(II) function as more than a 
symbolic identification of the group as 
Indian; and 
(III) may include language, kin-
ship, or religious organizations, or re-
ligious beliefs and practices. 
(viii) 
COLLECTIVE
INDIAN
IDEN-
TITY.—The persistence of a named, collec-
tive Indian identity continuously over a pe-
riod of more than 50 years, notwith-
standing changes in name. 
(ix) HISTORICAL
POLITICAL
INFLU-
ENCE.—A demonstration of historical po-
litical influence pursuant to the criteria set 
forth in paragraph (3). 
(x) EXTENDED
KINSHIP
TIES.—Not 
less than 50 percent of the tribal members 
exhibit collateral kinship ties through gen-
erations to the third degree. 
(C) 
CRITERIA
FOR
SUFFICIENT
EVI-
DENCE.—The Commission shall consider the 
petitioner to have provided sufficient evidence 
of community at a given point in time if the pe-
titioner has provided evidence that dem-
onstrates any one of the following: 
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(i) RESIDENCE OF MEMBERS.—More 
than 50 percent of the members of the 
group of the petitioner reside in a par-
ticular geographical area exclusively or al-
most exclusively composed of members of 
the group, and the balance of the group 
maintains consistent social interaction with 
some members of the community. 
(ii) MARRIAGES.—Not less than 1⁄3 of 
the marriages of the group are between 
members of the group. 
(iii) 
DISTINCT
CULTURAL
PAT-
TERNS.—Not less than 50 percent of the 
members of the group maintain distinct 
cultural patterns including language, kin-
ship, or religious organizations, or religious 
beliefs or practices. 
(iv) COMMUNITY
SOCIAL
INSTITU-
TIONS.—Distinct community social institu-
tions encompassing 50 percent of the mem-
bers of the group, such as kinship organi-
zations, formal or informal economic co-
operation, or religious organizations. 
(v) APPLICABILITY
OF
CRITERIA.— 
The group has met the criterion in para-
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graph (3) using evidence described in para-
graph (3)(B). 
(3) AUTONOMOUS ENTITY.— 
(A) IN GENERAL.—A statement of facts 
and an analysis of such facts establishing that 
the petitioner has maintained political influence 
or authority over its members as an autono-
mous entity from historical times until the time 
of the documented petition. The Commission 
may rely on 1 or more of the following items in 
determining whether a petitioner meets the cri-
terion described in the preceding sentence: 
(i) MOBILIZATION
OF
MEMBERS.— 
The group is capable of mobilizing signifi-
cant numbers of members and significant 
resources from its members for group pur-
poses. 
(ii) ISSUES
OF
PERSONAL
IMPOR-
TANCE.—Most of the membership of the 
group consider issues acted upon or taken 
by group leaders or governing bodies to be 
of personal importance. 
(iii) POLITICAL
PROCESS.—There is 
widespread knowledge, communication, and 
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involvement in political processes by most 
of the members of the group. 
(iv) LEVEL OF APPLICATION OF CRI-
TERIA.—The group meets the criterion de-
scribed in paragraph (2) at more than a 
minimal level. 
(v) INTRAGROUP
CONFLICTS.—There 
are intragroup conflicts which show con-
troversy over valued group goals, prop-
erties, policies, processes, or decisions. 
(vi) CONTINUOUS
LINE
OF
GROUP 
LEADERS.—A continuous line of group 
leaders with a description of the means of 
selection or acquiescence by a majority of 
the group’s members. 
(B) EVIDENCE OF EXERCISE OF POLITICAL 
INFLUENCE OR AUTHORITY.—The Commission 
shall consider that a petitioner has provided 
sufficient evidence to demonstrate the exercise 
of political influence or authority at a given 
point in time by demonstrating that group lead-
ers or other mechanisms exist or have existed 
that accomplish the following: 
(i) 
ALLOCATION
OF
GROUP
RE-
SOURCES.—Allocate group resources such 
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as land, residence rights, or similar re-
sources on a consistent basis. 
(ii) SETTLEMENT OF DISPUTES.—Set-
tle disputes between members or subgroups 
such as clans or lineages by mediation or 
other means on a regular basis. 
(iii) INFLUENCE ON BEHAVIOR OF IN-
DIVIDUAL MEMBERS.—Exert strong influ-
ence on the behavior of individual mem-
bers, such as the establishment or mainte-
nance of norms and the enforcement of 
sanctions to direct or control behavior. 
(iv) ECONOMIC SUBSISTENCE ACTIVI-
TIES.—Organize or influence economic 
subsistence activities among the members, 
including shared or cooperative labor. 
(C) TEMPORALITY
OF
SUFFICIENCY
OF 
EVIDENCE.—A group that has met the require-
ments of paragraph (2)(C) at any point in time 
shall be considered to have provided sufficient 
evidence to meet the criterion described in sub-
paragraph (A) at that point in time. 
(4) GOVERNING
DOCUMENT.—A copy of the 
then present governing document of the petitioner 
that includes the membership criteria of the peti-
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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. 
(5) LIST OF MEMBERS.— 
(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. 
(C) EVIDENCE OF TRIBAL MEMBERSHIP.— 
Evidence of tribal membership required by the 
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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. 
(iv) AFFIDAVITS OF RECOGNITION.— 
Affidavits of recognition by tribal elders, 
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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 first-
hand experience of historians, anthropolo-
gists, and genealogists with established ex-
pertise on the petitioner or Indian entities 
in general, identifying then present mem-
bers or ancestors of then present members 
as being descendants of 1 or more historic 
tribes that combined and functioned as a 
single autonomous political entity. 
(c) EXCEPTIONS.—A documented petition from an 
Indian group that is able to demonstrate by a preponder-
ance of the evidence that the group was, or is the suc-
cessor in interest to, a— 
(1) party to a treaty or treaties; 
(2) group acknowledged by any agency of the 
Federal Government as eligible to participate under 
the Act of June 18, 1934 (commonly referred to as 
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bajohnson on PROD1PC77 with BILLS
the ‘‘Indian Reorganization Act’’) (48 Stat. 984 et 
seq., chapter 576; 25 U.S.C. 461 et seq.); 
(3) group for the benefit of which the United 
States took into trust lands, or which the Federal 
Government has treated as having collective rights 
in tribal lands or funds; or 
(4) group that has been denominated a tribe by 
an Act of Congress or Executive order, 
shall be required to establish the criteria set forth in this 
section only with respect to the period beginning on the 
date of the applicable action described in paragraph (1), 
(2), (3), or (4) and ending on the date of submission of 
the documented petition. 
(d) DEADLINE FOR SUBMISSION.— 
(1) 
DOCUMENTED
PETITIONS.—No 
Indian 
group may submit a documented petition to the 
Commission after 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 
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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 after 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— 
(A) send an acknowledgement 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-
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tion that is subject to the special provi-
sions under paragraph (2). 
(2) SPECIAL
PROVISIONS
FOR
TRANSFERRED 
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-
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 
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order of consideration of the petition by the 
Commission. 
(b) OTHERS.—In addition to providing the notifica-
tion required under subsection (a), the Commission 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 
(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 other parties involved 
with the petitioners to submit factual or legal 
arguments in support of, or in opposition to, 
the documented petition. 
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