[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 297 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 297

  To provide reforms and resources to the Bureau of Indian Affairs to 
  improve the Federal acknowledgment process, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2003

 Mr. Campbell introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide reforms and resources to the Bureau of Indian Affairs to 
  improve the Federal acknowledgment process, 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 ``Federal Acknowledgment Process 
Reform Act of 2003''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) Indian tribes were sovereign governmental entities 
        before the establishment of the United States;
            (2) the United States has entered into and ratified 
        treaties with many Indian tribes for the purpose of 
        establishing government-to-government relationships between the 
        United States and the Indian tribes;
            (3) Federal court decisions have recognized the 
        constitutional power of Congress to establish government-to-
        government relationships with Indian tribes;
            (4) in 1970, President Nixon ended the termination policy 
        and inaugurated the policy of Indian self-determination;
            (5) in 1978--
                    (A) the Secretary of the Interior delegated 
                authority to the Assistant Secretary for Indian Affairs 
                to establish a formal process by which the United 
                States acknowledges an Indian tribe; and
                    (B) the Bureau of Indian Affairs established the 
                Branch of Acknowledgment and Research to carry out the 
                Federal acknowledgment process; and
            (6) the Federal acknowledgment process was intended to 
        provide the Assistant Secretary with an informed and well-
        researched basis for making any decision to acknowledge an 
        Indian tribe.
    (b) Purposes.--The purposes of this Act are--
            (1) to ensure that, in any case in which the United States 
        acknowledges an Indian tribe, it does so with a consistent 
        legal, factual, and historical basis;
            (2) to provide clear and consistent standards to review 
        documented petitions for acknowledgment; and
            (3) to clarify evidentiary standards and expedite the 
        administrative review process for petitions by--
                    (A) establishing deadlines for decisions; and
                    (B) providing adequate resources to process 
                petitions.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Acknowledgment.--The term ``acknowledgment'', with 
        respect to a determination by the Assistant Secretary, means 
        acknowledgment by the United States that--
                    (A) an Indian group is an Indian tribe having a 
                government-to-government relationship with the United 
                States; and
                    (B) the members of the Indian group are eligible 
                for the programs and services provided by the United 
                States to members of Indian tribes because of the 
                status of those members as Indians.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary for Indian Affairs of the 
        Department.
            (3) Autonomous.--The term ``autonomous'', with respect to 
        an Indian group and in the context of the history, geography, 
        culture, and social organization of the Indian group, means an 
        Indian group that exercises the political influence or 
        authority of the Indian group independently of the control of 
        any other Indian group.
            (4) Board.--The term ``Board'' means the Independent Review 
        and Advisory Board established under section 6(a).
            (5) Bureau.--The term ``Bureau'' means the Bureau of Indian 
        Affairs.
            (6) Community.--The term ``community'' means any group of 
        people living within a particular area that, in the context of 
        the history, culture, and social organization of the group, and 
        taking into account the geography of the region in which the 
        group is located, is able to demonstrate that--
                    (A) consistent interactions and significant social 
                relationships exist within the membership; and
                    (B) the members of the group are differentiated 
                from and identified as distinct from nonmembers.
            (7) Continuous.--With respect to the history of a group, 
        the term ``continuous'' means the period beginning with 
        calendar year 1900 and continuing to the present time 
        substantially without interruption.
            (8) Department.--The term ``Department'' means the 
        Department of the Interior.
            (9) Documented petition.--The term ``documented petition'' 
        means a petition for acknowledgment consisting of a detailed, 
        factual exposition and arguments, and related documentary 
        evidence, that specifically address requirements for 
        acknowledgment established by the Assistant Secretary under 
        section 4(b).
            (10) Historical period.--The term ``historical period'' 
        means the period beginning with 1900 and continuing through the 
        date of submission of a petition for acknowledgment under this 
        Act.
            (11) History.--The term ``history'', with respect to an 
        Indian group or Indian tribe, means the existence of the Indian 
group or Indian tribe during the historical period.
            (12) Independent research institution.--The term 
        ``independent research institution'' means an academic or 
        museum institution that--
                    (A) employs significant resources toward the study 
                of anthropology and other human sciences that are 
                commonly used in reviewing petitions for 
                acknowledgment; and
                    (B) could readily detail those resources to assist 
                the Assistant Secretary in reviewing those petitions.
            (13) Indian group.--The term ``Indian group'' means any 
        Indian band, pueblo, village, or community that is not 
        acknowledged.
            (14) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (15) Interested party.--
                    (A) In general.--The term ``interested party'' 
                means any person, organization, or other entity that--
                            (i) establishes a legal, factual, or 
                        property interest in a determination of 
                        acknowledgment; and
                            (ii) requests an opportunity to submit 
                        comments or evidence, or to be kept informed of 
                        general actions, regarding a specific petition.
                    (B) Inclusions.--The term ``interested party'' 
                includes--
                            (i) the Governor of any State;
                            (ii) the Attorney General of any State;
                            (iii) any unit of local government; and
                            (iv) any Indian tribe, or Indian group, 
                        that may be directly affected by a 
                        determination of acknowledgment.
            (16) Letter of intent.--The term ``letter of intent'' means 
        an undocumented letter or resolution that--
                    (A) indicates the intent of an Indian group to 
                submit a documented petition for Federal 
                acknowledgment;
                    (B) is dated and signed by the governing body of 
                the Indian group; and
                    (C) is submitted to the Department.
            (17) Petitioner.--The term ``petitioner'' means any Indian 
        group that submits a letter of intent to the Assistant 
        Secretary.
            (18) Pilot project.--The term ``pilot project'' means the 
        Federal acknowledgment research pilot project established under 
        section 6(c).
            (19) Political influence or authority.--The term 
        ``political influence or authority'', with respect to the 
        exercise or maintenance by an Indian group, means the use by 
        the Indian group of a tribal council, leadership, internal 
        process, or other mechanism, in the context of the history, 
        culture, and social organization of the Indian group, as a 
        means of--
                    (A) influencing or controlling the behavior of 
                members of the Indian group in a significant manner;
                    (B) making decisions for the Indian group that 
                substantially affect members of the Indian group; or
                    (C) representing the Indian group in dealing with 
                nonmembers in matters of consequence to the Indian 
                group.
            (20) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (21) Treaty.--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 Indian tribe;
                    (B) made by any government with, or on behalf of, 
                any Indian group or Indian tribe, as a result of which 
                the Federal Government or the colonial government that 
                was the predecessor to the Federal Government 
                subsequently acquired territory by purchase, conquest, 
                annexation, or cession; or
                    (C) negotiated by the United States with, or on 
                behalf of, any Indian group in California, regardless 
                of whether the treaty was subsequently ratified.
            (22) Tribal roll.--The term ``tribal roll'' means a list 
        exclusively of individuals who--
                    (A)(i) have been determined by an Indian tribe to 
                meet the membership requirements of the Indian tribe, 
                as described in the governing document of the Indian 
                tribe; or
                    (ii) in the absence of a governing document that 
                describes those requirements, have been recognized as 
                members of the Indian tribe by the governing body of 
                the Indian tribe; and
                    (B) have affirmatively demonstrated consent to 
                being listed as members of the Indian tribe.

SEC. 4. ACKNOWLEDGMENT PROCESS.

    (a) Letter of Intent.--
            (1) In general.--An Indian group that desires to initiate 
        with the Department a petition for acknowledgment shall submit 
        to the Assistant Secretary a letter of intent that provides to 
        the Assistant Secretary relevant information concerning the 
        Indian group that may be used to provide notice to interested 
        parties.
            (2) Contents.--The Indian group shall include in the letter 
        of intent, to the maximum extent practicable--
                    (A) the current name of the Indian group and any 
                name by which the Indian group may have been identified 
                throughout the history of the Indian group;
                    (B) the 1 or more names of the governing body of 
                the Indian group;
                    (C) the current address of the governing body of 
                the Indian group; and
                    (D) a brief narrative of the history of the Indian 
                group describing--
                            (i) the geographic areas in which the 
                        Indian group may have been located during that 
                        history; and
                            (ii) any relationships of the Indian group 
                        with other Indian tribes or Indian groups.
            (3) Notice.--Not later than 90 days after the date of 
        receipt of a letter of intent from an Indian group, the 
        Assistant Secretary shall notify the Indian group and 
        interested parties whether the letter of intent reasonably 
        identifies the Indian group.
    (b) Requirements for Petitions.--
            (1) Evidence.--
                    (A) In general.--Except as provided in paragraph 
                (2), on or after filing a letter of intent, an Indian 
                group that seeks acknowledgment shall submit to the 
                Assistant Secretary a petition accompanied by evidence 
                that demonstrates the existence of the Indian group 
                during the historical period.
                    (B) Evidence relating to historical existence.--To 
                establish the existence of an Indian group during the 
                historical period, a petition shall include evidence 
                that demonstrates with reasonable likelihood that each 
                factor described in section 5 with respect to the 
                petition has been achieved by the petitioner.
                    (C) Access to library of congress and national 
                archives.--On request by a petitioner, the appropriate 
                officials of the Library of Congress and the National 
                Archives shall permit access by the petitioner to the 
                resources, records, and documents relating to the 
                petitioner for the purposes of conducting research and 
                preparing evidence concerning the status of the 
                petitioner.
            (2) Ineligible groups and entities.--The following groups 
        and entities shall not be eligible to submit to the Assistant 
        Secretary a petition for acknowledgment under this Act:
                    (A) Any Indian tribe, organized band, pueblo, 
                community, or Alaska Native entity that, as of the date 
                of enactment of this Act, is acknowledged.
                    (B) Any Indian group, political faction, or 
                community that separates from the main population of an 
                Indian tribe, unless the Indian group, faction, or 
                community establishes to the satisfaction of the 
                Assistant Secretary that the Indian group, political 
                faction, or community has functioned as an autonomous 
                Indian group throughout the historical period.
                    (C) Any Indian group, or successor in interest of 
                an Indian group (other than an Indian tribe, organized 
                band, pueblo, community, or Alaska native entity 
                described in subparagraph (A)), that, before the date 
                of enactment of this Act, in accordance with 
                regulations promulgated by the Secretary, petitioned 
                for, and was denied or refused, acknowledgment based on 
                the merits of the petition (except that nothing in this 
                subparagraph excludes any group that Congress has 
                identified as an Indian group but has not identified as 
                an Indian tribe).
                    (D) Any Indian group the relationship of which with 
                the Federal Government was expressly terminated by an 
                Act of Congress.
    (c) Notice of Receipt of a Petition; Schedule.--
            (1) Publication.--
                    (A) In general.--Not later than 30 days after the 
                date on which the Assistant Secretary receives a 
                documented petition under subsection (b), the Assistant 
                Secretary shall publish in the Federal Register a 
                notice of receipt of the petition.
                    (B) Inclusions.--The notice shall include--
                            (i) the name and location of the 
                        petitioner;
                            (ii) such other information as the 
                        Assistant Secretary determines will identify 
                        the petitioner;
                            (iii) the date of receipt of the petition;
                            (iv) information describing 1 or more 
                        locations at which a copy of the petition and 
                        related submissions may be examined by the 
                        public; and
                            (v) a description of the procedure by which 
                        an interested party may submit--
                                    (I) evidence in support of or in 
                                opposition to the request of the 
                                petitioner for acknowledgment; or
                                    (II) a request to be kept informed 
                                of all actions affecting the petition.
            (2) Schedule.--Not later than 60 days after the date of 
        publication of a notice under paragraph (1)(A), the Assistant 
Secretary shall establish a schedule for--
                    (A) the submission of evidence and arguments 
                relating to the petition; and
                    (B) the publication of proposed findings of the 
                Assistant Secretary with respect to the petition.
    (d) Review of Petitions.--
            (1) In general.--On receipt of a documented petition, the 
        Assistant Secretary, in accordance with the schedule 
        established under subsection (c)(2), shall--
                    (A) conduct a review to determine whether the 
                petitioner is entitled to acknowledgment; and
                    (B) publish in the Federal Register the proposed 
                findings of the Assistant Secretary with respect to 
                that determination.
            (2) Content of review.--The review conducted under 
        paragraph (1) shall include consideration of--
                    (A) the petition;
                    (B) any supporting evidence; and
                    (C) any factual statements contained in the 
                petition relating to other submissions, including oral 
                accounts of the history of the petitioner submitted by 
                the petitioner.
            (3) Consideration of evidence.--Evidence received from 
        interested parties under subsection (c)(1)(B)(v)(I) shall be--
                    (A) considered by the Assistant Secretary; and
                    (B) noted in any final determination regarding a 
                petition.
            (4) Other research.--In conducting a review under this 
        subsection, the Assistant Secretary may--
                    (A) initiate other research for any purpose 
                relating to--
                            (i) analysis of the petition; or
                            (ii) the acquisition of additional 
                        information concerning the status of the 
                        petitioner;
                    (B) initiate research through the pilot project or 
                the Board; and
                    (C) consider evidence submitted by interested 
                parties, including oral accounts of the history of the 
                petitioner submitted by other Indian tribes.
            (5) Exception for lack of certain evidence.--If the 
        Assistant Secretary determines that, for any period of time, 
        evidence necessary to carry out this subsection is lacking, the 
        lack of evidence shall not be the basis for a determination of 
        the Assistant Secretary not to acknowledge a petitioner if the 
        Assistant Secretary determines that the lack of evidence may be 
        attributed to--
                    (A) any applicable official act of the Federal 
                Government or a State government; or
                    (B) any applicable unofficial act of an officer or 
                agent of the Federal Government or a State government.
    (e) Final Determination.--
            (1) In general.--On review of all evidence submitted under 
        section 5 and this section and the results of research 
        conducted under section 5 and this section by the Assistant 
        Secretary (including through the pilot project or the Board), 
        and after providing a petitioner an opportunity to respond to 
        proposed findings of the Assistant Secretary against 
        acknowledgment, the Assistant Secretary shall make a final 
        determination in writing whether the petitioner is entitled to 
        acknowledgment.
            (2) Facts and conclusions.--A final determination under 
        paragraph (1) shall include all facts and conclusions of law in 
        accordance with which the final determination was made.
            (3) Notification of acknowledgment.--If the Assistant 
        Secretary determines under paragraph (1) that a petitioner is 
        entitled to acknowledgment, the Assistant Secretary shall--
                    (A) acknowledge the petitioner;
                    (B) notify the petitioner and any interested 
                parties of the final determination to acknowledge the 
                petitioner;
                    (C) provide to the petitioner and any interested 
                parties a copy of the final determination; and
                    (D) not later than 7 days after notifying the 
                petitioner and any interested parties under 
                subparagraph (B), publish in the Federal Register a 
                notice of the final determination of acknowledgment.
    (f) Judicial Review.--
            (1) In general.--Not later than 60 days after the date of 
        publication of the notice of a final determination described in 
        subsection (e)(3)(D), a petitioner may seek judicial review of 
        the final determination by the United States District Court for 
        the District of Columbia.
            (2) Statement of intent.--It is the intent of Congress 
        that, in accordance with Federal law relating to 
        interpretations of treaties and Acts of Congress affecting the 
        rights, powers, privileges, and immunities of Indian tribes, 
        any ambiguity in this Act be liberally construed in favor of an 
        Indian group or Indian tribe.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2004 through 2013.

SEC. 5. DOCUMENTED PETITIONS.

    (a) Factors for Consideration.--A petition for acknowledgment 
submitted by an Indian group shall be in any readable form that--
            (1) clearly indicates that the petition is a documented 
        petition requesting acknowledgment of the Indian group; and
            (2) contains detailed, specific evidence as described in 
        subsections (b) through (g).
    (b) Statement of Facts Relating to Identity.--
            (1) In general.--A petition described in subsection (a) 
        shall contain a statement of facts and an analysis of those 
facts establishing that the petitioner has been identified as an Indian 
group in the United States on a substantially continuous basis.
            (2) Previous denials of status.--The Assistant Secretary 
        shall not consider any evidence that the status of the 
        petitioner as an Indian group has previously been denied to be 
        conclusive evidence that the factor described in paragraph (1) 
        has not been met.
            (3) Evidence relating to identity.--In determining the 
        Indian identity of a group, the Assistant Secretary may use as 
        evidence 1 or more of the following:
                    (A) An identification of the petitioner as an 
                Indian entity by any department, agency, or 
                instrumentality of the Federal Government.
                    (B) A relationship between the petitioner and any 
                State government, based on an identification of the 
                petitioner by the State as an Indian entity.
                    (C) Any dealings of the petitioner with a county or 
                political subdivision of a State in a relationship 
                based on an identification of the petitioner as an 
                Indian group.
                    (D) An identification of the petitioner as an 
                Indian group by records in a private or public archive, 
                courthouse, church, or school.
                    (E) An identification of the petitioner as an 
                Indian group by an anthropologist, historian, or other 
                scholar.
                    (F) An identification of the petitioner as an 
                Indian group in a newspaper, book, or similar medium.
                    (G) An identification of the petitioner as an 
                Indian group by an Indian tribe or by a national, 
                regional, or State Indian organization.
                    (H) An identification of the petitioner as an 
                Indian group by a foreign government or an 
                international organization.
                    (I) Such other evidence of identification as may be 
                provided by a person or entity other than the 
                petitioner or a member of the membership of the 
                petitioner.
    (c) Statement of Facts Relating to Evidence of Community.--
            (1) In general.--A petition described in subsection (a) 
        shall include a statement of facts and an analysis of those 
        facts establishing that a predominant portion of the membership 
        of the petitioner--
                    (A) comprises a community distinct from the 
                communities surrounding that community; and
                    (B) has existed as a community throughout the 
                historical period.
            (2) Evidence relating to community.--In determining whether 
        the membership of the petitioner meets the requirements of 
        paragraph (1), the Assistant Secretary may use as evidence 1 or 
        more of the following:
                    (A) Significant rates of marriage within the 
                membership of the petitioner, or, as may be culturally 
                required, patterned out-marriages with other Indian 
                populations.
                    (B) Significant social relationships connecting 
                individual members of the petitioner.
                    (C) Significant rates of informal social 
                interaction that exist broadly among the members of the 
                petitioner.
                    (D) A significant degree of shared or cooperative 
                labor or other economic activity among the membership 
                of the petitioner.
                    (E) Evidence of strong patterns of discrimination 
                or other social distinctions against members of the 
                petitioner by nonmembers.
                    (F) Shared sacred or secular ritual activity 
                encompassing a majority of members of the petitioner.
                    (G) Cultural patterns that--
                            (i) are shared among a significant portion 
                        of the members of the petitioner;
                            (ii) are different from the cultural 
                        patterns of the non-Indian populations with 
                        whom the membership of the petitioner 
                        interacts;
                            (iii) function as more than a symbolic 
                        identification of the petitioner as Indian; and
                            (iv) may include language, kinship, or 
                        religious organizations, or religious beliefs 
                        and practices.
                    (H) The persistence of a named, collective Indian 
                identity during a continuous period of at least 50 
                years, notwithstanding any change in name.
                    (I) A demonstration of historical political 
                influence or authority of the petitioner.
                    (J) A demonstration that not less than 50 percent 
                of the members of the petitioner exhibit collateral 
kinship ties through generations to the third degree.
            (3) Criteria for sufficient evidence.--The Assistant 
        Secretary shall consider a petitioner to have provided 
        sufficient evidence of community under this subparagraph if the 
        petitioner has provided to the Assistant Secretary evidence 
        demonstrating that, throughout the historical period--
                    (A)(i) more than 50 percent of the members of the 
                petitioner reside in a particular geographical area 
                exclusively, or almost exclusively, composed of members 
                of the group; and
                    (ii) the balance of the membership maintains 
                consistent social interaction with other members of the 
                petitioner;
                    (B) not less than \1/3\ of the marriages of the 
                petitioner are between members of the petitioner;
                    (C) not less than 50 percent of the members of the 
                petitioner maintain distinct cultural patterns, 
                including language, kinship, and religious 
                organizations, or religious beliefs or practices;
                    (D) distinct community social institutions (such as 
                kinship organizations, formal or informal economic 
                cooperation, and religious organizations) encompass at 
                least 50 percent of the members of the petitioner; or
                    (E) the petitioner has met the requirement under 
                subsection (d)(1) using evidence described in 
                subsection (d)(2).
    (d) Statement of Facts Relating to Autonomous Nature of 
Petitioner.--
            (1) In general.--A petition described in subsection (a) 
        shall include a statement of facts and an analysis of those 
        facts establishing that the petitioner has maintained political 
        influence or authority over members of the petitioner 
        throughout the historical period.
            (2) Evidence relating to autonomous nature.--In determining 
        whether a petitioner is an autonomous entity under paragraph 
        (1), the Assistant Secretary may use as evidence 1 or more of 
        the following:
                    (A) A demonstration that the petitioner is capable 
                of mobilizing significant numbers of members and 
                significant member resource for purposes relating to 
                the petitioner.
                    (B) Evidence that most of the members of the 
                petitioner consider actions taken by leaders or 
                governing bodies of the petitioner to be of personal 
                importance.
                    (C) Evidence that there is widespread knowledge, 
                communication, and involvement in political processes 
                of the petitioner by a majority of the members of the 
                petitioner.
                    (D) Evidence that the petitioner meets the 
                requirement of subsection (c)(1) at more than a minimal 
                level.
                    (E) A demonstration by the petitioner that there 
                are conflicts within the membership that demonstrate 
                controversy over valued goals, properties, policies, 
                processes, or decisions of the petitioner.
                    (F) A demonstration or description by the 
                petitioner of--
                            (i) a continuous line of leaders of the 
                        petitioner; and
                            (ii) the means by which a majority of the 
                        members of the petitioner selected, or approved 
                        the selection of, those leaders.
            (3) Evidence of exercise of political influence or 
        authority.--The Assistant Secretary shall consider a petitioner 
        to have provided sufficient evidence to demonstrate the 
        exercise of political influence or authority if the petitioner 
        demonstrates that decisions by leaders of the petitioner (or 
        decisions made through another decisionmaking process) have 
        been made throughout the historical period with respect to--
                    (A) the allocation of group resources such as land, 
                residence rights, or similar resources on a consistent 
                basis;
                    (B) the settlement on a regular basis, by mediation 
                or other means, of disputes between members or 
                subgroups of members of the petitioner (such as clans 
                or lineages);
                    (C) the exertion of strong influence on the 
                behavior of individual members of the petitioner, such 
                as the establishment or maintenance of norms and the 
                enforcement of sanctions to direct or control behavior; 
                or
                    (D) the organization or influencing of economic 
                subsistence activities among the members of the 
                petitioner, including shared or cooperative labor.
    (e) Governing Document.--
            (1) In general.--A petition described in subsection (a) 
        shall include a copy of the governing document of the 
        petitioner in effect as of the date of submission of the 
        petition that includes a description of the membership criteria 
        of the petitioner.
            (2) Alternative statement.--If no written governing 
        document described in paragraph (1) exists, a petitioner shall 
        include with a petition described in subsection (a) a detailed 
        statement that describes--
                    (A) the membership criteria of the petitioner; and
                    (B) the governing procedures of the petitioner in 
                effect as of the date of submission of the petition.
    (f) List of Members.--
            (1) In general.--A petition described in subsection (a) 
        shall include--
                    (A) a list of all members of the petitioner as of 
                the date of submission of the petition that includes 
                for each member--
                            (i) a full name (and maiden name, if any);
                            (ii) a date and place of birth; and
                            (iii) a current residential address;
                    (B) a copy of each available former list of members 
                of the petitioner; and
                    (C) a statement describing the methods used in 
                preparing those lists.
            (2) Requirements for membership.--In determining whether to 
        consider the members of a petitioner to be members of an Indian 
        group for the purpose of a petition described in subparagraph 
        (A), the Assistant Secretary shall require that the membership 
        consist of descendants of--
                    (A) an Indian group that existed during the 
                historical period; or
                    (B) 1 or more Indian groups that, at any time 
                during the historical period, combined and functioned 
                as a single autonomous entity.
            (3) Evidence of tribal membership.--In making the 
        determination under paragraph (2), the Assistant Secretary may 
        use as evidence 1 or more of the following:
                    (A) Tribal rolls prepared by the Secretary for the 
                petitioner for the purpose of distributing claims money 
                or providing allotments, or for other any other 
                purpose.
                    (B) Any Federal, State, or other official record or 
                evidence identifying members of the petitioner as of 
                the date of submission of the petition, or ancestors of 
                those members, as being descendants of an Indian group 
                described in subparagraph (A) or (B) of paragraph (2).
                    (C) Any church, school, or other similar enrollment 
                record identifying members of the petitioner as of the 
                date of submission of the petition, or ancestors of 
                those members, as being descendants of an Indian group 
                described in subparagraph (A) or (B) of paragraph (2).
                    (D) An affidavit of recognition by tribal elders, 
                tribal leaders, or a tribal governing body identifying 
                members of the petitioner as of the date of submission 
                of the petition, or ancestors of those members, as 
                being descendants of an Indian group described in 
                subparagraph (A) or (B) of paragraph (2).
                    (E) Any other record or evidence based on firsthand 
                experience of a historian, anthropologist, or 
                genealogist with established expertise on the 
                petitioner or Indian entities in general, identifying 
                members of the petitioner as of the date of submission 
                of the petition, or ancestors of those members, as 
                being descendants of an Indian group described in 
                subparagraph (A) or (B) of paragraph (2).
    (g) Exceptions.--
            (1) In general.--An Indian group described in paragraph (2) 
        shall be required to provide evidence for a petition for 
        acknowledgment submitted under this section only with respect 
        to the period--
                    (A) beginning on the date on which the Department 
                first notifies the Indian group that the Indian group 
                is not eligible for Federal services or programs 
                because of a lack of status as an Indian tribe; and
                    (B) ending on the date of submission of the 
                petition.
            (2) Indian group.--An Indian group referred to in this 
        paragraph is an Indian group that demonstrates by a reasonable 
        likelihood of the validity of the evidence that the Indian 
        group was, or is a successor in interest to--
                    (A) a party to 1 or more treaties;
                    (B) a group acknowledged by any agency of the 
                Federal Government as eligible to participate in a 
                project or activity under the Act of June 18, 1934 
                (commonly known as the ``Indian Reorganization Act'') 
                (25 U.S.C. 461 et seq.);
                    (C) a group--
                            (i) for the benefit of which the United 
                        States took land into trust; or
                            (ii) that has been treated by the Federal 
                        Government as having collective rights in 
                        tribal land or funds; or
                    (D) a group that has been designated as an Indian 
                tribe by an Act of Congress or Executive order.

SEC. 6. ADDITIONAL RESOURCES.

    (a) Independent Review and Advisory Board.--
            (1) In general.--The Assistant Secretary shall establish 
        the Independent Review and Advisory Board--
                    (A) to assist the Assistant Secretary in addressing 
                unique evidentiary questions relating to the 
                acknowledgment process;
                    (B) to provide secondary peer review of 
                acknowledgment determinations by the Assistant 
                Secretary; and
                    (C) to enhance the credibility of the 
                acknowledgment process as perceived by Congress, 
                petitioners, interested parties, and the public.
            (2) Number and qualifications.--
                    (A) In general.--The Board shall be composed of 9 
                individuals appointed by the Assistant Secretary, of 
                whom--
                            (i) at least 3 individuals shall have a 
                        doctoral degree in anthropology;
                            (ii) at least 3 individuals shall have a 
                        doctoral degree in genealogy;
                            (iii) at least 2 individuals shall have a 
                        doctor of jurisprudence degree; and
                            (iv) at least 1 individual shall be 
                        qualified as a historian, as determined by the 
                        Assistant Secretary.
                    (B) Preference.--In making appointments under 
                subparagraph (A), the Assistant Secretary shall give 
                preference to individuals having an academic background 
                or professional experience in Federal Indian policy or 
                American Indian history.
                    (C) Conflicts of interest.--No member of the Board 
                shall, at the time of appointment or during the 1-year 
                period preceding the date of appointment, have 
                represented, or conducted research for, any Indian 
                group or interested party with respect to a petition 
                for acknowledgment filed, or intended to be filed, with 
                the Assistant Secretary.
                    (D) Status as employees.--A member of the Board 
                shall not be considered to be an employee of the 
                Department.
            (3) Tenure; reimbursement.--
                    (A) Tenure.--A member of the Board--
                            (i) shall be appointed for an initial term 
                        of 2 years; and
                            (ii) may be reappointed for such additional 
                        terms as the Assistant Secretary determines to 
                        be appropriate.
                    (B) Reimbursement.--A member of the Board shall be 
                reimbursed for reasonable expenses incurred in 
                assisting the Assistant Secretary under this section, 
                in accordance with Department policy regarding 
                reimbursement of expenses for individuals serving as 
                advisory board or committee members.
            (4) Review and advice.--
                    (A) Before issuance of proposed findings.--At any 
                time before the date of issuance of proposed findings 
                under section 4(d)(1)(B) with respect to a petition for 
                acknowledgment under review by the Assistant Secretary, 
                the Assistant Secretary may request an opinion from the 
                Board with respect to the petition if the Assistant 
                Secretary determines that--
                            (i) the petition contains 1 or more 
                        evidentiary submissions that raise unique 
                        issues or matters of first impression relating 
                        to 1 or more requirements described in section 
                        5; or
                            (ii) the Assistant Secretary is unable to 
                        determine the sufficiency of evidence for 1 or 
                        more of those requirements.
                    (B) After issuance of proposed findings.--After 
                issuance by the Assistant Secretary of proposed 
                findings under section 4(d)(1)(B), but before issuance 
                of the final determination, with respect to a petition, 
                the Assistant Secretary shall request a review by the 
                Board of the proposed findings.
                    (C) Level of review.--
                            (i) In general.--The Board shall conduct a 
                        review requested under subparagraph (B) to 
                        determine whether an evidentiary question or 
                        deficiency exists with respect to 1 or more 
                        requirements relating to a petition.
                            (ii) Limitation by assistant secretary of 
                        scope of review.--In requesting a review under 
                        subparagraph (B), the Assistant Secretary may 
                        restrict the scope of the review to address 
                        fewer than all matters with respect to a 
                        petition.
                            (iii) Limitation by board of scope of 
                        review.--In carrying out a review under 
                        subparagraph (B), the Board, in accordance with 
                        all applicable professional standards of the 
                        members of the Board, may--
                                    (I) confine the review to--
                                            (aa) the evidence 
                                        submitted; or
                                            (bb) the proposed findings 
                                        issued under section 
                                        4(d)(1)(B);
                                    (II) extend the review to the 
                                evidence submitted by petitioners and 
                                interested parties;
                                    (III) request that the Assistant 
                                Secretary request additional 
                                submissions by petitioners or 
                                interested parties; and
                                    (IV) recommend that the Assistant 
                                Secretary hold a formal or informal 
                                administrative proceeding at which the 
                                Board may present questions to, and 
                                seek additional information from, 
                                petitioners and interested parties.
    (b) Assistance to Petitioners and Interested Parties.--
            (1) Grants.--
                    (A) In general.--Subject to paragraph (2), the 
                Assistant Secretary may provide to a petitioner or 
                interested party a grant to offset costs incurred in 
                submitting--
                            (i) a petition (including related evidence 
                        or documents); or
                            (ii) a legal argument in support of or in 
                        opposition to a petition.
                    (B) Limitation.--In making grants under 
                subparagraph (A), the Assistant Secretary shall ensure 
                that not less than 50 percent of the amounts made 
                available for the grants are reserved for petitioners.
            (2) Eligibility.--The Assistant Secretary shall provide a 
        grant under paragraph (1) based on a demonstration of need of a 
        petitioner or an interested party that is evaluated using such 
        objective criteria as the Secretary may promulgate by 
        regulation.
            (3) Other assistance.--A grant made to an Indian group 
        under paragraph (1) shall be in addition to any other 
        assistance received by the Indian group under any other 
        provision of law.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection such sums as 
        are necessary for each of fiscal years 2004 through 2014.
    (c) Federal Acknowledgment Research Pilot Project.--
            (1) Establishment.--The Assistant Secretary shall establish 
        a Federal acknowledgment research pilot project to make 
        available additional research resources for researching, 
        reviewing, and analyzing petitions for acknowledgment received 
        by the Assistant Secretary.
            (2) Composition.--
                    (A) In general.--The Assistant Secretary, in 
                consultation with the Secretary of the Smithsonian 
                Institution, shall identify a variety of independent 
                research institutions that have the academic and 
                research facilities capable of assisting in the review 
                of petitions described in paragraph (1).
                    (B) Proposals.--The Assistant Secretary shall--
                            (i) invite each institution identified 
                        under subparagraph (A) to submit to the 
                        Assistant Secretary a proposal for 
                        participation in the pilot project; and
                            (ii) approve not more than 3 proposals 
                        submitted under clause (i).
                    (C) Grants.--The Assistant Secretary may provide a 
                grant to each institution the proposal of which is 
                approved under subparagraph (B)(ii) to assist the 
                institution in participating in the pilot project.
            (3) Duties.--Each institution approved to participate in 
        the pilot project shall assemble and provide a research team 
        that, under the direction of the Assistant Secretary, shall--
                    (A) review submissions described in paragraph (1); 
                and
                    (B) submit to the Assistant Secretary conclusions 
                and recommendations of the research team that are based 
                on the submissions reviewed.
            (4) Use of conclusions.--The Assistant Secretary may take 
        into consideration any conclusions and recommendations of a 
        research team in making a determination of acknowledgment under 
        this Act.
            (5) Report.--Not later than 3 years after the date of 
        enactment of this Act, the Assistant Secretary shall submit to 
        Congress a report that describes the effectiveness of the pilot 
        project.
            (6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $3,000,000 for 
        each of fiscal years 2004 through 2006.

SEC. 7. INAPPLICABILITY OF FOIA.

    (a) In General.--Section 552 of title 5, United States Code 
(commonly known as the ``Freedom of Information Act''), shall not apply 
to any action of the Assistant Secretary with respect to a petition for 
acknowledgment under this Act, and the Assistant Secretary shall have 
no obligation to provide all or any portion of a petition, or to 
provide information regarding the contents of a petition, to any person 
or entity, until such time as--
            (1) the petition has been fully documented; and
            (2) the Assistant Secretary has published a notice in 
        accordance with section 4(c)(1)(A).
    (b) Exception.--The restriction under subsection (a) on the 
provision of information contained in or relating to a petition shall 
not apply to any formal or informal request made or subpoena issued by 
a law enforcement agency of the United States.
    (c) Assistance From Attorney General.--
            (1) In general.--The Secretary may request assistance from 
        the Attorney General in responding to requests for information 
        relating to a petition made in accordance with section 552 of 
        title 5, United States Code.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Attorney General to provide 
        assistance requested under this subsection $1,000,000 for each 
        of fiscal years 2004 through 2008.

SEC. 8. EFFECT AND IMPLEMENTATION OF DECISIONS.

    (a) In General.--The acknowledgment of any petitioner under this 
Act shall not reduce or eliminate--
            (1) the right of any other Indian tribe to govern the 
        reservation of that other tribe (as the reservation exists 
before, on, or after the date of acknowledgment of the petitioner);
            (2) any property right held in trust or recognized by the 
        United States for the other Indian tribe (as that property 
        right existed before the date of acknowledgment of the 
        petitioner); or
            (3) any previously or independently existing claim by a 
        petitioner to any property right described in paragraph (2) 
        held in trust by the United States for the other Indian tribe 
        before the date of acknowledgment of the petitioner.
    (b) Eligibility for Services and Benefits.--
            (1) In general.--Subject to paragraph (2), on 
        acknowledgment by the Assistant Secretary of a petitioner under 
        this Act, the newly-acknowledged Indian tribe shall--
                    (A) have a government-to-government relationship 
                with the United States;
                    (B) be eligible for the programs and services 
                provided by the United States to members of other 
                Indian tribes because of the status of those members as 
                Indians; and
                    (C) have the responsibilities, obligations, 
                privileges, and immunities of those other Indian 
                tribes.
            (2) Programs of the bureau.--
                    (A) In general.--The acknowledgment by the 
                Assistant Secretary of an Indian group under this Act 
                shall not establish any immediate entitlement to 
                participation in any program of the Bureau in existence 
                as of the date of acknowledgment.
                    (B) Availability of programs.--
                            (i) In general.--Participation in a program 
                        described in subparagraph (A) shall be 
                        available to an Indian tribe described in 
                        paragraph (1) at such time as funds are made 
                        available for that purpose.
                            (ii) Requests for appropriations.--The 
                        Secretary and the Secretary of Health and Human 
                        Services shall submit budget requests for 
                        funding for increased participation in a 
                        program described in subparagraph (A) in 
                        accordance with subsection (c).
    (c) Needs Determination and Budget Request.--
            (1) In general.--Not later than 180 days after a petitioner 
        is acknowledged under this Act, the appropriate officials of 
        the Bureau and the Indian Health Service of the Department of 
        Health and Human Services shall consult with the newly-
        acknowledged Indian tribe concerning, develop in cooperation 
        with the newly-acknowledged Indian tribe, and forward to the 
        Secretary or the Secretary of Health and Human Services, as 
        appropriate--
                    (A) a determination of the needs of the Indian 
                tribe; and
                    (B) a recommended budget required to serve the 
                Indian tribe.
            (2) Submission of budget request.--For each fiscal year, 
        the Secretary or the Secretary of Health and Human Services, as 
        appropriate, shall submit to the President a recommended budget 
        for programs and services provided by the United States to 
        members of Indian tribes because of the status of those members 
        as Indians (including funding recommendations for newly-
        acknowledged Indian tribes based on the information received 
        under paragraph (1)) for inclusion in the annual budget 
        submitted by the President to Congress in accordance with 
        section 1108 of title 31, United States Code.

SEC. 9. REGULATIONS.

    The Secretary may--
            (1) promulgate such regulations as are necessary to carry 
        out this Act; and
            (2) maintain in effect all regulations contained in part 83 
        of title 25, Code of Federal Regulations (or any successor 
        regulations), that are not inconsistent with this Act.
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