25 U.S.C. § 1679

Eligibility of California Indians

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(a) In generalThe following California Indians shall be eligible for health services provided by the Service:(1) Any member of a federally recognized Indian tribe.(2) Any descendant of an Indian who was residing in California on June 1, 1852, if such descendant—(A) is a member of the Indian community served by a local program of the Service; and(B) is regarded as an Indian by the community in which such descendant lives.(3) Any Indian who holds trust interests in public domain, national forest, or reservation allotments in California.(4) Any Indian of California who is listed on the plans for distribution of the assets of rancherias and reservations located within the State of California under the Act of August 18, 1958 (72 Stat. 619), and any descendant of such an Indian.(b) Clarification

Nothing in this section may be construed as expanding the eligibility of California Indians for health services provided by the Service beyond the scope of eligibility for such health services that applied on May 1, 1986.

(Pub. L. 94–437, title VIII, § 809, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)Editorial NotesReferences in Text

Act of August 18, 1958, referred to in subsec. (a)(4), is Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code.

Codification

Section 809 of Pub. L. 94–437 is based on section 192(3) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

Prior Provisions

A prior section 1679, Pub. L. 94–437, title VIII, § 809, formerly title VII, § 709, as added Pub. L. 96–537, § 8(b), Dec. 17, 1980, 94 Stat. 3181; amended Pub. L. 100–713, title VII, § 703, Nov. 23, 1988, 102 Stat. 4827; renumbered title VIII, § 809, Pub. L. 102–573, title VII, § 701(a), (b), Oct. 29, 1992, 106 Stat. 4572, related to report to Congress containing sufficient data to determine eligibility of California Indians for health services provided by the Service and preliminary eligibility criteria, prior to repeal by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. The repeal is based on section 192(3) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

Notes of Decisions

Cited in 1 case, 1994–1994 · leading case: Greg Malone Gene Malone v. Bureau of Indian Affairs, 38 F.3d 433 (9th Cir. 1994).

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Greg Malone Gene Malone v. Bureau of Indian Affairs, 38 F.3d 433 (9th Cir. 1994). “In the 1988 Amendments to the Indian Health Care Improvement Act of 1980 (“IHCIA”), 25 U.S.C. § 1679 (West Supp.1994), Congress extended eligibility not only to members of federally recognized tribes, but also to certain eategoriés of California Indians.”

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