I 

109TH CONGRESS 

1ST SESSION H. R. 3475

To require the prompt review by the Secretary of the Interior of Petition 

No. 120 for Federal recognition of the Amah Mutsun of Mission San 

Juan Bautista as an Indian tribe, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2005

Mr. HONDA introduced the following bill; which was referred to the Committee 

on Resources 

A BILL

To require the prompt review by the Secretary of the Interior 

of Petition No. 120 for Federal recognition of the Amah 

Mutsun of Mission San Juan Bautista as an Indian 

tribe, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PROMPT CONSIDERATION OF PETITION NO. 120 

4 REQUESTING FEDERAL RECOGNITION OF 

5 THE AMAH MUTSUN OF MISSION SAN JUAN 

6 BAUTISTA AS AN INDIAN TRIBE. 

7 (a) TIME PERIOD FOR PROPOSED FINDING.—Not 

8 later than 6 months after the date of the enactment of 
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1 this Act, the Secretary shall publish a proposed finding 

2 with respect to Petition No. 120 for Federal recognition 

3 of the Tribe consistent with part 83 of title 25, Code of 

4 Federal Regulations. 

5 (b) TIME PERIOD FOR FINAL DETERMINATION.—

6 Not later than 1 year after the date of the enactment of 

7 this Act, the Secretary shall publish a final determination 

8 with respect to Petition No. 120 for Federal recognition 

9 of the Tribe consistent with part 83 of title 25, Code of 

10 Federal Regulations. 

11 (c) NUMBER OF MEMBERS NOT A FACTOR.—The 

12 number of persons listed on the membership roll for Peti13 tion No. 120 for Federal recognition of the Tribe shall 

14 not be taken into account in considering the petition, ex15 cept that the Secretary may review the eligibility of indi16 vidual members or groups listed in the petition in accord17 ance with the provisions of part 83 of title 25, Code of 

18 Federal Regulations. 

19 (d) EFFECT OF FAILURE TO COMPLY.—If the Sec20 retary fails to publish a proposed finding required by sub21 section (a) or a final determination required by subsection 

22 (b) by the end of the time period required for the proposed 

23 finding or final determination by such subsections, the 

24 Tribe may seek in the appropriate United States district 

25 court a determination by the court of whether the Tribe 
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1 should be recognized as an Indian tribe in accordance with 

2 the criteria specified in section 83.7 of title 25, Code of 

3 Federal Regulations. In any such action, the court shall 

4 treat such failure by the Secretary as final agency action. 

5 (e) REVIEW OF ADVERSE DECISION.—If the final de6 termination required by subsection (b) refuses to recognize 

7 the Tribe as an Indian tribe, the Tribe may seek, during 

8 the 1-year period beginning on the date on which the final 

9 determination is published, a review of the determination 

10 in the appropriate United States district court, notwith11 standing the availability of other administrative remedies. 

12 (f) NO CHANGE IN CRITERIA.—Nothing in this Act 

13 shall be construed to change the criteria established by 

14 the Department of the Interior to determine whether or 

15 not a petitioner meets the requirements to be a federally 

16 recognized Indian tribe. 

17 (g) DEFINITIONS.—For the purposes of this Act, the 

18 following definitions apply: 

19 (1) TRIBE.—The term ‘‘Tribe’’ means the In20 dian tribe known as the Amah Mutsun of Mission 

21 San Juan Bautista, whose petition for Federal rec22 ognition as an Indian tribe has been designated Pe23 tition No. 120 by the Secretary, and all members 

24 thereof whose names appear on the Tribe’s member25 ship roll submitted to the Secretary. 
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior, or a designee of the 

3 Secretary.

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