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25 U.S.C. § 2403 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2403 — Definitions

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Stable record: federal_law:legal_authorities:record_usc_1240a2fd35c7639e7d316d7e
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Source location: Title 25, Chapter 26, § 2403; chapter-026-indian-alcohol-and-substance-abuse-prevention-and-treatment.md

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For purposes of this chapter— (1) The term “agency” means the local administrative entity of the Bureau of Indian Affairs serving one or more Indian tribes within a defined geographic area. (2) The term “youth” shall have the meaning given it in any particular Tribal Action Plan adopted pursuant to [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2411&num=0&edition=prelim), except that, for purposes of statistical reporting under this chapter, it shall mean a person who is 19 years or younger or who is in attendance at a secondary school. (3) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ([43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.)) which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians. (4) The term “prevention and treatment” includes, as appropriate— (A) efforts to identify, and the identification of, Indians who are at risk with respect to, or who are abusers of, alcohol or controlled substances, (B) intervention into cases of on-going alcohol and substance abuse to halt a further progression of such abuse, (C) prevention through education and the provision of alternative activities, (D) treatment for alcohol and substance abusers to help abstain from, and alleviate the effects of, abuse, (E) rehabilitation to provide on-going assistance, either on an inpatient or outpatient basis, to help Indians reform or abstain from alcohol or substance abuse, (F) follow-up or after-care to provide the appropriate counseling and assistance on an outpatient basis, and (G) referral to other sources of assistance or resources. (5) The term “service unit” means an administrative entity within the Indian Health Service or a tribe or tribal organization operating health care programs or facilities with funds from the Indian Health Service under the Indian Self-Determination Act [[25 U.S.C. 5321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) et seq.] through which the services are provided, directly or by contract, to the eligible Indian population within a defined geographic area. (6) The terms “Urban Indian”, “Urban Center”, and “Urban Indian Organization” shall have the same meaning as provided in [section 1603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1603&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5321 — Congressional statement of findings

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 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 subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. 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 subchapter. 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.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2411 — Inter-departmental Memorandum of Agreement

**(a) In general** Not later than 1 year after July 29, 2010, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall develop and enter into a Memorandum of Agreement which shall, among other things— (1) determine and define the scope of the problem of alcohol and substance abuse for Indian tribes and their members and its financial and human costs, and specifically identify such problems affecting Indian youth, (2) identify— (A) the resources and programs of the Bureau of Indian Affairs, Office of Justice Programs, Substance Abuse and Mental Health Services Administration, and Indian Health Service, and (B) other Federal, tribal, State and local, and private resources and programs, which would be relevant to a coordinated effort to combat alcohol and substance abuse among Indian people, including those programs and resources made available by this chapter, (3) develop and establish appropriate minimum standards for each agency’s program responsibilities under the Memorandum of Agreement which may be— (A) the existing Federal or State standards in effect, or (B) in the absence of such standards, new standards which will be developed and established in consultation with Indian tribes, (4) coordinate the Bureau of Indian Affairs, Department of Justice, Substance Abuse and Mental Health Services Administration, and Indian Health Service alcohol and substance abuse programs existing on October 27, 1986, with programs or efforts established by this chapter, (5) delineate the responsibilities of the Bureau of Indian Affairs, Department of Justice, Substance Abuse and Mental Health Services Administration, and the Indian Health Service to coordinate alcohol and substance abuse-related services at the central,

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2411

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1603 — Service of traditional foods in public facilities

**(a) Purposes** The purposes of this section are— (1) to provide access to traditional foods in food service programs; (2) to encourage increased consumption of traditional foods to decrease health disparities among Indians, particularly Alaska Natives; and (3) to provide alternative food options for food service programs. **(b) Definitions** In this section: (1) **Alaska Native** — The term “Alaska Native” means a person who is a member of any Native village, Village Corporation, or Regional Corporation (as those terms are defined in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim)). (2) **Commissioner** — The term “Commissioner” means the Commissioner of Food and Drugs. (3) **Food service program** — The term “food service program” includes— (A) food service at residential child care facilities that have a license from an appropriate State agency; (B) any child nutrition program (as that term is defined in [section 1769f(b) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1769f/b&num=0&edition=prelim)); (C) food service at hospitals, clinics, and long-term care facilities; and (D) senior meal programs. (4) **Indian; Indian tribe** — The terms “Indian” and “Indian tribe” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b&num=0&edition=prelim)).11 See References in Text note below. (5) **Traditional food** (A) *In general* — The term “traditional food” means food that has traditionally been prepared and consumed by an Indian tribe. (B) *Inclusions* — The term “traditi

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1601 — Congressional findings and declaration of policy

Congress finds and declares that— **(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; **(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska; **(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971; **(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2403 — Definitions

Page 471 TITLE 25—INDIANS § 2403 1 So in original. and Treatment Act of 1986, which is classified generally to this chapter. For complete classification of subtitle C to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 99–570, title IV, § 4201, Oct. 27, 1986, 100 Stat. 3207–137, provided that: ‘‘This subtitle [subtitle C (§§ 4201–4230) of title IV of Pub. L. 99–570, enacting this chapter, amending section 1302 of this title, and enact- ing provisions set out as a note under section 1302 of this title] may be cited as the ‘Indian Alcohol and Sub- stance Abuse Prevention and Treatment Act of 1986’.’’ RULE OF CONSTRUCTION FOR PUB. L. 100–690 Pub. L. 100–690, title II, § 2219, Nov. 18, 1988, 102 Stat. 4222, provided that: ‘‘Except as otherwise provided in this Act or the amendments made by this Act [see Ta- bles for classification], nothing in this Act or the amendments made by this Act shall be construed to af- fect the obligation of the United States to any Indian or Indian tribe arising out of any treaty, statute, Exec- utive order, or the trust responsibility of the United States owing to such Indian or Indian tribe. Nothing in this section shall exempt any individual Indian from the sanctions of ‘user accountability’ provided for else- where in this Act: Provided, That no individual Indian shall be denied any benefit under Federal Indian pro- grams comparable to those ‘means tested’ safety net programs otherwise excluded under this Act.’’ § 2402. Purpose It is the purpose of this chapter to— (1) authorize and develop a comprehensive, coordinated attack upon the illegal narcotics traffic in Indian country and the deleterious impact of alcohol and substance abuse upon Indian tribes and th

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5321 — Self-determination contracts

Page 724 TITLE 25—INDIANS § 5310 1 See References in Text note below. plete classification of this Act to the Code, see Short Title note set out under section 5301 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 subchapter IV (§ 5361 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 5301 of this title and Tables. Public Law 100–297, referred to in text, is Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 130, known as the Augus- tus F. Hawkins-Robert T. Stafford Elementary and Sec- ondary School Improvement Amendments of 1988. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under sec- tion 6301 of Title 20, Education, and Tables. 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 chap- ter. Section was formerly classified to section 450e–2 of this title prior to editorial reclassification and renum- bering as this section. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 104–208, div. A, title I, § 101(d) [title III, § 310], Sept. 30, 1996, 110 Stat. 3009–181, 3009–221. Pub. L. 104–134, title I, § 101(c) [title III, § 310], Apr. 26, 1996, 110 Stat. 1321–156, 1321–197; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 5310. Investment of advance payments; restric- tions Ad

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1601 — Congressional findings and declaration of

Page 434 TITLE 43—PUBLIC LANDS § 1600l 1 So in original. Probably should be ‘‘of’’. § 1600l. Authorization of appropriations There is authorized to be appropriated to the Department of the Interior $600,000, through the end of fiscal year 1990, in addition to any other funds now available to the Department to dis- charge its duties to implement sections 1600b to 1600k of this title and section 4029 of title 42: Provided, That by mutual agreement, such funds shall be made available to the Federal Emer- gency Management Agency to discharge its du- ties under section 4029 of title 42: Provided fur- ther, That the provisions of sections 1600d and 1600e of this title shall not be affected by this section: And Provided further, in addition, Indian tribes may be eligible under Public Law 93–638 [25 U.S.C. 5301 et seq.] to contract for studies of Indian lands required under the provisions of this chapter. (Pub. L. 99–450, § 15, Oct. 8, 1986, 100 Stat. 1136.) Editorial Notes REFERENCES IN TEXT Public Law 93–638, referred to in text, is 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 chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic

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