25 U.S.C. § 5411 — Definitions

Page 788 TITLE 25—INDIANS § 5397 Subchapter I of this chapter, referred to in subsec. (b), was in the original ‘‘title I’’, meaning title I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to subchapter I (§ 5321 et seq.) of this chapter. For complete classification of title I to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 458aaa–15 of this title prior to editorial reclassification and re- numbering as this section. § 5397. Regulations (a) In general (1) Promulgation Not later than 90 days after August 18, 2000, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to nego- tiate and promulgate such regulations as are necessary to carry out this subchapter. (2) Publication of proposed regulations Proposed regulations to implement this sub- chapter shall be published in the Federal Reg- ister by the Secretary no later than 1 year after August 18, 2000. (3) Expiration of authority The authority to promulgate regulations under paragraph (1) shall expire 21 months after August 18, 2000. (b) Committee (1) In general A negotiated rulemaking committee estab- lished pursuant to section 565 of title 5 to carry out this section shall have as its mem- bers only Federal and tribal government rep- resentatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this chapter. (2) Requirements The committee shall confer with, and ac- commodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members. (c) Adaptation of procedures The Secretary shall adapt the negotiated rule- making procedures to the unique context of self- governance and the government-to-government relationship between the United States and In- dian tribes. (d) Effect The lack of promulgated regulations shall not limit the effect of this subchapter. (e) Effect of circulars, policies, manuals, guid- ances, and rules Unless expressly agreed to by the partici- pating Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Indian Health Service, except for the eligibility provi- sions of section 5324(g) of this title and regula- tions promulgated under this section. (Pub. L. 93–638, title V, § 517, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determina- tion and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 458aaa–16 of this title prior to editorial reclassification and re- numbering as this section. § 5398. Appeals In any appeal (including civil actions) involv- ing decisions made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by clear and con- vincing evidence— (1) the validity of the grounds for the deci- sion made; and (2) that the decision is fully consistent with provisions and policies of this subchapter. (Pub. L. 93–638, title V, § 518, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.) Editorial Notes CODIFICATION Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and re- numbering as this section. § 5399. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary to carry out this sub- chapter. (b) Availability of appropriations Notwithstanding any other provision of this chapter, the provision of funds under this chap- ter shall be subject to the availability of appro- priations and the Secretary is not required to reduce funding for programs, projects, or activi- ties serving a tribe in order to make funds avail- able to another tribe or tribal organization under this chapter. (Pub. L. 93–638, title V, § 519, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 731.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determina- tion and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 458aaa–18 of this title prior to editorial reclassification and re- numbering as this section. SUBCHAPTER VI—INDIAN LAW ENFORCEMENT FOUNDATION § 5411. Definitions In this subchapter: Page 789 TITLE 25—INDIANS § 5412 (1) Board The term ‘‘Board’’ means the Board of Direc- tors of the Foundation. (2) Bureau The term ‘‘Bureau’’ means the Office of Jus- tice Services of the Bureau of Indian Affairs. (3) Committee The term ‘‘Committee’’ means the Com- mittee for the Establishment of the Indian Law Enforcement Foundation established under section 5412(e)(1) of this title. (4) Foundation The term ‘‘Foundation’’ means the Indian Law Enforcement Foundation established under section 5412 of this title. (5) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (Pub. L. 93–638, title VII, § 701, as added Pub. L. 111–211, title II, § 231(c), July 29, 2010, 124 Stat. 2274.) Editorial Notes CODIFICATION Section was formerly classified to section 458ccc of this title prior to editorial reclassification and renum- bering as this section. § 5412. Indian Law Enforcement Foundation (a) Establishment (1) In general As soon as practicable after July 29, 2010, the Secretary shall establish, under the laws of the District of Columbia and in accordance with this subchapter, a foundation, to be known as the ‘‘Indian Law Enforcement Foun- dation’’. (2) Funding determinations No funds, gift, property, or other item of value (including any interest accrued on such an item) acquired by the Foundation shall— (A) be taken into consideration for pur- poses of determining Federal appropriations relating to the provision of public safety or justice services to Indians; or (B) otherwise limit, diminish, or affect the Federal responsibility for the provision of public safety or justice services to Indians. (b) Nature of corporation The Foundation— (1) shall be a charitable and nonprofit feder- ally chartered corporation; and (2) shall not be an agency or instrumentality of the United States. (c) Place of incorporation and domicile The Foundation shall be incorporated and domiciled in the District of Columbia. (d) Duties The Foundation shall— (1) encourage, accept, and administer, in ac- cordance with the terms of each donation, pri- vate gifts of real and personal property, and any income from or interest in such gifts, for the benefit of, or in support of, public safety and justice services in American Indian and Alaska Native communities; and (2) assist the Office of Justice Services of the Bureau of Indian Affairs and Indian tribal gov- ernments in funding and conducting activities and providing education to advance and sup- port the provision of public safety and justice services in American Indian and Alaska Na- tive communities. (e) Committee for the Establishment of the In- dian Law Enforcement Foundation (1) In general The Secretary shall establish a committee, to be known as the ‘‘Committee for the Estab- lishment of the Indian Law Enforcement Foundation’’, to assist the Secretary in estab- lishing the Foundation. (2) Duties Not later than 180 days after July 29, 2010, the Committee shall— (A) carry out such activities as are nec- essary to incorporate the Foundation under the laws of the District of Columbia, includ- ing acting as incorporators of the Founda- tion; (B) ensure that the Foundation qualifies for and maintains the status required to carry out this section, until the date on which the Board is established; (C) establish the constitution and initial bylaws of the Foundation; (D) provide for the initial operation of the Foundation, including providing for tem- porary or interim quarters, equipment, and staff; and (E) appoint the initial members of the Board in accordance with the constitution and initial bylaws of the Foundation. (f) Board of Directors (1) In general The Board of Directors shall be the gov- erning body of the Foundation. (2) Powers The Board may exercise, or provide for the exercise of, the powers of the Foundation. (3) Selection (A) In general Subject to subparagraph (B), the number of members of the Board, the manner of se- lection of the members (including the filling of vacancies), and the terms of office of the members shall be as provided in the con- stitution and bylaws of the Foundation. (B) Requirements (i) Number of members The Board shall be composed of not less than 7 members. (ii) Initial voting members The initial voting members of the Board— (I) shall be appointed by the Com- mittee not later than 180 days after the date on which the Foundation is estab- lished; and