Union Calendar No. 429

103D CONGRESS

2D SESSION H. R. 4462

[Report No. 103–782]

A BILL

To provide for administrative procedures to extend

for other purposes.Federal recognition to certain Indian groups, and

OCTOBER 3, 1994

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 429

103D CONGRESS

2D SESSION H. R. 4462

[Report No. 103–782]

To provide for administrative procedures to extend Federal recognition to

certain Indian groups, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 19, 1994

Mr. RICHARDSON (for himself and Mr. THOMAS of Wyoming) introduced the

following bill; which was referred to the Committee on Natural Resources

OCTOBER 3, 1994

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Omit the part struck through and insert the part printed in italic]

A BILL

To provide for administrative procedures to extend Federal

recognition to certain Indian groups, 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Indian Federal Rec5 ognition Administrative Procedures Act of 1994’’.
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1 SEC. 2. PURPOSES.

2 The purposes of this Act are—

3 (1) to establish an administrative procedure to

4 extend Federal recognition to certain Indian groups;

5 (2) to extend to Indian groups which are deter6 mined to be Indian tribes the protection, services,

7 and benefits available from the Federal Government

8 pursuant to the Federal trust responsibility;

9 (3) to provide clear and consistent standards of

10 administrative review of recognition petitions for In11 dian groups; and

12 (4) to expedite the administrative review proc13 ess by providing definitive timelines for review and

14 adequate resources to process recognition petitions.

15 (3) to extend to Indian groups which are deter16 mined to be Indian tribes the immunities and privi17 leges available to other federally-acknowledged Indian

18 tribes by virtue of their status as Indian tribes with

19 a government-to-government relationship with the

20 United States;

21 (4) to ensure that when the Federal government

22 extends acknowledgment to an Indian tribe, it does so

23 with a consistent legal, factual and historical basis;

24 (5) to establish a commission which will act in

25 a supporting role to petitioning groups applying for

26 recognition;
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1 (6) to provide clear and consistent standards of

2 administrative review of documented petitions for

3 Federal acknowledgment;

4 (7) to clarify evidentiary standards and expedite

5 the administrative review process by providing ade6 quate resources to process petitions; and

7 (8) to remove the Federal acknowledgment proc8 ess from the Bureau of Indian Affairs and invest it

9 in an independent Commission on Indian Recogni10 tion.

11 SEC. 3. DEFINITIONS.

12 For purposes of this Act:

13 (1) The term ‘‘aboriginal group’’ means any In14 dian entity whose members inhabited or whose range

15 extended into any part of the area now constituting

16 the United States of America, Canada, or the Unit17 ed States of Mexico prior to the first sustained con18 tact of such members with Euro-Americans.

19 (2) The term ‘‘autonomous’’, in the context of

20 decisionmaking, means having its own tribal council,

21 internal process, or other organizational mechanism

22 which the Indian group has used as its own means

23 of making decisions independent of the control of

24 any other Indian tribe, and in using such term for

25 purposes of this Act, such term must be understood
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1 in the context of the culture and social organization

2 of that Indian group.

3 (3) The term ‘‘Bureau’’ means the Bureau of

4 Indian Affairs of the Department of the Interior.

5 (4) The term ‘‘Commission’’ means the Com6 mission on Indian Recognition established under sec7 tion 4.

8 (5) The term ‘‘community’’ means any people

9 living within such a reasonable proximity as to allow

10 group interaction and maintenance of tribal rela11 tions.

12 (6) The term ‘‘continuous’’ means, with respect

13 to any Indian group, extending from generation to

14 generation throughout the Indian group’s history es15 sentially without interruption.

16 (7) The term ‘‘Department’’ means the Depart17 ment of the Interior.

18 (8) The term ‘‘historical’’ means dating back to

19 the earliest documented contact between—

20 (A) the aboriginal group from which the

21 petitioners descended; and

22 (B) citizens or officials of the United

23 States, colonial or territorial governments, or

24 citizens and officials of foreign governments.
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1 (9) The term ‘‘Indian group’’ means any Indian

2 entity that—

3 (A) is located within any of the States of

4 the United States; and

5 (B) is not recognized by the Secretary to

6 be an Indian tribe.

7 (10) The term ‘‘Indian tribe’’ means any Indian

8 entity that—

9 (A) is located within any of the States of

10 the United States; and

11 (B) is recognized by the Secretary to be an

12 Indian tribe.

13 (11) The term ‘‘Indian’’ means any individual

14 who is a descendant of an aboriginal group.

15 (12) The term ‘‘member of an Indian group’’

16 means an individual who—

17 (A) is recognized by an Indian group as

18 meeting its membership criteria;

19 (B) consents to being listed as a member

20 of that group; and

21 (C) is not a member of any Indian tribe.

22 (13) The term ‘‘member of an Indian tribe’’

23 means an individual who—

24 (A) meets the membership requirements of

25 the Indian tribe, as set forth in its governing
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1 document or recognized collectively by those

2 persons comprising the governing body of the

3 Indian tribe; and

4 (B) has continuously maintained tribal re5 lations with the tribe or is listed on the tribal

6 rolls of that Indian tribe as a member if such

7 rolls are maintained.

8 (14) The term ‘‘petition’’ means a petition sub9 mitted to the Commission under section 5 or trans10 ferred to the Commission under section 5 of this

11 Act.

12 (15) The term ‘‘petitioner’’ means any entity

13 which has submitted, or submits, a petition to the

14 Secretary requesting recognition that the entity is an

15 Indian tribe.

16 (16) The term ‘‘Secretary’’ means the Secretary

17 of the Interior.

18 (17) The term ‘‘treaty’’ means any treaty—

19 (A) negotiated and ratified by the United

20 States with, or on behalf of, any Indian group;

21 (B) made by any sovereign with, or on be22 half of, any Indian group from which the

23 United States acquired territory by purchase,

24 conquest, or cession; or
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1 (C) negotiated by the United States with,

2 or on behalf of, any Indian group in California,

3 whether or not the treaty was subsequently

4 ratified.

5 SEC. 3. DEFINITIONS.

6 For purposes of this Act:

7 (1) The term ‘‘aboriginal group’’ means any In8 dian group or tribe that is presently located in Can9 ada or the United States of Mexico and consists of in10 dividuals who are descendants of the people who in11 habited the area now constituting those two countries

12 prior to their first sustained contact with Euro-Amer13 icans.

14 (2) The term ‘‘acknowledgment’’ or ‘‘acknowl15 edged’’ means a determination by the Commission on

16 Indian Recognition that an Indian group constitutes

17 an Indian tribe with a government-to-government re18 lationship with the United States, and whose mem19 bers are recognized as eligible for the special programs

20 and services provided by the United States to Indians

21 because of their status as Indians.

22 (3) The term ‘‘autonomous’’ means the exercise of

23 political influence or authority independent of the

24 control of any other Indian governing entity. Autono25 mous must be understood in the context of the history,
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1 geography, culture and social organization of the peti2 tioner.

3 (4) The term ‘‘Bureau’’ means the Bureau of In4 dian Affairs.

5 (5) The term ‘‘Commission’’ means the Commis6 sion on Indian Recognition established pursuant to

7 section 4.

8 (6) The term ‘‘community’’ means any group of

9 people, living within a reasonable territorial propin10 quity, which can demonstrate that consistent inter11 actions and significant social relationships exist with12 in its membership and that its members are differen13 tiated from and identified as distinct from

14 nonmembers. ‘‘Community’’ must be understood in

15 the context of the history, culture and social organiza16 tion of the group, taking into account the geography

17 of the region in which they reside.

18 (7) The term ‘‘continuously’’ or ‘‘continuous’’

19 means extending from the first sustained contact with

20 Euro-Americans throughout the group’s history to the

21 present substantially without interruption.

22 (8) The term ‘‘Department’’ means the Depart23 ment of the Interior.

24 (9) The term ‘‘documented petition’’ means the

25 detailed, factual exposition and arguments, including
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1 all documentary evidence, necessary to demonstrate

2 that these arguments specifically address the manda3 tory criteria established in section 5.

4 (10) The term ‘‘historically’’, ‘‘historical’’ or

5 ‘‘history’’ means dating from the first sustained con6 tact with Euro-Americans.

7 (11) The term ‘‘Indian group’’ or ‘‘group’’ means

8 any Indian, Alaska Native, or Native Hawaiian

9 tribe, band, pueblo, village or community within the

10 United States that the Secretary of the Interior does

11 not acknowledge to be an Indian tribe.

12 (12) The term ‘‘Indian tribe’’ or ‘‘tribe’’ means

13 any Indian, Alaska Native, or Native Hawaiian

14 tribe, band, pueblo, village or community within the

15 United States that the Secretary of the Interior pres16 ently acknowledges to be an Indian tribe.

17 (13) The term ‘‘indigenous’’ means native to the

18 United States in that at least part of the petitioner’s

19 traditional territory at the time of first sustained

20 contact with Euro-Americans extended into what is

21 now the United States.

22 (14) The term ‘‘letter of intent’’ means an un23 documented letter or resolution which is dated and

24 signed by the governing body of an Indian group and

25 submitted to the Commission and indicates the
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1 group’s intent to submit a petition for Federal ac2 knowledgment as an Indian tribe.

3 (15) The term ‘‘member of an Indian group’’

4 means an individual who is recognized by an Indian

5 group as meeting its membership criteria and who

6 consents in writing to being listed as a member of

7 that group.

8 (16) The term ‘‘member of an Indian tribe’’

9 means an individual who meets the membership re10 quirements of the tribe as set forth in its governing

11 document or, in the absence of a governing document

12 which sets out these requirements, has been recognized

13 as a member collectively by those persons comprising

14 the tribal governing body; and has consistently main15 tained tribal relations with the tribe or is listed on

16 the tribal membership rolls as a member, if such rolls

17 are kept.

18 (17) The term ‘‘petition’’ means a petition for

19 acknowledgment submitted or transferred to the Com20 mission pursuant to section 5 of this Act.

21 (18) The term ‘‘petitioner’’ means any group

22 which has submitted a letter of intent to the Commis23 sion requesting acknowledgment that it is an Indian

24 tribe.
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1 (19) The term ‘‘political influence or authority’’

2 means a tribal council, leadership, internal process or

3 other mechanism which the group has used as a

4 means of influencing or controlling the behavior of its

5 members in significant respects, or making decisions

6 for the group which substantially affect its members,

7 or representing the group in dealing with non-mem8 bers in matters of consequence to the group. ‘‘Political

9 influence or authority’’ is to be understood in the con10 text of the history, culture and social organization of

11 the group.

12 (20) The term ‘‘previous Federal acknowledg13 ment’’ means any action by the Federal government

14 the character of which is clearly premised on identi15 fication of a tribal political entity and clearly indi16 cates the recognition of a government-to-government

17 relationship between that entity and the Federal gov18 ernment.

19 (21) The term ‘‘restoration’’ means the

20 reextension of acknowledgment to any previously ac21 knowledged tribe which may have had its acknowl22 edged status abrogated or diminished by reason of

23 congressional legislation expressly terminating that

24 status.
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1 (22) The term ‘‘Secretary’’ means the Secretary

2 of the Interior.

3 (23) The term ‘‘sustained contact’’ means the pe4 riod of earliest sustained Euro-American settlement

5 or governmental presence in the local area in which

6 the tribe or tribes from which the petitioner claims

7 descent was located historically.

8 (24) The term ‘‘treaty’’ means any treaty—

9 (A) negotiated and ratified by the United

10 States on or before March 3, 1871, with, or on

11 behalf of, any Indian group or tribe;

12 (B) made by any government with, or on

13 behalf of, any Indian group or tribe, from which

14 government the United States subsequently ac15 quired territory by purchase, conquest, annex16 ation, or cession; or

17 (C) negotiated by the United States with, or

18 on behalf of, any Indian group in California,

19 whether or not the treaty was subsequently rati20 fied.

21 (25) The term ‘‘tribal relations’’ means partici22 pation by an individual in a political and social re23 lationship with an Indian tribe.

24 (26) The term ‘‘tribal roll’’ means a list exclu25 sively of those individuals who have been determined
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1 by the tribe to meet the tribe’s membership require2 ments as set forth in its governing document or, in

3 the absence of a governing document setting forth

4 those requirements, have been recognized as members

5 by the tribe’s governing body. In either case, those in6 dividuals on a tribal roll must have affirmatively

7 demonstrated consent to being listed as members.

8 (27) The term ‘‘United States’’ means the 48

9 contiguous states, Alaska and Hawaii; and does not

10 include territories or possessions.

11 SEC. 4. COMMISSION ON INDIAN RECOGNITION.

12 (a) ESTABLISHMENT.—There is established, as an

13 independent commission, the Commission on Indian Rec14 ognition.

15 (b) MEMBERSHIP.—(1)(A) The Commission shall

16 consist of three members appointed by the President, by

17 and with the advice and consent of the Senate.

18 (B) In making appointments to the Commission, the

19 President shall give careful consideration to—

20 (i) recommendations received from Indian

21 tribes; and

22 (ii) individuals who have a background in In23 dian law or policy, anthropology, genealogy, or his24 tory.; and
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1 (iii) individuals who, at the time of nomination,

2 are employed by the United States Government and

3 would be eligible to participate through the Intergov4 ernmental Personnel Exchange Act.

5 (2) No more than two members of the Commission

6 may be members of the same political party.

7 (3) Each member of the Commission shall be ap8 pointed for a term of four years.

9 (3)(A) Each member of the Commission shall be ap10 pointed for a term of four years, except as provided in sub11 paragraph (B).

12 (B) As designated by the President at the time of ap13 pointment, of the members first appointed—

14 (i) one shall be appointed for a term of two

15 years;

16 (ii) one shall be appointed for a term of three

17 years; and

18 (iii) one shall be appointed for a term of four

19 years.

20 (4) Any vacancy in the Commission shall not affect

21 its powers, but shall be filled in the same manner in which

22 the original appointment was made. Any member ap23 pointed to fill a vacancy occurring before the expiration

24 of the term for which the member’s predecessor was ap25 pointed shall be appointed only for the remainder of that
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1 term. A member may serve after the expiration of that

2 member’s term until a successor has taken office.

3 (5)(A) Each member of the Commission not other4 wise employed by the United States Government shall re5 ceive compensation at a rate equal to the daily equivalent

6 of the annual rate of basic pay prescribed for level V of

7 the Executive Schedule under section 5316 of title 5,

8 United States Code, for each day, including traveltime,

9 such member is engaged in the actual performance of du10 ties authorized by the Commission.

11 (B) Except as provided in subparagraph (C), a mem12 ber of the Commission who is otherwise an officer or em13 ployee of the United States Government shall serve on the

14 Commission without additional compensation, but such

15 service shall be without interruption or loss of civil service

16 status or privilege.

17 (C) All members of the Commission shall be reim18 bursed for travel and per diem in lieu of subsistence ex19 penses during the performance of duties of the Commis20 sion while away from home or their regular place of busi21 ness, in accordance with subchapter I of chapter 57 of

22 title 5, United States Code.

23 (6) At the time appointments are made under para24 graph (1), the President shall designate one of such ap25 pointees as Chairman of the Commission.
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1 (c) MEETINGS AND PROCEDURES.—(1) The Commis2 sion shall hold its first meeting no later than 30 days after

3 the date on which all members of the Commission have

4 been appointed and confirmed by the Senate.

5 (2) Two members of the Commission shall constitute

6 a quorum for the transaction of business.

7 (3) The Commission may adopt such rules (consistent

8 with the provisions of this Act) as may be necessary to

9 establish its procedures and to govern the manner of its

10 operations, organization, and personnel.

11 (4) The principal office of the Commission shall be

12 in the District of Columbia.

13 (d) DUTIES.—The Commission shall carry out the

14 duties assigned to the Commission by this Act, and shall

15 meet the requirements imposed on the Commission by this

16 Act.

17 (e) POWERS AND AUTHORITIES.—(1) Subject to such

18 rules and regulations as may be adopted by the Commis19 sion, the Chairman of the Commission is authorized to—

20 (A) appoint, terminate, and fix the compensa21 tion (without regard to the provisions of title 5,

22 United States Code, governing appointments in the

23 competitive service, and without regard to the provi24 sions of chapter 51 and subchapter III of chapter 53

25 of such title, or of any other provision of law, relat-
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1 ing to the number, classification, and General

2 Schedule rates) of an Executive Director of the

3 Commission and of such other personnel as the

4 Chairman deems advisable to assist in the perform5 ance of the duties of the Commission, at a rate not

6 to exceed a rate equal to the daily equivalent of the

7 annual rate of basic pay prescribed for level V of the

8 Executive Schedule under section 5316 of title 5,

9 United States Code; and

10 (B) procure, as authorized by section 3109(b)

11 of title 5, United States Code, temporary and inter12 mittent services to the same extent as is authorized

13 by law for agencies in the executive branch, but at

14 rates not to exceed the daily equivalent of the annual

15 rate of basic pay prescribed for level V of the Execu16 tive Schedule under section 5316 of such title.

17 (2) The Commission is authorized to—

18 (A) hold such hearings and sit and act at such

19 times;

20 (B) take such testimony;

21 (C) have such printing and binding done;

22 (D) enter into such contracts and other ar23 rangements, subject to the availability of funds;

24 (E) make such expenditures; and

25 (F) take such other actions,
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1 as the Commission may deem advisable. Any member of

2 the Commission may administer oaths or affirmations to

3 witnesses appearing before the Commission.

4 (3)(A) The Commission is authorized to secure di5 rectly from any officer, department, agency, establish6 ment, or instrumentality of the Federal Government such

7 information as the Commission may require for the pur8 pose of this Act, and each such officer, department, agen9 cy, establishment, or instrumentality is authorized and di10 rected to furnish, to the extent permitted by law, such in11 formation, suggestions, estimates, and statistics directly to

12 the Commission, upon request made by the Chairman of

13 the Commission.

14 (B) Upon the request of the Chairman of the Com15 mission, the head of any Federal department, agency, or

16 instrumentality is authorized to make any of the facilities

17 and services of such department, agency, or instrumental18 ity available to the Commission and detail any of the per19 sonnel of such department, agency, or instrumentality to

20 the Commission, on a nonreimbursable basis, to assist the

21 Commission in carrying out its duties under this section.

22 (C) The Commission may use the United States mails

23 in the same manner and under the same conditions as

24 other departments and agencies of the United States.
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1 (f) FEDERAL ADVISORY COMMITTEE ACT.—The pro2 visions of the Federal Advisory Committee Act shall not

3 apply to the Commission.

4 SEC. 5. PETITIONS FOR RECOGNITION.

5 (a) IN GENERAL.—(1) Any Indian group may submit

6 to the Commission a petition requesting that the Commis7 sion recognize that the Indian group is an Indian tribe.

8 (2) The provisions of this Act do not apply to the

9 following groups or entities, which shall not be eligible for

10 recognition under this Act—

11 (A) Indian tribes, organized bands, pueblos,

12 communities, and Alaska Native entities which are

13 recognized by the Secretary as of the date of enact14 ment of this Act as eligible to receive services from

15 the Bureau;

16 (B) splinter groups, political factions, commu17 nities, or groups of any character which separate

18 from the main body of an Indian tribe that, at the

19 time of such separation, is recognized as being an

20 Indian tribe by the Secretary, unless it can be clear21 ly established that the group, faction, or community

22 has functioned throughout history until the date of

23 such petition as an autonomous Indian tribal entity;

24 (C) groups, or successors in interest of groups,

25 that prior to the date of enactment of this Act, have
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1 petitioned for and been denied or refused recognition

2 as an Indian tribe under regulations prescribed by

3 the Secretary; and

4 (D) any Indian group whose relationship with

5 the Federal Government was expressly terminated

6 by an Act of Congress.; and

7 (E) any Indian group that, in any action in a

8 United States court to which the group was a party,

9 has previously attempted to establish its status as an

10 Indian tribe or a successor-in-interest to an Indian

11 tribe that was a party to a treaty with the United

12 States, and—

13 (i) was determined by such court not to be

14 an Indian tribe; or

15 (ii) was determined by such court not to be

16 a successor-in-interest to an Indian tribe that

17 was a party to a treaty with the United States;

18 or

19 (iii) was the subject of findings of fact by

20 such court which, if made by the Commission,

21 would show that the group was incapable of es22 tablishing one or more of the criteria set forth in

23 this section.

24 (3)(A) No later than 30 days after the date on which

25 all of the members of the Commission have been appointed
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1 and confirmed by the Senate, the Secretary shall transfer

2 to the Commission all petitions pending before the Depart3 ment and not then under active consideration that request

4 the Secretary, or the Federal Government, to recognize

5 or acknowledge an Indian group as an Indian tribe. On

6 the date of such transfer, the Secretary and the Depart7 ment shall cease to have any authority to recognize or ac8 knowledge, on behalf of the Federal Government, any In9 dian group as an Indian tribe. Petitions transferred to the

10 Commission under this paragraph shall, for purposes of

11 this Act, be considered as having been submitted to the

12 Commission as of the date of such transfer. Indian tribe,

13 except those groups whose petitions are under active consid14 eration at the time of the transfer.

15 (B) On the date of such transfer, the Secretary and

16 the Department shall cease to have any authority to recog17 nize or acknowledge, on behalf of the Federal government,

18 any Indian group as an Indian tribe, except those groups

19 under active consideration whose petitions have been re20 tained by the Department pursuant to subparagraph (A)

21 of this paragraph.

22 (C) Petitions transferred to the Commission under sub23 paragraph (A) of this paragraph shall, for purposes of this

24 Act, be considered as having been submitted to the Commis-
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1 sion in the same order as they were submitted to the Depart2 ment.

3 (b) PETITION FORM AND CONTENT.—Except as pro4 vided in subsection (c), any petition submitted under sub5 section (a) by an Indian group shall be in a any readable

6 form which clearly indicates that it is a petition requesting

7 the Commission to recognize that the Indian group is an

8 Indian tribe and shall contain each of the following: which

9 contains detailed, specific evidence as to each of the follow10 ing:

11 (1) A statement of facts establishing that the

12 petitioner has been identified from historical times

13 until the present, on a substantially continuous

14 basis, as an Indian entity, except that a petitioner

15 shall not be considered as having failed to satisfy

16 any requirement of this subsection merely because of

17 fluctuations of tribal activity during various years.

18 Evidence which can be offered to demonstrate In19 dian identity of the petitioner on a substantially con20 tinuous basis shall include one or more of the follow21 ing:

22 (1) A statement of facts establishing that the pe23 titioner has been identified as an American Indian

24 entity on a substantially continuous basis since 1871.

25 Evidence that the group’s character as an Indian en-
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1 tity has from time to time been denied shall not be

2 considered to be conclusive evidence that this criterion

3 has not been met. Evidence to be relied upon in deter4 mining a group’s Indian identity may include one or

5 a combination of the following, as well as other evi6 dence of identification by other than the petitioner it7 self or its members:

8 (A) Repeated identification Identification

9 of the petitioner as an Indian entity by Federal

10 authorities.

11 (B) Longstanding relationships Relation12 ships of the petitioner with State governments

13 based on identification of the petitioner as an

14 Indian entity.

15 (C) Repeated dealings Dealings of the peti16 tioner with a county, parish, or other local gov17 ernment in a relationship based on the Indian

18 identity of the petitioner.

19 (D) Repeated identification Identification

20 of the petitioner as an Indian entity by records

21 in private or public archives, courthouses,

22 churches, or schools.

23 (E) Repeated identification Identification

24 of the petitioner as an Indian entity by anthro25 pologists, historians, or other scholars.
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1 (F) Repeated identification Identification

2 of the petitioner as an Indian entity in news3 papers, books, or similar media.

4 (G) Repeated identification of the peti5 tioner as an Indian entity by, and dealings of

6 the petitioner as an Indian entity with, Indian

7 tribes, aboriginal groups or recognized national

8 Indian organizations.

9 (G) Identification of the petitioner as an

10 Indian entity by other Indian tribes or by na11 tional, regional, or state Indian organizations.

12 (H) Identification of the petitioner as an

13 Indian entity by foreign governments or inter14 national organizations.

15 (2) Evidence that—

16 (A) a substantial portion of the member17 ship of the petitioner lives in an Indian commu18 nity which is distinct from other populations in

19 the area; and

20 (B) members of the petitioner are descend21 ants of an Indian group or groups which his22 torically inhabited a specific area.

23 (3) A statement of facts which establishes that

24 the petitioner has maintained tribal political influ25 ence or other authority over its members as an au-
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1 tonomous entity from historical times until the

2 present.

3 (4) A copy of the present governing document

4 of the petitioner describing in the full membership

5 criteria of the petitioner and the procedures through

6 which the petitioner currently governs its affairs and

7 members.

8 (2)(A) A statement of facts establishing that a

9 predominant portion of the membership of the peti10 tioner comprises a community distinct from those

11 surrounding it and has existed as a community from

12 historical times to the present. Evidence to be relied

13 upon in determining that the petitioner meets this

14 criterion may include one or a combination of the fol15 lowing:

16 (i) Significant rates of marriage within the

17 group, or, as may be culturally required, pat18 terned out-marriages with other Indian popu19 lations.

20 (ii) Significant social relationships connect21 ing individual members.

22 (iii) Significant rates of informal social

23 interaction which exist broadly among the mem24 bers of a group.
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1 (iv) A significant degree of shared or coop2 erative labor or other economic activity among

3 the membership.

4 (v) Evidence of strong patterns of discrimi5 nation or other social distinctions by non-mem6 bers.

7 (vi) Shared sacred or secular ritual activity

8 encompassing most of the group.

9 (vii) Cultural patterns shared among a sig10 nificant portion of the group that are different

11 from those of the non-Indian populations with

12 whom it interacts. These patterns must function

13 as more than a symbolic identification of the

14 group as Indian, and may include, but are not

15 limited to, language, kinship or religious organi16 zations, or religious beliefs and practices.

17 (viii) The persistence of a named, collective

18 Indian identity continuously over a period of

19 more than 50 years, notwithstanding changes in

20 name.

21 (ix) A demonstration of historical political

22 influence pursuant to the criterion set forth in

23 paragraph (3).

24 (B) A petitioner shall be considered to have pro25 vided sufficient evidence of community at a given
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1 point in time if evidence is provided demonstrating

2 any one of the following:

3 (i) More than 50 percent of the members re4 side in a particular geographical area exclu5 sively or almost exclusively composed of members

6 of the group, and the balance of the group main7 tains consistent social interaction with some

8 members of the community.

9 (ii) At least 50 percent of the marriages of

10 the group are between members of the group.

11 (iii) At least 50 percent of the group mem12 bers maintain distinct cultural patterns such as,

13 but not limited to, language, kinship or religious

14 organizations, or religious beliefs or practices.

15 (iv) There are distinct community social in16 stitutions encompassing a substantial portion of

17 the members, such as kinship organizations, for18 mal or informal economic cooperation, or reli19 gious organizations.

20 (v) The group has met the criterion in

21 paragraph (3) using evidence described in para22 graph (3)(B).

23 (3)(A) A statement of facts establishing that the

24 petitioner has maintained political influence or au25 thority over its members as an autonomous entity
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1 from historical times until the present. Evidence to be

2 relied upon in determining that the petitioner meets

3 this criterion may include one or a combination of

4 the following:

5 (i) The group is able to mobilize significant

6 numbers of members and significant resources

7 from its members for group purposes.

8 (ii) Most of the membership considers issues

9 acted upon or taken by group leaders or govern10 ing bodies to be of personal importance.

11 (iii) There is a widespread knowledge, com12 munication and involvement in political proc13 esses by most of the group’s members.

14 (iv) The group meets the criterion in para15 graph (2) at more than a minimal level.

16 (v) There are intragroup conflicts which

17 show controversy over valued group goals, prop18 erties, policies, processes or decisions.

19 (B) A petitioner shall be considered to have pro20 vided sufficient evidence to demonstrate the exercise of

21 political influence or authority at a given point in

22 time by demonstrating that group leaders or other

23 mechanisms exist or existed which:

24 (i) allocate group resources such as land,

25 residence rights or the like on a consistent basis;
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1 (ii) settle disputes between members or

2 subgroups such as clans or moieties by mediation

3 or other means on a regular basis;

4 (iii) exert strong influence on the behavior

5 of individual members, such as the establishment

6 or maintenance of norms and the enforcement of

7 sanctions to direct or control behavior; and

8 (iv) organize or influence economic subsist9 ence activities among the members, including

10 shared or cooperative labor.

11 (C) A group that has met the requirements in

12 paragraph (2)(B) at a given point in time shall be

13 considered to have provided sufficient evidence to meet

14 this criterion at that same point in time.

15 (4) A copy of the petitioner’s present governing

16 document including its membership criteria. In the

17 absence of a written document, the petitioner must

18 provide a statement describing in full its membership

19 criteria and current governing procedures.

20 (5) A list of all current members of the peti21 tioner and their current addresses and, including

22 each member’s full name (and maiden name, if any),

23 date and place of birth, and current residential ad24 dress, as well as a copy of each available former list

25 of members based on the petitioner’s own defined
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1 criteria, and a statement describing the methods used

2 in preparing those lists. The membership must con3 sist of individuals who have established descendancy

4 from an Indian group which existed historically or

5 from historical Indian groups which combined and

6 functioned as a single autonomous entity. Evidence

7 of tribal membership required by the Commission in8 cludes (but is not limited to)—

9 (A) descendancy rolls prepared by the Sec10 retary for the petitioner for purposes of distrib11 uting claims money, providing allotments, or

12 other purposes;

13 (B) State, Federal, or other official records

14 or evidence identifying present members of the

15 petitioner, or ancestors of present members of

16 the petitioner, as being an Indian descendant

17 and a member of the petitioner; the petitioner,

18 as being descendants of a historic tribe or his19 toric tribes that combined and functioned as a

20 single autonomous political entity;

21 (C) church, school, and other similar en22 rollment records indicating membership in the

23 petitioner; enrollment records identifying present

24 members or ancestors of present members as

25 being descendants of a historic tribe or historic
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1 tribes that combined and functioned as a single

2 autonomous political entity;

3 (D) affidavits of recognition by tribal el4 ders, leaders, or the tribal governing body as

5 being an Indian descendant of the Indian group

6 and a member of the petitioner; and identifying

7 present members or ancestors of present members

8 as being descendants of a historic tribe or his9 toric tribes that combined and functioned as a

10 single autonomous political entity; and

11 (E) other records or evidence identifying

12 the person as a member of the petitioner.

13 present members or ancestors of present members

14 as being descendants of a historic tribe or his15 toric tribes that combined and functioned as a

16 single autonomous political entity.

17 (c) EXCEPTIONS.—A petition from an Indian group

18 which can demonstrate by a preponderance of the evidence

19 that it was, or is the successor in interest to, a—

20 (1) a party to a treaty or treaties with the Fed21 eral Government; or

22 (1) party to a treaty or treaties;

23 (2) a group acknowledged by any agency of the

24 Federal Government as eligible to participate in the
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1 Indian Reorganization Act of 1934 (25 U.S.C. 461

2 et. seq.), et seq.);

3 (3) group for the benefit of which the United

4 States took into trust land or lands, or which the Fed5 eral government has treated as having collective rights

6 in tribal lands or funds; or

7 (4) group has been denominated a tribe by Act

8 of Congress or Executive Order,

9 shall be required to establish the criteria set forth in sub10 section (b)(1) only from the date of the treaty or acknowl11 edgement of eligibility to the present.

12 shall be required to establish the criteria set forth in this

13 section only from the date of that Federal action to the

14 present.

15 SEC. 6. NOTICE OF RECEIPT OF PETITION.

16 (a) PETITIONER.—Within 30 days after a petition is

17 submitted or transferred to the Commission under section

18 5(a), the Commission shall send an acknowledgement of

19 receipt in writing to the petitioner and shall have pub20 lished in the Federal Register a notice of such receipt, in21 cluding the name, location, and mailing address of the pe22 titioner and such other information that will identify the

23 entity who submitted the petition and the date the petition

24 was received by the Commission. The notice shall also in25 dicate where a copy of the petition may be examined.
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1 (b) OTHERS.—The Commission shall also notify, in

2 writing, the Governor and attorney general of, and each

3 recognized Indian tribe within, any State in which a peti4 tioner resides.

5 (c) PUBLICATION; OPPORTUNITY FOR SUPPORTING

6 OR OPPOSING SUBMISSIONS.—The Commission shall pub7 lish the notice of receipt of the petition in a major news8 paper of general circulation in the town or city nearest

9 the location of the petitioner. The notice shall include, in

10 addition to the information described in subsection (a), no11 tice of opportunity for other parties to submit factual or

12 legal arguments in support of or in opposition to, the peti13 tion. Such submissions shall be provided to the petitioner

14 upon receipt by the Commission. The petitioner shall be

15 provided an opportunity to respond to such submissions

16 prior to a determination on the petition by the Commis17 sion.

18 SEC. 7. PROCESSING THE PETITION.

19 (a) REVIEW.—(1) Upon receipt of a documented peti20 tion, the Commission shall conduct a review to determine

21 whether the petitioner is entitled to be recognized as an

22 Indian tribe.

23 (2) The review conducted under paragraph (1) shall

24 include consideration of the petition, supporting evidence,

25 and the factual statements contained in the petition.
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1 (3) The Commission may also initiate other research

2 for any purpose relative to analyzing the petition and ob3 taining additional information about the petitioner’s sta4 tus and may consider any evidence which may be submit5 ted by other parties.

6 (4) Upon request by the petitioner, the Library of Con7 gress and the National Archives shall each allow access to

8 the petitioner to its resources, records, and documents, for

9 the purpose of conducting research and preparing evidence

10 concerning the status of the petitioner.

11 (b) NOTICE OF DEFICIENCIES.—Prior to actual con12 sideration of the petition and by no later than the date

13 that is 12 months after the date on which the petition

14 is submitted or transferred to the Commission, the Com15 mission shall notify the petitioner of any obvious defi16 ciencies, or significant omissions, that are apparent upon

17 an initial review of the petition and provide the petitioner

18 with an opportunity to withdraw the petition for further

19 work or to submit additional information or a clarification.

20 (c) (b) CONSIDERATION.—(1) Except as otherwise

21 provided in this subsection, petitions shall be considered

22 on a first come, first served basis, determined by the date

23 of the original filing of the petition with the Commission,

24 or the Department if the petition is one transferred to the

25 Commission pursuant to section 5(a). The Commission
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1 shall establish a priority register including those petitions

2 pending before the Department on the date of enactment

3 of this Act.

4 (2) Petitions that are submitted to the Commission

5 by Indian groups that as set forth in subsection 5(c)

6 shall—

7 (A) receive priority consideration over petitions

8 submitted by any other Indian groups, and

9 (B) be considered on an expedited basis.

10 (2) Petitions that are submitted to the Commission by

11 Indian groups that meet one or more of the requirements

12 set forth in section 5(c) shall receive priority consideration

13 over petitions submitted by any other Indian group.

14 (d) NOTICE OF ACTIVE CONSIDERATION.—The Com15 mission shall provide notice of the date on which the peti16 tion comes under active consideration to the petitioner and

17 other parties submitting comments on the petition.

18 (e) WITHDRAWAL AND RESUBMITTAL.—A petitioner

19 may, at its option and upon written request, withdraw its

20 petition prior to publication in the Federal Register by the

21 Commission of proposed findings under section 8(a) and

22 may, if it so desires, resubmit a new petition. A petitioner

23 shall not lose its priority date by withdrawing and resub24 mitting its petitions, but the time periods provided in sec-
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1 tion 8(a) shall begin to run upon active consideration of

2 the resubmitted petition.

3 SEC. 8. PROPOSED FINDINGS AND DETERMINATION.

4 (a) IN GENERAL.—(1) Within one year after notify5 ing the petitioner under section 7(d) that active consider6 ation of the petition has begun, the Commission shall

7 make a proposed finding on the petition and shall publish

8 the proposed finding in the Federal Register.

9 (2) The Commission may delay making proposed

10 findings on a petition under paragraph (1) for 180 days

11 upon a showing of good cause by the petitioner.

12 (3) In addition to the proposed findings, the Commis13 sion shall prepare a report on each petition which summa14 rizes the evidence for the proposed findings. Copies of such

15 report shall be available to the petitioner and to other par16 ties upon request.

17 (4) Upon publication of the proposed findings under

18 paragraph (1), any individual or organization wishing to

19 challenge the proposed findings shall have a response pe20 riod of 120 days to present factual or legal arguments and

21 evidence upon which the proposed findings are based.

22 (b) DETERMINATION OF RECOGNITION.—(1) After

23 consideration of any written arguments and evidence sub24 mitted to rebut the proposed findings made under sub25 section (a)(1), the Commission shall make a determination
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1 of whether the petitioner is recognized by the Federal Gov2 ernment to be an Indian tribe. Except as otherwise pro3 vided by this Act, the determination shall be considered

4 to be a determination on such recognition by the Federal

5 Government, and shall also be treated as a determination

6 on such recognition by the Secretary, for all purposes of

7 law.

8 (2) By no later than the date that is 60 days after

9 the close of the 120 day response period described in sub10 section (a)(4), the Commission shall—

11 (A) make a determination of whether the peti12 tioner is a federally recognized Indian tribe;

13 (B) publish a summary of the determination in

14 the Federal Register; and

15 (C) deliver a copy of the determination and

16 summary to the petitioner.

17 (3) Any determination made under paragraph (1)

18 shall become effective on the date that is 60 days after

19 the date on which the summary of the determination is

20 published under paragraph (2).

21 (c) RECOGNITION CRITERIA.—In making the pro22 posed findings and determination under this section with

23 respect to any petition, the Commission shall recognize the

24 petitioner as an Indian tribe if the petition meets all the

25 requirements of section 5(b). The Commission shall not
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1 make such findings or determination of recognition of the

2 petitioner if such requirements have not been met by the

3 petitioner.

4 (d) NOTIFICATION OF OTHER OPTIONS.—If the

5 Commission determines under subsection (b)(1) that the

6 petitioner should not be recognized by the Federal Govern7 ment to be an Indian tribe, the Commission shall analyze

8 and forward to the petitioner other options, if any, under

9 which application for services and other benefits of the

10 Bureau may be made.

11 (e) SITUATIONS NOT AFFECTED BY DETERMINA12 TION.—A determination by the Commission that an In13 dian group is recognized by the Federal Government as

14 an Indian tribe shall not have the effect of—

15 (1) depriving or diminishing the right of any

16 other Indian tribe to govern its reservation as such

17 reservation existed prior to the recognition of such

18 Indian group;

19 (2) depriving or diminishing any property right

20 held in trust or recognized by the United States for

21 such other Indian tribe prior to the recognition of

22 such Indian group; or

23 (3) depriving or diminishing any previously or

24 independently existing claim by a petitioner to any

25 such property right held in trust by the United
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1 States for such other Indian tribe prior to the rec2 ognition of such Indian group.

3 SEC. 9. APPEALS.

4 (a) IN GENERAL.—By no later than 60 days after

5 the date on which the summary of the determination of

6 the Commission with respect to a petition is published

7 under section 8(b), the petitioner, or any other party, may

8 appeal the determination to the United States District

9 Court for the District of Columbia.

10 (b) ATTORNEY FEES AND COSTS.—The prevailing

11 parties in the appeal described in subsection (a) shall be

12 eligible for an award of reasonable attorney fees and costs

13 under the provisions of section 504 of title 5, United

14 States Code, or section 2412 of title 28 of such Code, as

15 the case may be.

16 SEC. 10. IMPLEMENTATION OF DECISIONS.

17 (a) ELIGIBILITY FOR SERVICES AND BENEFITS.—(1)

18 Subject to paragraph (2), upon recognition by the Com19 mission that the petitioner is an Indian tribe, the Indian

20 tribe shall be eligible for the services and benefits from

21 the Federal Government that are available to other feder22 ally recognized Indian tribes by virtue of their status as

23 Indian tribes with a government-to-government relation24 ship with the United States, as well as having the respon25 sibilities and obligations of such Indian tribes. Such rec-
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1 ognition shall subject the Indian tribes to the same au2 thority of Congress and the United States to which other

3 federally recognized tribes are subject.

4 (2) Recognition of the Indian tribe under this Act

5 does not create an immediate entitlement to existing pro6 grams of the Bureau. Such programs shall become avail7 able upon appropriation of funds by law. Requests for ap8 propriations shall follow a determination under subsection

9 (b) of the needs of the newly recognized Indian tribe.

10 (b) NEEDS DETERMINATION.—Within 6 months

11 after an Indian tribe is recognized under this Act, the ap12 propriate area offices of the Bureau of Indian Affairs and

13 the Indian Health Service shall consult and develop in co14 operation with the Indian tribe, and forward to the respec15 tive Secretary, a determination of the needs of the Indian

16 tribe and a recommended budget required to serve the

17 newly recognized Indian tribe. The recommended budget

18 shall be considered along with other recommendations by

19 the appropriate Secretary in the budget-request process.

20 SEC. 11. LIST OF RECOGNIZED INDIAN TRIBES.

21 By no later than the date that is 90 days after the

22 date of the enactment of this Act, and annually thereafter,

23 the Secretary shall publish in the Federal Register an up24 to-date list of all Indian tribes which are recognized by
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1 the Federal Government and receiving services from the

2 Bureau.

3 SEC. 8. PRELIMINARY HEARING.

4 (a) IN GENERAL.—Within 60 days after the receipt of

5 a petition by the Commission, the Commission shall set a

6 date for a preliminary hearing. At the preliminary hearing,

7 the petitioner and any other concerned party may provide

8 evidence concerning the status of the petitioner.

9 (b) DETERMINATION.—(1) Within 30 days after the

10 conclusion of the preliminary hearing under subsection (a),

11 the Commission shall make a determination either—

12 (A) to extend Federal acknowledgement to the pe13 titioner; or

14 (B) that the petitioner proceed to an adjudica15 tory hearing.

16 (2) The Commission shall publish the determination

17 in the Federal Register.

18 (c) INFORMATION TO BE PROVIDED PREPARATORY TO

19 AN ADJUDICATORY HEARING.—(1) If the Commission deter20 mines under subsection (b) that the petitioner proceed to

21 an adjudicatory hearing, the Commission shall—

22 (A) make available its appropriate evidentiary

23 records to the petitioner to assist the petitioner in

24 preparing for the adjudicatory hearing, and shall also

25 include such guidance as the Commission considers
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1 necessary or appropriate to assist the petitioner in

2 preparing for the hearing; and

3 (B) within 30 days after the conclusion of the

4 preliminary hearing under subsection (a), notify the

5 petitioner in writing, which notice shall include a list

6 of any deficiencies or omissions on which the Com7 mission relied in making its determination.

8 (2) The list of deficiencies and omissions provided

9 under paragraph (1)(B) shall be the subject of the adjudica10 tory hearing. The Commission may not add to this list once

11 it is issued.

12 SEC. 9. ADJUDICATORY HEARING.

13 (a) IN GENERAL.—Within 180 days after the conclu14 sion of the preliminary hearing, the Commission shall af15 ford the petitioner described in section 8(b)(1)(B) an adju16 dicatory hearing. The hearing shall be on the list of defi17 ciencies and omissions provided under section 8(c)(1)(B)

18 and shall be conducted pursuant to section 554 of title 5,

19 United States Code.

20 (b) TESTIMONY FROM STAFF OF COMMISSION.—The

21 Commission may require testimony from its acknowledge22 ment and research staff or other witnesses. Any such testi23 mony shall be subject to cross-examination by the petitioner.

24 (c) EVIDENCE BY PETITIONER.—The petitioner may

25 provide such evidence as the petitioner deems appropriate.
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1 (d) DECISION BY COMMISSION.—Within 60 days after

2 the end of the hearing held under subsection (a), the Com3 mission shall—

4 (1) make a determination as to the extension or

5 denial of Federal acknowledgment to the petitioner;

6 (2) publish its determination under paragraph

7 (1) in the Federal Register; and

8 (3) deliver a copy of the determination to the pe9 titioner, and to every other interested party.

10 SEC. 10. APPEALS.

11 (a) IN GENERAL.—Within 60 days after the date the

12 Commission’s decision is published under section 9(d), the

13 petitioner may appeal the determination to the United

14 States District Court for the District of Columbia.

15 (b) ATTORNEY FEES.—If the petitioner prevails in the

16 appeal described in subsection (a), it shall be eligible for

17 an award of reasonable attorney fees and costs under the

18 provisions of section 504 of title 5, United States Code, or

19 section 2412 of title 28 of such Code, as the case may be.

20 SEC. 11. EFFECT OF DETERMINATIONS.

21 A determination by the Commission that an Indian

22 group is recognized by the Federal Government as an In23 dian tribe shall not have the effect of—

24 (1) depriving or diminishing the right of any

25 other Indian tribe to govern its reservation as such
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1 reservation existed prior to the recognition of such In2 dian group, or as the same may exist thereafter;

3 (2) depriving or diminishing any property right

4 held in trust or recognized by the United States for

5 such other Indian tribe as it existed prior to the rec6 ognition of such Indian group; or

7 (3) depriving or diminishing any previously or

8 independently existing claim by a petitioner to any

9 such property right held in trust by the United States

10 for such other Indian tribe prior to the recognition of

11 such Indian group.

12 SEC. 12. IMPLEMENTATION OF DECISIONS.

13 (a) ELIGIBILITY FOR SERVICES AND BENEFITS.—(1)

14 Subject to paragraph (2), upon recognition by the Commis15 sion that the petitioner is an Indian tribe, the Indian tribe

16 shall be eligible for the services and benefits from the Fed17 eral Government that are available to other federally recog18 nized Indian tribes by virtue of their status as Indian tribes

19 with a government-to-government relationship with the

20 United States, as well as having the responsibilities and

21 obligations of such Indian tribes. Such recognition shall

22 subject the Indian tribes to the same authority of Congress

23 and the United States to which other federally recognized

24 tribes are subject.
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1 (2) Recognition of the Indian tribe under this Act does

2 not create an immediate entitlement to existing programs

3 of the Bureau. Such programs shall become available upon

4 appropriation of funds by law. Requests for appropriations

5 shall follow a determination under subsection (b) of the

6 needs of the newly recognized Indian tribe.

7 (b) NEEDS DETERMINATION.—Within 6 months after

8 an Indian tribe is recognized under this Act, the appro9 priate area offices of the Bureau and the Indian Health

10 Service shall consult and develop in cooperation with the

11 Indian tribe, and forward to the respective Secretary, a de12 termination of the needs of the Indian tribe and a rec13 ommended budget required to serve the newly recognized In14 dian tribe. The recommended budget shall be considered

15 along with recommendations by the appropriate Secretary

16 in the budget-request process.

17 SEC. 13. ANNUAL REPORT CONCERNING COMMISSION’S AC18 TIVITIES.

19 (a) LIST OF RECOGNIZED TRIBES.—Not later than 90

20 days after the date of the enactment of this Act, and annu21 ally on or before every January 30 thereafter, the Commis22 sion shall publish in the Federal Register a list of all Indian

23 tribes which are recognized by the Federal Government and

24 receiving services from the Bureau of Indian Affairs.
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1 (b) ANNUAL REPORT.—Beginning one year after the

2 date of the enactment of this Act, and annually thereafter,

3 the Commission shall submit a report to the Committee on

4 Natural Resources of the House of Representatives and to

5 the Committee on Indian Affairs of the Senate a report on

6 its activities, which shall include at a minimum the follow7 ing:

8 (1) The number of petitions pending at the be9 ginning of the year and the names of the petitioners.

10 (2) The number of petitions received during the

11 year and the names of the petitioners.

12 (3) The number of petitions the Commission ap13 proved for acknowledgment and the names of the ac14 knowledged petitioners.

15 (4) The number of petitions the Commission de16 nied for acknowledgment and the names of the peti17 tioners.

18 (5) The status of all pending petitions and the

19 names of the petitioners.

20 SEC. 12. 14. ACTIONS BY PETITIONERS FOR ENFORCEMENT.

21 Any petitioner may bring an action in the district

22 court of the United States for the district in which the

23 petitioner resides, or the United States District Court for

24 the District of Columbia, to enforce the provisions of this

25 Act, including any time limitations within which actions
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1 are required to be taken, or decisions made, under this

2 Act and the district court shall issue such orders (includ3 ing writs of mandamus) as may be necessary to enforce

4 the provisions of this Act.

5 SEC. 13. 15. REGULATIONS.

6 The Commission is authorized to prescribe such regu7 lations as may be necessary to carry out the provisions

8 and purposes of this Act. All such regulations must be

9 published in accordance with the provisions of title 5,

10 United States Code.

11 SEC. 14. 16. GUIDELINES AND ADVICE.

12 (a) GUIDELINES.—No later than 90 days after the

13 date of enactment of this Act, the Commission shall make

14 available suggested guidelines for the format of petitions,

15 including general suggestions and guidelines on where and

16 how to research required information, but such examples

17 shall not preclude the use of any other format.

18 (b) RESEARCH ADVICE.—The Commission, upon re19 quest, is authorized to provide suggestions and advise to

20 any petitioner for his research into the petitioner’s histori21 cal background and Indian identity. The Commission shall

22 not be responsible for the actual research on behalf of the

23 petitioner.
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1 SEC. 15. 17. ASSISTANCE TO PETITIONERS.

2 (a) GRANTS.—(1) The Secretary of Health and

3 Human Services may award grants to Indian groups seek4 ing Federal recognition to enable the Indian groups to—

5 (A) conduct the research necessary to substan6 tiate petitions under this Act; and

7 (B) prepare documentation necessary for the

8 submission of a petition under this Act.

9 (2) The grants made under this subsection shall be

10 in addition to any other grants the Secretary of Health

11 and Human Services is authorized to provide under any

12 other provision of law.

13 (b) COMPETITIVE AWARD.—Grants provided under

14 subsection (a) shall be awarded competitively based on ob15 jective criteria prescribed in regulations promulgated by

16 the Secretary of Health and Human Services.

17 SEC. 16. 18. AUTHORIZATION OF APPROPRIATIONS.

18 (a) COMMISSION.—There are authorized to be appro19 priated for the Commission for the purpose of carrying

20 out the provisions of this Act (other than section 15 17),

21 $1,500,000 for fiscal year 1995 and $1,500,000 for each

22 of the 12 succeeding fiscal years.

23 (b) SECRETARY OF HHS.—There are authorized to

24 be appropriated for the Administration for Native Ameri25 cans of the Department of Health and Human Services

26 for the purpose of carrying out the provisions of section
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1 15, $500,000 for fiscal year 1995 and $500,000 for each

2 of the 12 succeeding fiscal years. 17, $3,000,000 for each

3 fiscal year.

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