25 U.S.C. § 1863 — Applicability of other laws

Page 387 TITLE 25—INDIANS § 1863 1 See References in Text note below. Secretary shall select that tribally controlled postsecondary career and technical institution under subsection (a)(1) to receive funding under this section. (2) Institutions The two tribally controlled postsecondary career and technical institutions referred to in paragraph (1) are— (A) the United Tribes Technical College; and (B) the Navajo Technical College. (c) Method of payment For each applicable fiscal year, the Secretary shall provide funding under this section to each tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) in a lump sum payment for the fiscal year. (d) Distribution (1) In general For fiscal year 2009 and each fiscal year thereafter, of amounts made available pursu- ant to section 1864 of this title, the Secretary shall distribute to each tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) an amount equal to the greater of— (A) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 2006; or (B) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 2008. (2) Excess amounts If, for any fiscal year, the amount made available pursuant to section 1864 of this title exceeds the sum of the amounts required to be distributed under paragraph (1) to the tribally controlled postsecondary career and technical institutions selected for the fiscal year under subsection (a)(1), the Secretary shall dis- tribute to each tribally controlled postsec- ondary career and technical institution se- lected for that fiscal year a portion of the ex- cess amount, to be determined by— (A) dividing the excess amount by the ag- gregate Indian student count (as defined in section 2327(h) of title 20) of such institu- tions for the prior academic year; and (B) multiplying the quotient described in subparagraph (A) by the Indian student count of each such institution for the prior academic year. (Pub. L. 95–471, title V, § 502, as added Pub. L. 110–315, title IX, § 941(j)(1), Aug. 14, 2008, 122 Stat. 3463.) § 1863. Applicability of other laws (a) In general Paragraphs (4) and (8) of subsection (a), and subsection (b), of section 1801 of this title, sec- tions 1805, 1808, 1811, 1812 and 1813 of this title, subchapters II and III of this chapter, and title II 1 shall not apply to this subchapter. (b) Indian self-determination and education as- sistance Funds made available pursuant to this sub- chapter shall be subject to the Indian Self-De- termination and Education Assistance Act (25 U.S.C. 450 et seq.).1 (c) Election to receive A tribally controlled postsecondary career and technical institution selected for a fiscal year under section 1862(b) of this title may elect to receive funds pursuant to section 1862 of this title in accordance with an agreement between the tribally controlled postsecondary career and technical institution and the Secretary under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)1 if the agreement is in existence on August 14, 2008. (d) Other assistance Eligibility for, or receipt of, assistance under this subchapter shall not preclude the eligibility of a tribally controlled postsecondary career and technical institution to receive Federal finan- cial assistance under— (1) any program under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); (2) any program under the Carl D. Perkins Career and Technical Education Act of 2006 [20 U.S.C. 2301 et seq.]; or (3) any other applicable program under which a benefit is provided for— (A) institutions of higher education; (B) community colleges; or (C) postsecondary educational institu- tions. (Pub. L. 95–471, title V, § 503, as added Pub. L. 110–315, title IX, § 941(j)(1), Aug. 14, 2008, 122 Stat. 3464.) Editorial Notes REFERENCES IN TEXT Title II, referred to in subsec. (a), is title II of Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1329, known as the Nav- ajo Community College Assistance Act of 1978, which enacted former section 640c–1 of this title, amended former section 640c of this title, and enacted provisions set out as notes under former sections 640a and 640c–1 of this title. The Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.), referred to in subsecs. (b) and (c), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial re- classification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. The Higher Education Act of 1965, referred to in sub- sec. (d)(1), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (d)(2), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables. Page 388 TITLE 25—INDIANS § 1864 1 So in original. Probably should be capitalized. § 1864. Authorization of appropriations There are authorized to be appropriated such sums as are necessary for fiscal year 2009 and each fiscal year thereafter to carry out this sub- chapter. (Pub. L. 95–471, title V, § 504, as added Pub. L. 110–315, title IX, § 941(j)(1), Aug. 14, 2008, 122 Stat. 3465.) CHAPTER 21—INDIAN CHILD WELFARE Sec. 1901. Congressional findings. 1902. Congressional declaration of policy. 1903. Definitions. SUBCHAPTER I—CHILD CUSTODY PROCEEDINGS 1911. Indian tribe jurisdiction over Indian child custody proceedings. 1912. Pending court proceedings. 1913. Parental rights; voluntary termination. 1914. Petition to court of competent jurisdiction to invalidate action upon showing of certain violations. 1915. Placement of Indian children. 1916. Return of custody. 1917. Tribal affiliation information and other infor- mation for protection of rights from tribal relationship; application of subject of adop- tive placement; disclosure by court. 1918. Reassumption of jurisdiction over child cus- tody proceedings. 1919. Agreements between States and Indian tribes. 1920. Improper removal of child from custody; dec- lination of jurisdiction; forthwith return of child: danger exception. 1921. Higher State or Federal standard applicable to protect rights of parent or Indian custo- dian of Indian child. 1922. Emergency removal or placement of child; termination; appropriate action. 1923. Effective date. SUBCHAPTER II—INDIAN CHILD AND FAMILY PROGRAMS 1931. Grants for on or near reservation programs and child welfare codes. 1932. Grants for off-reservation programs for addi- tional services. 1933. Funds for on and off reservation programs. 1934. ‘‘Indian’’ defined for certain purposes. SUBCHAPTER III—RECORDKEEPING, INFORMATION AVAILABILITY, AND TIMETABLES 1951. Information availability to and disclosure by Secretary. 1952. Rules and regulations. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 1961. Locally convenient day schools. 1962. Copies to the States. 1963. Severability. § 1901. Congressional findings Recognizing the special relationship between the United States and the Indian tribes and their members and the Federal responsibility to Indian people, the Congress finds— (1) that clause 3, section 8, article I of the United States Constitution provides that ‘‘The Congress shall have Power * * * To regulate Commerce * * * with Indian tribes 1’’ and, through this and other constitutional author- ity, Congress has plenary power over Indian affairs; (2) that Congress, through statutes, treaties, and the general course of dealing with Indian tribes, has assumed the responsibility for the protection and preservation of Indian tribes and their resources; (3) that there is no resource that is more vital to the continued existence and integrity of Indian tribes than their children and that the United States has a direct interest, as trustee, in protecting Indian children who are members of or are eligible for membership in an Indian tribe; (4) that an alarmingly high percentage of In- dian families are broken up by the removal, often unwarranted, of their children from them by nontribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions; and (5) that the States, exercising their recog- nized jurisdiction over Indian child custody proceedings through administrative and judi- cial bodies, have often failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and families. (Pub. L. 95–608, § 2, Nov. 8, 1978, 92 Stat. 3069.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 95–608, § 1, Nov. 8, 1987, 92 Stat. 3069, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Indian Child Welfare Act of 1978’.’’ § 1902. Congressional declaration of policy The Congress hereby declares that it is the policy of this Nation to protect the best inter- ests of Indian children and to promote the sta- bility and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture, and by providing for assistance to Indian tribes in the operation of child and family service pro- grams. (Pub. L. 95–608, § 3, Nov. 8, 1978, 92 Stat. 3069.) § 1903. Definitions For the purposes of this chapter, except as may be specifically provided otherwise, the term— (1) ‘‘child custody proceeding’’ shall mean and include— (i) ‘‘foster care placement’’ which shall mean any action removing an Indian child from its parent or Indian custodian for tem- porary placement in a foster home or insti- tution or the home of a guardian or conser- vator where the parent or Indian custodian cannot have the child returned upon de- mand, but where parental rights have not been terminated; (ii) ‘‘termination of parental rights’’ which shall mean any action resulting in the ter- mination of the parent-child relationship; (iii) ‘‘preadoptive placement’’ which shall mean the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; and