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25 U.S.C. § 1613 — Definitions

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

25 U.S.C. § 1613 — Definitions

In this chapter: (1) **Area office** — The term “Area office” means an administrative entity including a program office, within the Indian Health Service through which services and funds are provided to the service units within a defined geographic area. (2) **Behavioral health** (A) *In general* — The term “behavioral health” means the blending of substance (alcohol, drugs, inhalants, and tobacco) abuse and mental health disorders prevention and treatment for the purpose of providing comprehensive services. (B) *Inclusions* — The term “behavioral health” includes the joint development of substance abuse and mental health treatment planning and coordinated case management using a multidisciplinary approach. (3) **California Indian** — The term “California Indian” means any Indian who is eligible for health services provided by the Service pursuant to [section 1679 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1679&num=0&edition=prelim). (4) **Community college** — The term “community college” means— (A) a tribal college or university; or (B) a junior or community college. (5) **Contract health service** — The term “contract health service” means any health service that is— (A) delivered based on a referral by, or at the expense of, an Indian health program; and (B) provided by a public or private medical provider or hospital that is not a provider or hospital of the Indian health program. (6) **Department** — The term “Department”, unless otherwise designated, means the Department of Health and Human Services. (7) **Disease prevention** (A) *In general* — The term “disease prevention” means any activity for— (i) the reduction, limitation, and prevention of— (I) disease; and (II)

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Source location: Title 25, Chapter 18, § 1613; chapter-018-indian-health-care.md

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In this chapter: (1) **Area office** — The term “Area office” means an administrative entity including a program office, within the Indian Health Service through which services and funds are provided to the service units within a defined geographic area. (2) **Behavioral health** (A) *In general* — The term “behavioral health” means the blending of substance (alcohol, drugs, inhalants, and tobacco) abuse and mental health disorders prevention and treatment for the purpose of providing comprehensive services. (B) *Inclusions* — The term “behavioral health” includes the joint development of substance abuse and mental health treatment planning and coordinated case management using a multidisciplinary approach. (3) **California Indian** — The term “California Indian” means any Indian who is eligible for health services provided by the Service pursuant to [section 1679 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1679&num=0&edition=prelim). (4) **Community college** — The term “community college” means— (A) a tribal college or university; or (B) a junior or community college. (5) **Contract health service** — The term “contract health service” means any health service that is— (A) delivered based on a referral by, or at the expense of, an Indian health program; and (B) provided by a public or private medical provider or hospital that is not a provider or hospital of the Indian health program. (6) **Department** — The term “Department”, unless otherwise designated, means the Department of Health and Human Services. (7) **Disease prevention** (A) *In general* — The term “disease prevention” means any activity for— (i) the reduction, limitation, and prevention of— (I) disease; and (II) complications of disease; and (ii) the reduction of consequences of disease. (B) *Inclusions* — The term “disease prevention” includes an activity for— (i) controlling— (I) the development of diabetes; (II) high blood pressure; (III) infectious agents; (IV) injuries; (V) occupational hazards and disabilities; (VI) sexually transmittable diseases; or (VII) toxic agents; or (ii) providing— (I) fluoridation of water; or (II) immunizations. (8) **FAE** — The term “FAE” means fetal alcohol effect. (9) **FAS** — The term “fetal alcohol syndrome” or “FAS” means a syndrome in which, with a history of maternal alcohol consumption during pregnancy, the following criteria are met: (A) Central nervous system involvement such as mental retardation, developmental delay, intellectual deficit, microencephaly, or neurologic abnormalities. (B) Craniofacial abnormalities with at least 2 of the following: microophthalmia, short palpebral fissures, poorly developed philtrum, thin upper lip, flat nasal bridge, and short upturned nose. (C) Prenatal or postnatal growth delay. (10) **Health profession** — The term “Health profession” means allopathic medicine, family medicine, internal medicine, pediatrics, geriatric medicine, obstetrics and gynecology, podiatric medicine, nursing, public health nursing, dentistry, psychiatry, osteopathy, optometry, pharmacy, psychology, public health, social work, marriage and family therapy, chiropractic medicine, environmental health and engineering, an allied health profession, or any other health profession. (11) **Health promotion** — The term “health promotion” means any activity for— (A) fostering social, economic, environmental, and personal factors conducive to health, including raising public awareness regarding health matters and enabling individuals to cope with health problems by increasing knowledge and providing valid information; (B) encouraging adequate and appropriate diet, exercise, and sleep; (C) promoting education and work in accordance with physical and mental capacity; (D) making available safe water and sanitary facilities; (E) improving the physical, economic, cultural, psychological, and social environment; (F) promoting culturally competent care; and (G) providing adequate and appropriate programs, including programs for— (i) abuse prevention (mental and physical); (ii) community health; (iii) community safety; (iv) consumer health education; (v) diet and nutrition; (vi) immunization and other methods of prevention of communicable diseases, including HIV/AIDS; (vii) environmental health; (viii) exercise and physical fitness; (ix) avoidance of fetal alcohol spectrum disorders; (x) first aid and CPR education; (xi) human growth and development; (xii) injury prevention and personal safety; (xiii) behavioral health; (xiv) monitoring of disease indicators between health care provider visits through appropriate means, including Internet-based health care management systems; (xv) personal health and wellness practices; (xvi) personal capacity building; (xvii) prenatal, pregnancy, and infant care; (xviii) psychological well-being; (xix) reproductive health and family planning; (xx) safe and adequate water; (xxi) healthy work environments; (xxii) elimination, reduction, and prevention of contaminants that create unhealthy household conditions (including mold and other allergens); (xxiii) stress control; (xxiv) substance abuse; (xxv) sanitary facilities; (xxvi) sudden infant death syndrome prevention; (xxvii) tobacco use cessation and reduction; (xxviii) violence prevention; and (xxix) such other activities identified by the Service, a tribal health program, or an urban Indian organization to promote achievement of any of the objectives referred to in [section 1602(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1602/2&num=0&edition=prelim). (12) **Indian health program** — The term “Indian health program” means— (A) any health program administered directly by the Service; (B) any tribal health program; and (C) any Indian tribe or tribal organization to which the Secretary provides funding pursuant to [section 47 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section47&num=0&edition=prelim). (13) **Indians or Indian** — The term “Indians” or “Indian”, unless otherwise designated, means any person who is a member of an Indian tribe, as defined in subsection (d) hereof,11 See References in Text note below. except that, for the purpose of sections 1612 and 1613 of this title, such terms shall mean any individual who 22 So in original. Probably should be followed by a dash. (A) ,33 So in original. The comma probably should not appear. irrespective of whether he or she lives on or near a reservation, is a member of a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the State in which they reside, or who is a descendant, in the first or second degree, of any such member, or (B) is an Eskimo or Aleut or other Alaska Native, or (C) is considered by the Secretary of the Interior to be an Indian for any purpose, or (D) is determined to be an Indian under regulations promulgated by the Secretary. (14) **Indian tribe** — The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or group 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 status as Indians. (15) **Junior or community college** — The term “junior or community college” has the meaning given the term in section 1058(e) 1 of title 20. (16) **Reservation** (A) *In general* — The term “reservation” means a reservation, Pueblo, or colony of any Indian tribe. (B) *Inclusions* — The term “reservation” includes— (i) former reservations in Oklahoma; (ii) Indian allotments; and (iii) Alaska Native Regions 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.). (17) **Secretary** — The term “Secretary”, unless otherwise designated, means the Secretary of Health and Human Services. (18) **Service** — The term “Service” means the Indian Health Service. (19) **Service area** — The term “Service area” means the geographical area served by each area office. (20) **Service unit** — The term “Service unit” means an administrative entity of the Service or a tribal health program through which services are provided, directly or by contract, to eligible Indians within a defined geographic area. (21) **Substance abuse** — The term “Substance abuse” includes inhalant abuse. (22) **Telehealth** — The term “telehealth” has the meaning given the term in [section 254c–16(a) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254c–16/a&num=0&edition=prelim). (23) **Telemedicine** — The term “telemedicine” means a telecommunications link to an end user through the use of eligible equipment that electronically links health professionals or patients and health professionals at separate sites in order to exchange health care information in audio, video, graphic, or other format for the purpose of providing improved health care services. (24) **Tribal college or university** — The term “tribal college or university” has the meaning given the term in [section 1059c(b) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059c/b&num=0&edition=prelim). (25) **Tribal health program** — The term “tribal health program” means an Indian tribe or tribal organization that operates any health program, service, function, activity, or facility funded, in whole or part, by the Service through, or provided for in, a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.).1 (26) **Tribal organization** — The term “tribal organization” 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)).1 (27) **Urban center** — The term “Urban center” means any community which has a sufficient urban Indian population with unmet health needs to warrant assistance under subchapter IV, as determined by the Secretary. (28) **Urban Indian** — The term “Urban Indian” means any individual who resides in an urban center, as defined in subsection (g) hereof,1 and who meets one or more of the four criteria in subsection (c)(1) through (4) of this section.1 (29) **Urban Indian organization** — The term “Urban Indian organization” means a nonprofit corporate body situated in an urban center, governed by an urban Indian controlled board of directors, and providing for the maximum participation of all interested Indian groups and individuals, which body is capable of legally cooperating with other public and private entities for the purpose of performing the activities described in [section 1653(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1653/a&num=0&edition=prelim).

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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. § 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. § 47 — Employment of Indian labor and purchase of products of Indian industry; participation in Mentor-Protege Program

**(a) Definitions** In this section: (1) **Indian economic enterprise** — The term “Indian economic enterprise” has the meaning given the term in section 1480.201 of title 48, Code of Federal Regulations (or successor regulations). (2) **Mentor firm; protege firm** — The terms “mentor firm” and “protege firm” have the meanings given those terms in [section 4902(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4902/c&num=0&edition=prelim). (3) **Secretaries** — The term “Secretaries” means— (A) the Secretary of the Interior; and (B) the Secretary of Health and Human Services. **(b) Enterprise Development** (1) **In general** — Unless determined by one of the Secretaries to be impracticable and unreasonable— (A) Indian labor shall be employed; and (B) purchases of Indian industry products (including printing and facilities construction, notwithstanding any other provision of law) may be made in open market by the Secretaries. (2) **Mentor-protege program** (A) *In general* — Participation in the Mentor-Protege Program established under section 831(a) of the National Defense Authorization Act for Fiscal Year 1991 ([10 U.S.C. 2302](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2302&num=0&edition=prelim) note; Public Law 101–510) or receipt of assistance under a developmental assistance agreement under that program shall not render any individual or entity involved in the provision of Indian labor or an Indian industry product ineligible to receive assistance under this section. (B) *Treatment* — For purposes of this section, no determination of affiliation or control (whether direct or indirect) may be found between a protege firm and a mentor firm on the basis that the mentor f

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

25 U.S.C. § 450 — Transferred

### Statutory Notes #### Codification Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).

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

25 U.S.C. § 1601 — Indian Catastrophic Health Emergency Fund

$10,000,000 shall remain available until expended, for the establishment of an Indian Catastrophic Health Emergency Fund (hereinafter referred to as the “Fund”). On and after October 18, 1986, the Fund is to cover the Indian Health Service portion of the medical expenses of catastrophic illness falling within the responsibility of the Service and shall be administered by the Secretary of Health and Human Services, acting through the central office of the Indian Health Service. No part of the Fund or its administration shall be subject to contract or grant under the Indian Self-Determination and Education Assistance Act (Public Law 93–638) [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]. There shall be deposited into the Fund all amounts recovered under the authority of the Federal Medical Care Recovery Act ([42 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) et seq.), which shall become available for obligation upon receipt and which shall remain available for obligation until expended. The Fund shall not be used to pay for health services provided to eligible Indians to the extent that alternate Federal, State, local, or private insurance resources for payment: (1) are available and accessible to the beneficiary; or (2) would be available and accessible if the beneficiary were to apply for them; or (3) would be available and accessible to other citizens similarly situated under Federal, State, or local law or regulation or private insurance program notwithstanding Indian Health Service eligibility or residency on or off a Federal Indian reservation.

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

25 U.S.C. § 450b — Transferred

### Statutory Notes #### Codification Section 458bbb–2, Pub. L. 93–638, title V, § 503, as added Pub. L. 106–568, title XIII, § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section458ddd-2&num=0&edition=prelim) prior to editorial reclassification as [section 5423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5423&num=0&edition=prelim).

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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. § 1679 — Nuclear resource development health hazards

**(a) Study** The Secretary and the Service shall conduct, in conjunction with other appropriate Federal agencies and in consultation with concerned Indian tribes and organizations, a study of the health hazards to Indian miners and Indians on or near Indian reservations and in Indian communities as a result of nuclear resource development. Such study shall include— (1) an evaluation of the nature and extent of nuclear resource development related health problems currently exhibited among Indians and the causes of such health problems; (2) an analysis of the potential effect of ongoing and future nuclear resource development on or near Indian reservations and communities; (3) an evaluation of the types and nature of activities, practices, and conditions causing or affecting such health problems, including uranium mining and milling, uranium mine tailing deposits, nuclear powerplant operation and construction, and nuclear waste disposal; (4) a summary of any findings and recommendations provided in Federal and State studies, reports, investigations, and inspections during the five years prior to December 17, 1980, that directly or indirectly relate to the activities, practices, and conditions affecting the health or safety of such Indians; and (5) the efforts that have been made by Federal and State agencies and mining and milling companies to effectively carry out an education program for such Indians regarding the health and safety hazards of such nuclear resource development. **(b) Health care plan; development** Upon completion of such study the Secretary and the Service shall take into account the results of such study and develop a health care plan to address the health problems studied under subsection (a). The plan shall include— (1) methods for diagnosing

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

25 U.S.C. § 1613 — Health professions preparatory scholar-

Page 246 TITLE 25—INDIANS § 1613 (B) if they are not qualified to enroll in any such courses of study, to undertake such postsecondary education or training as may be required to qualify them for enrollment; (2) publicizing existing sources of financial aid available to Indians enrolled in any course of study referred to in paragraph (1) of this subsection or who are undertaking training necessary to qualify them to enroll in any such course of study; or (3) establishing other programs which the Secretary determines will enhance and facili- tate the enrollment of Indians in, and the sub- sequent pursuit and completion by them of, courses of study referred to in paragraph (1) of this subsection. (b) Application for grant; submittal and ap- proval; preference; payment (1) No grant may be made under this section unless an application therefor has been sub- mitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe. The Secretary shall give a preference to applications submitted by Indian tribes or tribal organiza- tions. (2) The amount of any grant under this section shall be determined by the Secretary. Payments pursuant to grants under this section may be made in advance or by way of reimbursement, and at such intervals and on such conditions as the Secretary finds necessary. (Pub. L. 94–437, title I, § 102, Sept. 30, 1976, 90 Stat. 1402; Pub. L. 96–537, § 3(a), Dec. 17, 1980, 94 Stat. 3173; Pub. L. 100–713, title I, § 101, Nov. 23, 1988, 102 Stat. 4785; Pub. L. 102–573, title I, §§ 102(a), 117(b)(1), title IX, § 902(2)(A), Oct. 29, 1992, 106 Stat. 4530, 4544, 4591.) Editorial Notes AMENDMENTS 1992—Subsec. (a)(1)

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1613

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

25 U.S.C. § 450 — Transferred

Page 141 TITLE 25—INDIANS § 450f Section was formerly classified to section 93 of Title 45, Railroads. § 443c. Transferred Editorial Notes CODIFICATION Section 443c was editorially reclassified as section 1684 of this title. § 443d. Transferred Editorial Notes CODIFICATION Section 443d was editorially reclassified as section 1685 of this title. §§ 444 to 449. Repealed. Aug. 5, 1954, ch. 658, § 5, 68 Stat. 675 Sections, act Apr. 3, 1952, ch. 129, §§ 1–6, 66 Stat. 35, re- lated to Indian hospital services and facilities. See sec- tion 2001 et seq. of Title 42, The Public Health and Wel- fare. Statutory Notes and Related Subsidiaries 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. SUBCHAPTER II—INDIAN SELF-DETER- MINATION AND EDUCATION ASSISTANCE § 450. Transferred Editorial Notes CODIFICATION Section 450 was editorially reclassified as section 5301 of this title. § 450a. Transferred Editorial Notes CODIFICATION Section 450a was editorially reclassified as section 5302 of this title. § 450a–1. Transferred Editorial Notes CODIFICATION Section 450a–1 was editorially reclassified as section 5303 of this title. § 450b. Transferred Editorial Notes CODIFICATION Section 450b was editorially reclassified as section 5304 of this title. § 450c. Transferred Editorial Notes CODIFICATION Section 450c was editorially reclassified as section 5305 of this title. § 450d. Transferred Editorial Notes CODIFICATION Section 450d was editorially reclassified as section 5306 of this title. § 450e. Transferred Editorial Notes CODIFICATION Section 450e was editorially reclassified as section 5307 of this title. § 4

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 450

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