dreamproit/uscode huggingface dataset:
25 U.S.C. § 458ddd–1 (INDIANS)
§ 458ddd–1. Administrative services and support
(a) Provision of support by Secretary
Subject to subsection (b), during the 5-year period beginning on the date that the Foundation is established, the Secretary—
(1) may provide personnel, facilities, and other administrative support services to the Foundation;
(2) may provide funds to reimburse the travel expenses of the members of the Board under section 458ddd of this title; and
(3) shall require and accept reimbursements from the Foundation for any—
(A) services provided under paragraph (1); and
(B) funds provided under paragraph (2).
(b) Reimbursements
Reimbursements accepted under subsection (a)(3) shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing services described in subsection (a)(1) and the travel expenses described in subsection (a)(2).
(c) Continuation of certain services
Notwithstanding any other provision of this section, the Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection (a), on a space available, reimbursable cost basis.
(Pub. L. 93–638, title VIII, § 802, formerly title V, § 502, as added Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2938; renumbered title VIII, § 802, and amended Pub. L. 111–211, title II, § 231(d), July 29, 2010, 124 Stat. 2278.)
heading: Amendments
text: 2010—Subsec. (a)(2). Pub. L. 111–211, § 231(d)(3), substituted “section 458ddd” for “section 458bbb”.
25 U.S.C. § 493 (INDIANS)
§ 493. Reduction of unpaid principal
(a) In general
The Secretary of Agriculture may, on the application of the borrower of a loan or loans made under sections 488 to 494 of this title, reduce the unpaid principal balance of such loan or loans to the current fair market value of the land purchased with the proceeds of the loan or loans if—
(1) the fair market value of the land has declined by at least 25 percent since such land was purchased by the borrower;
(2) the land has been held by the borrower for a period of at least 5 years; and
(3) the Secretary of the Interior finds that the borrower has insufficient income to both repay the loan or loans and provide normal tribal governmental services.
(b) Fair market value
(1) Appraisal
Current fair market value under subsection (a) shall be determined through an appraisal by an independent qualified fee appraiser, selected by mutual agreement between the borrower and the Secretary of Agriculture.
(2) Costs
The cost of appraisals undertaken under paragraph (1) shall be paid by the borrower.
(c) Appeals
Decisions of the Secretary of Agriculture under this section shall be appealable in accordance with the provisions of section 333B 1 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b).
(d) Future applications
A borrower that had a loan or loans reduced under this section shall not submit an application for another reduction on such loan or loans for a period of 5 years after the initial reduction.
(Pub. L. 91–229, § 6, as added Pub. L. 101–82, title III, § 303, Aug. 14, 1989, 103 Stat. 583.)
heading: References in Text
text: Section 333B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b), referred to in subsec. (c), was repealed by Pub. L. 103–354, title II, § 281(c), Oct. 13, 1994, 108 Stat. 3233.
heading: Codification
text: Another section 6 of Pub. L. 91–229 was added by Pub. L. 101–624, title XVIII, § 1854(b), Nov. 28, 1990, 104 Stat. 3837, and is classified to section 494 of this title.
25 U.S.C. § 566f (INDIANS)
§ 566f. Economic development
(a) Plan for economic self-sufficiency
The Secretary shall—
(1)
(A) enter into negotiations with the Executive Committee of the General Council with respect to establishing a plan for economic development for the tribe; and
(B) in accordance with this section and not later than two years after August 27, 1986, develop such a plan.
(2) Upon the approval of such plan by the General Council (and after consultation with the State and local officials pursuant to subsection (b)), the Secretary shall submit such plan to the Congress.
(b) Consultation with State and local officials required
To assure that legitimate State and local interests are not prejudiced by the proposed economic self-sufficiency plan, the Secretary shall notify and consult with the appropriate officials of the State and all appropriate local governmental officials in the State. The Secretary shall provide complete information on the proposed plan to such officials, including the restrictions on such proposed plan imposed by subsection (c). During any consultation by the Secretary under this subsection, the Secretary shall provide such information as the Secretary may possess, and shall request comments and additional information on the extent of any State or local service to the tribe.
(c) Restrictions to be contained in plan
Any plan developed by the Secretary under subsection (a) shall provide that—
(1) any real property transferred by the tribe or any member to the Secretary shall be taken and held in the name of the United States for the benefit of the tribe;
(2) any real property taken in trust by the Secretary pursuant to such plan shall be subject to—
(A) all legal rights and interests in such land existing at the time of the acquisition of such land by the Secretary, including any lien, mortgage, or previously levied and outstanding State or local tax; and
(B) foreclosure or sale in accordance with the laws of the State pursuant to the terms of any valid obligation in existence at the time of the acquisition of such land by the Secretary; and
(3) any real property transferred pursuant to such plan shall be exempt from Federal, State, and local taxation of any kind.
(d) Appendix to plan submitted to Congress
The Secretary shall append to the plan submitted to the Congress under subsection (a) a detailed statement—
(1) naming each individual and official consulted in accordance with subsection (b);
(2) summarizing the testimony received by the Secretary pursuant to any such consultation; and
(3) including any written comments or reports submitted to the Secretary by any party named in paragraph (1).
(Pub. L. 99–398, § 8, Aug. 27, 1986, 100 Stat. 850.)
25 U.S.C. § 574a (INDIANS)
§ 574a. Acquisition of lands on Wind River Reservation
(a) Authority to hold lands in trust for individual tribe
The Secretary of the Interior is hereby authorized to acquire individually in the name of the United States in trust for the benefit of the Eastern Shoshone Tribe of the Wind River Reservation or the Northern Arapaho Tribe of the Wind River Reservation, as appropriate, lands or other rights when the individual assets of only one of the tribes is used to acquire such lands or other rights.
(b) Lands remain part of joint Reservation subject to exclusive tribal control
Any lands acquired under subsection (a) within the exterior boundaries of the Wind River Reservation shall remain a part of the Reservation and subject to the joint tribal laws of the Reservation, except that the lands so acquired shall be subject to the exclusive use and control of the tribe for which such lands were acquired.
(c) Income
The income from lands acquired under subsection (a) shall be credited to the tribe for which such lands were acquired.
(d) Savings provision
Nothing in this section shall be construed to prevent the joint acquisition of lands for the benefit of the Eastern Shoshone Tribe of the Wind River Reservation and the Northern Arapaho Tribe of the Wind River Reservation.
(Pub. L. 103–435, § 15, Nov. 2, 1994, 108 Stat. 4573.)
25 U.S.C. § 607 (INDIANS)
§ 607. Divestment of inheritance of non-members
(a) Procedure
A person who is not an enrolled member of the Yakima Tribes with one-fourth degree or more blood of such tribes shall not be entitled to receive by devise or inheritance any interest in trust or restricted land within the Yakima Reservation or within the area ceded by the Treaty of June 9, 1855 (12 Stat. 1951), if, while the decedent’s estate is pending before the Examiner of Inheritance, the Yakima Tribes pay to the Secretary of the Interior, on behalf of such person, the fair market value of such interest as determined by the Secretary of the Interior after appraisal. The interest for which payment is made shall be held by the Secretary in Trust for the Yakima Tribes.
(b) Time of election
On request of the Yakima Tribes the Examiner of Inheritance shall keep an estate pending for not less than two years from the date of decedent’s death.
(c) Interest of surviving spouse
When a person who is prohibited by subsection (a) from acquiring any interest by devise or inheritance is a surviving spouse of the decedent, a life estate in one-half of the interest acquired by the Yakima Tribes shall, on the request of such spouse, be reserved for that spouse and the value of such life estate so reserved shall be reflected in the Secretary’s appraisal under subsection (a).
(Aug. 9, 1946, ch. 933, § 7, 60 Stat. 969; Pub. L. 91–627, § 1, Dec. 31, 1970, 84 Stat. 1874.)
heading: Amendments
text: 1970—Pub. L. 91–627 designated existing provisions as subsec. (a), substituted provisions authorizing the Yakima Tribes to pay to Secretary of the Interior the fair market value, as determined by the Secretary after appraisal, of any interest in trust or restricted land within the specified areas which a person not an enrolled member of the Yakima Tribes with one-fourth degree or more blood of such tribes was to receive by devise or inheritance, for provisions limiting the inheritance of trust land on the Yakima Reservation to enrolled members of the Yakima Tribes of one-fourth or more blood of such tribes and to surviving spouses who are enrolled members but possess less than one-fourth degree of Yakima blood, with such surviving spouses authorized to inherit a life estate in not more than one-half the property, and added subsecs. (b) and (c).
heading: Effective Date of 1970 Amendment
text: Pub. L. 91–627, § 2, Dec. 31, 1970, 84 Stat. 1874, provided that: “The provisions of section 7 of the Act of August 9, 1946, as amended by this Act [this section], shall apply to all estates pending before the Examiner of Inheritance on the date of this Act [Dec. 31, 1970], and to all future estates, but shall not apply to any estate heretofore closed.”
25 U.S.C. § 640d–2 (INDIANS)
§ 640d–2. Implementation of agreements
(a) Full agreement
If, within one hundred and eighty days after the first session scheduled by the Mediator under section 640d–1(c) of this title, full agreement is reached, such agreement shall be put in such form as the Mediator determines best expresses the intent of the tribes and shall then be submitted to the Secretary and the Attorney General of the United States for their comments as they relate to the interest of the United States in the proceedings. These comments are to be submitted to the Mediator and the negotiating teams within thirty days. The negotiating teams and the Mediator shall then consider the comments and, if agreement can still be reached on terms acceptable to the negotiating teams and the Mediator within sixty days of receipt by him of the comments, the agreement shall be put in final written form and shall be signed by the members of the negotiating teams and the Mediator. The Mediator shall then cause the agreement to be entered into the records of the supplemental proceedings in the Healing case. The provisions of the agreement shall be reviewed by the District Court, modified where necessary, and put into effect immediately thereafter.
(b) Partial agreement
If, within the one hundred and eighty day period referred to in subsection (a) of this section, a partial agreement has been reached between the tribes and they wish such partial agreement to go into effect, they shall follow the procedure set forth in said subsection (a). The partial agreement shall then be considered by the Mediator in preparing his report, and the District Court in making a final adjudication, pursuant to section 640d–3 of this title.
(c) Consistency with existing law
For the purpose of this section, the negotiating teams may make any provision in the agreement or partial agreement not inconsistent with existing law. No such agreement or any provision in it shall result in a taking by the United States of private property compensable under the Fifth Amendment of the Constitution of the United States.
(Pub. L. 93–531, § 3, Dec. 22, 1974, 88 Stat. 1713.)
25 U.S.C. § 640d–12 (INDIANS)
§ 640d–12. Report concerning relocation of households and members of each tribe
(a) By no later than the date that is 6 months after the date on which the first Commissioner is confirmed by the Senate, the Commissioner shall prepare and submit to the Congress a report concerning the relocation of households and members thereof of each tribe and their personal property, including livestock, from lands partitioned to the other tribe pursuant to this subchapter.
(b) The report required under subsection (a) shall contain, among other matters, the following:
(1) the names of all members of the Navajo Tribe who reside within the areas partitioned to the Hopi Tribe and the names of all members of the Hopi Tribe who reside within the areas partitioned to the Navajo Tribe;
(2) the names of all other members of the Navajo Tribe, and other members of the Hopi Tribe, who are eligible for benefits provided under this subchapter and who have not received all the benefits for which such members are eligible under this subchapter; and
(3) the fair market value of the habitations and improvements owned by the heads of households identified by the Commissioner is 1 being among the persons named in clause (1) of this subsection.
(Pub. L. 93–531, § 13, Dec. 22, 1974, 88 Stat. 1717; Pub. L. 96–305, § 6, July 8, 1980, 94 Stat. 932; Pub. L. 100–666, § 4(d), Nov. 16, 1988, 102 Stat. 3931; Pub. L. 101–121, title I, § 120, Oct. 23, 1989, 103 Stat. 722.)
heading: Amendments
text: 1989—Subsec. (b)(4). Pub. L. 101–121 struck out cl. (4) which required a report on how funds in the Navajo Rehabilitation Trust Funds would be expended to carry out the purposes described in section 640d–30(d) of this title.
1988—Pub. L. 100–666 amended section generally, substituting subsecs. (a) and (b) for former subsecs. (a) to (c).
1980—Subsec. (c)(5). Pub. L. 96–305 substituted “ninety” for “thirty”.
25 U.S.C. § 640d–25 (INDIANS)
§ 640d–25. Discretionary fund to expedite relocation efforts
(a) Authorization of appropriations
To facilitate and expedite the relocation efforts of the Commissioner, there is hereby authorized to be appropriated annually, effective in fiscal year 1981, not to exceed $6,000,000 as a discretionary fund.
(b) Authorized uses
Funds appropriated under the authority of subsection (a) may be used by the Commissioner for grants, contracts, or expenditures which significantly assist the Commissioner or assist the Navajo Tribe or Hopi Tribe in meeting the burdens imposed by this subchapter.
(c) Funding and construction of Hopi high school and medical center
The Secretary of the Interior and the Secretary of Health and Human Services, as appropriate, shall assign the highest priority, in the next fiscal year after July 8, 1980, to the funding and construction of the Hopi high school and Hopi medical center consistent with any plans already completed and approved by appropriate agencies of the respective departments.
(Pub. L. 93–531, § 27, as added Pub. L. 96–305, § 11, July 8, 1980, 94 Stat. 933; amended Pub. L. 100–666, §§ 3, 4(b), Nov. 16, 1988, 102 Stat. 3929, 3930.)
heading: Amendments
text: 1988—Subsec. (a). Pub. L. 100–666, § 4(b), substituted “Commissioner” for “Commission”.
Subsec. (b). Pub. L. 100–666, § 3, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Such funds may only be used by the Commission to—
“(1) match or pay not to exceed 30 per centum of any grant, contract, or other expenditure of the Federal Government, State or local government, tribal government or chapter, or private organization for the benefit of the Navajo or Hopi Tribe, if such grant, contract, or expenditure would significantly assist the Commission in carrying out its responsibilities or assist either tribe in meeting the burdens imposed by this subchapter;
“(2) engage or participate, either directly or by contract, in demonstration efforts to employ innovative energy or other technologies in providing housing and related facilities and services in the relocation and resettlement of individuals under this subchapter.
Not to exceed 5 per centum of such funds may be used for the administrative expenses of the Commission in carrying out this section.”
25 U.S.C. § 640d–29 (INDIANS)
§ 640d–29. Restrictions on lobbying; exception
(a) Except as provided in subsection (b), no person or entity who has entered into a contract with the Commissioner to provide services under this subchapter may engage in activities designed to influence Federal legislation on any issue relating to the relocation required under this subchapter.
(b) Subsection (a) shall not apply to the Navajo Tribe or the Hopi Tribe, except that such tribes shall not spend any funds received from the Office in any activities designed to influence Federal legislation.
(Pub. L. 93–531, § 31, as added Pub. L. 100–666, § 5, Nov. 16, 1988, 102 Stat. 3931.)
25 U.S.C. § 661 (INDIANS)
§ 661. Equal share distribution of undistributed balance of 1945 appropriation
(a) Persons covered; amounts
The Secretary shall distribute to each person whose name appears on the roll prepared pursuant to section 659 of this title regardless of group affiliation an equal share of the undistributed balance of the moneys appropriated in satisfaction of the judgment of the Court of Claims in the case of The Indians of California against United States (102 Court of Claims 837; 59 Stat. 94), plus the interest earned thereon, including the reimbursed moneys and unexpended balances of the funds established by the Acts of July 1, 1946 (60 Stat. 348), August 4, 1955 (69 Stat. 460), and July 14, 1960 (74 Stat. 512), minus a proper share of the costs of roll preparation and such amounts as may be necessary to effect the distribution.
(b) Credit to judgment account
The Secretary of the Treasury is authorized and directed to credit to the judgment account referred to in subsection (a), for distribution as a part of such account, the sum of $83,275, plus interest at 4 per centum per annum from December 4, 1944, which sum represents the value of sixty-six thousand six hundred and twenty acres of land erroneously used as an offset against said judgment.
(Pub. L. 90–507, § 3, Sept. 21, 1968, 82 Stat. 860; Pub. L. 91–64, Aug. 25, 1969, 83 Stat. 105.)
heading: References in Text
text: The moneys appropriated in satisfaction of the judgment of the Court of Claims in the case of The Indians of California against United States (102 Court of Claims 837; 59 Stat. 94), referred to in subsec. (a), are the moneys appropriated by act Apr. 25, 1945, ch. 95, 59 Stat. 77, known as the First Deficiency Appropriations Act, 1945. That portion of the act which appropriated the moneys referred to was not classified to the Code.
The Court of Claims, referred to in text, and the Court of Customs and Patent Appeals were merged effective Oct. 1, 1982, into a new United States Court of Appeals for the Federal Circuit by Pub. L. 97–164, Apr. 2, 1982, 96 Stat. 25, which also created a United States Claims Court [now United States Court of Federal Claims] that inherited the trial jurisdiction of the Court of Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial Procedure.
Acts of July 1, 1946, August 4, 1955, and July 14, 1960, referred to in subsec. (a), are, respectively, act July 1, 1946, ch. 529, 60 Stat. 348, known as the Interior Department Appropriation Act, 1947, act Aug. 4, 1955, ch. 541, 69 Stat. 450, known as the Supplemental Appropriation Act, 1956, and act July 14, 1960, Pub. L. 86–651, 74 Stat. 509, known as the Supplemental Appropriation Act, 1961. Those portions of the acts which appropriated the funds referred to were not classified to the Code.
heading: Codification
text: Section was not enacted as part of act May 18, 1928, ch. 624, 45 Stat. 602, which comprises this subchapter.
heading: Amendments
text: 1969—Pub. L. 91–64 designated existing provisions as subsec. (a) and added subsec. (b).
25 U.S.C. § 677o (INDIANS)
§ 677o. Termination of restrictions on individually owned property of the mixed-blood group
(a) Transfer of control of trust property; removal of sales restrictions
When any mixed-blood member of the tribe has received his distributive share of the tribal assets distributed to the mixed-blood group under the provisions of section 677i of this title, whether such distribution is made in part or in whole to a corporation, partnership, or trusteeship in which he is interested, or otherwise, the Secretary is authorized and directed to immediately transfer to him unrestricted control of all other property held in trust for such mixed-blood member by the United States, and shall further remove all restrictions on the sale or encumbrance of trust or restricted property owned by such member of the tribe, and Federal supervision of such member and his property shall thereby be terminated, except as to his remaining interest in tribal property in the form of any unadjudicated or unliquidated claims against the United States, all gas, oil, and mineral rights of every kind, and all other tribal assets not susceptible to equitable and practicable distribution, all of which shall remain subject to the terms of this subchapter, notwithstanding anything contained herein to the contrary.
(b) Partition or sale by Secretary prior to removal of restrictions
Prior to the removal of restrictions in accordance with the provisions of subsection (a) hereof on land owned by more than one person, the Secretary may—
(1) upon request of any of the owners, partition the land and issue to each owner an unrestricted patent or deed for his individual share, unless such owner is a full-blood member of the tribe or other Indian who owns trust or restricted property, in which event a trust patent or restricted deed shall be issued and such trust may be terminated or such restrictions may be removed when the Secretary determines that the need therefor no longer exists;
(2) upon request of any of the owners and a finding by the Secretary that partition of all or any part of the land is not practicable, cause all or any part of the land to be sold at not less than the appraised value thereof and distribute the proceeds of sale to the owners: Provided, That before a sale any one or more of the owners may elect to purchase the other interests in the land, or the tribe may elect to purchase the entire interest in the land, at not less than the appraised value thereof.
(Aug. 27, 1954, ch. 1009, § 16, 68 Stat. 876.)
heading: References in Text
text: Herein, referred to in subsec. (a), means act Aug. 27, 1954, ch. 1009, 68 Stat. 868, which comprises this subchapter. For complete classification of this Act to the Code, see Tables.