I 
108TH CONGRESS 
2D SESSION 
H. R. 4933
To require the prompt review by the Secretary of the Interior of the long-
standing petition by the Mashpee Wampanoag Tribe for Federal recogni-
tion, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2004
Mr. DELAHUNT (for himself, Mr. MARKEY, Mr. CAPUANO, Mr. FRANK of 
Massachusetts, Mr. LYNCH, Mr. MCGOVERN, Mr. MEEHAN, Mr. OLVER, 
and Mr. NEAL of Massachusetts) 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 long-standing petition by the Mashpee Wampanoag 
Tribe for Federal recognition, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Mashpee Wampanoag Tribal Petition Act’’. 
(b) FINDINGS.—Congress finds the following: 
(1) The Mashpee Wampanoag Tribe is an 
American Indian tribe as recognized by the State of
Massachusetts with a main land base consisting of 
55 tribally owned acres in the town of Mashpee, 
Massachusetts, which is located near the south-
western end of Cape Cod. 
(2) On November 9, 1620, the Mashpee 
Wampanoag Tribe greeted 102 pilgrims from Plym-
outh, England, at what became known as ‘‘Plymouth 
Rock’’. 
(3) After teaching the Pilgrims to survive and 
flourish in their new land, the Mashpee Wampanoag 
Tribe hosted the first Thanksgiving in 1621. 
(4) In 1685, King James II of England allotted 
16,500 acres to the Mashpee Wampanoag Tribe. In 
1835, an additional allotment of approximately 
10,000 acres was granted to individual Mashpee 
Wampanoags by an act of the General Court of 
Massachusetts. 
(5) In 1976, the Mashpee Wampanoag Tribe 
submitted a petition for Federal recognition to the 
Secretary of the Interior. 
(6) In 1996, the Mashpee Wampanoag Tribe 
was placed on the Bureau of Indian Affairs’ ‘‘ready, 
waiting for active consideration’’ list. 
(7) In December 2001, a United States district 
court ruled that the Bureau of Indian Affairs unduly
delayed the Mashpee Wampanoag Tribe’s Federal 
recognition petition and ordered the Bureau to reach 
an initial decision on recognition within six months. 
(8) Notwithstanding the order of the district 
court, the Mashpee Wampanoag Tribe still awaits a 
decision on Federal recognition 28 years after peti-
tioning the Secretary of the Interior and 384 years 
after welcoming the Pilgrims at Plymouth Rock. 
SEC. 
2. 
PROMPT 
CONSIDERATION 
OF 
MASHPEE 
WAMPANOAG TRIBE PETITION REQUESTING 
FEDERAL 
RECOGNITION 
AS 
AN 
INDIAN 
TRIBE. 
(a) TIME PERIOD FOR PROPOSED FINDING.—Not 
later than four months after the date of the enactment 
of this Act, the Assistant Secretary of the Interior for In-
dian Affairs shall publish a proposed finding with respect 
to the petition for Federal recognition as an Indian tribe 
by the Secretary of the Interior consistent with part 83 
of title 25, Code of Federal Regulations, submitted by the 
Mashpee Wampanoag Tribe in 1976. 
(b) TIME PERIOD FOR FINAL DETERMINATION.—
Not later than one year after the date of the enactment 
of this Act, the Assistant Secretary of the Interior for In-
dian Affairs shall publish a final determination with re-
spect to the petition for Federal recognition described in 
subsection (a). 
(c) NUMBER OF MEMBERS NOT A FACTOR.—The 
number of persons listed on the membership roll contained 
in the petition for Federal recognition described in sub-
section (a) shall not be taken into account in considering 
the petition, except that the Assistant Secretary of the In-
terior for Indian Affairs may review the eligibility of indi-
vidual members or groups listed in the petition in accord-
ance with the provisions of part 83 of title 25, Code of 
Federal Regulations. 
(d) EFFECT OF FAILURE TO COMPLY.—If the Assist-
ant Secretary of the Interior for Indian Affairs fails to 
publish the proposed finding required by subsection (a) 
or the final determination required by subsection (b) by 
the end of the time period required for the proposed find-
ing or final determination by such subsections, the Mash-
pee Wampanoag Tribe may—
(1) treat such failure as final agency action re-
fusing to recognize the Mashpee Wampanoag Tribe 
as an Indian tribe; and 
(2) seek in United States district court a deter-
mination of whether the petitioner should be recog-
nized as an Indian tribe in accordance with the cri-