I 
109TH CONGRESS 
1ST SESSION 
H. R. 512
To require the prompt review by the Secretary of the Interior of the long-
standing petitions for Federal recognition of certain Indian tribes, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 2, 2005
Mr. POMBO introduced the following bill; which was referred to the Committee 
on Resources 
A BILL 
To require the prompt review by the Secretary of the Interior 
of the longstanding petitions for Federal recognition of 
certain Indian tribes, 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. PROMPT CONSIDERATION OF CERTAIN PETI-
TIONS REQUESTING FEDERAL RECOGNITION 
AS AN INDIAN TRIBE. 
(a) TIME PERIOD FOR PROPOSED FINDING.—Not 
later than 6 months after the date of the enactment of 
this Act, the Secretary shall publish a proposed finding 
with respect to the petition for Federal recognition of each
eligible tribe consistent with part 83 of title 25, Code of 
Federal Regulations. 
(b) TIME PERIOD FOR FINAL DETERMINATION.—
Not later than one year after the date of the enactment 
of this Act, the Secretary shall publish a final determina-
tion with respect to the petition for Federal recognition 
of each eligible tribe. 
(c) NOTIFICATION; OPT IN.—
(1) NOTIFICATION OF TRIBES.—Not later than 
45 days after the date of the enactment of this Act, 
the Secretary shall notify, in writing, all potentially 
eligible tribes that they may opt into the expedited 
procedure for proposed findings and final determina-
tions under this Act and of the provisions of para-
graph (2). 
(2) OPT IN.—If, not later than 90 days after 
the date of the enactment of this Act, a potentially 
eligible tribe notifies the Secretary, in writing, that 
the potentially eligible tribe elects to opt into the ex-
pedited procedures under this Act, the potentially el-
igible tribe shall be considered an eligible tribe for 
the purposes of this Act. Potentially eligible tribes 
shall not be considered eligible tribes for the pur-
poses of this Act if notification is not made by the
potentially eligible tribe in accordance with this 
paragraph. 
(d) NUMBER OF MEMBERS NOT A FACTOR.—The 
number of persons listed on the membership roll contained 
in a petition for Federal recognition of an eligible tribe 
shall not be taken into account in considering the petition, 
except that the Secretary may review the eligibility of indi-
vidual members or groups listed in a petition in accord-
ance with the provisions of part 83 of title 25, Code of 
Federal Regulations. 
(e) EFFECT OF FAILURE TO COMPLY.—If the Sec-
retary fails to publish a proposed finding required by sub-
section (a) or a final determination required by subsection 
(b) by the end of the time period required for the proposed 
finding or final determination by such subsections, the rel-
evant eligible tribe may seek in the appropriate United 
States district court a determination by the court of 
whether the eligible tribe should be recognized as an In-
dian tribe in accordance with the criteria specified in sec-
tion 83.7 of title 25, Code of Federal Regulations. In any 
such action, the court shall treat such failure by the Sec-
retary as final agency action. 
(f) REVIEW OF ADVERSE DECISION.—If the final de-
termination required by subsection (b) refuses to recognize 
the eligible tribe as an Indian tribe, the eligible tribe may
seek, during the one-year period beginning on the date on 
which the final determination is published, a review of the 
determination in the appropriate United States district 
court, notwithstanding the availability of other adminis-
trative remedies. 
(g) CONSIDERATION OF OTHER PETITIONS.—Until 
the Secretary has published a proposed finding with re-
spect to the petition of each eligible tribe as required 
under subsection (a), no other petition for recognition as 
an Indian tribe may be processed except those listed as 
having a status of ‘‘Active’’ or ‘‘In Post-Final Decision 
Appeal Process’’ by the Department of the Interior on 
July 1, 2004. 
(h) NO CHANGE IN CRITERIA.—Nothing in this Act 
shall be construed to change the criteria established by 
the Department of the Interior to determine whether or 
not a petitioner meets the requirements to be a federally 
recognized tribe. 
(i) DEFINITIONS.—For the purposes of this Act, the 
following definitions apply: 
(1) ELIGIBLE
TRIBE.—The term ‘‘eligible 
tribe’’ means a tribe that—
(A) has made an initial application for rec-
ognition as an Indian tribe to the Department 
of the Interior before October 17, 1988;
(B) is listed as having a status of ‘‘Ready, 
Waiting for Active Consideration’’ by the De-
partment of the Interior on July 1, 2004; and 
(C) not later than 90 days after the date 
of the enactment of this Act, notifies the Sec-
retary, in writing, that it opts to have its peti-
tion for recognition as an Indian tribe consid-
ered under the expedited procedure for pro-
posed findings and final determinations under 
this Act. 
(2) POTENTIALLY ELIGIBLE TRIBE.—The term 
‘‘potentially eligible tribe’’ means a tribe that—
(A) has made an initial application for rec-
ognition as an Indian tribe to the Department 
of the Interior before October 17, 1988; 
(B) is listed as having a status of ‘‘Ready, 
Waiting for Active Consideration’’ by the De-
partment of the Interior on July 1, 2004; and 
(C) has not notified the Secretary, in writ-
ing, whether or not it opts to have its petition 
for recognition as an Indian tribe considered 
under the expedited procedure for proposed 
findings and final determinations under this 
Act.
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, or a designee of the 
Secretary.
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