I 
111TH CONGRESS 
1ST SESSION H. R. 3690 
To establish a Commission on Recognition of Indian Tribes to review and 
act on petitions by Indian groups applying for Federal recognition, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 1, 2009 
Mr. FALEOMAVAEGA (for himself, Mr. RAHALL, Ms. HIRONO, and Mr. ABER-
CROMBIE) introduced the following bill; which was referred to the Com-
mittee on Natural Resources 
A BILL 
To establish a Commission on Recognition of Indian Tribes 
to review and act on petitions by Indian groups applying 
for Federal recognition, 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, TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Indian Tribal Federal Recognition Administrative Proce-
dures Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title, table of contents. 
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(4) To provide clear and consistent standards of 
administrative review of documented petitions for 
Federal acknowledgment. 
(5) To clarify evidentiary standards and expe-
dite the administrative review process by providing 
adequate resources to process documented petitions. 
(6) To ensure that when the Federal Govern-
ment extends acknowledgment to an Indian tribe, 
the Federal Government does so with an internally 
consistent legal, factual, and historical basis. 
(7) To extend to Indian groups that the Com-
mission determines to be Indian tribes the protec-
tion, services, and benefits available from the Fed-
eral Government pursuant to the Federal trust re-
sponsibility with respect to Indian tribes. 
(8) To assure that Indian groups that are de-
termined to be Indian tribes are recognized as hav-
ing the immunities and privileges available to other 
federally acknowledged Indian tribes by virtue of 
their status as Indian tribes with a government-to- 
government relationship with the United States. 
(9) To preserve the integrity of the government- 
to-government relationship between the United 
States and federally recognized Indian tribes by in-
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suring that only self-governing Indian peoples are 
recognized by the United States. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ACKNOWLEDGMENT.—The term ‘‘acknowl-
edgment’’ means a determination by the Commission 
on Recognition of Indian Tribes that an Indian 
group constitutes an Indian tribe with a govern-
ment-to-government relationship with the United 
States. 
(2) AUTONOMOUS.— 
(A) IN
GENERAL.—The term ‘‘autono-
mous’’ means the exercise of political influence 
or authority independent of the control of any 
other Indian governing entity. 
(B) CONTEXT OF TERM.—With respect to 
a petitioner, the term shall be understood in the 
context of the history, geography, culture, and 
social organization of the petitioner. 
(3) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Indian Affairs of the Department. 
(4) COMMISSION.—The term ‘‘Commission’’ 
means the Commission on Recognition of Indian 
Tribes established under this Act. 
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(5) COMMUNITY.—The term community refers 
to a group of related individuals that is distinct from 
surrounding communities. A tribal community may 
be found to be distinct, even though some of its 
members are also members of other tribes. The term 
shall be understood in the context of the history, cul-
ture, and social organization of the group, the intra- 
tribal marriage patterns of the group, and the geog-
raphy and economy of the region in which the group 
resides. 
(6) CONTINUOUS OR CONTINUOUSLY.—With re-
spect to a period of history of a group, the term 
‘‘continuous’’ or ‘‘continuously’’ means extending 
from 1900 to the present without interruption as 
demonstrated by evidence of the fact or condition no 
less than once every ten years. 
(7) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of the Interior. 
(8) DOCUMENTED PETITION.—The term ‘‘docu-
mented petition’’ means the detailed, factual expo-
sition and arguments, including all documentary evi-
dence, necessary to demonstrate that those argu-
ments specifically address the mandatory criteria es-
tablished in this Act. 
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(9) HISTORICALLY, HISTORICAL, HISTORY.— 
The terms ‘‘historically’’, ‘‘historical’’, and ‘‘history’’ 
refer to the persectioniod dating from 1900. 
(10) 
INDIAN
GROUP.—The 
term 
‘‘Indian 
group’’ means any Indian band, pueblo, village, or 
community that is not acknowledged to be an Indian 
tribe by the Federal Government. 
(11) INTERESTED
PARTY.—The term ‘‘inter-
ested party’’ means any person, organization, or 
other entity who can establish a legal, factual, or 
property interest in an acknowledgment determina-
tion and who requests an opportunity to submit 
comments or evidence or to be kept informed of Fed-
eral actions regarding a specific petitioner. The term 
includes the Governor and attorney general of the 
State in which a petitioner is located, and may in-
clude, but is not limited to, local governmental units, 
and any recognized Indian tribes and unrecognized 
Indian groups that might be affected by an acknowl-
edgment determination. 
(12) LETTER OF INTENT.—The term ‘‘letter of 
intent’’ means an undocumented letter or resolution 
that— 
(A) is dated and signed by the governing 
body of an Indian group; 
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(B) is submitted to the Commission; and 
(C) indicates the intent of the Indian 
group to submit a documented petition for Fed-
eral acknowledgment. 
(13) 
PETITIONER.—The 
term 
‘‘petitioner’’ 
means any group that submits a letter of intent to 
the Commission requesting acknowledgment as an 
Indian tribe. 
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(15) TREATY.—The term ‘‘treaty’’ means any 
treaty— 
(A) negotiated and ratified by the United 
States on or before March 3, 1871, with, or on 
behalf of, any Indian group or tribe; 
(B) negotiated by the United States with, 
or on behalf of, any Indian group in California, 
whether or not the treaty was subsequently 
ratified; or 
(C) made by any government with, or on 
behalf of, any Indian group or tribe, prior to 
that government’s entry into the United States, 
or when the United States acquired jurisdiction 
over land and territory by purchase, conquest, 
annexation, or cession and the predecessor gov-
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ernment had entered into treaties with any In-
dian group or tribe without regard to whether 
the treaty was expressly acceded to or adopted 
by the successor government. 
(16) TRIBAL ROLL.— 
(A) IN GENERAL.—The term ‘‘tribal roll’’ 
means a list exclusively of those individuals 
who— 
(i)(I) have been determined by the 
tribe to meet the membership requirements 
of the tribe, as set forth in the governing 
document of the tribe; or 
(II) in the absence of a governing doc-
ument that sets forth those requirements, 
have been recognized as members by the 
governing body of the tribe; and 
(ii) have affirmatively demonstrated 
consent to being listed as members of the 
tribe. 
(B) MEMBERSHIP.—The tribal roll shall be 
composed principally of persons who are not 
members of any recognized Indian tribe, pro-
vided that the Commission shall not deny rec-
ognition to any petitioner if no more than 20 
percent of the individuals listed on the tribal 
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roll were at the time that the petition was sub-
mitted to either the Secretary or the Commis-
sion enrolled as a member of a federally recog-
nized Indian tribe. 
SEC. 4. COMMISSION ON RECOGNITION OF INDIAN TRIBES. 
(a) ESTABLISHMENT.—There is established the Com-
mission on Recognition of Indian Tribes. The Commission 
shall be an independent establishment (as defined in sec-
tion 104 of title 5, United States Code). 
(b) MEMBERSHIP.— 
(1) IN GENERAL.— 
(A) MEMBERS.—The Commission shall 
consist of 7 members appointed by the Presi-
dent, by and with the advice and consent of the 
Senate. 
(B) INDIVIDUALS TO BE CONSIDERED FOR 
MEMBERSHIP.—In making appointments to the 
Commission, the President shall give careful 
consideration to— 
(i) recommendations received from In-
dian groups and Indian tribes; and 
(ii) individuals who have a back-
ground or who have demonstrated exper-
tise and experience in Indian law or policy, 
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anthropology, genealogy, or Native Amer-
ican history. 
(C) BACKGROUND INFORMATION.—No in-
dividual shall be eligible for any appointment 
to, or continue service on the Commission, 
who— 
(i) has been convicted of a felony; or 
(ii) has any financial interest in, or 
management responsibility for, any Indian 
group, except merely by virtue of member-
ship in such group. 
(2) POLITICAL AFFILIATION.—Not more than 4 
members of the Commission may be members of the 
same political party. 
(3) TERMS.—Each member of the Commission 
shall be appointed for a term of 6 years. 
(4) VACANCIES.—Any vacancy in the Commis-
sion shall not affect the powers of the Commission, 
but shall be filled in the same manner in which the 
original appointment was made. Any member ap-
pointed to fill a vacancy occurring before the expira-
tion of the term for which the predecessor of the 
member was appointed shall be appointed only for 
the remainder of that term. A member may serve 
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after the expiration of the term of that member until 
a successor has taken office. 
(5) COMPENSATION.— 
(A) IN GENERAL.—Each member of the 
Commission shall receive compensation at a 
rate equal to the daily equivalent of the annual 
rate of basic pay prescribed for level V of the 
Executive Schedule under section 5316 of title 
5, United States Code, for each day, including 
travel time, that the member is engaged in the 
actual performance of duties authorized by the 
Commission. 
(B) TRAVEL.—All members of the Com-
mission shall be reimbursed for travel and per 
diem in lieu of subsistence expenses during the 
performance of duties of the Commission while 
away from their homes or regular places of 
business, in accordance with subchapter I of 
chapter 57 of title 5, United States Code. 
(6) FULL-TIME EMPLOYMENT.—Each member 
of the Commission shall serve on the Commission as 
a full-time employee of the Federal Government. No 
member of the Commission may, while serving on 
the Commission, be otherwise employed as an officer 
or employee of the Federal Government. Service by 
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a member who is an employee of the Federal Gov-
ernment at the time of nomination as a member 
shall be without interruption or loss of civil service 
status or privilege. 
(7) CHAIRPERSON.—At the time appointments 
are made under paragraph (1), the President shall 
designate a Chairperson of the Commission (referred 
to in this section as the ‘‘Chairperson’’) from among 
the appointees. 
(c) MEETINGS AND PROCEDURES.— 
(1) IN GENERAL.—The Commission shall hold 
its first meeting not later than 30 days after the 
date on which all members of the Commission have 
been appointed and confirmed by the Senate. 
(2) QUORUM.—A panel of any 3 members of 
the Commission may conduct any proceedings au-
thorized herein, except those authorized under sec-
tion 10 which shall be conducted by no fewer than 
5 commissioners. 
(3) RULES.—The Commission may adopt such 
rules (consistent with the provisions of this Act) as 
may be necessary to establish the procedures of the 
Commission and to govern the manner of operations, 
organization, and personnel of the Commission. 
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(4) PRINCIPAL OFFICE.—The principal office of 
the Commission shall be in the District of Columbia. 
(d) DUTIES.—The Commission shall carry out the 
duties assigned to the Commission by this Act, and shall 
meet the requirements imposed on the Commission by this 
Act. 
(e) POWERS AND AUTHORITIES.— 
(1) POWERS
AND
AUTHORITIES
OF
CHAIR-
PERSON.—Subject to such rules and regulations as 
may be adopted by the Commission, the Chairperson 
may— 
(A) appoint, terminate, and fix the com-
pensation (without regard to the provisions of 
title 5, United States Code), governing appoint-
ments in the competitive service, and without 
regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title, or of any 
other provision of law, relating to the number, 
classification, and General Schedule rates) of 
an Executive Director of the Commission and of 
such other personnel as the Chairperson con-
siders advisable to assist in the performance of 
the duties of the Commission, at a rate not to 
exceed a rate equal to the daily equivalent of 
the annual rate of basic pay prescribed for level 
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V of the Executive Schedule under section 5316 
of title 5, United States Code; and 
(B) procure, as authorized by section 
3109(b) of title 5, United States Code, tem-
porary and intermittent services to the same ex-
tent as is authorized by law for agencies in the 
executive branch, but at rates not to exceed the 
daily equivalent of the annual rate of basic pay 
prescribed for level V of the Executive Schedule 
under section 5316 of that title. 
(2) GENERAL POWERS AND AUTHORITIES OF 
COMMISSION.— 
(A) IN GENERAL.—The Commission may 
hold such hearings and sit and act at such 
times as the Commission considers appropriate. 
(B) OTHER AUTHORITIES.—As the Com-
mission may consider advisable, the Commission 
may— 
(i) take testimony; 
(ii) have printing and binding done; 
(iii) enter into contracts and other ar-
rangements, subject to the availability of 
funds; 
(iv) make expenditures; and 
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(v) take other appropriate actions as 
authorized by this Act. 
(C) 
OATHS
AND
AFFIRMATION.—Any 
member of the Commission may administer 
oaths or affirmations to witnesses appearing be-
fore the Commission. 
(3) INFORMATION.— 
(A) IN GENERAL.—The Commission may 
secure directly from any officer, department, 
agency, establishment, or instrumentality of the 
Federal Government such information as the 
Commission may require to carry out this Act. 
Each such officer, department, agency, estab-
lishment, or instrumentality shall furnish, to 
the extent permitted by law, such information, 
suggestions, estimates, and statistics directly to 
the Commission. 
(B) FACILITIES, 
SERVICES, 
AND
DE-
TAILS.—Upon the request of the Chairperson, 
to assist the Commission in carrying out its du-
ties of the department, agency, or instrumen-
tality may— 
(i) make any of the facilities and serv-
ices of that department, agency, or instru-
mentality available to the Commission; and 
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(ii) detail any of the personnel of that 
department, agency, or instrumentality to 
the Commission, on a nonreimbursable 
basis. 
(C) MAILS.—The Commission may use the 
United States mails in the same manner and 
under the same conditions as other departments 
and agencies of the United States. 
(f) FEDERAL ADVISORY COMMITTEE ACT.—The pro-
visions of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the Commission. 
(g) TERMINATION OF COMMISSION.—The Commis-
sion shall terminate not later than the date that is 12 
years after the date of the first meeting of the Commission 
unless such date is otherwise shortened or extended by an 
Act of Congress. 
(h) APPOINTMENTS.—Notwithstanding any other 
provision of this Act, the Secretary shall continue to exer-
cise those authorities vested in the Secretary relating to 
the supervision of Indian recognition regulated under part 
83 of title 25 of the Code of Federal Regulations until 
such time as the Commission is organized and prescribes 
regulations. The Secretary shall provide staff and support 
assistance to facilitate an orderly transition to regulation 
of recognition of Indian tribes by the Commission. 
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SEC. 5. DOCUMENTED PETITIONS FOR RECOGNITION. 
(a) IN GENERAL.— 
(1) LETTERS
OF
INTENT
AND
DOCUMENTED 
PETITIONS.—Subject to subsection (d) and except as 
provided in paragraph (3), any Indian group may 
submit to the Commission letters of intent and a 
documented petition requesting that the Commission 
recognize the group as an Indian tribe. 
(2) TRANSFER OF DOCUMENTED PETITION.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, not later than 30 days 
after publication of formal regulations gov-
erning the operation of the Commission, the 
Secretary shall transfer to the Commission all 
documented petitions, all administrative files re-
lated thereto, and letters of intent pending be-
fore the Department that request the Secretary 
to recognize or acknowledge an Indian group as 
an Indian tribe. 
(B) CESSATION OF CERTAIN AUTHORITIES 
OF
SECRETARY.—Notwithstanding any other 
provision of law, on the date of the transfer 
under subparagraph (A), the Secretary and the 
Department shall cease to have any authority to 
recognize or acknowledge, on behalf of the Fed-
eral Government, any Indian group as an In-
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dian tribe under part 83 of title 25, Code of 
Federal Regulations, and its successors. 
(C) DETERMINATION OF ORDER OF SUB-
MISSION OF TRANSFERRED DOCUMENTED PETI-
TIONS.—Documented petitions transferred to 
the Commission under subparagraph (A) shall, 
for purposes of this Act, be considered as hav-
ing been submitted to the Commission in the 
same order as those documented petitions were 
submitted to the Department. 
(3) EXCLUSION.—The following groups and en-
tities shall not be eligible to submit a documented 
petition for recognition by the Commission under 
this Act: 
(A) ENTITIES THAT ARE ELIGIBLE TO RE-
CEIVE SERVICES FROM THE BUREAU.—Indian 
tribes, organized bands, pueblos, communities, 
and Alaska Native entities that are recognized 
by the Secretary as of the date of enactment of 
this Act as eligible to receive services from the 
Bureau. 
(B) SPLINTER
GROUPS, POLITICAL
FAC-
TIONS, AND
COMMUNITIES.—Splinter groups, 
political factions, communities, or groups of any 
character that separate from the main body of 
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an Indian tribe that, at the time of that separa-
tion, is recognized as an Indian tribe by the 
Secretary, unless the group, faction, or commu-
nity is able to establish clearly that the group, 
faction, or community has functioned since 
1900 as an autonomous Indian tribal entity. 
(C) GROUPS THAT HAVE PREVIOUSLY SUB-
MITTED DOCUMENTED PETITIONS.—Groups, or 
successors in interest of groups, that before the 
date of enactment of this Act, have petitioned 
for and been denied or refused recognition 
based on the merits of their petition as an In-
dian tribe under regulations prescribed by the 
Secretary (other than an Indian group de-
scribed in subsection (d)(1). Nothing in this 
subparagraph shall be construed as excluding 
any group that Congress has identified as In-
dian, but has not identified as an Indian tribe. 
(D) INDIAN GROUPS SUBJECT TO TERMI-
NATION.—Any Indian group whose relationship 
with the Federal Government was expressly ter-
minated by an Act of Congress. 
(b) DOCUMENTED PETITION FORM AND CONTENT.— 
Except as provided in subsection (c), any documented peti-
tion submitted under subsection (a) by an Indian group 
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shall be in any readable form that clearly indicates that 
the documented petition is a documented petition request-
ing the Commission to recognize the Indian group as an 
Indian tribe and that contains detailed, specific evidence 
concerning each of the following items: 
(1) LIST OF MEMBERS WHO DESCEND FROM 
HISTORIC TRIBE(S).— 
(A) IN GENERAL.—A list of all then cur-
rent members of the petitioner, including the 
full name (and maiden name, if any), date, and 
place of birth, and then current residential ad-
dress of each member, a copy of each available 
former list of members based on the criteria de-
fined by the petitioner, and a statement describ-
ing the methods used in preparing those lists. 
(B) REQUIREMENTS FOR MEMBERSHIP.— 
In order for the Commission to consider the 
members of the group to be members of an In-
dian tribe for the purposes of the documented 
petition, that membership shall be required to 
consist of established descendancy from an In-
dian group that existed historically, or from his-
torical Indian groups that combined and func-
tioned as a single autonomous entity. 
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(C) EVIDENCE OF TRIBAL MEMBERSHIP.— 
Evidence of tribal membership required by the 
Commission for a determination of tribal mem-
bership shall include the following items: 
(i) 
DESCENDANCY
ROLLS.— 
Descendancy rolls prepared by the Sec-
retary for the petitioner for purposes of 
distributing claims money, providing allot-
ments, or other purposes. 
(ii) CERTAIN
OFFICIAL
RECORDS.— 
Federal, State, or other official records or 
evidence identifying then present members 
of the petitioner, or ancestors of then 
present members of the petitioner, as being 
descendants of a historic tribe or historic 
tribes that combined and functioned as a 
single autonomous political entity. 
(iii) 
ENROLLMENT
RECORDS.— 
Church, school, and other similar enroll-
ment records identifying then present 
members or ancestors of then present 
members as being descendants of a historic 
tribe or historic tribes that combined and 
functioned as a single autonomous political 
entity. 
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(iv) AFFIDAVITS OF RECOGNITION.— 
Affidavits of recognition by tribal elders, 
leaders, or the tribal governing body identi-
fying then present members or ancestors of 
then present members as being descend-
ants of 1 or more historic tribes that com-
bined and functioned as a single autono-
mous political entity. 
(v) OTHER RECORDS OR EVIDENCE.— 
Other records or evidence based upon anal-
ysis by historians, anthropologists, and 
genealogists with established expertise on 
the petitioner or Indian entities in general, 
identifying then present members or ances-
tors of then present members as being de-
scendants of 1 or more historic tribes that 
combined and functioned as a single auton-
omous political entity. 
(2) EVIDENCE OF COMMUNITY.— 
(A) DISTINCT COMMUNITY.—A statement 
of facts and an analysis of such facts estab-
lishing that the group comprises a community 
of related members distinct from surrounding 
communities continuously since 1900. 
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(B) EVIDENCE
OF
DISTINCT
COMMU-
NITY.—Evidence that the Commission may rely 
upon in determining that the petitioner meets 
the distinct community criterion may include 
one or more of the following items: 
(i) Political structures or processes 
limited to the group by which decisions 
that affect the group are made, such as 
the allocation of resources or the settle-
ment of disputes among members. 
(ii) Political disagreements among the 
individual members of the group over 
group policies, processes, or decisions. 
(iii) Significant rates of informal so-
cial interaction, social relationships, such 
as marriage or shared economic activity, 
among members of the group. 
(iv) Cultural patterns among a signifi-
cant portion of the group’s members such 
as language, religious beliefs and practices, 
or religious organizations. 
(v) The majority of the group’s mem-
bers exhibits collateral as well as lineal 
kinship ties through generations to the 
third degree. 
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(vi) Other evidence deemed relevant or 
probative by the Commission. 
(C) CONCLUSIVE EVIDENCE OF DISTINCT 
COMMUNITY.—A petitioner shall be considered 
to have conclusively established a distinct com-
munity for any period in which it establishes 
one of the following: 
(i) Not less than 1⁄3 of the members 
of the group who are married are married 
to other members of the group. 
(ii) Not less than 50 percent of the 
members of the group reside in geo-
graphical area(s) that are exclusively or al-
most exclusively composed of members of 
the group. 
(iii) The State in which the petitioner 
principally resides has continuously since 
1900 recognized the group as a self-gov-
erning Indian community or has held a 
reservation for the group. 
(iv) A continuous line of group lead-
er(s) with a description of the means of se-
lection or acquiescence by a majority of the 
group’ s members. 
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(3) GOVERNING
DOCUMENT.—A copy of the 
then present governing document of the petitioner 
that includes the membership criteria of the peti-
tioner. In the absence of a written document, the pe-
titioner shall be required to provide a statement de-
scribing in full the membership criteria of the peti-
tioner and the then current governing procedures of 
the petitioner. 
(4) PETITIONER
BURDEN
OF
PROOF.—At all 
levels of Commission consideration of a petition, and 
upon any reconsideration of appellate review of such 
petition, the Petitioner shall be considered to have 
satisfied any requirement if the evidence submitted, 
taken together, establishes a reasonable likelihood of 
the validity of the facts establishing the satisfaction 
of that requirement. No higher level of proof shall 
be required, and conclusive proof of a single fact re-
lating to a requirement shall not be necessary for 
the requirement to be considered met. 
(c) EXPEDITED DECISION.— 
(1) EXPEDITED NEGATIVE.—Within 6 months 
of receipt of a documented petition, the Commission 
shall, where appropriate, publish a notice of deter-
mination that the petitioner shall not be recognized 
upon a determination that the petitioner failed to 
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demonstrate Indian ancestry as required by sub-
section (b)(3); 
(2) EXPEDITED FAVORABLE.—Within 6 months 
of receipt of a documented petition the Commission, 
upon the request of the petitioner, shall publish a 
notice of determination that the petitioner shall be 
acknowledged as an Indian tribe upon the Commis-
sion’s determination that the petitioner has dem-
onstrated that it has comprised a distinct commu-
nity for a time depth of 10 years prior to the date 
upon which the petitioner filed a completed petition 
before either the Secretary or the Commission, and 
any of the following: 
(A) Where 90 percent or more of its mem-
bers descend from a tribe recognized by treaty 
with the United States. 
(B) Where 90 percent or more of its mem-
bers descend from a historic tribe for which the 
State in which the petitioner principally resides 
has since 1900 recognized a reservation for that 
petitioner. 
(C) Where 90 percent or more of its mem-
bers descend from a historic tribe and are mem-
bers of a tribe held to constitute an Indian tribe 
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under Federal law by a Federal court or a 
State court of last resort. 
(D) Where 90 percent or more of its mem-
bers descend from a historic tribe that the 
United States has at one time unambiguously 
acknowledged. 
(3) EFFECT
OF
AN
EXPEDITED
DETERMINA-
TION.—A noticed expedited determination shall be 
deemed a final decision by the Commission, unless 
the expedited determination is rebutted as follows: 
(A) Within 60 days after the publication of 
the notice of expedited determination an inter-
ested party or the petitioner submits comments 
on the notice. 
(B) Such comments pertain to the basis of 
the expedited determination. 
(C) In the event such comments are sub-
mitted, the notice of expedited determination 
shall not constitute a final decision of the Com-
mission and the petitioner shall be entitled to 
an adjudicatory hearing under section 9. 
(d) HEARING FOR PREVIOUSLY DENIED GROUPS.— 
(1) IN
GENERAL.—Indian groups that have 
been denied or refused recognition as an Indian tribe 
under regulations prescribed by the Secretary shall 
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be entitled to an adjudicatory hearing under section 
9 before the Commission, if the Commission deter-
mines that the criteria established by this Act 
changes the evaluation of the merits of the Indian 
group’s documented petition submitted to the De-
partment. 
(2) HEARING RECORD.—For purposes of para-
graph (1), the Commission shall review the adminis-
trative record containing the documented petition 
that formed the basis of the determination to the In-
dian group by the Secretary. 
(3) TREATMENT OF SECRETARY’S FINAL DE-
TERMINATION.—For purposes of the adjudicatory 
hearing under section 9, the Secretary’s final deter-
mination shall be considered a preliminary deter-
mination under section 8(b)(1)(B). 
(4) OFFICIAL
GOVERNMENT
ACTIONS
TO
BE 
CONSIDERED
CONCERNING
EVIDENCE
OF
CRI-
TERIA.—A statement and an analysis of facts sub-
mitted under this section may establish that, for any 
given period of time for which evidence of criteria is 
lacking, such absence of evidence corresponds in 
time with official acts of the Federal or relevant 
State Government which prohibited or penalized the 
expression of Indian identity. For such periods of 
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time, the absence of evidence shall not be the basis 
for declining to acknowledge the petitioner. 
(e) DEADLINE FOR SUBMISSION.— 
(1) 
DOCUMENTED
PETITIONS.—No 
Indian 
group may submit a documented petition to the 
Commission later than 8 years after the date of the 
first meeting of the Commission. 
(2) LETTERS OF INTENT.—In the case of a let-
ter of intent, the Commission shall publish in the 
Federal Register a notice of such receipt, including 
the name, location, and mailing address of the peti-
tioner. A petitioner who has submitted a letter of in-
tent or had a letter of intent transferred to the Com-
mission under section 5 shall be required to submit 
a documented petition within 3 years after the date 
of the first meeting of the Commission to the Com-
mission. No letters of intent will be accepted by the 
Commission later than 3 years after the date of the 
first meeting of the Commission. 
SEC. 6. NOTICE OF RECEIPT OF DOCUMENTED PETITION. 
(a) PETITIONER.— 
(1) IN GENERAL.—Not later than 30 days after 
a documented petition is submitted or transferred to 
the Commission under section 5(a), the Commission 
shall— 
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(A) send an acknowledgment of receipt in 
writing to the petitioner; and 
(B) publish in the Federal Register a no-
tice of that receipt, including the name, loca-
tion, and mailing address of the petitioner and 
such other information that— 
(i) identifies the entity that submitted 
the documented petition and the date the 
documented petition was received by the 
Commission; 
(ii) indicates where a copy of the doc-
umented petition may be examined; and 
(iii) indicates whether the documented 
petition is a transferred documented peti-
tion that is subject to the special provi-
sions under paragraph (2). 
(2) SPECIAL
PROVISIONS
FOR
THE
TRANS-
FERRED DOCUMENTED PETITIONS.— 
(A) IN GENERAL.—With respect to a docu-
mented petition that is transferred to the Com-
mission under section 5(a)(4), the notice pro-
vided to the petitioner, shall, in addition to pro-
viding the information specified in paragraph 
(1), inform the petitioner whether the docu-
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mented petition constitutes a documented peti-
tion that meets the requirements of section 5. 
(B) AMENDED PETITIONS.—If the petition 
described in subparagraph (A) is not a docu-
mented petition, the Commission shall notify 
the petitioner that the petitioner may, not later 
than 120 days after the date of the notice, sub-
mit to the Commission an amended petition 
that is a documented petition for review under 
section 7. 
(C) EFFECT OF AMENDED PETITION.—To 
the extent practicable, the submission of an 
amended petition by a petitioner by the date 
specified in this paragraph shall not affect the 
order of consideration of the petition by the 
Commission. 
(b) OTHER NOTIFICATION.—In addition to providing 
the notification required under subsection (a), the Com-
mission shall notify, in writing, the Governor and attorney 
general of, and each federally recognized Indian tribe 
within, any State in which a petitioner resides. 
(c) PUBLICATION; OPPORTUNITY FOR SUPPORTING 
OR OPPOSING SUBMISSIONS.— 
(1) PUBLICATION.—The Commission shall pub-
lish the notice of receipt of each documented petition 
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(including any amended petition submitted pursuant 
to subsection (a)(2)) in a major newspaper of gen-
eral circulation in the town or city located nearest 
the location of the petitioner. 
(2) OPPORTUNITY FOR SUPPORTING OR OPPOS-
ING SUBMISSIONS.— 
(A) IN GENERAL.—Each notice published 
under paragraph (1) shall include, in addition 
to the information described in subsection (a), 
notice of opportunity for interested parties to 
submit factual or legal arguments in support of, 
or in opposition to, the documented petition. 
(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-
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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— 
(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. 
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mitted or transferred under section 5(a) or submitted to 
the Commission pursuant to section 6(a)(2)(B), the Com-
mission shall— 
(1) set a date for a preliminary hearing at 
which the Commission shall preside which shall in 
no instance be held later than 180 days after receipt 
of the documented petition, and at which the peti-
tioner and any other interested party may provide 
evidence concerning the status of the petitioner; or 
(2) publish its expedited decision under section 
5(d). 
(b) DETERMINATION.—Not later than 30 days after 
the conclusion of a preliminary hearing under subsection 
(a), the Commission shall make a determination— 
(1) to extend Federal acknowledgment of the 
petitioner as an Indian tribe to the petitioner; or 
(2) that the petitioner should proceed to an ad-
judicatory hearing at which the Commission shall 
preside. 
(c) INFORMATION TO BE PROVIDED PREPARATORY 
TO AN ADJUDICATORY HEARING.— 
(1) IN GENERAL.—If the Commission makes a 
determination under subsection (b)(2) that the peti-
tioner should proceed to an adjudicatory hearing, 
the Commission shall— 
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(A)(i) not later than 30 days after the date 
of such determination, make available to the pe-
titioner all records relied upon by the Commis-
sion and its staff in making the preliminary de-
termination to assist the petitioner in preparing 
for the adjudicatory hearing; 
(ii) include such guidance as the Commis-
sion considers necessary or appropriate 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)(2). 
(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 
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Commission shall afford a petitioner who is subject to sec-
tion 8(b)(2) an adjudicatory hearing at which the Commis-
sion shall preside. 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. 
(b) TESTIMONY FROM STAFF OF COMMISSION.—In 
any hearing held under subsection (a), the Commission 
shall require testimony from the acknowledgment 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 
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(3) deliver a copy of the determination to the 
petitioner, and to every other interested party to 
that petitioner. 
SEC. 10. RECONSIDERATION BY COMMISSION; FINAL DECI-
SION. 
(a) REQUEST FOR RECONSIDERATION.— 
(1) IN GENERAL.—Upon publication of a deter-
mination by a Commission panel under section 9(d) 
in the Federal Register, or determination under sec-
tion 5(d), the petitioner or any interested party may 
file a request for reconsideration with the Commis-
sion. 
(2) DEADLINE.—A petitioner’s or interested 
party’s request for reconsideration must be received 
by the Commission no later than 90 days after the 
date of publication of the Commission panel’s deter-
mination under section 9(d) and 30 days under sec-
tion 5(d). The Commission shall dismiss a request 
for reconsideration that is not filed by the deadline. 
(3) DETERMINATION OF VALID REQUEST.—If a 
petitioner’s or interested party’s request for recon-
sideration is timely filed, the Commission shall de-
termine, within 120 days after publication of the 
Commission panel’s final determination in the Fed-
eral Register under section 9(d), and 90 days under 
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section 5(d), whether the request alleges any of the 
grounds in subsection (d) and shall notify the peti-
tioner and interested parties of it reconsidered deter-
mination. 
(4) FINAL DECISION.—If no request for recon-
sideration has been received, the Commission panel’s 
decision under section 9(d) and section 5(d) shall be 
final 90 days after publication of the final deter-
mination in the Federal Register. 
(b) DETAILED STATEMENT.— 
(1) IN
GENERAL.—The petitioner’s or inter-
ested party’s request for reconsideration shall con-
tain a detailed statement of the grounds for the re-
quest. 
(2) 
STATEMENT
CONSIDERED
OPENING 
BRIEF.—The detailed statement of grounds for re-
consideration filed by a petitioner or interested par-
ties shall be considered the appellant’s opening brief. 
(3) COPIES.—The party or parties requesting 
the reconsideration shall mail copies of the request 
to the petitioner and all other interested parties. 
(c) REVIEW.—The Commission shall review all re-
quests for reconsideration that are timely filed and that 
allege any of the following: 
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(1) That there is new evidence that could affect 
the determination. 
(2) That a substantial portion of the evidence 
relied upon in the Commission panel’s determination 
was unreliable or was of little probative value. 
(3) That petitioner’s or the Commission panel’s 
research appears inadequate or incomplete in some 
material respect. 
(4) That there are reasonable alternative inter-
pretations, not previously considered, of the evidence 
used for the determination under section 9(d) or 
under section 5(d), that would substantially affect 
the determination that the petitioner meets or does 
not meet one or more of the criteria in section 
5(b)(1) to (3) or is eligible for an expedited decision 
under section 5(c). 
(d) COMMISSION OVERSIGHT OF REQUEST FOR RE-
CONSIDERATION.— 
(1) AUTHORITY TO REVIEW.—The Commission 
shall have authority to review determinations of a 
Commission panel made pursuant to section 9(d) 
and section 5(d). 
(2) PROCEDURES FOR FULL AND FAIR EVALUA-
TION.—The Commission may establish such proce-
dures as it deems appropriate to provide a full and 
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fair evaluation of a request for reconsideration under 
this section to the extent they are not inconsistent 
with this Act. 
(3) EXPERTS.—The Commission, at its discre-
tion, may request experts not associated with the 
Commission, any panel of the Commission, the peti-
tioner, or interested parties to provide comments, 
recommendations, or technical advice concerning the 
determination, the administrative record, or mate-
rials filed by the petitioner or interested parties. The 
Commission may also request, at its discretion, com-
ments or technical assistance from the Commission 
panel concerning the final determination under sec-
tion 9(b) or under section 5(d) and the record used 
for either determination. 
(4) ADMINISTRATIVE
RECORD.—For purposes 
of review by the Commission, the administrative 
record shall consist of all appropriate documents 
held by the Commission relevant to the determina-
tion involved in the request for reconsideration. The 
Commission panel shall designate and make avail-
able to the Commission copies of critical documents 
central to the portions of the determination under a 
request for reconsideration. The Commission panel 
shall retain custody of the remainder of the adminis-
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trative record, to which the Commission shall have 
unrestricted access. 
(5) PANEL’S DETERMINATION AFFIRMED.—The 
Commission shall affirm the Commission panel’s de-
termination if the Commission finds that the peti-
tioner or interested party has failed to establish, by 
a preponderance of the evidence, at least one of the 
grounds under subsection (c). 
(6) PANEL’S DETERMINATION VACATED.—The 
Commission shall vacate the Commission panel’s de-
termination and remand it to the Commission panel 
for further work and reconsideration if the Commis-
sion finds that the petitioner or an interested party 
has established, by a preponderance of the evidence, 
one or more of the grounds under subsectukion (c). 
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; 
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(2) any property right held in trust or recog-
nized by the United States for any 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 any other Indian 
tribe before the recognition by the Federal Govern-
ment of that Indian group as an Indian tribe. 
SEC. 12. IMPLEMENTATION OF DECISIONS. 
Upon recognition by the Commission of a petitioner 
as an Indian tribe under this Act, the Indian tribe shall— 
(1) 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-govern-
ment relationships with the United States; 
(2) have the responsibilities, obligations, privi-
leges, and immunities of those Indian tribes; and 
(3) be included on the list of federally recog-
nized tribes under the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 479a et seq.; 
Public Law 103–454) (as amended by section 12 of 
this Act). 
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SEC. 13. RECOGNITION OR RESTORATION OF INDIAN 
TRIBES. 
The Federally Recognized Indian Tribe List Act of 
1994 (25 U.S.C. 479a et seq.; Public Law 103–454) is 
amended by striking section 103 and inserting the fol-
lowing: 
‘‘SEC. 103. RECOGNITION AND RESTORATION OF INDIAN 
TRIBES. 
‘‘Indian tribes may be recognized or restored by— 
‘‘(1) Federal law; 
‘‘(2) the Commission on Recognition of Indian 
Tribes; 
‘‘(3) reorganization under the Indian Reorga-
nization Act or the Alaska Indian Reorganization 
Act; and 
‘‘(4) any final decision of a United States 
court.’’. 
SEC. 14. INDIAN REORGANIZATION ACT. 
The Act of June 18, 1934 (25 U.S.C. 461 et seq.; 
popularly known as the ‘‘Indian Reorganization Act’’), is 
applicable to all tribes recognized by the Commission, 
without regard to whether such tribe was under Federal 
jurisdiction as of June 18, 1934. 
SEC. 15. NEEDS DETERMINATION AND BUDGET REQUEST. 
(a) IN GENERAL.—Not later than 180 days after an 
Indian group is recognized by the Commission as an In-
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dian tribe under this Act, the appropriate 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 Indian 
tribe and a recommended budget required to serve the 
newly recognized Indian tribe. 
(b) SUBMISSION OF BUDGET REQUEST.—Upon re-
ceipt of the information described in paragraph (1), the 
appropriate Secretary shall submit to the President a rec-
ommended budget along with recommendations, con-
cerning 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. 16. ANNUAL REPORT CONCERNING COMMISSION’S AC-
TIVITIES. 
(a) 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-
mittee on Natural Resources of the House of Rep-
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resentatives that describes the activities of the Com-
mission. 
(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 persons re-
ceived during the year and the names of peti-
tioners; 
(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 petitioners. 
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SEC. 17. 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. 18. 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. 19. 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. 
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(b) RESEARCH ADVICE.—The Commission may, upon 
request, provide suggestions and advice to any petitioner 
with respect to the research of the petitioner concerning 
the historical background and Indian identity of that peti-
tioner. The Commission shall not be responsible for con-
ducting research on behalf of the petitioner. 
SEC. 20. ASSISTANCE TO PETITIONERS. 
(a) GRANTS.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services may award grants to Indian groups 
seeking Federal recognition as Indian tribes to en-
able the Indian groups to— 
(A) conduct the research necessary to sub-
stantiate documented petitions under this Act; 
and 
(B) prepare documentation necessary for 
the submission of a documented petition under 
this Act. 
(2) TREATMENT
OF
GRANTS.—The grants 
made under this subsection shall be in addition to 
any other grants the Secretary of Health and 
Human Services is authorized to provide under any 
other provision of law. 
(b) COMPETITIVE AWARD.—The grants made under 
subsection (a) shall be awarded competitively on the basis 
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of objective criteria prescribed in regulations promulgated 
by the Secretary of Health and Human Services. 
SEC. 21. PROTECTION OF CERTAIN PRIVILEGED INFORMA-
TION. 
Notwithstanding any other provision of law, upon the 
effective date of this Act, when responding to any requests 
for information on petitions and related materials filed by 
a group seeking Federal recognition as an Indian tribe 
pursuant to part 83 of title 25 of the Code of Federal 
Regulations, including petitions and related materials 
transferred to the Commission from the Department 
under section 5(a)(2), as well as related materials located 
within the Department that have yet to be transferred to 
the Commission, the Department and the Commission 
shall exclude materials identified by the petitioning group 
as information related to religious practices or sacred 
sites, and which the group is forbidden to disclose except 
for the limited purpose of Department and Commission 
review. 
SEC. 22. AUTHORIZATION OF APPROPRIATIONS. 
(a) COMMISSION.—There are authorized to be appro-
priated to the Commission to carry out this Act (other 
than section 17) such sums as are necessary for each of 
fiscal years 2010 through 2018. 
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(b) SECRETARY OF HHS.—There are authorized to 
be appropriated to the Secretary of Health and Human 
Services to carry out section 17 such sums as are nec-
essary for each fiscal years 2010 through 2018. 
Æ 
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