dreamproit/uscode huggingface dataset:
25 U.S.C. § 2214 (INDIANS)
§ 2214. Establishing fair market value
For purposes of this chapter, the Secretary may develop a system for establishing the fair market value of various types of lands and improvements. Such a system may include determinations of fair market value based on appropriate geographic units as determined by the Secretary. Such a system may govern the amounts offered for the purchase of interests in trust or restricted land under this chapter.
(Pub. L. 97–459, title II, § 215, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002; amended Pub. L. 108–374, § 6(a)(7), Oct. 27, 2004, 118 Stat. 1802; Pub. L. 109–157, § 6, Dec. 30, 2005, 119 Stat. 2952.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress.
heading: Amendments
text: 2005—Pub. L. 109–157 substituted “Such a system may govern the amounts offered for the purchase of interests in trust or restricted land under this chapter.” for “Such system may govern the amounts offered for the purchase of interests in trust or restricted lands under this chapter.”
2004—Pub. L. 108–374, which directed substitution of “this Act” for “section 2212 of this title” in last sentence, was executed by substituting “this chapter” for “section 213”, meaning section 213 of Pub. L. 97–459, which is classified to section 2212 of this title, to reflect the probable intent of Congress.
heading: Effective Date of 2005 Amendment
text: Amendment by Pub. L. 109–157 effective as if included in Pub. L. 108–374, see section 9 of Pub. L. 109–157, set out as a note under section 5107 of this title.
25 U.S.C. § 2434 (INDIANS)
§ 2434. Social services reports
(a) Data
The Secretary of the Interior, with respect to the administration of any family or social services program by the Bureau of Indian Affairs directly or through contracts under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.], shall require the compilation of data relating to the number and types of child abuse and neglect cases seen and the type of assistance provided. Additionally, such data should also be categorized to reflect those cases that involve, or appear to involve, alcohol and substance abuse, those cases which are recurring, and those cases which involve other minor siblings.
(b) Referral of data
The data compiled pursuant to subsection (a) shall be provided annually to the affected Indian tribe and Tribal Coordinating Committee to assist them in developing or modifying a Tribal Action Plan and shall also be submitted to the Indian Health Service service unit director who will have responsibility for compiling a tribal comprehensive report as provided in section 2477 1 of this title.
(c) Confidentiality
In carrying out the requirements of subsections (a) and (b), the Secretary shall insure that the data is compiled and reported in a manner which will preserve the confidentiality of the families and individuals.
(Pub. L. 99–570, title IV, § 4214, Oct. 27, 1986, 100 Stat. 3207–145.)
heading: References in Text
text: The Indian Self-Determination Act, referred to in subsec. (a), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Section 2477 of this title, referred to in subsec. (b), was repealed by Pub. L. 102–573, title VII, § 702(b)(2), Oct. 29, 1992, 106 Stat. 4582.
25 U.S.C. § 2455 (INDIANS)
§ 2455. Law enforcement and judicial report
(a) Compilation of law enforcement data
The Secretary of the Interior, with respect to the administration of any law enforcement or judicial services program by the Bureau of Indian Affairs, either directly or through contracts under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.], shall require the compilation of data relating to calls and encounters, arrests and detentions, and disposition of cases by Bureau of Indian Affairs or tribal law enforcement or judicial personnel involving Indians where it is determined that alcohol or substance abuse is a contributing factor.
(b) Referral of data
The data compiled pursuant to subsection (a) shall be provided annually to the affected Indian tribe and Tribal Coordinating Committee to assist them in developing or modifying a Tribal Action Plan and shall also be submitted to the Indian Health Service 1 unit director who will have the responsibility for compiling a tribal comprehensive report as provided in section 2477 2 of this title.
(c) Confidentiality
In carrying out this section, the Secretary shall insure that the data is compiled and reported in a manner which will preserve the confidentiality of the families and individuals involved.
(Pub. L. 99–570, title IV, § 4222, Oct. 27, 1986, 100 Stat. 3207–148.)
heading: References in Text
text: The Indian Self-Determination Act, referred to in subsec. (a), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Section 2477 of this title, referred to in subsec. (b), was repealed by Pub. L. 102–573, title VII, § 702(b)(2), Oct. 29, 1992, 106 Stat. 4582.
25 U.S.C. § 2502a (INDIANS)
§ 2502a. Retrocession or re-assumption of Indian education funds
Beginning July 1, 2008, and thereafter, any funds (including investments and interest earned, except for construction funds) held by a Public Law 100–297 grant or a Public Law 93–638 contract school shall, upon retrocession to or re-assumption by the Bureau of Indian Education, remain available to the Bureau of Indian Education for a period of 5 years from the date of retrocession or re-assumption for the benefit of the programs approved for the school on October 1, 1995.
(Pub. L. 113–76, div. G, title I, § 110, Jan. 17, 2014, 128 Stat. 312.)
heading: References in Text
text: Public Law 100–297, referred to in text, is Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 130. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under section 6301 of Title 20, Education, and Tables.
Public Law 93–638, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Tribally Controlled Schools Act of 1988 which comprises this chapter.
25 U.S.C. § 2805 (INDIANS)
§ 2805. Regulations
After consultation with the Attorney General of the United States, the Secretary may prescribe under this chapter regulations relating to the enforcement of criminal laws of the United States and regulations relating to the consideration of applications for contracts awarded under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] to perform the functions of the Branch of Criminal Investigations.
(Pub. L. 101–379, § 6, Aug. 18, 1990, 104 Stat. 476.)
heading: References in Text
text: The Indian Self-Determination Act, referred to in text, is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
25 U.S.C. § 2902 (INDIANS)
§ 2902. Definitions
For purposes of this chapter—
(1) The term “Native American” means an Indian, Native Hawaiian, or Native American Pacific Islander.
(2) The term “Indian” has the meaning given to such term under section 7491(3) of title 20.
(3) The term “Native Hawaiian” has the meaning given to such term by section 7517 of title 20.
(4) The term “Native American Pacific Islander” means any descendent of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.
(5) The terms “Indian tribe” and “tribal organization” have the respective meaning given to each of such terms under section 5304 of this title.
(6) The term “Native American language” means the historical, traditional languages spoken by Native Americans.
(7) The term “traditional leaders” includes Native Americans who have special expertise in Native American culture and Native American languages.
(8) The term “Indian reservation” has the same meaning given to the term “reservation” under section 1452 of this title.
(Pub. L. 101–477, title I, § 103, Oct. 30, 1990, 104 Stat. 1154; Pub. L. 104–109, § 11, Feb. 12, 1996, 110 Stat. 765; Pub. L. 107–110, title VII, § 702(f), Jan. 8, 2002, 115 Stat. 1947; Pub. L. 114–95, title IX, § 9215(iii), Dec. 10, 2015, 129 Stat. 2187.)
heading: Amendments
text: 2015—Par. (2). Pub. L. 114–95, § 9215(iii)(1), made technical amendment to reference in original act which appears in text as reference to section 7491(3) of title 20.
Par. (3). Pub. L. 114–95, § 9215(iii)(2), made technical amendment to reference in original act which appears in text as reference to section 7517 of title 20.
2002—Par. (2). Pub. L. 107–110, § 702(f)(1), substituted “section 7491(3) of title 20” for “section 7881(4) of title 20”.
Par. (3). Pub. L. 107–110, § 702(f)(2), substituted “section 7517 of title 20” for “section 7912(1) of title 20”.
1996—Par. (2). Pub. L. 104–109, § 11(1), substituted “section 7881(4) of title 20” for “section 2651(4) of this title”.
Par. (3). Pub. L. 104–109, § 11(2), substituted “section 7912(1) of title 20” for “section 4909 of title 20”.
heading: Effective Date of 2015 Amendment
text: Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
25 U.S.C. § 3052 (INDIANS)
§ 3052. Definitions
In this chapter:
(1) Adjacent site
The term “adjacent site” means a site that borders a boundary line of National Forest System land.
(2) Cultural items
The term “cultural items” has the meaning given the term in section 3001 of this title, except that the term does not include human remains.
(3) Human remains
The term “human remains” means the physical remains of the body of a person of Indian ancestry.
(4) Indian
The term “Indian” means an individual who is a member of an Indian tribe.
(5) Indian tribe
The term “Indian tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village, or other community the name of which is included on a list published by the Secretary of the Interior pursuant to section 5131 of this title.
(6) Lineal descendant
The term “lineal descendant” means an individual that can trace, directly and without interruption, the ancestry of the individual through the traditional kinship system of an Indian tribe, or through the common law system of descent, to a known Indian, the human remains, funerary objects, or other sacred objects of whom are claimed by the individual.
(7) National Forest System
The term “National Forest System” has the meaning given the term in section 1609(a) of title 16.
(8) Reburial site
The term “reburial site” means a specific physical location at which cultural items or human remains are reburied.
(9) Traditional and cultural purpose
The term “traditional and cultural purpose”, with respect to a definable use, area, or practice, means that the use, area, or practice is identified by an Indian tribe as traditional or cultural because of the long-established significance or ceremonial nature of the use, area, or practice to the Indian tribe.
(Pub. L. 110–234, title VIII, § 8102, May 22, 2008, 122 Stat. 1287; Pub. L. 110–246, § 4(a), title VIII, § 8102, June 18, 2008, 122 Stat. 1664, 2048.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
25 U.S.C. § 3104 (INDIANS)
§ 3104. Management of Indian forest land
(a) Management activities
The Secretary shall undertake forest land management activities on Indian forest land, either directly or through contracts, cooperative agreements, or grants under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.].
(b) Management objectives
Indian forest land management activities undertaken by the Secretary shall be designed to achieve the following objectives—
(1) the development, maintenance, and enhancement of Indian forest land in a perpetually productive state in accordance with the principles of sustained yield and with the standards and objectives set forth in forest management plans by providing effective management and protection through the application of sound silvicultural and economic principles to—
(A) the harvesting of forest products,
(B) forestation,
(C) timber stand improvement, and
(D) other forestry practices;
(2) the regulation of Indian forest lands through the development and implementation, with the full and active consultation and participation of the appropriate Indian tribe, of forest management plans which are supported by written tribal objectives and forest marketing programs;
(3) the regulation of Indian forest lands in a manner that will ensure the use of good method and order in harvesting so as to make possible, on a sustained yield basis, continuous productivity and a perpetual forest business;
(4) the development of Indian forest lands and associated value-added industries by Indians and Indian tribes to promote self-sustaining communities, so that Indians may receive from their Indian forest land not only stumpage value, but also the benefit of all the labor and profit that such Indian forest land is capable of yielding;
(5) the retention of Indian forest land in its natural state when an Indian tribe determines that the recreational, cultural, aesthetic, or traditional values of the Indian forest land represents the highest and best use of the land;
(6) the management and protection of forest resources to retain the beneficial effects to Indian forest lands of regulating water run-off and minimizing soil erosion; and
(7) the maintenance and improvement of timber productivity, grazing, wildlife, fisheries, recreation, aesthetic, cultural and other traditional values.
(Pub. L. 101–630, title III, § 305, Nov. 28, 1990, 104 Stat. 4535.)
heading: References in Text
text: The Indian Self-Determination Act, referred to in subsec. (a), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
25 U.S.C. § 3112 (INDIANS)
§ 3112. Alaska Native technical assistance program
(a) Establishment
The Secretary, in consultation with the village and regional corporations established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), shall establish a program of technical assistance for such corporations to promote the sustained yield management of their forest resources. Such technical assistance shall also be available to promote local processing and other value-added activities with such forest resources.
(b) Indian Self-Determination Act
The technical assistance to be provided by the Secretary pursuant to subsection (a) shall be made available through contracts, grants or agreements entered into in accordance with, and made available to entities eligible for, such contracts, grants, or agreements under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.].
(Pub. L. 101–630, title III, § 313, Nov. 28, 1990, 104 Stat. 4540.)
heading: References in Text
text: The Alaska Native Claims Settlement Act, referred to in subsec. (a), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
The Indian Self-Determination Act, referred to in subsec. (b), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
25 U.S.C. § 3302 (INDIANS)
§ 3302. Findings
The Congress finds that—
(1) there are increasing numbers of Indian students qualifying for postsecondary education, and there are increasing numbers desiring to go to postsecondary institutions;
(2) the needs of these students far outpace the resources available currently;
(3) Indian tribes have shown an increasing interest in administering programs serving these individuals and making decisions on these programs reflecting their determinations of the tribal and human needs;
(4) the contracting process under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] has provided a mechanism for the majority of the tribes to assume control over this program from the Bureau of Indian Affairs;
(5) however, inherent limitations in the contracting philosophy and mechanism, coupled with cumbersome administrative procedures developed by the Bureau of Indian Affairs have effectively limited the efficiency and effectiveness of these programs;
(6) the provision of these services in the most effective and efficient form possible is necessary for tribes, the country, and the individuals to be served; and
(7) these services are part of the Federal Government’s continuing trust responsibility to provide education services to American Indian and Alaska Natives.
(Pub. L. 102–325, title XIII, § 1312, July 23, 1992, 106 Stat. 798.)
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in par. (4), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
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. 5301 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. 5301 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, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
25 U.S.C. § 3322 (INDIANS)
§ 3322. Definitions
As used in this subchapter:
(1) The term “federally funded higher education assistance” means any grant assistance provided to an Indian student from funds made available for such purpose by contract or grant to an Indian tribe from amounts appropriated under the authority of section 13 of this title.
(2) The term “eligible Indian tribe or tribal organization” means any Indian tribe or tribal organization that qualifies to administer federally funded higher education assistance under a contract pursuant to the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] or under a grant pursuant to subchapter I of this chapter.
(3) The term “Indian” has the meaning given such term in section 4(d) of the Indian Self Determination and Education Assistance Act [25 U.S.C. 5304(d)].
(Pub. L. 102–325, title XIII, § 1322, July 23, 1992, 106 Stat. 803.)
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in par. (2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 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. 5301 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, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.