[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 464 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 464

To provide for administrative procedures to extend Federal recognition 
           to certain Indian groups, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 2005

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

_______________________________________________________________________

                                 A BILL


 
To provide for administrative procedures to extend Federal recognition 
           to certain Indian groups, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Tribal Federal Recognition 
Administrative Procedures Act of 2005''.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) To remove the Federal acknowledgment process from the 
        Bureau of Indian Affairs and transfer the responsibility for 
        the process to an independent Commission on Indian Recognition.
            (2) To establish a Commission on Indian Recognition to 
        review and act upon documented petitions submitted by Indian 
        groups that apply for Federal recognition.
            (3) To establish an administrative procedure under which 
        petitions for Federal recognition filed by Indian groups will 
        be considered.
            (4) To provide clear and consistent standards of 
        administrative review of documented petitions for Federal 
        acknowledgment.
            (5) To clarify evidentiary standards and expedite the 
        administrative review process by providing adequate resources 
        to process documented petitions.
            (6) To ensure that when the Federal Government extends 
        acknowledgment to an Indian tribe, the Federal Government does 
        so with a consistent legal, factual, and historical basis.
            (7) To extend to Indian groups that are determined to be 
        Indian tribes the protection, services, and benefits available 
        from the Federal Government pursuant to the Federal trust 
        responsibility with respect to Indian tribes.
            (8) To extend to Indian groups that are determined to be 
        Indian tribes the immunities and privileges available to other 
        federally acknowledged Indian tribes by virtue of their status 
        as Indian tribes with a government-to-government relationship 
        with the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Acknowledgment.--The term ``acknowledgment'' means a 
        determination by the Commission on Indian Recognition that an 
        Indian group constitutes an Indian tribe with a government-to-
        government relationship with the United States.
            (2) Autonomous.--
                    (A) In general.--The term ``autonomous'' means the 
                exercise of political influence or authority 
                independent of the control of any other Indian 
                governing entity.
                    (B) Context of term.--With respect to a petitioner, 
                the term shall be understood in the context of the 
                history, geography, culture, and social organization of 
                the petitioner.
            (3) Bureau.--The term ``Bureau'' means the Bureau of Indian 
        Affairs of the Department.
            (4) Commission.--The term ``Commission'' means the 
        Commission on Indian Recognition established under section 4.
            (5) Community.--
                    (A) In general.--The term ``community'' means any 
                group of people, living within a reasonable territory, 
                that is able to demonstrate that
                            (i) consistent interactions and significant 
                        social relationships exist within the 
                        membership; and
                            (ii) the members of that group are 
                        differentiated from and identified as distinct 
                        from nonmembers.
                    (B) Context of term.--The term shall be understood 
                in the context of the history, culture, and social 
                organization of the group, taking into account the 
                geography of the region in which the group resides.
            (6) Continuous or continuously.--With respect to a period 
        of history of a group, the term ``continuous'' or 
        ``continuously'' means extending from 1900 throughout the 
        history of the group to the present substantially without 
        interruption.
            (7) Department.--The term ``Department'' means the 
        Department of the Interior.
            (8) Documented petition.--The term ``documented petition'' 
        means the detailed, factual exposition and arguments, including 
        all documentary evidence, necessary to demonstrate that those 
        arguments specifically address the mandatory criteria 
        established in section 5.
            (9) Historically, historical, history.--The terms 
        ``historically'', ``historical'', and ``history'' refer to the 
        period dating from 1900.
            (10) Indian group.--The term ``Indian group'' means any 
        Indian band, pueblo, village, or community that is not 
        acknowledged to be an Indian tribe.
            (11) Interested parties.--The term ``interested parties'' 
        means any person, organization, or other entity who can 
        establish a legal, factual, or property interest in an 
        acknowledgement determination and who requests an opportunity 
        to submit comments or evidence or to be kept informed of 
        Federal actions regarding a specific petitioner. The term 
        includes the government and attorney general of the State in 
        which a petitioner is located, and may include, but is not 
        limited to, local governmental units, and any recognized Indian 
        tribes and unrecognized Indian groups that might be affected by 
        an acknowledgement determination.
            (12) Letter of intent.--The term ``letter of intent'' means 
        an undocumented letter or resolution that--
                    (A) is dated and signed by the governing body of an 
                Indian group;
                    (B) is submitted to the Commission; and
                    (C) indicates the intent of the Indian group to 
                submit a documented petition for Federal 
                acknowledgment.
            (13) Petitioner.--The term ``petitioner'' means any group 
        that submits a letter of intent to the Commission requesting 
        acknowledgment.
            (14) Political influence or authority.--
                    (A) In general.--The term ``political influence or 
                authority'' means a tribal council, leadership, 
                internal process, or other mechanism that a group has 
                used as a means of--
                            (i) influencing or controlling the behavior 
                        of its members in a significant manner;
                            (ii) making decisions for the group which 
                        substantially affect its members; or
                            (iii) representing the group in dealing 
                        with nonmembers in matters of consequence to 
                        the group.
                    (B) Context of term.--The term shall be understood 
                in the context of the history, culture, and social 
                organization of the group.
            (15) Restoration.--The term ``restoration'' means the re-
        extension of acknowledgment to any previously acknowledged 
        tribe with respect to which the acknowledged status may have 
        been abrogated or diminished by reason of administrative action 
        by the Executive Branch or legislation enacted by Congress 
        expressly terminating that status.
            (16) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (17) 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 tribe;
                    (B) made by any government with, or on behalf of, 
                any Indian group or tribe, from which the Federal 
                Government or the colonial government which was the 
                predecessor to the United States 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, whether or 
                not the treaty was subsequently ratified.
            (18) Tribal roll.--The term ``tribal roll'' means a list 
        exclusively of those individuals who--
                    (A)(i) have been determined by the tribe to meet 
                the membership requirements of the tribe, as set forth 
                in the governing document of the tribe; or
                            (ii) in the absence of a governing document 
                        that sets forth those requirements, have been 
                        recognized as members by the governing body of 
                        the tribe; and
                    (B) have affirmatively demonstrated consent to 
                being listed as members of the tribe.

SEC. 4. COMMISSION ON INDIAN RECOGNITION.

    (a) Establishment.--There is established the Commission on Indian 
Recognition. The Commission shall be an independent establishment, as 
defined in section 104 of title 5, United States Code.
    (b) Membership.--
            (1) In general.--
                    (A) Members.--The Commission shall consist of 3 
                members appointed by the President, by and with the 
                advice and consent of the Senate.
                    (B) Individuals to be considered for membership.--
                In making appointments to the Commission, the President 
                shall give careful consideration to--
                            (i) recommendations received from Indian 
                        groups and Indian tribes; and
                            (ii) individuals who have a background or 
                        who have demonstrated expertise and experience 
                        in Indian law or policy, anthropology, 
                        genealogy, or Native American history.
                    (C) Background information.--No individual shall be 
                eligible for any appointment to, or continue service on 
                the Commission, who--
                            (i) has been convicted of a felony; or
                            (ii) has any financial interest in, or 
                        management responsibility for, any Indian 
                        group.
            (2) Political affiliation.--Not more than 2 members of the 
        Commission may be members of the same political party.
            (3) Terms.--Each member of the Commission shall be 
        appointed for a term of 6 years.
            (4) Vacancies.--Any vacancy in the Commission shall not 
        affect the powers of the Commission, but shall be filled in the 
        same manner in which the original appointment was made. Any 
        member appointed to fill a vacancy occurring before the 
        expiration of the term for which the predecessor of the member 
        was appointed shall be appointed only for the remainder of that 
        term. A member may serve after the expiration of the term of 
        that member until a successor has taken office.
            (5) Compensation.--
                    (A) In general.--Each member of the Commission 
                shall receive compensation at a rate equal to the daily 
                equivalent of the annual rate of basic pay prescribed 
                for level V of the Executive Schedule under section 
                5316 of title 5, United States Code, for each day, 
                including travel time, that the member is engaged in 
                the actual performance of duties authorized by the 
                Commission.
                    (B) Travel.--All members of the Commission shall be 
                reimbursed for travel and per diem in lieu of 
                subsistence expenses during the performance of duties 
                of the Commission while away from their homes or 
                regular places of business, in accordance with 
                subchapter I of chapter 57 of title 5, United States 
                Code.
            (6) Full-time employment.--Each member of the Commission 
        shall serve on the Commission as a full-time employee of the 
        Federal Government. No member of the Commission may, while 
        serving on the Commission, be otherwise employed as an officer 
        or employee of the Federal Government. Service by a member who 
        is an employee of the Federal Government at the time of 
        nomination as a member shall be without interruption or loss of 
        civil service status or privilege.
            (7) Chairperson.--At the time appointments are made under 
        paragraph (1), the President shall designate a Chairperson of 
        the Commission (referred to in this section as the 
        ``Chairperson'') from among the appointees.
    (c) Meetings and Procedures.--
            (1) In general.--The Commission shall hold its first 
        meeting not later than 30 days after the date on which all 
        members of the Commission have been appointed and confirmed by 
        the Senate.
            (2) Quorum.--Two members of the Commission shall constitute 
        a quorum for the transaction of business.
            (3) Rules.--The Commission may adopt such rules (consistent 
        with the provisions of this Act) as may be necessary to 
        establish the procedures of the Commission and to govern the 
        manner of operations, organization, and personnel of the 
        Commission.
            (4) Principal office.--The principal office of the 
        Commission shall be in the District of Columbia.
    (d) Duties.--The Commission shall carry out the duties assigned to 
the Commission by this Act, and shall meet the requirements imposed on 
the Commission by this Act.
    (e) Powers and Authorities.--
            (1) Powers and authorities of chairperson.--Subject to such 
        rules and regulations as may be adopted by the Commission, the 
        Chairperson may--
                    (A) appoint, terminate, and fix the compensation 
                (without regard to the provisions of title 5, United 
                States Code, governing appointments in the competitive 
                service, and without regard to the provisions of 
                chapter 51 and subchapter III of chapter 53 of that 
                title, or of any other provision of law, relating to 
                the number, classification, and General Schedule rates) 
                of an Executive Director of the Commission and of such 
                other personnel as the Chairperson considers advisable 
                to assist in the performance of the duties of the 
                Commission, at a rate not to exceed a rate equal to the 
                daily equivalent of the annual rate of basic pay 
                prescribed for level V of the Executive Schedule under 
                section 5316 of title 5, United States Code; and
                    (B) procure, as authorized by section 3109(b) of 
                title 5, United States Code, temporary and intermittent 
                services to the same extent as is authorized by law for 
                agencies in the executive branch, but at rates not to 
                exceed the daily equivalent of the annual rate of basic 
                pay prescribed for level V of the Executive Schedule 
                under section 5316 of that title.
            (2) General powers and authorities of commission.--
                    (A) In general.--The Commission may hold such 
                hearings and sit and act at such times as the 
                Commission considers appropriate.
                    (B) Other authorities.--As the Commission may 
                consider advisable, the Commission may--
                            (i) take testimony;
                            (ii) have printing and binding done;
                            (iii) enter into contracts and other 
                        arrangements, subject to the availability of 
                        funds;
                            (iv) make expenditures; and
                            (v) take other actions.
                    (C) Oaths and affirmations.--Any member of the 
                Commission may administer oaths or affirmations to 
                witnesses appearing before the Commission.
            (3) Information.--
                    (A) In general.--The Commission may secure directly 
                from any officer, department, agency, establishment, or 
                instrumentality of the Federal Government such 
                information as the Commission may require to carry out 
                this Act. Each such officer, department, agency, 
                establishment, or instrumentality shall furnish, to the 
                extent permitted by law, such information, suggestions, 
                estimates, and statistics directly to the Commission, 
                upon the request of the Chairperson.
                    (B) Facilities, services, and details.--Upon the 
                request of the Chairperson, to assist the Commission in 
                carrying out the duties of the Commission under this 
                section, the head of any Federal department, agency, or 
                instrumentality may--
                            (i) make any of the facilities and services 
                        of that department, agency, or instrumentality 
                        available to the Commission; and
                            (ii) detail any of the personnel of that 
                        department, agency, or instrumentality to the 
                        Commission, on a non-reimbursable basis.
                    (C) Mails.--The Commission may use the United 
                States mails in the same manner and under the same 
                conditions as other departments and agencies of the 
                United States.
    (f) Federal Advisory Committee Act.--The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.
    (g) Termination of Commission.--The Commission shall terminate on 
the date that is 12 years after the date of the first meeting of the 
Commission.
    (h) Appointments.--Notwithstanding any other provision of this Act, 
the Secretary shall continue to exercise those authorities vested in 
the Secretary relating to supervision of Indian recognition regulated 
under part 83 of title 25 of the Code of Federal Regulations until such 
time as the Commission is organized and prescribes regulations. The 
Secretary shall provide staff and support assistance to facilitate an 
orderly transition to regulation of Indian recognition by the 
Commission.

SEC. 5. DOCUMENTED PETITIONS FOR RECOGNITION.

    (a) In General.--
            (1) Letters of intent and documented petitions.--Subject to 
        subsection (d) and except as provided in paragraph (3), any 
        Indian group may submit to the Commission letters of intent and 
        a documented petition requesting that the Commission recognize 
        the group as an Indian tribe.
            (2) Hearing.--
                    (A) In general.--Indian groups that have been 
                denied or refused recognition as an Indian tribe under 
                regulations prescribed by the Secretary shall be 
                entitled to an adjudicatory hearing under section 9 
                before the Commission, if the Commission determines 
                that the criteria established by this Act changes the 
                merits of the Indian group's documented petition 
                submitted to the Department.
                    (B) Hearing record.--For purposes of subparagraph 
                (A), the Commission shall review the administrative 
                record containing the documented petition that formed 
                the basis of the determination to the Indian group by 
                the Secretary.
                    (C) Treatment of secretary's final determination.--
                For purposes of the adjudicatory hearing, the 
                Secretary's final determination shall be considered a 
                preliminary determination under section 8(b)(1)(B).
                    (D) Official government actions to be considered 
                concerning evidence of criteria.--A statement and an 
                analysis of facts submitted under this section may 
                establish that, for any given period of time for which 
                evidence of criteria is lacking, such absence of 
                evidence corresponds in time with official acts of the 
                Federal or relevant State Government which prohibited 
                or penalized the expression of Indian identity. For 
                such periods of time, the absence of evidence shall not 
                be the basis for declining to acknowledge the 
                petitioner.
            (3) Exclusion.--The following groups and entities shall not 
        be eligible to submit a documented petition for recognition by 
        the Commission under this Act:
                    (A) Certain entities that are eligible to receive 
                services from the bureau.--Indian tribes, organized 
                bands, pueblos, communities, and Alaska Native entities 
                that are recognized by the Secretary as of the date of 
                enactment of this Act as eligible to receive services 
                from the Bureau.
                    (B) Certain splinter groups, political factions, 
                and communities.--Splinter groups, political factions, 
                communities, or groups of any character that separate 
                from the main body of an Indian tribe that, at the time 
                of that separation, is recognized as an Indian tribe by 
                the Secretary, unless the group, faction, or community 
                is able to establish clearly that the group, faction, 
                or community has functioned throughout history until 
                the date of the documented petition as an autonomous 
                Indian tribal entity.
                    (C) Certain groups that have previously submitted 
                documented petitions.--Groups, or successors in 
                interest of groups, that before the date of enactment 
                of this Act, have petitioned for and been denied or 
                refused recognition based on the merits of their 
                petition as an Indian tribe under regulations 
                prescribed by the Secretary (other than an Indian group 
                described in paragraph (2)(A)). Nothing in this 
                subparagraph shall be construed as excluding any group 
                that Congress has identified as Indian, but has not 
                identified as an Indian tribe.
                    (D) Indian groups subject to termination.--Any 
                Indian group whose relationship with the Federal 
                Government was expressly terminated by an Act of 
                Congress.
            (4) Transfer of documented petition.--
                    (A) In general.--Notwithstanding any other 
                provision of law, not later than 30 days after the date 
                on which all of the members of the Commission have been 
                appointed and confirmed by the Senate under section 
                4(b), the Secretary shall transfer to the Commission 
                all documented petitions and letters of intent pending 
                before the Department that request the Secretary to 
                recognize or acknowledge an Indian group as an Indian 
                tribe.
                    (B) Cessation of certain authorities of 
                secretary.--Notwithstanding any other provision of law, 
                on the date of the transfer under subparagraph (A), the 
                Secretary and the Department shall cease to have any 
                authority to recognize or acknowledge, on behalf of the 
                Federal Government, any Indian group as an Indian 
                tribe.
                    (C) Determination of order of submission of 
                transferred documented petitions.--Documented petitions 
                transferred to the Commission under subparagraph (A) 
                shall, for purposes of this Act, be considered as 
                having been submitted to the Commission in the same 
                order as those documented petitions were submitted to 
                the Department.
    (b) Documented Petition Form and Content.--Except as provided in 
subsection (c), any documented petition submitted under subsection (a) 
by an Indian group shall be in any readable form that clearly indicates 
that the documented petition is a documented petition requesting the 
Commission to recognize the Indian group as an Indian tribe and that 
contains detailed, specific evidence concerning each of the following 
items:
            (1) Statement of facts.--A statement of facts and an 
        analysis of such facts establishing that the petitioner has 
        been identified as an American Indian entity on a substantially 
        continuous basis since 1900. Evidence that the character of the 
        group as an Indian entity has from time to time been denied 
        shall not be considered to be conclusive evidence that this 
        criterion has not been met. Evidence that the Commission may 
        rely on in determining the Indian identity of a group may 
        include any 1 or more of the following items:
                    (A) Identification of petitioner.--An 
                identification of the petitioner as an Indian entity by 
                any department, agency, or instrumentality of the 
                Federal Government.
                    (B) Relationship of petitioner with state 
                government.--A relationship between the petitioner and 
                any State government, based on an identification of the 
                petitioner as an Indian entity.
                    (C) Relationship of petitioner with a political 
                subdivision of a state.--Dealings of the petitioner 
                with a county or political subdivision of a State in a 
                relationship based on the Indian identity of the 
                petitioner.
                    (D) Identification of petitioner on the basis of 
                certain records.--An identification of the petitioner 
                as an Indian entity by records in a private or public 
                archive, courthouse, church, or school.
                    (E) Identification of petitioner by certain 
                experts.--An identification of the petitioner as an 
                Indian entity by an anthropologist, historian, or other 
                scholar.
                    (F) Identification of petitioner by certain 
                media.--An identification of the petitioner as an 
                Indian entity in a newspaper, book, or similar medium.
                    (G) Identification of petitioner by another indian 
                tribe or organization.--An identification of the 
                petitioner as an Indian entity by another Indian tribe 
                or by a national, regional, or State Indian 
                organization.
                    (H) Identification of petitioner by a foreign 
                government or international organization.--An 
                identification of the petitioner as an Indian entity by 
                a foreign government or an international organization.
                    (I) Other evidence of identification.--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.
            (2) Evidence of community.--
                    (A) In general.--A statement of facts and an 
                analysis of such facts establishing that a predominant 
                portion of the membership of the petitioner--
                            (i) comprises a community distinct from 
                        those communities surrounding that community; 
                        and
                            (ii) has existed as a community from 
                        historical times to the present.
                    (B) Evidence.--Evidence that the Commission may 
                rely on in determining that the petitioner meets the 
                criteria described in clauses (i) and (ii) of 
                subparagraph (A) may include 1 or more of the following 
                items:
                            (i) Marriages.--Significant rates of 
                        marriage within the group, or, as may be 
                        culturally required, patterned out-marriages 
                        with other Indian populations.
                            (ii) Social relationships.--Significant 
                        social relationships connecting individual 
                        members.
                            (iii) Social interaction.--Significant 
                        rates of informal social interaction which 
                        exist broadly among the members of a group.
                            (iv) Shared economic activity.--A 
                        significant degree of shared or cooperative 
                        labor or other economic activity among the 
                        membership.
                            (v) Discrimination or other social 
                        distinctions.--Evidence of strong patterns of 
                        discrimination or other social distinctions by 
                        nonmembers.
                            (vi) Shared ritual activity.--Shared sacred 
                        or secular ritual activity encompassing most of 
                        the group.
                            (vii) Cultural patterns.--Cultural patterns 
                        that--
                                    (I) are shared among a significant 
                                portion of the group that are different 
                                from the cultural patterns of the non-
                                Indian populations with whom the group 
                                interacts;
                                    (II) function as more than a 
                                symbolic identification of the group as 
                                Indian; and
                                    (III) may include language, 
                                kinship, or religious organizations, or 
                                religious beliefs and practices.
                            (viii) Collective indian identity.--The 
                        persistence of a named, collective Indian 
                        identity continuously over a period of more 
                        than 50 years, notwithstanding changes in name.
                            (ix) Historical political influence.--A 
                        demonstration of historical political influence 
                        pursuant to the criteria set forth in paragraph 
                        (3).
                            (x) Extended kinship ties.--Not less than 
                        50 percent of the tribal members exhibit 
                        collateral kinship ties through generations to 
                        the third degree.
                    (C) Criteria for sufficient evidence.--The 
                Commission shall consider the petitioner to have 
                provided sufficient evidence of community at a given 
                point in time if the petitioner has provided evidence 
                that demonstrates any one of the following:
                            (i) Residence of members.--More than 50 
                        percent of the members of the group of the 
                        petitioner reside in a particular geographical 
                        area exclusively or almost exclusively composed 
                        of members of the group, and the balance of the 
                        group maintains consistent social interaction 
                        with some members of the community.
                            (ii) Marriages.--Not less than 1/3 of the 
                        marriages of the group are between members of 
                        the group.
                            (iii) Distinct cultural patterns.--Not less 
                        than 50 percent of the members of the group 
                        maintain distinct cultural patterns including 
                        language, kinship, or religious organizations, 
                        or religious beliefs or practices.
                            (iv) Community social institutions.--
                        Distinct community social institutions 
                        encompassing 50 percent of the members of the 
                        group, such as kinship organizations, formal or 
                        informal economic cooperation, or religious 
                        organizations.
                            (v) Applicability of criteria.--The group 
                        has met the criterion in paragraph (3) using 
                        evidence described in paragraph (3)(B).
            (3) Autonomous entity.--
                    (A) In general.--A statement of facts and an 
                analysis of such facts establishing that the petitioner 
                has maintained political influence or authority over 
                its members as an autonomous entity from historical 
                times until the time of the documented petition. The 
                Commission may rely on 1 or more of the following items 
                in determining whether a petitioner meets the criterion 
                described in the preceding sentence:
                            (i) Mobilization of members.--The group is 
                        capable of mobilizing significant numbers of 
                        members and significant resources from its 
                        members for group purposes.
                            (ii) Issues of personal importance.--Most 
                        of the membership of the group consider issues 
                        acted upon or taken by group leaders or 
                        governing bodies to be of personal importance.
                            (iii) Political process.--There is 
                        widespread knowledge, communication, and 
                        involvement in political processes by most of 
                        the members of the group.
                            (iv) Level of application of criteria.--The 
                        group meets the criterion described in 
                        paragraph (2) at more than a minimal level.
                            (v) Intragroup conflicts.--There are 
                        intragroup conflicts which show controversy 
                        over valued group goals, properties, policies, 
                        processes, or decisions.
                            (vi) Continuous line of group leaders.--A 
                        continuous line of group leaders with a 
                        description of the means of selection or 
                        acquiescence by a majority of the group's 
                        members.
                    (B) Evidence of exercise of political influence or 
                authority.--The Commission shall consider that a 
                petitioner has provided sufficient evidence to 
                demonstrate the exercise of political influence or 
                authority at a given point in time by demonstrating 
                that group leaders or other mechanisms exist or have 
                existed that accomplish the following:
                            (i) Allocation of group resources.--
                        Allocate group resources such as land, 
                        residence rights, or similar resources on a 
                        consistent basis.
                            (ii) Settlement of disputes.--Settle 
                        disputes between members or subgroups such as 
                        clans or lineages by mediation or other means 
                        on a regular basis.
                            (iii) Influence on behavior of individual 
                        members.--Exert strong influence on the 
                        behavior of individual members, such as the 
                        establishment or maintenance of norms and the 
                        enforcement of sanctions to direct or control 
                        behavior.
                            (iv) Economic subsistence activities.--
                        Organize or influence economic subsistence 
                        activities among the members, including shared 
                        or cooperative labor.
                    (C) Temporality of sufficiency of evidence.--A 
                group that has met the requirements of paragraph (2)(C) 
                at any point in time shall be considered to have 
                provided sufficient evidence to meet the criterion 
                described in subparagraph (A) at that point in time.
            (4) Governing document.--A copy of the then present 
        governing document of the petitioner that includes the 
        membership criteria of the petitioner. In the absence of a 
        written document, the petitioner shall be required to provide a 
        statement describing in full the membership criteria of the 
        petitioner and the then current governing procedures of the 
        petitioner.
            (5) List of members.--
                    (A) In general.--A list of all then current members 
                of the petitioner, including the full name (and maiden 
                name, if any), date, and place of birth, and then 
                current residential address of each member, a copy of 
                each available former list of members based on the 
                criteria defined by the petitioner, and a statement 
                describing the methods used in preparing those lists.
                    (B) Requirements for membership.--In order for the 
                Commission to consider the members of the group to be 
                members of an Indian tribe for the purposes of the 
                documented petition, that membership shall be required 
                to consist of established descendancy from an Indian 
                group that existed historically, or from historical 
                Indian groups that combined and functioned as a single 
                autonomous entity.
                    (C) Evidence of tribal membership.--Evidence of 
                tribal membership required by the Commission for a 
                determination of tribal membership shall include the 
                following items:
                            (i) Descendancy rolls.--Descendancy rolls 
                        prepared by the Secretary for the petitioner 
                        for purposes of distributing claims money, 
                        providing allotments, or other purposes.
                            (ii) Certain official records.--Federal, 
                        State, or other official records or evidence 
                        identifying then present members of the 
                        petitioner, or ancestors of then present 
                        members of the petitioner, as being descendants 
                        of a historic tribe or historic tribes that 
                        combined and functioned as a single autonomous 
                        political entity.
                            (iii) Enrollment records.--Church, school, 
                        and other similar enrollment records 
                        identifying then present members or ancestors 
                        of then present members as being descendants of 
                        a historic tribe or historic tribes that 
                        combined and functioned as a single autonomous 
                        political entity.
                            (iv) Affidavits of recognition.--Affidavits 
                        of recognition by tribal elders, leaders, or 
                        the tribal governing body identifying then 
                        present members or ancestors of then present 
                        members as being descendants of 1 or more 
                        historic tribes that combined and functioned as 
                        a single autonomous political entity.
                            (v) Other records or evidence.--Other 
                        records or evidence based upon firsthand 
                        experience of historians, anthropologists, and 
                        genealogists with established expertise on the 
                        petitioner or Indian entities in general, 
                        identifying then present members or ancestors 
                        of then present members as being descendants of 
                        1 or more historic tribes that combined and 
                        functioned as a single autonomous political 
                        entity.
    (c) Exceptions.--A documented petition from an Indian group that is 
able to demonstrate by a preponderance of the evidence that the group 
was, or is the successor in interest to, a--
            (1) party to a treaty or treaties;
            (2) group acknowledged by any agency of the Federal 
        Government as eligible to participate under the Act of June 18, 
        1934 (commonly referred to as the ``Indian Reorganization 
        Act'') (48 Stat. 984 et seq., chapter 576; 25 U.S.C. 461 et 
        seq.);
            (3) group for the benefit of which the United States took 
        into trust lands, or which the Federal Government has treated 
        as having collective rights in tribal lands or funds; or
            (4) group that has been denominated a tribe by an Act of 
        Congress or Executive order,
shall be required to establish the criteria set forth in this section 
only with respect to the period beginning on the date of the applicable 
action described in paragraph (1), (2), (3), or (4) and ending on the 
date of submission of the documented petition.
    (d) Deadline for Submission.--
            (1) Documented petitions.--No Indian group may submit a 
        documented petition to the Commission after 8 years after the 
        date of the first meeting of the Commission.
            (2) Letters of intent.--In the case of a letter of intent, 
        the Commission shall publish in the Federal Register a notice 
        of such receipt, including the name, location, and mailing 
        address of the petitioner. A petitioner who has submitted a 
        letter of intent or had a letter of intent transferred to the 
        Commission under section 5 shall be required to submit a 
        documented petition within 3 years after the date of the first 
        meeting of the Commission to the Commission. No letters of 
        intent will be accepted by the Commission after 3 years after 
        the date of the first meeting of the Commission.

SEC. 6. NOTICE OF RECEIPT OF DOCUMENTED PETITION.

    (a) Petitioner.--
            (1) In general.--Not later than 30 days after a documented 
        petition is submitted or transferred to the Commission under 
        section 5(a), the Commission shall--
                    (A) send an acknowledgement of receipt in writing 
                to the petitioner; and
                    (B) publish in the Federal Register a notice of 
                that receipt, including the name, location, and mailing 
                address of the petitioner and such other information 
                that--
                            (i) identifies the entity that submitted 
                        the documented petition and the date the 
                        documented petition was received by the 
                        Commission;
                            (ii) indicates where a copy of the 
                        documented petition may be examined; and
                            (iii) indicates whether the documented 
                        petition is a transferred documented petition 
                        that is subject to the special provisions under 
                        paragraph (2).
            (2) Special provisions for transferred documented 
        petitions.--
                    (A) In general.--With respect to a documented 
                petition that is transferred to the Commission under 
                section 5(a)(4), the notice provided to the petitioner, 
                shall, in addition to providing the information 
                specified in paragraph (1), inform the petitioner 
                whether the documented petition constitutes a 
                documented petition that meets the requirements of 
                section 5.
                    (B) Amended petitions.--If the petition described 
                in subparagraph (A) is not a documented petition, the 
                Commission shall notify the petitioner that the 
                petitioner may, not later than 120 days after the date 
                of the notice, submit to the Commission an amended 
                petition that is a documented petition for review under 
                section 7.
                    (C) Effect of amended petition.--To the extent 
                practicable, the submission of an amended petition by a 
                petitioner by the date specified in this paragraph 
                shall not affect the order of consideration of the 
                petition by the Commission.
    (b) Others.--In addition to providing the notification required 
under subsection (a), the Commission shall notify, in writing, the 
Governor and attorney general of, and each federally recognized Indian 
tribe within, any State in which a petitioner resides.
    (c) Publication; Opportunity for Supporting or Opposing 
Submissions.--
            (1) Publication.--The Commission shall publish the notice 
        of receipt of each documented petition (including any amended 
        petition submitted pursuant to subsection (a)(2)) in a major 
        newspaper of general circulation in the town or city located 
        nearest the location of the petitioner.
            (2) Opportunity for supporting or opposing submissions.--
                    (A) In general.--Each notice published under 
                paragraph (1) shall include, in addition to the 
                information described in subsection (a), notice of 
                opportunity for other parties involved with the 
                petitioners to submit factual or legal arguments in 
                support of, or in opposition to, the documented 
                petition.
                    (B) Copy to petitioner.--A copy of any submission 
                made under subparagraph (A) shall be provided to the 
                petitioner within 90 days upon receipt by the 
                Commission.
                    (C) Response.--The petitioner shall be provided an 
                opportunity to respond within 90 days to any submission 
                made under subparagraph (A) before a determination on 
                the documented petition by the Commission.

SEC. 7. PROCESSING THE DOCUMENTED PETITION.

    (a) Review.--
            (1) In general.--Upon receipt of a documented petition 
        submitted or transferred under section 5(a) or submitted under 
        section 6(a)(2)(B), the Commission shall conduct a review to 
        determine whether the petitioner is entitled to be recognized 
        as an Indian tribe.
            (2) Content of review.--The review conducted under 
        paragraph (1) shall include consideration of the documented 
        petition, supporting evidence, and the factual statements 
        contained in the documented petition.
            (3) Other research.--In conducting a review under this 
        subsection, the Commission may--
                    (A) initiate other research for any purpose 
                relative to analyzing the documented petition and 
                obtaining additional information about the status of 
                the petitioner; and
                    (B) consider such evidence as may be submitted by 
                interested parties.
            (4) Access to library of congress and national archives.--
        Upon request by the petitioner, the appropriate officials of 
        the Library of Congress and the National Archives shall allow 
        access by the petitioner to the resources, records, and 
        documents of those entities, for the purpose of conducting 
        research and preparing evidence concerning the status of the 
        petitioner.
    (b) Consideration.--
            (1) In general.--Except as otherwise provided in this 
        subsection, documented petitions submitted or transferred to 
        the Commission shall be considered on a first come, first 
        served basis, determined by the date of the original filing of 
        each such documented petition with the Commission (or the 
        Department if the documented petition is transferred to the 
        Commission pursuant to section 5(a)(4) or is an amended 
        petition submitted pursuant to section 6(a)(2)(B)). The 
        Commission shall establish a priority register that includes 
        documented petitions that are pending before the Department as 
        of the date of the first meeting of the Commission.
            (2) Priority consideration.--Each documented petition (that 
        is submitted or transferred to the Commission pursuant to 
        section 5(a) or that is submitted to the Commission pursuant to 
        section 6(a)(2)(B)) of an Indian group that meets 1 or more of 
        the requirements set forth in section 5(c) shall receive 
        priority consideration over a documented petition submitted by 
        any other Indian group.

SEC. 8. PRELIMINARY HEARING.

    (a) In General.--Not later than 60 days after the receipt of a 
documented petition by the Commission submitted or transferred under 
section 5(a) or submitted to the Commission pursuant to section 
6(a)(2)(B), the Commission shall set a date for a preliminary hearing, 
which shall in no instance be held later than 180 days after receipt of 
the documented petition. At the preliminary hearing, the petitioner and 
any other interested party may provide evidence concerning the status 
of the petitioner.
    (b) Determination.--
            (1) In general.--Not later than 30 days after the 
        conclusion of a preliminary hearing under subsection (a), the 
        Commission shall make a determination--
                    (A) to extend Federal acknowledgment of the 
                petitioner as an Indian tribe to the petitioner; or
                    (B) that the petitioner should proceed to an 
                adjudicatory hearing.
            (2) Notice of determination.--The Commission shall publish 
        in the Federal Register a notice of each determination made 
        under paragraph (1).
    (c) Information to Be Provided Preparatory to an Adjudicatory 
Hearing.--
            (1) In general.--If the Commission makes a determination 
        under subsection (b)(1)(B) that the petitioner should proceed 
        to an adjudicatory hearing, the Commission shall--
                    (A)(i) not later than 30 days after the date of 
                such determination, make available appropriate 
                evidentiary records of the Commission to the petitioner 
                to assist the petitioner in preparing for the 
                adjudicatory hearing; and
                            (ii) include such guidance as the 
                        Commission considers necessary or appropriate 
                        to assist the petitioner in preparing for the 
                        hearing; and
                    (B) not later than 30 days after the conclusion of 
                the preliminary hearing under subsection (a), provide a 
                written notification to the petitioner that includes a 
                list of any deficiencies or omissions that the 
                Commission relied on in making a determination under 
                subsection (b)(1)(B).
            (2) Subject of adjudicatory hearing.--The list of 
        deficiencies and omissions provided by the Commission to a 
        petitioner under paragraph (1)(B) shall be the subject of the 
        adjudicatory hearing. The Commission may not make any additions 
        to the list after the Commission issues the list.

SEC. 9. ADJUDICATORY HEARING.

    (a) In General.--Not later than 180 days after the conclusion of a 
preliminary hearing under section 8(a), the Commission shall afford a 
petitioner who is subject to section 8(b)(1)(B) an adjudicatory 
hearing. The subject of the adjudicatory hearing shall be the list of 
deficiencies and omissions provided under section 8(c)(1)(B) and shall 
be conducted pursuant to sections 554, 556, and 557 of title 5, United 
States Code.
    (b) Testimony From Staff of Commission.--In any hearing held under 
subsection (a), the Commission shall require testimony from the 
acknowledgement and research staff of the Commission or other witnesses 
involved in the preliminary determination. Any such testimony shall be 
subject to cross-examination by the petitioner.
    (c) Evidence by Petitioner.--In any hearing held under subsection 
(a), the petitioner may provide such evidence as the petitioner 
considers appropriate.
    (d) Determination by Commission.--Not later than 60 days after the 
conclusion of any hearing held under subsection (a), the Commission 
shall--
            (1) make a determination concerning the extension or denial 
        of Federal acknowledgment of the petitioner as an Indian tribe 
        to the petitioner;
            (2) publish the determination of the Commission under 
        paragraph (1) in the Federal Register; and
            (3) deliver a copy of the determination to the petitioner, 
        and to every other interested party.

SEC. 10. APPEALS.

    (a) In General.--Not later than 60 days after the date that the 
Commission publishes a determination under section 9(d), the petitioner 
may appeal the determination to the United States District Court for 
the District of Columbia.
    (b) Attorney Fees.--If the petitioner prevails in an appeal made 
under subsection (a), the petitioner shall be eligible for an award of 
reasonable attorney fees and costs under section 504 of title 5, United 
States Code, or section 2412 of title 28, United States Code, whichever 
is applicable.

SEC. 11. EFFECT OF DETERMINATIONS.

    A determination by the Commission under section 9(d) that an Indian 
group is recognized by the Federal Government as an Indian tribe shall 
not have the effect of depriving or diminishing--
            (1) the right of any other Indian tribe to govern the 
        reservation of such other tribe as that reservation existed 
        before the recognition of that Indian group, or as that 
        reservation may exist thereafter;
            (2) any property right held in trust or recognized by the 
        United States for that other Indian tribe as that property 
        existed before the recognition of that Indian group; or
            (3) any previously or independently existing claim by a 
        petitioner to any such property right held in trust by the 
        United States for that other Indian tribe before the 
        recognition by the Federal Government of that Indian group as 
        an Indian tribe.

SEC. 12. IMPLEMENTATION OF DECISIONS.

    (a) Eligibility for Services and Benefits.--
            (1) In general.--Subject to paragraph (2), upon recognition 
        by the Commission of a petitioner as an Indian tribe under this 
        Act, the Indian tribe shall--
                    (A) be eligible for the services and benefits from 
                the Federal Government that are available to other 
                federally recognized Indian tribes by virtue of their 
                status as Indian tribes with a government-to-government 
                relationship with the United States; and
                    (B) have the responsibilities, obligations, 
                privileges, and immunities of those Indian tribes.
            (2) Programs of the bureau.--
                    (A) In general.--The recognition of an Indian group 
                as an Indian tribe by the Commission under this Act 
                shall not create an immediate entitlement to programs 
                of the Bureau in existence on the date of the 
                recognition.
                    (B) Availability of programs.--
                            (i) In general.--The programs described in 
                        subparagraph (A) shall become available to the 
                        Indian tribe upon the appropriation of funds.
                            (ii) Requests for appropriations.--The 
                        Secretary and the Secretary of Health and Human 
                        Services shall forward budget requests for 
                        funding the programs for the Indian tribe 
                        pursuant to the needs determination procedures 
                        established under subsection (b).
    (b) Needs Determination and Budget Request.--
            (1) In general.--Not later than 180 days after an Indian 
        group is recognized by the Commission as an Indian tribe under 
        this Act, the appropriate officials of the Bureau and the 
        Indian Health Service of the Department of Health and Human 
        Services shall consult and develop in cooperation with the 
        Indian tribe, and forward to the Secretary or the Secretary of 
        Health and Human Services, as appropriate, a determination of 
        the needs of the Indian tribe and a recommended budget required 
        to serve the newly recognized Indian tribe.
            (2) Submission of budget request.--Upon receipt of the 
        information described in paragraph (1), the appropriate 
        Secretary shall submit to the President a recommended budget 
        along with recommendations, concerning the information received 
        under paragraph (1), for inclusion in the annual budget 
        submitted by the President to the Congress pursuant to section 
        1108 of title 31, United States Code.

SEC. 13. ANNUAL REPORT CONCERNING COMMISSION'S ACTIVITIES.

    (a) List of Recognized Tribes.--Not later than 90 days after the 
first meeting of the Commission, and annually on or before each January 
30 thereafter, the Commission shall publish in the Federal Register a 
list of all Indian tribes that--
            (1) are recognized by the Federal Government; and
            (2) receive services from the Bureau.
    (b) Annual Report.--
            (1) In general.--Beginning on the date that is 1 year after 
        the date of the first meeting of the Commission, and annually 
        thereafter, the Commission shall prepare and submit a report to 
        the Committee on Indian Affairs of the Senate and the Committee 
        on Resources of the House of Representatives that describes the 
        activities of the Commission.
            (2) Content of reports.--Each report submitted under this 
        subsection shall include, at a minimum, for the year that is 
        the subject of the report--
                    (A) the number of documented petitions pending at 
                the beginning of the year and the names of the 
                petitioners;
                    (B) the number of documented petitions received 
                during the year and the names of the petitioners;
                    (C) the number of documented petitions the 
                Commission approved for acknowledgment during the year 
                and the names of the acknowledged petitioners;
                    (D) the number of documented petitions the 
                Commission denied for acknowledgment during the year 
                and the names of the petitioners; and
                    (E) the status of all pending documented petitions 
                on the date of the report and the names of the 
                petitioners.

SEC. 14. ACTIONS BY PETITIONERS FOR ENFORCEMENT.

    Any petitioner may bring an action in the district court of the 
United States for the district in which the petitioner resides, or the 
United States District Court for the District of Columbia, to enforce 
the provisions of this Act, including any time limitations within which 
actions are required to be taken, or decisions made, under this Act. 
The district court shall issue such orders (including writs of 
mandamus) as may be necessary to enforce the provisions of this Act.

SEC. 15. REGULATIONS.

    The Commission may, in accordance with applicable requirements of 
title 5, United States Code, promulgate and publish such regulations as 
may be necessary to carry out this Act.

SEC. 16. GUIDELINES AND ADVICE.

    (a) Guidelines.--Not later than 90 days after the date of the first 
meeting of the Commission, the Commission shall make available to 
Indian groups suggested guidelines for the format of documented 
petitions, including general suggestions and guidelines concerning 
where and how to research information that is required to be included 
in a documented petition. The examples included in the guidelines shall 
not preclude the use of any other appropriate format.
    (b) Research Advice.--The Commission may, upon request, provide 
suggestions and advice to any petitioner with respect to the research 
of the petitioner concerning the historical background and Indian 
identity of that petitioner. The Commission shall not be responsible 
for conducting research on behalf of the petitioner.

SEC. 17. ASSISTANCE TO PETITIONERS.

    (a) Grants.--
            (1) In general.--The Secretary of Health and Human Services 
        may award grants to Indian groups seeking Federal recognition 
        as Indian tribes to enable the Indian groups to--
                    (A) conduct the research necessary to substantiate 
                documented petitions under this Act; and
                    (B) prepare documentation necessary for the 
                submission of a documented petition under this Act.
            (2) Treatment of grants.--The grants made under this 
        subsection shall be in addition to any other grants the 
        Secretary of Health and Human Services is authorized to provide 
        under any other provision of law.
    (b) Competitive Award.--The grants made under subsection (a) shall 
be awarded competitively on the basis of objective criteria prescribed 
in regulations promulgated by the Secretary of Health and Human 
Services.

SEC. 18. PROTECTION OF CERTAIN PRIVILEGED INFORMATION.

    Notwithstanding any other provision of law, upon the effective date 
of this Act, when responding to any requests for information on 
petitions and related materials filed by a group seeking Federal 
recognition as an Indian tribe pursuant to part 83 of title 25 of the 
Code of Federal Regulations, including petitions and related materials 
transferred to the Commission from the Department under section 
5(a)(4), as well as related materials located within the Department 
that have yet to be transferred to the Commission, the Department and 
the Commission shall exclude materials identified by the petitioning 
group as information related to religious practices or sacred sites, 
and which the group is forbidden to disclose except for the limited 
purpose of Department and Commission review.

SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

    (a) Commission.--There are authorized to be appropriated to the 
Commission to carry out this Act (other than section 17) such sums as 
are necessary for each of fiscal years 2006 through 2015.
    (b) Secretary of HHS.--There are authorized to be appropriated to 
the Secretary of Health and Human Services to carry out section 17 such 
sums as are necessary for each of fiscal years 2006 through 2015.
                                 <all>