Union Calendar No. 446

103D CONGRESS

2D SESSION S. 1784

[Report No. 103–800]

AN ACT

To restore the Central Council of Tlingit and Haida

Bureau of Indian Affairs.gible to receive Services from the United StatesInterior list of Indian entities recognized and eliIndian Tribes of Alaska to the Department of the

OCTOBER 3, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 446

103D CONGRESS

2D SESSION S. 1784

[Report No. 103–800]

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 1, 1994

Referred to the Committee on Natural Resources

OCTOBER 3, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

To restore the Central Council of Tlingit and Haida Indian

Tribes of Alaska to the Department of the Interior list

of Indian entities recognized and eligible to receive Services from the United States Bureau of Indian Affairs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. RESTORATION.

4 The Secretary of the Department of the Interior shall

5 restore to the list, published in the Federal Register on

6 October 21, 1993 pursuant to 25 C.F.R. Part 83, the tribe
2

•S 1784 RH

1 defined and recognized in the Act of June 19, 1935 (49

2 Stat. 388), as amended, relating to the Tlingit and Haida

3 Indians of Alaska.

4 SECTION 1. SHORT TITLE.

5 This Act may be cited as the ‘‘Tlingit and Haida Sta6 tus Clarification Act’’.

7 SEC. 2. FINDINGS.

8 The Congress finds and declares that—

9 (1) the United States has acknowledged the

10 Central Council of Tlingit and Haida Indian Tribes

11 of Alaska pursuant to the Act of June 19, 1935 (49

12 Stat. 388, as amended, commonly referred to as the

13 ‘‘Jurisdiction Act’’), as a federally recognized Indian

14 tribe;

15 (2) on October 21, 1993, the Secretary of the In16 terior published a list of federally recognized Indian

17 tribes pursuant to part 83 of title 25 of the Code of

18 Federal Regulations which omitted the Central Coun19 cil of Tlingit and Haida Indian Tribes of Alaska;

20 (3) the Secretary does not have the authority to

21 terminate the federally recognized status of an Indian

22 tribe as determined by Congress;

23 (4) the Secretary may not administratively di24 minish the privileges and immunities of federally rec-
3

•S 1784 RH

1 ognized Indian tribes without the consent of Congress;

2 and

3 (5) the Central Council of Tlingit and Haida In4 dian Tribes of Alaska continues to be a federally rec5 ognized Indian tribe.

6 SEC. 3. REAFFIRMATION OF TRIBAL STATUS.

7 The Congress reaffirms and acknowledges that the

8 Central Council of Tlingit and Haida Indian Tribes of

9 Alaska is a federally recognized Indian tribe.

10 SEC. 4. DISCLAIMER.

11 (a) IN GENERAL.—Nothing in this Act shall be inter12 preted to diminish or interfere with the government-to-gov13 ernment relationship between the United States and other

14 federally recognized Alaska Native tribes, nor to vest any

15 power, authority, or jurisdiction in the Central Council of

16 Tlingit and Haida Indian Tribes of Alaska over other feder17 ally recognized Alaska Native tribes.

18 (b) CONSTITUTION OF CENTRAL COUNCIL OF THE

19 TLINGIT AND HAIDA INDIAN TRIBES OF ALASKA.—Nothing

20 in this Act shall be construed as codifying the Constitution

21 of the Central Council of the Tlingit and Haida Indian

22 Tribes of Alaska into Federal law.

23 SEC. 5. PROHIBITION AGAINST DUPLICATIVE SERVICES.

24 Other federally recognized tribes in Southeast Alaska

25 shall have precedence over the Central Council of Tlingit
4

•S 1784 RH

1 and Haida Indian Tribes of Alaska in the award of a Fed2 eral compact, contract or grant to the extent that their serv3 ice population overlaps with that of the Central Council

4 of Tlingit and Haida Indian tribes of Alaska. In no event

5 shall dually enrolled members result in duplication of Fed6 eral service funding.

Passed the Senate November 24 (legislative day, November 23), 1993.

Attest: WALTER J. STEWART,

Secretary.