Title 25 — Indians
Chapter 38A — Indian Tribal Justice Technical and Legal Assistance
§ 3653. Definitions
Statutory text
For purposes of this chapter:
Attorney General
The term “Attorney General” means the Attorney General of the United States.
Director
The term “Director” means the Director of the Office of Tribal Justice.
Indian lands
The term “Indian lands” shall include lands within the definition of “Indian country”, as defined in section 1151 of title 18; or “Indian reservations”, as defined in section 1452(d) of this title, or section 1903(10) of this title. For purposes of the preceding sentence, such section 1452(d) of this title shall be applied by treating the term “former Indian reservations in Oklahoma” as including only lands which are within the jurisdictional area of an Oklahoma Indian Tribe (as determined by the Secretary of the Interior) and are recognized by such Secretary as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on ).
Indian tribe
The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community which administers justice or plans to administer justice under its inherent authority or the authority of the United States and which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians.
Judicial personnel
The term “judicial personnel” means any judge, magistrate, court counselor, court clerk, court administrator, bailiff, probation officer, officer of the court, dispute resolution facilitator, or other official, employee, or volunteer within the tribal judicial system.
Non-profit entities
The term “non-profit entity” or “non-profit entities” has the meaning given that term in section 501(c)(3) of title 26.
Office of Tribal Justice
The term “Office of Tribal Justice” means the Office of Tribal Justice in the United States Department of Justice.
Tribal justice system
The term “tribal court”, “tribal court system”, or “tribal justice system” means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and fora for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Indian Tribal Justice Technical and Legal Assistance Act of 2000
Pub. L. 106–559 § 4 · 114 Stat. 2778
Enacted · 25 U.S.C. § 3653
Pub. L. 106–559, § 4, Dec. 21, 2000, 114 Stat. 2779
Source evidence
Code source credit
Pub. L. 106–559, § 4, Dec. 21, 2000, 114 Stat. 2779Enacted provision · exact public law section
SEC. 4. DEFINITIONS. For purposes of this Act: (1) Attorney general.— The term “Attorney General” means the Attorney General of the United States. (2) Indian lands.— The term “Indian lands” shall include lands within the definition of “Indian country”, as defined in section 1151 of title 18, United States Code; or “Indian reservations”, as defined in section 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)), or section 4(10) of the Indian Child Welfare Act (25 U.S.C 1903(10)). For purposes of the preceding sentence, such section 3(d) of the Indian Financing Act shall be applied by treating the term “former Indian reservations in Oklahoma” as including only lands which are within the jurisdictional area of an Oklahoma Indian Tribe (as determined by the Secretary of the Interior) and are recognized by such Secretary as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this sentence). (3) Indian tribe.— The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community which administers justice or plans to administer justice under its inherent authority or the authority of the United States and which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians. (4) Judicial personnel.— The term “judicial personnel” means any judge, magistrate, court counselor, court clerk, court administrator, bailiff, probation officer, officer of the court, dispute resolution facilitator, or other official, employee, or volunteer within the tribal judicial system. (5) Non-profit entities.— The term “non-profit entity” or “non-profit entities” has the meaning given that term in section 501(c)(3) of the Internal Revenue Code of 1986. (6) Office of tribal justice.— The term “Office of Tribal Justice” means the Office of Tribal Justice in the United States Department of Justice. (7) Tribal justice system.— The term “tribal court”, “tribal court system”, or “tribal justice system” means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and fora for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record.Tribal Law and Order Act of 2010
Pub. L. 111–211 title II § 214(a)(1) · 124 Stat. 2258
Added · 25 U.S.C. § 3653(2)(8)
Pub. L. 111–211 added par. (2)
Redesignated · 25 U.S.C. § 3653(2)(8)
Pub. L. 111–211 redesignated former pars. (2) to (7) as (3) to (8), respectively
Source evidence
Code amendment note
Pars. (2) to (8). Pub. L. 111–211 added par. (2) and redesignated former pars. (2) to (7) as (3) to (8), respectively.Enacted provision · exact public law section
(1) Definitions.— Section 4 of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) is amended— (A) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and (B) by inserting after paragraph (1) the following: “(2) Director.— The term ‘Director’ means the Director of the Office of Tribal Justice.” .
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments
2010—Pars. (2) to (8). Pub. L. 111–211 added par. (2) and redesignated former pars. (2) to (7) as (3) to (8), respectively.
Credits
2000–2010 · 2 acts
- 2000Pub. L. 106–559, § 4, , 114 Stat. 2779
- 2010Pub. L. 111–211, title II, § 214(a)(1), , 124 Stat. 2270.
Show as published
(Pub. L. 106–559, § 4, , 114 Stat. 2779; Pub. L. 111–211, title II, § 214(a)(1), , 124 Stat. 2270.)