dreamproit/uscode huggingface dataset:
25 U.S.C. § 3733 (INDIANS)
§ 3733. Cooperative agreement between Department of the Interior and Indian tribes
(a) Cooperative agreements
(1)
(A) To facilitate the administration of the programs and activities of the Department of the Interior, the Secretary may negotiate and enter into cooperative agreements with Indian tribes to—
(i) engage in cooperative manpower and job training,
(ii) develop and publish cooperative agricultural education and resource planning materials, and
(iii) perform land and facility improvements and other activities related to land and natural resource management and development.
(B) The Secretary may enter into these agreements when the Secretary determines the interest of Indians and Indian tribes will be benefited.
(2) In cooperative agreements entered into under paragraph (1), the Secretary may 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 of 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 the purposes of sections 2671 through 2680 of title 28 and sections 8101 through 8193 of title 5.
(c) Savings clause
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. 103–177, title II, § 203, Dec. 3, 1993, 107 Stat. 2021.)
25 U.S.C. § 3734 (INDIANS)
§ 3734. 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 subchapter, 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 that was 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 Secretary of the Treasury.
(Pub. L. 103–177, title II, § 204, Dec. 3, 1993, 107 Stat. 2022.)
25 U.S.C. § 3741 (INDIANS)
§ 3741. Regulations
Except as otherwise provided by this chapter, the Secretary shall promulgate final regulations for the implementation of this chapter within 24 months after December 3, 1993. All regulations promulgated pursuant to this chapter shall be developed by the Secretary with the participation of the affected Indian tribes.
(Pub. L. 103–177, title III, § 301, Dec. 3, 1993, 107 Stat. 2022.)
25 U.S.C. § 3742 (INDIANS)
§ 3742. Trust responsibility
Nothing in this chapter shall be construed to diminish or expand the trust responsibility of the United States toward Indian trust lands or natural resources, or any legal obligation or remedy resulting therefrom.
(Pub. L. 103–177, title III, § 302, Dec. 3, 1993, 107 Stat. 2022.)
25 U.S.C. § 3743 (INDIANS)
§ 3743. 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. 103–177, title III, § 303, Dec. 3, 1993, 107 Stat. 2022.)
25 U.S.C. § 3744 (INDIANS)
§ 3744. Federal, State and local authority
(a) Disclaimer
Nothing in this chapter shall be construed to supersede or limit the authority of Federal, State or local agencies otherwise authorized by law to provide services to Indians.
(b) Duplication of services
The Secretary shall work with all appropriate Federal departments and agencies to avoid duplication of programs and services currently available to Indian tribes and landowners from other sources.
(Pub. L. 103–177, title III, § 304, Dec. 3, 1993, 107 Stat. 2022.)
25 U.S.C. § 3745 (INDIANS)
§ 3745. Authorization of appropriations
(a) General authorization
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this chapter.
(b) Funding source
The activities required under subchapter II of this chapter may only be funded from appropriations made pursuant to this chapter. To the greatest extent possible, such activities shall be coordinated with activities funded from other sources.
(Pub. L. 103–177, title III, § 305, Dec. 3, 1993, 107 Stat. 2023.)
25 U.S.C. § 3746 (INDIANS)
§ 3746. Tribal immunity
Nothing in this chapter shall be construed to affect, modify, diminish, or otherwise impair the sovereign immunity from suit enjoyed by Indian tribes.
(Pub. L. 103–177, title III, § 306, as added Pub. L. 103–435, § 12(b), Nov. 2, 1994, 108 Stat. 4572.)
25 U.S.C. § 3801 (INDIANS)
§ 3801. Findings
The Congress finds that—
(1) the Secretary of the Interior has identified 53 dams on Indian lands that present a threat to human life in the event of a failure;
(2) because of inadequate attention in the past to problems stemming from structural deficiencies and regular maintenance requirements for dams operated by the Bureau of Indian Affairs, unsafe Bureau dams continue to pose an imminent threat to people and property;
(3) many Bureau dams have maintenance deficiencies regardless of their current safety condition classification and the deficiencies must be corrected to avoid future threats to human life and property;
(4) safe working dams on Indian lands are necessary to supply irrigation water, to provide flood control, to provide water for municipal, industrial, domestic, livestock, and recreation uses, and for fish and wildlife habitats; and
(5) it is necessary to institute a regular dam maintenance and repair program, utilizing the expertise in the Bureau, Indian tribes, and other Federal agencies.
(Pub. L. 103–302, § 2, Aug. 23, 1994, 108 Stat. 1560.)
heading: Short Title
text: Pub. L. 103–302, § 1, Aug. 23, 1994, 108 Stat. 1560, provided that: “This Act [enacting this chapter] may be cited as the ‘Indian Dams Safety Act of 1994’.”
25 U.S.C. § 3802 (INDIANS)
§ 3802. Definitions
As used in this chapter:
(1) The term “Bureau” means the Bureau of Indian Affairs.
(2) The term “dam” has the same meaning given such term by section 467 of title 33.
(3) The term “Secretary” means the Secretary of the Interior.
(4) The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], 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.
(Pub. L. 103–302, § 3, Aug. 23, 1994, 108 Stat. 1560; Pub. L. 104–303, title II, § 215(d), Oct. 12, 1996, 110 Stat. 3694.)
heading: References in Text
text: The Alaska Native Claims Settlement Act, referred to in par. (4), 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.
heading: Amendments
text: 1996—Par. (2). Pub. L. 104–303 made technical amendment to reference in original act which appears in text as reference to section 467 of title 33.
25 U.S.C. § 3804 (INDIANS)
§ 3804. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this chapter. Funds provided under this chapter are to be considered nonreimbursable.
(Pub. L. 103–302, § 5, Aug. 23, 1994, 108 Stat. 1563.)
25 U.S.C. § 3901 (INDIANS)
§ 3901. Findings and purposes
(a) Findings
The Congress finds that—
(1) there are at least 600 open dumps on Indian and Alaska Native lands;
(2) these dumps threaten the health and safety of residents of Indian and Alaska Native lands and contiguous areas;
(3) many of these dumps were established or are used by Federal agencies such as the Bureau of Indian Affairs and the Indian Health Service;
(4) these dumps threaten the environment;
(5) the United States holds most Indian lands in trust for the benefit of Indian tribes and Indian individuals; and
(6) most Indian tribal governments and Alaska Native entities lack the financial and technical resources necessary to close and maintain these dumps in compliance with applicable Federal laws.
(b) Purposes
The purposes of this chapter are to—
(1) identify the location of open dumps on Indian lands and Alaska Native lands;
(2) assess the relative health and environmental hazards posed by such dumps; and
(3) provide financial and technical assistance to Indian tribal governments and Alaska Native entities, either directly or by contract, to close such dumps in compliance with applicable Federal standards and regulations, or standards promulgated by an Indian tribal government or Alaska Native entity, if such standards are more stringent than the Federal standards.
(Pub. L. 103–399, § 2, Oct. 22, 1994, 108 Stat. 4164.)
heading: Short Title
text: Pub. L. 103–399, § 1, Oct. 22, 1994, 108 Stat. 4164, provided that: “This Act [enacting this chapter] may be cited as the ‘Indian Lands Open Dump Cleanup Act of 1994’.”
25 U.S.C. § 3903 (INDIANS)
§ 3903. Inventory of open dumps
(a) Study and inventory
Not later than 12 months after October 22, 1994, the Director shall conduct a study and inventory of open dumps on Indian lands and Alaska Native lands. The inventory shall list the geographic location of all open dumps, an evaluation of the contents of each dump, and an assessment of the relative severity of the threat to public health and the environment posed by each dump. Such assessment shall be carried out cooperatively with the Administrator of the Environmental Protection Agency. The Director shall obtain the concurrence of the Administrator in the determination of relative severity made by any such assessment.
(b) Annual reports
Upon completion of the study and inventory under subsection (a) of this section, the Director shall report to the Congress, and update such report annually—
(1) the current priority of Indian and Alaska Native solid waste deficiencies,
(2) the methodology of determining the priority listing,
(3) the level of funding needed to effectively close or bring into compliance all open dumps on Indian lands or Alaska Native lands, and
(4) the progress made in addressing Indian and Alaska Native solid waste deficiencies.
(c) 10-year plan
The Director shall develop and begin implementation of a 10-year plan to address solid waste disposal needs on Indian lands and Alaska Native lands. This 10-year plan shall identify—
(1) the level of funding needed to effectively close or bring into compliance with applicable Federal standards any open dumps located on Indian lands and Alaska Native lands; and
(2) the level of funding needed to develop comprehensive solid waste management plans for every Indian tribal government and Alaska Native entity.
(Pub. L. 103–399, § 4, Oct. 22, 1994, 108 Stat. 4166.)
25 U.S.C. § 3904 (INDIANS)
§ 3904. Authority of Director of Indian Health Service
(a) Reservation inventory
(1) Upon request by an Indian tribal government or Alaska Native entity, the Director shall—
(A) conduct an inventory and evaluation of the contents of open dumps on the Indian lands or Alaska Native lands which are subject to the authority of the Indian tribal government or Alaska Native entity;
(B) determine the relative severity of the threat to public health and the environment posed by each dump based on information available to the Director and the Indian tribal government or Alaska Native entity unless the Director, in consultation with the Indian tribal government or Alaska Native entity, determines that additional actions such as soil testing or water monitoring would be appropriate in the circumstances; and
(C) develop cost estimates for the closure and postclosure maintenance of such dumps.
(2) The inventory and evaluation authorized under paragraph (1)(A) shall be carried out cooperatively with the Administrator of the Environmental Protection Agency. The Director shall obtain the concurrence of the Administrator in the determination of relative severity made under paragraph (1)(B).
(b) Assistance
Upon completion of the activities required to be performed pursuant to subsection (a) of this section, the Director shall, subject to subsection (c) of this section, provide financial and technical assistance to the Indian tribal government or Alaska Native entity to carry out the activities necessary to—
(1) close such dumps; and
(2) provide for postclosure maintenance of such dumps.
(c) Conditions
All assistance provided pursuant to subsection (b) of this section shall be made available on a site-specific basis in accordance with priorities developed by the Director. Priorities on specific Indian lands or Alaska Native lands shall be developed in consultation with the Indian tribal government or Alaska Native entity. The priorities shall take into account the relative severity of the threat to public health and the environment posed by each open dump and the availability of funds necessary for closure and postclosure maintenance.
(Pub. L. 103–399, § 5, Oct. 22, 1994, 108 Stat. 4166.)
25 U.S.C. § 3905 (INDIANS)
§ 3905. Contract authority
(a) Authority of Director
To the maximum extent feasible, the Director shall carry out duties under this chapter through contracts, compacts, or memoranda of agreement with Indian tribal governments or Alaska Native entities pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), section 2004a of title 42, or section 1632 of this title.
(b) Cooperative agreements
The Director is authorized, for purposes of carrying out the duties of the Director under this chapter, to contract with or enter into such cooperative agreements with such other Federal agencies as is considered necessary to provide cost-sharing for closure and postclosure activities, to obtain necessary technical and financial assistance and expertise, and for such other purposes as the Director considers necessary.
(Pub. L. 103–399, § 6, Oct. 22, 1994, 108 Stat. 4167.)
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in subsec. (a), 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. § 3906 (INDIANS)
§ 3906. Tribal demonstration project
(a) In general
The Director may establish and carry out a program providing for demonstration projects involving open dumps on Indian land or Alaska Native land. It shall be the purpose of such projects to determine if there are unique cost factors involved in the cleanup and maintenance of open dumps on such land, and the extent to which advanced closure planning is necessary. Under the program, the Director is authorized to select no less than three Indian tribal governments or Alaska Native entities to participate in such demonstration projects.
(b) Criteria
Criteria established by the Director for the selection and participation of an Indian tribal government or Alaska Native entity in the demonstration project shall provide that in order to be eligible to participate, an Indian tribal government or Alaska Native entity must—
(1) have one or more existing open dumps on Indian lands or Alaska Native lands which are under its authority;
(2) have developed a comprehensive solid waste management plan for such lands; and
(3) have developed a closure and postclosure maintenance plan for each dump located on such lands.
(c) Duration of funding for project
No demonstration project shall be funded for more than three fiscal years.
(Pub. L. 103–399, § 7, Oct. 22, 1994, 108 Stat. 4167.)
25 U.S.C. § 3907 (INDIANS)
§ 3907. Authorization of appropriations
(a) General authorization
There are authorized to be appropriated such sums as may be necessary to carry out this chapter.
(b) Coordination
The activities required to be performed by the Director under this chapter shall be coordinated with activities related to solid waste and sanitation facilities funded pursuant to other authorizations.
(Pub. L. 103–399, § 8, Oct. 22, 1994, 108 Stat. 4168.)
25 U.S.C. § 3908 (INDIANS)
§ 3908. Disclaimers
(a) Authority of Director
Nothing in this chapter shall be construed to alter, diminish, repeal, or supersede any authority conferred on the Director pursuant to section 1632 of this title, and section 2004a of title 42.
(b) Exempted lands and facilities
This chapter shall not apply to open dump sites on Indian lands or Alaska Native lands—
(1) that comprise an area of one-half acre or less and that are used by individual families on lands to which they hold legal or beneficial title;
(2) of any size that have been or are being operated for a profit; or
(3) where solid waste from an industrial process is being or has been routinely disposed of at a privately owned facility in compliance with applicable Federal laws.
(c) Rules of construction
(1) Nothing in this chapter shall be construed to amend or modify the authority or responsibility of the Administrator of the Environmental Protection Agency under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(2) Nothing in this chapter is intended to amend, repeal, or supersede any provision of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(Pub. L. 103–399, § 9, Oct. 22, 1994, 108 Stat. 4168.)
heading: References in Text
text: The Solid Waste Disposal Act, referred to in subsec. (c), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) 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 6901 of Title 42 and Tables.
25 U.S.C. § 4001 (INDIANS)
§ 4001. Definitions
For the purposes of this chapter:
(1) The term “Special Trustee” means the Special Trustee for American Indians appointed under section 4042 of this title.
(2) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(3) The term “Secretary” means the Secretary of the Interior.
(4) The term “Office” means the Office of Special Trustee for American Indians established by section 4042 of this title.
(5) The term “Bureau” means the Bureau of Indian Affairs within the Department of the Interior.
(6) The term “Department” means the Department of the Interior.
(Pub. L. 103–412, § 2, Oct. 25, 1994, 108 Stat. 4239.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 103–412, Oct. 25, 1994, 108 Stat. 4239, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
The Alaska Native Claims Settlement Act, referred to in par. (2), 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.
heading: Short Title
text: Pub. L. 103–412, § 1(a), Oct. 25, 1994, 108 Stat. 4239, provided that: “This Act [enacting this chapter, amending sections 161a and 162a of this title, and enacting provisions set out as a note under section 161a of this title] may be cited as the ‘American Indian Trust Fund Management Reform Act of 1994’.”
25 U.S.C. § 4011 (INDIANS)
§ 4011. Responsibility of Secretary to account for daily and annual balances of Indian trust funds
(a) Requirement to account
The Secretary shall account for the daily and annual balance of all funds held in trust by the United States for the benefit of an Indian tribe or an individual Indian which are deposited or invested pursuant to section 162a of this title.
(b) Periodic statement of performance
Not later than 20 business days after the close of a calendar quarter, the Secretary shall provide a statement of performance to each Indian tribe and individual with respect to whom funds are deposited or invested pursuant to section 162a of this title. The statement, for the period concerned, shall identify—
(1) the source, type, and status of the funds;
(2) the beginning balance;
(3) the gains and losses;
(4) receipts and disbursements; and
(5) the ending balance.
(c) Annual audit
The Secretary shall cause to be conducted an annual audit on a fiscal year basis of all funds held in trust by the United States for the benefit of an Indian tribe or an individual Indian which are deposited or invested pursuant to section 162a of this title, and shall include a letter relating to the audit in the first statement of performance provided under subsection (b) of this section after the completion of the audit.
(Pub. L. 103–412, title I, § 102, Oct. 25, 1994, 108 Stat. 4240.)
heading: Performance and Account Statements for Inactive Accounts
text: Provisions stating that the Secretary was not required to provide a quarterly statement of performance for any Indian trust account that had not had activity for at least 18 months and had a balance of $1.00 or less but was required to issue an annual account statement and maintain a record of any such accounts and to permit the balance in each such account to be withdrawn upon the express written request of the account holder, were contained in Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 519, and were repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriations acts:
Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. 3061.
Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1263.
Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 236.
Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 435.
Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 939.
Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–153.
Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–251.
25 U.S.C. § 4012 (INDIANS)
§ 4012. Authority for payment of claims for interest owed
The Secretary shall make payments to an individual Indian in full satisfaction of any claim of such individual for interest on amounts deposited or invested on behalf of such individual before October 25, 1994, retroactive to the date that the Secretary began investing individual Indian monies on a regular basis, to the extent that the claim is identified—
(1) by a reconciliation process of individual Indian money accounts, or
(2) by the individual and presented to the Secretary with supporting documentation, and is verified by the Secretary pursuant to the Department’s policy for addressing accountholder losses.
(Pub. L. 103–412, title I, § 104, Oct. 25, 1994, 108 Stat. 4241.)