dreamproit/uscode huggingface dataset:
25 U.S.C. § 3305 (INDIANS)
§ 3305. Allocation of grant funds
(a) Allocation of funds
(1) In general
The Secretary shall continue to determine the amount of program funds to be received by each grantee under this subchapter by the same method used for determining such distribution in fiscal year 1991 for tribally-administered and Bureau-administered programs of grants to individual Indians to defray postsecondary expenses.
(2) Administrative costs
In addition to the amount determined under paragraph (1), a grantee which has exercised the option given in section 3304(a) of this title to administer the program under a grant shall receive an amount for administrative costs determined pursuant to the method used by the grantee during the preceding contract period. All other grantees shall receive an amount for administrative costs determined pursuant to the regulations governing such determinations under the Indian Self Determination and Education Assistance Act [25 U.S.C. 450 et seq.], as in effect at the time of application to grants being made.
(3) Single grant; separate accounts
Each grantee shall receive only one grant during any fiscal year, which shall include both of the amounts under paragraphs (1) and (2). Each grantee shall maintain this grant in a separate account.
(b) Use of funds
Funds provided by grants under this subchapter shall be used—
(1) to make grants to individual Indian students to meet, on the basis of need, any educational expense of attendance in a postsecondary education program (as determined under the contracts applying to the postsecondary education program administered by tribes under the Indian Self Determination and Education Assistance Act (Public Law 93–638) [25 U.S.C. 450 et seq.]), to the extent that such expense is not met from other sources or cannot be defrayed through the action of any State, Federal, or municipal Act, except that nothing in this subsection shall be interpreted as requiring any priority in consideration of resources; and
(2) costs of administering the program under this subchapter, except that no more may be spent on administration of such program than is generated by the method for administrative cost computation specified in subsection (a)(2).
(Pub. L. 102–325, title XIII, § 1315, July 23, 1992, 106 Stat. 800.)
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (a)(2) and (b)(1), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables.
25 U.S.C. § 3325 (INDIANS)
§ 3325. General provisions
(a) Application of existing procedures
Except as provided in subsection (b), the requirements relating to student eligibility, needs analysis, and determination of eligibility for the program to be attended regularly incorporated by reference into contracts under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] for tribal operation of higher education grant programs prior to January 1, 1991, shall apply.
(b) Additional, excess, and incremental costs
The tribe or tribal organization may establish in writing, subject to the review of the Secretary, procedures for determining additional, excess, or inducement costs to be associated with grants for critical area service agreements.
(Pub. L. 102–325, title XIII, § 1325, July 23, 1992, 106 Stat. 805.)
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in subsec. (a), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables.
25 U.S.C. § 3408 (INDIANS)
§ 3408. Job creation activities authorized
(a) In general
The plan submitted by a tribal government may involve the expenditure of funds for the creation of employment opportunities and for the development of the economic resources of the tribal government or of individual Indian people if such expenditures are consistent with an overall regional economic activity which has a reasonable likelihood of success and consistent with the purposes specifically applicable to Indian programs in the statute under which the funds are authorized.
(b) Job creation opportunities
(1) In general
Notwithstanding any other provisions of law, including any requirement of a program that is integrated under a plan under this chapter, a tribal government may use a percentage of the funds made available under this chapter (as determined under paragraph (2)) for the creation of employment opportunities, including providing private sector training placement under section 3409 of this title.
(2) Determination of percentage
The percentage of funds that a tribal government may use under this subsection is the greater of—
(A) the rate of unemployment in the service area of the tribe up to a maximum of 25 percent; or
(B) 10 percent.
(c) Limitation
The funds used for an expenditure described in subsection (a) may only include funds made available to the Indian tribe by a Federal agency under a statutory or administrative formula.
(Pub. L. 102–477, § 9, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(e), Dec. 27, 2000, 114 Stat. 2932.)
heading: Amendments
text: 2000—Pub. L. 106–568 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
25 U.S.C. § 3611 (INDIANS)
§ 3611. Office of Tribal Justice Support
(a) Establishment
There is hereby established within the Bureau the Office of Tribal Justice Support. The purpose of the Office shall be to further the development, operation, and enhancement of tribal justice systems and Courts of Indian Offenses.
(b) Transfer of existing functions and personnel
All functions performed before December 3, 1993, by the Branch of Judicial Services of the Bureau and all personnel assigned to such Branch as of December 3, 1993, are hereby transferred to the Office of Tribal Justice Support. Any reference in any law, regulation, executive order, reorganization plan, or delegation of authority to the Branch of Judicial Services is deemed to be a reference to the Office of Tribal Justice Support.
(c) Functions
In addition to the functions transferred to the Office pursuant to subsection (b), the Office shall perform the following functions:
(1) Provide funds to Indian tribes and tribal organizations for the development, enhancement, and continuing operation of tribal justice systems.
(2) Provide technical assistance and training, including programs of continuing education and training for personnel of Courts of Indian Offenses.
(3) Study and conduct research concerning the operation of tribal justice systems.
(4) Promote cooperation and coordination among tribal justice systems and the Federal and State judiciary systems.
(5) Oversee the continuing operations of the Courts of Indian Offenses.
(6) Provide funds to Indian tribes and tribal organizations for the continuation and enhancement of traditional tribal judicial practices.
(d) No imposition of standards
Nothing in this chapter shall be deemed or construed to authorize the Office to impose justice standards on Indian tribes.
(e) Assistance to tribes
(1) The Office shall provide technical assistance and training to any Indian tribe or tribal organization upon request. Technical assistance and training shall include (but not be limited to) assistance for the development of—
(A) tribal codes and rules of procedure;
(B) tribal court administrative procedures and court records management systems;
(C) methods of reducing case delays;
(D) methods of alternative dispute resolution;
(E) tribal standards for judicial administration and conduct; and
(F) long-range plans for the enhancement of tribal justice systems.
(2) Technical assistance and training provided pursuant to paragraph (1) may be provided through direct services, by contract with independent entities, or through grants to Indian tribes or tribal organizations.
(f) Information clearinghouse on tribal justice systems
The Office shall maintain an information clearinghouse (which shall include an electronic data base) on tribal justice systems and Courts of Indian Offenses, including (but not limited to) information on staffing, funding, model tribal codes, tribal justice activities, and tribal judicial decisions. The Office shall take such actions as may be necessary to ensure the confidentiality of records and other matters involving privacy rights.
(Pub. L. 103–176, title I, § 101, Dec. 3, 1993, 107 Stat. 2005.)
25 U.S.C. § 3621 (INDIANS)
§ 3621. Tribal justice systems
(a) Office
There is authorized to be appropriated to carry out sections 3611 and 3612 of this title, $7,000,000 for each of fiscal years 2011 through 2015. None of the funds provided under this subsection may be used for the administrative expenses of the Office.
(b) Base support funding for tribal justice systems
There is authorized to be appropriated to carry out section 3613 of this title, $50,000,000 for each of fiscal years 2011 through 2015.
(c) Administrative expenses for Office
There is authorized to be appropriated, for the administrative expenses of the Office, $500,000 for each of fiscal years 2011 through 2015.
(d) Administrative expenses for tribal judicial conferences
There is authorized to be appropriated, for the administrative expenses of tribal judicial conferences, $500,000 for each of fiscal years 2011 through 2015.
(e) Survey
For carrying out the survey under section 3612 of this title, there is authorized to be appropriated, in addition to the amount authorized under subsection (a) of this section, $400,000.
(f) Indian priority system
Funds appropriated pursuant to the authorizations provided by this section and available for a tribal justice system shall not be subject to the Indian priority system. Nothing in this chapter shall preclude a tribal government from supplementing any funds received under this chapter with funds received from any other source including the Bureau or any other Federal agency.
(g) Allocation of funds
In allocating funds appropriated pursuant to the authorization contained in subsection (a) among the Bureau, Office, tribal governments and Courts of Indian Offenses, the Secretary shall take such actions as may be necessary to ensure that such allocation is carried out in a manner that is fair and equitable to all tribal governments and is proportionate to base support funding under section 3613 of this title received by the Bureau, Office, tribal governments, and Courts of Indian Offenses.
(h) No offset
No Federal agency shall offset funds made available pursuant to this chapter for tribal justice systems against other funds otherwise available for use in connection with tribal justice systems.
(Pub. L. 103–176, title II, § 201, Dec. 3, 1993, 107 Stat. 2009; Pub. L. 106–559, title II, § 202, Dec. 21, 2000, 114 Stat. 2782; Pub. L. 111–211, title II, § 242(a)(2), July 29, 2010, 124 Stat. 2292.)
heading: Amendments
text: 2010—Subsec. (a). Pub. L. 111–211, § 242(a)(2)(A), substituted “sections 3611 and 3612 of this title” for “the provisions of sections 3611 and 3612 of this title” and “fiscal years 2011 through 2015” for “the fiscal years 2000 through 2007”.
Subsec. (b). Pub. L. 111–211, § 242(a)(2)(B), substituted “section 3613 of this title” for “the provisions of section 3613 of this title” and “fiscal years 2011 through 2015” for “the fiscal years 2000 through 2007”.
Subsecs. (c), (d). Pub. L. 111–211, § 242(a)(2)(C), (D), substituted “fiscal years 2011 through 2015” for “the fiscal years 2000 through 2007”.
2000—Subsecs. (a) to (d). Pub. L. 106–559 substituted “2000 through 2007” for “1994, 1995, 1996, 1997, 1998, 1999, and 2000”.
25 U.S.C. § 3713 (INDIANS)
§ 3713. Indian agricultural lands trespass
(a) Civil penalties; regulations
Not later than one year after December 3, 1993, the Secretary shall issue regulations that—
(1) establish civil penalties for the commission of trespass on Indian agricultural lands, which provide for—
(A) collection of the value of the products illegally used or removed plus a penalty of double their values;
(B) collection of the costs associated with damage to the Indian agricultural lands 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 within the Department of the Interior for the detection and investigation of Indian agricultural lands 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 agricultural products from the Indian agricultural 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 jurisdiction with the United States to enforce the provisions of this section and the regulations promulgated thereunder. The Bureau and other agencies of the Federal Government shall, at the request of the tribal government, defer to tribal prosecutions of Indian agricultural land trespass cases. Tribal court judgments regarding agricultural 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. Nothing in this chapter shall be construed to diminish the sovereign authority of Indian tribes with respect to trespass.
(Pub. L. 103–177, title I, § 103, Dec. 3, 1993, 107 Stat. 2015.)
25 U.S.C. § 3745 (INDIANS)
§ 3745. Authorization of appropriations
(a) General authorization
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this chapter.
(b) Funding source
The activities required under subchapter II may only be funded from appropriations made pursuant to this chapter. To the greatest extent possible, such activities shall be coordinated with activities funded from other sources.
(Pub. L. 103–177, title III, § 305, Dec. 3, 1993, 107 Stat. 2023.)
25 U.S.C. § 3903 (INDIANS)
§ 3903. Inventory of open dumps
(a) Study and inventory
Not later than 12 months after October 22, 1994, the Director shall conduct a study and inventory of open dumps on Indian lands and Alaska Native lands. The inventory shall list the geographic location of all open dumps, an evaluation of the contents of each dump, and an assessment of the relative severity of the threat to public health and the environment posed by each dump. Such assessment shall be carried out cooperatively with the Administrator of the Environmental Protection Agency. The Director shall obtain the concurrence of the Administrator in the determination of relative severity made by any such assessment.
(b) Annual reports
Upon completion of the study and inventory under subsection (a), the Director shall report to the Congress, and update such report annually—
(1) the current priority of Indian and Alaska Native solid waste deficiencies,
(2) the methodology of determining the priority listing,
(3) the level of funding needed to effectively close or bring into compliance all open dumps on Indian lands or Alaska Native lands, and
(4) the progress made in addressing Indian and Alaska Native solid waste deficiencies.
(c) 10-year plan
The Director shall develop and begin implementation of a 10-year plan to address solid waste disposal needs on Indian lands and Alaska Native lands. This 10-year plan shall identify—
(1) the level of funding needed to effectively close or bring into compliance with applicable Federal standards any open dumps located on Indian lands and Alaska Native lands; and
(2) the level of funding needed to develop comprehensive solid waste management plans for every Indian tribal government and Alaska Native entity.
(Pub. L. 103–399, § 4, Oct. 22, 1994, 108 Stat. 4166.)
25 U.S.C. § 3904 (INDIANS)
§ 3904. Authority of Director of Indian Health Service
(a) Reservation inventory
(1) Upon request by an Indian tribal government or Alaska Native entity, the Director shall—
(A) conduct an inventory and evaluation of the contents of open dumps on the Indian lands or Alaska Native lands which are subject to the authority of the Indian tribal government or Alaska Native entity;
(B) determine the relative severity of the threat to public health and the environment posed by each dump based on information available to the Director and the Indian tribal government or Alaska Native entity unless the Director, in consultation with the Indian tribal government or Alaska Native entity, determines that additional actions such as soil testing or water monitoring would be appropriate in the circumstances; and
(C) develop cost estimates for the closure and postclosure maintenance of such dumps.
(2) The inventory and evaluation authorized under paragraph (1)(A) shall be carried out cooperatively with the Administrator of the Environmental Protection Agency. The Director shall obtain the concurrence of the Administrator in the determination of relative severity made under paragraph (1)(B).
(b) Assistance
Upon completion of the activities required to be performed pursuant to subsection (a), the Director shall, subject to subsection (c), provide financial and technical assistance to the Indian tribal government or Alaska Native entity to carry out the activities necessary to—
(1) close such dumps; and
(2) provide for postclosure maintenance of such dumps.
(c) Conditions
All assistance provided pursuant to subsection (b) shall be made available on a site-specific basis in accordance with priorities developed by the Director. Priorities on specific Indian lands or Alaska Native lands shall be developed in consultation with the Indian tribal government or Alaska Native entity. The priorities shall take into account the relative severity of the threat to public health and the environment posed by each open dump and the availability of funds necessary for closure and postclosure maintenance.
(Pub. L. 103–399, § 5, Oct. 22, 1994, 108 Stat. 4166.)
25 U.S.C. § 4011 (INDIANS)
§ 4011. Responsibility of Secretary to account for daily and annual balances of Indian trust funds
(a) Requirement to account
The Secretary shall account for the daily and annual balance of all funds held in trust by the United States for the benefit of an Indian tribe or an individual Indian which are deposited or invested pursuant to section 162a of this title.
(b) Periodic statement of performance
Not later than 20 business days after the close of a calendar quarter, the Secretary shall provide a statement of performance to each Indian tribe and individual with respect to whom funds are deposited or invested pursuant to section 162a of this title. The statement, for the period concerned, shall identify—
(1) the source, type, and status of the funds;
(2) the beginning balance;
(3) the gains and losses;
(4) receipts and disbursements; and
(5) the ending balance.
(c) Annual audit
The Secretary shall cause to be conducted an annual audit on a fiscal year basis of all funds held in trust by the United States for the benefit of an Indian tribe or an individual Indian which are deposited or invested pursuant to section 162a of this title, and shall include a letter relating to the audit in the first statement of performance provided under subsection (b) after the completion of the audit.
(Pub. L. 103–412, title I, § 102, Oct. 25, 1994, 108 Stat. 4240.)
heading: Performance and Account Statements for Inactive Accounts
text: Provisions stating that the Secretary was not required to provide a quarterly statement of performance for any Indian trust account that had not had activity for at least 18 months and had a balance of $1.00 or less but was required to issue an annual account statement and maintain a record of any such accounts and to permit the balance in each such account to be withdrawn upon the express written request of the account holder, were contained in Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 519, and were repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriations acts:
Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. 3061.
Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1263.
Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 236.
Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 435.
Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 939.
Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–153.
Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–251.
25 U.S.C. § 4104 (INDIANS)
§ 4104. Waiver of matching funds requirements in Indian housing programs
(a) Authorization of waiver
For any housing program that provides assistance through any Indian housing authority, the Secretary of Housing and Urban Development may provide assistance under such program in any fiscal year notwithstanding any other provision of law that requires the Indian housing authority to provide amounts to match or supplement the amounts provided under such program, if the Indian housing authority has not received amounts for such fiscal year under title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.].
(b) Extent of waiver
The authority under subsection (a) to provide assistance notwithstanding requirements regarding matching or supplemental amounts shall be effective only to the extent provided by the Secretary, which shall not extend beyond the fiscal year in which the waiver is made or beyond the receipt of any amounts by an Indian housing authority under title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.].
(c) Definition of housing program
For purposes of this section, the term “housing program” means a program under the administration of the Secretary of Housing and Urban Development or the Secretary of Agriculture (through the Administrator of the Farmers Home Administration) that provides assistance in the form of contracts, grants, loans, cooperative agreements, or any other form of assistance (including the insurance or guarantee of a loan, mortgage, or pool of mortgages) for housing.
(Pub. L. 101–625, title IX, § 959, Nov. 28, 1990, 104 Stat. 4423.)
heading: References in Text
text: The Housing and Community Development Act of 1974, referred to in subsecs. (a) and (b), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, as amended. Title I of the Act is classified principally to chapter 69 (§ 5301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables.
heading: Codification
text: Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Native American Housing Assistance and Self-Determination Act of 1996 which comprises this chapter.
Section was formerly classified to section 1437ff of Title 42, The Public Health and Welfare.