[Congressional Record Volume 147, Number 112 (Friday, August 3, 2001)]
[Senate]
[Pages S8968-S8972]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself and Mr. Lieberman):
  S. 1393. A bill to provide grants to ensure full and fair 
participation in certain decisionmaking processes at the Bureau of 
Indian Affairs; to the Committee on Indian Affairs.
  Mr. DODD. Mr. President, I rise today to introduce two pieces of 
legislation intended to help reform and improve the process by which 
the Federal Government acknowledges the sovereign rights of American 
Indian tribes and their Governments.
  I offer these bills with a sense of hope and with the expectation 
that they will contribute to the larger national conversation about how 
the Federal Government can best fulfill its obligations to America's 
native peoples. Senator Inouye and Senator Campbell have provided 
invaluable leadership on this issue and I hope that the bills I am 
introducing today will serve as a modest, but useful contribution that 
will help move us toward a more speedy and more fair recognition 
process.
  Currently there are more than 150 Indian groups that have petitions 
for recognition as sovereign tribes pending before the Bureau of Indian 
Affairs, BIA. No fewer than nine of those petitions are from groups 
based in Connecticut.
  Several recent actions by the BIA have generated considerable debate 
about the timeliness, accuracy, and fairness of the BIA's actions. I 
believe that careful reform of the recognition process can help prevent 
future doubts before they emerge.
  As we consider how best to reform the process for tribal recognition, 
we ought to be guided by several firm principles: fairness, openness, 
respect, and a common interest in bettering the quality of life for all 
Americans. The two bills that I am introducing today are based on these 
principles and I believe will bring us closer to our shared objectives.
  Problems with the current recognition process have been well 
documented. It is widely recognized that the process is taking too long 
to resolve the claims of many Indian groups. It is also known that 
towns and other interested parties often believe that their input is 
ignored.
  Last year, the then-Assistant Secretary for Indian Affairs testified 
before the Senate Indian Affairs Committee on the BIA's tribal 
recognition process. In a remarkable statement, he called for an 
overhaul of that process. I do not disagree. In fact, I believe that we 
have an obligation to restore public confidence in the recognition 
process.
  I have proposed a three-part legislative initiative to make the 
process more accurate, more fair, and more timely. Those parts are: 
one, provide more money to the Bureau of Indian Affairs. I have 
previously called for increases in the budget for the BIA so it can 
upgrade its recognition process. For several years, I have sought and 
supported additional funding for the BIA's branch of acknowledgment and

[[Page S8969]]

research. The legislation that I am introducing today would 
dramatically increase the BIA's budget for this office. Right now, the 
BIA has about 150 recognition petitions pending. At the current pace, 
it takes an average of eight to ten years for a tribe's petition to be 
decided upon. It seems to me that is an unacceptably long amount of 
time. Indeed, I can think of no other area of law where Americans must 
wait as long to have their rights adjudicated and vindicated. Under any 
scenario for reform, the BIA should have more resources to get the job 
done efficiently, thoroughly, and most importantly, accurately. The 
tribal recognition and Indian Bureau Enhancement Act, which I am 
introducing would authorize $10 million to help BIA quickly address its 
backlog. This funding increase is critical to help remedy deficiencies 
in the process by which Indian groups are evaluated and recommended for 
acknowledgment as sovereign legal entities.

  Two, this legislation will provide assistance grants to local 
governments and tribes so that they can fully participate in the 
recognition process and other BIA proceedings. Any government or tribe 
would have to demonstrate financial need as a condition of receiving 
these funds. And they would have to demonstrate that a grant would 
promote the interests of just administration at the BIA. My intention 
here is to help improve the fact-finding process and ensure that the 
Bureau's recognition decisions are based on the best available 
information.
  Three, I propose that we make the recognition process more 
transparent. It bears noting that there has never been an unambiguous 
grant of authority from Congress to the Bureau of Indian Affairs to 
administer a program for the recognition of Indian Tribes. I believe 
that it is time for Congress to make such a clear grant of authority. 
The legislation I am proposing would essentially codify many of the 
regulations that the BIA has been operating under for years. I believe 
that it is in the interest of the general public and American's 
sovereign tribes to ensure that those parts of the BIA regulations that 
are working well will have the full force of statutory law. Relying on 
statutory authority, rather than regulations, will afford the public 
and tribes with a measure of certainty and permanency that has 
heretofore been lacking. Anchoring the BIA's authority in legislation 
will also restore Congress to an appropriate position where it can more 
effectively monitor and oversee execution of its law.
  Let me stress something about these proposed reforms: We should seek 
not to dictate an outcome, but to ensure a process that is fair, open, 
and respectful to all. That is the best guarantee of an outcome that is 
just whatever it may be.
  In concluding, I appreciate that the steps I announced today may 
appear modest to some, excessive to others. I know they will not please 
everyone. But they do, I believe, outline a series of actions that can 
bring greater fairness, openness, and respect to this area of Federal 
policy. That is my sincere hope, in any event.
  I look forward to discussing these and other ideas with Chairman 
Inouye, Senator Campbell, and their colleagues on the Indians Affairs 
Committee. I submit these bills to them in humble recognition of their 
wealth of wisdom and understanding about these matters. I also look 
forward to discussing them with our other colleagues here in the Senate 
and with members of the communities that may be impacted by these 
proposals.
  I ask unanimous consent that the text of both bills be printed in the 
Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                S. 1392

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Tribal 
     Recognition and Indian Bureau Enhancement Act of 2001''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Effect of acknowledgment of tribal existence.
Sec. 6. Scope.
Sec. 7. Letter of intent.
Sec. 8. Duties of the Department.
Sec. 9. Requirements for the documented petition.
Sec. 10. Mandatory criteria for Federal acknowledgment.
Sec. 11. Previous Federal acknowledgment.
Sec. 12. Notice of receipt of a letter of intent or documented 
              petition.
Sec. 13. Processing of the documented petition.
Sec. 14. Testimony and the opportunity to be heard.
Sec. 15. Written submissions by interested parties.
Sec. 16. Publication of final determination.
Sec. 17. Independent review, reconsideration, and final action.
Sec. 18. Implementation of decision acknowledging status as an Indian 
              tribe.
Sec. 19. Authorization of appropriations.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The United States has an obligation to recognize and 
     respect the sovereignty of Native American peoples who have 
     maintained their social, cultural, and political identity.
       (2) All Native American tribal governments that represent 
     tribes that have maintained their social, cultural, and 
     political identity, to the extent possible within the context 
     of history, are entitled to establish government-to-
     government relations with the United States and are entitled 
     to the rights appertaining to sovereign governments.
       (3) The Bureau of Indian Affairs of the Department of the 
     Interior exercises responsibility for determining whether 
     Native American groups constitute ``Federal Tribes'' and are 
     therefore entitled to be recognized by the United States as 
     sovereign nations.
       (4) In recent years, the decisionmaking process used by the 
     Bureau of Indian Affairs to resolve claims of tribal 
     sovereignty has been widely criticized.
       (5) In order to ensure continued public confidence in the 
     Federal Government's decisions pertaining to tribal 
     recognition, it is necessary to reform the recognition 
     process.

     SEC. 3. PURPOSES.

       The purposes of this Act are as follows:
       (1) To establish administrative procedures 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 group, the Federal Government 
     does so based upon clear, factual evidence derived from an 
     open and objective administrative process.
       (5) To provide clear and consistent standards of 
     administrative review of documented petitions for Federal 
     acknowledgment.
       (6) To clarify evidentiary standards and expedite the 
     administrative review process by providing adequate resources 
     to process petitions.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs of the Department of the Interior.
       (2) Department.--The term ``Department'' means the 
     Department of the Interior.
       (3) Documented petition.--The term ``documented petition'' 
     means the detailed arguments made by a petitioner to 
     substantiate the petitioner's claim to continuous existence 
     as an Indian tribe, together with the factual exposition and 
     all documentary evidence necessary to demonstrate that the 
     arguments address the mandatory criteria set forth in section 
     10.
       (4) Historically, historical, or history.--The term 
     ``historically'', ``historical'', or ``history'' means dating 
     from the first sustained contact with non-Indians.
       (5) Indian group or group.--The term ``Indian group'' or 
     ``group'' means any Indian or Alaska Native aggregation 
     within the continental United States that the Secretary does 
     not acknowledge to be an Indian tribe.
       (6) Indian tribe; tribe.--The terms ``Indian tribe'' and 
     ``tribe'' mean any group that the Secretary determines to 
     have met the mandatory criteria set forth in section 10.
       (7) Petitioner.--The term ``petitioner'' means any entity 
     that has submitted a letter of intent to the Secretary 
     requesting acknowledgment that the entity is an Indian tribe.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 5. EFFECT OF ACKNOWLEDGMENT OF TRIBAL EXISTENCE.

       Acknowledgment of an Indian tribe under this Act--
       (1) confers the protection, services, and benefits of the 
     Federal Government available to Indian tribes by virtue of 
     their status as tribes;
       (2) means that the tribe is entitled to the immunities and 
     privileges available to other

[[Page S8970]]

     federally acknowledged Indian tribes by virtue of their 
     government-to-government relationship with the United States;
       (3) means that the United States recognizes that the tribe 
     has the responsibilities, powers, limitations, and 
     obligations of a federally acknowledged Indian tribe; and
       (4) subjects the Indian tribe to the same authority of 
     Congress and the United States to which other federally 
     acknowledged tribes are subjected.

     SEC. 6. SCOPE.

       (a) In General.--This Act applies only to those Native 
     American Indian groups indigenous to the continental United 
     States which are not currently acknowledged as Indian tribes 
     by the Department. It is intended to apply only to groups 
     that can present evidence of a substantially continuous 
     tribal existence and which have functioned as autonomous 
     entities throughout history until the date of the submission 
     of the documented petition.
       (b) Exclusions.--The procedures established under this Act 
     shall not apply to any of the following:
       (1) Any Indian tribe, organized band, pueblo, Alaska Native 
     village, or community that, as of the date of enactment of 
     this Act, has been acknowledged as such and is receiving 
     services from the Bureau.
       (2) An association, organization, corporation, or group of 
     any character that has been formed after December 31, 2002.
       (3) Splinter groups, political factions, communities, or 
     groups of any character that separate from the main body of a 
     currently acknowledged tribe, except that any such group that 
     can establish clearly that the group has functioned 
     throughout history until the date of the submission of the 
     documented petition as an autonomous tribal entity may be 
     acknowledged under this Act, even though the group has been 
     regarded by some as part of or has been associated in some 
     manner with an acknowledged North American Indian tribe.
       (4) Any group which is, or the members of which are, 
     subject to congressional legislation terminating or 
     forbidding the Federal relationship.
       (5) Any group that previously petitioned and was denied 
     Federal acknowledgment under part 83 of title 25 of the Code 
     of Federal Regulations prior to the date of enactment of this 
     Act, including reorganized or reconstituted petitioners 
     previously denied, or splinter groups, spinoffs, or component 
     groups of any type that were once part of petitioners 
     previously denied.
       (c) Pending Petitions.--Any Indian group whose documented 
     petition is under active consideration under the regulations 
     referred to in subsection (b)(5) as of the date of enactment 
     of this Act, and for which a determination is not final and 
     effective as of such date, may opt to have their petitioning 
     process completed in accordance with this Act. Any such group 
     may request a suspension of consideration in accordance with 
     the provisions of section 83.10(g) of title 25 of the Code of 
     Federal Regulations, as in effect on the date of enactment of 
     this Act, of not more than 180 days in order to provide 
     additional information or argument.

     SEC. 7. LETTER OF INTENT.

       (a) In General.--Any Indian group in the continental United 
     States that desires to be acknowledged as an Indian tribe and 
     that can satisfy the mandatory criteria set forth in section 
     10 may submit a letter of intent to the Secretary. A letter 
     of intent may be filed in advance of, or at the same time as, 
     a group's documented petition.
       (b) Approval of Governing Body.--A letter of intent must be 
     produced, dated, and signed by the governing body of the 
     Indian group submitting the letter.

     SEC. 8. DUTIES OF THE DEPARTMENT.

       (a) Publication of List of Indian Tribes.--The Department 
     shall publish in the Federal Register, no less frequently 
     than every 3 years, a list of all Indian tribes entitled to 
     receive services from the Bureau by virtue of their status as 
     Indian tribes. The list may be published more frequently, if 
     the Secretary deems it necessary.
       (b) Guidelines for Preparation of Documented Petitions.--
       (1) In general.--The Secretary shall make available 
     guidelines for the preparation of documented petitions. Such 
     guidelines shall include the following:
       (A) An explanation of the criteria and other provisions 
     relevant to the Department's consideration of a documented 
     petition.
       (B) A discussion of the types of evidence which may be used 
     to demonstrate satisfaction or particular criteria.
       (C) General suggestions and guidelines on how and where to 
     conduct research.
       (D) An example of a documented petition format, except that 
     such example shall not preclude the use of any other format.
       (2) Supplementation and revision.--The Secretary may 
     supplement or update the guidelines as necessary.
       (c) Assistance.--The Department shall, upon request, 
     provide petitioners with suggestions and advice regarding 
     preparation of the documented petition. The Department shall 
     not be responsible for any actual research necessary to 
     prepare such petition.
       (d) Notice Regarding Current Petitions.--Any Indian group 
     whose documented petition is under active consideration as of 
     the date of enactment of this Act shall be notified of the 
     opportunity under section 6(c) to choose whether to complete 
     their petitioning process under the provisions of this Act or 
     under the provisions of part 83 of title 25 of the Code of 
     Federal Regulations, as in effect on the day before such 
     date.
       (e) Notice to Groups With a Letter of Intent.--Any group 
     that has submitted a letter of intent to the Department as of 
     the date of enactment of this Act shall be notified that any 
     documented petition submitted by the group shall be 
     considered under the provisions of this Act.

     SEC. 9. REQUIREMENTS FOR THE DOCUMENTED PETITION.

       (a) In General.--The documented petition may be in any 
     readable form that contains detailed, specific evidence in 
     support of a request to the Secretary to acknowledge tribal 
     existence.
       (b) Approval of Governing Body.--The documented petition 
     must include a certification, signed and dated by members of 
     the group's governing body, stating that it is the group's 
     official documented petition.
       (c) Satisfaction of Mandatory Criteria.--A petitioner must 
     satisfy all of the mandatory criteria set forth in section 10 
     in order for tribal existence to be acknowledged. The 
     documented petition must include thorough explanations and 
     supporting documentation in response to all of such criteria.
       (d) Standards for Denial.--
       (1) In general.--Subject to paragraphs (2) and (3), a 
     petitioner shall not be acknowledged if the evidence 
     presented by the petitioner or others is insufficient to 
     demonstrate that the petitioner meets each of the mandatory 
     criteria in section 10.
       (2) Reasonable likelihood of validity.--A criterion shall 
     be considered met if the Secretary finds that it is more 
     likely than not that the evidence presented demonstrates the 
     establishment of the criterion.
       (3) Conclusive proof not required.--Conclusive proof of the 
     facts relating to a criterion shall not be required in order 
     for the criterion to be considered met.
       (e) Consideration of Historical Situations.--Evaluation of 
     petitions shall take into account historical situations and 
     time periods for which evidence is demonstrably limited or 
     not available. The limitations inherent in demonstrating the 
     historical existence of community and political influence or 
     authority shall also be taken into account. Existence of 
     community and political influence or authority shall be 
     demonstrated on a substantially continuous basis, but such 
     demonstration does not require meeting these criteria at 
     every point in time. Fluctuations in tribal activity during 
     various years shall not in themselves be a cause for denial 
     of acknowledgment under these criteria.

     SEC. 10. MANDATORY CRITERIA FOR FEDERAL ACKNOWLEDGMENT.

       The mandatory criteria for Federal acknowledgment are the 
     following:
       (1) Identification on a substantially continuous basis.--
     The petitioner has been identified as an American Indian 
     entity on a substantially continuous basis since 1900. 
     Evidence that the group's character as an Indian entity has 
     from time to time been denied shall not be considered to be 
     conclusive evidence that this criterion has not been met. 
     Evidence to be relied upon in determining a group's Indian 
     identity may consist of any 1, or a combination, of the 
     following, as well as other evidence of identification by 
     other than the petitioner itself or its members:
       (A) Identification as an Indian entity by Federal 
     authorities.
       (B) Relationships with State governments based on 
     identification of the group as Indian.
       (C) Dealings with a county, parish, or other local 
     government in a relationship based on the group's Indian 
     identity.
       (D) Identification as an Indian entity by anthropologists, 
     historians, or other scholars.
       (E) Identification as an Indian entity in newspapers and 
     books.
       (F) Identification as an Indian entity in relationships 
     with Indian tribes or with national, regional, or State 
     Indian organizations.
       (2) Distinct community.--
       (A) In general.--A predominant portion of the petitioning 
     group comprises a distinct community and has existed as a 
     community from historical times until the date of the 
     submission of the documented petition. This criterion may be 
     demonstrated by some combination of the following evidence or 
     other evidence:
       (i) Significant rates of marriage within the group, or, as 
     may be culturally required, patterned out-marriages with 
     other Indian populations.
       (ii) Significant social relationships connecting individual 
     members.
       (iii) Significant rates of informal social interaction 
     which exist broadly among the members of a group.
       (iv) A significant degree of shared or cooperative labor or 
     other economic activity among the membership.
       (v) Evidence of strong patterns of discrimination or other 
     social distinctions by nonmembers.
       (vi) Shared sacred or secular ritual activity encompassing 
     most of the group.
       (vii) Cultural patterns shared among a significant portion 
     of the group that are different from those of the non-Indian 
     populations with whom it interacts. Such patterns must 
     function as more than a symbolic identification of the group 
     as Indian, and may include language, kinship organization, or 
     religious beliefs and practices.

[[Page S8971]]

       (viii) The persistence of a named, collective Indian 
     identity continuously over a period of more than 50 years, 
     notwithstanding changes in name.
       (ix) A demonstration of historical political influence 
     under the criterion in paragraph (3) shall be evidence for 
     demonstrating historical community.
       (B) Sufficient evidence.--A petitioner shall be considered 
     to have provided sufficient evidence of community at a given 
     point in time if evidence is provided to demonstrate any 1 of 
     the following:
       (i) More than 50 percent of the members reside in a 
     geographical area exclusively or almost exclusively composed 
     of members of the group, and the balance of the group 
     maintains consistent interaction with some members of the 
     community.
       (ii) At least 50 percent of the marriages in the group are 
     between members of the group.
       (iii) At least 50 percent of the group members maintain 
     distinct cultural patterns such as language, kinship 
     organization, or religious beliefs and practices.
       (iv) There are distinct community social institutions 
     encompassing most of the members, such as kinship 
     organizations, formal or informal economic cooperation, or 
     religious organizations.
       (v) The group has met the criterion in paragraph (3) using 
     evidence described in paragraph (3)(A).
       (3) Political influence or authority.--
       (A) In general.--The petitioner has maintained political 
     influence or authority over its members as an autonomous 
     entity from historical times until the date of the submission 
     of the documented petition. This criterion may be 
     demonstrated by some combination of the following evidence or 
     by other evidence:
       (i) The group is able to mobilize significant numbers of 
     members and significant resources from its members for group 
     purposes.
       (ii) Most of the membership considers issues acted upon or 
     actions taken by group leaders or governing bodies to be of 
     importance.
       (iii) There is widespread knowledge, communication, and 
     involvement in political processes by most of the group's 
     members.
       (iv) The group meets the criterion in paragraph (2) at more 
     than a minimal level.
       (v) There are internal conflicts which show controversy 
     over valued group goals, properties, policies, processes, or 
     decisions.
       (B) Sufficient evidence.--
       (i) In general.--A petitioning group shall be considered to 
     have provided sufficient evidence to demonstrate the exercise 
     of political influence or authority at a given point in time 
     by demonstrating that group leaders or other mechanisms exist 
     or existed that--

       (I) allocate group resources such as land and residence 
     rights on a consistent basis;
       (II) settle disputes between members or subgroups by 
     mediation or other means on a regular basis;
       (III) exert strong influence on the behavior of individual 
     members, such as the establishment or maintenance of norms 
     and the enforcement of sanctions to direct or control 
     behavior; or
       (IV) organize or influence economic subsistence activities 
     among the members, including shared or cooperative labor.

       (ii) Presumptive evidence.--A group that has met the 
     requirements in paragraph (2)(A) at a given point in time 
     shall be considered to have provided sufficient evidence to 
     meet this criterion at that point in time.
       (4) Governing document and membership criteria.--Submission 
     of a copy of the group's governing document and membership 
     criteria. In the absence of a written document, the 
     petitioner must provide a statement describing in full its 
     membership criteria and current governing procedures.
       (5) Descendants from a historical indian tribe.--
       (A) In general.--The petitioner's membership consists of 
     individuals who descend from a historical Indian tribe or 
     from historical Indian tribes which combined and functioned 
     as a single autonomous political entity. Evidence acceptable 
     to the Secretary which can be used for this purpose includes 
     the following:
       (i) Rolls prepared by the Secretary on a descendancy basis 
     for purposes of distributing claims money, providing 
     allotments, or other purposes.
       (ii) Federal, State, or other official records or evidence 
     identifying group members or ancestors of such members as 
     being descendants of a historical tribe or tribes that 
     combined and functioned as a single autonomous political 
     entity.
       (iii) Church, school, and other similar enrollment records 
     identifying group members or ancestors of such members as 
     being descendants of a historical tribe or tribes that 
     combined and functioned as a single autonomous political 
     entity.
       (iv) Affidavits of recognition by tribal elders, leaders, 
     or the tribal governing body identifying group members or 
     ancestors of such members as being descendants of a 
     historical tribe or tribes that combined and functioned as a 
     single autonomous political entity.
       (v) Other records or evidence identifying members or 
     ancestors of such members as being descendants of a 
     historical tribe or tribes that combined and functioned as a 
     single autonomous political entity.
       (B) Certified membership list.--The petitioner must provide 
     an official membership list, separately certified by the 
     group's governing body, of all known current members of the 
     group. The list must include each member's full name 
     (including maiden name), date of birth, and current 
     residential address. The petitioner shall also provide a copy 
     of each available former list of members based on the group's 
     own defined criteria, as well as a statement describing the 
     circumstances surrounding the preparation of the current list 
     and, insofar as possible, the circumstances surrounding the 
     preparation of former lists.
       (6) Membership is composed principally of individuals who 
     are not members of an acknowledged tribe.--
       (A) In general.--The membership of the petitioning group is 
     composed principally of individuals who are not members of 
     any acknowledged North American Indian tribe.
       (B) Exception.--A petitioning group may be acknowledged 
     even if its membership is composed principally of individuals 
     whose names have appeared on rolls of, or who have been 
     otherwise associated with, an acknowledged Indian tribe, if 
     the group establishes that it has functioned throughout 
     history until the date of the submission of the documented 
     petition as a separate and autonomous Indian tribal entity, 
     that its members do not maintain a bilateral political 
     relationship with the acknowledged tribe, and that its 
     members have provided written confirmation of their 
     membership in the petitioning group.
       (7) No legislation terminates or prohibits the federal 
     relationship.--Neither the petitioner nor its members are the 
     subject of congressional legislation that has expressly 
     terminated or forbidden the Federal relationship.

     SEC. 11. PREVIOUS FEDERAL ACKNOWLEDGMENT.

       The provisions of section 83.8 of title 25 of the Code of 
     Federal Regulations, as in effect on the date of enactment of 
     this Act, shall apply with respect to petitioners claiming 
     previous Federal acknowledgment under this Act.

     SEC. 12. NOTICE OF RECEIPT OF A LETTER OF INTENT OR 
                   DOCUMENTED PETITION.

       (a) Notice and Publication.--
       (1) In general.--Within 30 days after receiving a letter of 
     intent, or a documented petition if a letter of intent has 
     not previously been received and noticed, the Secretary shall 
     acknowledge such receipt in writing and shall have published 
     within 60 days in the Federal Register a notice of such 
     receipt.
       (2) Requirements.--The notice published in the Federal 
     Register shall include the following:
       (A) The name, location, and mailing address of the 
     petitioner and such other information as will identify the 
     entity submitting the letter of intent or documented 
     petition.
       (B) The date the letter or petition was received.
       (C) Information regarding how interested and informed 
     parties may submit factual or legal arguments in support of, 
     or in opposition to, the petitioner's request for 
     acknowledgment or to request to be kept informed of all 
     general actions affecting the petition.
       (D) Information regarding where a copy of the letter of 
     intent and the documented petition may be examined.
       (b) Other Notification.--The Secretary shall notify, in 
     writing, the chief executive officer, members of Congress, 
     and attorney general of the State in which a petitioner is 
     located and of each State in which the petitioner 
     historically has been located. The Secretary shall also 
     notify any recognized tribe and any other petitioner which 
     appears to have a relationship with the petitioner, including 
     a historical relationship, or which may otherwise be 
     considered to have a potential interest in the acknowledgment 
     determination. The Secretary shall also notify the chief 
     executive officers of the counties and municipalities located 
     in the geographic area historically occupied by the 
     petitioning group.
       (c) Other Publication.--The Secretary shall also publish 
     the notice of receipt of the letter of intent, or documented 
     petition if a letter of intent has not been previously 
     received, in a major newspaper or newspapers of general 
     circulation in the town or city nearest to the petitioner. 
     Such notice shall include the information required under 
     subsection (a)(2).

     SEC. 13. PROCESSING OF THE DOCUMENTED PETITION.

       The provisions of section 83.10 of title 25 of the Code of 
     Federal Regulations, as in effect on the date of enactment of 
     this Act, shall apply with respect to the processing of a 
     documented petition under this Act.

     SEC. 14. TESTIMONY AND THE OPPORTUNITY TO BE HEARD.

       (a) In General.--The Secretary shall consider all relevant 
     evidence from any interested party including neighboring 
     municipalities that possess information bearing on whether to 
     recognize an Indian group or not.
       (b) Hearing Upon Request.--Upon an interested party's 
     request, and for good cause shown, the Secretary shall 
     conduct a formal hearing at which all interested parties may 
     present evidence, call witnesses, cross-examine witnesses, or 
     rebut evidence in the record or presented by other parties 
     during the hearing.
       (c) Transcript Required.--A transcript of any hearing held 
     under this section shall be made and shall become part of the 
     administrative record upon which the Secretary is entitled to 
     rely in determining whether to recognize an Indian group.

[[Page S8972]]

     SEC. 15. WRITTEN SUBMISSIONS BY INTERESTED PARTIES.

       The Secretary shall consider any written materials 
     submitted to the Bureau from any interested party, including 
     neighboring municipalities, that possess information bearing 
     on whether to recognize an Indian group.

     SEC. 16. PUBLICATION OF FINAL DETERMINATION.

       The Secretary shall publish in the Federal Register a 
     complete and detailed explanation of the Secretary's final 
     decision regarding a documented petition under this Act, 
     including express finding of facts and of law with regard to 
     each of the critera listed in section 10.

     SEC. 17. INDEPENDENT REVIEW, RECONSIDERATION, AND FINAL 
                   ACTION.

       The provisions of section 83.11 of title 25 of the Code of 
     Federal Regulations, as in effect on the date of enactment of 
     this Act, shall apply with respect to the independent review, 
     reconsideration, and final action of the Secretary on a 
     documented petition under this Act.

     SEC. 18. IMPLEMENTATION OF DECISION ACKNOWLEDGING STATUS AS 
                   AN INDIAN TRIBE.

       The provisions of section 83.12 of title 25 of the Code of 
     Federal Regulations, as in effect on the date of enactment of 
     this Act, shall apply with respect to the implementation of a 
     decision under this Act acknowledging a petitioner as an 
     Indian tribe.

     SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act, $10,000,000 for fiscal year 2002 and each fiscal year 
     thereafter.
                                  ____


                                S. 1393

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. GRANT PROGRAM.

       (a) In General.--To the extent that amounts are 
     appropriated and acceptable requests are submitted, the 
     Secretary shall award grants to eligible local governments 
     and eligible Indian groups to promote the participation of 
     such governments and groups in the decisionmaking process 
     related to the actions described in subsection (b), if the 
     Secretary determines that the assistance provided under such 
     a grant is necessary to protect the interests of the 
     government or group and would otherwise promote the interests 
     of just administration within the Bureau of Indian Affairs.
       (b) Actions For Which Grants May Be Available.--The 
     Secretary may award grants under this section for 
     participation assistance related to the following actions:
       (1) Acknowledgment.--An Indian group is seeking Federal 
     acknowledgment or recognition, or a terminated Indian tribe 
     is seeking to be restored to Federally-recognized status.
       (2) Trust status.--A Federally-recognized Indian tribe has 
     asserted trust status with respect to land within the 
     boundaries of an area over which a local government currently 
     exercises jurisdiction.
       (3) Trust land.--A Federally-recognized Indian tribe has 
     filed a petition with the Secretary of the Interior 
     requesting that land within the boundaries of an area over 
     which a local government is currently exercising jurisdiction 
     be taken into trust.
       (4) Land claims.--An Indian group or a Federally-recognized 
     Indian tribe is asserting a claim to land based upon a treaty 
     or a law specifically applicable to transfers of land or 
     natural resources from, by, or on behalf of any Indian, 
     Indian tribe, or group, or band of Indians (including the 
     Acts commonly known as the Trade and Intercourse Acts (1 
     Stat. 137; 2 Stat. 139; and 4 Stat. 729).
       (5) Other actions.--Any other action or proposed action 
     relating to an Indian group or Federally-recognized Indian 
     tribe if the Secretary determines that the action or proposed 
     action is likely to significantly affect the citizens 
     represented by a local government.
       (c) Amount of Grants.--Grants awarded under this section to 
     a local government or eligible Indian group for any one 
     action may not exceed $500,000 in any fiscal year.
       (d) Definitions.--In this section:
       (1) Acknowledged indian tribe.--The term ``acknowledged 
     Indian tribe'' means any Indian tribe, band, nation, pueblo, 
     or other organized group or community which is recognized as 
     eligible for the special programs and services provided by 
     the United States to Indians because of their status as 
     Indians.
       (2) Eligible indian group.--The term ``eligible Indian 
     group'' means a group that--
       (A) is determined by the Secretary to be in need of 
     financial assistance to facilitate fair participation in a 
     pending action described in subsection (b);
       (B) is an acknowledged Indian Tribe or has petitioned the 
     Secretary to be acknowledged as a Indian Tribe; and
       (C) petitions the Secretary for a grant under subsection 
     (a).
       (3) Eligible local government.--The term ``eligible local 
     government'' means a municipality or county that--
       (A) is determined by the Secretary to be in need of 
     financial assistance to facilitate fair participation in a 
     pending action described in subsection (b); and
       (B) petitions the Secretary for a grant under subsection 
     (a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (e) Effective Date.--Grants awarded under this section may 
     only be applied to expenses incurred after the date of 
     enactment of this Act.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $8,000,000 for 
     each fiscal year that begins after the date of the enactment 
     of this Act.

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