25-U.S.C.-1300M-1

25-U.S.C.-1300M-1

§1300M-1 – §1300M-1. Restoration of Federal Recognition, Rights, and Privileges

Pathway

Title 25 > Chapter 14 > Subchapter LXXXIV > Section 1300m-1

Details

  • Reference: Section 1300m-1
  • Legend: §1300M-1 – §1300M-1. Restoration of Federal Recognition, Rights, and Privileges
  • USCode Year: 2013

Provision Content

(a) Federal recognition

Federal recognition is hereby extended to the Tribe. Except as otherwise provided in this subchapter, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this subchapter shall be applicable to the Tribe and its members.

(b) Restoration of rights and privileges

Except as provided in subsection (d) of this section, all rights and privileges of the Tribe and its members under any Federal treaty, Executive order, agreement, or statute, or under any other authority which were diminished or lost under the Act of August 18, 1958 (Public Law 85–671; 72 Stat. 619), are hereby restored and the provisions of such Act shall be inapplicable to the Tribe and its members after November 2, 1994.

(c) Federal services and benefits

Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after November 2, 1994, for all Federal services and benefits furnished to federally recognized Indian tribes or their members. In the case of Federal services available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribes service area shall be deemed to be residing on a reservation.

(d) Hunting, fishing, trapping, and water rights

Nothing in this subchapter shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water right of the Tribe and its members.

(e) Indian Reorganization Act applicability

The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its members.

(f) Certain rights not altered

Except as specifically provided in this subchapter, nothing in this subchapter shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes levied.

(Pub. L. 103–454, title III, §303, Nov. 2, 1994, 108 Stat. 4793.)

References in Text

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

Act of June 18, 1934, referred to in subsec. (e), popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.

U.S. Encyclopedia of Law Coverage

25-U.S.C.-1300J-8 in the Legal Encyclopedia: Indians

In this entry about 25-U.S.C.-1300J-8, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.

Title 16 – Conservation in the Legal Encyclopedia: California

In this entry about Title 16 – Conservation, find legal reference material, bibliographies and premiere content related to california in the American Encyclopedia of Law, presenting a comprehensive view of the United States california-specific issues, written by authorities in the field.

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