dreamproit/uscode huggingface dataset:
25 U.S.C. § 3402 (INDIANS)
§ 3402. Definitions
For the purposes of this chapter, the following definitions apply:
(1) Federal agency
The term “federal 1 agency” has the same meaning given the term “agency” in section 551(1) of title 5.
(2) Indian tribe
The terms “Indian tribe” and “tribe” shall have the meaning given the term “Indian tribe” in section 5304(e) of this title.
(3) Indian
The term “Indian” shall have the meaning given such term in section 5304(d) of this title.
(4) Secretary
Except where otherwise provided, the term “Secretary” means the Secretary of the Interior.
(Pub. L. 102–477, § 3, Oct. 23, 1992, 106 Stat. 2302; Pub. L. 106–568, title XI, § 1103(a), Dec. 27, 2000, 114 Stat. 2931.)
heading: Amendments
text: 2000—Pub. L. 106–568 added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively.
25 U.S.C. § 3602 (INDIANS)
§ 3602. Definitions
For purposes of this chapter:
(1) The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior.
(2) The term “Courts of Indian Offenses” means the courts established pursuant to part 11 of title 25, Code of Federal Regulations.
(3) The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native entity, which administers justice under its inherent authority or the authority of the United States and which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians.
(4) The term “judicial personnel” means any judge, magistrate, court counselor, court clerk, court administrator, bailiff, probation officer, officer of the court, dispute resolution facilitator, or other official, employee, or volunteer within the tribal justice system.
(5) The term “Office” means the Office of Tribal Justice Support within the Bureau of Indian Affairs.
(6) The term “Secretary” means the Secretary of the Interior.
(7) The term “tribal organization” means any organization defined in section 5304(l) of this title.
(8) The term “tribal justice system” means the entire judicial branch, and employees thereof, of an Indian tribe, including (but not limited to) traditional methods and forums for dispute resolution, lower courts, appellate courts (including intertribal appellate courts), alternative dispute resolution systems, and circuit rider systems, established by inherent tribal authority whether or not they constitute a court of record.
(Pub. L. 103–176, § 3, Dec. 3, 1993, 107 Stat. 2004.)
25 U.S.C. § 3614 (INDIANS)
§ 3614. Tribal judicial conferences
The Secretary is authorized to provide funds to tribal judicial conferences, under section 3611 of this title, pursuant to contracts entered into under the authority of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] for the development, enhancement, and continuing operation of tribal justice systems of Indian tribes which are members of such conference. Funds provided under this section may be used for—
(1) the employment of judges, magistrates, court counselors, court clerks, court administrators, bailiffs, probation officers, officers of the court, or dispute resolution facilitators;
(2) the development, revision, and publication of tribal codes, rules of practice, rules of procedure, and standards of judicial performance and conduct;
(3) the acquisition, development, and maintenance of a law library and computer assisted legal research capacities;
(4) training programs and continuing education for tribal judicial personnel;
(5) the development and operation of records management systems;
(6) planning for the development, enhancement, and operation of tribal justice systems; and
(7) the development and operation of other innovative and culturally relevant programs and projects, including (but not limited to) programs and projects for—
(A) alternative dispute resolution;
(B) tribal victims assistance or victims services;
(C) tribal probation services or diversion programs;
(D) juvenile services and multidisciplinary investigations of child abuse; and
(E) traditional tribal judicial practices, traditional justice systems, and traditional methods of dispute resolution.
(Pub. L. 103–176, title I, § 104, Dec. 3, 1993, 107 Stat. 2008.)
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, 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.
25 U.S.C. § 3905 (INDIANS)
§ 3905. Contract authority
(a) Authority of Director
To the maximum extent feasible, the Director shall carry out duties under this chapter through contracts, compacts, or memoranda of agreement with Indian tribal governments or Alaska Native entities pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),1 section 2004a of title 42, or section 1632 of this title.
(b) Cooperative agreements
The Director is authorized, for purposes of carrying out the duties of the Director under this chapter, to contract with or enter into such cooperative agreements with such other Federal agencies as is considered necessary to provide cost-sharing for closure and postclosure activities, to obtain necessary technical and financial assistance and expertise, and for such other purposes as the Director considers necessary.
(Pub. L. 103–399, § 6, Oct. 22, 1994, 108 Stat. 4167.)
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 was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title, prior to editorial reclassification as 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. § 4302 (INDIANS)
§ 4302. Definitions
In this chapter:
(1) Eligible entity
The term “eligible entity” means an Indian tribe or tribal organization, an Indian arts and crafts organization, as that term is defined in section 305a of this title, a tribal enterprise, a tribal marketing cooperative (as that term is defined by the Secretary, in consultation with the Secretary of the Interior), or any other Indian-owned business.
(2) Indian
The term “Indian” has the meaning given that term in section 5304(d) of this title.
(3) Indian goods and services
The term “Indian goods and services” means—
(A) Indian goods, within the meaning of section 305a of this title;
(B) goods produced or originated by an eligible entity; and
(C) services provided by eligible entities.
(4) Indian lands
(A) In general
The term “Indian lands” includes lands under the definition of—
(i) the term “Indian country” under section 1151 of title 18; or
(ii) the term “reservation” under—
(I) section 1452(d) of this title; or
(II) section 1903(10) of this title.
(B) Former Indian reservations in Oklahoma
For purposes of applying section 1452(d) of this title under subparagraph (A)(ii), the term “former Indian reservations in Oklahoma” shall be construed to include lands that are—
(i) within the jurisdictional areas of an Oklahoma Indian tribe (as determined by the Secretary of the Interior); and
(ii) recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on November 7, 2000).
(5) Indian-owned business
The term “Indian-owned business” means an entity organized for the conduct of trade or commerce with respect to which at least 50 percent of the property interests of the entity are owned by Indians or Indian tribes (or a combination thereof).
(6) Indian tribe
The term “Indian tribe” has the meaning given that term in section 5304(e) of this title.
(7) Secretary
The term “Secretary” means the Secretary of Commerce.
(8) Tribal enterprise
The term “tribal enterprise” means a commercial activity or business managed or controlled by an Indian tribe.
(9) Tribal organization
The term “tribal organization” has the meaning given that term in section 5304(l) of this title.
(Pub. L. 106–464, § 3, Nov. 7, 2000, 114 Stat. 2013.)
25 U.S.C. § 4351 (INDIANS)
§ 4351. Purposes
The purposes of this chapter are—
(1) to enhance and integrate Native American tourism—
(A) to empower Native American communities; and
(B) to advance the National Travel and Tourism Strategy;
(2) to increase coordination and collaboration between Federal tourism assets to support Native American tourism and bolster recreational travel and tourism;
(3) to expand heritage and cultural tourism opportunities in the United States to spur economic development, create jobs, and increase tourism revenues;
(4) to enhance and improve self-determination and self-governance capabilities in the Native American community and to promote greater self-sufficiency;
(5) to encourage Indian tribes, tribal organizations, and Native Hawaiian organizations to engage more fully in Native American tourism activities to increase visitation to rural and remote areas in the United States that are too difficult to access or are unknown to domestic travelers and international tourists;
(6) to provide grants, loans, and technical assistance to Indian tribes, tribal organizations, and Native Hawaiian organizations that will—
(A) spur important infrastructure development;
(B) increase tourism capacity; and
(C) elevate living standards in Native American communities; and
(7) to support the development of technologically innovative projects that will incorporate recreational travel and tourism information and data from Federal assets to improve the visitor experience.
(Pub. L. 114–221, § 2, Sept. 23, 2016, 130 Stat. 847.)
heading: Short Title
text: Pub. L. 114–221, § 1, Sept. 23, 2016, 130 Stat. 847, provided that: “This Act [enacting this chapter] may be cited as the ‘Native American Tourism and Improving Visitor Experience Act’ or the ‘NATIVE Act’.”
25 U.S.C. § 4352 (INDIANS)
§ 4352. Definitions
In this chapter:
(1) Agency
The term “agency” has the meaning given the term in section 551 of title 5.
(2) Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304 of this title.
(3) Native Hawaiian organization
The term “Native Hawaiian organization” means a nonprofit organization—
(A) that serves the interests of Native Hawaiians;
(B) in which Native Hawaiians serve in substantive and policymaking positions; and
(C) that is recognized for having expertise in Native Hawaiian culture and heritage, including tourism.
(4) Tribal organization
The term “tribal organization” has the meaning given the term in section 5304 of this title.
(Pub. L. 114–221, § 3, Sept. 23, 2016, 130 Stat. 848.)
25 U.S.C. § 4354 (INDIANS)
§ 4354. Native American tourism and branding enhancement
(a) In general
The head of each agency shall—
(1) take actions that help empower Indian tribes, tribal organizations, and Native Hawaiian organizations to showcase the heritage, foods, traditions, history, and continuing vitality of Native American communities;
(2) support the efforts of Indian tribes, tribal organizations, and Native Hawaiian organizations—
(A) to identify and enhance or maintain traditions and cultural features that are important to sustain the distinctiveness of the local Native American community; and
(B) to provide visitor experiences that are authentic and respectful;
(3) provide assistance to interpret the connections between the indigenous peoples of the United States and the national identity of the United States;
(4) enhance efforts to promote understanding and respect for diverse cultures and subcultures in the United States and the relevance of those cultures to the national brand of the United States; and
(5) enter into appropriate memoranda of understanding and establish public-private partnerships to ensure that arriving domestic travelers at airports and arriving international visitors at ports of entry are welcomed in a manner that both showcases and respects the diversity of Native American communities.
(b) Grants
To the extent practicable, grant programs relating to travel, recreation, or tourism administered by the Commissioner of the Administration for Native Americans, Chairman of the National Endowment for the Arts, Chairman of the National Endowment for the Humanities, or the head of an agency with assets or resources relating to travel, recreation, or tourism promotion or branding enhancement for which Indian tribes, tribal organizations, or Native Hawaiian organizations are eligible may be used—
(1) to support the efforts of Indian tribes, tribal organizations, and Native Hawaiian organizations to tell the story of Native Americans as the First Peoples of the United States;
(2) to use the arts and humanities to help revitalize Native communities, promote economic development, increase livability, and present the uniqueness of the United States to visitors in a way that celebrates the diversity of the United States; and
(3) to carry out this section.
(c) Smithsonian
The Advisory Council and the Board of Regents of the Smithsonian Institution shall work with Indian tribes, tribal organizations, Native Hawaiian organizations, and nonprofit organizations to establish long-term partnerships with non-Smithsonian museums and educational and cultural organizations—
(1) to share collections, exhibitions, interpretive materials, and educational strategies; and
(2) to conduct joint research and collaborative projects that would support tourism efforts for Indian tribes, tribal organizations, and Native Hawaiian organizations and carry out the intent of this section.
(Pub. L. 114–221, § 5, Sept. 23, 2016, 130 Stat. 850.)
25 U.S.C. § 4355 (INDIANS)
§ 4355. Effect
Nothing in this chapter alters, or demonstrates congressional support for the alteration of, the legal relationship between the United States and any American Indian, Alaska Native, or Native Hawaiian individual, group, organization, or entity.
(Pub. L. 114–221, § 6, Sept. 23, 2016, 130 Stat. 851.)
25 U.S.C. § 5101 (INDIANS)
§ 5101. Allotment of land on Indian reservations
On and after June 18, 1934, no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian.
(June 18, 1934, ch. 576, § 1, 48 Stat. 984.)
heading: Codification
text: Section was formerly classified to section 461 of this title prior to editorial reclassification and renumbering as this section.
heading: Short Title of 2004 Amendment
text: Pub. L. 108–204, § 1(a), Mar. 2, 2004, 118 Stat. 542, provided that: “This Act [amending section 5123 of this title and former sections 640d–24 and 712e of this title and provisions set out as notes under section 301 of Title 7, Agriculture, section 7420 of Title 10, Armed Forces, and section 431 of Title 16, Conservation] may be cited as the ‘Native American Technical Corrections Act of 2004’.”
heading: Short Title of 1994 Amendment
text: Pub. L. 103–454, title I, § 101, Nov. 2, 1994, 108 Stat. 4791, provided that: “This title [enacting sections 5130 and 5131 of this title and provisions set out as a note under section 5130 of this title] may be cited as the ‘Federally Recognized Indian Tribe List Act of 1994’.”
heading: Short Title
text: Act June 18, 1934, ch. 576, 48 Stat. 984, which enacted this section and sections 5102, 5103, 5107 to 5113, 5115, 5116, 5118, 5120, 5121, 5123 to 5125, and 5129 of this title, is popularly known as the “Indian Reorganization Act”.
25 U.S.C. § 5102 (INDIANS)
§ 5102. Existing periods of trust and restrictions on alienation extended
The existing periods of trust placed upon any Indian lands and any restriction on alienation thereof are extended and continued until otherwise directed by Congress.
(June 18, 1934, ch. 576, § 2, 48 Stat. 984.)
heading: Codification
text: Section was formerly classified to section 462 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5104 (INDIANS)
§ 5104. Exchanges of land
For the purpose of effecting land consolidations between Indians and non-Indians within the reservation, the Secretary of the Interior is authorized, under such rules and regulations as he may prescribe, to acquire through purchase, exchange, or relinquishment, any interest in lands, water rights, or surface rights to lands within said reservation. Exchanges of lands hereunder shall be made on the basis of equal value and the value of improvements on lands to be relinquished to the Indians or by Indians to non-Indians shall be given due consideration and allowance made therefor in the valuation of lieu lands. This section shall apply to tribal, trust, or otherwise restricted Indian allotments whether the allottee be living or deceased.
(Aug. 10, 1939, ch. 662, § 2, 53 Stat. 1351.)
heading: Codification
text: Section was formerly classified to section 463e of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5105 (INDIANS)
§ 5105. Title to lands
Title to lands or any interest therein acquired pursuant to this Act for Indian use shall be taken in the name of the United States of America in trust for the tribe or individual Indian for which acquired.
(Aug. 10, 1939, ch. 662, § 3, 53 Stat. 1351.)
heading: References in Text
text: This Act, referred to in text, is act Aug. 10, 1939, ch. 662, 53 Stat. 1351, which is classified principally to sections 5104 to 5106 of this title. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 463f of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5106 (INDIANS)
§ 5106. Use of funds appropriated under section 5108
For the purpose of carrying into effect the land-purchase provision of this Act, the Secretary of the Interior is authorized to use so much as may be necessary of any funds heretofore or hereafter appropriated pursuant to section 5108 of this title.
(Aug. 10, 1939, ch. 662, § 4, 53 Stat. 1351.)
heading: References in Text
text: This Act, referred to in text, is act Aug. 10, 1939, ch. 662, 53 Stat. 1351, which is classified principally to sections 5104 to 5106 of this title. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 463g of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5108 (INDIANS)
§ 5108. Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax exemption
The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians.
For the acquisition of such lands, interests in lands, water rights, and surface rights, and for expenses incident to such acquisition, there is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, a sum not to exceed $2,000,000 in any one fiscal year: Provided, That no part of such funds shall be used to acquire additional land outside of the exterior boundaries of Navajo Indian Reservation for the Navajo Indians in Arizona, nor in New Mexico, in the event that legislation to define the exterior boundaries of the Navajo Indian Reservation in New Mexico, and for other purposes, or similar legislation, becomes law.
The unexpended balances of any appropriations made pursuant to this section shall remain available until expended.
Title to any lands or rights acquired pursuant to this Act or the Act of July 28, 1955 (69 Stat. 392), as amended (25 U.S.C. 608 et seq.) 1 shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired, and such lands or rights shall be exempt from State and local taxation.
(June 18, 1934, ch. 576, § 5, 48 Stat. 985; Pub. L. 100–581, title II, § 214, Nov. 1, 1988, 102 Stat. 2941.)
heading: References in Text
text: This Act, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables.
Act of July 28, 1955, referred to in text, is act July 28, 1955, ch. 423, 69 Stat. 392, which was classified to sections 608 to 608c of this title prior to omission from the Code as being of special and not general application.
heading: Codification
text: Section was formerly classified to section 465 of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1988—Pub. L. 100–581 inserted “or the Act of July 28, 1955 (69 Stat. 392), as amended (25 U.S.C. 608 et seq.)” after “this Act”.
25 U.S.C. § 5109 (INDIANS)
§ 5109. Indian forestry units; rules and regulations
The Secretary of the Interior is directed to make rules and regulations for the operation and management of Indian forestry units on the principle of sustained-yield management, to restrict the number of livestock grazed on Indian range units to the estimated carrying capacity of such ranges, and to promulgate such other rules and regulations as may be necessary to protect the range from deterioration, to prevent soil erosion, to assure full utilization of the range, and like purposes.
(June 18, 1934, ch. 576, § 6, 48 Stat. 986.)
heading: Codification
text: Section was formerly classified to section 466 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5110 (INDIANS)
§ 5110. New Indian reservations
The Secretary of the Interior is hereby authorized to proclaim new Indian reservations on lands acquired pursuant to any authority conferred by this Act, or to add such lands to existing reservations: Provided, That lands added to existing reservations shall be designated for the exclusive use of Indians entitled by enrollment or by tribal membership to residence at such reservations.
(June 18, 1934, ch. 576, § 7, 48 Stat. 986.)
heading: References in Text
text: This Act, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 467 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5111 (INDIANS)
§ 5111. Allotments or holdings outside of reservations
Nothing contained in this Act shall be construed to relate to Indian holdings of allotments or homesteads upon the public domain outside of the geographic boundaries of any Indian reservation now existing or established hereafter.
(June 18, 1934, ch. 576, § 8, 48 Stat. 986.)
heading: References in Text
text: This Act, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 468 of this title prior to editorial reclassification and renumbering as this section.