[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2549 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2549

To establish administrative procedures to extend Federal recognition to 
                         certain Indian groups.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 1993

   Mr. Faleomavaega (for himself and Mr. Abercrombie) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To establish administrative procedures to extend Federal recognition to 
                         certain Indian groups.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Assistant Secretary'' means the Assistant 
        Secretary of the Interior for Indian Affairs.
            (2) The term ``autonomous'' means having its own tribal 
        council, internal process, or other organizational mechanism 
        which the Indian group has used as its own means of making 
        decisions independent of the control of any other Indian 
        governing entity. Autonomous must be understood in the context 
        of the culture and social organization of that Indian group.
            (3) The term ``Bureau'' means the Bureau of Indian Affairs 
        of the Department of the Interior.
            (4) The term ``community'' means any people living within 
        such a reasonable proximity as to allow group interaction and a 
        maintenance of tribal relations.
            (5) The term ``continuously'' means extending from 
        generation to generation throughout the Indian group's history 
        essentially without interruption.
            (6) The term ``Department'' means the Department of the 
        Interior.
            (7) The term ``historical'' means dating back to the 
        earliest documented contact between--
                    (A) the aboriginal Indian group from which the 
                petitioners descended; and
                    (B) citizens or officials of the United States, 
                colonial or territorial governments, or if relevant, 
                citizens and officials of foreign governments from 
                which the United States acquired territory.
            (8) The term ``Indian group'' means any Indian entity 
        that--
                    (A) is located within any of the States of the 
                United States; and
                    (B) is not recognized by the Secretary of the 
                Interior to be an Indian tribe.
            (9) The term ``Indian tribe'' means any Indian entity 
        that--
                    (A) is located within any of the States of the 
                United States; and
                    (B) is recognized by the Secretary of the Interior 
                to be an Indian tribe.
            (10) The term ``Indian tribe acknowledgment regulations'' 
        means part 83 of title 25, Code of Federal Regulations and 
        former part 54 of title 25, Code of Federal Regulations.
            (11) The term ``indigenous'' means native to the area that 
        constitutes the continental United States in that at least part 
        of the group's aboriginal range extended into what is now the 
        area that constitutes the continental United States.
            (12) The term ``member of an Indian group'' means an 
        individual who is recognized by an Indian group as meeting its 
        membership criteria and who consents to being listed as a 
        member of that group.
            (13) The term ``member of an Indian tribe'' means an 
        individual who--
                    (A) meets the membership requirements of the Indian 
                tribe, as set forth in its governing document or 
                recognized collectively by those persons comprising the 
                governing body of the Indian tribe; and
                    (B) has continuously maintained tribal relations 
                with the Indian tribe or is listed on the tribal rolls 
                of that Indian tribe as a member, if such rolls are 
                maintained.
            (14) The term ``other party'' means any affected person or 
        organization other than the petitioner who submits comments or 
        evidence in support of, or in opposition to, a petition.
            (15) The term ``a petition'' means a petition submitted to 
        the Secretary under section 3.
            (16) The term ``petitioner'' means any entity which has 
        submitted, or submits, a petition to the Secretary requesting 
        recognition that the entity is an Indian tribe.
            (17) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 2. APPROVAL AND RATIFICATION OF PRIOR DECISIONS.

    All final decisions made prior to the date of enactment of this Act 
under Indian tribe acknowledgment regulations are hereby approved and 
ratified. Such approval and ratification shall not prejudice the rights 
of any petitioner or other party in any judicial review of such final 
decision.

SEC. 3. PETITIONS FOR RECOGNITION.

    (a) In General.--Any Indian group that is indigenous and ethnically 
and culturally identifiable (including any Indian group whose 
relationship with the Federal Government was terminated by statute) may 
submit to the Secretary, during the 6-year period beginning on the date 
of enactment of this Act, a petition requesting that the Secretary 
recognize that the Indian group is an Indian tribe. The Secretary shall 
not recognize as an Indian tribe any Indian group that does not submit 
such a petition during such time period.
    (b) Applicability.--The provisions of this Act shall not apply to--
            (1) any Indian tribe, organized band, pueblo or community 
        which is already recognized by the Secretary to be an Indian 
        tribe and is receiving services from the Bureau;
            (2) any association, organization, corporation, or group of 
        any character formed in recent times, except a group meeting 
        the requirements of subsection (c) which has recently 
        incorporated or otherwise formalized its existing autonomous 
        process;
            (3) any splinter group, political faction, community, or 
        group of any character which separates from the main body of an 
        Indian tribe that, at the time of such separation, is 
        recognized as being an Indian tribe by the Secretary, unless it 
        can be clearly established that the group, faction, or 
        community has functioned throughout history until the present 
        as an autonomous Indian tribal entity;
            (4) any Indian group that, in any action in a United States 
        court to which the United States or any recognized Indian tribe 
        was a party, has previously attempted to establish its status 
        as an Indian tribe or as the successor-in-interest to an Indian 
        tribe that was a party to a treaty with the United States; 
        and--
                    (A) was determined by such court not to be an 
                Indian tribe;
                    (B) was determined by such court not to be a 
                successor-in-interest to an Indian tribe that was a 
                party to a treaty with the United States;
                    (C) was the subject of a determination by such 
                court that the group has not maintained an organized 
                tribal structure in a political sense; or
                    (D) was the subject of findings of fact by such 
                court which, if made in the administrative recognition 
                process, would prevent the group from satisfying one or 
                more of the criteria for recognition in this Act; and
            (5) any Indian group that, prior to the date of enactment 
        of this Act, petitioned for, and was denied or refused 
        recognition or acknowledgment as an Indian tribe in a final 
        determination made under Indian tribe acknowledgment 
        regulations.
    (c) Requirements of Petition.--Any petition submitted under 
subsection (a) by an Indian group shall be in a readable form which 
clearly indicates that it is a petition requesting the Secretary to 
recognize that the Indian group is an Indian tribe and shall contain 
each of the following:
            (1) A statement of facts establishing that the petitioner 
        has been identified from historical times until the present, on 
        a substantially continuous basis, as Indian or aboriginal. A 
        petitioner shall not fail to satisfy any requirement of this 
        subsection merely because of fluctuations of tribal activity 
        during various years. Evidence to be relied upon in determining 
        the substantially continuous Indian identity of the petitioner 
        shall include one or more of the following:
                    (A) Repeated identification of the petitioner by 
                Federal authorities.
                    (B) Longstanding relationships of the petitioner 
                with State governments based on identification of the 
                petitioner as an Indian group.
                    (C) Repeated dealings of the petitioner with a 
                county, parish, or other local government in a 
                relationship based on the Indian identity of the 
                petitioner.
                    (D) Identification of the petitioner as an Indian 
                group by records in courthouses, churches, or schools.
                    (E) Identification of the petitioner as an Indian 
                group by anthropologists, historians, or other 
                scholars.
                    (F) Repeated identification of the petitioner as an 
                Indian group in newspapers and books.
                    (G) Repeated identification of the petitioner as an 
                Indian group by, and dealings of the petitioner as an 
                Indian group with, Indian tribes or recognized national 
                Indian organizations.
            (2) Evidence that--
                    (A) a substantial portion of the membership of the 
                petitioner lives in a community viewed as Indian and 
                distinct from other populations in the area;
                    (B) all members of the petitioner are descendants 
                of an Indian group which historically inhabited a 
                specific area and of which the petitioner claims to be 
                the successor-in-interest; and
                    (C) the membership of the petitioner is composed 
                principally of persons who are not members of any other 
                Indian tribe.
            (3) A statement of facts which establishes that the 
        petitioner has maintained tribal political influence or other 
        authority over its members as an autonomous entity throughout 
        its history until the present.
            (4) A statement of facts establishing the specific 
        territory over which the petitioner, throughout its history 
        until the present, has maintained tribal political influence.
            (5) A copy of the present governing document of the 
        petitioner or, in the absence of a written document, a 
        statement describing in full the membership criteria of the 
        petitioner and the procedures through which the petitioner 
        currently governs its affairs and members.
            (6) A list of all known current members of the petitioner 
        and a copy of each available former list of members based on 
        the petitioner's own defined criteria. The membership must 
        consist of individuals who have established, using evidence 
        acceptable to the Secretary, descendancy from an Indian group 
        which existed historically or from historical Indian groups 
        which combined and functioned as a single autonomous entity. 
        Evidence acceptable to the Secretary of tribal membership for 
        this purpose includes (but is not limited to)--
                    (A) descendancy rolls prepared by the Secretary for 
                the petitioner for purposes of distributing claims 
                money, providing allotments, or other purposes;
                    (B) State, Federal, or other official records or 
                evidence identifying present members of the petitioner, 
                or ancestors of present members of the petitioner, as 
                being an Indian descendant and a member of the 
                petitioner;
                    (C) church, school, and other similar enrollment 
                records indicating membership in the petitioner;
                    (D) affidavits of recognition by tribal elders, 
                leaders, or the tribal governing body as being an 
                Indian descendant of the Indian group and a member of 
                the petitioner; and
                    (E) other records or evidence identifying the 
                person as a member of the petitioner.

SEC. 4. NOTICE OF RECEIPT OF PETITION.

    (a) Notice and Publication.--Within 30 days after a petition is 
submitted to the Secretary under section 3(a), the Assistant Secretary 
shall--
            (1) send an acknowledgment of receipt in writing to the 
        petitioner; and
            (2) have published in the Federal Register a notice of such 
        receipt including--
                    (A) the name, location, and mailing address of the 
                petitioner and other information that identifies the 
                petitioner;
                    (B) the date the petition was received by the 
                Secretary; and
                    (C) the location where a copy of the petition may 
                be examined.
    (b) Notice to State.--The Assistant Secretary shall notify, in 
writing, the Governor and attorney general of any State in which a 
petitioner resides.
    (c) Notice to Tribes.--The Assistant Secretary shall notify, in 
writing, all federally recognized tribes located within the State in 
which a petitioner resides.
    (d) Publication in Newspaper.--The Assistant Secretary shall 
publish notice of receipt of the petition in a major newspaper of 
general circulation in the town or city nearest the location of the 
petitioner.
    (e) Opportunity for Comment.--(1) The notice described in 
subsection (d) shall include, in addition to the information described 
in subsection (a), notice of opportunity for other parties to submit 
evidence and factual or legal arguments in support of, or in opposition 
to, the petition.
    (2) Any submissions received by the Assistant Secretary under 
paragraph (1) shall be made available to the petitioner and the 
petitioner shall be provided an opportunity to respond prior to a 
determination on the petition by the Assistant Secretary.

SEC. 5. PROCESSING.

    (a) Applicability of Act.--(1) Upon receipt of a petition, the 
Assistant Secretary shall conduct a review to determine whether, under 
the criteria set forth in section 3(b), the provisions of this Act are 
applicable to the petitioner.
    (2) If the Assistant Secretary determines that the provisions of 
this Act are not applicable to the petitioner, the Assistant Secretary 
shall, not later than 30 days after the receipt of a petition--
            (A) publish a summary of such determination in the Federal 
        Register;
            (B) deliver a copy of such determination and summary to the 
        petitioner; and (c) (see next page)
    (b) Review.--(1) If the Assistant Secretary determines under 
subsection (a) that the provisions of this Act are applicable to the 
petitioner, the Assistant Secretary shall conduct a review to determine 
whether the petitioner is entitled to be recognized as an Indian tribe.
    (2) The review conducted under paragraph (1) shall include 
consideration of the petition, supporting evidence, and the factual 
statements contained in the petition.
    (3) The Assistant Secretary may also initiate other research for 
any purpose relative to analyzing the petition and obtaining additional 
information about the petitioner's status and may consider any evidence 
which may be submitted by other parties.
    (c) Notification of Obvious Deficiencies or Omissions.--Prior to 
actual consideration of the petition and by no later than the date that 
is three months after the date on which the petition is submitted to 
the Secretary, the Assistant Secretary shall notify the petitioner of 
any obvious deficiencies, or significant omissions, that are apparent 
upon an initial review of the petition and provide the petitioner with 
an opportunity to withdraw the petition for further work or to submit 
additional information or clarification.
    (d) Priority of Processing.--(1) Except as otherwise provided in 
this subsection, petitions shall be considered on a first come, first 
served basis, determined by the date of the original filing of the 
petition with the Secretary. The Assistant Secretary shall establish a 
priority register including those petitions pending before the 
Department.
    (2) Petitions that are submitted to the Secretary by Indian groups 
whose relationship with the Federal Government was terminated by a 
statute--
            (A) shall receive priority consideration over petitions 
        submitted by any other Indian groups; and
            (B) shall be considered on an expedited basis.
            (C) send to petitioner
                    (i) the date on which the petition was received; 
                and
                    (ii) the name, office address, and office telephone 
                number of the primary Bureau staff member reviewing the 
                petition, the backup to this staff member, and the 
                supervisor of this staff member.

SEC. 6. PROPOSED FINDINGS AND DETERMINATION.

    (a) Proposed Findings.--(1) Not later than 1 year after the 
petition is filed the Assistant Secretary shall issue proposed findings 
on the petition and shall publish such proposed findings in the Federal 
Register.
    (2) The Assistant Secretary may delay making proposed findings on a 
petition for 90 days upon a showing of due cause to the petitioner.
    (3) In addition to the proposed findings, the Assistant Secretary 
shall prepare a report on each petition which summarizes the evidence 
supporting the proposed findings. Copies of such report and supporting 
evidence shall be available to the petitioner and to other parties upon 
written request.
    (4) Upon publication of the proposed findings under paragraph (1), 
any individual or organization wishing to challenge the proposed 
findings shall have a response period of 120 days to present factual or 
legal arguments and evidence to rebut the evidence upon which the 
proposed findings are based. Upon a showing of good cause, the 
Assistant Secretary may extend such response period for not more than 
30 additional days.
    (b) Determination.--(1) After consideration of any written 
arguments and evidence submitted to rebut the proposed findings made 
under subsection (a)(1), the Assistant Secretary shall make a 
determination, on behalf of the Secretary, of whether the petitioner is 
recognized by the Secretary to be an Indian tribe.
    (2) The determination required under paragraph (1) shall be made, a 
summary of the determination published in the Federal Register, and a 
copy of the determination and summary delivered to the petitioner and 
other involved parties, by no later than the date that is 60 days after 
the close of the response period described in subsection (a)(4).
    (3) A determination made under paragraph (1) shall become final on 
the date that is 60 days after the date on which the summary of the 
determination is published under paragraph (2) unless the determination 
is appealed under section 8.
    (c) Recognition as Indian Tribe.--(1) In making the proposed 
findings and determination under this section with respect to any 
petition, the Assistant Secretary shall decide to recognize the 
petitioner on behalf of the Secretary as an Indian tribe only if the 
petition meets all the requirements of section 3.
    (2) A determination made under this Act to recognize an Indian 
group as an Indian tribe shall not--
            (A) have the effect of depriving or diminishing the right 
        of any other Indian tribe to govern and enjoy the benefits of 
        its treaty reserved resources or its reservation and 
        reservation resources as such resources or reservation existed 
        prior to such determination; or
            (B) have the effect of depriving or diminishing any 
        property right held in trust or recognized by the United States 
        for such other Indian tribe prior to such determination.
    (d) Determination of Nonrecognition.--If the Assistant Secretary 
determines under subsection (b)(1) that the petitioner should not be 
recognized to be an Indian tribe, the Assistant Secretary shall analyze 
and forward to the petitioner other options, if any, under which 
application for services and other benefits of the Bureau may be made.

SEC. 7. TIME LIMIT FOR DEPARTMENTAL ACTION.

    If the Assistant Secretary has not published a summary of a 
determination made under section 6(b) with respect to a petition before 
the date that is 90 days after the date on which the petition was 
submitted to the Secretary, the petitioner shall be entitled to 
mandamus relief requiring the Assistant Secretary to complete the 
review and determination required by this Act with due diligence.

SEC. 8. APPEALS.

    (a) Reconsideration and Final Determination.--(1) The determination 
made by the Assistant Secretary under section 5(a) and section 6(b) 
shall be final for the Department unless the Secretary requests the 
Assistant Secretary to reconsider such determination within 60 days of 
publication of the decision.
    (2) If the Secretary recommends reconsideration, the Assistant 
Secretary shall promptly notify the petitioner and all other involved 
parties of such reconsideration and the reasons for such 
reconsideration.
    (3) In reconsidering a determination, the Assistant Secretary shall 
consult with the Secretary, review the initial determination, and, not 
later than 30 days after the request for reconsideration, make a final 
determination, a summary of which shall be published in the Federal 
Register and a copy of which shall be delivered to the petitioner. Such 
determination shall be final and effective upon publication.
    (b) Information Considered.--The Secretary may, when considering 
the Assistant Secretary's determination, review any information 
available, whether formally part of the record or not. In any case in 
which reliance is placed by the Secretary on information not of record, 
such information shall be identified as to source and nature and 
inserted in the record.
    (c) Reconsideration Required.--The Secretary may request 
reconsideration of any decision by the Assistant Secretary but shall 
request reconsideration of any decision for which significant new 
evidence has been received subsequent to the publication of the 
decision.

SEC. 9. JUDICIAL REVIEW.

    (a) In General.--By no later than 180 days after the date of a 
final determination by the Department on the merits of a petition for 
recognition, and not otherwise, the petitioner or any other party may 
petition for judicial review under chapter 7 of title 5, United States 
Code.
    (b) Fees and Costs.--If the petitioner prevails in the judicial 
review of the final Department action on the petition, petitoner shall 
be eligible for an award of attorney fees and costs under the 
provisions of section 2412 of title 28, United States Code.

SEC. 10. IMPLEMENTATION OF DECISIONS.

    (a) Eligibility and Obligations.--Upon recognition by the Secretary 
that the petitioner is an Indian tribe, the Indian tribe shall be 
eligible for services and benefits from the Federal Government that are 
available to other federally recognized tribes and entitled to the 
privileges and immunities available to other federally recognized 
Indian tribes by virtue of their status as Indian tribes with a 
government-to-government relationship to the United States, as well as 
having the responsibilities and obligations of such Indian tribes. Such 
recognition shall subject the Indian tribes to the same authority of 
Congress and the United States to which other federally recognized 
tribes are subject.
    (b) No Entitlement Created.--While the Indian tribes that are newly 
recognized under this Act shall be eligible for benefits and services, 
recognition of the Indian tribe under this Act shall not create an 
immediate entitlement to existing programs of the Bureau. Such programs 
shall become available upon appropriation of funds by law. Requests for 
appropriations shall follow a determination of the needs of the newly 
recognized Indian tribe.
    (c) Budget Recommendations.--Within 180 days after an Indian tribe 
is recognized under this Act, the appropriate area office of the Bureau 
shall consult and develop in cooperation with the Indian tribe, and 
forward to the Assistant Secretary, a determination of the needs of the 
Indian tribe and a recommended budget required to serve the newly 
recognized Indian tribe. The recommended budget shall be considered 
along with other recommendations by the Assistant Secretary in the 
usual budget-request process.

SEC. 11. LIST OF RECOGNIZED INDIAN TRIBES.

    By no later than the date that is 90 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
publish in the Federal Register a current list of all Indian tribes 
which are recognized by the Federal Government and receiving services 
from the Bureau.

SEC. 12. NOTICE.

    Any notice which by the terms of this Act must be published in the 
Federal Register, shall also be mailed to the petitioner, the governors 
and attorney generals of the States involved, and to other parties 
which have commented on the proposed findings.

SEC. 13. GUIDELINES AND ADVISEMENT.

    (a) Guidelines.--By no later than the date that is 90 days after 
the date of enactment of this Act, the Secretary shall make available 
suggested guidelines for the format of petitions, including general 
suggestions and guidelines regarding the mechanics of researching the 
information required to substantiate petitions. Such guidelines shall 
not preclude the use of any other format.
    (b) Advisement.--The Assistant Secretary shall, upon request by the 
petitioner, provide advisement regarding research into such 
petitioner's historical background and Indian identity. The Assistant 
Secretary shall not be responsible for actual research on behalf of the 
petitioner.

SEC. 14. ASSISTANCE IN PREPARING PETITIONS.

    (a) In General.--(1) The Commissioner of the Administration for 
Native Americans of the Department of Health and Human Services may 
award grants to Indian groups seeking Federal recognition to enable the 
Indian groups to--
            (A) conduct the research necessary to substantiate 
        petitions under this Act; and
            (B) prepare documentation necessary for the submission of a 
        petition under this Act.
    (2) The grants made under this subsection shall be in addition to 
any other grants the Commissioner of the Administration for Native 
Americans is authorized to provide under any other provision of law.
    (b) Criteria for Assistance.--Grants provided under subsection (a) 
shall be awarded competitively based on objective criteria prescribed 
by regulation by the Commissioner of the Administration for Native 
Americans.

SEC. 15. REGULATIONS.

    The Secretary is authorized to prescribe such regulations as may be 
necessary to carry out the provisions and purposes of this Act.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

    (a) Department of the Interior.--There is authorized to be 
appropriated to the Secretary $1,500,000 for the fiscal year in which 
this Act is enacted and for each of the 12 succeeding fiscal years to 
carry out this Act.
    (b) Department of Health and Human Services.--There is authorized 
to be appropriated to the Secretary of Health and Human Services for 
the Administration for Native Americans $500,000 for the fiscal year in 
which this Act is enacted and for each of the 12 succeeding fiscal 
years to carry out section 14.

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HR 2549 IH----2