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.