r/title-25-INDIANS wiki — defined terms
The statute’s own glossary: every term Title 25 defines, in section order.
“Indian economic enterprise” applies in that section
The term “Indian economic enterprise” has the meaning given the term in section 1480.201 of title 48, Code of Federal Regulations (or successor regulations). (2) Mentor firm; protege firm
“mentor firm” applies in that section
The terms “mentor firm” and “protege firm” have the meanings given those terms in section 4902(c) of title 10 . (3) Secretaries
“protege firm” applies in that section
The terms “mentor firm” and “protege firm” have the meanings given those terms in section 4902(c) of title 10 . (3) Secretaries
“Secretaries” applies in that section
The term “Secretaries” means— (A) the Secretary of the Interior; and (B) the Secretary of Health and Human Services. (b) Enterprise Development (1) In general Unless determined by one of the Secretaries to be impracticable and unreasonable— (A) Indian labor shall be employed; and (B) purchases of Indian industry products (including printing and facilities construction, notwithstanding any other provision of law) may be made in open market by the Secretaries. (2) Mentor-protege program (A) In general Participation in the Mentor-Protege Program established under section 831(a) of the National Defense Authorization Act for Fiscal Year 1991 ( 10 U.S.C.
“Indian lands” applies in that section
The term “Indian lands” means lands the title to which is held by the United States in trust for an Indian tribe or lands the title to which is held by an Indian tribe subject to a restriction by the United States against alienation.;
“Indian tribe” applies in that section
The term “Indian tribe” has the meaning given that term in section 5304(e) of this title .;
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior. (b) Approval No agreement or contract with an Indian tribe that encumbers Indian lands for a period of 7 or more years shall be valid unless that agreement or contract bears the approval of the Secretary of the Interior or a designee of the Secretary. (c) Exception Subsection (b) shall not apply to any agreement or contract that the Secretary (or a designee of the Secretary) determines is not covered under that subsection.
“Secretary” applies in that section
the term “Secretary” means the Secretary of the Interior. (b) Treatment of lease payments (1) In general Except as provided in paragraph (2) and at the request of the Indian tribe or individual Indian, any advance payments, bid deposits, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian shall, upon receipt and prior to Secretarial approval of the contract or conveyance instrument, be held in the trust fund system for the benefit of the Indian tribe …
“Indian arts and crafts organization” applies in that section
the term “Indian arts and crafts organization” means any legally established arts and crafts marketing organization composed of members of Indian tribes.
“Federal law enforcement officer” applies in that section
the term “Federal law enforcement officer” includes a Federal law enforcement officer (as defined in section 115(c) of title 18 ). (b) Authority to conduct investigations Any Federal law enforcement officer shall have the authority to conduct an investigation relating to an alleged violation of this Act occurring within the jurisdiction of the United States. (c) Criminal proceedings (1) Investigation (A) In general The Board may refer an alleged violation of section 1159 of title 18 to any Federal law enforcement officer for appropriate investigation.
“Indian” applies in that section
The term “Indian” means an individual that— (A) is a member of an Indian tribe; or (B) is certified as an Indian artisan by an Indian tribe. (2) Indian product
“Indian product” applies in that section
The term “Indian product” has the meaning given the term in any regulation promulgated by the Secretary. (3) Indian tribe (A) In general
“Indian tribe” applies in that section
The term “Indian tribe” has the meaning given the term in section 5304 of this title . (B) Inclusion
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior. (b) Injunctive or equitable relief; damages A person specified in subsection (d) may, in a civil action in a court of competent jurisdiction, bring an action against a person who, directly or indirectly, offers or displays for sale or sells a good, with or without a Government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States, to— (1) obtain injunctive or other equitable relief; and (2) recover the greater of— (A) treble damages; or (B) in the case of each aggrieved …
“Hopi Partitioned Lands” applies in that section
the term “Hopi Partitioned Lands” means lands located in the Hopi Partitioned Area, as defined in section 168.1(g) of title 25, Code of Federal Regulations (as in effect on October 11, 1996 );
“Indian tribe” applies in that section
the term “Indian tribe” has the meaning given such term in section 5130 of this title ; and;
“individually owned allotted land” applies in that section
the term “individually owned allotted land” means a parcel of land that— (A) (i) is located within the jurisdiction of an Indian tribe; or (ii) is held in trust or restricted status by the United States for the benefit of an Indian tribe or a member of an Indian tribe; and (B) is allotted to a member of an Indian tribe.
“individually owned Navajo Indian allotted land” applies in that section
the term “individually owned Navajo Indian allotted land” means a single parcel of land that— (A) is located within the jurisdiction of the Navajo Nation; (B) is held in trust or restricted status by the United States for the benefit of Navajo Indians or members of another Indian tribe; and (C) was— (i) allotted to a Navajo Indian; or (ii) taken into trust or restricted status by the United States for an individual Indian;
“interested party” applies in that section
the term “interested party” means an Indian or non-Indian individual or corporation, or tribal or non-tribal government whose interests could be adversely affected by a tribal trust land leasing decision made by an applicable Indian tribe;
“Navajo Indians” applies in that section
the term “Navajo Indians” means members of the Navajo Tribe;
“Navajo Nation” applies in that section
the term “Navajo Nation” means the Navajo Nation government that is in existence on August 9, 1955 , or its successor;
“petition” applies in that section
the term “petition” means a written request submitted to the Secretary for the review of an action (or inaction) of an Indian tribe that is claimed to be in violation of the approved tribal leasing regulations;
“Secretary” applies in that section
the term “Secretary” means the Secretary of the Interior;
“tribal regulations” applies in that section
the term “tribal regulations” means regulations enacted in accordance with applicable tribal law and approved by the Secretary;
“offense” applies in that section
the term “offense” means a violation of a criminal law. (f) Effect of section Nothing in this section affects the obligation of the United States, or any State government that has been delegated authority by the United States, to investigate and prosecute any criminal violation in Indian country.
“assault of Tribal justice personnel” applies in that section
The term “assault of Tribal justice personnel” means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the use, attempted use, or threatened use of physical force against an individual authorized to act for, or on behalf of, that Indian tribe or serving that Indian tribe during, or because of, the performance or duties of that individual in— (A) preventing, detecting, investigating, making arrests relating to, making apprehensions for, or prosecuting a covered crime; (B) adjudicating, participating in the adjudication of, or supporting the adjudication of a covered crime; (C) detaining, providing …
“child” applies in that section
The term “child” means a person who has not attained the lesser of— (A) the age of 18; and (B) except in the case of sexual abuse, the age specified by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. (3) Child violence
“child violence” applies in that section
The term “child violence” means the use, threatened use, or attempted use of violence against a child proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. (4) Coercion; commercial sex act
“coercion” applies in that section
The terms “coercion” and “commercial sex act” have the meanings given the terms in section 1591(e) of title 18 . (5) Covered crime
“commercial sex act” applies in that section
The terms “coercion” and “commercial sex act” have the meanings given the terms in section 1591(e) of title 18 . (5) Covered crime
“covered crime” applies in that section
The term “covered crime” means— (A) assault of Tribal justice personnel; (B) child violence; (C) dating violence; (D) domestic violence; (E) obstruction of justice; (F) sexual violence; (G) sex trafficking; (H) stalking; and (I) a violation of a protection order. (6) Dating violence
“dating violence” applies in that section
The term “dating violence” means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. (7) Domestic violence
“domestic violence” applies in that section
The term “domestic violence” means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed by— (A) a current or former spouse or intimate partner of the victim; (B) a person with whom the victim shares a child in common; (C) a person who is cohabitating with or who has cohabitated with the victim as a spouse or intimate partner; or (D) a person similarly situated to a spouse of the victim under the domestic- or family-violence laws of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. (8) Indian country
“Indian country” applies in that section
The term “Indian country” has the meaning given the term in section 1151 of title 18 . (9) Obstruction of justice
“obstruction of justice” applies in that section
The term “obstruction of justice” means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves interfering with the administration or due process of the laws of the Indian tribe, including any Tribal criminal proceeding or investigation of a crime. (10) Participating tribe
“participating tribe” applies in that section
The term “participating tribe” means an Indian tribe that elects to exercise special Tribal criminal jurisdiction over the Indian country of that Indian tribe. (11) Protection order
“protection order” applies in that section
The term “protection order”— (A) means any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and (B) includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendent lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. (12) Sex trafficking
“sex trafficking” applies in that section
The term “sex trafficking” means conduct within the meaning of section 1591(a) of title 18 . (13) Sexual violence
“sexual violence” applies in that section
The term “sexual violence” means any nonconsensual sexual act or contact proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs, including in any case in which the victim lacks the capacity to consent to the act. (14) Special Tribal criminal jurisdiction
“special Tribal criminal jurisdiction” applies in that section
The term “special Tribal criminal jurisdiction” means the criminal jurisdiction that a participating tribe may exercise under this section but could not otherwise exercise. (15) Spouse or intimate partner
“spouse or intimate partner” applies in that section
The term “spouse or intimate partner” has the meaning given the term in section 2266 of title 18 . (16) Stalking
“stalking” applies in that section
The term “stalking” means engaging in a course of conduct directed at a specific person proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that would cause a reasonable person— (A) to fear for the person’s safety or the safety of others; or (B) to suffer substantial emotional distress. (17) Violation of a protection order
“victim” applies in that section
the term “victim” means a person specifically protected by a protection order that the defendant allegedly violated. (c) Criminal conduct A participating tribe may exercise special Tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Indian country of the participating tribe.
“violation of a protection order” applies in that section
The term “violation of a protection order” means an act that— (A) occurs in the Indian country of a participating tribe; and (B) violates a provision of a protection order that— (i) prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; (ii) was issued against the defendant; (iii) is enforceable by the participating tribe; and (iv) is consistent with section 2265(b) of title 18 .
“victim” applies in that section
the term “victim” means a person specifically protected by the protection order that the defendant allegedly violated. (d) Pilot program for special Tribal criminal jurisdiction over persons who are not Indians (1) Establishment Subject to title II of Public Law 90–284 ( 25 U.S.C. 1301 et seq.) (commonly known as the “Indian Civil Rights Act of 1968”), there is established a pilot program under which the Attorney General, subject to paragraph (5), shall designate not more than 5 Indian tribes per calendar year as participating Tribes to exercise the special Tribal criminal jurisdiction described in paragraph (6) over all persons present in the Village of the Indian tribe.
“Area office” applies throughout its chapter
The term “Area office” means an administrative entity including a program office, within the Indian Health Service through which services and funds are provided to the service units within a defined geographic area. (2) Behavioral health (A) In general
“behavioral health” applies throughout its chapter
The term “behavioral health” means the blending of substance (alcohol, drugs, inhalants, and tobacco) abuse and mental health disorders prevention and treatment for the purpose of providing comprehensive services. (B) Inclusions
“California Indian” applies throughout its chapter
The term “California Indian” means any Indian who is eligible for health services provided by the Service pursuant to section 1679 of this title . (4) Community college
“community college” applies throughout its chapter
The term “community college” means— (A) a tribal college or university; or (B) a junior or community college. (5) Contract health service
“contract health service” applies throughout its chapter
The term “contract health service” means any health service that is— (A) delivered based on a referral by, or at the expense of, an Indian health program; and (B) provided by a public or private medical provider or hospital that is not a provider or hospital of the Indian health program. (6) Department The term “Department”, unless otherwise designated, means the Department of Health and Human Services. (7) Disease prevention (A) In general
“disease prevention” applies throughout its chapter
The term “disease prevention” means any activity for— (i) the reduction, limitation, and prevention of— (I) disease; and (II) complications of disease; and (ii) the reduction of consequences of disease. (B) Inclusions
“FAE” applies throughout its chapter
The term “FAE” means fetal alcohol effect. (9) FAS
“FAS” applies throughout its chapter
The term “fetal alcohol syndrome” or “FAS” means a syndrome in which, with a history of maternal alcohol consumption during pregnancy, the following criteria are met: (A) Central nervous system involvement such as mental retardation, developmental delay, intellectual deficit, microencephaly, or neurologic abnormalities. (B) Craniofacial abnormalities with at least 2 of the following: microophthalmia, short palpebral fissures, poorly developed philtrum, thin upper lip, flat nasal bridge, and short upturned nose. (C) Prenatal or postnatal growth delay. (10) Health profession
“fetal alcohol syndrome” applies throughout its chapter
The term “fetal alcohol syndrome” or “FAS” means a syndrome in which, with a history of maternal alcohol consumption during pregnancy, the following criteria are met: (A) Central nervous system involvement such as mental retardation, developmental delay, intellectual deficit, microencephaly, or neurologic abnormalities. (B) Craniofacial abnormalities with at least 2 of the following: microophthalmia, short palpebral fissures, poorly developed philtrum, thin upper lip, flat nasal bridge, and short upturned nose. (C) Prenatal or postnatal growth delay. (10) Health profession
“Health profession” applies throughout its chapter
The term “Health profession” means allopathic medicine, family medicine, internal medicine, pediatrics, geriatric medicine, obstetrics and gynecology, podiatric medicine, nursing, public health nursing, dentistry, psychiatry, osteopathy, optometry, pharmacy, psychology, public health, social work, marriage and family therapy, chiropractic medicine, environmental health and engineering, an allied health profession, or any other health profession. (11) Health promotion
“health promotion” applies throughout its chapter
The term “health promotion” means any activity for— (A) fostering social, economic, environmental, and personal factors conducive to health, including raising public awareness regarding health matters and enabling individuals to cope with health problems by increasing knowledge and providing valid information; (B) encouraging adequate and appropriate diet, exercise, and sleep; (C) promoting education and work in accordance with physical and mental capacity; (D) making available safe water and sanitary facilities; (E) improving the physical, economic, cultural, psychological, and social environment; (F) promoting culturally competent care; and (G) providing adequate and appropriate programs, …
“Indian health program” applies throughout its chapter
The term “Indian health program” means— (A) any health program administered directly by the Service; (B) any tribal health program; and (C) any Indian tribe or tribal organization to which the Secretary provides funding pursuant to section 47 of this title .
“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 group 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. (15) Junior or community college
“junior or community college” applies throughout its chapter
The term “junior or community college” has the meaning given the term in section 1058(e) 1 of title 20. (16) Reservation (A) In general
“reservation” applies throughout its chapter
The term “reservation” means a reservation, Pueblo, or colony of any Indian tribe. (B) Inclusions
“Service” applies throughout its chapter
The term “Service” means the Indian Health Service. (19) Service area
“Service area” applies throughout its chapter
The term “Service area” means the geographical area served by each area office. (20) Service unit
“Service unit” applies throughout its chapter
The term “Service unit” means an administrative entity of the Service or a tribal health program through which services are provided, directly or by contract, to eligible Indians within a defined geographic area. (21) Substance abuse
“Substance abuse” applies throughout its chapter
The term “Substance abuse” includes inhalant abuse. (22) Telehealth
“telehealth” applies throughout its chapter
The term “telehealth” has the meaning given the term in section 254c–16(a) of title 42 . (23) Telemedicine
“telemedicine” applies throughout its chapter
The term “telemedicine” means a telecommunications link to an end user through the use of eligible equipment that electronically links health professionals or patients and health professionals at separate sites in order to exchange health care information in audio, video, graphic, or other format for the purpose of providing improved health care services. (24) Tribal college or university
“tribal college or university” applies throughout its chapter
The term “tribal college or university” has the meaning given the term in section 1059c(b) of title 20 . (25) Tribal health program
“tribal health program” applies throughout its chapter
The term “tribal health program” means an Indian tribe or tribal organization that operates any health program, service, function, activity, or facility funded, in whole or part, by the Service through, or provided for in, a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.). 1 (26) Tribal organization
“tribal organization” applies throughout its chapter
The term “tribal organization” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 1 (27) Urban center
“Urban center” applies throughout its chapter
The term “Urban center” means any community which has a sufficient urban Indian population with unmet health needs to warrant assistance under subchapter IV, as determined by the Secretary. (28) Urban Indian
“Urban Indian” applies throughout its chapter
The term “Urban Indian” means any individual who resides in an urban center, as defined in subsection (g) hereof, 1 and who meets one or more of the four criteria in subsection (c)(1) through (4) of this section. 1 (29) Urban Indian organization
“Urban Indian organization” applies throughout its chapter
The term “Urban Indian organization” means a nonprofit corporate body situated in an urban center, governed by an urban Indian controlled board of directors, and providing for the maximum participation of all interested Indian groups and individuals, which body is capable of legally cooperating with other public and private entities for the purpose of performing the activities described in section 1653(a) of this title .
“Indian health program” applies in that section
the term “Indian health program” means any health program or facility funded, in whole or part, by the Service for the benefit of Indians and administered— (i) directly by the Service; (ii) by any Indian tribe or tribal or Indian organization pursuant to a contract under— (I) the Indian Self-Determination Act [ 25 U.S.C. 5321 et seq.], or (II) section 23 of the Act of April 30, 1908 1 ( 25 U.S.C. 47 ), popularly known as the “Buy-Indian” Act; or (iii) by an urban Indian organization pursuant to subchapter IV of this chapter; and;
“State” applies in that section
the term “State” has the same meaning given such term in section 254d(i)(4) 1 of title 42. (b) Eligibility To be eligible to participate in the Loan Repayment Program, an individual must— (1) (A) be enrolled— (i) in a course of study or program in an accredited institution, as determined by the Secretary, within any State and be scheduled to complete such course of study in the same year such individual applies to participate in such program; or (ii) in an approved graduate training program in a health profession; or (B) have— (i) a degree in a health profession; and (ii) a license to practice a health profession in a State; (2) (A) be eligible for, or hold, an appointment as a commissioned …
“community college” applies in that section
The term “community college” means— (A) a junior or community college that is a tribally controlled college or university, or (B) a junior or community college.;
“junior or community college” applies in that section
The term “junior or community college” has the meaning given to such term by section 1058(e) 1 of title 20.
“tribally controlled college or university” applies in that section
The term “tribally controlled college or university” has the meaning given to such term by section 1801(a)(4) of this title .;
“health status and resource deficiency” applies in that section
The term “health status and resource deficiency” means the extent to which— (A) the health status objectives set forth in sections 1602(1) and 1602(2) of this title are not being achieved; and (B) the Indian tribe or tribal organization does not have available to it the health resources it needs, taking into account the actual cost of providing health care services given local geographic, climatic, rural, or other circumstances.
“assisted living service” applies in that section
The term “assisted living service” means any service provided by an assisted living facility (as defined in section 1715w(b) of title 12 ), except that such an assisted living facility— (A) shall not be required to obtain a license; but (B) shall meet all applicable standards for licensure. (2) Home- and community-based service
“home- and community-based service” applies in that section
The term “home- and community-based service” means 1 or more of the services specified in paragraphs (1) through (9) of section 1396t(a) of title 42 (whether provided by the Service or by an Indian tribe or tribal organization pursuant to the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.)) 1 that are or will be provided in accordance with applicable standards. (3) Hospice care
“hospice care” applies in that section
The term “hospice care” means— (A) the items and services specified in subparagraphs (A) through (H) of section 1395x(dd)(1) of title 42 ; and (B) such other services as an Indian tribe or tribal organization determines are necessary and appropriate to provide in furtherance of that care. (4) Long-term care services
“long-term care services” applies in that section
The term “long-term care services” has the meaning given the term “qualified long-term care services” in section 7702B(c) of title 26 . (b) Funding authorized The Secretary, acting through the Service, Indian tribes, and tribal organizations, may provide funding under this chapter to meet the objectives set forth in section 1602 of this title through health care-related services and programs not otherwise described in this chapter for the following services: (1) Hospice care. (2) Assisted living services. (3) Long-term care services. (4) Home- and community-based services.
“high-cost contract care cases” applies in that section
the term “high-cost contract care cases” means those cases in which the cost of the medical treatment provided to an individual— (1) would otherwise be eligible for reimbursement from the Catastrophic Health Emergency Fund established under section 1621a of this title , except that the cost of such treatment does not meet the threshold cost requirement established pursuant to section 1621a(b)(2) 1 of this title; and (2) exceeds $1,000.
“qualified escort” applies in that section
the term “qualified escort” means— (1) an adult escort (including a parent, guardian, or other family member) who is required because of the physical or mental condition, or age, of the applicable patient; (2) a health professional for the purpose of providing necessary medical care during travel by the applicable patient; or (3) other escorts, as the Secretary or applicable Indian Health Program determines to be appropriate.
“Facilities Appropriation Advisory Board” applies in that section
The term “Facilities Appropriation Advisory Board” means the advisory board, comprised of 12 members representing Indian tribes and 2 members representing the Service, established at the discretion of the Director— (aa) to provide advice and recommendations for policies and procedures of the programs funded pursuant to facilities appropriations; and (bb) to address other facilities issues. (II) Facilities Needs Assessment Workgroup
“Facilities Needs Assessment Workgroup” applies in that section
The term “Facilities Needs Assessment Workgroup” means the workgroup established at the discretion of the Director— (aa) to review the health care facilities construction priority system; and (bb) to make recommendations to the Facilities Appropriation Advisory Board for revising the priority system.
“Federal share” applies in that section
the term “Federal share” means 80 percent of the costs described in paragraph (1). (3) With respect to Indian tribes with fewer than 1,000 enrolled members, the non-Federal portion of the costs of operating, managing, and maintaining such facilities may be provided, in part, through cash donations or in kind property, fairly evaluated. (f) Eligibility of programs administered by Indian tribes Programs administered by Indian tribes or tribal organizations under the authority of the Indian Self-Determination Act [ 25 U.S.C.
“construction” applies in that section
the term “construction” includes the replacement of an existing facility. (2) A grant under paragraph (1) may only be made to a tribe or tribal organization operating an Indian health facility (other than a facility owned or constructed by the Service, including a facility originally owned or constructed by the Service and transferred to a tribe or tribal organization) pursuant to a contract entered into under the Indian Self-Determination Act [ 25 U.S.C. 5321 et seq.].
“convenient care service” applies in that section
the term “convenient care service” means any primary health care service, such as urgent care services, nonemergent care services, prevention services and screenings, and any service authorized by section 1621b of this title or 1621d(d) of this title, that is offered— (A) at an alternative setting; or (B) during hours other than regular working hours. (2) General projects (A) Criteria The Secretary may approve under this section demonstration projects that meet the following criteria: (i) There is a need for a new facility or program, such as a program for convenient care services, or an improvement in, increased efficiency at, or reorientation of an existing facility or program.
“Buy American Act” applies in that section
the term “Buy American Act” means title III of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934 , and for other purposes”, approved March 3, 1933 ( 41 U.S.C. 10a et seq.) 1 .
“sanitation facility” applies in that section
the term “sanitation facility” means a safe and adequate water supply system, sanitary sewage disposal system, or sanitary solid waste system (including all related equipment and support infrastructure).
“modular component health care facility” applies in that section
the term “modular component health care facility” means a health care facility that is constructed— (1) off-site using prefabricated component units for subsequent transport to the destination location; and (2) represents 1 a more economical method for provision of health care facility 2 than a traditionally constructed health care building. (b) Establishment The Secretary, acting through the Service, shall establish a demonstration program under which the Secretary shall award no less than 3 grants for purchase, installation and maintenance of modular component health care facilities in Indian communities for provision of health care services.
“eligible tribal consortium” applies in that section
The term “eligible tribal consortium” means a consortium composed of 2 or more Service units between which a mobile health station can be transported by road in up to 8 hours. A Service unit operated by the Service or by an Indian tribe or tribal organization shall be equally eligible for participation in such consortium. (2) Mobile health station
“mobile health station” applies in that section
The term “mobile health station” means a health care unit that— (A) is constructed, maintained, and capable of being transported within a semi-trailer truck or similar vehicle; (B) is equipped for the provision of 1 or more specialty health care services; and (C) can be equipped to be docked to a stationary health care facility when appropriate. (3) Specialty health care service (A) In general
“specialty health care service” applies in that section
The term “specialty health care service” means a health care service which requires the services of a health care professional with specialized knowledge or experience. (B) Inclusions
“cost sharing” applies in that section
The term “cost sharing” includes any deduction, deductible, copayment, coinsurance, or similar charge.
“premium” applies in that section
The term “premium” includes any enrollment fee or similar charge. (2) Cost sharing
“eligible Indian veteran” applies in that section
The term “eligible Indian veteran” means an Indian or Alaska Native veteran who receives any medical service that is— (A) authorized under the laws administered by the Secretary of Veterans Affairs; and (B) administered at a facility of the Service (including a facility operated by an Indian tribe or tribal organization through a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.)) 1 pursuant to a local memorandum of understanding. (2) Local memorandum of understanding
“local memorandum of understanding” applies in that section
The term “local memorandum of understanding” means a memorandum of understanding between the Secretary (or a designee, including the director of any area office of the Service) and the Secretary of Veterans Affairs (or a designee) to implement the document entitled “Memorandum of Understanding Between the VA/Veterans Health Administration And HHS/Indian Health Service” and dated February 25, 2003 (relating to cooperation and resource sharing between the Veterans Health Administration and Indian Health Service).
“immunization services” applies in that section
the term “immunization services” means services to provide without charge immunizations against vaccine-preventable diseases. (e) Grants for mental health services (1) The Secretary, acting through the Service, shall facilitate access to, or provide, mental health services for urban Indians through grants made to urban Indian organizations administering contracts entered into pursuant to this section or receiving grants under subsection (a).
“confer” applies in that section
the term “confer” means to engage in an open and free exchange of information and opinions that— (1) leads to mutual understanding and comprehension; and (2) emphasizes trust, respect, and shared responsibility. (b) Requirement The Secretary shall ensure that the Service confers, to the maximum extent practicable, with urban Indian organizations in carrying out this chapter.
“operations funds” applies in that section
the term “operations funds” means only the funds used for— (A) the administration of services, including functional expenses such as overtime, personnel salaries, and associated benefits; or (B) related tasks that directly affect the operations described in subparagraph (A). (2) Withholding of funds If the Secretary fails to submit a plan in accordance with subsection (a), the Secretary shall withhold the operations funds reserved for the Office of the Director, subject to the condition that the withholding shall not adversely impact the capacity of the Service to deliver health care services.
“alcohol-related neurodevelopmental disorders” applies throughout its part
The term “alcohol-related neurodevelopmental disorders” or “ARND” means, with a history of maternal alcohol consumption during pregnancy, central nervous system abnormalities, which may range from minor intellectual deficits and developmental delays to mental retardation. ARND children may have behavioral problems, learning disabilities, problems with executive functioning, and attention disorders. The neurological defects of ARND may be as severe as FAS, but facial anomalies and other physical characteristics are not present in ARND, thus making diagnosis difficult. (2) Assessment
“ARND” applies throughout its part
The term “alcohol-related neurodevelopmental disorders” or “ARND” means, with a history of maternal alcohol consumption during pregnancy, central nervous system abnormalities, which may range from minor intellectual deficits and developmental delays to mental retardation. ARND children may have behavioral problems, learning disabilities, problems with executive functioning, and attention disorders. The neurological defects of ARND may be as severe as FAS, but facial anomalies and other physical characteristics are not present in ARND, thus making diagnosis difficult. (2) Assessment
“assessment” applies throughout its part
The term “assessment” means the systematic collection, analysis, and dissemination of information on health status, health needs, and health problems. (3) Behavioral health aftercare
“behavioral health aftercare” applies throughout its part
The term “behavioral health aftercare” includes those activities and resources used to support recovery following inpatient, residential, intensive substance abuse, or mental health outpatient or outpatient treatment. The purpose is to help prevent or deal with relapse by ensuring that by the time a client or patient is discharged from a level of care, such as outpatient treatment, an aftercare plan has been developed with the client. An aftercare plan may use such resources as a community-based therapeutic group, transitional living facilities, a 12-step sponsor, a local 12-step or other related support group, and other community-based providers. (4) Dual diagnosis
“dual diagnosis” applies throughout its part
The term “dual diagnosis” means coexisting substance abuse and mental illness conditions or diagnosis. Such clients are sometimes referred to as mentally ill chemical abusers (MICAs). (5) Fetal alcohol spectrum disorders (A) In general
“FAS” applies throughout its part
The term “FAS” or “fetal alcohol syndrome” means a syndrome in which, with a history of maternal alcohol consumption during pregnancy, the following criteria are met: (A) Central nervous system involvement, such as mental retardation, developmental delay, intellectual deficit, microencephaly, or neurological abnormalities. (B) Craniofacial abnormalities with at least 2 of the following: (i) Microophthalmia. (ii) Short palpebral fissures. (iii) Poorly developed philtrum. (iv) Thin upper lip. (v) Flat nasal bridge. (vi) Short upturned nose. (C) Prenatal or postnatal growth delay. (7) Rehabilitation
“fetal alcohol spectrum disorders” applies throughout its part
The term “fetal alcohol spectrum disorders” includes a range of effects that can occur in an individual whose mother drank alcohol during pregnancy, including physical, mental, behavioral, and/or learning disabilities with possible lifelong implications. (B) Inclusions The term “fetal alcohol spectrum disorders” may include— (i) fetal alcohol syndrome (FAS); (ii) partial fetal alcohol syndrome (partial FAS); (iii) alcohol-related birth defects (ARBD); and (iv) alcohol-related neurodevelopmental disorders (ARND). (6) FAS or fetal alcohol syndrome
“fetal alcohol syndrome” applies throughout its part
The term “FAS” or “fetal alcohol syndrome” means a syndrome in which, with a history of maternal alcohol consumption during pregnancy, the following criteria are met: (A) Central nervous system involvement, such as mental retardation, developmental delay, intellectual deficit, microencephaly, or neurological abnormalities. (B) Craniofacial abnormalities with at least 2 of the following: (i) Microophthalmia. (ii) Short palpebral fissures. (iii) Poorly developed philtrum. (iv) Thin upper lip. (v) Flat nasal bridge. (vi) Short upturned nose. (C) Prenatal or postnatal growth delay. (7) Rehabilitation
“rehabilitation” applies throughout its part
The term “rehabilitation” means medical and health care services that— (A) are recommended by a physician or licensed practitioner of the healing arts within the scope of their practice under applicable law; (B) are furnished in a facility, home, or other setting in accordance with applicable standards; and (C) have as their purpose any of the following: (i) The maximum attainment of physical, mental, and developmental functioning. (ii) Averting deterioration in physical or mental functional status. (iii) The maintenance of physical or mental health functional status. (8) Substance abuse
“substance abuse” applies throughout its part
The term “substance abuse” includes inhalant abuse.
“Administration” applies throughout its part
The term “Administration” means the Substance Abuse and Mental Health Services Administration. (2) Demonstration project
“demonstration project” applies throughout its part
The term “demonstration project” means the Indian youth telemental health demonstration project authorized under section 1667b(a) of this title . (3) Telemental health
“telemental health” applies throughout its part
The term “telemental health” means the use of electronic information and telecommunications technologies to support long-distance mental health care, patient and professional-related education, public health, and health administration.
“affected entity” applies in that section
the term “affected entity” means any entity— (A) that receives a grant for suicide intervention, prevention, or treatment under a program administered by the Administration; and (B) the population to be served by which includes Indian youth.
“affected State” applies in that section
The term “affected State” means a State— (I) the boundaries of which include 1 or more Indian tribes; and (II) the application for a grant under any program administered by the Administration of which includes statewide data. (ii) Indian population
“Indian population” applies in that section
The term “Indian population” means the total number of residents of an affected State who are Indian. (B) Requirements As a condition of receipt of a grant under any program administered by the Administration, each affected State shall— (i) describe in the grant application— (I) the Indian population of the affected State; and (II) the contribution of that Indian population to the statewide data used by the affected State in the application; and (ii) demonstrate to the satisfaction of the Secretary that— (I) of the total amount of the grant, the affected State will allocate for use for the Indian population of the affected State an amount equal to the proportion that— (aa) the Indian …
“curriculum” applies in that section
The term “curriculum” means the culturally compatible, school-based, life skills curriculum for the prevention of Indian and Alaska Native adolescent suicide identified by the Secretary under paragraph (2)(A). (B) Eligible entity
“eligible entity” applies in that section
The term “eligible entity” means— (i) an Indian tribe; (ii) a tribal organization; (iii) any other tribally authorized entity; and (iv) any partnership composed of 2 or more entities described in clause (i), (ii), or (iii).
“health care provider” applies in that section
The term “health care provider” means any health care professional, including community health aides and practitioners certified under section 1616 l of this title, who is— (A) granted clinical practice privileges or employed to provide health care services at— (i) an Indian health program; or (ii) a health program of an urban Indian organization; and (B) licensed or certified to perform health care services by a governmental board or agency or professional health care society or organization. (2) Medical quality assurance program
“medical quality assurance program” applies in that section
The term “medical quality assurance program” means any activity carried out before, on, or after March 23, 2010 , by or for any Indian health program or urban Indian organization to assess the quality of medical care, including activities conducted by or on behalf of individuals, Indian health program or urban Indian organization medical or dental treatment review committees, or other review bodies responsible for quality assurance, credentials, infection control, patient safety, patient care assessment (including treatment procedures, blood, drugs, and therapeutics), medical records, health resources management review, and identification and prevention of medical or dental incidents and …
“medical quality assurance record” applies in that section
The term “medical quality assurance record” means the proceedings, records, minutes, and reports that— (A) emanate from quality assurance program activities described in paragraph (2); and (B) are produced or compiled by or for an Indian health program or urban Indian organization as part of a medical quality assurance program. (b) Confidentiality of records Medical quality assurance records created by or for any Indian health program or a health program of an urban Indian organization as part of a medical quality assurance program are confidential and privileged. Such records may not be disclosed to any person or entity, except as provided in subsection (d).
“eligible Indian” applies in that section
the term “eligible Indian” means any Indian who is eligible for health services provided by the Service without regard to the provisions of this section.
“non-Service health care practitioner” applies in that section
the term “non-Service health care practitioner” means a practitioner who is not— (A) an employee of the Service; or (B) an employee of an Indian tribe or tribal organization operating a contract or compact under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.) 1 or an individual who provides health care services pursuant to a personal services contract with such Indian tribe or tribal organization. (f) Eligible Indian For purposes of this section,
“Indian lands” applies in that section
the term “Indian lands” means— (1) all lands within the limits of any Indian reservation; and (2) any lands title which is held in trust by the United States for the benefit of any Indian tribe or individual Indian, or held by any Indian tribe or individual Indian subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental power.
“Alaska Native” applies in that section
The term “Alaska Native” means a person who is a member of any Native village, Village Corporation, or Regional Corporation (as those terms are defined in section 1602 of title 43 ). (2) Commissioner
“Commissioner” applies in that section
The term “Commissioner” means the Commissioner of Food and Drugs. (3) Food service program
“food service program” applies in that section
The term “food service program” includes— (A) food service at residential child care facilities that have a license from an appropriate State agency; (B) any child nutrition program (as that term is defined in section 1769f(b) of title 42 ); (C) food service at hospitals, clinics, and long-term care facilities; and (D) senior meal programs. (4) Indian; Indian tribe
“Indian” applies in that section
The terms “Indian” and “Indian tribe” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 1 (5) Traditional food (A) In general
“Indian tribe” applies in that section
The terms “Indian” and “Indian tribe” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 1 (5) Traditional food (A) In general
“traditional food” applies in that section
The term “traditional food” means food that has traditionally been prepared and consumed by an Indian tribe. (B) Inclusions
“tribal organization” applies in that section
The term “tribal organization” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 1 (c) Program The Secretary and the Commissioner shall allow the donation to and serving of traditional food through food service programs at public facilities and nonprofit facilities, including facilities operated by Indian tribes and facilities operated by tribal organizations, that primarily serve Indians if the operator of the food service program— (1) ensures that the food is received whole, gutted, gilled, as quarters, or as a roast, without further processing; (2) makes a reasonable determination that— (A) the animal was not …
“reconstruction” applies in that section
the term “reconstruction” has the meaning provided in the first sentence of subparagraph (B) of section 1132e–1(2) 1 of title 20.
“academic facilities” applies in that section
the term “academic facilities” has the meaning provided such term under section 1132e–1(1) 1 of title 20.
“construction” applies in that section
the term “construction” includes reconstruction or renovation (as such terms are defined in the first sentence of subparagraph (B) of section 1132e–1(2) 1 of title 20); and;
“trust fund” applies in that section
the term “trust fund” means a fund established by an institution of higher education or by a foundation that is exempt from taxation and is maintained for the purpose of generating income for the support of the institution, and may include real estate; (2) provides for the deposit in such trust fund of— (A) any Federal capital contributions made from funds appropriated under section 1836 of this title ; (B) a capital contribution by such college or university in an amount (or of a value) equal to half of the amount of each Federal capital contribution; and (C) any earnings of the funds so deposited; (3) provides that such funds will be deposited in such a manner as to insure the …
“tribally controlled postsecondary career and technical institution” applies throughout its subchapter
the term “tribally controlled postsecondary career and technical institution” has the meaning given the term in section 2302 of title 20 .
“Indian” applies in that section
the term “Indian” shall include persons defined in section 1603(c) 1 of this title.
“corrective action” applies in that section
the term “corrective action” means any action that— (i) substantially and directly responds to— (I) the failure of a school to achieve accreditation; and (II) any underlying staffing, curriculum, or other programmatic problem in the school that contributed to the lack of accreditation; and (ii) is designed to increase substantially the likelihood that the school will be accredited.
“regulation” applies in that section
the term “regulation” means any rule, regulation, guideline, interpretation, order, or requirement of general applicability prescribed by any officer or employee of the executive branch.
“temporary” applies in that section
the term “temporary” means— (i) with respect to a school that is to be closed for not more than 1 year, 3 months or less; and (ii) with respect to a school that is to be closed for not less than 1 year, a time period determined appropriate by the Bureau. (3) Treatment of closure Any closure of a Bureau-funded school under this subsection for a period that exceeds 30 days but is less than 1 year, shall be treated by the Bureau as an emergency facility improvement and repair project.
“functions” applies in that section
the term “functions” includes powers and duties.
“eligible Indian student” applies in that section
the term “eligible Indian student” means a student who— (1) is a member of, or is at least one-fourth degree Indian blood descendant of a member of, a tribe that is eligible for the special programs and services provided by the United States through the Bureau to Indians because of their status as Indians; (2) resides on or near a reservation or meets the criteria for attendance at a Bureau off-reservation home-living school; and (3) is enrolled in a Bureau-funded school. (g) Tuition (1) In general No eligible Indian student or a student attending a Bureau school under paragraph (2)(C) may be charged tuition for attendance at a Bureau school or contract or grant school.
“administrative cost” applies in that section
The term “administrative cost” means the cost of necessary administrative functions which— (i) the tribe or tribal organization incurs as a result of operating a tribal elementary or secondary educational program; (ii) are not customarily paid by comparable Bureau-operated programs out of direct program funds; and (iii) are either— (I) normally provided for comparable Bureau programs by Federal officials using resources other than Bureau direct program funds; or (II) are otherwise required of tribal self-determination program operators by law or prudent management practice.
“Bureau elementary and secondary functions” applies in that section
The term “Bureau elementary and secondary functions” means— (A) all functions funded at Bureau schools by the Office; (B) all programs— (i) funds for which are appropriated to other agencies of the Federal Government; and (ii) which are administered for the benefit of Indians through Bureau schools; and (C) all operation, maintenance, and repair funds for facilities and Government quarters used in the operation or support of elementary and secondary education functions for the benefit of Indians, from whatever source derived.
“maximum base rate” applies in that section
The term “maximum base rate” means 50 percent. (5) Minimum base rate
“minimum base rate” applies in that section
The term “minimum base rate” means 11 percent. (6) Standard direct cost base
“standard direct cost base” applies in that section
The term “standard direct cost base” means $600,000. (7) Tribal elementary or secondary educational programs
“tribal elementary or secondary educational programs” applies in that section
The term “tribal elementary or secondary educational programs” means all Bureau elementary and secondary functions, together with any other Bureau programs or portions of programs (excluding funds for social services that are appropriated to agencies other than the Bureau and are funded through the Bureau, funds for major subcontracts, construction, and other major capital expenditures, and unexpended funds carried over from prior years) which share common administrative cost functions, that are operated directly by a tribe or tribal organization under a contract, grant, or agreement with the Bureau.