dreamproit/uscode huggingface dataset:
25 U.S.C. § 3653 (INDIANS)
§ 3653. Definitions
For purposes of this chapter:
(1) Attorney General
The term “Attorney General” means the Attorney General of the United States.
(2) Director
The term “Director” means the Director of the Office of Tribal Justice.
(3) Indian lands
The term “Indian lands” shall include lands within the definition of “Indian country”, as defined in section 1151 of title 18; or “Indian reservations”, as defined in section 1452(d) of this title, or section 1903(10) of this title. For purposes of the preceding sentence, such section 1452(d) of this title shall be applied by treating the term “former Indian reservations in Oklahoma” as including only lands which are within the jurisdictional area of an Oklahoma Indian Tribe (as determined by the Secretary of the Interior) and are recognized by such Secretary as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on December 21, 2000).
(4) Indian tribe
The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community which administers justice or plans to administer 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.
(5) Judicial personnel
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 judicial system.
(6) Non-profit entities
The term “non-profit entity” or “non-profit entities” has the meaning given that term in section 501(c)(3) of title 26.
(7) Office of Tribal Justice
The term “Office of Tribal Justice” means the Office of Tribal Justice in the United States Department of Justice.
(8) Tribal justice system
The term “tribal court”, “tribal court system”, or “tribal justice system” means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and fora for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record.
(Pub. L. 106–559, § 4, Dec. 21, 2000, 114 Stat. 2779; Pub. L. 111–211, title II, § 214(a)(1), July 29, 2010, 124 Stat. 2270.)
heading: Amendments
text: 2010—Pars. (2) to (8). Pub. L. 111–211 added par. (2) and redesignated former pars. (2) to (7) as (3) to (8), respectively.
25 U.S.C. § 3661 (INDIANS)
§ 3661. Tribal justice training and technical assistance grants
Subject to the availability of appropriations, the Attorney General, in consultation with the Office of Tribal Justice, shall award grants to national or regional membership organizations and associations whose membership consists of judicial system personnel within tribal justice systems which submit an application to the Attorney General in such form and manner as the Attorney General may prescribe to provide training and technical assistance for the development, enrichment, enhancement of tribal justice systems, or other purposes consistent with this chapter.
(Pub. L. 106–559, title I, § 101, Dec. 21, 2000, 114 Stat. 2780.)
25 U.S.C. § 3662 (INDIANS)
§ 3662. Tribal civil legal assistance grants
Subject to the availability of appropriations, the Attorney General, in consultation with the Office of Tribal Justice, shall award grants to non-profit entities, as defined under section 501(c)(3) of title 26, which provide legal assistance services for Indian tribes, members of Indian tribes, or tribal justice systems pursuant to Federal poverty guidelines that submit an application to the Attorney General in such form and manner as the Attorney General may prescribe for the provision of civil legal assistance (including guardians ad litem and court-appointed special advocates for children and juveniles) to members of Indian tribes and tribal justice systems, and/or other purposes consistent with this chapter.
(Pub. L. 106–559, title I, § 102, Dec. 21, 2000, 114 Stat. 2780; Pub. L. 111–211, title II, § 242(b)(1), July 29, 2010, 124 Stat. 2292.)
heading: Amendments
text: 2010—Pub. L. 111–211 inserted “(including guardians ad litem and court-appointed special advocates for children and juveniles)” after “civil legal assistance”.
25 U.S.C. § 3663 (INDIANS)
§ 3663. Tribal criminal assistance grants
Subject to the availability of appropriations, the Attorney General, in consultation with the Office of Tribal Justice, shall award grants to non-profit entities, as defined by section 501(c)(3) of title 26, which provide legal assistance services for Indian tribes, members of Indian tribes, or tribal justice systems pursuant to Federal poverty guidelines that submit an application to the Attorney General in such form and manner as the Attorney General may prescribe for the provision of defense counsel services to all defendants in tribal court criminal proceedings and prosecution and judicial services for tribal courts, and/or other purposes consistent with this chapter. Funding under this subchapter may apply to programs, procedures, or proceedings involving adult criminal actions, juvenile delinquency actions, and/or guardian-ad-litem appointments arising out of criminal or delinquency acts.
(Pub. L. 106–559, title I, § 103, Dec. 21, 2000, 114 Stat. 2780; Pub. L. 111–211, title II, § 242(b)(2), July 29, 2010, 124 Stat. 2292.)
heading: Amendments
text: 2010—Pub. L. 111–211 substituted “defense counsel services to all defendants in tribal court criminal proceedings and prosecution and judicial services for tribal courts” for “criminal legal assistance to members of Indian tribes and tribal justice systems”.
25 U.S.C. § 3664 (INDIANS)
§ 3664. No offset
No Federal agency shall offset funds made available pursuant to this chapter for Indian tribal court membership organizations or Indian legal services organizations against other funds otherwise available for use in connection with technical or legal assistance to tribal justice systems or members of Indian tribes.
(Pub. L. 106–559, title I, § 104, Dec. 21, 2000, 114 Stat. 2781.)
25 U.S.C. § 3665 (INDIANS)
§ 3665. 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 fora;
(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. 106–559, title I, § 105, Dec. 21, 2000, 114 Stat. 2781.)
25 U.S.C. § 3665a (INDIANS)
§ 3665a. Office of Tribal Justice
(a) In general
Not later than 90 days after July 29, 2010, the Attorney General shall establish the Office of Tribal Justice as a component of the Department.
(b) Personnel and funding
The Attorney General shall provide to the Office of Tribal Justice such personnel and funds as are necessary to establish the Office of Tribal Justice as a component of the Department under subsection (a).
(c) Duties
The Office of Tribal Justice shall—
(1) serve as the program and legal policy advisor to the Attorney General with respect to the treaty and trust relationship between the United States and Indian tribes;
(2) serve as the point of contact for federally recognized tribal governments and tribal organizations with respect to questions and comments regarding policies and programs of the Department and issues relating to public safety and justice in Indian country; and
(3) coordinate with other bureaus, agencies, offices, and divisions within the Department of Justice to ensure that each component has an accountable process to ensure meaningful and timely consultation with tribal leaders in the development of regulatory policies and other actions that affect—
(A) the trust responsibility of the United States to Indian tribes;
(B) any tribal treaty provision;
(C) the status of Indian tribes as sovereign governments; or
(D) any other tribal interest.
(Pub. L. 106–559, title I, § 106, as added Pub. L. 111–211, title II, § 214(a)(2)(B), July 29, 2010, 124 Stat. 2270.)
heading: Prior Provisions
text: A prior section 106 of Pub. L. 106–559 was renumbered section 107 and is classified to section 3666 of this title.
25 U.S.C. § 3666 (INDIANS)
§ 3666. Authorization of appropriations
For purposes of carrying out the activities under this subchapter, there are authorized to be appropriated such sums as are necessary for fiscal years 2011 through 2015.
(Pub. L. 106–559, title I, § 107, formerly § 106, Dec. 21, 2000, 114 Stat. 2781; renumbered § 107 and amended Pub. L. 111–211, title II, §§ 214(a)(2)(A), 242(b)(3)(A), July 29, 2010, 124 Stat. 2270, 2292.)
heading: Amendments
text: 2010—Pub. L. 111–211, § 242(b)(3)(A), substituted “2011 through 2015” for “2000 through 2004”.
25 U.S.C. § 3681 (INDIANS)
§ 3681. Grants
(a) In general
The Attorney General may award grants and provide technical assistance to Indian tribes to enable such tribes to carry out programs to support—
(1) the development, enhancement, and continuing operation of tribal justice systems; and
(2) the development and implementation of—
(A) tribal codes and sentencing guidelines;
(B) inter-tribal courts and appellate systems;
(C) tribal probation services, diversion programs, and alternative sentencing provisions;
(D) tribal juvenile services and multi-disciplinary protocols for child physical and sexual abuse; and
(E) traditional tribal judicial practices, traditional tribal justice systems, and traditional methods of dispute resolution.
(b) Consultation
In carrying out this section, the Attorney General may consult with the Office of Tribal Justice and any other appropriate tribal or Federal officials.
(c) Regulations
The Attorney General may promulgate such regulations and guidelines as may be necessary to carry out this subchapter.
(d) Authorization of appropriations
For purposes of carrying out the activities under this section, there are authorized to be appropriated such sums as are necessary for fiscal years 2011 through 2015.
(Pub. L. 106–559, title II, § 201, Dec. 21, 2000, 114 Stat. 2781; Pub. L. 111–211, title II, § 242(b)(3)(B), July 29, 2010, 124 Stat. 2292.)
heading: Amendments
text: 2010—Subsec. (d). Pub. L. 111–211 substituted “2011 through 2015” for “2000 through 2004”.
25 U.S.C. § 3682 (INDIANS)
§ 3682. Assistant probation officers
To the maximum extent practicable, the chief judge or chief probation or pretrial services officer of each judicial district, in coordination with the Office of Tribal Justice and the Office of Justice Services, shall—
(1) appoint individuals residing in Indian country to serve as probation or pretrial services officers or assistants for purposes of monitoring and providing services to Federal prisoners residing in Indian country; and
(2) provide substance abuse, mental health, and other related treatment services to offenders residing on Indian land.
(Pub. L. 106–559, title II, § 203, as added Pub. L. 111–211, title II, § 245, July 29, 2010, 124 Stat. 2295.)
25 U.S.C. § 3701 (INDIANS)
§ 3701. Findings
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.)
heading: Short Title
text: 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. § 3702 (INDIANS)
§ 3702. Purposes
The purposes of this chapter are to—
(1) carry out the trust responsibility of the United States and promote the self-determination of Indian tribes by providing for the management of Indian agricultural lands and related renewable resources in a manner consistent with identified tribal goals and priorities for conservation, multiple use, and sustained yield;
(2) authorize the Secretary to take part in the management of Indian agricultural lands, with the participation of the beneficial owners of the land, in a manner consistent with the trust responsibility of the Secretary and with the objectives of the beneficial owners;
(3) provide for the development and management of Indian agricultural lands; and
(4) increase the educational and training opportunities available to Indian people and communities in the practical, technical, and professional aspects of agriculture and land management to improve the expertise and technical abilities of Indian tribes and their members.
(Pub. L. 103–177, § 3, Dec. 3, 1993, 107 Stat. 2011.)
25 U.S.C. § 3712 (INDIANS)
§ 3712. Indian participation in land management activities
(a) Tribal recognition
The Secretary shall conduct all land management activities on Indian agricultural land in accordance with goals and objectives set forth in the approved agricultural resource management plan, in an integrated resource management plan, and in accordance with all tribal laws and ordinances, except in specific instances where such compliance would be contrary to the trust responsibility of the United States.
(b) Tribal laws
Unless otherwise prohibited by Federal law, the Secretary shall comply with tribal laws and ordinances pertaining to Indian agricultural lands, including laws regulating the environment and historic or cultural preservation, and laws or ordinances adopted by the tribal government to regulate land use or other activities under tribal jurisdiction. The Secretary shall—
(1) provide assistance in the enforcement of such tribal laws;
(2) provide notice of such laws to persons or entities undertaking activities on Indian agricultural lands; and
(3) upon the request of an Indian tribe, require appropriate Federal officials to appear in tribal forums.
(c) Waiver of regulations
In any case in which a regulation or administrative policy of the Department of the Interior conflicts with the objectives of the agricultural resource management plan provided for in section 3711 of this title, or with a tribal law, the Secretary may waive the application of such regulation or administrative policy unless such waiver would constitute a violation of a Federal statute or judicial decision or would conflict with his general trust responsibility under Federal law.
(d) Sovereign immunity
This section does not constitute a waiver of the sovereign immunity of the United States, nor does it authorize tribal justice systems to review actions of the Secretary.
(Pub. L. 103–177, title I, § 102, Dec. 3, 1993, 107 Stat. 2015.)
25 U.S.C. § 3713 (INDIANS)
§ 3713. Indian agricultural lands trespass
(a) Civil penalties; regulations
Not later than one year after December 3, 1993, the Secretary shall issue regulations that—
(1) establish civil penalties for the commission of trespass on Indian agricultural lands, which provide for—
(A) collection of the value of the products illegally used or removed plus a penalty of double their values;
(B) collection of the costs associated with damage to the Indian agricultural lands caused by the act of trespass; and
(C) collection of the costs associated with enforcement of the regulations, including field examination and survey, damage appraisal, investigation assistance and reports, witness expenses, demand letters, court costs, and attorney fees;
(2) designate responsibility within the Department of the Interior for the detection and investigation of Indian agricultural lands trespass; and
(3) set forth responsibilities and procedures for the assessment and collection of civil penalties.
(b) Treatment of proceeds
The proceeds of civil penalties collected under this section shall be treated as proceeds from the sale of agricultural products from the Indian agricultural lands upon which such trespass occurred.
(c) Concurrent jurisdiction
Indian tribes which adopt the regulations promulgated by the Secretary pursuant to subsection (a) of this section shall have concurrent jurisdiction with the United States to enforce the provisions of this section and the regulations promulgated thereunder. The Bureau and other agencies of the Federal Government shall, at the request of the tribal government, defer to tribal prosecutions of Indian agricultural land trespass cases. Tribal court judgments regarding agricultural trespass shall be entitled to full faith and credit in Federal and State courts to the same extent as a Federal court judgment obtained under this section. Nothing in this chapter shall be construed to diminish the sovereign authority of Indian tribes with respect to trespass.
(Pub. L. 103–177, title I, § 103, Dec. 3, 1993, 107 Stat. 2015.)
25 U.S.C. § 3714 (INDIANS)
§ 3714. Assessment of Indian agricultural management programs
(a) Assessment
Within six months after December 3, 1993, the Secretary, in consultation with affected Indian tribes, shall enter into a contract with a non-Federal entity knowledgeable in agricultural management on Federal and private lands to conduct an independent assessment of Indian agricultural land management and practices. Such assessment shall be national in scope and shall include a comparative analysis of Federal investment and management efforts for Indian trust and restricted agricultural lands as compared to federally-owned lands managed by other Federal agencies or instrumentalities and as compared to federally-served private lands.
(b) Purposes
The purposes of the assessment shall be—
(1) to establish a comprehensive assessment of the improvement, funding, and development needs for all Indian agricultural lands;
(2) to establish a comparison of management and funding provided to comparable lands owned or managed by the Federal Government through Federal agencies other than the Bureau; and
(3) to identify any obstacles to Indian access to Federal or private programs relating to agriculture or related rural development programs generally available to the public at large.
(c) Implementation
Within one year after December 3, 1993, the Secretary shall provide the Subcommittee on Native American Affairs of the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate with a status report on the development of the comparative analysis required by this section and shall file a final report with the Congress not later than 18 months after December 3, 1993.
(Pub. L. 103–177, title I, § 104, Dec. 3, 1993, 107 Stat. 2016.)
heading: Change of Name
text: Subcommittee on Native American Affairs changed to Subcommittee on Native American and Insular Affairs.
25 U.S.C. § 3732 (INDIANS)
§ 3732. Postgraduation recruitment, education and training programs
(a) Assumption of loans
The Secretary shall establish and maintain a program to attract Indian professionals who are graduates of a course of postsecondary or graduate education for employment in either the Bureau agriculture or related programs or, subject to the approval of the tribe, in tribal agriculture or related programs. According to such regulations as the Secretary may prescribe, such program shall provide for the employment of Indian professionals in exchange for the assumption by the Secretary of the outstanding student loans of the employee. The period of employment shall be determined by the amount of the loan that is assumed.
(b) Postgraduate intergovernmental internships
For the purposes of training, skill development and orientation of Indian and Federal agricultural management personnel, and the enhancement of tribal and Bureau agricultural resource programs, the Secretary shall establish and actively conduct a program for the cooperative internship of Federal and Indian agricultural resource personnel. Such program shall—
(1) for agencies within the Department of the Interior—
(A) provide for the internship of Bureau and Indian agricultural resource employees in the agricultural resource related programs of other agencies of the Department of the Interior, and
(B) provide for the internship of agricultural resource personnel from the other Department of the Interior agencies within the Bureau, and, with the consent of the tribe, within tribal agricultural resource programs;
(2) for agencies not within the Department of the Interior, provide, pursuant to an interagency agreement, internships within the Bureau and, with the consent of the tribe, within a tribal agricultural resource program of other agricultural resource personnel of such agencies who are above their sixth year of Federal service;
(3) provide for the continuation of salary and benefits for participating Federal employees by their originating agency;
(4) provide for salaries and benefits of participating Indian agricultural resource employees by the host agency; and
(5) provide for a bonus pay incentive at the conclusion of the internship for any participant.
(c) Continuing education and training
The Secretary shall maintain a program within the Trust Services Division of the Bureau for Indian agricultural resource personnel which shall provide for—
(1) orientation training for Bureau agricultural resource personnel in tribal-Federal relations and responsibilities;
(2) continuing technical agricultural resource education for Bureau and Indian agricultural resource personnel; and
(3) development training of Indian agricultural resource personnel in agricultural resource based enterprises and marketing.
(Pub. L. 103–177, title II, § 202, Dec. 3, 1993, 107 Stat. 2020.)