25 U.S.C. § 1453 — Assistance or activities of other Federal

Page 229 TITLE 25—INDIANS § 1453 Sec. 1497a. Supplemental surety bond guarantee. 1498. Rules and regulations. 1499. Limitation on guarantee of debt issues; ap- proval of bond issue sale. SUBCHAPTER III—INTEREST SUBSIDIES AND ADMINISTRATIVE EXPENSES 1511. Interest subsidies; rules and regulations. 1512. Authorization of appropriations for interest payments. SUBCHAPTER IV—INDIAN BUSINESS GRANTS 1521. Indian Business Development Program; estab- lishment; statement of purpose. 1522. Conditions. 1523. Authorization of appropriations. 1524. Rules and regulations. SUBCHAPTER V—MISCELLANEOUS PROVISIONS 1541. Competent management and technical assist- ance for economic enterprises. 1542. Agency cooperation; private contracts for management services and technical assist- ance. 1543. Funds limitation for private contracts. 1544. Additional compensation to contractors of Federal agency. 1545. Livestock loans; cash settlements. 1546. Disposition of cash settlements. GENERAL PROVISIONS § 1451. Congressional declaration of policy It is hereby declared to be the policy of Con- gress to provide capital on a reimbursable basis to help develop and utilize Indian resources, both physical and human, to a point where the Indians will fully exercise responsibility for the utilization and management of their own re- sources and where they will enjoy a standard of living from their own productive efforts com- parable to that enjoyed by non-Indians in neigh- boring communities. (Pub. L. 93–262, § 2, Apr. 12, 1974, 88 Stat. 77.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–221, § 1(a), May 12, 2006, 120 Stat. 336, pro- vided that: ‘‘This Act [enacting section 494a of this title and section 1613a of Title 43, Public Lands, amend- ing sections 348, 415, 464, 1481, 1485, 1486, 1497, 2206, 2706, and 2717 of this title and sections 1629b and 1629e of Title 43, enacting provisions set out as notes under sec- tions 348 and 415 of this title and section 1629b of Title 43, and amending provisions set out as a note under sec- tion 2201 of this title] may be cited as the ‘Native American Technical Corrections Act of 2006’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–331, title I, § 101, Dec. 13, 2002, 116 Stat. 2835, provided that: ‘‘This Act [enacting subchapter XIII of chapter 19 of this title, amending sections 415, 1484, and 1485 of this title, and enacting provisions set out as notes under sections 415 and 1485 of this title] may be cited as the ‘Indian Financing Amendments Act of 2002’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–449, § 1, Oct. 4, 1984, 98 Stat. 1725, provided: ‘‘That this Act [enacting section 47a of this title and amending sections 1461, 1465, 1481, 1484, 1491, 1497, 1512, 1522, 1523, 1541, and 1543 of this title] may be cited as the ‘Indian Financing Act Amendments of 1984’.’’ SHORT TITLE Pub. L. 93–262, § 1, Apr. 12, 1974, 88 Stat. 77, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Indian Financing Act of 1974’.’’ § 1452. Definitions For the purpose of this chapter, the term— (a) ‘‘Secretary’’ means the Secretary of the In- terior. (b) ‘‘Indian’’ means any person who is a mem- ber of any Indian tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bu- reau of Indian Affairs and any ‘‘Native’’ as de- fined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]. (c) ‘‘Tribe’’ means any Indian tribe, band, group, pueblo, or community, including Native villages and Native groups (including corpora- tions organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized by the Federal Government as eligi- ble for services from the Bureau of Indian Af- fairs. (d) ‘‘Reservation’’ includes Indian reserva- tions, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corpora- tions, and village corporations under the provi- sions of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]. (e) ‘‘Economic enterprise’’ means any Indian- owned (as defined by the Secretary of the Inte- rior) commercial, industrial, or business activ- ity established or organized for the purpose of profit: Provided, That such Indian ownership shall constitute not less than 51 per centum of the enterprise. (f) ‘‘Organization’’, unless otherwise specified, shall be the governing body of any Indian tribe, as defined in subsection (c), or entity estab- lished or recognized by such governing body for the purpose of this chapter. (g) ‘‘Other organizations’’ means any non-In- dian individual, firm, corporation, partnership, or association. (h) ‘‘Surety’’ has the same meaning as in sec- tion 694a of title 15. (i) ‘‘Surety Bond’’ means a bid bond, payment bond, or performance bond as those terms are defined in section 694a of title 15. (Pub. L. 93–262, § 3, Apr. 12, 1974, 88 Stat. 77; Pub. L. 100–442, § 5(b), Sept. 22, 1988, 102 Stat. 1764.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in pars. (b) to (d), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 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. AMENDMENTS 1988—Pars. (h), (i). Pub. L. 100–442 added pars. (h) and (i). § 1453. Assistance or activities of other Federal agencies unaffected No provision of this chapter or any other Act shall be construed to terminate or otherwise curtail the assistance or activities of the Small Business Administration or any other Federal agency with respect to any Indian tribe, organi- Page 230 TITLE 25—INDIANS § 1461 1 So in original. Probably should be ‘‘(49 Stat. 1967),’’. zation, or individual because of their eligibility for assistance under this chapter. (Pub. L. 93–262, § 4, Apr. 12, 1974, 88 Stat. 77.) SUBCHAPTER I—INDIAN REVOLVING LOAN FUND § 1461. Administration as single Indian Revolving Loan Fund sums from diverse sources; avail- ability of fund for loans to Indians and for administrative expenses In order to provide credit that is not available from private money markets, or to supplement funds from private lenders, including loans guar- anteed by the Secretary pursuant to section 1481 of this title, all funds that are now or hereafter a part of the revolving fund authorized by the Act of June 18, 1934 (48 Stat. 986) [25 U.S.C. 5101 et seq.], the Act of June 26, 1936 (49 Stat. 1968),1 and the Act of April 19, 1950 (64 Stat. 44), as amended and supplemented, including sums re- ceived in settlement of debts of livestock pursu- ant to sections 1545 and 1546 of this title, and sums collected in repayment of loans heretofore or hereafter made, and as interest or other charges on loans, shall hereafter be adminis- tered as a single Indian Revolving Loan Fund. The fund shall be available for loans to Indians having a form of organization that is satisfac- tory to the Secretary and for loans to individual Indians: Provided, That, where the Secretary de- termines a rejection of a loan application from a member of an organization making loans to its membership from moneys borrowed from the fund is unwarranted, he may, in his discretion, make a direct loan to such individual from the fund. The fund shall also be available for admin- istrative expenses incurred in connection there- with, or, in the discretion of the Secretary of the Interior, as a contribution to the Indian Loan Guaranty and Insurance Fund authorized by section 1497 of this title, or for the payment of interest subsidies authorized by section 1511 of this title. (Pub. L. 93–262, title I, § 101, Apr. 12, 1974, 88 Stat. 78; Pub. L. 98–449, § 2, Oct. 4, 1984, 98 Stat. 1725; Pub. L. 101–644, title III, § 303(a), Nov. 29, 1990, 104 Stat. 4667.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the In- dian Reorganization Act, which is classified generally to chapter 45 (§ 5101 et seq.) of this title. Provisions of the act establishing the revolving fund are set out in section 5113 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables. Act of June 26, 1936, referred to in text, is act June 26, 1936, ch. 831, 49 Stat. 1967, popularly known as the Oklahoma Welfare Act, which was classified generally to subchapter VIII (§ 501 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 45A (§ 5201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5201 of this title and Tables. Provisions of the Act relating to the revolving fund appear in section 5206 of this title. Act of April 19, 1950, referred to in text, is act Apr. 19, 1950, ch. 92, 64 Stat. 44, which was classified generally to subchapter XXI (§ 631 et seq.) of chapter 14 of this title and was omitted from the Code as being of special and not general application. AMENDMENTS 1990—Pub. L. 101–644 substituted ‘‘money markets, or to supplement funds from private lenders, including loans guaranteed by the Secretary pursuant to section 1481 of this title,’’ for ‘‘money markets,’’ in first sen- tence and inserted before period at end of third sen- tence ‘‘, or, in the discretion of the Secretary of the In- terior, as a contribution to the Indian Loan Guaranty and Insurance Fund authorized by section 1497 of this title, or for the payment of interest subsidies author- ized by section 1511 of this title’’. 1984—Pub. L. 98–449 which directed that ‘‘which are not members of or eligible for membership in an orga- nization which is making loans to its members’’ be struck out was executed by striking out ‘‘who are not members of or eligible for membership in an organiza- tion which is making loans to its members’’ before pro- viso. § 1462. Economic development; educational loans; limitation of loans to or investments in non- Indian organizations Loans may be made for any purpose which will promote the economic development of (a) the in- dividual Indian borrower, including loans for educational purposes, and (b) the Indian organi- zation and its members including loans by such organizations to other organizations and invest- ments in other organizations regardless of whether they are organizations of Indians: Pro- vided, That not more than 50 per centum of loan made to an organization shall be used by such organization for the purpose of making loans to or investments in non-Indian organizations. (Pub. L. 93–262, title I, § 102, Apr. 12, 1974, 88 Stat. 78.) § 1463. Repayment of loan; financing from other sources Loans may be made only when, in the judg- ment of the Secretary, there is a reasonable prospect of repayment, and only to applicants who in the opinion of the Secretary are unable to obtain financing from other sources on rea- sonable terms and conditions. (Pub. L. 93–262, title I, § 103, Apr. 12, 1974, 88 Stat. 78.) § 1464. Maturity of loans; interest rate; interest deferral on educational loans Loans shall be for terms that do not exceed thirty years and shall bear interest at (a) a rate determined by the Secretary of the Treasury taking into consideration the market yield on municipal bonds: Provided, That in no event shall the rate be greater than the rate deter- mined by the Secretary of the Treasury taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturity, plus (b) such additional charge, if any, toward covering other costs of the program as the Secretary may determine to be consistent with its purpose: Pro- vided, That educational loans may provide for interest to be deferred while the borrower is in school or in the military service.