dreamproit/uscode huggingface dataset:
25 U.S.C. § 305b (INDIANS)
§ 305b. Rules and regulations; submission to Secretary of the Interior
The Board shall prescribe from time to time rules and regulations governing the conduct of its business and containing such provisions as it may deem appropriate for the effective execution and administration of the powers conferred upon it by this Act: Provided, That before prescribing any procedure for the disbursement of money the Board shall advise and consult with the Government Accountability Office: Provided further, That all rules and regulations proposed by the Board shall be submitted to the Secretary of the Interior and shall become effective upon his approval.
(Aug. 27, 1935, ch. 748, § 3, 49 Stat. 892; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: References in Text
text: This Act, referred to in text, is act Aug. 27, 1935, ch. 748, 49 Stat. 891, as amended, which is classified generally to section 305 et seq. of this title. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
heading: Transfer of Functions
text: For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
Disbursement functions of all Government agencies, except Departments of the Army, Navy, and Air Force and Panama Canal, transferred to Division of Disbursements, Department of the Treasury, by Ex. Ord. No. 6166, § 4, June 10, 1933, and Ex. Ord. No. 6728, May 29, 1934. Division subsequently consolidated with other agencies into the Fiscal Service in Department of the Treasury by Reorg. Plan No. III of 1940, § 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231. See section 306 of Title 31, Money and Finance.
25 U.S.C. § 305c (INDIANS)
§ 305c. Appropriation
There is authorized to be appropriated out of any sums in the Treasury not otherwise appropriated such sums as may be necessary to defray the expenses of the Board and carry out the purposes and provisions of this Act. All income derived by the Board from any source shall be covered into the Treasury of the United States and shall constitute a special fund which is appropriated and made available until expended for carrying out the purposes and provisions of this Act. Out of the funds available to it at any time the Board may authorize such expenditures, consistent with the provisions of this Act, as it may determine to be necessary for the accomplishment of the purposes and objectives of this Act.
(Aug. 27, 1935, ch. 748, § 4, 49 Stat. 892.)
heading: References in Text
text: This Act, referred to in text, is act Aug. 27, 1935, ch. 748, 49 Stat. 891, which is classified generally to section 305 et seq. of this title. For complete classification of this Act to the Code, see Tables.
heading: Transfer of Functions
text: For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
25 U.S.C. § 305c–1 (INDIANS)
§ 305c–1. Repealed. Pub. L. 87–23, § 2, Apr. 24, 1961, 75 Stat. 45
text: Section, act May 10, 1939, ch. 119, § 1, 53 Stat. 699, provided for a limitation of $10 per diem in lieu of subsistence on amount that may be paid to members of the Indian Arts and Crafts Board. See section 305 of this title.
25 U.S.C. § 305d (INDIANS)
§ 305d. Criminal proceedings; civil actions
(a) Definition of Federal law enforcement officer
In this section, the term “Federal law enforcement officer” includes a Federal law enforcement officer (as defined in section 115(c) of title 18).
(b) Authority to conduct investigations
Any Federal law enforcement officer shall have the authority to conduct an investigation relating to an alleged violation of this Act occurring within the jurisdiction of the United States.
(c) Criminal proceedings
(1) Investigation
(A) In general
The Board may refer an alleged violation of section 1159 of title 18 to any Federal law enforcement officer for appropriate investigation.
(B) Referral not required
A Federal law enforcement officer may investigate an alleged violation of section 1159 of that title regardless of whether the Federal law enforcement officer receives a referral under subparagraph (A).
(2) Findings
The findings of an investigation of an alleged violation of section 1159 of title 18 by any Federal department or agency under paragraph (1)(A) shall be submitted, as appropriate, to—
(A) a Federal or State prosecuting authority; or
(B) the Board.
(3) Recommendations
On receiving the findings of an investigation under paragraph (2), the Board may—
(A) recommend to the Attorney General that criminal proceedings be initiated under section 1159 of title 18; and
(B) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate.
(d) Civil actions
In lieu of, or in addition to, any criminal proceeding under subsection (c), the Board may recommend that the Attorney General initiate a civil action under section 305e of this title.
(Aug. 27, 1935, ch. 748, § 5, as added Pub. L. 101–644, title I, § 103, Nov. 29, 1990, 104 Stat. 4662; amended Pub. L. 111–211, title I, § 102(a), July 29, 2010, 124 Stat. 2258.)
heading: References in Text
text: This Act, referred to in subsec. (b), is act Aug. 27, 1935, ch. 748, 49 Stat. 891, which is classified generally to section 305 et seq. of this title. For complete classification of this Act to the Code, see Tables.
heading: Prior Provisions
text: A prior section, act Aug. 27, 1935, ch. 748, § 5, 49 Stat. 892, related to counterfeiting of a trade mark and penalty, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, effective Sept. 1, 1948. See section 1158 of Title 18, Crimes and Criminal Procedure.
heading: Amendments
text: 2010—Pub. L. 111–211 amended section generally. Prior to amendment, text read as follows:
“(a) The Board may receive complaints of violations of section 1159 of title 18 and refer complaints of such violations to the Federal Bureau of Investigation for appropriate investigation. After reviewing the investigation report, the Board may recommend to the Attorney General of the United States that criminal proceedings be instituted under that section.
“(b) The Board may recommend that the Secretary of the Interior refer the matter to the Attorney General for civil action under section 305e of this title.”
25 U.S.C. § 305f (INDIANS)
§ 305f. Indian Arts and Crafts Board art collection
(a) Transfer of art collection and costs
Notwithstanding any other provision of law, the Secretary of the Interior is directed to transfer all right, title and interest in that portion of the Indian Arts and Crafts Board art collection maintained permanently by the Indian Arts and Crafts Board in Washington, District of Columbia, to the Secretary of the Smithsonian Institution to be a part of the collection of the National Museum of the American Indian, subject to subsection (b) of this section. Transfer of the collection and costs thereof shall be carried out in accordance with terms, conditions, and standards mutually agreed upon by the Secretary of the Interior and the Secretary of the Smithsonian Institution.
(b) Retention of permanent license to use of images
The Indian Arts and Crafts Board shall retain a permanent license to the use of images of the collection for promotional, economic development, educational and related nonprofit purposes. The Indian Arts and Crafts Board shall not be required to pay any royalty or fee for such license.
(Aug. 27, 1935, ch. 748, § 7, as added Pub. L. 105–277, div. A, § 101(e) [title III, § 356(a)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–304.)
25 U.S.C. § 306 (INDIANS)
§ 306. Expenditures for encouragement of industry and self-support; repayment
On and after May 9, 1938, the expenditures for the purpose of encouraging industry and self-support among the Indians and to aid them in the culture of fruits, grains, and other crops shall be under conditions to be prescribed by the Secretary of the Interior for repayment to the United States on or before the expiration of five years, except in the case of loans on irrigable lands for permanent improvement of said lands, in which the period for repayment may run for nor exceeding twenty years, in the discretion of the Secretary of the Interior.
(May 9, 1938, ch. 187, § 1, 52 Stat. 302.)
25 U.S.C. § 306a (INDIANS)
§ 306a. Advances for support of old, disabled, or indigent allottees; lien against land
On and after May 9, 1938, the Secretary of the Interior is authorized, in his discretion and under such rules and regulations as he may prescribe, to make advances to old, disabled, or indigent Indian allottees, for their support, to remain a charge and lien against their land until paid; such advances for the fiscal year 1939 to be made from the appropriations in this paragraph and those for fiscal years thereafter to be made from appropriations specifically available for such purposes.
(May 9, 1938, ch. 187, § 1, 52 Stat. 302.)
heading: References in Text
text: This paragraph, referred to in text, means the first undesignated paragraph contained at 52 Stat. 302, and the appropriations for advances for the fiscal year 1939, referred to in text, were contained in such part of the undesignated paragraph which was not classified to the Code.
25 U.S.C. § 307, 308 (INDIANS)
§§ 307, 308. Omitted
heading: Codification
text: Section 307, acts Mar. 17, 1949, ch. 22, § 1, 63 Stat. 14; June 30, 1949, ch. 288, title I, § 105, 63 Stat. 381, directed Administrator of General Services to transfer to Secretary of the Interior property known as Bushnell General Hospital, Brigham City, Utah, for use of Bureau of Indian Affairs as a vocational school for children and housing and training center for adults. Pub. L. 98–401, Aug. 27, 1984, 98 Stat. 1477, provided that when the Secretary ceases to use the property for school purposes, he shall publish the legal description of the property in the Federal Register and convey the property without consideration to Brigham City, Utah. The property was conveyed and notice was published in 50 F.R. 1636, Jan. 11, 1985.
Section 308, act Mar. 17, 1949, ch. 22, § 2, 63 Stat. 14, directed Secretary of the Interior to take over the property as soon as Congress appropriated funds for alterations, maintenance, and operation.
25 U.S.C. § 309 (INDIANS)
§ 309. Vocational training program; eligibility; contracts or agreements
In order to help adult Indians who reside on or near Indian reservations to obtain reasonable and satisfactory employment, the Secretary of the Interior is authorized to undertake a program of vocational training that provides for vocational counseling or guidance, institutional training in any recognized vocation or trade, apprenticeship, and on the job training, for periods that do not exceed twenty-four months, and, for nurses’ training, for periods that do not exceed thirty-six months, transportation to the place of training, and subsistence during the course of training. The program shall be available primarily to Indians who are not less than eighteen and not more than thirty-five years of age and who reside on or near an Indian reservation, and the program shall be conducted under such rules and regulations as the Secretary may prescribe. For the purposes of this program the Secretary is authorized to enter into contracts or agreements with any Federal, State, or local governmental agency, or with any private school which has a recognized reputation in the field of vocational education and has successfully obtained employment for its graduates in their respective fields of training, or with any corporation or association which has an existing apprenticeship or on-the-job training program which is recognized by industry and labor as leading to skilled employment, or with any school of nursing offering a three-year course of study leading to a diploma in nursing which is accredited by a recognized body or bodies approved for such purpose by the Secretary.
(Aug. 3, 1956, ch. 930, § 1, 70 Stat. 986; Pub. L. 88–230, § 1(a), Dec. 23, 1963, 77 Stat. 471.)
heading: Amendments
text: 1963—Pub. L. 88–230 authorized Secretary of the Interior to undertake a program for nurses’ training for periods not exceeding 36 months and to enter into contracts with accredited schools of nursing offering a 3-year course of study leading to a diploma in nursing.
25 U.S.C. § 309a (INDIANS)
§ 309a. Authorization of appropriations
There is authorized to be appropriated for the purposes of sections 309 and 309a of this title the sum of $25,000,000 for each fiscal year, and not to exceed $1,500,000 of such sum shall be available for administrative purposes.
(Aug. 3, 1956, ch. 930, § 2, 70 Stat. 986; Pub. L. 87–273, Sept. 22, 1961, 75 Stat. 571; Pub. L. 88–230, § 1(b), Dec. 23, 1963, 77 Stat. 471; Pub. L. 89–14, Apr. 22, 1965, 79 Stat. 74; Pub. L. 90–252, Feb. 3, 1968, 82 Stat. 4.)
heading: Amendments
text: 1968—Pub. L. 90–252 increased appropriation from $15,000,000 to $25,000,000.
1965—Pub. L. 89–14 increased appropriation from $12,000,000 to $15,000,000.
1963—Pub. L. 88–230 increased appropriation from $7,500,000 to $12,000,000 and amount available for administrative purposes from $1,000,000 to $1,500,000.
1961—Pub. L. 87–273 increased appropriation to $7,500,000 and amount available for administrative purposes to $1,000,000.
25 U.S.C. § 309b (INDIANS)
§ 309b. Vocational education funds
Notwithstanding any other provision of law, funds provided by the Bureau for adult vocational education to any vocational school (as defined for purposes of any program of assistance to students under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq., 42 U.S.C. 2751 et seq.]) may be treated as non-Federal, private funds of such school for purposes of any provision of Federal law which requires that non-Federal or private funds of such school be used in a project or for a specific purpose.
(Pub. L. 100–297, title V, § 5403(c), Apr. 28, 1988, 102 Stat. 416.)
heading: References in Text
text: The Higher Education Act of 1965, referred to in text, is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education, and part C (§ 2751 et seq.) of subchapter I of chapter 34 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.
heading: Effective Date
text: For effective date and applicability of section, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education.
25 U.S.C. § 310 (INDIANS)
§ 310. Institute of American Indian and Alaska Native Culture and Arts Development
(a)
(1) To the extent of the availability of funds for such purpose, the Secretary of the Interior shall:
(A) enter into a thirty-year agreement with the College of Santa Fe, Santa Fe, New Mexico, to provide educational facilities for the use of, and to develop cooperative educational/arts programs to be carried out with the postsecondary fine arts and museum services programs of, the Institute of American Indian and Alaska Native Culture and Arts Development administered by the Bureau of Indian Affairs; and
(B) conduct such activities as are necessary to improve the facilities used by the Institute of American Indian and Alaska Native Culture and Arts Development at the College of Santa Fe.
(2) The provisions of this subsection shall take effect on October 1, 1984.
(b)
(1) The Secretary of the Interior, acting through the Bureau of Indian Affairs, is directed to conduct a study for the purpose of determining the need, if any, for a museum facility to be established for the benefit of the Institute of American Indian and Alaska Native Culture and Arts Development, the feasibility of establishing such museum, and the need or desirability, if any, to establish any such museum in close proximity to the facilities currently being used by such Institute at the College of Santa Fe.
(2) On or before February 1, 1985, the Secretary of the Interior shall report the results of such study, together with his recommendations, to the Congress.
(3) Should the study recommend establishment of a museum, and should the College of Santa Fe be selected as the best site, any agreement entered into by the Secretary of the Interior for construction of such museum shall contain assurances, satisfactory to the Secretary, that appropriate lands at the College of Santa Fe will be available at no cost to the Federal Government for the establishment of a museum facility.
(Pub. L. 98–306, § 14, May 31, 1984, 98 Stat. 226; Pub. L. 99–498, title XV, § 1514(c), Oct. 17, 1986, 100 Stat. 1608.)
heading: Amendments
text: 1986—Subsecs. (a)(1), (b)(1). Pub. L. 99–498 substituted “Institute of American Indian and Alaska Native Culture and Arts Development” for “Institute of American Indian Arts” wherever appearing.
heading: Effective Date of 1986 Amendment
text: Pub. L. 99–498, title XV, § 1514(f), Oct. 17, 1986, 100 Stat. 1608, provided that amendment made by Pub. L. 99–498 is effective Oct. 1, 1986.
25 U.S.C. § 311 (INDIANS)
§ 311. Opening highways
The Secretary of the Interior is authorized to grant permission, upon compliance with such requirements as he may deem necessary, to the proper State or local authorities for the opening and establishment of public highways, in accordance with the laws of the State or Territory in which the lands are situated, through any Indian reservation or through any lands which have been allotted in severalty to any individual Indian under any laws or treaties but which have not been conveyed to the allottee with full power of alienation.
(Mar. 3, 1901, ch. 832, § 4, 31 Stat. 1084.)
25 U.S.C. § 312 (INDIANS)
§ 312. Rights-of-way for railway, telegraph, and telephone lines; town-site stations
A right of way for a railway, telegraph, and telephone line through any Indian reservation in any State or Territory, except Oklahoma, or through any lands reserved for an Indian agency or for other purposes in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, is granted to any railroad company organized under the laws of the United States, or of any State or Territory, which shall comply with the provisions of sections 312 to 318 of this title and such rules and regulations as may be prescribed thereunder: Provided, That no right of way shall be granted under said sections until the Secretary of the Interior is satisfied that the company applying has made said application in good faith and with intent and ability to construct said road, and in case objection to the granting of such right of way shall be made, said Secretary shall afford the parties so objecting a full opportunity to be heard: Provided further, That where a railroad has heretofore been constructed, or is in actual course of construction, no parallel right of way within ten miles on either side shall be granted by the Secretary of the Interior unless, in his opinion, public interest will be promoted thereby: Provided, also, That as a condition precedent to each and every grant of a right of way under authority of said sections, each and every railway company applying for such grant shall stipulate that it will construct and permanently maintain suitable passenger and freight stations for the convenience of each and every town site established by the Government along said right of way.
(Mar. 2, 1899, ch. 374, § 1, 30 Stat. 990; Feb. 28, 1902, ch. 134, § 23, 32 Stat. 50; June 25, 1910, ch. 431, § 16, 36 Stat. 859.)
25 U.S.C. § 313 (INDIANS)
§ 313. Width of rights-of-way
Such right of way shall not exceed fifty feet in width on each side of the center line of the road, except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the road, and may include grounds adjacent thereto for station buildings, depots, machine shops, sidetracks, turn-outs, and water stations, not to exceed two hundred feet in width by a length of three thousand feet, and not more than one station to be located within any one continuous length of ten miles of road.
(Mar. 2, 1899, ch. 374, § 2, 30 Stat. 990; June 21, 1906, ch. 3504, 34 Stat. 330.)
25 U.S.C. § 314 (INDIANS)
§ 314. Survey; maps; compensation
The line of route of said road may be surveyed and located through and across any of said lands at any time, upon permission therefor being obtained from the Secretary of the Interior; but before the grant of such right of way shall become effective a map of the survey of the line or route of said road must be filed with and approved by the Secretary of the Interior, and the company must make payment to the Secretary of the Interior for the benefit of the tribe or nation, of full compensation for such right of way, including all damage to improvements and adjacent lands, which compensation shall be determined and paid under the direction of the Secretary of the Interior, in such manner as he may prescribe. Before any such railroad shall be constructed through any land, claim, or improvement, held by individual occupants or allottees in pursuance of any treaties or laws of the United States, compensation shall be made to such occupant or allottee for all property to be taken, or damage done, by reason of the construction of such railroad. In case of failure to make amicable settlement with any such occupant or allottee, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed by the Secretary of the Interior, who, before entering upon the duties of their appointment, shall take and subscribe before competent authority an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to the Secretary of the Interior. If the referees cannot agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right within sixty days after the making of the award and notice of the same, to appeal, if said land is situated in any State or Territory other than Oklahoma, to the United States district court for such State or Territory, where the case shall be tried de novo and the judgment for damages rendered by the court shall be final and conclusive.
When proceedings are commenced in court as aforesaid, the railroad company shall deposit the amount of the award made by the referees with the court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railway. Each of the referees shall receive for his compensation the sum of $4 per day while engaged in the hearing of any case submitted to them under sections 312 to 318 of this title. Witnesses shall receive the fees usually allowed by courts within the district where such land is located. Costs, including compensation of the referees, shall be made part of the award or judgment, and be paid by such railroad company.
(Mar. 2, 1899, ch. 374, § 3, 30 Stat. 991; Feb. 28, 1902, ch. 134, § 23, 32 Stat. 50.)