dreamproit/uscode huggingface dataset:
25 U.S.C. § 1300m–6 (INDIANS)
§ 1300m–6. Tribal constitution
(a) Election; time and procedure
Upon the completion of the tribal membership roll under section 1300m–4(a) of this title and upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election for the purpose of adopting a constitution and bylaws for the Tribe. The election shall be held according to section 476 of this title, except that absentee balloting shall be permitted regardless of voter residence.
(b) Election of tribal officials; procedures
Not later than 120 days after the Tribe adopts a constitution and bylaws under subsection (a), the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in such tribal constitution. Such election shall be conducted according to the procedures specified in subsection (a) except to the extent that such procedures conflict with the tribal constitution.
(Pub. L. 103–454, title III, § 308, Nov. 2, 1994, 108 Stat. 4795.)
25 U.S.C. § 1300n–2 (INDIANS)
§ 1300n–2. Restoration of Federal recognition, rights, and privileges
(a) Federal recognition
Federal recognition is hereby restored to the Tribe. Except as otherwise provided in this subchapter, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this subchapter shall be applicable to the Tribe and its members.
(b) Restoration of rights and privileges
Except as provided in subsection (d), all rights and privileges of the Tribe and its members under any Federal treaty, Executive order, agreement, or statute, or under any other authority which were diminished or lost under the Act of August 18, 1958 (Public Law 85–671; 72 Stat. 619), are hereby restored, and the provisions of such Act shall be inapplicable to the Tribe and its members after December 27, 2000.
(c) Federal services and benefits
(1) In general
Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after December 27, 2000, for all Federal services and benefits furnished to federally recognized Indian tribes or their members. For the purposes of Federal services and benefits available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe’s service area shall be deemed to be residing on a reservation.
(2) Relation to other laws
The eligibility for or receipt of services and benefits under paragraph (1) by a tribe or individual shall not be considered as income, resources, or otherwise when determining the eligibility for or computation of any payment or other benefit to such tribe, individual, or household under—
(A) any financial aid program of the United States, including grants and contracts subject to the Indian Self-Determination Act [25 U.S.C. 450f et seq.]; or
(B) any other benefit to which such tribe, household, or individual would otherwise be entitled under any Federal or federally assisted program.
(d) Hunting, fishing, trapping, gathering, and water rights
Nothing in this subchapter shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and its members.
(e) Certain rights not altered
Except as specifically provided in this subchapter, nothing in this subchapter shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes levied.
(Pub. L. 106–568, title XIV, § 1404, Dec. 27, 2000, 114 Stat. 2939.)
heading: References in Text
text: The Act of August 18, 1958, referred to in subsec. (b), is Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code.
The Indian Self-Determination Act, referred to in subsec. (c)(2)(A), 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. § 1300n–4 (INDIANS)
§ 1300n–4. Membership rolls
(a) Compilation of tribal membership roll
Not later than 1 year after December 27, 2000, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe.
(b) Criteria for membership
(1) Until a tribal constitution is adopted under section 1300n–6 of this title, an individual shall be placed on the Graton membership roll if such individual is living, is not an enrolled member of another federally recognized Indian tribe, and if—
(A) such individual’s name was listed on the Graton Indian Rancheria distribution list compiled by the Bureau of Indian Affairs and approved by the Secretary on September 17, 1959, under Public Law 85–671;
(B) such individual was not listed on the Graton Indian Rancheria distribution list, but met the requirements that had to be met to be listed on the Graton Indian Rancheria distribution list;
(C) such individual is identified as an Indian from the Graton, Marshall, Bodega, Tomales, or Sebastopol, California, vicinities, in documents prepared by or at the direction of the Bureau of Indian Affairs, or in any other public or California mission records; or
(D) such individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A), (B), or (C).
(2) After adoption of a tribal constitution under section 1300n–6 of this title, such tribal constitution shall govern membership in the Tribe.
(c) Conclusive proof of Graton Indian ancestry
For the purpose of subsection (b), the Secretary shall accept any available evidence establishing Graton Indian ancestry. The Secretary shall accept as conclusive evidence of Graton Indian ancestry information contained in the census of the Indians from the Graton, Marshall, Bodega, Tomales, or Sebastopol, California, vicinities, prepared by or at the direction of Special Indian Agent John J. Terrell in any other roll or census of Graton Indians prepared by or at the direction of the Bureau of Indian Affairs and in the Graton Indian Rancheria distribution list compiled by the Bureau of Indian Affairs and approved by the Secretary on September 17, 1959.
(Pub. L. 106–568, title XIV, § 1406, Dec. 27, 2000, 114 Stat. 2940.)
heading: References in Text
text: Public Law 85–671, referred to in subsec. (b)(1)(A), is Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code.
25 U.S.C. § 1300n–6 (INDIANS)
§ 1300n–6. Tribal constitution
(a) Election; time; procedure
After the compilation of the tribal membership roll under section 1300n–4(a) of this title, upon the written request of the Interim Tribal Council, the Secretary shall conduct, by secret ballot, an election for the purpose of ratifying a final constitution for the Tribe. The election shall be held consistent with sections 476(c)(1) and 476(c)(2)(A) of this title. Absentee voting shall be permitted regardless of voter residence.
(b) Election of tribal officials; procedures
Not later than 120 days after the Tribe ratifies a final constitution under subsection (a), the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in such tribal constitution. Such election shall be conducted consistent with the procedures specified in subsection (a) except to the extent that such procedures conflict with the tribal constitution.
(Pub. L. 106–568, title XIV, § 1408, Dec. 27, 2000, 114 Stat. 2941.)
25 U.S.C. § 1341 (INDIANS)
§ 1341. Authorization of Secretary
(a) Revision of document on “Indian Affairs, Laws and Treaties” and treatise on “Federal Indian Laws”; compilation of official opinions; printing and republication
In order that the constitutional rights of Indians might be fully protected, the Secretary of the Interior is authorized and directed to—
(1) have the document entitled “Indian Affairs, Laws and Treaties” (Senate Document Numbered 319, volumes 1 and 2, Fifty-eighth Congress), revised and extended to include all treaties, laws, Executive orders, and regulations relating to Indian affairs in force on September 1, 1967, and to have such revised document printed at the Government Publishing Office;
(2) have revised and republished the treatise entitled “Federal Indian Law”; and
(3) have prepared, to the extent determined by the Secretary of the Interior to be feasible, an accurate compilation of the official opinions, published and unpublished, of the Solicitor of the Department of the Interior relating to Indian affairs rendered by the Solicitor prior to September 1, 1967, and to have such compilation printed as a Government publication at the Government Publishing Office.
(b) Current services
With respect to the document entitled “Indian Affairs, Laws and Treaties” as revised and extended in accordance with paragraph (1) of subsection (a), and the compilation prepared in accordance with paragraph (3) of such subsection, the Secretary of the Interior shall take such action as may be necessary to keep such document and compilation current on an annual basis.
(c) Authorization of appropriations
There is authorized to be appropriated for carrying out the provisions of this subchapter such sum as may be necessary.
(Pub. L. 90–284, title VII, § 701, Apr. 11, 1968, 82 Stat. 80; Pub. L. 93–265, Apr. 12, 1974, 88 Stat. 84; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
heading: Amendments
text: 1974—Subsec. (c). Pub. L. 93–265 struck out “, with respect to the preparation but not including printing,” before “such sum”.
heading: Change of Name
text: “Government Publishing Office” substituted for “Government Printing Office” in subsec. (a)(1), (3) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
25 U.S.C. § 1452 (INDIANS)
§ 1452. Definitions
For the purpose of this chapter, the term—
(a) “Secretary” means the Secretary of the Interior.
(b) “Indian” means any person who is a member of any Indian tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any “Native” as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].
(c) “Tribe” means any Indian tribe, band, group, pueblo, or community, including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs.
(d) “Reservation” includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].
(e) “Economic enterprise” means any Indian-owned (as defined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit: Provided, That such Indian ownership shall constitute not less than 51 per centum of the enterprise.
(f) “Organization”, unless otherwise specified, shall be the governing body of any Indian tribe, as defined in subsection (c), or entity established or recognized by such governing body for the purpose of this chapter.
(g) “Other organizations” means any non-Indian individual, firm, corporation, partnership, or association.
(h) “Surety” has the same meaning as in section 694a of title 15.
(i) “Surety Bond” means a bid bond, payment bond, or performance bond as those terms are defined in section 694a of title 15.
(Pub. L. 93–262, § 3, Apr. 12, 1974, 88 Stat. 77; Pub. L. 100–442, § 5(b), Sept. 22, 1988, 102 Stat. 1764.)
heading: References in Text
text: The Alaska Native Claims Settlement Act, referred to in pars. (b) to (d), 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: 1988—Pars. (h), (i). Pub. L. 100–442 added pars. (h) and (i).
25 U.S.C. § 1497a (INDIANS)
§ 1497a. Supplemental surety bond guarantee
(a) Amount; eligibility
The Secretary is authorized to provide a supplemental surety bond guarantee, not to exceed 20 percent of any loss, for any Indian individual or economic enterprise eligible for a surety guarantee under section 694b of title 15, so that the aggregate of the two guarantees is 100 percent.
(b) Conditions
The Secretary may provide a supplemental guarantee under this section only if the Secretary determines that—
(1) the Indian individual or economic enterprise has secured or will likely secure a surety bond guarantee under section 694b of title 15;
(2) the supplemental guarantee is necessary for the Indian individual or economic enterprise to secure a surety bond;
(3) no more than 25 percent of the surety’s business is comprised of bonds guaranteed pursuant to this section; and
(4) the surety will provide appropriate technical assistance and advice to, and monitor the performance of, the Indian individual or economic enterprise for the prevention or mitigation of a loss.
(c) Fees and charges
The rules and regulations promulgated by the Secretary to carry out this section shall include the setting of reasonable fees to be paid by the Indian individual or economic enterprise and reasonable premium charges to be paid by sureties. In setting fees and charges, the Secretary may take into consideration the cost to the surety of providing the services required by paragraph (4) of subsection (b). The receipts from the fees and charges shall be deposited in the Fund established by section 1497(a) of this title.
(Pub. L. 93–262, title II, § 218, as added Pub. L. 100–442, § 5(a), Sept. 22, 1988, 102 Stat. 1764.)
heading: Prior Provisions
text: A prior section 218 of Pub. L. 93–262 was renumbered section 219 by Pub. L. 100–442 and is classified to section 1498 of this title.
25 U.S.C. § 1616c (INDIANS)
§ 1616c. Tribal recruitment and retention program
(a) Projects funded on competitive basis
The Secretary, acting through the Service, shall fund, on a competitive basis, projects to enable Indian tribes and tribal and Indian organizations to recruit, place, and retain health professionals to meet the staffing needs of Indian health programs (as defined in section 1616a(a)(2) of this title).
(b) Eligibility
(1) Any Indian tribe or tribal or Indian organization may submit an application for funding of a project pursuant to this section.
(2) Indian tribes and tribal and Indian organizations under the authority of the Indian Self-Determination Act [25 U.S.C. 450f et seq.] shall be given an equal opportunity with programs that are administered directly by the Service to compete for, and receive, grants under subsection (a) for such projects.
(Pub. L. 94–437, title I, § 110, as added Pub. L. 100–713, title I, § 108, Nov. 23, 1988, 102 Stat. 4794; amended Pub. L. 102–573, title I, § 117(b)(4), Oct. 29, 1992, 106 Stat. 4544.)
heading: References in Text
text: The Indian Self-Determination Act, referred to in subsec. (b)(2), 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.
heading: Amendments
text: 1992—Subsec. (c). Pub. L. 102–573 struck out subsec. (c) which authorized appropriations for fiscal years 1990 to 1992.
25 U.S.C. § 1616e–1 (INDIANS)
§ 1616e–1. Nursing school clinics
(a) Grants
In addition to the authority of the Secretary under section 1616e(a)(1) of this title, the Secretary, acting through the Service, is authorized to provide grants to public or private schools of nursing for the purpose of establishing, developing, operating, and administering clinics to address the health care needs of Indians, and to provide primary health care services to Indians who reside on or within 50 miles of Indian country, as defined in section 1151 of title 18.
(b) Purposes
Grants provided under subsection (a) may be used to—
(1) establish clinics, to be run and staffed by the faculty and students of a grantee school, to provide primary care services in areas in or within 50 miles of Indian country (as defined in section 1151 of title 18);
(2) provide clinical training, program development, faculty enhancement, and student scholarships in a manner that would benefit such clinics; and
(3) carry out any other activities determined appropriate by the Secretary.
(c) Amount and conditions
The Secretary may award grants under this section in such amounts and subject to such conditions as the Secretary deems appropriate.
(d) Design
The clinics established under this section shall be designed to provide nursing students with a structured clinical experience that is similar in nature to that provided by residency training programs for physicians.
(e) Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section.
(f) Authorization to use amounts
Out of amounts appropriated to carry out this subchapter for each of the fiscal years 1993 through 2000 not more than $5,000,000 may be used to carry out this section.
(Pub. L. 94–437, title I, § 112A, as added Pub. L. 102–573, title I, § 104(f), Oct. 29, 1992, 106 Stat. 4534.)
25 U.S.C. § 1616f (INDIANS)
§ 1616f. Tribal culture and history
(a) Program established
The Secretary, acting through the Service, shall establish a program under which appropriate employees of the Service who serve particular Indian tribes shall receive educational instruction in the history and culture of such tribes and in the history of the Service.
(b) Tribally controlled institutions
To the extent feasible, the program established under subsection (a) shall—
(1) be carried out through tribally controlled colleges or universities (within the meaning of section 1801(a)(4) of this title) and tribally controlled postsecondary vocational institutions (as defined in section 2397h(2) 1 of title 20),
(2) be developed in consultation with the affected tribal government, and
(3) include instruction in Native American studies.
(Pub. L. 94–437, title I, § 113, as added Pub. L. 100–713, title I, § 109, Nov. 23, 1988, 102 Stat. 4796; amended Pub. L. 102–573, title I, §§ 114(b), 117(b)(5), Oct. 29, 1992, 106 Stat. 4543, 4544; Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 110–315, title IX, § 941(k)(2)(I)(i), Aug. 14, 2008, 122 Stat. 3467.)
heading: References in Text
text: Section 2397h of title 20, referred to in subsec. (b)(1), was omitted in the general amendment of chapter 44 (§ 2301 et seq.) of Title 20, Education, by Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3076.
heading: Amendments
text: 2008—Subsec. (b)(1). Pub. L. 110–315 substituted “tribally controlled colleges or universities (within the meaning of section 1801(a)(4) of this title)” for “tribally-controlled community colleges (within the meaning of section 1801(4) of this title)”.
1998—Subsec. (b)(1). Pub. L. 105–244 made technical amendment to reference in original act which appears in text as reference to section 1801(4) of this title.
1992—Subsec. (b)(1). Pub. L. 102–573, § 114(b), inserted before comma at end “and tribally controlled postsecondary vocational institutions (as defined in section 2397h(2) of title 20)”.
Subsec. (c). Pub. L. 102–573, § 117(b)(5), struck out subsec. (c) which authorized appropriations for fiscal years 1990 to 1992.
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.
25 U.S.C. § 1616g (INDIANS)
§ 1616g. INMED program
(a) Grants
The Secretary is authorized to provide grants to at least 3 colleges and universities for the purpose of maintaining and expanding the Native American health careers recruitment program known as the “Indians into Medicine Program” (hereinafter in this section referred to as “INMED”) as a means of encouraging Indians to enter the health professions.
(b) University of North Dakota
The Secretary shall provide one of the grants authorized under subsection (a) to maintain the INMED program at the University of North Dakota, to be known as the “Quentin N. Burdick Indian Health Programs”, unless the Secretary makes a determination, based upon program reviews, that the program is not meeting the purposes of this section. Such program shall, to the maximum extent feasible, coordinate with the Quentin N. Burdick American Indians Into Psychology Program established under section 1621p(b) of this title and the Quentin N. Burdick American Indians Into Nursing Program established under section 1616e(e) of this title.
(c) Regulations; contents of recruitment program
(1) The Secretary shall develop regulations for the competitive awarding of the grants provided under this section.
(2) Applicants for grants provided under this section shall agree to provide a program which—
(A) provides outreach and recruitment for health professions to Indian communities including elementary, secondary and community colleges located on Indian reservations which will be served by the program,
(B) incorporates a program advisory board comprised of representatives from the tribes and communities which will be served by the program,
(C) provides summer preparatory programs for Indian students who need enrichment in the subjects of math and science in order to pursue training in the health professions,
(D) provides tutoring, counseling and support to students who are enrolled in a health career program of study at the respective college or university, and
(E) to the maximum extent feasible, employs qualified Indians in the program.
(d) Report to Congress
By no later than the date that is 3 years after November 23, 1988, the Secretary shall submit a report to the Congress on the program established under this section including recommendations for expansion or changes to the program.
(Pub. L. 94–437, title I, § 114, as added Pub. L. 100–713, title I, § 109, Nov. 23, 1988, 102 Stat. 4796; amended Pub. L. 102–573, title I, §§ 109, 117(b)(6), Oct. 29, 1992, 106 Stat. 4538, 4544.)
heading: Amendments
text: 1992—Subsec. (b). Pub. L. 102–573, § 109, inserted “to be known as the ‘Quentin N. Burdick Indian Health Programs’,” after “North Dakota,” and “Such program shall, to the maximum extent feasible, coordinate with the Quentin N. Burdick American Indians Into Psychology Program established under section 1621p(b) of this title and the Quentin N. Burdick American Indians Into Nursing Program established under section 1616e(e) of this title.” at end.
Subsec. (e). Pub. L. 102–573, § 117(b)(6), struck out subsec. (e) which authorized appropriations for fiscal years 1990 to 1992.