25 U.S.C. § 2021 — Definitions

Page 432 TITLE 25—INDIANS § 2021 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2021. Definitions For the purposes of this chapter, unless other- wise specified: (1) Agency school board The term ‘‘agency school board’’ means a body— (A) the members of which are appointed by all of the school boards of the schools lo- cated within an agency, including schools operated under contract or grant; and (B) the number of such members is deter- mined by the Secretary, in consultation with the affected tribes; except that, in agencies serving a single school, the school board of such school shall fulfill these duties, and in agencies having schools or a school operated under contract or grant, one such member at least shall be from such a school. (2) Bureau The term ‘‘Bureau’’ means the Bureau of In- dian Affairs of the Department of the Interior. (3) Bureau-funded school The term ‘‘Bureau-funded school’’ means— (A) a Bureau school; (B) a contract or grant school; or (C) a school for which assistance is pro- vided under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.]. (4) Bureau school The term ‘‘Bureau school’’ means a Bureau- operated elementary or secondary day or boarding school or a Bureau-operated dor- mitory for students attending a school other than a Bureau school. (5) Complementary educational facilities The term ‘‘complementary educational fa- cilities’’ means educational program func- tional spaces such as libraries, gymnasiums, and cafeterias. (6) Contract or grant school The term ‘‘contract or grant school’’ means an elementary school, secondary school, or dormitory that receives financial assistance for its operation under a contract, grant, or agreement with the Bureau under section 5321, 5322(a), or 5352 of this title, or under the Trib- ally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.]. (7) Director The term ‘‘Director’’ means the Director of the Office of Indian Education Programs. (8) Education line officer The term ‘‘education line officer’’ means a member of the education personnel under the supervision of the Director of the Office, whether located in a central, area, or agency office. (9) Family literacy services The term ‘‘family literacy services’’ has the meaning given that term in section 7801 of title 20. (10) Financial plan The term ‘‘financial plan’’ means a plan of services provided by each Bureau school. (11) Indian organization The term ‘‘Indian organization’’ means any group, association, partnership, corporation, or other legal entity owned or controlled by a federally recognized Indian tribe or tribes, or a majority of whose members are members of federally recognized tribes. (12) Inherently Federal functions The term ‘‘inherently Federal functions’’ means functions and responsibilities which, under section 2006(c) of this title, are non- contractable, including— (A) the allocation and obligation of Fed- eral funds and determinations as to the amounts of expenditures; (B) the administration of Federal per- sonnel laws for Federal employees; (C) the administration of Federal con- tracting and grant laws, including the moni- toring and auditing of contracts and grants in order to maintain the continuing trust, programmatic, and fiscal responsibilities of the Secretary; (D) the conducting of administrative hear- ings and deciding of administrative appeals; (E) the determination of the Secretary’s views and recommendations concerning ad- ministrative appeals or litigation and the representation of the Secretary in adminis- trative appeals and litigation; (F) the issuance of Federal regulations and policies as well as any documents published in the Federal Register; (G) reporting to Congress and the Presi- dent; (H) the formulation of the Secretary’s and the President’s policies and their budgetary and legislative recommendations and views; and (I) the nondelegable statutory duties of the Secretary relating to trust resources. (13) Local educational agency The term ‘‘local educational agency’’ means a board of education or other legally con- stituted local school authority having admin- istrative control and direction of free public education in a county, township, or inde- pendent or other school district located within a State, and includes any State agency that directly operates and maintains facilities for providing free public education. (14) Local school board The term ‘‘local school board’’, when used with respect to a Bureau school, means a body chosen in accordance with the laws of the tribe to be served or, in the absence of such laws, elected by the parents of the Indian chil- dren attending the school, except that, for a school serving a substantial number of stu- dents from different tribes— Page 433 TITLE 25—INDIANS § 2021 (A) the members of the body shall be ap- pointed by the tribal governing bodies of the tribes affected; and (B) the number of such members shall be determined by the Secretary in consultation with the affected tribes. (15) Office The term ‘‘Office’’ means the Office of In- dian Education Programs within the Bureau. (16) Regulation (A) In general The term ‘‘regulation’’ means any part of a statement of general or particular applica- bility of the Secretary designed to carry out, interpret, or prescribe law or policy in car- rying out this Act. (B) Rule of construction Nothing in subparagraph (A) or any other provision of this chapter shall be construed to prohibit the Secretary from issuing guid- ance, internal directives, or other docu- ments similar to the documents found in the Indian Affairs Manual of the Bureau of In- dian Affairs. (17) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (18) Supervisor The term ‘‘supervisor’’ means the individual in the position of ultimate authority at a Bu- reau school. (19) Tribal governing body The term ‘‘tribal governing body’’ means, with respect to any school, the tribal gov- erning body, or tribal governing bodies, that represent at least 90 percent of the students served by such school. (20) Tribe The term ‘‘tribe’’ means any Indian tribe, band, nation, or other organized group or com- munity, including an Alaska Native Regional Corporation or Village Corporation (as defined in or established pursuant to the Alaska Na- tive Claims Settlement Act [43 U.S.C. 1601 et seq.]), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their sta- tus as Indians. (Pub. L. 95–561, title XI, § 1141, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2061; amended Pub. L. 114–95, title IX, § 9215(cc)(2), Dec. 10, 2015, 129 Stat. 2173.) Editorial Notes REFERENCES IN TEXT The Tribally Controlled Schools Act of 1988, referred to in pars. (3)(C) and (6), is part B (§ 5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as amended, which is classified generally to chapter 27 (§ 2501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables. This Act, referred to in par. (16)(A), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education Amendments of 1978. For complete clas- sification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 6301 of Title 20, Education, and Tables. This chapter, referred to in par. (16)(B), was in the original ‘‘this title’’, meaning title XI (§ 1101 et seq.) of Pub. L. 95–561, as amended, which is classified prin- cipally to this chapter. For complete classification of title XI to the Code, see Tables. The Alaska Native Claims Settlement Act, referred to in par. (20), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chap- ter 33 (§ 1601 et seq.) of Title 43, Public Lands. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Ta- bles. PRIOR PROVISIONS A prior section 2021, Pub. L. 95–561, title XI, § 1141, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4012, related to proration of pay, prior to the gen- eral amendment of this chapter by Pub. L. 107–110. See section 2012 of this title. Another prior section 2021, Pub. L. 95–561, title XI, § 1140A, formerly § 1141, as added Pub. L. 98–511, title V, § 512, Oct. 19, 1984, 98 Stat. 2398; renumbered § 1140A and amended Pub. L. 99–89, § 9(a)(1), (b), Aug. 15, 1985, 99 Stat. 383, related to proration of pay, prior to the gen- eral amendment of this chapter by Pub. L. 103–382. A prior section 2022, Pub. L. 95–561, title XI, § 1142, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4012, related to extracurricular activities, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2012 of this title. Another prior section 2022 and prior sections 2022a and 2022b were omitted in the general amendment of this chapter by Pub. L. 103–382. Section 2022, Pub. L. 95–561, title XI, § 1140B, formerly § 1142, as added Pub. L. 98–511, title V, § 512, Oct. 19, 1984, 98 Stat. 2398; renumbered § 1140B, and amended Pub. L. 99–89, § 9(a)(1), (c), Aug. 15, 1985, 99 Stat. 383, related to extracurricular activities. Section 2022a, Pub. L. 95–561, title XI, § 1141, as added Pub. L. 100–297, title V, § 5116(2), Apr. 28, 1988, 102 Stat. 381, related to early childhood development program. Section 2022b, Pub. L. 95–561, title XI, § 1142, as added Pub. L. 100–297, title V, § 5119, Apr. 28, 1988, 102 Stat. 383, related to tribal departments of education. A prior section 2023, Pub. L. 95–561, title XI, § 1143, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4012; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1607(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–335, related to early childhood development pro- gram, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2019 of this title. Another prior section 2023, Pub. L. 95–561, title XI, § 1143, as added Pub. L. 98–511, title V, § 512, Oct. 19, 1984, 98 Stat. 2398, related to employee housing, rental rates, and waiver of rentals during non-session periods and non-pay status, prior to repeal by Pub. L. 99–89, § 9(a)(2), Aug. 15, 1985, 99 Stat. 383. Prior sections 2024 to 2026 were omitted in the general amendment of this chapter by Pub. L. 107–110. Section 2024, Pub. L. 95–561, title XI, § 1144, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4013; amended Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828, related to tribal departments of education. See section 2020 of this title. Section 2025, Pub. L. 95–561, title XI, § 1145, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4015, related to payments to grantees. Section 2026, Pub. L. 95–561, title XI, § 1146, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4015; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1607(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–335, defined terms. See section 2021 of this title. AMENDMENTS 2015—Par. (9). Pub. L. 114–95 made technical amend- ment to reference in original act which appears in text as reference to section 7801 of title 20. Page 434 TITLE 25—INDIANS § 2101 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. CHAPTER 23—DEVELOPMENT OF TRIBAL MINERAL RESOURCES Sec. 2101. Definitions. 2102. Minerals Agreements. 2103. Secretary’s determination on Minerals Agree- ments. 2104. Secretary’s review of prior Minerals Agree- ments. 2105. Effect of other provisions. 2106. Assistance to tribes or individuals during Minerals Agreement negotiations. 2107. Regulations; consultation with Indian organi- zations; pending agreements. 2108. Tribal right to develop mineral resources. § 2101. Definitions For the purposes of this chapter, the term— (1) ‘‘Indian’’ means any individual Indian or Alaska Native who owns land or interests in land the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; (2) ‘‘Indian tribe’’ means any Indian tribe, band, nation, pueblo, community, rancheria, colony, or other group which owns land or in- terests in land title to which is held in trust by the United States or is subject to a restric- tion against alienation imposed by the United States; and (3) ‘‘Secretary’’ means the Secretary of the Interior. (Pub. L. 97–382, § 2, Dec. 22, 1982, 96 Stat. 1938.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 97–382, § 1, Dec. 22, 1982, 96 Stat. 1938, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Indian Mineral Development Act of 1982’.’’ § 2102. Minerals Agreements (a) Authorization for tribes; approval by Sec- retary Any Indian tribe, subject to the approval of the Secretary and any limitation or provision contained in its constitution or charter, may enter into any joint venture, operating, produc- tion sharing, service, managerial, lease or other agreement, or any amendment, supplement or other modification of such agreement (herein- after referred to as a ‘‘Minerals Agreement’’) providing for the exploration for, or extraction, processing, or other development of, oil, gas, uranium, coal, geothermal, or other energy or nonenergy mineral resources (hereinafter re- ferred to as ‘‘mineral resources’’) in which such Indian tribe owns a beneficial or restricted in- terest, or providing for the sale or other disposi- tion of the production or products of such min- eral resources. (b) Inclusion of individual holdings; approval by parties and Secretary Any Indian owning a beneficial or restricted interest in mineral resources may include such resources in a tribal Minerals Agreement sub- ject to the concurrence of the parties and a find- ing by the Secretary that such participation is in the best interest of the Indian. (Pub. L. 97–382, § 3, Dec. 22, 1982, 96 Stat. 1938.) § 2103. Secretary’s determination on Minerals Agreements (a) Time; enforcement The Secretary shall approve or disapprove any Minerals Agreement submitted to him for ap- proval within (1) one hundred and eighty days after submission or (2) sixty days after compli- ance, if required, with section 4332(2)(C) of title 42 or any other requirement of Federal law, whichever is later. Any party to such an agree- ment may enforce the provisions of this sub- section pursuant to section 1361 of title 28. (b) Factors for consideration; extent of required study In approving or disapproving a Minerals Agreement, the Secretary shall determine if it is in the best interest of the Indian tribe or of any individual Indian who may be party to such agreement and shall consider, among other things, the potential economic return to the tribe; the potential environmental, social, and cultural effects on the tribe; and provisions for resolving disputes that may arise between the parties to the agreement: Provided, That the Secretary shall not be required to prepare any study regarding environmental, socioeconomic, or cultural effects of the implementation of a Minerals Agreement apart from that which may be required under section 4332(2)(C) of title 42. (c) Prior notice of proposed finding; privileged information Not later than thirty days prior to formal ap- proval or disapproval of any Minerals Agree- ment, the Secretary shall provide written find- ings forming the basis of his intent to approve or disapprove such agreement to the affected In- dian tribe. Notwithstanding any other law, such findings and all projections, studies, data or other information possessed by the Department of the Interior regarding the terms and condi- tions of the Minerals Agreement, the financial return to the Indian parties thereto, or the ex- tent, nature, value or disposition of the Indian mineral resources, or the production, products or proceeds thereof, shall be held by the Depart- ment of the Interior as privileged proprietary information of the affected Indian or Indian tribe. (d) Delegation; final action; appeal; burden on Secretary The authority to disapprove agreements under this section may only be delegated to the Assist-