Sets forth operating and documented petitioning procedures, including an opportunity for Indian groups denied recognition to a hearing under specified circumstances. Requires documented petitions to contain detailed, specific evidence, including: (1) statements of facts establishing that the petitioner has been identified as an American Indian entity on a substantially continuous basis since 1871, 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, and 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; (2) a copy of the petitioner's governing document or description of the petitioner's membership criteria and the petitioner's governing procedures; and (3) 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.
Provides for the protection of certain privileged information.
Authorizes the Secretary of Health and Human Services to award petition assistance grants.
Authorizes appropriations.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 504 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 504
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 9, 2001
Mr. Campbell (for himself, Mr. Inouye, and Mr. Bingaman) 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 Tribal Federal Recognition
Administrative Procedures Act of 2001''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) 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 Tribal
Recognition.
(2) To establish a Commission on Indian Tribal Recognition
to review and act upon documented petitions submitted by Indian
groups that apply for Federal recognition.
(3) To establish an administrative procedure under which
petitions for Federal recognition filed by Indian groups will
be considered.
(4) To provide clear and consistent standards of
administrative review of documented petitions for Federal
acknowledgment.
(5) To clarify evidentiary standards and expedite the
administrative review process by providing adequate resources
to process documented petitions.
(6) 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.
(7) 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.
(8) 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.
SEC. 3. DEFINITIONS.
In this Act:
(1) Acknowledgment.--The term ``acknowledgment'' means a
determination by the Commission on Indian Tribal Recognition
that an Indian group constitutes an Indian tribe with a
government-to-government relationship with the United States.
(2) 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,
the term shall be understood in the context of the
history, geography, culture, and social organization of
the petitioner.
(3) Bureau.--The term ``Bureau'' means the Bureau of Indian
Affairs of the Department.
(4) Commission.--The term ``Commission'' means the
Commission on Indian Tribal Recognition established under
section 4.
(5) Community.--
(A) In general.--The term ``community'' means any
group of people, living within a reasonable territory,
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.
(6) Continuous or continuously.--With respect to a period
of history of a group, the term ``continuous'' or
``continuously'' means extending from 1900 throughout the
history of the group to the present substantially without
interruption.
(7) Department.--The term ``Department'' means the
Department of the Interior.
(8) 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.
(9) Historically, historical, history.--The terms
``historically'', ``historical'', and ``history'' refer to the
period dating from 1900.
(10) Indian group.--The term ``Indian group'' means any
Indian band, pueblo, village, or community that is not
acknowledged to be an Indian tribe.
(11) Interested parties.--The term ``interested parties''
means any person, organization, or other entity who can
establish a legal, factual, or property interest in an
acknowledgment determination and who requests an opportunity to
submit comments or evidence or to be kept informed of Federal
actions regarding a specific petitioner. The term includes the
government and attorney general of the State in which a
petitioner is located, and may include, but is not limited to,
local governmental units, and any recognized Indian tribes and
unrecognized Indian groups that might be affected by an acknowledgement
determination.
(12) 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 documented petition for Federal
acknowledgment.
(13) Petitioner.--The term ``petitioner'' means any group
that submits a letter of intent to the Commission requesting
acknowledgment.
(14) 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.
(15) 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 administrative action
by the Executive Branch or legislation enacted by Congress
expressly terminating that status.
(16) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(17) 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 or the colonial government which was the
predecessor to the United States 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.
(18) 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.
SEC. 4. COMMISSION ON INDIAN TRIBAL RECOGNITION.
(a) Establishment.--There is established the Commission on Indian
Tribal 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
groups and Indian tribes; and
(ii) individuals who have a background or
who have demonstrated expertise and experience
in Indian law or policy, anthropology,
genealogy, or Native American history.
(C) Background information.--No individual shall be
eligible for any appointment to, or continue service on
the Commission, who--
(i) has been convicted of a felony; or
(ii) has any financial interest in, or
management responsibility for, any Indian
group.
(2) Political affiliation.--Not more than 2 members of the
Commission may be members of the same political party.
(3) Terms.--Each member of the Commission shall be
appointed for a term of 6 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 the 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 the first meeting of the
Commission.
(h) Appointments.--Notwithstanding any other provision of this Act,
the Secretary shall continue to exercise those authorities vested in
the Secretary relating to supervision of Indian recognition regulated
under part 83 of title 25 of the Code of Federal Regulations until such
time as the Commission is organized and prescribes regulations. The
Secretary shall provide staff and support assistance to facilitate an
orderly transition to regulation of Indian recognition by the
Commission.
SEC. 5. DOCUMENTED PETITIONS FOR RECOGNITION.
(a) In General.--
(1) Letters of intent and documented petitions.--Subject to
subsection (d) and except as provided in paragraph (3), any
Indian group may submit to the Commission letters of intent and
a documented petition requesting that the Commission recognize
the group as an Indian tribe.
(2) Hearing.--
(A) In general.--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
before the Commission, if the Commission determines
that the criteria established by this Act changes the
merits of the Indian group's documented petition
submitted to the Department.
(B) Hearing record.--For purposes of subparagraph
(A), the Commission shall review the administrative
record containing the documented petition that formed
the basis of the determination to the Indian group by
the Secretary.
(C) Treatment of secretary's final determination.--
For purposes of the adjudicatory hearing, the
Secretary's final determination shall be considered a
preliminary determination under section 8(b)(1)(B).
(D) Official government actions to be considered
concerning evidence of criteria.--A statement and an
analysis of facts submitted under this section may
establish that, for any given period of time for which
evidence of criteria is lacking, such absence of
evidence corresponds in time with official acts of the
Federal or relevant State Government which prohibited
or penalized the expression of Indian identity. For
such periods of time, the absence of evidence shall not
be the basis for declining to acknowledge the
petitioner.
(3) Exclusion.--The following groups and entities shall not
be eligible to submit a documented 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 the documented petition as an autonomous
Indian tribal entity.
(C) Certain groups that have previously submitted
documented 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 based on the merits of their
petition as an Indian tribe under regulations
prescribed by the Secretary (other than an Indian group
described in paragraph (2)(A)). Nothing in this
subparagraph shall be construed as excluding any group
that Congress has identified as Indian, but has not
identified as an Indian tribe.
(D) Indian groups subject to termination.--Any
Indian group whose relationship with the Federal
Government was expressly terminated by an Act of
Congress.
(4) Transfer of documented 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 documented petitions and letters of intent pending
before the Department that request the Secretary 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.
(C) Determination of order of submission of
transferred documented petitions.--Documented 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 documented petitions were submitted to
the Department.
(b) Documented Petition Form and Content.--Except as provided in
subsection (c), any documented petition submitted under subsection (a)
by an Indian group shall be in any readable form that clearly indicates
that the documented petition is a documented 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 and an
analysis of such facts establishing that the petitioner has
been identified as an American Indian entity on a substantially
continuous basis since 1900. 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 and an
analysis of such 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
criteria 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 criteria set forth in paragraph
(3).
(x) Extended kinship ties.--Not less than
50 percent of the tribal members exhibit
collateral kinship ties through generations to
the third degree.
(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 \1/3\ 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 50 percent 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 and an
analysis of such 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 documented 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
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.
(vi) Continuous line of group leaders.--A
continuous line of group leaders with a
description of the means of selection or
acquiescence by a majority of the group's
members.
(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 lineages 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
documented 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 based upon firsthand
experience of historians, anthropologists, and
genealogists with established expertise on the
petitioner or Indian entities in general,
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 documented 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 documented petition.
(d) Deadline for Submission.--
(1) Documented Petitions.--No Indian group may submit a
documented petition to the Commission after 8 years after the
date of the first meeting of the Commission.
(2) Letters of intent.--In the case of a letter of intent,
the Commission shall publish in the Federal Register a notice
of such receipt, including the name, location, and mailing
address of the petitioner. A petitioner who has submitted a
letter of intent or had a letter of intent transferred to the
Commission under section 5 shall be required to submit a
documented petition within 3 years after the date of the first
meeting of the Commission to the Commission. No letters of
intent will be accepted by the Commission after 3 years after
the date of the first meeting of the Commission.
SEC. 6. NOTICE OF RECEIPT OF DOCUMENTED PETITION.
(a) Petitioner.--
(1) In general.--Not later than 30 days after a documented
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 documented petition and the date the
documented petition was received by the
Commission;
(ii) indicates where a copy of the
documented petition may be examined; and
(iii) indicates whether the documented
petition is a transferred documented petition
that is subject to the special provisions under
paragraph (2).
(2) Special provisions for transferred documented
petitions.--
(A) In general.--With respect to a documented
petition that is transferred to the Commission under
section 5(a)(4), the notice provided to the petitioner,
shall, in addition to providing the information
specified in paragraph (1), inform the petitioner
whether the documented 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 120 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 documented 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 involved with the
petitioners to submit factual or legal arguments in
support of, or in opposition to, the documented
petition.
(B) Copy to petitioner.--A copy of any submission
made under subparagraph (A) shall be provided to the
petitioner within 90 days upon receipt by the
Commission.
(C) Response.--The petitioner shall be provided an
opportunity to respond within 90 days to any submission
made under subparagraph (A) before a determination on
the documented petition by the Commission.
SEC. 7. PROCESSING THE DOCUMENTED 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 documented
petition, supporting evidence, and the factual statements
contained in the documented 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 documented petition and
obtaining additional information about the status of
the petitioner; and
(B) consider such evidence as may be submitted by
interested 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, documented 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 documented petition with the Commission (or the
Department if the documented petition is transferred to the
Commission pursuant to section 5(a)(4) or is an amended
petition submitted pursuant to section 6(a)(2)(B)). The
Commission shall establish a priority register that includes
documented petitions that are pending before the Department as
of the date of the first meeting of the Commission.
(2) Priority consideration.--Each documented 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 documented 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,
which shall in no instance be held later than 180 days after receipt of
the documented petition. At the preliminary hearing, the petitioner and
any other interested 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 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) not later than 30 days after the date of
such determination, 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 sections 554, 556, and 557 of title 5, United
States Code.
(b) Testimony From Staff of Commission.--In any hearing held under
subsection (a), the Commission shall require testimony from the
acknowledgement and research staff of the Commission or other witnesses
involved in the preliminary determination. 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 the first meeting of the Commission, 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 documented petitions pending at
the beginning of the year and the names of the
petitioners;
(B) the number of documented petitions received
during the year and the names of the petitioners;
(C) the number of documented petitions the
Commission approved for acknowledgment during the year
and the names of the acknowledged petitioners;
(D) the number of documented petitions the
Commission denied for acknowledgment during the year
and the names of the petitioners; and
(E) the status of all pending documented 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 the first
meeting of the Commission, the Commission shall make available to
Indian groups suggested guidelines for the format of documented
petitions, including 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 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
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. 18. PROTECTION OF CERTAIN PRIVILEGED INFORMATION.
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 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)(4), 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. 19. 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 2002 through 2014.
(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 necessary for each of fiscal years 2002 through 2014.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2121)
Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S2121-2126)
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line