[Congressional Record Volume 145, Number 40 (Monday, March 15, 1999)]
[Senate]
[Pages S2658-S2665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 611. 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.


        Indian Federal Recognition Administrative Procedures Act

  Mr. CAMPBELL. Mr. President, just as it recognizes foreign 
governments, the United States is called upon to consider extending its 
recognition to Indian tribal governments here at home.
  From the first days of the republic, the Congress has acted to 
recognize the unique legal and political relationship the United States 
has with the Indian tribes. Reforming the process of recognition is the 
goal of the legislation I am introducing today.
  Just as the United States at times refuses to recognize foreign 
governments, there are and always have been tribal governments which 
have not been recognized by the Federal government. This lack of 
recognition does not alter the ``Indian-ness'' of a tribe's members; 
rather it merely means that there is no formal political relationship 
between that tribal group and the United States.
  Federal recognition is critical to tribal groups because it triggers 
eligibility for services and benefits provided by the United States 
because of their status as members of federally recognized Indian 
tribes.
  I want to be clear--I am not advocating for the approval of every 
petition for recognition, and I am not proposing that the petitions 
receive a limited or cursory review. I am concerned with the viability 
of the current recognition process and am interested in seeing 
fairness, promptness, and finality brought into that process while 
providing basic assurances to already-recognized tribes regarding their 
inherent rights.
  Federal recognition can be accomplished in two ways: through the 
enactment of federal legislation; or through the administrative process 
that occurs, or more accurately does not occur, within the Bureau of 
Indian Affairs (BIA).

[[Page S2660]]

  Over the years, uncertainty has developed over just how or when the 
Bureau would process tribal group applications for recognition. In 
short, the current process is not getting the job done.
  The process in the Department of the Interior is time consuming and 
costly, although it has improved from its original state. Some tribal 
groups allege that the 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 amount of time some tribal groups have had to wait before their 
petitions are acted on in some cases is outrageous. Sometimes these 
applications for recognition are pending literally for decades. The 
concerns expressed go beyond the delays I mentioned and involve the 
viability of the current recognition process itself.
  As with any decision-making body, fairness and timeliness are the 
keys to maintaining a credible system which holds the confidence of 
affected parties. I believe that it is in the interests of all parties 
to have a clear deadline for the completion of the recognition process.

  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 to date, tribal groups have filed hundreds of 
petitions for review. Of those, 42 have been resolved, and 179 are new 
petitioners; During this same time, 89 expressed letters of intent to 
petition, and 5 required legislative authority to proceed which are now 
deemed inactive.
  The remainder are in various stages of consideration by the 
Department either ready for active status or are already placed on 
active status. During this same time to date, the Congress has 
recognized 7 other tribal groups through legislation.
  In the last twenty years, 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. At a Committee on Indian Affairs hearing in 1995, the Bureau 
testified that at the current rate of review and consideration, it 
would take several decades to eliminate the entire backlog of tribal 
petitions. The record from numerous previous hearings reveals a clear 
need for the Congress to address the problems affecting the recognition 
process.
  The bill I am introducing today will go a long way toward resolving 
the problems which have plagued both the Department of the Interior and 
tribal petitioners over the years.
  This bill, the Indian Federal Recognition Administrative Procedures 
Act of 1999, provides the required clarification and changes that will 
help tribal petitioners and the United States in providing fair and 
orderly administrative procedures to extend Federal recognition to 
eligible Indian groups. The key element of this bill is that it removes 
the recognition process from the BIA and places it in a temporary and 
independent ``Commission on Indian Recognition.''
  This bill provides that the Commission will be an independent agency, 
composed of three members appointed by the President, and authorized to 
hold hearings, take testimony and reach final determinations on 
petitions for recognition.
  The bill provides strict but realistic time-lines to guide the 
Commission in the review and decision making process. Under the 
existing process in the Bureau of Indian Affairs, some petitioners have 
waited ten 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 acknowledgment to the petitioner or 
to require the petitioner to proceed to an adjudicatory hearing.
  The current recognition process becomes so expensive that the 
consideration of petitions are stretched out over a number of years 
because there have been no real deadlines for these decisions.
  This bill will allow for a cost-effective process for the BIA and the 
petitioners, will provide definite time-lines for the administrative 
recognition process, and ``sunsets'' the Commission in 12 years.
  To ensure fairness, the bill provides for appeals of adverse 
decisions to the federal district court here in the District of 
Columbia.
  To ensure promptness, the bill authorizes adequate funding for the 
costs of processing petitions through the Commission.
  The bill also provides finality for both the petitioners and the 
Department by requiring all interested tribal groups to file their 
petitions within 6 years after the date of enactment and requiring the 
Commission to complete its work within 12 years from enactment.
  Mr. President, I ask unanimous consent that a copy of the bill be 
printed in the Record, and urge my colleagues to join me in enacting 
this much-needed reform legislation.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 611

       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 1999''.

     SEC. 2. PURPOSES.

       The purposes of this Act are as follows:
       (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.
       (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.

       In this Act:
       (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 that 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) Alaska native.--The term ``Alaska Native'' means an 
     individual who is an Alaskan Indian, Eskimo, or Aleut, or any 
     combination thereof.
       (4) 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, that 
     term shall be understood in the context of the history, 
     geography, culture, and social organization of the 
     petitioner.
       (5) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs of the Department.
       (6) Commission.--The term ``Commission'' means the 
     Commission on Indian Recognition established under section 4.
       (7) Community.--
       (A) In general.--The term ``community'' means any group of 
     people, living within a reasonable territorial that is able 
     to demonstrate that--

[[Page S2661]]

       (i) consistent interactions and significant social 
     relationships exist within the membership; and
       (ii) the members of that group are differentiated from and 
     identified as distinct from nonmembers.
       (B) Context of term.--The 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.
       (8) 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.
       (9) Department.--The term ``Department'' means the 
     Department of the Interior.
       (10) Documented petition.--The term ``documented petition'' 
     means the detailed, factual exposition and arguments, 
     including all documentary evidence, necessary to demonstrate 
     that those arguments specifically address the mandatory 
     criteria established in section 5.
       (11) Group.--The term ``group'' means an Indian group, as 
     defined in paragraph (13).
       (12) Historically, historical, history.--The terms 
     ``historically'', ``historical'', and ``history'' refer to 
     the period dating from the first sustained contact with Euro-
     Americans.
       (13) Indian group.--The term ``Indian group'' means any 
     Indian or Alaska Native band, pueblo, village or community 
     within the United States that the Secretary does not 
     acknowledge to be an Indian tribe.
       (14) Indian tribe.--The term ``Indian tribe'' means any 
     Indian or Alaska Native 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.
       (15) 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.
       (16) 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.
       (17) 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 that 
     group.
       (18) 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 
     those 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 those rolls are kept.
       (19) Petition.--The term ``petition'' means a petition for 
     acknowledgment submitted or transferred to the Commission 
     pursuant to section 5.
       (20) Petitioner.--The term ``petitioner'' means any group 
     that submits a letter of intent to the Commission requesting 
     acknowledgment.
       (21) Political influence or authority.--
       (A) In general.--The term ``political influence or 
     authority'' means a tribal council, leadership, internal 
     process, or other mechanism that 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.
       (B) Context of term.--The term shall be understood in the 
     context of the history, culture, and social organization of 
     the group.
       (22) 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.
       (23) 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 that status.
       (24) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (25) 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.
       (26) 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.
       (27) Tribe.--The term ``tribe'' means an Indian tribe.
       (28) Tribal relations.--The term ``tribal relations'' means 
     participation by an individual in a political and social 
     relationship with an Indian tribe.
       (29) 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 
     those 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.
       (30) United states.--The term ``United States'' means the 
     48 contiguous States, and the States of Alaska and Hawaii. 
     The 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 that term. A member may serve after the 
     expiration of the term of that member until a successor has 
     taken office.
       (5) Compensation.--
       (A) In general.--Each member of the Commission shall 
     receive compensation at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code, for each day, including traveltime, that 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

[[Page S2662]]

     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 that title, or of any other provision of 
     law, relating to the number, classification, and General 
     Schedule rates) of an Executive Director of the Commission 
     and of such other personnel as the Chairperson considers 
     advisable to assist in the performance of the duties of the 
     Commission, at a rate not to exceed a rate equal to the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of title 
     5, United States Code; and
       (B) procure, as authorized by section 3109(b) of title 5, 
     United States Code, temporary and intermittent services to 
     the same extent as is authorized by law for agencies in the 
     executive branch, but at rates not to exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of that 
     title.
       (2) General powers and authorities of commission.--
       (A) In general.--The Commission may hold such hearings and 
     sit and act at such times as the Commission considers to be 
     appropriate.
       (B) Other authorities.--As the Commission may consider 
     advisable, the Commission may--
       (i) take testimony;
       (ii) have printing and binding done;
       (iii) enter into contracts and other arrangements, subject 
     to the availability of funds;
       (iv) make expenditures; and
       (v) take other actions.
       (C) 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 that 
     department, agency, or instrumentality available to the 
     Commission; and
       (ii) detail any of the personnel of that department, 
     agency, or instrumentality to the Commission, on a 
     nonreimbursable basis.
       (C) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (f) Federal Advisory Committee Act.--The provisions of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.
       (g) Termination of Commission.--The Commission shall 
     terminate on the date that is 12 years after the date of 
     enactment of this Act.

     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 that 
     separation, is recognized as an Indian tribe by the 
     Secretary, unless the group, faction, or community is able to 
     establish clearly that the group, faction, or community has 
     functioned throughout history until the date of that petition 
     as an autonomous Indian tribal entity.
       (C) Certain groups that have previously submitted 
     petitions.--Groups, or successors in interest of groups, that 
     before the date of enactment of this Act, have petitioned for 
     and been denied or refused recognition 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 that 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 that court 
     which, if made by the Commission, would show that the group 
     was incapable of establishing 1 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 by 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 those 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 1 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

[[Page S2663]]

     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 that 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 1 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 1 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 consider issues acted upon or taken by group 
     leaders or governing bodies to be of personal importance.
       (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 that 
     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 
     those lists.
       (B) Requirements for membership.--In order for the 
     Commission to consider the members of the group to be members 
     of an Indian tribe for the purposes of the petition, that 
     membership shall be required to consist of established 
     descendancy from an Indian group that existed historically, 
     or from historical Indian groups that combined and functioned 
     as a single autonomous entity.
       (C) Evidence of tribal membership.--Evidence of tribal 
     membership required by the Commission for a determination of 
     tribal membership shall include the following items:
       (i) Descendancy rolls.--Descendancy rolls prepared by the 
     Secretary for the petitioner for purposes of distributing 
     claims money, providing allotments, or other purposes.
       (ii) Certain official records.--Federal, State, or other 
     official records or evidence identifying then present members 
     of the petitioner, or ancestors of then present members of 
     the petitioner, as being descendants of a historic tribe or 
     historic tribes that combined and functioned as a single 
     autonomous political entity.
       (iii) Enrollment records.--Church, school, and other 
     similar enrollment records identifying then present members 
     or ancestors of then present members as being descendants of 
     a historic tribe or historic tribes that combined and 
     functioned as a single autonomous political entity.
       (iv) Affidavits of recognition.--Affidavits of recognition 
     by tribal elders, leaders, or the tribal governing body 
     identifying then present members or ancestors of then present 
     members as being descendants of 1 or more historic tribes 
     that combined and functioned as a single autonomous political 
     entity.
       (v) Other records or evidence.--Other records or evidence 
     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 8 years after the date of enactment of this 
     Act. After the Commission makes a determination on each 
     petition submitted before that 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

[[Page S2664]]

     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 that 
     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) before 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 those entities, for the purpose of conducting 
     research and preparing evidence concerning the status of the 
     petitioner.
       (b) Consideration.--
       (1) In general.--Except as otherwise provided in this 
     subsection, 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 (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 1 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, United States 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 that reservation existed 
     before the recognition of that Indian group, or as that 
     reservation may exist thereafter;
       (2) any property right held in trust or recognized by the 
     United States for that other Indian tribe as that property 
     existed before the recognition of that Indian group; or
       (3) any previously or independently existing claim by a 
     petitioner to any such property right held in trust by the 
     United States for that other Indian tribe before the 
     recognition by the Federal Government of that 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

[[Page S2665]]

     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 those 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 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.

     SEC. 16. GUIDELINES AND ADVICE.

       (a) Guidelines.--Not later than 90 days after the date of 
     enactment of this Act, 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 that 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) 
     such sums as are necessary for each of fiscal years 2001 
     through 2009.
       (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 
     such sums as are necessary for each of fiscal years 2001 
     through 2009.
                                 ______