[Congressional Record Volume 141, Number 37 (Tuesday, February 28, 1995)]
[Senate]
[Pages S3283-S3291]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCAIN:
  S. 479. A bill to provide for administrative procedures to extend 
Federal recognition to certain Indian groups, and for other purposes; 
to the Committee on Indian Affairs.


  THE INDIAN FEDERAL RECOGNITION ADMINISTRATIVE PROCEDURES ACT OF 1995

 Mr. McCAIN. Mr. President, today I am introducing the Indian 
Federal Recognition Administrative Procedures Act of 1995.
  The Indian Federal Recognition Administrative Procedures Act provides 
for the creation of the Commission on Indian Recognition. The 
Commission will be an independent agency of the executive branch and 
will be composed of three members appointed by the President. The 
Commission would be authorized to hold hearings, take testimony and 
reach final determinations on petitions for recognition. The bill 
provides realistic timelines to guide the Commission in the review and 
decisionmaking process. Under the existing process in the Department of 
the Interior, some petitioners have waited 10 years or more for even a 
cursory review of their petition. The bill I am introducing today 
requires the Commission to set a date for a preliminary hearing on a 
petition not later than 60 days after the filing of a documented 
petition. Not later than 30 days after the conclusion of a preliminary 
hearing, the Commission would be required to either decide to extend 
Federal acknowledgement to the petitioner or to require the petitioner 
to proceed to an adjudicatory hearing.
  To ensure fairness, the bill provides for appeals of adverse 
decisions to the U.S. District Court for the District of Columbia. To 
ensure promptness, the bill authorizes adequate funding for the costs 
of processing petitions through the Commission and to assist 
petitioners in the development of their petitions. This bill will also 
provide finality for both the petitioners and the Department of the 
Interior.
  The Department has had a process of one type or another for 
recognizing Indian tribes since the 1930's. Great uncertainty has 
existed about how or when this process might be concluded and how many 
Indian tribes will ultimately be recognized. I believe that it is in 
the interests of all parties to have a clear deadline for the 
completion of the recognition process. Accordingly, the bill requires 
all interested tribal groups to file their petitions within 6 years 
after the date of enactment and the Commission must complete all of its 
work within 12 years from the date of enactment.
  This bill is similar to the bills which I have introduced in each of 
the last three Congresses. It is also similar to a bill which passed 
the House of Representatives in the 103d Congress, H.R. 4462, and which 
has been reintroduced in this Congress by Representative Faleomavaega, 
H.R. 671. The major differences between the bill I am introducing today 
and H.R. 671 are; First, H.R. 671 would make naive Hawaiians and Alaska 
Native villages eligible
 to petition for recognition while this bill does not; second, H.R. 671 
would create a part-time Commission, while this bill creates a full-
time independent entity in the executive branch, and H.R. 671 would not 
sunset the Commission or the recognition process while this bill would 
terminate the Commission and require the process to be completed in 12 
years.

  From the earliest times, the Congress has acted to recognize the 
unique government-to-government relationship with the Indian tribes. 
There are and always have been some Indian tribes which have not been 
recognized by the Federal Government. This lack of recognition does not 
alter the fact of the existence of the tribe or of its retained 
inherent sovereignty; it merely means that there is no formal political 
relationship between the tribal government and the Federal Government 
and that the enrolled members of the tribe are not eligible for the 
services and benefits accorded to Indians because of their status as 
members of federally recognized Indian tribes.
  Over the years, the Federal courts have ruled that recognition, while 
solely within the authority of the Congress, may also be conferred 
through actions of the executive branch. Both the President and the 
Secretary of the Interior have historically acted in ways which the 
courts have found to constitute recognition of Indian tribes. And 
beginning in 1954, it was the established policy of the Congress to 
officially sanction the termination of the Federal/tribal relationship. 
This misguided policy was only effectively ended in 1970 when President 
Nixon called for the beginning of an era of self-determination and the 
end of termination.
  [[Page S3284]] In 1978, the Department of the Interior promulgated 
regulations to establish criteria and procedures for the recognition of 
Indian tribes by the Secretary. Since that time tribal groups have 
filed 147 petitions for review. Of those, 31 have been resolved and 75 
are letters expressing an intent to petition, and 7 require legislative 
authority to proceed. The remainder are in various stages of 
consideration by the Department. During this same time, the Congress 
has recognized nine other tribal groups through legislation.
  In 1978, 1983, 1988, 1989, and 1992, the Committee on Indian Affairs 
held oversight hearings on the Federal recognition process. At each of 
those hearings the record clearly showed that the process is not 
working properly. The process in the Department of the Interior is time 
consuming and costly, although it has improved somewhat in recent 
years. Some tribal groups allege that Interior Department's process 
leads to unfair and unfounded results. It has frequently been hindered 
by a lack of staff and resources needed to fairly and promptly review 
all petitions. At the same time, the Congress extends recognition to 
tribes with little or no reference to the legal standards and criteria 
employed by the Department. The result is yet another layer of 
inconsistency and apparent unfairness.
  The record from our previous hearings reveals a clear need for the 
Congress to address the problems affecting the recognition process. I 
believe that the bill I am introducing today will go a long way toward 
resolving the problems which have plagued both the Department and the 
petitions over the years.
  Mr. President, I ask unanimous consent that the full text of the 
Indian Federal Recognition Administrative Procedures Act of 1995 and a 
section-by-section summary be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                 S. 479

       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 1995''.

     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 that are determined 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;
       (3) to extend to Indian groups that 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, the Federal Government 
     does so with a consistent legal, factual, and historical 
     basis;
       (5) to establish a Commission on Indian Recognition to 
     review and act upon petitions submitted by Indian groups that 
     apply for Federal 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 transfer the responsibility for 
     the process to an independent Commission on Indian 
     Recognition.

     SEC. 3. DEFINITIONS.

       Unless the context implies otherwise, for the purposes of 
     this Act the following definitions shall apply:
       (1) Acknowledged.--The term ``acknowledged'' means, with 
     respect to an Indian group, that the Commission on Indian 
     Recognition has made an acknowledgment, as defined in 
     paragraph (2), for such group.
       (2) Acknowledgment.--The term ``acknowledgment'' means a 
     determination by the Commission on Indian Recognition that an 
     Indian group--
       (A) constitutes an Indian tribe with a government-to-
     government relationship with the United States; and
       (B) with respect to which the 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) 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, such 
     term shall be understood in the context of the history, 
     geography, culture, and social organization of the 
     petitioner.
       (4) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs of the Department.
       (5) Commission.--The term ``Commission'' means the 
     Commission on Indian Recognition established pursuant to 
     section 4.
       (6) Community.--
       (A) In general.--The term ``community'' means any group of 
     people, living within a reasonable territorial propinquity, 
     that are able to demonstrate that--
       (i) consistent interactions and significant social 
     relationships exist within the membership; and
       (ii) the members of such group are differentiated from and 
     identified as distinct from nonmembers.
       (B) Context of term.--Such term shall 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 the group resides.
       (7) Continuous or continuously.--With respect to a period 
     of history of a group, the term ``continuous'' or 
     ``continuously'' means extending from the first sustained 
     contact with Euro-Americans throughout the history of the 
     group to the present substantially without interruption.
       (8) Department.--The term ``Department'' means the 
     Department of the Interior.
       (9) Documented petition.--The term ``documented petition'' 
     means the detailed, factual exposition and arguments, 
     including all documentary evidence, necessary to demonstrate 
     that such arguments specifically address the mandatory 
     criteria established in section 5.
       (10) Group.--The term ``group'' means an Indian group, as 
     defined in paragraph (12).
       (11) Historically, historical, history.--The terms 
     ``historically'', ``historical'', and ``history'' refer to 
     the period dating from the first sustained contact with Euro-
     Americans.
       (12) Indian group.--The term ``Indian group'' means any 
     Indian, Alaska Native, or Native Hawaiian tribe, band, 
     pueblo, village or community within the United States that 
     the Secretary does not acknowledge to be an Indian tribe.
       (13) Indian tribe.--The term ``Indian tribe'' means any 
     Indian tribe, band, pueblo, village, or community within the 
     United States that--
       (A) the Secretary has acknowledged as an Indian tribe as of 
     the date of enactment of this Act, or acknowledges to be an 
     Indian tribe pursuant to the procedures applicable to certain 
     petitions under active consideration at the time of the 
     transfer of petitions to the Commission under section 
     5(a)(3); or
       (B) the Commission acknowledges as an Indian tribe under 
     this Act.
       (14) Indigenous.--With respect to a petitioner, the term 
     ``indigenous'' means native to the United States, in that at 
     least part of the traditional territory of the petitioner at 
     the time of first sustained contact with Euro-Americans 
     extended into the United States.
       (15) 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 
     petition for Federal acknowledgment as an Indian tribe.
       (16) Member of an indian group.--The term ``member of an 
     Indian group'' means an individual who--
       (A) is recognized by an Indian group as meeting the 
     membership criteria of the Indian group; and
       (B) consents in writing to being listed as a member of such 
     group.
       (17) Member of an indian tribe.--The term ``member of an 
     Indian tribe'' means an individual who--
       (A)(i) meets the membership requirements of the tribe as 
     set forth in its governing document; or
       (ii) in the absence of a governing document which sets out 
     such requirements, has been recognized as a member 
     collectively by those persons comprising the tribal governing 
     body; and
       (B)(i) has consistently maintained tribal relations with 
     the tribe; or
       (ii) is listed on the tribal membership rolls as a member, 
     if such rolls are kept.
       (18) Petition.--The term ``petition'' means a petition for 
     acknowledgment submitted or transferred to the Commission 
     pursuant to section 5.
       (19) Petitioner.--The term ``petitioner'' means any group 
     that submits a letter of intent to the Commission requesting 
     acknowledgment that the group is an Indian tribe.
       (20) Political influence or authority.--
       (A) In general.--The term ``political influence or 
     authority'' means a tribal council, leadership, internal 
     process, or other mechanism which a group has used as a means 
     of--
       (i) influencing or controlling the behavior of its members 
     in a significant manner;
       (ii) making decisions for the group which substantially 
     affect its members; or
       (iii) representing the group in dealing with nonmembers in 
     matters of consequence to the group.
     [[Page S3285]]   (B) Context of term.--Such term shall be 
     understood in the context of the history, culture, and social 
     organization of the group.
       (21) Previous federal acknowledgment.--The term ``previous 
     Federal acknowledgment'' means any action by the Federal 
     Government, the character of which--
       (A) is clearly premised on identification of a tribal 
     political entity; and
       (B) clearly indicates the recognition of a government-to-
     government relationship between that entity and the Federal 
     Government.
       (22) Restoration.--The term ``restoration'' means the 
     reextension of acknowledgment to any previously acknowledged 
     tribe with respect to which the acknowledged status may have 
     been abrogated or diminished by reason of legislation enacted 
     by Congress expressly terminating such status.
       (23) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (24) Sustained contact.--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.
       (25) 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) made by any government with, or on behalf of, any 
     Indian group or tribe, from which the Federal Government 
     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.
       (26) Tribe.--The term ``tribe'' means an Indian tribe.
       (27) Tribal relations.--The term ``tribal relations'' means 
     participation by an individual in a political and social 
     relationship with an Indian tribe.
       (28) Tribal roll.--The term ``tribal roll'' means a list 
     exclusively of those individuals who--
       (A)(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 
     such requirements, have been recognized as members by the 
     governing body of the tribe; and
       (B) have affirmatively demonstrated consent to being listed 
     as members of the tribe.
       (29) United states.--The term ``United States'' means the 
     48 contiguous States, and the States of Alaska and Hawaii. 
     Such term does not include territories or possessions of the 
     United States.

     SEC. 4. COMMISSION ON INDIAN RECOGNITION.

       (a) Establishment.--There is established, as an independent 
     commission, the Commission on Indian Recognition. 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 3 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 tribes; and
       (ii) individuals who have a background in Indian law or 
     policy, anthropology, genealogy, or history.
       (2) Political affiliation.--Not more than 2 members of the 
     Commission may be members of the same political party.
       (3) Terms.--
       (A) In general.--Except as provided in subparagraph (B), 
     each member of the Commission shall be appointed for a term 
     of 4 years.
       (B) Initial appointments.--As designated by the President 
     at the time of appointment, of the members initially 
     appointed under this subsection--
       (i) 1 member shall be appointed for a term of 2 years;
       (ii) 1 member shall be appointed for a term of 3 years; and
       (iii) 1 member shall be appointed for a term of 4 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 such term. A member may serve after the 
     expiration of the term of such 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 traveltime, such 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.--Two members of the Commission shall constitute 
     a quorum for the transaction of business.
       (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 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 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 such 
     title.
       (2) General powers and authorities of commission.--
       (A) In general.--The Commission may--
       (i) hold such hearings and sit and act at such times;
       (ii) take such testimony;
       (iii) have such printing and binding done;
       (iv) enter into such contracts and other arrangements, 
     subject to the availability of funds;
       (v) make such expenditures; and
       (vi) take such other actions,
     as the Commission may consider advisable.
       (B) Oaths and affirmations.--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, upon the request of the 
     Chairperson.
       (B) Facilities, services, and details.--Upon the request of 
     the Chairperson, to assist the Commission in carrying out the 
     duties of the Commission under this section, the head of any 
     Federal department, agency, or instrumentality may--
       (i) make any of the facilities and services of such 
     department, agency, or instrumentality available to the 
     Commission; and
       (ii) detail any of the personnel of such 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 on the date that is 12 years after the date of 
     enactment of this Act.
     [[Page S3286]] SEC. 5. PETITIONS FOR RECOGNITION.

       (a) In General.--
       (1) Petitions.--Subject to subsection (d) and except as 
     provided in paragraph (2), any Indian group may submit to the 
     Commission a petition requesting that the Commission 
     recognize an Indian group as an Indian tribe.
       (2) Exclusion.--The following groups and entities shall not 
     be eligible to submit a petition for recognition by the 
     Commission under this Act:
       (A) Certain 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) Certain 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 such 
     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 throughout history until the date of such petition 
     as an autonomous Indian tribal entity.
       (C) Certain groups that have previously submitted 
     petitions.--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) Indian groups subject to termination.--Any Indian group 
     whose relationship with the Federal Government was expressly 
     terminated by an Act of Congress.
       (E) Parties to certain actions.--Any Indian group that--
       (i) in any action in a United States court of competent 
     jurisdiction to which the group was a party, 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;
       (ii) was determined by such court--

       (I) not to be an Indian tribe; or
       (II) 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) Transfer of petition.--
       (A) In general.--Notwithstanding any other provision of 
     law, not later than 30 days after the date on which all of 
     the members of the Commission have been appointed and 
     confirmed by the Senate under section 4(b), the Secretary 
     shall transfer to the Commission all petitions pending before 
     the Department that--
       (i) are not under active consideration of the Secretary at 
     the time of the transfer; and
       (ii) request the Secretary, or the Federal Government, 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, except for those groups under 
     active consideration at the time of the transfer whose 
     petitions have been retained by the Secretary pursuant to 
     subparagraph (A).
       (C) Determination of order of submission of transferred 
     petitions.--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 such petitions 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 that clearly 
     indicates that the petition is a 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) Statement of facts.--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 character of the group 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 that the Commission may rely on in determining the 
     Indian identity of a group may include any one or more of the 
     following items:
       (A) Identification of petitioner.--An identification of the 
     petitioner as an Indian entity by any department, agency, or 
     instrumentality of the Federal Government.
       (B) Relationship of petitioner with state government.--A 
     relationship between the petitioner and any State government, 
     based on an identification of the petitioner as an Indian 
     entity.
       (C) Relationship of petitioner with a political subdivision 
     of a state.--Dealings of the petitioner with a county or 
     political subdivision of a State in a relationship based on 
     the Indian identity of the petitioner.
       (D) Identification of petitioner on the basis of certain 
     records.--An identification of the petitioner as an Indian 
     entity by records in a private or public archive, courthouse, 
     church, or school.
       (E) Identification of petitioner by certain experts.--An 
     identification of the petitioner as an Indian entity by an 
     anthropologist, historian, or other scholar.
       (F) Identification of petitioner by certain media.--An 
     identification of the petitioner as an Indian entity in a 
     newspaper, book, or similar medium.
       (G) Identification of petitioner by another indian tribe or 
     organization.--An identification of the petitioner as an 
     Indian entity by another Indian tribe or by a national, 
     regional, or State Indian organization.
       (H) Identification of petitioner by a foreign government or 
     international organization.--An identification of the 
     petitioner as an Indian entity by a foreign government or an 
     international organization.
       (I) Other evidence of identification.--Such other evidence 
     of identification as may be provided by a person or entity 
     other than the petitioner or a member of the membership of 
     the petitioner.
       (2) Evidence of community.--
       (A) In general.--A statement of facts establishing that a 
     predominant portion of the membership of the petitioner--
       (i) comprises a community distinct from those communities 
     surrounding such community; and
       (ii) has existed as a community from historical times to 
     the present.
       (B) Evidence.--Evidence that the Commission may rely on in 
     determining that the petitioner meets the criterion described 
     in clauses (i) and (ii) of subparagraph (A) may include one 
     or more of the following items:
       (i) Marriages.--Significant rates of marriage within the 
     group, or, as may be culturally required, patterned out-
     marriages with other Indian populations.
       (ii) Social relationships.--Significant social 
     relationships connecting individual members.
       (iii) Social interaction.--Significant rates of informal 
     social interaction which exist broadly among the members of a 
     group.
       (iv) Shared economic activity.--A significant degree of 
     shared or cooperative labor or other economic activity among 
     the membership.
       (v) Discrimination or other social distinctions.--Evidence 
     of strong patterns of discrimination or other social 
     distinctions by nonmembers.
       (vi) Shared ritual activity.--Shared sacred or secular 
     ritual activity encompassing most of the group.
       (vii) Cultural patterns.--Cultural patterns that--

       (I) are shared among a significant portion of the group 
     that are different from the cultural patterns of the non-
     Indian populations with whom the group interacts;
       (II) function as more than a symbolic identification of the 
     group as Indian; and
       (III) may include language, kinship or religious 
     organizations, or religious beliefs and practices.

       (viii) Collective indian identity.--The persistence of a 
     named, collective Indian identity continuously over a period 
     of more than 50 years, notwithstanding changes in name.
       (ix) Historical political influence.--A demonstration of 
     historical political influence pursuant to the criterion set 
     forth in paragraph (3).
       (C) Criteria for sufficient evidence.--The Commission shall 
     consider the petitioner to have provided sufficient evidence 
     of community at a given point in time if the petitioner has 
     provided evidence that demonstrates any one of the following:
       (i) Residence of members.--More than 50 percent of the 
     members of the group of the petitioner 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) Marriages.--Not less than 50 percent of the marriages 
     of the group are between members of the group.
       (iii) Distinct cultural patterns.--Not less than 50 percent 
     of the members of the group maintain distinct cultural 
     patterns including language, kinship or religious 
     organizations, or religious beliefs or practices.
       (iv) Community social institutions.--Distinct community 
     social institutions encompassing a substantial portion of the 
     members of the group, such as kinship organizations, formal 
     or informal economic cooperation, or religious organizations.
       (v) Applicability of criteria.--The group has met the 
     criterion in paragraph (3) using evidence described in 
     paragraph (3)(B).
       (3) Autonomous entity.--
       (A) In general.--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 time of the petition. The Commission may rely 
     on one or more of the following items in determining whether 
     a petitioner meets the criterion described in the preceding 
     sentence:
       (i) Mobilization of members.--The group is capable of 
     mobilizing significant numbers of members and significant 
     resources from its members for group purposes.
       (ii) Issues of personal importance.--Most of the membership 
     of the group considers issues acted upon or taken by group 
     leaders or governing bodies to be of personal importance.
     [[Page S3287]]   (iii) Political process.--There is a 
     widespread knowledge, communication, and involvement in 
     political processes by most of the members of the group.
       (iv) Level of application of criteria.--The group meets the 
     criterion described in paragraph (2) at more than a minimal 
     level.
       (v) Intragroup conflicts.--There are intragroup conflicts 
     which show controversy over valued group goals, properties, 
     policies, processes, or decisions.
       (B) Evidence of exercise of political influence or 
     authority.--The Commission shall consider that a petitioner 
     has 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 have existed that accomplish the following:
       (i) Allocation of group resources.--Allocate group 
     resources such as land, residence rights, or similar 
     resources on a consistent basis.
       (ii) Settlement of disputes.--Settle disputes between 
     members or subgroups such as clans or moieties by mediation 
     or other means on a regular basis.
       (iii) Influence on behavior of individual members.--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) Economic subsistence activities.--Organize or 
     influence economic subsistence activities among the members, 
     including shared or cooperative labor.
       (C) Temporality of sufficiency of evidence.--A group that 
     has met the requirements of paragraph (2)(C) at any point in 
     time shall be considered to have provided sufficient evidence 
     to meet the criterion described in subparagraph (A) at such 
     point in time.
       (4) 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.
       (5) List of members.--
       (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 such 
     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 petition, such 
     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.--State, Federal, 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 
     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.
       (c) Exceptions.--A petition from an Indian group that is 
     able to demonstrate by a preponderance of the evidence that 
     the group 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 under the Act of June 
     18, 1934 (commonly referred to as the ``Indian Reorganization 
     Act'') (48 Stat. 984 et seq., chapter 576; 25 U.S.C. 461 et 
     seq.);
        (3) group for the benefit of which the United States took 
     into trust lands, or which the Federal Government has treated 
     as having collective rights in tribal lands or funds; or
       (4) group that has been denominated a tribe by an Act of 
     Congress or Executive order,

     shall be required to establish the criteria set forth in this 
     section only with respect to the period beginning on the date 
     of the applicable action described in paragraph (1), (2), 
     (3), or (4) and ending on the date of submission of the 
     petition.
       (d) Deadline for Submission of Petitions.--No Indian group 
     may submit a petition to the Commission requesting that the 
     Commission recognize an Indian group as an Indian tribe after 
     the date that is 6 years after the date of enactment of this 
     Act. After the Commission makes a determination on each 
     petition submitted prior to such date, the Commission may not 
     make any further determination under this Act to recognize 
     any Indian group as an Indian tribe.

     SEC. 6. NOTICE OF RECEIPT OF PETITION.

       (a) Petitioner.--
       (1) In general.--Not later than 30 days after a petition is 
     submitted or transferred to the Commission under section 
     5(a), the Commission shall--
       (A) send an acknowledgement of receipt in writing to the 
     petitioner; and
       (B) publish in the Federal Register a notice of such 
     receipt, including the name, location, and mailing address of 
     the petitioner and such other information that--
       (i) identifies the entity that submitted the petition and 
     the date the petition was received by the Commission;
       (ii) indicates where a copy of the petition may be 
     examined; and
       (iii) indicates whether the petition is a transferred 
     petition that is subject to the special provisions under 
     paragraph (2).
       (2) Special provisions for transferred petitions.--
       (A) In general.--With respect to a petition that is 
     transferred to the Commission under section 5(a)(3), the 
     notice provided to the petitioner, shall, in addition to 
     providing the information specified in paragraph (1), inform 
     the petitioner whether the 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 90 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) Others.--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 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 other parties to 
     submit factual or legal arguments in support of or in 
     opposition to, the petition.
       (B) Copy to petitioner.--A copy of any submission made 
     under subparagraph (A) shall be provided to the petitioner 
     upon receipt by the Commission.
       (C) Response.--The petitioner shall be provided an 
     opportunity to respond to any submission made under 
     subparagraph (A) prior to a determination on the petition by 
     the Commission.

     SEC. 7. PROCESSING THE 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 petition, 
     supporting evidence, and the factual statements contained in 
     the 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 petition and obtaining additional information 
     about the status of the petitioner; and
       (B) consider such evidence as may be submitted by other 
     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 such 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, 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 petition with the Commission 
     [[Page S3288]] (or the Department if the petition is 
     transferred to the Commission pursuant to section 5(a) or is 
     an amended petition submitted pursuant to section 
     6(a)(2)(B)). The Commission shall establish a priority 
     register that includes petitions that are pending before the 
     Department on the date of enactment of this Act.
       (2) Priority consideration.--Each 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 one or 
     more of the requirements set forth in section 5(c) shall 
     receive priority consideration over a 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 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) In general.--Not later than 30 days after the 
     conclusion of a preliminary hearing under subsection (a), the 
     Commission shall make a determination--
       (A) to extend Federal acknowledgment of the petitioner as 
     an Indian tribe to the petitioner; or
       (B) that provides that the petitioner should proceed to an 
     adjudicatory hearing.
       (2) Notice of determination.--The Commission shall publish 
     in the Federal Register a notice of each determination made 
     under paragraph (1).
       (c) Information To Be Provided Preparatory to an 
     Adjudicatory Hearing.--
       (1) In general.--If the Commission makes a determination 
     under subsection (b)(1)(B) that the petitioner should proceed 
     to an adjudicatory hearing, the Commission shall--
       (A)(i) make available appropriate evidentiary records of 
     the Commission to the petitioner to assist the petitioner in 
     preparing for the adjudicatory hearing; and
       (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)(1)(B).
       (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)(1)(B) an adjudicatory hearing. 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 section 554 of title 5, United States 
     Code.
       (b) Testimony From Staff of Commission.--In any hearing 
     held under subsection (a), the Commission may require 
     testimony from the acknowledgement and research staff of the 
     Commission or other witnesses. 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.

     SEC. 10. APPEALS.

       (a) In General.--Not later than 60 days after the date that 
     the Commission publishes a determination 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 an appeal 
     made under subsection (a), the petitioner shall be eligible 
     for an award of reasonable attorney fees and costs under 
     section 504 of title 5, United States Code, or section 2412 
     of title 28 of such Code, whichever is applicable.

     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 such reservation existed 
     prior to the recognition of such Indian group, or as such 
     reservation may exist thereafter;
       (2) any property right held in trust or recognized by the 
     United States for such other Indian tribe as such property 
     existed prior to the recognition of such 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 such other Indian tribe prior to the 
     recognition by the Federal Government of such Indian group as 
     an Indian tribe.

     SEC. 12. IMPLEMENTATION OF DECISIONS.

       (a) Eligibility for Services and Benefits.--
       (1) In general.--Subject to paragraph (2), upon recognition 
     by the Commission of a petitioner as an Indian tribe under 
     this Act, the Indian tribe shall--
       (A) 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; and
       (B) have the responsibilities, obligations, privileges, and 
     immunities of such Indian tribes.
       (2) Programs of the bureau.--
       (A) In general.--The recognition of an Indian group as an 
     Indian tribe by the Commission under this Act shall not 
     create an immediate entitlement to programs of the Bureau in 
     existence on the date of the recognition.
       (B) Availability of programs.--
       (i) In general.--The programs described in subparagraph (A) 
     shall become available to the Indian tribe upon the 
     appropriation of funds.
       (ii) Requests for appropriations.--The Secretary and the 
     Secretary of Health and Human Services shall forward budget 
     requests for funding the programs for the Indian tribe 
     pursuant to the needs determination procedures established 
     under subsection (b).
       (b) Needs Determination and Budget Request.--
       (1) 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.
       (2) 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. 13. ANNUAL REPORT CONCERNING COMMISSION'S ACTIVITIES.

       (a) List of Recognized Tribes.--Not later than 90 days 
     after the first meeting of the Commission, and annually on or 
     before each January 30 thereafter, the Commission shall 
     publish in the Federal Register a list of all Indian tribes 
     that--
       (1) are recognized by the Federal Government; and
       (2) receive services from the Bureau.
       (b) Annual Report.--
       (1) In general.--Beginning on the date that is 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, the Commission shall prepare and submit a report 
     to the Committee on Indian Affairs of the Senate and the 
     Committee on 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 petitions pending at the beginning of the 
     year and the names of the petitioners;
       (B) the number of petitions received during the year and 
     the names of the petitioners;
       (C) the number of petitions the Commission approved for 
     acknowledgment during the year and the names of the 
     acknowledged petitioners;
       (D) the number of petitions the Commission denied for 
     acknowledgment during the year and the names of the 
     petitioners; and
       (E) the status of all pending petitions on the date of the 
     report 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. 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 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.
     [[Page S3289]] SEC. 16. GUIDELINES AND ADVICE.

       (a) Guidelines.--Not later than 90 days after the first 
     meeting of the Commission, the Commission shall make 
     available to Indian groups suggested guidelines for the 
     format of petitions, including general suggestions and 
     guidelines concerning where and how to research information 
     that is required to be included in a 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 such petitioner. The 
     Commission shall not be responsible for conducting research 
     on behalf of the petitioner.

     SEC. 17. 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 
     petitions under this Act; and
       (B) prepare documentation necessary for the submission of a 
     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. 18. AUTHORIZATION OF APPROPRIATIONS.

       (a) Commission.--There are authorized to be appropriated to 
     the Commission to carry out this Act (other than section 
     17)--
       (1) $1,500,000 for fiscal year 1996; and
       (2) $1,500,000 for each of fiscal years 1997 through 2008.
       (b) Secretary of HHS.--To carry out section 17, there are 
     authorized to be appropriated to the Department of Health and 
     Human Services for the Administration for Native Americans 
     $500,000 for each of fiscal years 1996 through 2007.
                                                                    ____

     Section-by-Section Summary of the Indian Federal Recognition 
                 Administrative Procedures Act of 1995

     SECTION 1. SHORT TITLE.

       This section provides that the Act may be cited as the 
     ``Indian Federal Recognition Administrative Procedures Act of 
     1995''.

     SEC. 2. PURPOSES.

       This section provides that the purposes of the Act are: to 
     establish a procedure to extend Federal recognition to Indian 
     groups; to extend to Indian groups that are found to be 
     Indian tribes the protection, services, benefits and 
     privileges and immunities which are available pursuant to the 
     Federal trust responsibility and to those Indian tribes with 
     a government-to-government relationship with the United 
     States; to ensure that a consistent legal, factual and 
     historical basis is utilized to determine when 
     acknowledgement should be extended to an Indian tribe; to 
     establish a Commission on Indian Recognition; to provide 
     clear and consistent standards of administrative review of 
     petitions for acknowledgement; to clarify evidentiary 
     standards and provide adequate resources to process 
     petitions; and to remove the Federal acknowledgement process 
     from the Bureau of Indian Affairs.

     SEC. 3. DEFINITIONS.

       This section provides definitions for the following terms: 
     ``acknowledged'', ``acknowledgement'', ``autonomous'', 
     ``Bureau'', ``Commission'', ``community'', ``continuous or 
     continuously'', ``Department'', ``documented petition'', 
     ``group'', ``historically, historical, history'', ``Indian 
     group'', ``Indian tribe'', ``indigenous'', ``letter of 
     intent'', ``member of an Indian group'', ``member of an 
     Indian tribe'', ``petition'', ``petitioner'', ``political 
     influence or authority'', ``previous federal 
     acknowledgement'', ``restoration'', ``Secretary'', 
     ``sustained contact'', ``treaty'', ``tribe'', ``tribal 
     relations'', ``tribal roll'', and ``United States''.

     SEC. 4. COMMISSION ON INDIAN RECOGNITION.

       Subsection (a) of this section authorizes the establishment 
     of the Commission on Indian Recognition as a three member 
     independent agency of the Executive Branch.
       Subsection (b) provides that Commission members are to be 
     appointed by the President with the advice and consent of the 
     Senate. Indian tribes may make recommendations to the 
     President and the President shall consider individuals with 
     backgrounds in Indian law or policy, anthropology, genealogy 
     or history in making appointments to the Commission. 
     Commissioners will serve for a term of four years, except in 
     the case of the initial commissioners, whose terms shall be 
     staggered. Vacancies in the Commission will be filled in the 
     same manner as original appointments. Commissioners are to be 
     paid at a rate equivalent to level V of the Executive 
     Schedule and are to be reimbursed for all travel and per diem 
     expenses. Commissioners are to be full-time employees of the 
     Federal Government and cannot be otherwise employed by the 
     Federal Government during their service on the Commission. 
     The Chairperson of the Commission is to be designated by the 
     President at the time the Commissioners are nominated.
       Subsection (c) provides that the first meeting of the 
     Commission will occur no later than 30 days after all of the 
     Commissioners have been confirmed by the Senate. Two members 
     of the Commission will constitute a quorum for the conduct of 
     business. The Commission is authorized to adopt any rules 
     necessary to govern its operation, organization and 
     personnel. The principal office of the Commission is required 
     to be in the District of Columbia.
       Subsection (d) requires the Commission to carry out the 
     duties assigned to it and to meet the requirements imposed on 
     it by this Act.
       Subsection (e) authorizes the Chairperson of the Commission 
     to appoint, terminate and fix the compensation of an 
     Executive Director of the Commission and such other personnel 
     as the Chairperson considers advisable to assist in the work 
     of the Commission. The Chairperson is also authorized to 
     procure temporary and intermittent services. In general, the 
     Commission is authorized to hold hearings, take testimony, 
     enter into contracts and take such other actions as the 
     Commission may consider advisable. Any member of the 
     Commission may administer oaths to witnesses appearing before 
     the Commission. The Commission is authorized to secure such 
     information as it may need to carry out this Act from any 
     officer or entity of the Federal Government. Other federal 
     departments and agencies are authorized to provide personnel 
     and facilities or services to the Commission on a 
     nonreimbursable basis. The Commission is also authorized to 
     use the U.S. Mails on the same terms and conditions as other 
     Federal departments and agencies.
       Subsection (f) provides that the Federal Advisory Committee 
     Act does not apply to the Commission.
       Subsection (g) provides that the Commission shall terminate 
     12 years after the date of enactment of this Act.

     SEC. 5. PETITIONS FOR RECOGNITION

       Subsection (a) of this section provides that any Indian 
     group, subject to the exceptions in this section, may submit 
     to the Commission a petition requesting that the Commission 
     recognize the Indian group as an Indian tribe. Indian tribes 
     already recognized by the United States, splinter groups or 
     factions of such Indian tribes, groups which have previously 
     been denied recognition groups which were terminated by an 
     Act of Congress, and groups which have been denied 
     recognition by a Federal court are not eligible to petition 
     the Commission for recognition. Not later than 30 days after 
     all members of the Commission have been confirmed by the 
     Senate, the Secretary is required to transfer to the 
     Commission all petitions pending before the Department of the 
     Interior that are not under active consideration. All 
     authority of the Secretary to recognize or acknowledge an 
     Indian group as an Indian tribe, except for those groups 
     under active consideration, shall cease on the date of 
     transfer to the Commission. All petitions transferred to the 
     Commission shall be considered as having been submitted to 
     the Commission in the same order they were submitted to the 
     Department.
       Subsection (b)(1) provides that a petition must be readable 
     and contain detailed, specific evidence showing that the 
     petitioner has been identified as an American Indian entity 
     on a substantially continuous basis since 1871. The 
     Commission can determine the Indian identity of a group based 
     on any one or more of the following: Identification as an 
     Indian entity by the Federal Government; a relationship of 
     petitioner with a state government or a unit of local 
     government based on the Indian identity of the petitioner; 
     identification as an Indian entity by public or private 
     records, by anthropologists or historians, newspapers, books, 
     other Indian tribes and Indian organizations, or foreign 
     governments.
       Subsection (b)(2) provides that the petition must contain a 
     statement of facts establishing that the membership of the 
     petitioner comprises a distinct community which has existed
      from historical times to the present. The Commission can 
     determine the existence of an Indian community based on 
     one or more of the following items: marriages within the 
     group; social relationships and interaction within the 
     group; shared labor or economic activity; discrimination 
     or other social distinctions by nonmembers; shared ritual 
     activity and cultural patterns; collective Indian identity 
     continuously over a period of more than 50 years; and a 
     demonstration of historical political influence.
       Subsection (b)(2) further provides that the Commission 
     shall find that the petitioner has provided sufficient 
     evidence of a community if the petitioner has provided 
     evidence that demonstrates any one of the following: more 
     than 50% of the members of the group reside in a particular 
     geographic area exclusively composed of members of that group 
     and the remainder of the group maintains consistent social 
     interaction with some members of the community; not less than 
     50% of the marriages of the group are between members of the 
     group; not less than 50% of the members of the group maintain 
     distinct cultural patterns including language, kinship or 
     religious beliefs and practices; and distinct community 
     social institutions encompassing a substantial portion of the 
     members of the group.
       Subsection (b)(3) requires the petition to contain a 
     statement of facts establishing that the petitioner has 
     maintained political influence or authority over its members 
     as an autonomous entity from historical times. The Commission 
     may rely on one or more of 
     [[Page S3290]] the following items to determine if the 
     petitioner is an autonomous entity: the group is capable of 
     mobilizing a significant number of its members and member 
     resources for group purposes; most of the group considers 
     issues acted upon by the group leadership to be of personal 
     importance; there is widespread knowledge and involvement in 
     political processes by most group members; and there are 
     intragroup conflicts which show controversy over valued group 
     goals, properties, policies and processes.
       Subsection (b)(3) also provides that the Commission shall 
     determine that a petitioner has provided sufficient evidence 
     to demonstrate the exercise of political influence or 
     authority by demonstrating that leaders or other mechanisms 
     exist to accomplish the following: allocation of group 
     resources; settlement of disputes between members or 
     subgroups; influence the behavior of individual members; and 
     organize or influence economic activities among the members.
       Subsection (b)(4) provides that the petition must include a 
     copy of the governing document of the petitioner that 
     includes the petitioner's membership criteria or a 
     description of the governing procedures and membership 
     criteria.
       Subsection (b)(5) requires the petition to contain a list 
     of all of the petitioner's current members and a statement 
     describing the methods used to prepare such list. A group's 
     membership must 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. Evidence of tribal membership shall 
     include the following items: descendancy rolls prepared by 
     the Secretary; state, federal or other official records; 
     church, school and similar enrollment records; and affidavits 
     of recognition by tribal elders, leaders or the tribal 
     governing body.
       Subsection (c) provides that a petition from a group that 
     is able to demonstrate by a preponderance of the evidence 
     that the group was or is the successor in interest to a party 
     to a treaty; or a group acknowledged by the Federal 
     Government as eligible to participate in the Indian 
     Reorganization Act; or a group for which the United States 
     holds lands in trust; or a group that has been denominated a 
     tribe by an Act of Congress or an Executive Order shall only 
     have to prove continuity of its existence as an Indian group 
     from the date of such event rather than from the date of 
     1871.
       Subsection (d) provides that no petitions can be submitted 
     to the Commission after the date that is 6 years after the 
     date of enactment of this Act.

     SEC. 6. NOTIFICATION OF RECEIPT OF PETITION.

       Subsection (a) of this section provides that 30 days after 
     a petition is submitted or transferred to the Commission, the 
     Commission shall send a written acknowledgement of receipt to 
     the petitioner and publish a notice of such receipt in the 
     Federal Register. With regard to a petition that is 
     transferred to the Commission from the Secretary, the 
     Commission shall also advise the petitioner whether the 
     petition meets the requirements of Section 5 of this Act and, 
     if necessary, provide the petitioner with 90 days to submit a 
     petition to the Commission which does meet the requirements 
     of Section 5.
       Subsection (b) provides that the Commission shall provide 
     written notification to the Governor, attorney general and 
     each federally recognized Indian tribe located in the state 
     in which the petitioner resides.
       Subsection (c) provides that the Commission shall publish 
     the notice of the receipt of each petition in a major 
     newspaper or general circulation in the town or city located 
     nearest the petitioner. These notices shall include a 
     statement of the opportunity for any interested parties to 
     submit factual or legal arguments in support of or in 
     opposition to the petition. A copy of any such statements 
     shall be made available to the petitioner by the Commission 
     and the petitioner shall be afforded an opportunity to 
     respond to such statements from other parties.

     SEC. 7. PROCESSING THE PETITION.

       Subsection (a) requires the Commission to conduct a review 
     of all documented petitions which it receives. The review 
     shall include consideration of the petition, supporting 
     evidence and the factual statements contained in the 
     petition. The Commission may also initiate other research 
     relative to an analysis of the petition and consider such 
     evidence as may be submitted by other parties. Upon a request 
     by a petitioner, the Library of Congress and the National 
     Archives shall allow the petitioner access to their 
     resources, records and documents to conduct research and 
     prepare evidence concerning the status of the petitioner.
       Subsection (b) provides that petitions shall be considered 
     on a first come, first served basis, determined by the date 
     of the original filing, except for those petitions which meet 
     the requirements of Section 5(c) which shall receive priority 
     consideration.

     SEC. 8. PRELIMINARY HEARING.

       Subsection (a) provides that not later than 60 days after 
     the Commission receives a documented petition, it shall set a 
     date for a preliminary hearing. At the preliminary hearing 
     the petitioner or any other concerned party may provide 
     evidence concerning the status of the petitioner.
       Subsection (b) provides that not later than 30 days after
        the conclusion of a preliminary hearing, the Commission 
     shall either decide to extend Federal acknowledgement to 
     the petitioner or to require the petitioner to proceed to 
     an adjudicatory hearing.
       Subsection (c) provides that if the Commission requires an 
     adjudicatory hearing then it must: make appropriate records 
     of the Commission available to the petitioner and provide 
     such guidance as the Commission considers necessary to assist 
     the petitioner in preparing for the hearing. Not later than 
     30 days after the conclusion of the preliminary hearing, the 
     Commission is required to make available to the petitioner a 
     written list of any deficiencies or omissions the Commission 
     relied upon in the preliminary hearing. The scope of the 
     adjudicatory hearing is limited to the list of deficiencies 
     or omissions and the Commission cannot make any additions to 
     the list after it is issued to the petitioner.

     SEC. 9. ADJUDICATORY HEARING.

       Subsection (a) provides that the adjudicatory hearing shall 
     be held not late than 180 days after the preliminary hearing.
       Subsection (b) provides that the Commission may require 
     testimony from the acknowledgement and research staff of the 
     Commission or from other witnesses. All such testimony shall 
     be subject to cross examination by the petitioner.
       Subsection (c) provides that the petitioner can provide 
     such evidence as the petitioner considers appropriate.
       Subsection (d) provides that not later than 60 days after 
     the conclusion of an adjudicatory hearing the Commission 
     shall make a determination concerning the acknowledgement of 
     the petitioner as an Indian tribe. The determination shall be 
     published in the Federal Register and shall be delivered to 
     the petitioner and every other interested party.

     SEC. 10. APPEALS.

       Subsection (a) provides that not later than 60 days after 
     the publication of a determination by the Commission, the 
     petitioner may appeal the determination to the United States 
     District Court for the District of Columbia.
       Subsection (b) provides that petitioner may be awarded 
     attorney fees and costs if the petitioner prevails on the 
     appeal.

     SEC. 11. EFFECT OF DETERMINATIONS.

       This section provides that a determination by the 
     Commission that a petitioner is recognized by the United 
     States as an Indian tribe will not have the effect of 
     depriving or diminishing: (1) the right of any other Indian 
     tribe to govern its reservation as such reservation existed 
     prior to the recognition of the Indian group; (2) any 
     property right held in trust by the: United States for such 
     other Indian tribe as such property existed prior to the 
     recognition of such 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 such 
     other Indian tribe prior to the recognition of the Indian 
     group.

     SEC. 12. IMPLEMENTATION OF DECISIONS.

       Subsection (a) provides that upon recognition by the 
     Commission of an Indian group as an Indian tribe, the Indian 
     tribe shall be eligible for the benefits and services made 
     available to Indian tribes by the Federal Government because 
     of their status as Indian tribes with a government-to-
     government relationship with the United States. Newly 
     recognized Indian tribes shall also have the 
     responsibilities, obligations, privileges and immunities of 
     such Indian tribes. The programs, services and benefits 
     available to Indian tribes shall only become available to a 
     newly recognized tribe upon the appropriation of funds.
       Subsection (b) provides that not later than 180 days after 
     an Indian group is recognized by the Commission, officials of 
     the BIA and IHS shall consult with and develop in cooperation 
     with the Indian tribe a determination of the needs of the 
     Indian tribe and a recommended budget required to serve the 
     tribe. The appropriate Secretary will forward the recommended 
     budget to the President for inclusion in the President's 
     annual budget request to the Congress.

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

       Subsection (a) provides that 90 days after the first 
     meeting of the Commission and annually thereafter the 
     Commission shall publish in the Federal Register a list of 
     all Indian tribes that are recognized by the Federal 
     Government and receive services from the BIA.
       Subsection (b) provides that the Commission shall submit an 
     annual report on its activities to the Congress prior to 
     January 30 of each year. Each such report shall contain the 
     number of petitions pending and the names of the petitioners; 
     the number of petitions approved or denied during the year 
     and the names of the petitioners and the status of all 
     petitions pending on the date of the report.

     SEC. 14. ACTIONS BY PETITIONERS FOR ENFORCEMENT.

       This section authorizes any petitioner to bring an action 
     in the Federal courts to enforce the provisions of the Act, 
     including any time limitations within which actions are 
     required to be taken.

     SEC. 15. REGULATIONS.

       This section authorizes the Commission to promulgate and 
     publish regulations to carry out the Act.
     [[Page S3291]] SEC. 16. GUIDELINES AND ADVICE.

       Subsection (a) provides that not later than 90 days after 
     the first meeting of the Commission, the Commission shall 
     make available to Indian groups suggested guidelines for the 
     format of petitions.
       Subsection (b) provides that the Commission may provide any 
     petitioner with suggestions and advice with respect to 
     research concerning the historical background and Indian 
     identity of the petitioner.

     SEC. 17. ASSISTANCE TO PETITIONERS.

       Subsection (a) authorizes the Secretary of the Department 
     of Health and Human Services to award grants to Indian groups 
     seeking recognition as Indian tribes to enable such groups to 
     conduct research and prepare the documentation necessary to 
     submit a petition under this Act.
       Subsection (b) provides that grants shall be awarded 
     competitively on the basis of objective criteria prescribed 
     in regulations which are published by the Secretary of HHS.

     SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

       Subsection (a) authorizes $1.5 million to be appropriated 
     to the Commission to carry out this Act for each fiscal year 
     from 1996 through 2008.
       Subsection (b) authorizes $500,000 to be appropriated to 
     HHS for the fiscal years 1996 through 2007 to carry out the 
     grant program authorized in Section 17 of this Act.
     

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