[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3690 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3690

To establish a Commission on Recognition of Indian Tribes to review and 
act on petitions by Indian groups applying for Federal recognition, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2009

    Mr. Faleomavaega (for himself, Mr. Rahall, Ms. Hirono, and Mr. 
 Abercrombie) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish a Commission on Recognition of Indian Tribes to review and 
act on petitions by Indian groups applying for Federal recognition, 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, TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Indian Tribal 
Federal Recognition Administrative Procedures Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title, table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Commission on Recognition of Indian Tribes.
Sec. 5. Documented petitions for recognition.
Sec. 6. Notice of receipt of documented petition.
Sec. 7. Processing the documented petition.
Sec. 8. Preliminary hearing.
Sec. 9. Adjudicatory hearing.
Sec. 10. Reconsideration by Commission; final decision.
Sec. 11. Effect of determinations.
Sec. 12. Implementation of decisions.
Sec. 13. Recognition or restoration of Indian tribes.
Sec. 14. Indian Reorganization Act.
Sec. 15. Needs determination and budget request.
Sec. 16. Annual report concerning Commission's activities.
Sec. 17. Actions by petitioners for enforcement.
Sec. 18. Regulations.
Sec. 19. Guidelines and advice.
Sec. 20. Assistance to petitioners.
Sec. 21. Protection of certain privileged information.
Sec. 22. Authorization of appropriations.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) To transfer the responsibility for the Federal 
        acknowledgment process from the Bureau of Indian Affairs to an 
        independent Commission on Recognition of Indian Tribes.
            (2) To establish a Commission on Recognition of Indian 
        Tribes 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 an internally consistent legal, factual, and historical 
        basis.
            (7) To extend to Indian groups that the Commission 
        determines 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 assure that Indian groups that are determined to be 
        Indian tribes are recognized as having 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.
            (9) To preserve the integrity of the government-to-
        government relationship between the United States and federally 
        recognized Indian tribes by insuring that only self-governing 
        Indian peoples are recognized by the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Acknowledgment.--The term ``acknowledgment'' means a 
        determination by the Commission on Recognition of Indian Tribes 
        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 Recognition of Indian Tribes established under 
        this Act.
            (5) Community.--The term community refers to a group of 
        related individuals that is distinct from surrounding 
        communities. A tribal community may be found to be distinct, 
        even though some of its members are also members of other 
        tribes. The term shall be understood in the context of the 
        history, culture, and social organization of the group, the 
        intra-tribal marriage patterns of the group, and the geography 
        and economy 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 to the present 
        without interruption as demonstrated by evidence of the fact or 
        condition no less than once every ten years.
            (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 this Act.
            (9) Historically, historical, history.--The terms 
        ``historically'', ``historical'', and ``history'' refer to the 
        persectioniod 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 by the Federal Government.
            (11) Interested party.--The term ``interested party'' means 
        any person, organization, or other entity who can establish a 
        legal, factual, or property interest in an acknowledgment 
        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 Governor 
        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 
        acknowledgment 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 as an Indian tribe.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (15) 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) negotiated by the United States with, or on 
                behalf of, any Indian group in California, whether or 
                not the treaty was subsequently ratified; or
                    (C) made by any government with, or on behalf of, 
                any Indian group or tribe, prior to that government's 
                entry into the United States, or when the United States 
                acquired jurisdiction over land and territory by 
                purchase, conquest, annexation, or cession and the 
                predecessor government had entered into treaties with 
                any Indian group or tribe without regard to whether the 
                treaty was expressly acceded to or adopted by the 
                successor government.
            (16) Tribal roll.--
                    (A) In general.--The term ``tribal roll'' means a 
                list exclusively of those individuals who--
                            (i)(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
                            (ii) have affirmatively demonstrated 
                        consent to being listed as members of the 
                        tribe.
                    (B) Membership.--The tribal roll shall be composed 
                principally of persons who are not members of any 
                recognized Indian tribe, provided that the Commission 
                shall not deny recognition to any petitioner if no more 
                than 20 percent of the individuals listed on the tribal 
                roll were at the time that the petition was submitted 
                to either the Secretary or the Commission enrolled as a 
                member of a federally recognized Indian tribe.

SEC. 4. COMMISSION ON RECOGNITION OF INDIAN TRIBES.

    (a) Establishment.--There is established the Commission on 
Recognition of Indian Tribes. 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 7 
                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, except merely by virtue of membership in 
                        such group.
            (2) Political affiliation.--Not more than 4 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.--A panel of any 3 members of the Commission may 
        conduct any proceedings authorized herein, except those 
        authorized under section 10 which shall be conducted by no 
        fewer than 5 commissioners.
            (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 appropriate actions as 
                        authorized by this Act.
                    (C) Oaths and affirmation.--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.
                    (B) Facilities, services, and details.--Upon the 
                request of the Chairperson, to assist the Commission in 
                carrying out its duties of the 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 nonreimbursable 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 not 
later than the date that is 12 years after the date of the first 
meeting of the Commission unless such date is otherwise shortened or 
extended by an Act of Congress.
    (h) Appointments.--Notwithstanding any other provision of this Act, 
the Secretary shall continue to exercise those authorities vested in 
the Secretary relating to the 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 recognition of 
Indian tribes 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) Transfer of documented petition.--
                    (A) In general.--Notwithstanding any other 
                provision of law, not later than 30 days after 
                publication of formal regulations governing the 
                operation of the Commission, the Secretary shall 
                transfer to the Commission all documented petitions, 
                all administrative files related thereto, 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 
                under part 83 of title 25, Code of Federal Regulations, 
                and its successors.
                    (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.
            (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) 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) 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 since 1900 as an autonomous 
                Indian tribal entity.
                    (C) 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 subsection (d)(1). 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.
    (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) List of members who descend from historic tribe(s).--
                    (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 analysis by 
                        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.
            (2) Evidence of community.--
                    (A) Distinct community.--A statement of facts and 
                an analysis of such facts establishing that the group 
                comprises a community of related members distinct from 
                surrounding communities continuously since 1900.
                    (B) Evidence of distinct community.--Evidence that 
                the Commission may rely upon in determining that the 
                petitioner meets the distinct community criterion may 
                include one or more of the following items:
                            (i) Political structures or processes 
                        limited to the group by which decisions that 
                        affect the group are made, such as the 
                        allocation of resources or the settlement of 
                        disputes among members.
                            (ii) Political disagreements among the 
                        individual members of the group over group 
                        policies, processes, or decisions.
                            (iii) Significant rates of informal social 
                        interaction, social relationships, such as 
                        marriage or shared economic activity, among 
                        members of the group.
                            (iv) Cultural patterns among a significant 
                        portion of the group's members such as 
                        language, religious beliefs and practices, or 
                        religious organizations.
                            (v) The majority of the group's members 
                        exhibits collateral as well as lineal kinship 
                        ties through generations to the third degree.
                            (vi) Other evidence deemed relevant or 
                        probative by the Commission.
                    (C) Conclusive evidence of distinct community.--A 
                petitioner shall be considered to have conclusively 
                established a distinct community for any period in 
                which it establishes one of the following:
                            (i) Not less than \1/3\ of the members of 
                        the group who are married are married to other 
                        members of the group.
                            (ii) Not less than 50 percent of the 
                        members of the group reside in geographical 
                        area(s) that are exclusively or almost 
                        exclusively composed of members of the group.
                            (iii) The State in which the petitioner 
                        principally resides has continuously since 1900 
                        recognized the group as a self-governing Indian 
                        community or has held a reservation for the 
                        group.
                            (iv) A continuous line of group leader(s) 
                        with a description of the means of selection or 
                        acquiescence by a majority of the group' s 
                        members.
            (3) 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.
            (4) Petitioner burden of proof.--At all levels of 
        Commission consideration of a petition, and upon any 
        reconsideration of appellate review of such petition, the 
        Petitioner shall be considered to have satisfied any 
        requirement if the evidence submitted, taken together, 
        establishes a reasonable likelihood of the validity of the 
        facts establishing the satisfaction of that requirement. No 
        higher level of proof shall be required, and conclusive proof 
        of a single fact relating to a requirement shall not be 
        necessary for the requirement to be considered met.
    (c) Expedited Decision.--
            (1) Expedited negative.--Within 6 months of receipt of a 
        documented petition, the Commission shall, where appropriate, 
        publish a notice of determination that the petitioner shall not 
        be recognized upon a determination that the petitioner failed 
        to demonstrate Indian ancestry as required by subsection 
        (b)(3);
            (2) Expedited favorable.--Within 6 months of receipt of a 
        documented petition the Commission, upon the request of the 
        petitioner, shall publish a notice of determination that the 
        petitioner shall be acknowledged as an Indian tribe upon the 
        Commission's determination that the petitioner has demonstrated 
        that it has comprised a distinct community for a time depth of 
        10 years prior to the date upon which the petitioner filed a 
        completed petition before either the Secretary or the 
        Commission, and any of the following:
                    (A) Where 90 percent or more of its members descend 
                from a tribe recognized by treaty with the United 
                States.
                    (B) Where 90 percent or more of its members descend 
                from a historic tribe for which the State in which the 
                petitioner principally resides has since 1900 
                recognized a reservation for that petitioner.
                    (C) Where 90 percent or more of its members descend 
                from a historic tribe and are members of a tribe held 
                to constitute an Indian tribe under Federal law by a 
                Federal court or a State court of last resort.
                    (D) Where 90 percent or more of its members descend 
                from a historic tribe that the United States has at one 
                time unambiguously acknowledged.
            (3) Effect of an expedited determination.--A noticed 
        expedited determination shall be deemed a final decision by the 
        Commission, unless the expedited determination is rebutted as 
        follows:
                    (A) Within 60 days after the publication of the 
                notice of expedited determination an interested party 
                or the petitioner submits comments on the notice.
                    (B) Such comments pertain to the basis of the 
                expedited determination.
                    (C) In the event such comments are submitted, the 
                notice of expedited determination shall not constitute 
                a final decision of the Commission and the petitioner 
                shall be entitled to an adjudicatory hearing under 
                section 9.
    (d) Hearing for Previously Denied Groups.--
            (1) 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 evaluation of the merits of the Indian group's 
        documented petition submitted to the Department.
            (2) Hearing record.--For purposes of paragraph (1), 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.
            (3) Treatment of secretary's final determination.--For 
        purposes of the adjudicatory hearing under section 9, the 
        Secretary's final determination shall be considered a 
        preliminary determination under section 8(b)(1)(B).
            (4) 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.
    (e) Deadline for Submission.--
            (1) Documented petitions.--No Indian group may submit a 
        documented petition to the Commission later than 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 later than 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 acknowledgment 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 the 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) Other Notification.--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 interested parties 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--
            (1) set a date for a preliminary hearing at which the 
        Commission shall preside which shall in no instance be held 
        later than 180 days after receipt of the documented petition, 
        and at which the petitioner and any other interested party may 
        provide evidence concerning the status of the petitioner; or
            (2) publish its expedited decision under section 5(d).
    (b) Determination.--Not later than 30 days after the conclusion of 
a preliminary hearing under subsection (a), the Commission shall make a 
determination--
            (1) to extend Federal acknowledgment of the petitioner as 
        an Indian tribe to the petitioner; or
            (2) that the petitioner should proceed to an adjudicatory 
        hearing at which the Commission shall preside.
    (c) Information To Be Provided Preparatory to an Adjudicatory 
Hearing.--
            (1) In general.--If the Commission makes a determination 
        under subsection (b)(2) 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 to the petitioner 
                all records relied upon by the Commission and its staff 
                in making the preliminary determination to assist the 
                petitioner in preparing for the adjudicatory hearing;
                    (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)(2).
            (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)(2) an adjudicatory hearing at 
which the Commission shall preside. 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 
acknowledgment 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 to that petitioner.

SEC. 10. RECONSIDERATION BY COMMISSION; FINAL DECISION.

    (a) Request for Reconsideration.--
            (1) In general.--Upon publication of a determination by a 
        Commission panel under section 9(d) in the Federal Register, or 
        determination under section 5(d), the petitioner or any 
        interested party may file a request for reconsideration with 
        the Commission.
            (2) Deadline.--A petitioner's or interested party's request 
        for reconsideration must be received by the Commission no later 
        than 90 days after the date of publication of the Commission 
        panel's determination under section 9(d) and 30 days under 
        section 5(d). The Commission shall dismiss a request for 
        reconsideration that is not filed by the deadline.
            (3) Determination of valid request.--If a petitioner's or 
        interested party's request for reconsideration is timely filed, 
        the Commission shall determine, within 120 days after 
        publication of the Commission panel's final determination in 
        the Federal Register under section 9(d), and 90 days under 
        section 5(d), whether the request alleges any of the grounds in 
        subsection (d) and shall notify the petitioner and interested 
        parties of it reconsidered determination.
            (4) Final decision.--If no request for reconsideration has 
        been received, the Commission panel's decision under section 
        9(d) and section 5(d) shall be final 90 days after publication 
        of the final determination in the Federal Register.
    (b) Detailed Statement.--
            (1) In general.--The petitioner's or interested party's 
        request for reconsideration shall contain a detailed statement 
        of the grounds for the request.
            (2) Statement considered opening brief.--The detailed 
        statement of grounds for reconsideration filed by a petitioner 
        or interested parties shall be considered the appellant's 
        opening brief.
            (3) Copies.--The party or parties requesting the 
        reconsideration shall mail copies of the request to the 
        petitioner and all other interested parties.
    (c) Review.--The Commission shall review all requests for 
reconsideration that are timely filed and that allege any of the 
following:
            (1) That there is new evidence that could affect the 
        determination.
            (2) That a substantial portion of the evidence relied upon 
        in the Commission panel's determination was unreliable or was 
        of little probative value.
            (3) That petitioner's or the Commission panel's research 
        appears inadequate or incomplete in some material respect.
            (4) That there are reasonable alternative interpretations, 
        not previously considered, of the evidence used for the 
        determination under section 9(d) or under section 5(d), that 
        would substantially affect the determination that the 
        petitioner meets or does not meet one or more of the criteria 
        in section 5(b)(1) to (3) or is eligible for an expedited 
        decision under section 5(c).
    (d) Commission Oversight of Request for Reconsideration.--
            (1) Authority to review.--The Commission shall have 
        authority to review determinations of a Commission panel made 
        pursuant to section 9(d) and section 5(d).
            (2) Procedures for full and fair evaluation.--The 
        Commission may establish such procedures as it deems 
        appropriate to provide a full and fair evaluation of a request 
        for reconsideration under this section to the extent they are 
        not inconsistent with this Act.
            (3) Experts.--The Commission, at its discretion, may 
        request experts not associated with the Commission, any panel 
        of the Commission, the petitioner, or interested parties to 
        provide comments, recommendations, or technical advice 
        concerning the determination, the administrative record, or 
        materials filed by the petitioner or interested parties. The 
        Commission may also request, at its discretion, comments or 
        technical assistance from the Commission panel concerning the 
        final determination under section 9(b) or under section 5(d) 
        and the record used for either determination.
            (4) Administrative record.--For purposes of review by the 
        Commission, the administrative record shall consist of all 
        appropriate documents held by the Commission relevant to the 
        determination involved in the request for reconsideration. The 
        Commission panel shall designate and make available to the 
        Commission copies of critical documents central to the portions 
        of the determination under a request for reconsideration. The 
        Commission panel shall retain custody of the remainder of the 
        administrative record, to which the Commission shall have 
        unrestricted access.
            (5) Panel's determination affirmed.--The Commission shall 
        affirm the Commission panel's determination if the Commission 
        finds that the petitioner or interested party has failed to 
        establish, by a preponderance of the evidence, at least one of 
        the grounds under subsection (c).
            (6) Panel's determination vacated.--The Commission shall 
        vacate the Commission panel's determination and remand it to 
        the Commission panel for further work and reconsideration if 
        the Commission finds that the petitioner or an interested party 
        has established, by a preponderance of the evidence, one or 
        more of the grounds under subsectukion (c).

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 any 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 any other Indian tribe before the recognition 
        by the Federal Government of that Indian group as an Indian 
        tribe.

SEC. 12. IMPLEMENTATION OF DECISIONS.

    Upon recognition by the Commission of a petitioner as an Indian 
tribe under this Act, the Indian tribe shall--
            (1) 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 relationships with the 
        United States;
            (2) have the responsibilities, obligations, privileges, and 
        immunities of those Indian tribes; and
            (3) be included on the list of federally recognized tribes 
        under the Federally Recognized Indian Tribe List Act of 1994 
        (25 U.S.C. 479a et seq.; Public Law 103-454) (as amended by 
        section 12 of this Act).

SEC. 13. RECOGNITION OR RESTORATION OF INDIAN TRIBES.

    The Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
479a et seq.; Public Law 103-454) is amended by striking section 103 
and inserting the following:

``SEC. 103. RECOGNITION AND RESTORATION OF INDIAN TRIBES.

    ``Indian tribes may be recognized or restored by--
            ``(1) Federal law;
            ``(2) the Commission on Recognition of Indian Tribes;
            ``(3) reorganization under the Indian Reorganization Act or 
        the Alaska Indian Reorganization Act; and
            ``(4) any final decision of a United States court.''.

SEC. 14. INDIAN REORGANIZATION ACT.

    The Act of June 18, 1934 (25 U.S.C. 461 et seq.; popularly known as 
the ``Indian Reorganization Act''), is applicable to all tribes 
recognized by the Commission, without regard to whether such tribe was 
under Federal jurisdiction as of June 18, 1934.

SEC. 15. NEEDS DETERMINATION AND BUDGET REQUEST.

    (a) 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.
    (b) 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. 16. ANNUAL REPORT CONCERNING COMMISSION'S ACTIVITIES.

    (a) 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 Natural 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 persons received 
                during the year and the names of 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 petitioners.

SEC. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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)(2), 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. 22. 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 2010 through 2018.
    (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 fiscal years 2010 through 2018.
                                 <all>