dreamproit/uscode huggingface dataset:
25 U.S.C. § 3110 (INDIANS)
§ 3110. Tribal forestry programs
(a) Establishment
The Secretary shall establish within the Bureau of Indian Affairs a program to provide financial support to forestry programs established by an Indian tribe.
(b) Support allocation formula; criteria
(1) The Secretary, with the participation of Indian tribes with Indian forest lands, shall establish, and promulgate by regulations, a formula—
(A) for the determination of Indian tribes eligible for such support,
(B) for the provision of levels of assistance for the forestry programs of such tribes, and
(C) the allocation of base support funds to such tribes under the program established pursuant to subsection (a) of this section.
(2) The formula established pursuant to this subsection shall provide funding necessary to support—
(A) one professional forester, including fringe benefits and support costs, for each eligible tribe, and
(B) one additional professional forester or forest technician, including fringe benefits and support costs, for each level of assistance for which an eligible Indian tribe qualifies.
(3) In any fiscal year that appropriations are not sufficient to fully fund tribal forestry programs at each level of assistance under the formula required to be established in this section, available funds for each level of assistance shall be evenly divided among the tribes qualifying for that level of assistance.
(Pub. L. 101–630, title III, § 311, Nov. 28, 1990, 104 Stat. 4538.)
25 U.S.C. § 3112 (INDIANS)
§ 3112. Alaska Native technical assistance program
(a) Establishment
The Secretary, in consultation with the village and regional corporations established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), shall establish a program of technical assistance for such corporations to promote the sustained yield management of their forest resources. Such technical assistance shall also be available to promote local processing and other value-added activities with such forest resources.
(b) Indian Self-Determination Act
The technical assistance to be provided by the Secretary pursuant to subsection (a) of this section shall be made available through contracts, grants or agreements entered into in accordance with, and made available to entities eligible for, such contracts, grants, or agreements under the Indian Self-Determination Act [25 U.S.C. 450f et seq.].
(Pub. L. 101–630, title III, § 313, Nov. 28, 1990, 104 Stat. 4540.)
heading: References in Text
text: The Alaska Native Claims Settlement Act, referred to in subsec. (a), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
The Indian Self-Determination Act, referred to in subsec. (b), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, as amended, which is classified principally to part A (§ 450f et seq.) of subchapter II 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. § 3114 (INDIANS)
§ 3114. Postgraduation recruitment, education and training programs
(a) Postgraduation recruitment
The Secretary shall establish and maintain a program to attract Indian and Alaska Native professional foresters and forester technicians who have already graduated from their course of postsecondary or graduate education for employment in either the Bureau of Indian Affairs forestry programs or, subject to the approval of the tribe, in tribal forestry programs. According to such regulations as the Secretary may prescribe, such program shall provide for the employment of Indian and Alaska Native professional foresters or forestry technicians in exchange for the Secretary’s assumption of the employee’s outstanding student loans. 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, Alaska native,1 and Federal forestry personnel, and the enhancement of tribal and Bureau of Indian Affairs forestry programs, the Secretary shall establish and actively conduct a program for the cooperative internship of Federal, Indian, and Alaska Native forestry personnel. Such program shall—
(1) for agencies within the Department of the Interior—
(A) provide for the internship of Bureau of Indian Affairs, Alaska Native, and Indian forestry employees in the forestry-related programs of other agencies of the Department of the Interior, and
(B) provide for the internship of forestry personnel from other Department of the Interior agencies within the Bureau of Indian Affairs and, with the consent of the tribe, within tribal forestry programs;
(2) for agencies not within the Department of the Interior, provide, pursuant to an interagency agreement, internships within the Bureau of Indian Affairs and, with the consent of the tribe, within a tribal forestry program of other forestry 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 and Alaska Native forestry 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 Division of Forestry of the Bureau of Indian Affairs for the ongoing education and training of Bureau of Indian Affairs, Alaska Native, and Indian forestry personnel. Such program shall provide for—
(1) orientation training for Bureau of Indian Affairs forestry personnel in tribal-Federal relations and responsibilities;
(2) continuing technical forestry education for Bureau of Indian Affairs, Alaska Native, and tribal forestry personnel; and
(3) developmental training of Indian and Alaska Native personnel in forest land based enterprises and marketing.
(Pub. L. 101–630, title III, § 315, Nov. 28, 1990, 104 Stat. 4542.)
25 U.S.C. § 3115 (INDIANS)
§ 3115. Cooperative agreement between Department of the Interior and Indian tribes
(a) Cooperative agreements
(1) To facilitate the administration of the programs and activities of the Department of the Interior, the Secretary is authorized to negotiate and enter into cooperative agreements with Indian tribes to—
(A) engage in cooperative manpower and job training and development programs,
(B) to develop and publish cooperative environmental education and natural resource planning materials, and
(C) to perform land and facility improvements, including forestry and other natural resources protection, fire protection, reforestation, timber stand improvement, debris removal, and other activities related to land and natural resource management.
The Secretary may enter into such agreements when the Secretary determines the public interest will be benefited.
(2) In such cooperative agreements, the Secretary is authorized to advance or reimburse funds to contractors from any appropriated funds available for similar kinds of work or by furnishing or sharing materials, supplies, facilities or equipment without regard to the provisions of section 3324, title 31, relating to the advance of public moneys.
(b) Supervision
In any agreement authorized by this section, Indian tribes and their employees may perform cooperative work under the supervision of the Department of the Interior in emergencies or otherwise as mutually agreed to, but shall not be deemed to be Federal employees other than for purposes of section 1 2671 through 2680 of title 28 and section 1 8101 through 8193 of title 5.
(c) Savings provision
Nothing in this chapter shall be construed to limit the authority of the Secretary to enter into cooperative agreements otherwise authorized by law.
(Pub. L. 101–630, title III, § 316, Nov. 28, 1990, 104 Stat. 4543.)
25 U.S.C. § 3116 (INDIANS)
§ 3116. Obligated service; breach of contract
(a) Obligated service
Where an individual enters into an agreement for obligated service in return for financial assistance under any provision of this chapter, the Secretary shall adopt such regulations as are necessary to provide for the offer of employment to the recipient of such assistance as required by such provision. Where an offer of employment is not reasonably made, the regulations shall provide that such service shall no longer be required.
(b) Breach of contract; repayment
Where an individual fails to accept a reasonable offer of employment in fulfillment of such obligated service or unreasonably terminates or fails to perform the duties of such employment, the Secretary shall require a repayment of the financial assistance provided, prorated for the amount of time of obligated service performed, together with interest on such amount which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States.
(Pub. L. 101–630, title III, § 317, Nov. 28, 1990, 104 Stat. 4544.)
25 U.S.C. § 3118 (INDIANS)
§ 3118. Regulations
Except as otherwise provided by this chapter, the Secretary is directed to promulgate final regulations for the implementation of the 1 chapter within eighteen months from November 28, 1990. All regulations promulgated pursuant to this chapter shall be developed by the Secretary with the participation of the affected Indian tribes.
(Pub. L. 101–630, title III, § 319, Nov. 28, 1990, 104 Stat. 4544.)
25 U.S.C. § 3119 (INDIANS)
§ 3119. Severability
If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid, the application of such provision or circumstance and the remainder of this chapter shall not be affected thereby.
(Pub. L. 101–630, title III, § 320, Nov. 28, 1990, 104 Stat. 4544.)
25 U.S.C. § 3120 (INDIANS)
§ 3120. Trust responsibility
Nothing in this chapter shall be construed to diminish or expand the trust responsibility of the United States toward Indian forest lands, or any legal obligation or remedy resulting therefrom.
(Pub. L. 101–630, title III, § 321, Nov. 28, 1990, 104 Stat. 4544.)
25 U.S.C. § 3204 (INDIANS)
§ 3204. Central registry
(a) Preparation of study
The Secretary, in consultation with the Secretary of Health and Human Services and the Attorney General of the United States, is hereby authorized and directed to prepare a written study on the feasibility of, and need for, the establishment of a Central Register for reports or information on the abuse of children in Indian country.
(b) Content of study
The study conducted pursuant to subsection (a) of this section shall include, but shall not be limited to—
(1) the need for, and purpose of, a Central Register;
(2) the examination of due process implication of the maintenance of such a register;
(3) the extension of access to information contained in the register;
(4) the need and process for expunging information from the register;
(5) the types, and duration of maintenance, of information in the register; and
(6) the classes of persons who should be covered by such register.
(c) Submission to Congress
The Secretary shall complete the study conducted pursuant to this section and shall submit such study, together with recommendations and draft legislation to implement such recommendations, to the Congress within 180 days after November 28, 1990.
(Pub. L. 101–630, title IV, § 405, Nov. 28, 1990, 104 Stat. 4549.)
25 U.S.C. § 3205 (INDIANS)
§ 3205. Confidentiality
Pursuant to section 552a of title 5, the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), or any other provision of law, agencies of any Indian tribe, of any State, or of the Federal Government that investigate and treat incidents of abuse of children may provide information and records to those agencies of any Indian tribe, any State, or the Federal Government that need to know the information in performance of their duties. For purposes of this section, Indian tribal governments shall be treated the same as other Federal Government entities.
(Pub. L. 101–630, title IV, § 406, Nov. 28, 1990, 104 Stat. 4550.)
heading: References in Text
text: The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), referred to in text, is section 513 of title V of Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 571, which enacted section 1232g of Title 20, Education, and provisions set out as notes under sections 1221 and 1232g of Title 20. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 1221 of Title 20 and Tables.
25 U.S.C. § 3206 (INDIANS)
§ 3206. Waiver of parental consent
(a) Examinations and interviews
Photographs, x-rays, medical examinations, psychological examinations, and interviews of an Indian child alleged to have been subject to abuse in Indian country shall be allowed without parental consent if local child protective services or local law enforcement officials have reason to believe the child has been subject to abuse.
(b) Interviews by law enforcement and child protective services officials
In any case in which officials of the local law enforcement agency or local child protective services agency have reason to believe that an Indian child has been subject to abuse in Indian country, the officials of those agencies shall be allowed to interview the child without first obtaining the consent of the parent, guardian, or legal custodian.
(c) Protection of child
Examinations and interviews of a child who may have been the subject of abuse shall be conducted under such circumstances and with such safeguards as are designed to minimize additional trauma to the child and, where time permits, shall be conducted with the advise,1 or under the guidance, of a local multidisciplinary team established pursuant to section 3210 of this title or, in the absence of a local team, a multidisciplinary team established pursuant to section 3209 of this title.
(d) Court orders
Upon a finding of reasonable suspicion that an Indian child has been the subject of abuse in Indian country, a Federal magistrate judge or United States District Court may issue an order enforcing any provision of this section.
(Pub. L. 101–630, title IV, § 407, Nov. 28, 1990, 104 Stat. 4550; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Change of Name
text: “Federal magistrate judge” substituted for “Federal magistrate” in subsec. (d) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
25 U.S.C. § 3208 (INDIANS)
§ 3208. Indian Child Abuse Treatment Grant Program
(a) Establishment
The Secretary of Health and Human Services, acting through the Service and in cooperation with the Bureau, shall establish an Indian Child Abuse Treatment Grant Program that provides grants to any Indian tribe or inter­tribal consortium for the establishment on Indian reservations of treatment programs for Indians who have been victims of child sexual abuse.
(b) Grant applications
(1) Any Indian tribe or intertribal consortium may submit to the Secretary of Health and Human Services an application for a grant under subsection (a) of this section.
(2) Any application submitted under paragraph (1)—
(A) shall be in such form as the Secretary of Health and Human Services may prescribe;
(B) shall be submitted to such Secretary on or before the date designated by such Secretary; and
(C) shall specify—
(i) the nature of the program proposed by the applicant,
(ii) the data and information on which the program is based,
(iii) the extent to which the program plans to use or incorporate existing services available on the reservation, and
(iv) the specific treatment concepts to be used under the program.
(c) Maximum grant amount
The maximum amount of any grant awarded under subsection (a) of this section shall not exceed $500,000.
(d) Grant administration and final report
Each recipient of a grant awarded under subsection (a) of this section shall—
(1) furnish the Secretary of Health and Human Services with such information as such Secretary may require to—
(A) evaluate the program for which the grant is made, and
(B) ensure that the grant funds are expended for the purposes for which the grant was made, and
(2) submit to such Secretary at the close of the term of the grant a final report which shall include such information as the Secretary may require.
(e) Authorization of appropriations
there 1 is hereby authorized to be appropriated to carry out the provisions of this section $10,000,000 for each of the fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.
(Pub. L. 101–630, title IV, § 409, Nov. 28, 1990, 104 Stat. 4551; Pub. L. 104–16, § 1, June 21, 1995, 109 Stat. 190.)
heading: Amendments
text: 1995—Subsec. (e). Pub. L. 104–16 substituted “1995, 1996, and 1997” for “and 1995”.
25 U.S.C. § 3211 (INDIANS)
§ 3211. Repealed. Pub. L. 105–362, title VIII, § 801(a), Nov. 10, 1998, 112 Stat. 3287
text: Section, Pub. L. 101–630, title IV, § 412, Nov. 28, 1990, 104 Stat. 4556, related to annual reports to Congress on administration of provisions concerning Indian child protection and family violence prevention.
25 U.S.C. § 3302 (INDIANS)
§ 3302. Findings
The Congress finds that—
(1) there are increasing numbers of Indian students qualifying for postsecondary education, and there are increasing numbers desiring to go to postsecondary institutions;
(2) the needs of these students far outpace the resources available currently;
(3) Indian tribes have shown an increasing interest in administering programs serving these individuals and making decisions on these programs reflecting their determinations of the tribal and human needs;
(4) the contracting process under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] has provided a mechanism for the majority of the tribes to assume control over this program from the Bureau of Indian Affairs;
(5) however, inherent limitations in the contracting philosophy and mechanism, coupled with cumbersome administrative procedures developed by the Bureau of Indian Affairs have effectively limited the efficiency and effectiveness of these programs;
(6) the provision of these services in the most effective and efficient form possible is necessary for tribes, the country, and the individuals to be served; and
(7) these services are part of the Federal Government’s continuing trust responsibility to provide education services to American Indian and Alaska Natives.
(Pub. L. 102–325, title XIII, § 1312, July 23, 1992, 106 Stat. 798.)
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in par. (4), 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. § 3303 (INDIANS)
§ 3303. Program authority
(a) In general
The Secretary shall, from the amounts appropriated for the purpose of supporting higher education grants for Indian students under the authority of section 13 of this title, make grants to Indian tribes in accordance with the requirements of this subchapter to permit those tribes to provide financial assistance to individual Indian students for the cost of attendance at institutions of higher education.
(b) Limitation on Secretary’s authority
The Secretary shall not place any restrictions on the use of funds provided to an Indian tribe under this subchapter that is not expressly authorized by this subchapter.
(c) Effect on Federal responsibilities
The provisions of this subchapter shall not affect any trust responsibilities of the Federal Government.
(d) No termination for administrative convenience
Grants provided under this subchapter may not be terminated, modified, suspended, or reduced only for the convenience of the administering agency.
(Pub. L. 102–325, title XIII, § 1313, July 23, 1992, 106 Stat. 798.)
25 U.S.C. § 3305 (INDIANS)
§ 3305. Allocation of grant funds
(a) Allocation of funds
(1) In general
The Secretary shall continue to determine the amount of program funds to be received by each grantee under this subchapter by the same method used for determining such distribution in fiscal year 1991 for tribally-administered and Bureau-administered programs of grants to individual Indians to defray postsecondary expenses.
(2) Administrative costs
In addition to the amount determined under paragraph (1), a grantee which has exercised the option given in section 3304(a) of this title to administer the program under a grant shall receive an amount for administrative costs determined pursuant to the method used by the grantee during the preceding contract period. All other grantees shall receive an amount for administrative costs determined pursuant to the regulations governing such determinations under the Indian Self Determination and Education Assistance Act [25 U.S.C. 450 et seq.], as in effect at the time of application to grants being made.
(3) Single grant; separate accounts
Each grantee shall receive only one grant during any fiscal year, which shall include both of the amounts under paragraphs (1) and (2). Each grantee shall maintain this grant in a separate account.
(b) Use of funds
Funds provided by grants under this subchapter shall be used—
(1) to make grants to individual Indian students to meet, on the basis of need, any educational expense of attendance in a postsecondary education program (as determined under the contracts applying to the postsecondary education program administered by tribes under the Indian Self Determination and Education Assistance Act (Public Law 93–638) [25 U.S.C. 450 et seq.]), to the extent that such expense is not met from other sources or cannot be defrayed through the action of any State, Federal, or municipal Act, except that nothing in this subsection shall be interpreted as requiring any priority in consideration of resources; and
(2) costs of administering the program under this subchapter, except that no more may be spent on administration of such program than is generated by the method for administrative cost computation specified in subsection (a)(2) of this section.
(Pub. L. 102–325, title XIII, § 1315, July 23, 1992, 106 Stat. 800.)
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (a)(2) and (b)(1), 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.