25 U.S.C. § 5130

Definitions

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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. 103–454, title I, § 102, Nov. 2, 1994, 108 Stat. 4791.)Editorial NotesReferences in Text

This title, referred to in introductory provisions, is title I of Pub. L. 103–454, 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 SubsidiariesShort Title

For 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. 103–454, set out as a note under section 5101 of this title.

Congressional Findings

Pub. L. 103–454, 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.”

Notes of Decisions

Cited in 15 cases (6 in the last 5 years), 2017–2025 · leading case: Koi Nation of N. Cal. v. U.S. Dep't of the Interior, 361 F. Supp. 3d 14 (D.C. Cir. 2019).

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Koi Nation of N. Cal. v. U.S. Dep't of the Interior, 361 F. Supp. 3d 14 (D.C. Cir. 2019). · cites it 5× “See 25 U.S.C. § 5130 notes (Congressional Findings ¶ 3) (providing that "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…”

Yellen v. Confederated Tribes of Chehalis Reservation, 594 U.S. 338 (2021). · cites it 2× “See 25 U. S. C. §§5130 , 5131. The List Act requires the Secretary of the Interior to pub- lish an annual list of “all Indian tribes which the Secretary recognizes to be eligible for the special programs and ser- vices provided by the United States to Indians because of their…”

Cnty. of Amador v. United States Dep't of the Interior, 872 F.3d 1012 (9th Cir. 2017). “4791 (1994), codified at 25 U.S.C. §§ 5130 , 5131. The “findings” section of the law—which was not codified in the United States Code— includes the following statement: “Indian tribes presently may be recognized by Act of Congress; by the administrative procedures set forth in…”

Mdewakanton Sioux Indians of Minnesota v. Jewell, 264 F. Supp. 3d 116 (D.D.C. 2017). “Plaintiffs do not dispute that the MSIM is not “recognized” by the Secretary of the Interior or included on the list of Indian tribes published by the Secretary pursuant to 25 U.S.C. § 5130 (2) et seq. See, e.g., Compl.”

Burt Lake Band of Ottawa & Chippewa Indians v. Zinke, 304 F. Supp. 3d 70 (D.C. Cir. 2018). “, the Due Process Clause and the Equal Protection Clause of the Fifth Amendment of the United States Constitution, and the Federally Recognized Indian Tribe List Act, 25 U.S.C § 5130 et seq. , in connection with two events: the agency's failure to issue a decision on a petition…”

Frank's Landing Indian Cmty. v. Nat'l Indian Gaming Comm'n, 242 F. Supp. 3d 1156 (W.D. Wash. 2017). · cites it 5× “103-454 (1994) (codified at 25 U.S.C. §§ 5130 , 5131), which provides that: For the purposes of this title: (1) The term “Secretary” means the Secretary of the Interior.”

Confederated Tribes of the Chehalis Reservation v. Mnuchin (D.D.C. 2020). · cites it 2× “” 25 U.S.C. § 5130 (2). That clearly defined exclusion of ANCs begs the question: If Congress wanted to exclude ANCs from receiving CARES Act funds, why not incorporate the definition of “Indian tribe” from the List Act, or refer expressly to the published list itself? As amicus…”

Mdewakanton Band of Sioux in Minnesota v. Bernhardt (D.D.C. 2020). · cites it 2× “. . may be recognized by . . . a decision of a United States court.”

Yellen v. Confederated Tribes of Chehalis Reservation (2021). · cites it 2× “See 25 U. S. C. §§5130 , 5131. The List Act requires the Secretary of the Interior to pub- lish an annual list of “all Indian tribes which the Secretary recognizes to be eligible for the special programs and ser- vices provided by the United States to Indians because of their…”

Burt Lake Band of Ottawa & Chippewa Indians v. Zinke (D.D.C. 2018). “, the Due Process Clause and the Equal Protection Clause of the Fifth Amendment of the United States Constitution, and the Federally Recognized Indian Tribe List Act, 25 U.S.C § 5130 et seq., 1 Plaintiff originally named former Acting Assistant Secretary for Indian Affairs…”

Confederated Tribes of the Chehalis Reservation v. Mnuchin (D.D.C. 2020). “, 25 U.S.C. § 5130 (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.”

Mdewakanton Band of Sioux in Minnesota v. Debra Haaland (D.C. Cir. 2021). “25 U.S.C. §§ 5130 et seq. Interior also runs an administrative process under 25 C.”

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