I 

109TH CONGRESS 

1ST SESSION H. R. 512

To require the prompt review by the Secretary of the Interior of the longstanding petitions for Federal recognition of certain Indian tribes, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2005

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

on Resources 

A BILL

To require the prompt review by the Secretary of the Interior 

of the longstanding petitions for Federal recognition of 

certain Indian tribes, and for other purposes.

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

3 SECTION 1. PROMPT CONSIDERATION OF CERTAIN PETI4 TIONS REQUESTING FEDERAL RECOGNITION 

5 AS AN INDIAN TRIBE. 

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

7 later than 6 months after the date of the enactment of 

8 this Act, the Secretary shall publish a proposed finding 

9 with respect to the petition for Federal recognition of each 
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1 eligible tribe consistent with part 83 of title 25, Code of 

2 Federal Regulations. 

3 (b) TIME PERIOD FOR FINAL DETERMINATION.—

4 Not later than one year after the date of the enactment 

5 of this Act, the Secretary shall publish a final determina6 tion with respect to the petition for Federal recognition 

7 of each eligible tribe. 

8 (c) NOTIFICATION; OPT IN.—

9 (1) NOTIFICATION OF TRIBES.—Not later than 

10 45 days after the date of the enactment of this Act, 

11 the Secretary shall notify, in writing, all potentially 

12 eligible tribes that they may opt into the expedited 

13 procedure for proposed findings and final determina14 tions under this Act and of the provisions of para15 graph (2). 

16 (2) OPT IN.—If, not later than 90 days after 

17 the date of the enactment of this Act, a potentially 

18 eligible tribe notifies the Secretary, in writing, that 

19 the potentially eligible tribe elects to opt into the ex20 pedited procedures under this Act, the potentially el21 igible tribe shall be considered an eligible tribe for 

22 the purposes of this Act. Potentially eligible tribes 

23 shall not be considered eligible tribes for the pur24 poses of this Act if notification is not made by the 
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1 potentially eligible tribe in accordance with this 

2 paragraph. 

3 (d) NUMBER OF MEMBERS NOT A FACTOR.—The 

4 number of persons listed on the membership roll contained 

5 in a petition for Federal recognition of an eligible tribe 

6 shall not be taken into account in considering the petition, 

7 except that the Secretary may review the eligibility of indi8 vidual members or groups listed in a petition in accord9 ance with the provisions of part 83 of title 25, Code of 

10 Federal Regulations. 

11 (e) EFFECT OF FAILURE TO COMPLY.—If the Sec12 retary fails to publish a proposed finding required by sub13 section (a) or a final determination required by subsection 

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

15 finding or final determination by such subsections, the rel16 evant eligible tribe may seek in the appropriate United 

17 States district court a determination by the court of 

18 whether the eligible tribe should be recognized as an In19 dian tribe in accordance with the criteria specified in sec20 tion 83.7 of title 25, Code of Federal Regulations. In any 

21 such action, the court shall treat such failure by the Sec22 retary as final agency action. 

23 (f) REVIEW OF ADVERSE DECISION.—If the final de24 termination required by subsection (b) refuses to recognize 

25 the eligible tribe as an Indian tribe, the eligible tribe may 
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1 seek, during the one-year period beginning on the date on 

2 which the final determination is published, a review of the 

3 determination in the appropriate United States district 

4 court, notwithstanding the availability of other adminis5 trative remedies. 

6 (g) CONSIDERATION OF OTHER PETITIONS.—Until 

7 the Secretary has published a proposed finding with re8 spect to the petition of each eligible tribe as required 

9 under subsection (a), no other petition for recognition as 

10 an Indian tribe may be processed except those listed as 

11 having a status of ‘‘Active’’ or ‘‘In Post-Final Decision 

12 Appeal Process’’ by the Department of the Interior on 

13 July 1, 2004. 

14 (h) NO CHANGE IN CRITERIA.—Nothing in this Act 

15 shall be construed to change the criteria established by 

16 the Department of the Interior to determine whether or 

17 not a petitioner meets the requirements to be a federally 

18 recognized tribe. 

19 (i) DEFINITIONS.—For the purposes of this Act, the 

20 following definitions apply: 

21 (1) ELIGIBLE TRIBE.—The term ‘‘eligible 

22 tribe’’ means a tribe that—

23 (A) has made an initial application for rec24 ognition as an Indian tribe to the Department 

25 of the Interior before October 17, 1988; 
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1 (B) is listed as having a status of ‘‘Ready, 

2 Waiting for Active Consideration’’ by the De3 partment of the Interior on July 1, 2004; and 

4 (C) not later than 90 days after the date 

5 of the enactment of this Act, notifies the Sec6 retary, in writing, that it opts to have its peti7 tion for recognition as an Indian tribe consid8 ered under the expedited procedure for pro9 posed findings and final determinations under 

10 this Act. 

11 (2) POTENTIALLY ELIGIBLE TRIBE.—The term 

12 ‘‘potentially eligible tribe’’ means a tribe that—

13 (A) has made an initial application for rec14 ognition as an Indian tribe to the Department 

15 of the Interior before October 17, 1988; 

16 (B) is listed as having a status of ‘‘Ready, 

17 Waiting for Active Consideration’’ by the De18 partment of the Interior on July 1, 2004; and 

19 (C) has not notified the Secretary, in writ20 ing, whether or not it opts to have its petition 

21 for recognition as an Indian tribe considered 

22 under the expedited procedure for proposed 

23 findings and final determinations under this 

24 Act. 
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

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

3 Secretary.

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