dreamproit/uscode huggingface dataset:
25 U.S.C. § 1616i (INDIANS)
§ 1616i. Additional incentives for health professionals
(a) Incentive special pay
The Secretary may provide the incentive special pay authorized under section 302(b) of title 37 to civilian medical officers of the Indian Health Service who are assigned to, and serving in, positions included in the list established under subsection (b)(1) for which recruitment or retention of personnel is difficult.
(b) List of positions; bonus pay
(1) The Secretary shall establish and update on an annual basis a list of positions of health care professionals employed by, or assigned to, the Service for which recruitment or retention is difficult.
(2)
(A) The Secretary may pay a bonus to any commissioned officer or civil service employee, other than a commissioned medical officer, dental officer, optometrist, and veterinarian, who is employed in or assigned to, and serving in, a position in the Service included in the list established by the Secretary under paragraph (1).
(B) The total amount of bonus payments made by the Secretary under this paragraph to any employee during any 1-year period shall not exceed $2,000.
(c) Work schedules
The Secretary may establish programs to allow the use of flexible work schedules, and compressed work schedules, in accordance with the provisions of subchapter II of chapter 61 of title 5, for health professionals employed by, or assigned to, the Service.
(Pub. L. 94–437, title I, § 116, as added Pub. L. 100–713, title I, § 109, Nov. 23, 1988, 102 Stat. 4798; amended Pub. L. 102–573, title I, § 117(b)(8), title IX, § 901(1), Oct. 29, 1992, 106 Stat. 4544, 4590.)
heading: Amendments
text: 1992—Subsec. (d). Pub. L. 102–573, § 901(1), struck out subsec. (d) which required a report to Congress by the Secretary no later than 6 months after Nov. 23, 1988, relating to overtime pay for individuals employed by the Service.
Subsec. (e). Pub. L. 102–573, § 117(b)(8), struck out subsec. (e) which authorized appropriations for fiscal years 1990 to 1992.
25 U.S.C. § 1616k (INDIANS)
§ 1616k. Nursing residency program
(a) Establishment
The Secretary, acting through the Service, shall establish a program to enable licensed practical nurses, licensed vocational nurses, and registered nurses who are working in an Indian health program (as defined in section 1616a(a)(2)(A) of this title), and have done so for a period of not less than one year, to pursue advanced training.
(b) Program components
Such program shall include a combination of education and work study in an Indian health program (as defined in section 1616a(a)(2)(A) of this title) leading to an associate or bachelor’s degree (in the case of a licensed practical nurse or licensed vocational nurse) or a bachelor’s degree (in the case of a registered nurse) or a Master’s degree.
(c) Service obligation of program participant
An individual who participates in a program under subsection (a), where the educational costs are paid by the Service, shall incur an obligation to serve in an Indian health program for a period of obligated service equal to at least three times the period of time during which the individual participates in such program. In the event that the individual fails to complete such obligated service, the United States shall be entitled to recover from such individual an amount determined in accordance with the formula specified in subsection (l) of section 1616a of this title in the manner provided for in such subsection.
(Pub. L. 94–437, title I, § 118, as added Pub. L. 102–573, title I, § 104(e), Oct. 29, 1992, 106 Stat. 4534; amended Pub. L. 103–435, § 16(b), Nov. 2, 1994, 108 Stat. 4573.)
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–435 inserted before period at end “or a Master’s degree”.
25 U.S.C. § 1616o (INDIANS)
§ 1616o. University of South Dakota pilot program
(a) Establishment
The Secretary may make a grant to the School of Medicine of the University of South Dakota (hereafter in this section referred to as “USDSM”) to establish a pilot program on an Indian reservation at one or more service units in South Dakota to address the chronic manpower shortage in the Aberdeen Area of the Service.
(b) Purposes
The purposes of the program established pursuant to a grant provided under subsection (a) are—
(1) to provide direct clinical and practical experience at a service unit to medical students and residents from USDSM and other medical schools;
(2) to improve the quality of health care for Indians by assuring access to qualified health care professionals; and
(3) to provide academic and scholarly opportunities for physicians, physician assistants, nurse practitioners, nurses, and other allied health professionals serving Indian people by identifying and utilizing all academic and scholarly resources of the region.
(c) Composition; designation
The pilot program established pursuant to a grant provided under subsection (a) shall—
(1) incorporate a program advisory board composed of representatives from the tribes and communities in the area which will be served by the program; and
(2) shall be designated as an extension of the USDSM campus and program participants shall be under the direct supervision and instruction of qualified medical staff serving at the service unit who shall be members of the USDSM faculty.
(d) Coordination with other schools
The USDSM shall coordinate the program established pursuant to a grant provided under subsection (a) with other medical schools in the region, nursing schools, tribal community colleges, and other health professional schools.
(e) Development of additional professional opportunities
The USDSM, in cooperation with the Service, shall develop additional professional opportunities for program participants on Indian reservations in order to improve the recruitment and retention of qualified health professionals in the Aberdeen Area of the Service.
(Pub. L. 94–437, title I, § 122, as added Pub. L. 102–573, title I, § 116, Oct. 29, 1992, 106 Stat. 4543.)
25 U.S.C. § 1621s (INDIANS)
§ 1621s. Prompt action on payment of claims
(a) Time of response
The Service shall respond to a notification of a claim by a provider of a contract care service with either an individual purchase order or a denial of the claim within 5 working days after the receipt of such notification.
(b) Failure to timely respond
If the Service fails to respond to a notification of a claim in accordance with subsection (a), the Service shall accept as valid the claim submitted by the provider of a contract care service.
(c) Time of payment
The Service shall pay a completed contract care service claim within 30 days after completion of the claim.
(Pub. L. 94–437, title II, § 220, as added Pub. L. 102–573, title II, § 215, Oct. 29, 1992, 106 Stat. 4558.)
25 U.S.C. § 1660a (INDIANS)
§ 1660a. Grants for alcohol and substance abuse related services
(a) Grants
The Secretary may make grants for the provision of health-related services in prevention of, treatment of, rehabilitation of, or school and community-based education in, alcohol and substance abuse in urban centers to those urban Indian organizations with whom the Secretary has entered into a contract under this subchapter or under section 1621 of this title.
(b) Goals of grant
Each grant made pursuant to subsection (a) shall set forth the goals to be accomplished pursuant to the grant. The goals shall be specific to each grant as agreed to between the Secretary and the grantee.
(c) Criteria
The Secretary shall establish criteria for the grants made under subsection (a), including criteria relating to the—
(1) size of the urban Indian population;
(2) accessibility to, and utilization of, other health resources available to such population;
(3) duplication of existing Service or other Federal grants or contracts;
(4) capability of the organization to adequately perform the activities required under the grant;
(5) satisfactory performance standards for the organization in meeting the goals set forth in such grant, which standards shall be negotiated and agreed to between the Secretary and the grantee on a grant-by-grant basis; and
(6) identification of need for services.
The Secretary shall develop a methodology for allocating grants made pursuant to this section based on such criteria.
(d) Treatment of funds received by urban Indian organizations
Any funds received by an urban Indian organization under this chapter for substance abuse prevention, treatment, and rehabilitation shall be subject to the criteria set forth in subsection (c).
(Pub. L. 94–437, title V, § 511, as added Pub. L. 102–573, title V, § 502, Oct. 29, 1992, 106 Stat. 4569.)
heading: References in Text
text: This chapter, referred to in subsec. (d), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
heading: Prior Provisions
text: A prior section 511 of Pub. L. 94–437 was renumbered section 510 and is classified to section 1660 of this title.
25 U.S.C. § 1680g (INDIANS)
§ 1680g. Reallocation of base resources
(a) Report to Congress
Notwithstanding any other provision of law, any allocation of Service funds for a fiscal year that reduces by 5 percent or more from the previous fiscal year the funding for any recurring program, project, or activity of a service unit may be implemented only after the Secretary has submitted to the President, for inclusion in the report required to be transmitted to the Congress under section 1671 of this title, a report on the proposed change in allocation of funding, including the reasons for the change and its likely effects.
(b) Appropriated amounts
Subsection (a) shall not apply if the total amount appropriated to the Service for a fiscal year is less than the amount appropriated to the Service for previous fiscal year.
(Pub. L. 94–437, title VIII, § 817, formerly title VII, § 717, as added Pub. L. 100–713, title VII, § 711, Nov. 23, 1988, 102 Stat. 4833; renumbered title VIII, § 817, and amended Pub. L. 102–573, title VII, § 701(a), (b), title VIII, § 805, Oct. 29, 1992, 106 Stat. 4572, 4585.)
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–573, § 805, substituted “Secretary has submitted to the President, for inclusion in the report required to be transmitted to the Congress under section 1671 of this title,” for “Secretary has submitted to the Congress”.
25 U.S.C. § 1704 (INDIANS)
§ 1704. Option agreements to purchase private settlement lands
(a) Acceptance of option agreement assignments; reasonableness of terms and conditions
The Secretary shall accept assignment of reasonable two-year option agreements negotiated by the Governor of the State of Rhode Island or his designee for the purchase of the private settlement lands: Provided, That the terms and conditions specified in such options are reasonable and that the total price for the acquisition of such lands, including reasonable costs of acquisition, will not exceed the amount specified in section 1703 of this title. If the Secretary does not determine that any such option agreement is unreasonable within sixty days of its submission, the Secretary will be deemed to have accepted the assignment of the option.
(b) Amount of payment
Payment for any option entered into pursuant to subsection (a) shall be in the amount of 5 per centum of the fair market value of the land or natural resources as of the date of the agreement and shall be paid from the fund established by section 1703 of this title.
(c) Limitation on option fees
The total amount of the option fees paid pursuant to subsection (b) shall not exceed $175,000.
(d) Application of option fee
The option fee for each option agreement shall be applied to the agreed purchase price in the agreement if the purchase of the defendant’s land or natural resources is completed in accordance with the terms of the option agreement.
(e) Retention of option payment
The payment for each option may be retained by the party granting the option if the property transfer contemplated by the option agreement is not completed in accordance with the terms of the option agreement.
(Pub. L. 95–395, § 5, Sept. 30, 1978, 92 Stat. 814.)
25 U.S.C. § 1707 (INDIANS)
§ 1707. Purchase and transfer of private settlement lands
(a) Determination by Secretary; assignment of settlement lands to State Corporation
When the Secretary determines that the State Corporation described in section 1706(a) of this title has been created and will accept the settlement lands, the Secretary shall exercise within sixty days the options entered into pursuant to section 1704 of this title and assign the private settlement lands thereby purchased to the State Corporation.
(b) Moneys remaining in fund
Any moneys remaining in the fund established by section 1703 of this title after the purchase described in subsection (a) shall be returned to the general Treasury of the United States.
(c) Duties and liabilities of United States upon discharge of Secretary’s duties; restriction on conveyance of settlement lands; affect on easements for public or private purposes
Upon the discharge of the Secretary’s duties under sections 1704, 1705, 1706, and 1707 of this title, the United States shall have no further duties or liabilities under this subchapter with respect to the Indian Corporation or its successor, the State Corporation, or the settlement lands: Provided, however, That if the Secretary subsequently acknowledges the existence of the Narragansett Tribe of Indians, then the settlement lands may not be sold, granted, or otherwise conveyed or leased to anyone other than the Indian Corporation, and no such disposition of the settlement lands shall be of any validity in law or equity, unless the same is approved by the Secretary pursuant to regulations adopted by him for that purpose: Provided, however, That nothing in this subchapter shall affect or otherwise impair the ability of the State Corporation to grant or otherwise convey (including any involuntary conveyance by means of eminent domain or condemnation proceedings) any easement for public or private purposes pursuant to the laws of the State of Rhode Island.
(Pub. L. 95–395, § 8, Sept. 30, 1978, 92 Stat. 816.)
25 U.S.C. § 1712 (INDIANS)
§ 1712. Approval of prior transfers and extinguishment of claims and aboriginal title outside town of Charlestown, Rhode Island and involving other Indians in Rhode Island
(a) Scope of applicability
Except as provided in subsection (b)—
(1) any transfer of land or natural resources located anywhere within the State of Rhode Island outside the town of Charlestown from, by, or on behalf of any Indian, Indian nation, or tribe of Indians (other than transfers included in and approved by section 1705 of this title), including but not limited to a transfer pursuant to any statute of any State, shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of land or natural resources from, by, or on behalf of any Indian, Indian nation, or tribe of Indians (including but not limited to the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, 1 Stat. 137), and all amendments thereto and all subsequent versions thereof), and Congress does hereby approve any such transfer effective as of the date of said transfer;
(2) to the extent that any transfer of land or natural resources described in paragraph (1) may involve land or natural resources to which such Indian, Indian nation, or tribe of Indians had aboriginal title, paragraph (1) shall be regarded as an extinguishment of such aboriginal title as of the date of said transfer; and
(3) by virtue of the approval of such transfers of land or natural resources effected by this subsection or an extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by any such Indian, Indian nation, or tribe of Indians, arising subsequent to the transfer and based upon any interest in or rights involving such land or natural resources (including but not limited to claims for trespass damages or claims for use and occupancy), shall be regarded as extinguished as of the date of the transfer.
(b) Exceptions
This section shall not apply to any claim, right, or title of any Indian, Indian nation, or tribe of Indians that is asserted in an action commenced in a court of competent jurisdiction within one hundred and eighty days of September 30, 1978: Provided, That the plaintiff in any such action shall cause notice of the action to be served upon the Secretary and the Governor of the State of Rhode Island.
(Pub. L. 95–395, § 13, Sept. 30, 1978, 92 Stat. 817.)
heading: References in Text
text: The Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, 1 Stat. 137), referred to in subsec. (a)(1), was not classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and 264 of this title.
25 U.S.C. § 1715 (INDIANS)
§ 1715. Exemption from taxation
(a) General exemption
Except as otherwise provided in subsections (b) and (c), the settlement lands received by the State Corporation shall not be subject to any form of Federal, State, or local taxation while held by the State Corporation.
(b) Income-producing activities
The exemption provided in subsection (a) shall not apply to any income-producing activities occurring on the settlement lands.
(c) Payments in lieu of taxes
Nothing in this subchapter shall prevent the making of payments in lieu of taxes by the State Corporation for services provided in connection with the settlement lands.
(Pub. L. 95–395, title II, § 201, as added Pub. L. 96–601, § 5(a), Dec. 24, 1980, 94 Stat. 3498.)
heading: Effective Date
text: Pub. L. 96–601, § 5(b), Dec. 24, 1980, 94 Stat. 3499, provided that: “The amendment made by subsection (a) [enacting this part] shall take effect on September 30, 1978.”
25 U.S.C. § 1756 (INDIANS)
§ 1756. Practice and procedure
(a) Constitutionality
Notwithstanding any other provision of law, the constitutionality of this subchapter may not be drawn into question in any action unless such question has been raised in—
(1) a pleading contained in a complaint filed before the end of the one-hundred-and-eighty-day period beginning on October 18, 1983, or
(2) an answer contained in a reply to a complaint before the end of such period.
(b) Jurisdiction
Notwithstanding any other provision of law, exclusive jurisdiction of any action in which the constitutionality of this subchapter is drawn into question is vested in the United States District Court for the District of Connecticut.
(c) Removal of actions
Any action to which subsection (a) applies and which is brought in the court of any State may be removed by the defendant to the United States District Court for the District of Connecticut.
(d) Jurisdictional acts; implied consent to sue the United States
Except as provided in this subchapter, no provision of this subchapter shall be construed to constitute a jurisdictional act, to confer jurisdiction to sue, or to grant implied consent to any Indian, Indian nation, or tribe or band of Indians to sue the United States or any of its officers with respect to the claims extinguished by the operation of this subchapter.
(Pub. L. 98–134, § 7, Oct. 18, 1983, 97 Stat. 855.)
heading: Codification
text: In subsec. (a)(1), “October 18, 1983” substituted for “the date of the enactment of this Act”, meaning the date of approval of Pub. L. 98–134.
25 U.S.C. § 1757 (INDIANS)
§ 1757. Restriction against alienation
(a) Subject to subsection (b), lands within the reservation which are held in trust by the Secretary for the benefit of the Tribe or which are subject to a Federal restraint against alienation at any time after October 18, 1983, shall be subject to the laws of the United States relating to Indian lands, including section 177 of this title.
(b) Notwithstanding subsection (a), the Tribe may lease lands for any term of years to the Mashantucket Pequot Housing Authority, or any successor in interest to such Authority.
(Pub. L. 98–134, § 8, Oct. 18, 1983, 97 Stat. 855.)
heading: Codification
text: In subsec. (a), “October 18, 1983” substituted for “the date of the enactment of this Act”, meaning the date of approval of Pub. L. 98–134.
25 U.S.C. § 1772b (INDIANS)
§ 1772b. Findings by Secretary
(a) Section 1772c of this title shall not take effect until 180 days after December 31, 1987, or the date the last of the events described in subsection (b) have occurred and the Secretary so finds, whichever date occurs later.
(b) The events referred to in subsection (a) are—
(1) the State and district pay settlement funds pursuant to the terms of the Settlement Agreement for the case captioned Seminole Tribe of Indians of Florida v. State of Florida et al., or equivalent consideration by land exchange to the tribe; and
(2) the State enacts appropriate legislation to carry out the commitments under the Settlement Agreement including the compact between the State, the district and the tribe, and the State and the district have given the waiver specified in paragraph 5c of such agreement.
(Pub. L. 100–228, § 4, Dec. 31, 1987, 101 Stat. 1557.)
25 U.S.C. § 1773b (INDIANS)
§ 1773b. Settlement lands
(a) Acceptance by Secretary
The Secretary shall accept the conveyance of the lands described in subsection (c), and the Outer Hylebos tidelands property referred to in section VIII, A,1,c of the Settlement Agreement, subject to the terms and conditions of the Settlement Agreement and shall hold such lands in trust for the benefit of the Tribe.
(b) Contamination
(1) Contamination audits and cleanup of settlement lands shall be carried out in accordance with the Settlement Agreement and document 1 of the Technical Documents.
(2) The Tribe shall not be liable for the cleanup costs or in any other manner for contamination on properties described in subsection (c) except any contamination caused by the Tribe’s activities after conveyance of these properties to the Tribe under the terms of the Settlement Agreement and document 1 of the Technical Documents.
(c) Lands described
The lands referred to in subsection (a), and more particularly described in the Settlement Agreement, are as follows:
(1) The Blair Waterway property, comprised of approximately 43.4 acres.
(2) The Blair Backup property, comprised of approximately 85.2 acres.
(3) The Inner Hylebos property, comprised of approximately 72.9 acres.
(4) The Upper Hylebos property, comprised of approximately 5.9 acres.
(5) The Union Pacific property (Fife), comprised of a parcel of approximately 57 acres, and an adjoining 22-acre parcel if the option relating to the Union Pacific property (Fife) (as described in document 1 of the Technical Documents) is exercised.
(6) The Torre property (Fife), comprised of approximately 27.4 acres, unless the Port elects to provide the cash value of such property.
(7) The Taylor Way and East-West Road properties, two properties totaling approximately 7.4 acres.
(8) The submerged lands in the Puyallup River within the 1873 Survey Area below the mean high water line, as provided in section I. B. of the Settlement Agreement. To the extent that the United States has title to any of the lands described in this subpart,1 then such lands shall be held by the United States in trust for the use and benefit of the Puyallup Tribe.
(9) The approximately 600 acres of open space, forest, and cultural lands to be acquired by the Tribe with cash received pursuant to section I of the Settlement Agreement or other tribal funds.
(d) Reservation status
Nothing in this subchapter is intended to affect the boundaries of the Puyallup Reservation, except that the lands described in subsection (c) above in paragraphs (1) through (8), and the Outer Hylebos tidelands property referred to in section VIII of the Settlement Agreement, shall have on-reservation status.
(e) Authorization of appropriations
There is authorized to be appropriated $500,000 for the Federal share for the purchase of the lands referred to in subsection (c)(9).
(Pub. L. 101–41, § 4, June 21, 1989, 103 Stat. 85.)