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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. § 5130 Definitions us united_states_code code_section 25 INDIANS 45 PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES 5130 25 U.S.C. § 5130 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/s5130 data/legal/raw/us/code/title-25/usc25.xml d423433b6ff1c24ff0935b5225cf5af8a9c7278c8e499081785b09dc46bce9a3 d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 18ee0067373c0174732d1c382332ad4c2dd89460d18d4a68b48154395196fe2f 2026-07-04 official
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25 U.S.C. § 5130 - Definitions

Text

For the purposes of this title: 11 See References in Text note below.

(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 acknowledges to exist as an Indian tribe.

(3) The term “list” means the list of recognized tribes published by the Secretary pursuant to section 5131 of this title.

(Pub. L. 103454, title I, § 102, Nov. 2, 1994, 108 Stat. 4791.)

Notes

Editorial Notes

References in TextThis title, referred to in introductory provisions, is title I of Pub. L. 103454, Nov. 2, 1994, 108 Stat. 4791, which enacted this section, section 5131 of this title, and provisions set out as a note below. For complete classification of this title to the Code, see Short Title of 1994 Amendment note set out under section 5101 of this title and Tables.

Codification Section was formerly classified to section 479a of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Short TitleFor short title of this section and section 5131 of this title as the “Federally Recognized Indian Tribe List Act of 1994”, see section 101 of Pub. L. 103454, set out as a note under section 5101 of this title.

Congressional FindingsPub. L. 103454, title I, § 103, Nov. 2, 1994, 108 Stat. 4791, provided that: “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 relationship with those tribes, and recognizes the sovereignty 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 Regulations 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 policy 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 eligibility 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 federally recognized Indian tribes in the United States which are eligible for the special programs and services provided by the United States to Indians because of their status as Indians.”