IB 
Union Calendar No. 482
108TH CONGRESS 
2D SESSION 
H. R. 5134
[Report No. 108–788] 
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 
SEPTEMBER 23, 2004
Mr. POMBO introduced the following bill; which was referred to the Committee 
on Resources 
NOVEMBER 19, 2004
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on September 23, 2004] 
A BILL 
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
shall treat such failure by the Secretary as final agency ac-
tion. 
(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 administra-
tive remedies. 
(g) CONSIDERATION OF OTHER PETITIONS.—Until the 
Secretary has published a proposed finding with respect to 
the petition of each eligible tribe as required under sub-
section (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 recog-
nized tribe. 
(i) DEFINITIONS.—For the purposes of this Act, the fol-
lowing 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 Secretary, 
in writing, that 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. 
(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 find-
ings and final determinations under this Act. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, or a designee of the Sec-
retary.
Union Calendar No. 482
108TH CONGRESS 
2D SESSION 
H. R. 5134
[Report No. 108–788] 
A BILL 
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. 
NOVEMBER 19, 2004
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed