dreamproit/uscode huggingface dataset:
25 U.S.C. § 5391 (INDIANS)
§ 5391. Civil actions
(a) Contract defined
For the purposes of section 5331 of this title, the term “contract” shall include compacts and funding agreements entered into under this subchapter.
(b) Applicability of certain laws
Section 81 of this title and section 5123 of this title, shall not apply to attorney and other professional contracts entered into by Indian tribes participating in self-governance under this subchapter.
(c) References
All references in this chapter to section 5201 of this title are hereby deemed to include section 82a of this title.
(Pub. L. 93–638, title V, § 511, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 726.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance 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 5301 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 458aaa–10 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5393 (INDIANS)
§ 5393. Budget request
(a) Requirement of annual budget request
(1) In general
The President shall identify in the annual budget request submitted to Congress under section 1105 of title 31 all funds necessary to fully fund all funding agreements authorized under this subchapter, including funds specifically identified to fund tribal base budgets. All funds so appropriated shall be apportioned to the Indian Health Service. Such funds shall be provided to the Office of Tribal Self-Governance which shall be responsible for distribution of all funds provided under section 5385 of this title.
(2) Rule of construction
Nothing in this subsection shall be construed to authorize the Indian Health Service to reduce the amount of funds that a self-governance tribe is otherwise entitled to receive under its funding agreement or other applicable law, whether or not such funds are apportioned to the Office of Tribal Self-Governance under this section.
(b) Present funding; shortfalls
In such budget request, the President shall identify the level of need presently funded and any shortfall in funding (including direct program and contract support costs) for each Indian tribe, either directly by the Secretary of Health and Human Services, under self-determination contracts, or under compacts and funding agreements authorized under this subchapter.
(Pub. L. 93–638, title V, § 513, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 727.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 458aaa–12 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5395 (INDIANS)
§ 5395. Disclaimers
(a) No funding reduction
Nothing in this subchapter shall be construed to limit or reduce in any way the funding for any program, project, or activity serving an Indian tribe under this or other applicable Federal law. Any Indian tribe that alleges that a compact or funding agreement is in violation of this section may apply the provisions of section 5331 of this title.
(b) Federal trust and treaty responsibilities
Nothing in this chapter shall be construed to diminish in any way the trust responsibility of the United States to Indian tribes and individual Indians that exists under treaties, Executive orders, or other laws and court decisions.
(c) Obligations of the United States
The Indian Health Service under this chapter shall neither bill nor charge those Indians who may have the economic means to pay for services, nor require any Indian tribe to do so.
(Pub. L. 93–638, title V, § 515, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 729.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsecs. (b) and (c), was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance 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 5301 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 458aaa–14 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5396 (INDIANS)
§ 5396. Application of other sections of this chapter
(a) Mandatory application
All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
(b) Discretionary application
At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
(Pub. L. 93–638, title V, § 516, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 729.)
heading: Editorial Notes
heading: References in Text
text: Section 314 of Pub. L. 101–512, referred to in subsec. (a), is section 314 of Pub. L. 101–512, as amended, which is set out as a note under section 5321 of this title.
Subchapter I of this chapter, referred to in subsec. (b), was in the original “title I”, meaning title I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to subchapter I (§ 5321 et seq.) of this chapter. For complete classification of title I to the Code, see Short Title note set out under section 5301 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 458aaa–15 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5397 (INDIANS)
§ 5397. Regulations
(a) In general
(1) Promulgation
Not later than 90 days after August 18, 2000, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this subchapter.
(2) Publication of proposed regulations
Proposed regulations to implement this subchapter shall be published in the Federal Register by the Secretary no later than 1 year after August 18, 2000.
(3) Expiration of authority
The authority to promulgate regulations under paragraph (1) shall expire 21 months after August 18, 2000.
(b) Committee
(1) In general
A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this section shall have as its members only Federal and tribal government representatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this chapter.
(2) Requirements
The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.
(c) Adaptation of procedures
The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian tribes.
(d) Effect
The lack of promulgated regulations shall not limit the effect of this subchapter.
(e) Effect of circulars, policies, manuals, guidances, and rules
Unless expressly agreed to by the participating Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Indian Health Service, except for the eligibility provisions of section 5324(g) of this title and regulations promulgated under this section.
(Pub. L. 93–638, title V, § 517, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (b)(1), was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance 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 5301 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 458aaa–16 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5398 (INDIANS)
§ 5398. Appeals
In any appeal (including civil actions) involving decisions made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by clear and convincing evidence—
(1) the validity of the grounds for the decision made; and
(2) that the decision is fully consistent with provisions and policies of this subchapter.
(Pub. L. 93–638, title V, § 518, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5399 (INDIANS)
§ 5399. Authorization of appropriations
(a) In general
There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(b) Availability of appropriations
Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
(Pub. L. 93–638, title V, § 519, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 731.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance 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 5301 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 458aaa–18 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5411 (INDIANS)
§ 5411. Definitions
In this subchapter:
(1) Board
The term “Board” means the Board of Directors of the Foundation.
(2) Bureau
The term “Bureau” means the Office of Justice Services of the Bureau of Indian Affairs.
(3) Committee
The term “Committee” means the Committee for the Establishment of the Indian Law Enforcement Foundation established under section 5412(e)(1) of this title.
(4) Foundation
The term “Foundation” means the Indian Law Enforcement Foundation established under section 5412 of this title.
(5) Secretary
The term “Secretary” means the Secretary of the Interior.
(Pub. L. 93–638, title VII, § 701, as added Pub. L. 111–211, title II, § 231(c), July 29, 2010, 124 Stat. 2274.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 458ccc of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5413 (INDIANS)
§ 5413. Administrative services and support
(a) Provision of support by Secretary
Subject to subsection (b), during the 5-year period beginning on the date on which the Foundation is established, the Secretary—
(1) may provide personnel, facilities, and other administrative support services to the Foundation;
(2) may provide funds for initial operating costs and to reimburse the travel expenses of the members of the Board; and
(3) shall require and accept reimbursements from the Foundation for—
(A) services provided under paragraph (1); and
(B) funds provided under paragraph (2).
(b) Reimbursement
Reimbursements accepted under subsection (a)(3)—
(1) shall be deposited in the Treasury of the United States to the credit of the applicable appropriations account; and
(2) shall be chargeable for the cost of providing services described in subsection (a)(1) and travel expenses described in subsection (a)(2).
(c) Continuation of certain services
The Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection (a) if the facilities and services are—
(1) available; and
(2) provided on reimbursable cost basis.
(Pub. L. 93–638, title VII, § 703, as added Pub. L. 111–211, title II, § 231(c), July 29, 2010, 124 Stat. 2277.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 458ccc–2 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5422 (INDIANS)
§ 5422. Administrative services and support
(a) Provision of support by Secretary
Subject to subsection (b) of this section, during the 5-year period beginning on the date that the Foundation is established, the Secretary—
(1) may provide personnel, facilities, and other administrative support services to the Foundation;
(2) may provide funds to reimburse the travel expenses of the members of the Board under section 5421 of this title; and
(3) shall require and accept reimbursements from the Foundation for any—
(A) services provided under paragraph (1); and
(B) funds provided under paragraph (2).
(b) Reimbursements
Reimbursements accepted under subsection (a)(3) of this section shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing services described in subsection (a)(1) of this section and the travel expenses described in subsection (a)(2) of this section.
(c) Continuation of certain services
Notwithstanding any other provision of this section, the Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection (a) of this section, on a space available, reimbursable cost basis.
(Pub. L. 93–638, title VIII, § 802, formerly title V, § 502, as added Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2938; renumbered title VIII, § 802, and amended Pub. L. 111–211, title II, § 231(d), July 29, 2010, 124 Stat. 2278.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 458ddd–1 of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2010—Subsec. (a)(2). Pub. L. 111–211, § 231(d)(3), substituted reference to section 5421 of this title for reference to former section 458bbb of this title.
25 U.S.C. § 5423 (INDIANS)
§ 5423. Definitions
For the purposes of this subchapter—
(1) the term “Bureau funded school” has the meaning given that term in title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.];
(2) the term “Foundation” means the Foundation established by the Secretary pursuant to section 5421 of this title; and
(3) the term “Secretary” means the Secretary of the Interior.
(Pub. L. 93–638, title VIII, § 803, formerly title V, § 503, as added Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2938; renumbered title VIII, § 803, and amended Pub. L. 111–211, title II, § 231(d), July 29, 2010, 124 Stat. 2278.)
heading: Editorial Notes
heading: References in Text
text: The Education Amendments of 1978, referred to in par. (1), is Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143. Title XI of the Act is classified principally to chapter 22 (§ 2000 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20, Education, and Tables.
heading: Codification
text: Section was formerly classified to section 458ddd–2 of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2010—Par. (2). Pub. L. 111–211, § 231(d)(3), substituted reference to section 5421 of this title for reference to former section 458bbb of this title.
25 U.S.C. § 5502 (INDIANS)
§ 5502. Designation of tribes
(a) Description of lands
The lands, declared by section 5501(a) of this title to be held in trust by the United States for the benefit of the Indian tribes named in this section, are generally described as follows:
Tribe
Reservation
Submarginal land project donated to said tribe or group
Approximate acreage
1. Bad River Band of the Lake Superior Tribe of Chippewa ­Indians of Wisconsin
Bad River
Bad River LI–WI–8
13,148.81
2. Blackfeet Tribe
Blackfeet
Blackfeet LI–MT–9
9,036.73
3. Cherokee Nation of Oklahoma
Delaware LI–OK–4
18,749.19
Adair LI–OK–5
................
4. Cheyenne River Sioux Tribe
Cheyenne River
Cheyenne Indian LI–SD–13
3,738.47
5. Crow Creek Sioux Tribe
Crow Creek
Crow Creek LI–SD–10
19,169.89
6. Lower Brule Sioux Tribe
Lower Brule
Lower Brule LI–SD–10
13,209.22
7. Devils Lake Sioux Tribe
Fort Totten
Fort Totten LI–ND–11
1,424.45
8. Fort Belknap Indian Community
Fort Belknap
Fort Belknap LI–MT–8
25,530.10
9. Assiniboine and Sioux Tribes
Fort Peck
Fort Peck LI–MT–6
85,835.52
10. Lac Courte Oreilles Band of Lake Superior Chippewa Indians
Lac Courte Oreilles
Lac Courte LI–WI–9
13,184.65
11. Keweenaw Bay Indian Community
L’Anse
L’Anse LI–MI–8
4,016.49
12. Minnesota Chippewa Tribe
White Earth
Twin Lakes LI–MN–6
28,544.80
Flat Lake LI–MN–15
................
13. Navajo Tribe
Navajo
Gallup-Two Wells LI–NM–18
69,947.24
14. Oglala Sioux Tribe
Pine Ridge
Pine Ridge LI–SD–7
18,064.48
15. Rosebud Sioux Tribe
Rosebud
Cutmeat LI–SD–8
28,734.59
Antelope LI–SD–9
................
16. Shoshone-Bannock Tribes
Fort Hall
Fort Hall LI–ID–2
8,711.00
17. Standing Rock Sioux Tribe
Standing Rock
Standing Rock LI–ND–10
10,255.50
Standing Rock LI–SD–10
................
(b) Publication in Federal Register of boundaries, etc.; estimation of acreages
The Secretary of the Interior shall cause to be published in the Federal Register the boundaries and descriptions of the lands conveyed by this chapter. The acreages set out in the preceding subsection are estimates and shall not be construed as expanding or limiting the grant of the United States as defined in section 5501 of this title.
(Pub. L. 94–114, § 2, Oct. 17, 1975, 89 Stat. 578; Pub. L. 97–434, § 1(b), Jan. 8, 1983, 96 Stat. 2280.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 459a of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1983—Subsec. (a). Pub. L. 97–434 substituted “section 5501(a) of this title” for “section 5501 of this title”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1983 Amendment
text: Amendment by Pub. L. 97–434 effective Jan. 8, 1983, see section 1(c) of Pub. L. 97–434, set out as a note under section 5501 of this title.
25 U.S.C. § 5503 (INDIANS)
§ 5503. Submarginal lands of United States held in trust for Stockbridge Munsee Indian Community
All of the right, title, and interest of the United States in all the minerals including gas and oil underlying the submarginal lands declared to be held in trust for the Stockbridge Munsee Indian Community by the Act of October 9, 1972 (86 Stat. 795), are hereby declared to be held by the United States in trust for the Stockbridge Munsee Indian Community.
(Pub. L. 94–114, § 3(a), Oct. 17, 1975, 89 Stat. 578.)
heading: Editorial Notes
heading: References in Text
text: Act of October 9, 1972, referred to in text, is Pub. L. 92–480, Oct. 9, 1972, 86 Stat. 795, which was not classified to the Code.
heading: Codification
text: Section is comprised of section 3(a) of Pub. L. 94–114. Section 3(b) of Pub. L. 94–114 repealed section 2 of Pub. L. 92–480, which related to claims offset involving the Stockbridge Munsee Indian Community and was not classified to the Code. Section 3(c) of Pub. L. 94–114 amended section 5 of Pub. L. 92–488, which related to claims offset involving the Burns Indian Colony and was not classified to the Code.
Section was formerly classified to section 459b of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5504 (INDIANS)
§ 5504. Existing rights of possession, contract, interest, etc.
(a) Preservation; force and effect of mineral leases; rejection of pending applications for leases and return of advance rental payments
Nothing in this chapter shall deprive any person of any existing valid right of possession, contract right, interest, or title he may have in the land involved, or of any existing right of access to public domain lands over and across the land involved, as determined by the Secretary of the Interior. All existing mineral leases, including oil and gas leases, which may have been issued or approved pursuant to section 5 of the Mineral Leasing Act for Acquired Lands of August 7, 1947 (61 Stat. 913, 915) [30 U.S.C. 354], or the Mineral Leasing Act of 1920 (41 Stat. 437) [30 U.S.C. 181 et seq.], as amended prior to October 17, 1975, shall remain in force and effect in accordance with the provisions thereof. All applications for mineral leases, including oil and gas leases, pursuant to such Acts, pending on October 17, 1975, and covering any of the minerals conveyed by sections 5501 and 5503 of this title shall be rejected and the advance rental payments returned to the applicants.
(b) Administration of lands
Subject to the provisions of subsection (a) of this section, the property conveyed by this chapter shall hereafter be administered in accordance with the laws and regulations applicable to property held in trust by the United States for Indian tribes, including but not limited to sections 396a to 396g of this title.
(Pub. L. 94–114, § 4, Oct. 17, 1975, 89 Stat. 578.)
heading: Editorial Notes
heading: References in Text
text: The Mineral Leasing Act of 1920, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables.
heading: Codification
text: Section was formerly classified to section 459c of this title prior to editorial reclassification and renumbering as this section.