§ 1679. — Eligibility of California Indians.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1679]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER VI--MISCELLANEOUS
Sec. 1679. Eligibility of California Indians
(a) Report to Congress
(1) In order to provide the Congress with sufficient data to
determine which Indians in the State of California should be eligible
for health services provided by the Service, the Secretary shall, by no
later than the date that is 3 years after November 23, 1988, prepare and
submit to the Congress a report which sets forth--
(A) a determination by the Secretary of the number of Indians
described in subsection (b)(2) of this section, and the number of
Indians described in subsection (b)(3) of this section, who are not
members of an Indian tribe recognized by the Federal Government,
(B) the geographic location of such Indians,
(C) the Indian tribes of which such Indians are members,
(D) an assessment of the current health status, and health care
needs, of such Indians, and
(E) an assessment of the actual availability and accessibility
of alternative resources for the health care of such Indians that
such Indians would have to rely on if the Service did not provide
for the health care of such Indians.
(2) The report required under paragraph (1) shall be prepared by the
Secretary--
(A) in consultation with the Secretary of the Interior, and
(B) with the assistance of the tribal health programs providing
services to the Indians described in paragraph (2) or (3) of
subsection (b) of this section who are not members of any Indian
tribe recognized by the Federal Government.
(b) Eligible Indians
Until such time as any subsequent law may otherwise provide, the
following California Indians shall be eligible for health services
provided by the Service:
(1) Any member of a federally recognized Indian tribe.
(2) Any descendant of an Indian who was residing in California
on June 1, 1852, but only if such descendant--
(A) is living in California,
(B) is a member of the Indian community served by a local
program of the Service, and
(C) is regarded as an Indian by the community in which such
descendant lives.
(3) Any Indian who holds trust interests in public domain,
national forest, or Indian reservation allotments in California.
(4) Any Indian in California who is listed on the plans for
distribution of the assets of California rancherias and reservations
under the Act of August 18, 1958 (72 Stat. 619), and any descendant
of such an Indian.
(c) Scope of eligibility
Nothing in this section may be construed as expanding the
eligibility of California Indians for health services provided by the
Service beyond the scope of eligibility for such health services that
applied on May 1, 1986.
(Pub. L. 94-437, title VIII, Sec. 809, formerly title VII, Sec. 709, as
added Pub. L. 96-537, Sec. 8(b), Dec. 17, 1980, 94 Stat. 3181; amended
Pub. L. 100-713, title VII, Sec. 703, Nov. 23, 1988, 102 Stat. 4827;
renumbered title VIII, Sec. 809, Pub. L. 102-573, title VII,
Sec. 701(a), (b), Oct. 29, 1992, 106 Stat. 4572.)
References in Text
Act of August 18, 1958, referred to in subsec. (b)(4), is Pub. L.
85-671, Aug. 18, 1958, 72 Stat. 619, which was not classified to the
Code.
Amendments
1988--Pub. L. 100-713 inserted section catchline and amended text
generally. Prior to amendment, text read as follows: ``Indians in the
State of California who are members or descendants of members of former
federally recognized tribes of the State of California shall be eligible
for services from the Service in the fiscal years beginning with the
fiscal year ending September 30, 1982, and ending with the fiscal year
ending September 30, 1984.''
Section Referred to in Other Sections
This section is referred to in section 1621j of this title.
