[Congressional Record Volume 140, Number 63 (Thursday, May 19, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
   THE INTRODUCTION OF THE INDIAN FEDERAL RECOGNITION ADMINISTRATIVE 
                         PROCEDURES ACT OF 1994

                                 ______


                          HON. BILL RICHARDSON

                             of new mexico

                    in the house of representatives

                         Thursday, May 19, 1994

  Mr. RICHARDSON. Mr. Speaker, today I am introducing the Indian 
Federal Recognition Administrative Procedures Act of 1994. I am pleased 
to have Representative Craig Thomas of Wyoming as an original cosponsor 
on this measure. Representative Thomas and I have worked together on 
many issues in the Subcommittee on Native American Affairs, and we 
reached the same conclusion after several hearings on the recognition 
of Indian tribes. The conclusion is that we need a system to carry out 
this task.
  In 1978, the Secretary of the Interior established an administrative 
process to determine whether an Indian group should be deemed a 
``federally recognized Indian tribe'' under the laws of the United 
States. This task is currently carried out by the Branch of 
Acknowledgement and Research of the BIA which administers the Federal 
acknowledgement process. However, the main mission of the Bureau of 
Indian Affairs is to provide services to the 547 federally recognized 
tribal governments already in existence. The BIA provides these 
services with limited dollars. Hence, we have handed the responsibility 
for recognizing new Indian tribes to an agency which has a hard time 
providing services to existing tribes. Consequently, there is an 
inherent disincentive to recognize new tribes by the BIA since new 
tribes would mean a greater strain on an already overstretched budget.
  In previous hearings before the Congress, an unfortunate fact has 
become clear: federally recognized Indian tribes prefer the status quo 
with regard to the recognition process rather an improved 
administrative process. In the 16 years the Federal acknowledgement 
process has been in place, only nine tribes have been recognized. 
Indian tribes view the BIA and Indian Health Service budgets as two 
small pies. If more tribes get recognized, the pie slice of every tribe 
in America gets smaller. The pies never get bigger since BIA and IHS 
programs are not entitlements. Hence, the politics of Indian country do 
not favor these unacknowledged groups.
  In committee hearings over the last 5 years on the Federal 
acknowledgement process, I have come to the firm conclusion that this 
process simply does not work. The FAP process has become an extremely 
protracted, expensive, and thoroughly frustrating experience for 
petitioners. Many Indian groups have determined that moving recognition 
legislation through the Congress is the most expeditious method of 
obtaining Federal recognition. We have seen a dramatic increase in the 
number of recognition bills which have been introduced and referred to 
our committee. Unfortunately, we simply do not have adequate resources 
to properly consider every recognition petition submitted to the 
Congress.
  The only reasonable solution to this problems is to take this process 
out of the BIA and establish a Commission to acknowledge Indian tribes. 
Mr. Thomas and I have discussed this matter at great length and have 
jointly authored the bill we introduce today. The bill would establish 
the Commission on Indian Recognition which would consist of three 
members appointed by the President. Any Indian group could submit a 
petition for recognition to the Commission and request that the 
Commission recognize the group as an Indian tribe under the laws of the 
United States. The bill establishes uniform administrative procedures 
to extend recognition to petitioning groups. It provides for clear and 
consistent standards of administrative review of recognition petitions. 
The measure provides definitive timelines to expedite the 
administrative review process, and also provides adequate resources for 
the Commission and for petitioning tribes.
  Mr. Speaker, Mr. Thomas and I believe that this bill is cost 
effective for the United States and for groups seeking Federal 
acknowledgement. I urge my colleagues to support this bill which we 
intend to hold hearing on next month. We fully intend that this bill 
will become law this year.

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