[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1154 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1154

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 1997

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Federal Recognition 
Administrative Procedures Act of 1997''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to establish an administrative procedure to extend 
        Federal recognition to certain Indian groups;
            (2) to extend to Indian groups which are determined to be 
        Indian tribes the protection, services, and benefits available 
        from the Federal Government pursuant to the Federal trust 
        responsibility;
            (3) to extend to Indian groups which are determined to be 
        Indian tribes the immunities and privileges available to other 
        federally-acknowledged Indian tribes by virtue of their status 
        as Indian tribes with a government-to-government relationship 
        with the United States;
            (4) to ensure that when the Federal Government extends 
        acknowledgment to an Indian tribe, it does so with a consistent 
        legal, factual and historical basis;
            (5) to establish a commission which will act in a 
        supporting role to petitioning groups applying for recognition;
            (6) to provide clear and consistent standards of 
        administrative review of documented petitions for Federal 
        acknowledgment;
            (7) to clarify evidentiary standards and expedite the 
        administrative review process by providing adequate resources 
        to process petitions; and
            (8) to remove the Federal acknowledgment process from the 
        Bureau of Indian Affairs and invest it in an independent 
        Commission on Indian Recognition.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``acknowledgment'' or ``acknowledged'' means a 
        determination by the Commission on Indian Recognition that an 
        Indian group constitutes an Indian tribe with a government-to-
        government relationship with the United States, and whose 
        members are recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians.
            (2) The term ``Bureau'' means the Bureau of Indian Affairs.
            (3) The term ``Commission'' means the Commission on Indian 
        Recognition established pursuant to section 4.
            (4) The term ``Department'' means the Department of the 
        Interior.
            (5) The term ``documented petition'' means the detailed, 
        factual exposition and arguments, including all documentary 
        evidence, necessary to demonstrate that these arguments 
        specifically address the mandatory criteria established in 
        section 5.
            (6) The term ``Indian group'' or ``group'' means any Indian 
        or Alaska Native tribe, band, pueblo, village or community 
        within the United States that the Secretary of the Interior 
        does not acknowledge to be an Indian tribe.
            (7) The term ``Indian tribe'' or ``tribe'' means any Indian 
        or Alaska Native tribe, band, pueblo, village or community 
        within the United States included on the Secretary of the 
        Interior's annual list of acknowledged tribes.
            (8) The term ``indigenous'' means native to the United 
        States in that at least part of the petitioner's traditional 
        territory extended into what is now the United States.
            (9) The term ``letter of intent'' means an undocumented 
        letter or resolution which is dated and signed by the governing 
        body of an Indian group and submitted to the Commission and 
        indicates the group's intent to submit a petition for Federal 
        acknowledgment as an Indian tribe.
            (10) The term ``member of an Indian group'' means an 
        individual who is recognized by an Indian group as meeting its 
        membership criteria.
            (11) The term ``member of an Indian tribe'' means an 
        individual who meets the membership requirements of the tribe 
        as set forth in its governing document or, in the absence of a 
        governing document which sets out these requirements, has been 
        recognized as a member collectively by those persons comprising 
        the tribal governing body; and has consistently maintained 
        tribal relations with the tribe or is listed on the tribal 
        membership rolls as a member, if such rolls are kept.
            (12) The term ``petition'' means a petition for 
        acknowledgment submitted or transferred to the Commission 
        pursuant to section 5 of this Act.
            (13) The term ``petitioner'' means any group which has 
        submitted a petition or letter of intent to the Commission 
        requesting acknowledgment that it is an Indian tribe or has a 
        petition or letter of intent transferred to the Commission 
        under section 5(a).
            (14) The term ``previous Federal acknowledgment'' means any 
        action by the Federal Government the character of which is 
        clearly premised on identification of a tribal political entity 
        and clearly indicates the recognition of a government-to-
        government relationship between that entity and the Federal 
        Government.
            (15) The term ``restoration'' means the reextension of 
        acknowledgment to any previously acknowledged tribe which may 
        have had its acknowledged status abrogated or diminished by 
        reason of congressional legislation expressly terminating that 
        status.
            (16) The term ``Secretary'' means the Secretary of the 
        Interior.
            (17) 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 government the 
                United States subsequently acquired territory by 
                purchase, conquest, annexation, or cession; or
                    (C) negotiated by the United States with, or on 
                behalf of, any Indian group, whether or not the treaty 
                was subsequently ratified.
            (18) The term ``tribal roll'' means a list exclusively of 
        those individuals who have been determined by the tribe to meet 
        the tribe's membership requirements as set forth in its 
        governing document or, in the absence of a governing document 
        setting forth those requirements, have been recognized as 
        members by the tribe's governing body. In either case, those 
        individuals on a tribal roll must have affirmatively 
        demonstrated consent to being listed as members.
            (19) The term ``United States'' means the 48 contiguous 
        States, Alaska and Hawaii; and does not include territories or 
        possessions.

SEC. 4. COMMISSION ON INDIAN RECOGNITION.

    (a) Establishment.--There is established, as an independent 
commission, the Commission on Indian Recognition.
    (b) Membership.--(1)(A) The Commission shall consist of three 
members appointed by the President, by and with the advice and consent 
of the Senate.
    (B) In making appointments to the Commission, the President shall 
give careful consideration to--
            (i) recommendations received from Indian tribes;
            (ii) recommendations from Indian groups and professional 
        organizations; and
            (iii) individuals who have a background in Indian law or 
        policy, anthropology, or history.
    (2) No more than two members of the Commission may be members of 
the same political party.
    (3)(A) Each member of the Commission shall be appointed for a term 
of four years, except as provided in subparagraph (B).
    (B) As designated by the President at the time of appointment, of 
the members first appointed--
            (i) one shall be appointed for a term of two years;
            (ii) one shall be appointed for a term of three years; and
            (iii) one shall be appointed for a term of four years.
    (4) Any vacancy in the Commission shall not affect its powers, 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 member's predecessor was appointed 
shall be appointed only for the remainder of that term. A member may 
serve after the expiration of that member's term until a successor has 
taken office.
    (5)(A) Each member of the Commission not otherwise employed by the 
United States Government 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, such member is engaged 
in the actual performance of duties authorized by the Commission.
    (B) Except as provided in subparagraph (C), a member of the 
Commission who is otherwise an officer or employee of the United States 
Government shall serve on the Commission without additional 
compensation, but such service shall be without interruption or loss of 
civil service status or privilege.
    (C) 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 home or their regular place of 
business, in accordance with subchapter I of chapter 57 of title 5, 
United States Code.
    (6) At the time appointments are made under paragraph (1), the 
President shall designate one of such appointees as Chairman of the 
Commission.
    (c) Meetings and Procedures.--(1) The Commission shall hold its 
first meeting no later than 30 days after the date on which all members 
of the Commission have been appointed and confirmed by the Senate.
    (2) Two members of the Commission shall constitute a quorum for the 
transaction of business.
    (3) The Commission may adopt such rules (consistent with the 
provisions of this Act) as may be necessary to establish its procedures 
and to govern the manner of its operations, organization, and 
personnel.
    (4) 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) Subject to such rules and 
regulations as may be adopted by the Commission, the Chairman of the 
Commission is authorized to--
            (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 such 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 Chairman deems 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 such title.
    (2) The Commission is authorized to--
            (A) hold such hearings and sit and act at such times;
            (B) take such testimony;
            (C) have such printing and binding done;
            (D) enter into such contracts and other arrangements, 
        subject to the availability of funds;
            (E) make such expenditures; and
            (F) take such other actions,
as the Commission may deem advisable. Any member of the Commission may 
administer oaths or affirmations to witnesses appearing before the 
Commission.
    (3)(A) The Commission is authorized to secure directly from any 
officer, department, agency, establishment, or instrumentality of the 
Federal Government such information as the Commission may require for 
the purpose of this Act, and each such officer, department, agency, 
establishment, or instrumentality is authorized and directed to 
furnish, to the extent permitted by law, such information, suggestions, 
estimates, and statistics directly to the Commission, upon request made 
by the Chairman of the Commission.
    (B) Upon the request of the Chairman of the Commission, the head of 
any Federal department, agency, or instrumentality is authorized to 
make any of the facilities and services of such department, agency, or 
instrumentality available to the Commission and detail any of the 
personnel of such department, agency, or instrumentality to the 
Commission, on a nonreimbursable basis, to assist the Commission in 
carrying out its duties under this section.
    (C) 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 shall not apply to the Commission.

SEC. 5. PETITIONS FOR RECOGNITION AND LETTERS OF INTENT.

    (a) In General.--(1) Any Indian group may submit to the Commission 
a petition requesting that the Commission recognize that the Indian 
group is an Indian tribe.
    (2) 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 of this Act, 
before the Commission. For purposes of the adjudicatory hearing, the 
Assistant Secretary's final determination shall be considered a 
preliminary determination under section 8(b)(1)(B) of this Act.
    (3) The provisions of this Act do not apply to the following groups 
or entities, which shall not be eligible for recognition under this 
Act--
            (A) Indian tribes, organized bands, pueblos, communities, 
        and Alaska Native entities which are recognized by the 
        Secretary as of the date of enactment of this Act as eligible 
        to receive services from the Bureau;
            (B) splinter groups, political factions, communities, or 
        groups of any character which separate from the main body of an 
        Indian tribe that, at the time of such separation, was 
        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 date of 
        such petition as an autonomous Indian group; and
            (C) any Indian group whose relationship with the Federal 
        Government was expressly terminated by an Act of Congress.
    (4)(A) No later than 30 days after the date on which all of the 
members of the Commission have been appointed and confirmed by the 
Senate, the Secretary shall transfer to the Commission all petitions 
pending before the Department. The Secretary shall also transfer all 
letters of intent previously received by the Department that request 
the Secretary, or the Federal Government, to recognize or acknowledge 
an Indian group as an Indian tribe, except those groups who request in 
writing that their petitions be retained by the Department.
    (B) On the date of such transfer, the Secretary and the Department 
shall cease to have any authority to recognize or acknowledge, on 
behalf of the Federal Government, any Indian group as an Indian tribe, 
except those groups that request in writing that their petitions be 
retained by the Department for final disposition.
    (C) Petitions and letters of intent transferred to the Commission 
under subparagraph (A) of this paragraph shall, for purposes of this 
Act, be considered as having been submitted to the Commission in the 
same order as they were submitted to the Department.
    (b) Petition Form and Content.--Except as provided in subsection 
(c), any petition submitted under subsection (a) by an Indian group 
shall be in any readable form that clearly indicates that the petition 
is one requesting the Commission to recognize the petitioning Indian 
group as an Indian tribe. Each petition shall contain specific evidence 
establishing criteria numbered (1), (2), and (3) below, and at least 
one of the criterion numbered (4), (5), (6), or (7) below:
            (1) The group has been identified as ``Indian, Native 
        American, or Aboriginal'' since at least 1934 and individual 
        members thereof have demonstrable Indian ancestry. Such 
        continuing Indian identification of the group may include 
        identification as a division of, combination of, or 
        confederation with, specific Indian tribes. Evidence that the 
        character of the group as Indian 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 and 
        the Indian ancestry of individual members thereof may include 
        any one or more of the following items:
                    (A) Identification as Indian by any department, 
                agency, or instrumentality of the Federal Government.
                    (B) Identification as Indian by the State 
                government where the group is principally located.
                    (C) Identification as Indian by a county or 
                political subdivision of the State where the group is 
                principally located.
                    (D) Identification as Indian by records in a 
                private or public archive, courthouse, church, or 
                school.
                    (E) Identification as Indian by anthropologists, 
                historians, or other scholars.
                    (F) Identification as Indian in newspapers, books, 
                or similar medium.
                    (G) Identification as Indian by another Indian 
                tribe or by a national, regional, or State Indian 
                organization.
                    (H) Identification as Indian by a foreign 
                government or an international organization.
                    (I) Other evidence of Indian identity that may be 
                provided by a person or entity other than the 
                petitioner or a member of the petitioning group.
            (2) The exercise of political authority or influence over 
        the members of the group since 1934 through a mechanism or 
        process for making group decisions:
                    (A) The Commission shall consider the petitioner to 
                have conclusively established this criterion if the 
                petitioner demonstrates any one of the following--
                            (i) the existence of political leaders with 
                        a description of means of selection,
                            (ii) more than 50 percent of the members of 
                        the group reside in a particular geographical 
                        area and the balance of the group maintains 
                        social interaction with some members of the 
                        group, or
                            (iii) not less than 50 percent of the 
                        marriages in the group are between members of 
                        the group.
                    (B) The provisions of the foregoing subparagraph 
                5(b)(2)(A) do not constitute the exclusive tests for 
                establishing this criterion. The Commission shall 
                examine and consider such other evidence as a 
                petitioner submits to reasonably satisfy this 
                criterion, without regard to a petitioner's failure to 
                address, the elements of the foregoing subparagraph 
                5(b)(2)(A).
            (3) A description of the group's current membership 
        criteria and a roll, showing full names, addresses, and birth 
        dates of members.
            (4) The existence of distinct social boundaries that 
        separate the group's current members from nonmembers.
            (5) The members of the group have exercised, with or 
        without Federal supervision or support, collective or communal 
        rights in land, funds, fishing, or subsistence activities.
            (6) The group retains evidence of or currently utilizes an 
        identified American Indian language or has customary rituals, 
        performances, or other activities or customs recognized as 
        markers of an Indian community.
            (7) Recognition of the group as an Indian tribe by the 
        State in which the group is principally located since 1934.
    (c) Petitions Claiming Previous Federal Recognition.--A petition 
from an Indian group that demonstrated that the group was, or is, the 
successor in interest to, a--
            (1) party to a treaty or treaties;
            (2) group acknowledged by an 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 
        lands into trust; or
            (4) group that has been denominated a tribe by an Act of 
        Congress or Executive order,
shall be required to establish contemporary political leadership, with 
a time depth limited to 10 years preceding the date of the petition.
    (d) Action by Commission.--The Commission shall recognize as an 
Indian tribe a petitioning group that demonstrates the criteria set out 
in subsection (b) or (c) herein by a preponderance of the evidence.

SEC. 6. NOTICE OF RECEIPT OF PETITION AND LETTERS OF INTENT.

    (a) Petitioner.--Within 30 days after a petition is submitted or 
transferred to the Commission under section 5(a), the Commission shall 
send an acknowledgement of receipt in writing to the petitioner and 
shall have published in the Federal Register a notice of such receipt, 
including the name, location, and mailing address of the petitioner and 
such other information that will identify the entity who submitted the 
petition and the date the petition was received by the Commission. The 
notice shall also indicate where a copy of the petition may be 
examined.
    (b) Letters of Intent.--As to letters of intent, publish in the 
Federal Register a notice of such receipt, including the name, 
location, and mailing address of petitioner. A petitioner who has 
submitted a letter of intent or had a letter of intent transferred to 
the Commission under section 5(a) shall not be required to submit a 
documented petition within any time period.
    (c) Others.--The Commission shall also notify, in writing, the 
Governor and attorney general of, and each recognized Indian tribe 
within, any State in which a petitioner resides.
    (d) Publication; Opportunity for Supporting or Opposing 
Submissions.--The Commission shall publish the notice of receipt of the 
petition in a major newspaper of general circulation in the town or 
city nearest the location of the petitioner. The notice shall include, 
in addition to the information described in subsection (a), notice of 
opportunity for other parties to submit factual or legal arguments in 
support of or in opposition to, the petition. Such submissions shall be 
provided to the petitioner upon receipt by the Commission. The 
petitioner shall be provided an opportunity to respond to such 
submissions prior to a determination on the petition by the Commission.

SEC. 7. PROCESSING THE PETITION.

    (a) Review.--(1) Upon receipt of a documented petition, the 
Commission 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 Commission 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.
    (4) Upon request by the petitioner, the Library of Congress and the 
National Archives shall each allow access to the petitioner to its 
resources, records, and documents, for the purpose of conducting 
research and preparing evidence concerning the status of the 
petitioner.
    (b) Consideration.--(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 Commission, or the Department if the petition is one 
transferred to the Commission pursuant to section 5(a). The Commission 
shall establish a priority register including those petitions pending 
before the Department on the date of enactment of this Act.
    (2) Petitions that are submitted to the Commission by Indian groups 
that meet one or more of the requirements set forth in section 5(c) 
shall receive priority consideration over petitions submitted by any 
other Indian group.

SEC. 8. PRELIMINARY HEARING.

    (a) In General.--Within 60 days after the receipt of a petition by 
the Commission, the Commission shall set a date for a preliminary 
hearing. At the preliminary hearing, the petitioner and any other 
concerned party may provide evidence concerning the status of the 
petitioner.
    (b) Determination.--(1) Within 30 days after the conclusion of the 
preliminary hearing under subsection (a), the Commission shall make a 
determination either--
            (A) to extend Federal acknowledgement to the petitioner; or
            (B) that the petitioner proceed to an adjudicatory hearing.
    (2) The Commission shall publish the determination in the Federal 
Register.
    (c) Information To Be Provided Preparatory to an Adjudicatory 
Hearing.--(1) If the Commission determines under subsection (b) that 
the petitioner proceed to an adjudicatory hearing, the Commission 
shall--
            (A) immediately make available to the petitioner all 
        records relied upon by the Commission and its staff in making 
        the preliminary determination to assist the petitioner in 
        preparing for the adjudicatory hearing, and shall also include 
        such guidance as the Commission considers necessary or 
        appropriate to assist the petitioner in preparing for the 
        hearing including references to prior decisions of the 
        Commission or to recognition decisions made under regulations 
        prescribed by the Secretary that will provide direction in 
        preparing for the adjudicatory hearing; and if prior 
        recognition decisions are referred to, the Commission will make 
        all records relating to such decisions available to the 
        petitioner in a timely manner; and
            (B) within 30 days after the conclusion of the preliminary 
        hearing under subsection (a), notify the petitioner in writing, 
        which notice shall include a list of any deficiencies or 
        omissions on which the Commission relied in making its 
        determination.
    (2) The list of deficiencies and omissions provided under paragraph 
(1)(B) shall be the subject of the adjudicatory hearing. The Commission 
may not add to this list once it is issued.

SEC. 9. ADJUDICATORY HEARING.

    (a) In General.--Within 180 days after the conclusion of the 
preliminary hearing, the Commission shall afford the petitioner 
described in section 8(b)(1)(B) an adjudicatory hearing. The hearing 
shall be on the list of deficiencies and omissions provided under 
section 8(c)(1)(B) and shall be conducted on the record pursuant to 
sections 554, 556, and 557 of title 5, United States Code.
    (b) Testimony From Staff of Commission.--The Commission shall 
require testimony from its acknowledgement and research staff that 
worked on the preliminary determination and that are assisting the 
Commission in the final determination under subsection (d) and may 
require the testimony of other witnesses. Any such testimony shall be 
subject to cross-examination by the petitioner.
    (c) Evidence by Petitioner.--The petitioner may provide such 
evidence as the petitioner deems appropriate.
    (d) Decision by Commission.--Within 60 days after the end of the 
hearing held under subsection (a), the Commission shall--
            (1) make a determination as to the extension or denial of 
        Federal acknowledgment to the petitioner;
            (2) publish its determination 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.--Within 60 days after the date the Commission's 
decision is published 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 the appeal 
described in subsection (a), it shall be eligible for an award of 
reasonable attorney fees and costs under the provisions of section 504 
of title 5, United States Code, or section 2412 of title 28 of such 
Code, as the case may be.

SEC. 11. IMPLEMENTATION OF DECISIONS.

    (a) Eligibility for Services and Benefits.--(1) Subject to 
paragraph (2), upon recognition by the Commission that the petitioner 
is an Indian tribe, the Indian tribe shall 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, 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.
    (2) Recognition of the Indian tribe under this Act does 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 under 
subsection (b) of the needs of the newly recognized Indian tribe.
    (b) Needs Determination.--Within 6 months after an Indian tribe is 
recognized under this Act, the appropriate area offices of the Bureau 
and the Indian Health Service shall consult and develop in cooperation 
with the Indian tribe, and forward to the respective 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 recommendations by the 
appropriate Secretary in the budget-request process.

SEC. 12. ANNUAL REPORT CONCERNING COMMISSION'S ACTIVITIES.

    (a) List of Recognized Tribes.--Not later than 90 days after the 
date of the enactment of this Act, and annually on or before every 
January 30 thereafter, the Commission shall publish in the Federal 
Register a list of all Indian tribes which are recognized by the 
Federal Government and receiving services from the Bureau of Indian 
Affairs.
    (b) Annual Report.--Beginning one year after the date of the 
enactment of this Act, and annually thereafter, the Commission shall 
submit a report to the Committee on Natural Resources of the House of 
Representatives and to the Committee on Indian Affairs of the Senate a 
report on its activities, which shall include at a minimum the 
following:
            (1) The number of petitions pending at the beginning of the 
        year and the names of the petitioners.
            (2) The number of petitions received during the year and 
        the names of the petitioners.
            (3) The number of petitions the Commission approved for 
        acknowledgment and the names of the acknowledged petitioners.
            (4) The number of petitions the Commission denied for 
        acknowledgment and the names of the petitioners.
            (5) The status of all pending petitions and the names of 
        the petitioners.

SEC. 13. 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 and 
the district court shall issue such orders (including writs of 
mandamus) as may be necessary to enforce the provisions of this Act.

SEC. 14. REGULATIONS.

    The Commission is authorized to prescribe such regulations as may 
be necessary to carry out the provisions and purposes of this Act. All 
such regulations must be published in accordance with the provisions of 
title 5, United States Code.

SEC. 15. GUIDELINES AND ADVICE.

    (a) Guidelines.--No later than 180 days after petitions and letters 
of intent have been transferred to the Commission by the Secretary 
under section 5(a)(4)(A), the Commission shall make available suggested 
guidelines for the format of petitions, including general suggestions 
and guidelines on where and how to research required information, but 
such examples shall not preclude the use of any other format.
    (b) Research Advice.--The Commission, upon request, is authorized 
to provide suggestions and advise to any petitioner for his research 
into the petitioner's historical background and Indian identity. The 
Commission shall not be responsible for the actual research on behalf 
of the petitioner.

SEC. 16. ASSISTANCE TO PETITIONERS.

    (a) Grants.--(1) The Secretary 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 Secretary of Health and Human Services is 
authorized to provide under any other provision of law.
    (b) Competitive Award.--Grants provided under subsection (a) shall 
be awarded competitively based on objective criteria prescribed in 
regulations promulgated by the Secretary of Health and Human Services.

SEC. 17. SEVERABILITY.

    If any provision of this Act or the application thereof to any 
petitioner is held invalid, the invalidity shall not affect other 
provisions or applications of the Act which can be given effect without 
regard to the invalid provision or application, and to this end the 
provisions of this Act shall be severable.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    (a) Commission.--There are authorized to be appropriated for the 
Commission for the purpose of carrying out the provisions of this Act 
(other than section 16), $1,500,000 for fiscal year 1997 and $1,500,000 
for each of the 12 succeeding fiscal years.
    (b) Secretary of HHS.--There are authorized to be appropriated for 
the Administration for Native Americans of the Department of Health and 
Human Services for the purpose of carrying out the provisions of 
section 16, $3,000,000 for each fiscal year.
                                 <all>