dreamproit/uscode huggingface dataset:
25 U.S.C. § 1952 (INDIANS)
§ 1952. Rules and regulations
Within one hundred and eighty days after November 8, 1978, the Secretary shall promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter.
(Pub. L. 95–608, title III, § 302, Nov. 8, 1978, 92 Stat. 3077.)
25 U.S.C. § 1961 (INDIANS)
§ 1961. Locally convenient day schools
(a) Sense of Congress
It is the sense of Congress that the absence of locally convenient day schools may contribute to the breakup of Indian families.
(b) Report to Congress; contents, etc.
The Secretary is authorized and directed to prepare, in consultation with appropriate agencies in the Department of Health and Human Services, a report on the feasibility of providing Indian children with schools located near their homes, and to submit such report to the Select Committee on Indian Affairs of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives within two years from November 8, 1978. In developing this report the Secretary shall give particular consideration to the provision of educational facilities for children in the elementary grades.
(Pub. L. 95–608, title IV, § 401, Nov. 8, 1978, 92 Stat. 3078; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
heading: Change of Name
text: “Department of Health and Human Services” substituted for “Department of Health, Education, and Welfare” in subsec. (b), pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.
Select Committee on Indian Affairs of the Senate redesignated Committee on Indian Affairs of the Senate by section 25 of Senate Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
25 U.S.C. § 1962 (INDIANS)
§ 1962. Copies to the States
Within sixty days after November 8, 1978, the Secretary shall send to the Governor, chief justice of the highest court of appeal, and the attorney general of each State a copy of this chapter, together with committee reports and an explanation of the provisions of this chapter.
(Pub. L. 95–608, title IV, § 402, Nov. 8, 1978, 92 Stat. 3078.)
25 U.S.C. § 2003 (INDIANS)
§ 2003. Codification of regulations
(a) Part 32 of Title 25, Code of Federal Regulations
The provisions of part 32 of title 25, Code of Federal Regulations, as in effect on January 1, 1987, are incorporated into this Act and shall be treated as though such provisions are set forth in this subsection. Such provisions may be altered only by means of an Act of Congress. To the extent that such provisions of part 32 do not conform with this Act or any statutory provision of law enacted before November 1, 1978, the provisions of this Act and the provisions of such other statutory law shall govern.
(b) Definition of regulation
In this section, the term “regulation” means any rule, regulation, guideline, interpretation, order, or requirement of general applicability prescribed by any officer or employee of the executive branch.
(Pub. L. 95–561, title XI, § 1123, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2019.)
heading: References in Text
text: This Act, referred to in subsec. (a), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 6301 of Title 20, Education, and Tables.
heading: Prior Provisions
text: A prior section 2003, Pub. L. 95–561, title XI, § 1123, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3985, related to the incorporation of regulations into, or the application of regulations to, Pub. L. 95–561, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2003, Pub. L. 95–561, title XI, § 1123, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100–297, title V, § 5106, Apr. 28, 1988, 102 Stat. 367, related to the incorporation of regulations into, or the application of regulations to, Pub. L. 95–561, prior to the general amendment of this chapter by Pub. L. 103–382.
25 U.S.C. § 2009 (INDIANS)
§ 2009. Division of Budget Analysis
(a) Establishment
Not later than 1 year after January 8, 2002, the Secretary shall establish within the Office of Indian Education Programs a Division of Budget Analysis (hereafter in this section referred to as the “Division”). Such Division shall be under the direct supervision and control of the Director of the Office.
(b) Functions
In consultation with the tribal governing bodies and tribal school boards, the Director of the Office, through the Division, shall conduct studies, surveys, or other activities to gather demographic information on Bureau-funded schools and project the amount necessary to provide Indian students in such schools the educational program set forth in this chapter.
(c) Annual reports
Not later than the date on which the Assistant Secretary for Indian Affairs makes the annual budget submission, for each fiscal year after January 8, 2002, the Director of the Office shall submit to the appropriate committees of Congress (including the Appropriations committees), all Bureau-funded schools, and the tribal governing bodies of such schools, a report that contains—
(1) projections, based upon the information gathered pursuant to subsection (b) of this section and any other relevant information, of amounts necessary to provide Indian students in Bureau-funded schools the educational program set forth in this chapter;
(2) a description of the methods and formulas used to calculate the amounts projected pursuant to paragraph (1); and
(3) such other information as the Director of the Office considers appropriate.
(d) Use of reports
The Director of the Office and the Assistant Secretary for Indian Affairs shall use the annual report required by subsection (c) of this section when preparing annual budget submissions.
(Pub. L. 95–561, title XI, § 1129, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2038.)
heading: Prior Provisions
text: A prior section 2009, Pub. L. 95–561, title XI, § 1129, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3998, related to Division of Budget Analysis, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2009, Pub. L. 95–561, title XI, § 1129, Nov. 1, 1978, 92 Stat. 2321; Pub. L. 98–511, title V, §§ 506, 507(a), Oct. 19, 1984, 98 Stat. 2395, 2396; Pub. L. 99–89, § 6, Aug. 15, 1985, 99 Stat. 382; Pub. L. 99–570, title IV, § 4133(b)(4), Oct. 27, 1986, 100 Stat. 3207–134; Pub. L. 100–297, title V, §§ 5109, 5110, 5118, Apr. 28, 1988, 102 Stat. 375, 376, 382; Pub. L. 100–427, §§ 6, 9(d), Sept. 9, 1988, 102 Stat. 1605, 1607, related to uniform direct funding and support, prior to the general amendment of this chapter by Pub. L. 103–382.
25 U.S.C. § 2011 (INDIANS)
§ 2011. Policy for Indian control of Indian education
(a) Facilitation of Indian control
It shall be the policy of the United States acting through the Secretary, in carrying out the functions of the Bureau, to facilitate Indian control of Indian affairs in all matters relating to education.
(b) Consultation with tribes
(1) In general
All actions under this Act shall be done with active consultation with tribes. The United States acting through the Secretary and tribes shall work in a government-to-government relationship to ensure quality education for all tribal members.
(2) Requirements
(A) Definition of consultation
In this subsection, the term “consultation” means a process involving the open discussion and joint deliberation of all options with respect to potential issues or changes between the Bureau and all interested parties.
(B) Discussion and joint deliberation
During discussions and joint deliberations, interested parties (including tribes and school officials) shall be given an opportunity—
(i) to present issues (including proposals regarding changes in current practices or programs) that will be considered for future action by the Secretary; and
(ii) to participate and discuss the options presented, or to present alternatives, with the views and concerns of the interested parties given effect unless the Secretary determines, from information available from or presented by the interested parties during one or more of the discussions and deliberations, that there is a substantial reason for another course of action.
(C) Explanation by Secretary
The Secretary shall submit to any Member of Congress, within 18 days of the receipt of a written request by such Member, a written explanation of any decision made by the Secretary which is not consistent with the views of the interested parties described in subparagraph (B).
(Pub. L. 95–561, title XI, § 1131, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2043.)
heading: References in Text
text: This Act, referred to in subsec. (b)(1), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 6301 of Title 20, Education, and Tables.
heading: Prior Provisions
text: A prior section 2011, Pub. L. 95–561, title XI, § 1131, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4001, related to policy for Indian control of Indian education, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2011, Pub. L. 95–561, title XI, § 1131, Nov. 1, 1978, 92 Stat. 2322; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 98–511, title V, § 507(b), Oct. 19, 1984, 98 Stat. 2396; Pub. L. 100–297, title V, §§ 5112(a), (b)(1), 5114, 5115, Apr. 28, 1988, 102 Stat. 377, 378, 380; Pub. L. 100–427, § 9(a)–(c), Sept. 9, 1988, 102 Stat. 1606, related to education personnel, prior to the general amendment of this chapter by Pub. L. 103–382.
25 U.S.C. § 2013 (INDIANS)
§ 2013. Computerized management information system
(a) In general
Not later than 12 months after January 8, 2002, the Secretary shall update the computerized management information system within the Office. The information to be updated shall include information regarding—
(1) student enrollment;
(2) curricula;
(3) staffing;
(4) facilities;
(5) community demographics;
(6) student assessment information;
(7) information on the administrative and program costs attributable to each Bureau program, divided into discrete elements;
(8) relevant reports;
(9) personnel records;
(10) finance and payroll; and
(11) such other items as the Secretary determines to be appropriate.
(b) Implementation of system
Not later than July 1, 2003, the Secretary shall complete the implementation of the updated computerized management information system at each Bureau field office and Bureau-funded school.
(Pub. L. 95–561, title XI, § 1133, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2055.)
heading: Prior Provisions
text: A prior section 2013, Pub. L. 95–561, title XI, § 1133, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4010, related to management information system, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2013, Pub. L. 95–561, title XI, § 1133, Nov. 1, 1978, 92 Stat. 2327, related to Bureau education policies, practices, and procedures, prior to the general amendment of this chapter by Pub. L. 103–382.
25 U.S.C. § 2014 (INDIANS)
§ 2014. Recruitment of Indian educators
The Secretary shall institute a policy for the recruitment of qualified Indian educators and a detailed plan to promote employees from within the Bureau. Such plan shall include opportunities for acquiring work experience prior to actual work assignment.
(Pub. L. 95–561, title XI, § 1134, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2055.)
heading: Prior Provisions
text: A prior section 2014, Pub. L. 95–561, title XI, § 1134, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4010, related to Bureau education policies, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2014, Pub. L. 95–561, title XI, § 1134, Nov. 1, 1978, 92 Stat. 2327, related to uniform education procedures and practices by Bureau divisions, prior to the general amendment of this chapter by Pub. L. 103–382.
25 U.S.C. § 2015 (INDIANS)
§ 2015. Annual report; audits
(a) Annual reports
The Secretary shall submit to each appropriate committee of Congress, all Bureau-funded schools, and the tribal governing bodies of such schools, a detailed annual report on the state of education within the Bureau, and any problems encountered in Indian education during the period covered by the report, that includes—
(1) suggestions for the improvement of the Bureau educational system and for increasing tribal or local Indian control of such system; and
(2) information on the status of tribally controlled community colleges.
(b) Budget request
The annual budget request for the education programs of the Bureau, as submitted as part of the President’s next annual budget request under section 1105 of title 31 shall include the plans required by sections 2001(c), 2002(c), and 2004(c) 1 of this title.
(c) Financial and compliance audits
The Inspector General of the Department of the Interior shall establish a system to ensure that financial and compliance audits, based upon the extent to which a school described in subsection (a) of this section has complied with the local financial plan under section 2010 of this title, are conducted of each Bureau-operated school at least once every 3 years.
(d) Administrative evaluation of schools
The Director shall, at least once every 3 to 5 years, conduct a comprehensive evaluation of Bureau-operated schools. Such evaluation shall be in addition to any other program review or evaluation that may be required under Federal law.
(Pub. L. 95–561, title XI, § 1135, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2056.)
heading: Prior Provisions
text: A prior section 2015, Pub. L. 95–561, title XI, § 1135, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4010, related to uniform education procedures and practices, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2015, Pub. L. 95–561, title XI, § 1135, Nov. 1, 1978, 92 Stat. 2327, related to recruitment policy for Indian educators and promotion plan for Bureau employees, prior to the general amendment of this chapter by Pub. L. 103–382.
25 U.S.C. § 2016 (INDIANS)
§ 2016. Rights of Indian students
The Secretary shall prescribe such rules and regulations as are necessary to ensure the constitutional and civil rights of Indian students attending Bureau-funded schools, including such students’ rights to—
(1) privacy under the laws of the United States;
(2) freedom of religion and expression; and
(3) due process in connection with disciplinary actions, suspensions, and expulsions.
(Pub. L. 95–561, title XI, § 1136, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2056.)
heading: Prior Provisions
text: A prior section 2016, Pub. L. 95–561, title XI, § 1136, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4010, related to recruitment of Indian educators, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2014 of this title.
Another prior section 2016, Pub. L. 95–561, title XI, § 1136, Nov. 1, 1978, 92 Stat. 2327; Pub. L. 97–375, title II, § 208(b), Dec. 21, 1982, 96 Stat. 1825; Pub. L. 98–511, title V, § 509, Oct. 19, 1984, 98 Stat. 2397; Pub. L. 99–89, § 7, Aug. 15, 1985, 99 Stat. 383, related to annual reports to Congressional committees and audits, prior to the general amendment of this chapter by Pub. L. 103–382.
A prior section 2016a, Pub. L. 100–297, title VI, § 6210, Apr. 28, 1988, 102 Stat. 427, directed Assistant Secretary of the Interior for Bureau of Indian Affairs to submit to appropriate committees of Congress, the President, and the Secretary by September 30 of every other year a report on education of Indian children, prior to repeal by Pub. L. 100–427, § 27, Sept. 9, 1988, 102 Stat. 1614.
25 U.S.C. § 2017 (INDIANS)
§ 2017. Regulations
(a) Promulgation
(1) In general
The Secretary may promulgate only such regulations—
(A) as are necessary to ensure compliance with the specific provisions of this chapter; and
(B) as the Secretary is authorized to promulgate pursuant to section 2510 of this title.1
(2) Publication
In promulgating the regulations, the Secretary shall—
(A) publish proposed regulations in the Federal Register; and
(B) provide a period of not less than 120 days for public comment and consultation on the regulations.
(3) Citation
The regulations shall contain, immediately following each regulatory section, a citation to any statutory provision providing authority to promulgate such regulatory section.
(b) Miscellaneous
The provisions of this Act shall supersede any conflicting provisions of law (including any conflicting regulations) in effect on the day before the date of enactment of this Act and the Secretary is authorized to repeal any regulation inconsistent with the provisions of this Act.
(Pub. L. 95–561, title XI, § 1137, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2056.)
heading: References in Text
text: This Act, referred to in subsec. (b), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 6301 of Title 20, Education, and Tables.
heading: Prior Provisions
text: A prior section 2017, Pub. L. 95–561, title XI, § 1137, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4011; amended Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 105–362, title VIII, § 801(c)(4), Nov. 10, 1998, 112 Stat. 3288, related to biennial report, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2015 of this title.
Another prior section 2017, Pub. L. 95–561, title XI, § 1137, Nov. 1, 1978, 92 Stat. 2327, related to constitutional and civil rights of Indian children attending Bureau schools, prior to the general amendment of this chapter by Pub. L. 103–382.
25 U.S.C. § 2101 (INDIANS)
§ 2101. Definitions
For the purposes of this chapter, the term—
(1) “Indian” means any individual Indian or Alaska Native who owns land or interests in land the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States;
(2) “Indian tribe” means any Indian tribe, band, nation, pueblo, community, rancheria, colony, or other group which owns land or interests in land title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; and
(3) “Secretary” means the Secretary of the Interior.
(Pub. L. 97–382, § 2, Dec. 22, 1982, 96 Stat. 1938.)
heading: Short Title
text: Pub. L. 97–382, § 1, Dec. 22, 1982, 96 Stat. 1938, provided: “That this Act [enacting this chapter] may be cited as the ‘Indian Mineral Development Act of 1982’.”
25 U.S.C. § 2102 (INDIANS)
§ 2102. Minerals Agreements
(a) Authorization for tribes; approval by Secretary
Any Indian tribe, subject to the approval of the Secretary and any limitation or provision contained in its constitution or charter, may enter into any joint venture, operating, production sharing, service, managerial, lease or other agreement, or any amendment, supplement or other modification of such agreement (hereinafter referred to as a “Minerals Agreement”) providing for the exploration for, or extraction, processing, or other development of, oil, gas, uranium, coal, geothermal, or other energy or nonenergy mineral resources (hereinafter referred to as “mineral resources”) in which such Indian tribe owns a beneficial or restricted interest, or providing for the sale or other disposition of the production or products of such mineral resources.
(b) Inclusion of individual holdings; approval by parties and Secretary
Any Indian owning a beneficial or restricted interest in mineral resources may include such resources in a tribal Minerals Agreement subject to the concurrence of the parties and a finding by the Secretary that such participation is in the best interest of the Indian.
(Pub. L. 97–382, § 3, Dec. 22, 1982, 96 Stat. 1938.)
25 U.S.C. § 2104 (INDIANS)
§ 2104. Secretary’s review of prior Minerals Agreements
(a) Time; criteria; notice of modifications; time for compliance; effect of noncompliance
The Secretary shall review, within ninety days of December 22, 1982, any existing Minerals Agreement, which does not purport to be a lease, entered into by any Indian tribe and approved by the Secretary after January 1, 1975, but prior to December 22, 1982, to determine if such agreement complies with the purposes of this chapter. Such review shall be limited to the terms of the agreement and shall not address questions of the parties’ compliance therewith. The Secretary shall notify the affected tribe and other parties to the agreement of any modifications necessary to bring an agreement into compliance with the purposes of this chapter. The tribe and other parties to such agreement shall within ninety days after notice make such modifications. If such modifications are not made within ninety days, the provisions of this chapter may not be used as a defense in any proceeding challenging the validity of the agreement.
(b) Review before promulgation of regulations; not Federal action
The review required by subsection (a) of this section may be performed prior to the promulgation of regulations required under section 2107 of this title and shall not be considered a Federal action within the meaning of that term in section 4332(2)(C) of title 42.
(Pub. L. 97–382, § 5, Dec. 22, 1982, 96 Stat. 1939.)
25 U.S.C. § 2105 (INDIANS)
§ 2105. Effect of other provisions
Nothing in this chapter shall affect, nor shall any Minerals Agreement approved pursuant to this chapter be subject to or limited by, sections 396a to 396g of this title, or any other law authorizing the development or disposition of the mineral resources of an Indian or Indian tribe.
(Pub. L. 97–382, § 6, Dec. 22, 1982, 96 Stat. 1940.)
25 U.S.C. § 2106 (INDIANS)
§ 2106. Assistance to tribes or individuals during Minerals Agreement negotiations
In carrying out the obligations of the United States, the Secretary shall ensure that upon the request of an Indian tribe or individual Indian and to the extent of his available resources, such tribe or individual Indian shall have available advice, assistance, and information during the negotiation of a Minerals Agreement. The Secretary may fulfill this responsibility either directly through the use of Federal officials and resources or indirectly by providing financial assistance to the Indian tribe or individual Indian to secure independent assistance.
(Pub. L. 97–382, § 7, Dec. 22, 1982, 96 Stat. 1940.)