25 U.S.C. § 5130 — Definitions

Page 702 TITLE 25—INDIANS § 5130 1 See References in Text note below. (June 18, 1934, ch. 576, § 19, 48 Stat. 988.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorga- nization Act, which is classified generally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables. CODIFICATION Section was formerly classified to section 479 of this title prior to editorial reclassification and renumbering as this section. Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. § 5130. Definitions For the purposes of this title: 1 (1) The term ‘‘Secretary’’ means the Sec- retary of the Interior. (2) The term ‘‘Indian tribe’’ means any In- dian or Alaska Native tribe, band, nation, pueblo, village or community that the Sec- retary of the Interior acknowledges to exist as an Indian tribe. (3) The term ‘‘list’’ means the list of recog- nized tribes published by the Secretary pursu- ant to section 5131 of this title. (Pub. L. 103–454, title I, § 102, Nov. 2, 1994, 108 Stat. 4791.) Editorial Notes 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 5131 of this title, and provisions set out as a note below. For complete classification of this title to the Code, see Short Title of 1994 Amendment note set out under section 5101 of this title and Tables. CODIFICATION Section was formerly classified to section 479a of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this section and section 5131 of this title as the ‘‘Federally Recognized Indian Tribe List Act of 1994’’, see section 101 of Pub. L. 103–454, set out as a note under section 5101 of this title. CONGRESSIONAL FINDINGS Pub. L. 103–454, title I, § 103, Nov. 2, 1994, 108 Stat. 4791, 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 de- nominated ‘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 ac- tively 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 agen- cies 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 pro- vided by the United States to Indians because of their status as Indians.’’ § 5131. Publication of list of recognized tribes (a) Publication of list The Secretary shall publish in the Federal Register a list of all Indian tribes which the Sec- retary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indi- ans. (b) Frequency of publication The list shall be published within 60 days of November 2, 1994, and annually on or before every January 30 thereafter. (Pub. L. 103–454, title I, § 104, Nov. 2, 1994, 108 Stat. 4792.) Editorial Notes CODIFICATION Section was formerly classified to section 479a–1 of this title prior to editorial reclassification and renum- bering as this section. § 5132. Indians eligible for loans On and after May 10, 1939, no individual of less than one-quarter degree of Indian blood shall be eligible for a loan from funds made available in accordance with the provisions of the Act of June 18, 1934 (48 Stat. 986) [25 U.S.C. 5101 et seq.], and the Act of June 26, 1936 (49 Stat. 1967). (May 10, 1939, ch. 119, § 1, 53 Stat. 698.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the In- dian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables.