(4) FINAL DECISION.—If no request for recon-
sideration has been received, the Commission panel’s 
decision under section 9(d) and section 5(d) shall be 
final 90 days after publication of the final deter-
mination in the Federal Register. 
(b) DETAILED STATEMENT.— 
(1) IN
GENERAL.—The petitioner’s or inter-
ested party’s request for reconsideration shall con-
tain a detailed statement of the grounds for the re-
quest. 
(2) 
STATEMENT
CONSIDERED
OPENING 
BRIEF.—The detailed statement of grounds for re-
consideration filed by a petitioner or interested par-
ties shall be considered the appellant’s opening brief. 
(3) COPIES.—The party or parties requesting 
the reconsideration shall mail copies of the request 
to the petitioner and all other interested parties. 
(c) REVIEW.—The Commission shall review all re-
quests for reconsideration that are timely filed and that 
allege any of the following: 
(1) That there is new evidence that could affect 
the determination. 
(2) That a substantial portion of the evidence 
relied upon in the Commission panel’s determination 
was unreliable or was of little probative value. 
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(3) That petitioner’s or the Commission panel’s 
research appears inadequate or incomplete in some 
material respect. 
(4) That there are reasonable alternative inter-
pretations, not previously considered, of the evidence 
used for the determination under section 9(d) or 
under section 5(d), that would substantially affect 
the determination that the petitioner meets or does 
not meet one or more of the criteria in section 
5(b)(1) to (3) or is eligible for an expedited decision 
under section 5(c). 
(d) COMMISSION OVERSIGHT OF REQUEST FOR RE-
CONSIDERATION.— 
(1) AUTHORITY TO REVIEW.—The Commission 
shall have authority to review determinations of a 
Commission panel made pursuant to section 9(d) 
and section 5(d). 
(2) PROCEDURES FOR FULL AND FAIR EVALUA-
TION.—The Commission may establish such proce-
dures as it deems appropriate to provide a full and 
fair evaluation of a request for reconsideration under 
this section to the extent they are not inconsistent 
with this Act. 
(3) EXPERTS.—The Commission, at its discre-
tion, may request experts not associated with the 
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Commission, any panel of the Commission, the peti-
tioner, or interested parties to provide comments, 
recommendations, or technical advice concerning the 
determination, the administrative record, or mate-
rials filed by the petitioner or interested parties. The 
Commission may also request, at its discretion, com-
ments or technical assistance from the Commission 
panel concerning the final determination under sec-
tion 9(b) or under section 5(d) and the record used 
for either determination. 
(4) ADMINISTRATIVE
RECORD.—For purposes 
of review by the Commission, the administrative 
record shall consist of all appropriate documents 
held by the Commission relevant to the determina-
tion involved in the request for reconsideration. The 
Commission panel shall designate and make avail-
able to the Commission copies of critical documents 
central to the portions of the determination under a 
request for reconsideration. The Commission panel 
shall retain custody of the remainder of the adminis-
trative record, to which the Commission shall have 
unrestricted access. 
(5) PANEL’S DETERMINATION AFFIRMED.—The 
Commission shall affirm the Commission panel’s de-
termination if the Commission finds that the peti-
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tioner or interested party has failed to establish, by 
a preponderance of the evidence, at least one of the 
grounds under subsection (c). 
(6) PANEL’S DETERMINATION VACATED.—The 
Commission shall vacate the Commission panel’s de-
termination and remand it to the Commission panel 
for further work and reconsideration if the Commis-
sion finds that the petitioner or an interested party 
has established, by a preponderance of the evidence, 
one or more of the grounds under subsection (c). 
SEC. 11. EFFECT OF DETERMINATIONS. 
A determination by the Commission under section 
9(d) that an Indian group is recognized by the Federal 
Government as an Indian tribe shall not have the effect 
of depriving or diminishing— 
(1) the right of any other Indian tribe to govern 
the reservation of such other tribe as that reserva-
tion existed before the recognition of that Indian 
group, or as that reservation may exist thereafter; 
(2) any property right held in trust or recog-
nized by the United States for any other Indian 
tribe as that property existed before the recognition 
of that Indian group; or 
(3) any previously or independently existing 
claim by a petitioner to any such property right held 
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in trust by the United States for any other Indian 
tribe before the recognition by the Federal Govern-
ment of that Indian group as an Indian tribe. 
SEC. 12. IMPLEMENTATION OF DECISIONS. 
Upon recognition by the Commission of a petitioner 
as an Indian tribe under this Act, the Indian tribe shall— 
(1) be eligible for the services and benefits from 
the Federal Government that are available to other 
federally recognized Indian tribes by virtue of their 
status as Indian tribes with a government-to-govern-
ment relationships with the United States; 
(2) have the responsibilities, obligations, privi-
leges, and immunities of those Indian tribes; and 
(3) be included on the list of federally recog-
nized tribes under the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 479a et seq.; 
Public Law 103–454) (as amended by section 12 of 
this Act). 
SEC. 13. RECOGNITION OR RESTORATION OF INDIAN 
TRIBES. 
The Federally Recognized Indian Tribe List Act of 
1994 (25 U.S.C. 479a et seq.; Public Law 103–454) is 
amended by striking section 103 and inserting the fol-
lowing: 
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‘‘SEC. 103. RECOGNITION AND RESTORATION OF INDIAN 
TRIBES. 
‘‘Indian tribes may be recognized or restored by— 
‘‘(1) Federal law; 
‘‘(2) the Commission on Recognition of Indian 
Tribes; 
‘‘(3) reorganization under the Indian Reorga-
nization Act or the Alaska Indian Reorganization 
Act; and 
‘‘(4) any final decision of a United States 
court.’’. 
SEC. 14. INDIAN REORGANIZATION ACT. 
The Act of June 18, 1934 (25 U.S.C. 461 et seq.; 
popularly known as the ‘‘Indian Reorganization Act’’), is 
applicable to all tribes recognized by the Commission, 
without regard to whether such tribe was under Federal 
jurisdiction as of June 18, 1934. 
SEC. 15. NEEDS DETERMINATION AND BUDGET REQUEST. 
(a) IN GENERAL.—Not later than 180 days after an 
Indian group is recognized by the Commission as an In-
dian tribe under this Act, the appropriate officials of the 
Bureau and the Indian Health Service of the Department 
of Health and Human Services shall consult and develop 
in cooperation with the Indian tribe, and forward to the 
Secretary or the Secretary of Health and Human Services, 
as appropriate, a determination of the needs of the Indian 
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tribe and a recommended budget required to serve the 
newly recognized Indian tribe. 
(b) SUBMISSION OF BUDGET REQUEST.—Upon re-
ceipt of the information described in paragraph (1), the 
appropriate Secretary shall submit to the President a rec-
ommended budget along with recommendations, con-
cerning the information received under paragraph (1), for 
inclusion in the annual budget submitted by the President 
to the Congress pursuant to section 1108 of title 31, 
United States Code. 
SEC. 16. ANNUAL REPORT CONCERNING COMMISSION’S AC-
TIVITIES. 
(a) ANNUAL REPORT.— 
(1) IN GENERAL.—Beginning on the date that 
is 1 year after the date of the first meeting of the 
Commission, and annually thereafter, the Commis-
sion shall prepare and submit a report to the Com-
mittee on Indian Affairs of the Senate and the Com-
mittee on Natural Resources of the House of Rep-
resentatives that describes the activities of the Com-
mission. 
(2) CONTENT OF REPORTS.—Each report sub-
mitted under this subsection shall include, at a min-
imum, for the year that is the subject of the re-
port— 
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(A) the number of documented petitions 
pending at the beginning of the year and the 
names of the petitioners; 
(B) the number of documented persons re-
ceived during the year and the names of peti-
tioners; 
(C) the number of documented petitions 
the Commission approved for acknowledgment 
during the year and the names of the acknowl-
edged petitioners; 
(D) the number of documented petitions 
the Commission denied for acknowledgment 
during the year and the names of the peti-
tioners; and 
(E) the status of all pending documented 
petitions on the date of the report and the 
names of petitioners. 
SEC. 17. 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. The district court shall issue such orders (including 
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writs of mandamus) as may be necessary to enforce the 
provisions of this Act. 
SEC. 18. REGULATIONS. 
The Commission may, in accordance with applicable 
requirements of title 5, United States Code, promulgate 
and publish such regulations as may be necessary to carry 
out this Act. 
SEC. 19. GUIDELINES AND ADVICE. 
(a) GUIDELINES.—Not later than 90 days after the 
date of the first meeting of the Commission, the Commis-
sion shall make available to Indian groups suggested 
guidelines for the format of documented petitions, includ-
ing general suggestions and guidelines concerning where 
and how to research information that is required to be 
included in a documented petition. The examples included 
in the guidelines shall not preclude the use of any other 
appropriate format. 
(b) RESEARCH ADVICE.—The Commission may, upon 
request, provide suggestions and advice to any petitioner 
with respect to the research of the petitioner concerning 
the historical background and Indian identity of that peti-
tioner. The Commission shall not be responsible for con-
ducting research on behalf of the petitioner. 
SEC. 20. ASSISTANCE TO PETITIONERS. 
(a) GRANTS.— 
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(1) IN GENERAL.—The Secretary of Health and 
Human Services may award grants to Indian groups 
seeking Federal recognition as Indian tribes to en-
able the Indian groups to— 
(A) conduct the research necessary to sub-
stantiate documented petitions under this Act; 
and 
(B) prepare documentation necessary for 
the submission of a documented petition under 
this Act. 
(2) TREATMENT
OF
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.—The grants made under 
subsection (a) shall be awarded competitively on the basis 
of objective criteria prescribed in regulations promulgated 
by the Secretary of Health and Human Services. 
SEC. 21. PROTECTION OF CERTAIN PRIVILEGED INFORMA-
TION. 
Notwithstanding any other provision of law, upon the 
effective date of this Act, when responding to any requests 
for information on petitions and related materials filed by 
a group seeking Federal recognition as an Indian tribe 
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pursuant to part 83 of title 25 of the Code of Federal 
Regulations, including petitions and related materials 
transferred to the Commission from the Department 
under section 5(a)(2), as well as related materials located 
within the Department that have yet to be transferred to 
the Commission, the Department and the Commission 
shall exclude materials identified by the petitioning group 
as information related to religious practices or sacred 
sites, and which the group is forbidden to disclose except 
for the limited purpose of Department and Commission 
review. 
SEC. 22. AUTHORIZATION OF APPROPRIATIONS. 
(a) COMMISSION.—There are authorized to be appro-
priated to the Commission to carry out this Act (other 
than section 17) such sums as are necessary for each of 
fiscal years 2010 through 2018. 
(b) SECRETARY OF HHS.—There are authorized to 
be appropriated to the Secretary of Health and Human 
Services to carry out section 17 such sums as are nec-
essary for each fiscal years 2010 through 2018. 
Æ 
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