dreamproit/uscode huggingface dataset:
25 U.S.C. § 2107 (INDIANS)
§ 2107. Regulations; consultation with Indian organizations; pending agreements
Within one hundred and eighty days of December 22, 1982, the Secretary of the Interior shall promulgate rules and regulations to facilitate implementation of this chapter. The Secretary shall, to the extent practicable, consult with national and regional Indian organizations and tribes with expertise in mineral development both in the initial formulation of rules and regulations and any future revision or amendment of such rules and regulations. Where there is pending before the Secretary for his approval a Minerals Agreement of the type authorized by section 2102 of this title which was submitted prior to December 22, 1982, the Secretary shall evaluate and approve or disapprove such agreement based upon section 2103 of this title, but shall not withhold or delay such approval or disapproval on the grounds that the rules and regulations implementing this chapter have not been promulgated.
(Pub. L. 97–382, § 8, Dec. 22, 1982, 96 Stat. 1940.)
25 U.S.C. § 2108 (INDIANS)
§ 2108. Tribal right to develop mineral resources
Nothing in this chapter shall impair any right of an Indian tribe organized under section 16 or 17 of the Act of June 18, 1934 (48 Stat. 987), as amended [25 U.S.C. 476, 477], to develop their mineral resources as may be provided in any constitution or charter adopted by such tribe pursuant to that Act [25 U.S.C. 461 et seq.].
(Pub. L. 97–382, § 9, Dec. 22, 1982, 96 Stat. 1940.)
heading: References in Text
text: Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§ 461 et seq.) of chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.
25 U.S.C. § 2202 (INDIANS)
§ 2202. Other applicable provisions
The provisions of section 465 of this title shall apply to all tribes notwithstanding the provisions of section 478 of this title: Provided, That nothing in this section is intended to supersede any other provision of Federal law which authorizes, prohibits, or restricts the acquisition of land for Indians with respect to any specific tribe, reservation, or state(s).
(Pub. L. 97–459, title II, § 203, Jan. 12, 1983, 96 Stat. 2517.)
25 U.S.C. § 2207 (INDIANS)
§ 2207. Full faith and credit to tribal actions under tribal ordinances limiting descent and distribution of trust or restricted or controlled lands
The Secretary in carrying out his responsibility to regulate the descent and distribution of trust lands under section 372 of this title, and other laws, shall give full faith and credit to any tribal actions taken pursuant to subsections (a) and (b) of section 2205 of this title, which provision shall apply only to estates of decedent’s whose deaths occur on or after the effective date of tribal ordinances adopted pursuant to this chapter.
(Pub. L. 97–459, title II, § 208, Jan. 12, 1983, 96 Stat. 2519; Pub. L. 106–462, title I, § 103(5), Nov. 7, 2000, 114 Stat. 1999.)
heading: Amendments
text: 2000—Pub. L. 106–462 substituted “subsections (a) and (b) of section 2205” for “section 2205”.
25 U.S.C. § 2208 (INDIANS)
§ 2208. Conveyancing authority upon sale or exchange of tribal lands; removal of trust status of individually owned lands
The Secretary shall have the authority to issue deeds, patents, or such other instruments of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to the terms of this chapter and to remove, at the request of an Indian owner, the trust status of individually held lands or interests therein, where authorized by law.
(Pub. L. 97–459, title II, § 209, Jan. 12, 1983, 96 Stat. 2519.)
25 U.S.C. § 2209 (INDIANS)
§ 2209. Trusteeship title of United States for any Indian or Indian tribe
Title to any land acquired under this chapter by any Indian or Indian tribe shall be taken in trust by the United States for that Indian or Indian tribe.
(Pub. L. 97–459, title II, § 210, Jan. 12, 1983, 96 Stat. 2519.)
25 U.S.C. § 2211 (INDIANS)
§ 2211. Governing body of tribe; construction of chapter as not vesting with authority not authorized by tribal constitution or by-laws
Nothing in this chapter shall be construed as vesting the governing body of an Indian tribe with any authority which is not authorized by the constitution and by-laws or other organizational document of such tribe.
(Pub. L. 97–459, title II, § 212, as added Pub. L. 98–608, § 1(5), Oct. 30, 1984, 98 Stat. 3173.)
heading: References in Text
text: This chapter, referred to in text, 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.
25 U.S.C. § 2214 (INDIANS)
§ 2214. Establishing fair market value
For purposes of this chapter, the Secretary may develop a system for establishing the fair market value of various types of lands and improvements. Such a system may include determinations of fair market value based on appropriate geographic units as determined by the Secretary. Such a system may govern the amounts offered for the purchase of interests in trust or restricted land under this chapter.
(Pub. L. 97–459, title II, § 215, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002; amended Pub. L. 108–374, § 6(a)(7), Oct. 27, 2004, 118 Stat. 1802; Pub. L. 109–157, § 6, Dec. 30, 2005, 119 Stat. 2952.)
heading: References in Text
text: This chapter, referred to in text, 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.
heading: Amendments
text: 2005—Pub. L. 109–157 substituted “Such a system may govern the amounts offered for the purchase of interests in trust or restricted land under this chapter.” for “Such system may govern the amounts offered for the purchase of interests in trust or restricted lands under this chapter.”
2004—Pub. L. 108–374, which directed substitution of “this Act” for “section 2212 of this title” in last sentence, was executed by substituting “this chapter” for “section 213”, meaning section 213 of Pub. L. 97–459, which is classified to section 2212 of this title, to reflect the probable intent of Congress.
heading: Effective Date of 2005 Amendment
text: Amendment by Pub. L. 109–157 effective as if included in Pub. L. 108–374, see section 9 of Pub. L. 109–157, set out as a note under section 464 of this title.
25 U.S.C. § 2215 (INDIANS)
§ 2215. Acquisition Fund
(a) In general
The Secretary shall establish an Acquisition Fund to—
(1) disburse appropriations authorized to accomplish the purposes of section 2212 of this title; and
(2) collect all revenues received from the lease, permit, or sale of resources from interests acquired under section 2212 of this title or paid by Indian landowners under section 2212 of this title.
(b) Deposits; use
(1) In general
All proceeds from leases, permits, or resource sales derived from an interest in trust or restricted lands described in subsection (a)(2) of this section shall—
(A) be deposited in the Acquisition Fund;
(B) as specified in advance in appropriations Acts, be available for the purpose of acquiring additional fractional interests in trust or restricted lands; and
(C) be used to acquire undivided interests on the reservation from which the income was derived.
(2) Use of funds
The Secretary may use the revenue deposited in the Acquisition Fund under paragraph (1) to acquire some or all of the undivided interests in any parcels of land in accordance with section 2204 of this title.
(Pub. L. 97–459, title II, § 216, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002; amended Pub. L. 108–374, § 6(a)(8), Oct. 27, 2004, 118 Stat. 1802.)
heading: Amendments
text: 2004—Subsec. (a)(2). Pub. L. 108–374, § 6(a)(8)(A), added par. (2) and struck out former par. (2) which read as follows: “collect all revenues received from the lease, permit, or sale of resources from interests in trust or restricted lands transferred to Indian tribes by the Secretary under section 2212 of this title or paid by Indian landowners under section 2212(c) of this title.”
Subsec. (b)(1). Pub. L. 108–374, § 6(a)(8)(B)(i), substituted “All” for “Subject to paragraph (2), all” in introductory provisions and added subpar. (C).
Subsec. (b)(2). Pub. L. 108–374, § 6(a)(8)(B)(ii), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “With respect to the deposit of proceeds derived from an interest under paragraph (1), the aggregate amount deposited under that paragraph shall not exceed the purchase price of that interest under section 2212 of this title.”
25 U.S.C. § 2217 (INDIANS)
§ 2217. Reports to Congress
(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) of this section 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.)
heading: References in Text
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.
heading: Change of Name
text: 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. § 2219 (INDIANS)
§ 2219. Application to Alaska
(a) Findings
Congress finds that—
(1) numerous academic and governmental organizations have studied the nature and extent of fractionated ownership of Indian land outside of Alaska and have proposed solutions to this problem; and
(2) despite these studies, there has not been a comparable effort to analyze the problem, if any, of fractionated ownership in Alaska.
(b) Application of chapter to Alaska
Except as provided in this section, this chapter shall not apply to land located within Alaska.
(c) Rule of construction
Nothing in this section shall be construed to constitute a ratification of any determination by any agency, instrumentality, or court of the United States that may support the assertion of tribal jurisdiction over allotment lands or interests in such land in Alaska.
(Pub. L. 97–459, title II, § 220, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2006.)
heading: References in Text
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.
25 U.S.C. § 2221 (INDIANS)
§ 2221. Annual notice and filing; current whereabouts of interest owners
On at least an annual basis, the Secretary shall include along with other regular reports to owners of trust or restricted interests in land and individual Indian money account owners a change of name and address form by means of which the owner may confirm or update the owner’s name and address. The change of name and address form shall include a section in which the owner may confirm and update the owner’s name and address.
(Pub. L. 97–459, title II, § 222, as added Pub. L. 108–374, § 7, Oct. 27, 2004, 118 Stat. 1809.)
25 U.S.C. § 2301 (INDIANS)
§ 2301. Definitions
For purposes of this chapter, the term—
(1) “Secretary” means the Secretary of the Interior;
(2) “unauthorized disbursement” means a disbursement made from the trust estate of a deceased Indian which was made by the Secretary to a State or a political subdivision of a State for the purpose of reimbursing the State or political subdivision for any old age assistance made to the deceased Indian before death in violation of Federal laws governing Indian trust property: Provided, That, except for purposes of section 2303 of this title, the term also includes the reimbursements for welfare payments identified in either the list published on April 17, 1985, at page 15290 of volume 50 of the Federal Register, as modified or amended on November 13, 1985, at page 46835 of volume 50 of the Federal Register, or the list published on March 31, 1983, at page 13698 of volume 48 of the Federal Register, as modified or amended on November 7, 1983, at page 51204 of volume 48 of the Federal Register; and
(3) “trust estate” means that portion of the estate that consists of real or personal property, title to which is held by the United States for the benefit of the Indian or which may not be alienated without the consent of the Secretary.
(Pub. L. 98–500, § 2, Oct. 19, 1984, 98 Stat. 2317; Pub. L. 100–153, § 5, Nov. 5, 1987, 101 Stat. 886.)
heading: Amendments
text: 1987—Par. (2). Pub. L. 100–153 inserted proviso that “unauthorized disbursement” includes specifically identified reimbursements for welfare payments.
heading: Short Title
text: Pub. L. 98–500, § 1, Oct. 19, 1984, 98 Stat. 2317, provided: “That this Act [enacting this chapter] may be cited as the ‘Old Age Assistance Claims Settlement Act’.”
25 U.S.C. § 2302 (INDIANS)
§ 2302. Payment of claims
(a) Authority of Secretary
The Secretary is authorized and directed to determine the portion of any unauthorized disbursement to which any individual under this chapter is entitled, and to pay to such individual the amount which the Secretary determines such individual to be entitled. Any payment under this provision shall include interest at a rate of 5 per centum per annum, simple interest, from the date on which such disbursement was made from the trust estate of the deceased Indian.
(b) Minimum amount for payment
No payment shall be made to a person under subsection (a) of this section with respect to any unauthorized disbursement from the trust estate of a deceased Indian if—
(1) the total amount of unauthorized disbursements from such trust estate was less than $50; or
(2) the payment (not including interest) would be less than $10.
(Pub. L. 98–500, § 3, Oct. 19, 1984, 98 Stat. 2317; Pub. L. 100–581, title II, § 201, Nov. 1, 1988, 102 Stat. 2939.)
heading: Amendments
text: 1988—Subsec. (b). Pub. L. 100–581 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “No payment shall be made under subsection (a) of this section with respect to any unauthorized disbursement from the trust estate of a deceased Indian if the total amount of unauthorized disbursement from such trust estate was less than $50.”
25 U.S.C. § 2303 (INDIANS)
§ 2303. Notice
(a) Publication; list of trust estates; unauthorized disbursements; Federal Register
Within one hundred and eighty days after October 19, 1984, the Secretary shall publish in the Federal Register a list of all trust estates from which unauthorized disbursements are known to have been made, including the amount of the unauthorized disbursement made from each such trust estate.
(b) Secretary to provide information to affected tribes, bands, or groups
Within thirty days after the publication of this list, the Secretary shall provide a copy of this chapter and a copy of the Federal Register containing this list, or such parts as may be pertinent, to each Indian tribe, band, or group the rights of whose members may be affected by this chapter.
(c) Submission of additional unauthorized disbursement claims
Any tribe, band or group of Indians, or any individual Indian shall have one hundred and eighty days after the date of the publication in the Federal Register of the list provided for in subsection (b) of this section to submit to the Secretary any additional unauthorized disbursement claims not contained on the list.
(d) Publication of additional unauthorized disbursement claims
Not more than thirty days after the expiration of the one hundred and eighty day period provided for in subsection (c) of this section, the Secretary shall publish in the Federal Register a list containing the additional unauthorized disbursement claims submitted during such period.
(Pub. L. 98–500, § 4, Oct. 19, 1984, 98 Stat. 2317.)
25 U.S.C. § 2304 (INDIANS)
§ 2304. Identification of right to payment and expedited claim payment
(a) Search of records
The Secretary shall conduct a search of the records of the Department of the Interior to identify individuals who are entitled to any portion of the unauthorized disbursements which were made and to ascertain the amount of such unauthorized disbursements to which each of such individuals is entitled.
(b) Payment without filing of claim
In any case in which the Secretary ascertains the name and location of any individual who is entitled to any portion of an unauthorized disbursement and determines the amount of such unauthorized disbursement to which such individual is entitled, the Secretary shall pay such amount, including interest thereon as provided in section 2302 of this title, to such individual immediately without requiring such individual to file a formal claim for payment.
(c) Notification
The Secretary shall use the best available means of notifying each individual who is identified in the search conducted under subsection (a) of this section of the right of such individual to receive payment under this chapter. The means of notification available to the Secretary shall include—
(1) notice provided directly to such individual;
(2) notification of the next of kin of such individual;
(3) notification of the chairman or chief executive officer of the tribe of which such individual is a member or of which the deceased Indian was a member; and
(4) publication of notice in newspapers of general circulation in the appropriate area.
(Pub. L. 98–500, § 5, Oct. 19, 1984, 98 Stat. 2318.)
25 U.S.C. § 2305 (INDIANS)
§ 2305. Discharge and barring of claims
(a) Payment and acceptance
The payment and acceptance of any claim, after its determination in accordance with this chapter, shall be a full discharge to the United States or any State or political subdivision thereof of all claims and demands touching any of the matters involved in the controversy.
(b) Claims filed prior to October 19, 1984
The provisions of this chapter shall not affect claims arising from any unauthorized disbursement which were filed in any court of competent jurisdiction prior to October 19, 1984.
(Pub. L. 98–500, § 6, Oct. 19, 1984, 98 Stat. 2318.)
25 U.S.C. § 2306 (INDIANS)
§ 2306. Authorization of appropriations
(a) There are authorized to be appropriated for the purpose of carrying out the provisions of this chapter $2,500,000 for each of the fiscal years 1986 and 1987, and such sums as may be necessary for any subsequent fiscal year. The amounts appropriated under the authority of this subsection shall remain available without fiscal year limitation for purposes of carrying out the provisions of this chapter until all claims filed under this chapter have been resolved.
(b) Funds necessary to pay the expenses of administering this chapter shall be appropriated and expended under the authority of section 13 of this title.
(Pub. L. 98–500, § 7, Oct. 19, 1984, 98 Stat. 2318.)
25 U.S.C. § 2307 (INDIANS)
§ 2307. Treatment of funds
Funds distributed under the provisions of this chapter shall not be considered as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act [42 U.S.C. 301 et seq.] or, except for per capita shares in excess of $2,000, any Federal or federally assisted program.
(Pub. L. 98–500, § 8, Oct. 19, 1984, 98 Stat. 2319.)
heading: References in Text
text: The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
25 U.S.C. § 2402 (INDIANS)
§ 2402. Purpose
It is the purpose of this chapter to—
(1) authorize and develop a comprehensive, coordinated attack upon the illegal narcotics traffic in Indian country and the deleterious impact of alcohol and substance abuse upon Indian tribes and their members,
(2) provide needed direction and guidance to those Federal agencies responsible for Indian programs to identify and focus existing programs and resources, including those made available by this chapter, upon this problem,
(3) provide authority and opportunities for Indian tribes to develop and implement a coordinated program for the prevention and treatment of alcohol and substance abuse at the local level, and
(4) to 1 modify or supplement existing programs and authorities in the areas of education, family and social services, law enforcement and judicial services, and health services to further the purposes of this chapter.
(Pub. L. 99–570, title IV, § 4203, Oct. 27, 1986, 100 Stat. 3207–138.)
25 U.S.C. § 2414 (INDIANS)
§ 2414. Congressional intent in construction of laws
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.)