dreamproit/uscode huggingface dataset:
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, 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. § 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, 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. § 2307 (INDIANS)
§ 2307. Treatment of funds
Funds distributed under the provisions of this chapter shall not be considered as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act [42 U.S.C. 301 et seq.] or, except for per capita shares in excess of $2,000, any Federal or federally assisted program.
(Pub. L. 98–500, § 8, Oct. 19, 1984, 98 Stat. 2319.)
heading: Editorial Notes
heading: References in Text
text: The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
25 U.S.C. § 3074 (INDIANS)
§ 3074. Voluntary return of tangible cultural heritage
(a) Liaison
The Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage.
(b) Trainings and workshops
The liaisons designated under subsection (a) shall offer to representatives of Indian Tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and organizations trainings and workshops regarding the voluntary return of tangible cultural heritage.
(c) Referrals
(1) In general
The Secretary shall refer individuals and organizations to 1 or more Indian Tribes and Native Hawaiian organizations with a cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage.
(2) Referral representatives
The Secretary shall compile a list of representatives from each Indian Tribe and Native Hawaiian organization for purposes of referral under paragraph (1).
(3) Consultation
The Secretary shall consult with Indian Tribes, Native Hawaiian organizations, and the Native working group convened under section 3076(a) of this title before making a referral under paragraph (1).
(4) Third-party experts
The Secretary may use third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, in determining to which Indian Tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1).
(d) Legal liability
Nothing in this section imposes on any individual or entity any additional penalties or legal liability.
(e) Tax documentation
In facilitating the voluntary return of tangible cultural heritage under this section, the Secretary shall include provision of tax documentation for a deductible gift to an Indian Tribe or Native Hawaiian organization, if the recipient Indian Tribe or Native Hawaiian organization consents to the provision of tax documentation.
(f) Repatriation under Native American Graves Protection and Repatriation Act
The voluntary return provisions of this section shall apply to a specific item of tangible cultural heritage only to the extent that the repatriation provisions under section 3005 of this title do not apply to the item of tangible cultural heritage.
(Pub. L. 117–258, § 6, Dec. 21, 2022, 136 Stat. 2382.)
25 U.S.C. § 3076 (INDIANS)
§ 3076. Native working group
(a) In general
The Secretary shall convene a Native working group consisting of not fewer than 12 representatives of Indian Tribes and Native Hawaiian organizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawaiian organizations, to advise the Federal Government in accordance with this section.
(b) Recommendations
The Native working group convened under subsection (a) may provide recommendations regarding—
(1) the voluntary return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage; and
(2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets.
(c) Requests
The Native working group convened under subsection (a) may make formal requests to initiate certain agency actions, including requests that—
(1) the Department of Justice initiate judicial proceedings domestically or abroad to aid in the repatriation cultural items and archaeological resources; and
(2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation.
(d) Agency and committee assistance
(1) In general
On request by the Native working group convened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and assistance to the Native working group.
(2) Description of agencies and committees
The agencies and committees referred to in paragraph (1) are the following:
(A) The Department of the Interior.
(B) The Department of Justice.
(C) The Department of Homeland Security.
(D) The Department of State.
(E) The review committee established under section 3006(a) of this title.
(F) The Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act (Public Law 114–151; 19 U.S.C. 2601 note).
(G) Any other relevant Federal agency, committee, or working group.
(e) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Native working group convened under subsection (a).
(Pub. L. 117–258, § 8, Dec. 21, 2022, 136 Stat. 2384.)
heading: Editorial Notes
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
25 U.S.C. § 3077 (INDIANS)
§ 3077. Treatment under Freedom of Information Act
(a) In general
Except as provided in subsection (c), the following information shall be exempt from disclosure under section 552 of title 5:
(1) Information that a representative of an Indian Tribe or Native Hawaiian organization—
(A) submits to a Federal agency pursuant to this chapter or an amendment made by this Act; and
(B) designates as sensitive or private according to Native American custom, law, culture, or religion.
(2) Information that any person submits to a Federal agency pursuant to this chapter or an amendment made by this Act that relates to an item for which an export certification is denied under this chapter.
(b) Applicability
For purposes of subsection (a), this chapter shall be considered a statute described in section 552(b)(3)(B) of title 5.
(c) Exception
An Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information.
(Pub. L. 117–258, § 9, Dec. 21, 2022, 136 Stat. 2385.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3071 of this title and Tables.
An amendment made by this Act, referred to in subsec. (a)(1)(A), (2), means the amendment made by Pub. L. 117–258, which amended section 1170 of Title 18, Crimes and Criminal Procedure.
25 U.S.C. § 3078 (INDIANS)
§ 3078. Regulations
Not later than 1 year after December 21, 2022, the Secretary, in consultation with the Secretary of State, the Secretary of Homeland Security, and the Attorney General, and after consultation with Indian Tribes and Native Hawaiian organizations, shall promulgate rules and regulations to carry out this chapter.
(Pub. L. 117–258, § 10, Dec. 21, 2022, 136 Stat. 2385.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3071 of this title and Tables.
25 U.S.C. § 3079 (INDIANS)
§ 3079. Authorization of appropriations
There is authorized to be appropriated to carry out this chapter $3,000,000 for each of fiscal years 2022 through 2027.
(Pub. L. 117–258, § 11, Dec. 21, 2022, 136 Stat. 2385.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3071 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, 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. § 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, 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. § 3652 (INDIANS)
§ 3652. Purposes
The purposes of this chapter are as follows:
(1) to carry out the responsibility of the United States to Indian tribes and members of Indian tribes by ensuring access to quality technical and legal assistance.
(2) To strengthen and improve the capacity of tribal court systems that address civil and criminal causes of action under the jurisdiction of Indian tribes.
(3) To strengthen tribal governments and the economies of Indian tribes through the enhancement and, where appropriate, development of tribal court systems for the administration of justice in Indian country by providing technical and legal assistance services.
(4) To encourage collaborative efforts between national or regional membership organizations and associations whose membership consists of judicial system personnel within tribal justice systems; non-profit entities which provide legal assistance services for Indian tribes, members of Indian tribes, and/or tribal justice systems.
(5) To assist in the development of tribal judicial systems by supplementing prior congressional efforts such as the Indian Tribal Justice Act [25 U.S.C. 3601 et seq.] (Public Law 103–176).
(Pub. L. 106–559, § 3, Dec. 21, 2000, 114 Stat. 2779.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 106–559, Dec. 21, 2000, 114 Stat. 2778, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3651 of this title and Tables.
The Indian Tribal Justice Act, referred to in par. (5), is Pub. L. 103–176, Dec. 3, 1993, 107 Stat. 2004, which is classified generally to chapter 38 (§ 3601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables.
25 U.S.C. § 3802 (INDIANS)
§ 3802. Definitions
As used in this chapter:
(1) The term “Bureau” means the Bureau of Indian Affairs.
(2) The term “dam” has the same meaning given such term by section 467 of title 33.
(3) The term “Secretary” means the Secretary of the Interior.
(4) The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians.
(Pub. L. 103–302, § 3, Aug. 23, 1994, 108 Stat. 1560; Pub. L. 104–303, title II, § 215(d), Oct. 12, 1996, 110 Stat. 3694.)
heading: Editorial Notes
heading: References in Text
text: The Alaska Native Claims Settlement Act, referred to in par. (4), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, 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.
heading: Amendments
text: 1996—Par. (2). Pub. L. 104–303 made technical amendment to reference in original act which appears in text as reference to section 467 of title 33.
25 U.S.C. § 4001 (INDIANS)
§ 4001. Definitions
For the purposes of this chapter:
(1) The term “Special Trustee” means the Special Trustee for American Indians appointed under section 4042 of this title.
(2) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(3) The term “Secretary” means the Secretary of the Interior.
(4) The term “Office” means the Office of Special Trustee for American Indians established by section 4042 of this title.
(5) The term “Bureau” means the Bureau of Indian Affairs within the Department of the Interior.
(6) The term “Department” means the Department of the Interior.
(Pub. L. 103–412, § 2, Oct. 25, 1994, 108 Stat. 4239.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 103–412, Oct. 25, 1994, 108 Stat. 4239, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
The Alaska Native Claims Settlement Act, referred to in par. (2), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, 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.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 103–412, § 1(a), Oct. 25, 1994, 108 Stat. 4239, provided that: “This Act [enacting this chapter, amending sections 161a and 162a of this title, and enacting provisions set out as a note under section 161a of this title] may be cited as the ‘American Indian Trust Fund Management Reform Act of 1994’.”
25 U.S.C. § 4023 (INDIANS)
§ 4023. Judgment funds
(a) In general
The Secretary is authorized to approve plans under section 4022 of this title for the withdrawal of judgment funds held by the Secretary.
(b) Limitation
Only such funds held by the Secretary under the terms of the Indian Judgment Funds Use or Distribution Act [25 U.S.C. 1401 et seq.] or an Act of Congress which provides for the secretarial management of such judgment funds shall be included in such plans.
(c) Secretarial duties
In approving such plans, the Secretary shall ensure—
(1) that the purpose and use of the judgment funds identified in the previously approved judgment fund plan will continue to be followed by the Indian tribe in the management of the judgment funds; and
(2) that only funds held for Indian tribes may be withdrawn and that any funds held for individual tribal members are not to be included in the plan.
(Pub. L. 103–412, title II, § 203, Oct. 25, 1994, 108 Stat. 4242.)
heading: Editorial Notes
heading: References in Text
text: The Indian Judgment Funds Use or Distribution Act, referred to in subsec. (b), probably means the Indian Tribal Judgment Funds Use or Distribution Act, Pub. L. 93–134, Oct. 19, 1973, 87 Stat. 466, which is classified generally to chapter 16 (§ 1401 et seq.) of this title. For complete classification of this Act to the Code, see Tables.