dreamproit/uscode huggingface dataset:
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: Editorial Notes
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 L. 110–234 was repealed by section 4(a) of Pub.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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 3101 (INDIANS)
§ 3101. Findings
The Congress finds and declares that—
(1) the forest lands of Indians are among their most valuable resources and Indian forest lands—
(A) encompass more than 15,990,000 acres, including more than 5,700,000 acres of commercial forest land and 8,700,000 acres of woodland,
(B) are a perpetually renewable and manageable resource,
(C) provide economic benefits, including income, employment, and subsistence, and
(D) provide natural benefits, including ecological, cultural, and esthetic values;
(2) the United States has a trust responsibility toward Indian forest lands;
(3) existing Federal laws do not sufficiently assure the adequate and necessary trust management of Indian forest lands;
(4) the Federal investment in, and the management of, Indian forest land is significantly below the level of investment in, and management of, National Forest Service forest land, Bureau of Land Management forest land, or private forest land;
(5) tribal governments make substantial contributions to the overall management of Indian forest land; and
(6) there is a serious threat to Indian forest lands arising from trespass and unauthorized harvesting of Indian forest land resources.
(Pub. L. 101–630, title III, § 302, Nov. 28, 1990, 104 Stat. 4532.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2004 Amendment
text: Pub. L. 108–278, § 1, July 22, 2004, 118 Stat. 868, provided that: “This Act [enacting section 3115a of this title and enacting provisions set out as a note under section 3115b of this title] may be cited as the ‘Tribal Forest Protection Act of 2004’.”
heading: Short Title
text: Pub. L. 101–630, title III, § 301, Nov. 28, 1990, 104 Stat. 4532, provided that: “This title [enacting this chapter] may be cited as the ‘National Indian Forest Resources Management Act’.”
25 U.S.C. § 3104 (INDIANS)
§ 3104. Management of Indian forest land
(a) Management activities
The Secretary shall undertake forest land management activities on Indian forest land, either directly or through contracts, cooperative agreements, or grants under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.].
(b) Management objectives
Indian forest land management activities undertaken by the Secretary shall be designed to achieve the following objectives—
(1) the development, maintenance, and enhancement of Indian forest land in a perpetually productive state in accordance with the principles of sustained yield and with the standards and objectives set forth in forest management plans by providing effective management and protection through the application of sound silvicultural and economic principles to—
(A) the harvesting of forest products,
(B) forestation,
(C) timber stand improvement, and
(D) other forestry practices;
(2) the regulation of Indian forest lands through the development and implementation, with the full and active consultation and participation of the appropriate Indian tribe, of forest management plans which are supported by written tribal objectives and forest marketing programs;
(3) the regulation of Indian forest lands in a manner that will ensure the use of good method and order in harvesting so as to make possible, on a sustained yield basis, continuous productivity and a perpetual forest business;
(4) the development of Indian forest lands and associated value-added industries by Indians and Indian tribes to promote self-sustaining communities, so that Indians may receive from their Indian forest land not only stumpage value, but also the benefit of all the labor and profit that such Indian forest land is capable of yielding;
(5) the retention of Indian forest land in its natural state when an Indian tribe determines that the recreational, cultural, aesthetic, or traditional values of the Indian forest land represents the highest and best use of the land;
(6) the management and protection of forest resources to retain the beneficial effects to Indian forest lands of regulating water run-off and minimizing soil erosion; and
(7) the maintenance and improvement of timber productivity, grazing, wildlife, fisheries, recreation, aesthetic, cultural and other traditional values.
(Pub. L. 101–630, title III, § 305, Nov. 28, 1990, 104 Stat. 4535.)
heading: Editorial Notes
heading: References in Text
text: The Indian Self-Determination Act, referred to in subsec. (a), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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. § 3112 (INDIANS)
§ 3112. Alaska Native technical assistance program
(a) Establishment
The Secretary, in consultation with the village and regional corporations established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), shall establish a program of technical assistance for such corporations to promote the sustained yield management of their forest resources. Such technical assistance shall also be available to promote local processing and other value-added activities with such forest resources.
(b) Indian Self-Determination Act
The technical assistance to be provided by the Secretary pursuant to subsection (a) shall be made available through contracts, grants or agreements entered into in accordance with, and made available to entities eligible for, such contracts, grants, or agreements under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.].
(Pub. L. 101–630, title III, § 313, Nov. 28, 1990, 104 Stat. 4540.)
heading: Editorial Notes
heading: References in Text
text: The Alaska Native Claims Settlement Act, referred to in subsec. (a), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
The Indian Self-Determination Act, referred to in subsec. (b), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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. § 3205 (INDIANS)
§ 3205. Confidentiality
Pursuant to section 552a of title 5, the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), or any other provision of law, agencies of any Indian tribe, of any State, or of the Federal Government that investigate and treat incidents of abuse of children may provide information and records to those agencies of any Indian tribe, any State, or the Federal Government that need to know the information in performance of their duties. For purposes of this section, Indian tribal governments shall be treated the same as other Federal Government entities.
(Pub. L. 101–630, title IV, § 406, Nov. 28, 1990, 104 Stat. 4550.)
heading: Editorial Notes
heading: References in Text
text: The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), referred to in text, is section 513 of title V of Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 571, which enacted section 1232g of Title 20, Education, and provisions set out as notes under sections 1221 and 1232g of Title 20. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 1221 of Title 20 and Tables.
25 U.S.C. § 3206 (INDIANS)
§ 3206. Waiver of parental consent
(a) Examinations and interviews
Photographs, x-rays, medical examinations, psychological examinations, and interviews of an Indian child alleged to have been subject to abuse in Indian country shall be allowed without parental consent if local child protective services or local law enforcement officials have reason to believe the child has been subject to abuse.
(b) Interviews by law enforcement and child protective services officials
In any case in which officials of the local law enforcement agency or local child protective services agency have reason to believe that an Indian child has been subject to abuse in Indian country, the officials of those agencies shall be allowed to interview the child without first obtaining the consent of the parent, guardian, or legal custodian.
(c) Protection of child
Examinations and interviews of a child who may have been the subject of abuse shall be conducted under such circumstances and with such safeguards as are designed to minimize additional trauma to the child and, where time permits, shall be conducted with the advise,1 or under the guidance, of a local multidisciplinary team established pursuant to section 3210 of this title or, in the absence of a local team, a multidisciplinary team established pursuant to section 3209 of this title.
(d) Court orders
Upon a finding of reasonable suspicion that an Indian child has been the subject of abuse in Indian country, a Federal magistrate judge or United States District Court may issue an order enforcing any provision of this section.
(Pub. L. 101–630, title IV, § 407, Nov. 28, 1990, 104 Stat. 4550; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Federal magistrate judge” substituted for “Federal magistrate” in subsec. (d) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
25 U.S.C. § 3208 (INDIANS)
§ 3208. Indian Child Abuse Treatment Grant Program
(a) Establishment
The Secretary of Health and Human Services, acting through the Service and in cooperation with the Bureau, shall establish an Indian Child Abuse Treatment Grant Program that provides grants to any Indian tribe or inter­tribal consortium for the establishment on Indian reservations of treatment programs for Indians who have been victims of child sexual abuse.
(b) Grant applications
(1) Any Indian tribe or intertribal consortium may submit to the Secretary of Health and Human Services an application for a grant under subsection (a).
(2) Any application submitted under paragraph (1)—
(A) shall be in such form as the Secretary of Health and Human Services may prescribe;
(B) shall be submitted to such Secretary on or before the date designated by such Secretary; and
(C) shall specify—
(i) the nature of the program proposed by the applicant,
(ii) the data and information on which the program is based,
(iii) the extent to which the program plans to use or incorporate existing services available on the reservation, and
(iv) the specific treatment concepts to be used under the program.
(c) Maximum grant amount
The maximum amount of any grant awarded under subsection (a) shall not exceed $500,000.
(d) Grant administration and final report
Each recipient of a grant awarded under subsection (a) shall—
(1) furnish the Secretary of Health and Human Services with such information as such Secretary may require to—
(A) evaluate the program for which the grant is made, and
(B) ensure that the grant funds are expended for the purposes for which the grant was made, and
(2) submit to such Secretary at the close of the term of the grant a final report which shall include such information as the Secretary may require.
(e) Authorization of appropriations
there 1 is hereby authorized to be appropriated to carry out the provisions of this section $10,000,000 for each of the fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.
(Pub. L. 101–630, title IV, § 409, Nov. 28, 1990, 104 Stat. 4551; Pub. L. 104–16, § 1, June 21, 1995, 109 Stat. 190.)
heading: Editorial Notes
heading: Amendments
text: 1995—Subsec. (e). Pub. L. 104–16 substituted “1995, 1996, and 1997” for “and 1995”.
25 U.S.C. § 3302 (INDIANS)
§ 3302. Findings
The Congress finds that—
(1) there are increasing numbers of Indian students qualifying for postsecondary education, and there are increasing numbers desiring to go to postsecondary institutions;
(2) the needs of these students far outpace the resources available currently;
(3) Indian tribes have shown an increasing interest in administering programs serving these individuals and making decisions on these programs reflecting their determinations of the tribal and human needs;
(4) the contracting process under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] has provided a mechanism for the majority of the tribes to assume control over this program from the Bureau of Indian Affairs;
(5) however, inherent limitations in the contracting philosophy and mechanism, coupled with cumbersome administrative procedures developed by the Bureau of Indian Affairs have effectively limited the efficiency and effectiveness of these programs;
(6) the provision of these services in the most effective and efficient form possible is necessary for tribes, the country, and the individuals to be served; and
(7) these services are part of the Federal Government’s continuing trust responsibility to provide education services to American Indian and Alaska Natives.
(Pub. L. 102–325, title XIII, § 1312, July 23, 1992, 106 Stat. 798.)
heading: Editorial Notes
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in par. (4), 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.