§ 479a. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC479a]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER V--PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES
Sec. 479a. Definitions
For the purposes of this title: \1\
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(1) The term ``Secretary'' means the Secretary of the Interior.
(2) 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.
(3) The term ``list'' means the list of recognized tribes
published by the Secretary pursuant to section 479a-1 of this title.
(Pub. L. 103-454, title I, Sec. 102, Nov. 2, 1994, 108 Stat. 4791.)
References in Text
This title, referred to in introductory provisions, is title I of
Pub. L. 103-454, Nov. 2, 1994, 108 Stat. 4791, which enacted this
section, section 479a-1 of this title, and provisions set out as notes
below. For complete classification of this title to the Code, see Short
Title note below and Tables.
Short Title
Section 101 of title I of Pub. L. 103-454 provided that: ``This
title [enacting this section and section 479a-1 of this title and
provisions set out below] may be cited as the `Federally Recognized
Indian Tribe List Act of 1994'.''
Congressional Findings
Section 103 of Pub. L. 103-454 provided that: ``The Congress finds
that--
``(1) the Constitution, as interpreted by Federal case law,
invests Congress with plenary authority over Indian Affairs;
``(2) ancillary to that authority, the United States has a trust
responsibility to recognized Indian tribes, maintains a government-
to-government relationship with those tribes, and recognizes the
sovereignty of those tribes;
``(3) Indian tribes presently may be recognized by Act of
Congress; by the administrative procedures set forth in part 83 of
the Code of Federal Regulations denominated `Procedures for
Establishing that an American Indian Group Exists as an Indian
Tribe;' or by a decision of a United States court;
``(4) a tribe which has been recognized in one of these manners
may not be terminated except by an Act of Congress;
``(5) Congress has expressly repudiated the policy of
terminating recognized Indian tribes, and has actively sought to
restore recognition to tribes that previously have been terminated;
``(6) the Secretary of the Interior is charged with the
responsibility of keeping a list of all federally recognized tribes;
``(7) the list published by the Secretary should be accurate,
regularly updated, and regularly published, since it is used by the
various departments and agencies of the United States to determine
the eligibility of certain groups to receive services from the
United States; and
``(8) the list of federally recognized tribes which the
Secretary publishes should reflect all of the federally recognized
Indian tribes in the United States which are eligible for the
special programs and services provided by the United States to
Indians because of their status as Indians.''
Section Referred to in Other Sections
This section is referred to in title 18 section 228; title 42
section 3796ee-1.
