dreamproit/uscode huggingface dataset:
25 U.S.C. § 3416 (INDIANS)
§ 3416. Labor market information on Indian work force
(a) Report
The Secretary, in consultation with the Secretary of Labor, shall, in a consistent and reliable manner, develop, maintain and publish, not less than biennially, a report on the population, by gender, eligible for the services which the Secretary provides to Indian people. The report shall include, but is not limited to, information at the national level by State, Bureau of Indian Affairs Service area, and tribal level for the—
(1) total service population;
(2) the service population under age 16 and over 64;
(3) the population available for work, including those not considered to be actively seeking work;
(4) the employed population, including those employed with annual earnings below the poverty line; and
(5) the numbers employed in private sector positions and in public sector positions.
(b) Indian demographic information
The Secretary, in consultation with the Bureau of the Census of the Department of Commerce, and the National Center for Native American Studies and Policy Development authorized by Public Law 101–301, shall prepare a report on the need for comprehensive, accurate and periodically updated information on the size and characteristics of the Indian and Alaska Native population throughout the entire United States. This report shall include the need for information, together with the cost of acquiring such information, on the characteristics and need for education, health, housing, job training, and other basic needs of such population, and shall take into consideration the need for this information by Indian tribes and organizations serving Indians in nonreservation areas. The report shall be submitted to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources and the Committee on Education and Labor of the House of Representatives not later than 12 months after October 23, 1992.
(Pub. L. 102–477, § 17, Oct. 23, 1992, 106 Stat. 2305; Pub. L. 103–437, § 10(e)(1), (2)(C), Nov. 2, 1994, 108 Stat. 4589.)
heading: References in Text
text: Public Law 101–301, referred to in subsec. (b), is Pub. L. 101–301, May 24, 1990, 104 Stat. 206. Section 11 of Pub. L. 101–301, which authorized feasibility study for the establishment of a National Center for Native American Studies and Policy Development, is not classified to the Code. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–437 substituted “Committee on Indian” for “Select Committee on Indian” and “Natural Resources” for “Interior and Insular Affairs”.
heading: Change of Name
text: 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 Twelfth Congress, Jan. 5, 2011.
25 U.S.C. § 3417 (INDIANS)
§ 3417. Assignment of Federal personnel to State Indian economic development programs
Any State with an economic development program targeted to Indian tribes shall be eligible to receive, at no cost to the State, such Federal personnel assignments as the Secretary, in accordance with the applicable provisions of the Intergovernmental Personnel Act of 1970 [42 U.S.C. 4701 et seq.], may deem appropriate to help ensure the success of such program.
(Pub. L. 102–477, § 18, Oct. 23, 1992, 106 Stat. 2306.)
heading: References in Text
text: The Intergovernmental Personnel Act of 1970, referred to in text, is Pub. L. 91–648, Jan. 5, 1971, 84 Stat. 1909, as amended, which enacted sections 3371 to 3376 of Title 5, Government Organization and Employees, and chapter 62 (§ 4701 et seq.) of Title 42, The Public Health and Welfare, amended section 1304 of Title 5 and section 246 of Title 42, repealed sections 1881 to 1888 of Title 7, Agriculture, and section 869b of Title 20, Education, and enacted provisions set out as notes under section 3371 of Title 5. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of Title 42 and Tables.
25 U.S.C. § 3503 (INDIANS)
§ 3503. Indian tribal energy resource regulation
(a) Grants
The Secretary may provide to Indian tribes, on an annual basis, grants for use in accordance with subsection (b).
(b) Use of funds
Funds from a grant provided under this section may be used—
(1)
(A) by an Indian tribe for the development of a tribal energy resource inventory or tribal energy resource on Indian land;
(B) by an Indian tribe for the development of a feasibility study or other report necessary to the development of energy resources on Indian land;
(C) by an Indian tribe (other than an Indian Tribe in the State of Alaska, except the Metlakatla Indian Community) for—
(i) the development and enforcement of tribal laws (including regulations) relating to tribal energy resource development; and
(ii) the development of technical infrastructure to protect the environment under applicable law; or
(D) by a Native Corporation for the development and implementation of corporate policies and the development of technical infrastructure to protect the environment under applicable law; and
(2) by an Indian tribe for the training of employees that—
(A) are engaged in the development of energy resources on Indian land; or
(B) are responsible for protecting the environment.
(c) Other assistance
(1) In carrying out the obligations of the United States under this chapter, the Secretary shall ensure, to the maximum extent practicable and to the extent of available resources, that on the request of an Indian tribe, the Indian tribe shall have available scientific and technical information and expertise, for use in the regulation, development, and management of energy resources of the Indian tribe on Indian land.
(2) The Secretary may carry out paragraph (1)—
(A) directly, through the use of Federal officials; or
(B) indirectly, by providing financial assistance to an Indian tribe to secure independent assistance.
(Pub. L. 102–486, title XXVI, § 2603, as added Pub. L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat. 768.)
heading: Prior Provisions
text: A prior section 3503, Pub. L. 102–486, title XXVI, § 2603, Oct. 24, 1992, 106 Stat. 3114; Pub. L. 105–388, § 10, Nov. 13, 1998, 112 Stat. 3484, related to promotion of energy resource development and energy vertical integration on Indian reservations, prior to the general amendment of this chapter by Pub. L. 109–58.
25 U.S.C. § 3601 (INDIANS)
§ 3601. Findings
The Congress finds and declares that—
(1) there is a government-to-government relationship between the United States and each Indian tribe;
(2) the United States has a trust responsibility to each tribal government that includes the protection of the sovereignty of each tribal government;
(3) Congress, through statutes, treaties, and the exercise of administrative authorities, has recognized the self-determination, self-reliance, and inherent sovereignty of Indian tribes;
(4) Indian tribes possess the inherent authority to establish their own form of government, including tribal justice systems;
(5) tribal justice systems are an essential part of tribal governments and serve as important forums for ensuring public health and safety and the political integrity of tribal governments;
(6) Congress and the Federal courts have repeatedly recognized tribal justice systems as the appropriate forums for the adjudication of disputes affecting personal and property rights;
(7) traditional tribal justice practices are essential to the maintenance of the culture and identity of Indian tribes and to the goals of this chapter;
(8) tribal justice systems are inadequately funded, and the lack of adequate funding impairs their operation; and
(9) tribal government involvement in and commitment to improving tribal justice systems is essential to the accomplishment of the goals of this chapter.
(Pub. L. 103–176, § 2, Dec. 3, 1993, 107 Stat. 2004.)
heading: Short Title
text: Pub. L. 103–176, § 1, Dec. 3, 1993, 107 Stat. 2004, provided that: “This Act [enacting this chapter] may be cited as the ‘Indian Tribal Justice Act’.”
25 U.S.C. § 3602 (INDIANS)
§ 3602. Definitions
For purposes of this chapter:
(1) The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior.
(2) The term “Courts of Indian Offenses” means the courts established pursuant to part 11 of title 25, Code of Federal Regulations.
(3) The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native entity, which administers justice under its inherent authority or the authority of the United States and which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians.
(4) The term “judicial personnel” means any judge, magistrate, court counselor, court clerk, court administrator, bailiff, probation officer, officer of the court, dispute resolution facilitator, or other official, employee, or volunteer within the tribal justice system.
(5) The term “Office” means the Office of Tribal Justice Support within the Bureau of Indian Affairs.
(6) The term “Secretary” means the Secretary of the Interior.
(7) The term “tribal organization” means any organization defined in section 450b(l) of this title.
(8) The term “tribal justice system” means the entire judicial branch, and employees thereof, of an Indian tribe, including (but not limited to) traditional methods and forums for dispute resolution, lower courts, appellate courts (including intertribal appellate courts), alternative dispute resolution systems, and circuit rider systems, established by inherent tribal authority whether or not they constitute a court of record.
(Pub. L. 103–176, § 3, Dec. 3, 1993, 107 Stat. 2004.)
25 U.S.C. § 3611 (INDIANS)
§ 3611. Office of Tribal Justice Support
(a) Establishment
There is hereby established within the Bureau the Office of Tribal Justice Support. The purpose of the Office shall be to further the development, operation, and enhancement of tribal justice systems and Courts of Indian Offenses.
(b) Transfer of existing functions and personnel
All functions performed before December 3, 1993, by the Branch of Judicial Services of the Bureau and all personnel assigned to such Branch as of December 3, 1993, are hereby transferred to the Office of Tribal Justice Support. Any reference in any law, regulation, executive order, reorganization plan, or delegation of authority to the Branch of Judicial Services is deemed to be a reference to the Office of Tribal Justice Support.
(c) Functions
In addition to the functions transferred to the Office pursuant to subsection (b) of this section, the Office shall perform the following functions:
(1) Provide funds to Indian tribes and tribal organizations for the development, enhancement, and continuing operation of tribal justice systems.
(2) Provide technical assistance and training, including programs of continuing education and training for personnel of Courts of Indian Offenses.
(3) Study and conduct research concerning the operation of tribal justice systems.
(4) Promote cooperation and coordination among tribal justice systems and the Federal and State judiciary systems.
(5) Oversee the continuing operations of the Courts of Indian Offenses.
(6) Provide funds to Indian tribes and tribal organizations for the continuation and enhancement of traditional tribal judicial practices.
(d) No imposition of standards
Nothing in this chapter shall be deemed or construed to authorize the Office to impose justice standards on Indian tribes.
(e) Assistance to tribes
(1) The Office shall provide technical assistance and training to any Indian tribe or tribal organization upon request. Technical assistance and training shall include (but not be limited to) assistance for the development of—
(A) tribal codes and rules of procedure;
(B) tribal court administrative procedures and court records management systems;
(C) methods of reducing case delays;
(D) methods of alternative dispute resolution;
(E) tribal standards for judicial administration and conduct; and
(F) long-range plans for the enhancement of tribal justice systems.
(2) Technical assistance and training provided pursuant to paragraph (1) may be provided through direct services, by contract with independent entities, or through grants to Indian tribes or tribal organizations.
(f) Information clearinghouse on tribal justice systems
The Office shall maintain an information clearinghouse (which shall include an electronic data base) on tribal justice systems and Courts of Indian Offenses, including (but not limited to) information on staffing, funding, model tribal codes, tribal justice activities, and tribal judicial decisions. The Office shall take such actions as may be necessary to ensure the confidentiality of records and other matters involving privacy rights.
(Pub. L. 103–176, title I, § 101, Dec. 3, 1993, 107 Stat. 2005.)
25 U.S.C. § 3612 (INDIANS)
§ 3612. Survey of tribal judicial systems
(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.)
heading: Change of Name
text: Subcommittee on Native American Affairs changed to Subcommittee on Native American and Insular Affairs.
25 U.S.C. § 3614 (INDIANS)
§ 3614. Tribal judicial conferences
The Secretary is authorized to provide funds to tribal judicial conferences, under section 3611 of this title, pursuant to contracts entered into under the authority of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] for the development, enhancement, and continuing operation of tribal justice systems of Indian tribes which are members of such conference. Funds provided under this section may be used for—
(1) the employment of judges, magistrates, court counselors, court clerks, court administrators, bailiffs, probation officers, officers of the court, or dispute resolution facilitators;
(2) the development, revision, and publication of tribal codes, rules of practice, rules of procedure, and standards of judicial performance and conduct;
(3) the acquisition, development, and maintenance of a law library and computer assisted legal research capacities;
(4) training programs and continuing education for tribal judicial personnel;
(5) the development and operation of records management systems;
(6) planning for the development, enhancement, and operation of tribal justice systems; and
(7) the development and operation of other innovative and culturally relevant programs and projects, including (but not limited to) programs and projects for—
(A) alternative dispute resolution;
(B) tribal victims assistance or victims services;
(C) tribal probation services or diversion programs;
(D) juvenile services and multidisciplinary investigations of child abuse; and
(E) traditional tribal judicial practices, traditional justice systems, and traditional methods of dispute resolution.
(Pub. L. 103–176, title I, § 104, Dec. 3, 1993, 107 Stat. 2008.)
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§ 450 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 450 of this title and Tables.
25 U.S.C. § 3631 (INDIANS)
§ 3631. Tribal authority
Nothing in this chapter shall be construed to—
(1) encroach upon or diminish in any way the inherent sovereign authority of each tribal government to determine the role of the tribal justice system within the tribal government or to enact and enforce tribal laws;
(2) diminish in any way the authority of tribal governments to appoint personnel;
(3) impair the rights of each tribal government to determine the nature of its own legal system or the appointment of authority within the tribal government;
(4) alter in any way any tribal traditional dispute resolution forum;
(5) imply that any tribal justice system is an instrumentality of the United States; or
(6) diminish the trust responsibility of the United States to Indian tribal governments and tribal justice systems of such governments.
(Pub. L. 103–176, title III, § 301, Dec. 3, 1993, 107 Stat. 2009.)
25 U.S.C. § 3651 (INDIANS)
§ 3651. Findings
The Congress finds and declares that—
(1) there is a government-to-government relationship between the United States and Indian tribes;
(2) Indian tribes are sovereign entities and are responsible for exercising governmental authority over Indian lands;
(3) the rate of violent crime committed in Indian country is approximately twice the rate of violent crime committed in the United States as a whole;
(4) in any community, a high rate of violent crime is a major obstacle to investment, job creation and economic growth;
(5) tribal justice systems are an essential part of tribal governments and serve as important forums for ensuring the health and safety and the political integrity of tribal governments;
(6) Congress and the Federal courts have repeatedly recognized tribal justice systems as the most appropriate forums for the adjudication of disputes affecting personal and property rights on Native lands;
(7) enhancing tribal court systems and improving access to those systems serves the dual Federal goals of tribal political self-determination and economic self-sufficiency;
(8) there is both inadequate funding and an inadequate coordinating mechanism to meet the technical and legal assistance needs of tribal justice systems and this lack of adequate technical and legal assistance funding impairs their operation;
(9) tribal court membership organizations have served a critical role in providing training and technical assistance for development and enhancement of tribal justice systems;
(10) Indian legal services programs, as funded partially through the Legal Services Corporation, have an established record of providing cost effective legal assistance to Indian people in tribal court forums, and also contribute significantly to the development of tribal courts and tribal jurisprudence; and
(11) the provision of adequate technical assistance to tribal courts and legal assistance to both individuals and tribal courts is an essential element in the development of strong tribal court systems.
(Pub. L. 106–559, § 2, Dec. 21, 2000, 114 Stat. 2778.)
heading: Short Title
text: Pub. L. 106–559, § 1, Dec. 21, 2000, 114 Stat. 2778, provided that: “This Act [enacting this chapter and amending section 3621 of this title and sections 1629e and 1629g of Title 43, Public Lands] may be cited as the ‘Indian Tribal Justice Technical and Legal Assistance Act of 2000’.”
heading: Availability of Funds for Courts or Law Enforcement Officers of Certain Tribes or Villages
text: Pub. L. 108–199, div. B, title I, § 112(a)(1), Jan. 23, 2004, 118 Stat. 62, which prohibited use of funds provided in div. B of Pub. L. 108–199 or on or after Jan. 23, 2004, for courts or law enforcement officers for a tribe or village in which fewer than 25 Native members live in the village year round or that is located within certain areas, was repealed by Pub. L. 111–211, title II, § 247(e)(1), July 29, 2010, 124 Stat. 2297.
25 U.S.C. § 3652 (INDIANS)
§ 3652. Purposes
The purposes of this chapter are as follows:
(1) to carry out the responsibility of the United States to Indian tribes and members of Indian tribes by ensuring access to quality technical and legal assistance.
(2) To strengthen and improve the capacity of tribal court systems that address civil and criminal causes of action under the jurisdiction of Indian tribes.
(3) To strengthen tribal governments and the economies of Indian tribes through the enhancement and, where appropriate, development of tribal court systems for the administration of justice in Indian country by providing technical and legal assistance services.
(4) To encourage collaborative efforts between national or regional membership organizations and associations whose membership consists of judicial system personnel within tribal justice systems; non-profit entities which provide legal assistance services for Indian tribes, members of Indian tribes, and/or tribal justice systems.
(5) To assist in the development of tribal judicial systems by supplementing prior congressional efforts such as the Indian Tribal Justice Act [25 U.S.C. 3601 et seq.] (Public Law 103–176).
(Pub. L. 106–559, § 3, Dec. 21, 2000, 114 Stat. 2779.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 106–559, Dec. 21, 2000, 114 Stat. 2778, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3651 of this title and Tables.
The Indian Tribal Justice Act, referred to in par. (5), is Pub. L. 103–176, Dec. 3, 1993, 107 Stat. 2004, as amended, which is classified generally to chapter 38 (§ 3601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables.