Requires prompt review by the Secretary of the Interior of the long-standing petitions for Federal recognition of certain eligible Indian tribes. Requires the Secretary to publish final determinations with respect to such petitions within one year after enactment of this Act.
Prescribes a procedure for potentially eligible tribes to opt into the expedited procedure for proposed findings and final determinations under this Act. Authorizes such a tribe to seek a recognition determination in the appropriate U.S. district court if the Secretary fails to publish a proposed finding or a final determination by the end of specified time periods. Requires the court, in any such action, to treat such failure by the Secretary as final agency action. Authorizes a tribe also to seek review in such a court of any adverse final determination by the Secretary.
Prohibits the processing of any other petitions for recognition as an Indian tribe until the Secretary has published a proposed finding with respect to the petition of each eligible tribe as required by this Act, except those listed as having a status of "Active" or "In Post-Final Decision Appeal Process" by the Department of the Interior on July 1, 2004.
Declares that nothing in this Act shall be construed to change the criteria established by the Department to determine whether or not a petitioner meets the requirements to be a federally recognized tribe.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5134 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 5134
To require the prompt review by the Secretary of the Interior of the
long-standing petitions for Federal recognition of certain Indian
tribes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2004
Mr. Pombo introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To require the prompt review by the Secretary of the Interior of the
long-standing petitions for Federal recognition of certain Indian
tribes, 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. PROMPT CONSIDERATION OF CERTAIN PETITIONS REQUESTING FEDERAL
RECOGNITION AS AN INDIAN TRIBE.
(a) Time Period for Proposed Finding.--Not later than 6 months
after the date of the enactment of this Act, the Secretary of the
Interior, or a designee of the Secretary, shall publish a proposed
finding with respect to the petition for Federal recognition of each
eligible tribe consistent with part 83 of title 25, Code of Federal
Regulations.
(b) Time Period for Final Determination.--Not later than one year
after the date of the enactment of this Act, the Secretary of the
Interior, or a designee of the Secretary, shall publish a final
determination with respect to the petition for Federal recognition of
each eligible tribe.
(c) Notification; Opt Out.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of the Interior, or a
designee of the Secretary, shall notify, in writing, all eligible
tribes of their inclusion in the expedited procedure for proposed
findings and final determinations under this Act. If, not later than 60
days after the date of the enactment of this Act, a petitioner notifies
the Secretary of the Interior, or a designee of the Secretary, in
writing, that the tribe elects to opt out of the expedited procedure,
the tribe shall not be considered an eligible tribe for the purposes of
this Act.
(d) Number of Members not a Factor.--The number of persons listed
on the membership roll contained in a petition for Federal recognition
of an eligible tribe shall not be taken into account in considering the
petition, except that the Secretary of the Interior, or a designee of
the Secretary, may review the eligibility of individual members or
groups listed in a petition in accordance with the provisions of part
83 of title 25, Code of Federal Regulations.
(e) Effect of Failure to Comply.--If the Secretary of the Interior,
or a designee of the Secretary, fails to publish a proposed finding
required by subsection (a) or a final determination required by
subsection (b) by the end of the time period required for the proposed
finding or final determination by such subsections, the relevant
eligible tribe may--
(1) treat such failure as final agency action refusing to
recognize the tribe as an Indian tribe; and
(2) seek in United States district court a determination of
whether the petitioner should be recognized as an Indian tribe
in accordance with the criteria specified in section 83.7 of
title 25, Code of Federal Regulations.
(f) Review of Adverse Decision.--If the final determination
required by subsection (b) refuses to recognize the tribe as an Indian
tribe, the tribe may seek, during the one-year period beginning on the
date on which the final determination is published, a review of the
determination in a United States district court notwithstanding the
availability of other administrative remedies.
(g) Consideration of Other Petitions.--Until the Secretary of the
Interior, or a designee of the Secretary, has published a proposed
finding with respect to the petition of each eligible tribe as required
under subsection (a), no other petition for recognition as an Indian
tribe may be processed except those listed as having a status of
``Active'' or ``In Post-Final Decision Appeal Process'' by the
Department of the Interior on July 1, 2004.
(h) No Change in Criteria.--Nothing in this Act shall be construed
to change the criteria established by the Department of the Interior to
determine whether or not a petitioner meets the requirements to be a
federally recognized tribe.
(i) Eligible Tribe.--For the purposes of this section, the term
``eligible tribe'' means a tribe that--
(1) has made an initial application for recognition as an
Indian tribe to the Department of the Interior before October
17, 1988; and
(2) is listed as having a status of ``Ready, Waiting for
Active Consideration'' by the Department of the Interior on
July 1, 2004.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Resources. H. Rept. 108-788.
Reported (Amended) by the Committee on Resources. H. Rept. 108-788.
Placed on the Union Calendar, Calendar No. 482.
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