I
106TH CONGRESS
1ST SESSION
H. R. 361
To provide for administrative procedures to extend Federal recognition to
certain Indian groups, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1999
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 Federal Rec-
ognition Administrative Procedures Act of 1998’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to establish an administrative procedure to
extend Federal recognition to certain Indian groups;
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(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 extend to Indian groups which are deter-
mined to be Indian tribes the immunities and privi-
leges available to other acknowledged Indian tribes
by virtue of their status as Indian tribes with a gov-
ernment-to-government relationship with the United
States;
(4) to ensure that when the Federal Govern-
ment extends acknowledgment to an Indian tribe, it
does so with a consistent legal, factual, and histori-
cal 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 ac-
knowledgment;
(7) to clarify evidentiary standards and expedite
the administrative review process by providing ade-
quate resources to process petitions; and
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(8) to remove the acknowledgment process from
the Bureau of Indian Affairs and invest it in the
Commission on Indian Recognition.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) 
ACKNOWLEDGMENT; 
ACKNOWLEDGED.—
The term ‘‘acknowledgment’’ or ‘‘acknowledged’’
means a determination by the Commission on Indian
Recognition that an Indian group constitutes an In-
dian tribe with a government-to-government relation-
ship with the United States, and whose members are
recognized as eligible for the special programs and
services provided by the United States to Indians be-
cause of their status as Indians.
(2) BUREAU.—The term ‘‘Bureau’’ means the
Bureau of Indian Affairs.
(3) COMMISSION.—The term ‘‘Commission’’
means the Commission on Indian Recognition estab-
lished pursuant to section 4.
(4) 
COMMUNITY.—The 
term 
‘‘community’’
means any group of people which, in the context of
the history, geography, culture, and social organiza-
tion of the group, sustains consistent interactions
and significant social relationships within its mem-
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bership and whose members are differentiated from
and identified as distinct from nonmembers.
(5) CONTINUOUSLY; CONTINUOUS.—The term
‘‘continuously’’ or ‘‘continuous’’ means extending
from the given date to the present substantially
without interruption; proof of any matter required
shall be deemed without substantial interruption if
such proof is available at least for every fifth year.
(6) DEPARTMENT.—The term ‘‘Department’’
means the Department of the Interior.
(7) DOCUMENTED PETITION.—The term ‘‘docu-
mented petition’’ means the detailed, factual expo-
sition and arguments, including all documentary evi-
dence, necessary to demonstrate that arguments spe-
cifically address the mandatory criteria established
in section 5.
(8) HISTORICAL; 
HISTORICALLY.—The term
‘‘historical’’ or ‘‘historically’’ means dating from
first sustained contact with non-Indians.
(9) INDIAN GROUP; GROUP.—The term ‘‘Indian
group’’ or ‘‘group’’ means any Indian or Alaska Na-
tive tribe, band, pueblo, village or community within
the United States that the Secretary does not ac-
knowledge to be an Indian tribe.
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(10) INDIAN TRIBE; TRIBE.—The term ‘‘Indian
tribe’’ or ‘‘tribe’’ means any Indian or Alaska Native
tribe, band, pueblo, village or community within the
United States included on the Secretary’s annual list
of acknowledged tribes.
(11) INDIGENOUS.—The term ‘‘indigenous’’
means native to the United States in that at least
part of the petitioner’s traditional territory extended
into what is now within the boundaries of the United
States.
(12) LETTER OF INTENT.—The term ‘‘letter of
intent’’ means an undocumented letter or resolution
which is dated and signed by the governing body of
an Indian group and submitted to the Commission
indicating the group’s intent to submit a petition for
acknowledgment as an Indian tribe.
(13) MEMBER
OF
AN
INDIAN
GROUP.—The
term ‘‘member of an Indian group’’ means an indi-
vidual who is recognized by an Indian group as
meeting its membership criteria.
(14) MEMBER OF AN INDIAN TRIBE.—The term
‘‘member of an Indian tribe’’ means an individual
who—
(A) meets the membership requirements of
the tribe as set forth in its governing document;
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(B) in the absence of a governing docu-
ment which sets out these requirements, has
been recognized as a member collectively by
those persons comprising the tribal governing
body and has consistently maintained tribal re-
lations with the tribe; or
(C) is listed on the tribal membership rolls
as a member, if such rolls are kept.
(15) PETITION.—The term ‘‘petition’’ means a
petition for acknowledgment submitted or trans-
ferred to the Commission pursuant to section 5.
(16) 
PETITIONER.—The 
term 
‘‘petitioner’’
means any group which has submitted a petition or
letter of intent to the Commission requesting ac-
knowledgment as an Indian tribe or has a petition
or letter of intent transferred to the Commission
under section 5(a).
(17) 
PREVIOUS
FEDERAL
ACKNOWLEDG-
MENT.—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
Government.
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(18) RESTORATION.—The term ‘‘restoration’’
means the reextension of acknowledgment to any
previously acknowledged tribe which may have had
its acknowledged status abrogated or diminished by
reason of congressional legislation expressly termi-
nating that status.
(19) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of the Interior.
(20) 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 Indian tribe;
(B) made by any government with, or on
behalf of, any Indian group or Indian tribe,
from which Federal Government subsequently
acquired territory by purchase, conquest, annex-
ation, or cession; or
(C) negotiated by the United States with,
or on behalf of, any Indian group, whether or
not the treaty was subsequently ratified.
(21) TRIBAL
ROLL.—The term ‘‘tribal roll’’
means a list exclusively of those individuals who
have been determined by the tribe to meet the tribe’s
membership requirements as set forth in its govern-
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ing document or, in the absence of a governing docu-
ment setting forth those requirements, have been
recognized as members by the tribe’s governing
body. In either case, those individuals on a tribal roll
must have affirmatively demonstrated consent to
being listed as members.
(22) UNITED
STATES.—The term ‘‘United
States’’ means the 48 contiguous States, Alaska,
and Hawaii; and does not include territories or pos-
sessions.
SEC. 4. COMMISSION ON INDIAN RECOGNITION.
(a) ESTABLISHMENT.—There is established within
the Department of the Interior the Commission on Indian
Recognition. The Commission shall report directly to the
Assistant Secretary of Indian Affairs.
(b) MEMBERSHIP.—
(1) IN GENERAL.—(A) The Commission shall
consist of 3 members appointed by the Secretary.
(B) In making appointments to the Commis-
sion, the Secretary shall give careful consideration
to—
(i) recommendations received from Indian
tribes;
(ii) recommendations from Indian groups
and professional organizations; and
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(iii) individuals who have a background in
Indian law or policy, anthropology, or history.
(2) AFFILIATIONS.—
(A) No more than 2 members of the Com-
mission may be members of the same political
party.
(B) No more than 1 member of the Com-
mission may be an employee of the Department
of the Interior.
(3) TERMS.—(A) Each member of the Commis-
sion shall be appointed for a term of 4 years, except
as provided in subparagraph (B).
(B) As designated by the Secretary at the time
of appointment, of the members first appointed—
(i) 1 shall be appointed for a term of 2
years;
(ii) 1 shall be appointed for a term of 3
years; and
(iii) 1 shall be appointed for a term of 4
years.
(4) VACANCY.—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 appointed to fill a vacancy oc-
curring before the expiration of the term for which
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the member’s predecessor was appointed shall be ap-
pointed only for the remainder of that term. A mem-
ber may serve after the expiration of that member’s
term until a successor has taken office.
(5) COMPENSATION.—(A) Each member of the
Commission not otherwise employed by the United
States Government 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, such
member is engaged in the actual performance of du-
ties authorized by the Commission.
(B) Except as provided in subparagraph (C), a
member of the Commission who is otherwise an offi-
cer or employee 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 privi-
lege.
(C) All members of the Commission shall be re-
imbursed for travel and per diem in lieu of subsist-
ence expenses during the performance of duties of
the Commission while away from home or their reg-
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ular place of business, in accordance with subchapter
I of chapter 57 of title 5, United States Code.
(6) CHAIRPERSON.—At the time appointments
are made under paragraph (1), the Secretary shall
designate 1 of such appointees as Chairperson of the
Commission.
(c) MEETINGS AND PROCEDURES.—
(1) INITIAL MEETING.—The Commission shall
hold its first meeting no later than 30 days after the
date on which all initial members of the Commission
have been appointed.
(2) QUORUM.—2 members of the Commission
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 its procedures and to
govern the manner of its operations, organization,
and personnel.
(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.
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(e) POWERS AND AUTHORITIES.—
(1) CHAIRMAN.—Subject to such rules and reg-
ulations as may be adopted by the Commission, the
Chairman of the Commission is authorized to—
(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 such 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 Chairman deems
advisable to assist in the performance of the
duties of the Commission, at a rate not to ex-
ceed 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
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daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule
under section 5316 of such title.
(2) COMMISSION.—The Commission may—
(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;
(F) secure directly from any officer, de-
partment, agency, establishment, or instrumen-
tality of the Federal Government such informa-
tion as the Commission may require for the
purpose of this Act, and each such officer, de-
partment, agency, establishment, or instrumen-
tality is authorized and directed to furnish, to
the extent permitted by law, such information,
suggestions, estimates, and statistics directly to
the Commission, upon request made by the
Chairman of the Commission;
(G) use the United States mails in the
same manner and under the same conditions as
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SEC. 5. PETITIONS FOR RECOGNITION AND LETTERS OF IN-
TENT.
(a) IN GENERAL.—
(1) SUBMISSION.—Any Indian group may sub-
mit to the Commission a petition requesting that the
Commission recognize that the Indian group is an
Indian tribe.
(2) HEARING.—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 of this Act, before the Commission. For purposes
of the adjudicatory hearing, the Assistant Sec-
retary’s final determination shall be considered a
preliminary determination under section 8(b)(1)(B)
of this Act.
(3) GROUPS AND ENTITIES EXCLUDED.—The
provisions of this Act do not apply to the following
groups or entities, which shall not be eligible for rec-
ognition under this Act—
(A) Indian tribes, organized bands, pueb-
los, communities, and Alaska Native entities
which are recognized by the Secretary as of the
date of enactment of this Act as eligible to re-
ceive services from the Bureau;
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(B) splinter groups, political factions, com-
munities, or groups of any character which sep-
arate from the main body of an Indian tribe
that, at the time of such separation, was recog-
nized as being an Indian tribe by the Secretary,
unless it can be clearly established that the
group, faction, or community has functioned
throughout history until the date of such peti-
tion as an autonomous Indian group; and
(C) any Indian group whose relationship
with the Federal Government was expressly ter-
minated by an Act of Congress.
(4) TRANSFER
OF
PETITIONS.—(A) No later
than 30 days after the date on which all of the ini-
tial members of the Commission have been ap-
pointed, the Secretary shall transfer to the Commis-
sion all petitions pending before the Department.
The Secretary shall also transfer all letters of intent
previously received by the Department that request
the Secretary, or the Federal Government, to recog-
nize or acknowledge an Indian group as an Indian
tribe.
(B) On the date of such transfer, the Secretary
and the Department shall cease to have any author-
ity to recognize or acknowledge, on behalf of the
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Federal Government, any Indian group as an Indian
tribe.
(C) Petitions and letters of intent transferred
to the Commission under subparagraph (A) of this
paragraph shall, for purposes of this Act, be consid-
ered as having been submitted to the Commission in
the same order as they were submitted to the De-
partment.
(b) PETITION FORM AND CONTENT.—Except as oth-
erwise provided in this section, any petition submitted
under subsection (a) by an Indian group shall be in any
readable form that clearly indicates that the petition is
requesting the Commission to recognize the petitioning In-
dian group as an Indian tribe. Each petition shall contain
specific evidence establishing the following mandatory cri-
teria:
(1) The petitioner has been identified as an
American Indian entity on a substantially continu-
ous basis since 1934.
(A) Evidence to be relied upon in deter-
mining a group’s Indian identity may include 1
or a combination of the following, as well as
other evidence of identification by other than
the petitioner itself or its members. Proof of
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any 1 of the following for a given time is con-
clusive evidence of Indian identity for that time.
(i) Identification as an Indian entity
by Federal authorities.
(ii) Relationships with State govern-
ments based on identification of the group
as Indian.
(iii) Dealings with a county, parish, or
other local government in a relationship
based on the group’s Indian identity.
(iv) Identification as an Indian entity
by anthropologists, historians, or other
scholars.
(v) Identification as an Indian entity
in newspapers and books.
(vi) Identification as an Indian entity
in relationships with Indian tribes or with
national, regional, or State Indian organi-
zations.
(B) A petitioner may establish that, for
any given period of time for which evidence of
identification as Indian is lacking, such absence
of evidence corresponds in time with official
acts of the Federal or relevant State govern-
ment which prohibited or penalized the expres-
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sion of Indian identity. For such periods of
time, the absence of evidence identifying the pe-
titioner as an Indian entity shall not be the
basis for declining to acknowledge the peti-
tioner.
(2) A predominant portion of the petitioning
groups comprises a distinct community and has ex-
isted as a community on a substantially continuous
basis since 1934.
(A) The criterion that the petitioner meets
the definition of community set forth in section
3 may be demonstrated by 1 or more of the fol-
lowing:
(i) Significant rates of marriage with-
in the group or, as may be culturally re-
quired, patterned out-marriages with other
Indian populations.
(ii) Significant social relationships
connecting individual members.
(iii) Significant rates of informal so-
cial interaction which exist broadly among
the members of a group.
(iv) A significant degree of shared or
cooperative labor or other economic activity
among the membership.
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(v) Evidence of strong patterns of dis-
crimination or other social distinctions by
nonmembers.
(vi) Shared sacred or secular ritual
activity encompassing most of the group.
(vii) Cultural patterns shared among
a significant portion of the group that are
different from those of the non-Indian pop-
ulations with whom it interacts. These pat-
terns must function as more than a sym-
bolic identification of the group as Indian.
They may include, but are not limited to,
language, kinship organization, or religious
beliefs and practices.
(viii) The persistence of a named, col-
lective Indian identity continuously over a
period of more than 50 years, notwith-
standing changes in name.
(ix) A demonstration of political influ-
ence under the criterion in paragraph
(3)(B) shall be conclusive evidence for
demonstrating community for that period
of time.
(x) Other evidence as considered ap-
propriate by the Secretary.
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(B) A petitioner shall be considered to
have provided sufficient evidence of community
at a given point in time if evidence is provided
to demonstrate any 1 of the following:
(i) More than 50 percent of the mem-
bers reside in a geographical area or areas
no more than 50 miles from a historic land
base(s) or site(s) of the petitioner.
(ii) At least 50 percent of the mar-
riages in the group are between members
of the group.
(iii) At least 50 percent of the group
members maintain distinct cultural pat-
terns such as, but not limited to, language,
kinship organization, or religious beliefs
and practices.
(iv) There are distinct social institu-
tions encompassing more than 50 percent
of the members, such as kinship organiza-
tions, formal or informal economic co-
operation, or religious organizations.
(v) The group has met the criterion in
paragraph (3) using evidence described in
paragraph (3)(B).
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(3) The petitioner has maintained political in-
fluence or authority over its members as an autono-
mous entity from 1934 until the present.
(A) This criterion may be demonstrated by
1 or more of the evidence listed below or by
other evidence of political influence or author-
ity:
(i) The group is able to mobilize sig-
nificant numbers of members and signifi-
cant resources from its members for group
purposes.
(ii) Most of the membership considers
issues acted upon or actions taken by
group leaders or governing bodies to be of
importance.
(iii) There is widespread knowledge,
communication, and involvement in politi-
cal processes by most of the group’s mem-
bers.
(iv) There are internal conflicts which
show controversy over valued group goals,
properties, policies, processes, or decisions.
(B) A petitioning group shall be considered
to have provided sufficient evidence to dem-
onstrate the exercise of political influence or au-
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thority at a given point in time by demonstrat-
ing any 1 of the following:
(i) A continuous line of group leaders,
acknowledged and accepted as such by
State or local governments or nonmembers
in general, with a description of the means
of selection.
(ii) Group leaders or other mecha-
nisms exist or existed which allocate group
resources such as land, residence rights,
and the like on a consistent basis.
(iii) Group leaders or other mecha-
nisms exist or existed which settle disputes
between members or subgroups by some
means.
(iv) Group leaders or other mecha-
nisms exist or existed which exert strong
influence on the behavior of individual
members, such as the establishment or
maintenance of norms and the enforcement
of sanctions to influence behavior.
(v) Group leaders or other mecha-
nisms exist or existed which organize or in-
fluence 
economic 
subsistence 
activities
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among the members, including shared or
cooperative labor.
(C) A group that has met the requirements
in paragraph (3) at a given point in time shall
be considered to have provided sufficient evi-
dence to meet this criterion at that point in
time.
(4) A copy of the group’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 member-
ship criteria.
(5) The petitioner’s membership consists of in-
dividuals who descend from a historical Indian tribe
or from historical Indian tribes which combined and
functioned as a single autonomous political entity.
(A) A petitioner shall be presumed to de-
scend from a historical Indian tribe or com-
bined tribes upon proof by the petitioner that
its member descend from an Indian entity in
existence in 1934. This presumption may be re-
butted by affirmative evidence offered by any
interested party that the Indian entity in exist-
ence in 1934 does not descend from a historical
Indian tribe or combined tribes.
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(B) The following evidence shall be deemed
by the Commission to prove descent from a his-
torical Indian entity for the time for which such
evidence is available:
(i) Rolls prepared by the Secretary on
a descendancy basis for purposes of dis-
tributing claims money, providing allot-
ments, or other purposes.
(ii) State, Federal, or other official
records or evidence identifying present
members or ancestors of present members
as being descendants of a historical tribe
or combined tribes.
(iii) Church, school, and other similar
enrollment 
records 
identifying 
present
members or ancestors of present members
as being descendants of a historical tribe
or combined tribes.
(iv) Affidavits of recognition by tribal
elders, leaders, or the tribal governing body
identifying present members or ancestors
of present members as being descendants
of a historical tribe or combined tribes.
(v) Reports, research, or other like
statements based upon firsthand experi-
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ence of historians, anthropologists, and
genealogists with established expertise on
the petitioner or Indian entities in general
identifying present members or ancestors
of present members as being descendants
of a historical tribe or combined tribes.
(C) A petitioner may also demonstrate this
criterion by other records of evidence identify-
ing present members or ancestors of present
members as being descendants of a historical
tribe or combined tribes.
(D) The petitioner must provide an official
membership list, separately certified by the
group’s governing body of all known current
members of the group. This list must include
each member’s full name (including maiden
name), date of birth, and current residential ad-
dress. The petitioner must also provide a copy
of each available former list of members based
on the group’s own defined criteria, as well as
a statement describing the circumstances sur-
rounding the preparation of the current list
and, insofar as possible, the circumstances sur-
rounding the preparation of former lists.
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(6) The membership of the petitioning group is
composed principally of persons who are not mem-
bers of any acknowledged North American Indian
tribe. However, under certain conditions a petition-
ing group may be acknowledged even if its member-
ship is composed principally of persons whose names
have appeared on rolls of, or who have been other-
wise associated with, an acknowledged Indian tribe.
The conditions are that the group must establish
that it has functioned since 1934 until the present
as a separate and autonomous Indian tribal entity,
that its members do not maintain a bilateral political
relationship with the acknowledged tribe, and that
its members have provided written confirmation of
their membership in the petitioning group.
(c) PREVIOUS ACKNOWLEDGMENT.—
(1) 
IN
GENERAL.—Evidence 
which 
dem-
onstrates previous Federal acknowledgment includes,
but is not limited to—
(A) evidence that the group has had or is
the successor in interest to a tribe that has had
treaty relations with the United States;
(B) evidence that the group has been or is
the successor in interest to a tribe that has
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been denominated a tribe by Act of Congress or
Executive order;
(C) evidence that the group has been or is
the successor in interest to a tribe that has
been treated by the Federal Government as
having collective rights in tribal lands or funds.
(2) PRESUMPTION
OF
CONTINUOUSNESS.—A
petitioner that can demonstrate previous Federal ac-
knowledgment by a preponderance of the evidence
shall be required to demonstrate the existence of
current political authority as defined by subsection
(b)(3), with a time depth limited to 10 years preced-
ing the date of the petition. Upon such demonstra-
tion, a presumption of continuous existence since
previous Federal acknowledgment shall arise. Unless
such presumption is rebutted by evidence offered by
an interested party proving by a preponderance of
the evidence that the previously recognized group
has abandoned tribal relations, such group shall be
recognized.
(d) RECOGNITION OF GROUPS MEETING CRITERIA.—
The Commission shall recognize as an Indian tribe a peti-
tioning group that demonstrates the criteria set out in this
section by a preponderance of the evidence. Such recog-
nized tribes shall be entitled to the same privileges, immu-
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nities, rights, and benefits of other federally recognized
tribes. Neither shall the Department of the Interior nor
any other Federal agency purport to diminish, condition,
or revoke the privileges, immunities, rights, and benefits
of Indian tribes recognized by any means before the effec-
tive date of this Act or under the provisions of this Act.
SEC. 6. NOTICE OF RECEIPT OF PETITION AND LETTERS OF
INTENT.
(a) PETITIONER.—Not later than 30 days after a pe-
tition is submitted or transferred to the Commission under
section 5(a), the Commission shall send an acknowledge-
ment of receipt in writing to the petitioner and shall have
published in the Federal Register a notice of such receipt,
including the name, location, and mailing address of the
petitioner 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) LETTERS OF INTENT.—As to letters of intent,
publish in the Federal Register a notice of such receipt,
including the name, location, and mailing address of peti-
tioner. A petitioner who has submitted a letter of intent
or had a letter of intent transferred to the Commission
under section 5(a) shall not be required to submit a docu-
mented petition within any time period.
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(c) 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.
(d) 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) IN
GENERAL.—Upon receipt of a docu-
mented petition, the Commission shall conduct a re-
view to determine whether the petitioner is entitled
to be recognized as an Indian tribe.
(2) CONSIDERATION.—The review conducted
under paragraph (1) shall include consideration of
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the petition, supporting evidence, and the factual
statements contained in the petition.
(3) RESEARCH.—The Commission may also ini-
tiate other research for any purpose relative to ana-
lyzing the petition and obtaining additional informa-
tion about the petitioner’s status and may consider
any evidence which may be submitted by other par-
ties.
(4) ACCESS TO OTHER FEDERAL RESOURCES.—
Upon request by the petitioner, the Library of Con-
gress and the National Archives shall each allow ac-
cess 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) CONSIDERATION.—
(1) IN
GENERAL.—Except as otherwise pro-
vided 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
transferred to the Commission pursuant to section
5(a). The Commission shall establish a priority reg-
ister including those petitions pending before the
Department on the date of enactment of this Act.
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(2) PRIORITY.—Petitions that are submitted to
the Commission by Indian groups that meet 1 or
more of the requirements set forth in section 5(c)
shall receive priority consideration over petitions
submitted by any other Indian group.
SEC. 8. PRELIMINARY HEARING.
(a) IN GENERAL.—Not later than 60 days after the
receipt of a petition by the Commission, the Commission
shall set a date for a preliminary hearing. At the prelimi-
nary hearing, the petitioner and any other concerned party
may provide evidence concerning the status of the peti-
tioner.
(b) DETERMINATION.—
(1) IN
GENERAL.—Within 30 days after the
conclusion of the preliminary hearing under sub-
section (a), the Commission shall make a determina-
tion either—
(A) to extend acknowledgement to the peti-
tioner; or
(B) that the petitioner proceed to an adju-
dicatory hearing.
(2) PUBLISHED IN FEDERAL REGISTER.—The
Commission shall publish the determination in the
Federal Register.
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(c) INFORMATION TO BE PROVIDED PREPARATORY
TO AN ADJUDICATORY HEARING.—
(1) IN
GENERAL.—If the Commission deter-
mines under subsection (b) that the petitioner pro-
ceed to an adjudicatory hearing, the Commission
shall—
(A) immediately make available to the peti-
tioner all records relied upon by the Commis-
sion and its staff in making the preliminary de-
termination to assist the petitioner in preparing
for the adjudicatory hearing, and shall also in-
clude such guidance as the Commission consid-
ers necessary or appropriate to assist the peti-
tioner in preparing for the hearing including
references to prior decisions of the Commission
or to recognition decisions made under regula-
tions prescribed by the Secretary that will pro-
vide direction in preparing for the adjudicatory
hearing; and if prior recognition decisions are
referred to, the Commission will make all
records relating to such decisions available to
the petitioner in a timely manner; and
(B) within 30 days after the conclusion of
the preliminary hearing under subsection (a),
notify the petitioner in writing, which notice
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shall include a list of any deficiencies or omis-
sions on which the Commission relied in making
its determination.
(2) LIST OF DEFICIENCIES.—The list of defi-
ciencies and omissions provided under paragraph
(1)(B) shall be the subject of the adjudicatory hear-
ing. The Commission may not add to this list once
it is issued.
SEC. 9. ADJUDICATORY HEARING.
(a) IN GENERAL.—Not later than 180 days after the
conclusion of the preliminary hearing, the Commission
shall afford the petitioner described in section 8(b)(1)(B)
an adjudicatory hearing. The hearing shall be on the list
of deficiencies and omissions provided under section
8(c)(1)(B) and shall be conducted on the record pursuant
to sections 554, 556, and 557 of title 5, United States
Code.
(b) TESTIMONY FROM STAFF OF COMMISSION.—The
Commission shall require testimony from its acknowledge-
ment and research staff that worked on the preliminary
determination and that are assisting the Commission in
the final determination under subsection (d) and may re-
quire the testimony of other witnesses. Any such testimony
shall be subject to cross-examination by the petitioner.
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(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 Commission shall—
(1) make a determination as to the extension or
denial of 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
petitioner, 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. IMPLEMENTATION OF DECISIONS.
(a) ELIGIBILITY FOR SERVICES AND BENEFITS.—
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(1) IN GENERAL.—Subject to paragraph (2),
upon recognition by the Commission that the peti-
tioner 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
recognized Indian tribes by virtue of their status as
Indian tribes with a government-to-government rela-
tionship 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) AVAILABILITY.—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 appro-
priation 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 ap-
propriate 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
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determination of the needs of the Indian tribe and a rec-
ommended budget required to serve the newly recognized
Indian tribe. The recommended budget shall be considered
along with recommendations by the appropriate Secretary
in the budget-request process.
SEC. 12. 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
annually on or before every January 30 thereafter, the
Commission 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 In-
dian Affairs.
(b) ANNUAL REPORT.—Beginning 1 year after the
date of the enactment of this Act, and annually thereafter,
the Commission shall submit a report to the Committee
on 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.
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(3) The number of petitions the Commission
approved for acknowledgment and the names of the
acknowledged petitioners.
(4) The number of petitions the Commission
denied for acknowledgment and the names of the pe-
titioners.
(5) The status of all pending petitions and the
names of the petitioners.
SEC. 13. 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. 14. 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.
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SEC. 15. GUIDELINES AND ADVICE.
(a) GUIDELINES.—Not later than 180 days after pe-
titions and letters of intent have been transferred to the
Commission by the Secretary under section 5(a)(4)(A),
the Commission shall make available suggested guidelines
for the format of petitions, including general suggestions
and guidelines on where and how to research required in-
formation, 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. 16. ASSISTANCE TO PETITIONERS.
(a) GRANTS.—
(1) IN GENERAL.—The Secretary of Health and
Human Services may award grants to Indian groups
seeking Federal recognition to enable the Indian
groups to—
(A) conduct the research necessary to sub-
stantiate petitions under this Act; and
(B) prepare documentation necessary for
the submission of a petition under this Act.
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(2) OTHER 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.—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. 17. SEVERABILITY.
If any provision of this Act or the application thereof
to any petitioner is held invalid, the invalidity shall not
affect other provisions or applications of the Act which
can be given effect without regard to the invalid provision
or application, and to this end the provisions of this Act
shall be severable.
SEC. 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 16),
$1,500,000 for fiscal year 1998 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
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for the purpose of carrying out the provisions of section
16, $3,000,000 for each fiscal year.
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