IB
Union Calendar No. 429
103D CONGRESS
2D SESSION
H. R. 4462
[Report No. 103–782]
To provide for administrative procedures to extend Federal recognition to
certain Indian groups, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 1994
Mr. RICHARDSON (for himself and Mr. THOMAS of Wyoming) introduced the
following bill; which was referred to the Committee on Natural Resources
OCTOBER 3, 1994
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Omit the part struck through and insert the part printed in italic]
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 Federal Rec-
ognition Administrative Procedures Act of 1994’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to establish an administrative procedure to
extend Federal recognition to certain Indian groups;
(2) to extend to Indian groups which are deter-
mined to be Indian tribes the protection, services,
and benefits available from the Federal Government
pursuant to the Federal trust responsibility;
(3) to provide clear and consistent standards of
administrative review of recognition petitions for In-
dian groups; and
(4) to expedite the administrative review proc-
ess by providing definitive timelines for review and
adequate resources to process recognition petitions.
(3) to extend to Indian groups which are deter-
mined to be Indian tribes the immunities and privi-
leges available to other federally-acknowledged Indian
tribes by virtue of their status as Indian tribes with
a government-to-government relationship with the
United States;
(4) to ensure that when the Federal government
extends acknowledgment to an Indian tribe, it does so
with a consistent legal, factual and historical basis;
(5) to establish a commission which will act in
a supporting role to petitioning groups applying for
recognition;
(6) to provide clear and consistent standards of
administrative review of documented petitions for
Federal acknowledgment;
(7) to clarify evidentiary standards and expedite
the administrative review process by providing ade-
quate resources to process petitions; and
(8) to remove the Federal acknowledgment proc-
ess from the Bureau of Indian Affairs and invest it
in an independent Commission on Indian Recogni-
tion.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘aboriginal group’’ means any In-
dian entity whose members inhabited or whose range
extended into any part of the area now constituting
the United States of America, Canada, or the Unit-
ed States of Mexico prior to the first sustained con-
tact of such members with Euro-Americans.
(2) The term ‘‘autonomous’’, in the context of
decisionmaking, means having its own tribal council,
internal process, or other organizational mechanism
which the Indian group has used as its own means
of making decisions independent of the control of
any other Indian tribe, and in using such term for
purposes of this Act, such term must be understood
in the context of the culture and social organization
of that Indian group.
(3) The term ‘‘Bureau’’ means the Bureau of
Indian Affairs of the Department of the Interior.
(4) The term ‘‘Commission’’ means the Com-
mission on Indian Recognition established under sec-
tion 4.
(5) The term ‘‘community’’ means any people
living within such a reasonable proximity as to allow
group interaction and maintenance of tribal rela-
tions.
(6) The term ‘‘continuous’’ means, with respect
to any Indian group, extending from generation to
generation throughout the Indian group’s history es-
sentially without interruption.
(7) The term ‘‘Department’’ means the Depart-
ment of the Interior.
(8) The term ‘‘historical’’ means dating back to
the earliest documented contact between—
(A) the aboriginal group from which the
petitioners descended; and
(B) citizens or officials of the United
States, colonial or territorial governments, or
citizens and officials of foreign governments.
(9) The term ‘‘Indian group’’ means any Indian
entity that—
(A) is located within any of the States of
the United States; and
(B) is not recognized by the Secretary to
be an Indian tribe.
(10) The term ‘‘Indian tribe’’ means any Indian
entity that—
(A) is located within any of the States of
the United States; and
(B) is recognized by the Secretary to be an
Indian tribe.
(11) The term ‘‘Indian’’ means any individual
who is a descendant of an aboriginal group.
(12) The term ‘‘member of an Indian group’’
means an individual who—
(A) is recognized by an Indian group as
meeting its membership criteria;
(B) consents to being listed as a member
of that group; and
(C) is not a member of any Indian tribe.
(13) The term ‘‘member of an Indian tribe’’
means an individual who—
(A) meets the membership requirements of
the Indian tribe, as set forth in its governing
document or recognized collectively by those
persons comprising the governing body of the
Indian tribe; and
(B) has continuously maintained tribal re-
lations with the tribe or is listed on the tribal
rolls of that Indian tribe as a member if such
rolls are maintained.
(14) The term ‘‘petition’’ means a petition sub-
mitted to the Commission under section 5 or trans-
ferred to the Commission under section 5 of this
Act.
(15) The term ‘‘petitioner’’ means any entity
which has submitted, or submits, a petition to the
Secretary requesting recognition that the entity is an
Indian tribe.
(16) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(17) The term ‘‘treaty’’ means any treaty—
(A) negotiated and ratified by the United
States with, or on behalf of, any Indian group;
(B) made by any sovereign with, or on be-
half of, any Indian group from which the
United States acquired territory by purchase,
conquest, or cession; 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.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘aboriginal group’’ means any In-
dian group or tribe that is presently located in Can-
ada or the United States of Mexico and consists of in-
dividuals who are descendants of the people who in-
habited the area now constituting those two countries
prior to their first sustained contact with Euro-Amer-
icans.
(2) The term ‘‘acknowledgment’’ or ‘‘acknowl-
edged’’ means a determination by the Commission on
Indian Recognition that an Indian group constitutes
an Indian tribe with a government-to-government re-
lationship with the United States, and whose mem-
bers are recognized as eligible for the special programs
and services provided by the United States to Indians
because of their status as Indians.
(3) The term ‘‘autonomous’’ means the exercise of
political influence or authority independent of the
control of any other Indian governing entity. Autono-
mous must be understood in the context of the history,
geography, culture and social organization of the peti-
tioner.
(4) The term ‘‘Bureau’’ means the Bureau of In-
dian Affairs.
(5) The term ‘‘Commission’’ means the Commis-
sion on Indian Recognition established pursuant to
section 4.
(6) The term ‘‘community’’ means any group of
people, living within a reasonable territorial propin-
quity, which can demonstrate that consistent inter-
actions and significant social relationships exist with-
in its membership and that its members are differen-
tiated 
from 
and 
identified 
as 
distinct 
from
nonmembers. ‘‘Community’’ must be understood in
the context of the history, culture and social organiza-
tion of the group, taking into account the geography
of the region in which they reside.
(7) The term ‘‘continuously’’ or ‘‘continuous’’
means extending from the first sustained contact with
Euro-Americans throughout the group’s history to the
present substantially without interruption.
(8) The term ‘‘Department’’ means the Depart-
ment of the Interior.
(9) The term ‘‘documented petition’’ means the
detailed, factual exposition and arguments, including
all documentary evidence, necessary to demonstrate
that these arguments specifically address the manda-
tory criteria established in section 5.
(10) The term ‘‘historically’’, ‘‘historical’’ or
‘‘history’’ means dating from the first sustained con-
tact with Euro-Americans.
(11) The term ‘‘Indian group’’ or ‘‘group’’ means
any Indian, Alaska Native, or Native Hawaiian
tribe, band, pueblo, village or community within the
United States that the Secretary of the Interior does
not acknowledge to be an Indian tribe.
(12) The term ‘‘Indian tribe’’ or ‘‘tribe’’ means
any Indian, Alaska Native, or Native Hawaiian
tribe, band, pueblo, village or community within the
United States that the Secretary of the Interior pres-
ently acknowledges to be an Indian tribe.
(13) The term ‘‘indigenous’’ means native to the
United States in that at least part of the petitioner’s
traditional territory at the time of first sustained
contact with Euro-Americans extended into what is
now the United States.
(14) The term ‘‘letter of intent’’ means an un-
documented letter or resolution which is dated and
signed by the governing body of an Indian group and
submitted to the Commission and indicates the
group’s intent to submit a petition for Federal ac-
knowledgment as an Indian tribe.
(15) The term ‘‘member of an Indian group’’
means an individual who is recognized by an Indian
group as meeting its membership criteria and who
consents in writing to being listed as a member of
that group.
(16) The term ‘‘member of an Indian tribe’’
means an individual who meets the membership re-
quirements of the tribe as set forth in its governing
document or, in the absence of a governing document
which sets out these requirements, has been recognized
as a member collectively by those persons comprising
the tribal governing body; and has consistently main-
tained tribal relations with the tribe or is listed on
the tribal membership rolls as a member, if such rolls
are kept.
(17) The term ‘‘petition’’ means a petition for
acknowledgment submitted or transferred to the Com-
mission pursuant to section 5 of this Act.
(18) The term ‘‘petitioner’’ means any group
which has submitted a letter of intent to the Commis-
sion requesting acknowledgment that it is an Indian
tribe.
(19) The term ‘‘political influence or authority’’
means a tribal council, leadership, internal process or
other mechanism which the group has used as a
means of influencing or controlling the behavior of its
members in significant respects, or making decisions
for the group which substantially affect its members,
or representing the group in dealing with non-mem-
bers in matters of consequence to the group. ‘‘Political
influence or authority’’ is to be understood in the con-
text of the history, culture and social organization of
the group.
(20) The term ‘‘previous Federal acknowledg-
ment’’ means any action by the Federal government
the character of which is clearly premised on identi-
fication of a tribal political entity and clearly indi-
cates the recognition of a government-to-government
relationship between that entity and the Federal gov-
ernment.
(21) 
The 
term 
‘‘restoration’’ 
means 
the
reextension of acknowledgment to any previously ac-
knowledged tribe which may have had its acknowl-
edged status abrogated or diminished by reason of
congressional legislation expressly terminating that
status.
(22) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(23) The term ‘‘sustained contact’’ means the pe-
riod of earliest sustained Euro-American settlement
or governmental presence in the local area in which
the tribe or tribes from which the petitioner claims
descent was located historically.
(24) 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
government the United States subsequently ac-
quired territory by purchase, conquest, annex-
ation, or cession; or
(C) negotiated by the United States with, or
on behalf of, any Indian group in California,
whether or not the treaty was subsequently rati-
fied.
(25) The term ‘‘tribal relations’’ means partici-
pation by an individual in a political and social re-
lationship with an Indian tribe.
(26) The term ‘‘tribal roll’’ means a list exclu-
sively of those individuals who have been determined
by the tribe to meet the tribe’s membership require-
ments as set forth in its governing document or, in
the absence of a governing document setting forth
those requirements, have been recognized as members
by the tribe’s governing body. In either case, those in-
dividuals on a tribal roll must have affirmatively
demonstrated consent to being listed as members.
(27) The term ‘‘United States’’ means the 48
contiguous states, Alaska and Hawaii; and does not
include territories or possessions.
SEC. 4. COMMISSION ON INDIAN RECOGNITION.
(a) ESTABLISHMENT.—There is established, as an
independent commission, the Commission on Indian Rec-
ognition.
(b) MEMBERSHIP.—(1)(A) The Commission shall
consist of three members appointed by the President, by
and with the advice and consent of the Senate.
(B) In making appointments to the Commission, the
President shall give careful consideration to—
(i) recommendations received from Indian
tribes; and
(ii) individuals who have a background in In-
dian law or policy, anthropology, genealogy, or his-
tory.; and
(iii) individuals who, at the time of nomination,
are employed by the United States Government and
would be eligible to participate through the Intergov-
ernmental Personnel Exchange Act.
(2) No more than two members of the Commission
may be members of the same political party.
(3) Each member of the Commission shall be ap-
pointed for a term of four years.
(3)(A) Each member of the Commission shall be ap-
pointed for a term of four years, except as provided in sub-
paragraph (B).
(B) As designated by the President at the time of ap-
pointment, of the members first appointed—
(i) one shall be appointed for a term of two
years;
(ii) one shall be appointed for a term of three
years; and
(iii) one shall be appointed for a term of four
years.
(4) Any vacancy in the Commission shall not affect
its powers, 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 expiration
of the term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of that
term. A member may serve after the expiration of that
member’s term until a successor has taken office.
(5)(A) Each member of the Commission not other-
wise employed by the United States Government shall re-
ceive 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,
such member is engaged in the actual performance of du-
ties authorized by the Commission.
(B) Except as provided in subparagraph (C), a mem-
ber of the Commission who is otherwise an officer or em-
ployee of the United States Government shall serve on the
Commission without additional compensation, but such
service shall be without interruption or loss of civil service
status or privilege.
(C) All members of the Commission shall be reim-
bursed for travel and per diem in lieu of subsistence ex-
penses during the performance of duties of the Commis-
sion while away from home or their regular place of busi-
ness, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(6) At the time appointments are made under para-
graph (1), the President shall designate one of such ap-
pointees as Chairman of the Commission.
(c) MEETINGS AND PROCEDURES.—(1) The Commis-
sion shall hold its first meeting no later than 30 days after
the date on which all members of the Commission have
been appointed and confirmed by the Senate.
(2) Two members of the Commission shall constitute
a quorum for the transaction of business.
(3) The Commission may adopt such rules (consistent
with the provisions of this Act) as may be necessary to
establish its procedures and to govern the manner of its
operations, organization, and personnel.
(4) 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) Subject to such
rules and regulations as may be adopted by the Commis-
sion, the Chairman of the Commission is authorized to—
(A) appoint, terminate, and fix the compensa-
tion (without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53
of such title, or of any other provision of law, relat-
ing to the number, classification, and General
Schedule rates) of an Executive Director of the
Commission and of such other personnel as the
Chairman deems advisable to assist in the perform-
ance 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, temporary and inter-
mittent services to the same extent 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 Execu-
tive Schedule under section 5316 of such title.
(2) The Commission is authorized to—
(A) hold such hearings and sit and act at such
times;
(B) take such testimony;
(C) have such printing and binding done;
(D) enter into such contracts and other ar-
rangements, subject to the availability of funds;
(E) make such expenditures; and
(F) take such other actions,
as the Commission may deem advisable. Any member of
the Commission may administer oaths or affirmations to
witnesses appearing before the Commission.
(3)(A) The Commission is authorized to secure di-
rectly from any officer, department, agency, establish-
ment, or instrumentality of the Federal Government such
information as the Commission may require for the pur-
pose of this Act, and each such officer, department, agen-
cy, establishment, or instrumentality is authorized and di-
rected to furnish, to the extent permitted by law, such in-
formation, suggestions, estimates, and statistics directly to
the Commission, upon request made by the Chairman of
the Commission.
(B) Upon the request of the Chairman of the Com-
mission, the head of any Federal department, agency, or
instrumentality is authorized to make any of the facilities
and services of such department, agency, or instrumental-
ity available to the Commission and detail any of the per-
sonnel of such department, agency, or instrumentality to
the Commission, on a nonreimbursable basis, to assist the
Commission in carrying out its duties under this section.
(C) 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 shall not
apply to the Commission.
SEC. 5. PETITIONS FOR RECOGNITION.
(a) IN GENERAL.—(1) Any Indian group may submit
to the Commission a petition requesting that the Commis-
sion recognize that the Indian group is an Indian tribe.
(2) The provisions of this Act do not apply to the
following groups or entities, which shall not be eligible for
recognition under this Act—
(A) Indian tribes, organized bands, pueblos,
communities, and Alaska Native entities which are
recognized by the Secretary as of the date of enact-
ment of this Act as eligible to receive services from
the Bureau;
(B) splinter groups, political factions, commu-
nities, or groups of any character which separate
from the main body of an Indian tribe that, at the
time of such separation, is recognized as being an
Indian tribe by the Secretary, unless it can be clear-
ly established that the group, faction, or community
has functioned throughout history until the date of
such petition as an autonomous Indian tribal entity;
(C) groups, or successors in interest of groups,
that prior to the date of enactment of this Act, have
petitioned for and been denied or refused recognition
as an Indian tribe under regulations prescribed by
the Secretary; and
(D) any Indian group whose relationship with
the Federal Government was expressly terminated
by an Act of Congress.; and
(E) any Indian group that, in any action in a
United States court to which the group was a party,
has previously attempted to establish its status as an
Indian tribe or a successor-in-interest to an Indian
tribe that was a party to a treaty with the United
States, and—
(i) was determined by such court not to be
an Indian tribe; or
(ii) was determined by such court not to be
a successor-in-interest to an Indian tribe that
was a party to a treaty with the United States;
or
(iii) was the subject of findings of fact by
such court which, if made by the Commission,
would show that the group was incapable of es-
tablishing one or more of the criteria set forth in
this section.
(3)(A) No later than 30 days after the date on which
all of the members of the Commission have been appointed
and confirmed by the Senate, the Secretary shall transfer
to the Commission all petitions pending before the Depart-
ment and not then under active consideration that request
the Secretary, or the Federal Government, to recognize
or acknowledge an Indian group as an Indian tribe. On
the date of such transfer, the Secretary and the Depart-
ment shall cease to have any authority to recognize or ac-
knowledge, on behalf of the Federal Government, any In-
dian group as an Indian tribe. Petitions transferred to the
Commission under this paragraph shall, for purposes of
this Act, be considered as having been submitted to the
Commission as of the date of such transfer. Indian tribe,
except those groups whose petitions are under active consid-
eration at the time of the transfer.
(B) On the date of such transfer, the Secretary and
the Department shall cease to have any authority to recog-
nize or acknowledge, on behalf of the Federal government,
any Indian group as an Indian tribe, except those groups
under active consideration whose petitions have been re-
tained by the Department pursuant to subparagraph (A)
of this paragraph.
(C) Petitions transferred to the Commission under sub-
paragraph (A) of this paragraph shall, for purposes of this
Act, be considered as having been submitted to the Commis-
sion in the same order as they were submitted to the Depart-
ment.
(b) PETITION FORM AND CONTENT.—Except as pro-
vided in subsection (c), any petition submitted under sub-
section (a) by an Indian group shall be in a any readable
form which clearly indicates that it is a petition requesting
the Commission to recognize that the Indian group is an
Indian tribe and shall contain each of the following: which
contains detailed, specific evidence as to each of the follow-
ing:
(1) A statement of facts establishing that the
petitioner has been identified from historical times
until the present, on a substantially continuous
basis, as an Indian entity, except that a petitioner
shall not be considered as having failed to satisfy
any requirement of this subsection merely because of
fluctuations of tribal activity during various years.
Evidence which can be offered to demonstrate In-
dian identity of the petitioner on a substantially con-
tinuous basis shall include one or more of the follow-
ing:
(1) A statement of facts establishing that the pe-
titioner has been identified as an American Indian
entity on a substantially continuous basis since 1871.
Evidence that the group’s character as an Indian en-
tity has from time to time been denied shall not be
considered to be conclusive evidence that this criterion
has not been met. Evidence to be relied upon in deter-
mining a group’s Indian identity may include one or
a combination of the following, as well as other evi-
dence of identification by other than the petitioner it-
self or its members:
(A) Repeated identification Identification
of the petitioner as an Indian entity by Federal
authorities.
(B) Longstanding relationships Relation-
ships of the petitioner with State governments
based on identification of the petitioner as an
Indian entity.
(C) Repeated dealings Dealings of the peti-
tioner with a county, parish, or other local gov-
ernment in a relationship based on the Indian
identity of the petitioner.
(D) Repeated identification Identification
of the petitioner as an Indian entity by records
in private or public archives, courthouses,
churches, or schools.
(E) Repeated identification Identification
of the petitioner as an Indian entity by anthro-
pologists, historians, or other scholars.
(F) Repeated identification Identification
of the petitioner as an Indian entity in news-
papers, books, or similar media.
(G) Repeated identification of the peti-
tioner as an Indian entity by, and dealings of
the petitioner as an Indian entity with, Indian
tribes, aboriginal groups or recognized national
Indian organizations.
(G) Identification of the petitioner as an
Indian entity by other Indian tribes or by na-
tional, regional, or state Indian organizations.
(H) Identification of the petitioner as an
Indian entity by foreign governments or inter-
national organizations.
(2) Evidence that—
(A) a substantial portion of the member-
ship of the petitioner lives in an Indian commu-
nity which is distinct from other populations in
the area; and
(B) members of the petitioner are descend-
ants of an Indian group or groups which his-
torically inhabited a specific area.
(3) A statement of facts which establishes that
the petitioner has maintained tribal political influ-
ence or other authority over its members as an au-
tonomous entity from historical times until the
present.
(4) A copy of the present governing document
of the petitioner describing in the full membership
criteria of the petitioner and the procedures through
which the petitioner currently governs its affairs and
members.
(2)(A) A statement of facts establishing that a
predominant portion of the membership of the peti-
tioner comprises a community distinct from those
surrounding it and has existed as a community from
historical times to the present. Evidence to be relied
upon in determining that the petitioner meets this
criterion may include one or a combination of the fol-
lowing:
(i) Significant rates of marriage within the
group, or, as may be culturally required, pat-
terned out-marriages with other Indian popu-
lations.
(ii) Significant social relationships connect-
ing individual members.
(iii) Significant rates of informal social
interaction which exist broadly among the mem-
bers of a group.
(iv) A significant degree of shared or coop-
erative labor or other economic activity among
the membership.
(v) Evidence of strong patterns of discrimi-
nation or other social distinctions by non-mem-
bers.
(vi) Shared sacred or secular ritual activity
encompassing most of the group.
(vii) Cultural patterns shared among a sig-
nificant portion of the group that are different
from those of the non-Indian populations with
whom it interacts. These patterns must function
as more than a symbolic identification of the
group as Indian, and may include, but are not
limited to, language, kinship or religious organi-
zations, or religious beliefs and practices.
(viii) The persistence of a named, collective
Indian identity continuously over a period of
more than 50 years, notwithstanding changes in
name.
(ix) A demonstration of historical political
influence pursuant to the criterion set forth in
paragraph (3).
(B) A petitioner shall be considered to have pro-
vided sufficient evidence of community at a given
point in time if evidence is provided demonstrating
any one of the following:
(i) More than 50 percent of the members re-
side in a particular geographical area exclu-
sively or almost exclusively composed of members
of the group, and the balance of the group main-
tains consistent social interaction with some
members of the community.
(ii) At least 50 percent of the marriages of
the group are between members of the group.
(iii) At least 50 percent of the group mem-
bers maintain distinct cultural patterns such as,
but not limited to, language, kinship or religious
organizations, or religious beliefs or practices.
(iv) There are distinct community social in-
stitutions encompassing a substantial portion of
the members, such as kinship organizations, for-
mal or informal economic cooperation, or reli-
gious organizations.
(v) The group has met the criterion in
paragraph (3) using evidence described in para-
graph (3)(B).
(3)(A) A statement of facts establishing that the
petitioner has maintained political influence or au-
thority over its members as an autonomous entity
from historical times until the present. Evidence to be
relied upon in determining that the petitioner meets
this criterion may include one or a combination of
the following:
(i) The group is able to mobilize significant
numbers of members and significant resources
from its members for group purposes.
(ii) Most of the membership considers issues
acted upon or taken by group leaders or govern-
ing bodies to be of personal importance.
(iii) There is a widespread knowledge, com-
munication and involvement in political proc-
esses by most of the group’s members.
(iv) The group meets the criterion in para-
graph (2) at more than a minimal level.
(v) There are intragroup conflicts which
show controversy over valued group goals, prop-
erties, policies, processes or decisions.
(B) A petitioner shall be considered to have pro-
vided sufficient evidence to demonstrate the exercise of
political influence or authority at a given point in
time by demonstrating that group leaders or other
mechanisms exist or existed which:
(i) allocate group resources such as land,
residence rights or the like on a consistent basis;
(ii) settle disputes between members or
subgroups such as clans or moieties by mediation
or other means on a regular basis;
(iii) exert strong influence on the behavior
of individual members, such as the establishment
or maintenance of norms and the enforcement of
sanctions to direct or control behavior; and
(iv) organize or influence economic subsist-
ence activities among the members, including
shared or cooperative labor.
(C) A group that has met the requirements in
paragraph (2)(B) at a given point in time shall be
considered to have provided sufficient evidence to meet
this criterion at that same point in time.
(4) A copy of the petitioner’s present governing
document including its membership criteria. In the
absence of a written document, the petitioner must
provide a statement describing in full its membership
criteria and current governing procedures.
(5) A list of all current members of the peti-
tioner and their current addresses and, including
each member’s full name (and maiden name, if any),
date and place of birth, and current residential ad-
dress, as well as a copy of each available former list
of members based on the petitioner’s own defined
criteria, and a statement describing the methods used
in preparing those lists. The membership must con-
sist of individuals who have established descendancy
from an Indian group which existed historically or
from historical Indian groups which combined and
functioned as a single autonomous entity. Evidence
of tribal membership required by the Commission in-
cludes (but is not limited to)—
(A) descendancy rolls prepared by the Sec-
retary for the petitioner for purposes of distrib-
uting claims money, providing allotments, or
other purposes;
(B) State, Federal, or other official records
or evidence identifying present members of the
petitioner, or ancestors of present members of
the petitioner, as being an Indian descendant
and a member of the petitioner; the petitioner,
as being descendants of a historic tribe or his-
toric tribes that combined and functioned as a
single autonomous political entity;
(C) church, school, and other similar en-
rollment records indicating membership in the
petitioner; enrollment records identifying present
members or ancestors of present members as
being descendants of a historic tribe or historic
tribes that combined and functioned as a single
autonomous political entity;
(D) affidavits of recognition by tribal el-
ders, leaders, or the tribal governing body as
being an Indian descendant of the Indian group
and a member of the petitioner; and identifying
present members or ancestors of present members
as being descendants of a historic tribe or his-
toric tribes that combined and functioned as a
single autonomous political entity; and
(E) other records or evidence identifying
the person as a member of the petitioner.
present members or ancestors of present members
as being descendants of a historic tribe or his-
toric tribes that combined and functioned as a
single autonomous political entity.
(c) EXCEPTIONS.—A petition from an Indian group
which can demonstrate by a preponderance of the evidence
that it was, or is the successor in interest to, a—
(1) a party to a treaty or treaties with the Fed-
eral Government; or
(1) party to a treaty or treaties;
(2) a group acknowledged by any agency of the
Federal Government as eligible to participate in the
Indian Reorganization Act of 1934 (25 U.S.C. 461
et. seq.), et seq.);
(3) group for the benefit of which the United
States took into trust land or lands, or which the Fed-
eral government has treated as having collective rights
in tribal lands or funds; or
(4) group has been denominated a tribe by Act
of Congress or Executive Order,
shall be required to establish the criteria set forth in sub-
section (b)(1) only from the date of the treaty or acknowl-
edgement of eligibility to the present.
shall be required to establish the criteria set forth in this
section only from the date of that Federal action to the
present.
SEC. 6. NOTICE OF RECEIPT OF PETITION.
(a) PETITIONER.—Within 30 days after a petition is
submitted or transferred to the Commission under section
5(a), the Commission shall send an acknowledgement of
receipt in writing to the petitioner and shall have pub-
lished in the Federal Register a notice of such receipt, in-
cluding the name, location, and mailing address of the pe-
titioner and such other information that will identify the
entity who submitted the petition and the date the petition
was received by the Commission. The notice shall also in-
dicate where a copy of the petition may be examined.
(b) OTHERS.—The Commission shall also notify, in
writing, the Governor and attorney general of, and each
recognized Indian tribe within, any State in which a peti-
tioner resides.
(c) PUBLICATION; OPPORTUNITY FOR SUPPORTING
OR OPPOSING SUBMISSIONS.—The Commission shall pub-
lish the notice of receipt of the petition in a major news-
paper of general circulation in the town or city nearest
the location of the petitioner. The notice shall include, in
addition to the information described in subsection (a), no-
tice of opportunity for other parties to submit factual or
legal arguments in support of or in opposition to, the peti-
tion. Such submissions shall be provided to the petitioner
upon receipt by the Commission. The petitioner shall be
provided an opportunity to respond to such submissions
prior to a determination on the petition by the Commis-
sion.
SEC. 7. PROCESSING THE PETITION.
(a) REVIEW.—(1) Upon receipt of a documented peti-
tion, the Commission shall conduct a review to determine
whether the petitioner is entitled to be recognized as an
Indian tribe.
(2) The review conducted under paragraph (1) shall
include consideration of the petition, supporting evidence,
and the factual statements contained in the petition.
(3) The Commission may also initiate other research
for any purpose relative to analyzing the petition and ob-
taining additional information about the petitioner’s sta-
tus and may consider any evidence which may be submit-
ted by other parties.
(4) Upon request by the petitioner, the Library of Con-
gress and the National Archives shall each allow access to
the petitioner to its resources, records, and documents, for
the purpose of conducting research and preparing evidence
concerning the status of the petitioner.
(b) NOTICE OF DEFICIENCIES.—Prior to actual con-
sideration of the petition and by no later than the date
that is 12 months after the date on which the petition
is submitted or transferred to the Commission, the Com-
mission shall notify the petitioner of any obvious defi-
ciencies, or significant omissions, that are apparent upon
an initial review of the petition and provide the petitioner
with an opportunity to withdraw the petition for further
work or to submit additional information or a clarification.
(c) (b) CONSIDERATION.—(1) Except as otherwise
provided in this subsection, petitions shall be considered
on a first come, first served basis, determined by the date
of the original filing of the petition with the Commission,
or the Department if the petition is one transferred to the
Commission pursuant to section 5(a). The Commission
shall establish a priority register including those petitions
pending before the Department on the date of enactment
of this Act.
(2) Petitions that are submitted to the Commission
by Indian groups that as set forth in subsection 5(c)
shall—
(A) receive priority consideration over petitions
submitted by any other Indian groups, and
(B) be considered on an expedited basis.
(2) Petitions that are submitted to the Commission by
Indian groups that meet one or more of the requirements
set forth in section 5(c) shall receive priority consideration
over petitions submitted by any other Indian group.
(d) NOTICE OF ACTIVE CONSIDERATION.—The Com-
mission shall provide notice of the date on which the peti-
tion comes under active consideration to the petitioner and
other parties submitting comments on the petition.
(e) WITHDRAWAL AND RESUBMITTAL.—A petitioner
may, at its option and upon written request, withdraw its
petition prior to publication in the Federal Register by the
Commission of proposed findings under section 8(a) and
may, if it so desires, resubmit a new petition. A petitioner
shall not lose its priority date by withdrawing and resub-
mitting its petitions, but the time periods provided in sec-
tion 8(a) shall begin to run upon active consideration of
the resubmitted petition.
SEC. 8. PROPOSED FINDINGS AND DETERMINATION.
(a) IN GENERAL.—(1) Within one year after notify-
ing the petitioner under section 7(d) that active consider-
ation of the petition has begun, the Commission shall
make a proposed finding on the petition and shall publish
the proposed finding in the Federal Register.
(2) The Commission may delay making proposed
findings on a petition under paragraph (1) for 180 days
upon a showing of good cause by the petitioner.
(3) In addition to the proposed findings, the Commis-
sion shall prepare a report on each petition which summa-
rizes the evidence for the proposed findings. Copies of such
report shall be available to the petitioner and to other par-
ties upon request.
(4) Upon publication of the proposed findings under
paragraph (1), any individual or organization wishing to
challenge the proposed findings shall have a response pe-
riod of 120 days to present factual or legal arguments and
evidence upon which the proposed findings are based.
(b) DETERMINATION OF RECOGNITION.—(1) After
consideration of any written arguments and evidence sub-
mitted to rebut the proposed findings made under sub-
section (a)(1), the Commission shall make a determination
of whether the petitioner is recognized by the Federal Gov-
ernment to be an Indian tribe. Except as otherwise pro-
vided by this Act, the determination shall be considered
to be a determination on such recognition by the Federal
Government, and shall also be treated as a determination
on such recognition by the Secretary, for all purposes of
law.
(2) By no later than the date that is 60 days after
the close of the 120 day response period described in sub-
section (a)(4), the Commission shall—
(A) make a determination of whether the peti-
tioner is a federally recognized Indian tribe;
(B) publish a summary of the determination in
the Federal Register; and
(C) deliver a copy of the determination and
summary to the petitioner.
(3) Any determination made under paragraph (1)
shall become effective on the date that is 60 days after
the date on which the summary of the determination is
published under paragraph (2).
(c) RECOGNITION CRITERIA.—In making the pro-
posed findings and determination under this section with
respect to any petition, the Commission shall recognize the
petitioner as an Indian tribe if the petition meets all the
requirements of section 5(b). The Commission shall not
make such findings or determination of recognition of the
petitioner if such requirements have not been met by the
petitioner.
(d) NOTIFICATION
OF OTHER OPTIONS.—If the
Commission determines under subsection (b)(1) that the
petitioner should not be recognized by the Federal Govern-
ment to be an Indian tribe, the Commission shall analyze
and forward to the petitioner other options, if any, under
which application for services and other benefits of the
Bureau may be made.
(e) SITUATIONS
NOT AFFECTED
BY DETERMINA-
TION.—A determination by the Commission that an In-
dian group is recognized by the Federal Government as
an Indian tribe shall not have the effect of—
(1) depriving or diminishing the right of any
other Indian tribe to govern its reservation as such
reservation existed prior to the recognition of such
Indian group;
(2) depriving or diminishing any property right
held in trust or recognized by the United States for
such other Indian tribe prior to the recognition of
such Indian group; or
(3) depriving or diminishing any previously or
independently existing claim by a petitioner to any
such property right held in trust by the United
States for such other Indian tribe prior to the rec-
ognition of such Indian group.
SEC. 9. APPEALS.
(a) IN GENERAL.—By no later than 60 days after
the date on which the summary of the determination of
the Commission with respect to a petition is published
under section 8(b), the petitioner, or any other party, may
appeal the determination to the United States District
Court for the District of Columbia.
(b) ATTORNEY FEES AND COSTS.—The prevailing
parties in the appeal described in subsection (a) shall be
eligible for an award of reasonable attorney fees and costs
under the provisions of section 504 of title 5, United
States Code, or section 2412 of title 28 of such Code, as
the case may be.
SEC. 10. IMPLEMENTATION OF DECISIONS.
(a) ELIGIBILITY FOR SERVICES AND BENEFITS.—(1)
Subject to paragraph (2), upon recognition by the Com-
mission that the petitioner is an Indian tribe, the Indian
tribe shall be eligible for the services and benefits from
the Federal Government that are available to other feder-
ally recognized Indian tribes by virtue of their status as
Indian tribes with a government-to-government relation-
ship with the United States, as well as having the respon-
sibilities and obligations of such Indian tribes. Such rec-
ognition shall subject the Indian tribes to the same au-
thority of Congress and the United States to which other
federally recognized tribes are subject.
(2) Recognition of the Indian tribe under this Act
does not create an immediate entitlement to existing pro-
grams of the Bureau. Such programs shall become avail-
able upon appropriation of funds by law. Requests for ap-
propriations shall follow a determination under subsection
(b) of the needs of the newly recognized Indian tribe.
(b)
NEEDS
DETERMINATION.—Within
months
after an Indian tribe is recognized under this Act, the ap-
propriate area offices of the Bureau of Indian Affairs and
the Indian Health Service shall consult and develop in co-
operation with the Indian tribe, and forward to the respec-
tive Secretary, a determination of the needs of the Indian
tribe and a recommended budget required to serve the
newly recognized Indian tribe. The recommended budget
shall be considered along with other recommendations by
the appropriate Secretary in the budget-request process.
SEC. 11. LIST OF RECOGNIZED INDIAN TRIBES.
By no later than the date that is 90 days after the
date of the enactment of this Act, and annually thereafter,
the Secretary shall publish in the Federal Register an up-
to-date list of all Indian tribes which are recognized by
the Federal Government and receiving services from the
Bureau.
SEC. 8. PRELIMINARY HEARING.
(a) IN GENERAL.—Within 60 days after the receipt of
a petition by the Commission, the Commission shall set a
date for a preliminary hearing. At the preliminary hearing,
the petitioner and any other concerned party may provide
evidence concerning the status of the petitioner.
(b) DETERMINATION.—(1) Within 30 days after the
conclusion of the preliminary hearing under subsection (a),
the Commission shall make a determination either—
(A) to extend Federal acknowledgement to the pe-
titioner; or
(B) that the petitioner proceed to an adjudica-
tory hearing.
(2) The Commission shall publish the determination
in the Federal Register.
(c) INFORMATION TO BE PROVIDED PREPARATORY TO
AN ADJUDICATORY HEARING.—(1) If the Commission deter-
mines under subsection (b) that the petitioner proceed to
an adjudicatory hearing, the Commission shall—
(A) make available its appropriate evidentiary
records to the petitioner to assist the petitioner in
preparing for the adjudicatory hearing, and shall also
include such guidance as the Commission considers
necessary or appropriate to assist the petitioner in
preparing for the hearing; and
(B) within 30 days after the conclusion of the
preliminary hearing under subsection (a), notify the
petitioner in writing, which notice shall include a list
of any deficiencies or omissions on which the Com-
mission relied in making its determination.
(2) The list of deficiencies and omissions provided
under paragraph (1)(B) shall be the subject of the adjudica-
tory hearing. The Commission may not add to this list once
it is issued.
SEC. 9. ADJUDICATORY HEARING.
(a) IN GENERAL.—Within 180 days after the conclu-
sion of the preliminary hearing, the Commission shall af-
ford the petitioner described in section 8(b)(1)(B) an adju-
dicatory hearing. The hearing shall be on the list of defi-
ciencies and omissions provided under section 8(c)(1)(B)
and shall be conducted pursuant to section 554 of title 5,
United States Code.
(b) TESTIMONY FROM STAFF OF COMMISSION.—The
Commission may require testimony from its acknowledge-
ment and research staff or other witnesses. Any such testi-
mony shall be subject to cross-examination by the petitioner.
(c) EVIDENCE BY PETITIONER.—The petitioner may
provide such evidence as the petitioner deems appropriate.
(d) DECISION BY COMMISSION.—Within 60 days after
the end of the hearing held under subsection (a), the Com-
mission shall—
(1) make a determination as to the extension or
denial of Federal acknowledgment to the petitioner;
(2) publish its determination under paragraph
(1) in the Federal Register; and
(3) deliver a copy of the determination to the pe-
titioner, and to every other interested party.
SEC. 10. APPEALS.
(a) IN GENERAL.—Within 60 days after the date the
Commission’s decision is published under section 9(d), the
petitioner may appeal the determination to the United
States District Court for the District of Columbia.
(b) ATTORNEY FEES.—If the petitioner prevails in the
appeal described in subsection (a), it shall be eligible for
an award of reasonable attorney fees and costs under the
provisions of section 504 of title 5, United States Code, or
section 2412 of title 28 of such Code, as the case may be.
SEC. 11. EFFECT OF DETERMINATIONS.
A determination by the Commission that an Indian
group is recognized by the Federal Government as an In-
dian tribe shall not have the effect of—
(1) depriving or diminishing the right of any
other Indian tribe to govern its reservation as such
reservation existed prior to the recognition of such In-
dian group, or as the same may exist thereafter;
(2) depriving or diminishing any property right
held in trust or recognized by the United States for
such other Indian tribe as it existed prior to the rec-
ognition of such Indian group; or
(3) depriving or diminishing any previously or
independently existing claim by a petitioner to any
such property right held in trust by the United States
for such other Indian tribe prior to the recognition of
such Indian group.
SEC. 12. IMPLEMENTATION OF DECISIONS.
(a) ELIGIBILITY FOR SERVICES AND BENEFITS.—(1)
Subject to paragraph (2), upon recognition by the Commis-
sion that the petitioner is an Indian tribe, the Indian tribe
shall be eligible for the services and benefits from the Fed-
eral Government that are available to other federally recog-
nized Indian tribes by virtue of their status as Indian tribes
with a government-to-government relationship with the
United States, as well as having the responsibilities and
obligations of such Indian tribes. Such recognition shall
subject the Indian tribes to the same authority of Congress
and the United States to which other federally recognized
tribes are subject.
(2) Recognition of the Indian tribe under this Act does
not create an immediate entitlement to existing programs
of the Bureau. Such programs shall become available upon
appropriation of funds by law. Requests for appropriations
shall follow a determination under subsection (b) of the
needs of the newly recognized Indian tribe.
(b) NEEDS DETERMINATION.—Within 6 months after
an Indian tribe is recognized under this Act, the appro-
priate area offices of the Bureau and the Indian Health
Service shall consult and develop in cooperation with the
Indian tribe, and forward to the respective Secretary, a de-
termination of the needs of the Indian tribe and a rec-
ommended budget required to serve the newly recognized In-
dian tribe. The recommended budget shall be considered
along with recommendations by the appropriate Secretary
in the budget-request process.
SEC. 13. ANNUAL REPORT CONCERNING COMMISSION’S AC-
TIVITIES.
(a) LIST OF RECOGNIZED TRIBES.—Not later than 90
days after the date of the enactment of this Act, and annu-
ally on or before every January 30 thereafter, the Commis-
sion shall publish in the Federal Register a list of all Indian
tribes which are recognized by the Federal Government and
receiving services from the Bureau of Indian Affairs.
(b) ANNUAL REPORT.—Beginning one year after the
date of the enactment of this Act, and annually thereafter,
the Commission shall submit a report to the Committee on
Natural Resources of the House of Representatives and to
the Committee on Indian Affairs of the Senate a report on
its activities, which shall include at a minimum the follow-
ing:
(1) The number of petitions pending at the be-
ginning of the year and the names of the petitioners.
(2) The number of petitions received during the
year and the names of the petitioners.
(3) The number of petitions the Commission ap-
proved for acknowledgment and the names of the ac-
knowledged petitioners.
(4) The number of petitions the Commission de-
nied for acknowledgment and the names of the peti-
tioners.
(5) The status of all pending petitions and the
names of the petitioners.
SEC. 12. 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 and the district court shall issue such orders (includ-
ing writs of mandamus) as may be necessary to enforce
the provisions of this Act.
SEC. 13. 15. REGULATIONS.
The Commission is authorized to prescribe such regu-
lations as may be necessary to carry out the provisions
and purposes of this Act. All such regulations must be
published in accordance with the provisions of title 5,
United States Code.
SEC. 14. 16. GUIDELINES AND ADVICE.
(a) GUIDELINES.—No later than 90 days after the
date of enactment of this Act, the Commission shall make
available suggested guidelines for the format of petitions,
including general suggestions and guidelines on where and
how to research required information, but such examples
shall not preclude the use of any other format.
(b) RESEARCH ADVICE.—The Commission, upon re-
quest, is authorized to provide suggestions and advise to
any petitioner for his research into the petitioner’s histori-
cal background and Indian identity. The Commission shall
not be responsible for the actual research on behalf of the
petitioner.
SEC. 15. 17. ASSISTANCE TO PETITIONERS.
(a) GRANTS.—(1) The Secretary of Health and
Human Services may award grants to Indian groups seek-
ing Federal recognition to enable the Indian groups to—
(A) conduct the research necessary to substan-
tiate petitions under this Act; and
(B) prepare documentation necessary for the
submission of a petition under this Act.
(2) 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.—Grants provided under
subsection (a) shall be awarded competitively based on ob-
jective criteria prescribed in regulations promulgated by
the Secretary of Health and Human Services.
SEC. 16. 18. AUTHORIZATION OF APPROPRIATIONS.
(a) COMMISSION.—There are authorized to be appro-
priated for the Commission for the purpose of carrying
out the provisions of this Act (other than section 15 17),
$1,500,000 for fiscal year 1995 and $1,500,000 for each
of the 12 succeeding fiscal years.
(b) SECRETARY OF HHS.—There are authorized to
be appropriated for the Administration for Native Ameri-
cans of the Department of Health and Human Services
for the purpose of carrying out the provisions of section
15, $500,000 for fiscal year 1995 and $500,000 for each
of the 12 succeeding fiscal years. 17, $3,000,000 for each
fiscal year.
HR 4462 RH——2
HR 4462 RH——3
HR 4462 RH——4