[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3475 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3475

   To require the prompt review by the Secretary of the Interior of 
Petition No. 120 for Federal recognition of the Amah Mutsun of Mission 
     San Juan Bautista as an Indian tribe, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2005

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

_______________________________________________________________________

                                 A BILL


 
   To require the prompt review by the Secretary of the Interior of 
Petition No. 120 for Federal recognition of the Amah Mutsun of Mission 
     San Juan Bautista as an Indian tribe, and for other purposes.

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

SECTION 1. PROMPT CONSIDERATION OF PETITION NO. 120 REQUESTING FEDERAL 
              RECOGNITION OF THE AMAH MUTSUN OF MISSION SAN JUAN 
              BAUTISTA AS AN INDIAN TRIBE.

    (a) Time Period for Proposed Finding.--Not later than 6 months 
after the date of the enactment of this Act, the Secretary shall 
publish a proposed finding with respect to Petition No. 120 for Federal 
recognition of the Tribe consistent with part 83 of title 25, Code of 
Federal Regulations.
    (b) Time Period for Final Determination.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary shall 
publish a final determination with respect to Petition No. 120 for 
Federal recognition of the Tribe consistent with part 83 of title 25, 
Code of Federal Regulations.
    (c) Number of Members not a Factor.--The number of persons listed 
on the membership roll for Petition No. 120 for Federal recognition of 
the Tribe shall not be taken into account in considering the petition, 
except that the Secretary may review the eligibility of individual 
members or groups listed in the petition in accordance with the 
provisions of part 83 of title 25, Code of Federal Regulations.
    (d) Effect of Failure to Comply.--If the Secretary fails to publish 
a proposed finding required by subsection (a) or a final determination 
required by subsection (b) by the end of the time period required for 
the proposed finding or final determination by such subsections, the 
Tribe may seek in the appropriate United States district court a 
determination by the court of whether the Tribe should be recognized as 
an Indian tribe in accordance with the criteria specified in section 
83.7 of title 25, Code of Federal Regulations. In any such action, the 
court shall treat such failure by the Secretary as final agency action.
    (e) Review of Adverse Decision.--If the final determination 
required by subsection (b) refuses to recognize the Tribe as an Indian 
tribe, the Tribe may seek, during the 1-year period beginning on the 
date on which the final determination is published, a review of the 
determination in the appropriate United States district court, 
notwithstanding the availability of other administrative remedies.
    (f) No Change in Criteria.--Nothing in this Act shall be construed 
to change the criteria established by the Department of the Interior to 
determine whether or not a petitioner meets the requirements to be a 
federally recognized Indian tribe.
    (g) Definitions.--For the purposes of this Act, the following 
definitions apply:
            (1) Tribe.--The term ``Tribe'' means the Indian tribe known 
        as the Amah Mutsun of Mission San Juan Bautista, whose petition 
        for Federal recognition as an Indian tribe has been designated 
        Petition No. 120 by the Secretary, and all members thereof 
        whose names appear on the Tribe's membership roll submitted to 
        the Secretary.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, or a designee of the Secretary.
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