II
103D CONGRESS
2D SESSION
H. R. 4180
IN THE SENATE OF THE UNITED STATES
OCTOBER 3 (legislative day, SEPTEMBER 12), 1994
Received
AN ACT
To provide for the annual publication of a list of federally
recognized Indian tribes, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—WITHDRAWAL OF AC-
KNOWLEDGEMENT OR REC-
OGNITION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Federally Recognized
Indian Tribe List Act of 1994’’.
SEC. 102. DEFINITIONS.
For the purposes of this title:
(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 ac-
knowledges to exist as an Indian tribe.
(3) The term ‘‘list’’ means the list of recognized
tribes published by the Secretary pursuant to section
104 of this title.
SEC. 103. FINDINGS.
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 rela-
tionship with those tribes, and recognizes the sov-
ereignty 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 Regula-
tions 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 pol-
icy 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 eligi-
bility 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 fed-
erally recognized Indian tribes in the United States
which are eligible for the special programs and serv-
ices provided by the United States to Indians be-
cause 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 list of all Indian tribes
which the Secretary 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
published within 60 days of enactment of this Act, and
annually on or before every January 30 thereafter.
TITLE II—CENTRAL COUNCIL OF
TLINGIT AND HAIDA INDIAN
TRIBES OF ALASKA
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Tlingit and Haida Sta-
tus Clarification Act’’.
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
Stat. 388, as amended, commonly referred to as the
‘‘Jurisdiction Act’’), as a federally recognized Indian
tribe;
(2) on October 21, 1993, the Secretary of the
Interior published a list of federally recognized In-
dian tribes pursuant to part 83 of title 25 of the
Code of Federal Regulations which omitted the
Central Council of Tlingit and Haida Indian Tribes
of Alaska;
(3) the Secretary does not have the authority to
terminate the federally recognized status of an In-
dian tribe as determined by Congress;
(4) the Secretary may not administratively di-
minish the privileges and immunities of federally
recognized Indian tribes without the consent of Con-
gress; and
(5) the Central Council of Tlingit and Haida
Indian Tribes of Alaska continues to be a federally
recognized Indian tribe.
SEC. 203. REAFFIRMATION OF TRIBAL STATUS.
The Congress reaffirms and acknowledges that the
Central Council of Tlingit and Haida Indian Tribes of
Alaska is a federally recognized Indian tribe.
SEC. 204. DISCLAIMER.
(a) IN GENERAL.—Nothing in this title shall be inter-
preted to diminish or interfere with the government-to-
government relationship between the United States and
other federally recognized Alaska Native tribes, nor to vest
any power, authority, or jurisdiction in the Central Coun-
cil of Tlingit and Haida Indian Tribes of Alaska over other
federally recognized Alaska Native tribes.
(b) CONSTITUTION OF CENTRAL COUNCIL OF THE
TLINGIT AND HAIDA INDIAN TRIBES OF ALASKA.—Noth-
ing in this title shall be construed as codifying the Con-
stitution of the Central Council of the Tlingit and Haida
Indian Tribes of Alaska into Federal law.
SEC. 205. PROHIBITION AGAINST DUPLICATIVE SERVICES.
Other federally recognized tribes in Southeast Alaska
shall have precedence over the Central Council of Tlingit
and Haida Indian Tribes of Alaska in the award of a Fed-
eral compact, contract or grant to the extent that their
service population overlaps with that of the Central Coun-
cil 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 CALI-
FORNIA
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Paskenta Band Res-
toration Act’’.
SEC. 302. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘Tribe’’ means the Paskenta
Band of Nomlaki Indians of the Paskenta Rancheria
of California.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) The term ‘‘Interim Council’’ means the gov-
erning body of the Tribe specified in section 307.
(4) The term ‘‘member’’ means an individual
who meets the membership criteria under section
306(b).
(5) The term ‘‘State’’ means the State of Cali-
fornia.
(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 California.
SEC. 303. RESTORATION 
OF 
FEDERAL 
RECOGNITION,
RIGHTS, AND PRIVILEGES.
(a) FEDERAL RECOGNITION.—Federal recognition is
hereby extended to the Tribe. Except as otherwise pro-
vided in this title, all laws and regulations of general appli-
cation to Indians and nations, tribes, or bands of Indians
that are not inconsistent with any specific provision of this
title shall be applicable to the Tribe and its members.
(b) RESTORATION OF RIGHTS AND PRIVILEGES.—
Except as provided in subsection (d), all rights and privi-
leges of the Tribe and its members under any Federal
treaty, Executive order, agreement, or statute, or under
any other authority which were diminished or lost under
the Act of August 18, 1958 (Public 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 enact-
ment of this Act, for all Federal services and benefits fur-
nished to federally recognized Indian tribes or their mem-
bers. In the case of Federal services available to members
of federally recognized Indian tribes residing on a reserva-
tion, 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 af-
fect in any manner any hunting, fishing, trapping, gather-
ing, or water right of the Tribe and its members.
(e) INDIAN REORGANIZATION ACT APPLICABILITY.—
The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall
be applicable to the Tribe and its members.
(f) CERTAIN RIGHTS NOT ALTERED.—Except as spe-
cifically provided in this title, nothing in this title shall
alter any property right or obligation, any contractual
right or obligation, or any obligation for taxes levied.
SEC. 304. ECONOMIC DEVELOPMENT.
(a) PLAN FOR ECONOMIC DEVELOPMENT.—The Sec-
retary 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 con-
stitution as provided in section 308, develop such a
plan; and
(3) upon the approval of such plan by the gov-
erning 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 require-
ments of section 305.
SEC. 305. TRANSFER OF LAND TO BE HELD IN TRUST.
(a) LANDS TO BE TAKEN IN TRUST.—The Secretary
shall accept any real property located in Tehama County,
California, for the benefit of the Tribe if conveyed or oth-
erwise transferred to the Secretary if, at the time of such
conveyance or transfer, there are no adverse legal claims
to such property, including outstanding liens, mortgages,
or taxes owed. The Secretary may accept any additional
acreage in the Tribe’s service area pursuant to the author-
ity of the Secretary under 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 shall
be taken in the name of the United States in trust for
the Tribe and shall be part of the Tribe’s reservation.
SEC. 306. MEMBERSHIP ROLLS.
(a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—
Within one year after the date of the enactment of this
Act, the Secretary 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 indi-
vidual shall be placed on the membership roll if such indi-
vidual is living, is not an enrolled member of another fed-
erally recognized Indian tribe, is of Nomlaki Indian ances-
try, and if—
(A) such individual’s name was listed on the
Paskenta Indian Rancheria distribution roll compiled
on February 26, 1959, by the Bureau of Indian Af-
fairs and approved by the Secretary of the Interior
on July 7, 1959, pursuant to Public Law 85–671;
(B) such individual was not listed on the
Paskenta Indian Rancheria distribution list, but met
the requirements that had to be met to be listed on
the Paskenta Indian Rancheria list;
(C) such individual is identified as an Indian
from Paskenta in any 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, living or dead, identified in subparagraph
(A), (B), or (C).
(2) After adoption of a tribal constitution pursuant
to section 308, such tribal constitution shall govern mem-
bership in the Tribe.
SEC. 308. TRIBAL CONSTITUTION.
(a) ELECTION; TIME AND PROCEDURE.—Upon the
completion of the tribal membership roll under section
306(a) and upon the written request of the Interim Coun-
cil, the Secretary shall conduct, by secret ballot, an elec-
tion for the purpose of adopting a constitution and bylaws
for the Tribe. The election shall be held according to sec-
tion 16 of the Act of June 18, 1934 (25 U.S.C. 476),
except that absentee balloting shall be permitted regard-
less of voter residence.
(b) ELECTION
OF
TRIBAL
OFFICIALS; PROCE-
DURES.—Not later than 120 days after the Tribe adopts
a constitution and bylaws under subsection (a), the Sec-
retary shall conduct an election by secret ballot for the
purpose of electing tribal officials as provided in such trib-
al constitution. Such election shall be conducted according
to the procedures specified in subsection (a) except to the
extent that such procedures conflict with the tribal con-
stitution.
SEC. 309. GENERAL PROVISION.
The Secretary may promulgate such regulations as
may be necessary to carry out the provisions of this title.
Passed the House of Representatives October 3,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.