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25 U.S.C. § 1934 — ‘‘Indian’’ defined for certain purposes
Federal law — U.S. Code and appendices · legal_authorities
Page 394
TITLE 25—INDIANS
§ 1934
1 See References in Text note below.
retary is hereby authorized for such purposes to
use funds appropriated for similar programs of
the Department of Health and Human Services:
Provided, That authority to make payments pur-
suant to such agreements shall be effective only
to the extent and in such amounts as may be
provided in advance by appropriation Acts.
(b) Appropriation authorization under section 13
of this title
Funds for the purposes of this chapter may be
appropriated pursuant to the provisions of sec-
tion 13 of this title.
(Pub. L. 95–608, title II, § 203, Nov. 8, 1978, 92 Stat.
3076; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979,
93 Stat. 695.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ and ‘‘De-
partment of Health and Human Services’’ substituted
for ‘‘Secretary of Health, Education, and Welfare’’ and
‘‘Department of Health, Education, and Welfare’’, re-
spectively, in subsec. (a) pursuant to section 509(b) of
Pub. L. 96–88, which is classified to section 3508(b) of
Title 20, Education.
§ 1934. ‘‘Indian’’ defined for certain purposes
For the purposes of sections 1932 and 1933 of
this title, the term ‘‘Indian’’ shall include per-
sons defined in section 1603(c) 1 of this title.
(Pub. L. 95–608, title II, § 204, Nov. 8, 1978, 92 Stat.
3077.)
Editorial Notes
REFERENCES IN TEXT
Section 1603(c) of this title, referred to in text, was
redesignated section 1603(13) of this title by Pub. L.
111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.
SUBCHAPTER III—RECORDKEEPING, INFOR-
MATION
AVAILABILITY,
AND
TIME-
TABLES
§ 1951. Information availability to and disclosure
by Secretary
(a) Copy of final decree or order; other informa-
tion;
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Page 394
TITLE 25—INDIANS
§ 1934
1 See References in Text note below.
retary is hereby authorized for such purposes to
use funds appropriated for similar programs of
the Department of Health and Human Services:
Provided, That authority to make payments pur-
suant to such agreements shall be effective only
to the extent and in such amounts as may be
provided in advance by appropriation Acts.
(b) Appropriation authorization under section 13
of this title
Funds for the purposes of this chapter may be
appropriated pursuant to the provisions of sec-
tion 13 of this title.
(Pub. L. 95–608, title II, § 203, Nov. 8, 1978, 92 Stat.
3076; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979,
93 Stat. 695.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ and ‘‘De-
partment of Health and Human Services’’ substituted
for ‘‘Secretary of Health, Education, and Welfare’’ and
‘‘Department of Health, Education, and Welfare’’, re-
spectively, in subsec. (a) pursuant to section 509(b) of
Pub. L. 96–88, which is classified to section 3508(b) of
Title 20, Education.
§ 1934. ‘‘Indian’’ defined for certain purposes
For the purposes of sections 1932 and 1933 of
this title, the term ‘‘Indian’’ shall include per-
sons defined in section 1603(c) 1 of this title.
(Pub. L. 95–608, title II, § 204, Nov. 8, 1978, 92 Stat.
3077.)
Editorial Notes
REFERENCES IN TEXT
Section 1603(c) of this title, referred to in text, was
redesignated section 1603(13) of this title by Pub. L.
111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.
SUBCHAPTER III—RECORDKEEPING, INFOR-
MATION
AVAILABILITY,
AND
TIME-
TABLES
§ 1951. Information availability to and disclosure
by Secretary
(a) Copy of final decree or order; other informa-
tion; anonymity affidavit; exemption from
Freedom of Information Act
Any State court entering a final decree or
order in any Indian child adoptive placement
after November 8, 1978, shall provide the Sec-
retary with a copy of such decree or order to-
gether with such other information as may be
necessary to show—
(1) the name and tribal affiliation of the
child;
(2) the names and addresses of the biological
parents;
(3) the names and addresses of the adoptive
parents; and
(4) the identity of any agency having files or
information relating to such adoptive place-
ment.
Where the court records contain an affidavit of
the biological parent or parents that their iden-
tity remain confidential, the court shall include
such affidavit with the other information. The
Secretary shall insure that the confidentiality
of such information is maintained and such in-
formation shall not be subject to the Freedom of
Information Act (5 U.S.C. 552), as amended.
(b) Disclosure of information for enrollment of
Indian child in tribe or for determination of
member rights or benefits; certification of
entitlement to enrollment
Upon the request of the adopted Indian child
over the age of eighteen, the adoptive or foster
parents of an Indian child, or an Indian tribe,
the Secretary shall disclose such information as
may be necessary for the enrollment of an In-
dian child in the tribe in which the child may be
eligible for enrollment or for determining any
rights or benefits associated with that member-
ship. Where the documents relating to such
child contain an affidavit from the biological
parent or parents requesting anonymity, the
Secretary shall certify to the Indian child’s
tribe, where the information warrants, that the
child’s parentage and other circumstances of
birth entitle the child to enrollment under the
criteria established by such tribe.
(Pub. L. 95–608, title III, § 301, Nov. 8, 1978, 92
Stat. 3077.)
§ 1952. Rules and regulations
Within one hundred and eighty days after No-
vember 8, 1978, the Secretary shall promulgate
such rules and regulations as may be necessary
to carry out the provisions of this chapter.
(Pub. L. 95–608, title III, § 302, Nov. 8, 1978, 92
Stat. 3077.)
SUBCHAPTER IV—MISCELLANEOUS
PROVISIONS
§ 1961. Locally convenient day schools
(a) Sense of Congress
It is the sense of Congress that the absence of
locally convenient day schools may contribute
to the breakup of Indian families.
(b) Report to Congress; contents, etc.
The Secretary is authorized and directed to
prepare, in consultation with appropriate agen-
cies in the Department of Health and Human
Services, a report on the feasibility of providing
Indian children with schools located near their
homes, and to submit such report to the Select
Committee on Indian Affairs of the United
States Senate and the Committee on Interior
and Insular Affairs of the United States House of
Representatives within two years from Novem-
ber 8, 1978. In developing this report the Sec-
retary shall give particular consideration to the
provision of educational facilities for children in
the elementary grades.
(Pub. L. 95–608, title IV, § 401, Nov. 8, 1978, 92
Stat. 3078; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Department of Health and Human Services’’ sub-
stituted for ‘‘Department of Health, Education, and
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Statement of purpose; scope of programs** The Secretary is authorized to make grants to Indian tribes and organizations in the establishment and operation of Indian child and family service programs on or near reservations and in the preparation and implementation of child welfare codes. The objective of every Indian child and family service program shall be to prevent the breakup of Indian families and, in particular, to insure that the permanent removal of an Indian child from the custody of his parent or Indian custodian shall be a last resort. Such child and family service programs may include, but are not limited to—
(1) a system for licensing or otherwise regulating Indian foster and adoptive homes;
(2) the operation and maintenance of facilities for the counseling and treatment of Indian families and for the temporary custody of Indian children;
(3) family assistance, including homemaker and home counselors, day care, afterschool care, and employment, recreational activities, and respite care;
(4) home improvement programs;
(5) the employment of professional and other trained personnel to assist the tribal court in the disposition of domestic relations and child welfare matters;
(6) education and training of Indians, including tribal court judges and staff, in skills relating to child and family assistance and service programs;
(7) a subsidy program under which Indian adoptive children may be provided support comparable to that for which they would be eligible as foster children, taking into account the appropriate State standards of support for maintenance and medical needs; and
(8) guidance, legal representation, and advice to Indian families involved in tribal, State, or Federal child custody proceedings.
**(b) Non-Federal matching funds for rel
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1934
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552
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Federal law — U.S. Code and appendices · legal_authorities
Page 109
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 552
cies, as appropriate and consistent with applicable law.
In addition, any personnel positions, committees, task
forces, or other entities established pursuant to the Ex-
ecutive Orders identified in section 2 of this order, in-
cluding the regulatory reform officer positions and reg-
ulatory reform task forces established by sections 2 and
3 of Executive Order 13777 [former 5 U.S.C. 601 note],
shall be abolished, as appropriate and consistent with
applicable law.
SEC. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented in a manner con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforce-
able at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
J.R. BIDEN, JR.
§ 552. Public information; agency rules, opinions,
orders, records, and proceedings
(a) Each agency shall make available to the
public information as follows:
(1) Each agency shall separately state and cur-
rently publish in the Federal Register for the
guidance of the public—
(A) descriptions of its central and field orga-
nization and the established places at which,
the employees (and in the case of a uniformed
service, the members) from whom, and the
methods whereby, t
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 552
Stored review status: historical_2024_not_currentness_verified. The source passage cites 5 U.S.C. § 552. This identifies an authority to review, not proof of applicability.