[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[Congressional Record: October 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
    INDIAN FEDERAL RECOGNITION ADMINISTRATIVE PROCEDURES ACT OF 1994

  Mr. RICHARDSON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4462) to provide for administrative procedures to extend 
Federal recognition to certain Indian groups, and for other purposes as 
amended.
  The Clerk read as follows:

                               H.R. 4462

       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 ``Indian Federal Recognition 
     Administrative Procedures Act of 1994''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to establish an administrative procedure to extend 
     Federal recognition to certain Indian groups;
       (2) to extend to Indian groups which are determined to be 
     Indian tribes the protection, services, and benefits 
     available from the Federal Government pursuant to the Federal 
     trust responsibility;
       (3) to extend to Indian groups which are determined to be 
     Indian tribes 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;
       (4) to ensure that when the Federal government extends 
     acknowledgment to an Indian tribe, it does so with a 
     consistent legal, factual and historical basis;
       (5) to establish a commission which will act in a 
     supporting role to petitioning groups applying for 
     recognition;
       (6) to provide clear and consistent standards of 
     administrative review of documented petitions for Federal 
     acknowledgment;
       (7) to clarify evidentiary standards and expedite the 
     administrative review process by providing adequate resources 
     to process petitions; and
       (8) to remove the Federal acknowledgment process from the 
     Bureau of Indian Affairs and invest it in an independent 
     Commission on Indian Recognition.

     SEC. 3. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``aboriginal group'' means any Indian group or 
     tribe that is presently located in Canada or the United 
     States of Mexico and consists of individuals who are 
     descendants of the people who inhabited the area now 
     constituting those two countries prior to their first 
     sustained contact with Euro-Americans.
       (2) The term ``acknowledgment'' or ``acknowledged'' means a 
     determination by the Commission on Indian Recognition that an 
     Indian group constitutes an Indian tribe with a government-
     to-government relationship with the United States, and whose 
     members are recognized as eligible for the special programs 
     and services provided by the United States to Indians because 
     of their status as Indians.
       (3) The term ``autonomous'' means the exercise of political 
     influence or authority independent of the control of any 
     other Indian governing entity. Autonomous must be understood 
     in the context of the history, geography, culture and social 
     organization of the petitioner.
       (4) The term ``Bureau'' means the Bureau of Indian Affairs.
       (5) The term ``Commission'' means the Commission on Indian 
     Recognition established pursuant to section 4.
       (6) The term ``community'' means any group of people, 
     living within a reasonable territorial propinquity, which can 
     demonstrate that consistent interactions and significant 
     social relationships exist within its membership and that its 
     members are differentiated from and identified as distinct 
     from nonmembers. ``Community'' must be understood in the 
     context of the history, culture and social organization of 
     the group, taking into account the geography of the region in 
     which they reside.
       (7) The term ``continuously'' or ``continuous'' means 
     extending from the first sustained contact with Euro-
     Americans throughout the group's history to the present 
     substantially without interruption.
       (8) The term ``Department'' means the Department of the 
     Interior.
       (9) The term ``documented petition'' means the detailed, 
     factual exposition and arguments, including all documentary 
     evidence, necessary to demonstrate that these arguments 
     specifically address the mandatory criteria established in 
     section 5.
       (10) The term ``historically'', ``historical'' or 
     ``history'' means dating from the first sustained contact 
     with Euro-Americans.
       (11) The term ``Indian group'' or ``group'' means any 
     Indian, Alaska Native, or Native Hawaiian tribe, band, 
     pueblo, village or community within the United States that 
     the Secretary of the Interior does not acknowledge to be an 
     Indian tribe.
       (12) The term ``Indian tribe'' or ``tribe'' means any 
     Indian, Alaska Native, or Native Hawaiian tribe, band, 
     pueblo, village or community within the United States that 
     the Secretary of the Interior presently acknowledges to be an 
     Indian tribe.
       (13) The term ``indigenous'' means native to the United 
     States in that at least part of the petitioner's traditional 
     territory at the time of first sustained contact with Euro-
     Americans extended into what is now the United States.
       (14) The term ``letter of intent'' means an undocumented 
     letter or resolution which is dated and signed by the 
     governing body of an Indian group and submitted to the 
     Commission and indicates the group's intent to submit a 
     petition for Federal acknowledgment as an Indian tribe.
       (15) The term ``member of an Indian group'' means an 
     individual who is recognized by an Indian group as meeting 
     its membership criteria and who consents in writing to being 
     listed as a member of that group.
       (16) The term ``member of an Indian tribe'' means an 
     individual who meets the membership requirements of the tribe 
     as set forth in its governing document or, in the absence of 
     a governing document which sets out these requirements, has 
     been recognized as a member collectively by those persons 
     comprising the tribal governing body; and has consistently 
     maintained tribal relations with the tribe or is listed on 
     the tribal membership rolls as a member, if such rolls are 
     kept.
       (17) The term ``petition'' means a petition for 
     acknowledgment submitted or transferred to the Commission 
     pursuant to section 5 of this Act.
       (18) The term ``petitioner'' means any group which has 
     submitted a letter of intent to the Commission requesting 
     acknowledgment that it is an Indian tribe.
       (19) The term ``political influence or authority'' means a 
     tribal council, leadership, internal process or other 
     mechanism which the group has used as a means of influencing 
     or controlling the behavior of its members in significant 
     respects, or making decisions for the group which 
     substantially affect its members, or representing the group 
     in dealing with non-members in matters of consequence to the 
     group. ``Political influence or authority'' is to be 
     understood in the context of the history, culture and social 
     organization of the group.
       (20) The term ``previous Federal acknowledgment'' means any 
     action by the Federal government the character of which is 
     clearly premised on identification of a tribal political 
     entity and clearly indicates the recognition of a government-
     to-government relationship between that entity and the 
     Federal government.
       (21) The term ``restoration'' means the reextension of 
     acknowledgment to any previously acknowledged tribe which may 
     have had its acknowledged status abrogated or diminished by 
     reason of congressional legislation expressly terminating 
     that status.
       (22) The term ``Secretary'' means the Secretary of the 
     Interior.
       (23) The term ``sustained contact'' means the period of 
     earliest sustained Euro-American settlement or governmental 
     presence in the local area in which the tribe or tribes from 
     which the petitioner claims descent was located historically.
       (24) 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) made by any government with, or on behalf of, any 
     Indian group or tribe, from which government the United 
     States subsequently acquired territory by purchase, conquest, 
     annexation, or cession; or
       (C) negotiated by the United States with, or on behalf of, 
     any Indian group in California, whether or not the treaty was 
     subsequently ratified.
       (25) The term ``tribal relations'' means participation by 
     an individual in a political and social relationship with an 
     Indian tribe.
       (26) The term ``tribal roll'' means a list exclusively of 
     those individuals who have been determined by the tribe to 
     meet the tribe's membership requirements as set forth in its 
     governing document or, in the absence of a governing document 
     setting forth those requirements, have been recognized as 
     members by the tribe's governing body. In either case, those 
     individuals on a tribal roll must have affirmatively 
     demonstrated consent to being listed as members.
       (27) The term ``United States'' means the 48 contiguous 
     states, Alaska and Hawaii; and does not include territories 
     or possessions.

     SEC. 4. COMMISSION ON INDIAN RECOGNITION.

       (a) Establishment.--There is established, as an independent 
     commission, the Commission on Indian Recognition.
       (b) Membership.--(1)(A) The Commission shall consist of 
     three members appointed by the President, by and with the 
     advice and consent of the Senate.
       (B) In making appointments to the Commission, the President 
     shall give careful consideration to--
       (i) recommendations received from Indian tribes;
       (ii) individuals who have a background in Indian law or 
     policy, anthropology, genealogy, or history; and
       (iii) individuals who, at the time of nomination, are 
     employed by the United States Government and would be 
     eligible to participate through the Intergovernmental 
     Personnel Exchange Act.
       (2) No more than two members of the Commission may be 
     members of the same political party.
       (3)(A) Each member of the Commission shall be appointed for 
     a term of four years, except as provided in subparagraph (B).
       (B) As designated by the President at the time of 
     appointment, of the members first appointed--
       (i) one shall be appointed for a term of two years;
       (ii) one shall be appointed for a term of three years; and
       (iii) one shall be appointed for a term of four years.
       (4) Any vacancy in the Commission shall not affect its 
     powers, 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 member's predecessor was appointed shall be appointed 
     only for the remainder of that term. A member may serve after 
     the expiration of that member's term until a successor has 
     taken office.
       (5)(A) Each member of the Commission not otherwise employed 
     by the United States Government 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 traveltime, such member is engaged in the 
     actual performance of duties authorized by the Commission.
       (B) Except as provided in subparagraph (C), a member of the 
     Commission who is otherwise an officer or employee of the 
     United States Government shall serve on the Commission 
     without additional compensation, but such service shall be 
     without interruption or loss of civil service status or 
     privilege.
       (C) 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 
     home or their regular place of business, in accordance with 
     subchapter I of chapter 57 of title 5, United States Code.
       (6) At the time appointments are made under paragraph (1), 
     the President shall designate one of such appointees as 
     Chairman of the Commission.
       (c) Meetings and Procedures.--(1) The Commission shall hold 
     its first meeting no later than 30 days after the date on 
     which all members of the Commission have been appointed and 
     confirmed by the Senate.
       (2) Two members of the Commission shall constitute a quorum 
     for the transaction of business.
       (3) The Commission may adopt such rules (consistent with 
     the provisions of this Act) as may be necessary to establish 
     its procedures and to govern the manner of its operations, 
     organization, and personnel.
       (4) 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) Subject to such rules and 
     regulations as may be adopted by the Commission, the Chairman 
     of the Commission is authorized to--
       (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 such 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 Chairman deems 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 such 
     title.
       (2) The Commission is authorized to--
       (A) hold such hearings and sit and act at such times;
       (B) take such testimony;
       (C) have such printing and binding done;
       (D) enter into such contracts and other arrangements, 
     subject to the availability of funds;
       (E) make such expenditures; and
       (F) take such other actions,
     as the Commission may deem advisable. Any member of the 
     Commission may administer oaths or affirmations to witnesses 
     appearing before the Commission.
       (3)(A) The Commission is authorized to secure directly from 
     any officer, department, agency, establishment, or 
     instrumentality of the Federal Government such information as 
     the Commission may require for the purpose of this Act, and 
     each such officer, department, agency, establishment, or 
     instrumentality is authorized and directed to furnish, to the 
     extent permitted by law, such information, suggestions, 
     estimates, and statistics directly to the Commission, upon 
     request made by the Chairman of the Commission.
       (B) Upon the request of the Chairman of the Commission, the 
     head of any Federal department, agency, or instrumentality is 
     authorized to make any of the facilities and services of such 
     department, agency, or instrumentality available to the 
     Commission and detail any of the personnel of such 
     department, agency, or instrumentality to the Commission, on 
     a nonreimbursable basis, to assist the Commission in carrying 
     out its duties under this section.
       (C) 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 shall not apply to the 
     Commission.

     SEC. 5. PETITIONS FOR RECOGNITION.

       (a) In General.--(1) Any Indian group may submit to the 
     Commission a petition requesting that the Commission 
     recognize that the Indian group is an Indian tribe.
       (2) The provisions of this Act do not apply to the 
     following groups or entities, which shall not be eligible for 
     recognition under this Act--
       (A) Indian tribes, organized bands, pueblos, communities, 
     and Alaska Native entities which 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, communities, or 
     groups of any character which separate from the main body of 
     an Indian tribe that, at the time of such separation, is 
     recognized as being an Indian tribe by the Secretary, unless 
     it can be clearly established that the group, faction, or 
     community has functioned throughout history until the date of 
     such petition as an autonomous Indian tribal entity;
       (C) groups, or successors in interest of groups, that prior 
     to the date of enactment of this Act, have petitioned for and 
     been denied or refused recognition as an Indian tribe under 
     regulations prescribed by the Secretary;
       (D) any Indian group whose relationship with the Federal 
     Government was expressly terminated by an Act of Congress; 
     and
       (E) any Indian group that, in any action in a United States 
     court to which the group was a party, has previously 
     attempted to establish its status as an Indian tribe or a 
     successor-in-interest to an Indian tribe that was a party to 
     a treaty with the United States, and--
       (i) was determined by such court not to be an Indian tribe; 
     or
       (ii) was determined by such court not to be a successor-in-
     interest to an Indian tribe that was a party to a treaty with 
     the United States; or
       (iii) was the subject of findings of fact by such court 
     which, if made by the Commission, would show that the group 
     was incapable of establishing one or more of the criteria set 
     forth in this section.
       (3)(A) No later than 30 days after the date on which all of 
     the members of the Commission have been appointed and 
     confirmed by the Senate, the Secretary shall transfer to the 
     Commission all petitions pending before the Department and 
     not then under active consideration that request the 
     Secretary, or the Federal Government, to recognize or 
     acknowledge an Indian group as an Indian tribe, except those 
     groups whose petitions are under active consideration at the 
     time of the transfer.
       (B) On the date of such transfer, 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, except those groups under active 
     consideration whose petitions have been retained by the 
     Department pursuant to subparagraph (A) of this paragraph.
       (C) Petitions transferred to the Commission under 
     subparagraph (A) of this paragraph shall, for purposes of 
     this Act, be considered as having been submitted to the 
     Commission in the same order as they were submitted to the 
     Department.
       (b) Petition Form and Content.--Except as provided in 
     subsection (c), any petition submitted under subsection (a) 
     by an Indian group shall be in any readable form which 
     clearly indicates that it is a petition requesting the 
     Commission to recognize that the Indian group is an Indian 
     tribe and which contains detailed, specific evidence as to 
     each of the following:
       (1) A statement of facts establishing that the petitioner 
     has been identified as an American Indian entity on a 
     substantially continuous basis since 1871. Evidence that the 
     group's character as an Indian entity has from time to time 
     been denied shall not be considered to be conclusive evidence 
     that this criterion has not been met. Evidence to be relied 
     upon in determining a group's Indian identity may include one 
     or a combination of the following, as well as other evidence 
     of identification by other than the petitioner itself or its 
     members:
       (A) Identification of the petitioner as an Indian entity by 
     Federal authorities.
       (B) Relationships of the petitioner with State governments 
     based on identification of the petitioner as an Indian 
     entity.
       (C) Dealings of the petitioner with a county, parish, or 
     other local government in a relationship based on the Indian 
     identity of the petitioner.
       (D) Identification of the petitioner as an Indian entity by 
     records in private or public archives, courthouses, churches, 
     or schools.
       (E) Identification of the petitioner as an Indian entity by 
     anthropologists, historians, or other scholars.
       (F) Identification of the petitioner as an Indian entity in 
     newspapers, books, or similar media.
       (G) Identification of the petitioner as an Indian entity by 
     other Indian tribes or by national, regional, or state Indian 
     organizations.
       (H) Identification of the petitioner as an Indian entity by 
     foreign governments or international organizations.
       (2)(A) A statement of facts establishing that a predominant 
     portion of the membership of the petitioner comprises a 
     community distinct from those surrounding it and has existed 
     as a community from historical times to the present. Evidence 
     to be relied upon in determining that the petitioner meets 
     this criterion may include one or a combination of the 
     following:
       (i) Significant rates of marriage within the group, or, as 
     may be culturally required, patterned out-marriages with 
     other Indian populations.
       (ii) Significant social relationships connecting individual 
     members.
       (iii) Significant rates of informal social interaction 
     which exist broadly among the members of a group.
       (iv) A significant degree of shared or cooperative labor or 
     other economic activity among the membership.
       (v) Evidence of strong patterns of discrimination or other 
     social distinctions by non-members.
       (vi) Shared sacred or secular ritual activity encompassing 
     most of the group.
       (vii) Cultural patterns shared among a significant portion 
     of the group that are different from those of the non-Indian 
     populations with whom it interacts. These patterns must 
     function as more than a symbolic identification of the group 
     as Indian, and may include, but are not limited to, language, 
     kinship or religious organizations, or religious beliefs and 
     practices.
       (viii) The persistence of a named, collective Indian 
     identity continuously over a period of more than 50 years, 
     notwithstanding changes in name.
       (ix) A demonstration of historical political influence 
     pursuant to the criterion set forth in paragraph (3).
       (B) A petitioner shall be considered to have provided 
     sufficient evidence of community at a given point in time if 
     evidence is provided demonstrating any one of the following:
       (i) More than 50 percent of the members reside in a 
     particular geographical area exclusively or almost 
     exclusively composed of members of the group, and the balance 
     of the group maintains consistent social interaction with 
     some members of the community;
       (ii) At least 50 percent of the marriages of the group are 
     between members of the group;
       (iii) At least 50 percent of the group members maintain 
     distinct cultural patterns such as, but not limited to, 
     language, kinship or religious organizations, or religious 
     beliefs or practices;
       (iv) There are distinct community social institutions 
     encompassing a substantial portion of the members, such as 
     kinship organizations, formal or informal economic 
     cooperation, or religious organizations; or
       (v) The group has met the criterion in paragraph (3) using 
     evidence described in paragraph (3)(B).
       (3)(A) A statement of facts establishing that the 
     petitioner has maintained political influence or authority 
     over its members as an autonomous entity from historical 
     times until the present. Evidence to be relied upon in 
     determining that the petitioner meets this criterion may 
     include one or a combination of the following:
       (i) The group is able to mobilize significant numbers of 
     members and significant resources from its members for group 
     purposes.
       (ii) Most of the membership considers issues acted upon or 
     taken by group leaders or governing bodies to be of personal 
     importance.
       (iii) There is a widespread knowledge, communication and 
     involvement in political processes by most of the group's 
     members.
       (iv) The group meets the criterion in paragraph (2) at more 
     than a minimal level.
       (v) There are intragroup conflicts which show controversy 
     over valued group goals, properties, policies, processes or 
     decisions.
       (B) A petitioner shall be considered to have provided 
     sufficient evidence to demonstrate the exercise of political 
     influence or authority at a given point in time by 
     demonstrating that group leaders or other mechanisms exist or 
     existed which:
       (i) Allocate group resources such as land, residence rights 
     or the like on a consistent basis.
       (ii) Settle disputes between members or subgroups such as 
     clans or moieties by mediation or other means on a regular 
     basis.
       (iii) Exert strong influence on the behavior of individual 
     members, such as the establishment or maintenance of norms 
     and the enforcement of sanctions to direct or control 
     behavior.
       (iv) Organize or influence economic subsistence activities 
     among the members, including shared or cooperative labor.
       (C) A group that has met the requirements in paragraph 
     (2)(B) at a given point in time shall be considered to have 
     provided sufficient evidence to meet this criterion at that 
     same point in time.
       (4) A copy of the petitioner's present governing document 
     including its membership criteria. In the absence of a 
     written document, the petitioner must provide a statement 
     describing in full its membership criteria and current 
     governing procedures.
       (5) A list of all current members of the petitioner, 
     including each member's full name (and maiden name, if any), 
     date and place of birth, and current residential address, as 
     well as a copy of each available former list of members based 
     on the petitioner's own defined criteria, and a statement 
     describing the methods used in preparing those lists. The 
     membership must consist of individuals who have established 
     descendancy from an Indian group which existed historically 
     or from historical Indian groups which combined and 
     functioned as a single autonomous entity. Evidence of tribal 
     membership required by the Commission includes (but is not 
     limited to)--
       (A) descendancy rolls prepared by the Secretary for the 
     petitioner for purposes of distributing claims money, 
     providing allotments, or other purposes;
       (B) State, Federal, or other official records or evidence 
     identifying present members of the petitioner, or ancestors 
     of 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;
       (C) church, school, and other similar enrollment records 
     identifying present members or ancestors of present members 
     as being descendants of a historic tribe or historic tribes 
     that combined and functioned as a single autonomous political 
     entity;
       (D) affidavits of recognition by tribal elders, leaders, or 
     the tribal governing body identifying present members or 
     ancestors of present members as being descendants of a 
     historic tribe or historic tribes that combined and 
     functioned as a single autonomous political entity; and
       (E) other records or evidence identifying present members 
     or ancestors of present members as being descendants of a 
     historic tribe or historic tribes that combined and 
     functioned as a single autonomous political entity.
       (c) Exceptions.--A petition from an Indian group which can 
     demonstrate by a preponderance of the evidence that it was, 
     or is the successor in interest to, a--
       (1) party to a treaty or treaties;
       (2) group acknowledged by any agency of the Federal 
     Government as eligible to participate in the Indian 
     Reorganization Act of 1934 (25 U.S.C. 461 et seq.);
        (3) group for the benefit of which the United States took 
     into trust land or lands, or which the Federal government has 
     treated as having collective rights in tribal lands or funds; 
     or
       (4) group has been denominated a tribe by Act of Congress 
     or Executive Order,

     shall be required to establish the criteria set forth in this 
     section only from the date of that Federal action to the 
     present.

     SEC. 6. NOTICE OF RECEIPT OF PETITION.

       (a) Petitioner.--Within 30 days after a petition is 
     submitted or transferred to the Commission under section 
     5(a), the Commission shall send an acknowledgement of receipt 
     in writing to the petitioner and shall have published in the 
     Federal Register a notice of such receipt, including the 
     name, location, and mailing address of the petitioner and 
     such other information that will identify the entity who 
     submitted the petition and the date the petition was received 
     by the Commission. The notice shall also indicate where a 
     copy of the petition may be examined.
       (b) Others.--The Commission shall also notify, in writing, 
     the Governor and attorney general of, and each recognized 
     Indian tribe within, any State in which a petitioner resides.
       (c) Publication; Opportunity for Supporting or Opposing 
     Submissions.--The Commission shall publish the notice of 
     receipt of the petition in a major newspaper of general 
     circulation in the town or city nearest the location of the 
     petitioner. The notice shall include, in addition to the 
     information described in subsection (a), notice of 
     opportunity for other parties to submit factual or legal 
     arguments in support of or in opposition to, the petition. 
     Such submissions shall be provided to the petitioner upon 
     receipt by the Commission. The petitioner shall be provided 
     an opportunity to respond to such submissions prior to a 
     determination on the petition by the Commission.

     SEC. 7. PROCESSING THE PETITION.

       (a) Review.--(1) Upon receipt of a documented petition, the 
     Commission shall conduct a review to determine whether the 
     petitioner is entitled to be recognized as an Indian tribe.
       (2) The review conducted under paragraph (1) shall include 
     consideration of the petition, supporting evidence, and the 
     factual statements contained in the petition.
       (3) The Commission may also initiate other research for any 
     purpose relative to analyzing the petition and obtaining 
     additional information about the petitioner's status and may 
     consider any evidence which may be submitted by other 
     parties.
       (4) Upon request by the petitioner, the Library of Congress 
     and the National Archives shall each allow access to the 
     petitioner to its resources, records, and documents, for the 
     purpose of conducting research and preparing evidence 
     concerning the status of the petitioner.
       (b) Consideration.--(1) Except as otherwise provided in 
     this subsection, petitions shall be considered on a first 
     come, first served basis, determined by the date of the 
     original filing of the petition with the Commission, or the 
     Department if the petition is one transferred to the 
     Commission pursuant to section 5(a). The Commission shall 
     establish a priority register including those petitions 
     pending before the Department on the date of enactment of 
     this Act.
       (2) Petitions that are submitted to the Commission by 
     Indian groups that meet one or more of the requirements set 
     forth in section 5(c) shall receive priority consideration 
     over petitions submitted by any other Indian group.

     SEC. 8. PRELIMINARY HEARING.

       (a) In General.--Within 60 days after the receipt of a 
     petition by the Commission, the Commission shall set a date 
     for a preliminary hearing. At the preliminary hearing, the 
     petitioner and any other concerned party may provide evidence 
     concerning the status of the petitioner.
       (b) Determination.--(1) Within 30 days after the conclusion 
     of the preliminary hearing under subsection (a), the 
     Commission shall make a determination either--
       (A) to extend Federal acknowledgement to the petitioner; or
       (B) that the petitioner proceed to an adjudicatory hearing.
       (2) The Commission shall publish the determination in the 
     Federal Register.
       (c) Information to be Provided Preparatory to an 
     Adjudicatory Hearing.--(1) If the Commission determines under 
     subsection (b) that the petitioner proceed to an adjudicatory 
     hearing, the Commission shall--
       (A) make available its appropriate evidentiary records to 
     the petitioner to assist the petitioner in preparing for the 
     adjudicatory hearing, and shall also include such guidance as 
     the Commission considers necessary or appropriate to assist 
     the petitioner in preparing for the hearing; and
       (B) within 30 days after the conclusion of the preliminary 
     hearing under subsection (a), notify the petitioner in 
     writing, which notice shall include a list of any 
     deficiencies or omissions on which the Commission relied in 
     making its determination.
       (2) The list of deficiencies and omissions provided under 
     paragraph (1)(B) shall be the subject of the adjudicatory 
     hearing. The Commission may not add to this list once it is 
     issued.

     SEC. 9. ADJUDICATORY HEARING.

       (a) In General.--Within 180 days after the conclusion of 
     the preliminary hearing, the Commission shall afford the 
     petitioner described in section 8(b)(1)(B) an adjudicatory 
     hearing. The hearing shall be on the list of deficiencies and 
     omissions provided under section 8(c)(1)(B) and shall be 
     conducted pursuant to section 554 of title 5, United States 
     Code.
       (b) Testimony From Staff of Commission.--The Commission may 
     require testimony from its acknowledgement and research staff 
     or other witnesses. Any such testimony shall be subject to 
     cross-examination by the petitioner.
       (c) Evidence by Petitioner.--The petitioner may provide 
     such evidence as the petitioner deems appropriate.
       (d) Decision by Commission.--Within 60 days after the end 
     of the hearing held under subsection (a), the Commission 
     shall--
       (1) make a determination as to the extension or denial of 
     Federal acknowledgment to the petitioner;
       (2) publish its determination under paragraph (1) in the 
     Federal Register; and
       (3) deliver a copy of the determination to the petitioner, 
     and to every other interested party.

     SEC. 10. APPEALS.

       (a) In General.--Within 60 days after the date the 
     Commission's decision is published under section 9(d), the 
     petitioner may appeal the determination to the United States 
     District Court for the District of Columbia.
       (b) Attorney Fees.--If the petitioner prevails in the 
     appeal described in subsection (a), it shall be eligible for 
     an award of reasonable attorney fees and costs under the 
     provisions of section 504 of title 5, United States Code, or 
     section 2412 of title 28 of such Code, as the case may be.

     SEC. 11. EFFECT OF DETERMINATIONS.

       A determination by the Commission that an Indian group is 
     recognized by the Federal Government as an Indian tribe shall 
     not have the effect of--
       (1) depriving or diminishing the right of any other Indian 
     tribe to govern its reservation as such reservation existed 
     prior to the recognition of such Indian group, or as the same 
     may exist thereafter;
       (2) depriving or diminishing any property right held in 
     trust or recognized by the United States for such other 
     Indian tribe as it existed prior to the recognition of such 
     Indian group; or
       (3) depriving or diminishing any previously or 
     independently existing claim by a petitioner to any such 
     property right held in trust by the United States for such 
     other Indian tribe prior to the recognition of such Indian 
     group.

     SEC. 12. IMPLEMENTATION OF DECISIONS.

       (a) Eligibility for Services and Benefits.--(1) Subject to 
     paragraph (2), upon recognition by the Commission that the 
     petitioner is an Indian tribe, the Indian tribe shall 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 relationship with the United 
     States, as well as having the responsibilities and 
     obligations of such Indian tribes. Such recognition shall 
     subject the Indian tribes to the same authority of Congress 
     and the United States to which other federally recognized 
     tribes are subject.
       (2) Recognition of the Indian tribe under this Act does not 
     create an immediate entitlement to existing programs of the 
     Bureau. Such programs shall become available upon 
     appropriation of funds by law. Requests for appropriations 
     shall follow a determination under subsection (b) of the 
     needs of the newly recognized Indian tribe.
       (b) Needs Determination.--Within 6 months after an Indian 
     tribe is recognized under this Act, the appropriate area 
     offices of the Bureau and the Indian Health Service shall 
     consult and develop in cooperation with the Indian tribe, and 
     forward to the respective Secretary, a determination of the 
     needs of the Indian tribe and a recommended budget required 
     to serve the newly recognized Indian tribe. The recommended 
     budget shall be considered along with recommendations by the 
     appropriate Secretary in the budget-request process.

     SEC. 13. ANNUAL REPORT CONCERNING COMMISSION'S ACTIVITIES.

       (a) List of Recognized Tribes.--Not later than 90 days 
     after the date of the enactment of this Act, and annually on 
     or before every January 30 thereafter, the Commission shall 
     publish in the Federal Register a list of all Indian tribes 
     which are recognized by the Federal Government and receiving 
     services from the Bureau of Indian Affairs.
       (b) Annual Report.--Beginning one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Commission shall submit a report to the Committee on Natural 
     Resources of the House of Representatives and to the 
     Committee on Indian Affairs of the Senate a report on its 
     activities, which shall include at a minimum the following:
       (1) The number of petitions pending at the beginning of the 
     year and the names of the petitioners.
       (2) The number of petitions received during the year and 
     the names of the petitioners.
       (3) The number of petitions the Commission approved for 
     acknowledgment and the names of the acknowledged petitioners.
       (4) The number of petitions the Commission denied for 
     acknowledgement and the names of the petitioners.
       (5) The status of all pending petitions and the names of 
     the petitioners.

     SEC. 14. 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 and the district 
     court shall issue such orders (including writs of mandamus) 
     as may be necessary to enforce the provisions of this Act.

     SEC. 15. REGULATIONS.

       The Commission is authorized to prescribe such regulations 
     as may be necessary to carry out the provisions and purposes 
     of this Act. All such regulations must be published in 
     accordance with the provisions of title 5, United States 
     Code.

     SEC. 16. GUIDELINES AND ADVICE.

       (a) Guidelines.--No later than 90 days after the date of 
     enactment of this Act, the Commission shall make available 
     suggested guidelines for the format of petitions, including 
     general suggestions and guidelines on where and how to 
     research required information, but such examples shall not 
     preclude the use of any other format.
       (b) Research Advice.--The Commission, upon request, is 
     authorized to provide suggestions and advise to any 
     petitioner for his research into the petitioner's historical 
     background and Indian identity. The Commission shall not be 
     responsible for the actual research on behalf of the 
     petitioner.

     SEC. 17. ASSISTANCE TO PETITIONERS.

       (a) Grants.--(1) The Secretary of Health and Human Services 
     may award grants to Indian groups seeking Federal recognition 
     to enable the Indian groups to--
       (A) conduct the research necessary to substantiate 
     petitions under this Act; and
       (B) prepare documentation necessary for the submission of a 
     petition under this Act.
       (2) 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.--Grants provided under subsection 
     (a) shall be awarded competitively based on objective 
     criteria prescribed in regulations promulgated by the 
     Secretary of Health and Human Services.

     SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

       (a) Commission.--There are authorized to be appropriated 
     for the Commission for the purpose of carrying out the 
     provisions of this Act (other than section 15 17), $1,500,000 
     for fiscal year 1995 and $1,500,000 for each of the 12 
     succeeding fiscal years.
       (b) Secretary of HHS.--There are authorized to be 
     appropriated for the Administration for Native Americans of 
     the Department of Health and Human Services for the purpose 
     of carrying out the provisions of section 17, $3,000,000 for 
     each fiscal year.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Mexico [Mr. Richardson] will be recognized for 20 minutes, and the 
gentleman from Wyoming [Mr. Thomas] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from New Mexico [Mr. Richardson].


                             general leave

  Mr. RICHARDSON. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on H.R. 4462, the bill now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Mexico?
  There was no objection.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 4462 would solve one of the most pervasive and 
divisive problems in Indian affairs--the recognition of tribes.
  Through a series of hearings, we have learned that the Bureau of 
Indian Affairs is not good at recognizing Indian tribes. There are 150 
petitions at the BIA and in 16 years only 9 tribes have been 
acknowledged. Some tribes have been in this process for over a decade 
and some have spent up to $1 million to get recognized. The average 
cost to Indian groups runs from $300,000 to $500,000.
  Inherent problems persist in the BIA's acknowledgement system. The 
same people conducting the research make the determination as to 
whether a tribe gets recognized--there is no independent finder of 
fact. Nor is there an opportunity for petitioners to cross-examine 
evidence.
  Mr. Thomas, Mr. Faleomavaega, Mr. Abercrombie, and all the members of 
the subcommittee came to the conclusion that we need an independent 
commission to carry out the task of recognizing tribes. Committee 
amendments provided that the commission will hold trial-type hearings 
for petitioners who request them. The bill provides tough but fair 
standards for recognizing tribes.
  Mr. Speaker, this bill would provide groups petitioning for 
acknowledgement with their due process rights. I urge my colleagues to 
support his bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMAS of Wyoming. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in strong support of H.R. 4462, a bill to 
overhaul the BIA recognition process.
  I have long awaited the day that we would take up this legislation. 
Regardless of whether the problems with the recognition process are 
real or perceived, it is clear that something needs to be done. While 
the alleged backlog of petitions at the BIA is not nearly as great as 
many would have us believe, the perception is that the process is 
overly cumbersome, political, and ineffective. We are faced with an 
ever-growing number of tribes which seek to circumvent the process and 
pursue congressional recognition as a result.
  As the chairman knows, I strongly believe that pursuing that course 
is disastrous. It can only lead to the recognition of some groups based 
not on any Indian ancestry but solely on the power and party 
affiliation of their sponsor--the Lumbee and Mowa groups come to mind.
  This is a very complex issue, and I know our staffs have worked hard 
to craft legislation that is both workable and effective. Let me 
comment briefly on some of the more important changes we propose to 
make. First, I believe that removing the process from the BIA is an 
important step. Although I feel that the BIA has done the best job it 
can with the resources available to it, placing the process with an 
independent commission will insulate it from changes of antirecognition 
bias. I have long been troubled by the appearance--and I stress the 
word appearance--of impropriety involved in allowing the same agency 
responsible for providing services to the tribes making decisions on 
recognition that would increase their service population, in some cases 
by many thousands.
  Second, we have made some significant changes in the criteria used to 
determine tribality. This should help cut down on a substantial amount 
of paperwork and research for many groups--and eliminate one of the 
more prominent complaints about the present system.
  Mr. Speaker, while I realize that it is not likely that the bill will 
clear the other body before adjournment, I think that it is 
tremendously important that we pass it today. This is the closest 
Congress has ever come to correcting the system, and I think passage 
will send a clear signal to both the BIA and the tribes that we are 
serious about this reform.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1350

  Mr. RICHARDSON. Mr. Speaker, once again I urge all my colleagues to 
support this measure. This is a bill that will deal with the Federal 
recognition process that will conclude all the aggravation that has 
been caused by the BIA, and all the members of those tribes that have 
had difficulty getting into the acknowledgement process.
  If we pass this bill, I think it would be a significant improvement 
in an orderly procedure to recognize native American tribes and 
preclude us, hopefully, from having these long debates on each 
recognition of tribes operating within our States.
  Mr. Speaker, I urge support for this legislation.
  Mr. THOMAS of Wyoming. Mr. Speaker, I yield such time as he may 
consume to the gentleman from California [Mr. McCandless].
  Mr. McCANDLESS. I thank the gentleman for yielding this time to me.
  Mr. Speaker, there are a number of issues here on the suspension 
calendar dealing with Indian affairs. I certainly have no objection to 
these being on the suspension calendar. However, I have a concern that 
I wish to express, and I feel this should be the time, in view of the 
fact that we have written many letters, I do not know how many; and we 
have had many conferences, I do not know how many conferences, relative 
to the BIA, its relationship to Indian tribes and that relationship to 
the community in which the tribes and its land exist.
  We have run up against some very serious problems. I wanted to share 
these with the subcommittee chairman, the gentleman from New Mexico 
[Mr. Richardson], because I will be leaving at the end of this term, 
and I think it is essential that at least these concerns get into the 
Record in some shape or form relative to this problem. I can be very 
specific. There is a current potential health problem that would 
exemplify what I am talking about.
  An allottee in one of the 13 tribes in my district signed a contract 
with a disposal company for human sewage waste to become composted on 
that allotment. That contract was executed without the proper approval 
of the BIA. Three companies became a part of that particular operation, 
composting sewage sludge, much of which was hauled in 120 miles from 
the San Diego metropolitan area.

  Two of the three are still doing that. One of the three went bankrupt 
and left hundreds of thousands of tons of uncomposted human waste on 
the allotted Indian land, to the detriment of not only the Indian 
allottee lands adjacent to it, tribal lands and also private land, but 
it has created a real nuisance in that there are private enterprises 
nearby, such as a fish farm, that receive the negative aspects of this.
  We have worked and worked and worked to try to bring BIA's attention 
to bear on this so this situation will not happen again elsewhere. BIA 
did not approve this contract to begin with. But the operation took 
place anyhow. It is our understanding that it should have been approved 
prior to beginning the operation.
  Now we have a problem here; not only do we have the community in an 
uproar but we also have the rest of the tribe in an uproar. That very 
thing, sovereignty, which created the ability for the gentlemen in 
question to begin this operation, is now being exercised by members of 
that tribe, which are saying we want this taken care of, and we want 
the Federal Government, or somebody, to do this, to take care of this 
problem, this potential health problem.
  I think as we move forward here, we must understand that, yes, 
sovereignty is an important point. But whatever we have in the way of a 
relationship between the Federal Government and Indian tribes and the 
community, there needs to be some kind of an enforceable check and 
balance relative to the environmental or other aspects of what a tribe 
or allottee is able to do or not do, as it relates to the laws that go 
beyond the boundaries of the allottee's land or the tribal land. In 
this case, it has become a severe nuisance. And there is no clear 
recourse to handle the cleaning up of this problem. EPA is working on 
it, other agencies are working on it, but a year or so has gone by and 
these and other important questions remain unanswered.
  So I wish to bring this to the attention of those involved in Indian 
affairs, to ask that a review of this kind of a BIA relationship be 
undertaken. Why did the BIA not exercise the proper oversight when the 
contract was discussed, or whatever authority they have to do this? Now 
we have the people doing the actual composting and selling the compost, 
who are saying, okay, if you give us a contract or a lease on this 
property for a certain period of time, we will assume the 
responsibility of disposing of this huge pile of waste. Of course, 
those who are opposed to the composting, are saying we want everybody 
off and the site shut down. There is a cease and desist order which has 
been ignored by those who have continued composting. So you begin to 
see all of these things coming together, all of which add to what I am 
trying to say: The BIA I consider to be substandard in the management 
of their relations with Indian affairs.
  I thank the gentleman for yielding. I now have this off my chest. I 
thank the subcommittee chairman for his indulgence.
  Mr. RICHARDSON. Let me say I will take the gentleman's comments very 
seriously. He is a very serious Member of this body. He will be missed.
  I am aware of that problem and we have legislation to get rid of the 
redtape and bureaucracy that are part of the BIA system.
  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of H.R. 
4462, a bill to provide for administrative procedures to extend Federal 
recognition to certain groups of American Indians.
  We all know that a change in the Federal acknowledgement procedures 
is long overdue. Every time we hold a hearing on recognizing an Indian 
tribe, or hold a hearing on the process itself, we hear more horror 
stories resulting from the present process. I am pleased that the 
members of the Subcommittee on Native American affairs were able to 
reach a bipartisan agreement on how to proceed, and I want to thank 
Chairman Richardson, Congressman Thomas, amd their staffs for the time 
they have given this bill. The end of the Congress is a very busy time 
for all of us, and I am appreciative that everyone involved was willing 
to give this bill careful consideration.
  Mr. Speaker, H.R. 4462 will make the following changes to the process 
by which Indian tribes receive Federal recognition. The bill: First, 
creates a nonpartisan, Presidentially appointed Commission, independent 
from the Department of the Interior, which will review petitions for 
recognition; second, ensures that the Commission will work to assist 
petitioning groups in understanding the process and in obtaining 
appropriate, relevant documentation; third, sets firm time limits on 
each step within a new acknowledgement process; fourth, creates a 
process in which each petition group will know quickly of any 
deficiencies and omissions in their petition, based on a list which 
cannot be expanded; fifth, provides for annual publication of a single, 
composite list of tribes recognized by the federal government, and 
annual reports on the commission's activity' and sixth, sets forth new, 
more objective criteria upon which the final determination of applicant 
will be based.
  Mr. Speaker, I know we are in the waning days of the 103d Congress, 
but given the similarities between this bill and the Senate bill on 
this issue, I remain hopeful that an agreement can be reached, and that 
we can see new law in this area later this year.
  Mr. RICHARDSON. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  Mr. THOMAS of Wyoming. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pastor). The question is on the motion 
offered by the gentleman from New Mexico [Mr. Richardson] that the 
House suspend the rules and pass the bill, H.R. 4462, as amended.
  The question was taken.
  Mr. McCANDLESS. Mr. Speaker, I object to the vote on the ground that 
a quorum is not present and make the point of order that a quorum is 
not present.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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