IB 

Union Calendar No. 419 

109TH CONGRESS 

2D SESSION H. R. 512 

[Report No. 109–694] 

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 

SEPTEMBER 28, 2006 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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, 


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1 SECTION 1. PROMPT CONSIDERATION OF CERTAIN PETI2 TIONS REQUESTING FEDERAL RECOGNITION 

3 AS AN INDIAN TRIBE. 

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

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

6 this Act, the Secretary shall publish a proposed finding 

7 with respect to the petition for Federal recognition of each 

8 eligible tribe consistent with part 83 of title 25, Code of 

9 Federal Regulations. 

10 (b) TIME PERIOD FOR FINAL DETERMINATION.— 

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

12 of this Act, the Secretary shall publish a final determina13 tion with respect to the petition for Federal recognition 

14 of each eligible tribe. 

15 (c) NOTIFICATION; OPT IN.— 

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

17 45 days after the date of the enactment of this Act, 

18 the Secretary shall notify, in writing, all potentially 

19 eligible tribes that they may opt into the expedited 

20 procedure for proposed findings and final determina21 tions under this Act and of the provisions of para22 graph (2). 

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

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

25 eligible tribe notifies the Secretary, in writing, that 

26 the potentially eligible tribe elects to opt into the exVerDate Aug 31 2005 22:37 Sep 28, 2006 Jkt 049196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H512.RH H512

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1 pedited procedures under this Act, the potentially el2 igible tribe shall be considered an eligible tribe for 

3 the purposes of this Act. Potentially eligible tribes 

4 shall not be considered eligible tribes for the pur5 poses of this Act if notification is not made by the 

6 potentially eligible tribe in accordance with this 

7 paragraph. 

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

9 number of persons listed on the membership roll contained 

10 in a petition for Federal recognition of an eligible tribe 

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

12 except that the Secretary may review the eligibility of indi13 vidual members or groups listed in a petition in accord14 ance with the provisions of part 83 of title 25, Code of 

15 Federal Regulations. 

16 (e) EFFECT OF FAILURE TO COMPLY.—If the Sec17 retary fails to publish a proposed finding required by sub18 section (a) or a final determination required by subsection 

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

20 finding or final determination by such subsections, the rel21 evant eligible tribe may seek in the appropriate United 

22 States district court a determination by the court of 

23 whether the eligible tribe should be recognized as an In24 dian tribe in accordance with the criteria specified in sec25 tion 83.7 of title 25, Code of Federal Regulations. In any 


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1 such action, the court shall treat such failure by the Sec2 retary as final agency action. 

3 (f) REVIEW OF ADVERSE DECISION.—If the final de4 termination required by subsection (b) refuses to recognize 

5 the eligible tribe as an Indian tribe, the eligible tribe may 

6 seek, during the one-year period beginning on the date on 

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

8 determination in the appropriate United States district 

9 court, notwithstanding the availability of other adminis10 trative remedies. 

11 (g) CONSIDERATION OF OTHER PETITIONS.—Until 

12 the Secretary has published a proposed finding with re13 spect to the petition of each eligible tribe as required 

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

15 an Indian tribe may be processed except those listed as 

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

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

18 July 1, 2004. 

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

20 shall be construed to change the criteria established by 

21 the Department of the Interior to determine whether or 

22 not a petitioner meets the requirements to be a federally 

23 recognized tribe. 

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

25 following definitions apply: 


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

2 tribe’’ means a tribe that— 

3 (A) has made an initial application for rec4 ognition as an Indian tribe to the Department 

5 of the Interior before October 17, 1988; 

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

7 Waiting for Active Consideration’’ by the De8 partment of the Interior on July 1, 2004; and 

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

10 of the enactment of this Act, notifies the Sec11 retary, in writing, that it opts to have its peti12 tion for recognition as an Indian tribe consid13 ered under the expedited procedure for pro14 posed findings and final determinations under 

15 this Act. 

16 (2) POTENTIALLY ELIGIBLE TRIBE.—The term 

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

18 (A) has made an initial application for rec19 ognition as an Indian tribe to the Department 

20 of the Interior before October 17, 1988; 

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

22 Waiting for Active Consideration’’ by the De23 partment of the Interior on July 1, 2004; and 

24 (C) has not notified the Secretary, in writ25 ing, whether or not it opts to have its petition 


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1 for recognition as an Indian tribe considered 

2 under the expedited procedure for proposed 

3 findings and final determinations under this 

4 Act. 

5 (3) SECRETARY.—The term ‘‘Secretary’’ means 

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

7 Secretary. 


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Union Calendar No. 419 

109TH CONGRESS 

2D SESSION H. R. 512 

[Report No. 109

–694] 

A BILL 

To require the prompt review by the Secretary of 

for other purposes. Federal recognition of certain Indian tribes, and the Interior of the longstanding petitions for 

SEPTEMBER 28, 2006 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


rwilkins on PROD1PC63 with BILLS