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25 U.S.C. § 3501 — Definitions

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

25 U.S.C. § 3501 — Definitions

In this chapter: (1) The term “Director” means the Director of the Office of Indian Energy Policy and Programs, Department of Energy. (2) The term “Indian land” means— (A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; (B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian tribe or an individual Indian; (ii) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community; (C) land that is owned by an Indian tribe and was conveyed by the United States to a Native Corporation 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.), or that was conveyed by the United States to a Native Corporation in exchange for such land; (D) any land located in a census tract in which the majority of residents are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act ([43 U.S.C. 1602(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602/b&num=0&edition=prelim))); and (E) any land located in a census tract in which the majority of residents are persons who are enrolled members of a federally recognized Tribe or village. (3) The term “Indian reservation” includes— (A) an Indian reservation in existence in any State or States as of August 8, 2005; (B) a public domain Indian allotment; and (C) a dependent Indian community located within the borders of the United States, regardless of whether the community is

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Stable record: federal_law:legal_authorities:record_usc_25087a0883f19821c315e62b
Source file: Laws/federal/codes/united-states-code/title-25/section-3501-definitions--7df2cd479d.md
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Source location: Title 25, Chapter 37, § 3501; chapter-037-indian-energy.md

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In this chapter: (1) The term “Director” means the Director of the Office of Indian Energy Policy and Programs, Department of Energy. (2) The term “Indian land” means— (A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; (B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian tribe or an individual Indian; (ii) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community; (C) land that is owned by an Indian tribe and was conveyed by the United States to a Native Corporation 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.), or that was conveyed by the United States to a Native Corporation in exchange for such land; (D) any land located in a census tract in which the majority of residents are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act ([43 U.S.C. 1602(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602/b&num=0&edition=prelim))); and (E) any land located in a census tract in which the majority of residents are persons who are enrolled members of a federally recognized Tribe or village. (3) The term “Indian reservation” includes— (A) an Indian reservation in existence in any State or States as of August 8, 2005; (B) a public domain Indian allotment; and (C) a dependent Indian community located within the borders of the United States, regardless of whether the community is located— (i) on original or acquired territory of the community; or (ii) within or outside the boundaries of any State or States. (4) (A) The term “Indian tribe” has the meaning given the term 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. (B) For the purpose of paragraph (12) and sections 3503(b)(1)(C) and 3504 of this title, the term “Indian tribe” does not include any Native Corporation. (5) The term “integration of energy resources” means any project or activity that promotes the location and operation of a facility (including any pipeline, gathering system, transportation system or facility, or electric transmission or distribution facility) on or near Indian land to process, refine, generate electricity from, or otherwise develop energy resources on, Indian land. (6) The term “Native Corporation” has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act ([43 U.S.C. 1602](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim)). (7) The term “organization” means a partnership, joint venture, limited liability company, or other unincorporated association or entity that is established to develop Indian energy resources. (8) The term “Program” means the Indian energy resource development program established under [section 3502(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3502/a&num=0&edition=prelim). (9) The term “qualified Indian tribe” means an Indian tribe that has— (A) carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application without material audit exception (or without any material audit exceptions that were not corrected within the 3-year period) relating to the management of tribal land or natural resources; or (B) substantial experience in the administration, review, or evaluation of energy resource leases or agreements or has otherwise substantially participated in the administration, management, or development of energy resources located on the tribal land of the Indian tribe. (10) The term “Secretary” means the Secretary of the Interior. (11) The term “sequestration” means the long-term separation, isolation, or removal of greenhouse gases from the atmosphere, including through a biological or geologic method such as reforestation or an underground reservoir. (12) The term “tribal energy development organization” means— (A) any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged in the development of energy resources and is wholly owned by an Indian tribe (including an organization incorporated pursuant to [section 5124 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5124&num=0&edition=prelim) or [section 5203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5203&num=0&edition=prelim)); and (B) any organization of two or more entities, at least one of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance under [section 3502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3502&num=0&edition=prelim) or to enter into a lease or business agreement with, or acquire a right-of-way from, an Indian tribe pursuant to subsection (a)(2)(A)(ii) or (b)(2)(B) of [section 3504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3504&num=0&edition=prelim). (13) The term “tribal land” means any land or interests in land owned by any Indian tribe, title to which is held in trust by the United States, or is subject to a restriction against alienation under laws of the United States.

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

25 U.S.C. § 3504 — Leases, business agreements, and rights-of-way involving energy development or transmission

**(a) Leases and business agreements** In accordance with this section— (1) an Indian tribe may, at the discretion of the Indian tribe, enter into a lease or business agreement for the purpose of energy resource development on tribal land, including a lease or business agreement for— (A) exploration for, extraction of, processing of, or other development of the energy mineral resources of the Indian tribe located on tribal land; (B) construction or operation of— (i) an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land; or (ii) a facility to process or refine energy resources, at least a portion of which have been developed on or produced from tribal land; or (C) pooling, unitization, or communitization of the energy mineral resources of the Indian tribe located on tribal land with any other energy mineral resource (including energy mineral resources owned by the Indian tribe or an individual Indian in fee, trust, or restricted status or by any other persons or entities) if the owner, or, if appropriate, lessee, of the resources has consented or consents to the pooling, unitization, or communitization of the other resources under any lease or agreement; and (2) a lease or business agreement described in paragraph (1) shall not require review by, or the approval of, the Secretary under [section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81&num=0&edition=prelim), or any other provision of law (including regulations), if the lease or business agreement— (A) was executed— (i) in accordance with the requirements of a tribal energy resource agreement in effect under subsecti

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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

16 U.S.C. § 800 — Issuance of preliminary permits or licenses

**(a) Preference** In issuing preliminary permits hereunder or original licenses where no preliminary permit has been issued, the Commission shall give preference to applications therefor by States, Indian tribes, and municipalities, provided the plans for the same are deemed by the Commission equally well adapted, or shall within a reasonable time to be fixed by the Commission be made equally well adapted, to conserve and utilize in the public interest the water resources of the region; and as between other applicants, the Commission may give preference to the applicant the plans of which it finds and determines are best adapted to develop, conserve, and utilize in the public interest the water resources of the region, if it be satisfied as to the ability of the applicant to carry out such plans. **(b) Development of water resources by United States; reports** Whenever, in the judgment of the Commission, the development of any water resources for public purposes should be undertaken by the United States itself, the Commission shall not approve any application for any project affecting such development, but shall cause to be made such examinations, surveys, reports, plans, and estimates of the cost of the proposed development as it may find necessary, and shall submit its findings to Congress with such recommendations as it may find appropriate concerning such development. **(c) Assumption of project by United States after expiration of license** Whenever, after notice and opportunity for hearing, the Commission determines that the United States should exercise its right upon or after the expiration of any license to take over any project or projects for public purposes, the Commission shall not issue a new license to the original licensee or to a new licensee but sha

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

42 U.S.C. § 15801 — National Laboratory Jobs ACCESS Program

**(a) In general** On or after the date that is 180 days after December 20, 2019, the Secretary may establish a program, to be known as the “Department of Energy National Lab Jobs ACCESS Program”, under which the Secretary may award, on a competitive basis, 5-year grants to eligible entities described in subsection (c) for the Federal share of the costs of pre-apprenticeship programs and apprenticeship programs described in subsection (b). **(b) Pre-apprenticeship and apprenticeship programs described** A pre-apprenticeship program or apprenticeship program described in this subsection is a pre-apprenticeship program or apprenticeship program that— (1) leads to recognized postsecondary credentials for secondary school and postsecondary students; (2) is focused on skills and qualifications needed, as determined by the Secretary in consultation with the directors of the National Laboratories, to meet the immediate and ongoing needs of traditional and emerging technician positions (including machinists and cybersecurity technicians) at the National Laboratories and covered facilities of the National Nuclear Security Administration; (3) is established in consultation with a National Laboratory or covered facility of the National Nuclear Security Administration; (4) is registered with and approved by the Secretary of Labor or a State apprenticeship agency; and (5) ensures that participants in the pre-apprenticeship program or apprenticeship program do not displace paid employees. **(c) Eligible entities described** An eligible entity described in this subsection is a workforce intermediary or an eligible sponsor of a pre-apprenticeship program or apprenticeship program that— (1) demonstrates experience in implementing and providing career planning and career pathways

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

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter 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 chapter.

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

25 U.S.C. § 4132 — Environmental review

**(a) In general** (1) **Release of funds** — In order to ensure that the policies of the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.] and other provisions of law that further the purposes of such Act (as specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of grant amounts provided under this chapter, and to ensure to the public undiminished protection of the environment, the Secretary, in lieu of the environmental protection procedures otherwise applicable, may by regulation provide for the release of amounts for particular projects to tribes which assume all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would apply to the Secretary were the Secretary to undertake such projects as Federal projects. (2) **Regulations** (A) *In general* — The Secretary shall issue regulations to carry out this section only after consultation with the Council on Environmental Quality. (B) *Contents* — The regulations issued under this paragraph shall— (i) provide for the monitoring of the environmental reviews performed under this section; (ii) in the discretion of the Secretary, facilitate training for the performance of such reviews; and (iii) provide for the suspension or termination of the assumption of responsibilities under this section. (3) **Effect on assumed responsibility** — The duty of the Secretary under paragraph (2)(B) shall not be construed to limit or reduce any responsibility assumed by a recipient of grant amounts with resp

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

5 U.S.C. § 5315 — Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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

43 U.S.C. § 1602 — Definitions

For the purposes of this chapter, the term— **(a)** “Secretary” means the Secretary of the Interior; **(b)** “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 11 So in original. Probably should be “Metlakatla”. Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final; **(c)** “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives; **(d)** “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality; **(e)** “Public lands” means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal instal

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

25 U.S.C. § 5124 — Incorporation of Indian tribes; charter; ratification by election

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.

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

25 U.S.C. § 5203 — Organization of tribes or bands; constitution; charter; right to participate in revolving credit fund

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. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim) 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.

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