An Act to clarify the status of the Tlingit and Haida, and for other purposes.
PL 103-454 (H.R.4180), enacted 11/02/1994

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 of 
federally 
recognized Indian tribes, 
Nov. 2, 1994 
and for other purposes. 
[H.R. 4180] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America 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. 
25 USC 479a 
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 termi-
nating recognized Indism tribes, and has actively sought to 
restore recognition to tribes that previously have been termi-
nated; 
108 STAT. 4792 
PUBLIC LAW 103-454—NOV. 2, 1994 
(6) the Secretary of the Interior is charged with the respon-
sibiUty 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 Sec-
retary 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. 
25USC479a-l. 
SEC. 104. PUBLICATION OF LIST OF RECOGNIZED TRIBES. 
Register, 
(a) PUBLICATION OF THE LiST.—^The Secretary shall publish 
publication. 
in the Federal Register a hst of aU Indian tribes which the Secretsiry 
recognizes to be eligible for the special programs and services pro-
vided 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 
TITLE II—CENTRAL COUNCIL OF TLIN-
ciarification 
Qyj^ 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 Clari-
fication Act". 
25 use 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 Stat 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 pub-
lished 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. 
(a) IN GENERAL.—Nothing in this title shall be interpreted 
to diminish or interfere with the govemment-to-govemment rela-
tionship between the United States and other federally recognized 
Alaska Native tribes, nor to vest any power, authority, or jurisdic-
tion 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. 
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 
25 u s e 1214. 
25 u s e 1215. 
Paskenta Band 
Restoration Act. 
SEC. 301. SHORT TITLE. 
This title may be cited as the ''Paskenta Band Restoration 
25 u s e 1300m 
note. 
Actf'. 
SEC. 302. DEFENTTIONS. 
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 
25 USC 
PRIVILEGES. 
1300m-l. 
(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 pro-
vided 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 
108 STAT. 4794 
PUBLIC LAW 103-454—NOV. 2, 1994 
25 use 
1300m-2. 
25 use 
1300m-3. 
25 use 
1300m-4. 
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 pro-
vided in this title, nothing in this title shall alter any property 
right or obligation, any contractual right or obHgation, or any obliga-
tion for taxes levied. 
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 develop-
ment 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 con-
tained 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 BE 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. 
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 avail-
able 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 Feb-
ruary 26, 1959. 
SEC. 307. INTERBf GOVERNMENT. 
Until a new tribal constitution and bylaws are adopted and 
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. 
(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 constitu-
tion 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 
25 use 
1300m-5. 
25 use 
1300m-6. 
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 accord-
ing to the procedures specified in subsection (a) except to the 
ejctent that such procediires conflict with the tribal constitution. 
25 use 
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.