r/title-25-INDIANS wiki — defined terms

“agricultural resource” applies throughout its chapter

The term “agricultural resource” means— (A) all the primary means of production, including the land, soil, water, air, plant communities, watersheds, human resources, natural and physical attributes, and man-made developments, which together comprise the agricultural community; and (B) all the benefits derived from Indian agricultural lands and enterprises, including cultivated and gathered food products, fibers, horticultural products, dyes, cultural or religious condiments, medicines, water, aesthetic, and other traditional values of agriculture.;

“agricultural resource management plan” applies throughout its chapter

The term “agricultural resource management plan” means a plan developed under section 3711(b) of this title .;

“Bureau” applies throughout its chapter

The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior.;

“farmland” applies throughout its chapter

The term “farmland” means Indian land excluding Indian forest land that is used for production of food, feed, fiber, forage and seed oil crops, or other agricultural products, and may be either dryland, irrigated, or irrigated pasture.;

“Indian” applies throughout its chapter

The term “Indian” means an individual who is a member of an Indian tribe.;

“Indian agricultural lands” applies throughout its chapter

The term “Indian agricultural lands” means Indian land, including farmland and rangeland, but excluding Indian forest land, that is used for the production of agricultural products, and Indian lands occupied by industries that support the agricultural community, regardless of whether a formal inspection and land classification has been conducted.;

“Indian forest land” applies throughout its chapter

The term “Indian forest land” means forest land as defined in section 3103(3) of this title .;

“Indian land” applies throughout its chapter

The term “Indian land” means land that is— (A) held in trust by the United States for an Indian tribe; or (B) owned by an Indian or Indian tribe and is subject to restrictions against alienation.;

“Indian landowner” applies throughout its chapter

The term “Indian landowner” means the Indian or Indian tribe that— (A) owns such Indian land, or (B) is the beneficiary of the trust under which such Indian land is held by the United States.;

“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 village 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.;

“integrated resource management plan” applies throughout its chapter

The term “integrated resource management plan” means the plan developed pursuant to the process used by tribal governments to assess available resources and to provide identified holistic management objectives that include quality of life, production goals and landscape descriptions of all designated resources that may include (but not be limited to) water, fish, wildlife, forestry, agriculture, minerals, and recreation, as well as community and municipal resources, and may include any previously adopted tribal codes and plans related to such resources.;

“land management activity” applies throughout its chapter

The term “land management activity” means all activities, accomplished in support of the management of Indian agricultural lands, including (but not limited to)— (A) preparation of soil and range inventories, farmland and rangeland management plans, and monitoring programs to evaluate management plans; (B) agricultural lands and on-farm irrigation delivery system development, and the application of state of the art, soil and range conservation management techniques to restore and ensure the productive potential of Indian lands; (C) protection against agricultural pests, including development, implementation, and evaluation of integrated pest management programs to control noxious weeds, …

“rangeland” applies throughout its chapter

The term “rangeland” means Indian land, excluding Indian forest land, on which the native vegetation is predominantly grasses, grass-like plants, forbs, half-shrubs or shrubs suitable for grazing or browsing use, and includes lands revegetated naturally or artificially to provide a forage cover that is managed as native vegetation.;

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of the Interior.

“agricultural resources intern” applies in that section

the term “agricultural resources intern” means an Indian who— (i) is attending an approved postsecondary school in a full-time agriculture or related field, and (ii) is appointed to one of the agricultural resources intern positions established under paragraph (1);

“agricultural resources intern positions” applies in that section

the term “agricultural resources intern positions” means positions established pursuant to paragraph (1) for agricultural resources interns; and;

“agriculture study program” applies in that section

the term “agriculture study program” includes (but is not limited to) agricultural engineering, agricultural economics, animal husbandry, animal science, biological sciences, geographic information systems, horticulture, range management, soil science, and veterinary science. (3) The Secretary shall pay, by reimbursement or otherwise, all costs for tuition, books, fees, and living expenses incurred by an agricultural resources intern while attending an approved postsecondary or graduate school in a full-time agricultural study program.

“Bureau” applies throughout its chapter

The term “Bureau” means the Bureau of Indian Affairs.;

“dam” applies throughout its chapter

The term “dam” has the same meaning given such term by section 467 of title 33 .;

“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 village 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 Indian tribes because of their status as Indians.

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of the Interior.;

“dam” applies in that section

The term “dam” has the meaning given the term in section 467 of title 33 . (B) Inclusions

“Fund” applies in that section

The term “Fund” means, as applicable— (A) the High-Hazard Indian Dam Safety Deferred Maintenance Fund established by subsection (b)(1)(A); or (B) the Low-Hazard Indian Dam Safety Deferred Maintenance Fund established by subsection (b)(2)(A). (3) High hazard potential dam

“high hazard potential dam” applies in that section

The term “high hazard potential dam” means a dam assigned to the significant or high hazard potential classification under the guidelines published by the Federal Emergency Management Agency entitled “Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams” (FEMA Publication Number 333). (4) Indian tribe

“Indian tribe” applies in that section

The term “Indian tribe” has the meaning given the term in section 5304 of this title . (5) Low hazard potential dam

“low hazard potential dam” applies in that section

The term “low hazard potential dam” means a dam assigned to the low hazard potential classification under the guidelines published by the Federal Emergency Management Agency entitled “Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams” (FEMA Publication Number 333). (6) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, in consultation with the Secretary of the Army. (b) Indian Dam Safety Deferred Maintenance Funds (1) High-Hazard Fund (A) Establishment There is established in the Treasury of the United States a fund, to be known as the “High-Hazard Indian Dam Safety Deferred Maintenance Fund”, consisting of— (i) such amounts as are deposited in the Fund under subparagraph (B); and (ii) any interest earned on investment of amounts in the Fund under subparagraph (D).

“Alaska Native entity” applies throughout its chapter

The term “Alaska Native entity” includes native corporations established pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.] and any Alaska Native village or municipal entity which owns Alaska Native land. (7) Open dump

“Alaska Native land” applies throughout its chapter

The term “Alaska Native land” means (A) land conveyed or to be conveyed pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.], including any land reconveyed under section 14(c)(3) 1 of that Act ( 43 U.S.C. 1613(c)(3) ), and (B) land conveyed pursuant to the Act of November 2, 1966 ( 16 U.S.C. 1151 et seq.; commonly known as the “Fur Seal Act of 1966”). (5) Indian tribal government

“closure or close” applies throughout its chapter

The term “closure or close” means the termination of operations at open dumps on Indian land or Alaska Native land and bringing such dumps into compliance with applicable Federal standards and regulations, or standards promulgated by an Indian tribal government or Alaska Native entity, if such standards are more stringent than the Federal standards and regulations. (2) Director

“Director” applies throughout its chapter

The term “Director” means the Director of the Indian Health Service. (3) Indian land

“Indian land” applies throughout its chapter

The term “Indian land” means— (A) land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; (B) dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and (C) Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments. (4) Alaska Native land

“Indian tribal government” applies throughout its chapter

The term “Indian tribal government” means the governing body of any Indian tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (6) Alaska Native entity

“open dump” applies throughout its chapter

The term “open dump” means any facility or site where solid waste is disposed of which is not a sanitary landfill which meets the criteria promulgated under section 4004 of the Solid Waste Disposal Act ( 42 U.S.C. 6944 ) and which is not a facility for disposal of hazardous waste. (8) Postclosure maintenance

“postclosure maintenance” applies throughout its chapter

The term “postclosure maintenance” means any activity undertaken at a closed solid waste management facility on Indian land or on Alaska Native land to maintain the integrity of containment features, monitor compliance with applicable performance standards, or remedy any situation or occurrence that violates regulations promulgated pursuant to subtitle D of the Solid Waste Disposal Act ( 42 U.S.C. 6941 et seq.). (9) Service

“Service” applies throughout its chapter

The term “Service” means the Indian Health Service. (10) Solid waste

“solid waste” applies throughout its chapter

The term “solid waste” has the meaning provided that term by section 1004(27) of the Solid Waste Disposal Act ( 42 U.S.C. 6903 ) and any regulations promulgated thereunder.

“Bureau” applies throughout its chapter

The term “Bureau” means the Bureau of Indian Affairs within the Department of the Interior.;

“Department” applies throughout its chapter

The term “Department” means the Department of the Interior.

“Indian tribe” applies throughout its chapter

The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 85 Stat. 688 ) [ 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.;

“Office” applies throughout its chapter

The term “Office” means the Office of Special Trustee for American Indians established by section 4042 of this title .;

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of the Interior.;

“Special Trustee” applies throughout its chapter

The term “Special Trustee” means the Special Trustee for American Indians appointed under section 4042 of this title .;

“adjusted income” applies throughout its chapter

The term “adjusted income” means the annual income that remains after excluding the following amounts: (A) Youths, students, and persons with disabilities $480 for each member of the family residing in the household (other than the head of the household or the spouse of the head of the household)— (i) who is under 18 years of age; or (ii) who is— (I) 18 years of age or older; and (II) a person with disabilities or a full-time student. (B) Elderly and disabled families $400 for an elderly or disabled family.

“affordable housing” applies throughout its chapter

The term “affordable housing” means housing that complies with the requirements for affordable housing under subchapter II. The term includes permanent housing for homeless persons who are persons with disabilities, transitional housing, and single room occupancy housing. (3) Drug-related criminal activity

“drug-related criminal activity” applies throughout its chapter

The term “drug-related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as such term is defined in section 802 of title 21 ). (4) Elderly families and near-elderly families

“elderly family” applies throughout its chapter

The terms “elderly family” and “near-elderly family” mean a family whose head (or his or her spouse), or whose sole member, is an elderly person or a near-elderly person, respectively. Such terms include 2 or more elderly persons or near-elderly persons living together, and 1 or more such persons living with 1 or more persons determined under the Indian housing plan for the agency to be essential to their care or well-being. (5) Elderly person

“elderly person” applies throughout its chapter

The term “elderly person” means a person who is at least 62 years of age. (6) Family

“family” applies throughout its chapter

The term “family” includes a family with or without children, an elderly family, a near-­elderly family, a disabled family, and a single person. (7) Grant beneficiary

“federally recognized tribe” applies throughout its chapter

The term “federally recognized 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.], that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.). 1 (C) State recognized tribe (i) In general

“grant beneficiary” applies throughout its chapter

The term “grant beneficiary” means the Indian tribe or tribes on behalf of which a grant is made under this chapter to a recipient. (8) Housing related community development (A) In general

“housing related community development” applies throughout its chapter

The term “housing related community development” means any facility, community building, business, activity, or infrastructure that— (i) is owned by an Indian tribe or a tribally designated housing entity; (ii) is necessary to the provision of housing in an Indian area; and (iii) (I) would help an Indian tribe or tribally designated housing entity to reduce the cost of construction of Indian housing; (II) would make housing more affordable, accessible, or practicable in an Indian area; or (III) would otherwise advance the purposes of this chapter.

“income” applies throughout its chapter

The term “income” means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary, except that the following amounts may not be considered as income under this paragraph: (A) Any amounts not actually received by the family. (B) Any amounts that would be eligible for exclusion under section 1382b(a)(7) of title 42 . (C) Any amounts received by any member of the family as disability compensation under chapter 11 of title 38 or dependency and indemnity compensation under chapter 13 of such title. (10) Indian

“Indian” applies throughout its chapter

The term “Indian” means any person who is a member of an Indian tribe. (11) Indian area

“Indian area” applies throughout its chapter

The term “Indian area” means the area within which an Indian tribe or a tribally designated housing entity, as authorized by 1 or more Indian tribes, provides assistance under this chapter for affordable housing. (12) Indian housing plan

“Indian housing plan” applies throughout its chapter

The term “Indian housing plan” means a plan under section 4112 of this title . (13) Indian tribe (A) In general

“Indian tribe” applies throughout its chapter

The term “Indian tribe” means a tribe that is a federally recognized tribe or a State recognized tribe. (B) Federally recognized tribe

“low-income family” applies in that section

The term “low-income family” means a family whose income does not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may, for purposes of this paragraph, establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the findings of the Secretary or the agency that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes. (15) Median income

“median income” applies in that section

The term “median income” means, with respect to an area that is an Indian area, the greater of— (A) the median income for the Indian area, which the Secretary shall determine; or (B) the median income for the United States. (16) Near-elderly person

“near-elderly family” applies throughout its chapter

The terms “elderly family” and “near-elderly family” mean a family whose head (or his or her spouse), or whose sole member, is an elderly person or a near-elderly person, respectively. Such terms include 2 or more elderly persons or near-elderly persons living together, and 1 or more such persons living with 1 or more persons determined under the Indian housing plan for the agency to be essential to their care or well-being. (5) Elderly person

“near-elderly person” applies in that section

The term “near-elderly person” means a person who is at least 55 years of age and less than 62 years of age. (17) Nonprofit

“nonprofit” applies in that section

The term “nonprofit” means, with respect to an organization, association, corporation, or other entity, that no part of the net earnings of the entity inures to the benefit of any member, founder, contributor, or individual. (18) Person with disabilities

“person with disabilities” applies in that section

The term “person with disabilities” means a person who— (A) has a disability as defined in section 423 of title 42 ; (B) is determined, pursuant to regulations issued by the Secretary, to have a physical, mental, or emotional impairment which— (i) is expected to be of long-continued and indefinite duration; (ii) substantially impedes his or her ability to live independently; and (iii) is of such a nature that such ability could be improved by more suitable housing conditions; or (C) has a developmental disability as defined in section 15002 of title 42 .

“recipient” applies in that section

The term “recipient” means an Indian tribe or the entity for one or more Indian tribes that is authorized to receive grant amounts under this chapter on behalf of the tribe or tribes. (20) Secretary Except as otherwise specifically provided in this chapter,

“Secretary” applies throughout its chapter

the term “Secretary” means the Secretary of Housing and Urban Development. (21) State

“State” applies throughout its chapter

The term “State” means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States and Indian tribes. (22) Tribally designated housing entity The terms “tribally designated housing entity” and “housing entity” have the following meaning: (A) Existing IHA’s With respect to any Indian tribe that has not taken action under subparagraph (B), and for which an Indian housing authority— (i) was established for purposes of the United States Housing Act of 1937 [ 42 U.S.C.

“State recognized tribe” applies throughout its chapter

The term “State recognized tribe” means any tribe, band, nation, pueblo, village, or community— (I) that has been recognized as an Indian tribe by any State; and (II) for which an Indian Housing Authority has, before the effective date under section 705, entered into a contract with the Secretary pursuant to the United States Housing Act of 1937 [ 42 U.S.C. 1437 et seq.] for housing for Indian families and has received funding pursuant to such contract within the 5-year period ending upon such effective date.

“housing program” applies in that section

the term “housing program” means a program under the administration of the Secretary of Housing and Urban Development or the Secretary of Agriculture (through the Administrator of the Farmers Home Administration) that provides assistance in the form of contracts, grants, loans, cooperative agreements, or any other form of assistance (including the insurance or guarantee of a loan, mortgage, or pool of mortgages) for housing.

“qualifying Indian tribe” applies in that section

the term “qualifying Indian tribe” means, with respect to a fiscal year, an Indian tribe or tribally designated housing entity— (1) to or on behalf of which a grant is made under section 4111 of this title ; (2) that has complied with the requirements of section 4112(b)(6) 1 of this title; and (3) that, during the preceding 3-fiscal-year period, has no unresolved significant and material audit findings or exceptions, as demonstrated in— (A) the annual audits of that period completed under chapter 75 of title 31 (commonly known as the “Single Audit Act”); or (B) an independent financial audit prepared in accordance with generally accepted auditing principles.

“reasons beyond the control of the recipient” applies in that section

the term “reasons beyond the control of the recipient” means, after making reasonable efforts, there remain— (i) delays in obtaining or the absence of title status reports; (ii) incorrect or inadequate legal descriptions or other legal documentation necessary for conveyance; (iii) clouds on title due to probate or intestacy or other court proceedings; or (iv) any other legal impediment.

“Department” applies throughout its subchapter

The term “Department of Hawaiian Home Lands” or “Department” means the agency or department of the government of the State of Hawaii that is responsible for the administration of the Hawaiian Homes Commission Act, 1920 ( 42 Stat. 108 et seq.). (2) Director

“Department of Hawaiian Home Lands” applies throughout its subchapter

The term “Department of Hawaiian Home Lands” or “Department” means the agency or department of the government of the State of Hawaii that is responsible for the administration of the Hawaiian Homes Commission Act, 1920 ( 42 Stat. 108 et seq.). (2) Director

“Director” applies throughout its subchapter

The term “Director” means the Director of the Department of Hawaiian Home Lands. (3) Elderly families; near-elderly families (A) In general

“elderly family” applies throughout its subchapter

The term “elderly family” or “near-elderly family” means a family whose head (or his or her spouse), or whose sole member, is— (i) for an elderly family, an elderly person; or (ii) for a near-elderly family, a near-elderly person. (B) Certain families included

“Hawaiian Home Lands” applies throughout its subchapter

The term “Hawaiian Home Lands” means lands that— (A) have the status as Hawaiian home lands under section 204 of the Hawaiian Homes Commission Act, 1920 ( 42 Stat. 110 ); or (B) are acquired pursuant to that Act. (5) Housing area

“housing area” applies throughout its subchapter

The term “housing area” means an area of Hawaiian Home Lands with respect to which the Department of Hawaiian Home Lands is authorized to provide assistance for affordable housing under this chapter. (6) Housing entity

“housing entity” applies throughout its subchapter

The term “housing entity” means the Department of Hawaiian Home Lands. (7) Housing plan

“housing plan” applies throughout its subchapter

The term “housing plan” means a plan developed by the Department of Hawaiian Home Lands. (8) Median income

“median income” applies throughout its subchapter

The term “median income” means, with respect to an area that is a Hawaiian housing area, the greater of— (A) the median income for the Hawaiian housing area, which shall be determined by the Secretary; or (B) the median income for the State of Hawaii. (9) Native Hawaiian

“Native Hawaiian” applies throughout its subchapter

The term “Native Hawaiian” means any individual who is— (A) a citizen of the United States; and (B) a descendant of the aboriginal people, who, prior to 1778, occupied and exercised sovereignty in the area that currently constitutes the State of Hawaii, as evidenced by— (i) genealogical records; (ii) verification by kupuna (elders) or kamaʻaina (long-term community residents); or (iii) birth records of the State of Hawaii.

“near-elderly family” applies throughout its subchapter

The term “elderly family” or “near-elderly family” means a family whose head (or his or her spouse), or whose sole member, is— (i) for an elderly family, an elderly person; or (ii) for a near-elderly family, a near-elderly person. (B) Certain families included

“Director” applies throughout its chapter

The term “Director” means the Director of Native American Business Development appointed pursuant to section 4303(a)(2) of this title . (2) Eligible entity

“eligible entity” applies throughout its chapter

The term “eligible entity” means an Indian Tribe or Tribal organization, an Indian arts and crafts organization, as that term is defined in section 305a of this title , a Tribal enterprise, a Tribal marketing cooperative (as that term is defined by the Secretary, in consultation with the Secretary of the Interior), or any other Indian-owned business. (3) Indian

“Indian” applies throughout its chapter

The term “Indian” has the meaning given that term in section 5304(d) of this title . (4) Indian goods and services

“Indian goods and services” applies throughout its chapter

The term “Indian goods and services” means— (A) Indian goods, within the meaning of section 305a of this title ; (B) goods produced or originated by an eligible entity; and (C) services provided by eligible entities. (5) Indian lands (A) In general

“Indian lands” applies throughout its chapter

The term “Indian lands” includes lands under the definition of— (i) the term “Indian country” under section 1151 of title 18 ; or (ii) the term “reservation” under— (I) section 1452(d) of this title ; or (II) section 1903(10) of this title .

“Indian Tribe” applies throughout its chapter

The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 5304(e) of this title . (8) Office

“Indian-owned business” applies throughout its chapter

The term “Indian-owned business” means an entity organized for the conduct of trade or commerce with respect to which at least 50 percent of the property interests of the entity are owned by Indians or Indian Tribes (or a combination thereof). (7) Indian Tribe

“Office” applies throughout its chapter

The term “Office” means the Office of Native American Business Development established by section 4303(a)(1) of this title . (9) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Commerce. (10) Tribal enterprise

“Tribal enterprise” applies throughout its chapter

The term “Tribal enterprise” means a commercial activity or business managed or controlled by an Indian Tribe. (11) Tribal organization

“Tribal organization” applies throughout its chapter

The term “Tribal organization” has the meaning given that term in section 5304( l ) of this title.

“agency” applies throughout its chapter

The term “agency” has the meaning given the term in section 551 of title 5 . (2) Indian tribe

“Indian tribe” applies throughout its chapter

The term “Indian tribe” has the meaning given the term in section 5304 of this title . (3) Native Hawaiian organization

“Native Hawaiian organization” applies throughout its chapter

The term “Native Hawaiian organization” means a nonprofit organization— (A) that serves the interests of Native Hawaiians; (B) in which Native Hawaiians serve in substantive and policymaking positions; and (C) that is recognized for having expertise in Native Hawaiian culture and heritage, including tourism. (4) Tribal organization

“tribal organization” applies throughout its chapter

The term “tribal organization” has the meaning given the term in section 5304 of this title .

“Bureau of Indian Affairs” applies in that section

The term “Bureau of Indian Affairs” means (A) the Bureau of Indian Affairs and (B) all other organizational units in the Department of the Interior directly and primarily related to providing services to Indians and in which positions are filled in accordance with the Indian preference laws.

“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.;

“tribal organization” applies in that section

The term “tribal organization” means— (A) 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 (B) in connection with any personnel action referred to in subsection (c)(1) of this section, any legally established organization of Indians which is controlled, sanctioned, or chartered by a governing body referred to in subparagraph (A) of this paragraph and which has been delegated by such governing body the authority to grant a waiver under such subsection with respect to such personnel action.;

“Indian tribe” applies throughout this title

The term “Indian tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe.;

“list” applies throughout this title

The term “list” means the list of recognized tribes published by the Secretary pursuant to section 5131 of this title .

“Secretary” applies throughout this title

The term “Secretary” means the Secretary of the Interior.;

“employee” applies in that section

the term “employee” means an employee as defined in section 2105 of title 5 . (i) Promulgation of implementation regulations by President The President may prescribe regulations necessary to carry out the provisions of subsections (e), (f), (g), and (h) of this section and to protect and assure the compensation, retirement, insurance, leave, reemployment rights, and such other similar civil service employment rights as he finds appropriate.

“contracting party” applies in that section

The term “contracting party” means an entity that has a contract through a program authorized under sections 5342 to 5348 of this title. (2) Eligible entity

“eligible entity” applies in that section

The term “eligible entity” means an entity that is eligible to apply for a contract for a supplemental or operational support program under sections 5342 to 5348 of this title, as outlined in section 5342 of this title . (3) Existing contracting party

“existing contracting party” applies in that section

The term “existing contracting party” means a contracting party that has a contract under sections 5342 to 5348 of this title that is in effect on December 31, 2018 . (4) JOM Modernization Act

“JOM Modernization Act” applies in that section

The term “JOM Modernization Act” means the Johnson-O’Malley Supplemental Indian Education Program Modernization Act. (5) New contracting party

“new contracting party” applies in that section

The term “new contracting party” means an entity that enters into a contract under sections 5342 to 5348 of this title after December 31, 2018 . (6) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Interior. (b) Determination of the number of eligible Indian students (1) Initial determinations (A) In general The Secretary shall make an initial determination of the number of eligible Indian students served or potentially served by each eligible entity in accordance with subparagraph (B).

“compact” applies throughout its subchapter

The term “compact” means a self-governance compact entered into under section 5364 of this title . (2) Construction program; construction project

“construction program” applies throughout its subchapter

The term “construction program” or “construction project” means a Tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, structures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other Tribal purposes. (3) Department

“construction project” applies throughout its subchapter

The term “construction program” or “construction project” means a Tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, structures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other Tribal purposes. (3) Department

“Department” applies throughout its subchapter

The term “Department” means the Department of the Interior. (4) Funding agreement

“funding agreement” applies throughout its subchapter

The term “funding agreement” means a funding agreement entered into under section 5363 of this title . (5) Gross mismanagement

“gross mismanagement” applies throughout its subchapter

The term “gross mismanagement” means a significant violation, shown by a preponderance of the evidence, of a compact, funding agreement, or statutory or regulatory requirement applicable to Federal funds for a program administered by an Indian Tribe under a compact or funding agreement. (6) Inherent Federal function

“inherent Federal function” applies throughout its subchapter

The term “inherent Federal function” means a Federal function that may not legally be delegated to an Indian Tribe. (7) Non-BIA program

“non-BIA program” applies throughout its subchapter

The term “non-BIA program” means all or a portion of a program, function, service, or activity that is administered by any bureau, service, office, or agency of the Department of the Interior other than— (A) the Bureau of Indian Affairs; (B) the Office of the Assistant Secretary for Indian Affairs; or (C) the Office of the Special Trustee for American Indians. (8) Program

“program” applies throughout its subchapter

The term “program” means any program, function, service, or activity (or portion thereof) within the Department that is included in a funding agreement. (9) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of the Interior. (10) Self-determination contract

“self-determination contract” applies throughout its subchapter

The term “self-determination contract” means a self-determination contract entered into under section 5321 of this title . (11) Self-governance

“self-governance” applies throughout its subchapter

The term “self-governance” means the Tribal Self-Governance Program established under section 5362 of this title . (12) Tribal share

“Tribal share” applies throughout its subchapter

The term “Tribal share” means the portion of all funds and resources of an Indian Tribe that— (A) support any program within the Bureau of Indian Affairs, the Office of the Special Trustee for American Indians, or the Office of the Assistant Secretary for Indian Affairs; and (B) are not required by the Secretary for the performance of an inherent Federal function. (13) Tribal water rights settlement

“Tribal water rights settlement” applies throughout its subchapter

The term “Tribal water rights settlement” means any settlement, compact, or other agreement expressly ratified or approved by an Act of Congress that— (A) includes an Indian Tribe and the United States as parties; and (B) quantifies or otherwise defines any water right of the Indian Tribe.

“contract” applies in that section

the term “contract” shall include agreements entered into under this subchapter. (2) For the period that an agreement entered into under this subchapter is in effect, the provisions of section 81 of this title , section 5123 of this title , and the Act of July 3, 1952 ( 25 U.S.C. 82a ), shall not apply to attorney and other professional contracts by Indian tribal governments participating in Self-Governance under this subchapter.

“construction project” applies throughout its subchapter

The term “construction project”— (A) means an organized noncontinuous undertaking to complete a specific set of predetermined objectives for the planning, environmental determination, design, construction, repair, improvement, or expansion of buildings or facilities, as described in a construction project agreement; and (B) does not include construction program administration and activities described in paragraphs (1) through (3) of section 5304(m) of this title , that may otherwise be included in a funding agreement under this subchapter. (2) Construction project agreement

“construction project agreement” applies throughout its subchapter

The term “construction project agreement” means a negotiated agreement between the Secretary and an Indian tribe, that at a minimum— (A) establishes project phase start and completion dates; (B) defines a specific scope of work and standards by which it will be accomplished; (C) identifies the responsibilities of the Indian tribe and the Secretary; (D) addresses environmental considerations; (E) identifies the owner and operations and maintenance entity of the proposed work; (F) provides a budget; (G) provides a payment process; and (H) establishes the duration of the agreement based on the time necessary to complete the specified scope of work, which may be 1 or more years.

“gross mismanagement” applies throughout its subchapter

The term “gross mismanagement” means a significant, clear, and convincing violation of a compact, funding agreement, or regulatory, or statutory requirements applicable to Federal funds transferred to an Indian tribe by a compact or funding agreement that results in a significant reduction of funds available for the programs, services, functions, or activities (or portions thereof) assumed by an Indian tribe. (4) Inherent Federal functions

“inherent Federal functions” applies throughout its subchapter

The term “inherent Federal functions” means those Federal functions which cannot legally be delegated to Indian tribes. (5) Inter-tribal consortium

“inter-tribal consortium” applies throughout its subchapter

The term “inter-tribal consortium” means a coalition of two 1 more separate Indian tribes that join together for the purpose of participating in self-governance, including tribal organizations. (6) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Health and Human Services. (7) Self-governance

“self-governance” applies throughout its subchapter

The term “self-governance” means the program of self-governance established under section 5382 of this title . (8) Tribal share

“tribal share” applies throughout its subchapter

The term “tribal share” means an Indian tribe’s portion of all funds and resources that support secretarial programs, services, functions, and activities (or portions thereof) that are not required by the Secretary for performance of inherent Federal functions.

“contract” applies in that section

the term “contract” shall include compacts and funding agreements entered into under this subchapter. (b) Applicability of certain laws Section 81 of this title and section 5123 of this title , shall not apply to attorney and other professional contracts entered into by Indian tribes participating in self-governance under this subchapter. (c) References All references in this chapter to section 5201 of this title are hereby deemed to include section 82a of this title .

“Board” applies throughout its subchapter

The term “Board” means the Board of Directors of the Foundation. (2) Bureau

“Bureau” applies throughout its subchapter

The term “Bureau” means the Office of Justice Services of the Bureau of Indian Affairs. (3) Committee

“Committee” applies throughout its subchapter

The term “Committee” means the Committee for the Establishment of the Indian Law Enforcement Foundation established under section 5412(e)(1) of this title . (4) Foundation

“Foundation” applies throughout its subchapter

The term “Foundation” means the Indian Law Enforcement Foundation established under section 5412 of this title . (5) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of the Interior.

“Bureau funded school” applies throughout its subchapter

the term “Bureau funded school” has the meaning given that term in title XI of the Education Amendments of 1978 [ 25 U.S.C. 2000 et seq.];

“Foundation” applies throughout its subchapter

the term “Foundation” means the Foundation established by the Secretary pursuant to section 5421 of this title ; and;

“Secretary” applies throughout its subchapter

the term “Secretary” means the Secretary of the Interior.

“Indian tribe” applies throughout its subchapter

The term “Indian tribe” has the meaning given the term in the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 1 (2) Project

“Project” applies throughout its subchapter

The term “Project” means the Indian trust asset management demonstration project established under section 5612(a) of this title . (3) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of the Interior.

“forest land management activity” applies in that section

The term “forest land management activity” means any activity described in section 304(4) of the National Indian Forest Resources Management Act ( 25 U.S.C. 3103(4) ). (2) Interested party

“interested party” applies in that section

The term “interested party” means an Indian or non-Indian individual, entity, or government the interests of which could be adversely affected by a tribal trust land leasing decision made by an applicable Indian tribe. (3) Surface leasing transaction

“surface leasing transaction” applies in that section

The term “surface leasing transaction” means a residential, business, agricultural, or wind or solar resource lease of land the title to which is held— (A) in trust by the United States for the benefit of an Indian tribe; or (B) in fee by an Indian tribe, subject to restrictions against alienation under Federal law.

“BIA” applies throughout its subchapter

The term “BIA” means the Bureau of Indian Affairs. (2) Department

“Department” applies throughout its subchapter

The term “Department” means the Department of the Interior. (3) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of the Interior. (4) Under Secretary