r/title-25-INDIANS wiki — defined terms
The statute’s own glossary: every term Title 25 defines, in section order.
“consultation” applies in that section
the term “consultation” means a process involving the open discussion and joint deliberation of all options with respect to potential issues or changes between the Bureau and all interested parties. (B) Discussion and joint deliberation During discussions and joint deliberations, interested parties (including tribes and school officials) shall be given an opportunity— (i) to present issues (including proposals regarding changes in current practices or programs) that will be considered for future action by the Secretary; and (ii) to participate and discuss the options presented, or to present alternatives, with the views and concerns of the interested parties given effect unless the …
“education position” applies in that section
the terms “educator” and “education position” have the meanings contained in paragraphs (1) and (2) of subsection ( o ). (n) Extracurricular activities (1) Stipend (A) In general Notwithstanding any other provision of law, the Secretary may provide, for each Bureau area, a stipend in lieu of overtime premium pay or compensatory time off. (B) Provision to employees Any employee of the Bureau who performs additional activities to provide services to students or otherwise support the school’s academic and social programs may elect to be compensated for all such work on the basis of the stipend. (C) Nature of stipend Such stipend shall be paid as a supplement to the employee’s base pay.
“educator” applies in that section
the terms “educator” and “education position” have the meanings contained in paragraphs (1) and (2) of subsection ( o ). (n) Extracurricular activities (1) Stipend (A) In general Notwithstanding any other provision of law, the Secretary may provide, for each Bureau area, a stipend in lieu of overtime premium pay or compensatory time off. (B) Provision to employees Any employee of the Bureau who performs additional activities to provide services to students or otherwise support the school’s academic and social programs may elect to be compensated for all such work on the basis of the stipend. (C) Nature of stipend Such stipend shall be paid as a supplement to the employee’s base pay.
“Indian preference laws” applies in that section
The term “Indian preference laws” means section 5116 of this title or any other provision of law granting a preference to Indians in promotions and other personnel actions. (ii) Exclusion The term “Indian preference laws” does not include section 5307(b) of this title . (B) Tribal organization
“tribal organization” applies in that section
The term “tribal organization” means— (i) the recognized governing body of any Indian tribe, band, nation, pueblo, or other organized community, including a Native village (as defined in section 1602(c) of title 43 ); or (ii) in connection with any personnel action referred to in this subsection, any local school board to which the governing body has delegated the authority to grant a waiver under this subsection with respect to a personnel action.
“agency school board” applies throughout its chapter
The term “agency school board” means a body— (A) the members of which are appointed by all of the school boards of the schools located within an agency, including schools operated under contract or grant; and (B) the number of such members is determined 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
“Bureau” applies throughout its chapter
The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior. (3) Bureau-funded school
“Bureau school” applies throughout its chapter
The term “Bureau school” means a Bureau-operated elementary or secondary day or boarding school or a Bureau-operated dormitory for students attending a school other than a Bureau school. (5) Complementary educational facilities
“Bureau-funded school” applies throughout its chapter
The term “Bureau-funded school” means— (A) a Bureau school; (B) a contract or grant school; or (C) a school for which assistance is provided under the Tribally Controlled Schools Act of 1988 [ 25 U.S.C. 2501 et seq.]. (4) Bureau school
“complementary educational facilities” applies throughout its chapter
The term “complementary educational facilities” means educational program functional spaces such as libraries, gymnasiums, and cafeterias. (6) Contract or grant school
“contract or grant school” applies throughout its chapter
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 Tribally Controlled Schools Act of 1988 [ 25 U.S.C. 2501 et seq.]. (7) Director
“Director” applies throughout its chapter
The term “Director” means the Director of the Office of Indian Education Programs. (8) Education line officer
“education line officer” applies throughout its chapter
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
“family literacy services” applies throughout its chapter
The term “family literacy services” has the meaning given that term in section 7801 of title 20 . (10) Financial plan
“financial plan” applies throughout its chapter
The term “financial plan” means a plan of services provided by each Bureau school. (11) Indian organization
“Indian organization” applies throughout its chapter
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
“inherently Federal functions” applies throughout its chapter
The term “inherently Federal functions” means functions and responsibilities which, under section 2006(c) of this title , are noncontractable, including— (A) the allocation and obligation of Federal funds and determinations as to the amounts of expenditures; (B) the administration of Federal personnel laws for Federal employees; (C) the administration of Federal contracting and grant laws, including the monitoring 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 hearings and deciding of administrative appeals; (E) the determination of the Secretary’s views and …
“local educational agency” applies throughout its chapter
The term “local educational agency” means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, or independent or other school district located within a State, and includes any State agency that directly operates and maintains facilities for providing free public education.
“Office” applies throughout its chapter
The term “Office” means the Office of Indian Education Programs within the Bureau. (16) Regulation (A) In general
“regulation” applies throughout its chapter
The term “regulation” means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying 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 guidance, internal directives, or other documents similar to the documents found in the Indian Affairs Manual of the Bureau of Indian Affairs. (17) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of the Interior. (18) Supervisor
“supervisor” applies throughout its chapter
The term “supervisor” means the individual in the position of ultimate authority at a Bureau school. (19) Tribal governing body
“tribal governing body” applies throughout its chapter
The term “tribal governing body” means, with respect to any school, the tribal governing body, or tribal governing bodies, that represent at least 90 percent of the students served by such school. (20) Tribe
“tribe” applies throughout its chapter
The term “tribe” means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Regional Corporation or Village Corporation (as defined in or established pursuant to the Alaska Native 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 status as Indians.
“land” applies throughout its chapter
the term “land” means any real property; (8) “person” or “individual” means a natural person; (9) “eligible heirs” means, for purposes of section 2206 of this title , any of a decedent’s children, grandchildren, great grandchildren, full siblings, half siblings by blood, and parents who are— (A) Indian; or (B) lineal descendents within 2 degrees of consanguinity of an Indian; or (C) owners of a trust or restricted interest in a parcel of land for purposes of inheriting by descent, renunciation, or consolidation agreement under section 2206 of this title , another trust or restricted interest in such parcel from the decedent; and (10) “without regard to waste” means, with respect to a life …
“tribal justice system” applies in that section
the term “tribal justice system” has the meaning given that term in section 3602 of this title . (2) Regulations The Secretary by regulation may provide for the use of findings of fact and conclusions of law, as rendered by a tribal justice system, as proposed findings of fact and conclusions of law in the adjudication of probate proceedings by the Department of the Interior.
“covered permanent improvement” applies in that section
the term “covered permanent improvement” means a permanent improvement (including an interest in such an improvement) that is— (i) included in the estate of a decedent; and (ii) attached to a parcel of trust or restricted land that is also, in whole or in part, included in the estate of that decedent.
“Indian reservation” applies in that section
the term “Indian reservation” includes lands located within— (A) (i) Oklahoma; and (ii) the boundaries of an Indian tribe’s former reservation (as defined and determined by the Secretary); (B) the boundaries of any Indian tribe’s current or former reservation; or (C) any area where the Secretary is required to provide special assistance or consideration of a tribe’s acquisition of land or interests in land.
“allotted land” applies in that section
the term “allotted land” includes any land held in trust or restricted status by the Secretary on behalf of one or more Indians. (b) Applicable percentage (1) Percentage interest The applicable percentage referred to in subsection (a)(1) shall be determined as follows: (A) If there are 5 or fewer owners of the undivided interest in the allotted land, the applicable percentage shall be 90 percent. (B) If there are more than 5 such owners, but fewer than 11 such owners, the applicable percentage shall be 80 percent. (C) If there are more than 10 such owners, but fewer than 20 such owners, the applicable percentage shall be 60 percent.
“owner-managed status” applies in that section
the term “owner-managed status” means, with respect to a trust or restricted interest, that— (A) the interest is a trust or restricted interest in a parcel of land for which applications covering all trust or restricted interests in such parcel have been submitted to and approved by the Secretary pursuant to subsection (d); (B) the interest may be leased without approval of the Secretary pursuant to, and in a manner that is consistent with, the requirements of this section; and (C) no revocation has occurred under subsection (h)(2).
“qualified applicant” applies in that section
the term “qualified applicant” means— (A) a person over the age of 18 who owns a trust or restricted interest in a parcel of land; and (B) the parent or legal guardian of a minor or incompetent person who owns a trust or restricted interest in a parcel of land. (2) For purposes of this section,
“agency” applies throughout its chapter
The term “agency” means the local administrative entity of the Bureau of Indian Affairs serving one or more Indian tribes within a defined geographic area. (2) The term “youth” shall have the meaning given it in any particular Tribal Action Plan adopted pursuant to section 2411 of this title , except that, for purposes of statistical reporting under this chapter, it shall mean a person who is 19 years or younger or who is in attendance at a secondary school.;
“Indian tribe” applies throughout its chapter
The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.)) which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians.;
“prevention and treatment” applies throughout its chapter
The term “prevention and treatment” includes, as appropriate— (A) efforts to identify, and the identification of, Indians who are at risk with respect to, or who are abusers of, alcohol or controlled substances, (B) intervention into cases of on-going alcohol and substance abuse to halt a further progression of such abuse, (C) prevention through education and the provision of alternative activities, (D) treatment for alcohol and substance abusers to help abstain from, and alleviate the effects of, abuse, (E) rehabilitation to provide on-going assistance, either on an inpatient or outpatient basis, to help Indians reform or abstain from alcohol or substance abuse, (F) follow-up or after-care …
“service unit” applies throughout its chapter
The term “service unit” means an administrative entity within the Indian Health Service or a tribe or tribal organization operating health care programs or facilities with funds from the Indian Health Service under the Indian Self-Determination Act [ 25 U.S.C. 5321 et seq.] through which the services are provided, directly or by contract, to the eligible Indian population within a defined geographic area. (6) The terms “Urban Indian”, “Urban Center”, and “Urban Indian Organization” shall have the same meaning as provided in section 1603 of this title .
“school site” applies in that section
the term “school site” means the physical location and the facilities of an elementary or secondary educational or residential program operated by, or under contract or grant with, the Bureau for which a discreet 1 student count is identified under the funding formula established under section 1127 of the Education Amendments of 1978 [ 25 U.S.C. 2007 ].
“Bureau” applies throughout its chapter
The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior. (2) Eligible Indian student
“eligible Indian student” applies throughout its chapter
The term “eligible Indian student” has the meaning given such term in section 2007(f) of this title . (3) Indian
“Indian” applies throughout its chapter
The term “Indian” means a member of an Indian tribe, and includes individuals who are eligible for membership in a tribe, and the child or grandchild of such an individual. (4) Indian tribe
“Indian tribe” applies throughout its chapter
The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Village Corporation or Regional Corporation (as defined in or established pursuant to the Alaska Native 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 status as Indians. (5) Local educational agency
“local educational agency” applies throughout its chapter
The term “local educational agency” means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State or such combination of school districts or counties as are recognized in a State as an administrative agency for the State’s public elementary schools or secondary schools. Such term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school. (6) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of the Interior. (7) Tribal governing body
“tribal governing body” applies throughout its chapter
The term “tribal governing body” means, with respect to any school that receives assistance under this Act, 1 the recognized governing body of the Indian tribe involved. (8) Tribal organization (A) In general
“tribal organization” applies throughout its chapter
The term “tribal organization” means— (i) the recognized governing body of any Indian tribe; or (ii) any legally established organization of Indians that— (I) is controlled, sanctioned, or chartered by such governing body or is democratically elected by the adult members of the Indian community to be served by such organization; and (II) includes the maximum participation of Indians in all phases of the organization’s activities.
“tribally controlled school” applies throughout its chapter
The term “tribally controlled school” means a school that— (A) is operated by an Indian tribe or a tribal organization, enrolling students in kindergarten through grade 12, including a preschool; (B) is not a local educational agency; and (C) is not directly administered by the Bureau of Indian Affairs.
“Attorney General” applies throughout its chapter
The term “Attorney General” means the Attorney General of the United States.;
“Chairman” applies throughout its chapter
The term “Chairman” means the Chairman of the National Indian Gaming Commission.;
“class I gaming” applies throughout its chapter
The term “class I gaming” means social games solely for prizes of minimal value or traditional forms of Indian gaming engaged in by individuals as a part of, or in connection with, tribal ceremonies or celebrations. (7);
“class II gaming” applies throughout its chapter
The term “class II gaming” means— (i) the game of chance commonly known as bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith)— (I) which is played for prizes, including monetary prizes, with cards bearing numbers or other designations, (II) in which the holder of the card covers such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined, and (III) in which the game is won by the first person covering a previously designated arrangement of numbers or designations on such cards, including (if played in the same location) pull-tabs, lotto, punch boards, tip jars, instant bingo, and …
“class III gaming” applies throughout its chapter
The term “class III gaming” means all forms of gaming that are not class I gaming or class II gaming.;
“Commission” applies throughout its chapter
The term “Commission” means the National Indian Gaming Commission established pursuant to section 2704 of this title .;
“Indian lands” applies throughout its chapter
The term “Indian lands” means— (A) all lands within the limits of any Indian reservation; and (B) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental power.;
“Indian tribe” applies throughout its chapter
The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians which— (A) is recognized as eligible by the Secretary for the special programs and services provided by the United States to Indians because of their status as Indians, and (B) is recognized as possessing powers of self-government.;
“net revenues” applies throughout its chapter
The term “net revenues” means gross revenues of an Indian gaming activity less amounts paid out as, or paid for, prizes and total operating expenses, excluding management fees.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of the Interior.
“Branch of Criminal Investigations” applies throughout its chapter
The term “Branch of Criminal Investigations” means the entity the Secretary is required to establish within the Office of Justice Services under section 2802(d)(1) of this title .;
“Bureau” applies throughout its chapter
The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior.;
“employee of the Bureau” applies throughout its chapter
The term “employee of the Bureau” includes an officer of the Bureau.;
“enforcement of a law” applies throughout its chapter
The term “enforcement of a law” includes the prevention, detection, and investigation of an offense and the detention or confinement of an offender.;
“Indian country” applies throughout its chapter
The term “Indian country” has the meaning given that term in section 1151 of title 18 .;
“Indian tribe” applies throughout its chapter
The term “Indian tribe” has the meaning given that term in section 1301 of this title .;
“offense” applies throughout its chapter
The term “offense” means an offense against the United States and includes a violation of a Federal regulation relating to part or all of Indian country.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of the Interior. (10) 1
“tribal justice official” applies throughout its chapter
The term “tribal justice official” means— (A) a tribal prosecutor; (B) a tribal law enforcement officer; or (C) any other person responsible for investigating or prosecuting an alleged criminal offense in tribal court.
“Indian” applies throughout its chapter
The term “Indian” has the meaning given to such term under section 7491(3) of title 20 .;
“Indian reservation” applies throughout its chapter
The term “Indian reservation” has the same meaning given to the term “reservation” under section 1452 of this title .
“Native American” applies throughout its chapter
The term “Native American” means an Indian, Native Hawaiian, or Native American Pacific Islander.;
“Native American language” applies throughout its chapter
The term “Native American language” means the historical, traditional languages spoken by Native Americans.;
“Native American Pacific Islander” applies throughout its chapter
The term “Native American Pacific Islander” means any descendent of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States. (5) The terms “Indian tribe” and “tribal organization” have the respective meaning given to each of such terms under section 5304 of this title .;
“Native Hawaiian” applies throughout its chapter
The term “Native Hawaiian” has the meaning given to such term by section 7517 of title 20 .;
“traditional leaders” applies throughout its chapter
The term “traditional leaders” includes Native Americans who have special expertise in Native American culture and Native American languages.;
“documentation” applies in that section
The term “documentation” means a summary of existing museum or Federal agency records, including inventories or catalogues, relevant studies, or other pertinent data for the limited purpose of determining the geographical origin, cultural affiliation, and basic facts surrounding acquisition and accession of Native American human remains and associated funerary objects subject to this section. Such term does not mean, and this chapter shall not be construed to be an authorization for, the initiation of new scientific studies of such remains and associated funerary objects or other means of acquiring or preserving additional scientific information from such remains and objects.
“inventory” applies in that section
the term “inventory” means a simple itemized list that summarizes the information called for by this section.
“adjacent site” applies throughout its chapter
The term “adjacent site” means a site that borders a boundary line of National Forest System land. (2) Cultural items
“cultural items” applies throughout its chapter
The term “cultural items” has the meaning given the term in section 3001 of this title , except that the term does not include human remains. (3) Human remains
“human remains” applies throughout its chapter
The term “human remains” means the physical remains of the body of a person of Indian ancestry. (4) Indian
“Indian” applies throughout its chapter
The term “Indian” means an individual who is a member of an Indian tribe. (5) Indian tribe
“Indian tribe” applies throughout its chapter
The term “Indian tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village, or other community the name of which is included on a list published by the Secretary of the Interior pursuant to section 5131 of this title . (6) Lineal descendant
“lineal descendant” applies throughout its chapter
The term “lineal descendant” means an individual that can trace, directly and without interruption, the ancestry of the individual through the traditional kinship system of an Indian tribe, or through the common law system of descent, to a known Indian, the human remains, funerary objects, or other sacred objects of whom are claimed by the individual. (7) National Forest System
“National Forest System” applies throughout its chapter
The term “National Forest System” has the meaning given the term in section 1609(a) of title 16 . (8) Reburial site
“reburial site” applies throughout its chapter
The term “reburial site” means a specific physical location at which cultural items or human remains are reburied. (9) Traditional and cultural purpose The term “traditional and cultural purpose”, with respect to a definable use, area, or practice, means that the use, area, or practice is identified by an Indian tribe as traditional or cultural because of the long-established significance or ceremonial nature of the use, area, or practice to the Indian tribe.
“archaeological resource” applies throughout its chapter
The term “archaeological resource” means an archaeological resource (as defined in section 470bb of title 16 ) that is Native American. (2) Cultural affiliation
“cultural affiliation” applies throughout its chapter
The term “cultural affiliation” means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian Tribe or Native Hawaiian organization and an identifiable earlier group. (3) Cultural item
“cultural item” applies throughout its chapter
The term “cultural item” means any 1 or more cultural items (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )). (4) Indian Tribe
“Indian Tribe” applies throughout its chapter
The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (5) Item Prohibited from Exportation
“Item Prohibited from Exportation” applies throughout its chapter
The term “Item Prohibited from Exportation” means— (A) a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by— (i) section 1170(b) of title 18 , as added by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.); or (ii) any other Federal law or treaty; and (B) an archaeological resource prohibited from being trafficked, including through sale, purchase, exchange, transport, receipt, or offer to sell, purchase, or exchange, including in interstate or foreign commerce, by— (i) subsections (b) and (c) of section 470ee of title 16 ; or (ii) any other Federal law or treaty.
“Item Requiring Export Certification” applies throughout its chapter
The term “Item Requiring Export Certification” means— (i) a cultural item; and (ii) an archaeological resource. (B) Exclusion The term “Item Requiring Export Certification” does not include an item described in clause (i) or (ii) of subparagraph (A) for which an Indian Tribe or Native Hawaiian organization with a cultural affiliation with the item has provided a certificate authorizing exportation of the item. (7) Native American
“Native American” applies throughout its chapter
The term “Native American” means— (A) Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); and (B) Native Hawaiian (as so defined). (8) Native Hawaiian organization
“Native Hawaiian organization” applies throughout its chapter
The term “Native Hawaiian organization” has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (9) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of the Interior. (10) Tangible cultural heritage
“tangible cultural heritage” applies throughout its chapter
The term “tangible cultural heritage” means— (A) Native American human remains; or (B) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture.
“forester intern” applies in that section
the term “forester intern” means an Indian or Alaska Native who— (A) is acquiring necessary academic qualifications to become a forester or a professional trained in forestry-related fields, and (B) is appointed to one of the positions established under paragraph (1). (3) The Secretary shall pay all costs for tuition, books, fees and living expenses incurred by a forester intern while attending an approved post-secondary or graduate school in a full-time forestry-related curriculum.
“Federal land” applies in that section
The term “Federal land” means— (A) land of the National Forest System (as defined in section 1609(a) of title 16 ) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) public lands (as defined in section 1702 of title 43 ), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Indian forest land or rangeland
“Indian forest land or rangeland” applies in that section
The term “Indian forest land or rangeland” means land that— (A) is held in trust by, or with a restriction against alienation by, the United States for an Indian tribe or a member of an Indian tribe; and (B) (i) (I) is Indian forest land (as defined in section 3103 of this title ); or (II) has a cover of grasses, brush, or any similar vegetation; or (ii) formerly had a forest cover or vegetative cover that is capable of restoration. (3) Indian tribe
“Indian tribe” applies in that section
The term “Indian tribe” has the meaning given the term in section 5304 of this title . (4) Secretary
“Secretary” applies in that section
The term “Secretary” means— (A) the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management.
“covered individual” applies in that section
The term “covered individual” includes— (i) any individual 18 years of age or older; and (ii) any individual who the tribal social services agency determines is subject to a criminal records check under paragraph (2)(A). (B) Foster care placement
“foster care placement” applies in that section
The term “foster care placement” means any action removing an Indian child from a parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator if— (i) the parent or Indian custodian cannot have the child returned on demand; and (ii) (I) parental rights have not been terminated; or (II) parental rights have been terminated but the child has not been permanently placed. (C) Indian custodian
“Indian custodian” applies in that section
The term “Indian custodian” means any Indian— (i) who has legal custody of an Indian child under tribal law or custom or under State law; or (ii) to whom temporary physical care, custody, and control has been transferred by the parent of the child. (D) Parent
“parent” applies in that section
The term “parent” means— (i) any biological parent of an Indian child; or (ii) any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom. (E) Tribal court
“tribal court” applies in that section
The term “tribal court” means a court— (i) with jurisdiction over foster care placements; and (ii) that is— (I) a Court of Indian Offenses; (II) a court established and operated under the code or custom of an Indian tribe; or (III) any other administrative body of an Indian tribe that is vested with authority over foster care placements. (F) Tribal social services agency
“tribal social services agency” applies in that section
The term “tribal social services agency” means the agency of an Indian tribe that has the primary responsibility for carrying out foster care licensing or approval (as of the date on which the proceeding described in paragraph (2)(A) commences) for the Indian tribe.
“Indian” applies throughout its subchapter
The terms “Indian” and “Indian tribe” have the same meaning given those terms in sections 2 4(d) and (e), respectively, of the Indian Self Determination and Education Assistance Act [ 25 U.S.C. 5304(d) , (e)].
“Indian tribe” applies throughout its subchapter
The terms “Indian” and “Indian tribe” have the same meaning given those terms in sections 2 4(d) and (e), respectively, of the Indian Self Determination and Education Assistance Act [ 25 U.S.C. 5304(d) , (e)].
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of the Interior.;
“eligible Indian tribe or tribal organization” applies throughout its subchapter
The term “eligible Indian tribe or tribal organization” means any Indian tribe or tribal organization that qualifies to administer federally funded higher education assistance under a contract pursuant to the Indian Self-Determination and Education Assistance Act [ 25 U.S.C. 5301 et seq.] or under a grant pursuant to subchapter I of this chapter.;
“federally funded higher education assistance” applies throughout its subchapter
The term “federally funded higher education assistance” means any grant assistance provided to an Indian student from funds made available for such purpose by contract or grant to an Indian tribe from amounts appropriated under the authority of section 13 of this title .;
“Indian” applies throughout its subchapter
The term “Indian” has the meaning given such term in section 4(d) of the Indian Self Determination and Education Assistance Act [ 25 U.S.C. 5304(d) ].
“federal 1 agency” applies throughout its chapter
The term “federal 1 agency” has the same meaning given the term “agency” in section 551(1) of title 5 . (2) Indian tribe (A) In general
“Indian tribe” applies throughout its chapter
The terms “Indian tribe” and “tribe” have the meaning given the term “Indian tribe” in section 5304 of this title . (B) Inclusion
“program” applies throughout its chapter
The term “program” means a program described in section 3404(a) of this title . (5) Secretary Except where otherwise provided,
“Secretary” applies throughout its chapter
the term “Secretary” means the Secretary of the Interior.
“tribe” applies throughout its chapter
The terms “Indian tribe” and “tribe” have the meaning given the term “Indian tribe” in section 5304 of this title . (B) Inclusion
“Director” applies throughout its chapter
The term “Director” means the Director of the Office of Indian Energy Policy and Programs, Department of Energy.;
“Indian land” applies throughout its chapter
The term “Indian land” means— (A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; (B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian tribe or an individual Indian; (ii) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community; (C) land that is owned by an Indian tribe and was conveyed by the United States to a Native Corporation pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C.
“Indian reservation” applies throughout its chapter
The term “Indian reservation” includes— (A) an Indian reservation in existence in any State or States as of August 8, 2005 ; (B) a public domain Indian allotment; and (C) a dependent Indian community located within the borders of the United States, regardless of whether the community is located— (i) on original or acquired territory of the community; or (ii) within or outside the boundaries of any State or States. (4);
“Indian tribe” applies throughout its chapter
The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 1 (B) For the purpose of paragraph (12) and sections 3503(b)(1)(C) and 3504 of this title, the term “Indian tribe” does not include any Native Corporation.;
“integration of energy resources” applies throughout its chapter
The term “integration of energy resources” means any project or activity that promotes the location and operation of a facility (including any pipeline, gathering system, transportation system or facility, or electric transmission or distribution facility) on or near Indian land to process, refine, generate electricity from, or otherwise develop energy resources on, Indian land.;
“Native Corporation” applies throughout its chapter
The term “Native Corporation” has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ).;
“organization” applies throughout its chapter
The term “organization” means a partnership, joint venture, limited liability company, or other unincorporated association or entity that is established to develop Indian energy resources.;
“Program” applies throughout its chapter
The term “Program” means the Indian energy resource development program established under section 3502(a) of this title .;
“qualified Indian tribe” applies throughout its chapter
The term “qualified Indian tribe” means an Indian tribe that has— (A) carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq.) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application without material audit exception (or without any material audit exceptions that were not corrected within the 3-year period) relating to the management of tribal land or natural resources; or (B) substantial experience in the administration, review, or evaluation of energy resource leases or agreements or has otherwise substantially participated in the …
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of the Interior.;
“sequestration” applies throughout its chapter
The term “sequestration” means the long-term separation, isolation, or removal of greenhouse gases from the atmosphere, including through a biological or geologic method such as reforestation or an underground reservoir.;
“tribal energy development organization” applies throughout its chapter
The term “tribal energy development organization” means— (A) any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged in the development of energy resources and is wholly owned by an Indian tribe (including an organization incorporated pursuant to section 5124 of this title or section 5203 of this title ); and (B) any organization of two or more entities, at least one of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance under section 3502 of this title or to enter into a lease or business agreement with, or …
“tribal land” applies throughout its chapter
The term “tribal land” means any land or interests in land owned by any Indian tribe, title to which is held in trust by the United States, or is subject to a restriction against alienation under laws of the United States.
“interested party” applies in that section
the term “interested party” means any person (including an entity) that the Secretary determines has demonstrated with substantial evidence that an interest of the person has sustained, or will sustain, an adverse environmental impact as a result of the failure of an Indian tribe to comply with a tribal energy resource agreement of the Indian tribe in effect under paragraph (2).
“negotiated term” applies in that section
the term “negotiated term” means any term or provision that is negotiated by an Indian tribe and any other party to a lease, business agreement, or right-of-way entered into pursuant to a tribal energy resource agreement in effect under this section. (ii) Notwithstanding subparagraph (B), the United States shall not be liable to any party (including any Indian tribe) for any negotiated term of, or any loss resulting from the negotiated terms of, a lease, business agreement, or right-of-way executed pursuant to and in accordance with a tribal energy resource agreement in effect under paragraph (2).
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Bonneville Power Administration and the Administrator of the Western Area Power Administration.;
“power marketing administration” applies in that section
The term “power marketing administration” means— (A) the Bonneville Power Administration; (B) the Western Area Power Administration; and (C) any other power administration the power allocation of which is used by or for the benefit of an Indian tribe located in the service area of the administration. (b) Encouragement of Indian tribal energy development Each Administrator shall encourage Indian tribal energy development by taking such actions as the Administrators determine to be appropriate, including administration of programs of the power marketing administration, in accordance with this section.
“Bureau” applies throughout its chapter
The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior.;
“Courts of Indian Offenses” applies throughout its chapter
The term “Courts of Indian Offenses” means the courts established pursuant to part 11 of title 25, Code of Federal Regulations.;
“Indian tribe” applies throughout its chapter
The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native entity, which administers justice under its inherent authority or the authority of the United States and which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians.;
“judicial personnel” applies throughout its chapter
The term “judicial personnel” means any judge, magistrate, court counselor, court clerk, court administrator, bailiff, probation officer, officer of the court, dispute resolution facilitator, or other official, employee, or volunteer within the tribal justice system.;
“Office” applies throughout its chapter
The term “Office” means the Office of Tribal Justice Support within the Bureau of Indian Affairs.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of the Interior.;
“tribal justice system” applies throughout its chapter
The term “tribal justice system” means the entire judicial branch, and employees thereof, of an Indian tribe, including (but not limited to) traditional methods and forums for dispute resolution, lower courts, appellate courts (including intertribal appellate courts), alternative dispute resolution systems, and circuit rider systems, established by inherent tribal authority whether or not they constitute a court of record.
“tribal organization” applies throughout its chapter
The term “tribal organization” means any organization defined in section 5304( l ) of this title.;
“Attorney General” applies throughout its chapter
The term “Attorney General” means the Attorney General of the United States. (2) Director
“Director” applies throughout its chapter
The term “Director” means the Director of the Office of Tribal Justice. (3) Indian lands
“Indian lands” applies throughout its chapter
The term “Indian lands” shall include lands within the definition of “Indian country”, as defined in section 1151 of title 18 ; or “Indian reservations”, as defined in section 1452(d) of this title , or section 1903(10) of this title . For purposes of the preceding sentence, such section 1452(d) of this title shall be applied by treating the term “former Indian reservations in Oklahoma” as including only lands which are within the jurisdictional area of an Oklahoma Indian Tribe (as determined by the Secretary of the Interior) and are recognized by such Secretary as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on December 21, 2000 ).
“Indian tribe” applies throughout its chapter
The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community which administers justice or plans to administer justice under its inherent authority or the authority of the United States and which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians. (5) Judicial personnel
“judicial personnel” applies throughout its chapter
The term “judicial personnel” means any judge, magistrate, court counselor, court clerk, court administrator, bailiff, probation officer, officer of the court, dispute resolution facilitator, or other official, employee, or volunteer within the tribal judicial system. (6) Non-profit entities
“non-profit entities” applies throughout its chapter
The term “non-profit entity” or “non-profit entities” has the meaning given that term in section 501(c)(3) of title 26 . (7) Office of Tribal Justice
“non-profit entity” applies throughout its chapter
The term “non-profit entity” or “non-profit entities” has the meaning given that term in section 501(c)(3) of title 26 . (7) Office of Tribal Justice
“Office of Tribal Justice” applies throughout its chapter
The term “Office of Tribal Justice” means the Office of Tribal Justice in the United States Department of Justice. (8) Tribal justice system
“tribal court” applies throughout its chapter
The term “tribal court”, “tribal court system”, or “tribal justice system” means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and fora for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record.
“tribal court system” applies throughout its chapter
The term “tribal court”, “tribal court system”, or “tribal justice system” means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and fora for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record.
“tribal justice system” applies throughout its chapter
The term “tribal court”, “tribal court system”, or “tribal justice system” means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and fora for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record.
“agricultural product” applies throughout its chapter
The term “agricultural product” means— (A) crops grown under cultivated conditions whether used for personal consumption, subsistence, or sold for commercial benefit; (B) domestic livestock, including cattle, sheep, goats, horses, buffalo, swine, reindeer, fowl, or other animal specifically raised and utilized for food or fiber or as beast of burden; (C) forage, hay, fodder, feed grains, crop residues and other items grown or harvested for the feeding and care of livestock, sold for commercial profit, or used for other purposes; and (D) other marketable or traditionally used materials authorized for removal from Indian agricultural lands.;