dreamproit/uscode huggingface dataset:
25 U.S.C. § 2716 (INDIANS)
§ 2716. Investigative powers
(a) Confidential information
Except as provided in subsection (b), the Commission shall preserve any and all information received pursuant to this chapter as confidential pursuant to the provisions of paragraphs (4) and (7) of section 552(b) of title 5.
(b) Provision to law enforcement officials
The Commission shall, when such information indicates a violation of Federal, State, or tribal statutes, ordinances, or resolutions, provide such information to the appropriate law enforcement officials.
(c) Attorney General
The Attorney General shall investigate activities associated with gaming authorized by this chapter which may be a violation of Federal law.
(Pub. L. 100–497, § 17, Oct. 17, 1988, 102 Stat. 2484.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, known as the Indian Gaming Regulatory Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
25 U.S.C. § 2718 (INDIANS)
§ 2718. Authorization of appropriations
(a) Subject to section 2717 of this title, there are authorized to be appropriated, for fiscal year 1998, and for each fiscal year thereafter, an amount equal to the amount of funds derived from the assessments authorized by section 2717(a) of this title.
(b) Notwithstanding section 2717 of this title, there are authorized to be appropriated to fund the operation of the Commission, $2,000,000 for fiscal year 1998, and $2,000,000 for each fiscal year thereafter. The amounts authorized to be appropriated in the preceding sentence shall be in addition to the amounts authorized to be appropriated under subsection (a).
(Pub. L. 100–497, § 19, Oct. 17, 1988, 102 Stat. 2485; Pub. L. 102–238, § 2(b), Dec. 17, 1991, 105 Stat. 1908; Pub. L. 105–83, title I, § 123(b), Nov. 14, 1997, 111 Stat. 1566; Pub. L. 105–119, title VI, § 627, Nov. 26, 1997, 111 Stat. 2522.)
heading: Amendments
text: 1997—Subsec. (a). Pub. L. 105–119 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Subject to the provisions of section 2717 of this title, there are hereby authorized to be appropriated for fiscal year 1998, and for each fiscal year thereafter, an amount equal to the amount of funds derived from the assessments authorized by section 2717(a) of this title for the fiscal year immediately preceding the fiscal year involved, for the operation of the Commission.”
Pub. L. 105–83, § 123(b)(1), substituted “for fiscal year 1998, and for each fiscal year thereafter, an amount equal to the amount of funds derived from the assessments authorized by section 2717(a) of this title for the fiscal year immediately preceding the fiscal year involved,” for “such sums as may be necessary”.
Subsec. (b). Pub. L. 105–83, § 123(b)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “Notwithstanding the provisions of section 2717 of this title, there are hereby authorized to be appropriated not to exceed $2,000,000 to fund the operation of the Commission for each of the fiscal years beginning October 1, 1988, and October 1, 1989. Notwithstanding the provisions of section 2717 of this title, there are authorized to be appropriated such sums as may be necessary to fund the operation of the Commission for each of the fiscal years beginning October 1, 1991, and October 1, 1992.”
1991—Subsec. (b). Pub. L. 102–238 inserted at end “Notwithstanding the provisions of section 2717 of this title, there are authorized to be appropriated such sums as may be necessary to fund the operation of the Commission for each of the fiscal years beginning October 1, 1991, and October 1, 1992.”
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) 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) 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) 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), 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.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, known as the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.
25 U.S.C. § 3105 (INDIANS)
§ 3105. Forest management deduction
(a) Withholding of deduction
Pursuant to the authority of section 413 of this title, the Secretary shall withhold a reasonable deduction from the gross proceeds of sales of forest products harvested from Indian forest land under a timber sale contract, permit, or other harvest sale document, which has been approved by the Secretary, to cover in whole or part the cost of managing and protecting such Indian forest land.
(b) Amount of deduction
Deductions made pursuant to subsection (a) shall not exceed the lesser amount of—
(1) 10 percent of gross proceeds, or
(2) the percentage of gross proceeds collected on November 28, 1990, as forest management deductions by the Secretary on such sales of Indian forest products,
unless the appropriate Indian tribe consents to an increase in the deductions.
(c) Use of deduction
The full amount of any deduction collected by the Secretary shall be expended according to an approved expenditure plan, approved by the Secretary and the appropriate Indian tribe, for the performance of forest land management activities on the reservation from which such deductions are collected and shall be made available to the tribe, upon its request, by contract or agreement for the performance of such activities.
(d) Limitations
(1) Forest management deductions withheld pursuant to this section shall not be available to—
(A) cover the costs that are paid from funds appropriated specifically for fire suppression or pest control, or
(B) otherwise offset Federal appropriations for meeting the Federal trust responsibility for management of Indian forest lands.
(2) No other forest management deductions derived from Indian forest lands shall be collected to be covered into the general funds of the United States Treasury.
(Pub. L. 101–630, title III, § 306, Nov. 28, 1990, 104 Stat. 4536.)
25 U.S.C. § 3106 (INDIANS)
§ 3106. Forest trespass
(a) Civil penalties; regulations
Not later than 18 months from November 28, 1990, the Secretary shall issue regulations that—
(1) establish civil penalties for the commission of forest trespass which provide for—
(A) collection of the value of the products illegally removed plus a penalty of double their value,
(B) collection of the costs associated with damage to the Indian forest land caused by the act of trespass, and
(C) collection of the costs associated with enforcement of the regulations, including field examination and survey, damage appraisal, investigation assistance and reports, witness expenses, demand letters, court costs, and attorney fees;
(2) designate responsibility with the Department of the Interior for the detection and investigation of forest trespass; and
(3) set forth responsibilities and procedures for the assessment and collection of civil penalties.
(b) Treatment of proceeds
The proceeds of civil penalties collected under this section shall be treated as proceeds from the sale of forest products from the Indian forest lands upon which such trespass occurred.
(c) Concurrent jurisdiction
Indian tribes which adopt the regulations promulgated by the Secretary pursuant to subsection (a) shall have concurrent civil jurisdiction to enforce the provisions of this section and the regulation promulgated thereunder. The Bureau of Indian Affairs and other agencies of the Federal Government shall, at the request of the tribe, defer to tribal prosecutions of forest trespass cases. Tribal court judgments regarding forest trespass shall be entitled to full faith and credit in Federal and State courts to the same extent as a Federal court judgment obtained under this section.
(Pub. L. 101–630, title III, § 307, Nov. 28, 1990, 104 Stat. 4537.)
25 U.S.C. § 3109 (INDIANS)
§ 3109. Indian forest land assistance account
(a) Establishment
At the request of an Indian tribe, the Secretary may establish a special Indian forest land assistance account within the tribe’s trust fund account to fund the Indian forest land management activities of such tribe.
(b) Deposits and expenditures
(1) The Secretary may deposit into the Indian forest land assistance account established pursuant to subsection (a) any funds received by the Secretary or in the Secretary’s possession from—
(A) non-Federal sources, if such funds are related to activities on or for the Indian forest lands of such tribe’s reservation,
(B) donations and contributions,
(C) unobligated forestry appropriations for the benefit of such Indian tribe, and
(D) user fees or other funds transferred under Federal interagency agreements if otherwise authorized by Federal law and, if such funds are related to activities on or for the Indian forest lands of such tribe’s reservation.
Funds deposited in such account shall be for the purpose of conducting forest land management activities on the Indian forest lands of such tribe.
(2) Funds in the Indian forest land assistance account and any interest or other income earned thereon shall remain available until expended and shall not be available to otherwise offset Federal appropriations for meeting the Federal responsibility for management of Indian forest lands.
(c) Audits
At the request of an Indian tribe or upon the Secretary’s own volition, the Secretary may conduct audits of the Indian forest land assistance account and shall publish the results of such audit.
(Pub. L. 101–630, title III, § 310, Nov. 28, 1990, 104 Stat. 4538.)
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).
(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) 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. § 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) 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. § 3207 (INDIANS)
§ 3207. Character investigations
(a) By Secretary of the Interior and Secretary of Health and Human Services
The Secretary and the Secretary of Health and Human Services shall—
(1) compile a list of all authorized positions within their respective departments the duties and responsibilities of which involve regular contact with, or control over, Indian children,
(2) conduct an investigation of the character of each individual who is employed, or is being considered for employment, by the respective Secretary in a position listed pursuant to paragraph (1), and
(3) prescribe by regulations minimum standards of character that each of such individuals must meet to be appointed to such positions.
(b) Criminal records
The minimum standards of character that are to be prescribed under this section shall ensure that none of the individuals appointed to positions described in subsection (a) have been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious offense, or any of two or more misdemeanor offenses, under Federal, State, or tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution; crimes against persons; or offenses committed against children.
(c) Investigations by Indian tribes and tribal organizations
Each Indian tribe or tribal organization that receives funds under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] or the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.] shall—
(1) conduct an investigation of the character of each individual who is employed, or is being considered for employment, by such tribe or tribal organization in a position that involves regular contact with, or control over, Indian children, and
(2) employ individuals in those positions only if the individuals meet standards of character, no less stringent than those prescribed under subsection (a), as the Indian tribe or tribal organization shall establish.
(Pub. L. 101–630, title IV, § 408, Nov. 28, 1990, 104 Stat. 4551; Pub. L. 106–568, title VIII, § 814, Dec. 27, 2000, 114 Stat. 2918.)
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c), 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.
The Tribally Controlled Schools Act of 1988, referred to in subsec. (c), is part B (§§ 5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, which is classified generally to chapter 27 (§ 2501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.
heading: Amendments
text: 2000—Subsec. (b). Pub. L. 106–568 substituted “any felonious offense, or any of two or more misdemeanor offenses,” for “any offense” and “crimes against persons; or offenses committed against children” for “or crimes against persons”.
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).
(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) shall not exceed $500,000.
(d) Grant administration and final report
Each recipient of a grant awarded under subsection (a) 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”.