dreamproit/uscode huggingface dataset:
25 U.S.C. § 2806 (INDIANS)
§ 2806. Jurisdiction
(a) Investigative jurisdiction over offenses against criminal laws
The Secretary shall have investigative jurisdiction over offenses against criminal laws of the United States in Indian country subject to an agreement between the Secretary and the Attorney General of the United States.
(b) Exercise of investigative authority
In exercising the investigative authority conferred by this section, the employees of the Bureau shall cooperate with the law enforcement agency having primary investigative jurisdiction over the offense committed.
(c) Law enforcement commission or other delegation of prior authority not invalidated or diminished
This chapter does not invalidate or diminish any law enforcement commission or other delegation of authority issued under the authority of the Secretary before August 18, 1990.
(d) Authorities in addition to prior authority; civil or criminal jurisdiction, law enforcement, investigative, or judicial authority, of United States, Indian tribes, States, etc., unaffected
The authority provided by this chapter is in addition to, and not in derogation of, any authority that existed before August 18, 1990. The provisions of this chapter alter neither the civil or criminal jurisdiction of the United States, Indian tribes, States, or other political subdivisions or agencies, nor the law enforcement, investigative, or judicial authority of any Indian tribe, State, or political subdivision or agency thereof, or of any department, agency, court, or official of the United States other than the Secretary.
(Pub. L. 101–379, § 7, Aug. 18, 1990, 104 Stat. 476.)
25 U.S.C. § 2807 (INDIANS)
§ 2807. Uniform allowance
Notwithstanding the limitation in section 5901(a) of title 5, the Secretary may provide a uniform allowance for uniformed law enforcement officers under section 2803 of this title of not more than $400 a year.
(Pub. L. 101–379, § 8, Aug. 18, 1990, 104 Stat. 477.)
25 U.S.C. § 2811 (INDIANS)
§ 2811. Native American Issues Coordinator
(a) Establishment
There is established in the Executive Office for United States Attorneys of the Department of Justice a position to be known as the “Native American Issues Coordinator”.
(b) Duties
The Native American Issues Coordinator shall—
(1) coordinate with the United States Attorneys that have authority to prosecute crimes in Indian country;
(2) coordinate prosecutions of crimes of national significance in Indian country, as determined by the Attorney General;
(3) coordinate as necessary with other components of the Department of Justice and any relevant advisory groups to the Attorney General or the Deputy Attorney General; and
(4) carry out such other duties as the Attorney General may prescribe.
(Pub. L. 101–379, § 14, as added Pub. L. 111–211, title II, § 214(b), July 29, 2010, 124 Stat. 2271.)
25 U.S.C. § 2813 (INDIANS)
§ 2813. Testimony by Federal employees
(a) Approval of employee testimony or documents
(1) In general
The Director of the Office of Justice Services or the Director of the Indian Health Service, as appropriate (referred to in this section as the “Director concerned”), shall approve or disapprove, in writing, any request or subpoena from a tribal or State court for a law enforcement officer, sexual assault nurse examiner, or other employee under the supervision of the Director concerned to provide documents or testimony in a deposition, trial, or other similar criminal proceeding regarding information obtained in carrying out the official duties of the employee.
(2) Deadline
The court issuing a subpoena under paragraph (1) shall provide to the appropriate Federal employee (or agency in the case of a document request) notice regarding the request to provide testimony (or release a document) by not less than 30 days before the date on which the testimony will be provided.
(b) Approval
(1) In general
The Director concerned shall approve a request or subpoena under subsection (a) if the request or subpoena does not violate the policy of the Department to maintain impartiality.
(2) Failure to approve
If the Director concerned fails to approve or disapprove a request or subpoena for testimony or release of a document by the date that is 30 days after the date of receipt of notice of the request or subpoena, the request or subpoena shall be considered to be approved for purposes of this section.
(Pub. L. 101–379, § 16, as added Pub. L. 111–211, title II, § 263, July 29, 2010, 124 Stat. 2300.)
25 U.S.C. § 2814 (INDIANS)
§ 2814. Policies and protocol
The Director of the Indian Health Service, in coordination with the Director of the Office of Justice Services and the Director of the Office on Violence Against Women of the Department of Justice, in consultation with Indian Tribes and Tribal Organizations, and in conference with Urban Indian Organizations, shall develop standardized sexual assault policies and protocol for the facilities of the Service, based on similar protocol that has been established by the Department of Justice.
(Pub. L. 101–379, § 17, as added Pub. L. 111–211, title II, § 265, July 29, 2010, 124 Stat. 2300.)
25 U.S.C. § 2815 (INDIANS)
§ 2815. State, tribal, and local law enforcement cooperation
The Attorney General may provide technical and other assistance to State, tribal, and local governments that enter into cooperative agreements, including agreements relating to mutual aid, hot pursuit of suspects, and cross-deputization for the purposes of—
(1) improving law enforcement effectiveness;
(2) reducing crime in Indian country and nearby communities; and
(3) developing successful cooperative relationships that effectively combat crime in Indian country and nearby communities.
(Pub. L. 111–211, title II, § 222, July 29, 2010, 124 Stat. 2272.)
heading: Codification
text: Section was enacted as part of the Tribal Law and Order Act of 2010, and not as part of the Indian Law Enforcement Reform Act which comprises this chapter.
heading: Definitions
text: For definitions of terms used in this section, see section 203(a) of Pub. L. 111–211, set out as a note under section 2801 of this title.
25 U.S.C. § 2901 (INDIANS)
§ 2901. Findings
The Congress finds that—
(1) the status of the cultures and languages of Native Americans is unique and the United States has the responsibility to act together with Native Americans to ensure the survival of these unique cultures and languages;
(2) special status is accorded Native Americans in the United States, a status that recognizes distinct cultural and political rights, including the right to continue separate identities;
(3) the traditional languages of Native Americans are an integral part of their cultures and identities and form the basic medium for the transmission, and thus survival, of Native American cultures, literatures, histories, religions, political institutions, and values;
(4) there is a widespread practice of treating Native Americans 1 languages as if they were anachronisms;
(5) there is a lack of clear, comprehensive, and consistent Federal policy on treatment of Native American languages which has often resulted in acts of suppression and extermination of Native American languages and cultures;
(6) there is convincing evidence that student achievement and performance, community and school pride, and educational opportunity is clearly and directly tied to respect for, and support of, the first language of the child or student;
(7) it is clearly in the interests of the United States, individual States, and territories to encourage the full academic and human potential achievements of all students and citizens and to take steps to realize these ends;
(8) acts of suppression and extermination directed against Native American languages and cultures are in conflict with the United States policy of self-determination for Native Americans;
(9) languages are the means of communication for the full range of human experiences and are critical to the survival of cultural and political integrity of any people; and
(10) language provides a direct and powerful means of promoting international communication by people who share languages.
(Pub. L. 101–477, title I, § 102, Oct. 30, 1990, 104 Stat. 1153.)
heading: Short Title
text: Pub. L. 101–477, title I, § 101, Oct. 30, 1990, 104 Stat. 1153, provided that: “This title [enacting this chapter] may be cited as the ‘Native American Languages Act’.”
25 U.S.C. § 2902 (INDIANS)
§ 2902. Definitions
For purposes of this chapter—
(1) The term “Native American” means an Indian, Native Hawaiian, or Native American Pacific Islander.
(2) The term “Indian” has the meaning given to such term under section 7491(3) of title 20.
(3) The term “Native Hawaiian” has the meaning given to such term by section 7517 of title 20.
(4) The term “Native American Pacific Islander” means any descendent of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.
(5) The terms “Indian tribe” and “tribal organization” have the respective meaning given to each of such terms under section 450b of this title.
(6) The term “Native American language” means the historical, traditional languages spoken by Native Americans.
(7) The term “traditional leaders” includes Native Americans who have special expertise in Native American culture and Native American languages.
(8) The term “Indian reservation” has the same meaning given to the term “reservation” under section 1452 of this title.
(Pub. L. 101–477, title I, § 103, Oct. 30, 1990, 104 Stat. 1154; Pub. L. 104–109, § 11, Feb. 12, 1996, 110 Stat. 765; Pub. L. 107–110, title VII, § 702(f), Jan. 8, 2002, 115 Stat. 1947.)
heading: Amendments
text: 2002—Par. (2). Pub. L. 107–110, § 702(f)(1), substituted “section 7491(3) of title 20” for “section 7881(4) of title 20”.
Par. (3). Pub. L. 107–110, § 702(f)(2), substituted “section 7517 of title 20” for “section 7912(1) of title 20”.
1996—Par. (2). Pub. L. 104–109, § 11(1), substituted “section 7881(4) of title 20” for “section 2651(4) of this title”.
Par. (3). Pub. L. 104–109, § 11(2), substituted “section 7912(1) of title 20” for “section 4909 of title 20”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
25 U.S.C. § 2903 (INDIANS)
§ 2903. Declaration of policy
It is the policy of the United States to—
(1) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages;
(2) allow exceptions to teacher certification requirements for Federal programs, and programs funded in whole or in part by the Federal Government, for instruction in Native American languages when such teacher certification requirements hinder the employment of qualified teachers who teach in Native American languages, and to encourage State and territorial governments to make similar exceptions;
(3) encourage and support the use of Native American languages as a medium of instruction in order to encourage and support—
(A) Native American language survival,
(B) educational opportunity,
(C) increased student success and performance,
(D) increased student awareness and knowledge of their culture and history, and
(E) increased student and community pride;
(4) encourage State and local education programs to work with Native American parents, educators, Indian tribes, and other Native American governing bodies in the implementation of programs to put this policy into effect;
(5) recognize the right of Indian tribes and other Native American governing bodies to use the Native American languages as a medium of instruction in all schools funded by the Secretary of the Interior;
(6) fully recognize the inherent right of Indian tribes and other Native American governing bodies, States, territories, and possessions of the United States to take action on, and give official status to, their Native American languages for the purpose of conducting their own business;
(7) support the granting of comparable proficiency achieved through course work in a Native American language the same academic credit as comparable proficiency achieved through course work in a foreign language, with recognition of such Native American language proficiency by institutions of higher education as fulfilling foreign language entrance or degree requirements; and
(8) encourage all institutions of elementary, secondary and higher education, where appropriate, to include Native American languages in the curriculum in the same manner as foreign languages and to grant proficiency in Native American languages the same full academic credit as proficiency in foreign languages.
(Pub. L. 101–477, title I, § 104, Oct. 30, 1990, 104 Stat. 1155.)
25 U.S.C. § 2905 (INDIANS)
§ 2905. Evaluations
(a) The President shall direct the heads of the various Federal departments, agencies, and instrumentalities to—
(1) evaluate their policies and procedures in consultation with Indian tribes and other Native American governing bodies as well as traditional leaders and educators in order to determine and implement changes needed to bring the policies and procedures into compliance with the provisions of this chapter;
(2) give the greatest effect possible in making such evaluations, absent a clear specific Federal statutory requirement to the contrary, to the policies and procedures which will give the broadest effect to the provisions of this chapter; and
(3) evaluate the laws which they administer and make recommendations to the President on amendments needed to bring such laws into compliance with the provisions of this chapter.
(b) By no later than the date that is 1 year after October 30, 1990, the President shall submit to the Congress a report containing recommendations for amendments to Federal laws that are needed to bring such laws into compliance with the provisions of this chapter.
(Pub. L. 101–477, title I, § 106, Oct. 30, 1990, 104 Stat. 1156.)
25 U.S.C. § 3004 (INDIANS)
§ 3004. Summary for unassociated funerary objects, sacred objects, and cultural patrimony
(a) In general
Each Federal agency or museum which has possession or control over holdings or collections of Native American unassociated funerary objects, sacred objects, or objects of cultural patrimony shall provide a written summary of such objects based upon available information held by such agency or museum. The summary shall describe the scope of the collection, kinds of objects included, reference to geographical location, means and period of acquisition and cultural affiliation, where readily ascertainable.
(b) Requirements
(1) The summary required under subsection (a) of this section shall be—
(A) in lieu of an object-by-object inventory;
(B) followed by consultation with tribal government and Native Hawaiian organization officials and traditional religious leaders; and
(C) completed by not later than the date that is 3 years after November 16, 1990.
(2) Upon request, Indian Tribes 1 and Native Hawaiian organizations shall have access to records, catalogues, relevant studies or other pertinent data for the limited purposes of determining the geographic origin, cultural affiliation, and basic facts surrounding acquisition and accession of Native American objects subject to this section. Such information shall be provided in a reasonable manner to be agreed upon by all parties.
(Pub. L. 101–601, § 6, Nov. 16, 1990, 104 Stat. 3053.)
25 U.S.C. § 3007 (INDIANS)
§ 3007. Penalty
(a) Penalty
Any museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the Secretary of the Interior pursuant to procedures established by the Secretary through regulation. A penalty assessed under this subsection shall be determined on the record after opportunity for an agency hearing. Each violation under this subsection shall be a separate offense.
(b) Amount of penalty
The amount of a penalty assessed under subsection (a) of this section shall be determined under regulations promulgated pursuant to this chapter, taking into account, in addition to other factors—
(1) the archaeological, historical, or commercial value of the item involved;
(2) the damages suffered, both economic and noneconomic, by an aggrieved party,1 and
(3) the number of violations that have occurred.
(c) Actions to recover penalties
If any museum fails to pay an assessment of a civil penalty pursuant to a final order of the Secretary that has been issued under subsection (a) of this section and not appealed or after a final judgment has been rendered on appeal of such order, the Attorney General may institute a civil action in an appropriate district court of the United States to collect the penalty. In such action, the validity and amount of such penalty shall not be subject to review.
(d) Subpoenas
In hearings held pursuant to subsection (a) of this section, subpoenas may be issued for the attendance and testimony of witnesses and the production of relevant papers, books, and documents. Witnesses so summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.
(Pub. L. 101–601, § 9, Nov. 16, 1990, 104 Stat. 3057.)
25 U.S.C. § 3008 (INDIANS)
§ 3008. Grants
(a) Indian tribes and Native Hawaiian organizations
The Secretary is authorized to make grants to Indian tribes and Native Hawaiian organizations for the purpose of assisting such tribes and organizations in the repatriation of Native American cultural items.
(b) Museums
The Secretary is authorized to make grants to museums for the purpose of assisting the museums in conducting the inventories and identification required under sections 3003 and 3004 of this title.
(Pub. L. 101–601, § 10, Nov. 16, 1990, 104 Stat. 3057.)
25 U.S.C. § 3009 (INDIANS)
§ 3009. Savings provision
Nothing in this chapter shall be construed to—
(1) limit the authority of any Federal agency or museum to—
(A) return or repatriate Native American cultural items to Indian tribes, Native Hawaiian organizations, or individuals, and
(B) enter into any other agreement with the consent of the culturally affiliated tribe or organization as to the disposition of, or control over, items covered by this chapter;
(2) delay actions on repatriation requests that are pending on November 16, 1990;
(3) deny or otherwise affect access to any court;
(4) limit any procedural or substantive right which may otherwise be secured to individuals or Indian tribes or Native Hawaiian organizations; or
(5) limit the application of any State or Federal law pertaining to theft or stolen property.
(Pub. L. 101–601, § 11, Nov. 16, 1990, 104 Stat. 3057.)
25 U.S.C. § 3010 (INDIANS)
§ 3010. Special relationship between Federal Government and Indian tribes and Native Hawaiian organizations
This chapter reflects the unique relationship between the Federal Government and Indian tribes and Native Hawaiian organizations and should not be construed to establish a precedent with respect to any other individual, organization or foreign government.
(Pub. L. 101–601, § 12, Nov. 16, 1990, 104 Stat. 3058.)
25 U.S.C. § 3013 (INDIANS)
§ 3013. Enforcement
The United States district courts shall have jurisdiction over any action brought by any person alleging a violation of this chapter and shall have the authority to issue such orders as may be necessary to enforce the provisions of this chapter.
(Pub. L. 101–601, § 15, Nov. 16, 1990, 104 Stat. 3058.)
25 U.S.C. § 3051 (INDIANS)
§ 3051. Purposes
The purposes of this chapter are—
(1) to authorize the reburial of human remains and cultural items on National Forest System land, including human remains and cultural items repatriated under the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);
(2) to prevent the unauthorized disclosure of information regarding reburial sites, including the quantity and identity of human remains and cultural items on sites and the location of sites;
(3) to authorize the Secretary of Agriculture to ensure access to National Forest System land, to the maximum extent practicable, by Indians and Indian tribes for traditional and cultural purposes;
(4) to authorize the Secretary to provide forest products, without consideration, to Indian tribes for traditional and cultural purposes;
(5) to authorize the Secretary to protect the confidentiality of certain information, including information that is culturally sensitive to Indian tribes;
(6) to increase the availability of Forest Service programs and resources to Indian tribes in support of the policy of the United States to promote tribal sovereignty and self-determination; and
(7) to strengthen support for the policy of the United States of protecting and preserving the traditional, cultural, and ceremonial rites and practices of Indian tribes, in accordance with Public Law 95–341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. 1996).
(Pub. L. 110–234, title VIII, § 8101, May 22, 2008, 122 Stat. 1286; Pub. L. 110–246, § 4(a), title VIII, § 8101, June 18, 2008, 122 Stat. 1664, 2048.)
heading: References in Text
text: The Native American Graves Protection and Repatriation Act, referred to in par. (1), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.
The American Indian Religious Freedom Act, referred to in par. (7), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to sections 1996 and 1996a 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 1996 of Title 42 and Tables.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Effective Date
text: Enactment of this chapter and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.