dreamproit/uscode huggingface dataset:
25 U.S.C. § 3305 (INDIANS)
§ 3305. Allocation of grant funds
(a) Allocation of funds
(1) In general
The Secretary shall continue to determine the amount of program funds to be received by each grantee under this subchapter by the same method used for determining such distribution in fiscal year 1991 for tribally-administered and Bureau-administered programs of grants to individual Indians to defray postsecondary expenses.
(2) Administrative costs
In addition to the amount determined under paragraph (1), a grantee which has exercised the option given in section 3304(a) of this title to administer the program under a grant shall receive an amount for administrative costs determined pursuant to the method used by the grantee during the preceding contract period. All other grantees shall receive an amount for administrative costs determined pursuant to the regulations governing such determinations under the Indian Self Determination and Education Assistance Act [25 U.S.C. 5301 et seq.], as in effect at the time of application to grants being made.
(3) Single grant; separate accounts
Each grantee shall receive only one grant during any fiscal year, which shall include both of the amounts under paragraphs (1) and (2). Each grantee shall maintain this grant in a separate account.
(b) Use of funds
Funds provided by grants under this subchapter shall be used—
(1) to make grants to individual Indian students to meet, on the basis of need, any educational expense of attendance in a postsecondary education program (as determined under the contracts applying to the postsecondary education program administered by tribes under the Indian Self Determination and Education Assistance Act (Public Law 93–638) [25 U.S.C. 5301 et seq.]), to the extent that such expense is not met from other sources or cannot be defrayed through the action of any State, Federal, or municipal Act, except that nothing in this subsection shall be interpreted as requiring any priority in consideration of resources; and
(2) costs of administering the program under this subchapter, except that no more may be spent on administration of such program than is generated by the method for administrative cost computation specified in subsection (a)(2).
(Pub. L. 102–325, title XIII, § 1315, July 23, 1992, 106 Stat. 800.)
heading: Editorial Notes
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (a)(2) and (b)(1), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
25 U.S.C. § 3322 (INDIANS)
§ 3322. Definitions
As used in this subchapter:
(1) The term “federally funded higher education assistance” means any grant assistance provided to an Indian student from funds made available for such purpose by contract or grant to an Indian tribe from amounts appropriated under the authority of section 13 of this title.
(2) The term “eligible Indian tribe or tribal organization” means any Indian tribe or tribal organization that qualifies to administer federally funded higher education assistance under a contract pursuant to the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] or under a grant pursuant to subchapter I of this chapter.
(3) The term “Indian” has the meaning given such term in section 4(d) of the Indian Self Determination and Education Assistance Act [25 U.S.C. 5304(d)].
(Pub. L. 102–325, title XIII, § 1322, July 23, 1992, 106 Stat. 803.)
heading: Editorial Notes
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in par. (2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
25 U.S.C. § 3325 (INDIANS)
§ 3325. General provisions
(a) Application of existing procedures
Except as provided in subsection (b), the requirements relating to student eligibility, needs analysis, and determination of eligibility for the program to be attended regularly incorporated by reference into contracts under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] for tribal operation of higher education grant programs prior to January 1, 1991, shall apply.
(b) Additional, excess, and incremental costs
The tribe or tribal organization may establish in writing, subject to the review of the Secretary, procedures for determining additional, excess, or inducement costs to be associated with grants for critical area service agreements.
(Pub. L. 102–325, title XIII, § 1325, July 23, 1992, 106 Stat. 805.)
heading: Editorial Notes
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in subsec. (a), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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. § 3408 (INDIANS)
§ 3408. Job creation activities authorized
(a) In general
The plan submitted by a tribal government may involve the expenditure of funds for the creation of employment opportunities and for the development of the economic resources of the tribal government or of individual Indian people if such expenditures are consistent with an overall regional economic activity which has a reasonable likelihood of success and consistent with the purposes specifically applicable to Indian programs in the statute under which the funds are authorized.
(b) Job creation opportunities
(1) In general
Notwithstanding any other provisions of law, including any requirement of a program that is integrated under a plan under this chapter, a tribal government may use a percentage of the funds made available under this chapter (as determined under paragraph (2)) for the creation of employment opportunities, including providing private sector training placement under section 3409 of this title.
(2) Determination of percentage
The percentage of funds that a tribal government may use under this subsection is the greater of—
(A) the rate of unemployment in the service area of the tribe up to a maximum of 25 percent; or
(B) 10 percent.
(c) Limitation
The funds used for an expenditure described in subsection (a) may only include funds made available to the Indian tribe by a Federal agency under a statutory or administrative formula.
(Pub. L. 102–477, § 9, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(e), Dec. 27, 2000, 114 Stat. 2932.)
heading: Editorial Notes
heading: Amendments
text: 2000—Pub. L. 106–568 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
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: Editorial Notes
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: Editorial Notes
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.”
25 U.S.C. § 3412 (INDIANS)
§ 3412. Transfer of funds
(a) In general
Notwithstanding any other provision of law, not later than 30 days after the date of apportionment to the applicable Federal department or agency, the head of a Federal agency overseeing a program identified in a plan approved under this chapter shall transfer to the Director of the Bureau of Indian Affairs for distribution to an Indian tribe any funds identified in the approved plan of the Indian tribe.
(b) Transfer of funds
Notwithstanding any other provision of law, at the request of the Indian tribe, all program funds transferred to an Indian tribe in accordance with the approved plan of the Indian tribe shall be transferred to the Indian tribe pursuant to an existing contract, compact, or funding agreement awarded pursuant to title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).
(Pub. L. 102–477, § 13, Oct. 23, 1992, 106 Stat. 2304; Pub. L. 115–93, § 13, Dec. 18, 2017, 131 Stat. 2034.)
heading: Editorial Notes
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. Title I of the Act is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. Title IV of the Act is classified generally to subchapter IV (§ 5361 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see section 1 of Pub. L. 93–638, set out as a Short Title note 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: “The Secretary of the Interior, Secretary of Labor, Secretary of Health and Human Services, or the Secretary of Education, as appropriate, is authorized to take such action as may be necessary to provide for an interagency transfer of funds otherwise available to a tribal government in order to further the purposes of this chapter.”
25 U.S.C. § 3417 (INDIANS)
§ 3417. Assignment of Federal personnel to State Indian economic development programs
Any State with an economic development program targeted to Indian tribes shall be eligible to receive, at no cost to the State, such Federal personnel assignments as the Secretary, in accordance with the applicable provisions of the Intergovernmental Personnel Act of 1970 [42 U.S.C. 4701 et seq.], may deem appropriate to help ensure the success of such program.
(Pub. L. 102–477, § 16, formerly § 18, Oct. 23, 1992, 106 Stat. 2306; renumbered § 16, Pub. L. 115–93, 16(b), Dec. 18, 2017, 131 Stat. 2036.)
heading: Editorial Notes
heading: References in Text
text: The Intergovernmental Personnel Act of 1970, referred to in text, is Pub. L. 91–648, Jan. 5, 1971, 84 Stat. 1909, as amended, which enacted sections 3371 to 3376 of Title 5, Government Organization and Employees, and chapter 62 (§ 4701 et seq.) of Title 42, The Public Health and Welfare, amended section 1304 of Title 5 and section 246 of Title 42, repealed sections 1881 to 1888 of Title 7, Agriculture, and section 869b of Title 20, Education, and enacted provisions set out as notes under section 3371 of Title 5. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of Title 42 and Tables.
heading: Prior Provisions
text: A prior section 16 of Pub. L. 102–477 was classified to section 3415 of this title, prior to repeal by Pub. L. 115–93.
25 U.S.C. § 3503 (INDIANS)
§ 3503. Indian tribal energy resource regulation
(a) Grants
The Secretary may provide to Indian tribes, on an annual basis, grants for use in accordance with subsection (b).
(b) Use of funds
Funds from a grant provided under this section may be used—
(1)
(A) by an Indian tribe for the development of a tribal energy resource inventory or tribal energy resource on Indian land;
(B) by an Indian tribe for the development of a feasibility study or other report necessary to the development of energy resources on Indian land;
(C) by an Indian tribe (other than an Indian Tribe in the State of Alaska, except the Metlakatla Indian Community) for—
(i) the development and enforcement of tribal laws (including regulations) relating to tribal energy resource development; and
(ii) the development of technical infrastructure to protect the environment under applicable law; or
(D) by a Native Corporation for the development and implementation of corporate policies and the development of technical infrastructure to protect the environment under applicable law; and
(2) by an Indian tribe for the training of employees that—
(A) are engaged in the development of energy resources on Indian land; or
(B) are responsible for protecting the environment.
(c) Other assistance
(1) In carrying out the obligations of the United States under this chapter, the Secretary shall ensure, to the maximum extent practicable and to the extent of available resources, that on the request of an Indian tribe or a tribal energy development organization, the Indian tribe or tribal energy development organization shall have available scientific and technical information and expertise, for use in the regulation, development, and management of energy resources of the Indian tribe on Indian land.
(2) The Secretary may carry out paragraph (1)—
(A) directly, through the use of Federal officials; or
(B) indirectly, by providing financial assistance to an Indian tribe or tribal energy development organization to secure independent assistance.
(Pub. L. 102–486, title XXVI, § 2603, as added Pub. L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat. 768; amended Pub. L. 115–325, title I, § 102, Dec. 18, 2018, 132 Stat. 4447.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3503, Pub. L. 102–486, title XXVI, § 2603, Oct. 24, 1992, 106 Stat. 3114; Pub. L. 105–388, § 10, Nov. 13, 1998, 112 Stat. 3484, related to promotion of energy resource development and energy vertical integration on Indian reservations, prior to the general amendment of this chapter by Pub. L. 109–58.
heading: Amendments
text: 2018—Subsec. (c)(1). Pub. L. 115–325, § 102(1), substituted “on the request of an Indian tribe or a tribal energy development organization, the Indian tribe or tribal energy development organization” for “on the request of an Indian tribe, the Indian tribe”.
Subsec. (c)(2)(B). Pub. L. 115–325, § 102(2), inserted “or tribal energy development organization” after “Indian tribe”.
25 U.S.C. § 3601 (INDIANS)
§ 3601. Findings
The Congress finds and declares that—
(1) there is a government-to-government relationship between the United States and each Indian tribe;
(2) the United States has a trust responsibility to each tribal government that includes the protection of the sovereignty of each tribal government;
(3) Congress, through statutes, treaties, and the exercise of administrative authorities, has recognized the self-determination, self-reliance, and inherent sovereignty of Indian tribes;
(4) Indian tribes possess the inherent authority to establish their own form of government, including tribal justice systems;
(5) tribal justice systems are an essential part of tribal governments and serve as important forums for ensuring public health and safety and the political integrity of tribal governments;
(6) Congress and the Federal courts have repeatedly recognized tribal justice systems as the appropriate forums for the adjudication of disputes affecting personal and property rights;
(7) traditional tribal justice practices are essential to the maintenance of the culture and identity of Indian tribes and to the goals of this chapter;
(8) tribal justice systems are inadequately funded, and the lack of adequate funding impairs their operation; and
(9) tribal government involvement in and commitment to improving tribal justice systems is essential to the accomplishment of the goals of this chapter.
(Pub. L. 103–176, § 2, Dec. 3, 1993, 107 Stat. 2004.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 103–176, § 1, Dec. 3, 1993, 107 Stat. 2004, provided that: “This Act [enacting this chapter] may be cited as the ‘Indian Tribal Justice Act’.”