Statute - 108 Pg 4791

PUBLIC LAW 103-454—NOV. 2,1994

108 STAT. 4791

Public Law 103-454
103d Congress
An Act
To provide for the annual publication of a list offederallyrecognized Indian tribes,
and for other purposes.

Nov. 2, 1994
[H.R. 4180]

Be it enacted by the Senate and House of Representatives of
the United States ofAmerica in Congress assembled,

TITLE I—WITHDRAWAL OF
g^Sd
ACKNOWLEDGEMENT OR RECOGNITION Ki^S""^"'
SEC. 101. SHORT TrnJB.

25 USC 479a

This title may be cited as the Tederally Recognized Indian
Tribe List Act of 1994".
SEC. 102. DEFINITIONS.

26 USC 479a.

For the purposes of this title:
(1) TTie 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 **]i8ir means the list of recognized tribes
published by the Seoi^tary pursuant to section 104 of this
title.
SEC. lOa. FINDINGS.

The Congress finds that—
(1) tne Constitution, as interpreted by Federal case law,
invests Congress with plenary authority over Indian Affairs;
(2) ancillaiy to that authority, the United States has a
trust responsibility to recogmzed Indian tribes, maintains a
govemment-to-govemment relationship with those tribes, and
recognizes the sovereignty of those tribes;
(3) Indian tribes presently may be recognized by Act of
Congress; by the adimnistrative procedures set forth in part
83 of the Code of Fedtjral Emulations denominated Trocedures
for Establishing that an American Indian Group Exists as
an Indian Tribe;" or by a decision of a United States court;
(4) a tribe wMcb has been recognized in one of these
manners may not be terminated except by an Act of Congress;
(5) Congress has eiq)ressly repudiated the jpolicy of terminating recognized Indism tribes, and has actively sought to
restore recognition to tribes that previously have been terminated;

25 USC 479a

108 STAT. 4792

25USC479a-l.
Register,
publication.

PUBLIC LAW 103-454—NOV. 2, 1994

(6) the Secretary of the Interior is charged with the responsibiUty of keeping a Hst of all federally recognized tribes;
(7) the Hst published by the Secretary should be accurate,
regularly updated, and regukirly pubUsned, since it is used
by the various departments and agencies of the United States
to determine the eligibUity of certain groups to receive services
from the United States; and
(8) the Ust of federally recognized tribes which the Secretary publishes should reflect all of tiie federally recognized
Indian tribes in the United States which are eUgible for the
speci£il programs and services provided by the United States
to Indians because of their status as Indians.
SEC. 104. PUBLICATION OF LIST OF RECOGNIZED TRIBES.
(a) PUBLICATION OF THE LiST.—^The Secretary shall publish
in the Federal Register a hst of aU Indian tribes which the Secretsiry
recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status
as Indians.
(b) FREQUENCY OF PUBLICATION.—The list shall be pubhshed
within 60 days of enactment of this Act, and annually on or before
every January 30 thereafter.

S'steL
ciarification

TITLE II—CENTRAL COUNCIL OF TLINQyj^ AND HAIDA INDIAN TRIBES OF
ALASKA

25 u s e 1212

SEC. 201. SHORT TITLE.

This title may be cited as the TUngit and Haida Status Clarification Act".
25 u s e 1212.

SEC. 202. FINDINGS.

The Congress finds and declares that—
(1) the United States has acknowledged the Central Council
of Tlingit and Haida Indian Tribes of Alaska pursuant to the
Act of June 19, 1935 (49 S t a t 388, as amended, commonly
referred to as the "Jurisdiction Act"), as a federally recognized
Indian tnbe;
(2) on October 21, 1993, the Secretary of the Interior published a hst of federsdly recognized Indian tribes pursuant
to part 83 of titie 25 of tne Cooe of Federal Regulations which
omitted the Central Council of Tlingit and Haida Indian Tribes
of Alsiska;
(3) the Secretary does not have the authority to terminate
the federally recognized status of an Indian tribe as determined
by Congress;
(4) the Secretary may not administratively diminish the
privileges and immunities of federally recognized Indian tribes
without the consent of Congress; and
(5) the Central Council of Tlingit and Haida Indian Tribes
of Alaska continues to be a federally recognized Indian tribe.
25 u s e 1213.

SEC. 203. REAFFIRMATION OF TRIBAL STATUS.

The Congress reaffirms and acknowledges that the Central
Council of Tlingit and Hsiida Indian Tribes of Alaska is a federally
recognized Indian tribe.

PUBLIC LAW 103-454—NOV. 2, 1994

108 STAT. 4793

SEC. 204. DISCLAIMER.

25 u s e 1214.

(a) IN GENERAL.—Nothing in this title shall be interpreted
to diminish or interfere with the govemment-to-govemment relationship between the United States and other federally recognized
Alaska Native tribes, nor to vest any power, authority, or jurisdiction in the Central Council of Tlingit and Haida Indian Tribes
of Alaska over other federally recognized Alaska Native tribes.
(b) CONSTITUTION OF CENTRAL COUNCIL OF THE TUNGIT AND
HAIDA INDIAN TRIBES OF ALASKA.—Nothing in this title shall be

construed as codifying the Constitution of the Central Council of
the Tlingit and Imida Indian Tribes of Alaska into Federal law.
SEC. 206. PROHIBITION AGAINST DUPLICATIVE SERVICES.

25 u s e 1215.

Other federally recognized tribes in Southeast Alaska shall
have precedence over the Central Council of TUngit and Haida
Indian Tribes of Alaska in the award of a Federal compact, contract
or grant to the extent tltiat their service population overlaps with
that of the Central Council of Tlingit and Haida Indian tribes
of Alaska. In no event shall dually enrolled members result in
duplication of Federal service funding.

TITLE III—PASKENTA BAND OF
NOMLAKI INDIANS OF CALIFORNIA
SEC. 301. SHORT TITLE.

This title may be cited as the ''Paskenta Band Restoration
Actf'.
SEC. 302. DEFENTTIONS.

Paskenta Band
Restoration Act.

25 u s e 1300m
note.
25 USC1300m.

For purposes of this title:
(1) The term "Tribe" means the Paskenta Band of Nomlaki
Indians of the Paskenta Rancheria of CaUfomia.
(2) The term "Secretary^ means the Secretary of the
Interior.
(3) The term "Interim Coimcil" means the governing body
of the Tribe specified in section 307.
(4) The term "member" means an individual who meets
the membership criteria imder section 306(b).
(5) The term "State" means the State of California.
(6) The term "reservation" means those lands acquired
and held in trust by the Secretary for the benefit of the Tribe
pursuant to section 305.
(7) The term "service area" means the counties of Tehama
and Glenn, in the State of CaUfomia.
SEC. 303. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND
PRIVILEGES.

(a) FEDERAL RECOGNITION.—Federal recognition is hereby
extended to the Tribe. Except as otherwise provided in this titie,
all laws and regulations of general application to Indians and
nations, tribes, or bands of Indians that are not inconsistent with
any specific provision of this titie shall be appHcable to the Tribe
and its members.
(b) RESTORATION OF RIGHTS AND PRIVILEGES.—Except as provided in subsection (d), aU rights £ind privileges of the Tribe £uid
its members under any Federal treaty. Executive order, agreement,

79-194 0—95—8 : QL 3 Part 6

25 USC
1300m-l.

108 STAT. 4794

PUBLIC LAW 103-454—NOV. 2, 1994

or statute, or under any other authority which were diminished
or lost under the Act of August 18, 1958 (PubUc Law 85-671;
72 Stat 619), are hereby restored and the provisions of such Act
shall be inapplicable to the Tribe and its members after the date
of enactment of this Act
(c) FEDERAL SERVICES AND BENEFITS.—Without regard to the
existence of a reservation, the Tribe and its members shall be
eligible, on and after the date of enactment of this Act, for aU
Federal services and benefits furnished to federally recognized
Indian tribes or their members. In the case of Federal services
available to members of federally recognized Indian tribes residing
on a reservation, members of the Tribe residing in the Tribe's
service area shall be deemed to be residing on a reservation.
(d) HUNTING, FISHING, TRAPPING, AND WATER RIGHTS.—Nothing

in this title shall expand, reduce, or affect in any manner any
hunting, fishing, trapping, gathering, or water right of the Tribe
and its members.
(e) INDIAN REORGANIZATION ACT APPLICABILITY.—^The Act of

Jtme 18, 1934 (25 U.S.C. 461 et seq.), shall be appUcable to the
Tribe and its members.
(f) CERTAIN RIGHTS NOT ALTERED.—Except as specifically provided in this title, nothing in this title shall alter any property
right or obligation, any contractual right or obHgation, or any obligation for taxes levied.
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1300m-2.

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1300m-3.

SEC. 304. ECONOMIC DEVELOPMENT.
(a) PLAN FOR ECONOMIC DEVELOPMENT.—The

Secretary shall—
(1) enter into negotiations with the governing body of the
Tribe with respect to establishing a plan for economic development for the Tribe;
(2) in accordance with this section and not later than
two years after the adoption of a tribal constitution as provided
in section 308, develop such a plan; and
(3) upon the approval of such plan by the governing body
of the Tribe, submit such plan to the Congress.
(b) RESTRICTIONS.—^Any proposed transfer of real property contained in the plan developed by the Secretary under subsection
(a) shall be consistent with the requirements of section 305.
SEC. 305. TRANSFER OF LAND TO BE HELD IS TRUST.
(a) LANDS TO B E TAKEN IN TRUST.—The Secretary

shall accept
any real property located in Tehama County, California, for the
benefit ot the Tribe if conveyed or otherwise transferred to the
Secretary if, at the time of such conveyance or transfer, there
are no adverse legal claims to such property, including outstanding
hens, mortgages, or taxes owed. The Secretary may accept any
additional acreage in the Tribe's service area pursuant to the
au&ority of the Secretary imder the Act of June 18, 1934 (25
U.S.C. 461 et seq.).
(b) LANDS TO BE PART OF THE RESERVATION.—Subject to the

conditions imposed by this section, any real property conveyed
or transferred under this section snail oe taken m the name of
the United States in trust for the Tribe and shall be part of
the Tribe's reservation.
25 use
1300m-4.

SEC. 30ft. MEMBERSHIP ROLLS.
(a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—Within one

year after the date of the enactment of this Act, the Secretary

PUBLIC LAW 103-454—NOV. 2, 1994

108 STAT. 4795

shall, after consultation with the Tribe, compile a membership
roll of the Tribe.
(b) CRITERIA FOR MEMBERSHIP.—(1) Until a tribal constitution
is adopted pursuant to section 308, an individual shall be placed
on the membership roll if such individual is Hving, is not an
enrolled member of another federally recognized Indian tribe, is
of Nomlaki Indian ancesliy, and if—
(A) such individual's name was listed on the Paskenta
Indian Rancheria distribution roU compiled on February 26,
1959, by the Bureau of Indian Affairs and approved by the
Secretary of the Interior on July 7, 1959, piursuant to PubUc
Law 85-671;
(B) such individual was not Usted on the Paskenta Indian
Rancheria distribution Ust, but met the requirements that had
to be met to be Usted on the Paskenta Indian Rancheria Hst;
(C) such individual is identified as an Indian fi^m Paskenta
in £uiy of the official or unofficial rolls of Indians prepared
by the Bureau of Indian Affairs; or
(D) such individual is a lineal descendant of an individual,
hving or dead, identified in s u b p a r a ^ p h (A), (B), or (C).
(2) After adoption of a tribal constitution piu^uant to section
308, such tribal constitution shall govern membership in the Tribe.
(c) CONCLUSIVE PROOF OF PASKENTA INDIAN ANCESTRY.—^For

the purpose of subsection (b), the Secretary shEiU accept any available evidence establishing Paskenta Indian ancestry. The Secretary John J. Terrell,
shall accept as conclusive evidence of Paskenta Indian ancestry,
information contained in the census of the Indians in and near
Paskenta, prepared by Special Indian Agent John J. Terrell, in
any other roll or census of Paskenta Indians prepared by the
Bureau of Indian Affairs, and iu the Paskenta Indian Rancheria
distribution hst, compiled by the Bureau of Indian Affairs on February 26, 1959.
SEC. 307. INTERBf GOVERNMENT.
25 use
Until a new tribal constitution and bylaws are adopted and 1300m-5.
become effective imder section 308, the Tribe's govermng body
shall be an Interim Coimcil. The initial membership of the Interim
Council shall consist of the members of the Tribal Council of the
Tribe on the date of the enactment of this Act, and the Interim
Council shall continue to operate in the manner prescribed for
the Tribal Council under the tribal constitution adopted December
18, 1993. Anv new members filling vacancies on the Interim Council
shall meet tne membership criteria set forth in section 306(b) and
be elected in the same manner as are Tribal Council members
under the tribal constitution adopted December 18,1993.
SEC. 308. TRIBAL CONSTITUTION.
25 use
1300m-6.
(a) ELECTION; TIME AND PROCEDURE.—Upon the completion
of the tribal membership roll tmder section 306(a) and upon the
written request of the Interim Council, the Secretary shall conduct,
by secret ballot, an election for the piupose of adopting a constitution and bylaws for the Tribe. The election shall be h ^ d according
to section 16 of the Act of June 18, 1934 (25 U.S.C. 476), except
that absentee balloting shall be permitted regardless of voter
residence.
(b) ELECTION OF TRIBAL OFFICIALS; PROCEDURES.—Not later
than 120 days after the Tribe adopts a constitution £uid bylaws
under subsection (a), the Secretary shall conduct an election by

108 STAT. 4796

PUBLIC LAW 103-454—NOV. 2, 1994

secret ballot for the purpose of electing tribal officials as provided
in such tribal constitution. Such election shall be conducted according to the procedures specified in subsection (a) except to the
ejctent that such procediires conflict with the tribal constitution.
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SEC. 309. GENERAL PROVISION.

The Secretary may promulgate such regulations as may be
necessary to carry out tne provisions of this titie.
Approved November 2,1994.

LEGISLATIVE HISTORY—H.R. 4180:
HOUSE REPORTS: No. 103-781 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 140 (1994):
Oct. 3, considered and passed House.
Oct. 7, considered and passed Senate, amended.
Oct. 8, Senate vitiated passage; reconsidered and passed Senate.