U.S. Code » Title 25 » Chapter CHAPTER 45— PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

25 U.S.C. § 5131

Publication of list of recognized tribes

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(a) Publication of list

The Secretary shall publish in the Federal Register a list of all Indian tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(b) Frequency of publication

The list shall be published within 60 days of November 2, 1994, and annually on or before every January 30 thereafter.

(Pub. L. 103–454, title I, § 104, Nov. 2, 1994, 108 Stat. 4792.)Editorial NotesCodification

Section was formerly classified to section 479a–1 of this title prior to editorial reclassification and renumbering as this section.

Notes of Decisions
Cited in 21 cases (13 in the last 5 years), 2017–2026 · 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 2× “" List Act, *25 25 U.S.C. § 5131 (a) ; see also id. § 5130 notes (Congressional Findings ¶ 3).”
Agua Caliente Tribe of Cupeno v. Tara Katuk Mac Lean Sweeney, 932 F.3d 1207 (9th Cir. 2019). “” 25 U.S.C. § 5131 . In its findings, Congress stated that a tribe may become recognized through Congress, the Part 83 administrative process, or a decision of a United States court.”
Yellen v. Confederated Tribes of Chehalis Reservation, 594 U.S. 338 (2021). “” 25 U. S. C. §5131 (a). No one before us thinks the Secretary of the Interior should list the ANCs as federally recognized tribes.”
Franks Landing Indian Cmty. v. Nat'l Indian Gaming Comm'r., 918 F.3d 610 (9th Cir. 2019). · cites it 2× “9 NAT’L INDIAN GAMING COMM’N Recognized Indian Tribe List Act of 1994 (List Act), 25 U.S.C. § 5131 , the Secretary of the Interior publishes an annual list of all federally recognized tribes that have obtained recognition through any one of these three means.”
Confederated Tribes v. Steven Mnuchin, 976 F.3d 15 (D.C. Cir. 2020). “” 25 U.S.C. § 5131 (a). Thus, in language that twice tracks ISDA’s recognition clause almost verbatim, the List Act equates federal recognition of Indian tribes with eligibility for “the special programs and services provided by the United States to Indians because of their…”
Big Sandy Rancheria Enters. v. Rob Bonta, 1 F.4th 710 (9th Cir. 2021). “” 25 U.S.C. § 5131 ; see also 25 C.F.R. §§ 83.”
Anderson v. Par., 2026 OK 36, 590 P.3d 947. · cites it 2× “: BACKGROUND ¶1 The Thlopthlocco Tribal Town (hereinafter "Tribe") is a federally recognized Indian Tribe under 25 U.S.C. § 5131, located in Okfuskee County, Oklahoma.”
Frank's Landing Indian Cmty. v. Nat'l Indian Gaming Comm'n, 242 F. Supp. 3d 1156 (W.D. Wash. 2017). · cites it 4× “25 U.S.C. § 5131 (formerly § 479a-1). To obtain recognition by the Secretary as an “Indian tribe” under the List Act, an Indian or Alaskan Native tribe, band, nation, pueblo, village or community must submit an application to the Secretary by documented petition pursuant to 25 C.”
Burt Lake Band of Ottawa & Chippewa Indians v. Zinke, No. 2017-0038 (D.D.C. Mar. 25, 2020). “Since, according to plaintiff, the unifying goal of these statutes is to promote self-determination, and federal recognition is central to achieving self-determination, “the draconian decision to adopt an absolute prohibition on re-petitioning under any 4 In support of its…”
Fort Sill Apache Tribe v. Nat'l Indian Gaming Comm'n, No. 2014-0958 (D.D.C. Apr. 30, 2020). “See 25 U.S.C. § 5131 (a). 3 The IGRA established the NIGC as an entity within DOI and charged it with ensuring that gaming on Indian lands is conducted consistent with the IGRA.”
Confederated Tribes of the Chehalis Reservation v. Mnuchin, No. 2020-1002 (D.D.C. June 26, 2020). “4791, or List Act, which directs the Secretary of Interior to publish a “list of all Indian tribes that the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians” (quoting 25 U.S.C. §…”
Mdewakanton Band of Sioux in Minnesota v. Debra Haaland, No. 20-5173 (D.C. Cir. May 18, 2021). “” 25 U.S.C. § 5131 (a) (emphasis added). Congressional actions receive great weight in the Secretary’s merits determinations.”
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