```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4462 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 4462

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            October 4 (legislative day, September 12), 1994

                                Received

            October 8 (legislative day, September 12), 1994

       Read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 AN ACT

 
To provide for administrative procedures to extend Federal recognition 
           to certain Indian groups, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Federal Recognition 
Administrative Procedures Act of 1994''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to establish an administrative procedure to extend 
        Federal recognition to certain Indian groups;
            (2) to extend to Indian groups which are determined to be 
        Indian tribes the protection, services, and benefits available 
        from the Federal Government pursuant to the Federal trust 
        responsibility;
            (3) to extend to Indian groups which are determined to be 
        Indian tribes the immunities and privileges available to other 
        federally-acknowledged Indian tribes by virtue of their status 
        as Indian tribes with a government-to-government relationship 
        with the United States;
            (4) to ensure that when the Federal government extends 
        acknowledgment to an Indian tribe, it does so with a consistent 
        legal, factual and historical basis;
            (5) to establish a commission which will act in a 
        supporting role to petitioning groups applying for recognition;
            (6) to provide clear and consistent standards of 
        administrative review of documented petitions for Federal 
        acknowledgment;
            (7) to clarify evidentiary standards and expedite the 
        administrative review process by providing adequate resources 
        to process petitions; and
            (8) to remove the Federal acknowledgment process from the 
        Bureau of Indian Affairs and invest it in an independent 
        Commission on Indian Recognition.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``aboriginal group'' means any Indian group or 
        tribe that is presently located in Canada or the United States 
        of Mexico and consists of individuals who are descendants of 
        the people who inhabited the area now constituting those two 
        countries prior to their first sustained contact with Euro-
        Americans.
            (2) The term ``acknowledgment'' or ``acknowledged'' means a 
        determination by the Commission on Indian Recognition that an 
        Indian group constitutes an Indian tribe with a government-to-
        government relationship with the United States, and whose 
        members are recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians.
            (3) The term ``autonomous'' means the exercise of political 
        influence or authority independent of the control of any other 
        Indian governing entity. Autonomous must be understood in the 
        context of the history, geography, culture and social 
        organization of the petitioner.
            (4) The term ``Bureau'' means the Bureau of Indian Affairs.
            (5) The term ``Commission'' means the Commission on Indian 
        Recognition established pursuant to section 4.
            (6) The term ``community'' means any group of people, 
        living within a reasonable territorial propinquity, which can 
        demonstrate that consistent interactions and significant social 
        relationships exist within its membership and that its members 
        are differentiated from and identified as distinct from 
        nonmembers. ``Community'' must be understood in the context of 
        the history, culture and social organization of the group, 
        taking into account the geography of the region in which they 
        reside.
            (7) The term ``continuously'' or ``continuous'' means 
        extending from the first sustained contact with Euro-Americans 
        throughout the group's history to the present substantially 
        without interruption.
            (8) The term ``Department'' means the Department of the 
        Interior.
            (9) The term ``documented petition'' means the detailed, 
        factual exposition and arguments, including all documentary 
        evidence, necessary to demonstrate that these arguments 
        specifically address the mandatory criteria established in 
        section 5.
            (10) The term ``historically'', ``historical'' or 
        ``history'' means dating from the first sustained contact with 
        Euro-Americans.
            (11) The term ``Indian group'' or ``group'' means any 
        Indian, Alaska Native, or Native Hawaiian tribe, band, pueblo, 
        village or community within the United States that the 
        Secretary of the Interior does not acknowledge to be an Indian 
        tribe.
            (12) The term ``Indian tribe'' or ``tribe'' means any 
        Indian, Alaska Native, or Native Hawaiian tribe, band, pueblo, 
        village or community within the United States that the 
        Secretary of the Interior presently acknowledges to be an 
        Indian tribe.
            (13) The term ``indigenous'' means native to the United 
        States in that at least part of the petitioner's traditional 
        territory at the time of first sustained contact with Euro-
        Americans extended into what is now the United States.
            (14) The term ``letter of intent'' means an undocumented 
        letter or resolution which is dated and signed by the governing 
        body of an Indian group and submitted to the Commission and 
        indicates the group's intent to submit a petition for Federal 
        acknowledgment as an Indian tribe.
            (15) The term ``member of an Indian group'' means an 
        individual who is recognized by an Indian group as meeting its 
        membership criteria and who consents in writing to being listed 
        as a member of that group.
            (16) The term ``member of an Indian tribe'' means an 
        individual who meets the membership requirements of the tribe 
        as set forth in its governing document or, in the absence of a 
        governing document which sets out these requirements, has been 
        recognized as a member collectively by those persons comprising 
        the tribal governing body; and has consistently maintained 
        tribal relations with the tribe or is listed on the tribal 
        membership rolls as a member, if such rolls are kept.
            (17) The term ``petition'' means a petition for 
        acknowledgment submitted or transferred to the Commission 
        pursuant to section 5 of this Act.
            (18) The term ``petitioner'' means any group which has 
        submitted a letter of intent to the Commission requesting 
        acknowledgment that it is an Indian tribe.
            (19) The term ``political influence or authority'' means a 
        tribal council, leadership, internal process or other mechanism 
        which the group has used as a means of influencing or 
        controlling the behavior of its members in significant 
        respects, or making decisions for the group which substantially 
        affect its members, or representing the group in dealing with 
        non-members in matters of consequence to the group. ``Political 
        influence or authority'' is to be understood in the context of 
        the history, culture and social organization of the group.
            (20) The term ``previous Federal acknowledgment'' means any 
        action by the Federal government the character of which is 
        clearly premised on identification of a tribal political entity 
        and clearly indicates the recognition of a government-to-
        government relationship between that entity and the Federal 
        government.
            (21) The term ``restoration'' means the reextension of 
        acknowledgment to any previously acknowledged tribe which may 
        have had its acknowledged status abrogated or diminished by 
        reason of congressional legislation expressly terminating that 
        status.
            (22) The term ``Secretary'' means the Secretary of the 
        Interior.
            (23) The term ``sustained contact'' means the period of 
        earliest sustained Euro-American settlement or governmental 
        presence in the local area in which the tribe or tribes from 
        which the petitioner claims descent was located historically.
            (24) The term ``treaty'' means any treaty--
                    (A) negotiated and ratified by the United States on 
                or before March 3, 1871, with, or on behalf of, any 
                Indian group or tribe;
                    (B) made by any government with, or on behalf of, 
                any Indian group or tribe, from which government the 
                United States subsequently acquired territory by 
                purchase, conquest, annexation, or cession; or
                    (C) negotiated by the United States with, or on 
                behalf of, any Indian group in California, whether or 
                not the treaty was subsequently ratified.
            (25) The term ``tribal relations'' means participation by 
        an individual in a political and social relationship with an 
        Indian tribe.
            (26) The term ``tribal roll'' means a list exclusively of 
        those individuals who have been determined by the tribe to meet 
        the tribe's membership requirements as set forth in its 
        governing document or, in the absence of a governing document 
        setting forth those requirements, have been recognized as 
        members by the tribe's governing body. In either case, those 
        individuals on a tribal roll must have affirmatively 
        demonstrated consent to being listed as members.
            (27) The term ``United States'' means the 48 contiguous 
        states, Alaska and Hawaii; and does not include territories or 
        possessions.

SEC. 4. COMMISSION ON INDIAN RECOGNITION.

    (a) Establishment.--There is established, as an independent 
commission, the Commission on Indian Recognition.
    (b) Membership.--(1)(A) The Commission shall consist of three 
members appointed by the President, by and with the advice and consent 
of the Senate.
    (B) In making appointments to the Commission, the President shall 
give careful consideration to--
            (i) recommendations received from Indian tribes;
            (ii) individuals who have a background in Indian law or 
        policy, anthropology, genealogy, or history; and
            (iii) individuals who, at the time of nomination, are 
        employed by the United States Government and would be eligible 
        to participate through the Intergovernmental Personnel Exchange 
        Act.
    (2) No more than two members of the Commission may be members of 
the same political party.
    (3)(A) Each member of the Commission shall be appointed for a term 
of four years, except as provided in subparagraph (B).
    (B) As designated by the President at the time of appointment, of 
the members first appointed--
            (i) one shall be appointed for a term of two years;
            (ii) one shall be appointed for a term of three years; and
            (iii) one shall be appointed for a term of four years.
    (4) Any vacancy in the Commission shall not affect its powers, but 
shall be filled in the same manner in which the original appointment 
was made. Any member appointed to fill a vacancy occurring before the 
expiration of the term for which the member's predecessor was appointed 
shall be appointed only for the remainder of that term. A member may 
serve after the expiration of that member's term until a successor has 
taken office.
    (5)(A) Each member of the Commission not otherwise employed by the 
United States Government shall receive compensation at a rate equal to 
the daily equivalent of the annual rate of basic pay prescribed for 
level V of the Executive Schedule under section 5316 of title 5, United 
States Code, for each day, including traveltime, such member is engaged 
in the actual performance of duties authorized by the Commission.
    (B) Except as provided in subparagraph (C), a member of the 
Commission who is otherwise an officer or employee of the United States 
Government shall serve on the Commission without additional 
compensation, but such service shall be without interruption or loss of 
civil service status or privilege.
    (C) All members of the Commission shall be reimbursed for travel 
and per diem in lieu of subsistence expenses during the performance of 
duties of the Commission while away from home or their regular place of 
business, in accordance with subchapter I of chapter 57 of title 5, 
United States Code.
    (6) At the time appointments are made under paragraph (1), the 
President shall designate one of such appointees as Chairman of the 
Commission.
    (c) Meetings and Procedures.--(1) The Commission shall hold its 
first meeting no later than 30 days after the date on which all members 
of the Commission have been appointed and confirmed by the Senate.
    (2) Two members of the Commission shall constitute a quorum for the 
transaction of business.
    (3) The Commission may adopt such rules (consistent with the 
provisions of this Act) as may be necessary to establish its procedures 
and to govern the manner of its operations, organization, and 
personnel.
    (4) The principal office of the Commission shall be in the District 
of Columbia.
    (d) Duties.--The Commission shall carry out the duties assigned to 
the Commission by this Act, and shall meet the requirements imposed on 
the Commission by this Act.
    (e) Powers and Authorities.--(1) Subject to such rules and 
regulations as may be adopted by the Commission, the Chairman of the 
Commission is authorized to--
            (A) appoint, terminate, and fix the compensation (without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and without 
        regard to the provisions of chapter 51 and subchapter III of 
        chapter 53 of such title, or of any other provision of law, 
        relating to the number, classification, and General Schedule 
        rates) of an Executive Director of the Commission and of such 
        other personnel as the Chairman deems advisable to assist in 
        the performance of the duties of the Commission, at a rate not 
        to exceed a rate equal to the daily equivalent of the annual 
        rate of basic pay prescribed for level V of the Executive 
        Schedule under section 5316 of title 5, United States Code; and
            (B) procure, as authorized by section 3109(b) of title 5, 
        United States Code, temporary and intermittent services to the 
        same extent as is authorized by law for agencies in the 
        executive branch, but at rates not to exceed the daily 
        equivalent of the annual rate of basic pay prescribed for level 
        V of the Executive Schedule under section 5316 of such title.
    (2) The Commission is authorized to--
            (A) hold such hearings and sit and act at such times;
            (B) take such testimony;
            (C) have such printing and binding done;
            (D) enter into such contracts and other arrangements, 
        subject to the availability of funds;
            (E) make such expenditures; and
            (F) take such other actions,
as the Commission may deem advisable. Any member of the Commission may 
administer oaths or affirmations to witnesses appearing before the 
Commission.
    (3)(A) The Commission is authorized to secure directly from any 
officer, department, agency, establishment, or instrumentality of the 
Federal Government such information as the Commission may require for 
the purpose of this Act, and each such officer, department, agency, 
establishment, or instrumentality is authorized and directed to 
furnish, to the extent permitted by law, such information, suggestions, 
estimates, and statistics directly to the Commission, upon request made 
by the Chairman of the Commission.
    (B) Upon the request of the Chairman of the Commission, the head of 
any Federal department, agency, or instrumentality is authorized to 
make any of the facilities and services of such department, agency, or 
instrumentality available to the Commission and detail any of the 
personnel of such department, agency, or instrumentality to the 
Commission, on a nonreimbursable basis, to assist the Commission in 
carrying out its duties under this section.
    (C) The Commission may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the United States.
    (f) Federal Advisory Committee Act.--The provisions of the Federal 
Advisory Committee Act shall not apply to the Commission.

SEC. 5. PETITIONS FOR RECOGNITION.

    (a) In General.--(1) Any Indian group may submit to the Commission 
a petition requesting that the Commission recognize that the Indian 
group is an Indian tribe.
    (2) The provisions of this Act do not apply to the following groups 
or entities, which shall not be eligible for recognition under this 
Act--
            (A) Indian tribes, organized bands, pueblos, communities, 
        and Alaska Native entities which are recognized by the 
        Secretary as of the date of enactment of this Act as eligible 
        to receive services from the Bureau;
            (B) splinter groups, political factions, communities, or 
        groups of any character which separate from the main body of an 
        Indian tribe that, at the time of such separation, is 
        recognized as being an Indian tribe by the Secretary, unless it 
        can be clearly established that the group, faction, or 
        community has functioned throughout history until the date of 
        such petition as an autonomous Indian tribal entity;
            (C) groups, or successors in interest of groups, that prior 
        to the date of enactment of this Act, have petitioned for and 
        been denied or refused recognition as an Indian tribe under 
        regulations prescribed by the Secretary;
            (D) any Indian group whose relationship with the Federal 
        Government was expressly terminated by an Act of Congress; and
            (E) any Indian group that, in any action in a United States 
        court to which the group was a party, has previously attempted 
        to establish its status as an Indian tribe or a successor-in-
        interest to an Indian tribe that was a party to a treaty with 
        the United States, and--
                    (i) was determined by such court not to be an 
                Indian tribe; or
                    (ii) was determined by such court not to be a 
                successor-in-interest to an Indian tribe that was a 
                party to a treaty with the United States; or
                    (iii) was the subject of findings of fact by such 
                court which, if made by the Commission, would show that 
                the group was incapable of establishing one or more of 
                the criteria set forth in this section.
    (3)(A) No later than 30 days after the date on which all of the 
members of the Commission have been appointed and confirmed by the 
Senate, the Secretary shall transfer to the Commission all petitions 
pending before the Department and not then under active consideration 
that request the Secretary, or the Federal Government, to recognize or 
acknowledge an Indian group as an Indian tribe, except those groups 
whose petitions are under active consideration at the time of the 
transfer.
    (B) On the date of such transfer, the Secretary and the Department 
shall cease to have any authority to recognize or acknowledge, on 
behalf of the Federal government, any Indian group as an Indian tribe, 
except those groups under active consideration whose petitions have 
been retained by the Department pursuant to subparagraph (A) of this 
paragraph.
    (C) Petitions transferred to the Commission under subparagraph (A) 
of this paragraph shall, for purposes of this Act, be considered as 
having been submitted to the Commission in the same order as they were 
submitted to the Department.
    (b) Petition Form and Content.--Except as provided in subsection 
(c), any petition submitted under subsection (a) by an Indian group 
shall be in any readable form which clearly indicates that it is a 
petition requesting the Commission to recognize that the Indian group 
is an Indian tribe and which contains detailed, specific evidence as to 
each of the following:
            (1) A statement of facts establishing that the petitioner 
        has been identified as an American Indian entity on a 
        substantially continuous basis since 1871. Evidence that the 
        group's character as an Indian entity has from time to time 
        been denied shall not be considered to be conclusive evidence 
        that this criterion has not been met. Evidence to be relied 
        upon in determining a group's Indian identity may include one 
        or a combination of the following, as well as other evidence of 
        identification by other than the petitioner itself or its 
        members:
                    (A) Identification of the petitioner as an Indian 
                entity by Federal authorities.
                    (B) Relationships of the petitioner with State 
                governments based on identification of the petitioner 
                as an Indian entity.
                    (C) Dealings of the petitioner with a county, 
                parish, or other local government in a relationship 
                based on the Indian identity of the petitioner.
                    (D) Identification of the petitioner as an Indian 
                entity by records in private or public archives, 
                courthouses, churches, or schools.
                    (E) Identification of the petitioner as an Indian 
                entity by anthropologists, historians, or other 
                scholars.
                    (F) Identification of the petitioner as an Indian 
                entity in newspapers, books, or similar media.
                    (G) Identification of the petitioner as an Indian 
                entity by other Indian tribes or by national, regional, 
                or state Indian organizations.
                    (H) Identification of the petitioner as an Indian 
                entity by foreign governments or international 
                organizations.
            (2)(A) A statement of facts establishing that a predominant 
        portion of the membership of the petitioner comprises a 
        community distinct from those surrounding it and has existed as 
        a community from historical times to the present. Evidence to 
        be relied upon in determining that the petitioner meets this 
        criterion may include one or a combination of the following:
                    (i) Significant rates of marriage within the group, 
                or, as may be culturally required, patterned out-
                marriages with other Indian populations.
                    (ii) Significant social relationships connecting 
                individual members.
                    (iii) Significant rates of informal social 
                interaction which exist broadly among the members of a 
                group.
                    (iv) A significant degree of shared or cooperative 
                labor or other economic activity among the membership.
                    (v) Evidence of strong patterns of discrimination 
                or other social distinctions by non-members.
                    (vi) Shared sacred or secular ritual activity 
                encompassing most of the group.
                    (vii) Cultural patterns shared among a significant 
                portion of the group that are different from those of 
                the non-Indian populations with whom it interacts. 
                These patterns must function as more than a symbolic 
                identification of the group as Indian, and may include, 
                but are not limited to, language, kinship or religious 
                organizations, or religious beliefs and practices.
                    (viii) The persistence of a named, collective 
                Indian identity continuously over a period of more than 
                50 years, notwithstanding changes in name.
                    (ix) A demonstration of historical political 
                influence pursuant to the criterion set forth in 
                paragraph (3).
            (B) A petitioner shall be considered to have provided 
        sufficient evidence of community at a given point in time if 
        evidence is provided demonstrating any one of the following:
                    (i) More than 50 percent of the members reside in a 
                particular geographical area exclusively or almost 
                exclusively composed of members of the group, and the 
                balance of the group maintains consistent social 
                interaction with some members of the community;
                    (ii) At least 50 percent of the marriages of the 
                group are between members of the group;
                    (iii) At least 50 percent of the group members 
                maintain distinct cultural patterns such as, but not 
                limited to, language, kinship or religious 
                organizations, or religious beliefs or practices;
                    (iv) There are distinct community social 
                institutions encompassing a substantial portion of the 
                members, such as kinship organizations, formal or 
                informal economic cooperation, or religious 
                organizations; or
                    (v) The group has met the criterion in paragraph 
                (3) using evidence described in paragraph (3)(B).
            (3)(A) A statement of facts establishing that the 
        petitioner has maintained political influence or authority over 
        its members as an autonomous entity from historical times until 
        the present. Evidence to be relied upon in determining that the 
        petitioner meets this criterion may include one or a 
        combination of the following:
                    (i) The group is able to mobilize significant 
                numbers of members and significant resources from its 
                members for group purposes.
                    (ii) Most of the membership considers issues acted 
                upon or taken by group leaders or governing bodies to 
                be of personal importance.
                    (iii) There is a widespread knowledge, 
                communication and involvement in political processes by 
                most of the group's members.
                    (iv) The group meets the criterion in paragraph (2) 
                at more than a minimal level.
                    (v) There are intragroup conflicts which show 
                controversy over valued group goals, properties, 
                policies, processes or decisions.
            (B) A petitioner shall be considered to have provided 
        sufficient evidence to demonstrate the exercise of political 
        influence or authority at a given point in time by 
        demonstrating that group leaders or other mechanisms exist or 
        existed which:
                    (i) Allocate group resources such as land, 
                residence rights or the like on a consistent basis.
                    (ii) Settle disputes between members or subgroups 
                such as clans or moieties by mediation or other means 
                on a regular basis.
                    (iii) Exert strong influence on the behavior of 
                individual members, such as the establishment or 
                maintenance of norms and the enforcement of sanctions 
                to direct or control behavior.
                    (iv) Organize or influence economic subsistence 
                activities among the members, including shared or 
                cooperative labor.
            (C) A group that has met the requirements in paragraph 
        (2)(B) at a given point in time shall be considered to have 
        provided sufficient evidence to meet this criterion at that 
        same point in time.
            (4) A copy of the petitioner's present governing document 
        including its membership criteria. In the absence of a written 
        document, the petitioner must provide a statement describing in 
        full its membership criteria and current governing procedures.
            (5) A list of all current members of the petitioner, 
        including each member's full name (and maiden name, if any), 
        date and place of birth, and current residential address, as 
        well as a copy of each available former list of members based 
        on the petitioner's own defined criteria, and a statement 
        describing the methods used in preparing those lists. The 
        membership must consist of individuals who have established 
        descendancy from an Indian group which existed historically or 
        from historical Indian groups which combined and functioned as 
        a single autonomous entity. Evidence of tribal membership 
        required by the Commission includes (but is not limited to)--
                    (A) descendancy rolls prepared by the Secretary for 
                the petitioner for purposes of distributing claims 
                money, providing allotments, or other purposes;
                    (B) State, Federal, or other official records or 
                evidence identifying present members of the petitioner, 
                or ancestors of present members of the petitioner, as 
                being descendants of a historic tribe or historic 
                tribes that combined and functioned as a single 
                autonomous political entity;
                    (C) church, school, and other similar enrollment 
                records identifying present members or ancestors of 
                present members as being descendants of a historic 
                tribe or historic tribes that combined and functioned 
                as a single autonomous political entity;
                    (D) affidavits of recognition by tribal elders, 
                leaders, or the tribal governing body identifying 
                present members or ancestors of present members as 
                being descendants of a historic tribe or historic 
                tribes that combined and functioned as a single 
                autonomous political entity; and
                    (E) other records or evidence identifying present 
                members or ancestors of present members as being 
                descendants of a historic tribe or historic tribes that 
                combined and functioned as a single autonomous 
                political entity.
    (c) Exceptions.--A petition from an Indian group which can 
demonstrate by a preponderance of the evidence that it was, or is the 
successor in interest to, a--
            (1) party to a treaty or treaties;
            (2) group acknowledged by any agency of the Federal 
        Government as eligible to participate in the Indian 
        Reorganization Act of 1934 (25 U.S.C. 461 et seq.);
             (3) group for the benefit of which the United States took 
        into trust land or lands, or which the Federal government has 
        treated as having collective rights in tribal lands or funds; 
        or
            (4) group has been denominated a tribe by Act of Congress 
        or Executive Order,
shall be required to establish the criteria set forth in this section 
only from the date of that Federal action to the present.

SEC. 6. NOTICE OF RECEIPT OF PETITION.

    (a) Petitioner.--Within 30 days after a petition is submitted or 
transferred to the Commission under section 5(a), the Commission shall 
send an acknowledgement of receipt in writing to the petitioner and 
shall have published in the Federal Register a notice of such receipt, 
including the name, location, and mailing address of the petitioner and 
such other information that will identify the entity who submitted the 
petition and the date the petition was received by the Commission. The 
notice shall also indicate where a copy of the petition may be 
examined.
    (b) Others.--The Commission shall also notify, in writing, the 
Governor and attorney general of, and each recognized Indian tribe 
within, any State in which a petitioner resides.
    (c) Publication; Opportunity for Supporting or Opposing 
Submissions.--The Commission shall publish the notice of receipt of the 
petition in a major newspaper of general circulation in the town or 
city nearest the location of the petitioner. The notice shall include, 
in addition to the information described in subsection (a), notice of 
opportunity for other parties to submit factual or legal arguments in 
support of or in opposition to, the petition. Such submissions shall be 
provided to the petitioner upon receipt by the Commission. The 
petitioner shall be provided an opportunity to respond to such 
submissions prior to a determination on the petition by the Commission.

SEC. 7. PROCESSING THE PETITION.

    (a) Review.--(1) Upon receipt of a documented petition, the 
Commission shall conduct a review to determine whether the petitioner 
is entitled to be recognized as an Indian tribe.
    (2) The review conducted under paragraph (1) shall include 
consideration of the petition, supporting evidence, and the factual 
statements contained in the petition.
    (3) The Commission may also initiate other research for any purpose 
relative to analyzing the petition and obtaining additional information 
about the petitioner's status and may consider any evidence which may 
be submitted by other parties.
    (4) Upon request by the petitioner, the Library of Congress and the 
National Archives shall each allow access to the petitioner to its 
resources, records, and documents, for the purpose of conducting 
research and preparing evidence concerning the status of the 
petitioner.
    (b) Consideration.--(1) Except as otherwise provided in this 
subsection, petitions shall be considered on a first come, first served 
basis, determined by the date of the original filing of the petition 
with the Commission, or the Department if the petition is one 
transferred to the Commission pursuant to section 5(a). The Commission 
shall establish a priority register including those petitions pending 
before the Department on the date of enactment of this Act.
    (2) Petitions that are submitted to the Commission by Indian groups 
that meet one or more of the requirements set forth in section 5(c) 
shall receive priority consideration over petitions submitted by any 
other Indian group.

SEC. 8. PRELIMINARY HEARING.

    (a) In General.--Within 60 days after the receipt of a petition by 
the Commission, the Commission shall set a date for a preliminary 
hearing. At the preliminary hearing, the petitioner and any other 
concerned party may provide evidence concerning the status of the 
petitioner.
    (b) Determination.--(1) Within 30 days after the conclusion of the 
preliminary hearing under subsection (a), the Commission shall make a 
determination either--
            (A) to extend Federal acknowledgement to the petitioner; or
            (B) that the petitioner proceed to an adjudicatory hearing.
    (2) The Commission shall publish the determination in the Federal 
Register.
    (c) Information to be Provided Preparatory to an Adjudicatory 
Hearing.--(1) If the Commission determines under subsection (b) that 
the petitioner proceed to an adjudicatory hearing, the Commission 
shall--
            (A) make available its appropriate evidentiary records to 
        the petitioner to assist the petitioner in preparing for the 
        adjudicatory hearing, and shall also include such guidance as 
        the Commission considers necessary or appropriate to assist the 
        petitioner in preparing for the hearing; and
            (B) within 30 days after the conclusion of the preliminary 
        hearing under subsection (a), notify the petitioner in writing, 
        which notice shall include a list of any deficiencies or 
        omissions on which the Commission relied in making its 
        determination.
    (2) The list of deficiencies and omissions provided under paragraph 
(1)(B) shall be the subject of the adjudicatory hearing. The Commission 
may not add to this list once it is issued.

SEC. 9. ADJUDICATORY HEARING.

    (a) In General.--Within 180 days after the conclusion of the 
preliminary hearing, the Commission shall afford the petitioner 
described in section 8(b)(1)(B) an adjudicatory hearing. The hearing 
shall be on the list of deficiencies and omissions provided under 
section 8(c)(1)(B) and shall be conducted pursuant to section 554 of 
title 5, United States Code.
    (b) Testimony From Staff of Commission.--The Commission may require 
testimony from its acknowledgement and research staff or other 
witnesses. Any such testimony shall be subject to cross-examination by 
the petitioner.
    (c) Evidence by Petitioner.--The petitioner may provide such 
evidence as the petitioner deems appropriate.
    (d) Decision by Commission.--Within 60 days after the end of the 
hearing held under subsection (a), the Commission shall--
            (1) make a determination as to the extension or denial of 
        Federal acknowledgment to the petitioner;
            (2) publish its determination under paragraph (1) in the 
        Federal Register; and
            (3) deliver a copy of the determination to the petitioner, 
        and to every other interested party.

SEC. 10. APPEALS.

    (a) In General.--Within 60 days after the date the Commission's 
decision is published under section 9(d), the petitioner may appeal the 
determination to the United States District Court for the District of 
Columbia.
    (b) Attorney Fees.--If the petitioner prevails in the appeal 
described in subsection (a), it shall be eligible for an award of 
reasonable attorney fees and costs under the provisions of section 504 
of title 5, United States Code, or section 2412 of title 28 of such 
Code, as the case may be.

SEC. 11. EFFECT OF DETERMINATIONS.

    A determination by the Commission that an Indian group is 
recognized by the Federal Government as an Indian tribe shall not have 
the effect of--
            (1) depriving or diminishing the right of any other Indian 
        tribe to govern its reservation as such reservation existed 
        prior to the recognition of such Indian group, or as the same 
        may exist thereafter;
            (2) depriving or diminishing any property right held in 
        trust or recognized by the United States for such other Indian 
        tribe as it existed prior to the recognition of such Indian 
        group; or
            (3) depriving or diminishing any previously or 
        independently existing claim by a petitioner to any such 
        property right held in trust by the United States for such 
        other Indian tribe prior to the recognition of such Indian 
        group.

SEC. 12. IMPLEMENTATION OF DECISIONS.

    (a) Eligibility for Services and Benefits.--(1) Subject to 
paragraph (2), upon recognition by the Commission that the petitioner 
is an Indian tribe, the Indian tribe shall be eligible for the services 
and benefits from the Federal Government that are available to other 
federally recognized Indian tribes by virtue of their status as Indian 
tribes with a government-to-government relationship with the United 
States, as well as having the responsibilities and obligations of such 
Indian tribes. Such recognition shall subject the Indian tribes to the 
same authority of Congress and the United States to which other 
federally recognized tribes are subject.
    (2) Recognition of the Indian tribe under this Act does not create 
an immediate entitlement to existing programs of the Bureau. Such 
programs shall become available upon appropriation of funds by law. 
Requests for appropriations shall follow a determination under 
subsection (b) of the needs of the newly recognized Indian tribe.
    (b) Needs Determination.--Within 6 months after an Indian tribe is 
recognized under this Act, the appropriate area offices of the Bureau 
and the Indian Health Service shall consult and develop in cooperation 
with the Indian tribe, and forward to the respective Secretary, a 
determination of the needs of the Indian tribe and a recommended budget 
required to serve the newly recognized Indian tribe. The recommended 
budget shall be considered along with recommendations by the 
appropriate Secretary in the budget-request process.

SEC. 13. ANNUAL REPORT CONCERNING COMMISSION'S ACTIVITIES.

    (a) List of Recognized Tribes.--Not later than 90 days after the 
date of the enactment of this Act, and annually on or before every 
January 30 thereafter, the Commission shall publish in the Federal 
Register a list of all Indian tribes which are recognized by the 
Federal Government and receiving services from the Bureau of Indian 
Affairs.
    (b) Annual Report.--Beginning one year after the date of the 
enactment of this Act, and annually thereafter, the Commission shall 
submit a report to the Committee on Natural Resources of the House of 
Representatives and to the Committee on Indian Affairs of the Senate a 
report on its activities, which shall include at a minimum the 
following:
            (1) The number of petitions pending at the beginning of the 
        year and the names of the petitioners.
            (2) The number of petitions received during the year and 
        the names of the petitioners.
            (3) The number of petitions the Commission approved for 
        acknowledgment and the names of the acknowledged petitioners.
            (4) The number of petitions the Commission denied for 
        acknowledgement and the names of the petitioners.
            (5) The status of all pending petitions and the names of 
        the petitioners.

SEC. 14. ACTIONS BY PETITIONERS FOR ENFORCEMENT.

    Any petitioner may bring an action in the district court of the 
United States for the district in which the petitioner resides, or the 
United States District Court for the District of Columbia, to enforce 
the provisions of this Act, including any time limitations within which 
actions are required to be taken, or decisions made, under this Act and 
the district court shall issue such orders (including writs of 
mandamus) as may be necessary to enforce the provisions of this Act.

SEC. 15. REGULATIONS.

    The Commission is authorized to prescribe such regulations as may 
be necessary to carry out the provisions and purposes of this Act. All 
such regulations must be published in accordance with the provisions of 
title 5, United States Code.

SEC. 16. GUIDELINES AND ADVICE.

    (a) Guidelines.--No later than 90 days after the date of enactment 
of this Act, the Commission shall make available suggested guidelines 
for the format of petitions, including general suggestions and 
guidelines on where and how to research required information, but such 
examples shall not preclude the use of any other format.
    (b) Research Advice.--The Commission, upon request, is authorized 
to provide suggestions and advise to any petitioner for his research 
into the petitioner's historical background and Indian identity. The 
Commission shall not be responsible for the actual research on behalf 
of the petitioner.

SEC. 17. ASSISTANCE TO PETITIONERS.

    (a) Grants.--(1) The Secretary of Health and Human Services may 
award grants to Indian groups seeking Federal recognition to enable the 
Indian groups to--
            (A) conduct the research necessary to substantiate 
        petitions under this Act; and
            (B) prepare documentation necessary for the submission of a 
        petition under this Act.
    (2) The grants made under this subsection shall be in addition to 
any other grants the Secretary of Health and Human Services is 
authorized to provide under any other provision of law.
    (b) Competitive Award.--Grants provided under subsection (a) shall 
be awarded competitively based on objective criteria prescribed in 
regulations promulgated by the Secretary of Health and Human Services.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    (a) Commission.--There are authorized to be appropriated for the 
Commission for the purpose of carrying out the provisions of this Act 
(other than section 17), $1,500,000 for fiscal year 1995 and $1,500,000 
for each of the 12 succeeding fiscal years.
    (b) Secretary of HHS.--There are authorized to be appropriated for 
the Administration for Native Americans of the Department of Health and 
Human Services for the purpose of carrying out the provisions of 
section 17 $3,000,000 for each fiscal year.

            Passed the House of Representatives October 3, 1994,

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 4462 RFS----2
HR 4462 RFS----3
HR 4462 RFS----4
```