[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 630 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 630

    To establish procedures for the acknowledgment of Indian tribes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2005

Mr. Dodd (for himself and Mr. Lieberman) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
    To establish procedures for the acknowledgment of Indian tribes.

    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 ``Tribal Acknowledgment and Indian 
Bureau Enhancement Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States has an obligation to recognize and 
        respect the sovereignty of Native American people who have 
        maintained social, cultural, and political identity;
            (2) each Native American tribal government that represents 
        an Indian tribe that has, to the maximum extent practicable, 
        maintained social, cultural, and political identity during the 
        historical period is entitled--
                    (A) to establish government-to-government relations 
                with the United States; and
                    (B) to the rights relating to sovereign 
                governments;
            (3) the Bureau exercises responsibility for determining 
        whether Native American groups--
                    (A) constitute federally-acknowledged Indian 
                tribes; and
                    (B) for that reason, are to be acknowledged by the 
                United States as sovereign nations;
            (4) in recent years, the decisionmaking process used by the 
        Bureau to resolve claims of tribal sovereignty has been widely 
        criticized; and
            (5) in order to ensure continued public confidence in the 
        decisions of the Federal Government pertaining to tribal 
        acknowledgment, it is necessary to reform the acknowledgment 
        process.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to establish administrative procedures to extend 
        Federal acknowledgment to certain Indian groups;
            (2) to extend to Indian groups that are acknowledged--
                    (A) the protection, services, and benefits 
                available from the Federal Government in accordance 
                with the Federal trust responsibility with respect to 
                Indian tribes; and
                    (B) 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;
            (3) to ensure that, if the Federal Government extends 
        acknowledgment to an Indian group, the Federal Government does 
        so based on clear, factual evidence derived from an open and 
        objective administrative process;
            (4) to provide clear and consistent standards of 
        administrative review of documented petitions for Federal 
        acknowledgment; and
            (5) to clarify evidentiary standards and expedite the 
        administrative review process by providing adequate resources 
        to process documented petitions.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Acknowledgment.--The term ``acknowledgment'', with 
        respect to a determination by the 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;
                    (B) the members of the Indian group are eligible 
                for--
                            (i) the protection, programs, and services 
                        provided by the United States to members of 
                        Indian tribes because of the status of those 
                        members as Indians; and
                            (ii) the immunities and privileges 
                        available to an Indian tribe by virtue of the 
                        government-to-government relationship of the 
                        Indian tribe with the United States;
                    (C) the Indian group has the responsibilities, 
                powers, limitations, and obligations of an Indian 
                tribe; and
                    (D) the Indian group is subject to the same 
                authority of Congress and the United States to which 
                other Indian tribes are subject.
            (2) Bureau.--The term ``Bureau'' means the Bureau of Indian 
        Affairs of the Department of the Interior.
            (3) Department.--The term ``Department'' means the 
        Department of the Interior.
            (4) Documented petition.--The term ``documented petition'' 
        means a petition for acknowledgment consisting of--
                    (A) detailed arguments made by a petitioner to 
                substantiate the claim of the petitioner to existence 
                as an Indian tribe during the historical period; and
                    (B) the factual exposition and all documentary 
                evidence necessary to demonstrate that the arguments 
                address the mandatory criteria for acknowledgment 
                described in section 9(b).
            (5) Historical period.--The term ``historical period'' 
        means the period beginning when a petitioner first sustained 
        contact with non-Indians and continuing through the date of 
        submission of a documented petition under this Act.
            (6) Indian.--The term ``Indian'' means an individual that 
        is a member of an Indian group or Indian tribe.
            (7) Indian group.--The term ``Indian group'' means any 
        Indian or Alaska Native aggregation within the continental 
        United States that the Secretary does not acknowledge to be an 
        Indian tribe.
            (8) Indian tribe.--The term ``Indian tribe'' means any 
        Indian group that the Secretary determines to have met the 
        mandatory criteria for acknowledgment described in section 
        9(b).
            (9) Petitioner.--The term ``petitioner'' means any Indian 
        group that submits to the Secretary a letter of intent 
        requesting acknowledgment.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 5. INDIAN GROUPS ELIGIBLE FOR ACKNOWLEDGMENT.

    (a) In General.--This Act applies only to an Indian group that--
            (1) is indigenous to the continental United States;
            (2) is not acknowledged as of the date of submission of a 
        documented petition under this Act; and
            (3) presents evidence of a substantially continuous tribal 
        existence, and functioning as an autonomous entity, throughout 
        the historical period.
    (b) Ineligible Indian Groups.--The following groups shall not be 
eligible to submit a documented petition under this Act:
            (1) Any Indian tribe, organized band, pueblo, community, or 
        Alaska Native entity that, as of the date of enactment of this 
        Act, is acknowledged.
            (2) An association, organization, corporation, or group of 
        any character that is formed for the purpose of seeking Federal 
        acknowledgment after December 31, 2002.
            (3) 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 Secretary that the Indian group, political 
        faction, or community has functioned as an autonomous Indian 
        group throughout the historical period.
            (4) 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 paragraph (1)), 
        that, before the date of enactment of this Act, in accordance 
        with part 83 of title 25, Code of Federal Regulations, 
        petitioned for, and was denied, acknowledgment based on the 
        merits of the documented petition (except that nothing in this 
        paragraph excludes any group that Congress has identified as an 
        Indian group but has not identified as an Indian tribe).
            (5) Any Indian group the relationship of which with the 
        Federal Government was expressly terminated by an Act of 
        Congress.
    (c) Indian Groups With Pending Petitions.--
            (1) In general.--An Indian group the documented petition of 
        which, as of the date of enactment of this Act, is under 
        consideration by the Secretary in accordance with part 83 of 
        title 25, Code of Federal Regulations (as in effect on the day 
        before that date), and for which a determination of 
        acknowledgment is not final and effective as of that date, 
        shall be subject to this Act.
            (2) Order of consideration.--Nothing in paragraph (1) shall 
        affect the order in which a documented petition of an Indian 
        group described in that paragraph is considered by the 
        Secretary.
    (d) Claims of Previous Acknowledgment.--Section 83.8 of title 25, 
Code of Federal Regulations (as in effect on the date of enactment of 
this Act), shall apply with respect to a petitioner that claims 
acknowledgment before the date of enactment of this Act.

SEC. 6. LETTER OF INTENT.

    (a) In General.--An Indian group that seeks a determination of 
acknowledgment and that can meet the mandatory criteria for 
acknowledgment described in section 9(b) shall submit to the Secretary, 
before or simultaneously with submission of a documented petition, a 
letter of intent to seek acknowledgment.
    (b) Approval of Governing Body.--A letter of intent shall be 
produced, dated, and signed by the governing body of the Indian group 
submitting the letter.

SEC. 7. DUTIES OF THE DEPARTMENT.

    (a) Publication of List of Indian Tribes.--Not less often than 
every 3 years, and more frequently as determined by the Secretary, the 
Secretary shall publish in the Federal Register a list of all Indian 
tribes.
    (b) Guidelines for Preparation of Documented Petitions.--
            (1) In general.--The Secretary shall make available 
        guidelines for the preparation of documented petitions that 
        include--
                    (A) an explanation of the criteria and other 
                provisions relevant to the consideration by the 
                Secretary of a documented petition;
                    (B) a discussion of the types of evidence that may 
                be used to demonstrate satisfaction of particular 
                criteria;
                    (C) general suggestions and guidelines relating to 
                the manner in which and locations at which research 
                relating to a documented petition may be conducted; and
                    (D) an example of a format for a documented 
                petition (except that the example shall not preclude 
                the use of any other format).
            (2) Supplementation and revision.--The Secretary may 
        supplement or update the guidelines as the Secretary determines 
        to be necessary.
    (c) Assistance.--The Secretary--
            (1) shall, on request by a petitioner, provide the 
        petitioner with suggestions and advice regarding preparation of 
        a documented petition; but
            (2) shall not be responsible for any research necessary to 
        prepare a documented petition.
    (d) Notice to Groups With a Letter of Intent.--The Secretary shall 
provide to each Indian group that, as of the date of enactment of this 
Act, has submitted a letter of intent to the Secretary under section 
6(a) but has not yet submitted a documented petition, a notice 
informing the Indian group that any documented petition submitted by 
the Indian group shall be considered in accordance with this Act.

SEC. 8. REQUIREMENTS FOR DOCUMENTED PETITION.

    (a) In General.--A documented petition submitted to the Secretary 
under this Act--
            (1) may be in any readable form that contains detailed, 
        specific evidence in support of a request to the Secretary for 
        acknowledgment;
            (2) shall include a certification, signed and dated by 
        members of the governing body of the petitioner, stating that 
        the documented petition is the official documented petition of 
        the petitioner; and
            (3) shall include thorough explanations and supporting 
        documentation pertaining to each of the mandatory criteria for 
        acknowledgment described in section 9(b).
    (b) Satisfaction of Mandatory Criteria.--To be acknowledged under 
this Act, a petitioner shall meet each of the mandatory criteria for 
acknowledgment described in section 9(b).
    (c) Standards for Denial.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall not acknowledge a petitioner if the Secretary determines 
        that evidence presented by the petitioner or any other person 
        is insufficient to demonstrate that the petitioner meets each 
        of the mandatory criteria for acknowledgment described in 
        section 9(b).
            (2) Standards for meeting mandatory criteria.--With respect 
        to a mandatory criterion for acknowledgment described in 
        section 9(b)--
                    (A) the Secretary shall consider a petitioner to 
                have met the mandatory criterion if the Secretary 
                determines that it is more likely than not that the 
                evidence presented demonstrates that the petitioner has 
                met the mandatory criterion; and
                    (B) conclusive proof of the facts relating to the 
                mandatory criterion shall not be required in order for 
                the Secretary to consider the mandatory criterion to 
                have been met.
    (d) Consideration of Situations and Limitations During Historical 
Period.--
            (1) In general.--In considering a documented petition under 
        this Act, the Secretary shall take into account--
                    (A) evidentiary situations and limitations 
                (including limitations inherent in demonstrating the 
                historical existence of community and political 
                influence or authority) during the historical period; 
                and
                    (B) periods during the historical period for which 
                evidence relating to the documented petition is 
                demonstrably limited or not available.
            (2) Substantially continuous basis of existence.--In 
        demonstrating the historical existence of community and 
        political influence or authority with respect to any mandatory 
        criterion for acknowledgment described in section 9(b)--
                    (A) a petitioner--
                            (i) shall make such a demonstration on a 
                        substantially continuous basis; but
                            (ii) shall not be required to make the 
                        demonstration with respect to each point in 
                        time during the historical period; and
                    (B) any fluctuation in tribal activity during any 
                period of time shall not be the sole reason for a 
                denial of acknowledgment.

SEC. 9. MANDATORY CRITERIA FOR ACKNOWLEDGMENT.

    (a) In General.--To be acknowledged under this Act, a petitioner 
shall meet each of the mandatory criteria described in subsection (b) 
to the satisfaction of the Secretary.
    (b) Mandatory Criteria.--
            (1) Identification on a substantially continuous basis.--
                    (A) In general.--A petitioner shall demonstrate 
                that the petitioner has been identified as an Indian 
                group in the United States on a substantially 
                continuous basis since 1900.
                    (B) Previous denials of status.--The 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 criterion 
                described in subparagraph (A) has not been met.
                    (C) Evidence relating to identity.--In determining 
                the Indian identity of a petitioner, the Secretary may 
                use as evidence 1 or more of the following:
                            (i) An identification of the petitioner as 
                        an Indian group by any department, agency, or 
                        instrumentality of the Federal Government.
                            (ii) A relationship between the petitioner 
                        and any State government, based on an 
                        identification of the petitioner by the State 
                        as an Indian group.
                            (iii) 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.
                            (iv) An identification of the petitioner as 
                        an Indian group by an anthropologist, 
                        historian, or other scholar.
                            (v) An identification of the petitioner as 
                        an Indian group in a newspaper, book, or 
                        similar medium.
                            (vi) An identification of the petitioner as 
                        an Indian group by an Indian tribe or by a 
                        national, regional, or State Indian 
                        organization.
                            (vii) An identification of the petitioner 
                        as an Indian group by a foreign government or 
                        an international organization.
                            (viii) 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) Distinct community.--
                    (A) In general.--A petitioner shall demonstrate 
                that a predominant portion of the membership of the 
                petitioner--
                            (i) comprises a community distinct from the 
                        communities surrounding that community; and
                            (ii) has existed as a community throughout 
                        the historical period.
                    (B) Evidence relating to community.--In determining 
                whether the membership of the petitioner meets the 
                criteria described in subparagraph (A), the Secretary 
                may use as evidence 1 or more of the following:
                            (i) Significant rates of marriage within 
                        the membership of the petitioner, or, as may be 
                        culturally required, patterned out-marriages 
                        with other Indian populations.
                            (ii) Significant social relationships 
                        connecting individual members of the 
                        petitioner.
                            (iii) Significant rates of informal social 
                        interaction that exist broadly among the 
                        members of the petitioner.
                            (iv) A significant degree of shared or 
                        cooperative labor or other economic activity 
                        among the membership of the petitioner.
                            (v) Evidence of strong patterns of 
                        discrimination or other social distinctions 
                        against members of the petitioner by 
                        nonmembers.
                            (vi) Shared sacred or secular ritual 
                        activity encompassing a majority of members of 
                        the petitioner.
                            (vii) 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.
                            (viii) The persistence of a named, 
                        collective Indian identity during a continuous 
                        period of at least 50 years, notwithstanding 
                        any change in name.
                            (ix) A demonstration of historical 
                        political influence or authority of the 
                        petitioner (such as political influence or 
                        authority demonstrated under paragraph (3)).
                    (C) Sufficient evidence.--The Secretary shall 
                consider a petitioner to have provided sufficient 
                evidence of community under this paragraph if the 
                petitioner provides to the Secretary evidence 
                demonstrating that, throughout the historical period--
                            (i)(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;
                            (ii) not less than 50 percent of the 
                        marriages of members of the petitioner are 
                        between members of the petitioner;
                            (iii) 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;
                            (iv) distinct community social institutions 
                        (such as kinship organizations, formal or 
                        informal economic cooperation, and religious 
                        organizations) encompass a majority of the 
                        members of the petitioner; or
                            (v) the petitioner has met the criterion 
                        described in paragraph (3) using evidence 
                        described in paragraph (3)(A).
            (3) Political influence or authority.--
                    (A) In general.--A petitioner shall demonstrate 
                that the petitioner has maintained political influence 
                or authority as an autonomous entity over members of 
                the petitioner throughout the historical period.
                    (B) Evidence relating to autonomous nature.--In 
                determining whether a petitioner is an autonomous 
                entity under paragraph (1), the Secretary may use as 
                evidence 1 or more of the following:
                            (i) A demonstration that the petitioner is 
                        capable of mobilizing significant numbers of 
                        members and significant member resource for 
                        purposes relating to the petitioner.
                            (ii) 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.
                            (iii) Evidence that there is widespread 
                        knowledge, communication, and involvement in 
                        political processes of the petitioner by a 
                        majority of the members of the petitioner.
                            (iv) Evidence that the petitioner meets the 
                        criteria described in paragraph (2) at more 
                        than a minimal level.
                            (v) 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.
                    (C) Evidence of exercise of political influence or 
                authority.--The 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--
                            (i) the allocation of group resources such 
                        as land, residence rights, or similar resources 
                        on a consistent basis;
                            (ii) 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);
                            (iii) 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
                            (iv) the organization or influencing of 
                        economic subsistence activities among the 
                        members of the petitioner, including shared or 
                        cooperative labor.
                    (D) Presumptive evidence.--A petitioner that meets 
                the criteria described in paragraph (2)(A) shall be 
                considered to have provided sufficient evidence to meet 
                the criterion under this paragraph.
            (4) Governing document and membership criteria.--
                    (A) In general.--A petitioner shall include in the 
                documented petition of the petitioner a copy of the 
                governing document of the petitioner in effect as of 
                the date of submission of the documented petition that 
                includes a description of the membership criteria of 
                the petitioner.
                    (B) Alternative statement.--If no written governing 
                document described in subparagraph (A) exists, a 
                petitioner shall include with a documented petition a 
                detailed statement that describes--
                            (i) the membership criteria of the 
                        petitioner; and
                            (ii) the governing procedures of the 
                        petitioner in effect as of the date of 
                        submission of the documented petition.
            (5) Membership of petitioner.--
                    (A) In general.--A petitioner shall include in a 
                documented petition submitted under this Act--
                            (i) a list of all members of the petitioner 
                        as of the date of submission of the documented 
                        petition, as certified by the governing body of 
                        the petitioner, 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;
                            (ii) a copy of each available former list 
                        of members of the petitioner; and
                            (iii) a statement describing the methods 
                        used in preparing those lists.
                    (B) 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 
                documented petition described in subparagraph (A), the 
                Secretary shall require that the membership consist of 
                descendants of--
                            (i) an Indian group that existed during the 
                        historical period; or
                            (ii) 1 or more Indian groups that, at any 
                        time during the historical period, combined and 
                        functioned as a single autonomous entity.
                    (C) Evidence of tribal membership.--In making the 
                determination under subparagraph (B), the Secretary may 
                use as evidence 1 or more of the following:
                            (i) 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.
                            (ii) Any Federal, State, or other official 
                        record or evidence identifying members of the 
                        petitioner as of the date of submission of the 
                        documented petition, or ancestors of those 
                        members, as being descendants of an Indian 
                        group described in clause (i) or (ii) of 
                        subparagraph (B).
                            (iii) Any church, school, or other similar 
                        enrollment record identifying members of the 
                        petitioner as of the date of submission of the 
                        documented petition, or ancestors of those 
                        members, as being descendants of an Indian 
                        group described in clause (i) or (ii) of 
                        subparagraph (B).
                            (iv) 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 documented 
                        petition, or ancestors of those members, as 
                        being descendants of an Indian group described 
                        in clause (i) or (ii) of subparagraph (B).
                            (v) Any other record or evidence 
                        identifying members of the petitioner as of the 
                        date of submission of the documented petition, 
                        or ancestors of those members, as being 
                        descendants of an Indian group described in 
                        clause (i) or (ii) of subparagraph (B).
            (6) Membership composed primarily of individuals who are 
        not members of an indian tribe.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a petitioner shall demonstrate that the membership 
                of the petitioner is composed primarily of individuals 
                who are not members of an Indian tribe.
                    (B) Exception.--A petitioner may be acknowledged if 
                the membership of the petitioner is composed primarily 
                of individuals whose names have appeared on rolls of, 
                or who have been otherwise associated with, an Indian 
                tribe, if the petitioner establishes that--
                            (i) the petitioner has functioned 
                        throughout the historical period as a separate 
                        and autonomous Indian group;
                            (ii) the members of the petitioner do not 
                        maintain a bilateral political relationship 
                        with any Indian tribe; and
                            (iii) the members of the petitioner have 
                        provided written confirmation of their 
                        membership in the petitioner.
            (7) Legislation terminating or prohibiting 
        acknowledgment.--A petitioner shall demonstrate that neither 
        the petitioner, nor any members of the petitioner, are the 
        subject of any Act of Congress expressly terminating or 
        prohibiting acknowledgment of the petitioner.

SEC. 10. NOTICE OF RECEIPT OF A LETTER OF INTENT OR DOCUMENTED 
              PETITION.

    (a) Notice of Receipt of a Petition.--
            (1) Notice to petitioner.--Not later than 30 days after the 
        date on which the Secretary receives a letter of intent under 
        section 6(a) (or a documented petition, if the Secretary has 
        not received a letter of intent), the Secretary shall provide 
        to the petitioner submitting the letter or documented petition 
        a written notice of the receipt.
            (2) Publication of notice.--
                    (A) In general.--Not later than 60 days after the 
                date on which the Secretary receives a letter (or 
                documented petition) under section 6(a), the Secretary 
                shall publish, in 1 or more major newspapers of general 
                circulation in the town or city nearest to the 
                petitioner and in the Federal Register, a notice of 
                receipt of the letter (or documented petition).
                    (B) Inclusions.--The notice under subparagraph (A) 
                shall include--
                            (i) the name, location, and mailing address 
                        of the petitioner;
                            (ii) such other information as the 
                        Secretary determines will identify the 
                        petitioner;
                            (iii) the date of receipt of the letter (or 
                        documented petition);
                            (iv) information describing 1 or more 
                        locations at which a copy of the letter (or 
                        documented 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) arguments or 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 letter or 
                                documented petition.
    (b) Notification of Other Persons.--The Secretary shall submit a 
copy of the notice published under subsection (a)(2) to--
            (1) the Governor of, members of Congress representing, and 
        attorney general of--
                    (A) each State in which the petitioner is located; 
                and
                    (B) each State that, as determined by the 
                Secretary, has a significant interest in the petition;
            (2) each Indian tribe, and each other petitioner, that, as 
        determined by the Secretary--
                    (A) has a relationship with the petitioner 
                (including any relationship at any time during the 
                historical period); or
                    (B) that may otherwise be considered to have a 
                potential interest in a determination of acknowledgment 
                of the petitioner; and
            (3) the chief executive officer of each county and 
        municipality located in the geographic area occupied by the 
        petitioner.

SEC. 11. PROCESSING OF DOCUMENTED PETITIONS.

    Section 83.10 of title 25, Code of Federal Regulations (as in 
effect on the date of enactment of this Act) shall apply with respect 
to the processing of a documented petition under this Act.

SEC. 12. TESTIMONY AND THE OPPORTUNITY TO BE HEARD.

    (a) In General.--In determining whether to acknowledge a petitioner 
under this Act, the Secretary shall consider all relevant evidence from 
any interested party, including evidence from a municipality located in 
the same area in which the petitioner is located.
    (b) Hearing on Request.--On request by an interested party, for 
good cause, the Secretary may conduct a formal hearing with respect to 
a documented petition at which all interested parties may--
            (1) present evidence;
            (2) call witnesses;
            (3) cross-examine witnesses; or
            (4) rebut evidence in the record or presented by other 
        parties during the hearing.
    (c) Transcript Required.--A transcript of any hearing under this 
section shall be included in the administrative record on which the 
Secretary relies in determining whether to acknowledge a petitioner 
under this Act.

SEC. 13. WRITTEN SUBMISSIONS BY INTERESTED PARTIES.

    In determining whether to acknowledge a petitioner under this Act, 
the Secretary shall consider any written materials submitted to the 
Bureau from any interested party that possesses relevant information 
relating to the petitioner, including evidence from a municipality 
located in the same area in which the petitioner is located.

SEC. 14. PUBLICATION OF FINAL DETERMINATION.

    On making a determination whether to acknowledge a petitioner under 
this Act, the Secretary shall publish in the Federal Register a 
detailed explanation of the final determination of the Secretary 
regarding the acknowledgment and the documented petition of the 
petitioner, including an express finding of facts and of law with 
respect to each of the mandatory criteria for acknowledgment described 
in section 9(b).

SEC. 15. INDEPENDENT REVIEW, RECONSIDERATION, AND FINAL ACTION.

    Section 83.11 of title 25, Code of Federal Regulations (as in 
effect on the date of enactment of this Act), shall apply with respect 
to the independent review, reconsideration, and final determination of 
the Secretary with respect to a documented petition under this Act.

SEC. 16. IMPLEMENTATION OF DETERMINATION OF ACKNOWLEDGMENT.

    Section 83.12 of title 25, Code of Federal Regulations (as in 
effect on the date of enactment of this Act), shall apply with respect 
to the implementation of a determination of acknowledgment by the 
Secretary under this Act.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$10,000,000 for fiscal year 2006 and each fiscal year thereafter.
                                 <all>