[Congressional Record Volume 147, Number 31 (Friday, March 9, 2001)]
[Senate]
[Pages S2121-S2126]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself, Mr. Inouye, and Mr. Bingaman):
  S. 504. A bill for administrative procedures to extend Federal 
recognition to certain Indian groups, and for other purposes; to the 
Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, I am pleased to be joined by Senators 
Inouye and Bingaman in introducing the Indian Tribal Federal 
Recognition Administrative Procedures Act of 2001. 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 Federal recognition is the purpose of 
the legislation I am introducing today.
  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 may 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 Branch of 
Acknowledgement and Research, BAR.
  Over the years, the length of time the Bureau has taken to process 
certain petitions and the process for which applications for 
recognition are considered has increased. At a hearing on similar 
legislation in 2000, one group testified that its petition has been 
pending since 1970!
  The process in the Department of the Interior is time consuming and 
costly, although it has improved from its original state. It has 
frequently been hindered by a lack of staff and resources which are 
needed to fairly and promptly review all petitions.
  The cases on active consideration, including those with proposed 
findings, have been in the process for anywhere from 2 to 9 years.
  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 of Interior.
  Since that time tribal groups have filed 250 letters of intent and 
petitions for review and consideration. Of those, 51 have been 
resolved, 34 by the BAR.
  The remainder are in various stages of consideration by the 
Department either ready for active status or are already placed on 
active status.
  In the last twenty years, the Committee on Indian Affairs has held 
several oversight hearings on the Federal recognition process. At those 
hearings the record clearly showed that the process does not work. 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 Tribal Federal Recognition Administrative 
Procedures Act of 2001, 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 principal purpose is to 
remove the Federal acknowledgment process from the BAR and transfer the 
responsibility for the process to a temporary and independent 
Commission on Indian Tribal 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, some petitioners have waited ten years or more for 
even a cursory review of their petition.
  This bill will allow for a cost-effective process for the BIA and the 
petitioners, it 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 that the views and comments of all affected parties are 
considered, the bills directs the Commission to consider evidence and 
materials submitted by states, local communities, and State attorneys 
general.
  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 with 8 years after the date of enactment and requiring the 
Commission to complete to work within 12 years from enactment.
  Mr. President, I ask unanimous consent that the text 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. 504

       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 Tribal Federal 
     Recognition Administrative Procedures Act of 2001''.

     SEC. 2. PURPOSES.

       The purposes of this Act are as follows:
       (1) 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 Tribal 
     Recognition.
       (2) To establish a Commission on Indian Tribal Recognition 
     to review and act upon documented petitions submitted by 
     Indian groups that apply for Federal recognition.

[[Page S2122]]

       (3) To establish an administrative procedure under which 
     petitions for Federal recognition filed by Indian groups will 
     be considered.
       (4) To provide clear and consistent standards of 
     administrative review of documented petitions for Federal 
     acknowledgment.
       (5) To clarify evidentiary standards and expedite the 
     administrative review process by providing adequate resources 
     to process documented petitions.
       (6) To ensure that when the Federal Government extends 
     acknowledgment to an Indian tribe, the Federal Government 
     does so with a consistent legal, factual, and historical 
     basis.
       (7) 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.
       (8) 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.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Acknowledgment.--The term ``acknowledgment'' means a 
     determination by the Commission on Indian Tribal Recognition 
     that an Indian group constitutes an Indian tribe with a 
     government-to-government relationship with the United States.
       (2) Autonomous.--
       (A) In general.--The term ``autonomous'' means the exercise 
     of political influence or authority independent of the 
     control of any other Indian governing entity.
       (B) Context of term.--With respect to a petitioner, the 
     term shall be understood in the context of the history, 
     geography, culture, and social organization of the 
     petitioner.
       (3) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs of the Department.
       (4) Commission.--The term ``Commission'' means the 
     Commission on Indian Tribal Recognition established under 
     section 4.
       (5) Community.--
       (A) In general.--The term ``community'' means any group of 
     people, living within a reasonable territory, that is able to 
     demonstrate that--
       (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.
       (6) Continuous or continuously.--With respect to a period 
     of history of a group, the term ``continuous'' or 
     ``continuously'' means extending from 1900 throughout the 
     history of the group to the present substantially without 
     interruption.
       (7) Department.--The term ``Department'' means the 
     Department of the Interior.
       (8) Documented petition.--The term ``documented petition'' 
     means the detailed, factual exposition and arguments, 
     including all documentary evidence, necessary to demonstrate 
     that those arguments specifically address the mandatory 
     criteria established in section 5.
       (9) Historically, historical, history.--The terms 
     ``historically'', ``historical'', and ``history'' refer to 
     the period dating from 1900.
       (10) Indian group.--The term ``Indian group'' means any 
     Indian band, pueblo, village, or community that is not 
     acknowledged to be an Indian tribe.
       (11) Interested parties.--The term ``interested parties'' 
     means any person, organization, or other entity who can 
     establish a legal, factual, or property interest in an 
     acknowledgement determination and who requests an opportunity 
     to submit comments or evidence or to be kept informed of 
     Federal actions regarding a specific petitioner. The term 
     includes the government and attorney general of the State in 
     which a petitioner is located, and may include, but is not 
     limited to, local governmental units, and any recognized 
     Indian tribes and unrecognized Indian groups that might be 
     affected by an acknowledgement determination.
       (12) Letter of intent.--The term ``letter of intent'' means 
     an undocumented letter or resolution that--
       (A) is dated and signed by the governing body of an Indian 
     group;
       (B) is submitted to the Commission; and
       (C) indicates the intent of the Indian group to submit a 
     documented petition for Federal acknowledgment.
       (13) Petitioner.--The term ``petitioner'' means any group 
     that submits a letter of intent to the Commission requesting 
     acknowledgment.
       (14) 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.
       (15) 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 administrative 
     action by the Executive Branch or legislation enacted by 
     Congress expressly terminating that status.
       (16) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (17) 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 or 
     the colonial government which was the predecessor to the 
     United States 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.
       (18) 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.

     SEC. 4. COMMISSION ON INDIAN TRIBAL RECOGNITION.

       (a) Establishment.--There is established the Commission on 
     Indian Tribal 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 groups and Indian 
     tribes; and
       (ii) individuals who have a background or who have 
     demonstrated expertise and experience in Indian law or 
     policy, anthropology, genealogy, or Native American history.
       (C) Background information.--No individual shall be 
     eligible for any appointment to, or continue service on the 
     Commission, who--
       (i) has been convicted of a felony; or
       (ii) has any financial interest in, or management 
     responsibility for, any Indian group.
       (2) Political affiliation.--Not more than 2 members of the 
     Commission may be members of the same political party.
       (3) Terms.--Each member of the Commission shall be 
     appointed for a term of 6 years.
       (4) Vacancies.--Any vacancy in the Commission shall not 
     affect the powers of the Commission, but shall be filled in 
     the same manner in which the original appointment was made. 
     Any member appointed to fill a vacancy occurring before the 
     expiration of the term for which the predecessor of the 
     member was appointed shall be appointed only for the 
     remainder of that term. A member may serve after the 
     expiration of the term of that member until a successor has 
     taken office.
       (5) Compensation.--
       (A) In general.--Each member of the Commission shall 
     receive compensation at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code, for each day, including traveltime, that the 
     member is engaged in the actual performance of duties 
     authorized by the Commission.
       (B) Travel.--All members of the Commission shall be 
     reimbursed for travel and per diem in lieu of subsistence 
     expenses during the performance of duties of the Commission 
     while away from their homes or regular places of business, in 
     accordance with subchapter I of chapter 57 of title 5, United 
     States Code.
       (6) Full-time employment.--Each member of the Commission 
     shall serve on the Commission as a full-time employee of the 
     Federal Government. No member of the Commission may, while 
     serving on the Commission, be otherwise employed as an 
     officer or employee of the Federal Government. Service by a 
     member who is an employee of the Federal Government at the 
     time of nomination as a member shall be without interruption 
     or loss of civil service status or privilege.
       (7) Chairperson.--At the time appointments are made under 
     paragraph (1), the President shall designate a Chairperson of 
     the Commission (referred to in this section as the 
     ``Chairperson'') from among the appointees.
       (c) Meetings and Procedures.--
       (1) In general.--The Commission shall hold its first 
     meeting not later than 30 days after the date on which all 
     members of the

[[Page S2123]]

     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 the 
     first meeting of the Commission.
       (h) Appointments.--Notwithstanding any other provision of 
     this Act, the Secretary shall continue to exercise those 
     authorities vested in the Secretary relating to supervision 
     of Indian recognition regulated under part 83 of title 25 of 
     the Code of Federal Regulations until such time as the 
     Commission is organized and prescribes regulations. The 
     Secretary shall provide staff and support assistance to 
     facilitate an orderly transition to regulation of Indian 
     recognition by the Commission.

     SEC. 5. DOCUMENTED PETITIONS FOR RECOGNITION.

       (a) In General.--
       (1) Letters of intent and documented petitions.--Subject to 
     subsection (d) and except as provided in paragraph (3), any 
     Indian group may submit to the Commission letters of intent 
     and a documented petition requesting that the Commission 
     recognize the group as an Indian tribe.
       (2) Hearing.--
       (A) In general.--Indian groups that have been denied or 
     refused recognition as an Indian tribe under regulations 
     prescribed by the Secretary shall be entitled to an 
     adjudicatory hearing under section 9 before the Commission, 
     if the Commission determines that the criteria established by 
     this Act changes the merits of the Indian group's documented 
     petition submitted to the Department.
       (B) Hearing record.--For purposes of subparagraph (A), the 
     Commission shall review the administrative record containing 
     the documented petition that formed the basis of the 
     determination to the Indian group by the Secretary.
       (C) Treatment of secretary's final determination.--For 
     purposes of the adjudicatory hearing, the Secretary's final 
     determination shall be considered a preliminary determination 
     under section 8(b)(1)(B).
       (D) Official government actions to be considered concerning 
     evidence of criteria.--A statement and an analysis of facts 
     submitted under this section may establish that, for any 
     given period of time for which evidence of criteria is 
     lacking, such absence of evidence corresponds in time with 
     official acts of the Federal or relevant State Government 
     which prohibited or penalized the expression of Indian 
     identity. For such periods of time, the absence of evidence 
     shall not be the basis for declining to acknowledge the 
     petitioner.
       (3) Exclusion.--The following groups and entities shall not 
     be eligible to submit a documented petition for recognition 
     by the Commission under this Act:
       (A) 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 the 
     documented petition as an autonomous Indian tribal entity.
       (C) Certain groups that have previously submitted 
     documented petitions.--Groups, or successors in interest of 
     groups, that before the date of enactment of this Act, have 
     petitioned for and been denied or refused recognition based 
     on the merits of their petition as an Indian tribe under 
     regulations prescribed by the Secretary (other than an Indian 
     group described in paragraph (2)(A)). Nothing in this 
     subparagraph shall be construed as excluding any group that 
     Congress has identified as Indian, but has not identified as 
     an Indian tribe.
       (D) Indian groups subject to termination.--Any Indian group 
     whose relationship with the Federal Government was expressly 
     terminated by an Act of Congress.
       (4) Transfer of documented 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 documented petitions and 
     letters of intent pending before the Department that request 
     the Secretary to recognize or acknowledge an Indian group as 
     an Indian tribe.
       (B) Cessation of certain authorities of secretary.--
     Notwithstanding any other provision of law, on the date of 
     the transfer under subparagraph (A), the Secretary and the 
     Department shall cease to have any authority to recognize or 
     acknowledge, on behalf of the Federal Government, any Indian 
     group as an Indian tribe.
       (C) Determination of order of submission of transferred 
     documented petitions.--Documented petitions transferred to 
     the Commission under subparagraph (A) shall, for purposes of 
     this Act, be considered as having been submitted to the 
     Commission in the same order as those documented petitions 
     were submitted to the Department.
       (b) Documented Petition Form and Content.--Except as 
     provided in subsection (c), any documented petition submitted 
     under subsection (a) by an Indian group shall be in any 
     readable form that clearly indicates that the documented 
     petition is a documented petition requesting the Commission 
     to recognize the Indian group as an Indian tribe and that 
     contains detailed, specific evidence concerning each of the 
     following items:
       (1) Statement of facts.--A statement of facts and an 
     analysis of such facts establishing that the petitioner has 
     been identified as an American Indian entity on a 
     substantially continuous basis since 1900. 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.

[[Page S2124]]

       (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 and an analysis of 
     such 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 criteria 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 criteria set 
     forth in paragraph (3).
       (x) Extended kinship ties.--Not less than 50 percent of the 
     tribal members exhibit collateral kinship ties through 
     generations to the third degree.
       (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 \1/3\ 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 50 percent 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 and an analysis of 
     such 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 
     documented 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 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.
       (vi) Continuous line of group leaders.--A continuous line 
     of group leaders with a description of the means of selection 
     or acquiescence by a majority of the group's members.
       (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 lineages 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 documented 
     petition, that membership shall be required to consist of 
     established descendancy from an Indian group that existed 
     historically, or from historical Indian groups that combined 
     and functioned as a single autonomous entity.
       (C) Evidence of tribal membership.--Evidence of tribal 
     membership required by the Commission for a determination of 
     tribal membership shall include the following items:
       (i) Descendancy rolls.--Descendancy rolls prepared by the 
     Secretary for the petitioner for purposes of distributing 
     claims money, providing allotments, or other purposes.
       (ii) Certain official records.--Federal, State, or other 
     official records or evidence identifying then present members 
     of the petitioner, or ancestors of then present members of 
     the petitioner, as being descendants of a historic tribe or 
     historic tribes that combined and functioned as a single 
     autonomous political entity.
       (iii) Enrollment records.--Church, school, and other 
     similar enrollment records identifying then present members 
     or ancestors of then present members as being descendants of 
     a historic tribe or historic tribes that combined and 
     functioned as a single autonomous political entity.
       (iv) Affidavits of recognition.--Affidavits of recognition 
     by tribal elders, leaders, or the tribal governing body 
     identifying then present members or ancestors of then present 
     members as being descendants of 1 or more historic tribes 
     that combined and functioned as a single autonomous political 
     entity.
       (v) Other records or evidence.--Other records or evidence 
     based upon firsthand experience of historians, 
     anthropologists, and genealogists with established expertise 
     on the petitioner or Indian entities in general,

[[Page S2125]]

     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 documented 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 
     documented petition.
       (d) Deadline for Submission.--
       (1) Documented Petitions.--No Indian group may submit a 
     documented petition to the Commission after 8 years after the 
     date of the first meeting of the Commission.
       (2) Letters of intent.--In the case of a letter of intent, 
     the Commission shall publish in the Federal Register a notice 
     of such receipt, including the name, location, and mailing 
     address of the petitioner. A petitioner who has submitted a 
     letter of intent or had a letter of intent transferred to the 
     Commission under section 5 shall be required to submit a 
     documented petition within 3 years after the date of the 
     first meeting of the Commission to the Commission. No letters 
     of intent will be accepted by the Commission after 3 years 
     after the date of the first meeting of the Commission.

     SEC. 6. NOTICE OF RECEIPT OF DOCUMENTED PETITION.

       (a) Petitioner.--
       (1) In general.--Not later than 30 days after a documented 
     petition is submitted or transferred to the Commission under 
     section 5(a), the Commission shall--
       (A) send an 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 documented 
     petition and the date the documented petition was received by 
     the Commission;
       (ii) indicates where a copy of the documented petition may 
     be examined; and
       (iii) indicates whether the documented petition is a 
     transferred documented petition that is subject to the 
     special provisions under paragraph (2).
       (2) Special provisions for transferred documented 
     petitions.--
       (A) In general.--With respect to a documented petition that 
     is transferred to the Commission under section 5(a)(4), the 
     notice provided to the petitioner, shall, in addition to 
     providing the information specified in paragraph (1), inform 
     the petitioner whether the documented petition constitutes a 
     documented petition that meets the requirements of section 5.
       (B) Amended petitions.--If the petition described in 
     subparagraph (A) is not a documented petition, the Commission 
     shall notify the petitioner that the petitioner may, not 
     later than 120 days after the date of the notice, submit to 
     the Commission an amended petition that is a documented 
     petition for review under section 7.
       (C) Effect of amended petition.--To the extent practicable, 
     the submission of an amended petition by a petitioner by the 
     date specified in this paragraph shall not affect the order 
     of consideration of the petition by the Commission.
       (b) 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 documented petition (including any amended 
     petition submitted pursuant to subsection (a)(2)) in a major 
     newspaper of general circulation in the town or city located 
     nearest the location of the petitioner.
       (2) Opportunity for supporting or opposing submissions.--
       (A) In general.--Each notice published under paragraph (1) 
     shall include, in addition to the information described in 
     subsection (a), notice of opportunity for other parties 
     involved with the petitioners to submit factual or legal 
     arguments in support of, or in opposition to, the documented 
     petition.
       (B) Copy to petitioner.--A copy of any submission made 
     under subparagraph (A) shall be provided to the petitioner 
     within 90 days upon receipt by the Commission.
       (C) Response.--The petitioner shall be provided an 
     opportunity to respond within 90 days to any submission made 
     under subparagraph (A) before a determination on the 
     documented petition by the Commission.

     SEC. 7. PROCESSING THE DOCUMENTED PETITION.

       (a) Review.--
       (1) In general.--Upon receipt of a documented petition 
     submitted or transferred under section 5(a) or submitted 
     under section 6(a)(2)(B), the Commission shall conduct a 
     review to determine whether the petitioner is entitled to be 
     recognized as an Indian tribe.
       (2) Content of review.--The review conducted under 
     paragraph (1) shall include consideration of the documented 
     petition, supporting evidence, and the factual statements 
     contained in the documented petition.
       (3) Other research.--In conducting a review under this 
     subsection, the Commission may--
       (A) initiate other research for any purpose relative to 
     analyzing the documented petition and obtaining additional 
     information about the status of the petitioner; and
       (B) consider such evidence as may be submitted by 
     interested parties.
       (4) Access to library of congress and national archives.--
     Upon request by the petitioner, the appropriate officials of 
     the Library of Congress and the National Archives shall allow 
     access by the petitioner to the resources, records, and 
     documents of those entities, for the purpose of conducting 
     research and preparing evidence concerning the status of the 
     petitioner.
       (b) Consideration.--
       (1) In general.--Except as otherwise provided in this 
     subsection, documented petitions submitted or transferred to 
     the Commission shall be considered on a first come, first 
     served basis, determined by the date of the original filing 
     of each such documented petition with the Commission (or the 
     Department if the documented petition is transferred to the 
     Commission pursuant to section 5(a)(4) or is an amended 
     petition submitted pursuant to section 6(a)(2)(B)). The 
     Commission shall establish a priority register that includes 
     documented petitions that are pending before the Department 
     as of the date of the first meeting of the Commission.
       (2) Priority consideration.--Each documented petition (that 
     is submitted or transferred to the Commission pursuant to 
     section 5(a) or that is submitted to the Commission pursuant 
     to section 6(a)(2)(B)) of an Indian group that meets 1 or 
     more of the requirements set forth in section 5(c) shall 
     receive priority consideration over a documented petition 
     submitted by any other Indian group.

     SEC. 8. PRELIMINARY HEARING.

       (a) In General.--Not later than 60 days after the receipt 
     of a documented petition by the Commission submitted or 
     transferred under section 5(a) or submitted to the Commission 
     pursuant to section 6(a)(2)(B), the Commission shall set a 
     date for a preliminary hearing, which shall in no instance be 
     held later than 180 days after receipt of the documented 
     petition. At the preliminary hearing, the petitioner and any 
     other interested 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 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) not later than 30 days after the date of such 
     determination, 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 sections 554, 556, and 557 of title 5, 
     United States Code.
       (b) Testimony From Staff of Commission.--In any hearing 
     held under subsection (a), the Commission shall require 
     testimony from the acknowledgement and research

[[Page S2126]]

     staff of the Commission or other witnesses involved in the 
     preliminary determination. Any such testimony shall be 
     subject to cross-examination by the petitioner.
       (c) Evidence by Petitioner.--In any hearing held under 
     subsection (a), the petitioner may provide such evidence as 
     the petitioner considers appropriate.
       (d) Determination by Commission.--Not later than 60 days 
     after the conclusion of any hearing held under subsection 
     (a), the Commission shall--
       (1) make a determination concerning the extension or denial 
     of Federal acknowledgment of the petitioner as an Indian 
     tribe to the petitioner;
       (2) publish the determination of the Commission under 
     paragraph (1) in the Federal Register; and
       (3) deliver a copy of the determination to the petitioner, 
     and to every other interested party.

     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 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 the first meeting of the Commission, and annually 
     thereafter, the Commission shall prepare and submit a report 
     to the Committee on Indian Affairs of the Senate and the 
     Committee on Resources of the House of Representatives that 
     describes the activities of the Commission.
       (2) Content of reports.--Each report submitted under this 
     subsection shall include, at a minimum, for the year that is 
     the subject of the report--
       (A) the number of documented petitions pending at the 
     beginning of the year and the names of the petitioners;
       (B) the number of documented petitions received during the 
     year and the names of the petitioners;
       (C) the number of documented petitions the Commission 
     approved for acknowledgment during the year and the names of 
     the acknowledged petitioners;
       (D) the number of documented petitions the Commission 
     denied for acknowledgment during the year and the names of 
     the petitioners; and
       (E) the status of all pending documented petitions on the 
     date of the report and the names of 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 
     the first meeting of the Commission, the Commission shall 
     make available to Indian groups suggested guidelines for the 
     format of documented petitions, including general suggestions 
     and guidelines concerning where and how to research 
     information that is required to be included in a documented 
     petition. The examples included in the guidelines shall not 
     preclude the use of any other appropriate format.
       (b) Research Advice.--The Commission may, upon request, 
     provide suggestions and advice to any petitioner with respect 
     to the research of the petitioner concerning the historical 
     background and Indian identity of that petitioner. The 
     Commission shall not be responsible for conducting research 
     on behalf of the petitioner.

     SEC. 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 
     documented petitions under this Act; and
       (B) prepare documentation necessary for the submission of a 
     documented petition under this Act.
       (2) Treatment of grants.--The grants made under this 
     subsection shall be in addition to any other grants the 
     Secretary of Health and Human Services is authorized to 
     provide under any other provision of law.
       (b) Competitive Award.--The grants made under subsection 
     (a) shall be awarded competitively on the basis of objective 
     criteria prescribed in regulations promulgated by the 
     Secretary of Health and Human Services.

     SEC. 18. PROTECTION OF CERTAIN PRIVILEGED INFORMATION.

       Notwithstanding any other provision of law, upon the 
     effective date of this Act, when responding to any requests 
     for information on petitions and related materials filed by a 
     group seeking Federal recognition as an Indian tribe pursuant 
     to part 83 of title 25 of the Code of Federal Regulations, 
     including petitions and related materials transferred to the 
     Commission from the Department under section 5(a)(4), as well 
     as related materials located within the Department that have 
     yet to be transferred to the Commission, the Department and 
     the Commission shall exclude materials identified by the 
     petitioning group as information related to religious 
     practices or sacred sites, and which the group is forbidden 
     to disclose except for the limited purpose of Department and 
     Commission review.

     SEC. 19. 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 2002 
     through 2014.
       (b) Secretary of HHS.--There are authorized to be 
     appropriated to the Secretary of Health and Human Services to 
     carry out section 17 such sums as are necessary for each of 
     fiscal years 2002 through 2014.
                                 ______