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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4462 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4462

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

_______________________________________________________________________

                                 A BILL

 
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 the protection, services, 
        and benefits available from the Federal Government pursuant to 
        the Federal trust responsibility;
            (3) to provide clear and consistent standards of 
        administrative review of recognition petitions for Indian 
        groups; and
            (4) to expedite the administrative review process by 
        providing definitive timelines for review and adequate 
        resources to process recognition petitions.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``aboriginal group'' means any Indian entity 
        whose members inhabited or whose range extended into any part 
        of the area now constituting the United States of America, 
        Canada, or the United States of Mexico prior to the first 
        sustained contact of such members with Euro-Americans.
            (2) The term ``autonomous'', in the context of 
        decisionmaking, means having its own tribal council, internal 
        process, or other organizational mechanism which the Indian 
        group has used as its own means of making decisions independent 
        of the control of any other Indian tribe, and in using such 
        term for purposes of this Act, such term must be understood in 
        the context of the culture and social organization of that 
        Indian group.
            (3) The term ``Bureau'' means the Bureau of Indian Affairs 
        of the Department of the Interior.
            (4) The term ``Commission'' means the Commission on Indian 
        Recognition established under section 4.
            (5) The term ``community'' means any people living within 
        such a reasonable proximity as to allow group interaction and 
        maintenance of tribal relations.
            (6) The term ``continuous'' means, with respect to any 
        Indian group, extending from generation to generation 
        throughout the Indian group's history essentially without 
        interruption.
            (7) The term ``Department'' means the Department of the 
        Interior.
            (8) The term ``historical'' means dating back to the 
        earliest documented contact between--
                    (A) the aboriginal group from which the petitioners 
                descended; and
                    (B) citizens or officials of the United States, 
                colonial or territorial governments, or citizens and 
                officials of foreign governments.
            (9) The term ``Indian group'' means any Indian entity 
        that--
                    (A) is located within any of the States of the 
                United States; and
                    (B) is not recognized by the Secretary to be an 
                Indian tribe.
            (10) The term ``Indian tribe'' means any Indian entity 
        that--
                    (A) is located within any of the States of the 
                United States; and
                    (B) is recognized by the Secretary to be an Indian 
                tribe.
            (11) The term ``Indian'' means any individual who is a 
        descendant of an aboriginal group.
            (12) The term ``member of an Indian group'' means an 
        individual who--
                    (A) is recognized by an Indian group as meeting its 
                membership criteria;
                    (B) consents to being listed as a member of that 
                group; and
                    (C) is not a member of any Indian tribe.
            (13) The term ``member of an Indian tribe'' means an 
        individual who--
                    (A) meets the membership requirements of the Indian 
                tribe, as set forth in its governing document or 
                recognized collectively by those persons comprising the 
                governing body of the Indian tribe; and
                    (B) has continuously maintained tribal relations 
                with the tribe or is listed on the tribal rolls of that 
                Indian tribe as a member if such rolls are maintained.
            (14) The term ``petition'' means a petition submitted to 
        the Commission under section 5 or transferred to the Commission 
        under section 5 of this Act.
            (15) The term ``petitioner'' means any entity which has 
        submitted, or submits, a petition to the Secretary requesting 
        recognition that the entity is an Indian tribe.
            (16) The term ``Secretary'' means the Secretary of the 
        Interior.
            (17) The term ``treaty'' means any treaty--
                    (A) negotiated and ratified by the United States 
                with, or on behalf of, any Indian group;
                    (B) made by any sovereign with, or on behalf of, 
                any Indian group from which the United States acquired 
                territory by purchase, conquest, 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.

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; and
            (ii) individuals who have a background in Indian law or 
        policy, anthropology, genealogy, or history.
    (2) No more than two members of the Commission may be members of 
the same political party.
    (3) Each member of the Commission 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; and
            (D) any Indian group whose relationship with the Federal 
        Government was expressly terminated by an Act of Congress.
    (3) 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 that request the Secretary, or the 
Federal Government, to recognize or acknowledge an Indian group as an 
Indian tribe. 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. Petitions transferred to the Commission under this 
paragraph shall, for purposes of this Act, be considered as having been 
submitted to the Commission as of the date of such transfer.
    (b) Petition Form and Content.--Except as provided in subsection 
(c), any petition submitted under subsection (a) by an Indian group 
shall be in a form which clearly indicates that it is a petition 
requesting the Commission to recognize that the Indian group is an 
Indian tribe and shall contain each of the following:
            (1) A statement of facts establishing that the petitioner 
        has been identified from historical times until the present, on 
        a substantially continuous basis, as an Indian entity, except 
        that a petitioner shall not be considered as having failed to 
        satisfy any requirement of this subsection merely because of 
        fluctuations of tribal activity during various years. Evidence 
        which can be offered to demonstrate Indian identity of the 
        petitioner on a substantially continuous basis shall include 
        one or more of the following:
                    (A) Repeated identification of the petitioner as an 
                Indian entity by Federal authorities.
                    (B) Longstanding relationships of the petitioner 
                with State governments based on identification of the 
                petitioner as an Indian entity.
                    (C) Repeated dealings of the petitioner with a 
                county, parish, or other local government in a 
                relationship based on the Indian identity of the 
                petitioner.
                    (D) Repeated identification of the petitioner as an 
                Indian entity by records in private or public archives 
                courthouses, churches, or schools.
                    (E) Repeated identification of the petitioner as an 
                Indian entity by anthropologists, historians, or other 
                scholars.
                    (F) Repeated identification of the petitioner as an 
                Indian entity in newspapers, books, or similar media.
                    (G) Repeated identification of the petitioner as an 
                Indian entity by, and dealings of the petitioner as an 
                Indian entity with, Indian tribes, aboriginal groups or 
                recognized national Indian organizations.
            (2) Evidence that--
                    (A) a substantial portion of the membership of the 
                petitioner lives in an Indian community which is 
                distinct from other populations in the area; and
                    (B) members of the petitioner are descendants of an 
                Indian group or groups which historically inhabited a 
                specific area.
            (3) A statement of facts which establishes that the 
        petitioner has maintained tribal political influence or other 
        authority over its members as an autonomous entity from 
        historical times until the present.
            (4) A copy of the present governing document of the 
        petitioner describing in the full membership criteria of the 
        petitioner and the procedures through which the petitioner 
        currently governs its affairs and members.
            (5) A list of all current members of the petitioner and 
        their current addresses and a copy of each available former 
        list of members based on the petitioner's own defined criteria. 
        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 an Indian descendant and a member of the 
                petitioner;
                    (C) church, school, and other similar enrollment 
                records indicating membership in the petitioner;
                    (D) affidavits of recognition by tribal elders, 
                leaders, or the tribal governing body as being an 
                Indian descendant of the Indian group and a member of 
                the petitioner; and
                    (E) other records or evidence identifying the 
                person as a member of the petitioner.
    (c) 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--
            (1) a party to a treaty or treaties with the Federal 
        Government; or
            (2) a 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.),
shall be required to establish the criteria set forth in subsection 
(b)(1) only from the date of the treaty or acknowledgement of 
eligibility 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 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.
    (b) Notice of Deficiencies.--Prior to actual consideration of the 
petition and by no later than the date that is 12 months after the date 
on which the petition is submitted or transferred to the Commission, 
the Commission shall notify the petitioner of any obvious deficiencies, 
or significant omissions, that are apparent upon an initial review of 
the petition and provide the petitioner with an opportunity to withdraw 
the petition for further work or to submit additional information or a 
clarification.
    (c) 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 as set forth in subsection 5(c) shall--
            (A) receive priority consideration over petitions submitted 
        by any other Indian groups, and
            (B) be considered on an expedited basis.
    (d) Notice of Active Consideration.--The Commission shall provide 
notice of the date on which the petition comes under active 
consideration to the petitioner and other parties submitting comments 
on the petition.
    (e) Withdrawal and Resubmittal.--A petitioner may, at its option 
and upon written request, withdraw its petition prior to publication in 
the Federal Register by the Commission of proposed findings under 
section 8(a) and may, if it so desires, resubmit a new petition. A 
petitioner shall not lose its priority date by withdrawing and 
resubmitting its petitions, but the time periods provided in section 
8(a) shall begin to run upon active consideration of the resubmitted 
petition.

SEC. 8. PROPOSED FINDINGS AND DETERMINATION.

    (a) In General.--(1) Within one year after notifying the petitioner 
under section 7(d) that active consideration of the petition has begun, 
the Commission shall make a proposed finding on the petition and shall 
publish the proposed finding in the Federal Register.
    (2) The Commission may delay making proposed findings on a petition 
under paragraph (1) for 180 days upon a showing of good cause by the 
petitioner.
    (3) In addition to the proposed findings, the Commission shall 
prepare a report on each petition which summarizes the evidence for the 
proposed findings. Copies of such report shall be available to the 
petitioner and to other parties upon request.
    (4) Upon publication of the proposed findings under paragraph (1), 
any individual or organization wishing to challenge the proposed 
findings shall have a response period of 120 days to present factual or 
legal arguments and evidence upon which the proposed findings are 
based.
    (b) Determination of Recognition.--(1) After consideration of any 
written arguments and evidence submitted to rebut the proposed findings 
made under subsection (a)(1), the Commission shall make a determination 
of whether the petitioner is recognized by the Federal Government to be 
an Indian tribe. Except as otherwise provided by this Act, the 
determination shall be considered to be a determination on such 
recognition by the Federal Government, and shall also be treated as a 
determination on such recognition by the Secretary, for all purposes of 
law.
    (2) By no later than the date that is 60 days after the close of 
the 120 day response period described in subsection (a)(4), the 
Commission shall--
            (A) make a determination of whether the petitioner is a 
        federally recognized Indian tribe;
            (B) publish a summary of the determination in the Federal 
        Register; and
            (C) deliver a copy of the determination and summary to the 
        petitioner.
    (3) Any determination made under paragraph (1) shall become 
effective on the date that is 60 days after the date on which the 
summary of the determination is published under paragraph (2).
    (c) Recognition Criteria.--In making the proposed findings and 
determination under this section with respect to any petition, the 
Commission shall recognize the petitioner as an Indian tribe if the 
petition meets all the requirements of section 5(b). The Commission 
shall not make such findings or determination of recognition of the 
petitioner if such requirements have not been met by the petitioner.
    (d) Notification of Other Options.--If the Commission determines 
under subsection (b)(1) that the petitioner should not be recognized by 
the Federal Government to be an Indian tribe, the Commission shall 
analyze and forward to the petitioner other options, if any, under 
which application for services and other benefits of the Bureau may be 
made.
    (e) Situations not Affected by Determination.--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;
            (2) depriving or diminishing any property right held in 
        trust or recognized by the United States for such other Indian 
        tribe 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. 9. APPEALS.

    (a) In General.--By no later than 60 days after the date on which 
the summary of the determination of the Commission with respect to a 
petition is published under section 8(b), the petitioner, or any other 
party, may appeal the determination to the United States District Court 
for the District of Columbia.
    (b) Attorney Fees and Costs.--The prevailing parties in the appeal 
described in subsection (a) 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. 10. 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 
of Indian Affairs 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 other 
recommendations by the appropriate Secretary in the budget-request 
process.

SEC. 11. LIST OF RECOGNIZED INDIAN TRIBES.

    By no later than the date that is 90 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
publish in the Federal Register an up-to-date list of all Indian tribes 
which are recognized by the Federal Government and receiving services 
from the Bureau.

SEC. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 15), $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 15, $500,000 for fiscal year 1995 and $500,000 for each of the 
12 succeeding fiscal years.

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