Indian Federal Recognition Administrative Procedures Act of 1999 - Establishes the Commission on Indian Recognition as an independent establishment which shall assume the authority of the Department of the Interior to recognize a petitioning Indian group's tribal status.
Sets forth operating and petitioning procedures. Requires petitions to contain detailed, specific evidence, including: (1) a statement of facts establishing that the petitioner has been identified as an American Indian entity on a substantially continuous basis since 1871; (2) a statement of facts establishing that a predominant portion of the petitioner's membership comprises a community distinct from those communities surrounding it and has existed as a community from historical times to the present; (3) a statement of facts establishing that the petitioner has maintained political influence or authority over its members as an autonomous entity from historical times until the time of the petition; (4) a copy of the petitioner's governing document or description of the petitioner's membership criteria and the petitioner's governing procedures; and (5) a list of the petitioner's current members, a copy of each available former list of members based on the petitioner's defined criteria, and a description of the methods used in preparing those lists.
Requires the Commission to publish an annual list of recognized Indian tribes.
Authorizes the Secretary of Health and Human Services to award petition assistance grants.
Authorizes appropriations.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 611 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 611
To provide for administrative procedures to extend Federal recognition
to certain Indian groups, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 15, 1999
Mr. Campbell introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Federal Recognition
Administrative Procedures Act of 1999''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To establish an administrative procedure to extend
Federal recognition to certain Indian groups.
(2) To extend to Indian groups that are determined to be
Indian tribes the protection, services, and benefits available
from the Federal Government pursuant to the Federal trust
responsibility with respect to Indian tribes.
(3) To extend to Indian groups that are determined to be
Indian tribes the immunities and privileges 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, the Federal Government does
so with a consistent legal, factual, and historical basis.
(5) To establish a Commission on Indian Recognition to
review and act upon petitions submitted by Indian groups that
apply for Federal 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 adequate resources
to process petitions.
(8) To remove the Federal acknowledgment process from the
Bureau of Indian Affairs and transfer the responsibility for
the process to an independent Commission on Indian Recognition.
SEC. 3. DEFINITIONS.
In this Act:
(1) Acknowledged.--The term ``acknowledged'' means, with
respect to an Indian group, that the Commission on Indian
Recognition has made an acknowledgment, as defined in paragraph
(2), for that group.
(2) Acknowledgment.--The term ``acknowledgment'' means a
determination by the Commission on Indian Recognition that an
Indian group--
(A) constitutes an Indian tribe with a government-
to-government relationship with the United States; and
(B) with respect to which the members are
recognized as eligible for the special programs and
services provided by the United States to Indians
because of their status as Indians.
(3) Alaska native.--The term ``Alaska Native'' means an
individual who is an Alaskan Indian, Eskimo, or Aleut, or any
combination thereof.
(4) Autonomous.--
(A) In general.--The term ``autonomous'' means the
exercise of political influence or authority
independent of the control of any other Indian
governing entity.
(B) Context of term.--With respect to a petitioner,
that term shall be understood in the context of the
history, geography, culture, and social organization of
the petitioner.
(5) Bureau.--The term ``Bureau'' means the Bureau of Indian
Affairs of the Department.
(6) Commission.--The term ``Commission'' means the
Commission on Indian Recognition established under section 4.
(7) Community.--
(A) In general.--The term ``community'' means any
group of people, living within a reasonable territorial
that is able to demonstrate that--
(i) consistent interactions and significant
social relationships exist within the
membership; and
(ii) the members of that group are
differentiated from and identified as distinct
from nonmembers.
(B) Context of term.--The term shall be understood
in the context of the history, culture, and social
organization of the group, taking into account the
geography of the region in which the group resides.
(8) Continuous or continuously.--With respect to a period
of history of a group, the term ``continuous'' or
``continuously'' means extending from the first sustained
contact with Euro-Americans throughout the history of the group
to the present substantially without interruption.
(9) Department.--The term ``Department'' means the
Department of the Interior.
(10) Documented petition.--The term ``documented petition''
means the detailed, factual exposition and arguments, including
all documentary evidence, necessary to demonstrate that those
arguments specifically address the mandatory criteria
established in section 5.
(11) Group.--The term ``group'' means an Indian group, as
defined in paragraph (13).
(12) Historically, historical, history.--The terms
``historically'', ``historical'', and ``history'' refer to the
period dating from the first sustained contact with Euro-
Americans.
(13) Indian group.--The term ``Indian group'' means any
Indian or Alaska Native band, pueblo, village or community
within the United States that the Secretary does not
acknowledge to be an Indian tribe.
(14) Indian tribe.--The term ``Indian tribe'' means any
Indian or Alaska Native tribe, band, pueblo, village, or
community within the United States that--
(A) the Secretary has acknowledged as an Indian
tribe as of the date of enactment of this Act, or
acknowledges to be an Indian tribe pursuant to the
procedures applicable to certain petitions under active
consideration at the time of the transfer of petitions
to the Commission under section 5(a)(3); or
(B) the Commission acknowledges as an Indian tribe
under this Act.
(15) Indigenous.--With respect to a petitioner, the term
``indigenous'' means native to the United States, in that at
least part of the traditional territory of the petitioner at
the time of first sustained contact with Euro-Americans
extended into the United States.
(16) Letter of intent.--The term ``letter of intent'' means
an undocumented letter or resolution that--
(A) is dated and signed by the governing body of an
Indian group;
(B) is submitted to the Commission; and
(C) indicates the intent of the Indian group to
submit a petition for Federal acknowledgment.
(17) Member of an indian group.--The term ``member of an
Indian group'' means an individual who--
(A) is recognized by an Indian group as meeting the
membership criteria of the Indian group; and
(B) consents in writing to being listed as a member
of that group.
(18) Member of an indian tribe.--The term ``member of an
Indian tribe'' means an individual who--
(A)(i) meets the membership requirements of the
tribe as set forth in its governing document; or
(ii) in the absence of a governing document which
sets out those requirements, has been recognized as a
member collectively by those persons comprising the
tribal governing body; and
(B)(i) has consistently maintained tribal relations
with the tribe; or
(ii) is listed on the tribal membership rolls as a
member, if those rolls are kept.
(19) Petition.--The term ``petition'' means a petition for
acknowledgment submitted or transferred to the Commission
pursuant to section 5.
(20) Petitioner.--The term ``petitioner'' means any group
that submits a letter of intent to the Commission requesting
acknowledgment.
(21) Political influence or authority.--
(A) In general.--The term ``political influence or
authority'' means a tribal council, leadership,
internal process, or other mechanism that a group has
used as a means of--
(i) influencing or controlling the behavior
of its members in a significant manner;
(ii) making decisions for the group which
substantially affect its members; or
(iii) representing the group in dealing
with nonmembers in matters of consequence to
the group.
(B) Context of term.--The term shall be understood
in the context of the history, culture, and social
organization of the group.
(22) Previous federal acknowledgment.--The term ``previous
Federal acknowledgment'' means any action by the Federal
Government, the character of which--
(A) is clearly premised on identification of a
tribal political entity; and
(B) clearly indicates the recognition of a
government-to-government relationship between that
entity and the Federal Government.
(23) Restoration.--The term ``restoration'' means the
reextension of acknowledgment to any previously acknowledged
tribe with respect to which the acknowledged status may have
been abrogated or diminished by reason of legislation enacted
by Congress expressly terminating that status.
(24) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(25) Sustained contact.--The term ``sustained contact''
means the period 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.
(26) 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 tribe;
(B) made by any government with, or on behalf of,
any Indian group or tribe, from which the Federal
Government subsequently acquired territory by purchase,
conquest, annexation, 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.
(27) Tribe.--The term ``tribe'' means an Indian tribe.
(28) Tribal relations.--The term ``tribal relations'' means
participation by an individual in a political and social
relationship with an Indian tribe.
(29) Tribal roll.--The term ``tribal roll'' means a list
exclusively of those individuals who--
(A)(i) have been determined by the tribe to meet
the membership requirements of the tribe, as set forth
in the governing document of the tribe; or
(ii) in the absence of a governing document that
sets forth those requirements, have been recognized as
members by the governing body of the tribe; and
(B) have affirmatively demonstrated consent to
being listed as members of the tribe.
(30) United states.--The term ``United States'' means the
48 contiguous States, and the States of Alaska and Hawaii. The
term does not include territories or possessions of the United
States.
SEC. 4. COMMISSION ON INDIAN RECOGNITION.
(a) Establishment.--There is established, as an independent
commission, the Commission on Indian Recognition. The Commission shall
be an independent establishment, as defined in section 104 of title 5,
United States Code.
(b) Membership.--
(1) In general.--
(A) Members.--The Commission shall consist of 3
members appointed by the President, by and with the
advice and consent of the Senate.
(B) Individuals to be considered for membership.--
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
Indian law or policy, anthropology, genealogy,
or history.
(2) Political affiliation.--Not more than 2 members of the
Commission may be members of the same political party.
(3) Terms.--
(A) In general.--Except as provided in subparagraph
(B), each member of the Commission shall be appointed
for a term of 4 years.
(B) Initial appointments.--As designated by the
President at the time of appointment, of the members
initially appointed under this subsection--
(i) 1 member shall be appointed for a term
of 2 years;
(ii) 1 member shall be appointed for a term
of 3 years; and
(iii) 1 member shall be appointed for a
term of 4 years.
(4) Vacancies.--Any vacancy in the Commission shall not
affect the powers of the Commission, but shall be filled in the
same manner in which the original appointment was made. Any
member appointed to fill a vacancy occurring before the
expiration of the term for which the predecessor of the member
was appointed shall be appointed only for the remainder of that
term. A member may serve after the expiration of the term of
that member until a successor has taken office.
(5) Compensation.--
(A) In general.--Each member of the Commission
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, that member is engaged in the
actual performance of duties authorized by the
Commission.
(B) Travel.--All members of the Commission shall be
reimbursed for travel and per diem in lieu of
subsistence expenses during the performance of duties
of the Commission while away from their homes or
regular places of business, in accordance with
subchapter I of chapter 57 of title 5, United States
Code.
(6) Full-time employment.--Each member of the Commission
shall serve on the Commission as a full-time employee of the
Federal Government. No member of the Commission may, while
serving on the Commission, be otherwise employed as an officer
or employee of the Federal Government. Service by a member who
is an employee of the Federal Government at the time of
nomination as a member shall be without interruption or loss of
civil service status or privilege.
(7) Chairperson.--At the time appointments are made under
paragraph (1), the President shall designate a Chairperson of
the Commission (referred to in this section as the
``Chairperson'') from among the appointees.
(c) Meetings and Procedures.--
(1) In general.--The Commission shall hold its first
meeting not later than 30 days after the date on which all
members of the Commission have been appointed and confirmed by
the Senate.
(2) Quorum.--Two 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 the procedures of the Commission and to govern the
manner of operations, organization, and personnel of the
Commission.
(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.
(e) Powers and Authorities.--
(1) Powers and authorities of chairperson.--Subject to such
rules and regulations as may be adopted by the Commission, the
Chairperson may--
(A) appoint, terminate, and fix the compensation
(without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that
title, or of any other provision of law, relating to
the number, classification, and General Schedule rates)
of an Executive Director of the Commission and of such
other personnel as the Chairperson considers advisable
to assist in the performance 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 intermittent
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 Executive Schedule
under section 5316 of that title.
(2) General powers and authorities of commission.--
(A) In general.--The Commission may hold such
hearings and sit and act at such times as the
Commission considers to be appropriate.
(B) Other authorities.--As the Commission may
consider advisable, the Commission may--
(i) take testimony;
(ii) have printing and binding done;
(iii) enter into contracts and other
arrangements, subject to the availability of
funds;
(iv) make expenditures; and
(v) take other actions.
(C) Oaths and affirmations.--Any member of the
Commission may administer oaths or affirmations to
witnesses appearing before the Commission.
(3) Information.--
(A) In general.--The Commission may secure directly
from any officer, department, agency, establishment, or
instrumentality of the Federal Government such
information as the Commission may require to carry out
this Act. Each such officer, department, agency,
establishment, or instrumentality shall furnish, to the
extent permitted by law, such information, suggestions,
estimates, and statistics directly to the Commission,
upon the request of the Chairperson.
(B) Facilities, services, and details.--Upon the
request of the Chairperson, to assist the Commission in
carrying out the duties of the Commission under this
section, the head of any Federal department, agency, or
instrumentality may--
(i) make any of the facilities and services
of that department, agency, or instrumentality
available to the Commission; and
(ii) detail any of the personnel of that
department, agency, or instrumentality to the
Commission, on a nonreimbursable basis.
(C) Mails.--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 provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(g) Termination of Commission.--The Commission shall terminate on
the date that is 12 years after the date of enactment of this Act.
SEC. 5. PETITIONS FOR RECOGNITION.
(a) In General.--
(1) Petitions.--Subject to subsection (d) and except as
provided in paragraph (2), any Indian group may submit to the
Commission a petition requesting that the Commission recognize
an Indian group as an Indian tribe.
(2) Exclusion.--The following groups and entities shall not
be eligible to submit a petition for recognition by the
Commission under this Act:
(A) Certain entities that are eligible to receive
services from the bureau.--Indian tribes, organized
bands, pueblos, communities, and Alaska Native entities
that are recognized by the Secretary as of the date of
enactment of this Act as eligible to receive services
from the Bureau.
(B) Certain splinter groups, political factions,
and communities.--Splinter groups, political factions,
communities, or groups of any character that separate
from the main body of an Indian tribe that, at the time
of that separation, is recognized as an Indian tribe by
the Secretary, unless the group, faction, or community
is able to establish clearly that the group, faction,
or community has functioned throughout history until
the date of that petition as an autonomous Indian
tribal entity.
(C) Certain groups that have previously submitted
petitions.--Groups, or successors in interest of
groups, that before 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.
(D) Indian groups subject to termination.--Any
Indian group whose relationship with the Federal
Government was expressly terminated by an Act of
Congress.
(E) Parties to certain actions.--Any Indian group
that--
(i) in any action in a United States court
of competent jurisdiction to which the group
was a party, 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;
(ii) was determined by that court--
(I) not to be an Indian tribe; or
(II) 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 that court which, if made by the Commission,
would show that the group was incapable of
establishing 1 or more of the criteria set
forth in this section.
(3) Transfer of petition.--
(A) In general.--Notwithstanding any other
provision of law, not later than 30 days after the date
on which all of the members of the Commission have been
appointed and confirmed by the Senate under section
4(b), the Secretary shall transfer to the Commission
all petitions pending before the Department that--
(i) are not under active consideration by
the Secretary at the time of the transfer; and
(ii) request the Secretary, or the Federal
Government, to recognize or acknowledge an
Indian group as an Indian tribe.
(B) Cessation of certain authorities of
secretary.--Notwithstanding any other provision of law,
on the date of the transfer under subparagraph (A), the Secretary and
the Department shall cease to have any authority to recognize or
acknowledge, on behalf of the Federal Government, any Indian group as
an Indian tribe, except for those groups under active consideration at
the time of the transfer whose petitions have been retained by the
Secretary pursuant to subparagraph (A).
(C) Determination of order of submission of
transferred petitions.--Petitions transferred to the
Commission under subparagraph (A) shall, for purposes
of this Act, be considered as having been submitted to
the Commission in the same order as those petitions
were submitted to the Department.
(b) Petition Form and Content.--Except as provided in subsection
(c), any petition submitted under subsection (a) by an Indian group
shall be in any readable form that clearly indicates that the petition
is a petition requesting the Commission to recognize the Indian group
as an Indian tribe and that contains detailed, specific evidence
concerning each of the following items:
(1) Statement of facts.--A statement of facts establishing
that the petitioner has been identified as an American Indian
entity on a substantially continuous basis since 1871. Evidence
that the character of the group as an Indian entity has from
time to time been denied shall not be considered to be
conclusive evidence that this criterion has not been met.
Evidence that the Commission may rely on in determining the
Indian identity of a group may include any 1 or more of the
following items:
(A) Identification of petitioner.--An
identification of the petitioner as an Indian entity by
any department, agency, or instrumentality of the
Federal Government.
(B) Relationship of petitioner with state
government.--A relationship between the petitioner and
any State government, based on an identification of the
petitioner as an Indian entity.
(C) Relationship of petitioner with a political
subdivision of a state.--Dealings of the petitioner
with a county or political subdivision of a State in a
relationship based on the Indian identity of the
petitioner.
(D) Identification of petitioner on the basis of
certain records.--An identification of the petitioner
as an Indian entity by records in a private or public
archive, courthouse, church, or school.
(E) Identification of petitioner by certain
experts.--An identification of the petitioner as an
Indian entity by an anthropologist, historian, or other
scholar.
(F) Identification of petitioner by certain
media.--An identification of the petitioner as an
Indian entity in a newspaper, book, or similar medium.
(G) Identification of petitioner by another indian
tribe or organization.--An identification of the
petitioner as an Indian entity by another Indian tribe
or by a national, regional, or State Indian
organization.
(H) Identification of petitioner by a foreign
government or international organization.--An
identification of the petitioner as an Indian entity by
a foreign government or an international organization.
(I) Other evidence of identification.--Such other
evidence of identification as may be provided by a
person or entity other than the petitioner or a member
of the membership of the petitioner.
(2) Evidence of community.--
(A) In general.--A statement of facts establishing
that a predominant portion of the membership of the
petitioner--
(i) comprises a community distinct from
those communities surrounding that community;
and
(ii) has existed as a community from
historical times to the present.
(B) Evidence.--Evidence that the Commission may
rely on in determining that the petitioner meets the
criterion described in clauses (i) and (ii) of
subparagraph (A) may include 1 or more of the following
items:
(i) Marriages.--Significant rates of
marriage within the group, or, as may be
culturally required, patterned out-marriages
with other Indian populations.
(ii) Social relationships.--Significant
social relationships connecting individual
members.
(iii) Social interaction.--Significant
rates of informal social interaction which
exist broadly among the members of a group.
(iv) Shared economic activity.--A
significant degree of shared or cooperative
labor or other economic activity among the
membership.
(v) Discrimination or other social
distinctions.--Evidence of strong patterns of
discrimination or other social distinctions by
nonmembers.
(vi) Shared ritual activity.--Shared sacred
or secular ritual activity encompassing most of
the group.
(vii) Cultural patterns.--Cultural patterns
that--
(I) are shared among a significant
portion of the group that are different
from the cultural patterns of the non-
Indian populations with whom the group
interacts;
(II) function as more than a
symbolic identification of the group as
Indian; and
(III) may include language, kinship
or religious organizations, or
religious beliefs and practices.
(viii) Collective indian identity.--The
persistence of a named, collective Indian
identity continuously over a period of more
than 50 years, notwithstanding changes in name.
(ix) Historical political influence.--A
demonstration of historical political influence
pursuant to the criterion set forth in
paragraph (3).
(C) Criteria for sufficient evidence.--The
Commission shall consider the petitioner to have
provided sufficient evidence of community at a given
point in time if the petitioner has provided evidence
that demonstrates any one of the following:
(i) Residence of members.--More than 50
percent of the members of the group of the
petitioner reside in a particular geographical
area exclusively or almost exclusively composed
of members of the group, and the balance of the
group maintains consistent social interaction
with some members of the community.
(ii) Marriages.--Not less than 50 percent
of the marriages of the group are between
members of the group.
(iii) Distinct cultural patterns.--Not less
than 50 percent of the members of the group
maintain distinct cultural patterns including
language, kinship or religious organizations,
or religious beliefs or practices.
(iv) Community social institutions.--
Distinct community social institutions
encompassing a substantial portion of the
members of the group, such as kinship
organizations, formal or informal economic
cooperation, or religious organizations.
(v) Applicability of criteria.--The group
has met the criterion in paragraph (3) using
evidence described in paragraph (3)(B).
(3) Autonomous entity.--
(A) In general.--A statement of facts establishing
that the petitioner has maintained political influence
or authority over its members as an autonomous entity
from historical times until the time of the petition.
The Commission may rely on 1 or more of the following
items in determining whether a petitioner meets the
criterion described in the preceding sentence:
(i) Mobilization of members.--The group is
capable of mobilizing significant numbers of
members and significant resources from its
members for group purposes.
(ii) Issues of personal importance.--Most
of the membership of the group consider issues
acted upon or taken by group leaders or
governing bodies to be of personal importance.
(iii) Political process.--There is a
widespread knowledge, communication, and
involvement in political processes by most of
the members of the group.
(iv) Level of application of criteria.--The
group meets the criterion described in
paragraph (2) at more than a minimal level.
(v) Intragroup conflicts.--There are
intragroup conflicts which show controversy
over valued group goals, properties, policies,
processes, or decisions.
(B) Evidence of exercise of political influence or
authority.--The Commission shall consider that a
petitioner has provided 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 have
existed that accomplish the following:
(i) Allocation of group resources.--
Allocate group resources such as land,
residence rights, or similar resources on a
consistent basis.
(ii) Settlement of disputes.--Settle
disputes between members or subgroups such as
clans or moieties by mediation or other means
on a regular basis.
(iii) Influence on behavior of individual
members.--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.
(iv) Economic subsistence activities.--
Organize or influence economic subsistence
activities among the members, including shared
or cooperative labor.
(C) Temporality of sufficiency of evidence.--A
group that has met the requirements of paragraph (2)(C)
at any point in time shall be considered to have
provided sufficient evidence to meet the criterion
described in subparagraph (A) at that point in time.
(4) Governing document.--A copy of the then present
governing document of the petitioner that includes the
membership criteria of the petitioner. In the absence of a
written document, the petitioner shall be required to provide a
statement describing in full the membership criteria of the
petitioner and the then current governing procedures of the
petitioner.
(5) List of members.--
(A) In general.--A list of all then current members
of the petitioner, including the full name (and maiden
name, if any), date, and place of birth, and then
current residential address of each member, a copy of
each available former list of members based on the
criteria defined by the petitioner, and a statement
describing the methods used in preparing those lists.
(B) Requirements for membership.--In order for the
Commission to consider the members of the group to be
members of an Indian tribe for the purposes of the
petition, that membership shall be required to consist
of established descendancy from an Indian group that
existed historically, or from historical Indian groups
that combined and functioned as a single autonomous
entity.
(C) Evidence of tribal membership.--Evidence of
tribal membership required by the Commission for a
determination of tribal membership shall include the
following items:
(i) Descendancy rolls.--Descendancy rolls
prepared by the Secretary for the petitioner
for purposes of distributing claims money,
providing allotments, or other purposes.
(ii) Certain official records.--Federal,
State, or other official records or evidence
identifying then present members of the
petitioner, or ancestors of then present
members of the petitioner, as being descendants
of a historic tribe or historic tribes that
combined and functioned as a single autonomous
political entity.
(iii) Enrollment records.--Church, school,
and other similar enrollment records
identifying then present members or ancestors
of then present members as being descendants of
a historic tribe or historic tribes that
combined and functioned as a single autonomous
political entity.
(iv) Affidavits of recognition.--Affidavits
of recognition by tribal elders, leaders, or
the tribal governing body identifying then
present members or ancestors of then present
members as being descendants of 1 or more
historic tribes that combined and functioned as
a single autonomous political entity.
(v) Other records or evidence.--Other
records or evidence identifying then present
members or ancestors of then present members as
being descendants of 1 or more historic tribes
that combined and functioned as a single
autonomous political entity.
(c) Exceptions.--A petition from an Indian group that is able to
demonstrate by a preponderance of the evidence that the group was, or
is the successor in interest to, a--
(1) party to a treaty or treaties;
(2) group acknowledged by any agency of the Federal
Government as eligible to participate under the Act of June 18,
1934 (commonly referred to as the ``Indian Reorganization
Act'') (48 Stat. 984 et seq., chapter 576; 25 U.S.C. 461 et
seq.);
(3) group for the benefit of which the United States took
into trust lands, or which the Federal Government has treated
as having collective rights in tribal lands or funds; or
(4) group that has been denominated a tribe by an Act of
Congress or Executive order,
shall be required to establish the criteria set forth in this section
only with respect to the period beginning on the date of the applicable
action described in paragraph (1), (2), (3), or (4) and ending on the
date of submission of the petition.
(d) Deadline for Submission of Petitions.--No Indian group may
submit a petition to the Commission requesting that the Commission
recognize an Indian group as an Indian tribe after the date that is 8
years after the date of enactment of this Act. After the Commission
makes a determination on each petition submitted before that date, the
Commission may not make any further determination under this Act to
recognize any Indian group as an Indian tribe.
SEC. 6. NOTICE OF RECEIPT OF PETITION.
(a) Petitioner.--
(1) In general.--Not later than 30 days after a petition is
submitted or transferred to the Commission under section 5(a),
the Commission shall--
(A) send an acknowledgement of receipt in writing
to the petitioner; and
(B) publish in the Federal Register a notice of
that receipt, including the name, location, and mailing
address of the petitioner and such other information
that--
(i) identifies the entity that submitted
the petition and the date the petition was
received by the Commission;
(ii) indicates where a copy of the petition
may be examined; and
(iii) indicates whether the petition is a
transferred petition that is subject to the
special provisions under paragraph (2).
(2) Special provisions for transferred petitions.--
(A) In general.--With respect to a petition that is
transferred to the Commission under section 5(a)(3),
the notice provided to the petitioner, shall, in
addition to providing the information specified in
paragraph (1), inform the petitioner whether the
petition constitutes a documented petition that meets
the requirements of section 5.
(B) Amended petitions.--If the petition described
in subparagraph (A) is not a documented petition, the
Commission shall notify the petitioner that the
petitioner may, not later than 90 days after the date
of the notice, submit to the Commission an amended
petition that is a documented petition for review under
section 7.
(C) Effect of amended petition.--To the extent
practicable, the submission of an amended petition by a
petitioner by the date specified in this paragraph
shall not affect the order of consideration of the
petition by the Commission.
(b) Others.--In addition to providing the notification required
under subsection (a), the Commission shall notify, in writing, the
Governor and attorney general of, and each federally recognized Indian
tribe within, any State in which a petitioner resides.
(c) Publication; Opportunity for Supporting or Opposing
Submissions.--
(1) Publication.--The Commission shall publish the notice
of receipt of each petition (including any amended petition
submitted pursuant to subsection (a)(2)) in a major newspaper
of general circulation in the town or city located nearest the
location of the petitioner.
(2) Opportunity for supporting or opposing submissions.--
(A) In general.--Each notice published under
paragraph (1) shall include, in addition to the
information described in subsection (a), notice of
opportunity for other parties to submit factual or
legal arguments in support of or in opposition to, the
petition.
(B) Copy to petitioner.--A copy of any submission
made under subparagraph (A) shall be provided to the
petitioner upon receipt by the Commission.
(C) Response.--The petitioner shall be provided an
opportunity to respond to any submission made under
subparagraph (A) before a determination on the petition
by the Commission.
SEC. 7. PROCESSING THE PETITION.
(a) Review.--
(1) In general.--Upon receipt of a documented petition
submitted or transferred under section 5(a) or submitted under
section 6(a)(2)(B), the Commission shall conduct a review to
determine whether the petitioner is entitled to be recognized
as an Indian tribe.
(2) Content of review.--The review conducted under
paragraph (1) shall include consideration of the petition,
supporting evidence, and the factual statements contained in
the petition.
(3) Other research.--In conducting a review under this
subsection, the Commission may--
(A) initiate other research for any purpose
relative to analyzing the petition and obtaining
additional information about the status of the
petitioner; and
(B) consider such evidence as may be submitted by
other parties.
(4) Access to library of congress and national archives.--
Upon request by the petitioner, the appropriate officials of
the Library of Congress and the National Archives shall allow
access by the petitioner to the resources, records, and
documents of those entities, for the purpose of conducting
research and preparing evidence concerning the status of the
petitioner.
(b) Consideration.--
(1) In general.--Except as otherwise provided in this
subsection, petitions submitted or transferred to the
Commission shall be considered on a first come, first served
basis, determined by the date of the original filing of each
such petition with the Commission (or the Department if the
petition is transferred to the Commission pursuant to section
5(a) or is an amended petition submitted pursuant to section
6(a)(2)(B)). The Commission shall establish a priority register
that includes petitions that are pending before the Department
on the date of enactment of this Act.
(2) Priority consideration.--Each petition (that is
submitted or transferred to the Commission pursuant to section
5(a) or that is submitted to the Commission pursuant to section
6(a)(2)(B)) of an Indian group that meets 1 or more of the
requirements set forth in section 5(c) shall receive priority
consideration over a petition submitted by any other Indian
group.
SEC. 8. PRELIMINARY HEARING.
(a) In General.--Not later than 60 days after the receipt of a
documented petition by the Commission submitted or transferred under
section 5(a) or submitted to the Commission pursuant to section
6(a)(2)(B), 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) In general.--Not later than 30 days after the
conclusion of a preliminary hearing under subsection (a), the
Commission shall make a determination--
(A) to extend Federal acknowledgment of the
petitioner as an Indian tribe to the petitioner; or
(B) that provides that the petitioner should
proceed to an adjudicatory hearing.
(2) Notice of determination.--The Commission shall publish
in the Federal Register a notice of each determination made
under paragraph (1).
(c) Information To Be Provided Preparatory to an Adjudicatory
Hearing.--
(1) In general.--If the Commission makes a determination
under subsection (b)(1)(B) that the petitioner should proceed
to an adjudicatory hearing, the Commission shall--
(A)(i) make available appropriate evidentiary
records of the Commission to the petitioner to assist
the petitioner in preparing for the adjudicatory
hearing; and
(ii) include such guidance as the Commission
considers necessary or appropriate to assist the
petitioner in preparing for the hearing; and
(B) not later than 30 days after the conclusion of
the preliminary hearing under subsection (a), provide a
written notification to the petitioner that includes a
list of any deficiencies or omissions that the
Commission relied on in making a determination under
subsection (b)(1)(B).
(2) Subject of adjudicatory hearing.--The list of
deficiencies and omissions provided by the Commission to a
petitioner under paragraph (1)(B) shall be the subject of the
adjudicatory hearing. The Commission may not make any additions
to the list after the Commission issues the list.
SEC. 9. ADJUDICATORY HEARING.
(a) In General.--Not later than 180 days after the conclusion of a
preliminary hearing under section 8(a), the Commission shall afford a
petitioner who is subject to section 8(b)(1)(B) an adjudicatory
hearing. The subject of the adjudicatory hearing shall be the list of
deficiencies 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.--In any hearing held under
subsection (a), the Commission may require testimony from the
acknowledgement and research staff of the Commission or other
witnesses. Any such testimony shall be subject to cross-examination by
the petitioner.
(c) Evidence by Petitioner.--In any hearing held under subsection
(a), the petitioner may provide such evidence as the petitioner
considers appropriate.
(d) Determination by Commission.--Not later than 60 days after the
conclusion of any hearing held under subsection (a), the Commission
shall--
(1) make a determination concerning the extension or denial
of Federal acknowledgment of the petitioner as an Indian tribe
to the petitioner;
(2) publish the determination of the Commission 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.--Not later than 60 days after the date that the
Commission publishes a determination 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 an appeal made
under subsection (a), the petitioner shall be eligible for an award of
reasonable attorney fees and costs under section 504 of title 5, United
States Code, or section 2412 of title 28, United States Code, whichever
is applicable.
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 reservation existed
before the recognition of that Indian group, or as that
reservation may exist thereafter;
(2) any property right held in trust or recognized by the
United States for that 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 in trust by the
United States for that other Indian tribe before the
recognition by the Federal Government of that Indian group as
an Indian tribe.
SEC. 12. IMPLEMENTATION OF DECISIONS.
(a) Eligibility for Services and Benefits.--
(1) In general.--Subject to paragraph (2), upon recognition
by the Commission of a petitioner as an Indian tribe under this
Act, the Indian tribe shall--
(A) 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-government
relationship with the United States; and
(B) have the responsibilities, obligations,
privileges, and immunities of those Indian
tribes.
(2) Programs of the bureau.--
(A) In general.--The recognition of an Indian group
as an Indian tribe by the Commission under this Act
shall not create an immediate entitlement to programs
of the Bureau in existence on the date of the
recognition.
(B) Availability of programs.--
(i) In general.--The programs described in
subparagraph (A) shall become available to the
Indian tribe upon the appropriation of funds.
(ii) Requests for appropriations.--The
Secretary and the Secretary of Health and Human
Services shall forward budget requests for
funding the programs for the Indian tribe
pursuant to the needs determination procedures
established under subsection (b).
(b) Needs Determination and Budget Request.--
(1) In general.--Not later than 180 days after an Indian
group is recognized by the Commission as an Indian 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 tribe and a recommended budget required
to serve the newly recognized Indian tribe.
(2) Submission of budget request.--Upon receipt of the
information described in paragraph (1), the appropriate
Secretary shall submit to the President a recommended budget
along with recommendations, concerning 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. 13. ANNUAL REPORT CONCERNING COMMISSION'S ACTIVITIES.
(a) List of Recognized Tribes.--Not later than 90 days after the
first meeting of the Commission, and annually on or before each January
30 thereafter, the Commission shall publish in the Federal Register a
list of all Indian tribes that--
(1) are recognized by the Federal Government; and
(2) receive services from the Bureau.
(b) Annual Report.--
(1) In general.--Beginning on the date that is 1 year after
the date of enactment of this Act, and annually thereafter, the
Commission shall prepare and submit a report to the Committee
on Indian Affairs of the Senate and the Committee on Resources
of the House of Representatives that describes the activities
of the Commission.
(2) Content of reports.--Each report submitted under this
subsection shall include, at a minimum, for the year that is
the subject of the report--
(A) the number of petitions pending at the
beginning of the year and the names of the petitioners;
(B) the number of petitions received during the
year and the names of the petitioners;
(C) the number of petitions the Commission approved
for acknowledgment during the year and the names of the
acknowledged petitioners;
(D) the number of petitions the Commission denied
for acknowledgment during the year and the names of the
petitioners; and
(E) the status of all pending petitions on the date
of the report and the names of the petitioners.
SEC. 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.
The district court shall issue such orders (including writs of
mandamus) as may be necessary to enforce the provisions of this Act.
SEC. 15. 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. 16. GUIDELINES AND ADVICE.
(a) Guidelines.--Not later than 90 days after the date of enactment
of this Act, the Commission shall make available to Indian groups
suggested guidelines for the format of petitions, including general
suggestions and guidelines concerning where and how to research
information that is required to be included in a 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 petitioner. The Commission shall not be responsible
for conducting research on behalf of the petitioner.
SEC. 17. ASSISTANCE TO PETITIONERS.
(a) Grants.--
(1) In general.--The Secretary of Health and Human Services
may award grants to Indian groups seeking Federal recognition
as Indian tribes to enable the Indian groups to--
(A) conduct the research necessary to substantiate
petitions under this Act; and
(B) prepare documentation necessary for the
submission of a 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. 18. AUTHORIZATION OF APPROPRIATIONS.
(a) Commission.--There are authorized to be appropriated to the
Commission to carry out this Act (other than section 17) such sums as
are necessary for each of fiscal years 2001 through 2009.
(b) Secretary of HHS.--To carry out section 17, there are
authorized to be appropriated to the Department of Health and Human
Services for the Administration for Native Americans such sums as are
necessary for each of fiscal years 2001 through 2009.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2659-2660)
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 106-569.
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
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