[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5134 Reported in House (RH)]






                                                 Union Calendar No. 482
108th CONGRESS
  2d Session
                                H. R. 5134

                          [Report No. 108-788]

 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

                           November 19, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                          September 23, 2004]

_______________________________________________________________________

                                 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 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 shall 
publish a final determination with respect to the petition for Federal 
recognition of each eligible tribe.
    (c) Notification; Opt In.--
            (1) Notification of tribes.--Not later than 45 days after 
        the date of the enactment of this Act, the Secretary shall 
        notify, in writing, all potentially eligible tribes that they 
        may opt into the expedited procedure for proposed findings and 
        final determinations under this Act and of the provisions of 
        paragraph (2).
            (2) Opt in.--If, not later than 90 days after the date of 
        the enactment of this Act, a potentially eligible tribe 
        notifies the Secretary, in writing, that the potentially 
        eligible tribe elects to opt into the expedited procedures 
        under this Act, the potentially eligible tribe shall be 
        considered an eligible tribe for the purposes of this Act. 
        Potentially eligible tribes shall not be considered eligible 
        tribes for the purposes of this Act if notification is not made 
        by the potentially eligible tribe in accordance with this 
        paragraph.
    (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 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 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 seek in the appropriate United States 
district court a determination by the court of whether the eligible 
tribe should be recognized as an Indian tribe in accordance with the 
criteria specified in section 83.7 of title 25, Code of Federal 
Regulations. In any such action, the court shall treat such failure by 
the Secretary as final agency action.
    (f) Review of Adverse Decision.--If the final determination 
required by subsection (b) refuses to recognize the eligible tribe as 
an Indian tribe, the eligible 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 the appropriate United 
States district court, notwithstanding the availability of other 
administrative remedies.
    (g) Consideration of Other Petitions.--Until 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) Definitions.--For the purposes of this Act, the following 
definitions apply:
            (1) Eligible tribe.--The term ``eligible tribe'' means a 
        tribe that--
                    (A) has made an initial application for recognition 
                as an Indian tribe to the Department of the Interior 
                before October 17, 1988;
                    (B) is listed as having a status of ``Ready, 
                Waiting for Active Consideration'' by the Department of 
                the Interior on July 1, 2004; and
                    (C) not later than 90 days after the date of the 
                enactment of this Act, notifies the Secretary, in 
                writing, that it opts to have its petition for 
                recognition as an Indian tribe considered under the 
                expedited procedure for proposed findings and final 
                determinations under this Act.
            (2) Potentially eligible tribe.--The term ``potentially 
        eligible tribe'' means a tribe that--
                    (A) has made an initial application for recognition 
                as an Indian tribe to the Department of the Interior 
                before October 17, 1988;
                    (B) is listed as having a status of ``Ready, 
                Waiting for Active Consideration'' by the Department of 
                the Interior on July 1, 2004; and
                    (C) has not notified the Secretary, in writing, 
                whether or not it opts to have its petition for 
                recognition as an Indian tribe considered under the 
                expedited procedure for proposed findings and final 
                determinations under this Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, or a designee of the Secretary.




                                                 Union Calendar No. 482

108th CONGRESS

  2d Session

                               H. R. 5134

                          [Report No. 108-788]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 19, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed