[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2997 Introduced in House (IH)]


104th CONGRESS
  2d Session
                                H. R. 2997

 To establish certain criteria for administrative procedures to extend 
 Federal recognition to certain Indian groups, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 29, 1996

 Mr. Metcalf introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To establish certain criteria 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. PRECLUSION OF CERTAIN RECOGNITION PETITIONS.

    No Indian group, which has submitted a petition for Federal 
recognition as an Indian tribe to the Secretary of the Interior, shall 
be eligible for such recognition if--
            (1) such group--
                    (A) was a party to, or attempted to intervene in, 
                any action in a United States court of competent 
                jurisdiction in which such group claimed status as an 
                Indian tribe or as a successor-in-interest to an Indian 
                tribe that was a party to a treaty with the United 
                States; and
                    (B) was determined by such court--
                            (i) not to be an Indian tribe;
                            (ii) not to have maintained an organized 
                        tribal structure, or
                            (iii) not to be a successor-in-interest to 
                        an Indian tribe that was a party to a treaty 
                        with the United States; and
            (2) a federally recognized Indian tribe was a party to such 
        action in opposition to the claim of any such group.

SEC. 2. GEOGRAPHIC CONCENTRATION.

    In the consideration of any petition by an Indian group for Federal 
recognition as an Indian tribe, the Secretary of the Interior shall 
require, in addition to any other requirements for recognition under 
administrative regulations, a showing that a majority of the membership 
of the petitioning group lives, and since historical times has lived, 
concentrated in a specific geographic settlement area or areas viewed 
as American Indian, and distinct from other populations in the area or 
areas.

SEC. 3. STANDING.

    (a) In General.--Any federally recognized Indian tribe within the 
State in which a petitioning Indian group resides--
            (1) shall have standing to participate as a party in all 
        administrative proceedings and hearings on a petition by such 
        group for Federal recognition as an Indian tribe,
            (2) shall be entitled to obtain from the Secretary of the 
        Interior, and respond to, all evidence supporting the petition, 
        and
            (3) shall have a right to appeal a final decision of the 
        Secretary on such petition to the Federal District Court for 
        the district in which the petitioner resides.
    (b) Limited Waiver of Sovereign Immunity.--In any appeal under 
subsection (a) of a final decision of the Secretary extending Federal 
recognition to a petitioning Indian group, the newly recognized 
petitioners shall not have sovereign immunity to being joined as a 
party in such appeal.

SEC. 4. APPLICATION OF PROVISIONS.

    The provisions of this Act shall apply to any petition pending 
before the Secretary of the Interior on the date of enactment of this 
Act, notwithstanding the stage