[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6087 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6087

To sunset the Federal recognition and acknowledgment process within the 
  Bureau of Indian Affairs of the Department of the Interior, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2008

  Mr. Campbell of California introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To sunset the Federal recognition and acknowledgment process within the 
  Bureau of Indian Affairs of the Department of the Interior, 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. SUNSET OF ADMINISTRATIVE RECOGNITION OF INDIAN TRIBES.

    (a) Deadline for Submission of Letter of Intent.--If, not later 
than 180 days after receiving notice under subsection (b), a group 
seeking or eligible to seek Federal tribal acknowledgment under part 83 
of title 25, Code of Federal Regulations does not submit a letter of 
intent to the Secretary, that group shall be barred from petitioning 
for or receiving status as a federally recognized Indian tribe through 
any administrative process.
    (b) Notice of Need To Submit Letter of Intent.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall notify--
                    (A) by first class mail, each group with a pending 
                petition for Federal tribal acknowledgment, active or 
                inactive, of the need to submit a letter of intent to 
                the Secretary; and
                    (B) shall publish in the Federal Register the need 
                of any group to submit a letter of intent to the 
                Secretary.
            (2) Content.--Notice under paragraph (1) shall state that 
        if, not later than 180 days after the Secretary sends notice by 
        first class mail or by publication in the Federal Register, a 
        group does not submit a letter of intent to the Secretary, that 
        group shall be barred from petitioning for or receiving status 
        as a federally recognized Indian tribe through any 
        administrative process.
    (c) Multiple Petitions.--When multiple petitions are submitted by 
groups claiming the same name, the Secretary shall inform each group 
that all such petitions shall receive no consideration and such 
petitions shall not be considered.
    (d) Expedited Denial.--The OFA may expedite a finding declining to 
acknowledge a group if the OFA determines that the group clearly did 
not demonstrate in the application that the group meets at least 3 of 
the 7 required criteria set forth under part 83 of title 25, Code of 
Federal Regulations. A group that has an application denied under this 
subsection may appeal the denial to the Board of Indian Appeals in 
accordance with part 83 of title 25, Code of Federal Regulations.
    (e) Submission of Application.--Each group that is eligible for 
consideration under part 83 of title 25, Code of Federal Regulations 
after the 180 day deadline set forth in subsection (a) and that has not 
been removed under subsection (c) or (d) may submit a complete 
application to the OFA not later than 12 months after the expiration of 
the 180 day deadline set forth in subsection (a).
    (f) Deadline for Consideration of Petitions.--Not later than 3 
years after the date of the enactment of this Act, the OFA shall 
complete all final decisions and notifications regarding petitions for 
Federal recognition under part 83 of title 25, Code of Federal 
Regulations.
    (g) Sunset of OFA.--Not later than 3 years after the date of the 
enactment of this Act, or upon the completion of all final decisions by 
the OFA, whichever is earlier, the Federal Recognition and 
Acknowledgment Process shall be terminated and no groups shall 
thereafter be acknowledged as federally recognized Indian tribes 
through an administrative process.
    (h) Effect on Regulations.--
            (1) In general.--Where in conflict, the deadlines and 
        processes in this Act supercede those set forth in part 83 of 
        title 25, Code of Federal Regulations.
            (2) No change in criteria.--Nothing in this Act shall be 
        construed to change the criteria set forth under part 83 of 
        title 25, Code of Federal Regulations or any other policies 
        established by the Department of the Interior to determine 
        whether a group meets the requirements to be a federally 
        recognized Indian tribe.
    (i) Definitions.--In this section:
            (1) Group.--The term ``group'' means an American Indian 
        Group, as that term is used in part 83 of title 25, Code of 
        Federal Regulations.
            (2) Letter of intent.--The term ``letter of intent'' has 
        the meaning given that term in part 83 of title 25, Code of 
        Federal Regulations
            (3) OFA.--The term ``OFA'' means the Office of Federal 
        Acknowledgment.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
                                 <all>