Editorial Notes

Codification

Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Rule of Construction

Pub. L. 117–263, div. K, § 11003, Dec. 23, 2022, 136 Stat. 4003, provided that:

“(a)

In General.—

Nothing in this division [div. K (§§ 11001–11808) of Pub. L. 117–263, see Tables for classification] may be construed—

“(1)

to satisfy any requirement for government-to-government consultation with Tribal governments; or

“(2)

to affect or modify any treaty or other right of any Tribal government.

“(b)

Tribal Government Defined.—

In this section, the term ‘Tribal government’ means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of the enactment of this Act [Dec. 23, 2022] pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).”

Definitions

For definitions of “Secretary” and “Commandant” as referred to in this section, see section 11002 of div. K of Pub. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard.