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2 U.S.C. § 658c — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this part:
(1) **Agency** — The term “agency” has the same meaning as defined in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim), but does not include independent regulatory agencies.
(2) **Amount** — The term “amount”, with respect to an authorization of appropriations for Federal financial assistance, means the amount of budget authority for any Federal grant assistance program or any Federal program providing loan guarantees or direct loans.
(3) **Direct costs** — The term “direct costs”—
(A)
(i) in the case of a Federal intergovernmental mandate, means the aggregate estimated amounts that all State, local, and tribal governments would be required to spend or would be prohibited from raising in revenues in order to comply with the Federal intergovernmental mandate; or
(ii) in the case of a provision referred to in paragraph (5)(A)(ii), means the amount of Federal financial assistance eliminated or reduced;
(B) in the case of a Federal private sector mandate, means the aggregate estimated amounts that the private sector will be required to spend in order to comply with the Federal private sector mandate;
(C) shall be determined on the assumption that—
(i) State, local, and tribal governments, and the private sector will take all reasonable steps necessary to mitigate the costs resulting from the Federal mandate, and will comply with applicable standards of practice and conduct established by recognized professional or trade associations; and
(ii) reasonable steps to mitigate the costs shall not include increases in State, local, or tribal taxes or fees; and
(D) shall not include—
(i) estimated amounts that the State, local, and tri
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Source location: Title 2, Chapter 17A, § 658c; chapter-17a-congressional-budget-and-fiscal-operations.md
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For purposes of this part:
(1) **Agency** — The term “agency” has the same meaning as defined in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim), but does not include independent regulatory agencies.
(2) **Amount** — The term “amount”, with respect to an authorization of appropriations for Federal financial assistance, means the amount of budget authority for any Federal grant assistance program or any Federal program providing loan guarantees or direct loans.
(3) **Direct costs** — The term “direct costs”—
(A)
(i) in the case of a Federal intergovernmental mandate, means the aggregate estimated amounts that all State, local, and tribal governments would be required to spend or would be prohibited from raising in revenues in order to comply with the Federal intergovernmental mandate; or
(ii) in the case of a provision referred to in paragraph (5)(A)(ii), means the amount of Federal financial assistance eliminated or reduced;
(B) in the case of a Federal private sector mandate, means the aggregate estimated amounts that the private sector will be required to spend in order to comply with the Federal private sector mandate;
(C) shall be determined on the assumption that—
(i) State, local, and tribal governments, and the private sector will take all reasonable steps necessary to mitigate the costs resulting from the Federal mandate, and will comply with applicable standards of practice and conduct established by recognized professional or trade associations; and
(ii) reasonable steps to mitigate the costs shall not include increases in State, local, or tribal taxes or fees; and
(D) shall not include—
(i) estimated amounts that the State, local, and tribal governments (in the case of a Federal intergovernmental mandate) or the private sector (in the case of a Federal private sector mandate) would spend—
(I) to comply with or carry out all applicable Federal, State, local, and tribal laws and regulations in effect at the time of the adoption of the Federal mandate for the same activity as is affected by that Federal mandate; or
(II) to comply with or carry out State, local, and tribal governmental programs, or private-sector business or other activities in effect at the time of the adoption of the Federal mandate for the same activity as is affected by that mandate; or
(ii) expenditures to the extent that such expenditures will be offset by any direct savings to the State, local, and tribal governments, or by the private sector, as a result of—
(I) compliance with the Federal mandate; or
(II) other changes in Federal law or regulation that are enacted or adopted in the same bill or joint resolution or proposed or final Federal regulation and that govern the same activity as is affected by the Federal mandate.
(4) **Direct savings** — The term “direct savings”, when used with respect to the result of compliance with the Federal mandate—
(A) in the case of a Federal intergovernmental mandate, means the aggregate estimated reduction in costs to any State, local, or tribal government as a result of compliance with the Federal intergovernmental mandate; and
(B) in the case of a Federal private sector mandate, means the aggregate estimated reduction in costs to the private sector as a result of compliance with the Federal private sector mandate.
(5) **Federal intergovernmental mandate** — The term “Federal intergovernmental mandate” means—
(A) any provision in legislation, statute, or regulation that—
(i) would impose an enforceable duty upon State, local, or tribal governments, except—
(I) a condition of Federal assistance; or
(II) a duty arising from participation in a voluntary Federal program, except as provided in subparagraph (B); or
(ii) would reduce or eliminate the amount of authorization of appropriations for—
(I) Federal financial assistance that would be provided to State, local, or tribal governments for the purpose of complying with any such previously imposed duty unless such duty is reduced or eliminated by a corresponding amount; or
(II) the control of borders by the Federal Government; or reimbursement to State, local, or tribal governments for the net cost associated with illegal, deportable, and excludable aliens, including court-mandated expenses related to emergency health care, education or criminal justice; when such a reduction or elimination would result in increased net costs to State, local, or tribal governments in providing education or emergency health care to, or incarceration of, illegal aliens; except that this subclause shall not be in effect with respect to a State, local, or tribal government, to the extent that such government has not fully cooperated in the efforts of the Federal Government to locate, apprehend, and deport illegal aliens;
(B) any provision in legislation, statute, or regulation that relates to a then-existing Federal program under which $500,000,000 or more is provided annually to State, local, and tribal governments under entitlement authority, if the provision—
(i)
(I) would increase the stringency of conditions of assistance to State, local, or tribal governments under the program; or
(II) would place caps upon, or otherwise decrease, the Federal Government’s responsibility to provide funding to State, local, or tribal governments under the program; and
(ii) the State, local, or tribal governments that participate in the Federal program lack authority under that program to amend their financial or programmatic responsibilities to continue providing required services that are affected by the legislation, statute, or regulation.
(6) **Federal mandate** — The term “Federal mandate” means a Federal intergovernmental mandate or a Federal private sector mandate, as defined in paragraphs (5) and (7).
(7) **Federal private sector mandate** — The term “Federal private sector mandate” means any provision in legislation, statute, or regulation that—
(A) would impose an enforceable duty upon the private sector except—
(i) a condition of Federal assistance; or
(ii) a duty arising from participation in a voluntary Federal program; or
(B) would reduce or eliminate the amount of authorization of appropriations for Federal financial assistance that will be provided to the private sector for the purposes of ensuring compliance with such duty.
(8) **Local government** — The term “local government” has the same meaning as defined in [section 6501(6) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6501/6&num=0&edition=prelim).
(9) **Private sector** — The term “private sector” means all persons or entities in the United States, including individuals, partnerships, associations, corporations, and educational and nonprofit institutions, but shall not include State, local, or tribal governments.
(10) **Regulation; rule** — The term “regulation” or “rule” (except with respect to a rule of either House of the Congress) has the meaning of “rule” as defined in [section 601(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section601/2&num=0&edition=prelim).
(11) **Small government** — The term “small government” means any small governmental jurisdictions defined in [section 601(5) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section601/5&num=0&edition=prelim) and any tribal government.
(12) **State** — The term “State” has the same meaning as defined in [section 6501(9) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6501/9&num=0&edition=prelim).
(13) **Tribal government** — The term “tribal government” 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians.
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter shall preclude a State, local, or tribal government that already complies with all or part of the Federal intergovernmental mandates included in the bill, joint resolution, amendment, motion, or conference report from consideration for Federal funding under [section 658d(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d/a/2&num=0&edition=prelim) for the cost of the mandate, including the costs the State, local, or tribal government is currently paying and any additional costs necessary to meet the mandate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1516
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are—
(1) to strengthen the partnership between the Federal Government and State, local, and tribal governments;
(2) to end the imposition, in the absence of full consideration by Congress, of Federal mandates on State, local, and tribal governments without adequate Federal funding, in a manner that may displace other essential State, local, and tribal governmental priorities;
(3) to assist Congress in its consideration of proposed legislation establishing or revising Federal programs containing Federal mandates affecting State, local, and tribal governments, and the private sector by—
(A) providing for the development of information about the nature and size of mandates in proposed legislation; and
(B) establishing a mechanism to bring such information to the attention of the Senate and the House of Representatives before the Senate and the House of Representatives vote on proposed legislation;
(4) to promote informed and deliberate decisions by Congress on the appropriateness of Federal mandates in any particular instance;
(5) to require that Congress consider whether to provide funding to assist State, local, and tribal governments in complying with Federal mandates, to require analyses of the impact of private sector mandates, and through the dissemination of that information provide informed and deliberate decisions by Congress and Federal agencies and retain competitive balance between the public and private sectors;
(6) to establish a point-of-order vote on the consideration in the Senate and House of Representatives of legislation containing significant Federal intergovernmental mandates without providing adequate funding to comply with such mandates;
(7) to assist Federal agencies in their consideration of proposed regul
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1511
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** When a committee of authorization of the Senate or the House of Representatives reports a bill or joint resolution of public character that includes any Federal mandate, the report of the committee accompanying the bill or joint resolution shall contain the information required by subsections (c) and (d).
**(b) Submission of bills to Director** When a committee of authorization of the Senate or the House of Representatives orders reported a bill or joint resolution of a public character, the committee shall promptly provide the bill or joint resolution to the Director of the Congressional Budget Office and shall identify to the Director any Federal mandates contained in the bill or resolution.
**(c) Reports on Federal mandates** Each report described under subsection (a) shall contain—
(1) an identification and description of any Federal mandates in the bill or joint resolution, including the direct costs to State, local, and tribal governments, and to the private sector, required to comply with the Federal mandates;
(2) a qualitative, and if practicable, a quantitative assessment of costs and benefits anticipated from the Federal mandates (including the effects on health and safety and the protection of the natural environment); and
(3) a statement of the degree to which a Federal mandate affects both the public and private sectors and the extent to which Federal payment of public sector costs or the modification or termination of the Federal mandate as provided under [section 658d(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d/a/2&num=0&edition=prelim) would affect the competitive balance between State, local, or tribal governments and the private sector including a description of the action
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 658e
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Federal law — U.S. Code and appendices · legal_authorities
Page 208
TITLE 2—THE CONGRESS
§ 658c
propriations for new Federal financial assist-
ance, provided by the bill or joint resolution
and usable for activities of State, local, or
tribal governments subject to the Federal
intergovernmental mandates;
(B) a statement of whether the committee
intends that the Federal intergovernmental
mandates be partly or entirely unfunded, and
if so, the reasons for that intention; and
(C) if funded in whole or in part, a statement
of whether and how the committee has created
a mechanism to allocate the funding in a man-
ner that is reasonably consistent with the ex-
pected direct costs among and between the re-
spective levels of State, local, and tribal gov-
ernment;
(2) any existing sources of Federal assistance
in addition to those identified in paragraph (1)
that may assist State, local, and tribal gov-
ernments in meeting the direct costs of the
Federal intergovernmental mandates; and
(3) if the bill or joint resolution would make
the
reduction
specified
in
section
658(5)(B)(i)(II) of this title, a statement of how
the committee specifically intends the States
to implement the reduction and to what ex-
tent the legislation provides additional flexi-
bility, if any, to offset the reduction.
(e) Preemption clarification and information
When a committee of authorization of the
Senate or the House of Representatives reports
a bill or joint resolution of public character, the
committee report accompanying the bill or joint
resolution shall contain, if relevant to the bill
or joint resolution, an explicit statement on the
extent to which the bill or joint resolution is in-
tended to preempt any State, local, or tribal
law, and, if so, an explanation of the effect of
such preemption.
(f) Publication of stat
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 658c
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1601
Stored review status: historical_2024_not_currentness_verified. The source passage cites 43 U.S.C. § 1601. This identifies an authority to review, not proof of applicability.