Advisory Council on California Indian Policy Act of 1992
PL 102-416 (H.R.2144), enacted 10/14/1992

PUBLIC LAW 102-416—OCT. 14, 1992 
106 STAT. 2131 
Public Law 102-416 
102d Congress 
An Act 
To restore the Federal trust relationship of the United Auburn Indian Community, 
to establish the Advisory Council on California Indian Policy, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Advisory Council on California 
Indian Policy Act of 1992". 
SEC. 2. FINDINGS. 
The Congress has reviewed the social, economic, and political 
circumstances of California Indians and of governmental policies 
and programs affecting California Indians and finds that— 
(1) the Congress has recognized a special govemment-to-
govemment relationship with Indian tribes in the United 
States; 
(2) due to the unique historical circumstances of the Indians 
of California, Federal law and policies have often dealt specifi-
cally with California Indians; 
(3) there is an urgent need to clarify the eligibility of 
unrecognized and terminated California Indian tribal groups 
to be federally acknowledged as Indian tribes with all tne 
rights and powers attendant to that status; 
(4) there is among California Indians a continuing social 
and economic crisis, characterized by, among other things, alco-
hol and substance abuse, critical health problems, family 
violence and child abuse, lack of educational and employment 
opportunities, and significant barriers to tribal economic 
development; 
(5) these conditions exist even though public policies and 
programs adopted by the Federal Government have been 
intended to improve the conditions of California Indians; and 
(6) California Indian tribes and tribal organizations have 
expressed a need for a review of the public policies and pro-
grams affecting California Indians and to make such policies 
and programs more effective in accomplishing Federal policy 
objectives. 
SEC. 3. DEFINITIONS. 
For purposes of this Act— 
(1) The term "California Indian tribe" means any federally 
recognized or imacknowledged Indian tribe located in the State 
of California. 
(2) The term "Secretary** means the Secretary of the 
Interior. 
(3) The term "Bureau" means the Bureau of Indian Affairs 
of the Department of the Interior. 
Oct. 14,1992 
[H.R. 2144] 
Advisory 
Council on 
California 
Indian Policy 
Act of 1992. 
25 u s e 651 note. 
25 use 651 note. 
25 u s e 651 note. 
106 STAT. 2132 
PUBLIC LAW 102-416—OCT. 14, 1992 
(4) The term "federally recognized Indian tribe" me£ins 
any Indian tribe, band, group, or community that— 
(A) has been federally recognized or acknowledged by 
the United States Grovemment through an Act of Congress, 
a Federal judicial decision, or an administrative decision 
by the Secretary pursuant to part 83 of title 25, Code 
of Federal Regulations; 
(B) was terminated by an Act of Congress and has 
been restored through an Act of Congress, a Federal judicial 
decision, an administrative determination or action by the 
Secretary; or 
(C) is included, as of the date of the enactment of 
this Act, on the list of federally recognized tribes main-
tained by the Secretary. 
(5) The term "unacknowledged Indian tribe" means any 
Indian tribe, band, group, or community that is not now feder-
ally acknowledged by the United States Government and has 
not been terminated by an Act of Congress. 
(6) The term "terminated Indian tribe" means any Indisui 
tribe, band, or community that has been terminated by an 
Act of Congress and has not been restored through an Act 
of Congress, a Federal judicial decision, or an administrative 
determination or action by the Secretary. 
(7) The term "Council" means the Advisory Council on 
California Indian Policy established pursuant to section 4. 
25 use 651 note. SEC. 4. ESTABLISHMENT OF ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—^There is hereby established the Advisory 
Council on California Indian Policy. 
(b) MEMBERS.—^The Council shall be composed of 18 members 
who, other than the members provided for by paragraph (8), shall 
be appointed by the Secretary not later than 90 days after the 
date of the enactment of this Act as follows: 
(1) Two tribal government representatives (or their des-
ignees) from the federally recognized Indian tribes located 
within the northern California Agency area of the Bureau, 
including all field and subagencies. 
(2) Two tribal government representatives (or their des-
ignees) from the unacknowledged Indian tribes located within 
the northern California Agency area of the Bureau, including 
all field and subagencies. 
(3) Three tribal government representatives (or their des-
ignees) from the federally recognized Indian tribes located 
within the central California Agency area of the Bureau, includ-
ing all field and subagencies. 
(4) Three tribal government representatives (or their des-
ignees) from the unacknowledged Indian tribes located in the 
central California Agency area of the Bureau, including all 
field and subagencies. 
(5) Two tribal government representatives (or their des-
ignees) from the federally recognized Indian tribes located 
within the southern California Agency area of the Bureau, 
including all field and subagencies. 
(6) Two tribal government representatives (or their des-
ignees) from the unacknowledged Indian tribes located within 
the southern California Agency area of the Bureau, including 
all field and subagencies. 
PUBLIC LAW 102-416—OCT. 14, 1992 
106 STAT. 2133 
(7) Two tribal government representatives (or their des-
ignees) from the terminated Indian tribes located within the 
northern, central, or southern California Agency areas of the 
Bureau, including all field and subagencies. 
(8) The Area Director of the California Area Office of the 
Bureau and the Area Director of the California Area Office 
of the Indian Health Service who shall serve ex officio and 
as nonvoting members of the Council. 
(c) RECOMMENDATIONS FROM CALIFORNIA INDIAN TRIBES.—In 
making appointments to the Coimcil under subsection (b), the Sec-
retary shall ensure that the California Indian tribes have been 
afiTorded a full and fair opportunity to select by consensus, in 
accordance with procedures developed by the California Indian 
tribes, representatives they will recommend to the Secretary for 
appointment to the Council, consult with the California Indian 
tribes; and make appointments to the Council from among those 
recommended or nominated by California Indian tribes. 
(d) INITIAL MEETING.—The Coimcil shall hold its first meeting 
by no later than the date that is 30 days after the date on which 
all members of the Council have been appointed. 
(e) VACANCY.—^Any vacancy in the Council shall not affect its 
powers, but shall be filled in the same manner in which the original 
appointments were made. 
(f) QUORUM.—^Ten voting members shall constitute a quonmi 
for the transaction of business, but a smaller number, as determined 
by the Council, may conduct hearings. 
(g) CHAIRPERSON; VICE CHAIRPERSON.—The Council shall select 
a Chairperson, a Vice Chairperson, and such other officers as it 
deems necessary. 
(h) COMPENSATION.—No compensation shall be paid to a mem-
ber of the Council solely for his services on the Council. All members 
of the Council shall be reimbursed for travel expenses, including 
per diem in lieu of subsistence, during the performance of duties 
of the Council while away from home or their regular place of 
business in accordance with subchapter 1 of chapter 57 of title 
5, United States Code. 
SEC. 5. DUTIES OF THE COUNCIL. 
25 USC 651 note. 
The Council shall— 
(1) develop a comprehensive list of California Indian tribes 
and the descendency list for each tribe based upon documents 
held by the Bureau including, but not limited to those specified 
in section 6; 
(2) 
identify 
the 
special 
problems 
confronting 
unacknowledged and terminated Indian tribes and propose 
reasonable mechanisms to provide for the orderly and fair 
consideration of requests by such tribes for Federal acknowl-
edgement; 
(3) conduct a comprehensive study of— 
(A) the social, economic, and political status of Califor-
nia Indians; 
(B) the effectiveness of those policies £ind programs 
of the United States that affect California Indians; and 
(C) the services and facilities being provided to Califor-
nia Indian tribes, compared to those being provided to 
Indian tribes nationwide; 
(4) conduct public hearings on the subjects of such study; 
106 STAT. 2134 
PUBLIC LAW 102-416—OCT. 14, 1992 
(5) develop recommendations for specific actions that— 
(A) will help to ensure that California Indians have 
life opportunities comparable to other American Indians 
of federally recognized tribes, while respecting their imique 
traditions, cultures, and special status as 
California 
Indians; 
(B) will address, among other things, the needs of 
California Indians for economic self-sufficiency, improved 
levels of educational achievement, improved health status, 
and reduced incidence of social problems; and 
(C) will respect the important cultural differences 
which characterize California Indians and California Indian 
tribes and tribal groups; 
Reports- 
(6) submit, by no later than the date that is 18 months 
after the date of the first meeting of the Council, a report 
on the study conducted under paragraph (3) together with 
the proposals and recommendations developed under para-
graphs (2) and (5) and such other information obtained pursu-
ant to this section as the Council deems relevant, to the 
3Congress, the Secretary, and the Secretary of Health and 
Human Services; and 
Public 
(7) make such report available to California Indian tribes, 
information. 
tribal organizations, and the public. 
25 use 651 note. SEC. 6. ACCESS TO DESCENDENCY LISTS. 
The Secretary shall provide to the Council, not later than 
30 days after the first meeting of the Council, the following docu-
ments: 
(1) The rolls of California Indians developed in 1972 pursu-
ant to the distribution of the Indian Claims Commission award 
of July 20, 1964, including but not limited to dockets Nos. 
31, 37, 80, 80-D, and 347, and authorized by the Act of Septem-
ber 21, 1968 (82 Stat. 860). 
(2) The rolls of California Indians developed in 1955 pursu-
ant to the distribution of the 1944 United States Court of 
Claims judgment award and authorized by the Act of May 
18, 1928 (45 Stat. 602), as amended by the Act of June 30, 
1948 (62 Stat. 1166), the Act of May 24, 1950 (64 Stat. 189), 
and the Act of June 8,1954 (68 Stat. 240). 
(3) The rolls of California Indians developed in 1933 pursu-
ant to the distribution of the United States Court of Claims 
judgment award and authorized by the Act of May 18, 1928 
(45 Stat. 602). 
(4) The lists and rolls of California Indians registered as 
Indian by the Bureau of Indian Affairs developed pursuant 
to section 19 of the Act of June 18,1934 (48 Stat. 984). 
(5) The lists and rolls of California Indians developed 
pursuant to the Acts of Congress terminating reservations and 
rancherias, including distributee rolls developed for the dis-
tribution of assets under the Act of August 18, 1958 (72 Stat. 
619), the Act of July 10, 1957 (71 Stat. 283), and the Act 
of March 29,1956 (70 Stat. 58). 
(6) Any other rolls developed for Indian Claims Commission 
judgment awards covering any California land areas. 
(7) Upon the consent of each tribe, the current tribal mem-
bership rolls of California Indian tribes, except that, nothing 
in this paragraph or any other provision of this Act shall 
PUBLIC LAW 102-416—OCT. 14,1992 
106 STAT. 2135 
be construed as prohibiting any Indian tribal government from 
imposing any condition, limitation, or other restriction on the 
use or dissemination of any information or other data made 
available by consent of such tribal government to the Council 
imder this Act. 
SEC. 7. POWERS OF THE COUNCIL. 
25 USC 651 note. 
(a) STAFF.—(1) Subject to such rules and regulations as may 
be adopted by the Coimcil, the Chairperson of the Council shall 
have the power to— 
(A) appoint, terminate, and fix the compensation (without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard 
to the provisions of chapter 51 and subchapter III of chapter 
53 of such title, or of any other provision of law relating 
to the number, classification, and (xeneral Schedule rates) of 
an Executive Director of the Coimcil and of such other personnel 
as the Council deems advisable to assist in the performance 
of the duties of the Council, at rates not to exceed a rate 
equal to the meiximimi rate of basic pay payable under section 
5376 of such title for a position classified above GS-15 pursuant 
to section 5108 of such title; and 
(B) procure, as authorized by section 3109 of title 5, United 
States Code, temporary and intermittent services to the same 
extent as is authorized for agencies in the executive branch, 
but at rates not to exceed the daily equivalent of the maximimi 
annual rate of basic pay payable under section 5376 of such 
title for a position classified above GS-15 pursuant to section 
5108 of such title. 
(2) Service of an individual as a member of the Council shall 
not be considered as service or employment bringing such individual 
within the provisions of any Federal law relating to conflicts of 
interest or otherwise imposing restrictions, requirements, or pen-
alties in relation to the employment of persons, the performance 
of services, or the payment or receipt of compensation in connection 
with claims, proceedings, or matters involving the United States. 
Service as a member of the Council, or as an employee of the 
Council, shall not be considered service in an appointive or elective 
position in the Government for purposes of section 8344 of title 
5, United States Code, or comparable provisions of Federal law. 
(b) ACTIONS.—^The Council may hold such hearings and sit 
and act at such times, take such testimony, have such printing 
and binding done, enter into such contracts and other arrangements, 
make such expenditures, and take such other actions, as the Council 
may deem advisable provided, however, that no such action, 
contracting arrangement or expenditure be committed beyond the 
duration of the life of the Council pursuant to section 8. Any 
member of the Coimcil may administer oaths or affirmations to 
witnesses appearing before tne Council. 
(c) TASK FORCES.—^The Council is authorized to establish task 
forces which include individuals who are not members of the Council 
only for the purpose of gathering; information on specific subjects 
identified by the Council as requiring the knowledge and expertise 
of such individuals. Any task force established by the Council 
shall be chaired by a voting member of the Council who shall 
preside at any task force hearing authorized by the Council. No 
compensation (other than compensation and expenses authorized 
106 STAT. 2136 
PUBLIC LAW 102-416—OCT. 14, 1992 
under section 4(h) to a member of the Council) may be paid to 
a member of a task force solely for his service on the task force, 
but the Council may authorize the reimbursement of members 
of a task force for travel expenses, including per diem in lieu 
of subsistence, during the performance of duties while away from 
the home, or regular place of business, of the member, in accordance 
with subchapter I of chapter 57 of title 5, United States Code. 
The Council shall not authorize the appointment of personnel to 
act as staff for the task force, but may permit the use of Council 
staff and resources by a task force for the purpose of compiling 
data and information. Such data and information shall be for the 
exclusive use of the Council. 
(d) FUNDING.—^The Council is authorized to accept gifts of prop-
erty, services, or funds and to expend funds derived from sources 
other than the Federal Government, including the State of Califor-
nia, private nonprofit organizations, corporations, or foundations 
which are determined appropriate and necessary to carry out the 
provisions of this title. 
(e) FEDERAL ADVISORY COMMITTEE ACT.—^The provisions of the 
Federal Advisory Committee Act shall not apply to the Council. 
(f) COOPERATION OF FEDERAL AGENCIES.—(1) The Coimcil is 
authorized to secure directly from any office, department, agency, 
establishment, or instrumentality of the Federal Government such 
information as the Council may require to carry out the purposes 
of this title, and each such officer, department, agency, establish-
ment, or instrumentality is authorized and directed to furnish, 
to the extent permitted by law, such information, suggestions, esti-
mates, and statistics, directly to the Coimcil, upon request made 
by the Chairperson of the Council. 
(2) Upon the request of the Council, the head of any Federal 
department, agency, or instrumentality is authorized to make any 
of the facilities and services of such department, agency, or 
instrumentality available to the Coimcil and detail any of the 
personnel of such department, agency, or instrumentality to the 
Council, on a nonreimbursable basis, to assist the Council in carry-
ing out its duties under this title. 
(3) The Council may use the United States mails in the same 
manner and under the same conditions as departments and agencies 
of the United States. 
(g) NO INFRINGEMENT ON TRIBAL AUTHORITY.—The creation 
of the Council is not intended to, nor shall it, restrict, preempt 
or infringe the right of any California Indian tribe to interact 
or commimicate with Congress or other branches of the Federal 
Government on a govemment-to-govemment basis. 
25 use 651 note. SEC. 8. TERMINATION. 
The Council shall cease to exist on the date that is 180 days 
after the date on which the Council submits the report required 
under section 5(6). All records, documents, and materials of the 
Council shall be transferred to the National Archives and Records 
Administration on the date on which the Council ceases to exist. 
PUBLIC LAW 102-416—OCT. 14, 1992 
106 STAT. 2137 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
25 USC 651 note. 
There are authorized to be appropriated $700,000 to carry 
out the provisions of this Act. Such siims shall remain available, 
without fiscal year limitation, until expended. 
Amend the title so as to read: "An Act to estabUsh the Advisory 
Council on California Indian Policy, and for other purposes.". 
Approved October 14, 1992. 
LEGISLATIVE HISTORY—H.R. 2144: 
SENATE REPORTS: No. 102-441 (Select Cbmm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Aug. 11, 12, considered and passed House. 
Oct. 2, considered and passed Senate, amended. 
Oct. 3, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 14, Presidential statement.