I 
110TH CONGRESS 
1ST SESSION H. R. 2837 
To provide for administrative procedures to extend Federal recognition to 
certain Indian groups, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2007 
Mr. FALEOMAVAEGA 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 Tribal Federal 
Recognition Administrative Procedures Act’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are as follows: 
(1) To remove the Federal acknowledgment 
process from the Bureau of Indian Affairs and 
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transfer the responsibility for the process to an inde-
pendent Commission on Indian Recognition. 
(2) To establish a Commission on Indian Rec-
ognition to review and act upon documented peti-
tions submitted by Indian groups that apply for 
Federal recognition. 
(3) To establish an administrative procedure 
under which petitions for Federal recognition filed 
by Indian groups will be considered. 
(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 a consistent 
legal, factual, and historical basis. 
(7) To extend to Indian groups that are deter-
mined to be Indian tribes the protection, services, 
and benefits available from the Federal Government 
pursuant to the Federal trust responsibility with re-
spect to Indian tribes. 
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(8) To extend to Indian groups that are deter-
mined to be Indian tribes the immunities and privi-
leges available to other federally acknowledged In-
dian tribes by virtue of their status as Indian tribes 
with a government-to-government relationship with 
the United States. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ACKNOWLEDGMENT.—The term ‘‘acknowl-
edgment’’ means a determination by the Commission 
on Indian Recognition that an Indian group con-
stitutes an Indian tribe with a government-to-gov-
ernment 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. 
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(4) COMMISSION.—The term ‘‘Commission’’ 
means the Commission on Indian Recognition estab-
lished under section 4. 
(5) COMMUNITY.— 
(A) IN GENERAL.—The term ‘‘community’’ 
means any group of people, living within a rea-
sonable territory, that is able to demonstrate 
that 
(i) consistent interactions and signifi-
cant social relationships exist within the 
membership; and 
(ii) the members of that group are 
differentiated from and identified as dis-
tinct from nonmembers. 
(B) CONTEXT OF TERM.—The term shall 
be understood in the context of the history, cul-
ture, and social organization of the group, tak-
ing into account the geography 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 throughout the history of the group to 
the present substantially without interruption. 
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(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 section 5. 
(9) HISTORICALLY, HISTORICAL, HISTORY.— 
The terms ‘‘historically’’, ‘‘historical’’, and ‘‘history’’ 
refer to the period 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. 
(11) INTERESTED PARTIES.—The term ‘‘inter-
ested parties’’ means any person, organization, or 
other entity who can establish a legal, factual, or 
property interest in an acknowledgement 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 government and attorney general of the 
State in which a petitioner is located, and may in-
clude, but is not limited to, local governmental units, 
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and any recognized Indian tribes and unrecognized 
Indian groups that might be affected by an acknowl-
edgement 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; 
(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. 
(14) POLITICAL INFLUENCE OR AUTHORITY.— 
(A) IN GENERAL.—The term ‘‘political in-
fluence or authority’’ means a tribal council, 
leadership, internal process, or other mecha-
nism that a group has used as a means of— 
(i) influencing or controlling the be-
havior of its members in a significant man-
ner; 
(ii) making decisions for the group 
which substantially affect its members; or 
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(iii) representing the group in dealing 
with nonmembers in matters of con-
sequence to the group. 
(B) CONTEXT OF TERM.—The term shall 
be understood in the context of the history, cul-
ture, and social organization of the group. 
(15) RESTORATION.—The term ‘‘restoration’’ 
means the re-extension of acknowledgment to any 
previously acknowledged tribe with respect to which 
the acknowledged status may have been abrogated or 
diminished by reason of administrative action by the 
Executive Branch or legislation enacted by Congress 
expressly terminating that status. 
(16) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(17) 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) made by any government with, or on 
behalf of, any Indian group or tribe, from which 
the Federal Government or the colonial govern-
ment which was the predecessor to the United 
States Government subsequently acquired terri-
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tory by purchase, conquest, annexation, or ces-
sion; or 
(C) negotiated by the United States with, 
or on behalf of, any Indian group in California, 
whether or not the treaty was subsequently 
ratified. 
(18) TRIBAL
ROLL.—The term ‘‘tribal roll’’ 
means a list exclusively of those individuals who— 
(A)(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 
(B) have affirmatively demonstrated con-
sent to being listed as members of the tribe. 
SEC. 4. COMMISSION ON INDIAN RECOGNITION. 
(a) ESTABLISHMENT.—There is established the Com-
mission on Indian Recognition. The Commission shall be 
an independent establishment, as defined in section 104 
of title 5, United States Code. 
(b) MEMBERSHIP.— 
(1) IN GENERAL.— 
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(A) MEMBERS.—The Commission shall 
consist of 3 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, 
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. 
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(2) POLITICAL AFFILIATION.—Not more than 2 
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 
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. 
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(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 
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 
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date on which all members of the Commission have 
been appointed and confirmed by the Senate. 
(2) QUORUM.—Two members of the Commis-
sion shall constitute a quorum for the transaction of 
business. 
(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. 
(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 
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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 
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. 
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(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 
(v) take other actions. 
(C) OATHS
AND
AFFIRMATIONS.—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 
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the Commission, upon the request of the Chair-
person. 
(B) FACILITIES, 
SERVICES, 
AND
DE-
TAILS.—Upon the request of the Chairperson, 
to assist the Commission in carrying out the 
duties of the Commission under this section, 
the head of any Federal department, agency, or 
instrumentality may— 
(i) make any of the facilities and serv-
ices of that department, agency, or instru-
mentality available to the Commission; and 
(ii) detail any of the personnel of that 
department, agency, or instrumentality to 
the Commission, on a non-reimbursable 
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 on the date that is 12 years after the 
date of the first meeting of the Commission. 
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(h) APPOINTMENTS.—Notwithstanding any other 
provision of this Act, the Secretary shall continue to exer-
cise those authorities vested in the Secretary relating to 
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 regu-
lations. The Secretary shall provide staff and support as-
sistance to facilitate an orderly transition to regulation of 
Indian recognition by the Commission. 
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) HEARING.— 
(A) IN
GENERAL.—Indian groups that 
have been denied or refused recognition as an 
Indian tribe under regulations prescribed by the 
Secretary shall be entitled to an adjudicatory 
hearing under section 9 before the Commission, 
if the Commission determines that the criteria 
established by this Act changes the merits of 
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the Indian group’s documented petition sub-
mitted to the Department. 
(B) HEARING RECORD.—For purposes of 
subparagraph (A), the Commission shall review 
the administrative record containing the docu-
mented petition that formed the basis of the de-
termination to the Indian group by the Sec-
retary. 
(C) TREATMENT OF SECRETARY’S FINAL 
DETERMINATION.—For purposes of the adju-
dicatory hearing, the Secretary’s final deter-
mination shall be considered a preliminary de-
termination under section 8(b)(1)(B). 
(D) OFFICIAL GOVERNMENT ACTIONS TO 
BE
CONSIDERED
CONCERNING
EVIDENCE
OF 
CRITERIA.—A statement and an analysis of 
facts submitted under this section may establish 
that, for any given period of time for which evi-
dence of criteria is lacking, such absence of evi-
dence 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 time, the 
absence of evidence shall not be the basis for 
declining to acknowledge the petitioner. 
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(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) CERTAIN ENTITIES THAT ARE ELIGI-
BLE
TO
RECEIVE
SERVICES
FROM
THE
BU-
REAU.—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) CERTAIN
SPLINTER
GROUPS, POLIT-
ICAL FACTIONS, AND COMMUNITIES.—Splinter 
groups, political factions, communities, or 
groups of any character that separate from the 
main body of an Indian tribe that, at the time 
of that separation, is recognized as an Indian 
tribe by the Secretary, unless the group, fac-
tion, or community is able to establish clearly 
that the group, faction, or community has func-
tioned throughout history until the date of the 
documented petition as an autonomous Indian 
tribal entity. 
(C) CERTAIN
GROUPS
THAT
HAVE
PRE-
VIOUSLY
SUBMITTED
DOCUMENTED
PETI-
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TIONS.—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 Indian tribe under regulations 
prescribed by the Secretary (other than an In-
dian group described in paragraph (2)(A)). 
Nothing in this subparagraph shall be con-
strued as excluding any group that Congress 
has identified as Indian, 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. 
(4) TRANSFER OF DOCUMENTED PETITION.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, not later than 30 days 
after the date on which all of the members of 
the Commission have been appointed and con-
firmed by the Senate under section 4(b), the 
Secretary shall transfer to the Commission all 
documented petitions and letters of intent pend-
ing before the Department that request the Sec-
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retary 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-
dian tribe. 
(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. 
(b) DOCUMENTED PETITION FORM AND CONTENT.— 
Except as provided in subsection (c), any documented peti-
tion submitted under subsection (a) by an Indian group 
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 
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Indian tribe and that contains detailed, specific evidence 
concerning each of the following items: 
(1) STATEMENT
OF
FACTS.—A statement of 
facts and an analysis of such facts establishing that 
the petitioner has been identified as an American In-
dian entity on a substantially continuous basis since 
1900. Evidence that the character of the group as 
an Indian entity has from time to time been denied 
shall not be considered to be conclusive evidence that 
this criterion has not been met. Evidence that the 
Commission may rely on in determining the Indian 
identity of a group may include any 1 or more of the 
following items: 
(A) IDENTIFICATION OF PETITIONER.—An 
identification of the petitioner as an Indian en-
tity by any department, agency, or instrumen-
tality of the Federal Government. 
(B) RELATIONSHIP OF PETITIONER WITH 
STATE GOVERNMENT.—A relationship between 
the petitioner and any State government, based 
on an identification of the petitioner as an In-
dian entity. 
(C) RELATIONSHIP OF PETITIONER WITH 
A POLITICAL SUBDIVISION OF A STATE.—Deal-
ings of the petitioner with a county or political 
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subdivision of a State in a relationship based on 
the Indian identity of the petitioner. 
(D) IDENTIFICATION OF PETITIONER ON 
THE BASIS OF CERTAIN RECORDS.—An identi-
fication of the petitioner as an Indian entity by 
records in a private or public archive, court-
house, church, or school. 
(E) IDENTIFICATION
OF
PETITIONER
BY 
CERTAIN
EXPERTS.—An identification of the 
petitioner as an Indian entity by an anthropolo-
gist, historian, or other scholar. 
(F) IDENTIFICATION
OF
PETITIONER
BY 
CERTAIN MEDIA.—An identification of the peti-
tioner as an Indian entity in a newspaper, book, 
or similar medium. 
(G) IDENTIFICATION
OF
PETITIONER
BY 
ANOTHER INDIAN TRIBE OR ORGANIZATION.— 
An identification of the petitioner as an Indian 
entity by another Indian tribe or by a national, 
regional, or State Indian organization. 
(H) IDENTIFICATION OF PETITIONER BY A 
FOREIGN GOVERNMENT OR INTERNATIONAL OR-
GANIZATION.—An identification of the peti-
tioner as an Indian entity by a foreign govern-
ment or an international organization. 
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(I) OTHER
EVIDENCE
OF
IDENTIFICA-
TION.—Such other evidence of identification as 
may be provided by a person or entity other 
than the petitioner or a member of the member-
ship of the petitioner. 
(2) EVIDENCE OF COMMUNITY.— 
(A) IN GENERAL.—A statement of facts 
and an analysis of such facts establishing that 
a predominant portion of the membership of the 
petitioner— 
(i) comprises a community distinct 
from those communities surrounding that 
community; and 
(ii) has existed as a community from 
historical times to the present. 
(B) EVIDENCE.—Evidence that the Com-
mission may rely on in determining that the pe-
titioner meets the criteria described in clauses 
(i) and (ii) of subparagraph (A) may include 1 
or more of the following items: 
(i) MARRIAGES.—Significant rates of 
marriage within the group, or, as may be 
culturally required, patterned out-mar-
riages with other Indian populations. 
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(ii) SOCIAL RELATIONSHIPS.—Signifi-
cant social relationships connecting indi-
vidual members. 
(iii) SOCIAL
INTERACTION.—Signifi-
cant rates of informal social interaction 
which exist broadly among the members of 
a group. 
(iv) SHARED ECONOMIC ACTIVITY.—A 
significant degree of shared or cooperative 
labor or other economic activity among the 
membership. 
(v) DISCRIMINATION
OR
OTHER
SO-
CIAL
DISTINCTIONS.—Evidence of strong 
patterns of discrimination or other social 
distinctions by nonmembers. 
(vi) SHARED
RITUAL
ACTIVITY.— 
Shared sacred or secular ritual activity en-
compassing most of the group. 
(vii) CULTURAL PATTERNS.—Cultural 
patterns that— 
(I) are shared among a signifi-
cant portion of the group that are dif-
ferent from the cultural patterns of 
the non-Indian populations with whom 
the group interacts; 
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