dreamproit/uscode huggingface dataset:
25 U.S.C. § 3051 (INDIANS)
§ 3051. Purposes
The purposes of this chapter are—
(1) to authorize the reburial of human remains and cultural items on National Forest System land, including human remains and cultural items repatriated under the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);
(2) to prevent the unauthorized disclosure of information regarding reburial sites, including the quantity and identity of human remains and cultural items on sites and the location of sites;
(3) to authorize the Secretary of Agriculture to ensure access to National Forest System land, to the maximum extent practicable, by Indians and Indian tribes for traditional and cultural purposes;
(4) to authorize the Secretary to provide forest products, without consideration, to Indian tribes for traditional and cultural purposes;
(5) to authorize the Secretary to protect the confidentiality of certain information, including information that is culturally sensitive to Indian tribes;
(6) to increase the availability of Forest Service programs and resources to Indian tribes in support of the policy of the United States to promote tribal sovereignty and self-determination; and
(7) to strengthen support for the policy of the United States of protecting and preserving the traditional, cultural, and ceremonial rites and practices of Indian tribes, in accordance with Public Law 95–341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. 1996).
(Pub. L. 110–234, title VIII, § 8101, May 22, 2008, 122 Stat. 1286; Pub. L. 110–246, § 4(a), title VIII, § 8101, June 18, 2008, 122 Stat. 1664, 2048.)
heading: References in Text
text: The Native American Graves Protection and Repatriation Act, referred to in par. (1), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.
The American Indian Religious Freedom Act, referred to in par. (7), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to sections 1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1996 of Title 42 and Tables.
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 L. 110–234 was repealed by section 4(a) of Pub.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.
heading: Effective Date
text: Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
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.
heading: Effective Date
text: Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.
25 U.S.C. § 3053 (INDIANS)
§ 3053. Reburial of human remains and cultural items
(a) Reburial sites
In consultation with an affected Indian tribe or lineal descendant, the Secretary may authorize the use of National Forest System land by the Indian tribe or lineal descendant for the reburial of human remains or cultural items in the possession of the Indian tribe or lineal descendant that have been disinterred from National Forest System land or an adjacent site.
(b) Reburial
With the consent of the affected Indian tribe or lineal descendent, the Secretary may recover and rebury, at Federal expense or using other available funds, human remains and cultural items described in subsection (a) at the National Forest System land identified under that subsection.
(c) Authorization of use
(1) In general
Subject to paragraph (2), the Secretary may authorize such uses of reburial sites on National Forest System land, or on the National Forest System land immediately surrounding a reburial site, as the Secretary determines to be necessary for management of the National Forest System.
(2) Avoidance of adverse impacts
In carrying out paragraph (1), the Secretary shall avoid adverse impacts to cultural items and human remains, to the maximum extent practicable.
(Pub. L. 110–234, title VIII, § 8103, May 22, 2008, 122 Stat. 1287; Pub. L. 110–246, § 4(a), title VIII, § 8103, June 18, 2008, 122 Stat. 1664, 2049.)
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.
heading: Effective Date
text: Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
25 U.S.C. § 3054 (INDIANS)
§ 3054. Temporary closure for traditional and cultural purposes
(a) Recognition of historic use
To the maximum extent practicable, the Secretary shall ensure access to National Forest System land by Indians for traditional and cultural purposes, in accordance with subsection (b), in recognition of the historic use by Indians of National Forest System land.
(b) Closing land from public access
(1) Authority to close
Upon the approval by the Secretary of a request from an Indian tribe, the Secretary may temporarily close from public access specifically identified National Forest System land to protect the privacy of tribal activities for traditional and cultural purposes.
(2) Limitation
A closure of National Forest System land under paragraph (1) shall affect the smallest practicable area for the minimum period necessary for activities of the applicable Indian tribe.
(3) Consistency
Access by Indian tribes to National Forest System land under this subsection shall be consistent with the purposes of Public Law 95–341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. 1996).
(Pub. L. 110–234, title VIII, § 8104, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, § 4(a), title VIII, § 8104, June 18, 2008, 122 Stat. 1664, 2049.)
heading: References in Text
text: The American Indian Religious Freedom Act, referred to in subsec. (b)(3), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to sections 1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1996 of Title 42 and Tables.
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.
heading: Effective Date
text: Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
25 U.S.C. § 3055 (INDIANS)
§ 3055. Forest products for traditional and cultural purposes
(a) In general
Notwithstanding section 472a of title 16, the Secretary may provide free of charge to Indian tribes any trees, portions of trees, or forest products from National Forest System land for traditional and cultural purposes.
(b) Prohibition
Trees, portions of trees, or forest products provided under subsection (a) may not be used for commercial purposes.
(Pub. L. 110–234, title VIII, § 8105, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, § 4(a), title VIII, § 8105, June 18, 2008, 122 Stat. 1664, 2050.)
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.
heading: Effective Date
text: Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
25 U.S.C. § 3056 (INDIANS)
§ 3056. Prohibition on disclosure
(a) Nondisclosure of information
(1) In general
The Secretary shall not disclose under section 552 of title 5 (commonly known as the “Freedom of Information Act”), information relating to—
(A) subject to subsection (b)(l),1 human remains or cultural items reburied on National Forest System land under section 3053 of this title; or
(B) subject to subsection (b)(2), resources, cultural items, uses, or activities that—
(i) have a traditional and cultural purpose; and
(ii) are provided to the Secretary by an Indian or Indian tribe under an express expectation of confidentiality in the context of forest and rangeland research activities carried out under the authority of the Forest Service.
(2) Limitations on disclosure
Subject to subsection (b)(2), the Secretary shall not be required to disclose information under section 552 of title 5 (commonly known as the “Freedom of Information Act”), concerning the identity, use, or specific location in the National Forest System of—
(A) a site or resource used for traditional and cultural purposes by an Indian tribe; or
(B) any cultural items not covered under section 3053 of this title.
(b) Limited release of information
(1) Reburial
The Secretary may disclose information described in subsection (a)(l)(A) 2 if, before the disclosure, the Secretary—
(A) consults with an affected Indian tribe or lineal descendent;
(B) determines that disclosure of the information—
(i) would advance the purposes of this chapter; and
(ii) is necessary to protect the human remains or cultural items from harm, theft, or destruction; and
(C) attempts to mitigate any adverse impacts identified by an Indian tribe or lineal descendant that reasonably could be expected to result from disclosure of the information.
(2) Other information
The Secretary, in consultation with appropriate Indian tribes, may disclose information described under paragraph (1)(B) or (2) of subsection (a) if the Secretary determines that disclosure of the information to the public—
(A) would advance the purposes of this chapter;
(B) would not create an unreasonable risk of harm, theft, or destruction of the resource, site, or object, including individual organic or inorganic specimens; and
(C) would be consistent with other applicable laws.
(Pub. L. 110–234, title VIII, § 8106, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, § 4(a), title VIII, § 8106, June 18, 2008, 122 Stat. 1664, 2050.)
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.
heading: Effective Date
text: Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
25 U.S.C. § 3057 (INDIANS)
§ 3057. Severability and savings provisions
(a) Severability
If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance is held invalid, the application of such provision or circumstance and the remainder of this chapter shall not be affected thereby.
(b) Savings
Nothing in this chapter—
(1) diminishes or expands the trust responsibility of the United States to Indian tribes, or any legal obligation or remedy resulting from that responsibility;
(2) alters, abridges, repeals, or affects any valid agreement between the Forest Service and an Indian tribe;
(3) alters, abridges, diminishes, repeals, or affects any reserved or other right of an Indian tribe; or
(4) alters, abridges, diminishes, repeals, or affects any other valid existing right relating to National Forest System land or other public land.
(Pub. L. 110–234, title VIII, § 8107, May 22, 2008, 122 Stat. 1289; Pub. L. 110–246, § 4(a), title VIII, § 8107, June 18, 2008, 122 Stat. 1664, 2051.)
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.
heading: Effective Date
text: Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.
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
(A) In general
The terms “Indian tribe” and “tribe” have the meaning given the term “Indian tribe” in section 5304 of this title.
(B) Inclusion
The term “Indian tribe” includes tribal organizations (as defined in section 5304 of this title).
(3) Indian
The term “Indian” shall have the meaning given such term in section 5304(d) of this title.
(4) Program
The term “program” means a program described in section 3404(a) of this title.
(5) 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; Pub. L. 115–93, § 4, Dec. 18, 2017, 131 Stat. 2026.)
heading: Amendments
text: 2017—Par. (2). Pub. L. 115–93, § 4(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The terms ‘Indian tribe’ and ‘tribe’ shall have the meaning given the term ‘Indian tribe’ in section 5304(e) of this title.”
Pars. (4), (5). Pub. L. 115–93, § 4(2), (3), added par. (4) and redesignated former par. (4) as (5).
2000—Pub. L. 106–568 added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively.
25 U.S.C. § 3403 (INDIANS)
§ 3403. Integration of services authorized
The Secretary shall, after approving a plan submitted by an Indian tribe in accordance with section 3407 of this title, authorize the Indian tribe to, in accordance with the plan—
(1) integrate the programs and Federal funds received by the Indian tribe in accordance with waiver authority granted under section 3406(d) of this title; and
(2) coordinate the employment, training, and related services provided with those funds in a consolidated and comprehensive tribal plan.
(Pub. L. 102–477, § 4, Oct. 23, 1992, 106 Stat. 2302; Pub. L. 115–93, § 5, Dec. 18, 2017, 131 Stat. 2027.)
heading: Amendments
text: 2017—Pub. L. 115–93 amended section generally. Prior to amendment, text read as follows: “The Secretary of the Interior, in cooperation with the appropriate Secretary of Labor, Secretary of Health and Human Services, or Secretary of Education, shall, upon the receipt of a plan acceptable to the Secretary of the Interior submitted by an Indian tribal government, authorize the tribal government to coordinate, in accordance with such plan, its federally funded employment, training, and related services programs in a manner that integrates the program services involved into a single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions.”
25 U.S.C. § 3405 (INDIANS)
§ 3405. Plan requirements
A plan submitted to the Secretary for approval under this chapter shall—
(1) identify the programs to be integrated and consolidated;
(2) be consistent with the purposes of this chapter;
(3) describe—
(A) a comprehensive strategy identifying the full range of potential employment opportunities on and near the service area of the Indian tribe;
(B) the education, training, and related services to be provided to assist Indians to access those employment opportunities;
(C) the way in which services and program funds are to be integrated, consolidated, and delivered; and
(D) the results expected, including the expected number of program participants in unsubsidized employment during the second quarter after exit from the program, from the plan;
(4) identify the projected expenditures under the plan in a single budget covering all consolidated funds;
(5) identify any agency of the Indian tribe to be involved in the delivery of the services integrated under the plan;
(6) identify any statutory provisions, regulations, policies, or procedures that the Indian tribe believes need to be waived to implement the plan; and
(7) be approved by the governing body of the Indian tribe.
(Pub. L. 102–477, § 6, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 115–93, § 7, Dec. 18, 2017, 131 Stat. 2028.)
heading: Amendments
text: 2017—Pub. L. 115–93 amended section generally. Prior to amendment, section related to plan requirements, consisting of eight pars.
25 U.S.C. § 3409 (INDIANS)
§ 3409. Employer training placements
(a) In general
Subject to subsection (b), an Indian tribe that has in place an approved plan under this chapter may use the funds made available for the plan under this chapter—
(1) to place participants in training positions with employers; and
(2) to pay the participants a training allowance or wage for a training period of not more than 24 months, which may be nonconsecutive.
(b) Requirements
An Indian tribe may carry out subsection (a) only if the Indian tribe enters into a written agreement with each applicable employer under which the employer shall agree—
(1) to provide on-the-job training to the participants; and
(2) on satisfactory completion of the training period described in subsection (a)(2), to prioritize the provision of permanent employment to the participants.
(Pub. L. 102–477, § 10, Oct. 23, 1992, 106 Stat. 2304; Pub. L. 115–93, § 10, Dec. 18, 2017, 131 Stat. 2032.)
heading: Amendments
text: 2017—Pub. L. 115–93 amended section generally. Prior to amendment, text read as follows: “A tribal government participating in a demonstration program under this chapter is authorized to utilize funds available under such plan to place participants in training positions with private employers and pay such participants a training allowance or wage for a period not to exceed 12 months, if the tribal government obtains a written agreement from the private employer to provide on-the-job training to such participants and, upon satisfactory completion of the training period, to guarantee permanent employment to such participants for a minimum of 12 months.”
25 U.S.C. § 3411 (INDIANS)
§ 3411. No reduction in amounts
(a) In general
In no case shall the amount of Federal funds available to an Indian tribe that has in place an approved plan under this chapter be reduced as a result of—
(1) the enactment of this chapter; or
(2) the approval or implementation of a plan of an Indian tribe under this chapter.
(b) Interaction with other laws
The inclusion of a program in a tribal plan under this chapter shall not—
(1) modify, limit, or otherwise affect the eligibility of the program for contracting under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); or
(2) eliminate the applicability of any provision of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), as the provision relates to a specific program eligible for contracting under that Act.
(Pub. L. 102–477, § 12, Oct. 23, 1992, 106 Stat. 2304; Pub. L. 115–93, § 12, Dec. 18, 2017, 131 Stat. 2034.)
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b), 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: Amendments
text: 2017—Pub. L. 115–93 amended section generally. Prior to amendment, text read as follows: “In no case shall the amount of Federal funds available to a tribal government involved in any demonstration project be reduced as a result of the enactment of this chapter.”