for grazing or browsing use, and includes lands revegetated naturally or artificially to provide a forage cover that is managed as native vegetation.

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

(Pub. L. 103–177, §4, Dec. 3, 1993, 107 Stat. 2012.)

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in par. (10), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
25 U.S.C. § 2709 (2024) — Title 25: INDIANS / Chapter 29: INDIAN GAMING REGULATION / Section 2709: Interim authority to regulate gaming
Interim authority to regulate gaming
Status: in_force

Notwithstanding any other provision of this chapter, the Secretary shall continue to exercise those authorities vested in the Secretary on the day before October 17, 1988, relating to supervision of Indian gaming until such time as the Commission is organized and prescribes regulations. The Secretary shall provide staff and support assistance to facilitate an orderly transition to regulation of Indian gaming by the Commission.

(Pub. L. 100–497, §10, Oct. 17, 1988, 102 Stat. 2472.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, known as the Indian Gaming Regulatory Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
25 U.S.C. § 332 (2024) — Title 25: INDIANS / Chapter 9: ALLOTMENT OF INDIAN LANDS / Section 332: Repealed. Pub. L. 106-462, title I, §106(a)(1), Nov. 7, 2000, 114 Stat. 2007
Repealed. Pub. L. 106-462, title I, §106(a)(1), Nov. 7, 2000, 114 Stat. 2007
Status: repealed

Section 332, act Feb. 8, 1887, ch. 119, §2, 24 Stat. 388, related to selection of allotments.

Section 333, acts Feb. 8, 1887, ch. 119, §3, 24 Stat. 389; June 25, 1910, ch. 431, §9, 36 Stat. 858; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to making of allotments by agents.
25 U.S.C. § 2621 (2024) — Title 25: INDIANS / Chapter 28: INDIAN EDUCATION PROGRAM / Subchapter II: SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN / Section 2621: 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 2621, Pub. L. 100–297, title V, §5321, Apr. 28, 1988, 102 Stat. 403; Pub. L. 100–427, §18, Sept. 9, 1988, 102 Stat. 1612, related to improvement of educational opportunities for Indian children.

Section 2622, Pub. L. 100–297, title V, §5322, Apr. 28, 1988, 102 Stat. 406, related to special educational training programs for teachers of Indian children.

Section 2623, Pub. L. 100–297, title V, §5323, Apr. 28, 1988, 102 Stat. 407; Pub. L. 100–427, §19(a), Sept. 9, 1988, 102 Stat. 1612, provided for fellowships for Indian students.

Section 2624, Pub. L. 100–297, title V, §5324, Apr. 28, 1988, 102 Stat. 408; Pub. L. 100–427, §20, Sept. 9, 1988, 102 Stat. 1612; Pub. L. 101–301, §5(d)(2), May 24, 1990, 104 Stat. 208, authorized programs for gifted and talented Indian children.
25 U.S.C. § 2416 (2024) — Title 25: INDIANS / Chapter 26: INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT / Subchapter II: COORDINATION OF RESOURCES AND PROGRAMS / Section 2416: Newsletter
Newsletter
Status: in_force

(a) In general

The Secretary of the Interior shall publish an alcohol and substance abuse newsletter in cooperation with the Secretary of Health and Human Services and the Secretary of Education to report on Indian alcohol and substance abuse projects and programs. The newsletter shall—

(1) be published once in each calendar quarter,

(2) include reviews of programs determined by the Secretary of the Interior to be exemplary and provide sufficient information to enable interested persons to obtain further information about such programs, and

(3) be circulated without charge to—

(A) schools,

(B) tribal offices,

(C) Bureau of Indian Affairs' agency and area offices,

(D) Indian Health Service area and service unit offices,

(E) Indian Health Service alcohol programs, and

(F) other entities providing alcohol and substance abuse related services or resources to Indian people.

(b) Authorization of appropriations

There are authorized to be appropriated to carry out this section $500,000 for fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.

(Pub. L. 99–570, title IV, §4210, Oct. 27, 1986, 100 Stat. 3207–143; Pub. L. 100–690, title II, §2218, Nov. 18, 1988, 102 Stat. 4222; Pub. L. 102–573, title VII, §703(3), Oct. 29, 1992, 106 Stat. 4583.)

Editorial Notes

Amendments

1992—Subsec. (b). Pub. L. 102–573 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "There are authorized to be appropriated for each of the fiscal years 1989, 1990, 1991, and 1992, $300,000 to carry out the provisions of this section."

1988—Pub. L. 100–690 struck out ", not later than 120 days after October 27, 1986," after "the Interior shall", designated existing provisions as subsec. (a), and added subsec. (b).
25 U.S.C. § 1728 (2024) — Title 25: INDIANS / Chapter 19: INDIAN LAND CLAIMS SETTLEMENTS / Subchapter II: MAINE INDIAN CLAIMS SETTLEMENT / Section 1728: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 96–420, §9, Oct. 10, 1980, 94 Stat. 1795, which provided that payments to a tribe under this subchapter would not affect eligibility of the State for participation in Federal financial aid programs and that receipt of payments from the State would not affect eligibility of a tribe for Federal benefits, was omitted from the Code as being of special and not general application.
25 U.S.C. § 5702 (2024) — Title 25: INDIANS / Chapter 49: SAVANNA'S ACT / Section 5702: Definitions
Definitions
Status: in_force

In this chapter:

(1) Confer

The term "confer" has the meaning given the term in section 1660d of this title.

(2) Databases

The term "databases" means—

(A) the National Crime Information Center database;

(B) the Combined DNA Index System;

(C) the Next Generation Identification System; and

(D) any other database relevant to responding to cases of missing or murdered Indians, including that under the Violent Criminal Apprehension Program and the National Missing and Unidentified Persons System.

(3) Indian

The term "Indian" means a member of an Indian Tribe.

(4) Indian country

The term "Indian country" has the meaning given the term in section 1151 of title 18.

(5) Indian land

The term "Indian land" means Indian lands, as defined in section 4302 of this title.

(6) Indian Tribe

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

(7) Law enforcement agency

The term "law enforcement agency" means a Tribal, Federal, State, or local law enforcement agency.

(Pub. L. 116–165, §3, Oct. 10, 2020, 134 Stat. 760.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 116–165, Oct. 10, 2020, 134 Stat. 760, known as Savanna's 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 5701 of this title and Tables.
25 U.S.C. § 450i (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter II: INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE / Section 450i: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 450i was editorially reclassified as section 5323 of this title.
25 U.S.C. § 1014 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XLVIII: SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION OF JUDGMENT FUND / Section 1014: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 88–464, §4, Aug. 20, 1964, 78 Stat. 563, which provided for costs incurred by the Secretary of the Interior in the preparation of the membership rolls and in the payment of pro rata shares to be paid by appropriate withdrawals from the judgment fund, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1831 (2024) — Title 25: INDIANS / Chapter 20: TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE / Subchapter II: TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ENDOWMENT PROGRAM / Section 1831: Purpose
Purpose
Status: in_force

It is the purpose of this subchapter to provide grants for the encouragement of endowment funds for the operation and improvement of tribally controlled colleges or universities.

(Pub. L. 95–471, title III, §301, as added Pub. L. 98–192, §13, Dec. 1, 1983, 97 Stat. 1341; amended Pub. L. 105–244, title IX, §901(b)(6), Oct. 7, 1998, 112 Stat. 1828.)

Editorial Notes

Amendments

1998—Pub. L. 105–244 substituted "colleges or universities" for "community colleges".

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. § 587 (2024) — Title 25: INDIANS / Chapter 14: MISCELLANEOUS / Subchapter XV: SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND / Section 587: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 92–206, §7, Dec. 18, 1971, 85 Stat. 738, which related to distribution of funds to members of 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. § 61 (2024) — Title 25: INDIANS / Chapter 2: OFFICERS OF INDIAN AFFAIRS / Section 61: Estimates for personal services in Indian Office
Estimates for personal services in Indian Office
Status: in_force

Annual estimates in detail shall be submitted for all personal services required in the Indian Office, and it shall not be lawful to employ in said office any personal services other than those specifically appropriated for in the legislative, executive, and judicial appropriation Acts, except temporary details of field employees for service connected solely with their respective employments.

(Aug. 23, 1912, ch. 350, §1, 37 Stat. 396.)

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.