-CITE- 25 USC CHAPTER 14 - MISCELLANEOUS 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS -HEAD- CHAPTER 14 - MISCELLANEOUS -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 441. Repealed. 442. Livestock loans; cash settlements. 443. Disposition of cash settlements. 443a. Conveyance to Indian tribes of federally owned buildings, improvements, or facilities; disposition of property by Indians; forfeiture; "Indian" defined. 443b. Indian goods and supplies. 443c. Emergency plan for Indian safety and health. 444 to 449. Repealed. SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE 450. Congressional statement of findings. 450a. Congressional declaration of policy. 450a-1. Tribal and Federal advisory committees. 450b. Definitions. 450c. Reporting and audit requirements for recipients of Federal financial assistance. 450d. Criminal activities involving grants, contracts, etc.; penalties. 450e. Wage and labor standards. 450e-1. Grant and cooperative agreements. 450e-2. Use of excess funds. 450e-3. Investment of advance payments; restrictions. PART A - INDIAN SELF-DETERMINATION 450f. Self-determination contracts. 450g. Repealed or Transferred. 450h. Grants to tribal organizations or tribes. 450i. Retention of Federal employee coverage, rights and benefits by employees of tribal organizations. 450j. Contract or grant provisions and administration. 450j-1. Contract funding and indirect costs. 450j-2. Indian Health Service: availability of funds for Indian self-determination or self-governance contract or grant support costs. 450j-3. Department of the Interior: availability of funds for Indian self-determination or self-governance contract or grant support costs. 450k. Rules and regulations. 450l. Contract or grant specifications. 450m. Rescission of contract or grant and assumption of control of program, etc.; authority; grounds; procedure; correction of violation as prerequisite to new contract or grant agreement; construction with occupational safety and health requirements. 450m-1. Contract disputes and claims. 450n. Sovereign immunity and trusteeship rights unaffected. PART B - CONTRACTS WITH STATES 451. Donations for Indians; use of gifts; annual report to Congress. 452. Contracts for education, medical attention, relief and social welfare of Indians. 453. Use of Government property by States and Territories. 454. Rules and regulations; minimum standards of service. 455. Contracts for education in public schools; submission of education plan by contractor as prerequisite; criteria for approval of plan by Secretary of the Interior; participation by non-Indian students. 456. Local committee of Indian parents in school districts having school boards composed of non-Indian majority. 457. Reimbursement to school districts for educating non-resident students. PART C - INDIAN EDUCATION ASSISTANCE 458. School construction, acquisition, or renovation contracts. 458a. General education contract and grant provisions and requirements; school district quality and standards of excellence. 458b. Availability of funds to agencies, institutions, and organizations. 458c. Rules and regulations. 458d. Eligibility for funds of tribe or tribal organization controlling or managing private schools. 458e. Supplemental assistance to funds provided to local educational agencies. PART D - TRIBAL SELF-GOVERNANCE - DEPARTMENT OF THE INTERIOR 458aa. Establishment. 458bb. Selection of participating Indian tribes. 458cc. Funding agreements. 458dd. Budget request. 458ee. Reports. 458ff. Disclaimers. 458gg. Regulations. 458hh. Authorization of appropriations. PART E - TRIBAL SELF-GOVERNANCE - INDIAN HEALTH SERVICE 458aaa. Definitions. 458aaa-1. Establishment. 458aaa-2. Selection of participating Indian tribes. 458aaa-3. Compacts. 458aaa-4. Funding agreements. 458aaa-5. General provisions. 458aaa-6. Provisions relating to the Secretary. 458aaa-7. Transfer of funds. 458aaa-8. Construction projects. 458aaa-9. Federal procurement laws and regulations. 458aaa-10. Civil actions. 458aaa-11. Facilitation. 458aaa-12. Budget request. 458aaa-13. Reports. 458aaa-14. Disclaimers. 458aaa-15. Application of other sections of this subchapter. 458aaa-16. Regulations. 458aaa-17. Appeals. 458aaa-18. Authorization of appropriations. PART F - TRANSFERRED 458bbb to 458bbb-2. Transferred. PART G - INDIAN LAW ENFORCEMENT FOUNDATION 458ccc. Definitions. 458ccc-1. Indian Law Enforcement Foundation. 458ccc-2. Administrative services and support. PART H - NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION 458ddd. National Fund for Excellence in American Indian Education. 458ddd-1. Administrative services and support. 458ddd-2. Definitions. [SUBCHAPTER III - RESERVED] SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND 459. Submarginal lands of United States held in trust for specified Indian tribes. 459a. Designation of tribes. 459b. Submarginal lands of United States held in trust for Stockbridge Munsee Indian Community. 459c. Existing rights of possession, contract, interest, etc. 459d. Gross receipts from conveyed lands. 459e. Tax exemption for conveyed lands and gross receipts; distribution of gross receipts to tribal members. SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES 461. Allotment of land on Indian reservations. 462. Existing periods of trust and restrictions on alienation extended. 462a. Omitted. 463. Restoration of lands to tribal ownership. 463a. Extension of boundaries of Papago Indian Reservation. 463b. Purchase of private lands; limitations. 463c. Gift of lands by Arizona. 463d. Restoration of lands in Umatilla Indian Reservation to tribal ownership. 463e. Exchanges of land. 463f. Title to lands. 463g. Use of funds appropriated under section 465. 464. Transfer and exchange of restricted Indian lands and shares of Indian tribes and corporations. 465. Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax exemption. 465a. Receipt and purchase in trust by United States of land for Klamath Tribe Indians. 465b. "Klamath Tribe of Indians" defined. 466. Indian forestry units; rules and regulations. 467. New Indian reservations. 468. Allotments or holdings outside of reservations. 469. Indian corporations; appropriation for organizing. 470. Revolving fund; appropriation for loans. 470a. Interest charges covered into revolving fund. 471. Vocational and trade schools; appropriation for tuition. 472. Standards for Indians appointed to Indian Office. 472a. Indian preference laws applicable to Bureau of Indian Affairs and Indian Health Service positions. 473. Application generally. 473a. Application to Alaska. 474. Continuation of allowances. 475. Claims or suits of Indian tribes against United States; rights unimpaired. 475a. Offsets of gratuities. 476. Organization of Indian tribes; constitution and bylaws and amendment thereof; special election. 477. Incorporation of Indian tribes; charter; ratification by election. 478. Acceptance optional. 478-1. Mandatory application of sections 462 and 477. 478a. Procedure. 478b. Application of laws and treaties. 479. Definitions. 479a. Definitions. 479a-1. Publication of list of recognized tribes. 480. Indians eligible for loans. 481. Omitted. 482. Revolving fund; loans; regulations. 483. Sale of land by individual Indian owners. 483a. Mortgages and deeds of trust by individual Indian owners; removal from trust or restricted status; application to Secretary. 484. Conversion of exchange assignments of tribal lands on certain Sioux reservations into trust titles; trust and tax exemption. 485. Payment to assignment holders of moneys collected for use of subsurface rights. 486. Regulations. 487. Spokane Indian Reservation; consolidations of land. 488. Loans to purchasers of highly fractioned land. 489. Title in trust to United States. 490. Tribal rights and privileges in connection with loans. 491. Mortgaged property governed by State law. 492. Interest rates and taxes. 493. Reduction of unpaid principal. 494. Authorization of appropriations. 494a. Certification of rental proceeds. SUBCHAPTER VI - INDIANS OF ALASKA 495. Annette Islands reserved for Metlakahtla Indians. 496, 497. Repealed. SUBCHAPTER VII - REINDEER INDUSTRY 500. Purpose. 500a. Acquisition of reindeer and other property. 500b. Filing claim of title to reindeer by nonnatives. 500c. Acceptance of gifts. 500d. Acceptance and expenditure of Federal funds. 500e. Revolving fund; moneys not to be covered into Treasury. 500f. Management of industry by Secretary; aim of management. 500g. Distribution of reindeer, property, and profits to natives. 500h. Grant of administrative powers to organizations of natives. 500i. Alienation of reindeer or interests; penalty. 500j. "Reindeer" defined. 500k. Rules and regulations. 500l. Appointment of natives to administer industry. 500m. Use of public lands; violation. 500n. "Natives of Alaska" defined. SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE 501. Acquisition of agricultural and grazing lands for Indians; title to lands; tax exemption. 502. Purchase of restricted Indian lands; preference to Secretary of the Interior; waiver of preference. 503. Organization of tribes or bands; constitution; charter; right to participate in revolving credit fund. 504. Cooperative associations; charter; purposes; voting rights. 505. Amendment or revocation of charters; suits by and against associations. 506. Loans to individuals and groups; appropriation. 507. Availability and allocation of funds; royalties from mineral deposits. 508. Application of provisions to Osage County. 509. Rules and regulations; repeals. 510. Payment of gross production taxes; method. SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND 530. Capital reserve fund; interest for administrative expenses. 531 to 535. Repealed. SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS 541. Creation of individual credits; authorized purchases. 542. Limitations on remainder of fund. 543. Liability of judgment funds for debts. 544. Creation of individual credits; authorized purchases. 545. Liability of judgment funds for debts. SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY 551. "Klamath Tribe" defined. 552. Payments in lieu of allotments. 553. Deposit and expenditure of payments. 554. Disposition of payment on death of Indian. 555. Repealed. 556. Reversion of interest in property on death without heirs or devisees. SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES 561, 562. Omitted. 563. Salaries and expenses for Klamath Tribe Officials. SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION 564. Purpose. 564a. Definitions. 564b. Membership roll; closure; preparation and initial publication; appeal from inclusion or omission from roll; finality of determination; final publication. 564c. Personal property rights; restrictions; tax exemption. 564d. Management specialists. 564e. Sale of tribal property. 564f. Per capita payments to tribal members. 564g. Individual property. 564h. Property of deceased members. 564i. Transfer of federally owned property. 564j. Taxes; initial exemption; taxes following distribution; valuation for capital gains or losses. 564k. Loan transfers; collection by tribe. 564l. Klamath irrigation works. 564m. Water and fishing rights. 564n. Protection of minors, persons non compos mentis, and other members needing assistance; guardians; other adequate means; trusts; annuities; assistance factors; contests. 564o. Advances or expenditures from tribal funds. 564p. Execution by Secretary of patents, deeds, etc. 564q. Termination of Federal trust. 564r. Termination of Federal powers over tribe. 564s. Set off of individual indebtedness; credit. 564t. Indian claims unaffected. 564u. Valid leases, permits, liens, etc., unaffected. 564v. Rules and regulations; tribal referenda. 564w. Education and training program; purposes; subjects; transportation; subsistence; contracts; other education programs. 564w-1. Klamath Indian Forest and Klamath Marsh. 564w-2. Federal acquisition of tribal land. 564x. Timber sales. SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND 565. Authorization to distribute funds. 565a. Distribution to persons on final roll; payment of shares due living adults, deceased enrollees, adults under legal disabilities, persons in need of assistance, and minors. 565b. Time of payment; claims for shares of deceased enrollees. 565c. Disposition of funds remaining after distribution. 565d. Disposition of funds insufficient to justify further distribution. 565e. Costs. 565f. Taxes. 565g. Rules and regulations. SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION 566. Restoration of Federal recognition, rights, and privileges. 566a. Tribe Constitution and Bylaws. 566b. Conservation and development of lands. 566c. Hunting, fishing, trapping, and water rights. 566d. Transfer of land to be held in trust. 566e. Criminal and civil jurisdiction. 566f. Economic development. 566g. Definitions. 566h. Regulations. SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND 571. Membership roll; preparation. 572. Payments to individuals; expenditure of payments. 573. Uses of judgment fund. 574. Consolidation of lands. 574a. Acquisition of lands on Wind River Reservation. 575. Restoration of lands. 576. Purchase of lands; reimbursement of expenditures. 577. Liability of judgment funds for debts. 581. Disposition of funds. 582. Shoshone-Bannock Tribes of the Fort Hall Reservation; credit of funds. 583. Northwestern Bands of Shoshone Indians; credit of funds. 584. Apportionment of remaining funds; Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone Tribe of the Wind River Reservation. 585. Membership rolls; preparation; eligibility for enrollment; application; finality of determination. 586. Northwestern Band of Shoshone Indians; payment to enrollees; heirs or legatees; trust for minors and persons under legal disability. 587. Funds apportioned to Shoshone-Bannock Tribes of the Fort Hall Reservation. 588. Shoshone Tribe of the Wind River Reservation; distribution of funds. 589. Tax exemption. 590. Rules and regulations. 590a. Shoshone-Bannock Tribes of the Fort Hall Reservation; credit of funds. 590b. Disposition of funds. 590c. Tax exemption; trusts for minors and persons under legal disability. SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA 591. Reservation of Chippewa National Forest lands for Minnesota Chippewa Tribe. 592. Withdrawal of tribal funds to reimburse United States; consent of Minnesota Chippewa Tribe; disposition of receipts. 593. Exchanges of allotted, restricted, and tribal lands for Chippewa National Forest lands. 594. Distribution of judgment funds; Mississippi Bands; Pillager and Lake Winnibigoshish Bands. 594a. Rules and regulations. SUBCHAPTER XVII - YAKIMA TRIBES 601. Membership roll; preparation; persons entitled to enrollment. 602. Application to Tribal Council on exclusion from roll; minors and incompetent persons. 603. Correction of membership roll. 604. Loss of membership and removal from roll. 605. Expulsion of members; review by Secretary. 606. Back pay and annuities on enrollment of new members. 607. Divestment of inheritance of non-members. 608. Purchase, sale, and exchange of land. 608a. Sale of tribal trust lands, etc. 608b. Rights of lessee. 608c. Regulations. 609. Action to determine title to judgment fund; claim of Confederated Tribes of the Colville Reservation; jurisdiction of Court of Claims. 609a. Tax exemption. 609b. Disposition of judgment fund; deductions; advances, expenditures, investments, or reinvestments for authorized purposes. 609b-1. Tax exemption; trusts and other procedures for protection of minors and persons under legal disability. 609c. Disbursement of minor's share of judgment funds. 609c-1. Tax exemption; eligibility for Federal assistance without regard to payments. SUBCHAPTER XVIII - SWINOMISH TRIBE 610. Purchase of lands within, adjacent to, or in close proximity to boundaries of Swinomish Indian Reservation. 610a. Sale or exchange of lands; money equalization payments. 610b. Title to lands; tax exemption; prohibition of restrictions. 610c. Mortgages or deeds in trust; law governing mortgage foreclosure or sale; United States as party; removal of cases: appeals. 610d. Moneys or credits for tribal purposes. 610e. Assignment of income. SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING 611. Division of trust fund on deposit in United States Treasury to joint credit of both tribes. 612. Establishment of trust fund for each tribe; transfer of funds; interest; crediting of revenues, receipts, and proceeds of judgments. 613. Advances or expenditures from tribal funds; emergency and educational loans; payments to individuals of tribes; per capita payments not subject to liens or claims; exception. SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS 621. Portions of tribal lands to be held in trust by the United States; remainder to become part of the public domain. 622. Exchange of tribal lands; title to lands. 623. Disbursement of deposits in the United Pueblos Agency. 624. Exchange of lands. SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION 631. Basic program for conservation and development of resources; projects; appropriations. 632. Character and extent of administration; time limit; reports on use of funds. 633. Preference in employment; on-the-job training. 634. Loans to Tribes or individual members; loan fund. 635. Disposition of lands. 636. Adoption of constitution by Navajo Tribe; method; contents. 637. Use of Navajo tribal funds. 638. Participation by Tribal Councils; recommendations. 639, 640. Repealed. 640a. Dineé College; purpose. 640b. Grants. 640c. Study of facilities needs. 640c-1. Authorization of appropriations. 640c-2. Effect on other laws. 640c-3. Payments; interest. SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND INTERESTS 640d. Mediator. 640d-1. Negotiating teams. 640d-2. Implementation of agreements. 640d-3. Default or failure to reach agreement; recommendations to District Court; final adjudication. 640d-4. Authorized recommendations for facilitation of agreement or report to District Court; discretionary nature of recommendations. 640d-5. Considerations and guidelines for preparation of report by Mediator and final adjudication by District Court. 640d-6. Joint ownership and management of coal, oil, gas and other minerals within or underlying partitioned lands; division of proceeds. 640d-7. Determination of tribal rights and interests in land. 640d-8. Allotments in severalty to Paiute Indians now located on lands; issue of patents declaring United States as trustee. 640d-9. Partitioned or other designated lands. 640d-10. Resettlement lands for Navajo Tribe. 640d-11. Office of Navajo and Hopi Indian Relocation. 640d-12. Report concerning relocation of households and members of each tribe. 640d-13. Relocation of households and members. 640d-14. Relocation housing. 640d-15. Payment of fair rental value for use of lands subsequent to date of partition. 640d-16. Title, possession, and enjoyment of lands. 640d-17. Actions for accounting, fair value of grazing, and claims for damages to land. 640d-18. Reduction of livestock within joint use area. 640d-19. Perpetual use of Cliff Spring as shrine for religious ceremonial purposes; boundary; piping of water for use by residents. 640d-20. Use and right of access to religious shrines on reservation of other tribe. 640d-21. Payments not to be considered as income for eligibility under any other Federal or federally assisted program or for assistance under Social Security Act or for revenue purposes. 640d-22. Authorization for exchange of reservation lands; availability of additional relocation benefits; restrictions. 640d-23. Separability. 640d-24. Authorization of appropriations. 640d-25. Discretionary fund to expedite relocation efforts. 640d-26. Implementation requirements. 640d-27. Attorney fees, costs and expenses for litigation or court action. 640d-28. Life estates. 640d-29. Restrictions on lobbying; exception. 640d-30. Navajo Rehabilitation Trust Fund. 640d-31. Residence of families eligible for relocation assistance. SUBCHAPTER XXIII - HOPI TRIBE: INDUSTRIAL PARK 641. Congressional findings and declaration of purpose. 642. Powers of Tribal Council. 643. Council's powers subject to approval by Secretary. 644. Bonds as valid and binding obligations. 645. Exemption from taxation. 646. Exempted securities. SUBCHAPTER XXIV - HUALAPAI TRIBE 647. Disposition of judgment fund; deductions; advances, expenditures, investments or reinvestments for authorized purposes. 648. Tax exemption. 649. Rules and regulations. SUBCHAPTER XXV - INDIANS OF CALIFORNIA 651. "Indians of California" defined. 652. Claims against United States for appropriated lands; submission to United States Court of Federal Claims; appeal; grounds for relief. 653. Statutes of limitations unavailable against claims; amount of decree; set-off. 654. Claims presented by petition; filing date; amendment; signature and verification; official letters, documents, etc., furnished. 655. Reimbursement of State of California for necessary costs and expenses. 656. Judgment amount deposited in Treasury to credit of Indians; interest rate; use of fund. 657. Revision of roll of Indians. 658. Distribution of $150 from fund to each enrolled Indian. 659. Distribution of judgment fund. 660. Equal share distribution of 1964 appropriation. 661. Equal share distribution of undistributed balance of 1945 appropriation. 662. Heirs of deceased enrollees; tax exemption. 663. Rules and regulations; filing deadline. SUBCHAPTER XXVI - SOUTHERN UTE INDIAN TRIBE OF COLORADO 668. Sale of lands held by the United States. 669. Use of sale proceeds for purchase of real property only. 670. Mortgage or deed of trust of lands sold; United States as party to all proceedings. SUBCHAPTER XXVII - UTE INDIANS OF UTAH 671. Use of funds of the Ute Indian Tribe of the Uintah and Ouray Reservation for expenditure and per capita payments; regulations applicable to loans; restriction on attorney fees. 672. Division of trust funds; ratification of resolution; crediting of shares; release of United States from liability in certain cases. 673. Repealed. 674. Use of funds of the Ute Mountain Tribe of the Ute Mountain Reservation for expenditure and per capita payments; taxation of lands and funds; regulations applicable to loans. 675. Restriction on payment of funds for agents' or attorneys' fees. 676. Use of funds of Southern Ute Tribe of Southern Ute Reservation for expenditure and per capita payments; regulations applicable to loans. 676a. Distribution of judgment fund. 676b. Distribution of judgment fund; deductions; availability for certain uses. 676b-1. Tax exemption. SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD MEMBERS 677. Purpose. 677a. Definitions. 677b. Method of determining Ute Indian blood. 677c. Transfer of members from full-blood roll to mixed-blood group; time; certification by Secretary. 677d. Restriction of tribe to full-blood members after publication of final rolls; non-interest of mixed-blood members; new membership. 677e. Organization of mixed-blood members; constitution and bylaws; representatives; actions in absence of organization. 677f. Employment of legal counsel for mixed-blood members; fees. 677g. Membership rolls of full-blood and mixed-blood members; preparation and initial publication; appeal from inclusion or omission from rolls; finality of determination; final publication; inheritable interest; future membership. 677h. Sale or other disposition of certain described lands; funds; relief of United States from liability; assigned lands. 677i. Division of assets; basis; prior alienation or encumbrance; partition by Secretary upon nonagreement; assistance; management of claims and rights; division of net proceeds; applicability of usual processes of the law to originally owned stock of corporate representative and to corporate distributions. 677j. Advances or expenditures from tribal funds; restrictions on mixed-blood group until adoption of plan for terminating supervision. 677k. Adjustment of debts in making per capita payments to mixed-blood members; execution of mortgages on property. 677l. Distribution to individual members of mixed-blood group; preparation and approval of plan; assistance; provisions permitted in plan. 677m. Procedure by Secretary if distribution not completed within seven years from August 27, 1954. 677n. Disposal by mixed-blood members of their individual interests in tribal assets; requisites and conditions. 677o. Termination of restrictions on individually owned property of the mixed-blood group. 677p. Tax exemption; exceptions and time limits; valuation for income tax on gains or losses. 677q. Applicability of decedents' estates laws to individual trust property of mixed-blood members. 677r. Indian claims unaffected. 677s. Valid leases, permits, liens, etc., unaffected. 677t. Water rights. 677u. Protection of minors, persons non compos mentis, and other members needing assistance; guardians. 677v. Termination of Federal trust; publication; termination of Federal services; application of Federal and State laws. 677w. Presentation of development program for full-blood group to eventually terminate Federal supervision. 677x. Citizenship status unaffected. 677y. Execution by Secretary of patents, deeds, etc. 677z. Rules and regulations; tribal or group referenda. 677aa. Procedure by Secretary upon non-agreement between mixed-blood and full-blood groups. SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA 681. Per capita payment to tribal members; rules and regulations. 682. Payment free of liens or claims. 683. Payments not "other income and resources". 684. Per capita payment to tribal members; installments; rules and regulations. 685. Payment free of liens or claims. 686. Payments not "other income and resources". 687. Per capita payment to tribal members; rules and regulations. 688. Payment free of liens or claims. 689. Payments not "other income and resources". 690. Distribution of judgment fund; tax exemption of per capita payments. SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION 691. Purpose. 692. Definitions. 693. Membership roll; preparation and initial publication; eligibility for enrollment; appeal from inclusion or omission from roll; finality of determination; final publication. 694. Personal property rights; restrictions. 695. Tribal property. 696. Individual property. 697. Property of deceased members. 698. Transfer of federally owned property. 699. Taxes; initial exemption; taxes following distribution; valuation for capital gains or losses. 700. Protection of minors, persons non compos mentis and other members needing assistance; guardians; other adequate means. 701. Advances or expenditures from tribal funds. 702. Execution by Secretary of patents, deeds, etc. 703. Termination of Federal trust. 704. Omitted. 705. Offset of individual indebtedness; credit. 706. Indian claims unaffected. 707. Valid leases, permits, liens, etc., unaffected. 708. Rules and regulations; tribal referenda. SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL SUPERVISION 711. Definitions. 711a. Federal recognition. 711b. Membership roll. 711c. Interim Council. 711d. Tribal constitution and bylaws. 711e. Reservation. 711f. Rules and regulations. SUBCHAPTER XXX-B - COW CREEK BAND OF UMPQUA TRIBE OF OREGON 712. Definitions. 712a. Extension of Federal recognition, rights, and privileges. 712b. Organization of tribe. 712c. Tribal membership. 712d. Rules. 712e. Certain property taken into trust. SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON 713. Definitions. 713a. Consideration of Confederated Tribes of Grand Ronde Community as one tribe. 713b. Restoration of Federal recognition, rights, and privileges. 713c. Interim Council. 713d. Tribal constitution and bylaws; tribal governing body. 713e. Membership rolls; voting rights of member. 713f. Establishment of tribal reservation. 713g. Regulations. SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION 714. Definitions. 714a. Extension of Federal recognition, rights, and privileges. 714b. Membership rolls. 714c. Interim Council. 714d. Tribal constitution and bylaws. 714e. Reservation. 714f. Regulations. SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF FEDERAL SUPERVISION 715. Definitions. 715a. Restoration of Federal recognition, rights, and privileges. 715b. Economic development. 715c. Transfer of land to be held in trust. 715d. Criminal and civil jurisdiction. 715e. Membership rolls. 715f. Interim government. 715g. Tribal constitution. 715h. Land and interests of Coquille Indian Tribe, Oregon. SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS: TERMINATION OF FEDERAL SUPERVISION 721. Transfer of property to Texas. 722. Termination of Federal trust; publication; termination of Federal services; admission to hospitals and schools. 723. Termination of Federal powers over tribe. 724. Cancellation of indebtedness. 725. Revocation of corporate charter. 726. Applicability of Federal and State laws. 727. Citizenship status unaffected. 728. Protection of Alabama and Coushatta Indians and conservation of resources after issuance of proclamation. SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS: RESTORATION OF FEDERAL SUPERVISION 731. Definitions. 732. Alabama and Coushatta Indian Tribes of Texas considered as one tribe. 733. Restoration of Federal trust relationship; Federal services and assistance. 734. State and tribal authority. 735. Adoption of new constitution and bylaws. 736. Provisions relating to tribal reservation. 737. Gaming activities. SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION 741. Purpose. 742. Definitions. 743. Membership roll; preparation and initial publication; appeal from inclusion or omission from roll; finality of determination; final publication. 744. Personal property rights; restrictions. 745. Tribal property. 746. Individual property. 747. Property of deceased members. 748. Transfer of federally owned property. 749. Taxes; initial exemption; taxes following distribution; valuation for capital gains and losses. 750. Indian claims unaffected. 751. Valid leases, permits, liens, etc., unaffected. 752. Water rights. 753. Protection of minors, persons non compos mentis and other members needing assistance; guardians; other adequate means. 754. Advances or expenditures from tribal funds. 755. Execution by Secretary of patents, deeds, etc. 756. Cancellation of indebtedness. 757. Termination of Federal trust. 758. Status of Tribes. 759. Rules and regulations; tribal referenda. 760. Education and training program; purposes; subjects; transportation; subsistence; contracts; other education programs. SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL SUPERVISION 761. Definitions. 762. Federal restoration of supervision. 763. Membership roll. 764. Interim Council. 765. Tribal constitution and bylaws. 766. Tribal reservation. 767. Legal claims barred for lands lost through tax or other sales since September 1, 1954. 768. Rules and regulations. SUBCHAPTER XXXIII - INDIAN TRIBES OF OREGON 771. Enrollment of descendants; determination of eligibility. 772. Per capita payments to tribal members; tax exemption. 773. Payments. 774. Costs. 775. Rules and regulations. SUBCHAPTER XXXIV - CREEK NATION OF INDIANS 781. Distribution of funds. 782. Payment to heirs or legatees. 783. Payments to minors or persons under legal disability; liens, exception; tax exemption. 784. Appropriations. 785. Rules and regulations. 786. Credit of unclaimed and unpaid share of funds. 787. Advances or expenditures from tribal funds. 788. Federal trust upon escheat of estates of members dying intestate without heirs. 788a. Disposition of judgment funds; preparation of Indian roll; eligibility. 788b. Distribution of funds; tax exemption; equal shares. 788c. Heirs of deceased enrollees. 788d. Rules and regulations. 788e. Disposition of judgment funds. 788f. Distribution of funds; tax exemption; equal shares. 788g. Heirs of deceased enrollees. 788h. Rules and regulations. SUBCHAPTER XXXV - WYANDOTTE TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION 791 to 807. Repealed. SUBCHAPTER XXXVI - PEORIA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION 821 to 826. Repealed. SUBCHAPTER XXXVII - OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION 841 to 853. Repealed. SUBCHAPTER XXXVII-A - WYANDOTTE, PEORIA, OTTAWA, AND MODOC TRIBES OF OKLAHOMA: RESTORATION OF FEDERAL SUPERVISION 861. Federal recognition of Wyandotte, Ottawa, and Peoria Tribes. 861a. Organization of tribes. 861b. Restoration of supervision as fulfilling other Federal statutory requirements. 861c. Programs and services by United States; participation in by tribes as result of return to status as Indians. SUBCHAPTER XXXVIII - OTOE AND MISSOURIA INDIANS 871. Membership roll; preparation; eligibility for enrollment; finality of determination. 872. Per capita distribution to tribal members. 873. Per capita payments. 874. Costs. 875. Rules and regulations. 876. Advances or expenditures from tribal funds; tax exemption. SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA 881. Potawatomi Indians; disposition of judgment fund; deductions; advances or expenditures for authorized purposes; tax exemption. 881a. Trusts and other procedures for protection of minors and persons under legal disability. 882. Sac and Fox Tribes; disposition of judgment fund; deductions; advances, expenditures, investments, or reinvestments for authorized purposes. 882a. Tax exemption. 883. Osage Tribe; disposition of judgment fund. 883a. Payment of allotments. 883b. Per capita shares; filing claims; reversion of unclaimed shares. 883c. Income tax exemption. 883d. Rules and regulations. SUBCHAPTER XL - MENOMINEE TRIBE OF WISCONSIN: TERMINATION OF FEDERAL SUPERVISION 891 to 902. Repealed. SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF FEDERAL SUPERVISION 903. Definitions. 903a. Federal recognition. 903b. Menominee Restoration Committee. 903c. Tribal constitution and bylaws. 903d. Transfer of assets of Menominee Enterprises, Inc. 903e. Rules and regulations. 903f. Authorization of appropriations. SUBCHAPTER XLII - QUAPAW TRIBE: DISTRIBUTION OF JUDGMENT FUND 911. Membership roll; preparation; eligibility for enrollment; applications for enrollment; protests; finality of determination. 912. Per capita payments to enrollees, heirs or legatees; tax exemption. 913. Distribution of shares. 914. Costs. SUBCHAPTER XLIII - CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF ASSETS 931 to 938. Repealed. SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA; RESTORATION OF FEDERAL TRUST RELATIONSHIP 941. Declaration of policy, Congressional findings and purpose. 941a. Definitions. 941b. Restoration of Federal trust relationship. 941c. Settlement funds. 941d. Ratification of prior transfers; extinguishment of aboriginal title, rights and claims. 941e. Base membership roll. 941f. Transitional and provisional government. 941g. Tribal constitution and governance. 941h. Administrative provisions relating to jurisdiction, taxation, and other matters. 941i. Tribal trust funds. 941j. Establishment of Expanded Reservation. 941k. Non-Reservation properties. 941l. Games of chance. 941m. General provisions. 941n. Tax treatment of income and transactions. SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF CALIFORNIA: EQUALIZATION OF ALLOTMENTS 951. Authority to equalize allotments. 952. Members entitled to allotment; prohibition against further allotments. 953. Lands. 954. Powers and duties of guardians. 955. Tax exemption. 956. Claims against allotments. 957. Allotments deemed full equalization. 958. Organization and transfer of title to legal entity. SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND 961. Membership roll; preparation; eligibility for enrollment; applications for enrollment; protests; finality of determination. 962. Membership roll; enrollment of children born after September 14, 1961. 963. Per capita distributions to tribal members; attorneys' fees and expenses; advances or expenditures from tribal funds; tax exemption. 964. Distribution of shares. 965. Payments not subject to liens, debts, or claims; exception. 966. Costs. 967. Rules and regulations. 967a. Per capita payments to enrolled tribal members; use of balance of funds. 967b. Payments to minors and persons under legal disability; shares under certain amount to revert to tribe. 967c. Tax exemption. 967d. Rules and regulations. SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL SUPERVISION 971. Membership roll; preparation; eligibility for enrollment; protests against inclusion or omission from roll; finality of determination; publication of roll; publication of notice of agreement to division of assets; finality of roll. 972. Personal property rights; restrictions. 973. Distribution of assets. 974. Sale of trust lands. 975. Land surveys and execution of conveyances by Secretary; title of grantee. 976. Indian claims unaffected. 977. Rights, privileges, and obligations under Nebraska laws unaffected. 978. Taxes; initial exemption; taxes following distribution; valuation for capital gains or losses. 979. Expenses; appropriation authorization. 980. Termination of Federal trust; publication; termination of Federal services; application of Federal and State laws; citizenship status unaffected. SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS AND PRIVILEGES 983. Definitions. 983a. Federal recognition. 983b. Restoration of rights. 983c. Services. 983d. Interim government. 983e. Membership roll. 983f. Tribal constitution. 983g. Regulations. 983h. Economic development plan. SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND 991. Per capita payments to tribal members; closure of rolls; appropriations; accrued interest; deductions. 992. Payments to adults, heirs or legatees; shares under certain amounts to revert to tribe; protection of minors and persons under legal disability. 993. Claims. 994. Tax exemption. 995. Payments not subject to liens, debts, or claims; exception. 996. Payments not "other income and resources". 997. Costs. 998. Rules and regulations. SUBCHAPTER XLVIII - SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION OF JUDGMENT FUND 1011. Membership roll; preparation; eligibility for enrollment; time for filing application; finality of Secretary's determination. 1012. Authorization to withdraw, prorate and distribute funds. 1013. Distribution; persons entitled; considerations; tax exemption. 1014. Costs. 1015. Rules and regulations. SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT FUND 1031. Disposition of funds. 1032. Absentee and Eastern Bands; authorization for use of funds by tribal governing bodies; approval of Secretary of the Interior. 1033. Cherokee Band; preparation of roll; eligibility for enrollment; rules and regulations. 1034. Cherokee Band; per capita distribution. 1035. Distribution of shares. 1036. Taxes. 1037. Costs. 1038. Rules and regulations. SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS 1041. Findings. 1041a. Definitions. 1041b. Federal recognition, trust relationship, and program eligibility. 1041c. Establishment of a tribal roll. 1041d. Organization of the Tribe; tribal constitution. 1041e. Tribal land. 1041f. Jurisdiction. 1041g. Individual Indian land. 1041h. Treaties not affected. SUBCHAPTER L - TILLAMOOK AND NEHALEM BANDS OF THE TILLAMOOK INDIANS: DISTRIBUTION OF JUDGMENT FUND 1051. Membership roll; preparation; eligibility for enrollment; filing of applications; finality of Secretary's decision. 1052. Distribution of funds; pro rata basis. 1053. Taxes. 1054. Costs. 1055. Rules and regulations. SUBCHAPTER LI - CONFEDERATED TRIBES OF THE COLVILLE RESERVATION: DISTRIBUTION OF JUDGMENT FUND 1071. Per capita payments to enrolled tribal members; tax exemption. 1072. Per capita distribution; limitation of $950 per share. 1073. Tax exemption; payments to minors and persons under legal disabilities. SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND 1081. Division of funds on basis of tribal membership rolls; advances or expenditures from tribal funds. 1082. Membership rolls; preparation; eligibility for enrollment; relinquishment of membership with other tribes. 1083. Quileute base roll. 1084. Hoh base roll. 1085. Tribal organizational document: development and adoption. 1086. Advances or expenditures from tribal funds. 1087. Tax exemption. 1088. Rules and regulations. SUBCHAPTER LIII - NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND 1101. Membership roll; preparation; eligibility for enrollment; filing of applications; finality of determination. 1102. Distribution of funds; persons entitled. 1103. Payments to enrollees, heirs or legatees; protection of minors and persons under legal disability; credits of shares under certain amounts; escheat. 1104. Tax exemption. 1105. Rules and regulations. SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND 1111. Distribution and use of funds. 1112. Advances or expenditures from funds of Miami Tribe of Oklahoma; persons entitled. 1113. Miami Indians of Indiana; membership roll; preparation; eligibility for enrollment. 1114. Miami Indians of Oklahoma; membership roll; preparation; eligibility for enrollment. 1115. Applications; place for filing; finality of determination. 1116. Distribution of funds of Miami Indians of Indiana; persons entitled. 1117. Distribution of funds of Miami Indians of Oklahoma; persons entitled. 1118. Distribution of shares. 1119. Reserve funds for expenses. 1120. Tax exemption; costs. 1121. Rules and regulations. 1122. Payment and distribution of judgment funds. 1123. Costs. 1124. Revision of enrollment list. 1125. Applications for enrollment. 1126. Equal distribution to individuals enrolled. 1127. Use of appropriated funds; approval by Secretary on receipt of recommendations from tribal governing body. 1128. Distribution of shares. 1129. Tax exemption. 1130. Rules and regulations. SUBCHAPTER LV - DUWAMISH TRIBE OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND 1131. Membership roll; preparation; eligibility for enrollment; applications; place for filing; finality of determination. 1132. Equal share distribution; persons entitled. 1133. Payments to enrollees, heirs, or legatees; protection of minors and persons under legal disability; escheats. 1134. Tax exemption. 1135. Rules and regulations. SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF JUDGMENT FUND 1141. Distribution of funds; attorney's fees and expenses. 1142. Membership rolls; Oneida Tribe of Wisconsin; Stockbridge-Munsee Indian Community of Wisconsin; Brotherton Indians of Wisconsin. 1143. Assistance of Secretary in preparing membership rolls; applications for enrollment. 1144. Apportionment; ratio of apportioned shares. 1145. Disposition of apportioned shares. 1146. Federal and State income taxes. 1147. Rules and regulations. SUBCHAPTER LVII - UPPER AND LOWER CHEHALIS TRIBES: DISTRIBUTION OF JUDGMENT FUND 1151. Membership roll; preparation; eligibility for enrollment; applications; finality of determination. 1152. Distribution in equal shares. 1153. Payments to minors and persons under legal disabilities; escheats. 1154. Tax exemption. 1155. Rules and regulations. SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND 1161. Authorization for distribution of funds. 1162. Trust; education and scholarships; approval of agreement. 1163. Payments to enrollees, heirs or legatees; trust for minors and persons under legal disability; approval of agreement. 1164. Claims. 1165. Tax exemption. 1166. Costs. 1167. Rules and regulations. SUBCHAPTER LIX - IOWA TRIBES OF KANSAS AND NEBRASKA AND OF OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND 1171. Distribution of funds; authorized spending; per capita payment; tax exemption. SUBCHAPTER LX - DELAWARE NATION OF INDIANS 1181. Distribution of judgment fund; preparation of Indian roll; eligibility. 1182. Division between Cherokee Delawares and the Delaware Tribe of Indians of Western Oklahoma. 1183. Equal share distribution. 1184. Heirs of deceased enrollees. 1185. Tax exemption. 1186. Rules and regulations. SUBCHAPTER LXI - CONFEDERATED TRIBES OF UMATILLA RESERVATION: DISTRIBUTION OF JUDGMENT FUND 1191. Per capita distribution; trusts for minors and incompetents; payments to heirs or legatees. 1192. Eligibility for per capita payments. 1193. Status of funds pending distribution. 1194. Per capita distributions as exempt from taxation. 1195. Disposition of funds withheld from per capita distribution. SUBCHAPTER LXII - SIOUX TRIBE OF MONTANA: DISTRIBUTION OF JUDGMENT FUND 1201. Per capita distributions to tribal members; attorney's fees, expenses, and other deductions; eligibility of members. 1202. Per capita shares; reversion to tribe; use of reverted funds. 1203. Protection of minors and persons under legal disability. 1204. Tax exemption. 1205. Amount of agreed contribution to joint account for expenditure for official salaries and expenses of Fort Peck Tribes; discretionary per capita distributions. SUBCHAPTER LXIII - TLINGIT AND HAIDA INDIANS OF ALASKA 1211. Distribution of fund; authorized spending; tax exemption. 1212. Findings. 1213. Reaffirmation of tribal status. 1214. Disclaimer. 1215. Prohibition against duplicative services. SUBCHAPTER LXIV - CONFEDERATED TRIBES OF WEAS, PIANKASHAWS, PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND 1221. Membership roll. 1222. Disposition of funds: improvement and maintenance of Peoria Indian Cemetery; distribution of balance in equal shares. 1223. Distribution of shares. 1224. Subsequent judgment funds; distribution; preparation of current membership roll. 1225. Tax exemption. 1226. Shares not distributed within two years; unexpended funds; reversion; bar of claims. 1227. Rules and regulations. SUBCHAPTER LXV - CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND 1231. Persons eligible for equal share payments. 1232. Enrollment. 1233. Payments to enrollees; per capita shares to heirs or legatees; trusts and other procedures for protection of minors and persons under legal disability. 1234. Tax exemption. 1235. Identity of eligibility roll and membership roll. 1236. Costs. SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF JUDGMENT FUND 1241. Distribution of funds; attorney fees and expenses. 1242. Membership rolls; preparation; eligibility; excluded persons. 1243. Enrollment applications; filing; finality of determination. 1244. Apportionment of funds; members and descendents of Minnesota Chippewa Tribe, the Turtle Mountain Band of Chippewas of North Dakota, the Chippewa-Cree Tribe of Montana. 1245. Use of funds apportioned; approval by Secretary on receipt of recommendations from certain tribal organizations. 1246. Tax exemption. 1247. Payments to enrollees, heirs, or legatees; protection of the interests of minors and persons under legal disability. 1248. Rules and regulations. SUBCHAPTER LXVII - CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION, MONTANA: DISTRIBUTION OF JUDGMENT FUND 1251. Distribution of funds; attorney fees and expenses. 1252. Tax exemption. 1253. Payments to minors. SUBCHAPTER LXVIII - BLACKFEET AND GROS VENTRE TRIBES: DISTRIBUTION OF JUDGMENT FUND 1261. Distribution of funds; attorney fees and expenses. 1262. Membership roll; per capita distribution; minors. 1263. Use of funds; authorization and approval. 1264. Tax exemption; Social Security eligibility. 1265. Rules and regulations. SUBCHAPTER LXIX - JICARILLA APACHE TRIBE: DISTRIBUTION OF JUDGMENT FUND 1271. Disposition of judgment funds. 1272. Protection of minors and persons under legal disability. 1273. Tax exemption. 1274. Rules and regulations. SUBCHAPTER LXX - HAVASUPAI TRIBE OF ARIZONA: DISTRIBUTION OF JUDGMENT FUND 1281. Disposition of funds. 1282. Tax exemption. 1283. Payments to adults; trusts for minors and persons under legal disability. 1284. Rules and regulations. SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND 1291. Disposition of funds. 1292. Membership roll requirements. 1293. Applications for enrollment; filing date and place; notice and appeal of rejections; review. 1294. Apportionment, credit, and disposition of funds. 1295. Payments to adults; trusts for minors and persons under legal disability. 1296. Income tax exemption. 1297. Rules and regulations. SUBCHAPTER LXXII - YAVAPAI APACHE TRIBE OF ARIZONA: DISTRIBUTION OF JUDGMENT FUND 1300. Distribution of funds; attorney fees and expenses. 1300a. Percentage of funds for Payson Indian Band. 1300a-1. Membership roll; preparation; eligibility for enrollment; verification; approval. 1300a-2. Apportionment of funds; advances, expenditures, investments, or reinvestments; utilization of funds for Payson Band. 1300a-3. Tax exemption; trusts and other procedures for protection of minors and persons under legal disability. 1300a-4. Rules and regulations. SUBCHAPTER LXXIII - KICKAPOO INDIANS OF KANSAS AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND 1300b. Disposition of judgment funds; division of funds on basis of tribal membership rolls; net tribal credits. 1300b-1. Distribution of shares. 1300b-2. Approval of plans for use of money after submission to Congressional committees. 1300b-3. Per capital payments; trusts and other procedures for protection of minors and persons under legal disability. 1300b-4. Tax exemption. 1300b-5. Rules and regulations. SUBCHAPTER LXXIII-A - TEXAS BAND OF KICKAPOO INDIANS 1300b-11. Congressional findings and declaration of policy. 1300b-12. Definitions. 1300b-13. Band roll. 1300b-14. Land acquisition. 1300b-15. Jurisdiction. 1300b-16. Provision of Federal Indian services. SUBCHAPTER LXXIV - YANKTON SIOUX TRIBE: DISTRIBUTION OF JUDGMENT FUND 1300c. Distribution of funds; attorney fees and expenses. 1300c-1. Funds for expert witnesses and programing needs. 1300c-2. Membership roll; preparation; tribal constitutional requirements. 1300c-3. Per capita distributions to tribal members; advances, expenditures, investments, or reinvestments for authorized purposes; trusts and other procedures for protection of minors and persons under legal disability. 1300c-4. Tax exemption. 1300c-5. Rules and regulations. SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT FUND PART A - 1972 DISTRIBUTION AUTHORITY 1300d. Distribution of funds; attorney fees and expenses. 1300d-1. Lower Council Sioux. 1300d-2. Apportionment of funds; deposit in United States Treasury; per capita shares; advances, deposits, expenditures, investments, or reinvestments for approved purposes. 1300d-3. Upper Council Sioux. 1300d-4. Apportionment of funds. 1300d-5. Citizenship requirement. 1300d-6. Election of group for enrollment. 1300d-7. Protection of minors and persons under legal disability. 1300d-8. Income tax exemption. 1300d-9. Rules and regulations. 1300d-10. Authority to settle action. PART B - 1998 DISTRIBUTION AUTHORITY 1300d-21. Definitions. 1300d-22. Distribution to, and use of certain funds by, the Sisseton and Wahpeton Tribes of Sioux Indians. 1300d-23. Distribution of funds to tribes. 1300d-24. Use of distributed funds. 1300d-25. Effect of payments to covered Indian tribes on benefits. 1300d-26. Distribution of funds to lineal descendants. 1300d-27. Jurisdiction; procedure. SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF JUDGMENT FUND 1300e. Disposition of funds; percentage basis for division; attorney fees and expenses. 1300e-1. Per capita shares to members of Assiniboine Tribe of Fort Peck Reservation; deductions; eligibility for payments. 1300e-2. Expenditure of withheld funds for certain salaries and expenses; additional per capita distributions. 1300e-3. Per capita shares to members of Assiniboine Tribe of Fort Belknap Reservation; deductions; eligibility for payments. 1300e-4. Expenditure of withheld funds for authorized purposes; community projects; additional per capita distributions. 1300e-5. Per capita shares; reversion to tribe. 1300e-6. Income tax exemption; protection of minors and persons under legal disability. 1300e-7. Rules and regulations. SUBCHAPTER LXXVII - PASCUA YAQUI TRIBE 1300f. Status of Pascua Yaqui Indian people. 1300f-1. Tribal constitution and bylaws; review by Secretary; publication of documents and membership roll in Federal Register. 1300f-2. Membership of Tribe. 1300f-3. Study. SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL SUPERVISION 1300g. Definitions. 1300g-1. Redesignation of tribe. 1300g-2. Restoration of Federal trust relationship; Federal services and assistance. 1300g-3. State and tribal authority. 1300g-4. Provisions relating to tribal reservation. 1300g-5. Tiwa Indians Act repealed. 1300g-6. Gaming activities. 1300g-7. Tribal membership. SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA INDIANS 1300h. Congressional findings. 1300h-1. Definitions. 1300h-2. Federal trust relationship. 1300h-3. Establishment of a Band roll. 1300h-4. Organization of tribe; constitution and governing body. 1300h-5. Land acquisition; establishment of Federal reservation. 1300h-6. Distribution of funds. 1300h-7. Constitutional amendment. 1300h-8. Compliance with Budget Act. SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT 1300i. Short title and definitions. 1300i-1. Reservations; partition and additions. 1300i-2. Preservation of Short cases. 1300i-3. Hoopa-Yurok Settlement Fund. 1300i-4. Hoopa-Yurok Settlement Roll. 1300i-5. Election of settlement options. 1300i-6. Division of Settlement Fund remainder. 1300i-7. Hoopa Valley Tribe; confirmation of status. 1300i-8. Recognition and organization of the Yurok Tribe. 1300i-9. Economic development. 1300i-10. Special considerations. 1300i-11. Limitations of actions; waiver of claims. SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS 1300j. Findings. 1300j-1. Federal recognition. 1300j-2. Services. 1300j-3. Tribal membership. 1300j-4. Constitution and governing body. 1300j-5. Tribal lands. 1300j-6. Service area. 1300j-7. Jurisdiction. 1300j-7a. Membership list. 1300j-8. Definitions. SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS; LITTLE RIVER BAND OF OTTAWA INDIANS 1300k. Findings. 1300k-1. Definitions. 1300k-2. Federal recognition. 1300k-3. Reaffirmation of rights. 1300k-4. Transfer of land for benefit of Bands. 1300k-5. Membership. 1300k-6. Constitution and governing body. 1300k-7. Membership list. SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION 1300l. Restoration of Federal recognition, rights, and privileges. 1300l-1. Economic development. 1300l-2. Transfer of land to be held in trust. 1300l-3. Membership rolls. 1300l-4. Interim government. 1300l-5. Tribal constitution. 1300l-6. Definitions. 1300l-7. Regulations. SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA 1300m. Definitions. 1300m-1. Restoration of Federal recognition, rights, and privileges. 1300m-2. Economic development. 1300m-3. Transfer of land to be held in trust. 1300m-4. Membership rolls. 1300m-5. Interim government. 1300m-6. Tribal constitution. 1300m-7. General provision. SUBCHAPTER LXXXV - GRATON RANCHERIA RESTORATION 1300n. Findings. 1300n-1. Definitions. 1300n-2. Restoration of Federal recognition, rights, and privileges. 1300n-3. Transfer of land to be held in trust. 1300n-4. Membership rolls. 1300n-5. Interim government. 1300n-6. Tribal constitution. -End- -CITE- 25 USC SUBCHAPTER I - GENERAL PROVISIONS 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -End- -CITE- 25 USC Sec. 441 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 441. Repealed. -MISC1- Sec. 441. Repealed. Pub. L. 96-277, Sec. 2, June 17, 1980, 94 Stat. 545. Section, act June 19, 1939, ch. 210, 53 Stat. 840, recognized right of Indian employees of the Federal Government to Indian benefits available under Acts of Congress, and under regulations of the Secretary of the Interior, to be members of Indian tribes, corporations, or cooperative associations organized by Indians and recipients of benefits by reason of membership. EFFECTIVE DATE OF REPEAL Section repealed sixty days after June 17, 1980, see section 4 of Pub. L. 96-277, set out as a note under section 68 of this title. -End- -CITE- 25 USC Sec. 442 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 442. Livestock loans; cash settlements -STATUTE- All acceptances of cash settlements by the Commissioner of Indian Affairs for livestock lent by the United States to any individual Indian, or to any tribe, association, corporation, or other group of Indians, and all sales and relending of livestock repaid in kind to the United States on account of such loans are authorized and ratified: Provided, That on and after May 24, 1950, the value of such livestock for the purposes of any such cash settlement shall be based on prevailing market prices in the area and shall be ascertained by a committee composed of three members, one of whom shall be selected by the superintendent of the particular agency, one of whom shall be selected by the chairman of the tribal council, and one of whom shall be selected by the other two members. -SOURCE- (May 24, 1950, ch. 197, Sec. 1, 64 Stat. 190.) -End- -CITE- 25 USC Sec. 443 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 443. Disposition of cash settlements -STATUTE- Any moneys received on and after May 24, 1950, in settlement of such debts or from the sale of livestock so repaid to the United States shall be deposited in the revolving fund established pursuant to the Acts of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], and June 26, 1936 (49 Stat. 1967) [25 U.S.C. 501 et seq.], as amended and supplemented. -SOURCE- (May 24, 1950, ch. 197, Sec. 2, 64 Stat. 190.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (Sec. 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. Provisions of the Act establishing the revolving fund are set out in section 470 of this title. Act of June 26, 1936, referred to in text, popularly known as the Oklahoma Welfare Act, is classified generally to subchapter VIII (Sec. 501 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 501 of this title and Tables. Provisions of the Act relating to the revolving fund appear in section 506 of this title. Funds in the revolving fund authorized by these Acts, and certain other sums, to be administered after Apr. 12, 1974, as a single Indian Revolving Loan Fund, see section 1461 of this title. -End- -CITE- 25 USC Sec. 443a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 443a. Conveyance to Indian tribes of federally owned buildings, improvements, or facilities; disposition of property by Indians; forfeiture; "Indian" defined -STATUTE- The Secretary of the Interior at the request of any Indian tribe, band, or group is authorized to convey to such Indian tribe, band, or group, by such means as he may deem appropriate, title to any federally owned buildings, improvements, or facilities (including any personal property used in connection with such buildings, improvements, or facilities) that are situated on lands of such tribe, band, or group or on lands reserved for the administration of its affairs, and that are no longer required by the Secretary for the administration of Indian affairs. Any tribe, band, or group to which property is conveyed pursuant to this section may dispose of such property whenever its governing body determines that the property is no longer needed for its use. If, at any time while property conveyed pursuant to this section remains in the ownership of any Indian tribe, band, or group, the Secretary of the Interior determines that such property is not being adequately maintained or properly utilized by such tribe, band, or group or that the property creates a health or safety hazard or other undesirable condition, he may declare a forfeiture of the conveyance and the title to such property shall thereupon revert to the United States. Such determination by the Secretary shall be final. For the purpose of this section, the term "Indian" shall include Eskimos and Aleuts. -SOURCE- (Aug. 6, 1956, ch. 979, 70 Stat. 1057.) -End- -CITE- 25 USC Sec. 443b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 443b. Indian goods and supplies -STATUTE- Payment for transportation of Indian goods and supplies shall include all Indian transportation lawfully due such land-grant railroads as have not received aid in Government bonds (to be adjusted in accordance with the decisions of the Supreme Court in cases decided under such land-grant Acts), but in no case shall more than 50 per centum of full amount of service be paid to said land-grant roads: Provided, That such compensation shall be computed upon the basis of the tariff or lower special rates for like transportation performed for the public at large, and shall be accepted as in full for all demands for such service: Provided further, That on and after April 30, 1908 in expending money appropriated for this purpose a railroad company which has not received aid in bonds of the United States, and which obtained a grant of public lands to aid in the construction of its railroad on condition that such railroad should be a post route and military road, subject to the use of the United States for postal, military, naval, and other Government services, and also subject to such regulations as Congress may impose, restricting the charge for such government transportation, having claims against the United States for transportation of Indian goods and supplies over such aided railroads, shall be paid out of the moneys appropriated for such purpose only on the basis of such rate for the transportation of such Indian goods and supplies as the Secretary of the Interior shall deem just and reasonable under the provisions set forth herein, such rate not to exceed 50 per centum of the compensation for such Government transportation as shall at that time be charged to and paid by private parties to any such company for like and similar transportation; and the amount so fixed to be paid shall be accepted as in full for all demands for such service. -SOURCE- (Apr. 30, 1908, ch. 153, 35 Stat. 73.) -COD- CODIFICATION Section was formerly classified to section 93 of Title 45, Railroads. -End- -CITE- 25 USC Sec. 443c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 443c. Emergency plan for Indian safety and health -STATUTE- (a) Establishment of Fund There is established in the Treasury of the United States a fund, to be known as the "Emergency Fund for Indian Safety and Health" (referred to in this section as the "Fund"), consisting of such amounts as are appropriated to the Fund under subsection (b). (b) Transfers to Fund (1) In general There is authorized to be appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, $1,602,619,000 for the 5-year period beginning on October 1, 2008. (2) Availability of amounts Amounts deposited in the Fund under this section shall - (A) be made available without further appropriation; (B) be in addition to amounts made available under any other provision of law; and (C) remain available until expended. (c) Expenditures from Fund On request by the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services, the Secretary of the Treasury shall transfer from the Fund to the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services, as appropriate, such amounts as the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services determines to be necessary to carry out the emergency plan under subsection (f). (d) Transfers of amounts (1) In general The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Remaining amounts Any amounts remaining in the Fund on September 30 of an applicable fiscal year may be used by the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services to carry out the emergency plan under subsection (f) for any subsequent fiscal year. (f) Emergency plan Not later than 1 year after July 30, 2008, the Attorney General, the Secretary of the Interior, and the Secretary of Health and Human Services, in consultation with Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), shall jointly establish an emergency plan that addresses law enforcement, water, and health care needs of Indian tribes under which, for each of fiscal years 2010 through 2019, of amounts in the Fund - (1) the Attorney General shall use - (A) 18.5 percent for the construction, rehabilitation, and replacement of Federal Indian detention facilities; (B) 1.5 percent to investigate and prosecute crimes in Indian country (as defined in section 1151 of title 18); (C) 1.5 percent for use by the Office of Justice Programs for Indian and Alaska Native programs; and (D) 0.5 percent to provide assistance to - (i) parties to cross-deputization or other cooperative agreements between State or local governments and Indian tribes (as defined in section 479a of this title) carrying out law enforcement activities in Indian country; and (ii) the State of Alaska (including political subdivisions of that State) for carrying out the Village Public Safety Officer Program and law enforcement activities on Alaska Native land (as defined in section 3902 of this title); (2) the Secretary of the Interior shall - (A) deposit 15.5 percent in the public safety and justice account of the Bureau of Indian Affairs for use by the Office of Justice Services of the Bureau in providing law enforcement or detention services, directly or through contracts or compacts with Indian tribes under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and (B) use not more than $602,619,000 to implement requirements of Indian water settlement agreements that are approved by Congress (or the legislation to implement such an agreement) under which the United States shall plan, design, rehabilitate, or construct, or provide financial assistance for the planning, design, rehabilitation, or construction of, water supply or delivery infrastructure that will serve an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); and (3) the Secretary of Health and Human Services, acting through the Director of the Indian Health Service, shall use 12.5 percent to provide, directly or through contracts or compacts with Indian tribes under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) - (A) contract health services; (B) construction, rehabilitation, and replacement of Indian health facilities; and (C) domestic and community sanitation facilities serving members of Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) pursuant to section 2004a of title 42. -SOURCE- (Pub. L. 110-293, title VI, Sec. 601, July 30, 2008, 122 Stat. 2968; Pub. L. 111-291, title VIII, Sec. 831, Dec. 8, 2010, 124 Stat. 3163.) -REFTEXT- REFERENCES IN TEXT The Indian Self-Determination and Education Assistance Act, referred to in subsec. (f)(2)(A), (3), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. -MISC1- AMENDMENTS 2010 - Subsec. (b)(1). Pub. L. 111-291, Sec. 831(1), substituted "$1,602,619,000" for "$2,000,000,000". Subsec. (f)(2)(B). Pub. L. 111-291, Sec. 831(2), substituted "not more than $602,619,000" for "50 percent". -End- -CITE- 25 USC Secs. 444 to 449 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Secs. 444 to 449. Repealed. -MISC1- Secs. 444 to 449. Repealed. Aug. 5, 1954, ch. 658, Sec. 5, 68 Stat. 675. Sections, act Apr. 3, 1952, ch. 129, Secs. 1-6, 66 Stat. 35, related to Indian hospital services and facilities. See section 2001 et seq. of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as an Effective Date note under section 2001 of Title 42, The Public Health and Welfare. -End- -CITE- 25 USC SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE -HEAD- SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE -End- -CITE- 25 USC Sec. 450 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE -HEAD- Sec. 450. Congressional statement of findings -STATUTE- (a) Findings respecting historical and special legal relationship, and resultant responsibilities The Congress, after careful review of the Federal Government's historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that - (1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and (2) the Indian people will never surrender their desire to control their relationships both among themselves and with non- Indian governments, organizations, and persons. (b) Further findings The Congress further finds that - (1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles; (2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and (3) parental and community control of the educational process is of crucial importance to the Indian people. -SOURCE- (Pub. L. 93-638, Sec. 2, Jan. 4, 1975, 88 Stat. 2203.) -MISC1- SHORT TITLE OF 2000 AMENDMENTS Pub. L. 106-568, title VIII, Sec. 801, Dec. 27, 2000, 114 Stat. 2916, provided that: "This title [amending sections 450l, 458cc, 1407, and 3207 of this title and sections 5604, 5608, and 5609 of Title 20, Education, and repealing section 84 of this title and sections 438 and 439 of Title 18, Crimes and Criminal Procedure] may be cited as the 'Native American Laws Technical Corrections Act of 2000'." Pub. L. 106-568, title XIII, Sec. 1301, Dec. 27, 2000, 114 Stat. 2936, provided that: "This title [enacting part F (Sec. 458bbb et seq.) of this subchapter] may be cited as the 'American Indian Education Foundation Act of 2000'." Pub. L. 106-260, Sec. 1, Aug. 18, 2000, 114 Stat. 711, provided that: "This Act [enacting part E (Sec. 458aaa et seq.) of this subchapter, amending sections 450f, 450j, and 450j-1 of this title, enacting provisions set out as notes under sections 450f and 458aaa of this title, and repealing provisions set out as a note under section 450f of this title] may be cited as the 'Tribal Self- Governance Amendments of 2000'." SHORT TITLE OF 1994 AMENDMENT Pub. L. 103-413, Sec. 1, Oct. 25, 1994, 108 Stat. 4250, provided that: "This Act [enacting part D (Sec. 458aa et seq.) of this subchapter and section 450l of this title, amending sections 450b, 450c, 450e, 450f, 450j to 450k, 450m, and 450m-1 of this title, and enacting provisions set out as notes under this section and section 458aa of this title] may be cited as the 'Indian Self-Determination Act Amendments of 1994'." Pub. L. 103-413, title I, Sec. 101, Oct. 25, 1994, 108 Stat. 4250, provided that: "This title [enacting section 450l of this title and amending sections 450b, 450c, 450e, 450f, 450j to 450k, 450m, and 450m-1 of this title] may be cited as the 'Indian Self- Determination Contract Reform Act of 1994'." Pub. L. 103-413, title II, Sec. 201, Oct. 25, 1994, 108 Stat. 4270, provided that: "This title [enacting part D (Sec. 458aa et seq.) of this subchapter and provisions set out as notes under section 458aa of this title] may be cited as the 'Tribal Self- Governance Act of 1994'." SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-644, title II, Sec. 201, Nov. 29, 1990, 104 Stat. 4665, provided that: "This title [amending sections 450b, 450c, 450f, 450h, 450j, 450j-1, and 450k of this title and enacting provisions set out as a note under section 450h of this title] may be cited as the 'Indian Self-Determination and Education Assistance Act Amendments of 1990'." SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-472, title I, Sec. 101, Oct. 5, 1988, 102 Stat. 2285, provided that: "This Act [enacting sections 450j-1 and 450m-1 of this title, amending sections 13a, 450a to 450c, 450f to 450j, 450k, and 450n of this title, sections 3371 and 3372 of Title 5, Government Organization and Employees, sections 2004b and 4762 of Title 42, The Public Health and Welfare, and section 456 of the Appendix to Title 50, War and National Defense, transferring section 450l of this title to section 450c(f) of this title, and enacting provisions set out as notes under this section and section 450f of this title] may be cited as the 'Indian Self-Determination and Education Assistance Act Amendments of 1988'." SHORT TITLE Section 1 of Pub. L. 93-638 provided: "That this Act [enacting this subchapter, section 13a of this title, and section 2004b of Title 42, The Public Health and Welfare, amending section 3371 of Title 5, Government Organization and Employees, section 4762 of Title 42, and section 456 of Title 50, Appendix, War and National Defense, and enacting provisions set out as notes under sections 450f, 455, and 457 of this title] may be cited as the 'Indian Self- Determination and Education Assistance Act'." Section 101 of title I of Pub. L. 93-638 provided that: "This title [enacting part A (Sec. 450f et seq.) of this subchapter and section 2004b of Title 42, The Public Health and Welfare, and amending section 3371 of Title 5, Government Organization and Employees, section 4762 of Title 42, and section 456 of the Appendix to Title 50, War and National Defense] may be cited as the 'Indian Self-Determination Act'." Section 201 of title II of Pub. L. 93-638 provided that: "This title [enacting part C (Sec. 458 et seq.) of this subchapter, sections 455 to 457 of this title, and provisions set out as a note under section 457 of this title] may be cited as the 'Indian Education Assistance Act'." SAVINGS PROVISIONS Pub. L. 100-472, title II, Sec. 210, Oct. 5, 1988, 102 Stat. 2298, provided that: "Nothing in this Act [see Short Title of 1988 Amendment note above] shall be construed as - "(1) affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or "(2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to Indian people." SEVERABILITY Pub. L. 100-472, title II, Sec. 211, Oct. 5, 1988, 102 Stat. 2298, provided that: "If any provision of this Act [see Short Title of 1988 Amendment note above] or the application thereof to any Indian tribe, entity, person or circumstance is held invalid, neither the remainder of this Act, nor the application of any provisions herein to other Indian tribes, entities, persons, or circumstances, shall be affected thereby." CONSULTATION WITH ALASKA NATIVE CORPORATIONS Pub. L. 108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by Pub. L. 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267, provided that: "The Director of the Office of Management and Budget and all Federal agencies shall hereafter consult with Alaska Native corporations on the same basis as Indian tribes under Executive Order No. 13175 [set out below]." -EXEC- EXECUTIVE ORDER NO. 13084 Ex. Ord. No. 13084, May 14, 1998, 63 F.R. 27655, which provided for agencies to establish regular and meaningful consultation and collaboration with Indian tribal governments in the development of regulatory practices on Federal matters that significantly or uniquely affect their communities, to reduce the imposition of unfunded mandates upon Indian tribal governments, and to streamline the application process for and increase the availability of waivers to Indian tribal governments, was revoked, effective 60 days after Nov. 6, 2000, by Ex. Ord. No. 13175, Sec. 9(c), Nov. 6, 2000, 65 F.R. 67251, set out below. EX. ORD. NO. 13175. CONSULTATION AND COORDINATION WITH INDIAN TRIBAL GOVERNMENTS Ex. Ord. No. 13175, Nov. 6, 2000, 65 F.R. 67249, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes; it is hereby ordered as follows: Section 1. Definitions. For purposes of this order: (a) "Policies that have tribal implications" refers to regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. (b) "Indian tribe" means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a. (c) "Agency" means any authority of the United States that is an "agency" under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5). (d) "Tribal officials" means elected or duly appointed officials of Indian tribal governments or authorized intertribal organizations. Sec. 2. Fundamental Principles. In formulating or implementing policies that have tribal implications, agencies shall be guided by the following fundamental principles: (a) The United States has a unique legal relationship with Indian tribal governments as set forth in the Constitution of the United States, treaties, statutes, Executive Orders, and court decisions. Since the formation of the Union, the United States has recognized Indian tribes as domestic dependent nations under its protection. The Federal Government has enacted numerous statutes and promulgated numerous regulations that establish and define a trust relationship with Indian tribes. (b) Our Nation, under the law of the United States, in accordance with treaties, statutes, Executive Orders, and judicial decisions, has recognized the right of Indian tribes to self-government. As domestic dependent nations, Indian tribes exercise inherent sovereign powers over their members and territory. The United States continues to work with Indian tribes on a government-to- government basis to address issues concerning Indian tribal self- government, tribal trust resources, and Indian tribal treaty and other rights. (c) The United States recognizes the right of Indian tribes to self-government and supports tribal sovereignty and self- determination. Sec. 3. Policymaking Criteria. In addition to adhering to the fundamental principles set forth in section 2, agencies shall adhere, to the extent permitted by law, to the following criteria when formulating and implementing policies that have tribal implications: (a) Agencies shall respect Indian tribal self-government and sovereignty, honor tribal treaty and other rights, and strive to meet the responsibilities that arise from the unique legal relationship between the Federal Government and Indian tribal governments. (b) With respect to Federal statutes and regulations administered by Indian tribal governments, the Federal Government shall grant Indian tribal governments the maximum administrative discretion possible. (c) When undertaking to formulate and implement policies that have tribal implications, agencies shall: (1) encourage Indian tribes to develop their own policies to achieve program objectives; (2) where possible, defer to Indian tribes to establish standards; and (3) in determining whether to establish Federal standards, consult with tribal officials as to the need for Federal standards and any alternatives that would limit the scope of Federal standards or otherwise preserve the prerogatives and authority of Indian tribes. Sec. 4. Special Requirements for Legislative Proposals. Agencies shall not submit to the Congress legislation that would be inconsistent with the policymaking criteria in Section 3. Sec. 5. Consultation. (a) Each agency shall have an accountable process to ensure meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications. Within 30 days after the effective date of this order, the head of each agency shall designate an official with principal responsibility for the agency's implementation of this order. Within 60 days of the effective date of this order, the designated official shall submit to the Office of Management and Budget (OMB) a description of the agency's consultation process. (b) To the extent practicable and permitted by law, no agency shall promulgate any regulation that has tribal implications, that imposes substantial direct compliance costs on Indian tribal governments, and that is not required by statute, unless: (1) funds necessary to pay the direct costs incurred by the Indian tribal government or the tribe in complying with the regulation are provided by the Federal Government; or (2) the agency, prior to the formal promulgation of the regulation, (A) consulted with tribal officials early in the process of developing the proposed regulation; (B) in a separately identified portion of the preamble to the regulation as it is to be issued in the Federal Register, provides to the Director of OMB a tribal summary impact statement, which consists of a description of the extent of the agency's prior consultation with tribal officials, a summary of the nature of their concerns and the agency's position supporting the need to issue the regulation, and a statement of the extent to which the concerns of tribal officials have been met; and (C) makes available to the Director of OMB any written communications submitted to the agency by tribal officials. (c) To the extent practicable and permitted by law, no agency shall promulgate any regulation that has tribal implications and that preempts tribal law unless the agency, prior to the formal promulgation of the regulation, (1) consulted with tribal officials early in the process of developing the proposed regulation; (2) in a separately identified portion of the preamble to the regulation as it is to be issued in the Federal Register, provides to the Director of OMB a tribal summary impact statement, which consists of a description of the extent of the agency's prior consultation with tribal officials, a summary of the nature of their concerns and the agency's position supporting the need to issue the regulation, and a statement of the extent to which the concerns of tribal officials have been met; and (3) makes available to the Director of OMB any written communications submitted to the agency by tribal officials. (d) On issues relating to tribal self-government, tribal trust resources, or Indian tribal treaty and other rights, each agency should explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking. Sec. 6. Increasing Flexibility for Indian Tribal Waivers. (a) Agencies shall review the processes under which Indian tribes apply for waivers of statutory and regulatory requirements and take appropriate steps to streamline those processes. (b) Each agency shall, to the extent practicable and permitted by law, consider any application by an Indian tribe for a waiver of statutory or regulatory requirements in connection with any program administered by the agency with a general view toward increasing opportunities for utilizing flexible policy approaches at the Indian tribal level in cases in which the proposed waiver is consistent with the applicable Federal policy objectives and is otherwise appropriate. (c) Each agency shall, to the extent practicable and permitted by law, render a decision upon a complete application for a waiver within 120 days of receipt of such application by the agency, or as otherwise provided by law or regulation. If the application for waiver is not granted, the agency shall provide the applicant with timely written notice of the decision and the reasons therefor. (d) This section applies only to statutory or regulatory requirements that are discretionary and subject to waiver by the agency. Sec. 7. Accountability. (a) In transmitting any draft final regulation that has tribal implications to OMB pursuant to Executive Order 12866 of September 30, 1993 [5 U.S.C. 601 note], each agency shall include a certification from the official designated to ensure compliance with this order stating that the requirements of this order have been met in a meaningful and timely manner. (b) In transmitting proposed legislation that has tribal implications to OMB, each agency shall include a certification from the official designated to ensure compliance with this order that all relevant requirements of this order have been met. (c) Within 180 days after the effective date of this order the Director of OMB and the Assistant to the President for Intergovernmental Affairs shall confer with tribal officials to ensure that this order is being properly and effectively implemented. Sec. 8. Independent Agencies. Independent regulatory agencies are encouraged to comply with the provisions of this order. Sec. 9. General Provisions. (a) This order shall supplement but not supersede the requirements contained in Executive Order 12866 (Regulatory Planning and Review) [5 U.S.C. 601 note], Executive Order 12988 (Civil Justice Reform) [28 U.S.C. 519 note], OMB Circular A-19, and the Executive Memorandum of April 29, 1994, on Government-to-Government Relations with Native American Tribal Governments [set out below]. (b) This order shall complement the consultation and waiver provisions in sections 6 and 7 of Executive Order 13132 (Federalism) [5 U.S.C. 601 note]. (c) Executive Order 13084 (Consultation and Coordination with Indian Tribal Governments) is revoked at the time this order takes effect. (d) This order shall be effective 60 days after the date of this order. Sec. 10. Judicial Review. This order is intended only to improve the internal management of the executive branch, and is not intended to create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law by a party against the United States, its agencies, or any person. William J. Clinton. GOVERNMENT-TO-GOVERNMENT RELATIONS WITH NATIVE AMERICAN TRIBAL GOVERNMENTS Memorandum of President of the United States, Apr. 29, 1994, 59 F.R. 22951, provided: Memorandum for the Heads of Executive Departments and Agencies The United States Government has a unique legal relationship with Native American tribal governments as set forth in the Constitution of the United States, treaties, statutes, and court decisions. As executive departments and agencies undertake activities affecting Native American tribal rights or trust resources, such activities should be implemented in a knowledgeable, sensitive manner respectful of tribal sovereignty. Today, as part of an historic meeting, I am outlining principles that executive departments and agencies, including every component bureau and office, are to follow in their interactions with Native American tribal governments. The purpose of these principles is to clarify our responsibility to ensure that the Federal Government operates within a government-to-government relationship with federally recognized Native American tribes. I am strongly committed to building a more effective day-to-day working relationship reflecting respect for the rights of self-government due the sovereign tribal governments. In order to ensure that the rights of sovereign tribal governments are fully respected, executive branch activities shall be guided by the following: (a) The head of each executive department and agency shall be responsible for ensuring that the department or agency operates within a government-to-government relationship with federally recognized tribal governments. (b) Each executive department and agency shall consult, to the greatest extent practicable and to the extent permitted by law, with tribal governments prior to taking actions that affect federally recognized tribal governments. All such consultations are to be open and candid so that all interested parties may evaluate for themselves the potential impact of relevant proposals. (c) Each executive department and agency shall assess the impact of Federal Government plans, projects, programs, and activities on tribal trust resources and assure that tribal government rights and concerns are considered during the development of such plans, projects, programs, and activities. (d) Each executive department and agency shall take appropriate steps to remove any procedural impediments to working directly and effectively with tribal governments on activities that affect the trust property and/or governmental rights of the tribes. (e) Each executive department and agency shall work cooperatively with other Federal departments and agencies to enlist their interest and support in cooperative efforts, where appropriate, to accomplish the goals of this memorandum. (f) Each executive department and agency shall apply the requirements of Executive Orders Nos. 12875 ("Enhancing the Intergovernmental Partnership") [former 5 U.S.C. 601 note] and 12866 ("Regulatory Planning and Review") [5 U.S.C. 601 note] to design solutions and tailor Federal programs, in appropriate circumstances, to address specific or unique needs of tribal communities. The head of each executive department and agency shall ensure that the department or agency's bureaus and components are fully aware of this memorandum, through publication or other means, and that they are in compliance with its requirements. This memorandum is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right to administrative or judicial review, or any other right or benefit or trust responsibility, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register. William J. Clinton. TRIBAL CONSULTATION Memorandum of President of the United States, Nov. 5, 2009, 74 F.R. 57881, provided: Memorandum for the Heads of Executive Departments And Agencies The United States has a unique legal and political relationship with Indian tribal governments, established through and confirmed by the Constitution of the United States, treaties, statutes, executive orders, and judicial decisions. In recognition of that special relationship, pursuant to Executive Order 13175 of November 6, 2000, executive departments and agencies (agencies) are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes. History has shown that failure to include the voices of tribal officials in formulating policy affecting their communities has all too often led to undesirable and, at times, devastating and tragic results. By contrast, meaningful dialogue between Federal officials and tribal officials has greatly improved Federal policy toward Indian tribes. Consultation is a critical ingredient of a sound and productive Federal-tribal relationship. My Administration is committed to regular and meaningful consultation and collaboration with tribal officials in policy decisions that have tribal implications including, as an initial step, through complete and consistent implementation of Executive Order 13175. Accordingly, I hereby direct each agency head to submit to the Director of the Office of Management and Budget (OMB), within 90 days after the date of this memorandum, a detailed plan of actions the agency will take to implement the policies and directives of Executive Order 13175. This plan shall be developed after consultation by the agency with Indian tribes and tribal officials as defined in Executive Order 13175. I also direct each agency head to submit to the Director of the OMB, within 270 days after the date of this memorandum, and annually thereafter, a progress report on the status of each action included in its plan together with any proposed updates to its plan. Each agency's plan and subsequent reports shall designate an appropriate official to coordinate implementation of the plan and preparation of progress reports required by this memorandum. The Assistant to the President for Domestic Policy and the Director of the OMB shall review agency plans and subsequent reports for consistency with the policies and directives of Executive Order 13175. In addition, the Director of the OMB, in coordination with the Assistant to the President for Domestic Policy, shall submit to me, within 1 year from the date of this memorandum, a report on the implementation of Executive Order 13175 across the executive branch based on the review of agency plans and progress reports. Recommendations for improving the plans and making the tribal consultation process more effective, if any, should be included in this report. The terms "Indian tribe," "tribal officials," and "policies that have tribal implications" as used in this memorandum are as defined in Executive Order 13175. The Director of the OMB is hereby authorized and directed to publish this memorandum in the Federal Register. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Executive departments and agencies shall carry out the provisions of this memorandum to the extent permitted by law and consistent with their statutory and regulatory authorities and their enforcement mechanisms. Barack Obama. -End- -CITE- 25 USC Sec. 450a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE -HEAD- Sec. 450a. Congressional declaration of policy -STATUTE- (a) Recognition of obligation of United States The Congress hereby recognizes the obligation of the United States to respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of educational as well as other Federal services to Indian communities so as to render such services more responsive to the needs and desires of those communities. (b) Declaration of commitment The Congress declares its commitment to the maintenance of the Federal Government's unique and continuing relationship with, and responsibility to, individual Indian tribes and to the Indian people as a whole through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from the Federal domination of programs for, and services to, Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services. In accordance with this policy, the United States is committed to supporting and assisting Indian tribes in the development of strong and stable tribal governments, capable of administering quality programs and developing the economies of their respective communities. (c) Declaration of national goal The Congress declares that a major national goal of the United States is to provide the quantity and quality of educational services and opportunities which will permit Indian children to compete and excel in the life areas of their choice, and to achieve the measure of self-determination essential to their social and economic well-being. -SOURCE- (Pub. L. 93-638, Sec. 3, Jan. 4, 1975, 88 Stat. 2203; Pub. L. 100- 472, title I, Sec. 102, Oct. 5, 1988, 102 Stat. 2285.) -MISC1- AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-472 added subsec. (b) and struck out former subsec. (b) which read as follows: "The Congress declares its commitment to the maintenance of the Federal Government's unique and continuing relationship with and responsibility to the Indian people through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from Federal domination of programs for and services to Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services." -End- -CITE- 25 USC Sec. 450a-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE -HEAD- Sec. 450a-1. Tribal and Federal advisory committees -STATUTE- Notwithstanding any other provision of law (including any regulation), the Secretary of the Interior and the Secretary of Health and Human Services are authorized to jointly establish and fund advisory committees or other advisory bodies composed of members of Indian tribes or members of Indian tribes and representatives of the Federal Government to ensure tribal participation in the implementation of the Indian Self- Determination and Education Assistance Act (Public Law 93-638) [25 U.S.C. 450 et seq.]. -SOURCE- (Pub. L. 101-644, title II, Sec. 204, as added Pub. L. 103-435, Sec. 22(b), Nov. 2, 1994, 108 Stat. 4575.) -REFTEXT- REFERENCES IN TEXT The Indian Self-Determination and Education Assistance Act, referred to in text, is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to this subchapter (Sec. 450 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Indian Self-Determination and Education Assistance Act Amendments of 1990, and not as part of the Indian Self-Determination and Education Assistance Act which comprises this subchapter. -End- -CITE- 25 USC Sec. 450b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE -HEAD- Sec. 450b. Definitions -STATUTE- For purposes of this subchapter, the term - (a) "construction programs" means programs for the planning, design, construction, repair, improvement, and expansion of buildings or facilities, including, but not limited to, housing, law enforcement and detention facilities, sanitation and water systems, roads, schools, administration and health facilities, irrigation and agricultural work, and water conservation, flood control, or port facilities; (b) "contract funding base" means the base level from which contract funding needs are determined, including all contract costs; (c) "direct program costs" means costs that can be identified specifically with a particular contract objective; (d) "Indian" means a person who is a member of an Indian tribe; (e) "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; (f) "indirect costs" means costs incurred for a common or joint purpose benefiting more than one contract objective, or which are not readily assignable to the contract objectives specifically benefited without effort disproportionate to the results achieved; (g) "indirect cost rate" means the rate arrived at through negotiation between an Indian tribe or tribal organization and the appropriate Federal agency; (h) "mature contract" means a self-determination contract that has been continuously operated by a tribal organization for three or more years, and for which there are no significant and material audit exceptions in the annual financial audit of the tribal organization: Provided, That upon the request of a tribal organization or the tribal organization's Indian tribe for purposes of section 450f(a) of this title, a contract of the tribal organization which meets this definition shall be considered to be a mature contract; (i) "Secretary", unless otherwise designated, means either the Secretary of Health and Human Services or the Secretary of the Interior or both; (j) "self-determination contract" means a contract (or grant or cooperative agreement utilized under section 450e-1 of this title) entered into under part A of this subchapter between a tribal organization and the appropriate Secretary for the planning, conduct and administration of programs or services which are otherwise provided to Indian tribes and their members pursuant to Federal law: Provided, That except as provided (!1) the last proviso in section 450j(a) (!2) of this title, no contract (or grant or cooperative agreement utilized under section 450e-1 of this title) entered into under part A of this subchapter shall be construed to be a procurement contract; (k) "State education agency" means the State board of education or other agency or officer primarily responsible for supervision by the State of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law; (l) "tribal organization" means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, That in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant; and (m) "construction contract" means a fixed-price or cost- reimbursement self-determination contract for a construction project, except that such term does not include any contract - (1) that is limited to providing planning services and construction management services (or a combination of such services); (2) for the Housing Improvement Program or roads maintenance program of the Bureau of Indian Affairs administered by the Secretary of the Interior; or (3) for the health facility maintenance and improvement program administered by the Secretary of Health and Human Services. -SOURCE- (Pub. L. 93-638, Sec. 4, Jan. 4, 1975, 88 Stat. 2204; Pub. L. 100- 472, title I, Sec. 103, Oct. 5, 1988, 102 Stat. 2286; Pub. L. 100- 581, title II, Sec. 208, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 101- 301, Sec. 2(a)(1)-(3), May 24, 1990, 104 Stat. 206; Pub. L. 101- 644, title II, Sec. 202(1), (2), Nov. 29, 1990, 104 Stat. 4665; Pub. L. 103-413, title I, Sec. 102(1), Oct. 25, 1994, 108 Stat. 4250.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in text, was in the original "this Act", meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this subchapter (Sec. 450 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. The Alaska Native Claims Settlement Act, referred to in subsec. (e), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (Sec. 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. Part A of this subchapter, referred to in subsec. (j), was in the original "title I of this act", meaning title I of Pub. L. 93-638, known as the Indian Self-Determination Act, which is classified principally to part A (Sec. 450f et seq.) of this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 450 of this title and Tables. Section 450j(a) of this title, referred to in subsec. (j), was repealed and a new subsec. (a) of section 450j was added by Pub. L. 103-413, title I, Sec. 102(10), Oct. 25, 1994, 108 Stat. 4253, which does not contain provisos. -MISC1- AMENDMENTS 1994 - Subsec. (g). Pub. L. 103-413, Sec. 102(1)(A), substituted "indirect cost rate" for "indirect costs rate". Subsec. (m). Pub. L. 103-413, Sec. 102(1)(B)-(D), added subsec. (m). 1990 - Subsec. (e). Pub. L. 101-301, Sec. 2(a)(1), inserted a comma before "which is recognized". Subsec. (h). Pub. L. 101-644, Sec. 202(1), struck out "in existence on October 5, 1988," before "which meets this definition". Subsec. (j). Pub. L. 101-644, Sec. 202(2), substituted "contract (or grant or cooperative agreement utilized under section 450e-1 of this title) entered" for "contract entered" in two places. Pub. L. 101-301, Sec. 2(a)(2), (3), substituted "under this subchapter" for "pursuant to this Act" in two places and struck out "the" before "Secretary". 1988 - Pub. L. 100-472 amended section generally, substituting subsecs. (a) to (l) for former subsecs. (a) to (d) and (f) which defined "Indian", "Indian tribe", "Tribal organization", "Secretary", and "State education agency". Subsec. (h). Pub. L. 100-581, Sec. 208(a)(1), substituted "by a tribal organization" for "by tribal organization". Pub. L. 100-581, Sec. 208(a)(2), which directed the amendment of subsec. (h) by substituting "a tribal organization or the tribal organization's Indian tribe for purposes of section 450f(a) of this title" for "a tribal organization or a tribal governing body" was executed by substituting the new language for "a tribal organization or tribal governing body" to reflect the probable intent of Congress. Subsec. (j). Pub. L. 100-581, Sec. 208(b), substituted "the Secretary for the planning" for "Secretary the planning" and "except as provided the last proviso in section 450j(a) of this title, no contract" for "no contract". -FOOTNOTE- (!1) So in original. Probably should be "provided in". (!2) See References in Text note below. -End- -CITE- 25 USC Sec. 450c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE -HEAD- Sec. 450c. Reporting and audit requirements for recipients of Federal financial assistance -STATUTE- (a) Maintenance of records (1) Each recipient of Federal financial assistance under this subchapter shall keep such records as the appropriate Secretary shall prescribe by regulation promulgated under sections 552 and 553 of title 5, including records which fully disclose - (A) the amount and disposition by such recipient of the proceeds of such assistance, (B) the cost of the project or undertaking in connection with which such assistance is given or used, (C) the amount of that portion of the cost of the project or undertaking supplied by other sources, and (D) such other information as will facilitate an effective audit. (2) For the purposes of this subsection, such records for a mature contract shall consist of quarterly financial statements for the purpose of accounting for Federal funds, the annual single- agency audit required by chapter 75 of title 31 (!1) and a brief annual program report. (b) Access to books, documents, papers, and records for audit and examination by Comptroller General, etc. The Comptroller General and the appropriate Secretary, or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or undertaking referred to in the preceding subsection of this section, have access (for the purpose of audit and examination) to any books, documents, papers, and records of such recipients which in the opinion of the Comptroller General or the appropriate Secretary may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to in the preceding subsection. (c) Availability by recipient of required reports and information to Indian people served or represented Each recipient of Federal financial assistance referred to in subsection (a) of this section shall make such reports and information available to the Indian people served or represented by such recipient as and in a manner determined to be adequate by the appropriate Secretary. (d) Repayment to Treasury by recipient of unexpended or unused funds Except as provided in section 13a or 450j-1(a)(3) (!2) of this title, funds paid to a financial assistance recipient referred to in subsection (a) of this section and not expended or used for the purposes for which paid shall be repaid to the Treasury of the United States through the respective Secretary. (e) Annual report to tribes The Secretary shall report annually in writing to each tribe regarding projected and actual staffing levels, funding obligations, and expenditures for programs operated directly by the Secretary serving that tribe. (f) Single-agency audit report; additional information; declination criteria and procedures (1) For each fiscal year during which an Indian tribal organization receives or expends funds pursuant to a contract entered into, or grant made, under this subchapter, the tribal organization that requested such contract or grant shall submit to the appropriate Secretary a single-agency audit report required by chapter 75 of title 31. (2) In addition to submitting a single-agency audit report pursuant to paragraph (1), a tribal organization referred to in such paragraph shall submit such additional information concerning the conduct of the program, function, service, or activity carried out pursuant to the contract or grant that is the subject of the report as the tribal organization may negotiate with the Secretary. (3) Any disagreement over reporting requirements shall be subject to the declination criteria and procedures set forth in section 450f of this title. -SOURCE- (Pub. L. 93-638, Sec. 5, formerly Sec. 5 and title I, Sec. 108, Jan. 4, 1975, 88 Stat. 2204, 2212; renumbered and amended Pub. L. 100-472, title I, Sec. 104, title II, Sec. 208, Oct. 5, 1988, 102 Stat. 2287, 2296; Pub. L. 100-581, title II, Sec. 209, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 101-301, Sec. 2(a)(4), May 24, 1990, 104 Stat. 206; Pub. L. 101-644, title II, Sec. 202(3), Nov. 29, 1990, 104 Stat. 4665; Pub. L. 103-413, title I, Sec. 102(2), Oct. 25, 1994, 108 Stat. 4250.) -REFTEXT- REFERENCES IN TEXT Section 450j-1(a)(3) of this title, referred to in subsec. (d), was repealed and a new subsec. (a)(3) of section 450j-1 was added by Pub. L. 103-413, title I, Sec. 102(14)(C), Oct. 25, 1994, 108 Stat. 4257. See section 450j-1(a)(4) of this title. -MISC1- AMENDMENTS 1994 - Subsec. (f). Pub. L. 103-413 added subsec. (f) and struck out former subsec. (f) which read as follows: "For each fiscal year during which an Indian tribal organization receives or expends funds pursuant to a contract or grant under this subchapter, the Indian tribe which requested such contract or grant shall submit to the appropriate Secretary a report including, but not limited to, an accounting of the amounts and purposes for which Federal funds were expended, information on the conduct of the program or service involved, and such other information as the appropriate Secretary may request through regulations promulgated under sections 552 and 553 of title 5." 1990 - Subsec. (a)(2). Pub. L. 101-301 substituted "chapter 75 of title 31" for "the Single Audit Act of 1984 (98 Stat. 2327, 31 U.S.C. 7501 et seq.),". Subsec. (d). Pub. L. 101-644 substituted "Except as provided in section 13a or 450j-1(a)(3) of this title," for "Any" and inserted "through the respective Secretary" before period at end. 1988 - Subsec. (a). Pub. L. 100-472, Sec. 104(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Each recipient of Federal financial assistance from the Secretary of Interior or the Secretary of Health Education, and Welfare, under this Act, shall keep such records as the appropriate Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the cost of the project or undertaking in connection with which such assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit." Subsec. (e). Pub. L. 100-581 substituted "to each tribe" for "to tribes". Pub. L. 100-472, Sec. 104(b), added subsec. (e). Subsec. (f). Pub. L. 100-472, Sec. 208, redesignated section 450l of this title as subsec. (f) of this section and inserted "through regulations promulgated under sections 552 and 553 of title 5". -FOOTNOTE- (!1) So in original. Probably should be followed by a comma. (!2) See References in Text note below. -End- -CITE- 25 USC Sec. 450d 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE -HEAD- Sec. 450d. Criminal activities involving grants, contracts, etc.; penalties -STATUTE- Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any recipient of a contract, subcontract, grant, or subgrant pursuant to this subchapter or the Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 452 et seq.], embezzles, willfully misapplies, steals, or obtains by fraud any of the money, funds assets, or property which are the subject of such a grant, subgrant, contract, or subcontract, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (Pub. L. 93-638, Sec. 6, Jan. 4, 1975, 88 Stat. 2205.) -REFTEXT- REFERENCES IN TEXT Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson- O'Malley Act, which is classified generally to section 452 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables. -End- -CITE- 25 USC Sec. 450e 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE -HEAD- Sec. 450e. Wage and labor standards -STATUTE- (a) Similar construction in locality All laborers and mechanics employed by contractors or subcontractors (excluding tribes and tribal organizations) in the construction, alteration, or repair, including painting or decorating of buildings or other facilities in connection with contracts or grants entered into pursuant to this subchapter, shall be paid wages at not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141-3144, 3146, and 3147 of title 40. With respect to construction, alteration, or repair work to which the Act of March 3, 1921 (!1) is applicable under the terms of this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14, of 1950, and section 3145 of title 40. (b) Preference requirements for wages and grants Any contract, subcontract, grant, or subgrant pursuant to this subchapter, the Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 452 et seq.], or any other Act authorizing Federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible - (1) preferences and opportunities for training and employment in connection with the administration of such contracts or grants shall be given to Indians; and (2) preference in the award of subcontracts and subgrants in connection with the administration of such contracts or grants shall be given to Indian organizations and to Indian-owned economic enterprises as defined in section 1452 of this title. (c) Self-determination contracts Notwithstanding subsections (a) and (b) of this section, with respect to any self-determination contract, or portion of a self- determination contract, that is intended to benefit one tribe, the tribal employment or contract preference laws adopted by such tribe shall govern with respect to the administration of the contract or portion of the contract. -SOURCE- (Pub. L. 93-638, Sec. 7, Jan. 4, 1975, 88 Stat. 2205; Pub. L. 103- 413, title I, Sec. 102(3), (4), Oct. 25, 1994, 108 Stat. 4251.) -REFTEXT- REFERENCES IN TEXT Act of March 3, 1921, referred to in subsec. (a), probably means the act of March 3, 1931, ch. 411, 46 Stat. 1494, as amended, known as the Davis Bacon Act, which was classified generally to sections 276a to 276a-5 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3141-3144, 3146, and 3147 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a), is set out in the Appendix to Title 5, Government Organization and Employees. Act of April 16, 1934, referred to in subsec. (b), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O'Malley Act, which is classified generally to section 452 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables. -COD- CODIFICATION In subsec. (a), "sections 3141-3144, 3146, and 3147 of title 40" substituted for "the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494), as amended" and "section 3145 of title 40" substituted for "section 2 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C. 276c)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. -MISC1- AMENDMENTS 1994 - Subsec. (a). Pub. L. 103-413, Sec. 102(3), substituted "or subcontractors (excluding tribes and tribal organizations)" for "of subcontractors". Subsec. (c). Pub. L. 103-413, Sec. 102(4), added subsec. (c). -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 450e-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE -HEAD- Sec. 450e-1. Grant and cooperative agreements -STATUTE- The provisions of this subchapter shall not be subject to the requirements of chapter 63 of title 31: Provided, That a grant agreement or a cooperative agreement may be utilized in lieu of a contract under sections 450f and 450g (!1) of this title when mutually agreed to by the appropriate Secretary and the tribal organization involved. -SOURCE- (Pub. L. 93-638, Sec. 9, as added Pub. L. 98-250, Sec. 1, Apr. 3, 1984, 98 Stat. 118; amended Pub. L. 101-301, Sec. 2(a)(5), May 24, 1990, 104 Stat. 206.) -REFTEXT- REFERENCES IN TEXT Section 450g of this title, referred to in text, was in the original "section 103 of this Act", meaning section 103 of Pub. L. 93-638, the Indian Self-Determination Act. Section 103(a) and (b) and the first sentence of section 103(c) of Pub. L. 93-638, were repealed, and the remainder of section 103(c) of Pub. L. 93-638, was redesignated as section 102(d) of Pub. L. 93-638 (section 450f(d) of this title), by Pub. L. 100-472, title II, Sec. 201(b)(1), Oct. 5, 1988, 102 Stat. 2289. Section 104 of Pub. L. 93- 638 was renumbered as section 103 of Pub. L. 93-638 by section 202(a) of Pub. L. 100-472, and is classified to section 450h of this title. -MISC1- AMENDMENTS 1990 - Pub. L. 101-301 substituted "chapter 63 of title 31" for "the Federal Grant and Cooperative Agreement Act of 1977 (Pub. L. 95-224; 92 Stat. 3)". -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 450e-2 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE -HEAD- Sec. 450e-2. Use of excess funds -STATUTE- Beginning in fiscal year 1998 and thereafter, where the actual costs of construction projects under self-determination contracts, compacts, or grants, pursuant to Public Laws 93-638, 103-413, or 100-297, are less than the estimated costs thereof, use of the resulting excess funds shall be determined by the appropriate Secretary after consultation with the tribes. -SOURCE- (Pub. L. 105-83, title III, Sec. 310, Nov. 14, 1997, 111 Stat. 1590.) -REFTEXT- REFERENCES IN TEXT Public Law 93-638, referred to in text, is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, known as the Indian Self- Determination and Education Assistance Act, which is classified principally to this subchapter (Sec. 450 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. Public Law 103-413, referred to in text, is Pub. L. 103-413, Oct. 25, 1994, 108 Stat. 4250, known as the Indian Self-Determination Act Amendments of 1994, which is classified principally to part D (Sec. 458aa et seq.) of this subchapter. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 450 of this title and Tables. Public Law 100-297, referred to in text, is Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 130, as amended, known as the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under section 6301 of Title 20, Education, and Tables. -COD- CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1998, and not as part of the Indian Self-Determination and Education Assistance Act which comprises this subchapter. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 104-208, div. A, title I, Sec. 101(d) [title III, Sec. 310], Sept. 30, 1996, 110 Stat. 3009-181, 3009-221. Pub. L. 104-134, title I, Sec. 101(c) [title III, Sec. 310], Apr. 26, 1996, 110 Stat. 1321-156, 1321-197; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327. -End- -CITE- 25 USC Sec. 450e-3 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE -HEAD- Sec. 450e-3. Investment of advance payments; restrictions -STATUTE- Advance payments made by the Department of the Interior to Indian tribes, tribal organizations, and tribal consortia pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may on and after December 8, 2004, be invested by the Indian tribe, tribal organization, or consortium before such funds are expended for the purposes of the grant, compact, or annual funding agreement so long as such funds are - (1) invested by the Indian tribe, tribal organization, or consortium only in obligations of the United States, or in obligations or securities that are guaranteed or insured by the United States, or mutual (or other) funds registered with the Securities and Exchange Commission and which only invest in obligations of the United States or securities that are guaranteed or insured by the United States; or (2) deposited only into accounts that are insured by an agency or instrumentality of the United States, or are fully collateralized to ensure protection of the funds, even in the event of a bank failure. -SOURCE- (Pub. L. 108-447, div. E, title I, Sec. 111, Dec. 8, 2004, 118 Stat. 3064.) -REFTEXT- REFERENCES IN TEXT The Indian Self-Determination and Education Assistance Act, referred to in text, is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to this subchapter (Sec. 450 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. The Tribally Controlled Schools Act of 1988, referred to in text, is part B (Secs. 5201-5212) of title V of Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 385, as amended, which is classified generally to chapter 27 (Sec. 2501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 2005, and also as part of the Consolidated Appropriations Act, 2005, and not as part of the Indian Self-Determination and Education Assistance Act which comprises this subchapter. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 108-108, title I, Sec. 111, Nov. 10, 2003, 117 Stat. 1266. Pub. L. 108-7, div. F, title I, Sec. 111, Feb. 20, 2003, 117 Stat. 239. Pub. L. 107-63, title I, Sec. 111, Nov. 5, 2001, 115 Stat. 438. Pub. L. 106-291, title I, Sec. 111, Oct. 11, 2000, 114 Stat. 942. Pub. L. 106-113, div. B, Sec. 1000(a)(3), [title I, Sec. 111], Nov. 29, 1999, 113 Stat. 1535, 1501A-156. Pub. L. 105-277, div. A, Sec. 101(e), [title I, Sec. 111], Oct. 21, 1998, 112 Stat. 2681-231, 2681-254. Pub. L. 105-83, title I, Sec. 112, Nov. 14, 1997, 111 Stat. 1562. -End- -CITE- 25 USC Part A - Indian Self-Determination 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- PART A - INDIAN SELF-DETERMINATION -End- -CITE- 25 USC Sec. 450f 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450f. Self-determination contracts -STATUTE- (a) Request by tribe; authorized programs (1) The Secretary is directed, upon the request of any Indian tribe by tribal resolution, to enter into a self-determination contract or contracts with a tribal organization to plan, conduct, and administer programs or portions thereof, including construction programs - (A) provided for in the Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 452 et seq.]; (B) which the Secretary is authorized to administer for the benefit of Indians under the Act of November 2, 1921 (42 Stat. 208) [25 U.S.C. 13], and any Act subsequent thereto; (C) provided by the Secretary of Health and Human Services under the Act of August 5, 1954 (68 Stat. 674), as amended [42 U.S.C. 2001 et seq.]; (D) administered by the Secretary for the benefit of Indians for which appropriations are made to agencies other than the Department of Health and Human Services or the Department of the Interior; and (E) for the benefit of Indians because of their status as Indians without regard to the agency or office of the Department of Health and Human Services or the Department of the Interior within which it is performed. The programs, functions, services, or activities that are contracted under this paragraph shall include administrative functions of the Department of the Interior and the Department of Health and Human Services (whichever is applicable) that support the delivery of services to Indians, including those administrative activities supportive of, but not included as part of, the service delivery programs described in this paragraph that are otherwise contractable. The administrative functions referred to in the preceding sentence shall be contractable without regard to the organizational level within the Department that carries out such functions. (2) If so authorized by an Indian tribe under paragraph (1) of this subsection, a tribal organization may submit a proposal for a self-determination contract, or a proposal to amend or renew a self- determination contract, to the Secretary for review. Subject to the provisions of paragraph (4), the Secretary shall, within ninety days after receipt of the proposal, approve the proposal and award the contract unless the Secretary provides written notification to the applicant that contains a specific finding that clearly demonstrates that, or that is supported by a controlling legal authority that - (A) the service to be rendered to the Indian beneficiaries of the particular program or function to be contracted will not be satisfactory; (B) adequate protection of trust resources is not assured; (C) the proposed project or function to be contracted for cannot be properly completed or maintained by the proposed contract; (D) the amount of funds proposed under the contract is in excess of the applicable funding level for the contract, as determined under section 450j-1(a) of this title; or (E) the program, function, service, or activity (or portion thereof) that is the subject of the proposal is beyond the scope of programs, functions, services, or activities covered under paragraph (1) because the proposal includes activities that cannot lawfully be carried out by the contractor. Notwithstanding any other provision of law, the Secretary may extend or otherwise alter the 90-day period specified in the second sentence of this subsection,(!1) if before the expiration of such period, the Secretary obtains the voluntary and express written consent of the tribe or tribal organization to extend or otherwise alter such period. The contractor shall include in the proposal of the contractor the standards under which the tribal organization will operate the contracted program, service, function, or activity, including in the area of construction, provisions regarding the use of licensed and qualified architects, applicable health and safety standards, adherence to applicable Federal, State, local, or tribal building codes and engineering standards. The standards referred to in the preceding sentence shall ensure structural integrity, accountability of funds, adequate competition for subcontracting under tribal or other applicable law, the commencement, performance, and completion of the contract, adherence to project plans and specifications (including any applicable Federal construction guidelines and manuals), the use of proper materials and workmanship, necessary inspection and testing, and changes, modifications, stop work, and termination of the work when warranted. (3) Upon the request of a tribal organization that operates two or more mature self-determination contracts, those contracts may be consolidated into one single contract. (4) The Secretary shall approve any severable portion of a contract proposal that does not support a declination finding described in paragraph (2). If the Secretary determines under such paragraph that a contract proposal - (A) proposes in part to plan, conduct, or administer a program, function, service, or activity that is beyond the scope of programs covered under paragraph (1), or (B) proposes a level of funding that is in excess of the applicable level determined under section 450j-1(a) of this title, subject to any alteration in the scope of the proposal that the Secretary and the tribal organization agree to, the Secretary shall, as appropriate, approve such portion of the program, function, service, or activity as is authorized under paragraph (1) or approve a level of funding authorized under section 450j-1(a) of this title. If a tribal organization elects to carry out a severable portion of a contract proposal pursuant to this paragraph, subsection (b) of this section shall only apply to the portion of the contract that is declined by the Secretary pursuant to this subsection. (b) Procedure upon refusal of request to contract Whenever the Secretary declines to enter into a self- determination contract or contracts pursuant to subsection (a) of this section, the Secretary shall - (1) state any objections in writing to the tribal organization, (2) provide assistance to the tribal organization to overcome the stated objections, and (3) provide the tribal organization with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter and the opportunity for appeal on the objections raised, under such rules and regulations as the Secretary may promulgate, except that the tribe or tribal organization may, in lieu of filing such appeal, exercise the option to initiate an action in a Federal district court and proceed directly to such court pursuant to section 450m-1(a) of this title. (c) Liability insurance; waiver of defense (1) Beginning in 1990, the Secretary shall be responsible for obtaining or providing liability insurance or equivalent coverage, on the most cost-effective basis, for Indian tribes, tribal organizations, and tribal contractors carrying out contracts, grant agreements and cooperative agreements pursuant to this subchapter. In obtaining or providing such coverage, the Secretary shall take into consideration the extent to which liability under such contracts or agreements are covered by the Federal Tort Claims Act. (2) In obtaining or providing such coverage, the Secretary shall, to the greatest extent practicable, give a preference to coverage underwritten by Indian-owned economic enterprises as defined in section 1452 of this title, except that, for the purposes of this subsection, such enterprises may include non-profit corporations. (3)(A) Any policy of insurance obtained or provided by the Secretary pursuant to this subsection shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the sovereign immunity of an Indian tribe from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe's sovereign immunity outside or beyond the coverage or limits of the policy of insurance. (B) No waiver of the sovereign immunity of an Indian tribe pursuant to this paragraph shall include a waiver to the extent of any potential liability for interest prior to judgment or for punitive damages or for any other limitation on liability imposed by the law of the State in which the alleged injury occurs. (d) Tribal organizations and Indian contractors deemed part of Public Health Service For purposes of section 233 of title 42, with respect to claims by any person, initially filed on or after December 22, 1987, whether or not such person is an Indian or Alaska Native or is served on a fee basis or under other circumstances as permitted by Federal law or regulations for personal injury, including death, resulting from the performance prior to, including, or after December 22, 1987, of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigations, or for purposes of section 2679, title 28, with respect to claims by any such person, on or after November 29, 1990, for personal injury, including death, resulting from the operation of an emergency motor vehicle, an Indian tribe, a tribal organization or Indian contractor carrying out a contract, grant agreement, or cooperative agreement under sections (!2) 450f or 450h of this title is deemed to be part of the Public Health Service in the Department of Health and Human Services while carrying out any such contract or agreement and its employees (including those acting on behalf of the organization or contractor as provided in section 2671 of title 28 and including an individual who provides health care services pursuant to a personal services contract with a tribal organization for the provision of services in any facility owned, operated, or constructed under the jurisdiction of the Indian Health Service) are deemed employees of the Service while acting within the scope of their employment in carrying out the contract or agreement: Provided, That such employees shall be deemed to be acting within the scope of their employment in carrying out such contract or agreement when they are required, by reason of such employment, to perform medical, surgical, dental or related functions at a facility other than the facility operated pursuant to such contract or agreement, but only if such employees are not compensated for the performance of such functions by a person or entity other than such Indian tribe, tribal organization or Indian contractor. (e) Burden of proof at hearing or appeal declining contract; final agency action (1) With respect to any hearing or appeal conducted pursuant to subsection (b)(3) of this section or any civil action conducted pursuant to section 450m-1(a) of this title, the Secretary shall have the burden of proof to establish by clearly demonstrating the validity of the grounds for declining the contract proposal (or portion thereof). (2) Notwithstanding any other provision of law, a decision by an official of the Department of the Interior or the Department of Health and Human Services, as appropriate (referred to in this paragraph as the "Department") that constitutes final agency action and that relates to an appeal within the Department that is conducted under subsection (b)(3) of this section shall be made either - (A) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency (such as the Indian Health Service or the Bureau of Indian Affairs) in which the decision that is the subject of the appeal was made; or (B) by an administrative judge. -SOURCE- (Pub. L. 93-638, title I, Sec. 102, formerly Secs. 102 and 103(c), Jan. 4, 1975, 88 Stat. 2206; Pub. L. 100-202, Sec. 101(g) [title II, Sec. 201], Dec. 22, 1987, 101 Stat. 1329-213, 1329-246; Pub. L. 100-446, title II, Sec. 201, Sept. 27, 1988, 102 Stat. 1817; renumbered Sec. 102 and amended Pub. L. 100-472, title II, Sec. 201(a), (b)(1), Oct. 5, 1988, 102 Stat. 2288, 2289; Pub. L. 100- 581, title II, Sec. 210, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101- 644, title II, Sec. 203(b), Nov. 29, 1990, 104 Stat. 4666; Pub. L. 103-413, title I, Sec. 102(5)-(9), Oct. 25, 1994, 108 Stat. 4251- 4253; Pub. L. 106-260, Sec. 6, Aug. 18, 2000, 114 Stat. 732.) -REFTEXT- REFERENCES IN TEXT Act of April 16, 1934, referred to in subsec. (a)(1)(A), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O'Malley Act, which is classified generally to section 452 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables. Act of August 5, 1954, referred to in subsec. (a)(1)(C), is act Aug. 5, 1954, ch. 658, 68 Stat. 674, as amended, which is classified generally to subchapter I (Sec. 2001 et seq.) of chapter 22 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables. This subchapter, referred to in subsec. (c)(1), was in the original "this Act", meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this subchapter (Sec. 450 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. The Federal Tort Claims Act, referred to in subsec. (c)(1), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (Secs. 921, 922, 931-934, 941- 946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28. -MISC1- AMENDMENTS 2000 - Subsec. (e)(1). Pub. L. 106-260 inserted "or any civil action conducted pursuant to section 450m-1(a) of this title" after "subsection (b)(3) of this section". 1994 - Subsec. (a)(1). Pub. L. 103-413, Sec. 102(5), inserted concluding provisions. Subsec. (a)(2). Pub. L. 103-413, Sec. 102(6)(A)(i), (ii), (vi), inserted ", or a proposal to amend or renew a self-determination contract," before "to the Secretary for review" in first sentence and, in second sentence, substituted "Subject to the provisions of paragraph (4), the Secretary" for "The Secretary", inserted "and award the contract" after "approve the proposal", substituted "the Secretary provides written notification to the applicant that contains a specific finding that clearly demonstrates that, or that is supported by a controlling legal authority that" for ", within sixty days of receipt of the proposal, a specific finding is made that", and inserted concluding provisions. Subsec. (a)(2)(D), (E). Pub. L. 103-413, Sec. 102(6)(A)(iii)-(v), added subpars. (D) and (E). Subsec. (a)(4). Pub. L. 103-413, Sec. 102(6)(B), added par. (4). Subsec. (b)(3). Pub. L. 103-413, Sec. 102(7), inserted "with the right to engage in full discovery relevant to any issue raised in the matter" after "record" and ", except that the tribe or tribal organization may, in lieu of filing such appeal, exercise the option to initiate an action in a Federal district court and proceed directly to such court pursuant to section 450m-1(a) of this title" before period at end. Subsec. (d). Pub. L. 103-413, Sec. 102(8), substituted "as provided in section 2671 of title 28 and including an individual who provides health care services pursuant to a personal services contract with a tribal organization for the provision of services in any facility owned, operated, or constructed under the jurisdiction of the Indian Health Service)" for "as provided in section 2671 of title 28)". Subsec. (e). Pub. L. 103-413, Sec. 102(9), added subsec. (e). 1990 - Subsec. (d). Pub. L. 101-644 inserted "or for purposes of section 2679, title 28, with respect to claims by any such person, on or after November 29, 1990, for personal injury, including death, resulting from the operation of an emergency motor vehicle," after "investigations,". 1988 - Pub. L. 100-472, Sec. 201(a), amended section generally, revising and restating provisions of subsecs. (a) to (c). Subsec. (c)(2). Pub. L. 100-581 which directed amendment of par. (2) by substituting "section 1452 of this title" for "section 1425 of title 25, United States Code" was executed by making the substitution for "section 1425, title 25, United States Code" to reflect the probable intent of Congress. Subsec. (d). Pub. L. 100-472, Sec. 201(b)(1), redesignated the last sentence of subsec. (c) of section 450g of this title as subsec. (d) of this section and substituted "sections 450f or 450h of this title" for "sections 450g and 450h(b) of this title". Pub. L. 100-446 inserted into sentence beginning "For purposes of" the words "by any person, initially filed on or after December 22, 1987, whether or not such person is an Indian or Alaska Native or is served on a fee basis or under other circumstances as permitted by Federal law or regulations" after "claims", "prior to, including, or after December 22, 1987," after "performance", "an Indian tribe," after "investigations," and ": Provided, That such employees shall be deemed to be acting within the scope of their employment in carrying out such contract or agreement when they are required, by reason of such employment, to perform medical, surgical, dental or related functions at a facility other than the facility operated pursuant to such contract or agreement, but only if such employees are not compensated for the performance of such functions by a person or entity other than such Indian tribe, tribal organization or Indian contractor" after "the contract or agreement". 1987 - Subsec. (d). Pub. L. 100-202 inserted sentence at end deeming a tribal organization or Indian contractor carrying out a contract, grant agreement, or cooperative agreement to be part of the Public Health Service while carrying out any such contract or agreement and its employees to be employees of the Service while acting within the scope of their employment in carrying out the contract or agreement. SHORT TITLE OF 1991 AMENDMENT Pub. L. 102-184, Sec. 1, Dec. 4, 1991, 105 Stat. 1278, provided that: "This Act [amending provisions set out below] may be cited as the 'Tribal Self-Governance Demonstration Project Act'." SHORT TITLE For short title of title I of Pub. L. 93-638, which is classified principally to this part, as the "Indian Self-Determination Act", see section 101 of Pub. L. 93-638, set out as a note under section 450 of this title. SAVINGS PROVISION Pub. L. 106-260, Sec. 11, Aug. 18, 2000, 114 Stat. 734, provided that: "Funds appropriated for title III of the Indian Self- Determination and Education Assistance Act ([Pub. L. 93-638, former] 25 U.S.C. 450f note) shall be available for use under title V of such Act [25 U.S.C. 458aaa et seq.]." TRIBAL SELF-GOVERNANCE - DEPARTMENT OF HEALTH AND HUMAN SERVICES Title VI of Pub. L. 93-638, as added by Pub. L. 106-260, Sec. 5, Aug. 18, 2000, 114 Stat. 731, provided that: "SEC. 601. DEFINITIONS. "(a) In General. - In this title, the Secretary may apply the definitions contained in title V [25 U.S.C. 458aaa et seq.]. "(b) Other Definitions. - In this title: "(1) Agency. - The term 'agency' means any agency or other organizational unit of the Department of Health and Human Services, other than the Indian Health Service. "(2) Secretary. - The term 'Secretary' means the Secretary of Health and Human Services. "SEC. 602. DEMONSTRATION PROJECT FEASIBILITY. "(a) Study. - The Secretary shall conduct a study to determine the feasibility of a tribal self-governance demonstration project for appropriate programs, services, functions, and activities (or portions thereof) of the agency. "(b) Considerations. - In conducting the study, the Secretary shall consider - "(1) the probable effects on specific programs and program beneficiaries of such a demonstration project; "(2) statutory, regulatory, or other impediments to implementation of such a demonstration project; "(3) strategies for implementing such a demonstration project; "(4) probable costs or savings associated with such a demonstration project; "(5) methods to assure quality and accountability in such a demonstration project; and "(6) such other issues that may be determined by the Secretary or developed through consultation pursuant to section 603. "(c) Report. - Not later than 18 months after the date of the enactment of this title [Aug. 18, 2000], the Secretary shall submit a report to the Committee on Indian Affairs of the Senate and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives. The report shall contain - "(1) the results of the study under this section; "(2) a list of programs, services, functions, and activities (or portions thereof) within each agency with respect to which it would be feasible to include in a tribal self-governance demonstration project; "(3) a list of programs, services, functions, and activities (or portions thereof) included in the list provided pursuant to paragraph (2) that could be included in a tribal self-governance demonstration project without amending statutes, or waiving regulations that the Secretary may not waive; "(4) a list of legislative actions required in order to include those programs, services, functions, and activities (or portions thereof) included in the list provided pursuant to paragraph (2) but not included in the list provided pursuant to paragraph (3) in a tribal self-governance demonstration project; and "(5) any separate views of tribes and other entities consulted pursuant to section 603 related to the information provided pursuant to paragraphs (1) through (4). "SEC. 603. CONSULTATION. "(a) Study Protocol. - "(1) Consultation with indian tribes. - The Secretary shall consult with Indian tribes to determine a protocol for consultation under subsection (b) prior to consultation under such subsection with the other entities described in such subsection. "(2) Requirements for protocol. - The protocol shall require, at a minimum, that - "(A) the government-to-government relationship with Indian tribes forms the basis for the consultation process; "(B) the Indian tribes and the Secretary jointly conduct the consultations required by this section; and "(C) the consultation process allows for separate and direct recommendations from the Indian tribes and other entities described in subsection (b). "(b) Conducting Study. - In conducting the study under this title, the Secretary shall consult with Indian tribes, States, counties, municipalities, program beneficiaries, and interested public interest groups, and may consult with other entities as appropriate. "SEC. 604. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated such sums as may be necessary to carry out this title. Such sums shall remain available until expended." INDIAN TRIBAL TORT CLAIMS AND RISK MANAGEMENT Pub. L. 105-277, div. A, Sec. 101(e) [title VII], Oct. 21, 1998, 112 Stat. 2681-231, 2681-335, provided that: "SEC. 701. SHORT TITLE. "This title may be cited as the 'Indian Tribal Tort Claims and Risk Management Act of 1998'." "SEC. 702. FINDINGS AND PURPOSE. "(a) Findings. - Congress finds that - "(1) Indian tribes have made significant achievements toward developing a foundation for economic self-sufficiency and self- determination, and that economic self-sufficiency and self- determination have increased opportunities for the Indian tribes and other entities and persons to interact more frequently in commerce and intergovernmental relationships; "(2) although Indian tribes have sought and secured liability insurance coverage to meet their needs, many Indian tribes are faced with significant barriers to obtaining liability insurance because of the high cost or unavailability of such coverage in the private market; "(3) as a result, Congress has extended liability coverage provided to Indian tribes to organizations to carry out activities under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and "(4) there is an emergent need for comprehensive and cost- efficient insurance that allows the economy of Indian tribes to continue to grow and provides compensation to persons that may suffer personal injury or loss of property. "(b) Purpose. - The purpose of this title is to provide for a study to facilitate relief for a person who is injured as a result of an official action of a tribal government. "SEC. 703. DEFINITIONS. "In this title: "(1) Indian tribe. - The term 'Indian tribe' has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). "(2) Secretary. - The term 'Secretary' means the Secretary of the Interior. "(3) Tribal organization. - The term 'tribal organization' has the meaning given that term in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(l)). "SEC. 704. STUDY AND REPORT TO CONGRESS. "(a) In General. - "(1) Study. - In order to minimize and, if possible, eliminate redundant or duplicative liability insurance coverage and to ensure that the provision of insurance to Indian tribes is cost- effective, the Secretary shall conduct a comprehensive survey of the degree, type, and adequacy of liability insurance coverage of Indian tribes at the time of the study. "(2) Contents of study. - The study conducted under this subsection shall include - "(A) an analysis of loss data; "(B) risk assessments; "(C) projected exposure to liability, and related matters; and "(D) the category of risk and coverage involved, which may include - "(i) general liability; "(ii) automobile liability; "(iii) the liability of officials of the Indian tribe; "(iv) law enforcement liability; "(v) workers' compensation; and "(vi) other types of liability contingencies. "(3) Assessment of coverage by categories of risk. - For each Indian tribe, for each category of risk identified under paragraph (2), the Secretary, in conducting the study, shall determine whether insurance coverage or coverage under chapter 171 of title 28, United States Code, applies to that Indian tribe for that activity. "(b) Report. - Not later than June 1, 1999, and annually thereafter, the Secretary shall submit a report to Congress that contains legislative recommendations that the Secretary determines to - "(1) be appropriate to improve the provision of insurance coverage to Indian tribes; or "(2) otherwise achieve the purpose of providing relief to persons who are injured as a result of an official action of a tribal government. "SEC. 705. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to the Department of the Interior such sums as may be necessary to carry out this title." CLAIMS RESULTING FROM PERFORMANCE OF CONTRACT, GRANT AGREEMENT, OR COOPERATIVE AGREEMENT; CIVIL ACTION AGAINST TRIBE, TRIBAL ORGANIZATION, ETC., DEEMED ACTION AGAINST UNITED STATES; REIMBURSEMENT OF TREASURY FOR PAYMENT OF CLAIMS Pub. L. 101-512, title III, Sec. 314, Nov. 5, 1990, 104 Stat. 1959, as amended by Pub. L. 103-138, title III, Sec. 308, Nov. 11, 1993, 107 Stat. 1416, provided that: "With respect to claims resulting from the performance of functions during fiscal year 1991 and thereafter, or claims asserted after September 30, 1990, but resulting from the performance of functions prior to fiscal year 1991, under a contract, grant agreement, or any other agreement or compact authorized by the Indian Self-Determination and Education Assistance Act of 1975, as amended (88 Stat. 2203; 25 U.S.C. 450 et seq.) [Pub. L. 93-638, see Short Title note set out under section 450 of this title and Tables] or by title V, part B, Tribally Controlled School Grants of the Hawkins-Stafford Elementary and Secondary School Improvement Amendments of 1988, as amended (102 Stat. 385; 25 U.S.C. 2501 et seq.), an Indian tribe, tribal organization or Indian contractor is deemed hereafter to be part of the Bureau of Indian Affairs in the Department of the Interior or the Indian Health Service in the Department of Health and Human Services while carrying out any such contract or agreement and its employees are deemed employees of the Bureau or Service while acting within the scope of their employment in carrying out the contract or agreement: Provided, That after September 30, 1990, any civil action or proceeding involving such claims brought hereafter against any tribe, tribal organization, Indian contractor or tribal employee covered by this provision shall be deemed to be an action against the United States and will be defended by the Attorney General and be afforded the full protection and coverage of the Federal Tort Claims Act [See Short Title note under section 2671 of Title 28, Judiciary and Judicial Procedure]: Provided further, That beginning with the fiscal year ending September 30, 1991, and thereafter, the appropriate Secretary shall request through annual appropriations funds sufficient to reimburse the Treasury for any claims paid in the prior fiscal year pursuant to the foregoing provisions: Provided further, That nothing in this section shall in any way affect the provisions of section 102(d) of the Indian Self- Determination and Education Assistance Act of 1975, as amended (88 Stat. 2203; 25 U.S.C. 450 et seq.) [25 U.S.C. 450f(d)]." REFERENCE TO SECTION 450G(C) IN PUBLIC LAW 100-446 Section 201(b)(2) of Pub. L. 100-472 provided that: "Any reference to section 103(c) [Sec. 103(c) of Pub. L. 93-638, formerly 25 U.S.C. 450g(c)] contained in an Act making appropriations for the Department of the Interior and Related Agencies for fiscal year 1989 [Pub. L. 100-446] shall be deemed to apply to section 102(d) of such Act [Sec. 102(d) of Pub. L. 93-638, 25 U.S.C. 450f(d)] as amended by this Act." TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT Title III of Pub. L. 93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5, 1988, 102 Stat. 2296; amended by Pub. L. 102- 184, Secs. 2-6, Dec. 4, 1991, 105 Stat. 1278; Pub. L. 102-573, title VIII, Sec. 814, Oct. 29, 1992, 106 Stat. 4590; Pub. L. 103- 435, Sec. 22(a)(2), (3), Nov. 2, 1994, 108 Stat. 4575; Pub. L. 103- 437, Sec. 10(c)(1), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828, related to tribal self-governance research and demonstration project conducted by Secretary of the Interior and Secretary of Health and Human Services, prior to repeal by Pub. L. 106-260, Sec. 10, Aug. 18, 2000, 114 Stat. 734. -FOOTNOTE- (!1) So in original. Probably should be "paragraph,". (!2) So in original. Probably should be "section". -End- -CITE- 25 USC Sec. 450g 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450g. Repealed or Transferred. Pub. L. 100-472, title II, Sec. 201(b)(1), Oct. 5, 1988, 102 Stat. 2289 -MISC1- Section, Pub. L. 93-638, title I, Sec. 103, Jan. 4, 1975, 88 Stat. 2206; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100-202, Sec. 101(g) [title II], Dec. 22, 1987, 101 Stat. 1329-213, 1329-246; Pub. L. 100-446, title II, Sept. 27, 1988, 102 Stat. 1817, which related to contracts by Secretary of Health and Human Services with tribal organizations, was repealed except for the last sentence of subsec. (c), providing that tribal organizations and Indian contractors be deemed part of Public Health Service, which was redesignated subsec. (d) of section 450f of this title. -End- -CITE- 25 USC Sec. 450h 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450h. Grants to tribal organizations or tribes -STATUTE- (a) Request by tribe for contract or grant by Secretary of the Interior for improving, etc., tribal governmental, contracting, and program planning activities The Secretary of the Interior is authorized, upon the request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to section 13 of this title, and any Act subsequent thereto) to contract with or make a grant or grants to any tribal organization for - (1) the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and administration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources); (2) the planning, training, evaluation of other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 450f of this title and the additional costs associated with the initial years of operation under such a contract or contracts; or (3) the acquisition of land in connection with items (1) and (2) above: Provided, That in the case of land within Indian country (as defined in chapter 53 of title 18) or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of (!1) Interior may (upon request of the tribe) acquire such land in trust for the tribe. (b) Grants by Secretary of Health and Human Services for development, maintenance, etc., of health facilities or services and improvement of contract capabilities implementing hospital and health facility functions The Secretary of Health and Human Services may, in accordance with regulations adopted pursuant to section 450k of this title, make grants to any Indian tribe or tribal organization for - (1) the development, construction, operation, provision, or maintenance of adequate health facilities or services including the training of personnel for such work, from funds appropriated to the Indian Health Service for Indian health services or Indian health facilities; or (2) planning, training, evaluation or other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 450g (!2) of this title. (c) Use as matching shares for other similar Federal grant programs The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to this section may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under this section are made. (d) Technical assistance The Secretary is directed, upon the request of any tribal organization and subject to the availability of appropriations, to provide technical assistance on a nonreimbursable basis to such tribal organization - (1) to develop any new self-determination contract authorized pursuant to this subchapter; (2) to provide for the assumption by such tribal organization of any program, or portion thereof, provided for in section 450f(a)(1) of this title; or (3) to develop modifications to any proposal for a self- determination contract which the Secretary has declined to approve pursuant to section 450f of this title. (e) Grants for technical assistance and for planning, etc., Federal programs for tribe The Secretary is authorized, upon the request of an Indian tribe, to make a grant to any tribal organization for - (1) obtaining technical assistance from providers designated by the tribal organization, including tribal organizations that operate mature contracts, for the purposes of program planning and evaluation, including the development of any management systems necessary for contract management, and the development of cost allocation plans for indirect cost rates; and (2) the planning, designing, monitoring, and evaluating of Federal programs serving the tribe, including Federal administrative functions. -SOURCE- (Pub. L. 93-638, title I, Sec. 103, formerly Sec. 104, Jan. 4, 1975, 88 Stat. 2207; renumbered Sec. 103 and amended Pub. L. 100- 472, title II, Sec. 202, Oct. 5, 1988, 102 Stat. 2289; Pub. L. 101- 644, title II, Sec. 203(g)(1), Nov. 29, 1990, 104 Stat. 4666.) -REFTEXT- REFERENCES IN TEXT Section 450g of this title, referred to in subsec. (b)(2), was in the original "section 103 of this Act", meaning section 103 of Pub. L. 93-638, the Indian Self-Determination Act. Section 103(a) and (b) and the first sentence of section 103(c) of Pub. L. 93-638 were repealed, and the remainder of section 103(c) of Pub. L. 93-638 was redesignated as section 102(d) of Pub. L. 93-638 (section 450f(d) of this title) by Pub. L. 100-472, title II, Sec. 201(b)(1), Oct. 5, 1988, 102 Stat. 2289. Section 104 of Pub. L. 93-638 was renumbered as section 103 of Pub. L. 93-638 by section 202(a) of Pub. L. 100-472, and is classified to this section. -MISC1- PRIOR PROVISIONS A prior section 103 of Pub. L. 93-638 was classified to section 450g of this title and was repealed in part and transferred in part by section 201(b)(1) of Pub. L. 100-472. AMENDMENTS 1990 - Subsec. (a)(3). Pub. L. 101-644, which directed the substitution of "Indian country (as defined in chapter 53 of title 18)" for "reservation boundaries" in "section 301(a)(3) of the Indian Self-Determination Act (25 U.S.C. 450h(a)(3))", was executed to this section, section 103(a)(3) of that Act, to reflect the probable intent of Congress. 1988 - Subsec. (a). Pub. L. 100-472, Sec. 202(b), inserted "or" at end of par. (2), substituted a period for "; or" at end of par. (3), and struck out par. (4) which read as follows: "the planning, designing, monitoring, and evaluating of Federal programs serving the tribe." Subsec. (b). Pub. L. 100-472, Sec. 202(c), substituted "Health and Human Services" for "Health, Education, and Welfare". Subsecs. (d), (e). Pub. L. 100-472, Sec. 202(d), added subsecs. (d) and (e). AUTHORITY OF SECRETARY TO ACQUIRE LANDS IN TRUST Section 203(g)(2) of Pub. L. 101-644 provided that: "The amendment made by paragraph (1) [amending this section] shall not alter or otherwise modify or affect existing prohibitions or limitations on the Secretary's authority to acquire lands in trust." -FOOTNOTE- (!1) So in original. Probably should be followed by "the". (!2) See References in Text note below. -End- -CITE- 25 USC Sec. 450i 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450i. Retention of Federal employee coverage, rights and benefits by employees of tribal organizations -STATUTE- (a) to (d) Omitted (e) Eligible employees; Federal employee programs subject to retention Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5, executive order, or administrative regulation, an employee serving under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization, the city of St. Paul, Alaska, the city of St. George, Alaska, upon incorporation, or the Village Corporations of St. Paul and St. George Islands established pursuant to section 1607 of title 43, in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following: (1) To retain coverage, rights, and benefits under subchapter I of chapter 81 ("Compensation for Work Injuries") of title 5, and for this purpose his employment with the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, as follows: (A) payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and (B) payments on account of death shall be credited against death compensation payable to dependents of the deceased employee. (2) To retain coverage, rights, and benefits under chapter 83 ("Retirement") or chapter 84 ("Federal Employees Retirement System") of title 5, if necessary employee deductions and agency contributions in payment for coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Civil Service Retirement and Disability Fund (section 8348 of title 5); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under section 8332 of title 5. Days of unused sick leave to the credit of an employee under a formal leave system at the time the employee leaves Federal employment to be employed by a tribal organization remain to his credit for retirement purposes during covered service with the tribal organization. (3) To retain coverage, rights, and benefits under chapter 89 ("Health Insurance") of title 5, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Employee's Health Benefit Fund (section 8909 of title 5); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 89 of title 5. (4) To retain coverage, rights, and benefits under chapter 87 ("Life Insurance") of title 5, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organizations are currently deposited in the Employee's Life Insurance Fund (section 8714 of title 5); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 87 of title 5. (f) Deposit by tribal organization of employee deductions and agency contributions in appropriate funds During the period an employee is entitled to the coverage, rights, and benefits pursuant to the preceding subsection, the tribal organization employing such employee shall deposit currently in the appropriate funds the employee deductions and agency contributions required by paragraphs (2), (3), and (4) of such preceding subsection. (g) Election for retention by employee and tribal organization before date of employment by tribal organization; transfer of employee to another tribal organization An employee who is employed by a tribal organization under subsection (e) of this section and such tribal organization shall make the election to retain the coverages, rights, and benefits in paragraphs (1), (2), (3), and (4) of such subsection (e) before the date of his employment by a tribal organization. An employee who is employed by a tribal organization under subsection (e) of this section shall continue to be entitled to the benefits of such subsection if he is employed by another tribal organization to perform service in activities of the type described in such subsection. (h) "Employee" defined For the purposes of subsections (e), (f), and (g) of this section, the term "employee" means an employee as defined in section 2105 of title 5. (i) Promulgation of implementation regulations by President The President may prescribe regulations necessary to carry out the provisions of subsections (e), (f), (g), and (h) of this section and to protect and assure the compensation, retirement, insurance, leave, reemployment rights, and such other similar civil service employment rights as he finds appropriate. (j) Additional employee employment rights Anything in sections 205 and 207 of title 18 to the contrary notwithstanding - (1) an officer or employee of the United States assigned to a tribal organization (as defined in section 450b(l) of this title) or an inter-tribal consortium (as defined in section 458aaa of this title), as authorized under section 3372 of title 5 or section 48 of this title may act as agent or attorney for, and appear on behalf of, such tribal organization or inter-tribal consortium in connection with any matter related to a tribal governmental activity or Federal Indian program or service pending before any department, agency, court, or commission, including any matter in which the United States is a party or has a direct and substantial interest: Provided, That such officer or employee must advise in writing the head of the department, agency, court, or commission with which the officer or employee is dealing or appearing on behalf of the tribal organization or inter-tribal consortium of any personal and substantial involvement with the matter involved; and (2) a former officer or employee of the United States who is carrying out official duties as an employee or as an elected or appointed official of a tribal organization (as defined in section 450b(l) of this title) or inter-tribal consortium (as defined in section 458aaa of this title) may act as agent or attorney for, and appear on behalf of, such tribal organization or intra-tribal consortium in connection with any matter related to a tribal governmental activity or Federal Indian program or service pending before any department, agency, court, or commission, including any matter in which the United States is a party or has a direct and substantial interest: Provided, That such former officer or employee must advise in writing the head of the department, agency, court, or commission with which the former officer or employee is dealing or appearing on behalf of the tribal organization or inter-tribal consortium of any personal and substantial involvement that he or she may have had as an officer or employee of the United States in connection with the matter involved. (k), (l) Omitted (m) Conversion to career appointment The status of an Indian (as defined in section 479 of this title) appointed (except temporary appointments) to the Federal service under an excepted appointment under the authority of section 472 of this title, or any other provision of law granting a preference to Indians in personnel actions, shall be converted to a career appointment in the competitive service after three years of continuous service and satisfactory performance. The conversion shall not alter the Indian's eligibility for preference in personnel actions. -SOURCE- (Pub. L. 93-638, title I, Sec. 104, formerly Sec. 105, Jan. 4, 1975, 88 Stat. 2208; Pub. L. 89-702, title II, Sec. 210(a), as added Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 843; Pub. L. 99-221, Sec. 3(a), Dec. 26, 1985, 99 Stat. 1735; renumbered Sec. 104 and amended Pub. L. 100-472, title II, Sec. 203, Oct. 5, 1988, 102 Stat. 2290; Pub. L. 101-301, Sec. 2(a)(6), May 24, 1990, 104 Stat. 206; Pub. L. 110-81, title I, Sec. 104(b), Sept. 14, 2007, 121 Stat. 740.) -COD- CODIFICATION Section is comprised of section 104 of Pub. L. 93-638. Subsecs. (a) to (d) of section 104 of Pub. L. 93-638 are classified to section 3371 of Title 5, Government Organization and Employees, section 2004b of Title 42, The Public Health and Welfare, section 456 of Title 50, Appendix, War and National Defense, and section 4762 of Title 42, respectively. Subsecs. (k) and (l) of section 104 of Pub. L. 93-638 are classified to section 3372 of Title 5. -MISC1- PRIOR PROVISIONS A prior section 104 of Pub. L. 93-638 was renumbered section 103 by Pub. L. 100-472 and is classified to section 450h of this title. AMENDMENTS 2007 - Subsec. (j). Pub. L. 110-81 amended subsec. (j) generally. Prior to amendment, text read as follows: "Anything in sections 205 and 207 of title 18 to the contrary notwithstanding, officers and employees of the United States assigned to an Indian tribe as authorized under section 3372 of title 5, or section 48 of this title and former officers and employees of the United States employed by Indian tribes may act as agents or attorneys for or appear on behalf of such tribes in connection wth [sic] any matter pending before any department, agency, court, or commission, including any matter in which the United States is a party or has a direct and substantial interest: Provided, That each such officer or employee or former officer or employee must advise in writing the head of the department, agency, court, or commission with which he is dealing or appearing on behalf of the tribe of any personal and substantial involvement he may have had as an officer or employee of the United States in connection with the matter involved." 1990 - Subsec. (m). Pub. L. 101-301 substituted "an Indian (as defined in section 479 of this title) appointed (except temporary appointments)" for "an Indian appointed". 1988 - Subsecs. (a), (b). Pub. L. 100-472, Sec. 203(b), (c), amended subsecs. (a) and (b). See Codification note above. Subsec. (e). Pub. L. 100-472, Sec. 203(d), (e), in introductory provisions, substituted "Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5" for "Notwithstanding any other law" and struck out "on or before December 31, 1988" after "title 43", and in par. (2), inserted "or chapter 84 ('Federal Employees Retirement System')". Notwithstanding directory language that the substitution of "Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5" be made in par. (2) of subsec. (e), the substitution was made in introductory provisions of subsec. (e) to reflect the probable intent of Congress because the language replaced appeared only in those introductory provisions. Subsecs. (k), (l). Pub. L. 100-472, Sec. 203(f), added subsecs. (k) and (l). See Codification note above. Subsec. (m). Pub. L. 100-472, Sec. 203(f), added subsec. (m). 1985 - Subsec. (e). Pub. L. 99-221 substituted "1988" for "1985". 1983 - Subsec. (e). Pub. L. 89-702, Sec. 210(a), as added by Pub. L. 98-129, inserted ", the city of St. Paul, Alaska, the city of St. George, Alaska, upon incorporation, or the Village Corporations of St. Paul and St. George Islands established pursuant to section 1607 of title 43". EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110-81, title I, Sec. 105(d), Sept. 14, 2007, 121 Stat. 741, provided that: "The amendments made by section 104 [amending this section and section 207 of Title 18, Crimes and Criminal Procedure] shall take effect on the date of the enactment of this Act [Sept. 14, 2007], except that section 104(j)(2) of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450i(j)(2)] (as amended by section 104(b)) shall apply to individuals who leave Federal office or employment to which such amendments apply on or after the 60th day after the date of the enactment of this Act." PRIBILOF ISLAND NATIVES EMPLOYED BY FEDERAL GOVERNMENT ON OCTOBER 28, 1983 Pub. L. 89-702, title II, Sec. 210(b), as added by Pub. L. 98- 129, Sec. 2, Oct. 14, 1983, 97 Stat. 844, provided that: "Notwithstanding any other provision of law, any Native of the Pribilof Islands employed by the Federal government on October 28, 1983, shall be deemed to have been covered under chapters 81, 83, 85 and 87 of title 5, United States Code, on such date for the purposes of determining eligibility for continuity of benefits under section 105(e) of the Act of January 4, 1975 (Public Law 93- 638), known as the Indian Self-Determination and Education Assistance Act [subsec. (e) of this section]." -EXEC- EX. ORD. NO. 11899. PROVIDING FOR PROTECTION OF CERTAIN CIVIL SERVICE EMPLOYMENT RIGHTS OF FEDERAL PERSONNEL WHO LEAVE FEDERAL EMPLOYMENT TO BE EMPLOYED BY TRIBAL ORGANIZATIONS Ex. Ord. No. 11899, Jan. 26, 1976, 41 F.R. 3459, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by section 105(i) of the Indian Self-Determination and Education Assistance Act (88 Stat. 2210, 25 U.S.C. 450i), section 3301 of title 5 of the United States Code, section 301 of title 3 of the United States Code, and as President of the United States of America, it is hereby ordered as follows: Section 1. The Office of Personnel Management is hereby designated and empowered to exercise, without approval, ratification, or other action by the President, but after consultation with the Department of the Interior and the Department of Health and Human Services, the authority vested in the President by Section 105(i) of the Indian Self-Determination and Education Assistance Act [subsec. (i) of this section] (hereinafter referred to as the Act), to issue regulations necessary to carry out the provisions of subsections (e)(2), (e)(3), (e)(4), (f), (g) and (h) of section 105 of the act [subsecs. (e)(2), (3), (4), (f), (g), and (h) of this section], to carry out the provisions of subsection (e)(1) of section 105 of the act [subsec. (e)(1) of this section] pertains to section 8151 of title 5 of the United States Code, and to protect and assure any other civil service employment rights which it finds appropriate. Sec. 2. The Office of Personnel Management shall, after consultation with the Department of the Interior and the Department of Health and Human Services, issue regulations, as it deems appropriate, providing for the establishment, granting, and exercise of reemployment rights for employees who leave Federal employment for employment by an Indian tribal organization under provisions of the act. Sec. 3. The Secretary of Labor is hereby designated and empowered to exercise, without approval, ratification, or other action by the President, the authority vested in the President by section 105(i) of the act [subsec. (i) of this section] to issue regulations necessary to carry out the provisions of section 105(e)(1) of the act [subsec. (e)(1) of this section], except as provided in section 1 of this order. -End- -CITE- 25 USC Sec. 450j 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450j. Contract or grant provisions and administration -STATUTE- (a) Applicability of Federal contracting laws and regulations; waiver of requirements (1) Notwithstanding any other provision of law, subject to paragraph (3), the contracts and cooperative agreements entered into with tribal organizations pursuant to section 450f of this title shall not be subject to Federal contracting or cooperative agreement laws (including any regulations), except to the extent that such laws expressly apply to Indian tribes. (2) Program standards applicable to a nonconstruction self- determination contract shall be set forth in the contract proposal and the final contract of the tribe or tribal organization. (3)(A) With respect to a construction contract (or a subcontract of such a construction contract), the provisions of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 and the regulations relating to acquisitions promulgated under division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 shall apply only to the extent that the application of such provision (!1) to the construction contract (or subcontract) is - (i) necessary to ensure that the contract may be carried out in a satisfactory manner; (ii) directly related to the construction activity; and (iii) not inconsistent with this subchapter. (B) A list of the Federal requirements that meet the requirements of clauses (i) through (iii) of subparagraph (A) shall be included in an attachment to the contract pursuant to negotiations between the Secretary and the tribal organization. (C)(i) Except as provided in subparagraph (B), no Federal law listed in clause (ii) or any other provision of Federal law (including an Executive order) relating to acquisition by the Federal Government shall apply to a construction contract that a tribe or tribal organization enters into under this subchapter, unless expressly provided in such law. (ii) The laws listed in this paragraph are as follows: (I) Chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (II) Section 6101 of title 41. (III) Section 9(c) (!2) of the Act of Aug. 2, 1946 (60 Stat. 809, chapter 744). (IV) Division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (V) Section 13 of the Act of Oct. 3, 1944 (58 Stat. 770; chapter 479) [50 U.S.C. App. 1622]. (VI) Chapters 21, 25, 27, 29, and 31 of title 44. (VII) Section 3145 of title 40. (VIII) Chapter 65 of title 41. (IX) Chapter 67 of title 41. (X) The Small Business Act (15 U.S.C. 631 et seq.). (XI) Executive Order Nos. 12138, 11246, 11701 and 11758. (b) Payments; transfer of funds by Treasury for disbursement by tribal organization; accountability for interest accrued prior to disbursement Payments of any grants or under any contracts pursuant to sections 450f and 450h of this title may be made in advance or by way of reimbursement and in such installments and on such conditions as the appropriate Secretary deems necessary to carry out the purposes of this part. The transfer of funds shall be scheduled consistent with program requirements and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of such funds from the United States Treasury and the disbursement thereof by the tribal organization, whether such disbursement occurs prior to or subsequent to such transfer of funds. Tribal organizations shall not be held accountable for interest earned on such funds, pending their disbursement by such organization. (c) Term of self-determination contracts; annual renegotiation (1) A self-determination contract shall be - (A) for a term not to exceed three years in the case of other than a mature contract, unless the appropriate Secretary and the tribe agree that a longer term would be advisable, and (B) for a definite or an indefinite term, as requested by the tribe (or, to the extent not limited by tribal resolution, by the tribal organization), in the case of a mature contract. The amounts of such contracts shall be subject to the availability of appropriations. (2) The amounts of such contracts may be renegotiated annually to reflect changed circumstances and factors, including, but not limited to, cost increases beyond the control of the tribal organization. (d) Calendar year basis for contracts (1) Beginning in fiscal year 1990, upon the election of a tribal organization, the Secretary shall use the calendar year as the basis for any contracts or agreements under this subchapter, unless the Secretary and the Indian tribe or tribal organization agree on a different period. (2) The Secretary shall, on or before April 1 of each year beginning in 1992, submit a report to the Congress on the amounts of any additional obligation authority needed to implement this subsection in the next following fiscal year. (e) Effective date for retrocession of contract If an Indian tribe, or a tribal organization authorized by a tribe, requests retrocession of the appropriate Secretary for any contract or portion of a contract entered into pursuant to this subchapter, unless the tribe or tribal organization rescinds the request for retrocession, such retrocession shall become effective on - (1) the earlier of - (A) the date that is 1 year after the date the Indian tribe or tribal organization submits such request; or (B) the date on which the contract expires; or (2) such date as may be mutually agreed by the Secretary and the Indian tribe. (f) Use of existing school buildings, hospitals, and other facilities and equipment therein; acquisition and donation of excess or surplus Government personal property In connection with any self-determination contract or grant made pursuant to section 450f or 450h of this title, the appropriate Secretary may - (1) permit an Indian tribe or tribal organization in carrying out such contract or grant, to utilize existing school buildings, hospitals, and other facilities and all equipment therein or appertaining thereto and other personal property owned by the Government within the Secretary's jurisdiction under such terms and conditions as may be agreed upon for their use and maintenance; (2) donate to an Indian tribe or tribal organization title to any personal or real property found to be excess to the needs of the Bureau of Indian Affairs, the Indian Health Service, or the General Services Administration, except that - (A) subject to the provisions of subparagraph (B), title to property and equipment furnished by the Federal Government for use in the performance of the contract or purchased with funds under any self-determination contract or grant agreement shall, unless otherwise requested by the tribe or tribal organization, vest in the appropriate tribe or tribal organization; (B) if property described in subparagraph (A) has a value in excess of $5,000 at the time of the retrocession, rescission, or termination of the self-determination contract or grant agreement, at the option of the Secretary, upon the retrocession, rescission, or termination, title to such property and equipment shall revert to the Department of the Interior or the Department of Health and Human Services, as appropriate; and (C) all property referred to in subparagraph (A) shall remain eligible for replacement on the same basis as if title to such property were vested in the United States; and (3) acquire excess or surplus Government personal or real property for donation to an Indian tribe or tribal organization if the Secretary determines the property is appropriate for use by the tribe or tribal organization for a purpose for which a self-determination contract or grant agreement is authorized under this subchapter. (g) Performance of personal services The contracts authorized under section 450f of this title and grants pursuant to section 450h of this title may include provisions for the performance of personal services which would otherwise be performed by Federal employees including, but in no way limited to, functions such as determination of eligibility of applicants for assistance, benefits, or services, and the extent or amount of such assistance, benefits, or services to be provided and the provisions of such assistance, benefits, or services, all in accordance with the terms of the contract or grant and applicable rules and regulations of the appropriate Secretary: Provided, That the Secretary shall not make any contract which would impair his ability to discharge his trust responsibilities to any Indian tribe or individuals. (h) Fair and uniform provision by tribal organization of services and assistance to covered Indians Contracts and grants with tribal organizations pursuant to sections 450f and 450h of this title shall include provisions to assure the fair and uniform provision by such tribal organizations of the services and assistance they provide to Indians under such contracts and grants. (i) Division of administration of program (1) If a self-determination contract requires the Secretary to divide the administration of a program that has previously been administered for the benefit of a greater number of tribes than are represented by the tribal organization that is a party to the contract, the Secretary shall take such action as may be necessary to ensure that services are provided to the tribes not served by a self-determination contract, including program redesign in consultation with the tribal organization and all affected tribes. (2) Nothing in this part shall be construed to limit or reduce in any way the funding for any program, project, or activity serving a tribe under this or other applicable Federal law. Any tribe or tribal organization that alleges that a self-determination contract is in violation of this section may apply the provisions of section 450m-1 of this title. (j) Proposal to redesign program, activity, function, or service Upon providing notice to the Secretary, a tribal organization that carries out a nonconstruction self-determination contract may propose a redesign of a program, activity, function, or service carried out by the tribal organization under the contract, including any nonstatutory program standard, in such manner as to best meet the local geographic, demographic, economic, cultural, health, and institutional needs of the Indian people and tribes served under the contract. The Secretary shall evaluate any proposal to redesign any program, activity, function, or service provided under the contract. With respect to declining to approve a redesigned program, activity, function, or service under this subsection, the Secretary shall apply the criteria and procedures set forth in section 450f of this title. (k) Access to Federal sources of supply For purposes of section 501 of title 40 (relating to Federal sources of supply, including lodging providers, airlines and other transportation providers), a tribal organization carrying out a contract, grant, or cooperative agreement under this subchapter shall be deemed an executive agency and part of the Indian Health Service when carrying out such contract, grant, or agreement and the employees of the tribal organization shall be eligible to have access to such sources of supply on the same basis as employees of an executive agency have such access. For purposes of carrying out such contract, grant, or agreement, the Secretary shall, at the request of an Indian tribe, enter into an agreement for the acquisition, on behalf of the Indian tribe, of any goods, services, or supplies available to the Secretary from the General Services Administration or other Federal agencies that are not directly available to the Indian tribe under this section or under any other Federal law, including acquisitions from prime vendors. All such acquisitions shall be undertaken through the most efficient and speedy means practicable, including electronic ordering arrangements. (l) Lease of facility used for administration and delivery of services (1) Upon the request of an Indian tribe or tribal organization, the Secretary shall enter into a lease with the Indian tribe or tribal organization that holds title to, a leasehold interest in, or a trust interest in, a facility used by the Indian tribe or tribal organization for the administration and delivery of services under this subchapter. (2) The Secretary shall compensate each Indian tribe or tribal organization that enters into a lease under paragraph (1) for the use of the facility leased for the purposes specified in such paragraph. Such compensation may include rent, depreciation based on the useful life of the facility, principal and interest paid or accrued, operation and maintenance expenses, and such other reasonable expenses that the Secretary determines, by regulation, to be allowable. (m) Statutory requirements; technical assistance; precontract negotiation phase; fixed price construction contract (1) Each construction contract requested, approved, or awarded under this subchapter, shall be subject to - (A) except as otherwise provided in this subchapter, the provisions of this subchapter, other than sections 450f(a)(2), 450j-1(l), 450l and 450m of this title; and (B) section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (104 Stat. 1959). (2) In providing technical assistance to tribes and tribal organizations in the development of construction contract proposals, the Secretary shall provide, not later than 30 days after receiving a request from a tribe or tribal organization, all information available to the Secretary regarding the construction project, including construction drawings, maps, engineering reports, design reports, plans of requirements, cost estimates, environmental assessments or environmental impact reports, and archaeological reports. (3) Prior to finalizing a construction contract proposal pursuant to section 450f(a) of this title, and upon request of the tribe or tribal organization that submits the proposal, the Secretary shall provide for a precontract negotiation phase in the development of a contract proposal. Such phase shall include, at a minimum, the following elements: (A) The provision of technical assistance pursuant to section 450h of this title and paragraph (2). (B) A joint scoping session between the Secretary and the tribe or tribal organization to review all plans, specifications, engineering reports, cost estimates, and other information available to the parties, for the purpose of identifying all areas of agreement and disagreement. (C) An opportunity for the Secretary to revise the plans, designs, or cost estimates of the Secretary in response to concerns raised, or information provided by, the tribe or tribal organization. (D) A negotiation session during which the Secretary and the tribe or tribal organization shall seek to develop a mutually agreeable contract proposal. (E) Upon the request of the tribe or tribal organization, the use of an alternative dispute resolution mechanism to seek resolution of all remaining areas of disagreement pursuant to the dispute resolution provisions under subchapter IV of chapter 5 of title 5. (F) The submission to the Secretary by the tribe or tribal organization of a final contract proposal pursuant to section 450f(a) of this title. (4)(A) Subject to subparagraph (B), in funding a fixed-price construction contract pursuant to section 450j-1(a) of this title, the Secretary shall provide for the following: (i) The reasonable costs to the tribe or tribal organization for general administration incurred in connection with the project that is the subject of the contract. (ii) The ability of the contractor that carries out the construction contract to make a reasonable profit, taking into consideration the risks associated with carrying out the contract and other relevant considerations. (B) In establishing a contract budget for a construction project, the Secretary shall not be required to separately identify the components described in clauses (i) and (ii) of subparagraph (A). (C) The total amount awarded under a construction contract shall reflect an overall fair and reasonable price to the parties, including the following costs: (i) The reasonable costs to the tribal organization of performing the contract, taking into consideration the terms of the contract and the requirements of this subchapter and any other applicable law. (ii) The costs of preparing the contract proposal and supporting cost data. (iii) The costs associated with auditing the general and administrative costs of the tribal organization associated with the management of the construction contract. (iv) In the case of a fixed-price contract, a fair profit determined by taking into consideration the relevant risks and local market conditions. (v) If the Secretary and the tribe or tribal organization are unable to develop a mutually agreeable construction contract proposal pursuant to the procedures set forth in this subsection, the tribe or tribal organization may submit a final contract proposal to the Secretary. Not later than 30 days after receiving such final contract proposal, the Secretary shall approve the contract proposal and award the contract, unless, during such period the Secretary declines the proposal pursuant to subsections (a)(2) and (b) (!2) of section 450f of this title (including providing opportunity for an appeal pursuant to section 450f(b) of this title). (n) Rental rates for housing for Government employees in Alaska Notwithstanding any other provision of law, the rental rates for housing provided to an employee by the Federal Government in Alaska pursuant to a self-determination contract shall be determined on the basis of - (1) the reasonable value of the quarters and facilities (as such terms are defined under section 5911 of title 5) to such employee, and (2) the circumstances under which such quarters and facilities are provided to such employee, as based on the cost of comparable private rental housing in the nearest established community with a year-round population of 1,500 or more individuals. (o) Patient records (1) In general At the option of an Indian tribe or tribal organization, patient records may be deemed to be Federal records under those provisions of title 44 that are commonly referred to as the "Federal Records Act of 1950" for the limited purposes of making such records eligible for storage by Federal Records Centers to the same extent and in the same manner as other Department of Health and Human Services patient records. (2) Treatment of records Patient records that are deemed to be Federal records under those provisions of title 44 that are commonly referred to as the "Federal Records Act of 1950" pursuant to this subsection shall not be considered Federal records for the purposes of chapter 5 of title 5. -SOURCE- (Pub. L. 93-638, title I, Sec. 105, formerly Sec. 106, Jan. 4, 1975, 88 Stat. 2210; renumbered Sec. 105 and amended Pub. L. 100- 472, title II, Sec. 204, Oct. 5, 1988, 102 Stat. 2291; Pub. L. 101- 301, Sec. 2(a)(7), May 24, 1990, 104 Stat. 207; Pub. L. 101-644, title II, Sec. 203(c)-(e), Nov. 29, 1990, 104 Stat. 4666; Pub. L. 103-413, title I, Secs. 102(10)-(13), 106, Oct. 25, 1994, 108 Stat. 4253-4255, 4270; Pub. L. 104-109, Sec. 7, Feb. 12, 1996, 110 Stat. 764; Pub. L. 106-260, Secs. 7, 8, Aug. 18, 2000, 114 Stat. 732, 733.) -REFTEXT- REFERENCES IN TEXT Section 9(c) of the Act of Aug. 2, 1946, referred to in subsec. (a)(3)(C)(ii)(III), was section 9(c) of act Aug. 2, 1946, ch. 744, 60 Stat. 809, which amended section 5 of former Title 41, Public Contracts, and was repealed by Pub. L. 111-350, Sec. 7(b), Jan. 4, 2011, 124 Stat. 3855, which Act enacted Title 41, Public Contracts. The Small Business Act, referred to in subsec. (a)(3)(C)(ii)(X), is Pub. L. 85-536, Sec. 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (Sec. 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables. Executive Order Nos. 12138, 11246, 11701 and 11758, referred to in subsec. (a)(3)(C)(ii)(XI), are Ex. Ord. No. 12138, May 18, 1979, 44 F.R. 29637, which is set out as a note under section 631 of Title 15, Commerce and Trade, Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, which is set out as a note under section 2000e of Title 42, The Public Health and Welfare, Ex. Ord. No. 11701, Jan. 24, 1973, 38 F.R. 2675, which is set out as a note under section 4212 of Title 38, Veterans' Benefits, and Ex. Ord. No. 11758, Jan. 15, 1974, 39 F.R. 2075, which is set out as a note under section 701 of Title 29, Labor. This part, referred to in subsecs. (b) and (i)(2), was in the original "this title", meaning title I of Pub. L. 93-638, known as the Indian Self-Determination Act, which is classified principally to this part (450f et seq.). For complete classification of title I to the Code, see Short Title note set out under section 450 of this title and Tables. Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991, referred to in subsec. (m)(1)(B), is section 314 of Pub. L. 101-512, which is set out as a note under section 450f of this title. Subsections (a)(2) and (b) of section 450f of this title, referred to in subsec. (m)(4)(C)(v), was in the original "sections 102(a)(2) and 102(b) of section 102", and was translated as reading "subsections (a)(2) and (b) of section 102", meaning section 102 of Pub. L. 93-638, to reflect the probable intent of Congress. The Federal Records Act of 1950, referred to in subsec. (o), was title V of act June 30, 1949, ch. 288, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583, which was classified generally to sections 392 to 396 and 397 to 401 of former Title 44, Public Printing and Documents. Section 6(d) of act Sept. 5, 1950, was repealed by Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1238, the first section of which enacted Title 44, Public Printing and Documents. For disposition of sections of former Title 44, see Table at the beginning of Title 44. Title V of act June 30, 1949, was repealed by Pub. L. 107-217, Sec. 4, Aug. 21, 2002, 116 Stat. 1303. -COD- CODIFICATION In subsec. (a)(3)(A), "division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41" substituted for "the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)" and for "such Act" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (a)(3)(C)(ii)(I), "Chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (a)(3)(C)(ii)(II), "Section 6101 of title 41" substituted for "Section 3709 of the Revised Statutes" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (a)(3)(C)(ii)(IV), "Division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "Title III of the Federal Property and Administrative Services Act of 1949 (63 Stat. 393 et seq., chapter 288)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (a)(3)(C)(ii)(VII), "Section 3145 of title 40" substituted for "Section 2 of the Act of June 13, 1934 (48 Stat 948, chapter 483 [482])" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works. In subsec. (a)(3)(C)(ii)(VIII), "Chapter 65 of title 41" substituted for "Sections 1 through 12 of the Act of June 30, 1936 (49 Stat. 2036 et seq. chapter 881)" on authority of Pub. L. 111- 350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (a)(3)(C)(ii)(IX), "Chapter 67 of title 41" substituted for "The Service Control [Contract] Act of 1965 (41 U.S.C. 351 et seq.)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (k), "section 501 of title 40" substituted for "section 201(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(a))" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works. -MISC1- PRIOR PROVISIONS A prior section 105 of Pub. L. 93-638 was renumbered section 104 by Pub. L. 100-472 and is classified to section 450i of this title. AMENDMENTS 2000 - Subsec. (k). Pub. L. 106-260, Sec. 7, substituted "deemed an executive agency and part of the Indian Health Service" for "deemed an executive agency" and inserted at end "For purposes of carrying out such contract, grant, or agreement, the Secretary shall, at the request of an Indian tribe, enter into an agreement for the acquisition, on behalf of the Indian tribe, of any goods, services, or supplies available to the Secretary from the General Services Administration or other Federal agencies that are not directly available to the Indian tribe under this section or under any other Federal law, including acquisitions from prime vendors. All such acquisitions shall be undertaken through the most efficient and speedy means practicable, including electronic ordering arrangements." Subsec. (o). Pub. L. 106-260, Sec. 8, added subsec. (o). 1996 - Subsec. (e). Pub. L. 104-109 made technical amendment to directory language of Pub. L. 103-413, Sec. 102(11). See 1994 Amendment note below. 1994 - Subsec. (a). Pub. L. 103-413, Sec. 102(10), added subsec. (a) and struck out former subsec. (a) which read as follows: "Contracts with tribal organizations pursuant to section 450f of this title shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the appropriate Secretary, such contracts may be negotiated without advertising and need not conform with the provisions of sections 270a to 270d of title 40: Provided, That the appropriate Secretary may waive any provisions of such contracting laws or regulations which he determines are not appropriate for the purposes of the contract involved or inconsistent with the provisions of this Act: Provided further, That, except for construction contracts (or sub-contracts of such a construction contract), the Office of Federal Procurement Policy Act (88 Stat. 796; 41 U.S.C. 401 et seq.) and Federal acquisition regulations promulgated thereunder shall not apply to self-determination contracts." Subsec. (e). Pub. L. 103-413, Sec. 102(11), as amended by Pub. L. 104-109, added subsec. (e) and struck out former subsec. (e) which read as follows: "Whenever an Indian tribe requests retrocession of the appropriate Secretary for any contract entered into pursuant to this Act, such retrocession shall become effective one year from the date of the request by the Indian tribe or at such date as may be mutually agreed by the Secretary and the Indian tribe." Subsec. (f)(2). Pub. L. 103-413, Sec. 102(12), added par. (2) and struck out former par. (2) which read as follows: "donate to an Indian tribe or tribal organization the title to any personal or real property found to be excess to the needs of the Bureau of Indian Affairs, the Indian Health Service, or the General Services Administration, including property and equipment purchased with funds under any self-determination contract or grant agreement; and". Subsec. (h). Pub. L. 103-413, Sec. 106, struck out "and the rules and regulations adopted by the Secretaries of the Interior and Health and Human Services pursuant to section 450k of this title" after "sections 450f and 450h of this title". Subsecs. (i) to (n). Pub. L. 103-413, Sec. 102(13), added subsecs. (i) to (n). 1990 - Subsec. (a). Pub. L. 101-301 substituted "sub-contracts of such a construction contract" for "sub-contracts in such cases where the tribal contractor has sub-contracted the activity". Subsec. (c)(1)(B). Pub. L. 101-644, Sec. 203(c), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "for an indefinite term in the case of a mature contract." Subsec. (d). Pub. L. 101-644, Sec. 203(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "(1) No later than fiscal year 1990, the Secretary shall begin using the calendar year as the basis for contracts and agreements under this Act except for instances where the Secretary and the Indian tribe or tribal organization agree on a different period. "(2) The Secretary shall submit a report to the Congress within ninety days of October 5, 1988, on the amounts of any additional obligational authority needed to implement this subsection in fiscal year 1989." Subsec. (f)(2), (3). Pub. L. 101-644, Sec. 203(e), inserted "or real" after "personal". 1988 - Subsec. (a). Pub. L. 100-472, Sec. 204(b), (c), substituted "section 450f" for "sections 450f and 450g" and inserted proviso relating to nonapplication of Office of Federal Procurement Policy Act to self-determination contracts. Subsec. (b). Pub. L. 100-472, Sec. 204(d), which directed the amendment of subsec. (b) by substituting "sections 450f and 450h" for "sections 450f, 450g, and 450h" was executed by substituting the new language for "section 450f, 450g, or 450h" as the probable intent of Congress. Subsec. (c). Pub. L. 100-472, Sec. 204(e), added subsec. (c) and struck out former subsec. (c) which read as follows: "Any contract requested by a tribe pursuant to sections 450f and 450g of this title shall be for a term not to exceed one year unless the appropriate Secretary determines that a longer term would be advisable: Provided, That such term may not exceed three years and shall be subject to the availability of appropriations: Provided, further, That the amounts of such contracts may be renegotiated annually to reflect factors, including but not limited to cost increases beyond the control of a tribal organization." Subsec. (d). Pub. L. 100-472, Sec. 204(e), added subsec. (d) and struck out former subsec. (d) which related to revision or amendment of contracts or grants at request or with consent of tribal organization and effective date for retrocession of contracts. Subsec. (e). Pub. L. 100-472, Sec. 204(e), added subsec. (e) and struck out former subsec. (e) which authorized the Secretary to permit tribal organizations to use existing school buildings, hospitals, and other facilities and equipment therein in carrying out grants or contracts. Subsec. (f). Pub. L. 100-472, Sec. 204(e), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 100-472, Sec. 204(f), redesignated former subsec. (f) as (g) and substituted "section 450f" for "sections 450f and 450g". Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 100-472, Sec. 204(g), (h), redesignated former subsec. (g) as (h), substituted "sections 450f and 450h" for "sections 450f, 450g, and 450h", and "Health and Human Services" for "Health, Education, and Welfare". Former subsec. (h), which related to minimum amount of funds under terms of contracts, was struck out. CONTINUED AVAILABILITY OF CERTAIN FUNDS Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 105 Stat. 2681-231, 2681-246, provided in part that: "hereafter funds made available to tribes and tribal organizations through contracts, compact agreements, or grants, as authorized by the Indian Self-Determination Act of 1975 [25 U.S.C. 450f et seq.] or grants authorized by the Indian Education Amendments of 1988 (25 U.S.C. 2001 and 2008A [probably means prior versions of 25 U.S.C. 2001 and 2008a]) shall remain available until expended by the contractor or grantee". -FOOTNOTE- (!1) So in original. Probably should be "provisions". (!2) See References in Text note below. -End- -CITE- 25 USC Sec. 450j-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450j-1. Contract funding and indirect costs -STATUTE- (a) Amount of funds provided (1) The amount of funds provided under the terms of self- determination contracts entered into pursuant to this subchapter shall not be less than the appropriate Secretary would have otherwise provided for the operation of the programs or portions thereof for the period covered by the contract, without regard to any organizational level within the Department of the Interior or the Department of Health and Human Services, as appropriate, at which the program, function, service, or activity or portion thereof, including supportive administrative functions that are otherwise contractable, is operated. (2) There shall be added to the amount required by paragraph (1) contract support costs which shall consist of an amount for the reasonable costs for activities which must be carried on by a tribal organization as a contractor to ensure compliance with the terms of the contract and prudent management, but which - (A) normally are not carried on by the respective Secretary in his direct operation of the program; or (B) are provided by the Secretary in support of the contracted program from resources other than those under contract. (3)(A) The contract support costs that are eligible costs for the purposes of receiving funding under this subchapter shall include the costs of reimbursing each tribal contractor for reasonable and allowable costs of - (i) direct program expenses for the operation of the Federal program that is the subject of the contract, and (ii) any additional administrative or other expense related to the overhead incurred by the tribal contractor in connection with the operation of the Federal program, function, service, or activity pursuant to the contract, except that such funding shall not duplicate any funding provided under subsection (a)(1) of this section. (B) On an annual basis, during such period as a tribe or tribal organization operates a Federal program, function, service, or activity pursuant to a contract entered into under this subchapter, the tribe or tribal organization shall have the option to negotiate with the Secretary the amount of funds that the tribe or tribal organization is entitled to receive under such contract pursuant to this paragraph. (4) For each fiscal year during which a self-determination contract is in effect, any savings attributable to the operation of a Federal program, function, service, or activity under a self- determination contract by a tribe or tribal organization (including a cost reimbursement construction contract) shall - (A) be used to provide additional services or benefits under the contract; or (B) be expended by the tribe or tribal organization in the succeeding fiscal year, as provided in section 13a of this title. (5) Subject to paragraph (6), during the initial year that a self- determination contract is in effect, the amount required to be paid under paragraph (2) shall include startup costs consisting of the reasonable costs that have been incurred or will be incurred on a one-time basis pursuant to the contract necessary - (A) to plan, prepare for, and assume operation of the program, function, service, or activity that is the subject of the contract; and (B) to ensure compliance with the terms of the contract and prudent management. (6) Costs incurred before the initial year that a self- determination contract is in effect may not be included in the amount required to be paid under paragraph (2) if the Secretary does not receive a written notification of the nature and extent of the costs prior to the date on which such costs are incurred. (b) Reductions and increases in amount of funds provided The amount of funds required by subsection (a) of this section - (1) shall not be reduced to make funding available for contract monitoring or administration by the Secretary; (2) shall not be reduced by the Secretary in subsequent years except pursuant to - (A) a reduction in appropriations from the previous fiscal year for the program or function to be contracted; (B) a directive in the statement of the managers accompanying a conference report on an appropriation bill or continuing resolution; (C) a tribal authorization; (D) a change in the amount of pass-through funds needed under a contract; or (E) completion of a contracted project, activity, or program; (3) shall not be reduced by the Secretary to pay for Federal functions, including, but not limited to, Federal pay costs, Federal employee retirement benefits, automated data processing, contract technical assistance or contract monitoring; (4) shall not be reduced by the Secretary to pay for the costs of Federal personnel displaced by a self-determination contract; and (5) may, at the request of the tribal organization, be increased by the Secretary if necessary to carry out this subchapter or as provided in section 450j(c) of this title. Notwithstanding any other provision in this subchapter, the provision of funds under this subchapter is subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe to make funds available to another tribe or tribal organization under this subchapter. (c) Annual reports Not later than May 15 of each year, the Secretary shall prepare and submit to Congress an annual report on the implementation of this subchapter. Such report shall include - (1) an accounting of the total amounts of funds provided for each program and the budget activity for direct program costs and contract support costs of tribal organizations under self- determination; (2) an accounting of any deficiency in funds needed to provide required contract support costs to all contractors for the fiscal year for which the report is being submitted; (3) the indirect cost rate and type of rate for each tribal organization that has been negotiated with the appropriate Secretary; (4) the direct cost base and type of base from which the indirect cost rate is determined for each tribal organization; (5) the indirect cost pool amounts and the types of costs included in the indirect cost pool; and (6) an accounting of any deficiency in funds needed to maintain the preexisting level of services to any Indian tribes affected by contracting activities under this subchapter, and a statement of the amount of funds needed for transitional purposes to enable contractors to convert from a Federal fiscal year accounting cycle, as authorized by section 450j(d) of this title. (d) Treatment of shortfalls in indirect cost recoveries (1) Where a tribal organization's allowable indirect cost recoveries are below the level of indirect costs that the tribal organizations should have received for any given year pursuant to its approved indirect cost rate, and such shortfall is the result of lack of full indirect cost funding by any Federal, State, or other agency, such shortfall in recoveries shall not form the basis for any theoretical over-recovery or other adverse adjustment to any future years' indirect cost rate or amount for such tribal organization, nor shall any agency seek to collect such shortfall from the tribal organization. (2) Nothing in this subsection shall be construed to authorize the Secretary to fund less than the full amount of need for indirect costs associated with a self-determination contract. (e) Liability for indebtedness incurred before fiscal year 1992 Indian tribes and tribal organizations shall not be held liable for amounts of indebtedness attributable to theoretical or actual under-recoveries or theoretical over-recoveries of indirect costs, as defined in Office of Management and Budget Circular A-87, incurred for fiscal years prior to fiscal year 1992. (f) Limitation on remedies relating to cost disallowances Any right of action or other remedy (other than those relating to a criminal offense) relating to any disallowance of costs shall be barred unless the Secretary has given notice of any such disallowance within three hundred and sixty-five days of receiving any required annual single agency audit report or, for any period covered by law or regulation in force prior to October 19, 1984, any other required final audit report. Such notice shall set forth the right of appeal and hearing to the board of contract appeals pursuant to section 450m-1 of this title. For the purpose of determining the 365-day period specified in this paragraph, an audit report shall be deemed to have been received on the date of actual receipt by the Secretary, if, within 60 days after receiving the report, the Secretary does not give notice of a determination by the Secretary to reject the single-agency report as insufficient due to noncompliance with chapter 75 of title 31 or noncompliance with any other applicable law. Nothing in this subsection shall be deemed to enlarge the rights of the Secretary with respect to section 476 of this title. (g) Addition to contract of full amount contractor entitled; adjustment Upon the approval of a self-determination contract, the Secretary shall add to the contract the full amount of funds to which the contractor is entitled under subsection (a) of this section, subject to adjustments for each subsequent year that such tribe or tribal organization administers a Federal program, function, service, or activity under such contract. (h) Indirect costs for contracts for construction programs In calculating the indirect costs associated with a self- determination contract for a construction program, the Secretary shall take into consideration only those costs associated with the administration of the contract and shall not take into consideration those moneys actually passed on by the tribal organization to construction contractors and subcontractors. (i) Indian Health Service and Bureau of Indian Affairs budget consultations On an annual basis, the Secretary shall consult with, and solicit the participation of, Indian tribes and tribal organizations in the development of the budget for the Indian Health Service and the Bureau of Indian Affairs (including participation of Indian tribes and tribal organizations in formulating annual budget requests that the Secretary submits to the President for submission to Congress pursuant to section 1105 of title 31). (j) Use of funds for matching or cost participation requirements Notwithstanding any other provision of law, a tribal organization may use funds provided under a self-determination contract to meet matching or cost participation requirements under other Federal and non-Federal programs. (k) Allowable uses of funds without approval of Secretary Without intending any limitation, a tribal organization may, without the approval of the Secretary, expend funds provided under a self-determination contract for the following purposes, to the extent that the expenditure of the funds is supportive of a contracted program: (1) Depreciation and use allowances not otherwise specifically prohibited by law, including the depreciation of facilities owned by the tribe or tribal organization. (2) Publication and printing costs. (3) Building, realty, and facilities costs, including rental costs or mortgage expenses. (4) Automated data processing and similar equipment or services. (5) Costs for capital assets and repairs. (6) Management studies. (7) Professional services, other than services provided in connection with judicial proceedings by or against the United States. (8) Insurance and indemnification, including insurance covering the risk of loss of or damage to property used in connection with the contract without regard to the ownership of such property. (9) Costs incurred to raise funds or contributions from non- Federal sources for the purpose of furthering the goals and objectives of the self-determination contract. (10) Interest expenses paid on capital expenditures such as buildings, building renovation, or acquisition or fabrication of capital equipment, and interest expenses on loans necessitated due to delays by the Secretary in providing funds under a contract. (11) Expenses of a governing body of a tribal organization that are attributable to the management or operation of programs under this subchapter. (12) Costs associated with the management of pension funds, self-insurance funds, and other funds of the tribal organization that provide for participation by the Federal Government. (l) Suspension, withholding, or delay in payment of funds (1) The Secretary may only suspend, withhold, or delay the payment of funds for a period of 30 days beginning on the date the Secretary makes a determination under this paragraph to a tribal organization under a self-determination contract, if the Secretary determines that the tribal organization has failed to substantially carry out the contract without good cause. In any such case, the Secretary shall provide the tribal organization with reasonable advance written notice, technical assistance (subject to available resources) to assist the tribal organization, a hearing on the record not later than 10 days after the date of such determination or such later date as the tribal organization shall approve, and promptly release any funds withheld upon subsequent compliance. (2) With respect to any hearing or appeal conducted pursuant to this subsection, the Secretary shall have the burden of proof to establish by clearly demonstrating the validity of the grounds for suspending, withholding, or delaying payment of funds. (m) Use of program income earned The program income earned by a tribal organization in the course of carrying out a self-determination contract - (1) shall be used by the tribal organization to further the general purposes of the contract; and (2) shall not be a basis for reducing the amount of funds otherwise obligated to the contract. (n) Reduction of administrative or other responsibilities of Secretary; use of savings To the extent that programs, functions, services, or activities carried out by tribal organizations pursuant to contracts entered into under this subchapter reduce the administrative or other responsibilities of the Secretary with respect to the operation of Indian programs and result in savings that have not otherwise been included in the amount of contract funds determined under subsection (a) of this section, the Secretary shall make such savings available for the provision of additional services to program beneficiaries, either directly or through contractors, in a manner equitable to both direct and contracted programs. (o) Rebudgeting by tribal organization Notwithstanding any other provision of law (including any regulation), a tribal organization that carries out a self- determination contract may, with respect to allocations within the approved budget of the contract, rebudget to meet contract requirements, if such rebudgeting would not have an adverse effect on the performance of the contract. -SOURCE- (Pub. L. 93-638, title I, Sec. 106, as added Pub. L. 100-472, title II, Sec. 205, Oct. 5, 1988, 102 Stat. 2292; amended Pub. L. 101- 301, Sec. 2(a)(8), (9), May 24, 1990, 104 Stat. 207; Pub. L. 101- 644, title II, Sec. 203(a), Nov. 29, 1990, 104 Stat. 4666; Pub. L. 103-413, title I, Sec. 102(14)-(19), Oct. 25, 1994, 108 Stat. 4257- 4259; Pub. L. 105-362, title VIII, Sec. 801(g), Nov. 10, 1998, 112 Stat. 3288; Pub. L. 106-260, Sec. 9, Aug. 18, 2000, 114 Stat. 733.) -MISC1- PRIOR PROVISIONS A prior section 106 of Pub. L. 93-638 was renumbered section 105 by Pub. L. 100-472 and is classified to section 450j of this title. AMENDMENTS 2000 - Subsecs. (c) to (o). Pub. L. 106-260 added subsec. (c) and redesignated former subsecs. (c) to (n) as (d) to (o), respectively. 1998 - Subsecs. (c) to (o). Pub. L. 105-362 redesignated subsecs. (d) to (o) as (c) to (n), respectively, and struck out former subsec. (c) which related to Secretary's annual report to Congress on implementation of this subchapter. 1994 - Subsec. (a)(1). Pub. L. 103-413, Sec. 102(14)(A), inserted before period at end ", without regard to any organizational level within the Department of the Interior or the Department of Health and Human Services, as appropriate, at which the program, function, service, or activity or portion thereof, including supportive administrative functions that are otherwise contractable, is operated". Subsec. (a)(2). Pub. L. 103-413, Sec. 102(14)(B), inserted "an amount for" after "consist of". Subsec. (a)(3). Pub. L. 103-413, Sec. 102(14)(C), added par. (3) and struck out former par. (3) which read as follows: "Any savings in operation under a self-determination contract shall be utilized to provide additional services or benefits under the contract or be expended in the succeeding fiscal year as provided in section 13a of this title." Subsec. (a)(4) to (6). Pub. L. 103-413, Sec. 102(14)(C), added pars. (4) to (6). Subsec. (c). Pub. L. 103-413, Sec. 102(15)(A), substituted "May 15" for "March 15" in introductory provisions. Subsec. (c)(1), (2). Pub. L. 103-413, Sec. 102(15)(B), substituted "contract support costs" for "indirect costs". Subsec. (c)(6). Pub. L. 103-413, Sec. 102(15)(C)-(E), added par. (6). Subsec. (f). Pub. L. 103-413, Sec. 102(16), inserted after second sentence "For the purpose of determining the 365-day period specified in this paragraph, an audit report shall be deemed to have been received on the date of actual receipt by the Secretary, if, within 60 days after receiving the report, the Secretary does not give notice of a determination by the Secretary to reject the single-agency report as insufficient due to noncompliance with chapter 75 of title 31 or noncompliance with any other applicable law." Subsec. (g). Pub. L. 103-413, Sec. 102(17), added subsec. (g) and struck out former subsec. (g) which read as follows: "Upon the approval of a self-determination contract and at the request of an Indian tribe or tribal organization, the Secretary shall add the indirect cost funding amount awarded for a self-determination contract to the amount awarded for direct program funding for the first year and, subject to adjustments in the amount of direct program costs for the contract, for each subsequent year that the program remains continuously under contract." Subsec. (i). Pub. L. 103-413, Sec. 102(18), added subsec. (i) and struck out former subsec. (i) which read as follows: "Within one month after October 5, 1988, the Secretary is mandated to establish a team in each area of the Bureau of Indian Affairs which consists of agency personnel (area personnel in the Navajo Area and in the case of Indian tribes not served by an agency) and tribal representatives for the purpose of analyzing the 'Indian Priority System' and other aspects of the budgeting and funding allocation process of the Bureau of Indian Affairs for the purpose of making a report to Congress with appropriate recommendations for changes and legislative actions to achieve greater tribal decision-making authority over the use of funds appropriated for the benefit of the tribes and their members. The report along with the analysis, findings and recommendations of the area teams shall be submitted to Congress within six months of October 5, 1988. The Secretary may submit to Congress separate comments on the information and recommendations on the report." Subsecs. (j) to (o). Pub. L. 103-413, Sec. 102(19), added subsecs. (j) to (o). 1990 - Subsec. (e). Pub. L. 101-644 substituted "1992" for "1988". Subsec. (f). Pub. L. 101-301, Sec. 2(a)(8), substituted "prior to enactment of chapter 75 of title 31" for "prior to enactment of the Single Agency Audit Act of 1984 (chapter 75 of title 31)", which for purposes of codification was translated as "prior to October 19, 1984", requiring no change in text. Subsec. (i). Pub. L. 101-301, Sec. 2(a)(9), substituted "agency personnel (area personnel in the Navajo Area and in the case of Indian tribes not served by an agency)" for "agency personnel". -End- -CITE- 25 USC Sec. 450j-2 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450j-2. Indian Health Service: availability of funds for Indian self-determination or self-governance contract or grant support costs -STATUTE- Before, on, and after October 21, 1998, and notwithstanding any other provision of law, funds available to the Indian Health Service in this Act or any other Act for Indian self-determination or self-governance contract or grant support costs may be expended only for costs directly attributable to contracts, grants and compacts pursuant to the Indian Self-Determination Act [25 U.S.C. 450f et seq.] and no funds appropriated by this or any other Act shall be available for any contract support costs or indirect costs associated with any contract, grant, cooperative agreement, self- governance compact, or funding agreement entered into between an Indian tribe or tribal organization and any entity other than the Indian Health Service. -SOURCE- (Pub. L. 105-277, div. A, Sec. 101(e) [title II], Oct. 21, 1998, 112 Stat. 2681-231, 2681-280.) -REFTEXT- REFERENCES IN TEXT The Indian Self-Determination Act, referred to in text, is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended, which is classified principally to this part (Sec. 450f et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. -End- -CITE- 25 USC Sec. 450j-3 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450j-3. Department of the Interior: availability of funds for Indian self-determination or self-governance contract or grant support costs -STATUTE- Notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended [25 U.S.C. 450f et seq.], on and after November 29, 1999, funds available to the Department of the Interior for Indian self- determination or self-governance contract or grant support costs may be expended only for costs directly attributable to contracts, grants and compacts pursuant to the Indian Self-Determination Act of 1975 and on and after November 29, 1999, funds appropriated in this title (!1) shall not be available for any contract support costs or indirect costs associated with any contract, grant, cooperative agreement, self-governance compact or funding agreement entered into between an Indian tribe or tribal organization and any entity other than an agency of the Department of the Interior. -SOURCE- (Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 113], Nov. 29, 1999, 113 Stat. 1535, 1501A-157.) -REFTEXT- REFERENCES IN TEXT The Indian Self-Determination Act of 1975, referred to in text, probably means the Indian Self-Determination Act, title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended, which is classified principally to this part (Sec. 450f et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. This title, referred to in text, is title I of the Department of the Interior and Related Agencies Appropriations Act, 2000, as enacted by Pub. L. 106-113, div. B, Sec. 1000(a)(3), Nov. 29, 1999, 113 Stat. 1535, 1501A-135. For complete classification of this title to the Code, see Tables. -MISC1- SIMILAR PROVISIONS Similar provisions were contained in Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 114], Oct. 21, 1998, 112 Stat. 2681-231, 2681-255. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 450k 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450k. Rules and regulations -STATUTE- (a) Authority of Secretaries of the Interior and of Health and Human Services to promulgate; time restriction (1) Except as may be specifically authorized in this subsection, or in any other provision of this subchapter, the Secretary of the Interior and the Secretary of Health and Human Services may not promulgate any regulation, nor impose any nonregulatory requirement, relating to self-determination contracts or the approval, award, or declination of such contracts, except that the Secretary of the Interior and the Secretary of Health and Human Services may promulgate regulations under this subchapter relating to chapter 171 of title 28, commonly known as the "Federal Tort Claims Act", chapter 71 of title 41, declination and waiver procedures, appeal procedures, reassumption procedures, discretionary grant procedures for grants awarded under section 450h of this title, property donation procedures arising under section 450j(f) of this title, internal agency procedures relating to the implementation of this subchapter, retrocession and tribal organization relinquishment procedures, contract proposal contents, conflicts of interest, construction, programmatic reports and data requirements, procurement standards, property management standards, and financial management standards. (2)(A) The regulations promulgated under this subchapter, including the regulations referred to in this subsection, shall be promulgated - (i) in conformance with sections 552 and 553 of title 5 and subsections (c), (d), and (e) of this section; and (ii) as a single set of regulations in title 25 of the Code of Federal Regulations. (B) The authority to promulgate regulations set forth in this subchapter shall expire if final regulations are not promulgated within 20 months after October 25, 1994. (b) Conflicting laws and regulations The provisions of this subchapter shall supersede any conflicting provisions of law (including any conflicting regulations) in effect on the day before October 25, 1994, and the Secretary is authorized to repeal any regulation inconsistent with the provisions of this subchapter. (c) Revisions and amendments; procedures applicable The Secretary of the Interior and the Secretary of Health and Human Services are authorized, with the participation of Indian tribes and tribal organizations, to revise and amend any rules or regulations promulgated pursuant to this section: Provided, That prior to any revision or amendment to such rules or regulations, the respective Secretary or Secretaries shall present the proposed revision or amendment to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives and shall, to the extent practicable, consult with appropriate national or regional Indian organizations and shall publish any proposed revisions in the Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties. (d) Consultation in drafting and promulgating; negotiation process; interagency committees; extension of deadlines (1) In drafting and promulgating regulations as provided in subsection (a) of this section (including drafting and promulgating any revised regulations), the Secretary of the Interior and the Secretary of Health and Human Services shall confer with, and allow for active participation by, representatives of Indian tribes, tribal organizations, and individual tribal members. (2)(A) In carrying out rulemaking processes under this subchapter, the Secretary of the Interior and the Secretary of Health and Human Services shall follow the guidance of - (i) subchapter III of chapter 5 of title 5, commonly known as the "Negotiated Rulemaking Act of 1990"; and (ii) the recommendations of the Administrative Conference of the United States numbered 82-4 and 85-5 entitled "Procedures for Negotiating Proposed Regulations" under sections 305.82-4 and 305.85-5 of title 1, Code of Federal Regulations, and any successor recommendation or law (including any successor regulation). (B) The tribal participants in the negotiation process referred to in subparagraph (A) shall be nominated by and shall represent the groups described in this paragraph and shall include tribal representatives from all geographic regions. (C) The negotiations referred to in subparagraph (B) shall be conducted in a timely manner. Proposed regulations to implement the amendments made by the Indian Self-Determination Contract Reform Act of 1994 shall be published in the Federal Register by the Secretary of the Interior and the Secretary of Health and Human Services not later than 180 days after October 25, 1994. (D) Notwithstanding any other provision of law (including any regulation), the Secretary of the Interior and the Secretary of Health and Human Services are authorized to jointly establish and fund such interagency committees or other interagency bodies, including advisory bodies comprised of tribal representatives, as may be necessary or appropriate to carry out the provisions of this subchapter. (E) If the Secretary determines that an extension of the deadlines under subsection (a)(2)(B) of this section and subparagraph (C) of this paragraph is appropriate, the Secretary may submit proposed legislation to Congress for the extension of such deadlines. (e) Exceptions in or waiver of regulations The Secretary may, with respect to a contract entered into under this subchapter, make exceptions in the regulations promulgated to carry out this subchapter, or waive such regulations, if the Secretary finds that such exception or waiver is in the best interest of the Indians served by the contract or is consistent with the policies of this subchapter, and is not contrary to statutory law. In reviewing each request, the Secretary shall follow the timeline, findings, assistance, hearing, and appeal procedures set forth in section 450f of this title. -SOURCE- (Pub. L. 93-638, title I, Sec. 107, Jan. 4, 1975, 88 Stat. 2212; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100-472, title II, Sec. 207, Oct. 5, 1988, 102 Stat. 2295; Pub. L. 101-644, title II, Sec. 203(f), Nov. 29, 1990, 104 Stat. 4666; Pub. L. 103-413, title I, Sec. 105, Oct. 25, 1994, 108 Stat. 4269; Pub. L. 103-435, Sec. 22(a)(1), Nov. 2, 1994, 108 Stat. 4575; Pub. L. 103-437, Sec. 10(c)(2), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 104-133, Sec. 1, Apr. 25, 1996, 110 Stat. 1320; Pub. L. 104-287, Sec. 6(e), Oct. 11, 1996, 110 Stat. 3399.) -REFTEXT- REFERENCES IN TEXT The Indian Self-Determination Contract Reform Act of 1994, referred to in subsec. (d)(2)(C), is title I of Pub. L. 103-413, Oct. 25, 1994, 108 Stat. 4250, which enacted section 450l of this title, amended this section and sections 450b, 450c, 450e, 450f, 450j, 450j-1, 450m, and 450m-1 of this title, and enacted provisions set out as a note under section 450 of this title. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 450 of this title and Tables. -COD- CODIFICATION In subsec. (a)(1), "chapter 71 of title 41" substituted for "the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. -MISC1- AMENDMENTS 1996 - Subsec. (a)(2)(B). Pub. L. 104-133 substituted "20 months" for "18 months". Subsec. (b). Pub. L. 104-287 repealed Pub. L. 103-437, Sec. 10(c)(2)(A). See 1994 Amendment note below. 1994 - Subsec. (a). Pub. L. 103-413, Sec. 105(1), added subsec. (a) and struck out former subsec. (a) which read as follows: "The Secretaries of the Interior and of Health and Human Services are each authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purposes of carrying out the provisions of this subchapter: Provided, however, That all Federal requirements for self-determination contracts and grants under this Act shall be promulgated as regulations in conformity with sections 552 and 553 of title 5." Subsec. (b). Pub. L. 103-437, Sec. 10(c)(2)(A), which directed that subsec. (b) be repealed, was itself repealed by Pub. L. 104- 287, Sec. 6(e). See Effective Date and Construction of 1996 Amendment note below. Pub. L. 103-435, which directed substitution of "Committee on Natural Resources" for "Committee on Interior and Insular Affairs" in par. (2), could not be executed because "Committee on Interior and Insular Affairs" did not appear in text subsequent to amendment by Pub. L. 103-413, Sec. 105(1). See below. Pub. L. 103-413, Sec. 105(1), added subsec. (b) and struck out former subsec. (b) which read as follows: "(b)(1) Within three months from October 5, 1988, the Secretary shall consider and formulate appropriate regulations to implement the provisions of this Act, with the participation of Indian tribes. Such proposed regulations shall contain all Federal requirements applicable to self-determination contracts and grants under this Act. "(2) Within six months from October 5, 1988, the Secretary shall present the proposed regulations to the Select Committee on Indian Affairs of the United States Senate and to the Committee on Interior and Insular Affairs of the United States House of Representatives. "(3) Within seven months from October 5, 1988, the Secretary shall publish proposed regulations in the Federal Register for the purpose of receiving comments from tribes and other interested parties. "(4) Within ten months from October 5, 1988, the Secretary shall promulgate regulations to implement the provisions of such Act." Subsec. (c). Pub. L. 103-437, Sec. 10(c)(2)(B), substituted "Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives" for "Committees on Interior and Insular Affairs of the United States Senate and House of Representatives". Subsecs. (d), (e). Pub. L. 103-413, Sec. 105(2), added subsecs. (d) and (e). 1990 - Subsec. (c). Pub. L. 101-644 inserted ", with the participation of Indian tribes and tribal organizations," after "authorized". 1988 - Subsec. (a). Pub. L. 100-472, Sec. 207(a), substituted "Health and Human Services" for "Health, Education, and Welfare", and inserted proviso relating to promulgation of Federal requirements for self-determination contracts as regulations. Subsec. (b). Pub. L. 100-472, Sec. 207(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "(1) Within six months from January 4, 1975, the Secretary of the Interior and the Secretary of Health and Human Services shall each to the extent practicable, consult with national and regional Indian organizations to consider and formulate appropriate rules and regulations to implement the provisions of this subchapter. "(2) Within seven months from January 4, 1975, the Secretary of the Interior and the Secretary of Health and Human Services shall each present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives. "(3) Within eight months from January 4, 1975, the Secretary of the Interior and the Secretary of Health and Human Services shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties. "(4) Within ten months from January 4, 1975, the Secretary of the Interior and the Secretary of Health and Human Services shall promulgate rules and regulations to implement the provisions of this subchapter." -CHANGE- CHANGE OF NAME "Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" in subsec. (c), pursuant to section 509(b) of Pub. L. 96-88, which is classified to section 3508(b) of Title 20, Education. -MISC2- EFFECTIVE DATE AND CONSTRUCTION OF 1996 AMENDMENT Section 6(e) of Pub. L. 104-287 provided that: "Effective November 2, 1994, section 10(c)(2)(A) of the Act of November 2, 1994 (Public Law 103-437, 108 Stat. 4589) [amending this section], is repealed and section 107(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450k(b)), as amended by section 105(1) of the Indian Self-Determination Act (Public Law 103-413, 108 Stat. 4269), is revived and shall read as if section 10(c)(2)(A) of the Act of November 2, 1994 (Public Law 103-437, 108 Stat. 4589), had not been enacted. -End- -CITE- 25 USC Sec. 450l 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450l. Contract or grant specifications -STATUTE- (a) Terms Each self-determination contract entered into under this subchapter shall - (1) contain, or incorporate by reference, the provisions of the model agreement described in subsection (c) of this section (with modifications where indicated and the blanks appropriately filled in), and (2) contain such other provisions as are agreed to by the parties. (b) Payments; Federal records Notwithstanding any other provision of law, the Secretary may make payments pursuant to section 1(b)(6) of such model agreement. As provided in section 1(b)(7) of the model agreement, the records of the tribal government or tribal organization specified in such section shall not be considered Federal records for purposes of chapter 5 of title 5. (c) Model agreement The model agreement referred to in subsection (a)(1) of this section reads as follows: "SECTION 1. AGREEMENT BETWEEN THE SECRETARY AND THE ______ TRIBAL GOVERNMENT. "(a) Authority and Purpose. - "(1) Authority. - This agreement, denoted a Self-Determination Contract (referred to in this agreement as the 'Contract'), is entered into by the Secretary of the Interior or the Secretary of Health and Human Services (referred to in this agreement as the 'Secretary'), for and on behalf of the United States pursuant to title I of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) and by the authority of the ______ tribal government or tribal organization (referred to in this agreement as the 'Contractor'). The provisions of title I of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) are incorporated in this agreement. "(2) Purpose. - Each provision of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) and each provision of this Contract shall be liberally construed for the benefit of the Contractor to transfer the funding and the following related functions, services, activities, and programs (or portions thereof), that are otherwise contractable under section 102(a) of such Act, including all related administrative functions, from the Federal Government to the Contractor: (List functions, services, activities, and programs). "(b) Terms, Provisions, and Conditions. - "(1) Term. - Pursuant to section 105(c)(1) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450j(c)(1)), the term of this contract shall be __ years. Pursuant to section 105(d)(1) of such Act (25 U.S.C. 450j(d)), upon the election by the Contractor, the period of this Contract shall be determined on the basis of a calendar year, unless the Secretary and the Contractor agree on a different period in the annual funding agreement incorporated by reference in subsection (f)(2). "(2) Effective date. - This Contract shall become effective upon the date of the approval and execution by the Contractor and the Secretary, unless the Contractor and the Secretary agree on an effective date other than the date specified in this paragraph. "(3) Program standard. - The Contractor agrees to administer the program, services, functions and activities (or portions thereof) listed in subsection (a)(2) of the Contract in conformity with the following standards: (list standards). "(4) Funding amount. - Subject to the availability of appropriations, the Secretary shall make available to the Contractor the total amount specified in the annual funding agreement incorporated by reference in subsection (f)(2). Such amount shall not be less than the applicable amount determined pursuant to section 106(a) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j-1). "(5) Limitation of costs. - The Contractor shall not be obligated to continue performance that requires an expenditure of funds in excess of the amount of funds awarded under this Contract. If, at any time, the Contractor has reason to believe that the total amount required for performance of this Contract or a specific activity conducted under this Contract would be greater than the amount of funds awarded under this Contract, the Contractor shall provide reasonable notice to the appropriate Secretary. If the appropriate Secretary does not take such action as may be necessary to increase the amount of funds awarded under this Contract, the Contractor may suspend performance of the Contract until such time as additional funds are awarded. "(6) Payment. - "(A) In general. - Payments to the Contractor under this Contract shall - "(i) be made as expeditiously as practicable; and "(ii) include financial arrangements to cover funding during periods covered by joint resolutions adopted by Congress making continuing appropriations, to the extent permitted by such resolutions. "(B) Quarterly, semiannual, lump-sum, and other methods of payment. - "(i) In general. - Pursuant to section 108(b) of the Indian Self-Determination and Education Assistance Act, and notwithstanding any other provision of law, for each fiscal year covered by this Contract, the Secretary shall make available to the Contractor the funds specified for the fiscal year under the annual funding agreement incorporated by reference pursuant to subsection (f)(2) by paying to the Contractor, on a quarterly basis, one-quarter of the total amount provided for in the annual funding agreement for that fiscal year, in a lump-sum payment or as semiannual payments, or any other method of payment authorized by law, in accordance with such method as may be requested by the Contractor and specified in the annual funding agreement. "(ii) Method of quarterly payment. - If quarterly payments are specified in the annual funding agreement incorporated by reference pursuant to subsection (f)(2), each quarterly payment made pursuant to clause (i) shall be made on the first day of each quarter of the fiscal year, except that in any case in which the Contract year coincides with the Federal fiscal year, payment for the first quarter shall be made not later than the date that is 10 calendar days after the date on which the Office of Management and Budget apportions the appropriations for the fiscal year for the programs, services, functions, and activities subject to this Contract. "(iii) Applicability. - Chapter 39 of title 31, United States Code, shall apply to the payment of funds due under this Contract and the annual funding agreement referred to in clause (i). "(7) Records and monitoring. - "(A) In general. - Except for previously provided copies of tribal records that the Secretary demonstrates are clearly required to be maintained as part of the recordkeeping system of the Department of the Interior or the Department of Health and Human Services (or both), records of the Contractor shall not be considered Federal records for purposes of chapter 5 of title 5, United States Code. "(B) Recordkeeping system. - The Contractor shall maintain a recordkeeping system and, upon reasonable advance request, provide reasonable access to such records to the Secretary. "(C) Responsibilities of contractor. - The Contractor shall be responsible for managing the day-to-day operations conducted under this Contract and for monitoring activities conducted under this Contract to ensure compliance with the Contract and applicable Federal requirements. With respect to the monitoring activities of the Secretary, the routine monitoring visits shall be limited to not more than one performance monitoring visit for this Contract by the head of each operating division, departmental bureau, or departmental agency, or duly authorized representative of such head unless - "(i) the Contractor agrees to one or more additional visits; or "(ii) the appropriate official determines that there is reasonable cause to believe that grounds for reassumption of the Contract, suspension of Contract payments, or other serious Contract performance deficiency may exist. No additional visit referred to in clause (ii) shall be made until such time as reasonable advance notice that includes a description of the nature of the problem that requires the additional visit has been given to the Contractor. "(8) Property. - "(A) In general. - As provided in section 105(f) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j(f)), at the request of the Contractor, the Secretary may make available, or transfer to the Contractor, all reasonably divisible real property, facilities, equipment, and personal property that the Secretary has used to provide or administer the programs, services, functions, and activities covered by this Contract. A mutually agreed upon list specifying the property, facilities, and equipment so furnished shall also be prepared by the Secretary, with the concurrence of the Contractor, and periodically revised by the Secretary, with the concurrence of the Contractor. "(B) Records. - The Contractor shall maintain a record of all property referred to in subparagraph (A) or other property acquired by the Contractor under section 105(f)(2)(A) of such Act for purposes of replacement. "(C) Joint use agreements. - Upon the request of the Contractor, the Secretary and the Contractor shall enter into a separate joint use agreement to address the shared use by the parties of real or personal property that is not reasonably divisible. "(D) Acquisition of property. - The Contractor is granted the authority to acquire such excess property as the Contractor may determine to be appropriate in the judgment of the Contractor to support the programs, services, functions, and activities operated pursuant to this Contract. "(E) Confiscated or excess property. - The Secretary shall assist the Contractor in obtaining such confiscated or excess property as may become available to tribes, tribal organizations, or local governments. "(F) Screener identification card. - A screener identification card (General Services Administration form numbered 2946) shall be issued to the Contractor not later than the effective date of this Contract. The designated official shall, upon request, assist the Contractor in securing the use of the card. "(G) Capital equipment. - The Contractor shall determine the capital equipment, leases, rentals, property, or services the Contractor requires to perform the obligations of the Contractor under this subsection, and shall acquire and maintain records of such capital equipment, property rentals, leases, property, or services through applicable procurement procedures of the Contractor. "(9) Availability of funds. - Notwithstanding any other provision of law, any funds provided under this Contract - "(A) shall remain available until expended; and "(B) with respect to such funds, no further - "(i) approval by the Secretary, or "(ii) justifying documentation from the Contractor, shall be required prior to the expenditure of such funds. "(10) Transportation. - Beginning on the effective date of this Contract, the Secretary shall authorize the Contractor to obtain interagency motor pool vehicles and related services for performance of any activities carried out under this Contract. "(11) Federal program guidelines, manuals, or policy directives. - Except as specifically provided in the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.) the Contractor is not required to abide by program guidelines, manuals, or policy directives of the Secretary, unless otherwise agreed to by the Contractor and the Secretary, or otherwise required by law. "(12) Disputes. - "(A) Third-party mediation defined. - For the purposes of this Contract, the term 'third-party mediation' means a form of mediation whereby the Secretary and the Contractor nominate a third party who is not employed by or significantly involved with the Secretary of the Interior, the Secretary of Health and Human Services, or the Contractor, to serve as a third-party mediator to mediate disputes under this Contract. "(B) Alternative procedures. - In addition to, or as an alternative to, remedies and procedures prescribed by section 110 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450m-1), the parties to this Contract may jointly - "(i) submit disputes under this Contract to third-party mediation; "(ii) submit the dispute to the adjudicatory body of the Contractor, including the tribal court of the Contractor; "(iii) submit the dispute to mediation processes provided for under the laws, policies, or procedures of the Contractor; or "(iv) use the administrative dispute resolution processes authorized in subchapter IV of chapter 5 of title 5, United States Code. "(C) Effect of decisions. - The Secretary shall be bound by decisions made pursuant to the processes set forth in subparagraph (B), except that the Secretary shall not be bound by any decision that significantly conflicts with the interests of Indians or the United States. "(13) Administrative procedures of contractor. - Pursuant to the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.), the laws, policies, and procedures of the Contractor shall provide for administrative due process (or the equivalent of administrative due process) with respect to programs, services, functions, and activities that are provided by the Contractor pursuant to this Contract. "(14) Successor annual funding agreement. - "(A) In general. - Negotiations for a successor annual funding agreement, provided for in subsection (f)(2), shall begin not later than 120 days prior to the conclusion of the preceding annual funding agreement. Except as provided in section 105(c)(2) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j(c)(2)) the funding for each such successor annual funding agreement shall only be reduced pursuant to section 106(b) of such Act (25 U.S.C. 450j- 1(b)). "(B) Information. - The Secretary shall prepare and supply relevant information, and promptly comply with any request by the Contractor for information that the Contractor reasonably needs to determine the amount of funds that may be available for a successor annual funding agreement, as provided for in subsection (f)(2) of this Contract. "(15) Contract requirements; approval by secretary. - "(A) In general. - Except as provided in subparagraph (B), for the term of the Contract, section 2103 of the Revised Statutes (25 U.S.C. 81), section 16 of the Act of June 18, 1934 (48 Stat. 987, chapter 576; 25 U.S.C. 476), and the Act of July 3, 1952 (25 U.S.C. 82a), shall not apply to any contract entered into in connection with this Contract. "(B) Requirements. - Each Contract entered into by the Contractor with a third party in connection with performing the obligations of the Contractor under this Contract shall - "(i) be in writing; "(ii) identify the interested parties, the authorities of such parties, and purposes of the Contract; "(iii) state the work to be performed under the Contract; and "(iv) state the process for making any claim, the payments to be made, and the terms of the Contract, which shall be fixed. "(c) Obligation of the Contractor. - "(1) Contract performance. - Except as provided in subsection (d)(2), the Contractor shall perform the programs, services, functions, and activities as provided in the annual funding agreement under subsection (f)(2) of this Contract. "(2) Amount of funds. - The total amount of funds to be paid under this Contract pursuant to section 106(a) shall be determined in an annual funding agreement entered into between the Secretary and the Contractor, which shall be incorporated into this Contract. "(3) Contracted programs. - Subject to the availability of appropriated funds, the Contractor shall administer the programs, services, functions, and activities identified in this Contract and funded through the annual funding agreement under subsection (f)(2). "(4) Trust services for individual indians. - "(A) In general. - To the extent that the annual funding agreement provides funding for the delivery of trust services to individual Indians that have been provided by the Secretary, the Contractor shall maintain at least the same level of service as the Secretary provided for such individual Indians, subject to the availability of appropriated funds for such services. "(B) Trust services to individual indians. - For the purposes of this paragraph only, the term 'trust services for individual Indians' means only those services that pertain to land or financial management connected to individually held allotments. "(5) Fair and uniform services. - The Contractor shall provide services under this Contract in a fair and uniform manner and shall provide access to an administrative or judicial body empowered to adjudicate or otherwise resolve complaints, claims, and grievances brought by program beneficiaries against the Contractor arising out of the performance of the Contract. "(d) Obligation of the United States. - "(1) Trust responsibility. - "(A) In general. - The United States reaffirms the trust responsibility of the United States to the ______ Indian tribe(s) to protect and conserve the trust resources of the Indian tribe(s) and the trust resources of individual Indians. "(B) Construction of contract. - Nothing in this Contract may be construed to terminate, waive, modify, or reduce the trust responsibility of the United States to the tribe(s) or individual Indians. The Secretary shall act in good faith in upholding such trust responsibility. "(2) Good faith. - To the extent that health programs are included in this Contract, and within available funds, the Secretary shall act in good faith in cooperating with the Contractor to achieve the goals set forth in the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). "(3) Programs retained. - As specified in the annual funding agreement, the United States hereby retains the programs, services, functions, and activities with respect to the tribe(s) that are not specifically assumed by the Contractor in the annual funding agreement under subsection (f)(2). "(e) Other Provisions. - "(1) Designated officials. - Not later than the effective date of this Contract, the United States shall provide to the Contractor, and the Contractor shall provide to the United States, a written designation of a senior official to serve as a representative for notices, proposed amendments to the Contract, and other purposes for this Contract. "(2) Contract modifications or amendment. - "(A) In general. - Except as provided in subparagraph (B), no modification to this Contract shall take effect unless such modification is made in the form of a written amendment to the Contract, and the Contractor and the Secretary provide written consent for the modification. "(B) Exception. - The addition of supplemental funds for programs, functions, and activities (or portions thereof) already included in the annual funding agreement under subsection (f)(2), and the reduction of funds pursuant to section 106(b)(2), shall not be subject to subparagraph (A). "(3) Officials not to benefit. - No Member of Congress, or resident commissioner, shall be admitted to any share or part of any contract executed pursuant to this Contract, or to any benefit that may arise from such contract. This paragraph may not be construed to apply to any contract with a third party entered into under this Contract if such contract is made with a corporation for the general benefit of the corporation. "(4) Covenant against contingent fees. - The parties warrant that no person or selling agency has been employed or retained to solicit or secure any contract executed pursuant to this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. "(f) Attachments. - "(1) Approval of contract. - Unless previously furnished to the Secretary, the resolution of the ______ Indian tribe(s) authorizing the contracting of the programs, services, functions, and activities identified in this Contract is attached to this Contract as attachment 1. "(2) Annual funding agreement. - "(A) In general. - The annual funding agreement under this Contract shall only contain - "(i) terms that identify the programs, services, functions, and activities to be performed or administered, the general budget category assigned, the funds to be provided, and the time and method of payment; and "(ii) such other provisions, including a brief description of the programs, services, functions, and activities to be performed (including those supported by financial resources other than those provided by the Secretary), to which the parties agree. "(B) Incorporation by reference. - The annual funding agreement is hereby incorporated in its entirety in this Contract and attached to this Contract as attachment 2." -SOURCE- (Pub. L. 93-638, title I, Sec. 108, as added Pub. L. 103-413, title I, Sec. 103, Oct. 25, 1994, 108 Stat. 4260; amended Pub. L. 106- 568, title VIII, Sec. 812(a), Dec. 27, 2000, 114 Stat. 2917.) -REFTEXT- REFERENCES IN TEXT The Indian Self-Determination and Education Assistance Act, referred to in section 1(a), (b)(6)(B)(i), (11) of the provisions of subsec. (c) setting out the model agreement, is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to this subchapter (Sec. 450 et seq.). Title I of the Act is classified principally to this part (Sec. 450f et seq.). Section 102(a) of the Act is classified to section 450f(a) of this title. Section 108(b) of the Act is classified to subsec. (b) of this section. For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. The Indian Civil Rights Act of 1968, referred to in section 1(b)(13) of the provisions of subsec. (c) setting out the model agreement, is title II of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 77, which is classified generally to subchapter I (Sec. 1301 et seq.) of chapter 15 of this title. For complete classification of this Act to the Code, see Tables. The Act of July 3, 1952, referred to in section 1(b)(15)(A) of the provisions of subsec. (c) setting out the model agreement, is act July 3, 1952, ch. 549, 66 Stat. 323, which enacted section 82a of this title and provisions set out as a note under section 82a of this title. The Indian Health Care Improvement Act, referred to in section 1(d)(2) of the provisions of subsec. (c) setting out the model agreement, is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, which is classified principally to chapter 18 (Sec. 1601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. -MISC1- PRIOR PROVISIONS A prior section 450l, Pub. L. 93-638, title I, Sec. 108, Jan. 4, 1975, 88 Stat. 2212, which related to report by tribe requesting contract or grant, was renumbered section 5(f) of Pub. L. 93-638, by Pub. L. 100-472, title II, Sec. 208, Oct. 5, 1988, 102 Stat. 2296, and is classified to section 450c(f) of this title. AMENDMENTS 2000 - Subsec. (c). Pub. L. 106-568 substituted ", section 16 of the Act of June 18, 1934" for "and section 16 of the Act of June 18, 1934" and "and the Act of July 3, 1952 (25 U.S.C. 82a), shall not apply" for "shall not apply" in section 1(b)(15)(A) of the provisions setting out the model agreement. QUARTERLY PAYMENTS OF FUNDS TO TRIBES Pub. L. 105-83, title III, Sec. 311, Nov. 14, 1997, 111 Stat. 1590, provided that: "Notwithstanding Public Law 103-413 [see Short Title of 1994 Amendment note set out under section 450 of this title], quarterly payments of funds to tribes and tribal organizations under annual funding agreements pursuant to section 108 of Public Law 93-638 [25 U.S.C. 450l], as amended, beginning in fiscal year 1998 and therafter, [sic] may be made on the first business day following the first day of a fiscal quarter." Similar provisions were contained in the following prior appropriation acts: Pub. L. 104-208, div. A, title I, Sec. 101(d) [title III, Sec. 311], Sept. 30, 1996, 110 Stat. 3009-181, 3009-221. Pub. L. 104-134, title I, Sec. 101(c) [title III, Sec. 311], Apr. 26, 1996, 110 Stat. 1321-156, 1321-197; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327. -End- -CITE- 25 USC Sec. 450m 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450m. Rescission of contract or grant and assumption of control of program, etc.; authority; grounds; procedure; correction of violation as prerequisite to new contract or grant agreement; construction with occupational safety and health requirements -STATUTE- Each contract or grant agreement entered into pursuant to sections 450f, 450g, and 450h (!1) of this title shall provide that in any case where the appropriate Secretary determines that the tribal organization's performance under such contract or grant agreement involves (1) the violation of the rights or endangerment of the health, safety, or welfare of any persons; or (2) gross negligence or mismanagement in the handling or use of funds provided to the tribal organization pursuant to such contract or grant agreement, or in the management of trust fund, trust lands or interests in such lands pursuant to such contract or grant agreement, such Secretary may, under regulations prescribed by him and after providing notice and a hearing on the record to such tribal organization, rescind such contract or grant agreement, in whole or in part, and assume or resume control or operation of the program, activity, or service involved if he determines that the tribal organization has not taken corrective action as prescribed by the Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon written notice to a tribal organization, and the tribe served by the tribal organization, immediately rescind a contract or grant, in whole or in part, and resume control or operation of a program, activity, function, or service, if the Secretary finds that (i) there is an immediate threat of imminent harm to the safety of any person, or imminent substantial and irreparable harm to trust funds, trust lands, or interests in such lands, and (ii) such threat arises from the failure of the contractor to fulfill the requirements of the contract. In such cases, the Secretary shall provide the tribal organization with a hearing on the record within ten days or such later date as the tribal organization may approve. Such Secretary may decline to enter into a new contract or grant agreement and retain control of such program, activity, or service until such time as he is satisfied that the violations of rights or endangerment of health, safety, or welfare which necessitated the rescission has been corrected. In any hearing or appeal provided for under this section, the Secretary shall have the burden of proof to establish, by clearly demonstrating the validity of the grounds for rescinding, assuming, or reassuming the contract that is the subject of the hearing. Nothing in this section shall be construed as contravening the Occupational Safety and Health Act of 1970, as amended [29 U.S.C. 651 et seq.]. -SOURCE- (Pub. L. 93-638, title I, Sec. 109, Jan. 4, 1975, 88 Stat. 2212; Pub. L. 100-581, title II, Sec. 211, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101-301, Sec. 2(a)(10), May 24, 1990, 104 Stat. 207; Pub. L. 103-413, title I, Sec. 104(1), Oct. 25, 1994, 108 Stat. 4268.) -REFTEXT- REFERENCES IN TEXT Sections 450g and 450h of this title, referred to in text, was in the original "sections 103 and 104 of this Act", meaning sections 103 and 104 of Pub. L. 93-638, the Indian Self-Determination Act. Section 103(a) and (b) and the first sentence of section 103(c) of Pub. L. 93-638 were repealed, and the remainder of section 103(c) of Pub. L. 93-638 was redesignated as section 102(d) of Pub. L. 93- 638 (section 450f(d) of this title), by Pub. L. 100-472, title II, Sec. 201(b)(1), Oct. 5, 1988, 102 Stat. 2289. Sections 104 and 105 of Pub. L. 93-638 were renumbered as sections 103 and 104, respectively, of Pub. L. 93-638 by sections 202(a) and 203(a) of Pub. L. 100-472, and are classified to sections 450h and 450i, respectively, of this title. The Occupational Safety and Health Act of 1970, as amended, referred to in text, is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as amended, which is classified principally to chapter 15 (Sec. 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. -MISC1- AMENDMENTS 1994 - Pub. L. 103-413 inserted "or in the management of trust fund, trust lands or interests in such lands pursuant to such contract or grant agreement," after "pursuant to such contract or grant agreement," and ", in whole or in part," after "rescind such contract or grant agreement", substituted "action as prescribed by the Secretary to remedy the contract deficiency, except that the appropriate Secretary may, upon written notice to a tribal organization, and the tribe served by the tribal organization, immediately rescind a contract or grant, in whole or in part, and resume control or operation of a program, activity, function, or service, if the Secretary finds that (i) there is an immediate threat of imminent harm to the safety of any person, or imminent substantial and irreparable harm to trust funds, trust lands, or interests in such lands, and (ii) such threat arises from the failure of the contractor to fulfill the requirements of the contract. In such cases, the Secretary" for "action as prescribed by him: Provided, That the appropriate Secretary may, upon notice to a tribal organization, immediately rescind a contract or grant and resume control or operation of a program, activity, or service if he finds that there is an immediate threat to safety and, in such cases, he", struck out second period after "the tribal organization may approve", and inserted before last sentence "In any hearing or appeal provided for under this section, the Secretary shall have the burden of proof to establish, by clearly demonstrating the validity of the grounds for rescinding, assuming, or reassuming the contract that is the subject of the hearing." 1990 - Pub. L. 101-301 substituted "providing notice and a hearing" for "providing notice and hearing". 1988 - Pub. L. 100-581 inserted "on the record" after "providing notice and hearing". Pub. L. 100-581 which directed amendment of this section by substituting "in such cases, he shall provide the tribal organization with a hearing on the record within ten days or such later date as the tribal organization may approve." for "in such cases, he shall hold a hearing within ten days thereof" was executed by substituting the new language for "in such cases, he shall hold a hearing on such action within ten days thereof" to reflect the probable intent of Congress. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 450m-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450m-1. Contract disputes and claims -STATUTE- (a) Civil actions; concurrent jurisdiction; relief The United States district courts shall have original jurisdiction over any civil action or claim against the appropriate Secretary arising under this subchapter and, subject to the provisions of subsection (d) of this section and concurrent with the United States Court of Claims, over any civil action or claim against the Secretary for money damages arising under contracts authorized by this subchapter. In an action brought under this paragraph, the district courts may order appropriate relief including money damages, injunctive relief against any action by an officer of the United States or any agency thereof contrary to this subchapter or regulations promulgated thereunder, or mandamus to compel an officer or employee of the United States, or any agency thereof, to perform a duty provided under this subchapter or regulations promulgated hereunder (including immediate injunctive relief to reverse a declination finding under section 450f(a)(2) of this title or to compel the Secretary to award and fund an approved self-determination contract). (b) Revision of contracts The Secretary shall not revise or amend a self-determination contract with a tribal organization without the tribal organization's consent. (c) Application of laws to administrative appeals The Equal Access to Justice Act (Publc (!1) Law 96-481, Act of October 1,(!1) 1980; 92 (!1) Stat. 2325, as amended), section 504 of title 5, and section 2412 of title 28 shall apply to administrative appeals pending on or filed after October 5, 1988, by tribal organizations regarding self-determination contracts. (d) Application of chapter 71 of title 41 Chapter 71 of title 41 shall apply to self-determination contracts, except that all administrative appeals relating to such contracts shall be heard by the Interior Board of Contract Appeals established pursuant to section 8 of such Act (41 U.S.C. 607).(!2) (e) Application of subsection (d) Subsection (d) of this section shall apply to any case pending or commenced on or after March 17, 1986, before the Boards of Contract Appeals of the Department of the Interior or the Department of Health and Human Services (!2) except that in any such cases finally disposed of before October 5, 1988, the thirty-day period referred to in section 504(a)(2) of title 5 shall be deemed to commence on October 5, 1988. -SOURCE- (Pub. L. 93-638, title I, Sec. 110, as added Pub. L. 100-472, title II, Sec. 206(a), Oct. 5, 1988, 102 Stat. 2294; amended Pub. L. 100- 581, title II, Sec. 212, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101- 301, Secs. 1(a)(2), 2(b), May 24, 1990, 104 Stat. 206, 207; Pub. L. 103-413, title I, Sec. 104(2), (3), Oct. 25, 1994, 108 Stat. 4268.) -REFTEXT- REFERENCES IN TEXT The Equal Access to Justice Act, referred to in subsec. (c), is Pub. L. 96-481, title II, Oct. 21, 1980, 94 Stat. 2325. For complete classification of this Act to the Code, see Short Title note set out under section 504 of Title 5, Government Organization and Employees, and Tables. The Interior Board of Contract Appeals established pursuant to section 8 of such Act (41 U.S.C. 607), referred to in subsec. (d), terminated effective 1 year after Jan. 6, 2006, pursuant to section 847(g) of Pub. L. 109-163, set out as an Effective Date of 2006 Amendment note under section 5372a of Title 5, Government Organization and Employees. Any reference to such Board to be treated as referring to the Civilian Board of Contract Appeals pursuant to Pub. L. 109-163, div. A, title VIII, Sec. 847(e), Jan. 6, 2006, 119 Stat. 3394, formerly set out in a note under section 607 of former Title 41, Public Contracts. The Civilian Board of Contract Appeals was established by section 42 of Pub. L. 93-400 which was classified to section 438 of former Title 41 prior to being repealed and restated as section 7105(b) of Title 41, Public Contracts, by Pub. L. 111-350, Secs. 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. The Boards of Contract Appeals of the Department of the Interior or the Department of Health and Human Services, referred to in subsec. (e), terminated effective 1 year after Jan. 6, 2006, pursuant to section 847(g) of Pub. L. 109-163, set out as an Effective Date of 2006 Amendment note under section 5372a of Title 5, Government Organization and Employees. Any reference to such Boards to be treated as referring to the Civilian Board of Contract Appeals pursuant to Pub. L. 109-163, div. A, title VIII, Sec. 847(e), Jan. 6, 2006, 119 Stat. 3394, formerly set out in a note under section 607 of former Title 41, Public Contracts. The Civilian Board of Contract Appeals was established by section 42 of Pub. L. 93-400 which was classified to section 438 of former Title 41 prior to being repealed and restated as section 7105(b) of Title 41, Public Contracts, by Pub. L. 111-350, Secs. 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. October 5, 1988, referred to in subsec. (e), was in the original "the date of enactment of these amendments" and "the date of enactment of this subsection", meaning the date of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988, Pub. L. 100-472, which enacted this section. -COD- CODIFICATION In subsec. (d), "Chapter 71 of title 41" substituted for "The Contract Disputes Act (Public Law 95-563, Act of November 1, 1978; 92 Stat. 2383, as amended)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. -MISC1- PRIOR PROVISIONS A prior section 110 of Pub. L. 93-638 was renumbered section 111 by Pub. L. 100-472 and is classified to section 450n of this title. AMENDMENTS 1994 - Subsec. (a). Pub. L. 103-413, Sec. 104(2), inserted before period at end "(including immediate injunctive relief to reverse a declination finding under section 450f(a)(2) of this title or to compel the Secretary to award and fund an approved self- determination contract)". Subsec. (d). Pub. L. 103-413, Sec. 104(3), inserted before period at end ", except that all administrative appeals relating to such contracts shall be heard by the Interior Board of Contract Appeals established pursuant to section 8 of such Act (41 U.S.C. 607)". 1990 - Subsec. (a). Pub. L. 101-301, Sec. 1(a)(2), made technical correction to directory language of Pub. L. 100-581, Sec. 212(a). See 1988 Amendment note below. Subsec. (b). Pub. L. 101-301, Sec. 2(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Unless otherwise agreed to by the resolution of tribal organization, the Secretary shall not revise or amend a self-determination contract with such tribal organization." Subsec. (c). Pub. L. 101-301, Sec. 1(a)(2), made technical correction to directory language of Pub. L. 100-581, Sec. 212(c). See 1988 Amendment note below. 1988 - Subsec. (a). Pub. L. 100-581, Sec. 212(a), as amended by Pub. L. 101-301, Sec. 1(a)(2), substituted "over any civil action" for "over civil action" after "Court of Claims,". Subsec. (b). Pub. L. 100-581, Sec. 212(b), substituted "of tribal organization" for "of an Indian tribe" and "such tribal organization" for "such tribe". Subsec. (c). Pub. L. 100-581, Sec. 212(c), as amended by Pub. L. 101-301, Sec. 1(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Equal Access to Justice Act (Public Law 96-481, Act of October 1 [21], 1980; 94 Stat. 2325, as amended) shall apply to administrative appeals by tribal organizations regarding self-determination contracts." -FOOTNOTE- (!1) So in original. Probably should be "Public", "21,", and "94", respectively. (!2) See References in Text note below. -End- -CITE- 25 USC Sec. 450n 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part A - Indian Self-Determination -HEAD- Sec. 450n. Sovereign immunity and trusteeship rights unaffected -STATUTE- Nothing in this subchapter shall be construed as - (1) affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or (2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian people. -SOURCE- (Pub. L. 93-638, title I, Sec. 111, formerly Sec. 110, Jan. 4, 1975, 88 Stat. 2213; renumbered Sec. 111, Pub. L. 100-472, title II, Sec. 206(b), Oct. 5, 1988, 102 Stat. 2295.) -End- -CITE- 25 USC Part B - Contracts With States 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part B - Contracts With States -HEAD- PART B - CONTRACTS WITH STATES -COD- CODIFICATION This part, consisting of sections 451 to 457 of this title, which was previously set out as part of former subchapter III of this chapter, was not enacted as part of the Indian Self-Determination and Education Assistance Act which comprises this subchapter. -End- -CITE- 25 USC Sec. 451 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part B - Contracts With States -HEAD- Sec. 451. Donations for Indians; use of gifts; annual report to Congress -STATUTE- The Secretary of the Interior may accept donations of funds or other property for the advancement of the Indian race, and he may use the donated property in accordance with the terms of the donation in furtherance of any program authorized by other provision of law for the benefit of Indians. An annual report shall be made to the Congress on donations received and allocations made from such donations. This report shall include administrative costs and other pertinent data. -SOURCE- (Feb. 14, 1931, ch. 171, 46 Stat. 1106; Pub. L. 90-333, June 8, 1968, 82 Stat. 171.) -COD- CODIFICATION Section was not enacted as part of the Johnson-O'Malley Act which comprises this part, nor as part of the Indian Self-Determination and Education Assistance Act which comprises this subchapter. -MISC1- AMENDMENTS 1968 - Pub. L. 90-333 expanded area of permissible uses to which Secretary may put donated property by substituting provisions allowing inclusion of programs otherwise authorized by law intended to benefit Indians for provisions limiting permissible uses to programs otherwise authorized by law only if it could be shown that property would benefit a particular Indian institution or individual, and inserted provisions for an annual report to Congress on donations received and allocations made from such donations. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in this section relating to making an annual report to Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 113 of House Document No. 103-7. -End- -CITE- 25 USC Sec. 452 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part B - Contracts With States -HEAD- Sec. 452. Contracts for education, medical attention, relief and social welfare of Indians -STATUTE- The Secretary of the Interior is authorized, in his discretion, to enter into a contract or contracts with any State or Territory, or political subdivision thereof, or with any State university, college, or school, or with any appropriate State or private corporation, agency, or institution, for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory, through the agencies of the State or Territory or of the corporations and organizations hereinbefore named, and to expend under such contract or contracts, moneys appropriated by Congress for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory. -SOURCE- (Apr. 16, 1934, ch. 147, Sec. 1, 48 Stat. 596; June 4, 1936, ch. 490, Sec. 1, 49 Stat. 1458.) -MISC1- AMENDMENTS 1936 - Act June 4, 1936, substituted "with any State or Territory, or political subdivision thereof, or with any State university, college, or school, or with any appropriate State or private corporation, agency, or institution", "through the agencies of the State or Territory or of the corporations and organizations hereinbefore named,", and "such State or Territory" for "any State or Territory having legal authority so to do,", "through the qualified agencies of such State or Territory,", and "such State", respectively. SHORT TITLE Act April 16, 1934, ch. 147, 48 Stat. 596, which enacted sections 452 to 457 of this title, is popularly known as the "Johnson- O'Malley Act". DISTRIBUTION OF PUBLIC SCHOOL ASSISTANCE Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1795, provided that: "notwithstanding any other provision of law, the amounts available for assistance to public schools under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall be distributed on the basis of the formula recommended by the Assistant Secretary of Indian Affairs in a letter to the Committees on Appropriations dated June 27, 1988, except that for the fiscal year ending September 30, 1989, the minimum weight factor shall be 1.1 rather than 1.3 and for the fiscal year ending September 30, 1990, the minimum weight factor shall be 1.2 rather than 1.3". Similar provisions were contained in the following prior appropriation act: Pub. L. 100-202, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat. 1329-213, 1329-228. LIMITATION ON CONTRACT AUTHORITY Pub. L. 99-190, Sec. 101(d) [title I], Dec. 19, 1985, 99 Stat. 1224, 1235, provided that: "notwithstanding any law or regulation, in allocating funds for aid to public schools under the Act of April 16, 1934, as amended [sections 452 to 457 of this title], the Secretary shall enter into contracts only for the provision of supplementary educational services for Indian children". -End- -CITE- 25 USC Sec. 453 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part B - Contracts With States -HEAD- Sec. 453. Use of Government property by States and Territories -STATUTE- The Secretary of the Interior, in making any contract authorized by sections 452 to 457 of this title, may permit such contracting party to utilize, for the purposes of said sections, existing school buildings, hospitals, and other facilities, and all equipment therein or appertaining thereto, including livestock and other personal property owned by the Government, under such terms and conditions as may be agreed upon for their use and maintenance. -SOURCE- (Apr. 16, 1934, ch. 147, Sec. 2, 48 Stat. 596; June 4, 1936, ch. 490, Sec. 2, 49 Stat. 1459.) -MISC1- AMENDMENTS 1936 - Act June 4, 1936, substituted ", may permit such contracting party" for "with any State or Territory, may permit such State or Territory". -End- -CITE- 25 USC Sec. 454 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part B - Contracts With States -HEAD- Sec. 454. Rules and regulations; minimum standards of service -STATUTE- The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations, including minimum standards of service, as may be necessary and proper for the purpose of carrying the provisions of sections 452 to 457 of this title into effect: Provided, That such minimum standards of service are not less than the highest maintained by the States or Territories within which said contract or contracts, as herein provided, are to be effective. -SOURCE- (Apr. 16, 1934, ch. 147, Sec. 3, 48 Stat. 596; June 4, 1936, ch. 490, Sec. 3, 49 Stat. 1459.) -MISC1- AMENDMENTS 1936 - Act June 4, 1936, substituted "within which" for "with which". -End- -CITE- 25 USC Sec. 455 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part B - Contracts With States -HEAD- Sec. 455. Contracts for education in public schools; submission of education plan by contractor as prerequisite; criteria for approval of plan by Secretary of the Interior; participation by non-Indian students -STATUTE- The Secretary of the Interior shall not enter into any contract for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students. -SOURCE- (Apr. 16, 1934, ch. 147, Sec. 4, as added Pub. L. 93-638, title II, Sec. 202, Jan. 4, 1975, 88 Stat. 2213.) -MISC1- PRIOR PROVISIONS A prior section 4 of act Apr. 16, 1934, ch. 147, 48 Stat. 596; June 4, 1936, ch. 490, 49 Stat. 1458, directed Secretary of the Interior to report to Congress any contracts made under provisions of sections 452 to 454 of this title, prior to repeal by Pub. L. 86- 533, Sec. 1(15), June 29, 1960, 74 Stat. 248. -End- -CITE- 25 USC Sec. 456 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part B - Contracts With States -HEAD- Sec. 456. Local committee of Indian parents in school districts having school boards composed of non-Indian majority -STATUTE- (a) Election; functions Whenever a school district affected by a contract or contracts for the education of Indians pursuant to sections 452 to 457 of this title has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided, however, That, whenever a local Indian committee or committees established pursuant to section 7424(c)(4) of title 20 or an Indian advisory school board or boards established pursuant to sections 452 to 457 of this title prior to January 4, 1975, exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section. (b) Revocation of contracts The Secretary of the Interior may, in his discretion, revoke any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a) of this section. -SOURCE- (Apr. 16, 1934, ch. 147, Sec. 5, as added Pub. L. 93-638, title II, Sec. 202, Jan. 4, 1975, 88 Stat. 2213; amended Pub. L. 103-382, title III, Sec. 393(d), Oct. 20, 1994, 108 Stat. 4027; Pub. L. 107- 110, title VII, Sec. 702(e), Jan. 8, 2002, 115 Stat. 1947.) -MISC1- PRIOR PROVISIONS A prior section 5 of act Apr. 16, 1934, ch. 147, 48 Stat. 596, excluded Oklahoma from the application of contract provisions, and was omitted by act June 4, 1936, ch. 490, 49 Stat. 1458. AMENDMENTS 2002 - Subsec. (a). Pub. L. 107-110 substituted reference to section 7424(c)(4) of title 20 for reference to section 7814(c)(4) of title 20. 1994 - Subsec. (a). Pub. L. 103-382 substituted reference to section 7814(c)(4) of title 20 for reference to section 241dd(b)(2)(B)(ii) of title 20. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-110 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 an Effective Date note under section 6301 of Title 20, Education. -End- -CITE- 25 USC Sec. 457 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part B - Contracts With States -HEAD- Sec. 457. Reimbursement to school districts for educating non- resident students -STATUTE- Any school district educating Indian students who are members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students. -SOURCE- (Apr. 16, 1934, ch. 147, Sec. 6, as added Pub. L. 93-638, title II, Sec. 202, Jan. 4, 1975, 88 Stat. 2214.) -MISC1- INDIAN EDUCATIONAL REPORT; SUBMISSION TO CONGRESSIONAL COMMITTEES; TIME OF SUBMISSION; SCOPE AND CONTENT OF REPORT Section 203 of Pub. L. 93-638 provided for a report to be prepared and submitted not later than Oct. 1, 1975, by the Secretary of the Interior to the Committees on Interior and Insular Affairs of the United States Senate and the House of Representatives after conferring with persons competent in the field of Indian education and consulting with the Secretary of Health, Education, and Welfare. The report was to include analysis of the act of Apr. 16, 1934, and a specific program to meet the special educational needs of Indian children who attend public schools. -End- -CITE- 25 USC Part C - Indian Education Assistance 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part C - Indian Education Assistance -HEAD- PART C - INDIAN EDUCATION ASSISTANCE -End- -CITE- 25 USC Sec. 458 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part C - Indian Education Assistance -HEAD- Sec. 458. School construction, acquisition, or renovation contracts -STATUTE- (a) Authorization; prerequisites The Secretary is authorized to enter into a contract or contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands. (b) Eligibility requirements for assistance in federally-affected areas; applicability to projects in determining maximum amount, allocation, of funds, etc. The Secretary may expend not less than 75 per centum of such funds as are authorized and appropriated pursuant to this section on those projects which meet the eligibility requirements under subsections (a) and (b) of section 644 (!1) of title 20. Such funds shall be allocated on the basis of existing funding priorities, if any, established by the Secretary of Education under subsections (a) and (b) of section 644 (!1) of title 20. The Secretary of Education is directed to submit to the Secretary, at the beginning of each fiscal year, commencing with the first full fiscal year after January 4, 1975, a list of those projects eligible for funding under subsections (a) and (b) of section 644 (!1) of title 20. (c) Eligibility of private schools to receive funds; maximum amount The Secretary may expend not more than 25 per centum of such funds as may be authorized and appropriated pursuant to this section on any school eligible to receive funds under section 458d of this title. (d) Duties of State education agencies pursuant to contracts Any contract entered into by the Secretary pursuant to this section shall contain provisions requiring the relevant State educational agency to - (1) provide Indian students attending any such facilities constructed, acquired, or renovated, in whole or in part, from funds made available pursuant to this section with standards of education not less than those provided non-Indian students in the school district in which the facilities are situated; and (2) meet, with respect to such facilities, the requirements of the State and local building codes, and other building standards set by the State educational agency or school district for other public school facilities under its jurisdiction or control or by the local government in the jurisdiction within which the facilities are situated. (e) Advisory consultations by Secretary with affected entities and governing bodies prior to contracts; applicability The Secretary shall consult with the entity designated pursuant to section 456 of this title, and with the governing body of any Indian tribe or tribes the educational opportunity for the members of which will be significantly affected by any contract entered into pursuant to this section. Such consultation shall be advisory only, but shall occur prior to the entering into of any such contract. The foregoing provisions of this subsection shall not be applicable where the application for a contract pursuant to this section is submitted by an elected school board of which a majority of its members are Indians. (f) Evaluation and report to Congress of effectiveness of construction, etc., programs; scope and content of report Within ninety days following the expiration of the three year period following January 4, 1975, the Secretary shall evaluate the effectiveness of the program pursuant to this section and transmit a report of such evaluation to the Congress. Such report shall include - (1) an analysis of construction costs and the impact on such costs of the provisions of subsection (f) of this section and the Act of March 3, 1921 (46 Stat. 1491), as amended; (!1) (2) a description of the working relationship between the Department of the Interior and the Department of Education including any memorandum of understanding in connection with the acquisition of data pursuant to subsection (b) of this section; (3) projections of the Secretary of future construction needs of the public schools serving Indian children residing on or adjacent to Indian reservations; (4) a description of the working relationship of the Department of the Interior with local or State educational agencies in connection with the contracting for construction, acquisition, or renovation of school facilities pursuant to this section; and (5) the recommendations of the Secretary with respect to the transfer of the responsibility for administering subsections (a) and (b) of section 644 (!1) of title 20 from the Department of Education to the Department of the Interior. (g) Authorization of appropriations For the purpose of carrying out the provisions of this section, there is authorized to be appropriated the sum of $35,000,000 for the fiscal year ending June 30, 1974; $35,000,000 for each of the four succeeding fiscal years; and thereafter, such sums as may be necessary, all of such sums to remain available until expended. -SOURCE- (Pub. L. 93-638, title II, Sec. 204, Jan. 4, 1975, 88 Stat. 2214; Pub. L. 96-88, title III, Sec. 301, title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692.) -REFTEXT- REFERENCES IN TEXT Section 644 of title 20, referred to in subsecs. (b) and (f)(5), was repealed by Pub. L. 103-382, title III, Sec. 331(a), Oct. 20, 1994, 108 Stat. 3965. Act of March 3, 1921, referred to in subsec. (f)(1), probably means the act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, known as the Davis-Bacon Act, which was classified generally to sections 276a to 276a-5 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3141-3144, 3146, and 3147 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. -TRANS- TRANSFER OF FUNCTIONS "Secretary of Education" substituted for "United States Commissioner of Education" in subsec. (b), and "Department of Education" substituted for "Department of Health, Education, and Welfare" in subsec. (f)(2), (5), pursuant to sections 301 and 507 of Pub. L. 96-88, which is classified to sections 3441 and 3507 of Title 20, Education, and which transferred functions and offices (relating to education) of Commissioner of Education and Department of Health, Education, and Welfare to Secretary and Department of Education. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 458a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part C - Indian Education Assistance -HEAD- Sec. 458a. General education contract and grant provisions and requirements; school district quality and standards of excellence -STATUTE- No funds from any grant or contract pursuant to this part shall be made available to any school district unless the Secretary is satisfied that the quality and standard of education, including facilities and auxiliary services, for Indian students enrolled in the schools of such district are at least equal to that provided all other students from resources, other than resources provided in this part, available to the local school district. -SOURCE- (Pub. L. 93-638, title II, Sec. 205, Jan. 4, 1975, 88 Stat. 2216.) -REFTEXT- REFERENCES IN TEXT This part, referred to in text, was in the original "this title", meaning title II of Pub. L. 93-638, known as the Indian Education Assistance Act, which is classified principally to this part (Sec. 458 et seq.). For complete classification of title II to the Code, see Short Title note set out under section 450 of this title and Tables. -End- -CITE- 25 USC Sec. 458b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part C - Indian Education Assistance -HEAD- Sec. 458b. Availability of funds to agencies, institutions, and organizations -STATUTE- No funds from any contract or grant pursuant to this part shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and organizations: Provided, That school districts, State education agencies, and Indian tribes, institutions, and organizations assisted by this part may use funds provided herein to contract for necessary services with any appropriate individual, organization, or corporation. -SOURCE- (Pub. L. 93-638, title II, Sec. 206, Jan. 4, 1975, 88 Stat. 2216.) -End- -CITE- 25 USC Sec. 458c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part C - Indian Education Assistance -HEAD- Sec. 458c. Rules and regulations -STATUTE- (a) Prerequisites for promulgation (1) Within six months from January 4, 1975, the Secretary shall, to the extent practicable, consult with national and regional Indian organizations with experiences in Indian education to consider and formulate appropriate rules and regulations to implement the provisions of this part. (2) Within seven months from January 4, 1975, the Secretary shall present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives. (3) Within eight months from January 4, 1975, the Secretary shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties. (4) Within ten months from January 4, 1975, the Secretary shall promulgate rules and regulations to implement the provisions of this part. (b) Revision and amendment The Secretary is authorized to revise and amend any rules or regulations promulgated pursuant to subsection (a) of this section: Provided, That prior to any revision or amendment to such rules or regulations the Secretary shall, to the extent practicable, consult with appropriate national and regional Indian organizations, and shall publish any proposed revisions in the Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties. -SOURCE- (Pub. L. 93-638, title II, Sec. 207, Jan. 4, 1975, 88 Stat. 2216.) -CHANGE- CHANGE OF NAME Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4, Ninety-fifth Congress (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977. Section 105 of Senate Resolution No. 4 established a temporary Select Committee on Indian Affairs having jurisdiction over matters relating to Indian affairs (such matters previously having been within the jurisdiction of the Committee on Interior and Insular Affairs). Senate Resolution No. 127, June 6, 1984, Ninety-eighth Congress, established the Select Committee on Indian Affairs as a permanent committee of the Senate, and section 25 of Senate Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress, redesignated the Select Committee on Indian Affairs as the Committee on Indian Affairs. 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. -End- -CITE- 25 USC Sec. 458d 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part C - Indian Education Assistance -HEAD- Sec. 458d. Eligibility for funds of tribe or tribal organization controlling or managing private schools -STATUTE- The Secretary is authorized and directed to provide funds, pursuant to this subchapter; the the (!1) Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 452 et seq.]; or any other authority granted to him to any tribe or tribal organization which controls and manages any previously private school. -SOURCE- (Pub. L. 93-638, title II, Sec. 208, Jan. 4, 1975, 88 Stat. 2216; Pub. L. 97-375, title I, Sec. 108(d), Dec. 21, 1982, 96 Stat. 1820.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in text, was in the original "this Act", meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this subchapter (Sec. 450 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson- O'Malley Act, which is classified generally to section 452 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables. -MISC1- AMENDMENTS 1982 - Pub. L. 97-375 struck out provisions relating to annual reporting requirements of Secretary to Congressional committees respecting educational assistance program conducted pursuant to this section. -FOOTNOTE- (!1) So in original. -End- -CITE- 25 USC Sec. 458e 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part C - Indian Education Assistance -HEAD- Sec. 458e. Supplemental assistance to funds provided to local educational agencies -STATUTE- The assistance provided in this subchapter for the education of Indians in the public schools of any State is in addition and supplemental to assistance provided under title IX of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801 et seq.]. -SOURCE- (Pub. L. 93-638, title II, Sec. 209, Jan. 4, 1975, 88 Stat. 2217; Pub. L. 103-382, title III, Sec. 393(c), Oct. 20, 1994, 108 Stat. 4027.) -REFTEXT- REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in text, is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as amended. Title IX of the Act is classified generally to subchapter IX (Sec. 7801 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables. -MISC1- AMENDMENTS 1994 - Pub. L. 103-382 substituted "title IX of the Elementary and Secondary Education Act of 1965" for "title IV of the Act of June 23, 1972 (86 Stat. 235)". -End- -CITE- 25 USC Part D - Tribal Self-Governance - Department of the Interior 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part D - Tribal Self-Governance - Department of the Interior -HEAD- PART D - TRIBAL SELF-GOVERNANCE - DEPARTMENT OF THE INTERIOR -End- -CITE- 25 USC Sec. 458aa 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part D - Tribal Self-Governance - Department of the Interior -HEAD- Sec. 458aa. Establishment -STATUTE- The Secretary of the Interior (hereinafter in this part referred to as the "Secretary") shall establish and carry out a program within the Department of the Interior to be known as Tribal Self- Governance (hereinafter in this part referred to as "Self- Governance") in accordance with this part. -SOURCE- (Pub. L. 93-638, title IV, Sec. 401, as added Pub. L. 103-413, title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4271.) -MISC1- SHORT TITLE For short title of title II of Pub. L. 103-413, which enacted this part, as the "Tribal Self-Governance Act of 1994", see section 201 of Pub. L. 103-413, set out as a Short Title of 1994 Amendment note under section 450 of this title. CONGRESSIONAL STATEMENT OF FINDINGS Section 202 of Pub. L. 103-413 provided that: "Congress finds that - "(1) the tribal right of self-government flows from the inherent sovereignty of Indian tribes and nations; "(2) the United States recognizes a special government-to- government relationship with Indian tribes, including the right of the tribes to self-governance, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes; "(3) although progress has been made, the Federal bureaucracy, with its centralized rules and regulations, has eroded tribal self-governance and dominates tribal affairs; "(4) the Tribal Self-Governance Demonstration Project [established by title III of Pub. L. 93-638, formerly set out as a note under 25 U.S.C. 450f] was designed to improve and perpetuate the government-to-government relationship between Indian tribes and the United States and to strengthen tribal control over Federal funding and program management; and "(5) Congress has reviewed the results of the Tribal Self- Governance Demonstration Project and finds that - "(A) transferring control to tribal governments, upon tribal request, over funding and decisionmaking for Federal programs, services, functions, and activities, or portions thereof, is an effective way to implement the Federal policy of government-to- government relations with Indian tribes; and "(B) transferring control to tribal governments, upon tribal request, over funding and decisionmaking for Federal programs, services, functions, and activities strengthens the Federal policy of Indian self-determination." CONGRESSIONAL DECLARATION OF POLICY Section 203 of title II of Pub. L. 103-413 provided that: "It is the policy of this title [enacting this part] to permanently establish and implement tribal self-governance - "(1) to enable the United States to maintain and improve its unique and continuing relationship with, and responsibility to, Indian tribes; "(2) to permit each Indian tribe to choose the extent of the participation of such tribe in self-governance; "(3) to coexist with the provisions of the Indian Self- Determination Act [title I of Pub. L. 93-638, see Short Title note set out under section 450 of this title] relating to the provision of Indian services by designated Federal agencies; "(4) to ensure the continuation of the trust responsibility of the United States to Indian tribes and Indian individuals; "(5) to permit an orderly transition from Federal domination of programs and services to provide Indian tribes with meaningful authority to plan, conduct, redesign, and administer programs, services, functions, and activities that meet the needs of the individual tribal communities; and "(6) to provide for an orderly transition through a planned and measurable parallel reduction in the Federal bureaucracy." -End- -CITE- 25 USC Sec. 458bb 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part D - Tribal Self-Governance - Department of the Interior -HEAD- Sec. 458bb. Selection of participating Indian tribes -STATUTE- (a) Continuing participation Each Indian tribe that is participating in the Tribal Self- Governance Demonstration Project at the Department of the Interior under title III (!1) on October 25, 1994, shall thereafter participate in Self-Governance under this part and cease participation in the Tribal Self-Governance Demonstration Project under title III (!1) with respect to the Department of the Interior. (b) Additional participants (1) In addition to those Indian tribes participating in self- governance under subsection (a) of this section, the Secretary, acting through the Director of the Office of Self-Governance, may select up to 50 new tribes per year from the applicant pool described in subsection (c) of this section to participate in self- governance. (2) If each tribe requests, two or more otherwise eligible Indian tribes may be treated as a single Indian tribe for the purpose of participating in Self-Governance as a consortium. (c) Applicant pool The qualified applicant pool for Self-Governance shall consist of each tribe that - (1) successfully completes the planning phase described in subsection (d) of this section; (2) has requested participation in Self-Governance by resolution or other official action by the tribal governing body; and (3) has demonstrated, for the previous three fiscal years, financial stability and financial management capability as evidenced by the tribe having no material audit exceptions in the required annual audit of the self-determination contracts of the tribe. (d) Planning phase Each Indian tribe seeking to begin participation in Self- Governance shall complete a planning phase in accordance with this subsection. The tribe shall be eligible for a grant to plan and negotiate participation in Self-Governance. The planning phase shall include - (1) legal and budgetary research; and (2) internal tribal government planning and organizational preparation. -SOURCE- (Pub. L. 93-638, title IV, Sec. 402, as added Pub. L. 103-413, title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4272; amended Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I, Sec. 117], Sept. 30, 1996, 110 Stat. 3009-181, 3009-201.) -REFTEXT- REFERENCES IN TEXT Title III, referred to in subsec. (a), means title III of Pub. L. 93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5, 1988, 102 Stat. 2296, and amended, which was set out as a note under section 450f of this title prior to repeal by Pub. L. 106- 260, Sec. 10, Aug. 18, 2000, 114 Stat. 734. -MISC1- AMENDMENTS 1996 - Subsec. (b)(1). Pub. L. 104-208 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "In addition to those Indian tribes participating in Self-Governance under subsection (a) of this section, the Secretary, acting through the Director of the Office of Self-Governance, may select up to 20 new tribes per year from the applicant pool described in subsection (c) of this section to participate in Self-Governance." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 458cc 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part D - Tribal Self-Governance - Department of the Interior -HEAD- Sec. 458cc. Funding agreements -STATUTE- (a) Authorization The Secretary shall negotiate and enter into an annual written funding agreement with the governing body of each participating tribal government in a manner consistent with the Federal Government's laws and trust relationship to and responsibility for the Indian people. (b) Contents Each funding agreement shall - (1) authorize the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof, administered by the Department of the Interior through the Bureau of Indian Affairs, without regard to the agency or office of the Bureau of Indian Affairs within which the program, service, function, and activity, or portion thereof, is performed, including funding for agency, area, and central office functions in accordance with subsection (g)(3) of this section, and including any program, service, function, and activity, or portion thereof, administered under the authority of - (A) the Act of April 16, 1934 (25 U.S.C. 452 et seq.); (B) section 13 of this title; and (C) programs, services, functions, and activities or portions thereof administered by the Secretary of the Interior that are otherwise available to Indian tribes or Indians for which appropriations are made to agencies other than the Department of the Interior; (2) subject to such terms as may be negotiated, authorize the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof, administered by the Department of the Interior, other than through the Bureau of Indian Affairs, that are otherwise available to Indian tribes or Indians, as identified in section 458ee(c) of this title, except that nothing in this subsection may be construed to provide any tribe with a preference with respect to the opportunity of the tribe to administer programs, services, functions, and activities, or portions thereof, unless such preference is otherwise provided for by law; (3) subject to the terms of the agreement, authorize the tribe to redesign or consolidate programs, services, functions, and activities, or portions thereof, and reallocate funds for such programs, services, functions, and activities, or portions thereof, except that, with respect to the reallocation, consolidation, and redesign of programs described in paragraph (2), a joint agreement between the Secretary and the tribe shall be required; (4) prohibit the inclusion of funds provided - (A) pursuant to the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.); (B) for elementary and secondary schools under the formula developed pursuant to section 2008 of this title; and (C) the Flathead Agency Irrigation Division or the Flathead Agency Power Division, except that nothing in this section shall affect the contract authority of such divisions under section 450f of this title; (5) specify the services to be provided, the functions to be performed, and the responsibilities of the tribe and the Secretary pursuant to the agreement; (6) authorize the tribe and the Secretary to reallocate funds or modify budget allocations within any year, and specify the procedures to be used; (7) allow for retrocession of programs or portions of programs pursuant to section 450j(e) of this title; (8) provide that, for the year for which, and to the extent to which, funding is provided to a tribe under this section, the tribe - (A) shall not be entitled to contract with the Secretary for such funds under section 450f of this title, except that such tribe shall be eligible for new programs on the same basis as other tribes; and (B) shall be responsible for the administration of programs, services, functions, and activities pursuant to agreements entered into under this section; and (9) prohibit the Secretary from waiving, modifying, or diminishing in any way the trust responsibility of the United States with respect to Indian tribes and individual Indians that exists under treaties, Executive orders, and other laws. (c) Additional activities Each funding agreement negotiated pursuant to subsections (a) and (b) of this section may, in accordance to such additional terms as the parties deem appropriate, also include other programs, services, functions, and activities, or portions thereof, administered by the Secretary of the Interior which are of special geographic, historical, or cultural significance to the participating Indian tribe requesting a compact. (d) Provisions relating to Secretary Funding agreements negotiated between the Secretary and an Indian tribe shall include provisions - (1) to monitor the performance of trust functions by the tribe through the annual trust evaluation, and (2) for the Secretary to reassume a program, service, function, or activity, or portions thereof, if there is a finding of imminent jeopardy to a physical trust asset, natural resources, or public health and safety. (e) Construction projects (1) Regarding construction programs or projects, the Secretary and Indian tribes may negotiate for the inclusion of specific provisions of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 and Federal acquisition regulations in any funding agreement entered into under this subchapter. Absent a negotiated agreement, such provisions and regulatory requirements shall not apply. (2) In all construction projects performed pursuant to this part, the Secretary shall ensure that proper health and safety standards are provided for in the funding agreements. (f) Submission for review Not later than 90 days before the proposed effective date of an agreement entered into under this section, the Secretary shall submit a copy of such agreement to - (1) each Indian tribe that is served by the Agency that is serving the tribe that is a party to the funding agreement; (2) the Committee on Indian Affairs of the Senate; and (3) the Subcommittee on Native American Affairs of the Committee on Natural Resources of the House of Representatives. (g) Payment (1) At the request of the governing body of the tribe and under the terms of an agreement entered into under this section, the Secretary shall provide funding to the tribe to carry out the agreement. (2) The funding agreements authorized by this part and title III of this Act shall provide for advance payments to the tribes in the form of annual or semi-annual installments at the discretion of the tribes. (3) Subject to paragraph (4) of this subsection and paragraphs (1) through (3) of subsection (b) of this section, the Secretary shall provide funds to the tribe under an agreement under this part for programs, services, functions, and activities, or portions thereof, in an amount equal to the amount that the tribe would have been eligible to receive under contracts and grants under this subchapter, including amounts for direct program and contract support costs and, in addition, any funds that are specifically or functionally related to the provision by the Secretary of services and benefits to the tribe or its members, without regard to the organization level within the Department where such functions are carried out. (4) Funds for trust services to individual Indians shall be available under an agreement entered into under this section only to the extent that the same services that would have been provided by the Secretary are provided to individual Indians by the tribe. (h) Civil actions (1) Except as provided in paragraph (2), for the purposes of section 450m-1 of this title, the term "contract" shall include agreements entered into under this part. (2) For the period that an agreement entered into under this part is in effect, the provisions of section 81 of this title, section 476 of this title, and the Act of July 3, 1952 (25 U.S.C. 82a), shall not apply to attorney and other professional contracts by Indian tribal governments participating in Self-Governance under this part. (i) Facilitation (1) Except as otherwise provided by law, the Secretary shall interpret each Federal law and regulation in a manner that will facilitate - (A) the inclusion of programs, services, functions, and activities in the agreements entered into under this section; and (B) the implementation of agreements entered into under this section. (2)(A) A tribe may submit a written request for a waiver to the Secretary identifying the regulation sought to be waived and the basis for the request. (B) Not later than 60 days after receipt by the Secretary of a written request by a tribe to waive application of a Federal regulation for an agreement entered into under this section, the Secretary shall either approve or deny the requested waiver in writing to the tribe. A denial may be made only upon a specific finding by the Secretary that identified language in the regulation may not be waived because such waiver is prohibited by Federal law. The Secretary's decision shall be final for the Department. (j) Funds All funds provided under funding agreements entered into pursuant to this subchapter, and all funds provided under contracts or grants made pursuant to this subchapter, shall be treated as non- Federal funds for purposes of meeting matching requirements under any other Federal law. (k) Disclaimer Nothing in this section is intended or shall be construed to expand or alter existing statutory authorities in the Secretary so as to authorize the Secretary to enter into any agreement under subsection (b)(2) of this section and section 458ee(c)(1) of this title with respect to functions that are inherently Federal or where the statute establishing the existing program does not authorize the type of participation sought by the tribe: Provided, however an Indian tribe or tribes need not be identified in the authorizing statute in order for a program or element of a program to be included in a compact under subsection (b)(2) of this section. (l) Incorporate self-determination provisions At the option of a participating tribe or tribes, any or all provisions of part A of this subchapter shall be made part of an agreement entered into under title III of this Act or this part. The Secretary is obligated to include such provisions at the option of the participating tribe or tribes. If such provision is incorporated it shall have the same force and effect as if set out in full in title III or this part. -SOURCE- (Pub. L. 93-638, title IV, Sec. 403, as added Pub. L. 103-413, title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4272; amended Pub. L. 104-109, Sec. 19, Feb. 12, 1996, 110 Stat. 766; Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 106- 568, title VIII, Sec. 812(b), Dec. 27, 2000, 114 Stat. 2917; Pub. L. 110-315, title IX, Sec. 941(k)(2)(H), Aug. 14, 2008, 122 Stat. 3467.) -REFTEXT- REFERENCES IN TEXT Act of April 16, 1934, referred to in subsec. (b)(1)(A), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the Johnson-O'Malley Act, which is classified generally to section 452 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables. The Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in subsec. (b)(4)(A), is Pub. L. 95-471, Oct. 17, 1978, 92 Stat. 1325, which is classified principally to chapter 20 (Sec. 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. This subchapter, referred to in subsecs. (e)(1), (g)(3), and (j), was in the original "this Act", meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this subchapter (Sec. 450 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. Title III of this Act, referred to in subsecs. (g)(2) and (l), is title III of Pub. L. 93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5, 1988, 102 Stat. 2296, which was set out as a note under section 450f of this title prior to repeal by Pub. L. 106- 260, Sec. 10, Aug. 18, 2000, 114 Stat. 734. The Act of July 3, 1952, referred to in subsec. (h)(2), is act July 3, 1952, ch. 549, 66 Stat. 323, which enacted section 82a of this title and provisions set out as a note under section 82a of this title. Part A of this subchapter, referred to in subsec. (l), was in the original "title I of this Act", meaning title I of Pub. L. 93-638, known as the Indian Self-Determination Act, which is classified principally to part A (Sec. 450f et seq.) of this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 450 of this title and Tables. -COD- CODIFICATION In subsec. (e)(1), "division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41" substituted for "the Office of Federal Procurement and Policy Act" on authority of Pub. L. 111- 350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. -MISC1- AMENDMENTS 2008 - Subsec. (b)(4)(A). Pub. L. 110-315 substituted "the Tribally Controlled Colleges and Universities Assistance Act of 1978" for "the Tribally Controlled College or University Assistance Act of 1978". 2000 - Subsec. (h)(2). Pub. L. 106-568 struck out "and" before "section 476 of this title" and substituted "and the Act of July 3, 1952 (25 U.S.C. 82a), shall not apply" for "shall not apply". 1998 - Subsec. (b)(4)(A). Pub. L. 105-244 substituted "Tribally Controlled College or University Assistance Act of 1978" for "Tribally Controlled Community College Assistance Act of 1978". 1996 - Subsec. (l). Pub. L. 104-109 added subsec. (l). EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105- 244, set out as a note under section 1001 of Title 20, Education. -End- -CITE- 25 USC Sec. 458dd 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part D - Tribal Self-Governance - Department of the Interior -HEAD- Sec. 458dd. Budget request -STATUTE- The Secretary shall identify, in the annual budget request of the President to the Congress under section 1105 of title 31 any funds proposed to be included in agreements authorized under this part. -SOURCE- (Pub. L. 93-638, title IV, Sec. 404, as added Pub. L. 103-413, title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4275.) -End- -CITE- 25 USC Sec. 458ee 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part D - Tribal Self-Governance - Department of the Interior -HEAD- Sec. 458ee. Reports -STATUTE- (a) Requirement The Secretary shall submit to Congress a written report on January 1 of each year following October 25, 1994, regarding the administration of this part. (b) Contents The report shall - (1) identify the relative costs and benefits of Self- Governance; (2) identify, with particularity, all funds that are specifically or functionally related to the provision by the Secretary of services and benefits to Self-Governance tribes and their members; (3) identify the funds transferred to each Self-Governance tribe and the corresponding reduction in the Federal bureaucracy; (4) include the separate views of the tribes; and (5) include the funding formula for individual tribal shares of Central Office funds, together with the comments of affected Indian tribes, developed under subsection (d) of this section. (c) Report on non-BIA programs (1) In order to optimize opportunities for including non-Bureau of Indian Affairs programs, services, functions, and activities, or portions thereof, in agreements with tribes participating in Self- Governance under this part, the Secretary shall - (A) review all programs, services, functions, and activities, or portions thereof, administered by the Department of the Interior, other than through the Bureau of Indian Affairs, without regard to the agency or office concerned; and (B) not later than 90 days after October 25, 1994, provide to the appropriate committees of Congress a listing of all such programs, services, functions, and activities, or portions thereof, that the Secretary determines, with the concurrence of tribes participating in Self-Governance under this part, are eligible for inclusion in such agreements at the request of a participating Indian tribe. (2) The Secretary shall establish programmatic targets, after consultation with tribes participating in Self-Governance under this part, to encourage bureaus of the Department to assure that a significant portion of such programs, services, functions, and activities are actually included in the agreements negotiated under section 458cc of this title. (3) The listing and targets under paragraphs (1) and (2) shall be published in the Federal Register and be made available to any Indian tribe participating in Self-Governance under this part. The list shall be published before January 1, 1995, and annually thereafter by January 1 preceding the fiscal year in which the targets are to be met. (4) Thereafter, the Secretary shall annually review and publish in the Federal Register, after consultation with tribes participating in Self-Governance under this part, a revised listing and programmatic targets. (d) Report on Central Office funds Within 90 days after October 25, 1994, the Secretary shall, in consultation with Indian tribes, develop a funding formula to determine the individual tribal share of funds controlled by the Central Office of the Bureau of Indian Affairs for inclusion in the Self-Governance compacts. The Secretary shall include such formula in the annual report submitted to the Congress under subsection (b) of this section, together with the views of the affected Indian tribes. -SOURCE- (Pub. L. 93-638, title IV, Sec. 405, as added Pub. L. 103-413, title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4276.) -End- -CITE- 25 USC Sec. 458ff 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part D - Tribal Self-Governance - Department of the Interior -HEAD- Sec. 458ff. Disclaimers -STATUTE- (a) Other services, contracts, and funds Nothing in this part shall be construed to limit or reduce in any way the services, contracts, or funds that any other Indian tribe or tribal organization is eligible to receive under section 450f of this title or any other applicable Federal law. (b) Federal trust responsibilities Nothing in this subchapter shall be construed to diminish the Federal trust responsibility to Indian tribes, individual Indians, or Indians with trust allotments. (c) Application of other sections of subchapter All provisions of sections 450c(d), 450d, 450f(c), 450i, 450j(f), 450m-1, and 450n of this title shall apply to agreements provided under this part. -SOURCE- (Pub. L. 93-638, title IV, Sec. 406, as added Pub. L. 103-413, title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4277; amended Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 133], Oct. 21, 1998, 112 Stat. 2681-231, 2681-264.) -MISC1- AMENDMENTS 1998 - Subsec. (c). Pub. L. 105-277 inserted "450c(d)," after "sections". -End- -CITE- 25 USC Sec. 458gg 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part D - Tribal Self-Governance - Department of the Interior -HEAD- Sec. 458gg. Regulations -STATUTE- (a) In general Not later than 90 days after October 25, 1994, at the request of a majority of the Indian tribes with agreements under this part, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this part. (b) Committee A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this section shall have as its members only Federal and tribal government representatives, a majority of whom shall be representatives of Indian tribes with agreements under this part. (c) Adaptation of procedures The Secretary shall adapt the negotiated rulemaking procedures to the unique context of Self-Governance and the government-to- government relationship between the United States and the Indian tribes. (d) Effect The lack of promulgated regulations shall not limit the effect of this part. -SOURCE- (Pub. L. 93-638, title IV, Sec. 407, as added Pub. L. 103-413, title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4277.) -End- -CITE- 25 USC Sec. 458hh 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part D - Tribal Self-Governance - Department of the Interior -HEAD- Sec. 458hh. Authorization of appropriations -STATUTE- There are authorized to be appropriated such sums as may be necessary to carry out this part. -SOURCE- (Pub. L. 93-638, title IV, Sec. 408, as added Pub. L. 103-413, title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4278.) -End- -CITE- 25 USC Part E - Tribal Self-Governance - Indian Health Service 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- PART E - TRIBAL SELF-GOVERNANCE - INDIAN HEALTH SERVICE -COD- CODIFICATION This part is comprised of title V of Pub. L. 93-638, as added by Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 712. A former title V of Pub. L. 93-638 was added by Pub. L. 106-568, title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2936, was redesignated title VIII, and is classified to part H (Sec. 458ddd et seq.) of this subchapter. -End- -CITE- 25 USC Sec. 458aaa 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa. Definitions -STATUTE- (a) In general In this part: (1) Construction project The term "construction project" - (A) means an organized noncontinuous undertaking to complete a specific set of predetermined objectives for the planning, environmental determination, design, construction, repair, improvement, or expansion of buildings or facilities, as described in a construction project agreement; and (B) does not include construction program administration and activities described in paragraphs (1) through (3) of section 450b(m) of this title, that may otherwise be included in a funding agreement under this part. (2) Construction project agreement The term "construction project agreement" means a negotiated agreement between the Secretary and an Indian tribe, that at a minimum - (A) establishes project phase start and completion dates; (B) defines a specific scope of work and standards by which it will be accomplished; (C) identifies the responsibilities of the Indian tribe and the Secretary; (D) addresses environmental considerations; (E) identifies the owner and operations and maintenance entity of the proposed work; (F) provides a budget; (G) provides a payment process; and (H) establishes the duration of the agreement based on the time necessary to complete the specified scope of work, which may be 1 or more years. (3) Gross mismanagement The term "gross mismanagement" means a significant, clear, and convincing violation of a compact, funding agreement, or regulatory, or statutory requirements applicable to Federal funds transferred to an Indian tribe by a compact or funding agreement that results in a significant reduction of funds available for the programs, services, functions, or activities (or portions thereof) assumed by an Indian tribe. (4) Inherent Federal functions The term "inherent Federal functions" means those Federal functions which cannot legally be delegated to Indian tribes. (5) Inter-tribal consortium The term "inter-tribal consortium" means a coalition of two (!1) more separate Indian tribes that join together for the purpose of participating in self-governance, including tribal organizations. (6) Secretary The term "Secretary" means the Secretary of Health and Human Services. (7) Self-governance The term "self-governance" means the program of self-governance established under section 458aaa-1 of this title. (8) Tribal share The term "tribal share" means an Indian tribe's portion of all funds and resources that support secretarial programs, services, functions, and activities (or portions thereof) that are not required by the Secretary for performance of inherent Federal functions. (b) Indian tribe In any case in which an Indian tribe has authorized another Indian tribe, an inter-tribal consortium, or a tribal organization to plan for or carry out programs, services, functions, or activities (or portions thereof) on its behalf under this part, the authorized Indian tribe, inter-tribal consortium, or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this part). In such event, the term "Indian tribe" as used in this part shall include such other authorized Indian tribe, inter-tribal consortium, or tribal organization. -SOURCE- (Pub. L. 93-638, title V, Sec. 501, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 712.) -COD- CODIFICATION Another section 501 of Pub. L. 93-638 was renumbered section 801 and is classified to section 458ddd of this title. -MISC1- EFFECTIVE DATE Pub. L. 106-260, Sec. 13, Aug. 18, 2000, 114 Stat. 734, provided that: "Except as otherwise provided, the provisions of this Act [enacting this part, amending sections 450f, 450j, and 450j-1 of this title, enacting provisions set out as notes under this section and sections 450 and 450f of this title, and repealing provisions set out as a note under section 450f of this title] shall take effect on the date of the enactment of this Act [Aug. 18, 2000]." FINDINGS Pub. L. 106-260, Sec. 2, Aug. 18, 2000, 114 Stat. 711, provided that: "Congress finds that - "(1) the tribal right of self-government flows from the inherent sovereignty of Indian tribes and nations; "(2) the United States recognizes a special government-to- government relationship with Indian tribes, including the right of the Indian tribes to self-governance, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes; "(3) although progress has been made, the Federal bureaucracy, with its centralized rules and regulations, has eroded tribal self-governance and dominates tribal affairs; "(4) the Tribal Self-Governance Demonstration Project, established under title III of the Indian Self-Determination and Education Assistance Act ([Pub. L. 93-638, former] 25 U.S.C. 450f note) was designed to improve and perpetuate the government-to- government relationship between Indian tribes and the United States and to strengthen tribal control over Federal funding and program management; "(5) although the Federal Government has made considerable strides in improving Indian health care, it has failed to fully meet its trust responsibilities and to satisfy its obligations to the Indian tribes under treaties and other laws; and "(6) Congress has reviewed the results of the Tribal Self- Governance Demonstration Project and finds that transferring full control and funding to tribal governments, upon tribal request, over decision making for Federal programs, services, functions, and activities (or portions thereof) - "(A) is an appropriate and effective means of implementing the Federal policy of government-to-government relations with Indian tribes; and "(B) strengthens the Federal policy of Indian self- determination." DECLARATION OF POLICY Pub. L. 106-260, Sec. 3, Aug. 18, 2000, 114 Stat. 712, provided that: "It is the policy of Congress - "(1) to permanently establish and implement tribal self- governance within the Department of Health and Human Services; "(2) to call for full cooperation from the Department of Health and Human Services and its constituent agencies in the implementation of tribal self-governance - "(A) to enable the United States to maintain and improve its unique and continuing relationship with, and responsibility to, Indian tribes; "(B) to permit each Indian tribe to choose the extent of its participation in self-governance in accordance with the provisions of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] relating to the provision of Federal services to Indian tribes; "(C) to ensure the continuation of the trust responsibility of the United States to Indian tribes and Indian individuals; "(D) to affirm and enable the United States to fulfill its obligations to the Indian tribes under treaties and other laws; "(E) to strengthen the government-to-government relationship between the United States and Indian tribes through direct and meaningful consultation with all tribes; "(F) to permit an orderly transition from Federal domination of programs and services to provide Indian tribes with meaningful authority, control, funding, and discretion to plan, conduct, redesign, and administer programs, services, functions, and activities (or portions thereof) that meet the needs of the individual tribal communities; "(G) to provide for a measurable parallel reduction in the Federal bureaucracy as programs, services, functions, and activities (or portion thereof) are assumed by Indian tribes; "(H) to encourage the Secretary to identify all programs, services, functions, and activities (or portions thereof) of the Department of Health and Human Services that may be managed by an Indian tribe under this Act [see Short Title of 2000 Amendments note set out under section 450 of this title] and to assist Indian tribes in assuming responsibility for such programs, services, functions, and activities (or portions thereof); and "(I) to provide Indian tribes with the earliest opportunity to administer programs, services, functions, and activities (or portions thereof) from throughout the Department of Health and Human Services." -FOOTNOTE- (!1) So in original. Probably should be followed by "or". -End- -CITE- 25 USC Sec. 458aaa-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-1. Establishment -STATUTE- The Secretary shall establish and carry out a program within the Indian Health Service of the Department of Health and Human Services to be known as the "Tribal Self-Governance Program" in accordance with this part. -SOURCE- (Pub. L. 93-638, title V, Sec. 502, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 714.) -COD- CODIFICATION Another section 502 of Pub. L. 93-638 was renumbered section 802 and is classified to section 458ddd-1 of this title. -End- -CITE- 25 USC Sec. 458aaa-2 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-2. Selection of participating Indian tribes -STATUTE- (a) Continuing participation Each Indian tribe that is participating in the Tribal Self- Governance Demonstration Project under title III (!1) on August 18, 2000, may elect to participate in self-governance under this part under existing authority as reflected in tribal resolution. (b) Additional participants (1) In general In addition to those Indian tribes participating in self- governance under subsection (a) of this section, each year an additional 50 Indian tribes that meet the eligibility criteria specified in subsection (c) of this section shall be entitled to participate in self-governance. (2) Treatment of certain Indian tribes (A) In general An Indian tribe that has withdrawn from participation in an inter-tribal consortium or tribal organization, in whole or in part, shall be entitled to participate in self-governance provided the Indian tribe meets the eligibility criteria specified in subsection (c) of this section. (B) Effect of withdrawal If an Indian tribe has withdrawn from participation in an inter-tribal consortium or tribal organization, that Indian tribe shall be entitled to its tribal share of funds supporting those programs, services, functions, and activities (or portions thereof) that the Indian tribe will be carrying out under the compact and funding agreement of the Indian tribe. (C) Participation in self-governance In no event shall the withdrawal of an Indian tribe from an inter-tribal consortium or tribal organization affect the eligibility of the inter-tribal consortium or tribal organization to participate in self-governance. (c) Applicant pool (1) In general The qualified applicant pool for self-governance shall consist of each Indian tribe that - (A) successfully completes the planning phase described in subsection (d) of this section; (B) has requested participation in self-governance by resolution or other official action by the governing body of each Indian tribe to be served; and (C) has demonstrated, for 3 fiscal years, financial stability and financial management capability. (2) Criteria for determining financial stability and financial management capacity For purposes of this subsection, evidence that, during the 3- year period referred to in paragraph (1)(C), an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe's self-determination contracts or self-governance funding agreements with any Federal agency shall be conclusive evidence of the required stability and capability. (d) Planning phase Each Indian tribe seeking participation in self-governance shall complete a planning phase. The planning phase shall be conducted to the satisfaction of the Indian tribe and shall include - (1) legal and budgetary research; and (2) internal tribal government planning and organizational preparation relating to the administration of health care programs. (e) Grants Subject to the availability of appropriations, any Indian tribe meeting the requirements of paragraph (1)(B) and (C) of subsection (c) of this section shall be eligible for grants - (1) to plan for participation in self-governance; and (2) to negotiate the terms of participation by the Indian tribe or tribal organization in self-governance, as set forth in a compact and a funding agreement. (f) Receipt of grant not required Receipt of a grant under subsection (e) of this section shall not be a requirement of participation in self-governance. -SOURCE- (Pub. L. 93-638, title V, Sec. 503, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 714.) -REFTEXT- REFERENCES IN TEXT Title III, referred to in subsec. (a), means title III of Pub. L. 93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5, 1988, 102 Stat. 2296, and amended, which was set out as a note under section 450f of this title prior to repeal by Pub. L. 106- 260, Sec. 10, Aug. 18, 2000, 114 Stat. 734. -COD- CODIFICATION Another section 503 of Pub. L. 93-638 was renumbered section 803 and is classified to section 458ddd-2 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 458aaa-3 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-3. Compacts -STATUTE- (a) Compact required The Secretary shall negotiate and enter into a written compact with each Indian tribe participating in self-governance in a manner consistent with the Federal Government's trust responsibility, treaty obligations, and the government-to-government relationship between Indian tribes and the United States. (b) Contents Each compact required under subsection (a) of this section shall set forth the general terms of the government-to-government relationship between the Indian tribe and the Secretary, including such terms as the parties intend shall control year after year. Such compacts may only be amended by mutual agreement of the parties. (c) Existing compacts An Indian tribe participating in the Tribal Self-Governance Demonstration Project under title III (!1) on August 18, 2000, shall have the option at any time after August 18, 2000, to - (1) retain the Tribal Self-Governance Demonstration Project compact of that Indian tribe (in whole or in part) to the extent that the provisions of that funding agreement are not directly contrary to any express provision of this part; or (2) instead of retaining a compact or portion thereof under paragraph (1), negotiate a new compact in a manner consistent with the requirements of this part. (d) Term and effective date The effective date of a compact shall be the date of the approval and execution by the Indian tribe or another date agreed upon by the parties, and shall remain in effect for so long as permitted by Federal law or until terminated by mutual written agreement, retrocession, or reassumption. -SOURCE- (Pub. L. 93-638, title V, Sec. 504, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 715.) -REFTEXT- REFERENCES IN TEXT Title III, referred to in subsec. (c), means title III of Pub. L. 93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5, 1988, 102 Stat. 2296, and amended, which was set out as a note under section 450f of this title prior to repeal by Pub. L. 106- 260, Sec. 10, Aug. 18, 2000, 114 Stat. 734. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 458aaa-4 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-4. Funding agreements -STATUTE- (a) Funding agreement required The Secretary shall negotiate and enter into a written funding agreement with each Indian tribe participating in self-governance in a manner consistent with the Federal Government's trust responsibility, treaty obligations, and the government-to- government relationship between Indian tribes and the United States. (b) Contents (1) In general Each funding agreement required under subsection (a) of this section shall, as determined by the Indian tribe, authorize the Indian tribe to plan, conduct, consolidate, administer, and receive full tribal share funding, including tribal shares of discretionary Indian Health Service competitive grants (excluding congressionally earmarked competitive grants), for all programs, services, functions, and activities (or portions thereof), that are carried out for the benefit of Indians because of their status as Indians without regard to the agency or office of the Indian Health Service within which the program, service, function, or activity (or portion thereof) is performed. (2) Inclusion of certain programs, services, functions, and activities Such programs, services, functions, or activities (or portions thereof) include all programs, services, functions, activities (or portions thereof), including grants (which may be added to a funding agreement after an award of such grants), with respect to which Indian tribes or Indians are primary or significant beneficiaries, administered by the Department of Health and Human Services through the Indian Health Service and all local, field, service unit, area, regional, and central headquarters or national office functions so administered under the authority of - (A) section 13 of this title; (B) the Act of April 16, 1934 (48 Stat. 596; chapter 147; 25 U.S.C. 452 et seq.); (C) the Act of August 5, 1954 (68 Stat. 674; chapter 658) [42 U.S.C. 2001 et seq.]; (D) the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.); (E) the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2401 et seq.); (F) any other Act of Congress authorizing any agency of the Department of Health and Human Services to administer, carry out, or provide financial assistance to such a program, service, function or activity (or portions thereof) described in this section that is carried out for the benefit of Indians because of their status as Indians; or (G) any other Act of Congress authorizing such a program, service, function, or activity (or portions thereof) carried out for the benefit of Indians under which appropriations are made available to any agency other than an agency within the Department of Health and Human Services, in any case in which the Secretary administers that program, service, function, or activity (or portion thereof). (c) Inclusion in compact or funding agreement It shall not be a requirement that an Indian tribe or Indians be identified in the authorizing statute for a program or element of a program to be eligible for inclusion in a compact or funding agreement under this part. (d) Funding agreement terms Each funding agreement under this part shall set forth - (1) terms that generally identify the programs, services, functions, and activities (or portions thereof) to be performed or administered; and (2) for the items identified in paragraph (1) - (A) the general budget category assigned; (B) the funds to be provided, including those funds to be provided on a recurring basis; (C) the time and method of transfer of the funds; (D) the responsibilities of the Secretary; and (E) any other provision with respect to which the Indian tribe and the Secretary agree. (e) Subsequent funding agreements Absent notification from an Indian tribe that is withdrawing or retroceding the operation of one or more programs, services, functions, or activities (or portions thereof) identified in a funding agreement, or unless otherwise agreed to by the parties, each funding agreement shall remain in full force and effect until a subsequent funding agreement is executed, and the terms of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement. (f) Existing funding agreements Each Indian tribe participating in the Tribal Self-Governance Demonstration Project established under title III (!1) on August 18, 2000, shall have the option at any time thereafter to - (1) retain the Tribal Self-Governance Demonstration Project funding agreement of that Indian tribe (in whole or in part) to the extent that the provisions of that funding agreement are not directly contrary to any express provision of this part; or (2) instead of retaining a funding agreement or portion thereof under paragraph (1), negotiate a new funding agreement in a manner consistent with the requirements of this part. (g) Stable base funding At the option of an Indian tribe, a funding agreement may provide for a stable base budget specifying the recurring funds (including, for purposes of this provision, funds available under section 450j- 1(a) of this title) to be transferred to such Indian tribe, for such period as may be specified in the funding agreement, subject to annual adjustment only to reflect changes in congressional appropriations by sub-sub activity excluding earmarks. -SOURCE- (Pub. L. 93-638, title V, Sec. 505, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 716.) -REFTEXT- REFERENCES IN TEXT Act of April 16, 1934, referred to in subsec. (b)(2)(B), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O'Malley Act, which is classified generally to section 452 et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables. Act of August 5, 1954, referred to in subsec. (b)(2)(C), is act Aug. 5, 1954, ch. 658, 68 Stat. 674, as amended, which is classified generally to subchapter I (Sec. 2001 et seq.) of chapter 22 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables. The Indian Health Care Improvement Act, referred to in subsec. (b)(2)(D), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as amended, which is classified principally to chapter 18 (Sec. 1601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. The Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986, referred to in subsec. (b)(2)(E), is subtitle C of title IV of Pub. L. 99-570, Oct. 27, 1986, 100 Stat. 3207-137, as amended, which is classified generally to chapter 26 (Sec. 2401 et seq.) of this title. For complete classification of subtitle C to the Code, see Short Title note set out under section 2401 of this title and Tables. Title III, referred to in subsec. (f), means title III of Pub. L. 93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5, 1988, 102 Stat. 2296, and amended, which was set out as a note under section 450f of this title prior to repeal by Pub. L. 106- 260, Sec. 10, Aug. 18, 2000, 114 Stat. 734. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 458aaa-5 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-5. General provisions -STATUTE- (a) Applicability The provisions of this section shall apply to compacts and funding agreements negotiated under this part and an Indian tribe may, at its option, include provisions that reflect such requirements in a compact or funding agreement. (b) Conflicts of interest Indian tribes participating in self-governance under this part shall ensure that internal measures are in place to address conflicts of interest in the administration of self-governance programs, services, functions, or activities (or portions thereof). (c) Audits (1) Single Agency Audit Act The provisions of chapter 75 of title 31 requiring a single agency audit report shall apply to funding agreements under this part. (2) Cost principles An Indian tribe shall apply cost principles under the applicable Office of Management and Budget circular, except as modified by section 450j-1 of this title (!1) other provisions of law, or by any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget. No other audit or accounting standards shall be required by the Secretary. Any claim by the Federal Government against the Indian tribe relating to funds received under a funding agreement based on any audit under this subsection shall be subject to the provisions of section 450j-1(f) of this title. (d) Records (1) In general Unless an Indian tribe specifies otherwise in the compact or funding agreement, records of the Indian tribe shall not be considered Federal records for purposes of chapter 5 of title 5. (2) Recordkeeping system The Indian tribe shall maintain a recordkeeping system, and, after 30 days advance notice, provide the Secretary with reasonable access to such records to enable the Department of Health and Human Services to meet its minimum legal recordkeeping system requirements under sections 3101 through 3106 of title 44. (e) Redesign and consolidation An Indian tribe may redesign or consolidate programs, services, functions, and activities (or portions thereof) included in a funding agreement under section 458aaa-4 of this title and reallocate or redirect funds for such programs, services, functions, and activities (or portions thereof) in any manner which the Indian tribe deems to be in the best interest of the health and welfare of the Indian community being served, only if the redesign or consolidation does not have the effect of denying eligibility for services to population groups otherwise eligible to be served under applicable Federal law. (f) Retrocession An Indian tribe may retrocede, fully or partially, to the Secretary programs, services, functions, or activities (or portions thereof) included in the compact or funding agreement. Unless the Indian tribe rescinds the request for retrocession, such retrocession will become effective within the timeframe specified by the parties in the compact or funding agreement. In the absence of such a specification, such retrocession shall become effective on - (1) the earlier of - (A) 1 year after the date of submission of such request; or (B) the date on which the funding agreement expires; or (2) such date as may be mutually agreed upon by the Secretary and the Indian tribe. (g) Withdrawal (1) Process (A) In general An Indian tribe may fully or partially withdraw from a participating inter-tribal consortium or tribal organization its share of any program, function, service, or activity (or portions thereof) included in a compact or funding agreement. (B) Effective date The withdrawal referred to in subparagraph (A) shall become effective within the timeframe specified in the resolution which authorizes transfer to the participating tribal organization or inter-tribal consortium. In the absence of a specific timeframe set forth in the resolution, such withdrawal shall become effective on - (i) the earlier of - (I) 1 year after the date of submission of such request; or (II) the date on which the funding agreement expires; or (ii) such date as may be mutually agreed upon by the Secretary, the withdrawing Indian tribe, and the participating tribal organization or inter-tribal consortium that has signed the compact or funding agreement on behalf of the withdrawing Indian tribe, inter-tribal consortium, or tribal organization. (2) Distribution of funds When an Indian tribe or tribal organization eligible to enter into a self-determination contract under part A of this subchapter or a compact or funding agreement under this part fully or partially withdraws from a participating inter-tribal consortium or tribal organization - (A) the withdrawing Indian tribe or tribal organization shall be entitled to its tribal share of funds supporting those programs, services, functions, or activities (or portions thereof) that the Indian tribe will be carrying out under its own self-determination contract or compact and funding agreement (calculated on the same basis as the funds were initially allocated in the funding agreement of the inter- tribal consortium or tribal organization); and (B) the funds referred to in subparagraph (A) shall be transferred from the funding agreement of the inter-tribal consortium or tribal organization, on the condition that the provisions of sections 450f and 450j(i) of this title, as appropriate, shall apply to that withdrawing Indian tribe. (3) Regaining mature contract status If an Indian tribe elects to operate all or some programs, services, functions, or activities (or portions thereof) carried out under a compact or funding agreement under this part through a self-determination contract under part A of this subchapter, at the option of the Indian tribe, the resulting self-determination contract shall be a mature self-determination contract. (h) Nonduplication For the period for which, and to the extent to which, funding is provided under this part or under the compact or funding agreement, the Indian tribe shall not be entitled to contract with the Secretary for such funds under section 450f of this title, except that such Indian tribe shall be eligible for new programs on the same basis as other Indian tribes. -SOURCE- (Pub. L. 93-638, title V, Sec. 506, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 717.) -FOOTNOTE- (!1) So in original. -End- -CITE- 25 USC Sec. 458aaa-6 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-6. Provisions relating to the Secretary -STATUTE- (a) Mandatory provisions (1) Health status reports Compacts or funding agreements negotiated between the Secretary and an Indian tribe shall include a provision that requires the Indian tribe to report on health status and service delivery - (A) to the extent such data is not otherwise available to the Secretary and specific funds for this purpose are provided by the Secretary under the funding agreement; and (B) if such reporting shall impose minimal burdens on the participating Indian tribe and such requirements are promulgated under section 458aaa-16 of this title. (2) Reassumption (A) In general Compacts or funding agreements negotiated between the Secretary and an Indian tribe shall include a provision authorizing the Secretary to reassume operation of a program, service, function, or activity (or portions thereof) and associated funding if there is a specific finding relative to that program, service, function, or activity (or portion thereof) of - (i) imminent endangerment of the public health caused by an act or omission of the Indian tribe, and the imminent endangerment arises out of a failure to carry out the compact or funding agreement; or (ii) gross mismanagement with respect to funds transferred to a tribe by a compact or funding agreement, as determined by the Secretary in consultation with the Inspector General, as appropriate. (B) Prohibition The Secretary shall not reassume operation of a program, service, function, or activity (or portions thereof) unless - (i) the Secretary has first provided written notice and a hearing on the record to the Indian tribe; and (ii) the Indian tribe has not taken corrective action to remedy the imminent endangerment to public health or gross mismanagement. (C) Exception (i) In general Notwithstanding subparagraph (B), the Secretary may, upon written notification to the Indian tribe, immediately reassume operation of a program, service, function, or activity (or portion thereof) if - (I) the Secretary makes a finding of imminent substantial and irreparable endangerment of the public health caused by an act or omission of the Indian tribe; and (II) the endangerment arises out of a failure to carry out the compact or funding agreement. (ii) Reassumption If the Secretary reassumes operation of a program, service, function, or activity (or portion thereof) under this subparagraph, the Secretary shall provide the Indian tribe with a hearing on the record not later than 10 days after such reassumption. (D) Hearings In any hearing or appeal involving a decision to reassume operation of a program, service, function, or activity (or portion thereof), the Secretary shall have the burden of proof of demonstrating by clear and convincing evidence the validity of the grounds for the reassumption. (b) Final offer In the event the Secretary and a participating Indian tribe are unable to agree, in whole or in part, on the terms of a compact or funding agreement (including funding levels), the Indian tribe may submit a final offer to the Secretary. Not more than 45 days after such submission, or within a longer time agreed upon by the Indian tribe, the Secretary shall review and make a determination with respect to such offer. In the absence of a timely rejection of the offer, in whole or in part, made in compliance with subsection (c) of this section, the offer shall be deemed agreed to by the Secretary. (c) Rejection of final offers (1) In general If the Secretary rejects an offer made under subsection (b) of this section (or one or more provisions or funding levels in such offer), the Secretary shall provide - (A) a timely written notification to the Indian tribe that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that - (i) the amount of funds proposed in the final offer exceeds the applicable funding level to which the Indian tribe is entitled under this part; (ii) the program, function, service, or activity (or portion thereof) that is the subject of the final offer is an inherent Federal function that cannot legally be delegated to an Indian tribe; (iii) the Indian tribe cannot carry out the program, function, service, or activity (or portion thereof) in a manner that would not result in significant danger or risk to the public health; or (iv) the Indian tribe is not eligible to participate in self-governance under section 458aaa-2 of this title; (B) technical assistance to overcome the objections stated in the notification required by subparagraph (A); (C) the Indian tribe with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter and the opportunity for appeal on the objections raised, except that the Indian tribe may, in lieu of filing such appeal, directly proceed to initiate an action in a Federal district court pursuant to section 450m-1(a) of this title; and (D) the Indian tribe with the option of entering into the severable portions of a final proposed compact or funding agreement, or provision thereof, (including a lesser funding amount, if any), that the Secretary did not reject, subject to any additional alterations necessary to conform the compact or funding agreement to the severed provisions. (2) Effect of exercising certain option If an Indian tribe exercises the option specified in paragraph (1)(D), that Indian tribe shall retain the right to appeal the Secretary's rejection under this section, and subparagraphs (A), (B), and (C) of that paragraph shall only apply to that portion of the proposed final compact, funding agreement, or provision thereof that was rejected by the Secretary. (d) Burden of proof With respect to any hearing or appeal or civil action conducted pursuant to this section, the Secretary shall have the burden of demonstrating by clear and convincing evidence the validity of the grounds for rejecting the offer (or a provision thereof) made under subsection (b) of this section. (e) Good faith In the negotiation of compacts and funding agreements the Secretary shall at all times negotiate in good faith to maximize implementation of the self-governance policy. The Secretary shall carry out this part in a manner that maximizes the policy of tribal self-governance, in a manner consistent with the purposes specified in section 3 of the Tribal Self-Governance Amendments of 2000. (f) Savings To the extent that programs, functions, services, or activities (or portions thereof) carried out by Indian tribes under this part reduce the administrative or other responsibilities of the Secretary with respect to the operation of Indian programs and result in savings that have not otherwise been included in the amount of tribal shares and other funds determined under section 458aaa-7(c) of this title, the Secretary shall make such savings available to the Indian tribes, inter-tribal consortia, or tribal organizations for the provision of additional services to program beneficiaries in a manner equitable to directly served, contracted, and compacted programs. (g) Trust responsibility The Secretary is prohibited from waiving, modifying, or diminishing in any way the trust responsibility of the United States with respect to Indian tribes and individual Indians that exists under treaties, Executive orders, other laws, or court decisions. (h) Decisionmaker A decision that constitutes final agency action and relates to an appeal within the Department of Health and Human Services conducted under subsection (c) of this section shall be made either - (1) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency in which the decision that is the subject of the appeal was made; or (2) by an administrative judge. -SOURCE- (Pub. L. 93-638, title V, Sec. 507, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 719.) -REFTEXT- REFERENCES IN TEXT Section 3 of the Tribal Self-Governance Amendments of 2000, referred to in subsec. (e), is section 3 of Pub. L. 106-260, which is set out as a note under section 458aaa of this title. -End- -CITE- 25 USC Sec. 458aaa-7 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-7. Transfer of funds -STATUTE- (a) In general Pursuant to the terms of any compact or funding agreement entered into under this part, the Secretary shall transfer to the Indian tribe all funds provided for in the funding agreement, pursuant to subsection (c) of this section, and provide funding for periods covered by joint resolution adopted by Congress making continuing appropriations, to the extent permitted by such resolutions. In any instance where a funding agreement requires an annual transfer of funding to be made at the beginning of a fiscal year, or requires semiannual or other periodic transfers of funding to be made commencing at the beginning of a fiscal year, the first such transfer shall be made not later than 10 days after the apportionment of such funds by the Office of Management and Budget to the Department, unless the funding agreement provides otherwise. (b) Multiyear funding The Secretary is authorized to employ, upon tribal request, multiyear funding agreements. References in this part to funding agreements shall include such multiyear funding agreements. (c) Amount of funding The Secretary shall provide funds under a funding agreement under this part in an amount equal to the amount that the Indian tribe would have been entitled to receive under self-determination contracts under this subchapter, including amounts for direct program costs specified under section 450j-1(a)(1) of this title and amounts for contract support costs specified under section 450j- 1(a) (2), (3), (5), and (6) of this title, including any funds that are specifically or functionally related to the provision by the Secretary of services and benefits to the Indian tribe or its members, all without regard to the organizational level within the Department where such functions are carried out. (d) Prohibitions (1) In general Except as provided in paragraph (2), the Secretary is expressly prohibited from - (A) failing or refusing to transfer to an Indian tribe its full share of any central, headquarters, regional, area, or service unit office or other funds due under this subchapter, except as required by Federal law; (B) withholding portions of such funds for transfer over a period of years; and (C) reducing the amount of funds required under this subchapter - (i) to make funding available for self-governance monitoring or administration by the Secretary; (ii) in subsequent years, except pursuant to - (I) a reduction in appropriations from the previous fiscal year for the program or function to be included in a compact or funding agreement; (II) a congressional directive in legislation or accompanying report; (III) a tribal authorization; (IV) a change in the amount of pass-through funds subject to the terms of the funding agreement; or (V) completion of a project, activity, or program for which such funds were provided; (iii) to pay for Federal functions, including Federal pay costs, Federal employee retirement benefits, automated data processing, technical assistance, and monitoring of activities under this subchapter; or (iv) to pay for costs of Federal personnel displaced by self-determination contracts under this subchapter or self- governance; (2) Exception The funds described in paragraph (1)(C) may be increased by the Secretary if necessary to carry out this subchapter or as provided in section 450j(c)(2) of this title. (e) Other resources In the event an Indian tribe elects to carry out a compact or funding agreement with the use of Federal personnel, Federal supplies (including supplies available from Federal warehouse facilities), Federal supply sources (including lodging, airline transportation, and other means of transportation including the use of interagency motor pool vehicles) or other Federal resources (including supplies, services, and resources available to the Secretary under any procurement contracts in which the Department is eligible to participate), the Secretary shall acquire and transfer such personnel, supplies, or resources to the Indian tribe. (f) Reimbursement to Indian Health Service With respect to functions transferred by the Indian Health Service to an Indian tribe, the Indian Health Service shall provide goods and services to the Indian tribe, on a reimbursable basis, including payment in advance with subsequent adjustment. The reimbursements received from those goods and services, along with the funds received from the Indian tribe pursuant to this part, may be credited to the same or subsequent appropriation account which provided the funding, such amounts to remain available until expended. (g) Prompt Payment Act Chapter 39 of title 31 shall apply to the transfer of funds due under a compact or funding agreement authorized under this part. (h) Interest or other income on transfers An Indian tribe is entitled to retain interest earned on any funds paid under a compact or funding agreement to carry out governmental or health purposes and such interest shall not diminish the amount of funds the Indian tribe is authorized to receive under its funding agreement in the year the interest is earned or in any subsequent fiscal year. Funds transferred under this part shall be managed using the prudent investment standard. (i) Carryover of funds All funds paid to an Indian tribe in accordance with a compact or funding agreement shall remain available until expended. In the event that an Indian tribe elects to carry over funding from 1 year to the next, such carryover shall not diminish the amount of funds the Indian tribe is authorized to receive under its funding agreement in that or any subsequent fiscal year. (j) Program income All Medicare, Medicaid, or other program income earned by an Indian tribe shall be treated as supplemental funding to that negotiated in the funding agreement. The Indian tribe may retain all such income and expend such funds in the current year or in future years except to the extent that the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) provides otherwise for Medicare and Medicaid receipts. Such funds shall not result in any offset or reduction in the amount of funds the Indian tribe is authorized to receive under its funding agreement in the year the program income is received or for any subsequent fiscal year. (k) Limitation of costs An Indian tribe shall not be obligated to continue performance that requires an expenditure of funds in excess of the amount of funds transferred under a compact or funding agreement. If at any time the Indian tribe has reason to believe that the total amount provided for a specific activity in the compact or funding agreement is insufficient the Indian tribe shall provide reasonable notice of such insufficiency to the Secretary. If the Secretary does not increase the amount of funds transferred under the funding agreement, the Indian tribe may suspend performance of the activity until such time as additional funds are transferred. -SOURCE- (Pub. L. 93-638, title V, Sec. 508, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 722.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in subsecs. (c) and (d), was in the original "this Act", meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this subchapter (Sec. 450 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. The Indian Health Care Improvement Act, referred to in subsec. (j), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as amended, which is classified principally to chapter 18 (Sec. 1601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. -End- -CITE- 25 USC Sec. 458aaa-8 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-8. Construction projects -STATUTE- (a) In general Indian tribes participating in tribal self-governance may carry out construction projects under this part if they elect to assume all Federal responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the National Historic Preservation Act (16 U.S.C. 470 et seq.), and related provisions of law that would apply if the Secretary were to undertake a construction project, by adopting a resolution - (1) designating a certifying officer to represent the Indian tribe and to assume the status of a responsible Federal official under such laws; and (2) accepting the jurisdiction of the Federal court for the purpose of enforcement of the responsibilities of the responsible Federal official under such environmental laws. (b) Negotiations Construction project proposals shall be negotiated pursuant to the statutory process in section 450j(m) of this title and resulting construction project agreements shall be incorporated into funding agreements as addenda. (c) Codes and standards The Indian tribe and the Secretary shall agree upon and specify appropriate building codes and architectural and engineering standards (including health and safety) which shall be in conformity with nationally recognized standards for comparable projects. (d) Responsibility for completion The Indian tribe shall assume responsibility for the successful completion of the construction project in accordance with the negotiated construction project agreement. (e) Funding Funding for construction projects carried out under this part shall be included in funding agreements as annual advance payments, with semiannual payments at the option of the Indian tribe. Annual advance and semiannual payment amounts shall be determined based on mutually agreeable project schedules reflecting work to be accomplished within the advance payment period, work accomplished and funds expended in previous payment periods, and the total prior payments. The Secretary shall include associated project contingency funds with each advance payment installment. The Indian tribe shall be responsible for the management of the contingency funds included in funding agreements. (f) Approval The Secretary shall have at least one opportunity to approve project planning and design documents prepared by the Indian tribe in advance of construction of the facilities specified in the scope of work for each negotiated construction project agreement or amendment thereof which results in a significant change in the original scope of work. The Indian tribe shall provide the Secretary with project progress and financial reports not less than semiannually. The Secretary may conduct onsite project oversight visits semiannually or on an alternate schedule agreed to by the Secretary and the Indian tribe. (g) Wages All laborers and mechanics employed by contractors and subcontractors (excluding tribes and tribal organizations) in the construction, alteration, or repair, including painting or decorating of a building or other facilities in connection with construction projects funded by the United States under this subchapter shall be paid wages at not less than those prevailing wages on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 3141-3144, 3146, and 3147 of title 40. With respect to construction alteration, or repair work to which sections 3141-3144, 3146, and 3147 of title 40 are applicable under this section, the Secretary of Labor shall have the authority and functions set forth in the Reorganization Plan numbered 14, of 1950, and section 3145 of title 40. (h) Application of other laws Unless otherwise agreed to by the Indian tribe, no provision of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41, the Federal Acquisition Regulations issued pursuant thereto, or any other law or regulation pertaining to Federal procurement (including Executive orders) shall apply to any construction project conducted under this part. -SOURCE- (Pub. L. 93-638, title V, Sec. 509, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 724.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) 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 4321 of Title 42 and Tables. The National Historic Preservation Act, referred to in subsec. (a), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which is classified generally to subchapter II (Sec. 470 et seq.) of chapter 1A of Title 16, Conservation. For complete classification of this Act to the Code, see section 470(a) of Title 16 and Tables. Reorganization Plan numbered 14, of 1950, referred to in subsec. (g), is set out in the Appendix to Title 5, Government Organization and Employees. -COD- CODIFICATION In subsec. (g), "sections 3141-3144, 3146, and 3147 of title 40" substituted for "the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494)", "sections 3141-3144, 3146, and 3147 of title 40 are" substituted for "the Act of March 3, 1931, is", and "section 3145 of title 40" substituted for "section 2 of the Act of June 13, 1934 (48 Stat. 948)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. In subsec. (h), "division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41" substituted for "the Office of Federal Procurement Policy Act" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. -End- -CITE- 25 USC Sec. 458aaa-9 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-9. Federal procurement laws and regulations -STATUTE- Regarding construction programs or projects, the Secretary and Indian tribes may negotiate for the inclusion of specific provisions of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 and Federal acquisition regulations in any funding agreement entered into under this part. Absent a negotiated agreement, such provisions and regulatory requirements shall not apply. -SOURCE- (Pub. L. 93-638, title V, Sec. 510, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 726.) -COD- CODIFICATION In text, "division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41" substituted for "the Office of Federal Procurement and Policy Act (41 U.S.C. 401 et seq.)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. -End- -CITE- 25 USC Sec. 458aaa-10 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-10. Civil actions -STATUTE- (a) Contract defined For the purposes of section 450m-1 of this title, the term "contract" shall include compacts and funding agreements entered into under this part. (b) Applicability of certain laws Section 81 of this title and section 476 of this title, shall not apply to attorney and other professional contracts entered into by Indian tribes participating in self-governance under this part. (c) References All references in this subchapter to section 501 of this title are hereby deemed to include section 82a of this title. -SOURCE- (Pub. L. 93-638, title V, Sec. 511, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 726.) -End- -CITE- 25 USC Sec. 458aaa-11 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-11. Facilitation -STATUTE- (a) Secretarial interpretation Except as otherwise provided by law, the Secretary shall interpret all Federal laws, Executive orders, and regulations in a manner that will facilitate - (1) the inclusion of programs, services, functions, and activities (or portions thereof) and funds associated therewith, in the agreements entered into under this section; (2) the implementation of compacts and funding agreements entered into under this part; and (3) the achievement of tribal health goals and objectives. (b) Regulation waiver (1) In general An Indian tribe may submit a written request to waive application of a regulation promulgated under section 458aaa-16 of this title or the authorities specified in section 458aaa-4(b) of this title for a compact or funding agreement entered into with the Indian Health Service under this part, to the Secretary identifying the applicable Federal regulation sought to be waived and the basis for the request. (2) Approval Not later than 90 days after receipt by the Secretary of a written request by an Indian tribe to waive application of a regulation for a compact or funding agreement entered into under this part, the Secretary shall either approve or deny the requested waiver in writing. A denial may be made only upon a specific finding by the Secretary that identified language in the regulation may not be waived because such waiver is prohibited by Federal law. A failure to approve or deny a waiver request not later than 90 days after receipt shall be deemed an approval of such request. The Secretary's decision shall be final for the Department. (c) Access to Federal property In connection with any compact or funding agreement executed pursuant to this part or an agreement negotiated under the Tribal Self-Governance Demonstration Project established under title III,(!1) as in effect before August 18, 2000, upon the request of an Indian tribe, the Secretary - (1) shall permit an Indian tribe to use existing school buildings, hospitals, and other facilities and all equipment therein or appertaining thereto and other personal property owned by the Government within the Secretary's jurisdiction under such terms and conditions as may be agreed upon by the Secretary and the Indian tribe for their use and maintenance; (2) may donate to an Indian tribe title to any personal or real property found to be excess to the needs of any agency of the Department, or the General Services Administration, except that - (A) subject to the provisions of subparagraph (B), title to property and equipment furnished by the Federal Government for use in the performance of the compact or funding agreement or purchased with funds under any compact or funding agreement shall, unless otherwise requested by the Indian tribe, vest in the appropriate Indian tribe; (B) if property described in subparagraph (A) has a value in excess of $5,000 at the time of retrocession, withdrawal, or reassumption, at the option of the Secretary upon the retrocession, withdrawal, or reassumption, title to such property and equipment shall revert to the Department of Health and Human Services; and (C) all property referred to in subparagraph (A) shall remain eligible for replacement, maintenance, and improvement on the same basis as if title to such property were vested in the United States; and (3) shall acquire excess or surplus Government personal or real property for donation to an Indian tribe if the Secretary determines the property is appropriate for use by the Indian tribe for any purpose for which a compact or funding agreement is authorized under this part. (d) Matching or cost-participation requirement All funds provided under compacts, funding agreements, or grants made pursuant to this subchapter, shall be treated as non-Federal funds for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program. (e) State facilitation States are hereby authorized and encouraged to enact legislation, and to enter into agreements with Indian tribes to facilitate and supplement the initiatives, programs, and policies authorized by this part and other Federal laws benefiting Indians and Indian tribes. (f) Rules of construction Each provision of this part and each provision of a compact or funding agreement shall be liberally construed for the benefit of the Indian tribe participating in self-governance and any ambiguity shall be resolved in favor of the Indian tribe. -SOURCE- (Pub. L. 93-638, title V, Sec. 512, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 726.) -REFTEXT- REFERENCES IN TEXT Title III, referred to in subsec. (c), means title III of Pub. L. 93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5, 1988, 102 Stat. 2296, and amended, which was set out as a note under section 450f of this title prior to repeal by Pub. L. 106- 260, Sec. 10, Aug. 18, 2000, 114 Stat. 734. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 458aaa-12 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-12. Budget request -STATUTE- (a) Requirement of annual budget request (1) In general The President shall identify in the annual budget request submitted to Congress under section 1105 of title 31 all funds necessary to fully fund all funding agreements authorized under this part, including funds specifically identified to fund tribal base budgets. All funds so appropriated shall be apportioned to the Indian Health Service. Such funds shall be provided to the Office of Tribal Self-Governance which shall be responsible for distribution of all funds provided under section 458aaa-4 of this title. (2) Rule of construction Nothing in this subsection shall be construed to authorize the Indian Health Service to reduce the amount of funds that a self- governance tribe is otherwise entitled to receive under its funding agreement or other applicable law, whether or not such funds are apportioned to the Office of Tribal Self-Governance under this section. (b) Present funding; shortfalls In such budget request, the President shall identify the level of need presently funded and any shortfall in funding (including direct program and contract support costs) for each Indian tribe, either directly by the Secretary of Health and Human Services, under self-determination contracts, or under compacts and funding agreements authorized under this part. -SOURCE- (Pub. L. 93-638, title V, Sec. 513, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 727.) -End- -CITE- 25 USC Sec. 458aaa-13 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-13. Reports -STATUTE- (a) Annual report (1) In general Not later than January 1 of each year after August 18, 2000, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives a written report regarding the administration of this part. (2) Analysis The report under paragraph (1) shall include a detailed analysis of the level of need being presently funded or unfunded for each Indian tribe, either directly by the Secretary, under self-determination contracts under part A of this subchapter, or under compacts and funding agreements authorized under this subchapter. In compiling reports pursuant to this section, the Secretary may not impose any reporting requirements on participating Indian tribes or tribal organizations, not otherwise provided in this subchapter. (b) Contents The report under subsection (a) of this section shall - (1) be compiled from information contained in funding agreements, annual audit reports, and data of the Secretary regarding the disposition of Federal funds; and (2) identify - (A) the relative costs and benefits of self-governance; (B) with particularity, all funds that are specifically or functionally related to the provision by the Secretary of services and benefits to self-governance Indian tribes and their members; (C) the funds transferred to each self-governance Indian tribe and the corresponding reduction in the Federal bureaucracy; (D) the funding formula for individual tribal shares of all headquarters funds, together with the comments of affected Indian tribes or tribal organizations, developed under subsection (c) of this section; and (E) amounts expended in the preceding fiscal year to carry out inherent Federal functions, including an identification of those functions by type and location; (3) contain a description of the method or methods (or any revisions thereof) used to determine the individual tribal share of funds controlled by all components of the Indian Health Service (including funds assessed by any other Federal agency) for inclusion in self-governance compacts or funding agreements; (4) before being submitted to Congress, be distributed to the Indian tribes for comment (with a comment period of no less than 30 days, beginning on the date of distribution); and (5) include the separate views and comments of the Indian tribes or tribal organizations. (c) Report on fund distribution method Not later than 180 days after August 18, 2000, the Secretary shall, after consultation with Indian tribes, submit a written report to the Committee on Resources of the House of Representatives and the Committee on Indian Affairs of the Senate that describes the method or methods used to determine the individual tribal share of funds controlled by all components of the Indian Health Service (including funds assessed by any other Federal agency) for inclusion in self-governance compacts or funding agreements. -SOURCE- (Pub. L. 93-638, title V, Sec. 514, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 728.) -CHANGE- CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. -End- -CITE- 25 USC Sec. 458aaa-14 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-14. Disclaimers -STATUTE- (a) No funding reduction Nothing in this part shall be construed to limit or reduce in any way the funding for any program, project, or activity serving an Indian tribe under this or other applicable Federal law. Any Indian tribe that alleges that a compact or funding agreement is in violation of this section may apply the provisions of section 450m- 1 of this title. (b) Federal trust and treaty responsibilities Nothing in this subchapter shall be construed to diminish in any way the trust responsibility of the United States to Indian tribes and individual Indians that exists under treaties, Executive orders, or other laws and court decisions. (c) Obligations of the United States The Indian Health Service under this subchapter shall neither bill nor charge those Indians who may have the economic means to pay for services, nor require any Indian tribe to do so. -SOURCE- (Pub. L. 93-638, title V, Sec. 515, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 729.) -End- -CITE- 25 USC Sec. 458aaa-15 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-15. Application of other sections of this subchapter -STATUTE- (a) Mandatory application All provisions of sections 450c(b), 450d, 450e, 450f(c) and (d), 450i, 450j(k) and (l), 450j-1(a) through (k), and 450n of this title and section 314 of Public Law 101-512 (coverage under chapter 171 of title 28, commonly known as the "Federal Tort Claims Act"), to the extent not in conflict with this part, shall apply to compacts and funding agreements authorized by this part. (b) Discretionary application At the request of a participating Indian tribe, any other provision of part A of this subchapter, to the extent such provision is not in conflict with this part, shall be made a part of a funding agreement or compact entered into under this part. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this part. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement. -SOURCE- (Pub. L. 93-638, title V, Sec. 516, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 729.) -REFTEXT- REFERENCES IN TEXT Section 314 of Pub. L. 101-512, referred to in subsec. (a), is section 314 of Pub. L. 101-512, as amended, which is set out as a note under section 450f of this title. -End- -CITE- 25 USC Sec. 458aaa-16 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-16. Regulations -STATUTE- (a) In general (1) Promulgation Not later than 90 days after August 18, 2000, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this part. (2) Publication of proposed regulations Proposed regulations to implement this part shall be published in the Federal Register by the Secretary no later than 1 year after August 18, 2000. (3) Expiration of authority The authority to promulgate regulations under paragraph (1) shall expire 21 months after August 18, 2000. (b) Committee (1) In general A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this section shall have as its members only Federal and tribal government representatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this subchapter. (2) Requirements The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members. (c) Adaptation of procedures The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to- government relationship between the United States and Indian tribes. (d) Effect The lack of promulgated regulations shall not limit the effect of this part. (e) Effect of circulars, policies, manuals, guidances, and rules Unless expressly agreed to by the participating Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Indian Health Service, except for the eligibility provisions of section 450j(g) of this title and regulations promulgated under this section. -SOURCE- (Pub. L. 93-638, title V, Sec. 517, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 730.) -End- -CITE- 25 USC Sec. 458aaa-17 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-17. Appeals -STATUTE- In any appeal (including civil actions) involving decisions made by the Secretary under this part, the Secretary shall have the burden of proof of demonstrating by clear and convincing evidence - (1) the validity of the grounds for the decision made; and (2) that the decision is fully consistent with provisions and policies of this part. -SOURCE- (Pub. L. 93-638, title V, Sec. 518, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 730.) -End- -CITE- 25 USC Sec. 458aaa-18 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance - Indian Health Service -HEAD- Sec. 458aaa-18. Authorization of appropriations -STATUTE- (a) In general There are authorized to be appropriated such sums as may be necessary to carry out this part. (b) Availability of appropriations Notwithstanding any other provision of this subchapter, the provision of funds under this subchapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this subchapter. -SOURCE- (Pub. L. 93-638, title V, Sec. 519, as added Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 731.) -End- -CITE- 25 USC Part F - Transferred 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part F - Transferred -HEAD- PART F - TRANSFERRED -COD- CODIFICATION This part was formerly comprised of title V of Pub. L. 93-638, as added by Pub. L. 106-568, title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2936, which was redesignated title VIII by Pub. L. 111-211, title II, Sec. 231(d)(1), July 29, 2010, 124 Stat. 2278, and transferred to part H (Sec. 458ddd et seq.) of this subchapter. Title V of Pub. L. 93-638, as added by Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 712, is classified to part E (Sec. 458aaa et seq.) of this subchapter. -End- -CITE- 25 USC Sec. 458bbb to 458bbb-2 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part F - Transferred -HEAD- Sec. 458bbb to 458bbb-2. Transferred -COD- CODIFICATION Section 458bbb, Pub. L. 93-638, title V, Sec. 501, as added Pub. L. 106-568, title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2936; amended Pub. L. 108-267, Sec. 1(a),(b)(2), July 2, 2004, 118 Stat. 797, was renumbered section 801 of Pub. L. 93-638 and transferred to section 458ddd of this title. Section 458bbb-1, Pub. L. 93-638, title V, Sec. 502, as added Pub. L. 106-568, title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2938, was renumbered section 802 of Pub. L. 93-638 and transferred to section 458ddd-1 of this title. Section 458bbb-2, Pub. L. 93-638, title V, Sec. 503, as added Pub. L. 106-568, title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2938, was renumbered section 803 of Pub. L. 93-638 and transferred to section 458ddd-2 of this title. -End- -CITE- 25 USC Part G - Indian Law Enforcement Foundation 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part G - Indian Law Enforcement Foundation -HEAD- PART G - INDIAN LAW ENFORCEMENT FOUNDATION -End- -CITE- 25 USC Sec. 458ccc 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part G - Indian Law Enforcement Foundation -HEAD- Sec. 458ccc. Definitions -STATUTE- In this part: (1) Board The term "Board" means the Board of Directors of the Foundation. (2) Bureau The term "Bureau" means the Office of Justice Services of the Bureau of Indian Affairs. (3) Committee The term "Committee" means the Committee for the Establishment of the Indian Law Enforcement Foundation established under section 458ccc-1(e)(1) of this title. (4) Foundation The term "Foundation" means the Indian Law Enforcement Foundation established under section 458ccc-1 of this title. (5) Secretary The term "Secretary" means the Secretary of the Interior. -SOURCE- (Pub. L. 93-638, title VII, Sec. 701, as added Pub. L. 111-211, title II, Sec. 231(c), July 29, 2010, 124 Stat. 2274.) -End- -CITE- 25 USC Sec. 458ccc-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part G - Indian Law Enforcement Foundation -HEAD- Sec. 458ccc-1. Indian Law Enforcement Foundation -STATUTE- (a) Establishment (1) In general As soon as practicable after July 29, 2010, the Secretary shall establish, under the laws of the District of Columbia and in accordance with this part, a foundation, to be known as the "Indian Law Enforcement Foundation". (2) Funding determinations No funds, gift, property, or other item of value (including any interest accrued on such an item) acquired by the Foundation shall - (A) be taken into consideration for purposes of determining Federal appropriations relating to the provision of public safety or justice services to Indians; or (B) otherwise limit, diminish, or affect the Federal responsibility for the provision of public safety or justice services to Indians. (b) Nature of corporation The Foundation - (1) shall be a charitable and nonprofit federally chartered corporation; and (2) shall not be an agency or instrumentality of the United States. (c) Place of incorporation and domicile The Foundation shall be incorporated and domiciled in the District of Columbia. (d) Duties The Foundation shall - (1) encourage, accept, and administer, in accordance with the terms of each donation, private gifts of real and personal property, and any income from or interest in such gifts, for the benefit of, or in support of, public safety and justice services in American Indian and Alaska Native communities; and (2) assist the Office of Justice Services of the Bureau of Indian Affairs and Indian tribal governments in funding and conducting activities and providing education to advance and support the provision of public safety and justice services in American Indian and Alaska Native communities. (e) Committee for the Establishment of the Indian Law Enforcement Foundation (1) In general The Secretary shall establish a committee, to be known as the "Committee for the Establishment of the Indian Law Enforcement Foundation", to assist the Secretary in establishing the Foundation. (2) Duties Not later than 180 days after July 29, 2010, the Committee shall - (A) carry out such activities as are necessary to incorporate the Foundation under the laws of the District of Columbia, including acting as incorporators of the Foundation; (B) ensure that the Foundation qualifies for and maintains the status required to carry out this section, until the date on which the Board is established; (C) establish the constitution and initial bylaws of the Foundation; (D) provide for the initial operation of the Foundation, including providing for temporary or interim quarters, equipment, and staff; and (E) appoint the initial members of the Board in accordance with the constitution and initial bylaws of the Foundation. (f) Board of Directors (1) In general The Board of Directors shall be the governing body of the Foundation. (2) Powers The Board may exercise, or provide for the exercise of, the powers of the Foundation. (3) Selection (A) In general Subject to subparagraph (B), the number of members of the Board, the manner of selection of the members (including the filling of vacancies), and the terms of office of the members shall be as provided in the constitution and bylaws of the Foundation. (B) Requirements (i) Number of members The Board shall be composed of not less than 7 members. (ii) Initial voting members The initial voting members of the Board - (I) shall be appointed by the Committee not later than 180 days after the date on which the Foundation is established; and (II) shall serve for staggered terms. (iii) Qualification The members of the Board shall be United States citizens with knowledge or experience regarding public safety and justice in Indian and Alaska Native communities. (C) Compensation A member of the Board shall not receive compensation for service as a member, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred in the performance of the duties of the Foundation. (g) Officers (1) In general The officers of the Foundation shall be - (A) a Secretary, elected from among the members of the Board; and (B) any other officers provided for in the constitution and bylaws of the Foundation. (2) Chief operating officer (A) Secretary Subject to subparagraph (B), the Secretary of the Foundation may serve, at the direction of the Board, as the chief operating officer of the Foundation. (B) Appointment The Board may appoint a chief operating officer in lieu of the Secretary of the Foundation under subparagraph (A), who shall serve at the direction of the Board. (3) Election The manner of election, term of office, and duties of the officers of the Foundation shall be as provided in the constitution and bylaws of the Foundation. (h) Powers The Foundation - (1) shall adopt a constitution and bylaws for the management of the property of the Foundation and the regulation of the affairs of the Foundation; (2) may adopt and alter a corporate seal; (3) may enter into contracts; (4) may acquire (through gift or otherwise), own, lease, encumber, and transfer real or personal property as necessary or convenient to carry out the purposes of the Foundation; (5) may sue and be sued; and (6) may perform any other act necessary and proper to carry out the purposes of the Foundation. (i) Principal office (1) In general The principal office of the Foundation shall be located in the District of Columbia. (2) Activities; offices The activities of the Foundation may be conducted, and offices may be maintained, throughout the United States in accordance with the constitution and bylaws of the Foundation. (j) Service of process The Foundation shall comply with the law on service of process of each State in which the Foundation is incorporated and of each State in which the Foundation carries on activities. (k) Liability of officers, employees, and agents (1) In general The Foundation shall be liable for the acts of the officers, employees, and agents of the Foundation acting within the scope of the authority of the officers, employees, and agents. (2) Personal liability A member of the Board shall be personally liable only for gross negligence in the performance of the duties of the member. (l) Restrictions (1) Limitation on spending Beginning with the fiscal year following the first full fiscal year during which the Foundation is in operation, the administrative costs of the Foundation shall not exceed the percentage described in paragraph (2) of the sum of - (A) the amounts transferred to the Foundation under subsection (n) during the preceding fiscal year; and (B) donations received from private sources during the preceding fiscal year. (2) Percentages The percentages referred to in paragraph (1) are - (A) for the first 2 fiscal years described in that paragraph, 25 percent; (B) for the following fiscal year, 20 percent; and (C) for each fiscal year thereafter, 15 percent. (3) Appointment and hiring The appointment of officers and employees of the Foundation shall be subject to the availability of funds. (4) Status A member of the Board or officer, employee, or agent of the Foundation shall not by reason of association with the Foundation be considered to be an officer, employee, or agent of the United States. (m) Audits The Foundation shall comply with section 10101 of title 36 as if the Foundation were a corporation under part B of subtitle II of that title. (n) Funding For each of fiscal years 2011 through 2015, out of any unobligated amounts available to the Secretary, the Secretary may use to carry out this section not more than $500,000. -SOURCE- (Pub. L. 93-638, title VII, Sec. 702, as added Pub. L. 111-211, title II, Sec. 231(c), July 29, 2010, 124 Stat. 2274.) -End- -CITE- 25 USC Sec. 458ccc-2 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part G - Indian Law Enforcement Foundation -HEAD- Sec. 458ccc-2. Administrative services and support -STATUTE- (a) Provision of support by Secretary Subject to subsection (b), during the 5-year period beginning on the date on which the Foundation is established, the Secretary - (1) may provide personnel, facilities, and other administrative support services to the Foundation; (2) may provide funds for initial operating costs and to reimburse the travel expenses of the members of the Board; and (3) shall require and accept reimbursements from the Foundation for - (A) services provided under paragraph (1); and (B) funds provided under paragraph (2). (b) Reimbursement Reimbursements accepted under subsection (a)(3) - (1) shall be deposited in the Treasury of the United States to the credit of the applicable appropriations account; and (2) shall be chargeable for the cost of providing services described in subsection (a)(1) and travel expenses described in subsection (a)(2). (c) Continuation of certain services The Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5- year period specified in subsection (a) if the facilities and services are - (1) available; and (2) provided on reimbursable cost basis. -SOURCE- (Pub. L. 93-638, title VII, Sec. 703, as added Pub. L. 111-211, title II, Sec. 231(c), July 29, 2010, 124 Stat. 2277.) -End- -CITE- 25 USC Part H - National Fund for Excellence in American Indian Education 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part H - National Fund for Excellence in American Indian Education -HEAD- PART H - NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION -COD- CODIFICATION This part is comprised of title VIII, formerly title V, of Pub. L. 93-638, which was formerly classified to part F (Sec. 458bbb et seq.) of this subchapter prior to redesignation by Pub. L. 111-211, title II, Sec. 231(d)(1), July 29, 2010, 124 Stat. 2278. -End- -CITE- 25 USC Sec. 458ddd 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part H - National Fund for Excellence in American Indian Education -HEAD- Sec. 458ddd. National Fund for Excellence in American Indian Education -STATUTE- (a) In general As soon as practicable after December 27, 2000, the Secretary of the Interior shall establish, under the laws of the District of Columbia and in accordance with this part, a foundation to be known as the "National Fund for Excellence in American Indian Education" (hereinafter referred to as the "Foundation"). (b) Perpetual existence Except as otherwise provided, the Foundation shall have perpetual existence. (c) Nature of corporation The Foundation shall be a charitable and nonprofit federally chartered corporation and shall not be an agency or instrumentality of the United States. (d) Place of incorporation and domicile The Foundation shall be incorporated and domiciled in the District of Columbia. (e) Purposes The purposes of the Foundation shall be - (1) to encourage, accept, and administer private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in support of, the mission of the Office of Indian Education Programs of the Bureau of Indian Affairs (or its successor office); (2) to undertake and conduct such other activities as will further the educational opportunities of American Indians who attend a Bureau funded school; and (3) to participate with, and otherwise assist, Federal, State, and tribal governments, agencies, entities, and individuals in undertaking and conducting activities that will further the educational opportunities of American Indians attending Bureau funded schools. (f) Board of Directors (1) In general The Board of Directors shall be the governing body of the Foundation. The Board may exercise, or provide for the exercise of, the powers of the Foundation. (2) Selection The number of members of the Board, the manner of their selection (including the filling of vacancies), and their terms of office shall be as provided in the constitution and bylaws of the Foundation. However, the Board shall have at least 11 members, two of whom shall be the Secretary and the Assistant Secretary of the Interior for Indian Affairs, who shall serve as ex officio nonvoting members, and the initial voting members of the Board shall be appointed by the Secretary not later than 6 months after the date that the Foundation is established and shall have staggered terms (as determined by the Secretary). (3) Qualification The members of the Board shall be United States citizens who are knowledgeable or experienced in American Indian education and shall, to the extent practicable, represent diverse points of view relating to the education of American Indians. (4) Compensation Members of the Board shall not receive compensation for their services as members, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the Foundation. (g) Officers (1) In general The officers of the Foundation shall be a secretary, elected from among the members of the Board, and any other officers provided for in the constitution and bylaws of the Foundation. (2) Secretary of Foundation The secretary shall serve, at the direction of the Board, as its chief operating officer and shall be knowledgeable and experienced in matters relating to education in general and education of American Indians in particular. (3) Election The manner of election, term of office, and duties of the officers shall be as provided in the constitution and bylaws of the Foundation. (h) Powers The Foundation - (1) shall adopt a constitution and bylaws for the management of its property and the regulation of its affairs, which may be amended; (2) may adopt and alter a corporate seal; (3) may make contracts, subject to the limitations of this subchapter; (4) may acquire (through a gift or otherwise), own, lease, encumber, and transfer real or personal property as necessary or convenient to carry out the purposes of the Foundation; (5) may sue and be sued; and (6) may perform any other act necessary and proper to carry out the purposes of the Foundation. (i) Principal office The principal office of the Foundation shall be in the District of Columbia. However, the activities of the Foundation may be conducted, and offices may be maintained, throughout the United States in accordance with the constitution and bylaws of the Foundation. (j) Service of process The Foundation shall comply with the law on service of process of each State in which it is incorporated and of each State in which the Foundation carries on activities. (k) Liability of officers and agents The Foundation shall be liable for the acts of its officers and agents acting within the scope of their authority. Members of the Board are personally liable only for gross negligence in the performance of their duties. (l) Restrictions (1) Limitation on spending Beginning with the fiscal year following the first full fiscal year during which the Foundation is in operation, the administrative costs of the Foundation may not exceed 10 percent of the sum of - (A) the amounts transferred to the Foundation under subsection (m) of this section during the preceding fiscal year; and (B) donations received from private sources during the preceding fiscal year. (2) Appointment and hiring The appointment of officers and employees of the Foundation shall be subject to the availability of funds. (3) Status Members of the Board, and the officers, employees, and agents of the Foundation are not, by reason of their association with the Foundation, officers, employees, or agents of the United States. (m) Transfer of donated funds The Secretary may transfer to the Foundation funds held by the Department of the Interior under section 451 of this title, if the transfer or use of such funds is not prohibited by any term under which the funds were donated. (n) Audits The Foundation shall comply with the audit requirements set forth in section 10101 of title 36, as if it were a corporation in part B of subtitle II of that title. -SOURCE- (Pub. L. 93-638, title VIII, Sec. 801, formerly title V, Sec. 501, as added Pub. L. 106-568, title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2936; amended Pub. L. 108-267, Sec. 1(a),(b)(2), July 2, 2004, 118 Stat. 797; renumbered title VIII, Sec. 801, Pub. L. 111- 211, title II, Sec. 231(d)(1), (2), July 29, 2010, 124 Stat. 2278.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in subsec. (h)(3), was in the original "this Act", meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this subchapter (Sec. 450 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables. -MISC1- AMENDMENTS 2004 - Pub. L. 108-267, Sec. 1(b)(2), substituted "National Fund for Excellence in American Indian Education" for "American Indian Education Foundation" in section catchline. Subsec. (a). Pub. L. 108-267, Sec. 1(a), substituted "a foundation to be known as the 'National Fund for Excellence in American Indian Education' (hereinafter referred to as the 'Foundation')" for "the American Indian Education Foundation". -End- -CITE- 25 USC Sec. 458ddd-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part H - National Fund for Excellence in American Indian Education -HEAD- Sec. 458ddd-1. Administrative services and support -STATUTE- (a) Provision of support by Secretary Subject to subsection (b) of this section, during the 5-year period beginning on the date that the Foundation is established, the Secretary - (1) may provide personnel, facilities, and other administrative support services to the Foundation; (2) may provide funds to reimburse the travel expenses of the members of the Board under section 458ddd of this title; and (3) shall require and accept reimbursements from the Foundation for any - (A) services provided under paragraph (1); and (B) funds provided under paragraph (2). (b) Reimbursements Reimbursements accepted under subsection (a)(3) of this section shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing services described in subsection (a)(1) of this section and the travel expenses described in subsection (a)(2) of this section. (c) Continuation of certain services Notwithstanding any other provision of this section, the Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection (a) of this section, on a space available, reimbursable cost basis. -SOURCE- (Pub. L. 93-638, title VIII, Sec. 802, formerly title V, Sec. 502, as added Pub. L. 106-568, title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2938; renumbered title VIII, Sec. 802, and amended Pub. L. 111-211, title II, Sec. 231(d), July 29, 2010, 124 Stat. 2278.) -MISC1- AMENDMENTS 2010 - Subsec. (a)(2). Pub. L. 111-211, Sec. 231(d)(3), substituted "section 458ddd" for "section 458bbb". -End- -CITE- 25 USC Sec. 458ddd-2 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part H - National Fund for Excellence in American Indian Education -HEAD- Sec. 458ddd-2. Definitions -STATUTE- For the purposes of this part - (1) the term "Bureau funded school" has the meaning given that term in title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.]; (2) the term "Foundation" means the Foundation established by the Secretary pursuant to section 458ddd of this title; and (3) the term "Secretary" means the Secretary of the Interior. -SOURCE- (Pub. L. 93-638, title VIII, Sec. 803, formerly title V, Sec. 503, as added Pub. L. 106-568, title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2938; renumbered title VIII, Sec. 803, and amended Pub. L. 111-211, title II, Sec. 231(d), July 29, 2010, 124 Stat. 2278.) -REFTEXT- REFERENCES IN TEXT The Education Amendments of 1978, referred to in par. (1), is Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143. Title XI of the Act is classified principally to chapter 22 (Sec. 2000 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20, Education, and Tables. -MISC1- AMENDMENTS 2010 - Par. (2). Pub. L. 111-211, Sec. 231(d)(3), substituted "section 458ddd" for "section 458bbb". -End- -CITE- 25 USC [SUBCHAPTER III - RESERVED] 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS [SUBCHAPTER III - RESERVED] -HEAD- [SUBCHAPTER III - RESERVED] -End- -CITE- 25 USC SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND -HEAD- SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND -End- -CITE- 25 USC Sec. 459 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND -HEAD- Sec. 459. Submarginal lands of United States held in trust for specified Indian tribes -STATUTE- (a) Declaration; addition to reservations Except as hereinafter provided, all of the right, title, and interest of the United States of America in all of the land, and the improvements now thereon, that was acquired under title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115), and section 55 of the Act of August 24, 1935 (49 Stat. 750, 781), and that are now administered by the Secretary of the Interior for the use or benefit of the Indian tribes identified in section 459a(a) of this title, together with all minerals underlying any such land whether acquired pursuant to such Acts or otherwise owned by the United States, are hereby declared to be held by the United States in trust for each of said tribes, and (except in the case of the Cherokee Nation) shall be a part of the reservations heretofore established for each of said tribes. (b) Imposition of conditions on conveyed lands; lands excepted from conveying authority The property conveyed by this subchapter shall be subject to the appropriation or disposition of any of the lands, or interests therein, within the Pine Ridge Indian Reservation, South Dakota, as authorized by sections 441j to 441o of title 16, and subject to a reservation in the United States of a right to prohibit or restrict improvements or structures on, and to continuously or intermittently inundate or otherwise use, lands in sections 25 and 26, township 48 north, range 3 west, at Odanah, Wisconsin, in connection with the Bad River flood control project as authorized by section 203 of the Act of July 3, 1958 (72 Stat. 297, 311): Provided, That this subchapter shall not convey the title to any part of the lands or any interest therein that prior to October 17, 1975, have been included in the authorized water resources development projects in the Missouri River Basin as authorized by section 203 of the Act of July 3, 1958 (72 Stat. 297, 311), as amended and supplemented: Provided further, That such lands included in Missouri River Basin projects shall be treated as former trust lands are treated. (c) Additional lands held in trust for specified Indian tribes The right, title, and interest of the United States of America in all of the lands, including the improvements now thereon (title to which is in the United States), acquired under title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200), and any subsequent Emergency Relief Appropriation Acts, including but not limited to section 5 of the Emergency Relief Appropriation Act of 1939 (53 Stat. 927, 930) and section 4 of the Emergency Relief Appropriation Act, fiscal year 1941 (54 Stat. 611, 617), together with all minerals underlying any such land whether acquired pursuant to such Acts or otherwise owned by the United States, and which lands are now administered by the Secretary of the Interior for the use or benefit of (1) Ramah Navajo Indians, are hereby declared to be held in trust for the Ramah Band of the Navajo Tribe, and (2) Choctaw Indians of Mississippi, except lands subject to the Act of June 21, 1939 (53 Stat. 851), are hereby declared to be held in trust for the Mississippi Band of Choctaw Indians; excepting valid rights-of-way of record. -SOURCE- (Pub. L. 94-114, Sec. 1, Oct. 17, 1975, 89 Stat. 577; Pub. L. 97- 434, Sec. 1(a), Jan. 8, 1983, 96 Stat. 2280.) -REFTEXT- REFERENCES IN TEXT The National Industrial Recovery Act, referred to in subsecs. (a) and (c), is act June 16, 1933, ch. 90, 48 Stat. 195, as amended. Title II of the Act was classified principally to subchapter I (Sec. 401 et seq.) of chapter 8 of former Title 40, Public Buildings, Property, and Works, and was terminated June 30, 1943 by act June 27, 1942, ch. 450, Sec. 1, 56 Stat. 410. Provisions of title II of the Act which were classified to former Title 40 were repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. For complete classification of this Act to the Code, see Tables. Emergency Relief Appropriation Act of April 8, 1935, referred to in subsec. (a), is act Apr. 8, 1935, ch. 48, 49 Stat. 115, which was not classified to the Code but was listed in the Supplementary Legislation note under section 721 of Title 15, Commerce and Trade. Section 55 of the Act of August 24, 1935, referred to in subsec. (a), is act Aug. 24, 1935, ch. 641, Sec. 55, 49 Stat. 781, as amended, which was not classified to the Code but was listed in the Supplementary Legislation note under section 721 of Title 15. Section 203 of the Act of July 3, 1958, referred to in subsec. (b), is section 203 of Pub. L. 85-500, July 3, 1958, 72 Stat. 311, which was not classified to the Code. Section 5 of the Emergency Relief Appropriation Act of 1939, referred to in subsec. (c), is act June 30, 1939, ch. 252, Sec. 5, 53 Stat. 930, which was not classified to the Code. Section 4 of the Emergency Relief Appropriation Act, fiscal year 1941, referred to in subsec. (c), is act June 26, 1940, ch. 432, Sec. 4, 54 Stat. 617, which was not classified to the Code. Act of June 21, 1939, referred to in subsec. (c), is act June 21, 1939, ch. 235, 53 Stat. 851, which was not classified to the Code. -MISC1- AMENDMENTS 1983 - Subsec. (c). Pub. L. 97-434 added subsec. (c). EFFECTIVE DATE OF 1983 AMENDMENT Section 1(c) of Pub. L. 97-434 provided that: "The amendments made by this Act [amending this section and section 459a of this title] shall be effective upon enactment of this Act [Jan. 8, 1983]." -End- -CITE- 25 USC Sec. 459a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND -HEAD- Sec. 459a. Designation of tribes -STATUTE- (a) Description of lands The lands, declared by section 459(a) of this title to be held in trust by the United States for the benefit of the Indian tribes named in this section, are generally described as follows: Reservation Submarginal land project Approximate donated to said tribe or group acreage -------------------------------------------------------------------- Bad River Bad River LI-WI-8 13,148.81 Blackfeet Blackfeet LI-MT-9 9,036.73 Delaware LI-OK-4 18,749.19 Adair LI-OK-5 Cheyenne River Cheyenne Indian LI-SD-13 3,738.47 Crow Creek Crow Creek LI-SD-10 19,169.89 Lower Brule Lower Brule LI-SD-10 13,209.22 Fort Totten Fort Totten LI-ND-11 1,424.45 Fort Belknap Fort Belknap LI-MT-8 25,530.10 Fort Peck Fort Peck LI-MT-6 85,835.52 Lac Courte Oreilles Lac Courte LI-WI-9 13,184.65 L'Anse L'Anse LI-MI-8 4,016.49 White Earth Twin Lakes LI-MN-6 28,544.80 Flat Lake LI-MN-15 Navajo Gallup-Two Wells LI-NM-18 69,947.24 Pine Ridge Pine Ridge LI-SD-7 18,064.48 Rosebud Cutmeat LI-SD-8 28,734.59 Antelope LI-SD-9 Fort Hall Fort Hall LI-ID-2 8,711.00 Standing Rock Standing Rock LI-ND-10 10,255.50 Standing Rock LI-SD-10 -------------------------------------------------------------------- (b) Publication in Federal Register of boundaries, etc.; estimation of acreages The Secretary of the Interior shall cause to be published in the Federal Register the boundaries and descriptions of the lands conveyed by this subchapter. The acreages set out in the preceding subsection are estimates and shall not be construed as expanding or limiting the grant of the United States as defined in section 459 of this title. -SOURCE- (Pub. L. 94-114, Sec. 2, Oct. 17, 1975, 89 Stat. 578; Pub. L. 97- 434, Sec. 1(b), Jan. 8, 1983, 96 Stat. 2280.) -MISC1- AMENDMENTS 1983 - Subsec. (a). Pub. L. 97-434 substituted "section 459(a) of this title" for "section 459 of this title". EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-434 effective Jan. 8, 1983, see section 1(c) of Pub. L. 97-434, set out as a note under section 459 of this title. -End- -CITE- 25 USC Sec. 459b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND -HEAD- Sec. 459b. Submarginal lands of United States held in trust for Stockbridge Munsee Indian Community -STATUTE- All of the right, title, and interest of the United States in all the minerals including gas and oil underlying the submarginal lands declared to be held in trust for the Stockbridge Munsee Indian Community by the Act of October 9, 1972 (86 Stat. 795), are hereby declared to be held by the United States in trust for the Stockbridge Munsee Indian Community. -SOURCE- (Pub. L. 94-114, Sec. 3(a), Oct. 17, 1975, 89 Stat. 578.) -REFTEXT- REFERENCES IN TEXT Act of October 9, 1972, referred to in text, is Pub. L. 92-480, Oct. 9, 1972, 86 Stat. 795, which was not classified to the Code. -COD- CODIFICATION Section is comprised of section 3(a) of Pub. L. 94-114. Section 3(b) of Pub. L. 94-114 repealed section 2 of Pub. L. 92-480, which related to claims offset involving the Stockbridge Munsee Indian Community and was not classified to the Code. Section 3(c) of Pub. L. 94-114 amended section 5 of Pub. L. 92-488, which related to claims offset involving the Burns Indian Colony and was not classified to the Code. -End- -CITE- 25 USC Sec. 459c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND -HEAD- Sec. 459c. Existing rights of possession, contract, interest, etc. -STATUTE- (a) Preservation; force and effect of mineral leases; rejection of pending applications for leases and return of advance rental payments Nothing in this subchapter shall deprive any person of any existing valid right of possession, contract right, interest, or title he may have in the land involved, or of any existing right of access to public domain lands over and across the land involved, as determined by the Secretary of the Interior. All existing mineral leases, including oil and gas leases, which may have been issued or approved pursuant to section 5 of the Mineral Leasing Act for Acquired Lands of August 7, 1947 (61 Stat. 913, 915) [30 U.S.C. 354], or the Mineral Leasing Act of 1920 (41 Stat. 437) [30 U.S.C. 181 et seq.], as amended prior to October 17, 1975, shall remain in force and effect in accordance with the provisions thereof. All applications for mineral leases, including oil and gas leases, pursuant to such Acts, pending on October 17, 1975, and covering any of the minerals conveyed by sections 459 and 459b of this title shall be rejected and the advance rental payments returned to the applicants. (b) Administration of lands Subject to the provisions of subsection (a) of this section, the property conveyed by this subchapter shall hereafter be administered in accordance with the laws and regulations applicable to property held in trust by the United States for Indian tribes, including but not limited to sections 396a to 396g of this title. -SOURCE- (Pub. L. 94-114, Sec. 4, Oct. 17, 1975, 89 Stat. 578.) -REFTEXT- REFERENCES IN TEXT The Mineral Leasing Act of 1920, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. -End- -CITE- 25 USC Sec. 459d 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND -HEAD- Sec. 459d. Gross receipts from conveyed lands -STATUTE- (a) Deposit to credit of tribe; nonapplicability Any and all gross receipts derived from, or which relate to, the property conveyed by this subchapter, the Act of July 20, 1956 (70 Stat. 581), the Act of August 2, 1956 (70 Stat. 941), the Act of October 9, 1972 (86 Stat. 795), and section 1 of the Act of October 13, 1972 (86 Stat. 806) which were received by the United States subsequent to its acquisition by the United States under the statutes cited in section 459 of this title and prior to such conveyance, from whatever source and for whatever purpose, including but not limited to the receipts in the special fund of the Treasury as required by section 6 of the Mineral Leasing Act for Acquired Lands of August 7, 1947 (61 Stat. 913, 915) [30 U.S.C. 355], shall as of October 17, 1975, be deposited to the credit of the Indian tribe receiving such land and may be expended by the tribe for such beneficial programs as the tribal governing body may determine: Provided, That this section shall not apply to any such receipts received prior to October 17, 1975, from the leasing of public domain minerals which were subject to the Mineral Leasing Act of 1920 (41 Stat. 437) [30 U.S.C. 181 et seq.], as amended and supplemented. (b) Administration of gross receipts All gross receipts (including but not limited to bonuses, rents, and royalties) hereafter derived by the United States from any contract, permit or lease referred to in section 459c(a) of this title, or otherwise, shall be administered in accordance with the laws and regulations applicable to receipts from property held in trust by the United States for Indian tribes. -SOURCE- (Pub. L. 94-114, Sec. 5, Oct. 17, 1975, 89 Stat. 579.) -REFTEXT- REFERENCES IN TEXT Act of July 20, 1956, referred to in subsec. (a), is act July 20, 1956, ch. 645, 70 Stat. 581, as amended, which is set out as a note under section 465 of this title. For complete classification of this Act to the Code, see Tables. Act of August 2, 1956, referred to in subsec. (a), is act Aug. 2, 1956, ch. 886, 70 Stat. 941, which was not classified to the Code. Act of October 9, 1972, referred to in subsec. (a), is Pub. L. 92- 480, Oct. 9, 1972, 86 Stat. 795, which was not classified to the Code. Section 1 of the Act of October 13, 1972, referred to in subsec. (a), is section 1 of Pub. L. 92-488, Oct. 13, 1972, 86 Stat. 806, which was not classified to the Code. For statutes cited in section 459 of this title, referred to in subsec. (a), see text of such section and References in Text note set out thereunder. The Mineral Leasing Act of 1920, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. -End- -CITE- 25 USC Sec. 459e 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND -HEAD- Sec. 459e. Tax exemption for conveyed lands and gross receipts; distribution of gross receipts to tribal members -STATUTE- All property conveyed to tribes pursuant to this subchapter and all the receipts therefrom referred to in section 459d of this title, shall be exempt from Federal, State, and local taxation so long as such property is held in trust by the United States. Any distribution of such receipts to tribal members shall neither be considered as income or resources of such members for purposes of any such taxation nor as income, resources, or otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such member or his household would otherwise be entitled to under the Social Security Act [42 U.S.C. 301 et seq.] or any other Federal or federally assisted program. -SOURCE- (Pub. L. 94-114, Sec. 6, Oct. 17, 1975, 89 Stat. 579.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (Sec. 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. -End- -CITE- 25 USC SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -End- -CITE- 25 USC Sec. 461 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 461. Allotment of land on Indian reservations -STATUTE- On and after June 18, 1934, no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian. -SOURCE- (June 18, 1934, ch. 576, Sec. 1, 48 Stat. 984.) -MISC1- SHORT TITLE OF 2004 AMENDMENT Pub. L. 108-204, Sec. 1(a), Mar. 2, 2004, 118 Stat. 542, provided that: "This Act [amending sections 476, 640d-24, and 712e of this title and provisions set out as notes under section 301 of Title 7, Agriculture, section 7420 of Title 10, Armed Forces, and section 431 of Title 16, Conservation] may be cited as the 'Native American Technical Corrections Act of 2004'." SHORT TITLE Act June 18, 1934, which enacted this section and sections 462, 463, 464, 465, 466 to 470, 471, 472, 473, 474, 475, 476 to 478, and 479 of this title, is popularly known as the "Indian Reorganization Act". -End- -CITE- 25 USC Sec. 462 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 462. Existing periods of trust and restrictions on alienation extended -STATUTE- The existing periods of trust placed upon any Indian lands and any restriction on alienation thereof are extended and continued until otherwise directed by Congress. -SOURCE- (June 18, 1934, ch. 576, Sec. 2, 48 Stat. 984.) -End- -CITE- 25 USC Sec. 462a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 462a. Omitted -COD- CODIFICATION Section, act Apr. 11, 1940, ch. 80, 54 Stat. 106, related to reimposition and extension of trust period on lands of Crow Reservation. -End- -CITE- 25 USC Sec. 463 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 463. Restoration of lands to tribal ownership -STATUTE- (a) Protection of existing rights The Secretary of the Interior, if he shall find it to be in the public interest, is authorized to restore to tribal ownership the remaining surplus lands of any Indian reservation heretofore opened, or authorized to be opened, to sale, or any other form of disposal by Presidential proclamation, or by any of the public-land laws of the United States: Provided, however, That valid rights or claims of any persons to any lands so withdrawn existing on the date of the withdrawal shall not be affected by this Act: Provided further, That this section shall not apply to lands within any reclamation project heretofore authorized in any Indian reservation. (b) Papago Indians; permits for easements, etc. (1), (2) Repealed. May 27, 1955, ch. 106, Sec. 1, 69 Stat. 67. (3) Water reservoirs, charcos, water holes, springs, wells, or any other form of water development by the United States or the Papago Indians shall not be used for mining purposes under the terms of this Act, except under permit from the Secretary of the Interior approved by the Papago Indian Council: Provided, That nothing herein shall be construed as interfering with or affecting the validity of the water rights of the Indians of this reservation: Provided further, That the appropriation of living water heretofore or hereafter affected, by the Papago Indians is recognized and validated subject to all the laws applicable thereto. (4) Nothing herein contained shall restrict the granting or use of permits for easements or rights-of-way; or ingress or egress over the lands for all proper and lawful purposes. -SOURCE- (June 18, 1934, ch. 576, Sec. 3, 48 Stat. 984; Aug. 28, 1937, ch. 866, 50 Stat. 862; May 27, 1955, ch. 106, Sec. 1, 69 Stat. 67.) -REFTEXT- REFERENCES IN TEXT "Heretofore", referred to in subsec. (a), means before June 18, 1934. The public-land laws of the United States, referred to in subsec. (a), are classified generally to Title 43, Public Lands. This Act, referred to in subsecs. (a) and (b)(3), is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -MISC1- AMENDMENTS 1955 - Subsec. (b)(1). Act May 27, 1955, repealed par. (1) which restored lands of Papago Indian Reservation to exploration and location. Subsec. (b)(2). Act May 27, 1955, repealed par. (2) which required person desiring a mineral patent to pay $1 per acre in lieu of annual rental. Subsec. (b)(4). Act May 27, 1955, struck out provisions relating to authority to issue or promulgate rules or regulations in conflict with Executive Order of Feb. 1, 1917 or act of Feb. 21, 1931 (46 Stat. 1202). 1937 - Subsec. (a). Act Aug. 28, 1937, designated existing provisions of first par. as subsec. (a). Subsec. (b)(1). Act Aug. 28, 1937, designated existing provisions of first par. as par. (1), substituted "damages shall be paid to the superintendent or other officer in charge of the reservation for the credit of the owner thereof" for "damages shall be paid to the Papago Tribe" and "to be the fair and reasonable value of such improvement" for "but not to exceed the cost of said improvements" and struck out "and payments derived from damages or rentals shall be deposited in the Treasury of the United States to the credit of the Papago Tribe" after "mining operations,". Subsec. (b)(2). Act Aug. 28, 1937, designated existing provisions of first par. as par. (2), inserted "pay to the superintendent or other officer in charge of the reservation, for" before "deposit", substituted "Provided, That an applicant for patent shall also pay to the Secretary or other officer in charge of the said reservation for the credit of the owner" for "Provided further, That patentee shall also pay into the Treasury of the United States to the credit of the Papago Tribe" substituted "but the sum thus deposited, except for a deduction of rental at the annual rate hereinbefore provided, shall be refunded to the applicant in the event that patent is not acquired" for "the payment of $1.00 per acre for surface use to be refunded to patentee in the event that patent is not acquired" after "determination by the Secretary of the Interior, but not to exceed the cost thereof". Subsec. (b)(3). Act Aug. 28, 1937, added par. (3). Subsec. (b)(4). Act Aug. 28, 1937, designated second par. as par. (4). -TRANS- TRANSFER OF FUNCTIONS Functions of all other officers of Department of the Interior and functions of all agencies and employees of Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- RESTORATION OF VACANT AND UNDISPOSED-OF CEDED LANDS IN CERTAIN INDIAN RESERVATIONS Pub. L. 85-420, May 19, 1958, 72 Stat. 121, provided: "That all lands now or hereafter classified as vacant and undisposed-of ceded lands (including townsite lots) on the following named Indian reservations are hereby restored to tribal ownership, subject to valid existing rights: Reservation and State Approximate acreage -------------------------------------------------------------------- Klamath River, California 159.57 Coeur d'Alene, Idaho 12,877.65 Crow, Montana 10,260.95 Fort Peck, Montana 41,450.13 Spokane, Washington 5,451.00 -------------------------------------------------------------------- Provided, That such restoration shall not apply to any lands while they are within reclamation projects heretofore authorized. "Sec. 2. Title to the lands restored to tribal ownership by this Act shall be held by the United States in trust for the respective tribe or tribes, and such lands are hereby added to and made a part of the existing reservations for such tribe or tribes. "Sec. 3. The lands restored to tribal ownership by this Act may be sold or exchanged by the tribe, with the approval of the Secretary of the Interior." PAPAGO INDIAN RESERVATION Section 1 of act May 27, 1955, provided: "That the provisions with respect to subjection of mineral lands within the Papago Indian Reservation to exploration, location, and entry under the mining laws of the United States in the Executive order dated February 1, 1917, creating the Papago Indian Reservation, and in the third proviso in section 1 of the Act of February 21, 1931 (46 Stat. 1202), and the provisions of subsection (b)(1) and (2) and of the remainder, following the word 'purposes', of subsection (b)(4) of section 3 of the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461-479), as amended by the Act of August 28, 1937 (50 Stat. 862, 863; 25 U.S.C. 463) [this section], are hereby repealed, all tribal lands within the Papago Indian Reservation are hereby withdrawn from all forms of exploration, location, and entry under such laws, the minerals underlying such lands are hereby made a part of the reservation to be held in trust by the United States for the Papago Indian Tribe, and such minerals shall be subject to lease for mining purposes pursuant to the provisions of the Act of May 11, 1938 (52 Stat. 347) [sections 396a to 396g of this title]: Provided, That the provisions of this Act shall not be applicable to lands within the Papago Indian Reservation for which a mineral patent has heretofore been issued or to a claim that has been validly initiated before the date of this Act and thereafter maintained under the mining laws of the United States." -End- -CITE- 25 USC Sec. 463a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 463a. Extension of boundaries of Papago Indian Reservation -STATUTE- Whenever all privately owned lands except mining claims within the following-described area have been purchased and acquired as authorized in sections 463b and 463c of this title, the boundary of the Papago Indian Reservation in Arizona shall be extended to include the west half of section 4; west half of section 9, township 17 south, range 8 east; all of township 18 south, range 2 west, all of fractional township 19 south, range 2 west; and all of fractional townships 18 and 19 south, range 3 west, except sections 6, 7, 18, 19, 30, and 31 in township 18 south, range 3 west, Gila and Salt River meridian. This extension shall not affect any valid rights initiated prior to July 28, 1937, nor the reservation of a strip of land sixty feet wide along the United States-Mexico boundary made by proclamation of the President dated May 27, 1907 (35 Stat. 2136). The lands herein described when added to the Papago Indian Reservation as provided in sections 463a to 463c of this title shall become a part of said reservation in all respects and upon all the same terms as if said lands had been included in the Executive order issued by the President on February 1, 1917: Provided, That lands acquired under sections 463a to 463c of this title shall remain tribal lands and shall not be subject to allotment to individual Indians. -SOURCE- (July 28, 1937, ch. 527, Sec. 1, 50 Stat. 536.) -End- -CITE- 25 USC Sec. 463b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 463b. Purchase of private lands; limitations -STATUTE- The Secretary of the Interior is authorized to purchase for the use and benefit of the Papago Indians with any available funds heretofore or hereafter appropriated, pursuant to authority contained in section 465 of this title, all privately owned lands, water rights, and reservoir site reserves within townships 18 and 19 south, ranges 2 and 3 west, together with all grazing privileges and including improvements upon public lands appurtenant to the so- called Menager Dam property, at the appraised value of $40,016.37. -SOURCE- (July 28, 1937, ch. 527, Sec. 2, 50 Stat. 536.) -End- -CITE- 25 USC Sec. 463c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 463c. Gift of lands by Arizona -STATUTE- The State of Arizona may relinquish in favor of the Papago Indians such tracts within the townships referred to in section 463a of this title as it may see fit and shall have the right to select other unreserved and nonmineral public lands within the State of Arizona equal in area to those relinquished, said lieu selections to be made in the same manner as is provided for in the Enabling Act of June 20, 1910 (36 Stat. 558), or in the discretion of the State of Arizona under the provisions of section 315g of title 43. The payment of fees or commissions is waived in all lieu selections made pursuant to this section. -SOURCE- (July 28, 1937, ch. 527, Sec. 3, 50 Stat. 536.) -REFTEXT- REFERENCES IN TEXT The Enabling Act of June 20, 1910, referred to in text, probably means act June 20, 1910, ch. 310, 36 Stat. 557, which provided that, subject to certain limitations, lieu selections of land in Arizona are to be made pursuant to sections 851 and 852 of Title 43, Public Lands. Section 315g of title 43, referred to in text, was repealed by Pub. L. 94-579, title VII, Sec. 705(a), Oct. 21, 1976, 90 Stat. 2792. -End- -CITE- 25 USC Sec. 463d 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 463d. Restoration of lands in Umatilla Indian Reservation to tribal ownership -STATUTE- The Secretary of the Interior is authorized in his discretion to restore to tribal ownership the undisposed of surplus lands of the Umatilla Indian Reservation, Oregon, heretofore opened to entry or other form of disposal under the public-land laws: Provided, That restoration shall be subject to any existing valid rights. -SOURCE- (Aug. 10, 1939, ch. 662, Sec. 1, 53 Stat. 1351.) -MISC1- INHERITANCE OF TRUST OR RESTRICTED LANDS Pub. L. 95-264, Apr. 18, 1978, 92 Stat. 202, provided: "That the right to inherit trust or restricted land on the Umatilla Indian Reservation, to the extent that the laws of descent of the State of Oregon are inconsistent herewith, shall be as provided herein. "Sec. 2. When any Indian dies leaving any interest in trust or restricted land within the Umatilla Reservation and not having lawfully devised the same, such interest shall descend in equal shares to his or her children and to the issue of any deceased child by right of representation; and if there is no child of the decedent living at the time of his or her death, such interests shall descend to his or her other lineal descendants; and if such descendants are in the same degree of kindred to the intestate, they shall take such real property equally, or otherwise they shall take according to the right of representation. An interest taken hereunder shall be subject to the right of a surviving spouse as provided in section 3. "Sec. 3. The surviving spouse of any Indian who dies leaving any interest in trust or restricted land within the Umatilla Reservation shall be entitled to obtain a one-half interest in all such trust or restricted interests in land during his or her lifetime. "Sec. 4. If any Indian, who leaves any interest in trust or restricted land within the Umatilla Reservation, makes provisions for his or her surviving spouse by an approved will, such surviving spouse shall have an election whether to take the provisions as made in such will or to take the interest as set forth in section 3 of this Act, but such surviving spouse shall not be entitled to both unless it plainly appears by the will to have been so intended by the testator. When any surviving spouse is entitled to an election under this section, he or she shall be deemed to have elected to take the provisions as made in such will unless, at or prior to the first hearing to probate the will, he or she has elected to take under section 3 of this Act and not under the will. "Sec. 5. The provisions of this Act shall apply to all estates of decedents who die on or after the date of enactment of this Act [Apr. 18, 1978]." CONVEYANCE OF LANDS TO STIMULATE INDUSTRIAL DEVELOPMENT Pub. L. 85-186, Aug. 28, 1957, 71 Stat. 468, provided: "That, upon request of any Indian tribe, group, or corporate entity, and approval of the request by the Secretary of the Interior as provided in this Act, the Administrator of the General Services Administration is authorized to transfer, without cost to such Indian tribe, group, or corporate entity, title to any property of the United States at the McNary Dam townsite, Umatilla, Oregon, or at Pickstown, South Dakota, that is declared surplus pursuant to the Federal Property and Administrative Services Act of 1949 (Act of June 30, 1949; 63 Stat. 378), as amended [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts]. Such property shall not be exempt from taxation because of the fact that title is held by the Indian tribe, group, or corporate entity. "Sec. 2. The Secretary of the Interior shall approve a request for surplus property pursuant to this Act only if - "(a) the Indian tribe, group, or corporate entity is organized under State or Federal law in a form satisfactory to the Secretary for the purpose of holding title to the property; "(b) the surplus property is to be used to stimulate industrial development near the Indian tribe, band, group, or reservations; "(c) the Indian tribe, group, or corporate entity has executed a contract with an industrial enterprise that is acceptable to the Secretary; "(d) the contract between the Indian tribe, group, or corporate entity and the industrial enterprise contains such provisions as the Secretary deems desirable, including in substance the following: "(1) Title to the property will remain in the Indian tribe, group, or corporate entity, and the property will be made available to the industrial enterprise at a rental fee commensurate with the purposes of this Act, which rental shall be paid to the United States Treasury. "(2) The industrial enterprise will employ Indians in large enough numbers to justify, in the judgment of the Secretary, the purposes of this Act. "(3) The industrial enterprise will agree to pay its employees fair and equitable wages commensurate with the general wage scale in the area. "(4) The industrial enterprise will maintain the property in good repair, pay all taxes properly assessed against the property, and be responsible for the payment of all charges for utility services to the property. "(5) At the end of the contract period the industry will have an option to purchase the property at its appraised price, as determined by the Secretary, the proceeds of such sale will revert to the United States Treasury. "Sec. 3. Any transfer of title to surplus property pursuant to this Act shall provide for a reversion of title to the United States if the Secretary of the Interior finds that the property is not being used in accordance with the provisions of the Act. "Sec. 4. The United States shall not be responsible for providing to the Indians who are employed in an industrial development pursuant to this Act community services that are normally furnished by State and local governments, such as school, health, welfare, and law-enforcement services. "Sec. 5. The transfer of McNary Dam townsite shall be upon the express condition that persons or families occupying residential property on the date of the enactment of this Act [Aug. 28, 1957] shall be entitled to at least one hundred and eighty days' notice of termination of their occupancy." -End- -CITE- 25 USC Sec. 463e 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 463e. Exchanges of land -STATUTE- For the purpose of effecting land consolidations between Indians and non-Indians within the reservation, the Secretary of the Interior is authorized, under such rules and regulations as he may prescribe, to acquire through purchase, exchange, or relinquishment, any interest in lands, water rights, or surface rights to lands within said reservation. Exchanges of lands hereunder shall be made on the basis of equal value and the value of improvements on lands to be relinquished to the Indians or by Indians to non-Indians shall be given due consideration and allowance made therefor in the valuation of lieu lands. This section shall apply to tribal, trust, or otherwise restricted Indian allotments whether the allottee be living or deceased. -SOURCE- (Aug. 10, 1939, ch. 662, Sec. 2, 53 Stat. 1351.) -End- -CITE- 25 USC Sec. 463f 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 463f. Title to lands -STATUTE- Title to lands or any interest therein acquired pursuant to sections 463d to 463g of this title for Indian use shall be taken in the name of the United States of America in trust for the tribe or individual Indian for which acquired. -SOURCE- (Aug. 10, 1939, ch. 662, Sec. 3, 53 Stat. 1351.) -End- -CITE- 25 USC Sec. 463g 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 463g. Use of funds appropriated under section 465 -STATUTE- For the purpose of carrying into effect the land-purchase provision of sections 463d to 463g of this title, the Secretary of the Interior is authorized to use so much as may be necessary of any funds heretofore or hereafter appropriated pursuant to section 465 of this title. -SOURCE- (Aug. 10, 1939, ch. 662, Sec. 4, 53 Stat. 1351.) -End- -CITE- 25 USC Sec. 464 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 464. Transfer and exchange of restricted Indian lands and shares of Indian tribes and corporations -STATUTE- Except as provided in this Act, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized under this Act shall be made or approved: Provided, That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived, or to a successor corporation: Provided further, That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108-374; 25 U.S.C. 2201 note), lands and shares described in the preceding proviso shall descend or be devised to any member of an Indian tribe or corporation described in that proviso or to an heir or lineal descendant of such a member in accordance with the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.), including a tribal probate code approved, or regulations promulgated under, that Act: Provided further, That the Secretary of the Interior may authorize any voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in the judgment of the Secretary, is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations. -SOURCE- (June 18, 1934, ch. 576, Sec. 4, 48 Stat. 985; Pub. L. 96-363, Sec. 1, Sept. 26, 1980, 94 Stat. 1207; Pub. L. 106-462, title I, Sec. 106(c), Nov. 7, 2000, 114 Stat. 2007; Pub. L. 108-374, Sec. 6(d), Oct. 27, 2004, 118 Stat. 1805; Pub. L. 109-157, Sec. 8(b), Dec. 30, 2005, 119 Stat. 2952; Pub. L. 109-221, title V, Sec. 501(b)(1), May 12, 2006, 120 Stat. 343.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. The Indian Land Consolidation Act, referred to in text, is title II of Pub. L. 97-459, Jan. 12, 1983, 96 Stat. 2517, which is classified generally to chapter 24 (Sec. 2201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. -MISC1- AMENDMENTS 2006 - Pub. L. 109-221 amended section catchline and text generally. Prior to amendment, text related to transfer and exchange of restricted Indian land and shares of Indian tribes and corporations. 2005 - Pub. L. 109-157 amended section catchline and text generally. Prior to amendment, text related to transfer of restricted Indian lands or shares in assets of Indian tribes or corporation and exchange of lands. 2004 - Pub. L. 108-374, Sec. 6(d)(1), (2), in first proviso, struck out ", in accordance with the then existing laws of the State, or Federal laws where applicable, in which said lands are located or in which the subject matter of the corporation is located," after "descend or be devised" and ", except as provided by the Indian Land Consolidation Act, any other Indian person for whom the Secretary of the Interior determines that the United States may hold land in trust:" after "lineal descendants of such member or". Pub. L. 108-374, Sec. 6(d)(3), which directed insertion of "in accordance with the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) (including a tribal probate code approved under that Act or regulations promulgated under that Act):" in first proviso without specifying where the insertion was to be made, was executed by making the insertion at end of first proviso, to reflect the probable intent of Congress. 2000 - Pub. L. 106-462, which directed the amendment of this section by substituting "member or, except as provided by the Indian Land Consolidation Act," for "member or:", was executed by making the substitution for "member or" before "any other Indian person" to reflect the probable intent of Congress because the phrase "member or:" did not appear in text. 1980 - Pub. L. 96-363, which directed the amendment of the first proviso of this section by substituting "or any heirs or lineal descendants of such member or any other Indian person for whom the Secretary of the Interior determines that the United States may hold land in trust" for "or any heirs of such members", was executed by making the substitution for "or any heirs of such member" to reflect the probable intent of Congress. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-221 effective as if included in the enactment of Pub. L. 108-374, see section 501(c) of Pub. L. 109- 221, set out as a note under section 348 of this title. EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109-157, Sec. 9, Dec. 30, 2005, 119 Stat. 2953, provided that: "The amendments made by this Act [amending this section, sections 2204 to 2206, 2212, 2214, and 2216 of this title and provisions set out as a note under section 2201 of this title] shall be effective as if included in the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108-374)." EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108-374 applicable on and after the date that is 1 year after June 20, 2005, see section 8(b) of Pub. L. 108- 374, set out as a Notice; Effective Date of 2004 Amendment note under section 2201 of this title. -End- -CITE- 25 USC Sec. 465 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 465. Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax exemption -STATUTE- The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians. For the acquisition of such lands, interests in lands, water rights, and surface rights, and for expenses incident to such acquisition, there is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, a sum not to exceed $2,000,000 in any one fiscal year: Provided, That no part of such funds shall be used to acquire additional land outside of the exterior boundaries of Navajo Indian Reservation for the Navajo Indians in Arizona, nor in New Mexico, in the event that legislation to define the exterior boundaries of the Navajo Indian Reservation in New Mexico, and for other purposes, or similar legislation, becomes law. The unexpended balances of any appropriations made pursuant to this section shall remain available until expended. Title to any lands or rights acquired pursuant to this Act or the Act of July 28, 1955 (69 Stat. 392), as amended (25 U.S.C. 608 et seq.) shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired, and such lands or rights shall be exempt from State and local taxation. -SOURCE- (June 18, 1934, ch. 576, Sec. 5, 48 Stat. 985; Pub. L. 100-581, title II, Sec. 214, Nov. 1, 1988, 102 Stat. 2941.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. Act of July 28, 1955, referred to in text, is act July 28, 1955, ch. 423, 69 Stat. 392, as amended, which is classified to sections 608 to 608c of this title. For complete classification of this Act to the Code, see Tables. -MISC1- AMENDMENTS 1988 - Pub. L. 100-581 inserted "or the Act of July 28, 1955 (69 Stat. 392), as amended (25 U.S.C. 608 et seq.)" after "this Act". PAYSON BAND, YAVAPAI-APACHE INDIAN RESERVATION Pub. L. 92-470, Oct. 6, 1972, 86 Stat. 783, provided: "That (a) a suitable site (of not to exceed eighty-five acres) for a village for the Payson Community of Yavapai-Apache Indians shall be selected in the Tonto National Forest within Gila County, Arizona, by the leaders of the community, subject to approval by the Secretary of the Interior and the Secretary of Agriculture. The site so selected is hereby declared to be held by the United States in trust as an Indian reservation for the use and benefit of the Payson Community of Yavapai-Apache Indians. "(b) The Payson Community of Yavapai-Apache Indians shall be recognized as a tribe of Indians within the purview of the Act of June 18, 1934, as amended (25 U.S.C. 461-479, relating to the protection of Indians and conservation of resources), and shall be subject to all of the provisions thereof." ROCKY BOY'S INDIAN RESERVATION Pub. L. 85-773, Aug. 27, 1958, 72 Stat. 931, provided: "That the land acquired by the United States pursuant to section 5 of the Act of June 18, 1934 (48 Stat. 984) [this section], title to which was conveyed to the United States of America in trust for the Chippewa, Cree, and other Indians of Montana, and thereafter added to the Rocky Boy's Indian Reservation, Montana, by proclamation signed by the Assistant Secretary of the Interior on November 26, 1947, is hereby designated for the exclusive use of the members of the Chippewa Cree Tribe of the Rocky Boy's Reservation, Montana." SEMINOLE INDIAN RESERVATION Act July 20, 1956, ch. 645, 70 Stat. 581, provided: "That the equitable title to the lands and interests in lands together with the improvements thereon, acquired by the United States under authority of title II of the National Industrial Recovery Act, approved June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (49 Stat. 115), and section 55 of the Act entitled 'An Act to amend the Agricultural Adjustment Act, and for other purposes', approved August 24, 1935 (49 Stat. 750, 781), administrative jurisdiction over which was transferred from the Secretary of Agriculture to the Secretary of the Interior by Executive Order Numbered 7868, dated April 15, 1938, for the use of the Seminole Tribe, is hereby conveyed to the Seminole Tribe of Indians in the State of Florida, and such lands and interests are hereby declared to be held by the United States in trust for the Seminole Tribe of Indians in the State of Florida in the same manner and to the same extent as other land held in trust for such tribe. "Sec. 2. The lands declared to be held in trust for the Seminole Tribe of Indians in the State of Florida under the first section of this Act and all lands which have been acquired by the United States for the Seminole Tribe of Indians in the State of Florida under authority of the Act entitled 'An Act to conserve and develop Indian lands and resources; to extend to Indians the right to form business and other organizations; to establish a credit system for Indians; to grant certain rights of home rule to Indians; to provide for vocational education for Indians; and for other purposes' approved June 18, 1934 (48 Stat. 984) [sections 461, 462, 463, 464, 465, 466 to 470, 471, 472, 473, 474, 475, 476 to 478 and 479 of this title], are hereby declared to be a reservation for the use and benefit of such Seminole Tribe in Florida. "Sec. 3. Nothing in this Act shall deprive any Indian of any individual right, ownership, right of possession, or contract right he may have in any land or interest in land referred to in this Act." -End- -CITE- 25 USC Sec. 465a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 465a. Receipt and purchase in trust by United States of land for Klamath Tribe Indians -STATUTE- The Secretary of the Interior is authorized to receive on behalf of the United States from individual members of the Klamath Tribe of Indians voluntarily executed deeds to such lands as said Indians may own in fee simple free from all encumbrances, said lands to be held in trust by the United States for said Indians and their heirs; and, whenever restricted funds are used for the purchase of lands for individual members of the Klamath Tribe of Indians, the Secretary of the Interior is authorized, in his discretion, to take title to said lands in the United States, the same to be held in trust for said individual Indians: Provided, however, That while any of the foregoing lands are held in trust by the United States for said Indians, the same shall be subject to the same restrictions, immunities, and exemptions as homesteads purchased out of trust or restricted funds of individual Indians pursuant to section 412a of this title, except the restrictions, immunities, or exemptions of the second proviso of said section. -SOURCE- (Feb. 24, 1942, ch. 113, Sec. 1, 56 Stat. 121.) -End- -CITE- 25 USC Sec. 465b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 465b. "Klamath Tribe of Indians" defined -STATUTE- As used in this section and section 465a of this title the term "Klamath Tribe of Indians" includes the Klamath and Modoc Tribes, and the Yahooskin Band of Snake Indians. -SOURCE- (Feb. 24, 1942, ch. 113, Sec. 2, 56 Stat. 121.) -End- -CITE- 25 USC Sec. 466 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 466. Indian forestry units; rules and regulations -STATUTE- The Secretary of the Interior is directed to make rules and regulations for the operation and management of Indian forestry units on the principle of sustained-yield management, to restrict the number of livestock grazed on Indian range units to the estimated carrying capacity of such ranges, and to promulgate such other rules and regulations as may be necessary to protect the range from deterioration, to prevent soil erosion, to assure full utilization of the range, and like purposes. -SOURCE- (June 18, 1934, ch. 576, Sec. 6, 48 Stat. 986.) -End- -CITE- 25 USC Sec. 467 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 467. New Indian reservations -STATUTE- The Secretary of the Interior is hereby authorized to proclaim new Indian reservations on lands acquired pursuant to any authority conferred by this Act, or to add such lands to existing reservations: Provided, That lands added to existing reservations shall be designated for the exclusive use of Indians entitled by enrollment or by tribal membership to residence at such reservations. -SOURCE- (June 18, 1934, ch. 576, Sec. 7, 48 Stat. 986.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -End- -CITE- 25 USC Sec. 468 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 468. Allotments or holdings outside of reservations -STATUTE- Nothing contained in this Act shall be construed to relate to Indian holdings of allotments or homesteads upon the public domain outside of the geographic boundaries of any Indian reservation now existing or established hereafter. -SOURCE- (June 18, 1934, ch. 576, Sec. 8, 48 Stat. 986.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -End- -CITE- 25 USC Sec. 469 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 469. Indian corporations; appropriation for organizing -STATUTE- There is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary, but not to exceed $250,000 in any fiscal year, to be expended at the order of the Secretary of the Interior, in defraying the expenses of organizing Indian chartered corporations or other organizations created under this Act. -SOURCE- (June 18, 1934, ch. 576, Sec. 9, 48 Stat. 986.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -End- -CITE- 25 USC Sec. 470 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 470. Revolving fund; appropriation for loans -STATUTE- There is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, the sum of $20,000,000 to be established as a revolving fund from which the Secretary of the Interior, under such rules and regulations as he may prescribe, may make loans to Indian chartered corporations for the purpose of promoting the economic development of such tribes and of their members, and may defray the expenses of administering such loans. Repayment of amounts loaned under this authorization shall be credited to the revolving fund and shall be available for the purposes for which the fund is established. -SOURCE- (June 18, 1934, ch. 576, Sec. 10, 48 Stat. 986; Pub. L. 86-533, Sec. 1(16), June 29, 1960, 74 Stat. 248; Pub. L. 87-250, Sept. 15, 1961, 75 Stat. 520.) -MISC1- AMENDMENTS 1961 - Pub. L. 87-250 substituted "$20,000,000" for "$10,000,000". 1960 - Pub. L. 86-533 repealed provisions which required a report to be made annually to the Congress of transactions under the authorization. REVOLVING FUND: INTEREST-FREE LOANS TO KLAMATH INDIANS; REFINANCING LENDING AGENCY LOANS Use of Revolving Loan Fund for Indians to assist Klamath Indians during period for terminating Federal supervision, see note set out under section 564 of this title. Funds to be administered as a single Indian Revolving Loan Fund after Apr. 12, 1974, see section 1461 of this title. -End- -CITE- 25 USC Sec. 470a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 470a. Interest charges covered into revolving fund -STATUTE- Interest or other charges heretofore or hereafter collected on loans shall be credited to the revolving fund created by section 470 of this title and shall be available for the establishment of a revolving fund for the purpose of making and administering loans to Indian-chartered corporations in accordance with the Act of June 18, 1934 (48 Stat. 986) [25 U.S.C. 461 et seq.], and of making and administering loans to individual Indians and to associations or corporate groups of Indians of Oklahoma in accordance with the Act of June 26, 1936 (49 Stat. 1967) [25 U.S.C. 501 et seq.]. -SOURCE- (June 28, 1941, ch. 259, Sec. 1, 55 Stat. 316.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. Act of June 26, 1936, referred to in text, popularly known as the Oklahoma Welfare Act, is classified generally to subchapter VIII (Sec. 501 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 501 of this title and Tables. -End- -CITE- 25 USC Sec. 471 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 471. Vocational and trade schools; appropriation for tuition -STATUTE- There is authorized to be appropriated, out of any funds in the United States Treasury not otherwise appropriated, a sum not to exceed $250,000 annually, together with any unexpended balances of previous appropriations made pursuant to this section, for loans to Indians for the payment of tuition and other expenses in recognized vocational and trade schools: Provided, That not more than $50,000 of such sum shall be available for loans to Indian students in high schools and colleges. Such loans shall be reimbursable under rules established by the Commissioner of Indian Affairs. -SOURCE- (June 18, 1934, ch. 576, Sec. 11, 48 Stat. 986.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 472 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 472. Standards for Indians appointed to Indian Office -STATUTE- The Secretary of the Interior is directed to establish standards of health, age, character, experience, knowledge, and ability for Indians who may be appointed, without regard to civil-service laws, to the various positions maintained, now or hereafter, by the Indian Office, in the administration of functions or services affecting any Indian tribe. Such qualified Indians shall hereafter have the preference to appointment to vacancies in any such positions. -SOURCE- (June 18, 1934, ch. 576, Sec. 12, 48 Stat. 986.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- CONVERSION TO CAREER APPOINTMENT Status of Indian appointed to Federal service under excepted appointment to be converted to career appointment in competitive service after three years of continuous service and satisfactory performance, see section 450i(m) of this title. -End- -CITE- 25 USC Sec. 472a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 472a. Indian preference laws applicable to Bureau of Indian Affairs and Indian Health Service positions -STATUTE- (a) Establishment of retention categories for purposes of reduction- in-force procedures For purposes of applying reduction-in-force procedures under subsection (a) of section 3502 of title 5 with respect to positions within the Bureau of Indian Affairs and the Indian Health Service, the competitive and excepted service retention registers shall be combined, and any employee entitled to Indian preference who is within a retention category established under regulations prescribed under such subsection to provide due effect to military preference shall be entitled to be retained in preference to other employees not entitled to Indian preference who are within such retention category. (b) Reassignment of employees other than to positions in higher grades; authority to make determinations respecting (1) The Indian preference laws shall not apply in the case of any reassignment within the Bureau of Indian Affairs or within the Indian Health Service (other than to a position in a higher grade) of an employee not entitled to Indian preference if it is determined that under the circumstances such reassignment is necessary - (A) to assure the health or safety of the employee or of any member of the employee's household; (B) in the course of a reduction in force; or (C) because the employee's working relationship with a tribe has so deteriorated that the employee cannot provide effective service for such tribe or the Federal Government. (2) The authority to make any determination under subparagraph (A), (B), or (C) of paragraph (1) is vested in the Secretary of the Interior with respect to the Bureau of Indian Affairs and the Secretary of Health and Human Services with respect to the Indian Health Service, and, notwithstanding any other provision of law, the Secretary involved may not delegate such authority to any individual other than a Deputy Secretary or Assistant Secretary of the respective department. (c) Waiver of applicability in personnel actions; scope, procedures, etc. (1) Notwithstanding any provision of the Indian preference laws, such laws shall not apply in the case of any personnel action respecting an applicant or employee not entitled to Indian preference if each tribal organization concerned grants, in writing, a waiver of the application of such laws with respect to such personnel action. (2) The provisions of section 8336(j) of title 5 shall not apply to any individual who has accepted a waiver with respect to a personnel action pursuant to paragraph (1) of this subsection or to section 2011(f) (!1) of this title. (d) Placement of non-Indian employees in other Federal positions; assistance of Office of Personnel Management; cooperation of other Federal agencies The Office of Personnel Management shall provide all appropriate assistance to the Bureau of Indian Affairs and the Indian Health Service in placing non-Indian employees of such agencies in other Federal positions. All other Federal agencies shall cooperate to the fullest extent possible in such placement efforts. (e) Definitions For purposes of this section - (1) The term "tribal organization" means - (A) the recognized governing body of any Indian tribe, band, nation, pueblo, or other organized community, including a Native village (as defined in section 1602(c) of title 43); or (B) in connection with any personnel action referred to in subsection (c)(1) of this section, any legally established organization of Indians which is controlled, sanctioned, or chartered by a governing body referred to in subparagraph (A) of this paragraph and which has been delegated by such governing body the authority to grant a waiver under such subsection with respect to such personnel action. (2) The term "Indian preference laws" means section 472 of this title or any other provision of law granting a preference to Indians in promotions and other personnel actions. (3) The term "Bureau of Indian Affairs" means (A) the Bureau of Indian Affairs and (B) all other organizational units in the Department of the Interior directly and primarily related to providing services to Indians and in which positions are filled in accordance with the Indian preference laws. -SOURCE- (Pub. L. 96-135, Sec. 2, Dec. 5, 1979, 93 Stat. 1057; Pub. L. 96- 88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100- 581, title II, Sec. 205, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 101- 509, title V, Sec. 529 [title I, Sec. 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454; Pub. L. 105-362, title VIII, Sec. 801(e), title XIII, Sec. 1302(d), Nov. 10, 1998, 112 Stat. 3288, 3294.) -REFTEXT- REFERENCES IN TEXT Section 2011(f) of this title, referred to in subsec. (c)(2), was in the original a reference to section 1131 of the Education Amendments of 1978, Pub. L. 95-561. Section 1131 of Pub. L. 95-561 was omitted in the general amendment of chapter 22 (Sec. 2001 et seq.) of this title by Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 3979. Pub. L. 103-382 enacted a new section 1131 of Pub. L. 95-561, relating to policy for Indian control of Indian education, which is classified to section 2011 of this title. Provisions relating to waivers of education personnel actions are now contained in section 2012(f) of this title. -MISC1- AMENDMENTS 1998 - Subsec. (d). Pub. L. 105-362, Sec. 801(e)(3), struck out par. (1) designation and struck out par. (2) which read as follows: "The Secretaries of the Interior and Health and Human Services, and the Director of the Office of Personnel Management shall each submit a report to Congress following the close of each fiscal year with respect to the actions which they took in such fiscal year to place non-Indian employees of the Bureau of Indian Affairs and the Indian Health Service in other Federal positions." Pub. L. 105-362, Sec. 801(e)(1), (2), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: "The Secretaries of the Interior and Health and Human Services shall each submit to the Congress a report following the close of each fiscal year with respect to the actions which they took in such fiscal year to recruit and train Indians to qualify such Indians for positions which are subject to preference under the Indian preference laws. Such report shall also include information as to the grade levels and occupational classifications of Indian and non- Indian employees in the Bureau of Indian Affairs and the Indian Health Service." Subsec. (e). Pub. L. 105-362, Sec. 1302(d), which directed the amendment of subsec. (e) by striking out par. (1) designation after "(e)" and striking out par. (2), could not be executed because par. (1) designation did not immediately follow "(e)" subsequent to amendment by Pub. L. 105-362, Sec. 801(e)(2). See above. Pub. L. 105-362, Sec. 801(e)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d). Subsec. (f). Pub. L. 105-362, Sec. 801(e)(2), redesignated subsec. (f) as (e). 1990 - Subsec. (b)(2). Pub. L. 101-509 substituted "a Deputy Secretary" for "an Under Secretary" before "or Assistant Secretary". 1988 - Subsec. (c)(1). Pub. L. 100-581 substituted "an applicant or employee" for "an employee". -CHANGE- CHANGE OF NAME "Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" in subsec. (b)(2) pursuant to section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -MISC2- EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on first day of first pay period beginning on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of the Interior, see section 529 [title I, Sec. 112(e)(1), (2)(B)] of Pub. L. 101-509, set out as a note under section 3404 of Title 20, Education. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 473 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 473. Application generally -STATUTE- The provisions of this Act shall not apply to any of the Territories, colonies, or insular possessions of the United States, except that sections 9, 10, 11, 12, and 16 [25 U.S.C. 469, 470, 471, 472, 476] shall apply to the Territory of Alaska: Provided, That sections 4, 7, 16, 17, and 18 of this Act [25 U.S.C. 464, 467, 476, 477, 478] shall not apply to the following-named Indian tribes, the members of such Indian tribes, together with members of other tribes affiliated with such named tribes located in the State of Oklahoma, as follows: Cheyenne, Arapaho, Apache, Comanche, Kiowa, Caddo, Delaware, Wichita, Osage, Kaw, Otoe, Tonkawa, Pawnee, Ponca, Shawnee, Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac and Fox, Kickapoo, Pottawatomi, Cherokee, Chickasaw, Choctaw, Creek, and Seminole. Section 4 of this Act [25 U.S.C. 464] shall not apply to the Indians of the Klamath Reservation in Oregon. -SOURCE- (June 18, 1934, ch. 576, Sec. 13, 48 Stat. 986; Pub. L. 101-301, Sec. 3(b), May 24, 1990, 104 Stat. 207.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -MISC1- AMENDMENTS 1990 - Pub. L. 101-301 substituted "sections 4," for "sections 2, 4," in proviso. ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 473a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 473a. Application to Alaska -STATUTE- Sections 461, 465, 467, 468, 475, 477, and 479 of this title shall after May 1, 1936, apply to the Territory of Alaska: Provided, That groups of Indians in Alaska not recognized prior to May 1, 1936, as bands or tribes, but having a common bond of occupation, or association, or residence within a well-defined neighborhood, community, or rural district, may organize to adopt constitutions and bylaws and to receive charters of incorporation and Federal loans under sections 470, 476, and 477 of this title. -SOURCE- (May 1, 1936, ch. 254, Sec. 1, 49 Stat. 1250.) -COD- CODIFICATION Section was formerly classified to section 362 of Title 48, Territories and Insular Possessions. -MISC1- ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 474 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 474. Continuation of allowances -STATUTE- The Secretary of the Interior is directed to continue the allowance of the articles enumerated in section 17 of the Act of March 2, 1889 (23 Stat. L. 894), or their commuted cash value under the Act of June 10, 1896 (29 Stat. L. 334), to all Sioux Indians who would be eligible, but for the provisions of this Act, to receive allotments of lands in severalty under section 19 of the Act of May 29, 1908 (25 Stat. L. 451), or under any prior Act, and who have the prescribed status of the head of a family or single person over the age of eighteen years, and his approval shall be final and conclusive, claims therefor to be paid as formerly from the permanent appropriation made by said section 17 and carried on the books of the Treasury for this purpose. No person shall receive in his own right more than one allowance of the benefits, and application must be made and approved during the lifetime of the allottee or the right shall lapse. Such benefits shall continue to be paid upon such reservation until such such time as the lands available therein for allotment on June 18, 1934, would have been exhausted by the award to each person receiving such benefits of an allotment of eighty acres of such land. -SOURCE- (June 18, 1934, ch. 576, Sec. 14, 48 Stat. 987.) -REFTEXT- REFERENCES IN TEXT Section 17 of the Act of March 2, 1889, referred to in text, probably means section 17 of act Mar. 2, 1889, ch. 405, 25 Stat. 894, which contains a proviso that each head of family or single person over the age of eighteen years of the Sioux Nation of Indians, "who shall have or may hereafter take his or her allotment of land in severalty, shall be provided with two milch cows, one pair of oxen, with yoke and chain, or two mares and one set of harness in lieu of said oxen, yoke and chain, as the Secretary of the Interior may deem advisable, and they shall also receive one plow, one wagon, one harrow, one hoe, one axe, and one pitchfork, all suitable to the work they may have to do, and also fifty dollars in cash; to be expended under the direction of the Secretary of the Interior in aiding such Indians to erect a house and other buildings suitable for residence or the improvement of his allotment; no sales, barters or bargains shall be made by any person other than said Indians with each other, of any of the personal property hereinbefore provided for, and any violation of this provision shall be deemed a misdemeanor and punished by fine not exceeding one hundred dollars, or imprisonment not exceeding one year or both in the discretion of the court." Act of June 10, 1896, referred to in text, is act June 10, 1896, ch. 398, 29 Stat. 334, which contains a provision directing the Secretary of the Interior to ascertain the number of Sioux and Ponca Indians in South Dakota and Nebraska who would not be benefited by the fulfillment of the proviso quoted above from the act of March 2, 1889, and who desire to have the articles of personal property, therein mentioned converted into money, and in lieu of such articles of personal property, or any part thereof he may think proper, to convert or commute the same, or so much thereof as he may think proper, into money, and to pay the amount thereof to such Indians. This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. Section 19 of the Act of May 29, 1908, referred to in text, probably means section 19 of act May 29, 1908, ch. 216, 35 Stat. 451, which authorizes the Secretary of the Interior to cause allotments to be made under the provisions of act Mar. 2, 1889, ch. 405, 25 Stat. 888, to any living children of the Sioux tribe of Indians belonging on any of the Great Sioux reservations affected thereby and who had not prior to May 29, 1908, been allotted, so long as the tribe to which such Indian children belong is possessed of any unallotted tribal or reservation lands. The section further provides that where, for any reason, an Indian did not receive the quantity of land to which he was entitled under the provisions of said act March 2, 1889, the Secretary of the Interior shall cause to be allotted to him sufficient additional lands on the reservation to which he belongs to make, together with the quantity of land theretofore allotted to him, the acreage to which he is entitled under said act March 2, 1889; and in case of the death of any such Indian, the additional lands to which he is of right entitled may be allotted to his heirs: Provided, the tribe to which he belonged is possessed of any unallotted tribal or reservation lands. -MISC1- APPROPRIATIONS Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the title "Civilization of the Sioux (4x950)" effective July 1, 1935, and provided that such portions of any Acts as make permanent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations. -End- -CITE- 25 USC Sec. 475 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 475. Claims or suits of Indian tribes against United States; rights unimpaired -STATUTE- Nothing in this Act shall be construed to impair or prejudice any claim or suit of any Indian tribe against the United States. It is declared to be the intent of Congress that no expenditures for the benefit of Indians made out of appropriations authorized by said sections shall be considered as offsets in any suit brought to recover upon any claim of such Indians against the United States. -SOURCE- (June 18, 1934, ch. 576, Sec. 15, 48 Stat. 987.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -End- -CITE- 25 USC Sec. 475a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 475a. Offsets of gratuities -STATUTE- In all suits now pending in the United States Court of Federal Claims by an Indian tribe or band which have not been tried or submitted, and in any suit hereafter filed in the United States Court of Federal Claims by any such tribe or band, the United States Court of Federal Claims is directed to consider and to offset against any amount found due the said tribe or band all sums expended gratuitously by the United States for the benefit of the said tribe or band; and in all cases now pending or hereafter filed in the United States Court of Federal Claims in which an Indian tribe or band is party plaintiff, wherein the duty of the court is merely to report its findings of fact and conclusions to Congress, the said United States Court of Federal Claims is directed to include in its report a statement of the amount of money which has been expended by the United States gratuitously for the benefit of the said tribe or band: Provided, That expenditures made prior to the date of the law, treaty, agreement, or Executive order under which the claims arise shall not be offset against the claims or claim asserted; and expenditures under the Act of June 18, 1934 (48 Stat. L. 984) [25 U.S.C. 461 et seq.], except expenditures under appropriations made pursuant to section 5 of such Act [25 U.S.C. 465], shall not be charged as offsets against any claim on behalf of an Indian tribe or tribes now pending in the United States Court of Federal Claims or hereafter filed: Provided further, That funds appropriated and expended from tribal funds shall not be construed as gratuities; and this section shall not be deemed to amend or affect the various Acts granting jurisdiction to the United States Court of Federal Claims to hear and determine the claims listed on page 678 of the hearings before the subcommittee of the House Committee on Appropriations on the second deficiency appropriation bill for the fiscal year 1935: And provided further, That no expenditure under any emergency appropriation or allotment made subsequently to March 4, 1933, and generally applicable throughout the United States for relief in stricken agricultural areas, relief from distress caused by unemployment and conditions resulting therefrom, the prosecution of public works and public projects for the relief of unemployment or to increase employment, and for work relief (including the civil-works program) shall be considered in connection with the operation of this section. -SOURCE- (Aug. 12, 1935, ch. 508, Sec. 2, 49 Stat. 596; Pub. L. 97-164, title I, Sec. 160(a)(8), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102- 572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -MISC1- AMENDMENTS 1992 - Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court" wherever appearing. 1982 - Pub. L. 97-164 substituted "United States Claims Court" for "Court of Claims" wherever appearing. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 25 USC Sec. 476 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 476. Organization of Indian tribes; constitution and bylaws and amendment thereof; special election -STATUTE- (a) Adoption; effective date Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effective when - (1) ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the Secretary under such rules and regulations as the Secretary may prescribe; and (2) approved by the Secretary pursuant to subsection (d) of this section. (b) Revocation Any constitution or bylaws ratified and approved by the Secretary shall be revocable by an election open to the same voters and conducted in the same manner as provided in subsection (a) of this section for the adoption of a constitution or bylaws. (c) Election procedure; technical assistance; review of proposals; notification of contrary-to-applicable law findings (1) The Secretary shall call and hold an election as required by subsection (a) of this section - (A) within one hundred and eighty days after the receipt of a tribal request for an election to ratify a proposed constitution and bylaws, or to revoke such constitution and bylaws; or (B) within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws. (2) During the time periods established by paragraph (1), the Secretary shall - (A) provide such technical advice and assistance as may be requested by the tribe or as the Secretary determines may be needed; and (B) review the final draft of the constitution and bylaws, or amendments thereto to determine if any provision therein is contrary to applicable laws. (3) After the review provided in paragraph (2) and at least thirty days prior to the calling of the election, the Secretary shall notify the tribe, in writing, whether and in what manner the Secretary has found the proposed constitution and bylaws or amendments thereto to be contrary to applicable laws. (d) Approval or disapproval by Secretary; enforcement (1) If an election called under subsection (a) of this section results in the adoption by the tribe of the proposed constitution and bylaws or amendments thereto, the Secretary shall approve the constitution and bylaws or amendments thereto within forty-five days after the election unless the Secretary finds that the proposed constitution and bylaws or any amendments are contrary to applicable laws. (2) If the Secretary does not approve or disapprove the constitution and bylaws or amendments within the forty-five days, the Secretary's approval shall be considered as given. Actions to enforce the provisions of this section may be brought in the appropriate Federal district court. (e) Vested rights and powers; advisement of presubmitted budget estimates In addition to all powers vested in any Indian tribe or tribal council by existing law, the constitution adopted by said tribe shall also vest in such tribe or its tribal council the following rights and powers: To employ legal counsel; to prevent the sale, disposition, lease, or encumbrance of tribal lands, interests in lands, or other tribal assets without the consent of the tribe; and to negotiate with the Federal, State, and local governments. The Secretary shall advise such tribe or its tribal council of all appropriation estimates or Federal projects for the benefit of the tribe prior to the submission of such estimates to the Office of Management and Budget and the Congress. (f) Privileges and immunities of Indian tribes; prohibition on new regulations Departments or agencies of the United States shall not promulgate any regulation or make any decision or determination pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq., 48 Stat. 984) as amended, or any other Act of Congress, with respect to a federally recognized Indian tribe that classifies, enhances, or diminishes the privileges and immunities available to the Indian tribe relative to other federally recognized tribes by virtue of their status as Indian tribes. (g) Privileges and immunities of Indian tribes; existing regulations Any regulation or administrative decision or determination of a department or agency of the United States that is in existence or effect on May 31, 1994, and that classifies, enhances, or diminishes the privileges and immunities available to a federally recognized Indian tribe relative to the privileges and immunities available to other federally recognized tribes by virtue of their status as Indian tribes shall have no force or effect. (h) Tribal sovereignty Notwithstanding any other provision of this Act - (1) each Indian tribe shall retain inherent sovereign power to adopt governing documents under procedures other than those specified in this section; and (2) nothing in this Act invalidates any constitution or other governing document adopted by an Indian tribe after June 18, 1934, in accordance with the authority described in paragraph (1). -SOURCE- (June 18, 1934, ch. 576, Sec. 16, 48 Stat. 987; Pub. L. 100-581, title I, Sec. 101, Nov. 1, 1988, 102 Stat. 2938; Pub. L. 103-263, Sec. 5(b), May 31, 1994, 108 Stat. 709; Pub. L. 106-179, Sec. 3, Mar. 14, 2000, 114 Stat. 47; Pub. L. 108-204, title I, Sec. 103, Mar. 2, 2004, 118 Stat. 543.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, and this Act, referred to in subsecs. (f) and (h), is act of June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -COD- CODIFICATION May 31, 1994, referred to in subsec. (g), was in the original "the date of enactment of this Act", which was translated as meaning the date of enactment of Pub. L. 103-263, which enacted subsec. (g) of this section, to reflect the probable intent of Congress. -MISC1- AMENDMENTS 2004 - Subsec. (h). Pub. L. 108-204 added subsec. (h). 2000 - Subsec. (e). Pub. L. 106-179 struck out ", the choice of counsel and fixing of fees to be subject to the approval of the Secretary" after "To employ legal counsel". 1994 - Subsecs. (f), (g). Pub. L. 103-263 added subsecs. (f) and (g). 1988 - Pub. L. 100-581 amended section generally, substituting subsecs. (a) to (e) for two former undesignated pars. DEFINITIONS APPLICABLE Section 102 of title I of Pub. L. 100-581 provided that: "For the purpose of this Act [probably means title I of Pub. L. 100-581 which amended this section and enacted provisions set out below], the term - "(1) 'applicable laws' means any treaty, Executive order or Act of Congress or any final decision of the Federal courts which are applicable to the tribe, and any other laws which are applicable to the tribe pursuant to an Act of Congress or by any final decision of the Federal courts; "(2) 'appropriate tribal request' means receipt in the Area Office of the Bureau of Indian Affairs having administrative jurisdiction over the requesting tribe, of a duly enacted tribal resolution requesting a Secretarial election as well as a copy of the proposed tribal constitution and bylaws, amendment, or revocation action; "(3) 'Secretary' means the Secretary of the Interior." AMENDMENT OF TRIBAL CONSTITUTION AND BYLAWS Section 103 of title I of Pub. L. 100-581 provided that: "Nothing in this Act [probably means title I of Pub. L. 100-581 which amended this section and enacted provisions set out above] is intended to amend, revoke, or affect any tribal constitution, bylaw, or amendment ratified and approved prior to this Act." -End- -CITE- 25 USC Sec. 477 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 477. Incorporation of Indian tribes; charter; ratification by election -STATUTE- The Secretary of the Interior may, upon petition by any tribe, issue a charter of incorporation to such tribe: Provided, That such charter shall not become operative until ratified by the governing body of such tribe. Such charter may convey to the incorporated tribe the power to purchase, take by gift, or bequest, or otherwise, own, hold, manage, operate, and dispose of property of every description, real and personal, including the power to purchase restricted Indian lands and to issue in exchange therefor interests in corporate property, and such further powers as may be incidental to the conduct of corporate business, not inconsistent with law; but no authority shall be granted to sell, mortgage, or lease for a period exceeding twenty-five years any trust or restricted lands included in the limits of the reservation. Any charter so issued shall not be revoked or surrendered except by Act of Congress. -SOURCE- (June 18, 1934, ch. 576, Sec. 17, 48 Stat. 988; Pub. L. 101-301, Sec. 3(c), May 24, 1990, 104 Stat. 207.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-301 substituted "by any tribe" for "by at least one-third of the adult Indians", "by the governing body of such tribe" for "at a special election by a majority vote of the adult Indians living on the reservation", and "twenty-five years any trust or restricted lands" for "ten years any of the land". -End- -CITE- 25 USC Sec. 478 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 478. Acceptance optional -STATUTE- This Act shall not apply to any reservation wherein a majority of the adult Indians, voting at a special election duly called by the Secretary of the Interior, shall vote against its application. It shall be the duty of the Secretary of the Interior, within one year after June 18, 1934, to call such an election, which election shall be held by secret ballot upon thirty days' notice. -SOURCE- (June 18, 1934, ch. 576, Sec. 18, 48 Stat. 988.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -MISC1- EXTENSIONS OF TIME The time for holding an election under this section was extended to June 18, 1936, by act June 15, 1935, ch. 260, Sec. 2, 49 Stat. 378. Act June 15, 1935, ch. 260, Sec. 3, 49 Stat. 378, provided that the periods of trust or the restrictions on alienation of Indian lands should be extended to Dec. 31, 1936, in case of a vote against the application of sections 461, 462, 463, 464, 465, 466 to 470, 471, 472, 473, 474, 475, 476 to 478, and 479 of this title. -End- -CITE- 25 USC Sec. 478-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 478-1. Mandatory application of sections 462 and 477 -STATUTE- Notwithstanding section 478 of this title, sections 462 and 477 of this title shall apply to - (1) all Indian tribes, (2) all lands held in trust by the United States for Indians, and (3) all lands owned by Indians that are subject to a restriction imposed by the United States on alienation of the rights of the Indians in the lands. -SOURCE- (Pub. L. 101-301, Sec. 3(a), May 24, 1990, 104 Stat. 207.) -End- -CITE- 25 USC Sec. 478a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 478a. Procedure -STATUTE- In any election heretofore or hereafter held under the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], on the question of excluding a reservation from the application of the said Act or on the question of adopting a constitution and bylaws or amendments thereto or on the question of ratifying a charter, the vote of a majority of those actually voting shall be necessary and sufficient to effectuate such exclusion, adoption, or ratification, as the case may be: Provided, however, That in each instance the total vote cast shall not be less than 30 per centum of those entitled to vote. -SOURCE- (June 15, 1935, ch. 260, Sec. 1, 49 Stat. 378.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -End- -CITE- 25 USC Sec. 478b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 478b. Application of laws and treaties -STATUTE- All laws, general and special, and all treaty provisions affecting any Indian reservation which has voted or may vote to exclude itself from the application of the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], shall be deemed to have been continuously effective as to such reservation, notwithstanding the passage of said Act of June 18, 1934. Nothing in the Act of June 18, 1934, shall be construed to abrogate or impair any rights guaranteed under any existing treaty with any Indian tribe, where such tribe voted not to exclude itself from the application of said Act. -SOURCE- (June 15, 1935, ch. 260, Sec. 4, 49 Stat. 378.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -End- -CITE- 25 USC Sec. 479 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 479. Definitions -STATUTE- The term "Indian" as used in this Act shall include all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation, and shall further include all other persons of one-half or more Indian blood. For the purposes of this Act, Eskimos and other aboriginal peoples of Alaska shall be considered Indians. The term "tribe" wherever used in this Act shall be construed to refer to any Indian tribe, organized band, pueblo, or the Indians residing on one reservation. The words "adult Indians" wherever used in this Act shall be construed to refer to Indians who have attained the age of twenty- one years. -SOURCE- (June 18, 1934, ch. 576, Sec. 19, 48 Stat. 988.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -MISC1- ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 479a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 479a. Definitions -STATUTE- For the purposes of this title: (!1) (1) The term "Secretary" means the Secretary of the Interior. (2) The term "Indian tribe" means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe. (3) The term "list" means the list of recognized tribes published by the Secretary pursuant to section 479a-1 of this title. -SOURCE- (Pub. L. 103-454, title I, Sec. 102, Nov. 2, 1994, 108 Stat. 4791.) -REFTEXT- REFERENCES IN TEXT This title, referred to in introductory provisions, is title I of Pub. L. 103-454, Nov. 2, 1994, 108 Stat. 4791, which enacted this section, section 479a-1 of this title, and provisions set out as notes below. For complete classification of this title to the Code, see Short Title note below and Tables. -MISC1- SHORT TITLE Section 101 of title I of Pub. L. 103-454 provided that: "This title [enacting this section and section 479a-1 of this title and provisions set out below] may be cited as the 'Federally Recognized Indian Tribe List Act of 1994'." CONGRESSIONAL FINDINGS Section 103 of Pub. L. 103-454 provided that: "The Congress finds that - "(1) the Constitution, as interpreted by Federal case law, invests Congress with plenary authority over Indian Affairs; "(2) ancillary to that authority, the United States has a trust responsibility to recognized Indian tribes, maintains a government-to-government relationship with those tribes, and recognizes the sovereignty of those tribes; "(3) Indian tribes presently may be recognized by Act of Congress; by the administrative procedures set forth in part 83 of the Code of Federal Regulations denominated 'Procedures for Establishing that an American Indian Group Exists as an Indian Tribe;' or by a decision of a United States court; "(4) a tribe which has been recognized in one of these manners may not be terminated except by an Act of Congress; "(5) Congress has expressly repudiated the policy of terminating recognized Indian tribes, and has actively sought to restore recognition to tribes that previously have been terminated; "(6) the Secretary of the Interior is charged with the responsibility of keeping a list of all federally recognized tribes; "(7) the list published by the Secretary should be accurate, regularly updated, and regularly published, since it is used by the various departments and agencies of the United States to determine the eligibility of certain groups to receive services from the United States; and "(8) the list of federally recognized tribes which the Secretary publishes should reflect all of the federally recognized Indian tribes in the United States which are eligible for the special programs and services provided by the United States to Indians because of their status as Indians." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 479a-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 479a-1. Publication of list of recognized tribes -STATUTE- (a) Publication of list The Secretary shall publish in the Federal Register a list of all Indian tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (b) Frequency of publication The list shall be published within 60 days of November 2, 1994, and annually on or before every January 30 thereafter. -SOURCE- (Pub. L. 103-454, title I, Sec. 104, Nov. 2, 1994, 108 Stat. 4792.) -End- -CITE- 25 USC Sec. 480 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 480. Indians eligible for loans -STATUTE- On and after May 10, 1939, no individual of less than one-quarter degree of Indian blood shall be eligible for a loan from funds made available in accordance with the provisions of the Act of June 18, 1934 (48 Stat. 986) [25 U.S.C. 461 et seq.], and the Act of June 26, 1936 (49 Stat. 1967) [25 U.S.C. 501 et seq.]. -SOURCE- (May 10, 1939, ch. 119, Sec. 1, 53 Stat. 698.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. Act of June 26, 1936, referred to in text, popularly known as the Oklahoma Welfare Act, is classified generally to subchapter VIII (Sec. 501 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 501 of this title and Tables. -End- -CITE- 25 USC Sec. 481 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 481. Omitted -COD- CODIFICATION Section, act July 2, 1942, ch. 473, Sec. 1, 56 Stat. 513, which related to an allowance to Indians traveling away from home involved in tribal organization work, was from the Interior Department Appropriation Act, 1943, and was not repeated in subsequent appropriations acts. -End- -CITE- 25 USC Sec. 482 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 482. Revolving fund; loans; regulations -STATUTE- The Secretary of the Interior, or his designated representative, is authorized, under such regulations as the Secretary may prescribe, to make loans from the revolving fund established pursuant to the Acts of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], and June 26, 1936 (49 Stat. 1967) [25 U.S.C. 501 et seq.], to tribes, bands, groups, and individual Indians, not otherwise eligible for loans under said Acts: Provided, That no portion of these funds shall be loaned to Indians of less than one- quarter Indian blood. -SOURCE- (May 7, 1948, ch. 266, 62 Stat. 211.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. Provisions of the Act establishing the revolving fund are set out in section 470 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. Act of June 26, 1936, referred to in text, popularly known as the Oklahoma Welfare Act, is classified generally to subchapter VIII (Sec. 501 et seq.) of this chapter. Provisions of the Act relating to the revolving fund appear in section 506 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 501 of this title and Tables. Funds in the revolving fund authorized by these Acts, and certain other sums, to be administered after Apr. 12, 1974, as a single Indian Revolving Loan Fund, see section 1461 of this title. -End- -CITE- 25 USC Sec. 483 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 483. Sale of land by individual Indian owners -STATUTE- The Secretary of the Interior, or his duly authorized representative, is authorized in his discretion, and upon application of the Indian owners, to issue patents in fee, to remove restrictions against alienation, and to approve conveyances, with respect to lands or interests in lands held by individual Indians under the provisions of the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], or the Act of June 26, 1936 (49 Stat. 1967) [25 U.S.C. 501 et seq.]. -SOURCE- (May 14, 1948, ch. 293, 62 Stat. 236.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. Act of June 26, 1936, referred to in text, popularly known as the Oklahoma Welfare Act, is classified generally to subchapter VIII (Sec. 501 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 501 of this title and Tables. -End- -CITE- 25 USC Sec. 483a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 483a. Mortgages and deeds of trust by individual Indian owners; removal from trust or restricted status; application to Secretary -STATUTE- (a) The individual Indian owners of any land which either is held by the United States in trust for them or is subject to a restriction against alienation imposed by the United States are authorized, subject to approval by the Secretary of the Interior, to execute a mortgage or deed of trust to such land. Such land shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the State or Territory in which the land is located. For the purpose of any foreclosure or sale proceeding the Indian owners shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the proceeding, and any conveyance of the land pursuant to the proceeding shall divest the United States of title to the land. All mortgages and deeds of trust to such land heretofore approved by the Secretary of the Interior are ratified and confirmed. (b) In the event such land is acquired by an Indian or an Indian tribe, such land shall not be removed from trust or restricted status except upon application to the Secretary under existing law. -SOURCE- (Mar. 29, 1956, ch. 107, 70 Stat. 62; Pub. L. 98-608, Sec. 2, Oct. 30, 1984, 98 Stat. 3173; Pub. L. 101-644, title III, Sec. 301(c), Nov. 29, 1990, 104 Stat. 4667.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-644 inserted "tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the" before "State" in second sentence. 1984 - Pub. L. 98-608 designated existing provisions as subsec. (a) and added subsec. (b). -End- -CITE- 25 USC Sec. 484 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 484. Conversion of exchange assignments of tribal lands on certain Sioux reservations into trust titles; trust and tax exemption -STATUTE- From and after July 14, 1954, each grant of exchange assignment of tribal lands on the Cheyenne River Sioux Reservation and the Standing Rock Sioux Reservation shall have the same force and effect, and shall confer the same rights, including all timber, mineral, and water rights now vested in or held by the Cheyenne River Sioux Tribe or the Standing Rock Sioux Tribe, upon the holder or holders thereof, that are conveyed by a trust patent issued pursuant to section 348 of this title, as supplemented, except that the period of trust and tax exemption shall continue until otherwise directed by Congress. -SOURCE- (July 14, 1954, ch. 472, Sec. 1, 68 Stat. 467.) -End- -CITE- 25 USC Sec. 485 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 485. Payment to assignment holders of moneys collected for use of subsurface rights -STATUTE- The Cheyenne River Sioux Tribe and the Standing Rock Sioux Tribe are authorized to pay to each holder of an exchange assignment of tribal lands all moneys collected by the tribe for the lease or use of subsurface rights in such lands. -SOURCE- (July 14, 1954, ch. 472, Sec. 2, 68 Stat. 468.) -End- -CITE- 25 USC Sec. 486 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 486. Regulations -STATUTE- The Secretary of the Interior is authorized to prescribe such regulations as may be necessary to carry out the provisions of sections 484 to 486 of this title. -SOURCE- (July 14, 1954, ch. 472, Sec. 3, 68 Stat. 468.) -End- -CITE- 25 USC Sec. 487 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 487. Spokane Indian Reservation; consolidations of land -STATUTE- (a) Purchase, sale, and exchange For the purpose of effecting consolidations of land situated within the Spokane Indian Reservation in the State of Washington into the ownership of the tribe and of individual tribal members and for the purpose of attaining and preserving an economic land base for Indian use, alleviating problems of Indian heirship and assisting in the productive leasing, disposition, and other use of tribal lands, the Secretary of the Interior is authorized in his discretion to: (1) Purchase for the Spokane Tribe of Indians with any funds of such tribe and to otherwise acquire by gift, exchange, or relinquishment any lands or interest in lands or improvements thereon within the Spokane Indian Reservation. (2) Sell or approve sales of any tribal trust lands, any interest therein or improvements thereon. (3) Exchange any tribal trust lands, including interests therein or improvements thereon, for any lands situated within such reservation. (b) Individual Indian trust lands The Secretary of the Interior is authorized to sell and exchange individual Indian trust lands held in multiple ownership to the Spokane Tribe or to individual members thereof if the sale or exchange is authorized in writing by owners of at least a majority interest in such lands; except that no greater percentage of approval of individual Indians shall be required under this Act than in any other statute of general application approved by Congress. (c) Nontaxability Title to lands, or any interests therein, acquired pursuant to this Act for the Spokane Tribe or individual enrolled members thereof, shall be taken in the name of the United States of America in trust for the tribe or individual Indian, and shall be nontaxable as other tribal and allotted Indian trust lands of the Spokane Reservation. (d) Lands held by mortgage or deed of trust That any tribal land that may be sold pursuant to this Act may, with the approval of the Secretary of the Interior, be encumbered by a mortgage or deed of trust and shall be subject to foreclosure or sale pursuant to the terms of such a mortgage or deed of trust in accordance with the laws of the State of Washington. The United States shall be an indispensable party to any such proceeding with the right of removal of the clause to the United States district court for the district in which the land is located, following the procedure in section 1446 of title 28: Provided, That the United States shall have the right to appeal from any order of remand in the case. (e) Acquisition and sale procedures; land purchase and consolidation program The acquisition and sale of lands for the Spokane Tribe pursuant to this Act shall be upon request of the business council of the Spokane Tribe, evidenced by a resolution adopted in accordance with the constitution and bylaws of the tribe, and shall be in accordance with a land purchase and consolidation plan approved by the Secretary of the Interior, and except as it may otherwise be authorized or prescribed by the Secretary, shall be limited to lands situated within the boundary of the Spokane Reservation. Such acquisition by the Spokane Tribe, or individual members thereof, may be achieved by exchange of lands with Indians or non-Indians as well as outright purchase, with adjusting payments to approximate equal value. Moneys or credits received by the tribe in the sale of lands shall be used for the purchase of other lands, or for such other purpose as may be consistent with the land purchase and consolidation program, approved by the Secretary of the Interior. -SOURCE- (Pub. L. 90-335, Sec. 1(a)-(e), June 10, 1968, 82 Stat. 174; Pub. L. 93-286, May 21, 1974, 88 Stat. 142.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (c), (d), and (e), is Pub. L. 90-335, June 10, 1968, 82 Stat. 174, as amended, which enacted this section and amended section 415 of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section is comprised of subsecs. (a) to (e) of section 1 of Pub. L. 90-335. Subsec. (f) of section 1 of Pub. L. 90-335 amended section 415 of this title. -MISC1- AMENDMENTS 1974 - Subsec. (c). Pub. L. 93-286 substituted "for the Spokane Tribe or individual" for "by the Spokane Tribe or individual", and struck out proviso that the value on nontrust lands, or nontrust interests in land, acquired under this section by the Spokane Tribe during any twelve-month period shall not exceed the value of lands, or interests in land, that passed in any manner from a nontaxable trust status to a taxable fee status within the boundaries of the Spokane Reservation in Stevens County, Washington, during the twelve-month period preceding acquisition by the tribe. -End- -CITE- 25 USC Sec. 488 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 488. Loans to purchasers of highly fractioned land -STATUTE- (a) In general The Secretary of Agriculture is authorized to make loans from the Farmers Home Administration Direct Loan Account created by section 1988(c) (!1) of title 7, and to make and insure loans as provided in sections 1928 (!1) and 1929 of title 7, to any Indian tribe recognized by the Secretary of the Interior or tribal corporation established pursuant to the Indian Reorganization Act (25 U.S.C. 477), which does not have adequate uncommitted funds, to acquire lands or interests therein within the tribe's reservation as determined by the Secretary of the Interior, or within a community in Alaska incorporated by the Secretary pursuant to the Indian Reorganization Act [25 U.S.C. 461 et seq.], for use of the tribe or the corporation or the members of either. Such loans shall be limited to such Indian tribes or tribal corporations as have reasonable prospects of success in their proposed operations and as are unable to obtain sufficient credit elsewhere at reasonable rates and terms to finance the purposes authorized in sections 488 to 494 of this title. (b) Highly fractionated land (1) In general Subject to paragraph (2), the Secretary of Agriculture may make and insure loans in accordance with section 1929 of title 7 to eligible purchasers of highly fractionated land pursuant to section 2204(c) of this title. (2) Exclusion Section 491 of this title shall not apply to trust land, restricted tribal land, or tribal corporation land that is mortgaged in accordance with paragraph (1). -SOURCE- (Pub. L. 91-229, Sec. 1, Apr. 11, 1970, 84 Stat. 120; Pub. L. 110- 234, title V, Sec. 5501, May 22, 2008, 122 Stat. 1161; Pub. L. 110- 246, Sec. 4(a), title V, Sec. 5501, June 18, 2008, 122 Stat. 1664, 1922.) -REFTEXT- REFERENCES IN TEXT Section 1988(c) of title 7, referred to in subsec. (a), was repealed by Pub. L. 104-127, title VII, Sec. 749(a)(1), Apr. 4, 1996, 110 Stat. 1129. Section 1928 of title 7, referred to in subsec. (a), was amended generally by Pub. L. 104-127, title VI, Sec. 605, Apr. 4, 1996, 110 Stat. 1086, and, as so amended, no longer contains provisions relating to insurance of loans. Tribal corporation established by the Indian Reorganization Act (25 U.S.C. 477), referred to in subsec. (a), means a tribal corporation established under act June 18, 1934, ch. 576, Sec. 17, 48 Stat. 988, which is classified to section 477 of this title. The Indian Reorganization Act, referred to in subsec. (a), is act June 18, 1934, ch. 576, 48 Stat. 984, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -COD- CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246. -MISC1- AMENDMENTS 2008 - Pub. L. 110-246, Sec. 5501, inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this 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 an Effective Date note under section 8701 of Title 7, Agriculture. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 489 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 489. Title in trust to United States -STATUTE- Title to land acquired by a tribe or tribal corporation with a loan made or insured pursuant to sections 488 to 494 of this title may, with the approval of the Secretary of the Interior, be taken by the United States in trust for the tribe or tribal corporation. -SOURCE- (Pub. L. 91-229, Sec. 2, Apr. 11, 1970, 84 Stat. 120.) -End- -CITE- 25 USC Sec. 490 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 490. Tribal rights and privileges in connection with loans -STATUTE- A tribe or tribal corporation to which a loan is made or insured pursuant to sections 488 to 494 of this title (1) may waive in writing any immunity from suit or liability which it may possess, (2) may mortgage or otherwise hypothecate trust or restricted property if (a) authorized by its constitution or charter or by a tribal referendum, and (b) approved by the Secretary of the Interior, and (3) shall comply with rules and regulations prescribed by the Secretary of Agriculture in connection with such loans. -SOURCE- (Pub. L. 91-229, Sec. 3, Apr. 11, 1970, 84 Stat. 120.) -End- -CITE- 25 USC Sec. 491 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 491. Mortgaged property governed by State law -STATUTE- Trust or restricted tribal or tribal corporation property mortgaged pursuant to sections 488 to 494 of this title shall be subject to foreclosure and sale or conveyance in lieu of foreclosure, free of such trust or restrictions, in accordance with the laws of the State in which the property is located. -SOURCE- (Pub. L. 91-229, Sec. 4, Apr. 11, 1970, 84 Stat. 120.) -End- -CITE- 25 USC Sec. 492 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 492. Interest rates and taxes -STATUTE- Loans made or insured pursuant to sections 488 to 494 of this title will be subject to the interest rate provisions of section 307(a)(3)(B) of the Consolidated Farmers Home Administration Act of 1961, as amended [7 U.S.C. 1927(a)(3)(B)], and to the provisions of subtitle D of that Act [7 U.S.C. 1981 et seq.] except sections 340 [7 U.S.C. 1990], 341, 342 [7 U.S.C. 1013a], and 343 [7 U.S.C. 1991] thereof: Provided, That section 334 [7 U.S.C. 1984] thereof shall not be construed to subject to taxation any lands or interests therein while they are held by an Indian tribe or tribal corporation or by the United States in trust for such tribe or tribal corporation pursuant to sections 488 to 494 of this title. -SOURCE- (Pub. L. 91-229, Sec. 5, Apr. 11, 1970, 84 Stat. 120; Pub. L. 101- 624, title XVIII, Sec. 1854(a), Nov. 28, 1990, 104 Stat. 3837.) -REFTEXT- REFERENCES IN TEXT The Consolidated Farmers Home Administration Act of 1961, referred to in text, is now the Consolidated Farm and Rural Development Act (Pub. L. 87-128, title III, Aug. 8, 1961, 75 Stat. 307, as amended). Subtitle D of the Consolidated Farm and Rural Development Act is classified principally to subchapter IV (Sec. 1981 et seq.) of chapter 50 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables. Section 341 of that Act is set out as a note under section 1921 of Title 7. -MISC1- AMENDMENTS 1990 - Pub. L. 101-624 substituted "section 307(a)(3)(B)" for "section 307(a)". -End- -CITE- 25 USC Sec. 493 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 493. Reduction of unpaid principal -STATUTE- (a) In general The Secretary of Agriculture may, on the application of the borrower of a loan or loans made under sections 488 to 494 of this title, reduce the unpaid principal balance of such loan or loans to the current fair market value of the land purchased with the proceeds of the loan or loans if - (1) the fair market value of the land has declined by at least 25 percent since such land was purchased by the borrower; (2) the land has been held by the borrower for a period of at least 5 years; and (3) the Secretary of the Interior finds that the borrower has insufficient income to both repay the loan or loans and provide normal tribal governmental services. (b) Fair market value (1) Appraisal Current fair market value under subsection (a) of this section shall be determined through an appraisal by an independent qualified fee appraiser, selected by mutual agreement between the borrower and the Secretary of Agriculture. (2) Costs The cost of appraisals undertaken under paragraph (1) shall be paid by the borrower. (c) Appeals Decisions of the Secretary of Agriculture under this section shall be appealable in accordance with the provisions of section 333B (!1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b). (d) Future applications A borrower that had a loan or loans reduced under this section shall not submit an application for another reduction on such loan or loans for a period of 5 years after the initial reduction. -SOURCE- (Pub. L. 91-229, Sec. 6, as added Pub. L. 101-82, title III, Sec. 303, Aug. 14, 1989, 103 Stat. 583.) -REFTEXT- REFERENCES IN TEXT Section 333B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b), referred to in subsec. (c), was repealed by Pub. L. 103-354, title II, Sec. 281(c), Oct. 13, 1994, 108 Stat. 3233. -COD- CODIFICATION Another section 6 of Pub. L. 91-229 was added by Pub. L. 101-624, title XVIII, Sec. 1854(b), Nov. 28, 1990, 104 Stat. 3837, and is classified to section 494 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 494 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 494. Authorization of appropriations -STATUTE- There are authorized to be appropriated to carry out sections 488 to 494 of this title $8,000,000 for each of the fiscal years 1991 through 1995. -SOURCE- (Pub. L. 91-229, Sec. 6, as added Pub. L. 101-624, title XVIII, Sec. 1854(b), Nov. 28, 1990, 104 Stat. 3837.) -COD- CODIFICATION Another section 6 of Pub. L. 91-229 was added by Pub. L. 101-82, title III, Sec. 303, Aug. 14, 1989, 103 Stat. 583, and is classified to section 493 of this title. -End- -CITE- 25 USC Sec. 494a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES -HEAD- Sec. 494a. Certification of rental proceeds -STATUTE- Notwithstanding any other provision of law, any actual rental proceeds from the lease of land acquired under section 488 of this title certified by the Secretary of the Interior shall be deemed - (1) to constitute the rental value of that land; and (2) to satisfy the requirement for appraisal of that land. -SOURCE- (Pub. L. 109-221, title II, Sec. 203, May 12, 2006, 120 Stat. 341.) -End- -CITE- 25 USC SUBCHAPTER VI - INDIANS OF ALASKA 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VI - INDIANS OF ALASKA -HEAD- SUBCHAPTER VI - INDIANS OF ALASKA -End- -CITE- 25 USC Sec. 495 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VI - INDIANS OF ALASKA -HEAD- Sec. 495. Annette Islands reserved for Metlakahtla Indians -STATUTE- Until otherwise provided by law the body of lands known as Annette Islands, situated in Alexander Archipelago in southeastern Alaska on the north side of Dixon's entrance, is set apart as a reservation for the use of the Metlakahtla Indians, and those people known as Metlakahtlans who, on March 3, 1891, had recently emigrated from British Columbia to Alaska, and such other Alaskan natives as may join them, to be held and used by them in common, under such rules and regulations, and subject to such restrictions, as may be prescribed from time to time by the Secretary of the Interior. -SOURCE- (Mar. 3, 1891, ch. 561, Sec. 15, 26 Stat. 1101.) -COD- CODIFICATION Section was formerly classified to section 358 of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Secs. 496, 497 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VI - INDIANS OF ALASKA -HEAD- Secs. 496, 497. Repealed. -MISC1- Secs. 496, 497. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792. Section 496, act May 1, 1936, ch. 254, Sec. 2, 49 Stat. 1250, authorized Secretary of the Interior to designate as an Indian reservation any area of land which has been reserved for use and occupancy of Indians or Eskimos under sections 280a or 495 of this title, executive order, etc. Section was formerly classified to section 358a of Title 48, Territories and Insular Possessions. Section 497, act May 31, 1938, ch. 304, 52 Stat. 593, authorized Secretary of the Interior to reserve tracts for schools, hospitals, etc., in Alaska for Indians, Eskimos, and Aleuts. Section was formerly classified to section 353a of Title 48. EFFECTIVE DATE OF REPEAL Section 704(a) of Pub. L. 94-579 provided that the repeal is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94-579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of Title 43, Public Lands. -End- -CITE- 25 USC SUBCHAPTER VII - REINDEER INDUSTRY 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- SUBCHAPTER VII - REINDEER INDUSTRY -End- -CITE- 25 USC Sec. 500 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500. Purpose -STATUTE- A necessity for providing means of subsistence for the Eskimos and other natives of Alaska is hereby declared to exist. It is also declared to be the policy of Congress, and the purpose of this subchapter, to establish and maintain for the said natives of Alaska a self-sustaining economy by acquiring and organizing for and on behalf of said natives a reindeer industry or business, by encouraging and developing native activity and responsibility in all branches of the said industry or business, and by preserving the native character of the said industry or business thus established. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 1, 50 Stat. 900.) -COD- CODIFICATION Section was formerly classified to section 250 of Title 48, Territories and Insular Possessions. -MISC1- SHORT TITLE Act Sept. 1, 1937, ch. 897, 500 Stat. 900, as amended, which enacted this subchapter, is popularly known as the "Reindeer Industry Act of 1937". REPEALS Section 17 of act Sept. 1, 1937, provided: "All Acts of Congress or parts thereof which are inconsistent with the provisions of this Act are hereby repealed." AUTHORIZATION OF APPROPRIATIONS Section 16 of act Sept. 1, 1937, authorized the appropriation of $2,000,000 for the use of the Secretary of the Interior in carrying out this subchapter. -End- -CITE- 25 USC Sec. 500a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500a. Acquisition of reindeer and other property -STATUTE- The Secretary of the Interior is hereby authorized and directed, to acquire, in the name of the United States, by purchase or other lawful means, including exercise of the power of eminent domain, for and on behalf of the Eskimos and other natives of Alaska, reindeer, reindeer-range equipment, abattoirs, cold-storage plants, warehouses, and other property, real or personal, the acquisition of which he determines to be necessary to the effectuation of the purposes of this subchapter. Any condemnation proceedings undertaken by virtue of the authority granted in this section shall conform, as nearly as may be, to the procedure provided for the condemnation of real estate by section 3113 of title 40, or to that provided by sections 3114 to 3116 and 3118 of title 40: Provided, That nothing herein contained shall authorize the Secretary of the Interior to consolidate native-owned herds of reindeer with herds owned by others than natives prior to the purchase or acquisition of such herds of others than natives. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 2, 50 Stat. 900.) -COD- CODIFICATION Section was formerly classified to section 250a of Title 48, Territories and Insular Possessions. "Section 3113 of title 40" substituted in text for "the Act of August 1, 1888 (Chapter 728)" and "sections 3114 to 3116 and 3118 of title 40" substituted in text for "the Act of February 26, 1931 (Chapter 307)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. -End- -CITE- 25 USC Sec. 500b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500b. Filing claim of title to reindeer by nonnatives -STATUTE- All persons, other than natives of Alaska, who upon September 1, 1937, claim title to any Alaskan reindeer shall, within one year after September 1, 1937, file in Alaska, with the duly authorized agent or agents of the Secretary of the Interior, declarations of their ownership. Similar declarations concerning Alaskan reindeer acquired by any person not a native of Alaska by purchase or by gift at any time after September 1, 1937, shall be filed as aforesaid within thirty days after the date of such acquisition. Records of all declarations thus filed shall be made and kept open to public inspection in Alaska. If any owner of Alaskan reindeer, to whom the foregoing provisions of this section are applicable, shall fail to file the required declaration within the stated period, he shall be barred thereafter from asserting his claim of title. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 3, 50 Stat. 900.) -COD- CODIFICATION Section was formerly classified to section 250b of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 500c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500c. Acceptance of gifts -STATUTE- The Secretary of the Interior is hereby authorized to receive, in the name of the United States, for and on behalf of said natives of Alaska, gifts made for the purposes of this subchapter. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 4, 50 Stat. 900.) -COD- CODIFICATION Section was formerly classified to section 250c of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 500d 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500d. Acceptance and expenditure of Federal funds -STATUTE- The Secretary of the Interior is hereby authorized to receive and expend, for the purposes of this subchapter, properly authorized loans, grants, or allocations made to him for said purposes by Federal agencies. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 5, 50 Stat. 900.) -COD- CODIFICATION Section was formerly classified to section 250d of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 500e 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500e. Revolving fund; moneys not to be covered into Treasury -STATUTE- Except as herein otherwise specially provided, none of the moneys collected or received by the Secretary of the Interior in his administration of this subchapter shall be paid into the Treasury, but all such moneys shall constitute a revolving fund to be administered by the Secretary of the Interior for the purposes of this subchapter. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 6, 50 Stat. 900.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means act Sept. 1, 1937, which comprises this subchapter. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was formerly classified to section 250e of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 500f 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500f. Management of industry by Secretary; aim of management -STATUTE- The Secretary of the Interior is authorized and directed to organize and manage the reindeer industry or business provided for by this subchapter in such manner as to establish and maintain for said natives of Alaska a complete and self-sustaining economy and to encourage and develop the activity and responsibility of said natives in all branches of said industry or business. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 7, 50 Stat. 900.) -COD- CODIFICATION Section was formerly classified to section 250f of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 500g 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500g. Distribution of reindeer, property, and profits to natives -STATUTE- The Secretary of the Interior is authorized to distribute the reindeer and other property acquired by the United States under this subchapter among the Eskimos or other natives of Alaska, or to corporations, associations, or organizations of said natives, either in the form of gifts or under such conditions as the Secretary of the Interior may prescribe, and to execute and deliver appropriate instruments of title, or to hold and use the same in trust for the use and benefit of said natives, with a view of effecting the widest possible distribution of such reindeer and other property among those natives of Alaska who are in need thereof and who can make proper use of the same: Provided, That during the period of the trust, income derived directly from the sale of reindeer and reindeer products as provided in this subchapter shall be exempt from Federal income taxation. The Secretary of the Interior may from time to time, in such manner as he determines to be proper for effectuating the purposes of this subchapter, distribute among those of said natives or corporations, associations, or other organizations of said natives, who are engaged in said industry or business or for whose subsistence reindeer are necessary, whatever profits may be earned by that part of the industry or business which is owned by the United States and which may, in the judgment of the Secretary of the Interior, be distributed in accordance with sound business practice. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 8, 50 Stat. 901; Pub. L. 99-514, title XVII, Sec. 1709(a), Oct. 22, 1986, 100 Stat. 2783.) -COD- CODIFICATION Section was formerly classified to section 250g of Title 48, Territories and Insular Possessions. -MISC1- AMENDMENTS 1986 - Pub. L. 99-514 inserted proviso directing that during the period of the trust, income derived directly from the sale of reindeer and reindeer products as provided in this subchapter shall be exempt from Federal income taxation. EFFECTIVE DATE OF 1986 AMENDMENT Section 1709(b) of Pub. L. 99-514 provided that: "The amendment made by this section [amending this section] shall take effect as if originally included in the provision of the Act of September 1, 1937, to which such amendment relates." -End- -CITE- 25 USC Sec. 500h 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500h. Grant of administrative powers to organizations of natives -STATUTE- The Secretary of the Interior is hereby authorized to grant, in his discretion and subject to such terms as he may impose, to any corporations, associations, or other organizations of said natives any or all of the powers relating to the administration of the reindeer industry or business herein provided for, upon a finding by him as to each grant that it is in the interests of the said natives of Alaska and will serve the purposes of this subchapter. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 9, 50 Stat. 901.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means act Sept. 1, 1937, which comprises this subchapter. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was formerly classified to section 250h of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 500i 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500i. Alienation of reindeer or interests; penalty -STATUTE- Live reindeer in Alaska, and the increase thereof, acquired by the Secretary of the Interior pursuant to this subchapter, and live reindeer in Alaska, and the increase thereof, owned by the said natives of Alaska or corporations, associations, or other organizations of said natives, however acquired, shall not be sold or transferred, by descent, devise, or in any other manner whatsoever, to anyone other than the said natives of Alaska the United States for and on behalf of said natives, or corporations, associations, or other organizations of said natives, except with the consent in writing of the Secretary of the Interior or his duly authorized agent, stating that such consent is given upon the condition that the reindeer, and any increase thereof, sold or otherwise transferred with said consent, shall either be butchered in the Territory of Alaska within thirty days or shipped out of said Territory and never brought back alive into said Territory. Sales or other transfers of said reindeer, if made without the consent in writing herein required, or, although made with said consent, if followed by failure to comply with the condition therein required, shall be null and void, and shall not pass any title to or right to possession of any reindeer or increase thereof. No stock or other interest in any corporation, association, or other organization of said natives, engaged in or organized for the purposes of engaging in the reindeer industry or business, shall be transferred, by descent, devise, or in any other manner whatsoever, to anyone other than said natives of Alaska, the United States for and on behalf of said natives, or corporations, associations, or other organizations of said natives. Any willful violation of the provisions of this section by any vendee or other transferee shall be punishable by a fine of not more than $500: Provided, That no title to any reindeer, or reindeer products, owned by the United States for and on behalf of the said natives of Alaska, nor any title to reindeer, or reindeer products, owned by any of said natives or said corporations, associations, or other organizations of said natives, nor any stock or other interest in said corporations, associations, or other organizations of said natives, shall be transferred by descent, device,(!1) or in any other manner whatsoever, except pursuant to regulations promulgated by the Secretary of the Interior for the purposes of preserving the native character of the reindeer industry or business in Alaska and effectuating the other purposes of this subchapter: Provided further, That nothing herein contained shall prevent any native of Alaska who owns reindeer or any interest therein through stock ownership, or otherwise, in any corporation or association or other organization owning reindeer, from transferring his reindeer, or any interest therein, to his children or other native relatives by gift, sale, devise, or bequest, or prevent the same from being so transferred or passed by descent. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 10, 50 Stat. 901.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means act Sept. 1, 1937, which comprises this subchapter. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was formerly classified to section 250i of Title 48, Territories and Insular Possessions. -FOOTNOTE- (!1) So in original. Probably should be "devise,". -End- -CITE- 25 USC Sec. 500j 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500j. "Reindeer" defined -STATUTE- "Reindeer" as used in this subchapter shall be understood to include reindeer and such caribou as have been introduced into animal husbandry or have actually joined reindeer herds, and the increase thereof. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 11, 50 Stat. 902.) -COD- CODIFICATION Section was formerly classified to section 250j of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 500k 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500k. Rules and regulations -STATUTE- The Secretary of the Interior is hereby authorized to promulgate such rules and regulations as, in his judgment, are necessary to carry into effect the provisions of this subchapter. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 12, 50 Stat. 902.) -COD- CODIFICATION Section was formerly classified to section 250k of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 500l 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500l. Appointment of natives to administer industry -STATUTE- Whenever, in his judgment, it is practicable and to the best interests of the natives the Secretary shall appoint natives to the supervisory and other positions in the administration of such reindeer industry or business. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 13, 50 Stat. 902.) -COD- CODIFICATION Section was formerly classified to section 250l of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 500m 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500m. Use of public lands; violation -STATUTE- In order to coordinate the use of public lands in Alaska for grazing reindeer with the purposes of this subchapter, the Secretary of the Interior is hereby authorized to regulate the grazing of reindeer upon said lands. He may, in his discretion, define reindeer ranges and regulate the use thereof for grazing reindeer; issue grazing permits; regulate and control all round- ups, handlings, markings, and butcherings of reindeer upon said public lands; and may issue rules and regulations to carry into effect the provisions of this section. Any person who willfully violates any of the rules and regulations promulgated for the purpose of carrying into effect the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not more than one year or by a fine of not more than $500. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 14, 50 Stat. 902.) -COD- CODIFICATION Section was formerly classified to section 250m of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC Sec. 500n 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VII - REINDEER INDUSTRY -HEAD- Sec. 500n. "Natives of Alaska" defined -STATUTE- The term "natives of Alaska" as used herein shall be deemed to mean the native Indians, Eskimos, and Aleuts of whole or part blood inhabiting Alaska at the time of the Treaty of Cession of Alaska to the United States and their descendants of whole or part blood, together with the Indians and Eskimos who, since the year 1867 and prior to September 1, 1937, have migrated into Alaska from the Dominion of Canada, and their descendants of the whole or part blood. -SOURCE- (Sept. 1, 1937, ch. 897, Sec. 15, 50 Stat. 902.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means act Sept. 1, 1937, which comprises this subchapter. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was formerly classified to section 250n of Title 48, Territories and Insular Possessions. -End- -CITE- 25 USC SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE -HEAD- SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE -End- -CITE- 25 USC Sec. 501 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE -HEAD- Sec. 501. Acquisition of agricultural and grazing lands for Indians; title to lands; tax exemption -STATUTE- The Secretary of the Interior is authorized, in his discretion, to acquire by purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing Indian reservations, including trust or otherwise restricted lands now in Indian ownership: Provided, That such lands shall be agricultural and grazing lands of good character and quality in proportion to the respective needs of the particular Indian or Indians for whom such purchases are made. Title to all lands so acquired shall be taken in the name of the United States, in trust for the tribe, band, group, or individual Indian for whose benefit such land is so acquired, and while the title thereto is held by the United States said lands shall be free from any and all taxes, save that the State of Oklahoma is authorized to levy and collect a gross-production tax, not in excess of the rate applied to production from lands in private ownership, upon all oil and gas produced from said lands, which said tax the Secretary of the Interior is authorized and directed to cause to be paid. -SOURCE- (June 26, 1936, ch. 831, Sec. 1, 49 Stat. 1967.) -MISC1- REFERENCES TO THIS SECTION References to this section in subchapter II of chapter 14 of this title deemed to include section 82a of this title, see section 458aaa-10 of this title. SHORT TITLE Act June 26, 1936, ch. 831, 49 Stat. 1967, as amended, which enacted this subchapter, is popularly known as the "Oklahoma Welfare Act" and the "Oklahoma Indian Welfare Act". -End- -CITE- 25 USC Sec. 502 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE -HEAD- Sec. 502. Purchase of restricted Indian lands; preference to Secretary of the Interior; waiver of preference -STATUTE- Whenever any restricted Indian land or interests in land, other than sales or leases of oil, gas, or other minerals therein, are offered for sale, pursuant to the terms of this subchapter or any other Act of Congress, the Secretary of the Interior shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians of the same or any other tribe, at a fair valuation to be fixed by the appraisement satisfactory to the Indian owner or owners, or if offered for sale at auction said Secretary shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians by meeting the highest bid otherwise offered therefor. The preference right of the Secretary to purchase shall be considered as waived where notice of the pendency of sale is given in writing to the Superintendent of the Five Civilized Tribes for at least ten days prior to the date of sale and the Secretary does not within that time exercise the preferential right to purchase. -SOURCE- (June 26, 1936, ch. 831, Sec. 2, 49 Stat. 1967; Aug. 4, 1947, ch. 458, Sec. 10, 61 Stat. 734.) -MISC1- AMENDMENTS 1947 - Act Aug. 4, 1947, provided for waiver of preference by failure to purchase after notice. -End- -CITE- 25 USC Sec. 503 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE -HEAD- Sec. 503. Organization of tribes or bands; constitution; charter; right to participate in revolving credit fund -STATUTE- Any recognized tribe or band of Indians residing in Oklahoma shall have the right to organize for its common welfare and to adopt a constitution and bylaws, under such rules and regulations as the Secretary of the Interior may prescribe. The Secretary of the Interior may issue to any such organized group a charter of incorporation, which shall become operative when ratified by a majority vote of the adult members of the organization voting: Provided, however, That such election shall be void unless the total vote cast be at least 30 per centum of those entitled to vote. Such charter may convey to the incorporated group, in addition to any powers which may properly be vested in a body corporate under the laws of the State of Oklahoma, the right to participate in the revolving credit fund and to enjoy any other rights or privileges secured to an organized Indian tribe under the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.]: Provided, That the corporate funds of any such chartered group may be deposited in any national bank within the State of Oklahoma or otherwise invested, utilized, or disbursed in accordance with the terms of the corporate charter. -SOURCE- (June 26, 1936, ch. 831, Sec. 3, 49 Stat. 1967.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (Sec. 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -End- -CITE- 25 USC Sec. 504 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE -HEAD- Sec. 504. Cooperative associations; charter; purposes; voting rights -STATUTE- Any ten or more Indians, as determined by the official tribal rolls, or Indian descendants of such enrolled members, or Indians as defined in the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], who reside within the State of Oklahoma in convenient proximity to each other may receive from the Secretary of the Interior a charter as a local cooperative association for any one or more of the following purposes: Credit administration, production, marketing, consumers' protection, or land management. The provisions of this subchapter, the regulations of the Secretary of the Interior, and the charters of the cooperative associations issued pursuant thereto shall govern such cooperative associations: Provided, That in those matters not covered by this subchapter, regulations, or charters, the laws of the State of Oklahoma, if applicable, shall govern. In any stock or nonstock cooperative association no one member shall have more than one vote, and membership therein shall be open to all Indians residing within the prescribed district. -SOURCE- (June 26, 1936, ch. 831, Sec. 4, 49 Stat. 1967.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (Sec. 461 et seq.) of this chapter. Provisions of the Act defining "Indian" appear in section 479 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -End- -CITE- 25 USC Sec. 505 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE -HEAD- Sec. 505. Amendment or revocation of charters; suits by and against associations -STATUTE- The charters of any cooperative association organized pursuant to section 504 of this title shall not be amended or revoked by the Secretary except after a majority vote of the membership. Such cooperative associations may sue and be sued in any court of the State of Oklahoma or of the United States having jurisdiction of the cause of action, but a certified copy of all papers filed in any action against a cooperative association in a court of Oklahoma shall be served upon the Secretary of the Interior, or upon an employee duly authorized by him to receive such service. Within thirty days after such service or within such extended time as the trial court may permit, the Secretary of the Interior may intervene in such action or may remove such action to the United States district court. -SOURCE- (June 26, 1936, ch. 831, Sec. 5, 49 Stat. 1968; June 25, 1948, ch. 646, Sec. 29, 62 Stat. 991.) -MISC1- AMENDMENTS 1948 - Act June 25, 1948, struck out provisions relating to procedure for removal. See sections 1441 to 1450 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. -End- -CITE- 25 USC Sec. 506 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE -HEAD- Sec. 506. Loans to individuals and groups; appropriation -STATUTE- The Secretary is authorized to make loans to individual Indians and to associations or corporate groups organized pursuant to this subchapter. For the making of such loans and for expenses of the cooperative associations organized pursuant to this subchapter there shall be appropriated, out of the Treasury of the United States, the sum of $2,000,000. -SOURCE- (June 26, 1936, ch. 831, Sec. 6, 49 Stat. 1968.) -MISC1- REVOLVING FUND: INTEREST-FREE LOANS TO KLAMATH INDIANS; REFINANCING LENDING AGENCY LOANS Use of Revolving Loan Fund for Indians to assist Klamath Indians during period for terminating Federal supervision, see note set out under section 564 of this title. Funds to be administered as a single Indian Revolving Loan Fund after Apr. 12, 1974, see section 1461 of this title. -End- -CITE- 25 USC Sec. 507 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE -HEAD- Sec. 507. Availability and allocation of funds; royalties from mineral deposits -STATUTE- All funds appropriated under the several grants of authority contained in the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], are hereby made available for use under the provisions of this subchapter, and Oklahoma Indians shall be accorded and allocated a fair and just share of any and all funds appropriated after June 26, 1936, under the authorization herein set forth: Provided, That any royalties, bonuses, or other revenues derived from mineral deposits underlying lands purchased in Oklahoma under the authority granted by this subchapter, or by the Act of June 18, 1934, shall be deposited in the Treasury of the United States, and such revenues are made available for expenditure by the Secretary of the Interior for the acquisition of lands and for loans to Indians in Oklahoma as authorized by this subchapter and by the Act of June 18, 1934 (48 Stat. 984). -SOURCE- (June 26, 1936, ch. 831, Sec. 7, 49 Stat. 1968.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (Sec. 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -End- -CITE- 25 USC Sec. 508 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE -HEAD- Sec. 508. Application of provisions to Osage County -STATUTE- This subchapter shall not relate to or affect Osage County, Oklahoma. -SOURCE- (June 26, 1936, ch. 831, Sec. 8, 49 Stat. 1968.) -End- -CITE- 25 USC Sec. 509 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE -HEAD- Sec. 509. Rules and regulations; repeals -STATUTE- The Secretary of the Interior is authorized to prescribe such rules and regulations as may be necessary to carry out the provisions of this subchapter. All Acts or parts of Acts inconsistent with this subchapter are repealed. -SOURCE- (June 26, 1936, ch. 831, Sec. 9, 49 Stat. 1968.) -End- -CITE- 25 USC Sec. 510 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE -HEAD- Sec. 510. Payment of gross production taxes; method -STATUTE- Whenever restricted Indian lands in the State of Oklahoma are subject to gross production tax on minerals, including oil and gas, the Secretary of the Interior, in his discretion, may cause such tax or taxes due the State of Oklahoma to be paid in the manner provided for by the statutes of the State of Oklahoma. -SOURCE- (Aug. 25, 1937, ch. 772, 50 Stat. 806.) -COD- CODIFICATION This section was not enacted as part of act June 26, 1936, ch. 831, 49 Stat. 1967, which comprises this subchapter. -End- -CITE- 25 USC SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND -HEAD- SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND -End- -CITE- 25 USC Sec. 530 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND -HEAD- Sec. 530. Capital reserve fund; interest for administrative expenses -STATUTE- The Secretary of the Interior shall cause to be established on the books of the Treasury, out of any unobligated tribal funds of the Indians of the Klamath Reservation in Oregon (hereinafter referred to as the "Klamath Indians") on deposit in the Treasury of the United States, a capital reserve fund for said Klamath Indians. Such fund shall be created by setting aside the sum of $50,000 for the fiscal year 1937, and shall be augmented by additions of $50,000 for each fiscal year thereafter. Such fund shall be held in the Treasury of the United States and shall bear interest as provided by law. The interest upon such fund shall be used, insofar as it is sufficient, for the payment of the expenses of administration of the Klamath Indian Reservation in Oregon. -SOURCE- (Aug. 28, 1937, ch. 874, Sec. 1, 50 Stat. 872.) -End- -CITE- 25 USC Secs. 531 to 535 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND -HEAD- Secs. 531 to 535. Repealed. -MISC1- Secs. 531 to 535. Repealed. Aug. 13, 1954, ch. 732, Sec. 12, 68 Stat. 721. Sections 531 to 535, act Aug. 28, 1937, ch. 874, Secs. 2-6, 50 Stat. 872, 873, related to revolving loan fund. See section 564 et seq. of this title. EFFECTIVE DATE OF REPEAL Section 12 of act Aug. 13, 1954, provided that the repeal is effective on the date of the transfer of title to tribal property to a trustee, corporation, or other legal entity pursuant to section 564e of this title. -End- -CITE- 25 USC SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS -HEAD- SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS -End- -CITE- 25 USC Sec. 541 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS -HEAD- Sec. 541. Creation of individual credits; authorized purchases -STATUTE- The Secretary of the Interior is authorized and directed from the judgment fund of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians created as the result of the passage of the Act of June 25, 1938, and accrued interest thereon, to credit the sum of $2,000 upon the books of the Office of Indian Affairs, to each person determined by the Secretary of the Interior to be entitled to enrollment upon the annuity roll of said tribes of the Klamath Reservation, Oregon, living on August 7, 1939. The share of each adult member and not to exceed $1,500 of the share of any minor shall be available for expenditure, under such rules and regulations as the Secretary of the Interior may prescribe, for the following purposes: Purchase of land; improvement of lands acquired or already held by the Indian; erection and improvement of suitable homes; repayment of any loans received from the United States or from the Klamath tribal funds; purchase of building material, farming equipment, livestock, feed, food, seed, grain, tools, machinery, implements, household goods, bedding, clothing, and any other equipment or supplies necessary to enable the Indians to fit themselves for or to engage in farming, livestock, industry, or such other pursuits or vocations, including education, as will enable them to become self-supporting; and health purposes: Provided, however, That the funds of the aged, infirm, decrepit, and incapacitated members, and of minors, may be used for their proper maintenance and support. The remainder of the share of each minor Indian shall be held intact until such Indian reaches his majority, when it, together with interest at the rate of 4 per centum per annum, shall be available for expenditure for the purposes specified herein. As herein used, the term "minor" shall include all members of the tribe less than twenty-one years of age, except that minors eighteen years of age or over and who are married or have families of their own to support, shall be regarded as adults. On the death of any enrolled member, adult, or minor, the sum on deposit to his credit shall be distributed as personal property, and shall be available for expenditure by the distributees only for the purposes herein authorized: Provided, however, That of the aforesaid $2,000 to be prorated to each person, $100 shall be paid to each member of said tribes as a per capita payment, free from the aforesaid restrictions, under rules and regulations prescribed by the Secretary of the Interior. -SOURCE- (Aug. 7, 1939, ch. 552, Sec. 1, 53 Stat. 1252.) -REFTEXT- REFERENCES IN TEXT Act of June 25, 1938, referred to in text, probably refers to the Second Deficiency Appropriation Act, fiscal year 1938, act June 25, 1938, ch. 681, Sec. 203(a), 52 Stat. 1156. Section 203(a) of that act provided for an appropriation for payment of judgments rendered by the court of claims and reported to the 75th Congress in Senate Document Numbered 191, and House Documents Numbered 661 and 686. House Document No. 681 listed a judgment in favor of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians in the sum of $5,313,347.32, with interest on a part thereof to date of payment, for the taking of land. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 542 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS -HEAD- Sec. 542. Limitations on remainder of fund -STATUTE- After the segregation provided for in section 541 of this title shall have been made, the remainder of such judgment fund, including interest, shall be available for expenditure subject to the following limitations and conditions: (a) Repealed. Aug. 13, 1954, ch. 732, Sec. 12, 68 Stat. 721. (b) Three hundred and seventy-five thousand dollars for immediate payment in a lump sum of $1,500 to each adult unallotted Indian found to be entitled to payment in lieu of allotment, as authorized in the Act of June 1, 1938 (52 Stat. 605) [25 U.S.C. 551 et seq.]: Provided, That the amount due any minor under the provisions of said subchapter shall be withheld until he becomes an adult, as herein defined, when it shall be paid to him in a lump sum from any funds, principal, or interest, on deposit to the credit of the Klamath Tribe, and section 2 of said Act of June 1, 1938 [25 U.S.C. 552], is amended accordingly. (c) Such moneys as shall remain in the principal fund shall be transferred to and become a part of the capital reserve fund created by section 530 of this title. -SOURCE- (Aug. 7, 1939, ch. 552, Sec. 2, 53 Stat. 1253; Aug. 13, 1954, ch. 732, Sec. 12, 68 Stat. 721.) -REFTEXT- REFERENCES IN TEXT Act of June 1, 1938, referred to in subsec. (b), is act June 1, 1938, ch. 310, 52 Stat. 605, as amended, which is classified generally to subchapter XI (Sec. 551 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables. -MISC1- AMENDMENTS 1954 - Subsec. (a). Act Aug. 13, 1954, repealed subsec. (a) which related to transfer of funds. EFFECTIVE DATE OF 1954 AMENDMENT Section 12 of act Aug. 13, 1954, provided that the amendment made by that section is effective on the date of the transfer of tribal property to a trustee, corporation, or other legal entity pursuant to section 564e of this title. -End- -CITE- 25 USC Sec. 543 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS -HEAD- Sec. 543. Liability of judgment funds for debts -STATUTE- In no event shall any portion of the said judgment fund become liable, payable, or subject to any debt or debts contracted prior to the passage of this subchapter by any Indian of the Klamath Tribe except debts to the United States or to the tribe. -SOURCE- (Aug. 7, 1939, ch. 552, Sec. 3, 53 Stat. 1253.) -End- -CITE- 25 USC Sec. 544 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS -HEAD- Sec. 544. Creation of individual credits; authorized purchases -STATUTE- The Secretary of the Interior be, and he is authorized and directed, from the capital reserve fund deposited in the Treasury of the United States to the credit of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians (hereinafter referred to as the "Klamath Tribes"), said fund being established pursuant to the Act of August 28, 1937 (ch. 874, 50 Stat. 872) [25 U.S.C. 530 et seq.], as augmented by the proceeds of the judgment fund of the Klamath Indians as provided in the Act of August 7, 1939 (ch. 552, 53 Stat. 1252) [25 U.S.C. 541 et seq.], to credit the sum of $500 upon the books of the Office of Indian Affairs, to each person determined by the Secretary of the Interior to be entitled to enrollment upon the annuity roll of said tribes of the Klamath Reservation, Oregon, living upon March 29, 1948. The share of each adult member of the credit so established shall be available for expenditure, under such rules and regulations as the Secretary of the Interior may prescribe, for the following purposes: Purchase of land or interests in land; improvement of lands acquired or already held by the Indian; erection and improvement of suitable homes including household equipment and furnishings; repayment of any loans received from the United States or from the Klamath tribal funds; purchase of building material, feed, seed, and grain; purchase or rehabilitation and repair of farming equipment, tools, trucks, tractors, machinery, and implements; and purchase of any other equipment or supplies necessary to enable the Indians to fit themselves for or to engage in farming, livestock, industry, or such other pursuits or vocations, including education and adult education, as will enable them to become self-supporting; and health, including dental work: Provided, however, That the funds of the aged, infirm, decrepit, and incapacitated members may be used for their proper maintenance and support: Provided further, That during minority the share of each minor Indian shall be available for expenditure only for his education and for health purposes, including dental work, except that in an emergency expenditure of a minor Indian's share may be made for any of the purposes specified in this section and section 545 of this title. As herein used, the term "minor" shall include all members of the tribe who have not attained the age of twenty-one years, except that minors eighteen years of age or over and who are married or have families of their own to support, shall be regarded as adults. On the death of any enrolled member, adult or minor, the sum on deposit to his credit shall be distributed as personal property, and shall be available for expenditure by the distributees only for the purposes herein authorized: And provided further, That each member of the Klamath Tribes honorably discharged from service to the United States in its armed forces shall, upon application to the Commissioner of Indian Affairs, be paid $200 in cash, free from the aforesaid restrictions and in addition to the $500 to be credited to such member as provided in this section. -SOURCE- (Mar. 29, 1948, ch. 160, Sec. 2, 62 Stat. 92.) -REFTEXT- REFERENCES IN TEXT Act of August 28, 1937, referred to in text, is act Aug. 28, 1937, ch. 874, 50 Stat. 872, as amended, which is classified generally to subchapter IX (Sec. 530 et seq.) of this chapter. Act of August 7, 1939, referred to in text, is act Aug. 7, 1939, ch. 552, 53 Stat. 1252, as amended, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION This section was not enacted as part of act Aug. 7, 1939, ch. 552, 53 Stat. 1252, which comprises this subchapter. -MISC1- SHORT TITLE Section 1 of act Mar. 29, 1948, provided: "That this Act [enacting this section and section 545 of this title] shall be known as the 'Klamath Welfare Act'." -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 545 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS -HEAD- Sec. 545. Liability of judgment funds for debts -STATUTE- In no event shall any portion of the funds directed to be credited and paid become liable, payable, or subject to any debt or debts contracted prior to the passage of this section and section 544 of this title by any Indian of the Klamath Tribe, except debts to the United States or to the tribe. -SOURCE- (Mar. 29, 1948, ch. 160, Sec. 3, 62 Stat. 93.) -COD- CODIFICATION This section was not enacted as part of act Aug. 7, 1939, ch. 552, 53 Stat. 1252, which comprises this subchapter. -End- -CITE- 25 USC SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY -HEAD- SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY -End- -CITE- 25 USC Sec. 551 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY -HEAD- Sec. 551. "Klamath Tribe" defined -STATUTE- As used in this subchapter the term "Klamath Tribe" includes the members of the Klamath and Modoc Tribes and the Yahooskin Band of Snakes and all other Indians having rights on the Klamath Indian Reservation in the State of Oregon. -SOURCE- (June 1, 1938, ch. 310, Sec. 1, 52 Stat. 605.) -End- -CITE- 25 USC Sec. 552 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY -HEAD- Sec. 552. Payments in lieu of allotments -STATUTE- Each enrolled member of the Klamath Tribe living on June 1, 1938, who has not received an allotment of land shall be paid the sum of $1,500 from unobligated Klamath tribal funds on deposit in the Treasury of the United States, under such rules and regulations as the Secretary of the Interior shall prescribe, in installments of not to exceed $300 per annum: Provided, That no member of the Klamath Tribe who shall not be enrolled within one year from June 1, 1938, shall receive a payment in lieu of allotment. No member of the Klamath Tribe born after June 1, 1938, shall be entitled to receive any allotment of land or money payment in lieu thereof. -SOURCE- (June 1, 1938, ch. 310, Sec. 2, 52 Stat. 605.) -End- -CITE- 25 USC Sec. 553 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY -HEAD- Sec. 553. Deposit and expenditure of payments -STATUTE- The payments herein authorized shall be deposited to the credit of the individual Indian money accounts of such Indians subject to expenditure by such Indians, under such rules and regulations as the Secretary of the Interior may prescribe for (1) industrial and agricultural assistance, and the construction and improvement of homes, including the purchase of land and interests in land, building material, farming equipment, industrial equipment, trucks, livestock, feed, food, seed, tools, machinery, implements, household goods, bedding, clothing, and any other equipment or supplies necessary to enable the Indians to fit themselves for or to engage in the farming, livestock industry, or such other industrial or agricultural pursuits or avocations as will enable them to become self-supporting; (2) the educational advancement of such Indians; (3) financial assistance in cases of illness, death, or other emergency; (4) the repayment of reimbursable debts previously contracted; or (5) security for or the repayment of loans made to such Indians from any Klamath revolving loan fund now existent or which shall hereafter be created. -SOURCE- (June 1, 1938, ch. 310, Sec. 3, 52 Stat. 605.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means act June 1, 1938, which comprises this subchapter. For complete classification of this Act to the Code, see Tables. -End- -CITE- 25 USC Sec. 554 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY -HEAD- Sec. 554. Disposition of payment on death of Indian -STATUTE- In the event of the death of any such Indian entitled to receive a payment in lieu of allotment after June 1, 1938, any unexpended balance of said $1,500 still due the decedent shall first be applied to the repayment of any loans received by such Indian from the United States or from the Klamath Tribal funds, and the balance thereafter shall be distributed as personal property. -SOURCE- (June 1, 1938, ch. 310, Sec. 4, 52 Stat. 606.) -End- -CITE- 25 USC Sec. 555 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY -HEAD- Sec. 555. Repealed. -MISC1- Sec. 555. Repealed. Aug. 13, 1954, ch. 732, Sec. 9(c), 68 Stat. 721. Section, act June 1, 1938, ch. 310, Sec. 5, 52 Stat. 606, related to devise of restricted or trust property and is now covered by section 564h of this title. -End- -CITE- 25 USC Sec. 556 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY -HEAD- Sec. 556. Reversion of interest in property on death without heirs or devisees -STATUTE- If any enrolled member of the Klamath Tribe dies without lawful heirs or devises,(!1) all interest which such member has in any restricted or trust property within the Klamath Reservation shall revert to and become part of the common tribal property. -SOURCE- (June 1, 1938, ch. 310, Sec. 6, 52 Stat. 606.) -FOOTNOTE- (!1) So in original. Probably should be "devisees,". -End- -CITE- 25 USC SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES -HEAD- SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES -End- -CITE- 25 USC Secs. 561, 562 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES -HEAD- Secs. 561, 562. Omitted -COD- CODIFICATION Sections, which related to fees for general services and medical services, were from the Interior Department Appropriation Act, 1946, July 3, 1945, ch. 262, Sec. 1, 59 Stat. 334, and were not repeated in the Interior Department Appropriation Act of 1947, July 1, 1946, ch. 529, 60 Stat. 348. -End- -CITE- 25 USC Sec. 563 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES -HEAD- Sec. 563. Salaries and expenses for Klamath Tribe Officials -STATUTE- The Secretary of the Interior, or such official as may be designated by him, is authorized, until otherwise directed by Congress, to advance to the tribe or to pay out of any unobligated tribal funds of the Klamath Indians in the Treasury of the United States salaries and expenses of tribal officials or representatives (except the Klamath Loan Fund Board) at rates and/or limitations designated in advance by the Klamath General Council, or any governing body to which it may delegate such authority, and approved by the Secretary of the Interior: Provided, That the length of stay of representatives serving the tribe at the seat of government shall be determined by the Secretary of the Interior. -SOURCE- (May 29, 1953, ch. 86, Sec. 1, 67 Stat. 40.) -MISC1- PRIOR PROVISIONS A prior section 563, acts June 25, 1938, ch. 710, 52 Stat. 1207; Aug. 7, 1939, ch. 519, 53 Stat. 1244; May 15, 1945, ch. 123, 59 Stat. 167, provided for payment of salaries and expenses of Klamath Tribe officials out of tribal funds but limited the amount of such expenditures to $15,000 per annum, prior to repeal by act May 29, 1953, Sec. 2, 67 Stat. 40. -End- -CITE- 25 USC SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -End- -CITE- 25 USC Sec. 564 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564. Purpose -STATUTE- The purpose of this subchapter is to provide for the termination of Federal supervision over the trust and restricted property of the Klamath Tribe of Indians consisting of the Klamath and Modoc Tribes and the Yahooskin Band of Snake Indians, and of the individual members thereof, for the disposition of federally owned property acquired or withdrawn for the administration of the affairs of said Indians, and for a termination of Federal services furnished such Indians because of their status as Indians. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 1, 68 Stat. 718.) -MISC1- REVOLVING FUND: INTEREST-FREE LOANS TO KLAMATH INDIANS; REFINANCING LENDING AGENCY LOANS Pub. L. 86-40, June 11, 1959, 73 Stat. 70, provided: "That the Secretary of the Interior is authorized to make loans, without interest, from the revolving fund authorized by the Acts of June 18, 1934 (48 Stat. 986; 25 U.S.C. 470), and June 26, 1936 (49 Stat. 1968; 25 U.S.C. 506), as amended and supplemented, to members of the Klamath Tribe of Indians who elected to withdraw from the tribe pursuant to the Act of August 13, 1954 (68 Stat. 718; 25 U.S.C. 564), as amended, regardless of the degree of Indian blood of the borrower, and to collect such loans by setoff against funds payable to the borrower pursuant to said Act of August 13, 1954, as amended [this subchapter]. The Secretary is also authorized to refinance from such revolving fund any loan made by a lending agency to a withdrawing Klamath Indian that is secured by encumbrance of his beneficial interest in tribal property with the approval of the Secretary as required by section 4 of said 1954 Act [section 564c of this title], and to include therein a nonreimbursable grant equal to the interest charges incurred by the borrower prior to such refinancing. In the event adequate funds are not available from the revolving fund to refinance a loan by such lending agency, the Secretary is authorized to pay from the revolving fund, without reimbursement, the interest charged on such loan." INDIAN REVOLVING LOAN FUND Certain funds to be administered as a single Indian Revolving Loan Fund after Apr. 12, 1974, see section 1461 of this title. REPEALS; RECOUPMENT OF FUNDS EXPENDED FOR KLAMATH COUNTY SCHOOL BOARD Section 24 of act Aug. 13, 1954, as amended by Pub. L. 85-72, June 29, 1957, 71 Stat. 243, provided that: "All Acts or parts of Acts inconsistent with this Act [this subchapter] are hereby repealed insofar as they affect the tribe or its members. Effective on July 1, 1957, section 2 of the Act of August 19, 1949 (63 Stat. 621, ch. 488) shall become inapplicable to the unrecouped balance of funds expended in cooperation with the school board of Klamath County, Oregon, pursuant to said Act." SEPARABILITY Section 25 of act Aug. 13, 1954, provided that: "If any provision of this Act [this subchapter], or the application thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby." -End- -CITE- 25 USC Sec. 564a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564a. Definitions -STATUTE- For the purposes of this subchapter: (a) "Tribe" means the Klamath Tribe of Indians consisting of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians. (b) "Secretary" means the Secretary of the Interior. (c) "Lands" means real property, interests therein, or improvements thereon, and include water rights. (d) "Tribal property" means any real or personal property, including water rights, or any interest in real or personal property, that belongs to the tribe and either is held by the United States in trust for the tribe or is subject to a restriction against alienation imposed by the United States. (e) "Adult" means a person who is an adult according to the law of the place of his residence. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 2, 68 Stat. 718; Pub. L. 85-132, Sec. 1(f), Aug. 14, 1957, 71 Stat. 348.) -MISC1- AMENDMENTS 1957 - Subsec. (e). Pub. L. 85-132 substituted provision defining adult as a person who is an adult according to the law of the place of his residence, for provision defining adult as a member of the tribe who has attained the age of twenty-one years. -End- -CITE- 25 USC Sec. 564b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564b. Membership roll; closure; preparation and initial publication; appeal from inclusion or omission from roll; finality of determination; final publication -STATUTE- At midnight of August 13, 1954, the roll of the tribe shall be closed and no child born thereafter shall be eligible for enrollment: Provided, That the tribe shall have a period of six months from August 13, 1954, in which to prepare and submit to the Secretary a proposed roll of the members of the tribe living on August 13, 1954, which shall be published in the Federal Register. If the tribe fails to submit such roll within the time specified in this section, the Secretary shall prepare a proposed roll for the tribe, which shall be published in the Federal Register. Any person claiming membership rights in the tribe or an interest in its assets, or a representative of the Secretary on behalf of any such person, may, within ninety days from the date of publication of the proposed roll, file an appeal with the Secretary contesting the inclusion or omission of the name of any person on or from such roll. The Secretary shall review such appeals and his decisions thereon shall be final and conclusive. After disposition of all such appeals, the roll of the tribe shall be published in the Federal Register, and such roll shall be final for the purposes of this subchapter. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 3, 68 Stat. 718.) -End- -CITE- 25 USC Sec. 564c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564c. Personal property rights; restrictions; tax exemption -STATUTE- Upon publication in the Federal Register of the final roll as provided in section 564b of this title, the rights or beneficial interests in tribal property of each person whose name appears on the roll shall constitute personal property which may be inherited or bequeathed, but shall not otherwise be subject to alienation or encumbrance before the transfer of title to such tribal property as provided in section 564e of this title without the approval of the Secretary. Any contract made in violation of this section shall be null and void. Property which this section makes subject to inheritance or bequest and which is inherited or bequeathed after August 13, 1954, and prior to the transfer of title to tribal property as provided in section 564e of this title shall not be subject to State or Federal inheritance, estate, legacy, or succession taxes. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 4, 68 Stat. 718; Pub. L. 85-731, Sec. 2, Aug. 23, 1958, 72 Stat. 818.) -MISC1- AMENDMENTS 1958 - Pub. L. 85-731 inserted provision that property which is inherited or bequeathed after Aug. 13, 1954, and prior to transfer of title to tribal property should not be subject to taxes. REVOLVING FUND: INTEREST-FREE LOANS TO KLAMATH INDIANS; REFINANCING LENDING AGENCY LOANS Use of Revolving Loan Fund for Indians to assist Klamath Indians during period for terminating Federal supervision, see note set out under section 564 of this title. -End- -CITE- 25 USC Sec. 564d 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564d. Management specialists -STATUTE- (a) Employment; duties The Secretary is authorized and directed to select and retain by contract, at the earliest practicable time after August 13, 1954 and after consultation with the tribe at a general meeting called for that purpose, the services of qualified management specialists who shall - (1) cause an appraisal to be made, within not more than twelve months after their employment, or as soon thereafter as practicable, of all tribal property showing its fair market value by practicable logging or other appropriate economic units; (2) immediately after the appraisal of the tribal property and approval of the appraisal by the Secretary, give to each member whose name appears on the final roll of the tribe an opportunity to elect to withdraw from the tribe and have his interest in tribal property converted into money and paid to him, or to remain in the tribe and participate in the tribal management plan to be prepared pursuant to paragraph (5) of this subsection; in the case of members who are minors, persons declared incompetent by judicial proceedings, or deceased, the opportunity to make such election on their behalf shall be given to the person designated by the Secretary as the person best able to represent the interests of such member: Provided, however, That any member, or any heir or any devisee of any deceased member, for whom the Secretary has so designated a representative may (on his own behalf, through his natural guardian, or next friend) within one hundred and twenty days after receipt of written notice of such secretarial designation, contest the secretarial designation in any naturalization court for the area in which such member resides, by filing of a petition therein requesting designation of a named person other than the secretarial designee, and the burden shall thereupon devolve upon the Secretary to show cause why the member-designated representative should not represent the interests of such member, and the decision of such court shall be final and conclusive; (3) determine and select the portion of the tribal property which if sold at the appraised value would provide sufficient funds to pay the members who elect to have their interests converted into money, arrange for the sale of such property, and distribute the proceeds of sale among the members entitled thereto: Provided, That any person whose name appears on the final roll of the tribe, or a guardian on behalf of any such person who is a minor or an incompetent, shall have the right to purchase, for his or its own account but not as an agent for others, any of such property in lots as offered for sale for not less than the highest offer received by competitive bid; any individual Indian purchaser who has elected to withdraw from the tribe may apply toward the purchase price up to 100 per centum of the amount estimated by the Secretary to be due him from the sale or taking of forest and marsh land pursuant to subsection (b), (d), and (f) of section 564w-1 of this title, and up to 75 per centum of the amount estimated by the Secretary to be due him from the conversion of his interest in other tribal property; and if more than one right is exercised to purchase the same property pursuant to this proviso the property shall be sold to one of such persons on the basis of competitive bids: Provided further, That when determining and selecting the portion of the tribal property to be sold, due consideration shall be given to the use of such property for grazing purposes by the members of both groups of the tribe; (4) cause such studies and reports to be made as may be deemed necessary or desirable by the tribe or by the Secretary in connection with the termination of Federal supervision as provided for in this subchapter; and (5) cause a plan to be prepared in form and content satisfactory to the members who elect to remain in the tribe and to the Secretary for the management of tribal property through a trustee, corporation, or other legal entity. If no plan that is satisfactory both to the members who elect to remain in the tribe and to the Secretary has been prepared six months before the time limit provided in section 564e(b) of this title the Secretary shall adopt a plan for managing the tribal property, subject to the provisions of section 564n of this title. (b) Availability of funds for expenditures; reimbursement of tribal funds Such amounts of Klamath tribal funds as may be required for the purposes of this section shall be available for expenditure by the Secretary. In order to reimburse the tribe, in part, for expenditure of such tribal funds as the Secretary deems necessary for the purposes of carrying out the requirements of this section, there is authorized to be appropriated out of any money in the Treasury not otherwise appropriated, an amount equal to one-half of such expenditures from tribal funds, or the sum of $550,000, whichever is the lesser amount. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 5, 68 Stat. 718; Pub. L. 85-132, Sec. 1(b), (d), (e), (g), Aug. 14, 1957, 71 Stat. 347, 348; Pub. L. 85- 731, Secs. 6-8, Aug. 23, 1958, 72 Stat. 819.) -MISC1- AMENDMENTS 1958 - Subsec. (a)(3). Pub. L. 85-731, Secs. 6, 7, struck out first proviso requiring that funds payable to the withdrawing members be distributed as each $200,000 accumulates, and substituted "who has elected to withdraw from the tribe may apply toward the purchase price up to 100 per centum of the amount estimated by the Secretary to be due him from the sale or taking of forest and marsh lands pursuant to subsections (b), (d), and (f) of section 564w-1 of this title, and up to 75 per centum of the amount estimated by the Secretary to be due him from the conversion of his interest in other tribal property" for "may apply toward the purchase price all or any part of the sum due him from the conversion of his interest in tribal property" in second proviso. Subsec. (a)(5). Pub. L. 85-731, Sec. 8, inserted sentence to provide that if no plan is satisfactory both to the members who elect to remain in the tribe and to the Secretary, the Secretary shall adopt a management plan. 1957 - Subsec. (a)(2). Pub. L. 85-132, Sec. 1(d), provided that the time of election to withdraw be given after the appraisal is approved by the Secretary, and provided for election on behalf of minors, incompetents, or deceased persons by designee of Secretary. Subsec. (a)(3). Pub. L. 85-132, Sec. 1(e), in second proviso provided that any person whose name appears on the final roll of the tribe, may purchase for his own account, but not as an agent for others, any such property in lots as offered for sale, and provided that if more than one right is exercised to purchase the same property, it be sold on the basis of competitive bids. Subsec. (a)(5). Pub. L. 85-132, Sec. 1(g), substituted "members who elect to remain in the tribe" for "tribe". Subsec. (b). Pub. L. 85-132, Sec. 1(b), provided for partial reimbursement of the tribe for expenditures of tribal funds under this section, authorization of appropriation of the lesser of amount equal to one-half of such expenditures, or $550,000, in lieu of former provisions which charged expenses incident to par. (3) to members who withdraw from tribe, charged expenses under pars. (4) and (5) to members who remain in tribe, and charged all other expenses under this section to interests of both groups of members. COMPENSATION FOR SERVICES PERTAINING TO ENACTMENT PROHIBITED Section 3 of Pub. L. 85-731 provided that: "No funds distributed pursuant to section 5 of the Act of August 13, 1954, as amended [this section], to members who withdraw from the tribe shall be paid to any person as compensation for services pertaining to the enactment of said Act or amendments thereto [this subchapter] and any person making or receiving such payments shall be guilty of a misdemeanor and shall be imprisoned for not more than six months and fined not more than $500." TERMINATION OF CONTRACT WITH MANAGEMENT SPECIALISTS BY SECRETARY OF THE INTERIOR Section 4 of Pub. L. 85-731 provided that: "The Secretary of the Interior is directed to terminate the contract between him and the management specialists by giving immediately the sixty-day notice required by paragraph 18 of such contract. When the contract is terminated, all of the functions of the management specialists under section 5 of the Act of August 13, 1954, as amended [this section], shall be performed by the Secretary." PROVISIONS REQUIRING ELECTION TO WITHDRAW OR REMAIN IN TRIBE FOLLOWING APPRAISAL AS UNAFFECTED Section 5 of Pub. L. 85-731 provided that: "Nothing in this Act shall in any way modify or repeal the provisions of subsection 5(a) of the Act of August 13, 1954, 68 Stat. 718), as amended [subsec. (a) of this section], providing for and requiring members of the Klamath Tribe to elect to withdraw from or remain in the tribe, following the appraisal of the tribal property." CEMETERIES WITHIN RESERVATION Section 9 of Pub. L. 85-731 provided that: "Except as provided below the provisions of the Act of August 13, 1954 (68 Stat. 718), as amended [this subchapter], shall not apply to cemeteries within the reservation. The Secretary is hereby authorized and directed to transfer title to such properties to any organization authorized by the tribe and approved by him. In the event such an organization is not formed by the tribe within eighteen months following enactment of this Act [August 23, 1958], the Secretary is directed to perfect the organization of a nonprofit entity empowered to accept title and maintain said cemeteries, any costs involved to be subject to the provisions of section 5(b) of said Act of August 13, 1954, as amended [subsec. (b) of this section]." DEFERRAL OF TIME FOR SALES OF TRIBAL PROPERTY Sales of tribal property made pursuant to subsec. (a)(3) of this section or section 564e of this title as deferred until the adjournment of the second session of the Eighty-fifth Congress, see note set out under section 564e of this title. -End- -CITE- 25 USC Sec. 564e 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564e. Sale of tribal property -STATUTE- (a) Transfer procedure The Secretary is authorized and directed to execute any conveyancing instrument that is necessary or appropriate to convey title to tribal property to be sold in accordance with the provisions of paragraph (3) of subsection (a) of section 564d of this title, and to transfer title to all other tribal property to a trustee, corporation, or other legal entity in accordance with the plan prepared pursuant to paragraph (5) of subsection (a) of section 564d of this title. (b) Time limitation It is the intention of the Congress that all of the actions required by section 564d of this title and this section shall be completed at the earliest practicable time and in no event later than seven years from August 13, 1954. (c) Effect on tribal members selling interests Members of the tribe who receive the money value of their interests in tribal property shall thereupon cease to be members of the tribe: Provided, That nothing shall prevent them from sharing in the proceeds of tribal claims against the United States. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 6, 68 Stat. 719; Pub. L. 85-132, Sec. 1(c), Aug. 14, 1957, 71 Stat. 347; Pub. L. 85-731, Sec. 10, Aug. 23, 1958, 72 Stat. 819.) -MISC1- AMENDMENTS 1958 - Subsec. (b). Pub. L. 85-731 substituted "seven years" for "six years". 1957 - Subsec. (b). Pub. L. 85-132 substituted "six years" for "four years". DEFERRAL OF TIME FOR SALES OF TRIBAL PROPERTY Section 27 of act Aug. 13, 1954, ch. 732, as added by Pub. L. 85- 132, Sec. 1(a), provided that: "Notwithstanding any other provisions of this Act [this subchapter], no sales of tribal property shall be made pursuant to paragraph (3) of subsection (a) of section 5, or section 6 of this Act [section 564d(a)(3) of this title or this section] prior to the adjournment of the second session of the Eighty-fifth Congress." -End- -CITE- 25 USC Sec. 564f 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564f. Per capita payments to tribal members -STATUTE- The Secretary is authorized and directed, as soon as practicable after the passage of this subchapter, to pay from such funds as are deposited to the credit of the tribe in the Treasury of the United States, $250 to each member of the tribe on the rolls of the tribe on August 13, 1954. Any other person whose application for enrollment on the rolls of the tribe is subsequently approved, pursuant to the terms of section 564b of this title, shall, after enrollment, be paid a like sum of $250: Provided, That such payments shall be made first from the capital reserve fund created by section 530 of this title. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 7, 68 Stat. 720.) -End- -CITE- 25 USC Sec. 564g 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564g. Individual property -STATUTE- (a) Transfer of unrestricted control The Secretary is authorized and directed to transfer within four years from August 13, 1954, to each member of the tribe unrestricted control of funds or other personal property held in trust for such member by the United States. (b) Removal of restrictions on sales or encumbrances; fee simple title All restrictions on the sale or encumbrance of trust or restricted interests in land, wherever located, owned by members of the tribe (including allottees, purchasers, heirs, and devisees, either adult or minor), and on trust or restricted interests in land within the Klamath Indian Reservation, regardless of ownership, are removed four years after August 13, 1954, and the patents or deeds under which titles are then held shall pass the titles in fee simple, subject to any valid encumbrances. The titles to all interests in trust or restricted land acquired by members of the tribe by devise or inheritance four years or more after August 13, 1954, shall vest in such members in fee simple, subject to any valid encumbrance. (c) Multiple land ownership; partition; sale; election to purchase; unlocated owners Prior to the time provided in subsection (b) of this section for the removal of restrictions on land owned by one or by more than one member of a tribe, the Secretary may - (1) upon request of any of the owners, partition the land and issue to each owner a patent or deed for his individual share that shall become unrestricted four years from August 13, 1954; (2) upon request of any of the owners, and a finding by the Secretary that partition of all or any part of the land is not practicable, cause all or any part of the land to be sold at not less than the appraised value thereof and distribute the proceeds of sale to the owners: Provided, That any one or more of the owners may elect before a sale to purchase the other interests in the land at not less than the appraised value thereof, and the purchaser shall receive an unrestricted patent or deed to the land; and (3) if the whereabouts of none of the owners can be ascertained, cause such lands to be sold and deposit the proceeds of sale in the Treasury of the United States for safekeeping. (d) Approval of exchanges or sales by Secretary The Secretary is authorized to approve - (1) the exchange of trust or restricted land between the tribe and any of its members; (2) the sale by the tribe of tribal property to individual members of the tribe; and (3) the exchange of tribal property for real property in fee status. Title to all real property included in any sale or exchange as provided in this subsection shall be conveyed in fee simple. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 8, 68 Stat. 720; Pub. L. 85-132, Sec. 1(h), (i), Aug. 14, 1957, 71 Stat. 348; Pub. L. 85-731, Sec. 11, Aug. 23, 1958, 72 Stat. 819.) -MISC1- AMENDMENTS 1958 - Subsec. (b). Pub. L. 85-731 struck out provision making subsection inapplicable to subsurface rights and directing Secretary to transfer subsurface rights to trustees for management for a period not less than ten years. 1957 - Subsec. (b). Pub. L. 85-132, Sec. 1(i), substituted "interests in land, wherever located" for "land", and inserted "purchasers" and "and on trust or restricted interests in land within the Klamath Reservation regardless of ownership" preceding proviso. Subsec. (c). Pub. L. 85-132, Sec. 1(h), inserted "one or by" after "on land owned by". -End- -CITE- 25 USC Sec. 564h 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564h. Property of deceased members -STATUTE- (a) Federal laws inapplicable to probate The Act of June 25, 1910 (36 Stat. 855), the Act of February 14, 1913 (37 Stat. 678), and other Acts amendatory thereto shall not apply to the probate of the trust and restricted property of the members of the tribe who die six months or more after August 13, 1954. (b) State, etc., laws applicable to probate The laws of the several States, Territories, possessions, and the District of Columbia with respect to the probate of wills, the determination of heirs, and the administration of decedents' estates shall apply to the individual property of members of the tribe who die six months or more after August 13, 1954. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 9(a), (b), 68 Stat. 720, 721.) -REFTEXT- REFERENCES IN TEXT Act of June 25, 1910, referred to in subsec. (a), is act June 25, 1910, ch. 431, 36 Stat. 855, which enacted sections 47, 93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, section 6a-1 of former Title 41, Public Contracts, and section 148 of Title 43, Public Lands, and amended sections 191, 312, 331, 333, and 336 of this title and sections 104 and 107 of former Title 18, Criminal Code and Criminal Procedure. Sections 104 and 107 of former Title 18 were repealed and restated as sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. Section 6a-1 of former Title 41 was repealed and restated as section 6102(e) of Title 41, Public Contracts, by Pub. L. 111-350, Secs. 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Tables. Act of February 14, 1913, referred to in subsec. (a), is act Feb. 14, 1913, ch. 55, 37 Stat. 678, which amended section 373 of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section is comprised of subsecs. (a) and (b) of section 9 of act Aug. 13, 1954. Subsection (c) of section 9 repealed section 555 of this title. -End- -CITE- 25 USC Sec. 564i 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564i. Transfer of federally owned property -STATUTE- The Secretary is authorized, in his discretion, to transfer to the tribe or any member or group of members thereof any federally owned property acquired, withdrawn, or used for the administration of the affairs of the tribe which he deems necessary for Indian use, or to transfer to a public or nonprofit body any such property which he deems necessary for public use and from which members of the tribe will derive benefit. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 10, 68 Stat. 721.) -End- -CITE- 25 USC Sec. 564j 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564j. Taxes; initial exemption; taxes following distribution; valuation for capital gains or losses -STATUTE- No property distributed under the provisions of this subchapter shall at the time of distribution be subject to Federal or State income tax. Following any distribution of property made under the provisions of this subchapter, such property and any income derived therefrom by the individual, corporation, or other legal entity shall be subject to the same taxes, State and Federal, as in the case of non-Indians: Provided, That, for the purpose of capital gains or losses the base value of the property shall be the value of the property when distributed to the individual, corporation or other legal entity. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 11, 68 Stat. 721.) -MISC1- ALL AMOUNTS REALIZED FROM CONDEMNATION OF CERTAIN FOREST LANDS HELD IN TRUST Pub. L. 94-81, Sec. 1, Aug. 9, 1975, 89 Stat. 417, as amended by Pub. L. 96-596, Sec. 5(a), Dec. 24, 1980, 94 Stat. 3476; Pub. L. 99- 514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided: "That, for purposes of the Internal Revenue Code of 1986 [formerly I.R.C. 1954, Title 26, Internal Revenue Code], all amounts realized by the trust from the condemnation, pursuant to Public Law 93-102 [section 564w-2 of this title], of the Klamath Indian forest lands held by the trustee for the Klamath Indian Tribe - "(1) shall be excluded from the gross income of the trust, and "(2) on the distribution from the trust of the proceeds of such condemnation, shall be excluded from the gross income of each person receiving such distribution." Section 5(b) of Pub. L. 96-596 provided that: "The amendment made by subsection (a) [amending section 1 of Pub. L. 94-81, set out above] shall apply to all amounts whether received before, on, or after the date of the enactment of this Act [Dec. 24, 1980]." -End- -CITE- 25 USC Sec. 564k 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564k. Loan transfers; collection by tribe -STATUTE- All loans made from the reimbursable loan fund established by section 531 of this title, and all other loans made from Klamath tribal funds, including loans of livestock made by the tribe repayable in kind, shall be transferred to the tribe for collection in accordance with the terms thereof. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 12, 68 Stat. 721.) -REFTEXT- REFERENCES IN TEXT Section 531 of this title, referred to in text, was repealed by act Aug. 13, 1954, ch. 732, Sec. 12, 68 Stat. 721. -COD- CODIFICATION Section is composed of second sentence of section 12 of act Aug. 13, 1954. The first sentence of said section 12 repealed sections 531 to 535 and 542(a) of this title. -End- -CITE- 25 USC Sec. 564l 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564l. Klamath irrigation works -STATUTE- (a) Transfer of operation and maintenance That part of section 499 of title 43, which relates to the transfer of the care, operation, and maintenance of reclamation works to water users associations or irrigation districts shall be applicable to the irrigation works on the Klamath Reservation. (b) Termination of construction costs deferment; recordation of lien Effective on the first day of the calendar year beginning after the date of the proclamation provided for in section 564q of this title, the deferment of the assessment and collection of construction costs provided for in the first proviso of section 386a of this title, shall terminate with respect to any lands within irrigation projects on the Klamath Reservation. The Secretary shall cause the first lien against such lands created by section 387 (!1) of this title, to be filed of record in the appropriate county office. (c) Appropriation authorization There is authorized to be appropriated out of any funds in the Treasury not otherwise appropriated the sum of $89,212 for payment to the Klamath Tribe with interest at 4 per centum annually as reimbursement for tribal funds used for irrigation construction operation and maintenance benefiting nontribal lands on the Klamath Reservation, such interest being computed from the dates of disbursement of such funds from the United States Treasury. (d) Adjustment of reimbursable irrigation costs The Secretary is authorized to adjust, eliminate, or cancel all or any part of reimbursable irrigation operation and maintenance costs and reimbursable irrigation construction costs chargeable against Indian owned lands that are subject to the provisions of this subchapter, and all or any part of assessments heretofore or hereafter imposed on account of such costs, when he determines that the collection thereof would be inequitable or would result in undue hardship on the Indian owner of the land, or that the administrative costs of collection would probably equal or exceed the amount collected. (e) Applicable irrigation laws Nothing contained in any other section of this subchapter shall affect in any way the laws applicable to irrigation projects on the Klamath Reservation. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 13, 68 Stat. 721.) -REFTEXT- REFERENCES IN TEXT Section 387 of this title, referred to in subsec. (b), was omitted after not being repeated in the Interior Department Appropriation Act of 1947, July 1, 1946, ch. 529, 60 Stat. 348. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 564m 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564m. Water and fishing rights -STATUTE- (a) Water rights; laws applicable to abandonment Nothing in this subchapter shall abrogate any water rights of the tribe and its members, and the laws of the State of Oregon with respect to the abandonment of water rights by nonuse shall not apply to the tribe and its members until fifteen years after the date of the proclamation issued pursuant to section 564q of this title. (b) Fishing rights or privileges Nothing in this subchapter shall abrogate any fishing rights or privileges of the tribe or the members thereof enjoyed under Federal treaty. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 14, 68 Stat. 722.) -End- -CITE- 25 USC Sec. 564n 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564n. Protection of minors, persons non compos mentis, and other members needing assistance; guardians; other adequate means; trusts; annuities; assistance factors; contests -STATUTE- Prior to the transfer of title to, or the removal of restrictions from, property in accordance with the provisions of this subchapter, the Secretary shall protect the rights of members of the tribe who are minors, non compos mentis, or in the opinion of the Secretary in need of assistance in conducting their affairs, by causing the appointment of guardians for such members in courts of competent jurisdiction, or by such other means as he may deem adequate, without application from the member, including but not limited to the creation of a trust of such member's property with a trustee selected by the Secretary, or the purchase by the Secretary of an annuity for such member: Provided, however, That no member shall be declared to be in need of assistance in conducting his affairs unless the Secretary determines that such member does not have sufficient ability, knowledge, experience, and judgment to enable him to manage his business affairs, including the administration, use, investment, and disposition of any property turned over to such member and the income and proceeds therefrom, with such reasonable degree of prudence and wisdom as will be apt to prevent him from losing such property or the benefits thereof: Provided further, That any member determined by the Secretary to be in need of assistance in conducting his affairs may, within one hundred and twenty days after receipt of written notice of such secretarial determination, contest the secretarial determination in any naturalization court for the area in which said member resides by filing therein a petition having that purpose; the burden shall thereupon devolve upon the Secretary to show cause why such member should not conduct his own affairs, and the decision of such court shall be final and conclusive with respect to the affected member's conduct of his affairs. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 15, 68 Stat. 722; Pub. L. 85-132, Sec. 1(j), Aug. 14, 1957, 71 Stat. 348.) -MISC1- AMENDMENTS 1957 - Pub. L. 85-132 inserted provisions allowing Secretary to act without application from member to create a trust or purchase an annuity for such member, by setting out factors for determination by Secretary before he declares a member to be in need of assistance, and by providing for contest of such secretarial determination by member. -End- -CITE- 25 USC Sec. 564o 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564o. Advances or expenditures from tribal funds -STATUTE- Pending the completion of the property dispositions provided for in this subchapter, the funds now on deposit, or hereafter deposited, in the United States Treasury to the credit of the tribe shall be available for advance to the tribe, or for expenditure, for such purposes as may be designated by the governing body of the tribe and approved by the Secretary. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 16, 68 Stat. 722.) -End- -CITE- 25 USC Sec. 564p 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564p. Execution by Secretary of patents, deeds, etc. -STATUTE- The Secretary shall have authority to execute such patents, deeds, assignments, releases, certificates, contracts, and other instruments as may be necessary or appropriate to carry out the provisions of this subchapter, or to establish a marketable and recordable title to any property disposed of pursuant to this subchapter. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 17, 68 Stat. 722.) -End- -CITE- 25 USC Sec. 564q 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564q. Termination of Federal trust -STATUTE- (a) Publication; termination of Federal services; application of Federal and State laws Upon removal of Federal restrictions on the property of the tribe and individual members thereof, the Secretary shall publish in the Federal Register a proclamation declaring that the Federal trust relationship to the affairs of the tribe and its members has terminated. Thereafter individual members of the tribe shall not be entitled to any of the services performed by the United States for Indians because of their status as Indians and, except as otherwise provided in this subchapter, all statutes of the United States which affect Indians because of their status as Indians shall no longer be applicable to the members of the tribe, and the laws of the several States shall apply to the tribe and its members in the same manner as they apply to other citizens or persons within their jurisdiction. (b) Citizenship status unaffected Nothing in this subchapter shall affect the status of the members of the tribe as citizens of the United States. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 18, 68 Stat. 722.) -End- -CITE- 25 USC Sec. 564r 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564r. Termination of Federal powers over tribe -STATUTE- Effective on the date of the proclamation provided for in section 564q of this title, all powers of the Secretary or other officer of the United States to take, review, or approve any action under the constitution and bylaws of the tribe are terminated. Any powers conferred upon the tribe by such constitution which are inconsistent with the provisions of this subchapter are terminated. Such termination shall not affect the power of the tribe to take any action under its constitution and bylaws that is consistent with this subchapter without the participation of the Secretary or other officer of the United States. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 19, 68 Stat. 722.) -End- -CITE- 25 USC Sec. 564s 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564s. Set off of individual indebtedness; credit -STATUTE- The Secretary is authorized to set off against any indebtedness payable to the tribe or to the United States by an individual member of the tribe or payable to the United States by the tribe, any funds payable to such individual or tribe under this subchapter and to deposit the amounts set off to the credit of the tribe or the United States as the case may be. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 20, 68 Stat. 723.) -End- -CITE- 25 USC Sec. 564t 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564t. Indian claims unaffected -STATUTE- Nothing contained in this subchapter shall deprive the tribe or its constituent parts of any right, privilege, or benefit granted by the Act of August 13, 1946 (60 Stat. 1049) [25 U.S.C. 70 et seq.]. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 21, 68 Stat. 723.) -REFTEXT- REFERENCES IN TEXT Act of August 13, 1946, referred to in text, is act Aug. 13, 1946, ch. 959, 60 Stat. 1049, as amended, known as the Indian Claims Commission Act of 1946, which was classified generally to chapter 2A (Sec. 70 et seq.) of this title and was omitted in view of the termination of the Indian Claims Commission on Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. -End- -CITE- 25 USC Sec. 564u 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564u. Valid leases, permits, liens, etc., unaffected -STATUTE- Nothing in this subchapter shall abrogate any valid lease, permit, license, right-of-way, lien, or other contract heretofore approved. Whenever any such instrument places in or reserves to the Secretary any powers, duties, or other functions with respect to the property subject thereto, the Secretary may transfer such functions, in whole or in part, to any Federal agency with the consent of such agency and may transfer such functions, in whole or in part to a State agency with the consent of such agency and the other party or parties to such instrument. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 22, 68 Stat. 723.) -End- -CITE- 25 USC Sec. 564v 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564v. Rules and regulations; tribal referenda -STATUTE- The Secretary is authorized to issue rules or regulations necessary to effectuate the purposes of this subchapter, and may in his discretion provide for tribal referenda on matters pertaining to management or disposition of tribal assets. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 23, 68 Stat. 723.) -End- -CITE- 25 USC Sec. 564w 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564w. Education and training program; purposes; subjects; transportation; subsistence; contracts; other education programs -STATUTE- Prior to the issuance of a proclamation in accordance with the provisions of section 564q of this title, the Secretary is authorized to undertake, within the limits of available appropriations, a special program of education and training designed to help the members of the tribe to earn a livelihood, to conduct their own affairs, and to assume their responsibilities as citizens without special services because of their status as Indians. Such program may include language training, orientation in non-Indian community customs and living standards, vocational training and related subjects, transportation to the place of training or instruction, and subsistence during the course of training or instruction. For the purposes of such program the Secretary is authorized to enter into contracts or agreements with any Federal, State, or local governmental agency, corporation, association, or person. Nothing in this section shall preclude any Federal agency from undertaking any other program for the education and training of Indians with funds appropriated to it. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 26, 68 Stat. 723.) -End- -CITE- 25 USC Sec. 564w-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564w-1. Klamath Indian Forest and Klamath Marsh -STATUTE- Notwithstanding the provisions of sections 564d and 564e of this title, and all Acts amendatory thereof - (a) Designation of boundaries The tribal lands that comprise the Klamath Indian Forest, and the tribal lands that comprise the Klamath Marsh, shall be designated by the Secretary of the Interior and the Secretary of Agriculture, jointly. (b) Sales; terms and conditions The portion of the Klamath Indian Forest that is selected for sale pursuant to section 564d(a)(3) of this title to pay members who withdraw from the tribe shall be offered for sale by the Secretary of the Interior in appropriate units, on the basis of competitive bids, to any purchaser or purchasers who agree to manage the forest lands as far as practicable according to sustained yield procedures so as to furnish a continuous supply of timber according to plans to be prepared and submitted by them for approval and inclusion in the conveyancing instruments in accordance with specifications and requirements referred to in the invitations for bids: Provided, That no sale shall be for a price that is less than the realization value of the units involved determined as provided in subsection (c) of this section. The terms and conditions of the sales shall be prescribed by the Secretary. The specifications and minimum requirements to be included in the invitations for bids, and the determination of appropriate units for sale, shall be developed and made jointly by the Secretary of the Interior and the Secretary of Agriculture. Such plans when prepared by the purchaser shall include provisions for the conservation of soil and water resources as well as for the management of the timber resources as hereinbefore set forth in this section. Such plans shall be satisfactory to and have the approval of the Secretary of Agriculture as complying with the minimum standards included in said specifications and requirements before the prospective purchaser shall be entitled to have his bid considered by the Secretary of the Interior and the failure on the part of the purchaser to prepare and submit a satisfactory plan to the Secretary of Agriculture shall constitute grounds for rejection of such bid. Such plans shall be incorporated as conditions in the conveyancing instruments executed by the Secretary and shall be binding on the grantee and all successors in interest. The conveyancing instruments shall provide for a forfeiture and a reversion of title to the lands to the United States, not in trust for or subject to Indian use, in the event of a breach of such conditions. The purchase price paid by the grantee shall be deemed to represent the full appraised fair market value of the lands, undiminished by the right of reversion retained by the United States in a nontrust status, and the retention of such right of reversion shall not be the basis for any claim against the United States. The Secretary of Agriculture shall be responsible for enforcing such conditions. Upon any reversion of title pursuant to this subsection, the lands shall become national forest lands subject to the laws that are applicable to lands acquired pursuant to the Act of March 1, 1911 (36 Stat. 961), as amended. (c) Appraisals; notice to Congressional committees; appropriation; realization value; report to Congressional committees Within sixty days after August 23, 1958 the Secretary of the Interior shall contract by negotiation with three qualified appraisers or three qualified appraisal organizations for a review of the appraisal approved by the Secretary pursuant to section 564d(a)(2) of this title. In such review full consideration shall be given to all reasonably ascertainable elements of land, forest, and mineral values. Not less than thirty days before executing such contracts the Secretary shall notify the chairman of the House Committee on Interior and Insular Affairs and the chairman of the Senate Committee on Interior and Insular Affairs of the names and addresses of the appraisers selected. The cost of the appraisal review shall be paid from tribal funds which are made available for such purpose, subject to full reimbursement by the United States, and the appropriation of funds for that purpose is authorized. Upon the basis of a review of the appraisal heretofore made of the forest units and marsh lands involved and such other materials as may be readily available, including additional market data since the date of the prior appraisal, but without making any new and independent appraisal, each appraiser shall estimate the fair market value of such forest units and marsh lands as if they had been offered for sale on a competitive market without limitation on use during the interval between the adjournment of the Eighty- fifth Congress and the termination date specified in section 564e(b) of this title. This value shall be known as the realization value. If the three appraisers are not able to agree on the realization value of such forest units and marsh lands, then such realization values shall be determined by averaging the values estimated by each appraiser. The Secretary shall report such realization values to the chairman of the House Committee on Interior and Insular Affairs and to the chairman of the Senate Committee on Interior and Insular Affairs not later than January 15, 1959. No sale of forest units that comprise the Klamath Indian Forest designated pursuant to subsection (a) of this section shall be made under the provisions of this subchapter prior to April 1, 1959. (d) Unsold forest units and marsh lands; title after publication in Federal Register; aggregate realization value; appropriation If all of the forest units offered for sale in accordance with subsection (b) of this section are not sold before April 1, 1961, the Secretary of Agriculture shall publish in the Federal Register a proclamation taking title in the name of the United States to as many of the unsold units or parts thereof as have, together with the Klamath Marsh lands acquired pursuant to subsection (f) of the section, an aggregate realization value of not to exceed $90,000,000, which shall be the maximum amount payable for lands acquired by the United States pursuant to this subchapter. Compensation for the forest lands so taken shall be the realization value of the lands determined as provided in subsection (c) of this section, unless a different amount is provided by law enacted prior to the proclamation of the Secretary of Agriculture. Appropriation of funds for that purpose is authorized. Payment shall be made as soon as possible after the proclamation of the Secretary of Agriculture. Such lands shall become national forest lands subject to the laws that are applicable to lands acquired pursuant to the Act of March 1, 1911 (36 Stat. 961), as amended. Any of the forest units that are offered for sale and that are not sold or taken pursuant to subsection (b) or (d) of this section shall be subject to sale without limitation on use in accordance with the provisions of section 564d of this title. (e) Sale of retained lands to Secretary of Agriculture If at any time any of the tribal lands that comprise the Klamath Indian Forest and that are retained by the tribe are offered for sale other than to members of the tribe, such lands shall first be offered for sale to the Secretary of Agriculture, who shall be given a period of twelve months after the date of each such offer within which to purchase such lands. No such lands shall be sold at a price below the price at which they have been offered for sale to the Secretary of Agriculture, and if such lands are reoffered for sale they shall first be reoffered to the Secretary of Agriculture. The Secretary of Agriculture is authorized to purchase such lands subject to such terms and conditions as to the use thereof as he may deem appropriate, and any lands so acquired shall thereupon become national forest lands subject to the laws that are applicable to lands acquired pursuant to the Act of March 1, 1911 (36 Stat. 961), as amended. (f) Klamath Marsh National Wildlife Refuge; appropriation The lands that comprise the Klamath Marsh shall be a part of the property selected for sale pursuant to section 564d(a)(3) of this title to pay members who withdraw from the tribe. Title to such lands is taken in the name of the United States, effective the earliest date after September 30, 1959, when the Secretary of the Interior determines that funds for the payment of the purchase price are available from the sale of stamps under the Migratory Bird Hunting Stamp Act of March 16, 1934, as amended [16 U.S.C. 718 et seq.]. Such lands are designated as the Klamath Marsh National Wildlife Refuge, which shall be administered in accordance with the law applicable to areas acquired pursuant to section 4 of the Act of March 16, 1934 (48 Stat. 451), as amended or supplemented [16 U.S.C. 718d]. Compensation for said taking shall be the realization value of the lands determined in accordance with subsection (c) of this section, and shall be paid out of funds in the Treasury of the United States, which are authorized to be appropriated for that purpose. (g) Homesites Any person whose name appears on the final roll of the tribe, and who has since December 31, 1956, continuously resided on any lands taken by the United States by subsections (d) and (f) of this section, shall be entitled to occupy and use as a homesite for his lifetime a reasonable acreage of such lands, as determined by the Secretary of Agriculture, subject to such regulations as the Secretary of Agriculture may issue to safeguard the administration of the national forest and as the Secretary of the Interior may issue to safeguard the administration of the Klamath Marsh National Wildlife Refuge. (h) Administration of outstanding timber sales contracts If title to any of the lands comprising the Klamath Indian Forest is taken by the United States, the administration of any outstanding timber sales contracts thereon entered into by the Secretary of the Interior as trustee for the Klamath Indians shall be administered by the Secretary of Agriculture. (i) Right of United States to use roads All sales of tribal lands pursuant to subsection (b) of this section or pursuant to section 564d of this title on which roads are located shall be made subject to the right of the United States and its assigns to maintain and use such roads. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 28, as added Pub. L. 85-731, Sec. 1, Aug. 23, 1958, 72 Stat. 816; amended Pub. L. 86-247, Sept. 9, 1959, 73 Stat. 477; Pub. L. 105-312, title II, Sec. 205, Oct. 30, 1998, 112 Stat. 2957; Pub. L. 105-321, Sec. 4(e), Oct. 30, 1998, 112 Stat. 3025.) -REFTEXT- REFERENCES IN TEXT Act of March 1, 1911, referred to in subsecs. (b), (d), and (e), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, popularly known as the Weeks Law, which is classified to sections 480, 500, 513 to 519, 521, 552, and 563 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 552 of Title 16 and Tables. The adjournment of the Eighty-fifth Congress, referred to in subsec. (c) of this section, took place on Aug. 24, 1958. The Migratory Bird Hunting Stamp Act, referred to in subsec. (f), subsequently renamed the Migratory Bird Hunting and Conservation Stamp Act, is act Mar. 16, 1934, ch. 71, 48 Stat. 451, as amended, which is classified generally to subchapter IV (Sec. 718 et seq.) of chapter 7 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 718 of Title 16 and Tables. -MISC1- AMENDMENTS 1998 - Subsecs. (f), (g). Pub. L. 105-312 and Pub. L. 105-321 amended subsecs. (f) and (g) identically, substituting "Klamath Marsh National Wildlife Refuge" for "Klamath Forest National Wildlife Refuge". 1959 - Subsec. (f). Pub. L. 86-247 changed date for Federal acquisition of Klamath Indian Marsh from April 1, 1961, to earliest date after September 30, 1959, that funds are available to pay for property from sale of stamps. -CHANGE- CHANGE OF NAME Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4, Ninety-fifth Congress (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977. Section 105 of Senate Resolution No. 4 established a temporary Select Committee on Indian Affairs having jurisdiction over matters relating to Indian affairs (such matters previously having been within the jurisdiction of the Committee on Interior and Insular Affairs). Senate Resolution No. 127, June 6, 1984, Ninety-eighth Congress, established the Select Committee on Indian Affairs as a permanent committee of the Senate, and section 25 of Senate Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress, redesignated the Select Committee on Indian Affairs as the Committee on Indian Affairs. 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. -End- -CITE- 25 USC Sec. 564w-2 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564w-2. Federal acquisition of tribal land -STATUTE- (a) Condemnation authority The Secretary of Agriculture is authorized and directed to acquire by condemnation all of the Klamath Indian forest lands which the trustee for the Klamath Indian Tribe is required to sell by the terms of its trust agreement, and the lands so acquired shall become a part of the Winema National Forest. (b) Initiation of action; authorization of appropriations The condemnation action may be initiated either before or after the lands are offered for sale by the trustee, and for the purpose of carrying out the provisions of this section, there is hereby authorized to be appropriated not to exceed $70,000,000. (c) Applicability of homesite provisions The homesite provisions of section 564w-1(g) of this title shall apply to the lands acquired by the Secretary pursuant to this subchapter. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 29, as added Pub. L. 93-102, Aug. 16, 1973, 87 Stat. 349.) -End- -CITE- 25 USC Sec. 564x 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION -HEAD- Sec. 564x. Timber sales -STATUTE- Nothing in this subchapter shall affect the authority to make timber sales otherwise authorized by law prior to the termination of Federal control over such timber. -SOURCE- (Pub. L. 85-132, Sec. 2, Aug. 14, 1957, 71 Stat. 348.) -COD- CODIFICATION This section was not enacted as a part of act Aug. 13, 1954, ch. 732, 68 Stat. 718, which comprises this subchapter. -End- -CITE- 25 USC SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND -End- -CITE- 25 USC Sec. 565 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 565. Authorization to distribute funds -STATUTE- The Secretary of the Interior is authorized and directed to distribute in accordance with the provisions of this subchapter the funds appropriated in satisfaction of a judgment obtained by the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians, hereinafter called the Klamath Tribe for the purposes of the administration of this subchapter, from the Indian Claims Commission against the United States in docket numbered 100, and all other funds heretofore or hereafter deposited in the United States Treasury to the credit of the Klamath Tribe or any of its constituent parts or groups, except the funds heretofore or hereafter set aside for the purpose of paying the usual and necessary expenses of prosecuting claims against the United States. -SOURCE- (Pub. L. 89-224, Sec. 1, Oct. 1, 1965, 79 Stat. 897.) -REFTEXT- REFERENCES IN TEXT The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. -End- -CITE- 25 USC Sec. 565a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 565a. Distribution to persons on final roll; payment of shares due living adults, deceased enrollees, adults under legal disabilities, persons in need of assistance, and minors -STATUTE- (a) A distribution shall be made of the funds resulting from docket numbered 100, including interest, after deducting litigation expenses and estimated costs of distribution to all persons whose names appear on the final roll of the Klamath Tribe, which roll was closed and made final as of August 13, 1954 (68 Stat. 718). Except as provided in subsections (b), (c), (d), and (e) of this section, a share or portion of a share payable to a living adult shall be paid directly to such adult; (b) a share payable to a deceased enrollee shall be paid to his heirs or legatees upon the filing of proof of death and inheritance satisfactory to the Secretary of the Interior, whose findings and determinations upon such proof shall be final and conclusive: Provided, That amounts payable to deceased heirs amounting to $5 or less shall not be paid, and such amounts shall remain in the United States Treasury to the credit of the Klamath Tribe; (c) a share payable to an adult under legal disability shall be paid to his legal representative; (d) a share payable to a person previously found to be in need of assistance under the provisions of section 564n of this title, may be paid directly to the individual or, if the Secretary deems it in the best interest of the individual, it may be added to the trust now in force on behalf of the said individual, with concurrence of the trustee; and (e) a share or portion of a share payable to a person under age of majority as determined by the laws of the State of residence shall be paid to a parent, legal guardian, or trustee of such minor. -SOURCE- (Pub. L. 89-224, Sec. 2, Oct. 1, 1965, 79 Stat. 897.) -REFTEXT- REFERENCES IN TEXT August 13, 1954, referred to in text, is a reference to section 3 of act Aug. 13, 1954, ch. 732, 68 Stat. 718, which is classified to section 564b of this title. -End- -CITE- 25 USC Sec. 565b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 565b. Time of payment; claims for shares of deceased enrollees -STATUTE- Within sixty days of October 1, 1965, the Secretary of the Interior shall commence to pay the share due to each living person whose name appears on the final roll of August 13, 1954. As to members who have died since promulgation of the final roll of August 13, 1954, the Secretary shall mail a notice of distribution of funds and a form for presentation of a claim thereunder to all known heirs or legatees of such deceased enrollees. All such claims shall be filed with the area director of the Bureau of Indian Affairs, Portland, Oregon, within two years following October 1, 1965. From and after that date, all claims and the right to file claims for any distribution from the judgment in docket numbered 100 shall be forever barred. -SOURCE- (Pub. L. 89-224, Sec. 3, Oct. 1, 1965, 79 Stat. 897.) -End- -CITE- 25 USC Sec. 565c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 565c. Disposition of funds remaining after distribution -STATUTE- Funds remaining in the United States Treasury to the credit of the said Klamath Tribe, or any of its constituent parts or groups, after the distribution of funds resulting from Indian Claims Commission docket numbered 100 as provided by sections 565a and 565b of this title, together with any other funds which may be deposited in the United States Treasury, including without limitation funds accruing from other judgments against the United States ((!1) after payment of expenses, including attorney fees, payments for rights-of-way, trespass damages, or other revenues, together with any interest accrued thereon, shall, after deduction of the estimated cost of distribution, be distributed from time to time as determined by the Secretary to the members of the Klamath Tribe or to the members of any of its constituent parts or groups in the same manner as provided in sections 565a and 565b of this title. -SOURCE- (Pub. L. 89-224, Sec. 4, Oct. 1, 1965, 79 Stat. 897.) -REFTEXT- REFERENCES IN TEXT The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. -FOOTNOTE- (!1) So in original. No closing parenthesis was enacted. -End- -CITE- 25 USC Sec. 565d 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 565d. Disposition of funds insufficient to justify further distribution -STATUTE- After all claims of the Klamath Tribe or any of its constituent parts or groups against the United States have been finally determined, appropriated, and distributed, as provided in sections 565a, 565b, and 565c of this title; and after all litigation expenses (including attorney fees) and costs of distributions have been paid, any funds remaining in the United States Treasury to the credit of the Klamath Tribe or any of its constituent parts or groups which, in the discretion of the Secretary of the Interior are insufficient to justify a further distribution, shall be deposited in the miscellaneous receipts of the Treasury of the United States. -SOURCE- (Pub. L. 89-224, Sec. 5, Oct. 1, 1965, 79 Stat. 898.) -End- -CITE- 25 USC Sec. 565e 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 565e. Costs -STATUTE- The costs of distribution may be paid out of the deductions authorized by sections 565a and 565c of this title. Any unused portion of such amounts shall remain in the United States Treasury to the credit of the Klamath Tribe. -SOURCE- (Pub. L. 89-224, Sec. 6, Oct. 1, 1965, 79 Stat. 898.) -End- -CITE- 25 USC Sec. 565f 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 565f. Taxes -STATUTE- None of the funds distributed pursuant to this subchapter shall be subject to Federal or State income tax. -SOURCE- (Pub. L. 89-224, Sec. 7, Oct 1, 1965, 79 Stat. 898.) -End- -CITE- 25 USC Sec. 565g 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 565g. Rules and regulations -STATUTE- The Secretary is authorized to prescribe rules and regulations to carry out the provisions of this subchapter. -SOURCE- (Pub. L. 89-224, Sec. 8, Oct. 1, 1965, 79 Stat. 898.) -End- -CITE- 25 USC SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION -HEAD- SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION -End- -CITE- 25 USC Sec. 566 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION -HEAD- Sec. 566. Restoration of Federal recognition, rights, and privileges -STATUTE- (a) Federal recognition Notwithstanding any provision of law, Federal recognition is hereby extended to the tribe and to members of the tribe. Except as otherwise provided in this subchapter, all laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians which are not inconsistent with any specific provision of this subchapter shall be applicable to the tribe and its members. (b) Restoration of rights and privileges All rights and privileges of the tribe and the members of the tribe under any Federal treaty, Executive order, agreement, or statute, or any other Federal authority, which may have been diminished or lost under the Act entitled "An Act to provide for the termination of Federal supervision over the property of the Klamath Tribe of Indians located in the State of Oregon and the individual members thereof, and for other purposes", approved August 13, 1954 (25 U.S.C. 564 et seq.), are restored, and the provisions of such Act, to the extent that they are inconsistent with this subchapter, shall be inapplicable to the tribe and to members of the tribe after August 27, 1986. (c) Federal services and benefits Notwithstanding any other provision of law, the tribe and its members shall be eligible, on and after August 27, 1986, for all Federal services and benefits furnished to federally recognized Indian tribes or their members without regard to the existence of a reservation for the tribe. In the case of Federal services available to members of federally recognized Indian tribes residing on or near a reservation, members of the tribe residing in Klamath County shall be deemed to be residing in or near a reservation. Any member residing in Klamath County shall continue to be eligible to receive any such Federal service notwithstanding the establishment of a reservation for the tribe in the future. Notwithstanding any other provision of law, the tribe shall be considered an Indian tribe for the purpose of the "Indian Tribal Government Tax Status Act" (Sec. 7871, I.R.C. 1986). (d) Certain rights not altered Nothing in this subchapter shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes already levied. (e) Modoc Indian Tribe of Oklahoma This subchapter does not apply to the members of the Modoc Indian Tribe of Oklahoma as recognized under section 861a(a) of this title and the Klamath Tribe of Indians does not (except for the purposes set out in section 861a(a)(1) of this title) include the members of the Modoc Indian Tribe of Oklahoma. -SOURCE- (Pub. L. 99-398, Sec. 2, Aug. 27, 1986, 100 Stat. 849; Pub. L. 99- 514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT Act approved August 13, 1954, referred to in subsec. (b), is act Aug. 13, 1954, ch. 732, 68 Stat. 718, as amended, which is classified generally to subchapter XIII (Sec. 564 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables. The Indian Tribal Government Tax Status Act (Sec. 7871, I.R.C. 1986), referred to in subsec. (c), probably means the Indian Tribal Governmental Tax Status Act of 1982, which is title II of Pub. L. 97-473, Jan. 14, 1983, 96 Stat. 2607, as amended, and is classified principally to subchapter C (Sec. 7871) of chapter 80 of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see Short Title of 1983 Amendments note set out under section 1 of Title 26 and Tables. -MISC1- AMENDMENTS 1986 - Subsec. (c). Pub. L. 99-514 substituted "I.R.C. 1986" meaning Internal Revenue Code of 1986 for "I.R.C. 1954" meaning Internal Revenue Code of 1954. SHORT TITLE Section 1 of Pub. L. 99-398 provided that: "This Act [enacting this subchapter] may be cited as the 'Klamath Indian Tribe Restoration Act'." -End- -CITE- 25 USC Sec. 566a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION -HEAD- Sec. 566a. Tribe Constitution and Bylaws -STATUTE- The tribe's Constitution and Bylaws shall remain in full force and effect and nothing in this subchapter shall affect the power of the General Council to take any action under the Constitution and Bylaws. -SOURCE- (Pub. L. 99-398, Sec. 3, Aug. 27, 1986, 100 Stat. 850.) -End- -CITE- 25 USC Sec. 566b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION -HEAD- Sec. 566b. Conservation and development of lands -STATUTE- (a) In general Notwithstanding the tribe's previous rejection of the Act of June 18, 1934 (25 U.S.C. 461 et seq.), upon written request of the General Council, the Secretary of the Interior shall conduct a special election pursuant to section 18 of such Act [25 U.S.C. 478] to determine if such Act should be applicable to the tribe. (b) Adoption of constitution Upon written request of the General Council, the Secretary shall conduct an election pursuant to section 16 of the Act approved on June 18, 1934 (43 Stat. 987; 25 U.S.C. 476), for the purpose of adopting a new constitution for the tribe. -SOURCE- (Pub. L. 99-398, Sec. 4, Aug. 27, 1986, 100 Stat. 850.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (Sec. 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. -End- -CITE- 25 USC Sec. 566c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION -HEAD- Sec. 566c. Hunting, fishing, trapping, and water rights -STATUTE- Nothing in this subchapter shall affect in any manner any hunting, fishing, trapping, gathering, or water right of the tribe and its members. -SOURCE- (Pub. L. 99-398, Sec. 5, Aug. 27, 1986, 100 Stat. 850.) -End- -CITE- 25 USC Sec. 566d 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION -HEAD- Sec. 566d. Transfer of land to be held in trust -STATUTE- The Secretary shall accept real property for the benefit of the tribe if conveyed or otherwise transferred to the Secretary. Such property shall be subject to all valid existing rights including liens, outstanding taxes (local and State), and mortgages. Subject to the conditions imposed by this section, the land transferred shall be taken in the name of the United States in trust for the tribe and shall be part of their reservation. The transfer of real property authorized by this section shall be exempt from all local, State, and Federal taxation as of the date of transfer. -SOURCE- (Pub. L. 99-398, Sec. 6, Aug. 27, 1986, 100 Stat. 850.) -End- -CITE- 25 USC Sec. 566e 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION -HEAD- Sec. 566e. Criminal and civil jurisdiction -STATUTE- The State shall exercise criminal and civil jurisdiction within the boundaries of the reservation, in accordance with section 1162 of title 18 and section 1360 of title 28, respectively. -SOURCE- (Pub. L. 99-398, Sec. 7, Aug. 27, 1986, 100 Stat. 850.) -End- -CITE- 25 USC Sec. 566f 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION -HEAD- Sec. 566f. Economic development -STATUTE- (a) Plan for economic self-sufficiency The Secretary shall - (1)(A) enter into negotiations with the Executive Committee of the General Council with respect to establishing a plan for economic development for the tribe; and (B) in accordance with this section and not later than two years after August 27, 1986, develop such a plan. (2) Upon the approval of such plan by the General Council (and after consultation with the State and local officials pursuant to subsection (b) of this section), the Secretary shall submit such plan to the Congress. (b) Consultation with State and local officials required To assure that legitimate State and local interests are not prejudiced by the proposed economic self-sufficiency plan, the Secretary shall notify and consult with the appropriate officials of the State and all appropriate local governmental officials in the State. The Secretary shall provide complete information on the proposed plan to such officials, including the restrictions on such proposed plan imposed by subsection (c) of this section. During any consultation by the Secretary under this subsection, the Secretary shall provide such information as the Secretary may possess, and shall request comments and additional information on the extent of any State or local service to the tribe. (c) Restrictions to be contained in plan Any plan developed by the Secretary under subsection (a) of this section shall provide that - (1) any real property transferred by the tribe or any member to the Secretary shall be taken and held in the name of the United States for the benefit of the tribe; (2) any real property taken in trust by the Secretary pursuant to such plan shall be subject to - (A) all legal rights and interests in such land existing at the time of the acquisition of such land by the Secretary, including any lien, mortgage, or previously levied and outstanding State or local tax; and (B) foreclosure or sale in accordance with the laws of the State pursuant to the terms of any valid obligation in existence at the time of the acquisition of such land by the Secretary; and (3) any real property transferred pursuant to such plan shall be exempt from Federal, State, and local taxation of any kind. (d) Appendix to plan submitted to Congress The Secretary shall append to the plan submitted to the Congress under subsection (a) of this section a detailed statement - (1) naming each individual and official consulted in accordance with subsection (b) of this section; (2) summarizing the testimony received by the Secretary pursuant to any such consultation; and (3) including any written comments or reports submitted to the Secretary by any party named in paragraph (1). -SOURCE- (Pub. L. 99-398, Sec. 8, Aug. 27, 1986, 100 Stat. 850.) -End- -CITE- 25 USC Sec. 566g 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION -HEAD- Sec. 566g. Definitions -STATUTE- For the purposes of this subchapter the following definitions apply: (1) The term "tribe" means the Klamath Tribe consisting of the Klamath and Modoc Tribes of Oregon and the Yahooskin Band of Snake Indians. (2) The term "member" means those persons eligible for enrollment under the Constitution and Bylaws of the Klamath Tribe. (3) The term "Secretary" means the Secretary of the Interior or his designated representative. (4) The term "State" means the State of Oregon. (5) The term "Constitution and Bylaws" means the Constitution and Bylaws of the Klamath Tribe of Indians in effect on August 27, 1986. (6) The term "General Council" means the governing body of the tribe under the Constitution and Bylaws. -SOURCE- (Pub. L. 99-398, Sec. 9, Aug. 27, 1986, 100 Stat. 851.) -End- -CITE- 25 USC Sec. 566h 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION -HEAD- Sec. 566h. Regulations -STATUTE- The Secretary may make such rules and regulations as are necessary to carry out the purposes of this subchapter. -SOURCE- (Pub. L. 99-398, Sec. 10, Aug. 27, 1986, 100 Stat. 852.) -End- -CITE- 25 USC SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -End- -CITE- 25 USC Sec. 571 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 571. Membership roll; preparation -STATUTE- The Secretary of the Interior is authorized and directed, with the advice and consent of the business council of the Shoshone Tribe of the Wind River Reservation in Wyoming, to prepare a roll showing the members of said tribe living on July 27, 1939, and such roll shall form the basis for the distribution of the judgment fund of said tribe created as the result of the passage of the Act of June 25, 1938 (52 Stat. 1114-1156), and accrued interest thereon. -SOURCE- (July 27, 1939, ch. 387, Sec. 1, 53 Stat. 1128.) -REFTEXT- REFERENCES IN TEXT Act of June 25, 1938, referred to in text, provided for an appropriation for payment of judgments rendered by the court of claims and reported to the 75th Congress in Senate Document Numbered 191, and House Documents Numbered 661 and 686. House Document No. 661 listed a judgment in favor of the Shoshone Tribe of Indians of the Wind River Reservation in Wyoming, in the sum of $4,408,444.23, with interest on a part thereof to the date of payment, for the taking of land. -End- -CITE- 25 USC Sec. 572 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 572. Payments to individuals; expenditure of payments -STATUTE- There shall be credited on the books of the Office of Indian Affairs the sum of $2,450 to each member of said tribe whose name appears on the roll provided for in section 571 of this title, and out of such sum so credited the Secretary of the Interior is authorized to make available immediately to each individual member of the tribe the sum of $100; and, under such rules and regulations as he may prescribe, the sum of $1,350 to each adult and the sum of $500 to each minor for the following purposes: Purchase of land, improvement of lands to be acquired or already held by the Indian, for the erection and improvement of suitable homes, the purchase of building material, farming equipment, livestock, feed, food, seed, grain, tools, machinery, implements, household goods, bedding, clothing, and any other equipment or supplies necessary to enable the Indians to fit themselves for or to engage in farming, livestock, industry, or such other pursuits or vocations, including education, as will enable them to become self-supporting: Provided, however, That the funds of the aged, infirm, decrepit, and incapacitated members may be used for their proper maintenance and support in the discretion of the Secretary of the Interior. The remainder of the share of each adult individual Indian, including accrued interest, shall be made available under such rules and regulations as the Secretary of the Interior may prescribe, and the remainder of the share of each minor Indian shall, with accrued interest, be held intact until such Indian reaches the age of eighteen years, when it shall be available under the same conditions as herein provided for adults. As herein used the term "adult" shall include the members of the tribe eighteen years of age or over, and the term "minor" shall include all members less than eighteen years of age. On the death of any enrolled member, adult or minor, the sum on deposit to his credit shall be available for expenditure for the benefit of his heirs for the purposes herein authorized. -SOURCE- (July 27, 1939, ch. 387, Sec. 2, 53 Stat. 1128.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of the Department of the Interior, with certain exceptions, to the Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 573 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 573. Uses of judgment fund -STATUTE- (a) Purchase of lands Not to exceed $1,000,000 of the said judgment fund, or interest thereon, shall be available for expenditure upon the request of the tribe and with the approval of the Secretary of the Interior, for the purchase of lands in the manner prescribed in section 576 of this title. (b) Loan fund The sum of $125,000 of said judgment fund, or interest thereon, shall, at the request of the tribe and with the approval of the Secretary of the Interior, be set aside as a loan fund for making loans to individual members, or groups of members, of said tribe under such rules and regulations as may be prescribed by the Secretary of the Interior. (c) Productive enterprises The remainder of said judgment fund, including interest thereon, after making the segregation provided for in section 572 of this title, and after setting aside the respective amounts authorized by this section, shall be available for appropriation, upon the recommendation of the Secretary of the Interior, and with the consent of the tribe, for purposes of benefit to the tribe, including the establishment and administration of productive enterprises for the benefit of said tribe, and any income derived from such enterprises shall be credited to the Shoshone tribal judgment fund: Provided, That should such enterprises also benefit the Arapaho Tribe repayment proportionate to the benefit to the Arapaho Tribe shall be made into the Shoshone judgment fund by the Arapaho Tribe out of such tribal income as the Arapaho Tribe may enjoy. -SOURCE- (July 27, 1939, ch. 387, Sec. 3, 53 Stat. 1129.) -End- -CITE- 25 USC Sec. 574 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 574. Consolidation of lands -STATUTE- The Secretary of the Interior is authorized and directed to establish land-use districts within the diminished and ceded portions of the Wind River Indian Reservation, Wyoming, and, under such rules and regulations as he may prescribe, to effect the consolidation of Indian and privately owned lands within said districts through exchange, relinquishment, donation, assignment, or purchase of lands or interests therein, including water rights or surface rights to lands, improvements thereon and improvements on undisposed-of ceded lands, to the end that the respective Indian and non-Indian land holdings may be consolidated for more beneficial use. Exchanges of lands hereunder shall be made on the basis of equal value, and the value of improvements on lands to be relinquished to the Indians or by Indians, to non-Indians shall be given due consideration, and allowance made therefor in the valuation of lieu lands. This section shall apply to tribal land, and trust or otherwise restricted Indian allotments, whether the allottees be living or deceased. In all transactions involving tribal Indian land, the consent of the Shoshone and Arapaho Tribes shall first be obtained. Title to all lands or interests therein acquired by the Government through exchange of tribal land shall be taken in the name of the United States in trust for the Shoshone and Arapaho Tribes of Indians of the Wind River Reservation, Wyoming. Title to lands exchanged for individual Indian allotments, or purchased for individual Indians with restricted funds shall be taken by the United States in trust for the individual Indian allottee or heir. The right herein granted individual Indians to acquire lands by purchase with restricted funds or by exchange shall not extend to lands on the ceded or opened portion of the reservation. -SOURCE- (July 27, 1939, ch. 387, Sec. 4, 53 Stat. 1129.) -End- -CITE- 25 USC Sec. 574a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 574a. Acquisition of lands on Wind River Reservation -STATUTE- (a) Authority to hold lands in trust for individual tribe The Secretary of the Interior is hereby authorized to acquire individually in the name of the United States in trust for the benefit of the Eastern Shoshone Tribe of the Wind River Reservation or the Northern Arapaho Tribe of the Wind River Reservation, as appropriate, lands or other rights when the individual assets of only one of the tribes is used to acquire such lands or other rights. (b) Lands remain part of joint Reservation subject to exclusive tribal control Any lands acquired under subsection (a) of this section within the exterior boundaries of the Wind River Reservation shall remain a part of the Reservation and subject to the joint tribal laws of the Reservation, except that the lands so acquired shall be subject to the exclusive use and control of the tribe for which such lands were acquired. (c) Income The income from lands acquired under subsection (a) of this section shall be credited to the tribe for which such lands were acquired. (d) Savings provision Nothing in this section shall be construed to prevent the joint acquisition of lands for the benefit of the Eastern Shoshone Tribe of the Wind River Reservation and the Northern Arapaho Tribe of the Wind River Reservation. -SOURCE- (Pub. L. 103-435, Sec. 15, Nov. 2, 1994, 108 Stat. 4573.) -End- -CITE- 25 USC Sec. 575 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 575. Restoration of lands -STATUTE- The Secretary of the Interior is directed to restore to tribal ownership all undisposed-of surplus or ceded lands within the land use districts which are not at present under lease or permit to non- Indians; and, further, to restore to tribal ownership the balance of said lands progressively as and when the non-Indian owned lands within a given land use district are acquired by the Government for Indian use pursuant to the provisions of sections 571 to 577 of this title. All such restorations shall be subject to valid existing rights and claims: Provided, That no restoration to tribal ownership shall be made of any lands within any reclamation project heretofore authorized within the diminished or ceded portions of the reservation. -SOURCE- (July 27, 1939, ch. 387, Sec. 5, 53 Stat. 1129.) -MISC1- LANDS CEDED FOR RIVERTON PROJECT Act Aug. 15, 1953, ch. 509, Sec. 4, 67 Stat. 613, set out as a note under section 611 of this title, provided that all lands of the Wind River Indian Reservation ceded for the Riverton reclamation project in Wyoming and not used for such project were restored to the ownership of the Arapaho and Shoshone Tribes. -End- -CITE- 25 USC Sec. 576 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 576. Purchase of lands; reimbursement of expenditures -STATUTE- The sum of $1,000,000 authorized in section 573 of this title for use in carrying out the land purchase and consolidation program hereinbefore authorized shall remain available until expended and any amount expended shall be reimbursed with interest at 4 per centum per annum to the Shoshone Tribe of Indians of the Wind River Reservation from joint funds to the credit of the Shoshone and Arapaho Tribes of the Wind River Reservation or from future accruals to said joint fund, as and when said funds accrue. Title to all land purchases made hereunder shall be taken in the name of the United States in trust for the Shoshone and Arapaho Tribes of Indians of the Wind River Reservation, Wyoming. All purchases of lands or interests therein made pursuant to this section shall receive the approval of the Shoshone and Arapaho Tribal Councils or of the business committees thereof. -SOURCE- (July 27, 1939, ch. 387, Sec. 6, 53 Stat. 1130.) -End- -CITE- 25 USC Sec. 577 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 577. Liability of judgment funds for debts -STATUTE- In no event shall any portion of the Shoshone judgment fund become liable, payable, or subject to any debt or debts contracted prior to July 27, 1939, by any Indian of the Shoshone Tribe except debts to the United States or to the tribe. -SOURCE- (July 27, 1939, ch. 387, Sec. 7, 53 Stat. 1130.) -End- -CITE- 25 USC Sec. 581 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 581. Disposition of funds -STATUTE- The funds on deposit in the Treasury of the United States to the credit of the Shoshone Nation or Tribe of Indians and the Shoshone- Bannock Tribes that were appropriated by the Act of June 19, 1968 (82 Stat. 239), to pay a judgment in the sum of $15,700,000 entered by the Indian Claims Commission in consolidated dockets numbered 326-D, 326-E, 326-F, 326-G, 326-H, 366, and 367, and the interest thereon, after deducting attorneys' fees, litigation expenses, and other appropriation deductions, shall be apportioned by the Secretary of the Interior to the Shoshone Tribe of the Wind River Reservation, Wyoming, the Shoshone-Bannock Tribes of the Fort Hall Reservation, Idaho, and the Northwest Band of Shoshone Indians (hereinafter the "three groups"), as set forth in sections 581 to 590 of this title. -SOURCE- (Pub. L. 92-206, Sec. 1, Dec. 18, 1971, 85 Stat. 737.) -REFTEXT- REFERENCES IN TEXT Act of June 19, 1968, referred to in text, is Pub. L. 90-352, June 19, 1968, 82 Stat. 239, which provided for supplemental appropriation for fiscal year ending June 30, 1968, and was not classified to the Code. The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. -End- -CITE- 25 USC Sec. 582 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 582. Shoshone-Bannock Tribes of the Fort Hall Reservation; credit of funds -STATUTE- The sum of $500,000, and the interest thereon, less attorneys' fees and other appropriate deductions all in the proportion that the $500,000 bears to the $15,700,000, shall be credited to the Shoshone-Bannock Tribes of the Fort Hall Reservation for claims of the tribes enumerated in dockets numbered 326-D, 326-E, 326-F, 326- G, and 366. -SOURCE- (Pub. L. 92-206, Sec. 2, Dec. 18, 1971, 85 Stat. 737.) -End- -CITE- 25 USC Sec. 583 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 583. Northwestern Bands of Shoshone Indians; credit of funds -STATUTE- The sum of $1,375,000 plus the earned interest thereon less $181,732 shall be credited to the Northwestern Bands of Shoshone Indians for claims of the bands enumerated in dockets numbered 326- H, and 367. -SOURCE- (Pub. L. 92-206, Sec. 3, Dec. 18, 1971, 85 Stat. 737.) -End- -CITE- 25 USC Sec. 584 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 584. Apportionment of remaining funds; Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone Tribe of the Wind River Reservation -STATUTE- The remainder of the award shall be apportioned between the Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone Tribe of the Wind River Reservation in accordance with an agreement entered into between the Shoshone-Bannock Tribes and the Shoshone Tribe of the Wind River Reservation in May 1965, approved by the Associate Commissioner of Indian Affairs in December 1965. -SOURCE- (Pub. L. 92-206, Sec. 4, Dec. 18, 1971, 85 Stat. 737.) -End- -CITE- 25 USC Sec. 585 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 585. Membership rolls; preparation; eligibility for enrollment; application; finality of determination -STATUTE- For the purpose of apportioning the award in accordance with sections 581 to 590 of this title, membership rolls, duly approved by the Secretary of the Interior, shall be prepared for each of the three groups, as follows: (a) The governing body of the Shoshone Tribe of the Wind River Reservation and the governing body of the Shoshone-Bannock Tribes, each shall, with the assistance of the Secretary, bring current the membership rolls of their respective tribes, to include all persons born prior to and alive on December 18, 1971, who are enrolled or eligible to be enrolled in accordance with the membership requirements of their respective tribes. (b) The proposed roll of the Northwestern Bands of Shoshone Indians entitled to participate in the distribution of the judgment funds shall be prepared by the governing officers of said Northwestern Bands, with the assistance of the Secretary of the Interior, within six months after December 18, 1971, authorizing distribution of said funds. The roll shall include all persons who meet all of the following requirements of eligibility: (1) They were born prior to and alive on December 18, 1971; (2) Either their names appear on one of the following Indian census rolls of the Washakie Sub-Agency of the Fort Hall jurisdiction: (a) Roll dated January 1, 1937, by F. A. Gross, Superintendent of the Fort Hall Reservation. (b) Roll dated January 1, 1940, by F. A. Gross, Superintendent of the Fort Hall Reservation. (c) Roll dated March 10, 1954. (d) Roll dated April 21, 1964. or they possess one-quarter Shoshone Indian blood and they are descendants of those appearing on at least one of said rolls; (3) They are not recognized as members of the Shoshone-Bannock Tribes of the Fort Hall Reservation, the Shoshone Tribe of the Wind River Reservation, or any other Indian Tribe; and (4) They shall elect not to participate in any settlement of claims pending before the Indian Claims Commission in docket 326- J, Shoshone-Goshute, and docket 326-K, Western Shoshone. The proposed roll shall be published in the Federal Register, and in a newspaper of general circulation in the State of Utah. Any person claiming membership rights in the Northwestern Bands of Shoshone Indians, or any interest in said judgment funds, or a representative of the Secretary on behalf of any such person, within sixty days from the date of publication in the Federal Register, or in the newspaper of general circulation, as hereinbefore provided, whichever publication date is last, may file an appeal with the Secretary contesting the inclusion or omission of the name of any person on or from such proposed roll. The Secretary shall review such appeals, and his decision thereon shall be final and conclusive. After disposition of all such appeals to the Secretary, the roll of the Northwestern Bands of Shoshone Indians shall be published in the Federal Register and such roll shall be final. -SOURCE- (Pub. L. 92-206, Sec. 5, Dec. 18, 1971, 85 Stat. 737.) -REFTEXT- REFERENCES IN TEXT The Indian Claims Commission, referred to in par. (4), terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. -End- -CITE- 25 USC Sec. 586 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 586. Northwestern Band of Shoshone Indians; payment to enrollees; heirs or legatees; trust for minors and persons under legal disability -STATUTE- The funds apportioned to the Northwestern Band of Shoshone Indians, less attorney's fees, and expenses due the attorneys representing the Northwestern Band under an approved contract, effective March 1, 1968, shall be placed to its credit in the United States Treasury and shall be distributed equally to the members whose names appear on the final roll and in accordance with the provisions of sections 581 to 590 of this title. (a) The per capita shares shall be determined on the basis of the number of persons listed on the proposed roll published as hereinbefore provided and the number of persons on whose behalf an appeal has been taken to the Secretary contesting omission from such proposed roll. The share of those persons excluded from the final roll by reason of the decision of the Secretary on appeal shall be distributed equally to the persons included on the final roll. (b) The Secretary shall distribute a share payable to a living enrollee directly to such enrollee. The per capita share of a deceased enrollee shall be paid to his heirs or legatees upon proof of death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be final and conclusive. A share or interest therein payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines appropriate to protect the best interest of such persons. -SOURCE- (Pub. L. 92-206, Sec. 6, Dec. 18, 1971, 85 Stat. 738.) -End- -CITE- 25 USC Sec. 587 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 587. Funds apportioned to Shoshone-Bannock Tribes of the Fort Hall Reservation -STATUTE- (a) Distribution to enrollees The funds apportioned to the Shoshone-Bannock Tribes of the Fort Hall Reservation shall be placed to their credit in the United States Treasury. Seventy-five percent of such funds shall be distributed per capita to all persons born on or before and living on December 18, 1971, who are duly enrolled on the roll prepared in accordance with section 585(a) of this title. (b) Determination of per capita share The per capita shares shall be determined on the basis of the number of persons eligible for per capitas and the number of persons rejected for per capitas who have taken a timely appeal. The shares of those persons whose appeals are denied shall revert to the Shoshone-Bannock Tribes to be expended for any purpose designated by the tribal governing body and approved by the Secretary. (c) Trust for minors and persons under legal disability Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under a legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interests of such persons. (d) Remaining funds The funds remaining after provision is made for the per capita distribution may be used, advanced, expended, invested, or reinvested for any purpose authorized by the tribal governing body and approved by the Secretary of the Interior. -SOURCE- (Pub. L. 92-206, Sec. 7, Dec. 18, 1971, 85 Stat. 738.) -End- -CITE- 25 USC Sec. 588 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 588. Shoshone Tribe of the Wind River Reservation; distribution of funds -STATUTE- The funds apportioned to the Shoshone Tribe of the Wind River Reservation shall be placed to its credit in the United States Treasury and shall be distributed in accordance with the provisions of the Act of May 19, 1947, as amended (61 Stat. 102; 25 U.S.C. 611- 613). -SOURCE- (Pub. L. 92-206, Sec. 8, Dec. 18, 1971, 85 Stat. 739.) -REFTEXT- REFERENCES IN TEXT Act of May 19, 1947, referred to in text, is act May 19, 1947, ch. 80, 61 Stat. 102, as amended, which is classified generally to subchapter XIX (Sec. 611 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables. -End- -CITE- 25 USC Sec. 589 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 589. Tax exemption -STATUTE- Any funds distributed per capita under provisions of sections 581 to 590 of this title shall not be subject to Federal or State income tax. -SOURCE- (Pub. L. 92-206, Sec. 9, Dec. 18, 1971, 85 Stat. 739.) -End- -CITE- 25 USC Sec. 590 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 590. Rules and regulations -STATUTE- The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of sections 581 to 590 of this title. -SOURCE- (Pub. L. 92-206, Sec. 10, Dec. 18, 1971, 85 Stat. 739.) -End- -CITE- 25 USC Sec. 590a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 590a. Shoshone-Bannock Tribes of the Fort Hall Reservation; credit of funds -STATUTE- The funds on deposit in the United States Treasury to the credit of the Lemhi Tribe, represented by the Shoshone-Bannock Tribes of Indians of the Fort Hall Reservation, Idaho, appropriated by the Act of May 25, 1971 (Public Law 92-18), to pay a judgment of $4,500,000 entered by the Indian Claims Commission in docket numbered 326-I, and interest thereon less attorneys' fees and expenses shall be credited to the Shoshone-Bannock Tribes of the Fort Hall Reservation for the claims of said tribes enumerated in docket numbered 326-I. -SOURCE- (Pub. L. 92-442, Sec. 1, Sept. 29, 1972, 86 Stat. 743.) -REFTEXT- REFERENCES IN TEXT Act of May 25, 1971, referred to in text, is Pub. L. 92-18, May 25, 1971, 85 Stat. 40, known as the Second Supplemental Appropriation Act, 1971, which was not classified to the Code. The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. -End- -CITE- 25 USC Sec. 590b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 590b. Disposition of funds -STATUTE- The funds credited to the Shoshone-Bannock Tribes of the Fort Hall Reservation pursuant to section 590a of this title, may be advanced, deposited, expended, invested, or reinvested for any purposes that are authorized by the tribal governing body and approved by the Secretary of the Interior. -SOURCE- (Pub. L. 92-442, Sec. 2, Sept. 29, 1972, 86 Stat. 744.) -End- -CITE- 25 USC Sec. 590c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND -HEAD- Sec. 590c. Tax exemption; trusts for minors and persons under legal disability -STATUTE- None of the funds distributed per capita to members of the tribes under the provisions of sections 590a to 590c of this title shall be subject to Federal or State income taxes. A share or interest payable to enrollees less than eighteen years of age or under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines appropriate to protect the best interest of such persons. -SOURCE- (Pub. L. 92-442, Sec. 3, Sept. 29, 1972, 86 Stat. 744.) -End- -CITE- 25 USC SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA -HEAD- SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA -End- -CITE- 25 USC Sec. 591 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA -HEAD- Sec. 591. Reservation of Chippewa National Forest lands for Minnesota Chippewa Tribe -STATUTE- Subject to the payments prescribed by section 592 of this title the following-described lands are hereby eliminated from the Chippewa National Forest and permanently reserved for the use of the Minnesota Chippewa Tribe without in any manner affecting existing reserves for church, cemetery, and other purposes, or individual rights or interest in said lands: South half northwest quarter southwest quarter, southeast quarter southwest quarter, section 12; northwest quarter northwest quarter, west half northeast quarter northwest quarter, south half northwest quarter, west half southwest quarter, lots 2, 4, 5, and 6, section 13; northeast quarter southeast quarter, section 14; lots 11, 12, 13, 3, 4, 6, 7, 8, and 9, section 24, township 142 north, range 31 west, fifth principal meridian, Minnesota, excepting a tract containing approximately one and ninety one-hundredths acres, being that portion of lot 4, section 13, township 142 north, range 31 west, beginning at angle point 1, lot 5, section 13, township 142 north, range 31 west; thence north thirty-three degrees forty-two minutes east one hundred and twenty-nine and five-tenths feet; thence south eighty-nine degrees forty-eight minutes east two hundred and thirty-one and four-tenths feet; thence south one degree fifty-four minutes west eighty-five and two-tenths feet; thence south nine degrees thirty-one minutes east two hundred and five and two-tenths feet; thence south nine degrees no minutes west eighty and four-tenths feet; thence south forty-one degrees nineteen minutes west one hundred and nineteen and four-tenths feet to angle point 4, lot 5; thence along the boundary of lot 5, north fifty-one degrees no minutes west one hundred and twenty and one- tenth feet to angle point 5, lot 5, north thirty-seven degrees forty-five minutes east one hundred and twenty and one-tenth feet to angle point 6, lot 5, north fifty-one degrees no minutes west two hundred and eighty-seven and one-tenth feet to angle point 1, lot 5, and point of beginning. -SOURCE- (June 8, 1940, ch. 285, Sec. 1, 54 Stat. 254.) -End- -CITE- 25 USC Sec. 592 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA -HEAD- Sec. 592. Withdrawal of tribal funds to reimburse United States; consent of Minnesota Chippewa Tribe; disposition of receipts -STATUTE- The Secretary of the Interior is hereby authorized to withdraw from the Minnesota Chippewa tribal fund now held in trust in the Treasury of the United States a sufficient sum to reimburse the United States for the land and timber thereon, the value of the land to be calculated at $1.25 per acre, and the value of the timber to be ascertained by the Secretary of Agriculture after the same has been examined and appraised under his supervision: Provided, however, That the transaction contemplated in this section and section 591 of this title shall be effected only with the consent of the Minnesota Chippewa Tribe expressed through the body authorized to represent it: And provided further, That all money received by the United States under the authority of this subchapter shall be deposited in the Treasury of the United States, and the same is hereby appropriated for the acquisition of forest land within the Chippewa National Forest under the provisions of the Act approved March 1, 1911, as amended (U.S.C., title 16 secs. 513, 519, 521). -SOURCE- (June 8, 1940, ch. 285, Sec. 2, 54 Stat. 254.) -REFTEXT- REFERENCES IN TEXT Act approved March 1, 1911, referred to in text, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, popularly known as the Weeks Law, which is classified to sections 480, 500, 513 to 519, 521, 552, and 563 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 552 of Title 16 and Tables. -End- -CITE- 25 USC Sec. 593 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA -HEAD- Sec. 593. Exchanges of allotted, restricted, and tribal lands for Chippewa National Forest lands -STATUTE- Exchanges of Indian allotted, restricted, and tribal lands for lands in the Chippewa National Forest are hereby authorized. In order to consummate exchanges involving allotted and restricted Indian lands, the Secretary of the Interior is hereby authorized to accept relinquishments or conveyances of Indian lands, which lands shall thereupon become a part of the Chippewa National Forest, and to issue trust patents to the Indians for the lands received by them in exchange: Provided, That with the consent of the Indians involved title to the lands received in any such exchange may be taken in the name of the tribe, in which case the transfer of title shall be evidenced by an order of the Secretary of Agriculture transferring the lands to the Secretary of the Interior in trust for the Minnesota Chippewa Tribe: Provided further, That exchanges involving tribal lands shall be made only with the consent of the Indians and shall be evidenced by appropriate orders of transfer executed by the Secretary of Agriculture and the Secretary of the Interior: And provided further, That the land exchanges authorized herein shall be made on the basis of lands of equal value, and no exchange shall be made unless it is first approved by the Secretary of Agriculture. -SOURCE- (June 8, 1940, ch. 285, Sec. 3, 54 Stat. 255.) -End- -CITE- 25 USC Sec. 594 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA -HEAD- Sec. 594. Distribution of judgment funds; Mississippi Bands; Pillager and Lake Winnibigoshish Bands -STATUTE- The funds on deposit in the Treasury of the United States to the credit of the Minnesota Chippewa Tribe of Indians on behalf of the Mississippi Bands and the Pillager and Lake Winnibigoshish Bands of Chippewa Indians that were appropriated by the Act of October 31, 1965, to pay a judgment by the Indian Claims Commission in docket 18-B, and the interest thereon, after payment of attorney fees and expenses, may be advanced or expended for any purpose that is authorized by the tribal governing bodies of the Minnesota Chippewa Tribe and the White Earth, Leech Lake, and Mille Lacs Reservations with whom the members of the Mississippi Bands and Pillager and Lake Winnibigoshish Bands of Chippewa Indians are affiliated, and approved by the Secretary of the Interior. Only those persons who are descendants of the Mississippi Bands and the Pillager and Lake Winnibigoshish Bands of Chippewa Indians who were born on or prior to and living on September 27, 1967 and who meet the requirements for membership in the Minnesota Chippewa Tribe shall be entitled to share in the use or distribution of the funds. Any part of such funds that may be distributed per capita to the members of the tribe shall not be subject to the Federal or State income tax. -SOURCE- (Pub. L. 90-94, Sec. 1, Sept. 27, 1967, 81 Stat. 230.) -REFTEXT- REFERENCES IN TEXT Act of October 31, 1965, referred to in text, is Pub. L. 89-309, Oct. 31, 1965, 79 Stat. 1133. That portion of the act which appropriated the funds referred to was not classified to the Code. The Indian Claims Commission, referred to in text, was terminated on Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. -COD- CODIFICATION Section was not enacted as part of act June 8, 1940, ch. 285, 54 Stat. 254, which comprises this subchapter. -End- -CITE- 25 USC Sec. 594a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA -HEAD- Sec. 594a. Rules and regulations -STATUTE- The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this section and section 594 of this title. -SOURCE- (Pub. L. 90-94, Sec. 2, Sept. 27, 1967, 81 Stat. 230.) -COD- CODIFICATION Section was not enacted as part of act June 8, 1940, ch. 285, 54 Stat. 254, which comprises this subchapter. -End- -CITE- 25 USC SUBCHAPTER XVII - YAKIMA TRIBES 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- SUBCHAPTER XVII - YAKIMA TRIBES -End- -CITE- 25 USC Sec. 601 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 601. Membership roll; preparation; persons entitled to enrollment -STATUTE- The Secretary of the Interior is authorized and directed, with the advice and consent of the Yakima Tribal Council, to prepare a roll showing the members of the Yakima Tribes living on August 9, 1946, which roll shall be kept current and shall constitute the official membership roll of the Yakima Tribes for all purposes. No person who is enrolled with any other tribe of Indians or who has received an allotment of land on any other reservation shall be enrolled under the provisions of this subchapter. The following shall be placed on the roll: (a) All living persons who received allotments on the Yakima Reservation, except by fraud. (b) All living persons who are of the blood of the fourteen original Yakima Tribes, parties to the treaty of June 9, 1855 (12 Stat. 951), and who have received allotments on the public domain within the area ceded to the United States by the Yakima Tribes by the treaty of 1855. (c) All living persons who have maintained a domicile continuously from January 1, 1941, until August 9, 1946, on the Yakima Reservation or within the area ceded by the treaty of June 9, 1855, (12 Stat. 951), and who are (1) descendants of persons who received allotments on the Yakima Reservation, except by fraud, or (2) descendants of persons of the blood of the fourteen original Yakima Tribes who received allotments on the public domain within the area ceded by the said treaty of 1855. All living children born after January 1, 1941, but prior to August 9, 1946, to a person entitled to enrollment under this subsection shall likewise be entitled to enrollment under this subsection. (d) All children of one-fourth or more blood of the Yakima Tribes born after August 9, 1946, to a parent who is an enrolled member and maintains a domicile on the Yakima Reservation or within the area ceded by the treaty of June 9, 1855, at the time of the birth of the child. -SOURCE- (Aug. 9, 1946, ch. 933, Sec. 1, 60 Stat. 968.) -MISC1- REDESIGNATION OF YAKIMA INDIAN NATION TO YAKAMA INDIAN NATION Pub. L. 103-435, Sec. 17, Nov. 2, 1994, 108 Stat. 4573, provided that: "(a) Redesignation. - The Confederated Tribes and Bands of the Yakima Indian Nation shall be known and designated as the 'Confederated Tribes and Bands of the Yakama Indian Nation'. "(b) References. - Any reference in a law (including any regulation), map, document, paper, or other record of the United States to Confederated Tribes and Bands of the Yakima Indian Nation referred to in subsection (a) shall be deemed to be a reference to the 'Confederated Tribes and Bands of the Yakama Indian Nation'." -End- -CITE- 25 USC Sec. 602 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 602. Application to Tribal Council on exclusion from roll; minors and incompetent persons -STATUTE- Any person of one-fourth or more of the blood of the Yakima Tribes who may be excluded from enrollment under the provisions of section 601 of this title may apply for membership at any time and be enrolled upon the approval of the application by a two-thirds vote of the Yakima Tribal Council. Applications for enrollment under this section on behalf of minors and persons mentally incompetent may be filed by any enrolled member of the Yakima Tribes. -SOURCE- (Aug. 9, 1946, ch. 933, Sec. 2, 60 Stat. 969.) -End- -CITE- 25 USC Sec. 603 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 603. Correction of membership roll -STATUTE- Corrections in the roll prepared hereunder, by striking therefrom the name of any person erroneously placed on the roll or by adding to the roll the name of any person erroneously omitted therefrom, may be made at any time by the Yakima Tribal Council. -SOURCE- (Aug. 9, 1946, ch. 933, Sec. 3, 60 Stat. 969.) -REFTEXT- REFERENCES IN TEXT Hereunder, referred to in text, means act Aug. 9, 1946, ch. 933, 60 Stat. 968, which comprises this subchapter. For complete classification of this Act to the Code, see Tables. -End- -CITE- 25 USC Sec. 604 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 604. Loss of membership and removal from roll -STATUTE- Every person whose name appears on the roll prepared hereunder who holds no vested right, title, or interest in or to any restricted or trust land on the Yakima Reservation or within the area ceded by the treaty of June 9, 1855, and who has failed to maintain any tribal affiliations or a residence on the reservation or within the ceded area for a period of five consecutive years, shall no longer be considered a member of the Yakima Tribes, and his name shall be removed from the rolls. It shall be the duty of the Yakima Tribal Council to determine, subject to review by the Secretary of the Interior, loss of membership in each case. -SOURCE- (Aug. 9, 1946, ch. 933, Sec. 4, 60 Stat. 969.) -REFTEXT- REFERENCES IN TEXT Hereunder, referred to in text, means act Aug. 9, 1946, ch. 933, 60 Stat. 968, which comprises this subchapter. For complete classification of this Act to the Code, see Tables. -End- -CITE- 25 USC Sec. 605 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 605. Expulsion of members; review by Secretary -STATUTE- The Yakima Tribal Council may adopt and enforce ordinances, subject to review by the Secretary of the Interior, governing the expulsion of members for any cause deemed by the council to be sufficient. -SOURCE- (Aug. 9, 1946, ch. 933, Sec. 5, 60 Stat. 969.) -End- -CITE- 25 USC Sec. 606 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 606. Back pay and annuities on enrollment of new members -STATUTE- No person whose name shall after August 9, 1946, be placed on the roll of the Yakima Tribes shall be entitled to any back annuities or per capita payments made to the members of the tribes out of tribal funds which were authorized to be paid to the members of the tribes before such person's name shall have been placed upon such roll. -SOURCE- (Aug. 9, 1946, ch. 933, Sec. 6, 60 Stat. 969.) -End- -CITE- 25 USC Sec. 607 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 607. Divestment of inheritance of non-members -STATUTE- (a) Procedure A person who is not an enrolled member of the Yakima Tribes with one-fourth degree or more blood of such tribes shall not be entitled to receive by devise or inheritance any interest in trust or restricted land within the Yakima Reservation or within the area ceded by the Treaty of June 9, 1855 (12 Stat. 1951), if, while the decedent's estate is pending before the Examiner of Inheritance, the Yakima Tribes pay to the Secretary of the Interior, on behalf of such person, the fair market value of such interest as determined by the Secretary of the Interior after appraisal. The interest for which payment is made shall be held by the Secretary in Trust for the Yakima Tribes. (b) Time of election On request of the Yakima Tribes the Examiner of Inheritance shall keep an estate pending for not less than two years from the date of decedent's death. (c) Interest of surviving spouse When a person who is prohibited by subsection (a) of this section from acquiring any interest by devise or inheritance is a surviving spouse of the decedent, a life estate in one-half of the interest acquired by the Yakima Tribes shall, on the request of such spouse, be reserved for that spouse and the value of such life estate so reserved shall be reflected in the Secretary's appraisal under subsection (a) of this section. -SOURCE- (Aug. 9, 1946, ch. 933, Sec. 7, 60 Stat. 969; Pub. L. 91-627, Sec. 1, Dec. 31, 1970, 84 Stat. 1874.) -MISC1- AMENDMENTS 1970 - Pub. L. 91-627 designated existing provisions as subsec. (a), substituted provisions authorizing the Yakima Tribes to pay to Secretary of the Interior the fair market value, as determined by the Secretary after appraisal, of any interest in trust or restricted land within the specified areas which a person not an enrolled member of the Yakima Tribes with one-fourth degree or more blood of such tribes was to receive by devise or inheritance, for provisions limiting the inheritance of trust land on the Yakima Reservation to enrolled members of the Yakima Tribes of one-fourth or more blood of such tribes and to surviving spouses who are enrolled members but possess less than one-fourth degree of Yakima blood, with such surviving spouses authorized to inherit a life estate in not more than one-half the property, and added subsecs. (b) and (c). EFFECTIVE DATE OF 1970 AMENDMENT Section 2 of Pub. L. 91-627 provided that: "The provisions of section 7 of the Act of August 9, 1946, as amended by this Act [this section], shall apply to all estates pending before the Examiner of Inheritance on the date of this Act [Dec. 31, 1970], and to all future estates, but shall not apply to any estate heretofore closed." -End- -CITE- 25 USC Sec. 608 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 608. Purchase, sale, and exchange of land -STATUTE- (a) Authority of Secretary; manner and place The Secretary of the Interior is authorized in his discretion, to - (1) purchase for the Yakima Tribes, with any funds of such tribes, and to otherwise acquire by gift, exchange, or relinquishment, any lands or interest in lands or improvements thereon within the Yakima Indian Reservation or within the area ceded to the United States by the Treaty of June 9, 1855; (2) sell or approve sales of any tribal trust lands, any interest therein or improvements thereon, such sales being limited to agencies of the Federal, State, or local governments for recreational, educational, civic, or other public purposes, and to individual members of the tribes; (3) exchange any tribal trust lands, including interests therein or improvements thereon, for any lands situated within such reservation or the area ceded to the United States by the treaty of June 9, 1855; and (b) Multiple ownership of land Where lands are held in multiple ownership, the Secretary is authorized to sell and exchange such lands to other Indians or the Yakima Tribes only if the sale or exchange is authorized in writing by the owners of at least a majority interest in such lands; except that no greater percentage of approval of individual Indians shall be required under sections 608 to 608c of this title than in any other statute of general application approved by Congress. (c) Acquisitions to be held in trust Lands and interests in lands acquired by the Secretary pursuant to subsection (a)(1) of this section and for the benefit of the Yakima Indian Nation pursuant to section 465 of this title shall be held in trust by the United States for the benefit of the Yakima Indian Nation. (d) Terms and conditions The Secretary shall obtain the advice and consent of the Yakima tribal council before entering into any of the above transactions involving the acquisition or disposition of tribal land. The terms and conditions of any such transaction, including the price at which any land is so purchased or sold and the valuation of any lands so exchanged, shall be mutually agreed upon by the Secretary, the Yakima tribal council, and the individual Indian or Indians concerned. Any such exchange of lands shall be effected on the basis of approximately equal consideration with due allowance for the value of improvements in determining the value of such lands. -SOURCE- (July 28, 1955, ch. 423, Sec. 1, 69 Stat. 392; Pub. L. 88-540, Sec. 1, Aug. 31, 1964, 78 Stat. 747; Pub. L. 100-581, title II, Sec. 213, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101-301, Sec. 1(a)(3), (b), May 24, 1990, 104 Stat. 206.) -COD- CODIFICATION Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60 Stat. 968, which comprises this subchapter. -MISC1- AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-301, Sec. 1(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "In all cases in which the Secretary is acquiring for the Yakima Tribes lands or interests in lands presently held in trust or under restrictions for the benefit of an individual Indian, title shall be taken in the name of the United States in trust for the Yakima Tribes. In all cases in which land being purchased is presently held by the grantor in fee simple, title shall be taken for and held by the Yakima Tribes in fee and such land shall not, by reason of its being owned by the tribes, be exempt from taxation in accordance with the laws of the State of Washington." Pub. L. 101-301, Sec. 1(a)(3), repealed Pub. L. 100-581, Sec. 213. See 1988 Amendment note below. 1988 - Subsec. (c). Pub. L. 100-581, Sec. 213, which directed the general amendment of subsec. (c) of Pub. L. 88-540, cited as a credit to this section, was repealed by Pub. L. 101-301, Sec. 1(a)(3). 1964 - Pub. L. 88-540 amended section generally, and among other changes, permits acquisitions by gift or relinquishment, acquisition of any land within the reservation or area ceded to the United States by the treaty of June 9, 1855, sale of tribal land not only to tribe members, but also to Federal, State, or local government for recreational, educational, civic, or other public purposes, exchange of tribal land for any land within the reservation or the ceded area, lands held in multiple ownership to be sold or exchanged upon the written authorization of owners of at least a majority interest in the lands or any lesser percentage that may be provided in a statute of general application, and title to land in fee status acquired by the tribes to be taken in fee status. -End- -CITE- 25 USC Sec. 608a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 608a. Sale of tribal trust lands, etc. -STATUTE- (a) Title subsequent to sale Title to tribal trust lands, interests, improvements, or rights sold by the Secretary to individual members of the Yakima Tribes or exchanged by the Secretary for lands held under trust patent or other restrictions against alienation by individual members of the tribes and other Indians or for lands in heirship status shall be held by the United States in trust for the individual Indian or Indians concerned. (b) Credit of proceeds to tribal funds Sums derived from the sale of tribal trust lands interests, improvements, and rights shall be credited to the tribal funds of the Yakima Tribes. -SOURCE- (July 28, 1955, ch. 423, Sec. 2, 69 Stat. 393; Pub. L. 88-540, Sec. 2, Aug. 31, 1964, 78 Stat. 748.) -COD- CODIFICATION Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60 Stat. 968, which comprises this subchapter. -MISC1- AMENDMENTS 1964 - Subsec. (a). Pub. L. 88-540 struck out provisions that title to lands, interests, improvements, or rights acquired under section 608 of this title by the Secretary for the Yakima Tribes through purchase or exchange shall be held by the United States in trust for the Yakima Tribes. -End- -CITE- 25 USC Sec. 608b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 608b. Rights of lessee -STATUTE- (a) No transaction entered into under sections 608 to 608c of this title shall affect, without the consent of the lessee, any lease of lands, interests, improvements, or rights involved in such transaction, or any right of the lessee with respect to extension or renewal of such lease, which is in existence at the time such transaction is entered into. (b) Repealed, Pub. L. 88-540, Sec. 3, Aug. 31, 1964, 78 Stat. 748. -SOURCE- (July 28, 1955, ch. 423, Sec. 3, 69 Stat. 393; Pub. L. 88-540, Sec. 3, Aug. 31, 1964, 78 Stat. 748.) -COD- CODIFICATION Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60 Stat. 968, which comprises this subchapter. -MISC1- AMENDMENTS 1964 - Subsec. (b). Pub. L. 88-540 repealed subsec. (b) which provided: "Nothing in sections 608-608c of this title shall affect the existing status of any lands, interests, improvements, or rights with respect to taxation." -End- -CITE- 25 USC Sec. 608c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 608c. Regulations -STATUTE- The Secretary is authorized to prescribe such regulations as may be necessary to carry out the purposes of sections 608 to 608c of this title. -SOURCE- (July 28, 1955, ch. 423, Sec. 4, 69 Stat. 393.) -COD- CODIFICATION Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60 Stat. 968, which comprises this subchapter. -End- -CITE- 25 USC Sec. 609 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 609. Action to determine title to judgment fund; claim of Confederated Tribes of the Colville Reservation; jurisdiction of Court of Claims -STATUTE- The Confederated Tribes of the Colville Reservation, acting through the chairman of its business council, and the Yakima Tribes of Indians of the Yakima Reservation, acting through the chairman of its tribal council, for and on behalf of said tribes and each and all their constituent tribal groups, are each hereby authorized to commence or defend in the United States Court of Claims an action against each other making claims to a share in the funds that are on deposit in the Treasury of the United States to pay a judgment of the Indian Claims Commission dated April 5, 1965, in dockets numbered 161, 222, and 224, and the interest on said funds; and jurisdiction is hereby conferred upon said court to hear such claims and to render judgment and decree thereon making such division of such funds and the interest on such funds, as may be just and fair in law and equity, between the Confederated Tribes of the Colville Reservation and its constituent tribal groups on the one hand, and the Yakima Tribes of Indians of the Yakima Reservation and its constituent tribal groups on the other hand. -SOURCE- (Pub. L. 90-278, Sec. 1, Mar. 30, 1968, 82 Stat. 69.) -REFTEXT- REFERENCES IN TEXT The United States Court of Claims, referred to in text, and the United States Court of Customs and Patent Appeals were merged effective Oct. 1, 1982, into a new United States Court of Appeals for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a United States Claims Court [now United States Court of Federal Claims] that inherited the trial jurisdiction of the Court of Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial Procedure. The Indian Claims Commission, referred to in text, was terminated on Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. -COD- CODIFICATION Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60 Stat. 968, which comprises this subchapter. -End- -CITE- 25 USC Sec. 609a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 609a. Tax exemption -STATUTE- Any part of such funds that may be distributed per capita to the members of the tribes shall not be subject to Federal or State income tax. -SOURCE- (Pub. L. 90-278, Sec. 2, Mar. 30, 1968, 82 Stat. 69.) -COD- CODIFICATION Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60 Stat. 968, which comprises this subchapter. -End- -CITE- 25 USC Sec. 609b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 609b. Disposition of judgment fund; deductions; advances, expenditures, investments, or reinvestments for authorized purposes -STATUTE- The funds appropriated by the Act of October 31, 1965 (79 Stat. 1133, 1152), to pay judgments to the Yakima Tribes of the Yakima Reservation in Indian Claims Commission docket numbered 47-A and 162, and by the Act of July 22, 1969 (83 Stat. 49), in consolidated dockets 47 and 164, together with interests thereon, after payment of attorney fees and litigation expenses, may be advanced, expended, invested, or reinvested for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior. -SOURCE- (Pub. L. 91-413, Sec. 1, Sept. 25, 1970, 84 Stat. 865.) -REFTEXT- REFERENCES IN TEXT Act of October 31, 1965, referred to in text, is Pub. L. 89-309, Oct. 31, 1965, 79 Stat. 1133, 1152. That portion of the act which appropriated the funds referred to was not classified to the Code. The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. Act of July 22, 1969, referred to in text, is Pub. L. 91-47, July 22, 1969, 83 Stat. 49. That portion of the act which appropriated the funds referred to was not classified to the Code. -COD- CODIFICATION Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60 Stat. 968, which comprises this subchapter. -End- -CITE- 25 USC Sec. 609b-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 609b-1. Tax exemption; trusts and other procedures for protection of minors and persons under legal disability -STATUTE- Any part of such funds that may be distributed per capita under the provisions of section 609b of this title and this section shall not be subject to Federal or State income tax; and any per capita share payable to a person under twenty-one years of age or to a person under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines will adequately protect the best interest of such persons. -SOURCE- (Pub. L. 91-413, Sec. 2, Sept. 25, 1970, 84 Stat. 865.) -COD- CODIFICATION Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60 Stat. 968, which comprises this subchapter. -End- -CITE- 25 USC Sec. 609c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 609c. Disbursement of minor's share of judgment funds -STATUTE- (a) Definitions For purposes of this section and section 609c-1 of this title, the term - (1) "tribe" means the Confederated Tribes and Bands of the Yakama Indian Nation or the Apache Tribe of the Mescalero Reservation; (2) "tribal governing body" means the governing body of a tribe or a committee of the members of such body designated by such body for purposes of this section and section 609c-1 of this title; (3) "Secretary" means the Secretary of the Interior acting through (unless otherwise determined by the Secretary) the Superintendent of the Bureau of Indian Affairs Agency serving the tribe involved; (4) "minor" means a member of a tribe, or descendant of a member of a tribe, who has not attained the age of eighteen years and who has a minor's share; (5) "minor's share" means the per capita share of a judgment award, and the investment income accruing thereto, which is held in trust by the Secretary for a minor; and (6) "parent" means the biological or adoptive parent or parents, or other legal guardian, of a minor. (b) Disbursement to parent of minor Notwithstanding any provision of the Act of October 19, 1973 (87 Stat. 466) [25 U.S.C. 1401 et seq.], the Act of March 12, 1968 (82 Stat. 47), or any other law, or any regulation or plan promulgated pursuant thereto, the minor's share of judgment funds heretofore or hereafter awarded by the Indian Claims Commission or the United States Court of Claims to a tribe may be disbursed to a parent of such minor pursuant to this section and section 609c-1 of this title. (c) Disbursements under plan for best interest of minor The minor's share of judgment funds may be disbursed in such amounts deemed necessary by such parent for the best interest of the minor for the minor's health, education, welfare, and emergencies under a plan governing such funds for each minor (or a plan governing funds of all minors in a family) approved by the Secretary and the tribal governing body of the minor's tribe. (d) Monthly reports The Secretary shall provide a monthly report to each tribal governing body which has approved one or more plans pursuant to subsection (c) of this section. Each such report shall include the amount and purpose of every disbursement made during each month under such plans. -SOURCE- (Pub. L. 95-433, Sec. 1, Oct. 10, 1978, 92 Stat. 1047; Pub. L. 103- 435, Sec. 17(b), Nov. 2, 1994, 108 Stat. 4573.) -REFTEXT- REFERENCES IN TEXT Act of October 19, 1973, referred to in subsec. (b), is Pub. L. 93-134, Oct. 19, 1973, 87 Stat. 466, as amended, known as the Indian Tribal Judgment Funds Use or Distribution Act, which is classified generally to chapter 16 (Sec. 1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1401(c) of this title and Tables. Act of March 12, 1968, referred to in subsec. (b), is Pub. L. 90- 266, which authorized the consolidation and use of funds in favor of the Apache Tribe of the Mescalero Reservation, and was not classified to the Code. The Indian Claims Commission, referred to in subsec. (b), terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. The United States Court of Claims, referred to in subsec. (b), and the United States Court of Customs and Patent Appeals were merged effective Oct. 1, 1982, into a new United States Court of Appeals for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a United States Claims Court [now United States Court of Federal Claims] that inherited the trial jurisdiction of the Court of Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial Procedure. -MISC1- AMENDMENTS 1994 - Subsec. (a)(1). Pub. L. 103-435 substituted "Confederated Tribes and Bands of the Yakama Indian Nation" for "Confederated Tribes and Bands of the Yakima Indian Nation". -End- -CITE- 25 USC Sec. 609c-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVII - YAKIMA TRIBES -HEAD- Sec. 609c-1. Tax exemption; eligibility for Federal assistance without regard to payments -STATUTE- Any part of any of the judgment funds referred to in section 609c of this title that may be distributed per capita to, or held in trust for the benefit of, the members of a tribe, including minor's shares, shall not be subject to Federal or State income tax, and the per capita payment shall not be considered as income or resources when determining the extent of eligibility for assistance under the Social Security Act [42 U.S.C. 301 et seq.], or any other Federal or federally assisted program. -SOURCE- (Pub. L. 95-433, Sec. 2, Oct. 10, 1978, 92 Stat. 1047.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (Sec. 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. -End- -CITE- 25 USC SUBCHAPTER XVIII - SWINOMISH TRIBE 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVIII - SWINOMISH TRIBE -HEAD- SUBCHAPTER XVIII - SWINOMISH TRIBE -End- -CITE- 25 USC Sec. 610 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVIII - SWINOMISH TRIBE -HEAD- Sec. 610. Purchase of lands within, adjacent to, or in close proximity to boundaries of Swinomish Indian Reservation -STATUTE- The Secretary of the Interior is authorized to purchase with funds made available by the Swinomish Indian Tribal Community any land or interest in land within, adjacent to, or in close proximity to the boundaries of the Swinomish Indian Reservation. -SOURCE- (Pub. L. 90-534, Sec. 1, Sept. 28, 1968, 82 Stat. 884.) -End- -CITE- 25 USC Sec. 610a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVIII - SWINOMISH TRIBE -HEAD- Sec. 610a. Sale or exchange of lands; money equalization payments -STATUTE- Any land or interest in land now owned or hereafter acquired by or in trust for the Swinomish Indian Tribal Community may be sold or exchanged for other land or interest in land within, adjacent to, or in close proximity to the boundaries of the Swinomish Indian Reservation, and the land values involved in an exchange must be equal or be equalized by the payment of money. -SOURCE- (Pub. L. 90-534, Sec. 2, Sept. 28, 1968, 82 Stat. 884.) -End- -CITE- 25 USC Sec. 610b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVIII - SWINOMISH TRIBE -HEAD- Sec. 610b. Title to lands; tax exemption; prohibition of restrictions -STATUTE- Title to any land acquired pursuant to this subchapter shall be taken in the name of the United States in trust for the Swinomish Indian Tribal Community and shall be nontaxable if the land is within the boundaries of the Swinomish Indian Reservation, and title shall be taken in the name of the Community subject to no restrictions on alienation, taxation, management, or use if the land is outside such boundaries. -SOURCE- (Pub. L. 90-534, Sec. 3, Sept. 28, 1968, 82 Stat. 884.) -End- -CITE- 25 USC Sec. 610c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVIII - SWINOMISH TRIBE -HEAD- Sec. 610c. Mortgages or deeds in trust; law governing mortgage foreclosure or sale; United States as party; removal of cases: appeals -STATUTE- The Swinomish Indian Tribal Community may, with the approval of the Secretary of the Interior, execute mortgages or deeds of trust to land the title to which is held by the community, or by the United States in trust for the community. Such land shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the State of Washington. The United States shall be an indispensable party to, and may be joined in, any such proceeding involving trust land with the right to remove the action to the United States district court for the district in which the land is situated, according to the procedure in section 1446 of title 28, and the United States shall have the right to appeal from any order of remand entered in such action. -SOURCE- (Pub. L. 90-534, Sec. 4, Sept. 28, 1968, 82 Stat. 884.) -End- -CITE- 25 USC Sec. 610d 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVIII - SWINOMISH TRIBE -HEAD- Sec. 610d. Moneys or credits for tribal purposes -STATUTE- Any moneys or credits received or credited to the Swinomish Indian Tribal Community from the sale, exchange, mortgage, or granting of any security interest in any tribal land may be used for tribal purposes. -SOURCE- (Pub. L. 90-534, Sec. 5, Sept. 28, 1968, 82 Stat. 884.) -End- -CITE- 25 USC Sec. 610e 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XVIII - SWINOMISH TRIBE -HEAD- Sec. 610e. Assignment of income -STATUTE- The Swinomish Indian Tribal Community may assign any income due it, subject to approval of the Secretary of the Interior. Such approval may be given in general terms or may be limited to specified assignments. -SOURCE- (Pub. L. 90-534, Sec. 7, Sept. 28, 1968, 82 Stat. 884.) -End- -CITE- 25 USC SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING -HEAD- SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING -End- -CITE- 25 USC Sec. 611 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING -HEAD- Sec. 611. Division of trust fund on deposit in United States Treasury to joint credit of both tribes -STATUTE- The Secretary of the Interior is authorized and directed to divide the trust funds on deposit in the Treasury of the United States to the joint credit of the Shoshone and Arapaho Tribes of the Wind River Reservation, Wyoming, including the unexpended balance of the treaty funds arising under section 12 of the Act of June 7, 1897 (30 Stat. 93), between the Shoshone Tribe and the Arapaho Tribe, crediting one-half of the total amount in the principal account to a principal trust fund account and one-half of the total amount in the interest account to an interest trust fund account for each tribe: Provided, That in dividing the funds there shall be taken into consideration in determining the amount to be credited to each tribe the outstanding loans made from joint trust funds to the Indians of each tribe. -SOURCE- (May 19, 1947, ch. 80, Sec. 1, 61 Stat. 102.) -REFTEXT- REFERENCES IN TEXT Section 12 of the Act of June 7, 1897 (30 Stat. 93), referred to in text, is act June 7, 1897, ch. 3, Sec. 12, 30 Stat. 93, which was not classified to the Code. -MISC1- WIND RIVER INDIAN RESERVATION; MINERAL RIGHTS Pub. L. 85-780, Aug. 27, 1958, 72 Stat. 935, provided: "That, from and after the effective date of this Act [Aug. 27, 1958], all of the right, title, and interest of the United States in all minerals, including oil and gas, the Indian title, to which was extinguished by the Act of August 15, 1953 (67 Stat. 592; Public Law 284, Eighty-third Congress, first session [set out as a note under this section]), entitled 'An Act to provide compensation to the Shoshone and Arapahoe Tribes of Indians for certain lands of the Riverton reclamation project within the ceded portion of the Wind River Indian Reservation, and for other purposes', is hereby declared to be held by the United States in trust for the Shoshone and Arapahoe Tribes and, notwithstanding any other provision of law, said minerals, including oil and gas, subject to the provisions of section 2 of this Act, shall be administered and leased in accordance with the provisions of the Act of May 11, 1938 (ch. 198, 52 Stat. 347 [sections 396a to 396g of this title]). The gross proceeds received by the United States from such minerals either before or after the date of this Act shall be deposited to the credit of the Shoshone and Arapahoe Tribes in accordance with the provisions of the Act of May 19, 1947 (61 Stat. 102), as amended [this subchapter], and any of such gross proceeds that have been credited to miscellaneous receipts in the Treasury of the United States in accordance with the provisions of section 5 of the Act of August 15, 1953 (67 Stat. 592 [set out as a note under this section]), shall be transferred on the books of the Treasury to the credit of such tribes. "Sec. 2. Notwithstanding any other provision of law, (1) all mineral leases, including oil and gas leases, covering any of the minerals referred to in section 1 hereof, which have heretofore been issued by the Secretary of the Interior on a noncompetitive basis, shall be subject to renewal at the end of the primary five- year term thereof for a term that extends to a date that is five years from the date of this Act [Aug. 27, 1958] and shall not be subject to renewal or further extension except in any case where, at the expiration of said extended term, oil or gas is being produced under the lease in paying quantities, and (2) the Secretary of the Interior shall process in accordance with the Mineral Leasing Act of February 25, 1920 (ch. 85, 41 Stat. 437), as amended [section 181 et seq. of Title 30, Mineral Lands and Mining], and the regulations issued thereunder, all oil and gas lease offers covering any of the oil and gas referred to in section 1 hereof which were filed on or before December 31, 1957: Provided, That any oil and gas lease issued pursuant to such lease offers shall be for a single term of five years commencing with the effective date of the lease and shall not be subject to renewal or extension except in any case where at the expiration of said five- year term, oil or gas is being produced under the lease in paying quantities. "Any oil or gas lease referred to in subparagraph (1) of this section and any oil or gas lease which may hereafter be issued pursuant to the lease offers referred to in subparagraph (2) of this section shall be subject to the provisions of section 1 (1) of the Act of July 29, 1954 (ch. 644, 68 Stat. 583), amendatory of the second paragraph of section 17 of the Mineral Leasing Act of February 25, 1920 (ch. 85, 41 Stat. 443), as amended [section 226 of title 30]." WIND RIVER INDIAN RESERVATION; COMPENSATION FOR LANDS OF THE RIVERTON RECLAMATION PROJECT Act Aug. 15, 1953, ch. 509, 67 Stat. 592, provided that: "There is hereby authorized to be transferred in the Treasury of the United States from funds now or hereafter made available for carrying on the functions of the Bureau of Reclamation and to be placed to the credit of the Shoshone and Arapahoe Tribes of Indians of the Wind River Indian Reservation in Wyoming, the sum of $1,009,500, said sum shall be credited to and expended for the benefit of said tribes and their members as provided by the Act of May 19, 1947 (61 Stat. 102), as amended by the Act of August 30, 1951 (65 Stat. 208), and by the Act of July 17, 1953 (Public Law 132, Eighty-third Congress) [this subchapter], and as may be hereinafter amended, and shall be deemed to constitute full, complete, and final compensation, except as provided in section 5 of this Act, for terminating and extinguishing all of the right, title, estate, and interest, including minerals, gas and oil, of said Indian tribes and their members of, in and to the lands, interests in lands, and any and all past and future damages arising out of the cession to the United States, pursuant to the Act of March 3, 1905 (33 Stat. 1016) of that part of the former Wind River Indian Reservation lying within * * * the proposed exterior boundaries of the Riverton reclamation project, Fremont County, Wyoming * * *". * * * * * "* * * Provided, That any member, or the heirs or assignees of any member, of either of said tribes, who on the 24th day of July 1952, had an existing and valid assignment on any part of the above- described land, shall have the right, at his or her option, within one year after the date of enactment of this Act [Aug. 15, 1953] to enter into a contract with the United States, by and through the Bureau of Reclamation, for the purchase, at a price and on terms satisfactory to the Secretary of the Interior, of all or any contiguous part of such assignment, and upon final payment of the purchase price therefor, a fee patent accordingly shall be issued to such assignee, subject to reservations of all oil, gas, and minerals to the United States, and subject to section 5 of this Act, and if any part of the land so selected shall contain land irrigable under the Riverton reclamation project, then said patented land shall be subject to all irrigation charges, taxes, and liens imposed by Federal or State law, to the same extent and in like manner as other lands of the Riverton reclamation project: Provided further, That all existing contracts relating to irrigation charges, with respect to such irrigable land, shall remain in full force and effect: And provided further, That nothing in this Act shall be construed to affect the rights and interests in and to any land embraced within the tract described herein that has been allotted to an individual member of either of the said tribes which, on the date of enactment of this Act [Aug. 15, 1953], is held by the United States in trust for such member or his or her heirs. "Sec. 2. Subject only to the existing rights and interests which are not extinguished and terminated by this Act, all unentered and vacant lands within the area described in section 1 hereof, are hereby restored to the public domain for administration, use, occupancy, and disposal under the reclamation and public land laws of the United States: Provided, That the sale or other disposition of such lands shall be at rates and upon terms and conditions approved by the Secretary of the Interior: Provided further, That the average price of all such lands disposed of by sale shall be not less than $6.25 per acre. "Sec. 3. The sum transferred to the credit of the Shoshone and Arapahoe Tribes of Indians as aforesaid and the expenses of carrying out the provisions of this Act shall be nonreimbursable and nonreturnable under the reclamation laws of the United States. The net proceeds derived from the disposal of said lands shall be covered into the general fund of the Treasury or into the reclamation fund as the Secretary of the Interior shall find appropriate in the light of the source from which the funds transferred or expended in carrying out this Act are derived. "Sec. 4. Subject to any outstanding rights and interests, all of the ceded lands of the Wind River Reservation withdrawn pursuant to the Act of June 17, 1902, for the development of the Riverton reclamation project, Wyoming, not included within the boundaries of the tract described in section 1 of this Act, are hereby restored to the ownership of said tribes to the same extent as the ownership provided by the Act of July 27, 1939 (53 Stat. 1128) [sections 571 to 577 of this title], with respect to vacant lands ceded to the United States under the provisions of the Act of March 3, 1905 (33 Stat. 1016), but not subsequently withdrawn for reclamation purposes: Provided, That the compensation authorized in section 1 hereof shall also be deemed to release the United States from any and all claims for damages whatsoever arising out of withdrawal of lands herein restored to tribal ownership. "Sec. 5. Notwithstanding any other provision of law, the United States shall deposit in the Treasury of the United States to the credit of said tribes, to be available for expenditure for the benefit of said tribes and their members, as provided by the Act of May 19, 1947 (61 Stat. 102), as amended by the Act of August 30, 1951 (65 Stat. 208), and by the Act of July 17, 1953 (Public Law 132, Eighty-third Congress) [this subchapter], and as may be hereinafter amended, 90 per centum of the gross receipts of the United States, as they are received from time to time, from all leases, bonuses, royalties, or other proceeds derived under the mining and mineral-leasing laws of the United States from any and all lands in which all rights and interests of the tribes are terminated and extinguished by the terms and conditions of section 1 of this Act and which are embraced within the boundaries of the tract described in said section 1. Notwithstanding any other provision of law the remaining 10 per centum of such gross receipts shall be deposited in the Treasury of the United States to the credit of miscellaneous receipts. "Sec. 6. Should this Act become law subsequent to June 30, 1954, there is hereby reserved to the Shoshone and Arapahoe Tribes the privilege of rejecting, within one hundred and twenty days after the date of the Act [Aug. 15, 1953], the terms and conditions of its sections 1, 4, and 5. If those terms and conditions are rejected, no part of the Act shall become effective. "Sec. 7. The Secretary of the Interior is authorized to perform any and all acts to carry out the provisions and purposes of this Act." -End- -CITE- 25 USC Sec. 612 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING -HEAD- Sec. 612. Establishment of trust fund for each tribe; transfer of funds; interest; crediting of revenues, receipts, and proceeds of judgments -STATUTE- The Secretary of the Treasury, upon request of the Secretary of the Interior, is authorized and directed to establish a trust fund account for each tribe and shall make such transfer of funds on the books of his department as may be necessary to effect the purpose of section 611 of this title: Provided, That interest shall accrue on the principal fund only, at the rate of 4 per centum per annum, and shall be credited to the interest trust fund accounts established by this section: Provided further, That all future revenues and receipts derived from the Wind River Reservation under any and all laws, and the proceeds from any judgment for money against the United States hereafter paid jointly to the Shoshone and Arapahoe Tribes of the Wind River Reservation, shall be divided in accordance with section 611 of this title and credited to the principal trust fund accounts established herein; and the proceeds from any judgment for money against the United States hereafter paid to either of the tribes singly shall be credited to the appropriate principal trust fund account. -SOURCE- (May 19, 1947, ch. 80, Sec. 2, 61 Stat. 102; Aug. 30, 1951, ch. 367, Sec. 1, 65 Stat. 208; Pub. L. 85-610, Sec. 1, Aug. 8, 1958, 72 Stat. 541.) -MISC1- AMENDMENTS 1958 - Pub. L. 85-610 substituted "Secretary of the Treasury" for "Comptroller of the United States", required division of future receipts from Reservation and proceeds from judgments paid jointly to Tribes, and provided for manner of crediting proceeds from judgments paid to either of Tribes. 1951 - Act Aug. 30, 1951, substituted "any" for "existing" before "law" in second proviso. -End- -CITE- 25 USC Sec. 613 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING -HEAD- Sec. 613. Advances or expenditures from tribal funds; emergency and educational loans; payments to individuals of tribes; per capita payments not subject to liens or claims; exception -STATUTE- Notwithstanding any other provision of existing law, the trust funds credited to the Shoshone Tribe and the Arapahoe Tribe, respectively, under the provisions of this subchapter shall be available for expenditure or for advance to the tribes for such purposes as may be requested by the business council of the tribe concerned and approved by the Secretary of the Interior, or such official as may be designated by him: Provided, That the Secretary of the Interior is directed to make available out of the trust funds of the Shoshone Tribe the sum of $7,500 for the purpose of making emergency and educational loans on the authority and responsibility of the Shoshone Tribe, through its business council, without liability to the United States and free from regulation or approval by the Secretary of the Interior: Provided further, That, commencing as soon after August 8, 1958 as the Secretary of the Interior determines may be practicable in order to change from the existing quarterly payment system, but not later than January 1, 1959, 85 per centum of said trust funds shall be paid per capita to the members of the respective tribes in equal monthly installments on the first day of each month, or as near thereto as practicable, or with the approval of the Secretary of the Interior, at such more frequent intervals as the tribes may request. The amount of the monthly payments during any one calendar year shall be determined by the Secretary of the Interior on the basis of estimated anticipated income for that calendar year: Provided further, That the Secretary may increase or decrease the amount of the monthly payments in the light of actual receipts during the calendar year, and in order to avoid the omission of a payment or a reduction in the amount that would cause unnecessary hardship the Secretary may permit the total monthly payments for a year to exceed 85 per centum of the actual receipts for that year and deduct the excess from the receipts of the following or succeeding years before determining the amount of the monthly payments for such succeeding years: Provided further, That said per capita payments shall not be subject to any lien or claim of any nature against any of the members of said tribes unless the business council of such member shall consent thereto in writing, except as to reimbursable Treasury loans made to individual members of either tribe which may be due to the United States, and except as to irrigation charges owed by individual Indians to the United States with respect to lands for which water is requested and received by said individual Indians, and with respect to lands that are determined by the Secretary of the Interior to be properly classified under existing law on the basis of the survey undertaken by the Secretary after the amendment of this section on July 25, 1956 (70 Stat. 642): Provided further, That quarterly per capita payments under this subchapter shall continue without interruption until the monthly per capita payments are put into effect on or before January 1, 1959. -SOURCE- (May 19, 1947, ch. 80, Sec. 3, 61 Stat. 102; Aug. 30, 1951, ch. 367, Sec. 2, 65 Stat. 209; July 17, 1953, ch. 223, 67 Stat. 179; Aug. 9, 1955, ch. 638, 69 Stat. 557; July 25, 1956, ch. 723, Sec. 1, 70 Stat. 642; Pub. L. 85-610, Sec. 2, Aug. 8, 1958, 72 Stat. 541.) -MISC1- AMENDMENTS 1958 - Pub. L. 85-610 substituted "business council" for "tribal council", to authorize $7,500 for emergency and educational loans, permitted monthly payments instead of quarterly payments and allowed for payments at more frequent intervals if the tribes so request, required the Secretary to determine the amount of monthly payments during any calendar year on the basis of estimated anticipated income for that calendar year, provided for increases and decreases in monthly payments and omitted provisions which related to authority of the Secretary to protect and conserve funds payable to minors and incompetents. 1956 - Act July 25, 1956, increased per capita payments from 80 to 85 percent, extended period of payments from May 19, 1957, to May 19, 1959, subjected per capita payments to irrigation charges with respect to lands that are determined by the Secretary of the Interior to to be properly classified under existing law on the basis of a survey, and inserted provisions relating to authority of the Secretary to protect and conserve funds payable to minors and incompetents. 1955 - Act Aug. 9, 1955, permitted quarterly per capita payments instead of semiannual payments. 1953 - Act July 17, 1953, increased per capita distribution from two-thirds to 80 per centum. 1951 - Act Aug. 30, 1951, substituted "ten" for "five" before "years" in first proviso. PER CAPITA PAYMENTS AFTER MAY 19, 1959 Section 2 of act July 25, 1956, directed Secretary of the Interior to report to Congress before Jan. 1, 1958, in order to determine the conditions under which per capita payments could be authorized after May 19, 1959, (1) recommendations regarding any new authority, if any, needed to protect adequately the interests of minors and incompetent Indians, (2) results of a survey and reclassification of the lands that should be removed from the irrigation project, and (3) adequacy of tribal contribution to cost of administering the reservation. -End- -CITE- 25 USC SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS -HEAD- SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS -End- -CITE- 25 USC Sec. 621 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS -HEAD- Sec. 621. Portions of tribal lands to be held in trust by the United States; remainder to become part of the public domain -STATUTE- Title to the lands and the improvements thereon, lying and situated within the State of New Mexico, which have been acquired by the United States under authority of title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115), section 55 of title I of the Act of August 24, 1935 (49 Stat. 750, 781), the Bankhead-Jones Farm Tenant Act (50 Stat. 522, 525) and subsequent emergency relief appropriation Acts administrative jurisdiction over which has heretofore been transferred by the President from the Secretary of Agriculture to the Secretary of the Interior, to be administered through the Commissioner of Indian Affairs for the benefit of the Indians, by Executive Orders Numbered 7792, 7975, 8255, 8471, 8696, and 8472 and that title to the public domain lands and improvements thereon, lying and situated within the State of New Mexico, which were withdrawn in aid of proposed legislation by the Secretary of the Interior on December 23, 1938, and May 31, 1939, and now in use by Pueblo or Canoncito Navajo Indians, excepting those portions thereof used by the United States for administrative purposes, is declared to be in the United States of America in trust for the respective tribes, bands, or groups of Indians occupying and using same as a part of their respective existing reservations, subject to valid existing rights. The remainder of the aforesaid land is declared to be a part of the public domain of the United States and shall be transferred by the Secretary of the Interior to the Bureau of Land Management for administration under the provisions of the Act of Congress of June 28, 1934, generally known as Taylor Grazing Act [43 U.S.C. 315 et seq.] (48 Stat. 1269, as amended). The boundaries and descriptions of the areas to become Indian lands and those which are to be transferred to the Bureau of Land Management are set out in sections III and IV, respectively, of the memorandum of information which is attached to and a part of the report of the Secretary of the Interior to the Senate Committee on Interior and Insular Affairs on this subchapter, and such boundaries and descriptions are adopted as part of this subchapter and shall be published in the Federal Register: Provided, That before said boundaries and descriptions are published in the Federal Register as herein provided, the Secretary of the Interior may correct any clerical errors in section III of said memorandum of information and shall revise the same so as to define the areas on that portion of the lands conveyed by this subchapter and known as Bell Rock Mesa used and occupied respectively by the Laguna Pueblo Indians and the Canoncito Navajo Indians. -SOURCE- (Aug. 13, 1949, ch. 425, Sec. 1, 63 Stat. 604.) -REFTEXT- REFERENCES IN TEXT The National Industrial Recovery Act, referred to in text, is act June 16, 1933, ch. 90, 48 Stat. 195, as amended. Title II of the Act was classified principally to subchapter I (Sec. 401 et seq.) of chapter 8 of former Title 40, Public Buildings, Property, and Works, and was terminated June 30, 1943, by act June 27, 1942, ch. 450, Sec. 1, 56 Stat. 410. Provisions of title II of the Act which were classified to former Title 40 were repealed by Pub. L. 107- 217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. For complete classification of this Act to the Code, see Tables. The Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115), referred to in text, is act Apr. 8, 1935, ch. 48, 49 Stat. 115, which was set out as a note under section 728 of Title 15, Commerce and Trade. Section 55 of title I of the Act of August 24, 1935 (49 Stat. 750, 781), referred to in text, is section 5 of act Aug. 24, 1935, ch. 641, title I, 49 Stat. 781, which was not classified to the Code but was listed in the Supplementary Legislation note under section 721 of Title 15. The Bankhead-Jones Farm Tenant Act (50 Stat. 522, 525), referred to in text, is act July 22, 1937, ch. 517, 50 Stat. 522, as amended, which is classified generally to chapter 33 (Sec. 1000 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1000 of Title 7 and Tables. The Taylor Grazing Act, referred to in text, is act June 28, 1934, ch. 865, 48 Stat. 1269, as amended, which is classified principally to subchapter I (Sec. 315 et seq.) of chapter 8A of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 315 of Title 43 and Tables. -CHANGE- CHANGE OF NAME Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, Effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4, Ninety-fifth Congress (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977. Section 105 of Senate Resolution No. 4 established a temporary Select Committee on Indian Affairs having jurisdiction over matters relating to Indian affairs (such matters previously having been within the jurisdiction of the Committee on Interior Ninety-eighth Congress, established the Select Committee on Indian Affairs as a permanent committee of the Senate, and section 25 of Senate Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress, redesignated the Select Committee on Indian Affairs as the Committee on Indian Affairs. -End- -CITE- 25 USC Sec. 622 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS -HEAD- Sec. 622. Exchange of tribal lands; title to lands -STATUTE- For the purpose of consolidation of Indian lands the Secretary of the Interior is authorized, under such regulations as he may prescribe, to exchange any lands or interests therein, including improvements and water rights with the consent of the Pueblo or Navajo tribal authorities for other lands, water rights, and improvements of similar value in the area set apart for the Pueblos and Canoncito Navajos or in the areas declared to be public domain or within any public domain within New Mexico. Title to all lands acquired under the provisions of this subchapter shall be taken in the name of the United States in trust for the respective Pueblo Indians and the Navajo Canoncito group. -SOURCE- (Aug. 13, 1949, ch. 425, Sec. 2, 63 Stat. 605.) -End- -CITE- 25 USC Sec. 623 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS -HEAD- Sec. 623. Disbursement of deposits in the United Pueblos Agency -STATUTE- The funds now on deposit in the United Pueblos Agency in "special deposits" which have accrued from issuance of livestock-crossing permits and fees collected for grazing permits on the lands which have been under the jurisdiction of the Department of the Interior shall be expended or disbursed for the benefit of the Indians under such rules and regulations as the Secretary of the Interior may prescribe. -SOURCE- (Aug. 13, 1949, ch. 425, Sec. 3, 63 Stat. 605.) -End- -CITE- 25 USC Sec. 624 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS -HEAD- Sec. 624. Exchange of lands -STATUTE- (a) Authorization of Secretary; manner and place For the purpose of improving the land tenure pattern and consolidating Pueblo Indian lands, the Secretary of the Interior is authorized, under such regulations as he may prescribe, to acquire by exchange any lands or interests therein, including improvements and water rights, within the Pueblo land consolidation areas, and to convey in exchange therefor not to exceed an equal value of unappropriated public lands within the State of New Mexico, or, with the consent of the Pueblo authorities any Pueblo tribal lands or interest therein, including improvements and water rights. (b) Reservation of minerals, easements, or rights of use Either party to an exchange under this section may reserve minerals, easements, or rights of use. (c) Execution of title documents The Secretary may execute any title documents necessary to effect the exchanges authorized by this section. (d) Title to lands Title to all lands acquired under the provisions of this section shall be taken in the name of the United States in trust for the respective Pueblo Indian tribes. -SOURCE- (Pub. L. 87-231, Sec. 10, Sept. 14, 1961, 75 Stat. 505.) -COD- CODIFICATION Section was not enacted as part of act Aug. 13, 1949, ch. 425, 63 Stat. 604, which comprises this subchapter. -End- -CITE- 25 USC SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -End- -CITE- 25 USC Sec. 631 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 631. Basic program for conservation and development of resources; projects; appropriations -STATUTE- In order to further the purposes of existing treaties with the Navajo Indians, to provide facilities, employment, and services essential in combating hunger, disease, poverty, and demoralization among the members of the Navajo and Hopi Tribes, to make available the resources of their reservations for use in promoting a self- supporting economy and self-reliant communities, and to lay a stable foundation on which these Indians can engage in diversified economic activities and ultimately attain standards of living comparable with those enjoyed by other citizens, the Secretary of the Interior is authorized and directed to undertake, within the limits of the funds from time to time appropriated pursuant to this subchapter, a program of basic improvements for the conservation and development of the resources of the Navajo and Hopi Indians, the more productive employment of their manpower, and the supplying of means to be used in their rehabilitation, whether on or off the Navajo and Hopi Indian Reservations. Such program shall include the following projects for which capital expenditures in the amount shown after each project listed in the following subsections and totaling $108,570,000 are authorized to be appropriated: (1) Soil and water conservation and range improvement work, $10,000,000. (2) Completion and extension of existing irrigation projects, and completion of the investigation to determine the feasibility of the proposed San Juan-Shiprock irrigation project, $9,000,000. (3) Surveys and studies of timber, coal, mineral, and other physical and human resources, $500,000. (4) Development of industrial and business enterprises, $1,000,000. (5) Development of opportunities for off-reservation employment and resettlement and assistance in adjustments related thereto, $3,500,000. (6) Relocation and resettlement of Navajo and Hopi Indians (Colorado River Indian Reservation), $5,750,000. (7) Roads and trails, $40,000,000; of which not less than $20,000,000 shall be (A) available for contract authority for such construction and improvement of the roads designated as route 1 and route 3 on the Navajo and Hopi Indian Reservations as may be necessary to bring the portion of such roads located in any State up to at least the secondary road standards in effect in such State, and (B) in addition to any amounts expended on such roads under the $20,000,000 authorization provided under this clause prior to amendment. (8) Telephone and radio communications systems, $250,000. (9) Agency, institutional, and domestic water supply, $2,500,000. (10) Establishment of a revolving loan fund, $5,000,000. (11) Hospital buildings and equipment, and other health conservation measures, $4,750,000. (12) School buildings and equipment, and other educational measures, $25,000,000. (13) Housing and necessary facilities and equipment, $820,000. (14) Common service facilities, $500,000. Funds so appropriated shall be available for administration, investigations, plans, construction, and all other objects necessary for or appropriate to the carrying out of the provisions of this subchapter. Such further sums as may be necessary for or appropriate to the annual operation and maintenance of the projects herein enumerated are also authorized to be appropriated. Funds appropriated under these authorizations shall be in addition to funds made available for use on the Navajo and Hopi Reservations, or with respect to Indians of the Navajo Tribes, out of appropriations heretofore or hereafter granted for the benefit, care, or assistance of Indians in general, or made pursuant to other authorizations now in effect. -SOURCE- (Apr. 19, 1950, ch. 92, Sec. 1, 64 Stat. 44; Pub. L. 85-740, Aug. 23, 1958, 72 Stat. 834.) -MISC1- AMENDMENTS 1958 - Pub. L. 85-740 substituted $108,570,000 for $88,570,000 in opening par., and, in cl. (7), increased from $20,000,000 to $40,000,000 the amount authorized for roads and trails, of which not less than $20,000,000 shall be available for contract authority to bring routes 1 and 3 on the Navajo and Hopi Indian reservations up to secondary road standards in the State. -COD- CONTRACT AUTHORITY; APPROPRIATIONS Pub. L. 85-740 provided in part that the contract authority and appropriations authorized by the amendment to clause (7) of this section shall be in addition to sums apportioned to Indian reservations or to the State of Arizona under the Federal Highway Act, as amended and supplemented. -End- -CITE- 25 USC Sec. 632 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 632. Character and extent of administration; time limit; reports on use of funds -STATUTE- The foregoing program shall be administered in accordance with the provisions of this subchapter and existing laws relating to Indian affairs, shall include such facilities and services as are requisite for or incidental to the effectuation of the projects herein enumerated, shall apply sustained-yield principles to the administration of all renewable resources, and shall be prosecuted in a manner which will provide for completion of the program, so far as practicable, within ten years from April 19, 1950. An account of the progress being had in the rehabilitation of the Navajo and Hopi Indians, and of the use made of the funds appropriated to that end under this subchapter, shall be included in each annual report of the work of the Department of the Interior submitted to the Congress during the period covered by the foregoing program. -SOURCE- (Apr. 19, 1950, ch. 92, Sec. 2, 64 Stat. 45.) -End- -CITE- 25 USC Sec. 633 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 633. Preference in employment; on-the-job training -STATUTE- Navajo and Hopi Indians shall be given, whenever practicable, preference in employment on all projects undertaken pursuant to this subchapter, and, in furtherance of this policy may be given employment on such projects without regard to the provisions of the civil-service and classification laws. To the fullest extent possible, Indian workers on such projects shall receive on-the-job training in order to enable them to become qualified for more skilled employment. -SOURCE- (Apr. 19, 1950, ch. 92, Sec. 3, 64 Stat. 45.) -End- -CITE- 25 USC Sec. 634 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 634. Loans to Tribes or individual members; loan fund -STATUTE- The Secretary of the Interior is authorized, under such regulations as he may prescribe, to make loans from the loan fund authorized by section 631 of this title to the Navajo Tribe, or any member or association of members thereof, or to the Hopi Tribe, or any member of association of members thereof, for such productive purposes as, in his judgment, will tend to promote the better utilization of the manpower and resources of the Navajo or Hopi Indians. Sums collected in repayment of such loans and sums collected as interest or other charges thereon shall be credited to the loan fund, and shall be available for the purpose for which the fund was established. -SOURCE- (Apr. 19, 1950, ch. 92, Sec. 4, 64 Stat. 45.) -MISC1- INDIAN REVOLVING LOAN FUND Certain funds to be administered as a single Indian Revolving Loan Fund after Apr. 12, 1974, see section 1461 of this title. -End- -CITE- 25 USC Sec. 635 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 635. Disposition of lands -STATUTE- (a) Lease of restricted lands; renewals Any restricted Indian lands owned by the Navajo Tribe, members thereof, or associations of such members, or by the Hopi Tribe, members thereof, or associations of such members, may be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, or business purposes, including the development or utilization of natural resources in connection with operations under such leases. All leases so granted shall be for a term of not to exceed twenty- five years, but may include provisions authorizing their renewal for an additional term of not to exceed twenty-five years, and shall be made under such regulations as may be prescribed by the Secretary. Restricted allotments of deceased Indians may be leased under this section, for the benefit of their heirs or devisees, in the circumstances and by the persons prescribed in section 380 of this title. Nothing contained in this section shall be construed to repeal or affect any authority to lease restricted Indian lands conferred by or pursuant to any other provision of law. (b) Lease, sale, or other disposition of lands owned in fee simple by Navajo Tribe Notwithstanding any other provision of law, land owned in fee simple by the Navajo Tribe may be leased, sold, or otherwise disposed of by the sole authority of the Navajo Tribal Council, in any manner that similar land in the State in which such land is situated may be leased, sold, or otherwise disposed of by private landowners, and such disposition shall create no liability on the part of the United States. (c) Transfer of unallotted lands to tribally owned or municipal corporations The Secretary of the Interior is authorized to transfer, upon request of the Navajo Tribal Council, to any corporation owned by the tribe and organized pursuant to State law, or to any municipal corporation organized under State law, legal title to or a leasehold interest in any unallotted lands held for the Navajo Indian Tribe, and thereafter the United States shall have no responsibility or liability for, but on request of the tribe shall render advice and assistance in, the management, use, or disposition of such lands. -SOURCE- (Apr. 19, 1950, ch. 92, Sec. 5, 64 Stat. 46; Pub. L. 86-505, Sec. 1, June 11, 1960, 74 Stat. 199.) -MISC1- AMENDMENTS 1960 - Pub. L. 86-505 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). -End- -CITE- 25 USC Sec. 636 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 636. Adoption of constitution by Navajo Tribe; method; contents -STATUTE- In order to facilitate the fullest possible participation by the Navajo Tribe in the program authorized by this subchapter, the members of the tribe shall have the right to adopt a tribal constitution in the manner herein prescribed. Such constitution may provide for the exercise by the Navajo Tribe of any powers vested in the tribe or any organ thereof by existing law, together with such additional powers as the members of the tribe may, with the approval of the Secretary of the Interior, deem proper to include therein. Such constitution shall be formulated by the Navajo Tribal Council at any regular meeting, distributed in printed form to the Navajo people for consideration, and adopted by secret ballot of the adult members of the Navajo Tribe in an election held under such regulations as the Secretary may prescribe, at which a majority of the qualified votes cast favor such adoption. The constitution shall authorize the fullest possible participation of the Navajos in the administration of their affairs as approved by the Secretary of the Interior and shall become effective when approved by the Secretary. The constitution may be amended from time to time in the same manner as herein provided for its adoption, and the Secretary of the Interior shall approve any amendment which in the opinion of the Secretary of the Interior advances the development of the Navajo people toward the fullest realization and exercise of the rights, privileges, duties, and responsibilities of American citizenship. -SOURCE- (Apr. 19, 1950. ch. 92, Sec. 6, 64 Stat. 46.) -End- -CITE- 25 USC Sec. 637 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 637. Use of Navajo tribal funds -STATUTE- Notwithstanding any other provision of existing law, the tribal funds now on deposit or hereafter placed to the credit of the Navajo Tribe of Indians in the United States Treasury shall be available for such purposes as may be designated by the Navajo Tribal Council and approved by the Secretary of the Interior. -SOURCE- (Apr. 19, 1950, ch. 92, Sec. 7, 64 Stat. 46.) -End- -CITE- 25 USC Sec. 638 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 638. Participation by Tribal Councils; recommendations -STATUTE- The Tribal Councils of the Navajo and Hopi Tribes and the Indian communities affected shall be kept informed and afforded opportunity to consider from their inception plans pertaining to the program authorized by this subchapter. In the administration of the program, the Secretary of the Interior shall consider the recommendations of the tribal councils and shall follow such recommendations whenever he deems them feasible and consistent with the objectives of this subchapter. -SOURCE- (Apr. 19, 1950, ch. 92, Sec. 8, 64 Stat. 46.) -End- -CITE- 25 USC Sec. 639 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 639. Repealed. -MISC1- Sec. 639. Repealed. Pub. L. 104-193, title I, Sec. 110(u), Aug. 22, 1996, 110 Stat. 2175. Section, acts Apr. 19, 1950, ch. 92, Sec. 9, 64 Stat. 47; Oct. 30, 1972, Pub. L. 92-603, title III, Sec. 303(c), 86 Stat. 1484; Dec. 31, 1973, Pub. L. 93-233, Sec. 19(a), 87 Stat. 974, related to additional Social Security contributions to States for State expenditures for aid to dependent children to Navajo and Hopi Indians. EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104-193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare. -End- -CITE- 25 USC Sec. 640 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 640. Repealed. -MISC1- Sec. 640. Repealed. Pub. L. 93-531, Sec. 26, Dec. 22, 1974, 88 Stat. 1723. Section, act Apr. 19, 1950, ch. 92, Sec. 10, 64 Stat. 47, established Joint Committee on Navajo-Hopi Indian Administration, with function of making a continuous study of programs for administration and rehabilitation of Navajo and Hopi Indians. EFFECTIVE DATE OF REPEAL Section 26 of Pub. L. 93-531 provided that the repeal is effective as of the close of business December 31, 1974. -End- -CITE- 25 USC Sec. 640a 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 640a. Dineé College; purpose -STATUTE- It is the purpose of sections 640a to 640c-3 of this title to assist the Navajo Nation in providing education to the members of the tribe and other qualified applicants through a community college, established by that tribe, known as Dineé College. -SOURCE- (Pub. L. 92-189, Sec. 2, Dec. 15, 1971, 85 Stat. 646; Pub. L. 110- 315, title IX, Sec. 946(a), Aug. 14, 2008, 122 Stat. 3468.) -COD- CODIFICATION Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64 Stat. 44, which comprises this subchapter. -MISC1- AMENDMENTS 2008 - Pub. L. 110-315 substituted "Navajo Nation" for "Navajo Tribe of Indians" and "Dineé College" for "the Navajo Community College". SHORT TITLE OF 2008 AMENDMENT Pub. L. 110-315, title IX, Sec. 945, Aug. 14, 2008, 122 Stat. 3468, provided that: "This subpart [subpart 2 (Secs. 945, 946) of part E of title IX of Pub. L. 110-315, amending this section and sections 640b to 640c-3 of this title] may be cited as the 'Navajo Nation Higher Education Act of 2008'." SHORT TITLE OF 1978 AMENDMENT Pub. L. 95-471, title II, Sec. 201, Oct. 17, 1978, 92 Stat. 1329, provided that: "This title [enacting section 640c-1 of this title, amending section 640c of this title and enacting provisions set out as notes under this section and section 640c-1 of this title] may be cited as the 'Navajo Community College Assistance Act of 1978'." SHORT TITLE Section 1 of Pub. L. 92-189 provided: "That this Act [sections 640a to 640c-3 of this title] may be cited as the 'Navajo Community College Act'." EXPANSION OF NAVAJO COMMUNITY COLLEGE Pub. L. 95-471, title II, Sec. 202, Oct. 17, 1978, 92 Stat. 1329, provided that: "The Congress after careful study and deliberation, finds that - "(1) the Navajo Tribe constitutes the largest American Indian tribe in the United States; "(2) the Navajo Tribe has, through its duly constituted tribal council and representatives, established a community college within the boundaries of the reservation; "(3) the population of the Navajo Tribe and the best area of the Navajo reservation requires that the Navajo Community College expand to better serve the needs of such population; and "(4) the Congress has already recognized the need for this institution by the passage of the Navajo Community College Act [sections 640a to 640c-3 of this title]." -End- -CITE- 25 USC Sec. 640b 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 640b. Grants -STATUTE- The Secretary of the Interior is authorized to make grants to the Navajo Nation to assist the tribe in the construction, maintenance, and operation of Dineé College. Such college shall be designed and operated by the Navajo Nation to insure that the Navajo people and other qualified applicants have educational opportunities which are suited to their unique needs and interests. -SOURCE- (Pub. L. 92-189, Sec. 3, Dec. 15, 1971, 85 Stat. 646; Pub. L. 110- 315, title IX, Sec. 946(b), Aug. 14, 2008, 122 Stat. 3468.) -COD- CODIFICATION Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64 Stat. 44, which comprises this subchapter. -MISC1- AMENDMENTS 2008 - Pub. L. 110-315, in first sentence, inserted "the" before "Interior" and substituted "Navajo Nation" for "Navajo Tribe of Indians" and "Dineé College" for "the Navajo Community College", and, in second sentence, substituted "Navajo Nation" for "Navajo Tribe" and "Navajo people" for "Navajo Indians". -End- -CITE- 25 USC Sec. 640c 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 640c. Study of facilities needs -STATUTE- (a) Contents; report to Congress The Secretary shall conduct a detailed survey and study of the academic facilities needs of Dine (!1) College, and shall report to the Congress not later than October 31, 2010, the results of such survey and study. Such report shall include any recommendations or views submitted by the governing body of such College and by the governing body of the Navajo Nation, and shall include detailed recommendations by the Secretary as to the number, type, and cost of academic facilities which are required, ranking each such required facility by relative need. (b) Funding Funds to carry out the purposes of this section may be drawn from general administrative appropriations to the Secretary made after October 1, 2007. (c) Inventory No later than March 1991, an inventory prepared by Dineé College identifying repairs, alterations, and renovations to facilities required to meet health and safety standards shall be submitted to the Secretary and appropriate committees of Congress. Within 60 days following the receipt of such inventory, the Secretary shall review the inventory, evaluating the needs identified, and transmit the written comments of the Department of the Interior to the appropriate committees of Congress, together with the Department's evaluation prepared by the health and safety division of the Bureau of Indian Affairs. -SOURCE- (Pub. L. 92-189, Sec. 4, Dec. 15, 1971, 85 Stat. 646; Pub. L. 95- 471, title II, Sec. 203(a), Oct. 17, 1978, 92 Stat. 1330; Pub. L. 101-477, Sec. 2(b), Oct. 30, 1990, 104 Stat. 1153; Pub. L. 110-315, title IX, Sec. 946(c), Aug. 14, 2008, 122 Stat. 3468.) -COD- CODIFICATION Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64 Stat. 44, which comprises this subchapter. -MISC1- AMENDMENTS 2008 - Subsec. (a). Pub. L. 110-315, Sec. 946(c)(1)(B), which directed substitution of "Navajo Nation" for "Navajo Tribe" in second sentence, was executed by making the substitution for "Navajo tribe", to reflect the probable intent of Congress. Pub. L. 110-315, Sec. 946(c)(1)(A), in first sentence, substituted "Dine College" for "the Navajo Community College" and "October 31, 2010" for "August 1, 1979". Subsec. (b). Pub. L. 110-315, Sec. 946(c)(2), substituted "October 1, 2007" for "October 17, 1978". Subsec. (c). Pub. L. 110-315, Sec. 946(c)(3), substituted "Dineé College" for "the Navajo Community College" in first sentence. 1990 - Subsec. (c). Pub. L. 101-477 added subsec. (c). 1978 - Pub. L. 95-471 substituted provisions relating to a detailed survey, study, and report and funding for this section for provisions authorizing appropriations for grants under sections 640a to 640c of this title. -CROSS- DEFINITIONS The definitions in section 1801 of this title apply to this section. -FOOTNOTE- (!1) So in original. Probably should be "Dineé". -End- -CITE- 25 USC Sec. 640c-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 640c-1. Authorization of appropriations -STATUTE- (a) Construction grants (1) For the purpose of making construction grants under sections 640a to 640c-3 of this title, there are authorized to be appropriated such sums as are necessary for fiscal years 2009 through 2014. (2) Sums appropriated pursuant to this subsection for construction shall, unless otherwise provided in appropriations Acts, remain available until expended. (3) Sums described in paragraph (2) shall be used to provide grants for construction activities, including the construction of buildings, water and sewer facilities, roads, information technology and telecommunications infrastructure, classrooms, and external structures (such as walkways). (b) Dineé College grants (1) There are authorized to be appropriated for grants to Dineé College such sums as are necessary for fiscal years 2009 through 2014 to pay the cost of - (A) the maintenance and operation of the College, including - (i) basic, special, developmental, vocational, technical, and special handicapped education costs; (ii) annual capital expenditures, including equipment needs, minor capital improvements and remodeling projects, physical plant maintenance and operation costs, and exceptions and supplemental need account; and (iii) summer and special interest programs; (B) major capital improvements, including internal capital outlay funds and capital improvement projects; (C) mandatory payments, including payments due on bonds, loans, notes, or lease purchases; (D) supplemental student services, including student housing, food service, and the provision of access to books and services; and (E) improving and expanding the College, including by providing, for the Navajo people and others in the community of the College - (i) higher education programs; (ii) career and technical education; (iii) activities relating to the preservation and protection of the Navajo language, philosophy, and culture; (iv) employment and training opportunities; (v) economic development and community outreach; and (vi) a safe learning, working, and living environment. (2) The Secretary shall make payments, pursuant to grants under this subsection, in advance installments of not less than 40 per centum of the funds available for allotment, based on anticipated or actual numbers of full-time equivalent Indian students or such other factors as determined by the Secretary. Adjustments for overpayments and underpayments shall be applied to the remainder of such funds and such remainder shall be delivered no later than July 1 of each year. (c) Funding requirements The Secretary of the Interior is authorized and directed to establish by rule procedures to insure that all funds appropriated under sections 640a to 640c-3 of this title are properly identified for grants to Dineé College and that such funds are not commingled with appropriations historically expended by the Bureau of Indian Affairs for programs and projects normally provided on the Navajo Reservation for Navajo beneficiaries. -SOURCE- (Pub. L. 92-189, Sec. 5, as added Pub. L. 95-471, title II, Sec. 203(a), Oct. 17, 1978, 92 Stat. 1330; amended Pub. L. 96-374, title XIII, Sec. 1351(a), (b), Oct. 3, 1980, 94 Stat. 1501; Pub. L. 98- 192, Sec. 14, Dec. 1, 1983, 97 Stat. 1343; Pub. L. 99-428, Sec. 7, Sept. 30, 1986, 100 Stat. 983; Pub. L. 100-297, title V, Sec. 5401, Apr. 28, 1988, 102 Stat. 414; Pub. L. 101-477, Sec. 2(a), Oct. 30, 1990, 104 Stat. 1153; Pub. L. 102-325, title XIII, Sec. 1301(d), July 23, 1992, 106 Stat. 797; Pub. L. 105-244, title IX, Sec. 902, Oct. 7, 1998, 112 Stat. 1829; Pub. L. 110-315, title IX, Sec. 946(d), Aug. 14, 2008, 122 Stat. 3468.) -COD- CODIFICATION Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64 Stat. 44, which comprises this subchapter. -MISC1- AMENDMENTS 2008 - Subsec. (a)(1). Pub. L. 110-315, Sec. 946(d)(1)(A), substituted "such sums as are necessary for fiscal years 2009 through 2014" for "$2,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years". Subsec. (a)(3). Pub. L. 110-315, Sec. 946(d)(1)(B), added par. (3). Subsec. (b)(1). Pub. L. 110-315, Sec. 946(d)(2)(A), in introductory provisions, substituted "Dineé College" for "the Navajo Community College" and "such sums as are necessary for fiscal years 2009 through 2014 to pay the cost of - " for ", for each fiscal year, an amount necessary to pay expenses incurred for - ". Subsec. (b)(1)(A). Pub. L. 110-315, Sec. 946(d)(2)(B), substituted "College" for "college" in introductory provisions, semicolons for commas at end of cls. (i) and (iii), and "; and" for ", and" at end of cl. (ii). Subsec. (b)(1)(B). Pub. L. 110-315, Sec. 946(d)(2)(C), substituted semicolon for comma at end. Subsec. (b)(1)(E). Pub. L. 110-315, Sec. 946(d)(2)(D)-(F), added subpar. (E). Subsec. (c). Pub. L. 110-315, Sec. 946(d)(3), substituted "Dineé College" for "the Navajo Community College". 1998 - Subsec. (a)(1). Pub. L. 105-244 substituted "1999" for "1993". 1992 - Subsec. (a)(1). Pub. L. 102-325 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "For the purpose of making construction grants under sections 640a to 640c-3 of this title, there are hereby authorized to be appropriated such sums as may be necessary for each of the fiscal years 1990, 1991, and 1992." 1990 - Subsec. (a)(1). Pub. L. 101-477 substituted "1990, 1991, and 1992" for "1987, 1988, 1989, and 1990". 1988 - Subsec. (b)(1). Pub. L. 100-297 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "There is further authorized to be appropriated for grants to the Navajo Community College, for each fiscal year beginning on or after October 1, 1979, an amount equal to the amount necessary for operation and maintenance of the college, including, but not limited to, administrative, academic, and operations and maintenance costs." 1986 - Subsec. (a)(1). Pub. L. 99-428, Sec. 7(1), substituted "each of the fiscal years 1987, 1988, 1989, and 1990" for "the fiscal year beginning October 1, 1984, and for the three succeeding fiscal years". Subsec. (b)(1). Pub. L. 99-428, Sec. 7(2), substituted "for each fiscal year" for "for any fiscal year". 1983 - Subsec. (a)(1). Pub. L. 98-192 substituted "October 1, 1984" for "October 1, 1979". 1980 - Subsec. (a)(1). Pub. L. 96-374, Sec. 1351(a), substituted "three succeeding fiscal years" for "two succeeding fiscal years". Subsec. (b)(1). Pub. L. 96-374, Sec. 1351(b), added par. (1). Former par. (1), which authorized an appropriation for the Navajo Community College of $4,000 for each full-time equivalent student which the Secretary estimated would be in attendance during the year, was struck out. Subsec. (b)(2), (3). Pub. L. 96-374, Sec. 1351(b), redesignated par. (3) as (2). Former par. (2), which placed an upper limit on grants under this subsection, was struck out. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105- 244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2 of Pub. L. 102-325, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1988 AMENDMENT For effective date and applicability of amendment by Pub. L. 100- 297, see section 6303 of Pub. L. 100-297, set out as a note under section 1071 of Title 20, Education. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96-374, set out as a note under section 1001 of Title 20, Education. FISCAL YEAR BEGINNING OCTOBER 1, 1978 Section 203(b) of Pub. L. 95-471 provided that nothing in title II of Pub. L. 95-471, the Navajo Community College Assistance Act of 1978, shall be deemed to authorize appropriations for the fiscal year beginning Oct. 1, 1978. -CROSS- DEFINITIONS The definitions in section 1801 of this title apply to this section. -End- -CITE- 25 USC Sec. 640c-2 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 640c-2. Effect on other laws -STATUTE- (a) Except as specifically provided by law, eligibility for assistance under sections 640a to 640c-3 of this title shall not, by itself, preclude the eligibility of Dineé College to receive Federal financial assistance under any program authorized under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq., 42 U.S.C. 2751 et seq.] or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions. (b) Notwithstanding any other provision of law, funds provided under sections 640a to 640c-3 of this title to Dineé College may be treated as non-Federal, private funds of the College for purposes of any provision of Federal law which requires that non- Federal or private funds of the College be used in a project or for a specific purpose. -SOURCE- (Pub. L. 92-189, Sec. 6, as added Pub. L. 96-374, title XIII, Sec. 1351(c), Oct. 3, 1980, 94 Stat. 1501; amended Pub. L. 100-297, title V, Sec. 5403(b), Apr. 28, 1988, 102 Stat. 416; Pub. L. 110- 315, title IX, Sec. 946(e), Aug. 14, 2008, 122 Stat. 3469.) -REFTEXT- REFERENCES IN TEXT The Higher Education Act of 1965, referred to in subsec. (a), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (Sec. 1001 et seq.) of Title 20, Education, and part C (Sec. 2751 et seq.) of subchapter I of chapter 34 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 1001 of Title 20 and Tables. -COD- CODIFICATION Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64 Stat. 44, which comprises this subchapter. -MISC1- AMENDMENTS 2008 - Subsec. (a). Pub. L. 110-315, Sec. 946(e)(1), substituted "Dineé College" for "the Navajo Community College". Subsec. (b). Pub. L. 110-315 substituted "Dineé College" for "the Navajo Community College" and "College be used" for "college be used". 1988 - Pub. L. 100-297 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1988 AMENDMENT For effective date and applicability of amendment by Pub. L. 100- 297, see section 6303 of Pub. L. 100-297, set out as a note under section 1071 of Title 20, Education. EFFECTIVE DATE Section effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96- 374, set out as an Effective Date of 1980 Amendment note under section 1001 of Title 20, Education. -End- -CITE- 25 USC Sec. 640c-3 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION -HEAD- Sec. 640c-3. Payments; interest -STATUTE- (a) Notwithstanding any other provision of law, the Secretary of the Interior shall not, in disbursing funds provided under sections 640a to 640c-3 of this title, use any method of payment which was not used during fiscal year 1987 in the disbursement of funds provided under sections 640a to 640c-3 of this title. (b)(1)(A) Notwithstanding any provision of law other than subparagraph (B), any interest or investment income that accrues on any funds provided under sections 640a to 640c-3 of this title after such funds are paid to Dineé College and before such funds are expended for the purpose for which such funds were provided under sections 640a to 640c-3 of this title shall be the property of Dineé College and shall not be taken into account by any officer or employee of the Federal Government in determining whether to provide assistance, or the amount of assistance, to Dineé College under any provision of Federal law. (B) All interest or investment income described in subparagraph (A) shall be expended by Dineé College by no later than the close of the fiscal year succeeding the fiscal year in which such interest or investment income accrues. (2) Funds provided under sections 640a to 640c-3 of this title may only be invested by Dineé College in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States. -SOURCE- (Pub. L. 92-189, Sec. 7, as added Pub. L. 100-297, title V, Sec. 5402(b), Apr. 28, 1988, 102 Stat. 415; amended Pub. L. 110-315, title IX, Sec. 946(f), Aug. 14, 2008, 122 Stat. 3469.) -COD- CODIFICATION Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64 Stat. 44, which comprises this subchapter. -MISC1- AMENDMENTS 2008 - Subsec. (b). Pub. L. 110-315 substituted "Dineé College" for "the Navajo Community College" wherever appearing. EFFECTIVE DATE For effective date and applicability of section, see section 6303 of Pub. L. 100-297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education. -End- -CITE- 25 USC SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND INTERESTS 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND INTERESTS -HEAD- SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND INTERESTS -End- -CITE- 25 USC Sec. 640d 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND INTERESTS -HEAD- Sec. 640d. Mediator -STATUTE- (a) Appointment; duties; qualifications; termination of duties Within thirty days after December 22, 1974, the Director of the Federal Mediation and Conciliation Service shall appoint a Mediator (hereinafter referred to as the "Mediator") who shall assist in the negotiations for the settlement and partition of the relative rights and interests, as determined by the decision in the case of Healing v. Jones (210 F. Supp. 125, D. Ariz., 1962, aff'd 363 U.S. 758, 1963) (hereinafter referred to as the "Healing case"), of the Hopi and Navajo Tribes (hereinafter referred to as the "tribes") to and in lands within the reservation established by the Executive order of December 16, 1882, except land management district no. 6 (such lands hereinafter referred to as the "joint use area"). The Mediator shall not have any interest, direct or indirect, in the settlement of the interests and rights set out in this subsection. The duties of the Mediator shall cease upon the entering of a full agreement into the records of the supplemental proceedings pursuant to section 640d-2 of this title or the submission of a report to the District Court after a default in negotiations or a partial agreement pursuant to section 640d-3 of this title. (b) Nature of proceedings The proceedings in which the Mediator shall be acting under the provisions of this subchapter shall be the supplemental proceedings in the Healing case now pending in the United States District Court for the District of Arizona (hereinafter referred to as "the District Court"). (c) Interagency committee (1) The Mediator is authorized to request from any department, agency, or independent instrumentality of the Federal Government any information, personnel, service, or materials he deems necessary to carry out his responsibilities under the provisions of this subchapter. Each such department, agency, or instrumentality is authorized to cooperate with the Mediator and to comply with such requests to the extent permitted by law, on a reimbursable or nonreimbursable basis. (2) To facilitate the expeditious and orderly compilation and development of factual information relevant to the negotiating process, the President shall, within fifteen days of December 22, 1974, establish an interagency committee chaired by the Secretary of the Interior (hereinafter referred to as the "Secretary") to develop relevant information and to respond to the requests of the Mediator. (d) Liaison with Secretary The Secretary shall appoint a full-time representative as his liaison with the Mediator to facilitate the provision of information and assistance requested by the Mediator from the Department of the Interior. (e) Staff assistants and consultants The Mediator may retain the services of such staff assistants and consultants as he shall deem necessary, subject to the approval of the Director of the Federal Mediation and Conciliation Service. -SOURCE- (Pub. L. 93-531, Sec. 1, Dec. 22, 1974, 88 Stat. 1712.) -MISC1- SHORT TITLE OF 1991 AMENDMENT Pub. L. 102-180, Sec. 1, Dec. 2, 1991, 105 Stat. 1230, provided that: "This Act [amending sections 640d-11 and 640d-24 of this title and section 5315 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under section 640d-11 of this title] may be cited as the 'Navajo-Hopi Relocation Housing Program Reauthorization Act of 1991'." SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-666, Sec. 1, Nov. 16, 1988, 102 Stat. 3929, provided that: "This Act [enacting sections 640d-29 and 640d-30 of this title, amending sections 640d-7, 640d-9 to 640d-14, 640d-22, 640d- 24, 640d-25, and 640d-28 of this title, and enacting provisions set out as a note under section 640d-11 of this title] may be cited as the 'Navajo and Hopi Indian Relocation Amendments of 1988'." SHORT TITLE OF 1980 AMENDMENT Pub. L. 96-305, Sec. 1, July 8, 1980, 94 Stat. 929, provided: "That this Act [enacting sections 640d-25 to 640d-28 of this title and amending sections 640d-4, 640d-7, 640d-9 to 640d-12, 640d-14, 640d-18, 640d-22, and 640d-24 of this title] may be cited as the 'Navajo and Hopi Indian Relocation Amendments Act of 1980'." NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT OF 1996 Pub. L. 104-301, Oct. 11, 1996, 110 Stat. 3649, as amended by Pub. L. 105-256, Sec. 3, Oct. 14, 1998, 112 Stat. 1897, provided that: "SECTION 1. SHORT TITLE. "This Act may be cited as the 'Navajo-Hopi Land Dispute Settlement Act of 1996'. "SEC. 2. FINDINGS. "The Congress finds that - "(1) it is in the public interest for the Tribe, Navajos residing on the Hopi Partitioned Lands, and the United States to reach a peaceful resolution of the longstanding disagreements between the parties under the Act commonly known as the 'Navajo- Hopi Land Settlement Act of 1974' (Public Law 93-531; 25 U.S.C. 640d et seq.); "(2) it is in the best interest of the Tribe and the United States that there be a fair and final settlement of certain issues remaining in connection with the Navajo-Hopi Land Settlement Act of 1974, including the full and final settlement of the multiple claims that the Tribe has against the United States; "(3) this Act, together with the Settlement Agreement executed on December 14, 1995, and the Accommodation Agreement (as incorporated by the Settlement Agreement), provide the authority for the Tribe to enter agreements with eligible Navajo families in order for those families to remain residents of the Hopi Partitioned Lands for a period of 75 years, subject to the terms and conditions of the Accommodation Agreement; "(4) the United States acknowledges and respects - "(A) the sincerity of the traditional beliefs of the members of the Tribe and the Navajo families residing on the Hopi Partitioned Lands; and "(B) the importance that the respective traditional beliefs of the members of the Tribe and Navajo families have with respect to the culture and way of life of those members and families; "(5) this Act, the Settlement Agreement, and the Accommodation Agreement provide for the mutual respect and protection of the traditional religious beliefs and practices of the Tribe and the Navajo families residing on the Hopi Partitioned Lands; "(6) the Tribe is encouraged to work with the Navajo families residing on the Hopi Partitioned Lands to address their concerns regarding the establishment of family or individual burial plots for deceased family members who have resided on the Hopi Partitioned Lands; and "(7) neither the Navajo Nation nor the Navajo families residing upon Hopi Partitioned Lands were parties to or signers of the Settlement Agreement between the United States and the Hopi Tribe. "SEC. 3. DEFINITIONS. "Except as otherwise provided in this Act, for purposes of this Act, the following definitions shall apply: "(1) Accommodation. - The term 'Accommodation' has the meaning provided that term under the Settlement Agreement. "(2) Hopi partitioned lands. - The term 'Hopi Partitioned Lands' means lands located in the Hopi Partitioned Area, as defined in section 168.1(g) of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act [Oct. 11, 1996]). "(3) Navajo partitioned lands. - The term 'Navajo Partitioned Lands' has the meaning provided that term in the proposed regulations issued on November 1, 1995, at 60 Fed. Reg. 55506. "(4) New lands. - The term 'New Lands' has the meaning provided that term in section 700.701(b) of title 25, Code of Federal Regulations. "(5) Secretary. - The term 'Secretary' means the Secretary of the Interior. "(6) Settlement agreement. - The term 'Settlement Agreement' means the agreement between the United States and the Hopi Tribe executed on December 14, 1995. "(7) Tribe. - The term 'Tribe' means the Hopi Tribe. "(8) Newly acquired trust lands. - The term 'newly acquired trust lands' means lands taken into trust for the Tribe within the State of Arizona pursuant to this Act or the Settlement Agreement. "SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT. "The United States approves, ratifies, and confirms the Settlement Agreement. "SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST. "The Secretary shall take such action as may be necessary to ensure that the following conditions are met prior to taking lands into trust for the benefit of the Tribe pursuant to the Settlement Agreement: "(1) Selection of lands taken into trust. - "(A) Primary area. - In accordance with section 7(a) of the Settlement Agreement, the primary area within which lands acquired by the Tribe may be taken into trust by the Secretary for the benefit of the Tribe under the Settlement Agreement shall be located in northern Arizona. "(B) Requirements for lands taken into trust in the primary area. - Lands taken into trust in the primary area referred to in subparagraph (A) shall be - "(i) land that is used substantially for ranching, agriculture, or another similar use; and "(ii) to the extent feasible, in contiguous parcels. "(2) Acquisition of lands. - Before taking any land into trust for the benefit of the Tribe under this section, the Secretary shall ensure that - "(A) at least 85 percent of the eligible Navajo heads of household (as determined under the Settlement Agreement) have entered into an accommodation or have chosen to relocate and are eligible for relocation assistance (as determined under the Settlement Agreement); and "(B) the Tribe has consulted with the State of Arizona concerning the lands proposed to be placed in trust, including consulting with the State concerning the impact of placing those lands into trust on the State and political subdivisions thereof resulting from the removal of land from the tax rolls in a manner consistent with the provisions of part 151 of title 25, Code of Federal Regulations. "(3) Prohibition. - The Secretary may not, pursuant to the provisions of this Act and the Settlement Agreement, place lands, any portion of which are located within or contiguous to a 5-mile radius of an incorporated town or city (as those terms are defined by the Secretary) in northern Arizona, into trust for benefit of the Tribe without specific statutory authority. "(4) Expeditious action by the secretary. - Consistent with all other provisions of this Act, the Secretary is directed to take lands into trust under this Act expeditiously and without undue delay. "SEC. 6. ACQUISITION THROUGH CONDEMNATION OF CERTAIN INTERSPERSED LANDS. "(a) In General. - "(1) Action by the secretary. - "(A) In general. - The Secretary shall take action as specified in subparagraph (B), to the extent that the Tribe, in accordance with section 7(b) of the Settlement Agreement - "(i) acquires private lands; and "(ii) requests the Secretary to acquire through condemnation interspersed lands that are owned by the State of Arizona and are located within the exterior boundaries of those private lands in order to have both the private lands and the State lands taken into trust by the Secretary for the benefit of the Tribe. "(B) Acquisition through condemnation. - With respect to a request for an acquisition of lands through condemnation made under subparagraph (A), the Secretary shall, upon the recommendation of the Tribe, take such action as may be necessary to acquire the lands through condemnation and, with funds provided by the Tribe, pay the State of Arizona fair market value for those lands in accordance with applicable Federal law, if the conditions described in paragraph (2) are met. "(2) Conditions for acquisition through condemnation. - The Secretary may acquire lands through condemnation under this subsection if - "(A) that acquisition is consistent with the purpose of obtaining not more than 500,000 acres of land to be taken into trust for the Tribe; "(B) the State of Arizona concurs with the United States that the acquisition is consistent with the interests of the State; and "(C) the Tribe pays for the land acquired through condemnation under this subsection. "(b) Disposition of Lands. - If the Secretary acquires lands through condemnation under subsection (a), the Secretary shall take those lands into trust for the Tribe in accordance with this Act and the Settlement Agreement. "(c) Private Lands. - The Secretary may not acquire private lands through condemnation for the purpose specified in subsection (a)(2)(A). "SEC. 7. ACTION TO QUIET POSSESSION. "If the United States fails to discharge the obligations specified in section 9(c) of the Settlement Agreement with respect to voluntary relocation of Navajos residing on Hopi Partitioned Lands, or section 9(d) of the Settlement Agreement, relating to the implementation of sections 700.137 through 700.139 of title 25, Code of Federal Regulations, on the New Lands, including failure for reason of insufficient funds made available by appropriations or otherwise, the Tribe may bring an action to quiet possession that relates to the use of the Hopi Partitioned Lands after February 1, 2000, by a Navajo family that is eligible for an accommodation, but fails to enter into an accommodation. "SEC. 8. PAYMENT TO STATE OF ARIZONA. "(a) Authorization of Appropriations. - Subject to subsection (b), there are authorized to be appropriated to the Department of the Interior $250,000 for fiscal year 1998, to be used by the Secretary of the Interior for making a payment to the State of Arizona. "(b) Payment. - The Secretary shall make a payment in the amount specified in subsection (a) to the State of Arizona after an initial acquisition of land from the State has been made by the Secretary pursuant to section 6. "SEC. 9. 75-YEAR LEASING AUTHORITY. "[Amended section 415 of this title.] "SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION HOUSING PROGRAM. "[Amended section 640d-24 of this title.] "SEC. 11. EFFECT OF THIS ACT ON CASES INVOLVING THE NAVAJO NATION AND THE HOPI TRIBE. "Nothing in this Act or the amendments made by this Act shall be interpreted or deemed to preclude, limit, or endorse, in any manner, actions by the Navajo Nation that seek, in court, an offset from judgments for payments received by the Hopi Tribe under the Settlement Agreement. "SEC. 12. WATER RIGHTS. "(a) In General. - "(1) Water rights. - Subject to the other provisions of this section, newly acquired trust lands shall have only the following water rights: "(A) The right to the reasonable use of groundwater pumped from such lands. "(B) All rights to the use of surface water on such lands existing under State law on the date of acquisition, with the priority date of such right under State law. "(C) The right to make any further beneficial use on such lands of surface water which is unappropriated on the date each parcel of newly acquired trust lands is taken into trust. The priority date for the right shall be the date the lands are taken into trust. "(2) Rights not subject to forfeiture or abandonment. - The Tribe's water rights for newly acquired trust lands shall not be subject to forfeiture or abandonment arising from events occurring after the date the lands are taken into trust. "(b) Recognition as valid uses. - "(1) Groundwater. - With respect to water rights associated with newly acquired trust lands, the Tribe, and the United States on the Tribe's behalf, shall recognize as valid all uses of groundwater which may be made from wells (or their subsequent replacements) in existence on the date each parcel of newly acquired trust land is acquired and shall not object to such groundwater uses on the basis of water rights associated with the newly acquired trust lands. The Tribe, and the United States on the Tribe's behalf, may object only to the impact of groundwater uses on newly acquired trust lands which are initiated after the date the lands affected are taken into trust and only on grounds allowed by the State law as it exists when the objection is made. The Tribe, and the United States on the Tribe's behalf, shall not object to the impact of groundwater uses on the Tribe's right to surface water established pursuant to subsection (a)(1)(C) when those groundwater uses are initiated before the Tribe initiates its beneficial use of surface water pursuant to subsection (a)(1)(C). "(2) Surface water. - With respect to water rights associated with newly acquired trust lands, the Tribe, and the United States on the Tribe's behalf, shall recognize as valid all uses of surface water in existence on or prior to the date each parcel of newly acquired trust land is acquired and shall not object to such surface water uses on the basis of water rights associated with the newly acquired trust lands, but shall have the right to enforce the priority of its rights against all junior water rights the exercise of which interfere with the actual use of the Tribe's senior surface water rights. "(3) Rule of construction. - Nothing in paragraph (1) or (2) shall preclude the Tribe, or the United States on the Tribe's behalf, from asserting objections to water rights and uses on the basis of the Tribe's water rights on its currently existing trust lands. "(c) Applicability of State Law on Lands Other Than Newly Acquired Lands. - The Tribe, and the United States on the Tribe's behalf, further recognize that State law applies to water uses on lands, including subsurface estates, that exist within the exterior boundaries of newly acquired trust lands and that are owned by any party other than the Tribe. "(d) Adjudication of Water Rights on Newly Acquired Trust Lands. - The Tribe's water rights on newly acquired trust lands shall be adjudicated with the rights of all other competing users in the court now presiding over the Little Colorado River Adjudication, or if that court no longer has jurisdiction, in the appropriate State or Federal court. Any controversies between or among users arising under Federal or State law involving the Tribe's water rights on newly acquired trust lands shall be resolved in the court now presiding over the Little Colorado River Adjudication, or, if that court no longer has jurisdiction, in the appropriate State or Federal court. Nothing in this subsection shall be construed to affect any court's jurisdiction: Provided, That the Tribe shall administer all water rights established in subsection (a). "(e) Prohibition. - Water rights for newly acquired trust lands shall not be used, leased, sold, or transported for use off of such lands or the Tribe's other trust lands: Provided, That the Tribe may agree with other persons having junior water rights to subordinate the Tribe's senior water rights. Water rights for newly acquired trust lands can only be used on those lands or other trust lands of the Tribe located within the same river basin tributary to the main stream of the Colorado River. "(f) Subsurface Interests. - On any newly acquired trust lands where the subsurface interest is owned by any party other than the Tribe, the trust status of the surface ownership shall not impair any existing right of the subsurface owner to develop the subsurface interest and to have access to the surface for the purpose of such development. "(g) Statutory Construction with Respect to Water Rights of Other Federally Recognized Indian Tribes. - Nothing in this section shall affect the water rights of any other federally recognized Indian tribe with a priority date earlier than the date the newly acquired trust lands are taken into trust. "(h) Statutory Construction. - Nothing in this section shall be construed to determine the law applicable to water use on lands owned by the United States, other than on the newly acquired trust lands. The granting of the right to make beneficial use of unappropriated surface water on the newly acquired trust lands with a priority date such lands are taken into trust shall not be construed to imply that such right is a Federal reserved water right. Nothing in this section or any other provision of this Act shall be construed to establish any Federal reserved right to groundwater. Authority for the Secretary to take land into trust for the Tribe pursuant to the Settlement Agreement and this Act shall be construed as having been provided solely by the provisions of this Act." -EXEC- EXECUTIVE ORDER NO. 11829 Ex. Ord. No. 11829, Jan. 6, 1975, 40 F.R. 1497, as amended by Ex. Ord. No. 11853, Apr. 17, 1975, 40 F.R. 17537, which established the Hopi-Navajo Land Settlement Interagency Committee and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12379, Sec. 11, Aug. 17, 1982, 47 F.R. 36099, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 25 USC Sec. 640d-1 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND INTERESTS -HEAD- Sec. 640d-1. Negotiating teams -STATUTE- (a) Appointment; time; membership and certification; nature of authority Within thirty days after December 22, 1974, the Secretary shall communicate in writing with the tribal councils of the tribes directing the appointment of a negotiating team representing each tribe. Each negotiating team shall be composed of not more than five members to be certified by appropriate resolution of the respective tribal council. Each tribal council shall promptly fill any vacancies which may occur on its negotiating team. Notwithstanding any other provision of law, each negotiating team, when appointed and certified, shall have full authority to bind its tribe with respect to any other matter concerning the joint use area within the scope of this subchapter. (b) Failure to select and certify In the event either or both of the tribal councils fail to select and certify a negotiating team within thirty days after the Secretary communicates with the tribal council under subsection (a) of this section or to select and certify a replacement member within thirty days of the occurrence of a vacancy, the provisions of section 640d-3(a) (!1) of this title shall become effective. (c) First negotiating session; time and place; chairman; suggestions for procedure, agenda, and resolution of issues in controversy Within fifteen days after formal certification of both negotiating teams to the Mediator, the Mediator shall schedule the first negotiating session at such time and place as he deems appropriate. The negotiating sessions, which shall be chaired by the Mediator, shall be held at such times and places as the Mediator deems appropriate. At such sessions, the Mediator may, if he deems it appropriate, put forward his own suggestions for procedure, the agenda, and the resolution of the issues in controversy. (d) Failure to attend two consecutive sessions or bargain in good faith In the event either negotiating team fails to attend two consecutive sessions or, in the opinion of the Mediator, either negotiating team fails to bargain in good faith or an impasse is reached, the provisions of section 640d-3(a) (!1) of this title shall become effective. (e) Disagreements within team In the event of a disagreement within a negotiating team the majority of the members of the team shall prevail and act on behalf of the team unless the resolution of the tribal council certifying the team specifically provides otherwise. -SOURCE- (Pub. L. 93-531, Sec. 2, Dec. 22, 1974, 88 Stat. 1712.) -REFTEXT- REFERENCES IN TEXT Section 640d-3 of this title, referred to in subsecs. (b) and (d), was amended by Pub. L. 98-620, title IV, Sec. 402(27), Nov. 8, 1984, 98 Stat. 3359, by striking out subsec. (b) and redesignating subsec. (a) as the entire section. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 25 USC Sec. 640d-2 01/03/2012 (112-90) -EXPCITE- TITLE 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND INTERESTS -HEAD- Sec. 640d-2. Implementation of agreements -STATUTE- (a) Full agreement If, within one hundred and eighty days after the first session scheduled by the Mediator under section 640d-1(c) of this title, full agreement is reached, such agreement shall be put in such form as the Mediator determines best expresses the intent of the tribes and shall then be submitted to the Secretary and the Attorney General of the United States for their comments as they relate to the interest of the United States in the proceedings. These comments are to be submitted to the Mediator and the negotiating teams within thirty days. The negotiating teams and the Mediator shall then c