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






                                                       Calendar No. 794
108th CONGRESS
  2d Session
                                 S. 297

                          [Report No. 108-403]

  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

                           November 10, 2004

  Reported under authority of the order of the Senate of October 11, 
                2004, by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Acknowledgment 
Process Reform Act of 2003''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) Indian tribes were sovereign governmental 
        entities before the establishment of the United 
        States;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) Federal court decisions have recognized the 
        constitutional power of Congress to establish government-to-
        government relationships with Indian tribes;</DELETED>
        <DELETED>    (4) in 1970, President Nixon ended the termination 
        policy and inaugurated the policy of Indian self-
        determination;</DELETED>
        <DELETED>    (5) in 1978--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the Bureau of Indian Affairs 
                established the Branch of Acknowledgment and Research 
                to carry out the Federal acknowledgment process; 
                and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) to provide clear and consistent standards to 
        review documented petitions for acknowledgment; and</DELETED>
        <DELETED>    (3) to clarify evidentiary standards and expedite 
        the administrative review process for petitions by--</DELETED>
                <DELETED>    (A) establishing deadlines for decisions; 
                and</DELETED>
                <DELETED>    (B) providing adequate resources to 
                process petitions.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Acknowledgment.--The term ``acknowledgment'', 
        with respect to a determination by the Assistant Secretary, 
        means acknowledgment by the United States that--</DELETED>
                <DELETED>    (A) an Indian group is an Indian tribe 
                having a government-to-government relationship with the 
                United States; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Assistant secretary.--The term ``Assistant 
        Secretary'' means the Assistant Secretary for Indian Affairs of 
        the Department.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Board.--The term ``Board'' means the 
        Independent Review and Advisory Board established under section 
        6(a).</DELETED>
        <DELETED>    (5) Bureau.--The term ``Bureau'' means the Bureau 
        of Indian Affairs.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) consistent interactions and 
                significant social relationships exist within the 
                membership; and</DELETED>
                <DELETED>    (B) the members of the group are 
                differentiated from and identified as distinct from 
                nonmembers.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) Department.--The term ``Department'' means the 
        Department of the Interior.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (12) Independent research institution.--The term 
        ``independent research institution'' means an academic or 
        museum institution that--</DELETED>
                <DELETED>    (A) employs significant resources toward 
                the study of anthropology and other human sciences that 
                are commonly used in reviewing petitions for 
                acknowledgment; and</DELETED>
                <DELETED>    (B) could readily detail those resources 
                to assist the Assistant Secretary in reviewing those 
                petitions.</DELETED>
        <DELETED>    (13) Indian group.--The term ``Indian group'' 
        means any Indian band, pueblo, village, or community that is 
        not acknowledged.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (15) Interested party.--</DELETED>
                <DELETED>    (A) In general.--The term ``interested 
                party'' means any person, organization, or other entity 
                that--</DELETED>
                        <DELETED>    (i) establishes a legal, factual, 
                        or property interest in a determination of 
                        acknowledgment; and</DELETED>
                        <DELETED>    (ii) requests an opportunity to 
                        submit comments or evidence, or to be kept 
                        informed of general actions, regarding a 
                        specific petition.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``interested 
                party'' includes--</DELETED>
                        <DELETED>    (i) the Governor of any 
                        State;</DELETED>
                        <DELETED>    (ii) the Attorney General of any 
                        State;</DELETED>
                        <DELETED>    (iii) any unit of local 
                        government; and</DELETED>
                        <DELETED>    (iv) any Indian tribe, or Indian 
                        group, that may be directly affected by a 
                        determination of acknowledgment.</DELETED>
        <DELETED>    (16) Letter of intent.--The term ``letter of 
        intent'' means an undocumented letter or resolution that--
        </DELETED>
                <DELETED>    (A) indicates the intent of an Indian 
                group to submit a documented petition for Federal 
                acknowledgment;</DELETED>
                <DELETED>    (B) is dated and signed by the governing 
                body of the Indian group; and</DELETED>
                <DELETED>    (C) is submitted to the 
                Department.</DELETED>
        <DELETED>    (17) Petitioner.--The term ``petitioner'' means 
        any Indian group that submits a letter of intent to the 
        Assistant Secretary.</DELETED>
        <DELETED>    (18) Pilot project.--The term ``pilot project'' 
        means the Federal acknowledgment research pilot project 
        established under section 6(c).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) influencing or controlling the 
                behavior of members of the Indian group in a 
                significant manner;</DELETED>
                <DELETED>    (B) making decisions for the Indian group 
                that substantially affect members of the Indian group; 
                or</DELETED>
                <DELETED>    (C) representing the Indian group in 
                dealing with nonmembers in matters of consequence to 
                the Indian group.</DELETED>
        <DELETED>    (20) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (21) Treaty.--The term ``treaty'' means any 
        treaty--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) negotiated by the United States with, 
                or on behalf of, any Indian group in California, 
                regardless of whether the treaty was subsequently 
                ratified.</DELETED>
        <DELETED>    (22) Tribal roll.--The term ``tribal roll'' means 
        a list exclusively of individuals who--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) have affirmatively demonstrated 
                consent to being listed as members of the Indian 
                tribe.</DELETED>

<DELETED>SEC. 4. ACKNOWLEDGMENT PROCESS.</DELETED>

<DELETED>    (a) Letter of Intent.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Contents.--The Indian group shall include in 
        the letter of intent, to the maximum extent practicable--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the 1 or more names of the governing 
                body of the Indian group;</DELETED>
                <DELETED>    (C) the current address of the governing 
                body of the Indian group; and</DELETED>
                <DELETED>    (D) a brief narrative of the history of 
                the Indian group describing--</DELETED>
                        <DELETED>    (i) the geographic areas in which 
                        the Indian group may have been located during 
                        that history; and</DELETED>
                        <DELETED>    (ii) any relationships of the 
                        Indian group with other Indian tribes or Indian 
                        groups.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Requirements for Petitions.--</DELETED>
        <DELETED>    (1) Evidence.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) Any Indian tribe, organized band, 
                pueblo, community, or Alaska Native entity that, as of 
                the date of enactment of this Act, is 
                acknowledged.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (D) Any Indian group the relationship of 
                which with the Federal Government was expressly 
                terminated by an Act of Congress.</DELETED>
<DELETED>    (c) Notice of Receipt of a Petition; Schedule.--</DELETED>
        <DELETED>    (1) Publication.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Inclusions.--The notice shall 
                include--</DELETED>
                        <DELETED>    (i) the name and location of the 
                        petitioner;</DELETED>
                        <DELETED>    (ii) such other information as the 
                        Assistant Secretary determines will identify 
                        the petitioner;</DELETED>
                        <DELETED>    (iii) the date of receipt of the 
                        petition;</DELETED>
                        <DELETED>    (iv) information describing 1 or 
                        more locations at which a copy of the petition 
                        and related submissions may be examined by the 
                        public; and</DELETED>
                        <DELETED>    (v) a description of the procedure 
                        by which an interested party may submit--
                        </DELETED>
                                <DELETED>    (I) evidence in support of 
                                or in opposition to the request of the 
                                petitioner for acknowledgment; 
                                or</DELETED>
                                <DELETED>    (II) a request to be kept 
                                informed of all actions affecting the 
                                petition.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the submission of evidence and 
                arguments relating to the petition; and</DELETED>
                <DELETED>    (B) the publication of proposed findings 
                of the Assistant Secretary with respect to the 
                petition.</DELETED>
<DELETED>    (d) Review of Petitions.--</DELETED>
        <DELETED>    (1) In general.--On receipt of a documented 
        petition, the Assistant Secretary, in accordance with the 
        schedule established under subsection (c)(2), shall--</DELETED>
                <DELETED>    (A) conduct a review to determine whether 
                the petitioner is entitled to acknowledgment; 
                and</DELETED>
                <DELETED>    (B) publish in the Federal Register the 
                proposed findings of the Assistant Secretary with 
                respect to that determination.</DELETED>
        <DELETED>    (2) Content of review.--The review conducted under 
        paragraph (1) shall include consideration of--</DELETED>
                <DELETED>    (A) the petition;</DELETED>
                <DELETED>    (B) any supporting evidence; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Consideration of evidence.--Evidence received 
        from interested parties under subsection (c)(1)(B)(v)(I) shall 
        be--</DELETED>
                <DELETED>    (A) considered by the Assistant Secretary; 
                and</DELETED>
                <DELETED>    (B) noted in any final determination 
                regarding a petition.</DELETED>
        <DELETED>    (4) Other research.--In conducting a review under 
        this subsection, the Assistant Secretary may--</DELETED>
                <DELETED>    (A) initiate other research for any 
                purpose relating to--</DELETED>
                        <DELETED>    (i) analysis of the petition; 
                        or</DELETED>
                        <DELETED>    (ii) the acquisition of additional 
                        information concerning the status of the 
                        petitioner;</DELETED>
                <DELETED>    (B) initiate research through the pilot 
                project or the Board; and</DELETED>
                <DELETED>    (C) consider evidence submitted by 
                interested parties, including oral accounts of the 
                history of the petitioner submitted by other Indian 
                tribes.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) any applicable official act of the 
                Federal Government or a State government; or</DELETED>
                <DELETED>    (B) any applicable unofficial act of an 
                officer or agent of the Federal Government or a State 
                government.</DELETED>
<DELETED>    (e) Final Determination.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Notification of acknowledgment.--If the 
        Assistant Secretary determines under paragraph (1) that a 
        petitioner is entitled to acknowledgment, the Assistant 
        Secretary shall--</DELETED>
                <DELETED>    (A) acknowledge the petitioner;</DELETED>
                <DELETED>    (B) notify the petitioner and any 
                interested parties of the final determination to 
                acknowledge the petitioner;</DELETED>
                <DELETED>    (C) provide to the petitioner and any 
                interested parties a copy of the final determination; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (f) Judicial Review.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. DOCUMENTED PETITIONS.</DELETED>

<DELETED>    (a) Factors for Consideration.--A petition for 
acknowledgment submitted by an Indian group shall be in any readable 
form that--</DELETED>
        <DELETED>    (1) clearly indicates that the petition is a 
        documented petition requesting acknowledgment of the Indian 
        group; and</DELETED>
        <DELETED>    (2) contains detailed, specific evidence as 
        described in subsections (b) through (g).</DELETED>
<DELETED>    (b) Statement of Facts Relating to Identity.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) An identification of the petitioner as 
                an Indian entity by any department, agency, or 
                instrumentality of the Federal Government.</DELETED>
                <DELETED>    (B) A relationship between the petitioner 
                and any State government, based on an identification of 
                the petitioner by the State as an Indian 
                entity.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) An identification of the petitioner as 
                an Indian group by records in a private or public 
                archive, courthouse, church, or school.</DELETED>
                <DELETED>    (E) An identification of the petitioner as 
                an Indian group by an anthropologist, historian, or 
                other scholar.</DELETED>
                <DELETED>    (F) An identification of the petitioner as 
                an Indian group in a newspaper, book, or similar 
                medium.</DELETED>
                <DELETED>    (G) An identification of the petitioner as 
                an Indian group by an Indian tribe or by a national, 
                regional, or State Indian organization.</DELETED>
                <DELETED>    (H) An identification of the petitioner as 
                an Indian group by a foreign government or an 
                international organization.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Statement of Facts Relating to Evidence of 
Community.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) comprises a community distinct from 
                the communities surrounding that community; 
                and</DELETED>
                <DELETED>    (B) has existed as a community throughout 
                the historical period.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) Significant rates of marriage within 
                the membership of the petitioner, or, as may be 
                culturally required, patterned out-marriages with other 
                Indian populations.</DELETED>
                <DELETED>    (B) Significant social relationships 
                connecting individual members of the 
                petitioner.</DELETED>
                <DELETED>    (C) Significant rates of informal social 
                interaction that exist broadly among the members of the 
                petitioner.</DELETED>
                <DELETED>    (D) A significant degree of shared or 
                cooperative labor or other economic activity among the 
                membership of the petitioner.</DELETED>
                <DELETED>    (E) Evidence of strong patterns of 
                discrimination or other social distinctions against 
                members of the petitioner by nonmembers.</DELETED>
                <DELETED>    (F) Shared sacred or secular ritual 
                activity encompassing a majority of members of the 
                petitioner.</DELETED>
                <DELETED>    (G) Cultural patterns that--</DELETED>
                        <DELETED>    (i) are shared among a significant 
                        portion of the members of the 
                        petitioner;</DELETED>
                        <DELETED>    (ii) are different from the 
                        cultural patterns of the non-Indian populations 
                        with whom the membership of the petitioner 
                        interacts;</DELETED>
                        <DELETED>    (iii) function as more than a 
                        symbolic identification of the petitioner as 
                        Indian; and</DELETED>
                        <DELETED>    (iv) may include language, 
                        kinship, or religious organizations, or 
                        religious beliefs and practices.</DELETED>
                <DELETED>    (H) The persistence of a named, collective 
                Indian identity during a continuous period of at least 
                50 years, notwithstanding any change in name.</DELETED>
                <DELETED>    (I) A demonstration of historical 
                political influence or authority of the 
                petitioner.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (ii) the balance of the membership 
                maintains consistent social interaction with other 
                members of the petitioner;</DELETED>
                <DELETED>    (B) not less than </DELETED>\<DELETED>1/
                3</DELETED>\ <DELETED>of the marriages of the 
                petitioner are between members of the 
                petitioner;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (E) the petitioner has met the requirement 
                under subsection (d)(1) using evidence described in 
                subsection (d)(2).</DELETED>
<DELETED>    (d) Statement of Facts Relating to Autonomous Nature of 
Petitioner.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) A demonstration that the petitioner is 
                capable of mobilizing significant numbers of members 
                and significant member resource for purposes relating 
                to the petitioner.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) Evidence that the petitioner meets the 
                requirement of subsection (c)(1) at more than a minimal 
                level.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (F) A demonstration or description by the 
                petitioner of--</DELETED>
                        <DELETED>    (i) a continuous line of leaders 
                        of the petitioner; and</DELETED>
                        <DELETED>    (ii) the means by which a majority 
                        of the members of the petitioner selected, or 
                        approved the selection of, those 
                        leaders.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) the allocation of group resources such 
                as land, residence rights, or similar resources on a 
                consistent basis;</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) the organization or influencing of 
                economic subsistence activities among the members of 
                the petitioner, including shared or cooperative 
                labor.</DELETED>
<DELETED>    (e) Governing Document.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the membership criteria of the 
                petitioner; and</DELETED>
                <DELETED>    (B) the governing procedures of the 
                petitioner in effect as of the date of submission of 
                the petition.</DELETED>
<DELETED>    (f) List of Members.--</DELETED>
        <DELETED>    (1) In general.--A petition described in 
        subsection (a) shall include--</DELETED>
                <DELETED>    (A) a list of all members of the 
                petitioner as of the date of submission of the petition 
                that includes for each member--</DELETED>
                        <DELETED>    (i) a full name (and maiden name, 
                        if any);</DELETED>
                        <DELETED>    (ii) a date and place of birth; 
                        and</DELETED>
                        <DELETED>    (iii) a current residential 
                        address;</DELETED>
                <DELETED>    (B) a copy of each available former list 
                of members of the petitioner; and</DELETED>
                <DELETED>    (C) a statement describing the methods 
                used in preparing those lists.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) an Indian group that existed during 
                the historical period; or</DELETED>
                <DELETED>    (B) 1 or more Indian groups that, at any 
                time during the historical period, combined and 
                functioned as a single autonomous entity.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (g) Exceptions.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) ending on the date of submission of 
                the petition.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a party to 1 or more 
                treaties;</DELETED>
                <DELETED>    (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.);</DELETED>
                <DELETED>    (C) a group--</DELETED>
                        <DELETED>    (i) for the benefit of which the 
                        United States took land into trust; 
                        or</DELETED>
                        <DELETED>    (ii) that has been treated by the 
                        Federal Government as having collective rights 
                        in tribal land or funds; or</DELETED>
                <DELETED>    (D) a group that has been designated as an 
                Indian tribe by an Act of Congress or Executive 
                order.</DELETED>

<DELETED>SEC. 6. ADDITIONAL RESOURCES.</DELETED>

<DELETED>    (a) Independent Review and Advisory Board.--</DELETED>
        <DELETED>    (1) In general.--The Assistant Secretary shall 
        establish the Independent Review and Advisory Board--</DELETED>
                <DELETED>    (A) to assist the Assistant Secretary in 
                addressing unique evidentiary questions relating to the 
                acknowledgment process;</DELETED>
                <DELETED>    (B) to provide secondary peer review of 
                acknowledgment determinations by the Assistant 
                Secretary; and</DELETED>
                <DELETED>    (C) to enhance the credibility of the 
                acknowledgment process as perceived by Congress, 
                petitioners, interested parties, and the 
                public.</DELETED>
        <DELETED>    (2) Number and qualifications.--</DELETED>
                <DELETED>    (A) In general.--The Board shall be 
                composed of 9 individuals appointed by the Assistant 
                Secretary, of whom--</DELETED>
                        <DELETED>    (i) at least 3 individuals shall 
                        have a doctoral degree in 
                        anthropology;</DELETED>
                        <DELETED>    (ii) at least 3 individuals shall 
                        have a doctoral degree in genealogy;</DELETED>
                        <DELETED>    (iii) at least 2 individuals shall 
                        have a doctor of jurisprudence degree; 
                        and</DELETED>
                        <DELETED>    (iv) at least 1 individual shall 
                        be qualified as a historian, as determined by 
                        the Assistant Secretary.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) Status as employees.--A member of the 
                Board shall not be considered to be an employee of the 
                Department.</DELETED>
        <DELETED>    (3) Tenure; reimbursement.--</DELETED>
                <DELETED>    (A) Tenure.--A member of the Board--
                </DELETED>
                        <DELETED>    (i) shall be appointed for an 
                        initial term of 2 years; and</DELETED>
                        <DELETED>    (ii) may be reappointed for such 
                        additional terms as the Assistant Secretary 
                        determines to be appropriate.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Review and advice.--</DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) the Assistant Secretary is 
                        unable to determine the sufficiency of evidence 
                        for 1 or more of those requirements.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Level of review.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) confine the review 
                                to--</DELETED>
                                        <DELETED>    (aa) the evidence 
                                        submitted; or</DELETED>
                                        <DELETED>    (bb) the proposed 
                                        findings issued under section 
                                        4(d)(1)(B);</DELETED>
                                <DELETED>    (II) extend the review to 
                                the evidence submitted by petitioners 
                                and interested parties;</DELETED>
                                <DELETED>    (III) request that the 
                                Assistant Secretary request additional 
                                submissions by petitioners or 
                                interested parties; and</DELETED>
                                <DELETED>    (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.</DELETED>
<DELETED>    (b) Assistance to Petitioners and Interested Parties.--
</DELETED>
        <DELETED>    (1) Grants.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) a petition (including related 
                        evidence or documents); or</DELETED>
                        <DELETED>    (ii) a legal argument in support 
                        of or in opposition to a petition.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Federal Acknowledgment Research Pilot Project.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Composition.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) Proposals.--The Assistant Secretary 
                shall--</DELETED>
                        <DELETED>    (i) invite each institution 
                        identified under subparagraph (A) to submit to 
                        the Assistant Secretary a proposal for 
                        participation in the pilot project; 
                        and</DELETED>
                        <DELETED>    (ii) approve not more than 3 
                        proposals submitted under clause (i).</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) review submissions described in 
                paragraph (1); and</DELETED>
                <DELETED>    (B) submit to the Assistant Secretary 
                conclusions and recommendations of the research team 
                that are based on the submissions reviewed.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. INAPPLICABILITY OF FOIA.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the petition has been fully documented; 
        and</DELETED>
        <DELETED>    (2) the Assistant Secretary has published a notice 
        in accordance with section 4(c)(1)(A).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Assistance From Attorney General.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. EFFECT AND IMPLEMENTATION OF DECISIONS.</DELETED>

<DELETED>    (a) In General.--The acknowledgment of any petitioner 
under this Act shall not reduce or eliminate--</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Eligibility for Services and Benefits.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) have a government-to-government 
                relationship with the United States;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) have the responsibilities, 
                obligations, privileges, and immunities of those other 
                Indian tribes.</DELETED>
        <DELETED>    (2) Programs of the bureau.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Availability of programs.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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).</DELETED>
<DELETED>    (c) Needs Determination and Budget Request.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a determination of the needs of the 
                Indian tribe; and</DELETED>
                <DELETED>    (B) a recommended budget required to serve 
                the Indian tribe.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 9. REGULATIONS.</DELETED>

<DELETED>    The Secretary may--</DELETED>
        <DELETED>    (1) promulgate such regulations as are necessary 
        to carry out this Act; and</DELETED>
        <DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Acknowledgment Process 
Reform Act of 2004''.

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 administrative 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 administrative acknowledgment process; and
            (6) the Federal administrative 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 by administrative process, it does 
        so with a consistent legal, factual, and historical basis;
            (2) to provide clear and consistent standards to review 
        documented petitions for acknowledgment by administrative 
        process; 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 in a State 
        (excluding Hawaii) 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, in consultation with the petitioner and interested parties, 
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.--Not later than 360 days after 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) Extension.--For good cause, the Assistant Secretary may 
        extend the publication date for a period of not more than 180 
        days.
            (3) Content of review.--The review conducted under 
        paragraph (1) shall include consideration of--
                    (A) the petition;
                    (B) any supporting evidence;
                    (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; and
                    (D) submissions of interested parties submitted 
                under subsection (c)(1)(B)(v) and within the schedule 
                established under subsection (c)(2).
            (4) 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 proposed findings or final 
                determination regarding a petition.
            (5) 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.
            (6) 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 and interested parties an 
        opportunity to respond to the proposed findings of the 
        Assistant Secretary, 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) Deadline for issuance of final determination.--A final 
        determination under paragraph (1) shall be made not later than 
        360 days after publication of the proposed findings in the 
        Federal Register.
            (4) 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.--
                    (A) In general.--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.
                    (B) Applicability of other law.--Nothing in 
                paragraph (1) affects the applicability of chapter 7 of 
                title 5, United States Code (commonly known as the 
                ``Administrative Procedure Act''), or any other rights 
                under any other law.
    (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 11 
                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 
                        demonstrated expertise in genealogy;
                            (iii) at least 2 individuals shall have a 
                        doctor of jurisprudence degree; and
                            (iv) at least 3 individuals shall have a 
                        doctoral degree as a historian.
                    (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 
                        criteria 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.




                                                       Calendar No. 794

108th CONGRESS

  2d Session

                                 S. 297

                          [Report No. 108-403]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 10, 2004

                       Reported with an amendment