dreamproit/uscode huggingface dataset:
25 U.S.C. § 1778a (INDIANS)
§ 1778a. Definitions
For the purposes of this subchapter:
(1) Tribe
The term “Tribe” means the Torres-Martinez Desert Cahuilla Indians, a federally recognized Indian tribe with a reservation located in Riverside and Imperial Counties, California.
(2) Allottees
The term “allottees” means those individual Tribe members, their successors, heirs, and assigns, who have individual ownership of allotted Indian trust lands within the Torres-Martinez Indian Reservation.
(3) Salton Sea
The term “Salton Sea” means the inland body of water located in Riverside and Imperial Counties which serves as a drainage reservoir for water from precipitation, natural runoff, irrigation return flows, wastewater, floods, and other inflow from within its watershed area.
(4) Settlement agreement
The term “Settlement Agreement” means the Agreement of Compromise and Settlement Concerning Claims to the Lands of the United States Within and on the Perimeter of the Salton Sea Drainage Reservoir Held in Trust for the Torres-Martinez Indians executed on June 18, 1996, as modified by the first, second, third, and fourth modifications thereto.
(5) Secretary
The term “Secretary” means the Secretary of the Interior.
(6) Permanent flowage easement
The term “permanent flowage easement” means the perpetual right by the water districts to use the described lands in the Salton Sink within and below the minus 220-foot contour as a drainage reservoir to receive and store water from their respective water and drainage systems, including flood water, return flows from irrigation, tail water, leach water, operational spills, and any other water which overflows and floods such lands, originating from lands within such water districts.
(Pub. L. 106–568, title VI, § 603, Dec. 27, 2000, 114 Stat. 2908.)
25 U.S.C. § 1778b (INDIANS)
§ 1778b. Ratification of Settlement Agreement
The United States hereby approves, ratifies, and confirms the Settlement Agreement.
(Pub. L. 106–568, title VI, § 604, Dec. 27, 2000, 114 Stat. 2908.)
heading: Effective Date
text: Section effective on date on which the Secretary determines that certain conditions with respect to the Settlement Agreement and provisions of title VI of Pub. L. 106–568 have been met, see section 611(b) of Pub. L. 106–568, set out as a note under section 1778 of this title.
25 U.S.C. § 1778e (INDIANS)
§ 1778e. Permanent flowage easements
(a) Conveyance of easement to Coachella Valley Water District
(1) Tribal interest
The United States, in its capacity as trustee for the Tribe, as well as for any affected Indian allotment owners, and their successors and assigns, and the Tribe in its own right and that of its successors and assigns, shall convey to the Coachella Valley Water District a permanent flowage easement as to all Indian trust lands (approximately 11,800 acres) located within and below the minus 220-foot contour of the Salton Sink, in accordance with the terms and conditions of the Settlement Agreement.
(2) United States interest
The United States, in its own right shall, notwithstanding any prior or present reservation or withdrawal of land of any kind, convey to the Coachella Valley Water District a permanent flowage easement as to all Federal lands (approximately 110,000 acres) located within and below the minus 220-foot contour of the Salton Sink, in accordance with the terms and conditions of the Settlement Agreement.
(b) Conveyance of easement to Imperial Irrigation District
(1) Tribal interest
The United States, in its capacity as trustee for the Tribe, as well as for any affected Indian allotment owners, and their successors and assigns, and the Tribe in its own right and that of its successors and assigns, shall grant and convey to the Imperial Irrigation District a permanent flowage easement as to all Indian trust lands (approximately 11,800 acres) located within and below the minus 220-foot contour of the Salton Sink, in accordance with the terms and conditions of the Settlement Agreement.
(2) United States
The United States, in its own right shall, notwithstanding any prior or present reservation or withdrawal of land of any kind, grant and convey to the Imperial Irrigation District a permanent flowage easement as to all Federal lands (approximately 110,000 acres) located within and below the minus 220-foot contour of the Salton Sink, in accordance with the terms and conditions of the Settlement Agreement.
(Pub. L. 106–568, title VI, § 607, Dec. 27, 2000, 114 Stat. 2911.)
heading: Effective Date
text: Section effective on date on which the Secretary determines that certain conditions with respect to the Settlement Agreement and provisions of title VI of Pub. L. 106–568 have been met, see section 611(b) of Pub. L. 106–568, set out as a note under section 1778 of this title.
25 U.S.C. § 1778f (INDIANS)
§ 1778f. Satisfaction of claims, waivers, and releases
(a) Satisfaction of claims
The benefits available to the Tribe and the allottees under the terms and conditions of the Settlement Agreement and the provisions of this subchapter shall constitute full and complete satisfaction of the claims by the Tribe and the allottees arising from or related to the inundation and lack of drainage of tribal and allottee lands described in section 1778 of this title and further defined in the Settlement Agreement.
(b) Approval of waivers and releases
The United States hereby approves and confirms the releases and waivers required by the Settlement Agreement and this subchapter.
(Pub. L. 106–568, title VI, § 608, Dec. 27, 2000, 114 Stat. 2912.)
heading: Effective Date
text: Section effective on date on which the Secretary determines that certain conditions with respect to the Settlement Agreement and provisions of title VI of Pub. L. 106–568 have been met, see section 611(b) of Pub. L. 106–568, set out as a note under section 1778 of this title.
25 U.S.C. § 1778g (INDIANS)
§ 1778g. Miscellaneous provisions
(a) Eligibility for benefits
Nothing in this subchapter or the Settlement Agreement shall affect the eligibility of the Tribe or its members for any Federal program or diminish the trust responsibility of the United States to the Tribe and its members.
(b) Eligibility for other services not affected
No payment pursuant to this subchapter shall result in the reduction or denial of any Federal services or programs to the Tribe or to members of the Tribe, to which they are entitled or eligible because of their status as a federally recognized Indian tribe or member of the Tribe.
(c) Preservation of existing rights
Except as provided in this subchapter or the Settlement Agreement, any right to which the Tribe is entitled under existing law shall not be affected or diminished.
(d) Amendment of Settlement Agreement
The Settlement Agreement may be amended from time to time in accordance with its terms and conditions to the extent that such amendments are not inconsistent with the trust land acquisition provisions of the Settlement Agreement, as such provisions existed on—
(1) December 27, 2000, in the case of Modifications One and Three; and
(2) September 14, 2000, in the case of Modification Four.
(Pub. L. 106–568, title VI, § 609, Dec. 27, 2000, 114 Stat. 2912.)
25 U.S.C. § 1779a (INDIANS)
§ 1779a. Purposes
The purposes of this subchapter are to resolve all claims that have been or could have been brought by the Cherokee, Choctaw, and Chickasaw Nations against the United States, and to confirm that the Indian Nations are forever disclaiming any right, title, or interest in the Disclaimed Drybed Lands, which are contiguous to the channel of the Arkansas River as of December 13, 2002, in certain townships in eastern Oklahoma.
(Pub. L. 107–331, title VI, § 603, Dec. 13, 2002, 116 Stat. 2847.)
25 U.S.C. § 1779b (INDIANS)
§ 1779b. Definitions
For the purposes of this subchapter, the following definitions apply:
(1) Disclaimed Drybed Lands
The term “Disclaimed Drybed Lands” means all Drybed Lands along the Arkansas River that are located in Township 10 North in Range 24 East, Townships 9 and 10 North in Range 25 East, Township 10 North in Range 26 East, and Townships 10 and 11 North in Range 27 East, in the State of Oklahoma.
(2) Drybed Lands
The term “Drybed Lands” means those lands which, on December 13, 2002, lie above and contiguous to the mean high water mark of the Arkansas River in the State of Oklahoma. The term “Drybed Lands” is intended to have the same meaning as the term “Upland Claim Area” as used by the Bureau of Land Management Cadastral Survey Geographic Team in its preliminary survey of the Arkansas River. The term “Drybed Lands” includes any lands so identified in the “Holway study.”
(3) Indian Nation; Indian Nations
The term “Indian Nation” means the Cherokee Nation, Choctaw Nation, or Chickasaw Nation, and the term “Indian Nations” means all 3 tribes collectively.
(4) Riverbed
The term “Riverbed” means the Drybed Lands and the Wetbed Lands and includes all minerals therein.
(5) Secretary
The term “Secretary” means the Secretary of the Interior.
(6) Wetbed Lands
The term “Wetbed Lands” means those Riverbed lands which lie below the mean high water mark of the Arkansas River in the State of Oklahoma as of December 13, 2002, exclusive of the Drybed Lands. The term “Wetbed Lands” is intended to have the same meaning as the term “Present Channel Claim Areas” as utilized by the Bureau of Land Management Cadastral Survey Geographic Team in its preliminary survey of the Arkansas River.
(Pub. L. 107–331, title VI, § 604, Dec. 13, 2002, 116 Stat. 2847.)
25 U.S.C. § 1779e (INDIANS)
§ 1779e. Attorney fees
(a) Payment
At the time the funds are paid to the Indian Nations, from funds authorized to be appropriated pursuant to section 1779c(c) of this title, the Secretary shall pay to the Indian Nations’ attorneys those fees provided for in the individual tribal attorney fee contracts as approved by the respective Indian Nations.
(b) Limitations
Notwithstanding subsection (a) of this section, the total fees payable to attorneys under such contracts with an Indian Nation shall not exceed 10 percent of that Indian Nation’s allocation of funds appropriated under section 1779c(c) of this title.
(Pub. L. 107–331, title VI, § 607, Dec. 13, 2002, 116 Stat. 2852.)
25 U.S.C. § 1779g (INDIANS)
§ 1779g. Effect on claims
This subchapter shall not be construed to resolve any right, title, or interest of any Indian nation or of any claimant tribe, except their past, present, or future claims relating to right, title, or interest in or to the Riverbed and the obligations and liabilities of the United States thereto.
(Pub. L. 107–331, title VI, § 609, Dec. 13, 2002, 116 Stat. 2855.)
25 U.S.C. § 1780a (INDIANS)
§ 1780a. Ratification of agreements
(a) Ratification
The Settlement Agreement and Los Alamos Agreement are ratified under Federal law, and the parties to those agreements are authorized to carry out the provisions of the agreements.
(b) Corrections and modifications
The respective parties to the Settlement Agreement and the Los Alamos Agreement are authorized, by mutual agreement, to correct errors in any legal description or maps, and to make minor modifications to those agreements.
(Pub. L. 109–286, § 3, Sept. 27, 2006, 120 Stat. 1219.)
25 U.S.C. § 1780b (INDIANS)
§ 1780b. Judgment and dismissal of litigation
(a) Dismissal
Not later than 90 days after September 27, 2006, the United States and the Pueblo shall execute and file with the United States Court of Federal Claims in the Pending Litigation a motion for entry of final judgment in accordance with section 5 of the Settlement Agreement.
(b) Compensation
Upon entry of the final judgment under subsection (a), $6,900,000 shall be paid into the Settlement Fund as compensation to the Pueblo in accordance with section 1304 of title 31.
(Pub. L. 109–286, § 4, Sept. 27, 2006, 120 Stat. 1219.)
25 U.S.C. § 1780d (INDIANS)
§ 1780d. Settlement Fund
(a) Establishment
There is established in the Treasury a fund to be known as the “Pueblo de San Ildefonso Land Claims Settlement Fund”.
(b) Conditions
Monies deposited in the Settlement Fund shall be subject to the following conditions:
(1) Maintenance and investment
The Settlement Fund shall be maintained and invested by the Secretary of the Interior pursuant to the Act of June 24, 1938 (25 U.S.C. 162a).
(2) Use of funds
Subject to paragraph (3), monies deposited into the Settlement Fund shall be expended by the Pueblo—
(A) to acquire the federally administered Settlement Area Land;
(B) to pay for the acquisition of the Water System Land, as provided in the Los Alamos Agreement; and
(C) at the option of the Pueblo, to acquire other land.
(3) Effect of withdrawal
If the Pueblo withdraws monies from the Settlement Fund, neither the Secretary of the Interior nor the Secretary of the Treasury shall retain any oversight over, or liability for, the accounting, disbursement, or investment of the withdrawn funds.
(4) Per capita distribution
No portion of the funds in the Settlement Fund may be paid to Pueblo members on a per capita basis.
(5) Acquisition of land
The acquisition of land with funds from the Settlement Fund shall be on a willing-seller, willing-buyer basis, and no eminent domain authority may be exercised for purposes of acquiring land for the benefit of the Pueblo under this subchapter.
(6) Effect of other laws
The Act of October 19, 1973 (Public Law 93–134; 87 Stat. 466) and section 4023 of this title shall not apply to the Settlement Fund.
(Pub. L. 109–286, § 6, Sept. 27, 2006, 120 Stat. 1221.)
heading: References in Text
text: Act of June 24, 1938, referred to in subsec (b)(1), is act June 24, 1938, ch. 648, 52 Stat. 1037, which enacted section 162a of this title, repealed section 162 of this title, and enacted provisions set out as a note under section 162a of this title. For complete classification of this Act to the Code, see Tables.
Act of October 19, 1973, referred to in subsec. (b)(6), is Pub. L. 93–134, Oct. 19, 1973, 87 Stat. 466, known as the Indian Tribal Judgment Funds Use or Distribution Act, which is classified generally to chapter 16 (§ 1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1401(c) of this title and Tables.
25 U.S.C. § 1780f (INDIANS)
§ 1780f. Conveyances
(a) Authorization
(1) Consideration from Pueblo
Upon receipt of the consideration from the Pueblo for the Settlement Area Land and the Water System Land, the Secretary of Agriculture shall execute and deliver—
(A) to the Pueblo, a quitclaim deed to the Settlement Area Land; and
(B) to the County, a quitclaim deed to the Water System Land, reserving—
(i) a contingent remainder in the United States in trust for the benefit of the Pueblo in accordance with the Los Alamos Agreement; and
(ii) a right of access for the United States for the Pueblo for ceremonial and other cultural purposes.
(2) Consideration from County
Upon receipt of the consideration from the County for all or a portion of the Los Alamos Townsite Land, the Secretary of Agriculture shall execute and deliver to the County a quitclaim deed to all or portions of such land, as appropriate.
(3) Execution
An easement or deed of conveyance by the Secretary of Agriculture under this subchapter shall be executed by the Director of Lands and Minerals, Forest Service, Southwestern Region, Department of Agriculture.
(b) Authorization for Pueblo to convey in trust
Upon receipt by the Pueblo of the quitclaim deed to the Settlement Land under subsection (a)(1), the Pueblo may quitclaim the Settlement Land to the United States, in trust for the Pueblo.
(c) Adequacy of conveyance instruments
Notwithstanding the status of the Federal land as public domain or acquired land, no instrument of conveyance other than a quitclaim deed shall be required to convey the Settlement Area Land, the Water System Land, the Northern Tier Land, or the Los Alamos Townsite Land under this subchapter.
(d) Surveys
The Secretary of Agriculture is authorized to perform and approve any required cadastral survey.
(e) Contributions
Notwithstanding section 3302 of title 31 or any other provision of law, the Secretary of Agriculture may accept and use contributions of cash or services from the Pueblo, other governmental entities, or other persons—
(1) to perform and complete required cadastral surveys for the Settlement Area Land, the Water System Land, the Northern Tier Land, or the Los Alamos Townsite Land, as described in the Settlement Agreement or the Los Alamos Agreement; and
(2) to carry out any other project or activity under—
(A) this subchapter;
(B) the Settlement Agreement; or
(C) the Los Alamos Agreement.
(Pub. L. 109–286, § 8, Sept. 27, 2006, 120 Stat. 1224.)
25 U.S.C. § 1780g (INDIANS)
§ 1780g. Trust status and National Forest boundaries
(a) Operation of law
Without any additional administrative action by the Secretary of Agriculture or the Secretary of the Interior—
(1) on recording the quitclaim deed or deeds from the Pueblo to the United States in trust for the Pueblo under section 1780f(b) of this title in the Land Titles and Records Office, Southwest Region, Bureau of Indian Affairs—
(A) the Settlement Area Land shall be held in trust by the United States for the benefit of the Pueblo; and
(B) the boundaries of the Santa Fe National Forest shall be deemed to be modified to exclude from the National Forest System the Settlement Area Land; and
(2) on recording the quitclaim deed or deeds from the Secretary of Agriculture to the County of the Water System Land in the county land records, the boundaries of the Santa Fe National Forest shall be deemed to be modified to exclude from the National Forest System the Water System Land.
(b) Future interests
If fee title to the Water System Land vests in the Pueblo by conveyance or operation of law, the Water System Land shall be deemed to be held in trust by the United States for the benefit of the Pueblo, without further administrative procedures or environmental or other analyses.
(c) Nonintercourse Act
Any land conveyed to the Secretary of the Interior in trust for the Pueblo or any other tribe in accordance with this subchapter shall be—
(1) subject to the Act of June 30, 1834 (25 U.S.C. 177); and
(2) treated as reservation land.
(Pub. L. 109–286, § 9, Sept. 27, 2006, 120 Stat. 1224.)
heading: References in Text
text: Act of June 30, 1834, referred to in subsec. (c)(1), is act June 30, 1834, ch. 161, 4 Stat. 729. The act was incorporated into the Revised Statutes as R.S. §§ 533, 2111 to 2113, 2116 to 2118, 2124 to 2126, 2129 to 2135, 2137, 2141, 2145, 2147, 2150 to 2152, and 2154 to 2157. For complete classification of those sections of the Revised Statutes to the Code, see Tables.
25 U.S.C. § 1780h (INDIANS)
§ 1780h. Interim management
Subject to valid existing rights, prior to the conveyance under section 1780g of this title, the Secretary of Agriculture, with respect to the Settlement Area Land, the Water System Land, the Northern Tier Land, and the Los Alamos Townsite Land—
(1) shall not encumber or dispose of the land by sale, exchange, or special use authorization, in such a manner as to substantially reduce the market value of the land;
(2) shall take any action that the Secretary determines to be necessary or desirable—
(A) to protect the land from fire, disease, or insect infestation; or
(B) to protect lives or property; and
(3) may, in consultation with the Pueblo or the County, as appropriate, authorize a special use of the Settlement Area Land, not to exceed 1 year in duration.
(Pub. L. 109–286, § 10, Sept. 27, 2006, 120 Stat. 1225.)
25 U.S.C. § 1780i (INDIANS)
§ 1780i. Withdrawal
Subject to valid existing rights, the land referenced in the notices of withdrawal of land in New Mexico (67 Fed. Reg. 7193; 68 Fed. Reg. 75628) is withdrawn from all location, entry, and patent under the public land laws and mining and mineral leasing laws of the United States, including geothermal leasing laws.
(Pub. L. 109–286, § 11, Sept. 27, 2006, 120 Stat. 1225.)
25 U.S.C. § 1780k (INDIANS)
§ 1780k. Inter-Pueblo cooperation
(a) Demarcation of boundary
The Pueblo of Santa Clara and the Pueblo may, by agreement, demarcate a boundary between their respective tribal land within Township 20 North, Range 7 East, in Rio Arriba County, New Mexico, and may exchange or otherwise convey land between them in that township.
(b) Action by Secretary of the Interior
In accordance with any agreement under subsection (a), the Secretary of the Interior shall, without further administrative procedures or environmental or other analyses—
(1) recognize a boundary between the Pueblo of Santa Clara and the Pueblo;
(2) provide for a boundary survey;
(3) approve land exchanges and conveyances as agreed upon by the Pueblo of Santa Clara and the Pueblo; and
(4) accept conveyances of exchanged lands into trust for the benefit of the grantee tribe.
(Pub. L. 109–286, § 13, Sept. 27, 2006, 120 Stat. 1228.)
25 U.S.C. § 1780l (INDIANS)
§ 1780l. Distribution of funds plan
Not later than 2 years after September 27, 2006, the Secretary of the Interior shall act in accordance with the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) with respect to the award entered in the compromise and settlement of claims under the case styled Pueblo of San Ildefonso v. United States, No. 660–87L, United States Court of Federal Claims.
(Pub. L. 109–286, § 14, Sept. 27, 2006, 120 Stat. 1229.)
heading: References in Text
text: The Indian Tribal Judgment Funds Use or Distribution Act, referred to in text, is Pub. L. 93–134, Oct. 19, 1973, 87 Stat. 466, which is classified generally to chapter 16 (§ 1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1401(c) of this title and Tables.
25 U.S.C. § 1780m (INDIANS)
§ 1780m. Rule of construction and judicial review
Notwithstanding any provision of State law, the Settlement Agreement and the Los Alamos Agreement (including any real property conveyance under the agreements) shall be interpreted and implemented as matters of Federal law.
(Pub. L. 109–286, § 15, Sept. 27, 2006, 120 Stat. 1229.)
25 U.S.C. § 1780o (INDIANS)
§ 1780o. Timing of actions
It is the intent of Congress that the land conveyances and adjustments contemplated in this subchapter (except the conveyances and adjustments relating to Los Alamos Townsite Land) shall be completed not later than 180 days after September 27, 2006.
(Pub. L. 109–286, § 17, Sept. 27, 2006, 120 Stat. 1229.)
25 U.S.C. § 1802 (INDIANS)
§ 1802. Purpose
It is the purpose of this subchapter to provide grants for the operation and improvement of tribally controlled colleges or universities to insure continued and expanded educational opportunities for Indian students, and to allow for the improvement and expansion of the physical resources of such institutions.
(Pub. L. 95–471, title I, § 101, Oct. 17, 1978, 92 Stat. 1325; Pub. L. 98–192, § 2, Dec. 1, 1983, 97 Stat. 1336; Pub. L. 105–244, title IX, § 901(b)(6), Oct. 7, 1998, 112 Stat. 1828.)
heading: Amendments
text: 1998—Pub. L. 105–244 substituted “colleges or universities” for “community colleges”.
1983—Pub. L. 98–192 inserted “, and to allow for the improvement and expansion of the physical resources of such institutions”.
heading: Effective Date of 1998 Amendment
text: 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.