I 

108TH CONGRESS 

2D SESSION H. R. 5134

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 

SEPTEMBER 23, 2004

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 long-standing 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 of the Interior, or a designee of 

9 the Secretary, shall publish a proposed finding with re-
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1 spect to the petition for Federal recognition of each eligi2 ble tribe consistent with part 83 of title 25, Code of Fed3 eral Regulations. 

4 (b) TIME PERIOD FOR FINAL DETERMINATION.—

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

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

7 of the Secretary, shall publish a final determination with 

8 respect to the petition for Federal recognition of each eli9 gible tribe. 

10 (c) NOTIFICATION; OPT OUT.—Not later than 30 

11 days after the date of the enactment of this Act, the Sec12 retary of the Interior, or a designee of the Secretary, shall 

13 notify, in writing, all eligible tribes of their inclusion in 

14 the expedited procedure for proposed findings and final 

15 determinations under this Act. If, not later than 60 days 

16 after the date of the enactment of this Act, a petitioner 

17 notifies the Secretary of the Interior, or a designee of the 

18 Secretary, in writing, that the tribe elects to opt out of 

19 the expedited procedure, the tribe shall not be considered 

20 an eligible tribe for the purposes of this Act. 

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

22 number of persons listed on the membership roll contained 

23 in a petition for Federal recognition of an eligible tribe 

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

25 except that the Secretary of the Interior, or a designee 
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1 of the Secretary, may review the eligibility of individual 

2 members or groups listed in a petition in accordance with 

3 the provisions of part 83 of title 25, Code of Federal Reg4 ulations. 

5 (e) EFFECT OF FAILURE TO COMPLY.—If the Sec6 retary of the Interior, or a designee of the Secretary, fails 

7 to publish a proposed finding required by subsection (a) 

8 or a final determination required by subsection (b) by the 

9 end of the time period required for the proposed finding 

10 or final determination by such subsections, the relevant 

11 eligible tribe may—

12 (1) treat such failure as final agency action re13 fusing to recognize the tribe as an Indian tribe; and 

14 (2) seek in United States district court a deter15 mination of whether the petitioner should be recog16 nized as an Indian tribe in accordance with the cri17 teria specified in section 83.7 of title 25, Code of 

18 Federal Regulations. 

19 (f) REVIEW OF ADVERSE DECISION.—If the final de20 termination required by subsection (b) refuses to recognize 

21 the tribe as an Indian tribe, the tribe may seek, during 

22 the one-year period beginning on the date on which the 

23 final determination is published, a review of the deter24 mination in a United States district court notwithstanding 

25 the availability of other administrative remedies. 
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1 (g) CONSIDERATION OF OTHER PETITIONS.—Until 

2 the Secretary of the Interior, or a designee of the Sec3 retary, has published a proposed finding with respect to 

4 the petition of each eligible tribe as required under sub5 section (a), no other petition for recognition as an Indian 

6 tribe may be processed except those listed as having a sta7 tus of ‘‘Active’’ or ‘‘In Post-Final Decision Appeal Proc8 ess’’ by the Department of the Interior on July 1, 2004. 

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

10 shall be construed to change the criteria established by 

11 the Department of the Interior to determine whether or 

12 not a petitioner meets the requirements to be a federally 

13 recognized tribe. 

14 (i) ELIGIBLE TRIBE.—For the purposes of this sec15 tion, the term ‘‘eligible tribe’’ means a tribe that—

16 (1) has made an initial application for recogni17 tion as an Indian tribe to the Department of the In18 terior before October 17, 1988; and 

19 (2) is listed as having a status of ‘‘Ready, Wait20 ing for Active Consideration’’ by the Department of 

21 the Interior on July 1, 2004.

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