(B) COPY TO PETITIONER.—A copy of any 
submission made under subparagraph (A) shall 
be provided to the petitioner within 90 days 
upon receipt by the Commission. 
(C) RESPONSE.—The petitioner shall be 
provided an opportunity to respond within 90 
days to any submission made under subpara-
graph (A) before a determination on the docu-
mented petition by the Commission. 
SEC. 7. PROCESSING THE DOCUMENTED PETITION. 
(a) REVIEW.— 
(1) IN
GENERAL.—Upon receipt of a docu-
mented petition submitted or transferred under sec-
tion 5(a) or submitted under section 6(a)(2)(B), the 
Commission shall conduct a review to determine 
whether the petitioner is entitled to be recognized as 
an Indian tribe. 
(2) CONTENT
OF
REVIEW.—The review con-
ducted under paragraph (1) shall include consider-
ation of the documented petition, supporting evi-
dence, and the factual statements contained in the 
documented petition. 
(3) OTHER RESEARCH.—In conducting a review 
under this subsection, the Commission may— 
VerDate Aug 31 2005 
00:01 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H2837.IH
H2837
bajohnson on PROD1PC77 with BILLS
(A) initiate other research for any purpose 
relative to analyzing the documented petition 
and obtaining additional information about the 
status of the petitioner; and 
(B) consider such evidence as may be sub-
mitted by interested parties. 
(4) ACCESS TO LIBRARY OF CONGRESS AND NA-
TIONAL ARCHIVES.—Upon request by the petitioner, 
the appropriate officials of the Library of Congress 
and the National Archives shall allow access by the 
petitioner to the resources, records, and documents 
of those entities, for the purpose of conducting re-
search and preparing evidence concerning the status 
of the petitioner. 
(b) CONSIDERATION.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, documented petitions sub-
mitted or transferred to the Commission shall be 
considered on a first come, first served basis, deter-
mined by the date of the original filing of each such 
documented petition with the Commission (or the 
Department if the documented petition is trans-
ferred to the Commission pursuant to section 
5(a)(4) or is an amended petition submitted pursu-
ant to section 6(a)(2)(B)). The Commission shall es-
VerDate Aug 31 2005 
00:01 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H2837.IH
H2837
bajohnson on PROD1PC77 with BILLS
tablish a priority register that includes documented 
petitions that are pending before the Department as 
of the date of the first meeting of the Commission. 
(2) PRIORITY
CONSIDERATION.—Each docu-
mented petition (that is submitted or transferred to 
the Commission pursuant to section 5(a) or that is 
submitted to the Commission pursuant to section 
6(a)(2)(B)) of an Indian group that meets 1 or more 
of the requirements set forth in section 5(c) shall re-
ceive priority consideration over a documented peti-
tion submitted by any other Indian group. 
SEC. 8. PRELIMINARY HEARING. 
(a) IN GENERAL.—Not later than 60 days after the 
receipt of a documented petition by the Commission sub-
mitted or transferred under section 5(a) or submitted to 
the Commission pursuant to section 6(a)(2)(B), the Com-
mission shall set a date for a preliminary hearing, which 
shall in no instance be held later than 180 days after re-
ceipt of the documented petition. At the preliminary hear-
ing, the petitioner and any other interested party may pro-
vide evidence concerning the status of the petitioner. 
(b) DETERMINATION.— 
(1) IN GENERAL.—Not later than 30 days after 
the conclusion of a preliminary hearing under sub-
VerDate Aug 31 2005 
00:01 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H2837.IH
H2837
bajohnson on PROD1PC77 with BILLS
section (a), the Commission shall make a determina-
tion— 
(A) to extend Federal acknowledgment of 
the petitioner as an Indian tribe to the peti-
tioner; or 
(B) that the petitioner should proceed to 
an adjudicatory hearing. 
(2) NOTICE
OF
DETERMINATION.—The Com-
mission shall publish in the Federal Register a no-
tice of each determination made under paragraph 
(1). 
(c) INFORMATION TO BE PROVIDED PREPARATORY 
TO AN ADJUDICATORY HEARING.— 
(1) IN GENERAL.—If the Commission makes a 
determination under subsection (b)(1)(B) that the 
petitioner should proceed to an adjudicatory hearing, 
the Commission shall— 
(A)(i) not later than 30 days after the date 
of such determination, make available appro-
priate evidentiary records of the Commission to 
the petitioner to assist the petitioner in pre-
paring for the adjudicatory hearing; and 
(ii) include such guidance as the Com-
mission considers necessary or appropriate 
VerDate Aug 31 2005 
00:01 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H2837.IH
H2837
bajohnson on PROD1PC77 with BILLS
to assist the petitioner in preparing for the 
hearing; and 
(B) not later than 30 days after the con-
clusion of the preliminary hearing under sub-
section (a), provide a written notification to the 
petitioner that includes a list of any deficiencies 
or omissions that the Commission relied on in 
making a determination under subsection 
(b)(1)(B). 
(2) SUBJECT
OF
ADJUDICATORY
HEARING.— 
The list of deficiencies and omissions provided by 
the Commission to a petitioner under paragraph 
(1)(B) shall be the subject of the adjudicatory hear-
ing. The Commission may not make any additions to 
the list after the Commission issues the list. 
SEC. 9. ADJUDICATORY HEARING. 
(a) IN GENERAL.—Not later than 180 days after the 
conclusion of a preliminary hearing under section 8(a), the 
Commission shall afford a petitioner who is subject to sec-
tion 8(b)(1)(B) an adjudicatory hearing. The subject of 
the adjudicatory hearing shall be the list of deficiencies 
and omissions provided under section 8(c)(1)(B) and shall 
be conducted pursuant to sections 554, 556, and 557 of 
title 5, United States Code. 
VerDate Aug 31 2005 
00:01 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H2837.IH
H2837
bajohnson on PROD1PC77 with BILLS
(b) TESTIMONY FROM STAFF OF COMMISSION.—In 
any hearing held under subsection (a), the Commission 
shall require testimony from the acknowledgement and re-
search staff of the Commission or other witnesses involved 
in the preliminary determination. Any such testimony 
shall be subject to cross-examination by the petitioner. 
(c) EVIDENCE BY PETITIONER.—In any hearing held 
under subsection (a), the petitioner may provide such evi-
dence as the petitioner considers appropriate. 
(d) DETERMINATION
BY COMMISSION.—Not later 
than 60 days after the conclusion of any hearing held 
under subsection (a), the Commission shall— 
(1) make a determination concerning the exten-
sion or denial of Federal acknowledgment of the pe-
titioner as an Indian tribe to the petitioner; 
(2) publish the determination of the Commis-
sion under paragraph (1) in the Federal Register; 
and 
(3) deliver a copy of the determination to the 
petitioner, and to every other interested party. 
SEC. 10. APPEALS. 
(a) IN GENERAL.—Not later than 60 days after the 
date that the Commission publishes a determination under 
section 9(d), the petitioner may appeal the determination 
VerDate Aug 31 2005 
00:01 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H2837.IH
H2837
bajohnson on PROD1PC77 with BILLS
to the United States District Court for the District of Co-
lumbia. 
(b) ATTORNEY FEES.—If the petitioner prevails in 
an appeal made under subsection (a), the petitioner shall 
be eligible for an award of reasonable attorney fees and 
costs under section 504 of title 5, United States Code, 
or section 2412 of title 28, United States Code, whichever 
is applicable. 
SEC. 11. EFFECT OF DETERMINATIONS. 
A determination by the Commission under section 
9(d) that an Indian group is recognized by the Federal 
Government as an Indian tribe shall not have the effect 
of depriving or diminishing— 
(1) the right of any other Indian tribe to govern 
the reservation of such other tribe as that reserva-
tion existed before the recognition of that Indian 
group, or as that reservation may exist thereafter; 
(2) any property right held in trust or recog-
nized by the United States for that other Indian 
tribe as that property existed before the recognition 
of that Indian group; or 
(3) any previously or independently existing 
claim by a petitioner to any such property right held 
in trust by the United States for that other Indian 
VerDate Aug 31 2005 
00:01 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2837.IH
H2837
bajohnson on PROD1PC77 with BILLS
tribe before the recognition by the Federal Govern-
ment of that Indian group as an Indian tribe. 
SEC. 12. IMPLEMENTATION OF DECISIONS. 
(a) ELIGIBILITY FOR SERVICES AND BENEFITS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
upon recognition by the Commission of a petitioner 
as an Indian tribe under this Act, the Indian tribe 
shall— 
(A) 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; and 
(B) have the responsibilities, obligations, 
privileges, and immunities of those Indian 
tribes. 
(2) PROGRAMS OF THE BUREAU.— 
(A) IN GENERAL.—The recognition of an 
Indian group as an Indian tribe by the Commis-
sion under this Act shall not create an imme-
diate entitlement to programs of the Bureau in 
existence on the date of the recognition. 
(B) AVAILABILITY OF PROGRAMS.— 
VerDate Aug 31 2005 
00:01 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H2837.IH
H2837
bajohnson on PROD1PC77 with BILLS
(i) IN GENERAL.—The programs de-
scribed in subparagraph (A) shall become 
available to the Indian tribe upon the ap-
propriation of funds. 
(ii) 
REQUESTS
FOR
APPROPRIA-
TIONS.—The Secretary and the Secretary 
of Health and Human Services shall for-
ward budget requests for funding the pro-
grams for the Indian tribe pursuant to the 
needs determination procedures established 
under subsection (b). 
(b) NEEDS
DETERMINATION
AND
BUDGET
RE-
QUEST.— 
(1) IN
GENERAL.—Not later than 180 days 
after an Indian group is recognized by the Commis-
sion as an Indian tribe under this Act, the appro-
priate officials of the Bureau and the Indian Health 
Service of the Department of Health and Human 
Services shall consult and develop in cooperation 
with the Indian tribe, and forward to the Secretary 
or the Secretary of Health and Human Services, as 
appropriate, a determination of the needs of the In-
dian tribe and a recommended budget required to 
serve the newly recognized Indian tribe. 
VerDate Aug 31 2005 
00:01 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H2837.IH
H2837
bajohnson on PROD1PC77 with BILLS
(2) SUBMISSION OF BUDGET REQUEST.—Upon 
receipt of the information described in paragraph 
(1), the appropriate Secretary shall submit to the 
President a recommended budget along with rec-
ommendations, concerning the information received 
under paragraph (1), for inclusion in the annual 
budget submitted by the President to the Congress 
pursuant to section 1108 of title 31, United States 
Code. 
SEC. 13. ANNUAL REPORT CONCERNING COMMISSION’S AC-
TIVITIES. 
(a) LIST OF RECOGNIZED TRIBES.—Not later than 
90 days after the first meeting of the Commission, and 
annually on or before each January 30 thereafter, the 
Commission shall publish in the Federal Register a list 
of all Indian tribes that— 
(1) are recognized by the Federal Government; 
and 
(2) receive services from the Bureau. 
(b) ANNUAL REPORT.— 
(1) IN GENERAL.—Beginning on the date that 
is 1 year after the date of the first meeting of the 
Commission, and annually thereafter, the Commis-
sion shall prepare and submit a report to the Com-
mittee on Indian Affairs of the Senate and the Com-
VerDate Aug 31 2005 
00:01 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H2837.IH
H2837
bajohnson on PROD1PC77 with BILLS
mittee on Resources of the House of Representatives 
that describes the activities of the Commission. 
(2) CONTENT OF REPORTS.—Each report sub-
mitted under this subsection shall include, at a min-
imum, for the year that is the subject of the re-
port— 
(A) the number of documented petitions 
pending at the beginning of the year and the 
names of the petitioners; 
(B) the number of documented petitions 
received during the year and the names of the 
petitioners; 
(C) the number of documented petitions 
the Commission approved for acknowledgment 
during the year and the names of the acknowl-
edged petitioners; 
(D) the number of documented petitions 
the Commission denied for acknowledgment 
during the year and the names of the peti-
tioners; and 
(E) the status of all pending documented 
petitions on the date of the report and the 
names of the petitioners. 
VerDate Aug 31 2005 
00:01 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H2837.IH
H2837
bajohnson on PROD1PC77 with BILLS
SEC. 14. 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. The district court shall issue such orders (including 
writs of mandamus) as may be necessary to enforce the 
provisions of this Act. 
SEC. 15. REGULATIONS. 
The Commission may, in accordance with applicable 
requirements of title 5, United States Code, promulgate 
and publish such regulations as may be necessary to carry 
out this Act. 
SEC. 16. GUIDELINES AND ADVICE. 
(a) GUIDELINES.—Not later than 90 days after the 
date of the first meeting of the Commission, the Commis-
sion shall make available to Indian groups suggested 
guidelines for the format of documented petitions, includ-
ing general suggestions and guidelines concerning where 
and how to research information that is required to be 
included in a documented petition. The examples included 
in the guidelines shall not preclude the use of any other 
appropriate format. 
VerDate Aug 31 2005 
00:01 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H2837.IH
H2837
bajohnson on PROD1PC77 with BILLS