I
103D CONGRESS
2D SESSION
H. R. 4462
To provide for administrative procedures to extend Federal recognition to
certain Indian groups, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 1994
Mr. RICHARDSON (for himself and Mr. THOMAS of Wyoming) introduced the
following bill; which was referred to the Committee on Natural Resources
A BILL
To provide for administrative procedures to extend Federal
recognition to certain Indian groups, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Indian Federal Rec-
ognition Administrative Procedures Act of 1994’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to establish an administrative procedure to
extend Federal recognition to certain Indian groups;
(2) to extend to Indian groups the protection,
services, and benefits available from the Federal
Government pursuant to the Federal trust respon-
sibility;
(3) to provide clear and consistent standards of
administrative review of recognition petitions for In-
dian groups; and
(4) to expedite the administrative review proc-
ess by providing definitive timelines for review and
adequate resources to process recognition petitions.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘aboriginal group’’ means any In-
dian entity whose members inhabited or whose range
extended into any part of the area now constituting
the United States of America, Canada, or the Unit-
ed States of Mexico prior to the first sustained con-
tact of such members with Euro-Americans.
(2) The term ‘‘autonomous’’, in the context of
decisionmaking, means having its own tribal council,
internal process, or other organizational mechanism
which the Indian group has used as its own means
of making decisions independent of the control of
any other Indian tribe, and in using such term for
purposes of this Act, such term must be understood
in the context of the culture and social organization
of that Indian group.
(3) The term ‘‘Bureau’’ means the Bureau of
Indian Affairs of the Department of the Interior.
(4) The term ‘‘Commission’’ means the Com-
mission on Indian Recognition established under sec-
tion 4.
(5) The term ‘‘community’’ means any people
living within such a reasonable proximity as to allow
group interaction and maintenance of tribal rela-
tions.
(6) The term ‘‘continuous’’ means, with respect
to any Indian group, extending from generation to
generation throughout the Indian group’s history es-
sentially without interruption.
(7) The term ‘‘Department’’ means the Depart-
ment of the Interior.
(8) The term ‘‘historical’’ means dating back to
the earliest documented contact between—
(A) the aboriginal group from which the
petitioners descended; and
(B) citizens or officials of the United
States, colonial or territorial governments, or
citizens and officials of foreign governments.
(9) The term ‘‘Indian group’’ means any Indian
entity that—
(A) is located within any of the States of
the United States; and
(B) is not recognized by the Secretary to
be an Indian tribe.
(10) The term ‘‘Indian tribe’’ means any Indian
entity that—
(A) is located within any of the States of
the United States; and
(B) is recognized by the Secretary to be an
Indian tribe.
(11) The term ‘‘Indian’’ means any individual
who is a descendant of an aboriginal group.
(12) The term ‘‘member of an Indian group’’
means an individual who—
(A) is recognized by an Indian group as
meeting its membership criteria;
(B) consents to being listed as a member
of that group; and
(C) is not a member of any Indian tribe.
(13) The term ‘‘member of an Indian tribe’’
means an individual who—
(A) meets the membership requirements of
the Indian tribe, as set forth in its governing
document or recognized collectively by those
persons comprising the governing body of the
Indian tribe; and
(B) has continuously maintained tribal re-
lations with the tribe or is listed on the tribal
rolls of that Indian tribe as a member if such
rolls are maintained.
(14) The term ‘‘petition’’ means a petition sub-
mitted to the Commission under section 5 or trans-
ferred to the Commission under section 5 of this
Act.
(15) The term ‘‘petitioner’’ means any entity
which has submitted, or submits, a petition to the
Secretary requesting recognition that the entity is an
Indian tribe.
(16) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(17) The term ‘‘treaty’’ means any treaty—
(A) negotiated and ratified by the United
States with, or on behalf of, any Indian group;
(B) made by any sovereign with, or on be-
half of, any Indian group from which the
United States acquired territory by purchase,
conquest, or cession; or