25 U.S.C. § 1685 — Service of traditional foods in public fa-

Page 358 TITLE 25—INDIANS § 1685 1 See References in Text note below. § 1685. Service of traditional foods in public fa- cilities (a) Purposes The purposes of this section are— (1) to provide access to traditional foods in food service programs; (2) to encourage increased consumption of traditional foods to decrease health disparities among Indians, particularly Alaska Natives; and (3) to provide alternative food options for food service programs. (b) Definitions In this section: (1) Alaska Native The term ‘‘Alaska Native’’ means a person who is a member of any Native village, Village Corporation, or Regional Corporation (as those terms are defined in section 1602 of title 43). (2) Commissioner The term ‘‘Commissioner’’ means the Com- missioner of Food and Drugs. (3) Food service program The term ‘‘food service program’’ includes— (A) food service at residential child care facilities that have a license from an appro- priate State agency; (B) any child nutrition program (as that term is defined in section 1769f(b) of title 42); (C) food service at hospitals, clinics, and long-term care facilities; and (D) senior meal programs. (4) Indian; Indian tribe The terms ‘‘Indian’’ and ‘‘Indian tribe’’ have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).1 (5) Traditional food (A) In general The term ‘‘traditional food’’ means food that has traditionally been prepared and consumed by an Indian tribe. (B) Inclusions The term ‘‘traditional food’’ includes— (i) wild game meat; (ii) fish; (iii) seafood; (iv) marine mammals; (v) plants; and (vi) berries. (6) Tribal organization The term ‘‘tribal organization’’ has the meaning given the term in section 4 of the In- dian Self-Determination and Education Assist- ance Act (25 U.S.C. 450b).1 (c) Program The Secretary and the Commissioner shall allow the donation to and serving of traditional food through food service programs at public fa- cilities and nonprofit facilities, including facili- ties operated by Indian tribes and facilities op- erated by tribal organizations, that primarily serve Indians if the operator of the food service program— (1) ensures that the food is received whole, gutted, gilled, as quarters, or as a roast, with- out further processing; (2) makes a reasonable determination that— (A) the animal was not diseased; (B) the food was butchered, dressed, trans- ported, and stored to prevent contamination, undesirable microbial growth, or deteriora- tion; and (C) the food will not cause a significant health hazard or potential for human illness; (3) carries out any further preparation or processing of the food at a different time or in a different space from the preparation or proc- essing of other food for the applicable program to prevent cross-contamination; (4) cleans and sanitizes food-contact surfaces of equipment and utensils after processing the traditional food; (5) labels donated traditional food with the name of the food; (6) stores the traditional food separately from other food for the applicable program, in- cluding through storage in a separate freezer or refrigerator or in a separate compartment or shelf in the freezer or refrigerator; (7) follows Federal, State, local, county, tribal, or other non-Federal law regarding the safe preparation and service of food in public or nonprofit facilities; and (8) follows other such criteria as established by the Secretary and Commissioner. (d) Liability (1) In general The United States, an Indian tribe, a tribal organization, a State, a county or county equivalent, a local educational agency, and an entity or person authorized to facilitate the donation, storage, preparation, or serving of traditional food by the operator of a food serv- ice program shall not be liable in any civil ac- tion for any damage, injury, or death caused to any person by the donation to or storage, preparation, or serving of traditional foods through food service programs. (2) Rule of construction Nothing in paragraph (1) alters any liability or other obligation of the United States under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 1450 et seq.).1 (Pub. L. 113–79, title IV, § 4033, Feb. 7, 2014, 128 Stat. 818; Pub. L. 115–334, title IV, § 4203, Dec. 20, 2018, 132 Stat. 4656.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act, referred to in subsecs. (b)(4), (6) and (d)(2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was clas- sified principally to subchapter II (§ 450 et seq.) of chap- ter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. Section 4 of the Act was classified to section 450b of this title prior to editorial reclassification as section 5304 of this title. For complete classification of this Act to the Code, see Page 359 TITLE 25—INDIANS § 1706 Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was enacted as part of the Agricultural Act of 2014, and not as part of the Indian Health Care Im- provement Act which comprises this chapter. Section was formerly classified to section 443d of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2018—Subsec. (d)(1). Pub. L. 115–334 substituted ‘‘a tribal organization, a State, a county or county equiva- lent, a local educational agency, and an entity or per- son authorized to facilitate the donation, storage, prep- aration, or serving of traditional food by the operator of a food service program’’ for ‘‘and a tribal organiza- tion’’ and ‘‘donation to or storage, preparation, or serv- ing of traditional foods’’ for ‘‘donation to or serving of traditional foods’’. CHAPTER 19—INDIAN LAND CLAIMS SETTLEMENTS SUBCHAPTER I—RHODE ISLAND INDIAN CLAIMS SETTLEMENT Sec. 1701 to 1716. Omitted. SUBCHAPTER II—MAINE INDIAN CLAIMS SETTLEMENT 1721 to 1735. Omitted. SUBCHAPTER III—FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT 1741 to 1750e. Omitted. SUBCHAPTER IV—CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT 1751 to 1760. Omitted. SUBCHAPTER V—MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT 1771 to 1771i. Omitted. SUBCHAPTER VI—FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT 1772 to 1772g. Omitted. SUBCHAPTER VII—WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT 1773 to 1773j. Omitted. SUBCHAPTER VIII—SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT 1774 to 1774h. Omitted. SUBCHAPTER IX—MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT 1775 to 1775h. Omitted. SUBCHAPTER X—CROW LAND CLAIMS SETTLEMENT 1776 to 1776k. Omitted. SUBCHAPTER XI—SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT 1777 to 1777e. Omitted. SUBCHAPTER XII—TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT 1778 to 1778h. Omitted. SUBCHAPTER XIII—CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT 1779 to 1779g. Omitted. SUBCHAPTER XIV—PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT 1780 to 1780p. Omitted. Sec. Editorial Notes CODIFICATION This chapter, comprised of sections 1701 to 1780p of this title, relating to settlement of the land claims of certain Indian tribes, was omitted from the Code as being of special and not general application. SUBCHAPTER I—RHODE ISLAND INDIAN CLAIMS SETTLEMENT PART A—GENERAL PROVISIONS § 1701. Omitted Editorial Notes CODIFICATION Section, Pub. L. 95–395, § 2, Sept. 30, 1978, 92 Stat. 813, which set out congressional findings and declaration of policy, was omitted from the Code as being of special and not general application. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 95–395, § 1, Sept. 30, 1978, 92 Stat. 813, provided that Pub. L. 95–395, enacting this subchapter, could be cited as the ‘‘Rhode Island Indian Claims Settlement Act’’. § 1702. Omitted Editorial Notes CODIFICATION Section, Pub. L. 95–395, § 3, Sept. 30, 1978, 92 Stat. 813, which set out definitions for this subchapter, was omit- ted from the Code as being of special and not general application. § 1703. Omitted Editorial Notes CODIFICATION Section, Pub. L. 95–395, § 4, Sept. 30, 1978, 92 Stat. 814, which established the Rhode Island Indian Claims Set- tlement Fund, was omitted from the Code as being of special and not general application. § 1704. Omitted Editorial Notes CODIFICATION Section, Pub. L. 95–395, § 5, Sept. 30, 1978, 92 Stat. 814, which related to option agreements to purchase private settlement lands, was omitted from the Code as being of special and not general application. § 1705. Omitted Editorial Notes CODIFICATION Section, Pub. L. 95–395, § 6, Sept. 30, 1978, 92 Stat. 815, which related to publication of findings as to whether the State of Rhode Island had satisfied the conditions set forth in section 1706 of this title and consequences of such publication, was omitted from the Code as being of special and not general application. § 1706. Omitted Editorial Notes CODIFICATION Section, Pub. L. 95–395, § 7, Sept. 30, 1978, 92 Stat. 816, which provided that section 1705 of this title would not