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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 1901 Congressional findings us united_states_code code_section 25 INDIANS 21 INDIAN CHILD WELFARE 1901 25 U.S.C. § 1901 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s1901 data/legal/raw/us/code/title-25/usc25.xml 7472d9ecb777a8a492aecf380ff25ad98c43d6783e5bf87cfdc33652b1877c7a d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 52a1af18e6fabff19412ea4a8c6cbe30822d101b0676dc15e54b3b4649e68670 2026-07-04 official
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25 U.S.C. § 1901 - Congressional findings

Text

Recognizing the special relationship between the United States and the Indian tribes and their members and the Federal responsibility to Indian people, the Congress finds—

(1) that clause 3, section 8, article I of the United States Constitution provides that “The Congress shall have Power * * * To regulate Commerce * * * with Indian tribes 11 So in original. Probably should be capitalized.” and, through this and other constitutional authority, Congress has plenary power over Indian affairs;

(2) that Congress, through statutes, treaties, and the general course of dealing with Indian tribes, has assumed the responsibility for the protection and preservation of Indian tribes and their resources;

(3) that there is no resource that is more vital to the continued existence and integrity of Indian tribes than their children and that the United States has a direct interest, as trustee, in protecting Indian children who are members of or are eligible for membership in an Indian tribe;

(4) that an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children from them by nontribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions; and

(5) that the States, exercising their recognized jurisdiction over Indian child custody proceedings through administrative and judicial bodies, have often failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and families.

(Pub. L. 95608, § 2, Nov. 8, 1978, 92 Stat. 3069.)

Notes

Statutory Notes and Related Subsidiaries

Short TitlePub. L. 95608, § 1, Nov. 8, 1987, 92 Stat. 3069, provided: “That this Act [enacting this chapter] may be cited as the Indian Child Welfare Act of 1978.”