Prompt consideration of certain petitions requesting Federal recognition as an Indian tribe

(a)

Time period for proposed finding

Not later than 6 months after the date of the enactment of this Act, the Secretary shall publish a proposed finding with respect to the petition for Federal recognition of each eligible tribe consistent with part 83 of title 25, Code of Federal Regulations. (b)

Time period for final determination

Not later than one year after the date of the enactment of this Act, the Secretary shall publish a final determination with respect to the petition for Federal recognition of each eligible tribe. (c)

Notification; opt in

(1)

Notification of tribes

Not later than 45 days after the date of the enactment of this Act, the Secretary shall notify, in writing, all potentially eligible tribes that they may opt into the expedited procedure for proposed findings and final determinations under this Act and of the provisions of paragraph (2). (2)

Opt in

If, not later than 90 days after the date of the enactment of this Act, a potentially eligible tribe notifies the Secretary, in writing, that the potentially eligible tribe elects to opt into the expedited procedures under this Act, the potentially eligible tribe shall be considered an eligible tribe for the purposes of this Act. Potentially eligible tribes shall not be considered eligible tribes for the purposes of this Act if notification is not made by the potentially eligible tribe in accordance with this paragraph. (d)

Number of members Not a factor

The number of persons listed on the membership roll contained in a petition for Federal recognition of an eligible tribe shall not be taken into account in considering the petition, except that the Secretary may review the eligibility of individual members or groups listed in a petition in accordance with the provisions of part 83 of title 25, Code of Federal Regulations. (e)

Effect of failure To comply

If the Secretary fails to publish a proposed finding required by subsection (a) or a final determination required by subsection (b) by the end of the time period required for the proposed finding or final determination by such subsections, the relevant eligible tribe may seek in the appropriate United States district court a determination by the court of whether the eligible tribe should be recognized as an Indian tribe in accordance with the criteria specified in section 83.7 of title 25, Code of Federal Regulations. In any such action, the court shall treat such failure by the Secretary as final agency action. (f)

Review of adverse decision

If the final determination required by subsection (b) refuses to recognize the eligible tribe as an Indian tribe, the eligible tribe may seek, during the one-year period beginning on the date on which the final determination is published, a review of the determination in the appropriate United States district court, notwithstanding the availability of other administrative remedies. (g)

Consideration of other petitions

Until the Secretary has published a proposed finding with respect to the petition of each eligible tribe as required under subsection (a), no other petition for recognition as an Indian tribe may be processed except those listed as having a status of Active or In Post-Final Decision Appeal Process by the Department of the Interior on July 1, 2004. (h)

No change in criteria

Nothing in this Act shall be construed to change the criteria established by the Department of the Interior to determine whether or not a petitioner meets the requirements to be a federally recognized tribe. (i)

Definitions

For the purposes of this Act, the following definitions apply: (1)

Eligible tribe

The term eligible tribe means a tribe that— (A)has made an initial application for recognition as an Indian tribe to the Department of the Interior before October 17, 1988; (B)is listed as having a status of Ready, Waiting for Active Consideration by the Department of the Interior on July 1, 2004; and (C)not later than 90 days after the date of the enactment of this Act, notifies the Secretary, in writing, that it opts to have its petition for recognition as an Indian tribe considered under the expedited procedure for proposed findings and final determinations under this Act. (2)

Potentially eligible tribe

The term potentially eligible tribe means a tribe that— (A)has made an initial application for recognition as an Indian tribe to the Department of the Interior before October 17, 1988; (B)is listed as having a status of Ready, Waiting for Active Consideration by the Department of the Interior on July 1, 2004; and (C)has not notified the Secretary, in writing, whether or not it opts to have its petition for recognition as an Indian tribe considered under the expedited procedure for proposed findings and final determinations under this Act. (3)

Secretary

The term Secretary means the Secretary of the Interior, or a designee of the Secretary.