dreamproit/uscode huggingface dataset:
25 U.S.C. § 1901 (INDIANS)
§ 1901. Congressional findings
Recognizing the special relationship between the United States and the Indian tribes and their members and the Federal responsibility to Indian people, the Congress finds—
(1) that clause 3, section 8, article I of the United States Constitution provides that “The Congress shall have Power * * * To regulate Commerce * * * with Indian tribes 1” and, through this and other constitutional authority, Congress has plenary power over Indian affairs;
(2) that Congress, through statutes, treaties, and the general course of dealing with Indian tribes, has assumed the responsibility for the protection and preservation of Indian tribes and their resources;
(3) that there is no resource that is more vital to the continued existence and integrity of Indian tribes than their children and that the United States has a direct interest, as trustee, in protecting Indian children who are members of or are eligible for membership in an Indian tribe;
(4) that an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children from them by nontribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions; and
(5) that the States, exercising their recognized jurisdiction over Indian child custody proceedings through administrative and judicial bodies, have often failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and families.
(Pub. L. 95–608, § 2, Nov. 8, 1978, 92 Stat. 3069.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 95–608, § 1, Nov. 8, 1987, 92 Stat. 3069, provided: “That this Act [enacting this chapter] may be cited as the ‘Indian Child Welfare Act of 1978’.”
25 U.S.C. § 1933 (INDIANS)
§ 1933. Funds for on and off reservation programs
(a) Appropriated funds for similar programs of Department of Health and Human Services; appropriation in advance for payments
In the establishment, operation, and funding of Indian child and family service programs, both on and off reservation, the Secretary may enter into agreements with the Secretary of Health and Human Services, and the latter Secretary is hereby authorized for such purposes to use funds appropriated for similar programs of the Department of Health and Human Services: Provided, That authority to make payments pursuant to such agreements shall be effective only to the extent and in such amounts as may be provided in advance by appropriation Acts.
(b) Appropriation authorization under section 13 of this title
Funds for the purposes of this chapter may be appropriated pursuant to the provisions of section 13 of this title.
(Pub. L. 95–608, title II, § 203, Nov. 8, 1978, 92 Stat. 3076; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Secretary of Health and Human Services” and “Department of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” and “Department of Health, Education, and Welfare”, respectively, in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.
25 U.S.C. § 1934 (INDIANS)
§ 1934. “Indian” defined for certain purposes
For the purposes of sections 1932 and 1933 of this title, the term “Indian” shall include persons defined in section 1603(c) 1 of this title.
(Pub. L. 95–608, title II, § 204, Nov. 8, 1978, 92 Stat. 3077.)
heading: Editorial Notes
heading: References in Text
text: Section 1603(c) of this title, referred to in text, was redesignated section 1603(13) of this title by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.
25 U.S.C. § 1961 (INDIANS)
§ 1961. Locally convenient day schools
(a) Sense of Congress
It is the sense of Congress that the absence of locally convenient day schools may contribute to the breakup of Indian families.
(b) Report to Congress; contents, etc.
The Secretary is authorized and directed to prepare, in consultation with appropriate agencies in the Department of Health and Human Services, a report on the feasibility of providing Indian children with schools located near their homes, and to submit such report to the Select Committee on Indian Affairs of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives within two years from November 8, 1978. In developing this report the Secretary shall give particular consideration to the provision of educational facilities for children in the elementary grades.
(Pub. L. 95–608, title IV, § 401, Nov. 8, 1978, 92 Stat. 3078; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Department of Health and Human Services” substituted for “Department of Health, Education, and Welfare” in subsec. (b), pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.
Select Committee on Indian Affairs of the Senate redesignated Committee on Indian Affairs of the Senate by section 25 of Senate Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
25 U.S.C. § 2003 (INDIANS)
§ 2003. Codification of regulations
(a) Part 32 of Title 25, Code of Federal Regulations
The provisions of part 32 of title 25, Code of Federal Regulations, as in effect on January 1, 1987, are incorporated into this Act and shall be treated as though such provisions are set forth in this subsection. Such provisions may be altered only by means of an Act of Congress. To the extent that such provisions of part 32 do not conform with this Act or any statutory provision of law enacted before November 1, 1978, the provisions of this Act and the provisions of such other statutory law shall govern.
(b) Definition of regulation
In this section, the term “regulation” means any rule, regulation, guideline, interpretation, order, or requirement of general applicability prescribed by any officer or employee of the executive branch.
(Pub. L. 95–561, title XI, § 1123, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2019.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (a), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 6301 of Title 20, Education, and Tables.
heading: Prior Provisions
text: A prior section 2003, Pub. L. 95–561, title XI, § 1123, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3985, related to the incorporation of regulations into, or the application of regulations to, Pub. L. 95–561, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2003, Pub. L. 95–561, title XI, § 1123, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100–297, title V, § 5106, Apr. 28, 1988, 102 Stat. 367, related to the incorporation of regulations into, or the application of regulations to, Pub. L. 95–561, prior to the general amendment of this chapter by Pub. L. 103–382.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 a note under section 6301 of Title 20, Education.
25 U.S.C. § 2009 (INDIANS)
§ 2009. Division of Budget Analysis
(a) Establishment
Not later than 1 year after January 8, 2002, the Secretary shall establish within the Office of Indian Education Programs a Division of Budget Analysis (hereafter in this section referred to as the “Division”). Such Division shall be under the direct supervision and control of the Director of the Office.
(b) Functions
In consultation with the tribal governing bodies and tribal school boards, the Director of the Office, through the Division, shall conduct studies, surveys, or other activities to gather demographic information on Bureau-funded schools and project the amount necessary to provide Indian students in such schools the educational program set forth in this chapter.
(c) Annual reports
Not later than the date on which the Assistant Secretary for Indian Affairs makes the annual budget submission, for each fiscal year after January 8, 2002, the Director of the Office shall submit to the appropriate committees of Congress (including the Appropriations committees), all Bureau-funded schools, and the tribal governing bodies of such schools, a report that contains—
(1) projections, based upon the information gathered pursuant to subsection (b) and any other relevant information, of amounts necessary to provide Indian students in Bureau-funded schools the educational program set forth in this chapter;
(2) a description of the methods and formulas used to calculate the amounts projected pursuant to paragraph (1); and
(3) such other information as the Director of the Office considers appropriate.
(d) Use of reports
The Director of the Office and the Assistant Secretary for Indian Affairs shall use the annual report required by subsection (c) when preparing annual budget submissions.
(Pub. L. 95–561, title XI, § 1129, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2038.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2009, Pub. L. 95–561, title XI, § 1129, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3998, related to Division of Budget Analysis, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2009, Pub. L. 95–561, title XI, § 1129, Nov. 1, 1978, 92 Stat. 2321; Pub. L. 98–511, title V, §§ 506, 507(a), Oct. 19, 1984, 98 Stat. 2395, 2396; Pub. L. 99–89, § 6, Aug. 15, 1985, 99 Stat. 382; Pub. L. 99–570, title IV, § 4133(b)(4), Oct. 27, 1986, 100 Stat. 3207–134; Pub. L. 100–297, title V, §§ 5109, 5110, 5118, Apr. 28, 1988, 102 Stat. 375, 376, 382; Pub. L. 100–427, §§ 6, 9(d), Sept. 9, 1988, 102 Stat. 1605, 1607, related to uniform direct funding and support, prior to the general amendment of this chapter by Pub. L. 103–382.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 a note under section 6301 of Title 20, Education.
25 U.S.C. § 2013 (INDIANS)
§ 2013. Computerized management information system
(a) In general
Not later than 12 months after January 8, 2002, the Secretary shall update the computerized management information system within the Office. The information to be updated shall include information regarding—
(1) student enrollment;
(2) curricula;
(3) staffing;
(4) facilities;
(5) community demographics;
(6) student assessment information;
(7) information on the administrative and program costs attributable to each Bureau program, divided into discrete elements;
(8) relevant reports;
(9) personnel records;
(10) finance and payroll; and
(11) such other items as the Secretary determines to be appropriate.
(b) Implementation of system
Not later than July 1, 2003, the Secretary shall complete the implementation of the updated computerized management information system at each Bureau field office and Bureau-funded school.
(Pub. L. 95–561, title XI, § 1133, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2055.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2013, Pub. L. 95–561, title XI, § 1133, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4010, related to management information system, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2013, Pub. L. 95–561, title XI, § 1133, Nov. 1, 1978, 92 Stat. 2327, related to Bureau education policies, practices, and procedures, prior to the general amendment of this chapter by Pub. L. 103–382.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 a note under section 6301 of Title 20, Education.
25 U.S.C. § 2014 (INDIANS)
§ 2014. Recruitment of Indian educators
The Secretary shall institute a policy for the recruitment of qualified Indian educators and a detailed plan to promote employees from within the Bureau. Such plan shall include opportunities for acquiring work experience prior to actual work assignment.
(Pub. L. 95–561, title XI, § 1134, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2055.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2014, Pub. L. 95–561, title XI, § 1134, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4010, related to Bureau education policies, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2014, Pub. L. 95–561, title XI, § 1134, Nov. 1, 1978, 92 Stat. 2327, related to uniform education procedures and practices by Bureau divisions, prior to the general amendment of this chapter by Pub. L. 103–382.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 a note under section 6301 of Title 20, Education.
25 U.S.C. § 2015 (INDIANS)
§ 2015. Annual report; audits
(a) Annual reports
The Secretary shall submit to each appropriate committee of Congress, all Bureau-funded schools, and the tribal governing bodies of such schools, a detailed annual report on the state of education within the Bureau, and any problems encountered in Indian education during the period covered by the report, that includes—
(1) suggestions for the improvement of the Bureau educational system and for increasing tribal or local Indian control of such system; and
(2) information on the status of tribally controlled community colleges.
(b) Budget request
The annual budget request for the education programs of the Bureau, as submitted as part of the President’s next annual budget request under section 1105 of title 31 shall include the plans required by sections 2001(c), 2002(c), and 2004(c) 1 of this title.
(c) Financial and compliance audits
The Inspector General of the Department of the Interior shall establish a system to ensure that financial and compliance audits, based upon the extent to which a school described in subsection (a) has complied with the local financial plan under section 2010 of this title, are conducted of each Bureau-operated school at least once every 3 years.
(d) Administrative evaluation of schools
The Director shall, at least once every 3 to 5 years, conduct a comprehensive evaluation of Bureau-operated schools. Such evaluation shall be in addition to any other program review or evaluation that may be required under Federal law.
(Pub. L. 95–561, title XI, § 1135, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2056.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2015, Pub. L. 95–561, title XI, § 1135, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4010, related to uniform education procedures and practices, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2015, Pub. L. 95–561, title XI, § 1135, Nov. 1, 1978, 92 Stat. 2327, related to recruitment policy for Indian educators and promotion plan for Bureau employees, prior to the general amendment of this chapter by Pub. L. 103–382.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 a note under section 6301 of Title 20, Education.
25 U.S.C. § 2016 (INDIANS)
§ 2016. Rights of Indian students
The Secretary shall prescribe such rules and regulations as are necessary to ensure the constitutional and civil rights of Indian students attending Bureau-funded schools, including such students’ rights to—
(1) privacy under the laws of the United States;
(2) freedom of religion and expression; and
(3) due process in connection with disciplinary actions, suspensions, and expulsions.
(Pub. L. 95–561, title XI, § 1136, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2056.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2016, Pub. L. 95–561, title XI, § 1136, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4010, related to recruitment of Indian educators, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2014 of this title.
Another prior section 2016, Pub. L. 95–561, title XI, § 1136, Nov. 1, 1978, 92 Stat. 2327; Pub. L. 97–375, title II, § 208(b), Dec. 21, 1982, 96 Stat. 1825; Pub. L. 98–511, title V, § 509, Oct. 19, 1984, 98 Stat. 2397; Pub. L. 99–89, § 7, Aug. 15, 1985, 99 Stat. 383, related to annual reports to Congressional committees and audits, prior to the general amendment of this chapter by Pub. L. 103–382.
A prior section 2016a, Pub. L. 100–297, title VI, § 6210, Apr. 28, 1988, 102 Stat. 427, directed Assistant Secretary of the Interior for Bureau of Indian Affairs to submit to appropriate committees of Congress, the President, and the Secretary by September 30 of every other year a report on education of Indian children, prior to repeal by Pub. L. 100–427, § 27, Sept. 9, 1988, 102 Stat. 1614.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 a note under section 6301 of Title 20, Education.
25 U.S.C. § 2017 (INDIANS)
§ 2017. Regulations
(a) Promulgation
(1) In general
The Secretary may promulgate only such regulations—
(A) as are necessary to ensure compliance with the specific provisions of this chapter; and
(B) as the Secretary is authorized to promulgate pursuant to section 2510 of this title.1
(2) Publication
In promulgating the regulations, the Secretary shall—
(A) publish proposed regulations in the Federal Register; and
(B) provide a period of not less than 120 days for public comment and consultation on the regulations.
(3) Citation
The regulations shall contain, immediately following each regulatory section, a citation to any statutory provision providing authority to promulgate such regulatory section.
(b) Miscellaneous
The provisions of this Act shall supersede any conflicting provisions of law (including any conflicting regulations) in effect on the day before the date of enactment of this Act and the Secretary is authorized to repeal any regulation inconsistent with the provisions of this Act.
(Pub. L. 95–561, title XI, § 1137, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2056.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (b), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 6301 of Title 20, Education, and Tables.
heading: Prior Provisions
text: A prior section 2017, Pub. L. 95–561, title XI, § 1137, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4011; amended Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 105–362, title VIII, § 801(c)(4), Nov. 10, 1998, 112 Stat. 3288, related to biennial report, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2015 of this title.
Another prior section 2017, Pub. L. 95–561, title XI, § 1137, Nov. 1, 1978, 92 Stat. 2327, related to constitutional and civil rights of Indian children attending Bureau schools, prior to the general amendment of this chapter by Pub. L. 103–382.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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 a note under section 6301 of Title 20, Education.
25 U.S.C. § 2101 (INDIANS)
§ 2101. Definitions
For the purposes of this chapter, the term—
(1) “Indian” means any individual Indian or Alaska Native who owns land or interests in land the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States;
(2) “Indian tribe” means any Indian tribe, band, nation, pueblo, community, rancheria, colony, or other group which owns land or interests in land title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; and
(3) “Secretary” means the Secretary of the Interior.
(Pub. L. 97–382, § 2, Dec. 22, 1982, 96 Stat. 1938.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 97–382, § 1, Dec. 22, 1982, 96 Stat. 1938, provided: “That this Act [enacting this chapter] may be cited as the ‘Indian Mineral Development Act of 1982’.”
25 U.S.C. § 2108 (INDIANS)
§ 2108. Tribal right to develop mineral resources
Nothing in this chapter shall impair any right of an Indian tribe organized under section 16 or 17 of the Act of June 18, 1934 (48 Stat. 987), as amended [25 U.S.C. 5123, 5124], to develop their mineral resources as may be provided in any constitution or charter adopted by such tribe pursuant to that Act [25 U.S.C. 5101 et seq.].
(Pub. L. 97–382, § 9, Dec. 22, 1982, 96 Stat. 1940.)
heading: Editorial Notes
heading: References in Text
text: Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to chapter 45 (§ 5101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables.
25 U.S.C. § 2207 (INDIANS)
§ 2207. Full faith and credit to tribal actions under tribal ordinances limiting descent and distribution of trust or restricted or controlled lands
The Secretary in carrying out his responsibility to regulate the descent and distribution of trust lands under section 372 of this title, and other laws, shall give full faith and credit to any tribal actions taken pursuant to subsections (a) and (b) of section 2205 of this title, which provision shall apply only to estates of decedent’s whose deaths occur on or after the effective date of tribal ordinances adopted pursuant to this chapter.
(Pub. L. 97–459, title II, § 208, Jan. 12, 1983, 96 Stat. 2519; Pub. L. 106–462, title I, § 103(5), Nov. 7, 2000, 114 Stat. 1999.)
heading: Editorial Notes
heading: Amendments
text: 2000—Pub. L. 106–462 substituted “subsections (a) and (b) of section 2205” for “section 2205”.
25 U.S.C. § 2211 (INDIANS)
§ 2211. Governing body of tribe; construction of chapter as not vesting with authority not authorized by tribal constitution or by-laws
Nothing in this chapter shall be construed as vesting the governing body of an Indian tribe with any authority which is not authorized by the constitution and by-laws or other organizational document of such tribe.
(Pub. L. 97–459, title II, § 212, as added Pub. L. 98–608, § 1(5), Oct. 30, 1984, 98 Stat. 3173.)
heading: Editorial Notes
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.