dreamproit/uscode huggingface dataset:
25 U.S.C. § 1774b (INDIANS)
§ 1774b. New leases and extinguishment of claims
(a) New leases
If the Seneca Nation offers new leases in accordance with the Agreement, this subchapter shall apply with respect to the Seneca Nation. The Seneca Nation shall supply copies of such leases to the Secretary and shall certify in writing that it has supplied the Secretary with copies of written offers to all lessees entitled to an offer.
(b) Extinguishment of claims
The Seneca Nation shall execute appropriate documents relinquishing all claims against the United States, the State, the city, the congressional villages, and all prior lessees for payment of annual rents prior to February 20, 1991, with respect to all prior and existing leases.
(c) Effective date of leases and relinquishments
(1) The relinquishment of claims against the United States shall be effective upon payment by the United States to the Seneca Nation of the funds provided in section 1774d of this title.
(2) The offers, and any acceptances thereof, referred to in subsection (a), and the relinquishment of claims against the State, the city, the congressional villages, and all prior lessees for payment of annual rents referred to in subsection (b) shall not be binding on the Seneca Nation until after the later of the dates on which (1) Congress, or (2) the legislature of the State appropriates the amount of funds set forth in section 1774d of this title or the Seneca Nation and the State agree upon a schedule and mechanism for payments for funds pursuant to section 1774d(c) of this title. Such agreement shall render the offers, acceptances and the relinquishment effective so long as the payments are made as agreed upon by the Seneca Nation and the State.
(Pub. L. 101–503, § 4, Nov. 3, 1990, 104 Stat. 1294.)
25 U.S.C. § 1774f (INDIANS)
§ 1774f. Miscellaneous provisions
(a) Liens and forfeitures, etc.
Subject to subsection (b), the provisions of section 1407 of this title shall apply to any payment of funds authorized to be appropriated under this subchapter and made to individual members of the Seneca Nation. None of the payments, funds, or distributions authorized, established, or directed by this subchapter, and none of the income derived therefrom, which may be received under this subchapter by the Seneca Nation or individual members of the Seneca Nation, shall be subject to levy, execution, forfeiture, garnishment, lien, encumbrance, seizure, or State or local taxation.
(b) Eligibility for Government programs
None of the payments, funds or distributions authorized, established, or directed by this subchapter, and none of the income derived therefrom, shall affect the eligibility of the Seneca Nation or its members for, or be used as a basis for denying or reducing funds under, any Federal program.
(c) Land acquisition
Land within its aboriginal area in the State or situated within or near proximity to former reservation land may be acquired by the Seneca Nation with funds appropriated pursuant to this subchapter. State and local governments shall have a period of 30 days after notification by the Secretary or the Seneca Nation of acquisition of, or intent to acquire such lands to comment on the impact of the removal of such lands from real property tax rolls of State political subdivisions. Unless the Secretary determines within 30 days after the comment period that such lands should not be subject to the provisions of section 2116 of the Revised Statutes (25 U.S.C. 177), such lands shall be subject to the provisions of that Act 1 and shall be held in restricted fee status by the Seneca Nation. Based on the proximity of the land acquired to the Seneca Nation’s reservations, land acquired may become a part of and expand the boundaries of the Allegany Reservation, the Cattaraugus Reservation, or the Oil Spring Reservation in accordance with the procedures established by the Secretary for this purpose.
(Pub. L. 101–503, § 8, Nov. 3, 1990, 104 Stat. 1296.)
25 U.S.C. § 1775 (INDIANS)
§ 1775. Findings and purposes
(a) Findings
Congress finds the following:
(1) The Mohegan Tribe of Indians of Connecticut received recognition by the United States pursuant to the administrative process under part 83 of title 25 of the Code of Federal Regulations.
(2) The Mohegan Tribe of Indians of Connecticut is the successor in interest to the aboriginal entity known as the Mohegan Indian Tribe.
(3) The Mohegan Tribe has existed in the geographic area that is currently the State of Connecticut for a long period preceding the colonial period of the history of the United States.
(4) Certain lands were sequestered as tribal lands by the Colony of Connecticut and subsequently by the State of Connecticut.
(5) The Mohegan Tribe of Indians of Connecticut v. State of Connecticut, et al. (Civil Action No. H–77–434, pending before the United States District Court for the Southern District of Connecticut) relates to the ownership of certain lands within the State of Connecticut.
(6) Such action will likely result in economic hardships for residents of the State of Connecticut, including residents of the town of Montville, Connecticut, by encumbering the title to lands in the State, including lands that are not currently the subject of the action.
(7) The State of Connecticut and the Mohegan Tribe have executed agreements for the purposes of resolving all disputes between the State of Connecticut and the Mohegan Tribe and providing a settlement for the action referred to in paragraph (5).
(8) In order to implement the agreements referred to in paragraphs (5) and (6) of section 1775a of this title that address matters of jurisdiction with respect to certain offenses committed by and against members of the Mohegan Tribe and other Indians in Indian country and matters of gaming-related development, it is necessary for the Congress to enact legislation.
(9) The town of Montville, Connecticut, will—
(A) be affected by the loss of a tax base from, and jurisdiction over, lands that will be held in trust by the United States on behalf of the Mohegan Tribe; and
(B) serve as the host community for the gaming operations of the Mohegan Tribe.
(10) The town of Montville and the Mohegan Tribe have entered into an agreement to resolve issues extant between them and to establish the basis for a cooperative government-to-government relationship.
(b) Purposes
The purposes of this subchapter are as follows:
(1) To facilitate the settlement of claims against the State of Connecticut by the Mohegan Tribe.
(2) To facilitate the removal of any encumbrance to any title to land in the State of Connecticut that would have resulted from the action referred to in subsection (a).
(Pub. L. 103–377, § 2, Oct. 19, 1994, 108 Stat. 3501.)
heading: Short Title
text: Pub. L. 103–377, § 1, Oct. 19, 1994, 108 Stat. 3501, provided that: “This Act [enacting this subchapter] may be cited as the ‘Mohegan Nation of Connecticut Land Claims Settlement Act of 1994’.”
25 U.S.C. § 1775d (INDIANS)
§ 1775d. Consent of United States to State assumption of criminal jurisdiction
(a) In general
Subject to subsection (b), the consent of the United States is hereby given to the assumption of jurisdiction by the State of Connecticut over criminal offenses committed by or against Indians on the reservation of the Mohegan Tribe. The State shall have such jurisdiction to the same extent as the State has jurisdiction over such offenses committed elsewhere within the State. The criminal laws of the State shall have the same force within such reservation and Indian country as such laws have elsewhere within the State.
(b) Statutory construction
(1) Effect on concurrent jurisdiction of the Mohegan Tribe
The assumption of criminal jurisdiction by the State pursuant to subsection (a) shall not affect the concurrent jurisdiction of the Mohegan Tribe over matters concerning such criminal offenses.
(2) Statutory construction
The assumption of criminal jurisdiction by the State pursuant to subsection (a) shall not be construed as a waiver of the jurisdiction of the United States under section 1153 of title 18.
(Pub. L. 103–377, § 6, Oct. 19, 1994, 108 Stat. 3505.)
25 U.S.C. § 1775g (INDIANS)
§ 1775g. Effect of revocation of State Agreement
(a) In general
If, during the 15-year period beginning on the date on which the Secretary publishes a determination pursuant to section 1775b(b) of this title, the State Agreement is invalidated by a court of competent jurisdiction, or if the gaming compact described in section 1775b(a)(1) of this title or any agreement between the State of Connecticut and the Mohegan Tribe to implement the compact is invalidated by a court of competent jurisdiction—
(1) the transfers, waivers, releases, relinquishments, and other commitments made by the Mohegan Tribe under section 1(a) of the State Agreement shall cease to be of any force or effect;
(2) section 1775b of this title shall not apply to the lands or interests in lands or natural resources of the Mohegan Tribe or any of its members, and the title to the lands or interests in lands or natural resources shall be determined as if such section were never enacted; and
(3) the approval by the United States of prior transfers and the extinguishment of claims and aboriginal title of the Mohegan Tribe otherwise made under section 1775b of this title shall be void.
(b) Right of Mohegan Tribe to reinstate claim
(1) In general
If a State Agreement or compact or agreement described in subsection (a) is invalidated by a court of competent jurisdiction, the Mohegan Tribe or its members shall have the right to reinstate a claim to lands or interests in lands or natural resources to which the Tribe or members are entitled as a result of the invalidation, within a reasonable time, but not later than the later of—
(A) 180 days after the Mohegan Tribe receives written notice of such determination of an invalidation described in subsection (a); or
(B) if the determination of the invalidation is subject to an appeal, 180 days after the court of last resort enters a judgment.
(2) Defenses
Notwithstanding any other provision of law, if a party to an action described in paragraph (1) reinstates the action during the period described in paragraph (1)(B)—
(A) no defense, such as laches, statute of limitations, law of the case, res judicata, or prior disposition may be asserted based on the withdrawal of the action and reinstatement of the action; and
(B) the substance of any discussions leading to the State Agreement may not be admissible in any subsequent litigation, except that, if any such action is reinstated, any defense that would have been available to the State of Connecticut at the time the action was withdrawn—
(i) may be asserted; and
(ii) is not waived by anything in the State Agreement or by subsequent events occurring between the withdrawal action and commencement of the reinstated action.
(Pub. L. 103–377, § 9, Oct. 19, 1994, 108 Stat. 3506.)
25 U.S.C. § 1775h (INDIANS)
§ 1775h. Judicial review
(a) Jurisdiction
Notwithstanding any other provision of law, during the period beginning on October 19, 1994, and ending on the date that is 180 days after October 19, 1994, the United States District Court for the Southern District of Connecticut shall have exclusive jurisdiction over any action to contest the constitutionality of this subchapter or the validity of any agreement entered into under the authority of this subchapter or approved by this subchapter.
(b) Deadline for filing
Effective with the termination of the period specified in subsection (a), no court shall have jurisdiction over any action to contest the constitutionality of this subchapter or the validity of any agreement entered into under the authority of this subchapter or approved by this subchapter, unless such action was filed prior to the date of termination of the period specified in subsection (a).
(Pub. L. 103–377, § 10, Oct. 19, 1994, 108 Stat. 3507.)
25 U.S.C. § 1776 (INDIANS)
§ 1776. Findings and purpose
(a) Findings
Congress finds the following:
(1) Under the treaty between the United States of America and the Crow Tribe of Indians concluded May 7, 1868 (commonly known as the “Fort Laramie Treaty of 1868”; 15 Stat. 649), the eastern boundary of the Crow Indian Reservation was established as the 107th meridian for approximately 90 miles from the Yellowstone River to the boundary between Montana and Wyoming.
(2) Under Executive orders issued in 1884 and 1900, the western boundary of the Northern Cheyenne Reservation was established as the 107th meridian. The 107th meridian was intended to be the common boundary between the Crow Reservation and Northern Cheyenne Reservation for approximately 25 miles.
(3) From 1889 through 1891, a survey was conducted of the eastern boundary of the Crow Reservation. The 1891 survey line strayed to the west, and resulted in the exclusion from the Crow Indian Reservation of a strip of land of approximately 36,164 acres. Approximately 12,964 acres of such strip of land were included in the Northern Cheyenne Reservation. Deposits of low sulphur coal underlie the land excluded from the Crow Indian Reservation, including the land included in the Northern Cheyenne Indian Reservation.
(4)
(A) The erroneous nature of the survey was not discovered for several decades. Meanwhile, the areas along the 107th meridian to the north and south of the Northern Cheyenne Indian Reservation were opened to settlement in the late nineteenth century and early part of the twentieth century. Patents were issued to non-Indian persons and to the State of Montana for most of the surface land and a significant portion of the minerals in these areas between the 107th meridian and the 1891 survey line.
(B) The 12,964 acres included in the Northern Cheyenne Reservation have been treated as part of the Northern Cheyenne Reservation and occupied by the Northern Cheyenne Tribe and the Northern Cheyenne allottees, and their successors in interest.
(5) Legislation to resolve the 107th meridian boundary dispute was introduced in Congress in the 1960’s and 1970’s, and again in 1992, but no such legislation was enacted into law.
(b) Purpose
The purpose of this subchapter is to settle the 107th meridian boundary dispute created by the erroneous survey of the eastern boundary of the Crow Indian Reservation made by the Federal Government described in subsection (a)(3).
(Pub. L. 103–444, § 2, Nov. 2, 1994, 108 Stat. 4632.)
heading: Short Title
text: Pub. L. 103–444, § 1, Nov. 2, 1994, 108 Stat. 4632, provided that: “This Act [enacting this subchapter] may be cited as the ‘Crow Boundary Settlement Act of 1994’.”
25 U.S.C. § 1776f (INDIANS)
§ 1776f. Exchanges of land or minerals
(a) In general
(1) Subject to approval by the Secretary, the Crow Tribe may exchange any land or minerals to which its title is recognized in or obtained pursuant to this subchapter for other land or minerals of substantially equivalent value within the Crow Indian Reservation (including parcel number 1).
(2) Lands or minerals received by the Crow Tribe in any exchange made pursuant to paragraph (1) shall be—
(A) vested in the United States in trust for the sole use and benefit of the Crow Tribe; and
(B) recognized as part of the Crow Indian Reservation.
(b) Ownership by non-Indians
Any land or minerals received by a person who is not an Indian in an exchange referred to in subsection (a) shall be owned in fee.
(Pub. L. 103–444, § 8, Nov. 2, 1994, 108 Stat. 4640.)
25 U.S.C. § 1779e (INDIANS)
§ 1779e. Attorney fees
(a) Payment
At the time the funds are paid to the Indian Nations, from funds authorized to be appropriated pursuant to section 1779c(c) of this title, the Secretary shall pay to the Indian Nations’ attorneys those fees provided for in the individual tribal attorney fee contracts as approved by the respective Indian Nations.
(b) Limitations
Notwithstanding subsection (a), the total fees payable to attorneys under such contracts with an Indian Nation shall not exceed 10 percent of that Indian Nation’s allocation of funds appropriated under section 1779c(c) of this title.
(Pub. L. 107–331, title VI, § 607, Dec. 13, 2002, 116 Stat. 2852.)
25 U.S.C. § 1835 (INDIANS)
§ 1835. Allocation of funds
(a) From the amount appropriated pursuant to section 1836 of this title, the Secretary shall allocate to each tribally controlled college or university which is eligible for an endowment grant under this subchapter an amount for a Federal capital contribution equal to twice the value of the property or the amount which such college or university demonstrates has been placed within the control of, or irrevocably committed to the use of, the college or university and is available for deposit as a capital contribution of that college or university in accordance with section 1832(b)(2)(B) of this title, except that the maximum amount which may be so allocated to any such college or university for any fiscal year shall not exceed $750,000.
(b) If for any fiscal year the amount appropriated pursuant to section 1836 of this title is not sufficient to allocate to each tribally controlled college or university an amount equal to twice the value of the property or the amount demonstrated by such college or university pursuant to subsection (a), then the amount of the allocation to each such college or university shall be ratably reduced.
(Pub. L. 95–471, title III, § 305, as added Pub. L. 98–192, § 13, Dec. 1, 1983, 97 Stat. 1342; amended Pub. L. 101–477, § 1(d)(1)(D), (E), Oct. 30, 1990, 104 Stat. 1153; Pub. L. 105–244, title IX, § 901(b)(5), (7), (12), (14), Oct. 7, 1998, 112 Stat. 1828.)
heading: Amendments
text: 1998—Subsec. (a). Pub. L. 105–244 substituted “controlled college or university” for “controlled community college”, “such college or university” for “such college” in two places, “the college or university” for “the college”, and “that college or university” for “that college”.
Subsec. (b). Pub. L. 105–244, § 901(b)(5), (7), substituted “controlled college or university” for “controlled community college” and substituted “such college or university” for “such college” in two places.
1990—Pub. L. 101–477 inserted “twice the value of the property or” after “equal to” in subsecs. (a) and (b) and substituted “$750,000” for “$350,000” in subsec. (a).
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.
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–477 effective Oct. 1, 1991, see section 1(d)(2) of Pub. L. 101–477, set out as a note under section 1832 of this title.
25 U.S.C. § 1836 (INDIANS)
§ 1836. Authorization of appropriations
(a) There are authorized to be appropriated to carry out the provisions of this subchapter, $10,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.
(b) Any funds appropriated pursuant to subsection (a) are authorized to remain available until expended.
(Pub. L. 95–471, title III, § 306, as added Pub. L. 98–192, § 13, Dec. 1, 1983, 97 Stat. 1343; amended Pub. L. 99–428, § 2(b), Sept. 30, 1986, 100 Stat. 982; Pub. L. 101–477, § 1(d)(1)(F), Oct. 30, 1990, 104 Stat. 1153; Pub. L. 102–325, title XIII, § 1301(b), July 23, 1992, 106 Stat. 797; Pub. L. 105–244, title IX, § 901(a)(2)(B), Oct. 7, 1998, 112 Stat. 1827; Pub. L. 110–315, title IX, § 941(h), Aug. 14, 2008, 122 Stat. 3462.)
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–315 substituted “2009” for “1999” and “five succeeding” for “4 succeeding”.
1998—Subsec. (a). Pub. L. 105–244 substituted “1999” for “1993”.
1992—Subsec. (a). Pub. L. 102–325 amended subsec. (a) generally, substituting provisions authorizing appropriations for fiscal years 1993 to 1997 for provisions authorizing appropriations for fiscal years 1987 to 1992.
1990—Subsec. (a). Pub. L. 101–477 substituted “1990 and 1991, and for fiscal year 1992, $10,000,000” for “and 1990”.
1986—Subsec. (a). Pub. L. 99–428 substituted “1987, 1988, 1989, and 1990” for “1985, 1986, and 1987”.
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.
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of Title 20, Education.
25 U.S.C. § 2009 (INDIANS)
§ 2009. Division of Budget Analysis
(a) Establishment
Not later than 1 year after January 8, 2002, the Secretary shall establish within the Office of Indian Education Programs a Division of Budget Analysis (hereafter in this section referred to as the “Division”). Such Division shall be under the direct supervision and control of the Director of the Office.
(b) Functions
In consultation with the tribal governing bodies and tribal school boards, the Director of the Office, through the Division, shall conduct studies, surveys, or other activities to gather demographic information on Bureau-funded schools and project the amount necessary to provide Indian students in such schools the educational program set forth in this chapter.
(c) Annual reports
Not later than the date on which the Assistant Secretary for Indian Affairs makes the annual budget submission, for each fiscal year after January 8, 2002, the Director of the Office shall submit to the appropriate committees of Congress (including the Appropriations committees), all Bureau-funded schools, and the tribal governing bodies of such schools, a report that contains—
(1) projections, based upon the information gathered pursuant to subsection (b) and any other relevant information, of amounts necessary to provide Indian students in Bureau-funded schools the educational program set forth in this chapter;
(2) a description of the methods and formulas used to calculate the amounts projected pursuant to paragraph (1); and
(3) such other information as the Director of the Office considers appropriate.
(d) Use of reports
The Director of the Office and the Assistant Secretary for Indian Affairs shall use the annual report required by subsection (c) when preparing annual budget submissions.
(Pub. L. 95–561, title XI, § 1129, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2038.)
heading: Prior Provisions
text: A prior section 2009, Pub. L. 95–561, title XI, § 1129, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3998, related to Division of Budget Analysis, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2009, Pub. L. 95–561, title XI, § 1129, Nov. 1, 1978, 92 Stat. 2321; Pub. L. 98–511, title V, §§ 506, 507(a), Oct. 19, 1984, 98 Stat. 2395, 2396; Pub. L. 99–89, § 6, Aug. 15, 1985, 99 Stat. 382; Pub. L. 99–570, title IV, § 4133(b)(4), Oct. 27, 1986, 100 Stat. 3207–134; Pub. L. 100–297, title V, §§ 5109, 5110, 5118, Apr. 28, 1988, 102 Stat. 375, 376, 382; Pub. L. 100–427, §§ 6, 9(d), Sept. 9, 1988, 102 Stat. 1605, 1607, related to uniform direct funding and support, prior to the general amendment of this chapter by Pub. L. 103–382.