IB 

Union Calendar No. 482

108TH CONGRESS 

2D SESSION H. R. 5134

[Report No. 108–788] 

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 

NOVEMBER 19, 2004

Reported with an amendment, committed to the Committee of the Whole 

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

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 23, 2004] 

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,
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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 later 

5 than 6 months after the date of the enactment of this Act, 

6 the Secretary shall publish a proposed finding with respect 

7 to the petition for Federal recognition of each eligible tribe 

8 consistent with part 83 of title 25, Code of Federal Regula9 tions. 

10 (b) TIME PERIOD FOR FINAL DETERMINATION.—Not 

11 later than one year after the date of the enactment of this 

12 Act, the Secretary shall publish a final determination with 

13 respect to the petition for Federal recognition of each eligi14 ble 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 the 

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

25 tribe notifies the Secretary, in writing, that the poten26 tially eligible tribe elects to opt into the expedited 
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1 procedures under this Act, the potentially eligible 

2 tribe shall be considered an eligible tribe for the pur3 poses of this Act. Potentially eligible tribes shall not 

4 be considered eligible tribes for the purposes of this 

5 Act if notification is not made by the potentially eli6 gible tribe in accordance with this paragraph. 

7 (d) NUMBER OF MEMBERS NOT A FACTOR.—The num8 ber of persons listed on the membership roll contained in 

9 a petition for Federal recognition of an eligible tribe shall 

10 not be taken into account in considering the petition, except 

11 that the Secretary may review the eligibility of individual 

12 members or groups listed in a petition in accordance with 

13 the provisions of part 83 of title 25, Code of Federal Regula14 tions. 

15 (e) EFFECT OF FAILURE TO COMPLY.—If the Secretary 

16 fails to publish a proposed finding required by subsection 

17 (a) or a final determination required by subsection (b) by 

18 the end of the time period required for the proposed finding 

19 or final determination by such subsections, the relevant eli20 gible tribe may seek in the appropriate United States dis21 trict court a determination by the court of whether the eligi22 ble tribe should be recognized as an Indian tribe in accord23 ance with the criteria specified in section 83.7 of title 25, 

24 Code of Federal Regulations. In any such action, the court 
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1 shall treat such failure by the Secretary as final agency ac2 tion. 

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 administra10 tive remedies. 

11 (g) CONSIDERATION OF OTHER PETITIONS.—Until the 

12 Secretary has published a proposed finding with respect to 

13 the petition of each eligible tribe as required under sub14 section (a), no other petition for recognition as an Indian 

15 tribe may be processed except those listed as having a status 

16 of ‘‘Active’’ or ‘‘In Post-Final Decision Appeal Process’’ by 

17 the Department of the Interior on July 1, 2004. 

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

19 shall be construed to change the criteria established by the 

20 Department of the Interior to determine whether or not a 

21 petitioner meets the requirements to be a federally recog22 nized tribe. 

23 (i) DEFINITIONS.—For the purposes of this Act, the fol24 lowing definitions apply: 
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1 (1) ELIGIBLE TRIBE.—The term ‘‘eligible tribe’’ 

2 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 of 

10 the enactment of this Act, notifies the Secretary, 

11 in writing, that it opts to have its petition for 

12 recognition as an Indian tribe considered under 

13 the expedited procedure for proposed findings 

14 and final determinations under this Act. 

15 (2) POTENTIALLY ELIGIBLE TRIBE.—The term 

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

17 (A) has made an initial application for rec18 ognition as an Indian tribe to the Department 

19 of the Interior before October 17, 1988; 

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

21 Waiting for Active Consideration’’ by the De22 partment of the Interior on July 1, 2004; and 

23 (C) has not notified the Secretary, in writ24 ing, whether or not it opts to have its petition 

25 for recognition as an Indian tribe considered 
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1 under the expedited procedure for proposed find2 ings and final determinations under this Act. 

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

4 the Secretary of the Interior, or a designee of the Sec5 retary. 

Union Calendar No. 482

108TH CONGRESS 

2D SESSION H. R. 5134

[Report No. 108–788] 

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. 

NOVEMBER 19, 2004

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed