I
107TH CONGRESS
1ST SESSION
H. R. 1175
To provide for administrative procedures to extend Federal recognition to
certain Indian groups, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 22, 2001
Mr. FALEOMAVAEGA (for himself and Mr. MCINTYRE) introduced the
following bill; which was referred to the Committee on 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 of 2001’’.
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
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.
(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.
(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.
(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,
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
(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 reextension 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-
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 document
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.—
(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.
(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
traveltime, 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
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.—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
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 num-
ber, 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 to be appro-
priate.
(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
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 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 on the date that is 12 years after the
date of the first meeting of the Commission.
(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
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.
(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-
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-
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
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
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.
(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
the non-Indian populations with whom
the group interacts;
(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:
(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-
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
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
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-
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
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,
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
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
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-
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
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
(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.
(b) CONSIDERATION.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, documented petitions sub-
mitted or transferred to the Commission shall be
considered on a first come, first served basis, deter-
mined by the date of the original filing of each such
documented petition with the Commission (or the
Department if the documented petition is trans-
ferred to the Commission pursuant to section
5(a)(4) or is an amended petition submitted pursu-
ant to section 6(a)(2)(B)). The Commission shall es-
tablish a priority register that includes documented
petitions that are pending before the Department as
of the date of the first meeting of the Commission.
(2) PRIORITY
CONSIDERATION.—Each docu-
mented petition (that is submitted or transferred to
the Commission pursuant to section 5(a) or that is
submitted to the Commission pursuant to section
6(a)(2)(B)) of an Indian group that meets 1 or more
of the requirements set forth in section 5(c) shall re-
ceive priority consideration over a documented peti-
tion submitted by any other Indian group.
SEC. 8. PRELIMINARY HEARING.
(a) IN GENERAL.—Not later than 60 days after the
receipt of a documented petition by the Commission sub-
mitted or transferred under section 5(a) or submitted to
the Commission pursuant to section 6(a)(2)(B), the Com-
mission shall set a date for a preliminary hearing, which
shall in no instance be held later than 180 days after re-
ceipt of the documented petition. At the preliminary hear-
ing, the petitioner and any other interested party may pro-
vide evidence concerning the status of the petitioner.
(b) DETERMINATION.—
(1) IN GENERAL.—Not later than 30 days after
the conclusion of a preliminary hearing under sub-
section 
(a), 
the 
Commission 
shall 
make 
a
determination—
(A) to extend Federal acknowledgment of
the petitioner as an Indian tribe to the peti-
tioner; or
(B) that the petitioner should proceed to
an adjudicatory hearing.
(2) NOTICE
OF
DETERMINATION.—The Com-
mission shall publish in the Federal Register a no-
tice of each determination made under paragraph
(1).
(c) INFORMATION TO BE PROVIDED PREPARATORY
TO AN ADJUDICATORY HEARING.—
(1) IN GENERAL.—If the Commission makes a
determination under subsection (b)(1)(B) that the
petitioner should proceed to an adjudicatory hearing,
the Commission shall—
(A)(i) not later than 30 days after the date
of such determination, make available appro-
priate evidentiary records of the Commission to
the petitioner to assist the petitioner in pre-
paring for the adjudicatory hearing; and
(ii) include such guidance as the 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)(1)(B).
(2) SUBJECT
OF
ADJUDICATORY
HEARING.—
The list of deficiencies and omissions provided by
the Commission to a petitioner under paragraph
(1)(B) shall be the subject of the adjudicatory hear-
ing. The Commission may not make any additions to
the list after the Commission issues the list.
SEC. 9. ADJUDICATORY HEARING.
(a) IN GENERAL.—Not later than 180 days after the
conclusion of a preliminary hearing under section 8(a), the
Commission shall afford a petitioner who is subject to sec-
tion 8(b)(1)(B) an adjudicatory hearing. The subject of
the adjudicatory hearing shall be the list of deficiencies
and omissions provided under section 8(c)(1)(B) and shall
be conducted pursuant to sections 554, 556, and 557 of
title 5, United States Code.
(b) TESTIMONY FROM STAFF OF COMMISSION.—In
any hearing held under subsection (a), the Commission
shall require testimony from the acknowledgement and re-
search staff of the Commission or other witnesses involved
in the preliminary determination. Any such testimony
shall be subject to cross-examination by the petitioner.
(c) EVIDENCE BY PETITIONER.—In any hearing held
under subsection (a), the petitioner may provide such evi-
dence as the petitioner considers appropriate.
(d) DETERMINATION
BY COMMISSION.—Not later
than 60 days after the conclusion of any hearing held
under subsection (a), the Commission shall—
(1) make a determination concerning the exten-
sion or denial of Federal acknowledgment of the pe-
titioner as an Indian tribe to the petitioner;
(2) publish the determination of the Commis-
sion under paragraph (1) in the Federal Register;
and
(3) deliver a copy of the determination to the
petitioner, and to every other interested party.
SEC. 10. APPEALS.
(a) IN GENERAL.—Not later than 60 days after the
date that the Commission publishes a determination under
section 9(d), the petitioner may appeal the determination
to the United States District Court for the District of Co-
lumbia.
(b) ATTORNEY FEES.—If the petitioner prevails in
an appeal made under subsection (a), the petitioner shall
be eligible for an award of reasonable attorney fees and
costs under section 504 of title 5, United States Code,
or section 2412 of title 28, United States Code, whichever
is applicable.
SEC. 11. EFFECT OF DETERMINATIONS.
A determination by the Commission under section
9(d) that an Indian group is recognized by the Federal
Government as an Indian tribe shall not have the effect
of depriving or diminishing—
(1) the right of any other Indian tribe to govern
the reservation of such other tribe as that reserva-
tion existed before the recognition of that Indian
group, or as that reservation may exist thereafter;
(2) any property right held in trust or recog-
nized by the United States for that other Indian
tribe as that property existed before the recognition
of that Indian group; or
(3) any previously or independently existing
claim by a petitioner to any such property right held
in trust by the United States for that other Indian
tribe before the recognition by the Federal Govern-
ment of that Indian group as an Indian tribe.
SEC. 12. IMPLEMENTATION OF DECISIONS.
(a) ELIGIBILITY FOR SERVICES AND BENEFITS.—
(1) IN GENERAL.—Subject to paragraph (2),
upon recognition by the Commission of a petitioner
as an Indian tribe under this Act, the Indian tribe
shall—
(A) be eligible for the services and benefits
from the Federal Government that are available
to other federally recognized Indian tribes by
virtue of their status as Indian tribes with a
government-to-government relationship with the
United States; and
(B) have the responsibilities, obligations,
privileges, and immunities of those Indian
tribes.
(2) PROGRAMS OF THE BUREAU.—
(A) IN GENERAL.—The recognition of an
Indian group as an Indian tribe by the Commis-
sion under this Act shall not create an imme-
diate entitlement to programs of the Bureau in
existence on the date of the recognition.
(B) AVAILABILITY OF PROGRAMS.—
(2) SUBMISSION OF BUDGET REQUEST.—Upon
receipt of the information described in paragraph
(1), the appropriate Secretary shall submit to the
President a recommended budget along with rec-
ommendations, concerning the information received
under paragraph (1), for inclusion in the annual
budget submitted by the President to the Congress
pursuant to section 1108 of title 31, United States
Code.
SEC. 13. ANNUAL REPORT CONCERNING COMMISSION’S AC-
TIVITIES.
(a) LIST OF RECOGNIZED TRIBES.—Not later than
90 days after the first meeting of the Commission, and
annually on or before each January 30 thereafter, the
Commission shall publish in the Federal Register a list
of all Indian tribes that—
(1) are recognized by the Federal Government;
and
(2) receive services from the Bureau.
(b) ANNUAL REPORT.—
(1) IN GENERAL.—Beginning on the date that
is 1 year after the date of the first meeting of the
Commission, and annually thereafter, the Commis-
sion shall prepare and submit a report to the Com-
mittee on Indian Affairs of the Senate and the Com-
mittee on Resources of the House of Representatives
that describes the activities of the Commission.
(2) CONTENT OF REPORTS.—Each report sub-
mitted under this subsection shall include, at a min-
imum, for the year that is the subject of the
report—
(A) the number of documented petitions
pending at the beginning of the year and the
names of the petitioners;
(B) the number of documented petitions
received during the year and the names of the
petitioners;
(C) the number of documented petitions
the Commission approved for acknowledgment
during the year and the names of the acknowl-
edged petitioners;
(D) the number of documented petitions
the Commission denied for acknowledgment
during the year and the names of the peti-
tioners; and
(E) the status of all pending documented
petitions on the date of the report and the
names of the petitioners.
SEC. 14. ACTIONS BY PETITIONERS FOR ENFORCEMENT.
Any petitioner may bring an action in the district
court of the United States for the district in which the
petitioner resides, or the United States District Court for
the District of Columbia, to enforce the provisions of this
Act, including any time limitations within which actions
are required to be taken, or decisions made, under this
Act. The district court shall issue such orders (including
writs of mandamus) as may be necessary to enforce the
provisions of this Act.
SEC. 15. REGULATIONS.
The Commission may, in accordance with applicable
requirements of title 5, United States Code, promulgate
and publish such regulations as may be necessary to carry
out this Act.
SEC. 16. GUIDELINES AND ADVICE.
(a) GUIDELINES.—Not later than 90 days after the
date of the first meeting of the Commission, the Commis-
sion shall make available to Indian groups suggested
guidelines for the format of documented petitions, includ-
ing general suggestions and guidelines concerning where
and how to research information that is required to be
included in a documented petition. The examples included
in the guidelines shall not preclude the use of any other
appropriate format.
(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. 17. 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
of objective criteria prescribed in regulations promulgated
by the Secretary of Health and Human Services.
SEC. 18. 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)(4), 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. 19. 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 2002 through 2014.
(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 of fiscal years 2002 through 2014.
Æ