[Congressional Record Volume 149, Number 20 (Tuesday, February 4, 2003)]
[Senate]
[Pages S1902-S1907]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 297. A bill to provide reforms and resources to the Bureau of 
Indian Affairs to improve the Federal acknowledgement process, and for 
other purposes; to the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to be joined by 
Senator Inouye in introducing the ``Federal Acknowledgment Process 
Reform Act of 2003''.
  Since 1997 I have offered changes to the Federal Acknowledgment 
Process, FAP, which is the process by which Indian groups are 
``recognized'' by the United States as tribes.
  Recognition of a tribal group as a tribe brings with it the 
privileges, immunities and rights accorded to Indian tribes.
  In recent years, the FAP has been described as ``broken'', ``too 
lengthy'', ``too costly'', ``without integrity'', ``not transparent'' 
and ``inconsistently applied'' to name but a few.
  For petitioners that have waited literally generations for a final 
answer on their application, the process is too lengthy.
  For petitioners of modest means driven to seek the financial support 
of ``a backer'', the process is too costly.
  For interested parties who feel compelled to file Freedom of 
Information Act requests to secure information, the process is not 
transparent.
  And for the uninitiated and those not familiar with the governing 
legal regime, the regulations do appear to be inconsistently applied.
  The FAP has not been with us forever. In 1978, the Department of 
Interior established regulations in the Code of Federal Regulations, 25 
CFR Part 83, to ``establish a departmental procedure and policy for 
acknowledging that certain American Indian groups exist as tribes.''
  Since this administrative procedure was set up in 1978, over 270 
groups have petitioned under the regulations, with 18 groups being 
awarded acknowledgment as a tribe, and 19 groups having been denied.
  This means that nearly 230 groups are still waiting to hear on their 
petitions.
  For those who think the Branch of Acknowledgment and Research, BAR, 
is a serial grantor of recognition: just last week the Golden Hill 
Paugussett group in Connecticut was preliminarily denied 
acknowledgment.
  The delays petitioners face have led to understandable frustration: 
the Indian Affairs Committee has received testimony from groups where 
the individuals that originally filed the petition have passed away, 
and the struggle is carried on by their children, and even 
grandchildren.
  Some petitioners have become so tired of waiting that they have sued 
the Secretary of Interior and some courts have forced the BAR to 
produce decisions by dates-certain.
  Unfortunately this ``queue jumping'' has created adverse incentives, 
as more groups file lawsuits.
  The kinks in the process have also caused understandable frustration 
on the part of other, non-Indian groups. These frustrations have led to 
voluminous Freedom of Information Act, FOIA, requests, and even 
lawsuits, as these groups have tried to secure information or seek a 
better understanding of the regulations.
  As you might expect, once the lawsuits get started, paper starts 
churning. The BAR staff testified to the Indian Affairs Committee that 
their anthropologists, genealogists and historians spend 40 percent of 
their time just making photo-copies in response to FOIA requests.
  The bill I am introducing today will resolve many of the problems I 
have described. It will do this first by introducing discipline into 
the process. Under this bill would-be-petitioners must include enough 
information in their ``letter of intent'' so that the BAR and other 
interested parties have a better idea of the context of the group. 
Obtaining more information will better assist the Secretary of Interior 
in providing notices to the group and interested parties; and the bill 
requires that such notices go out within 90 days, insuring timeliness.
  Secondly, this bill will provide more resources to petitioners and 
interested parties, based on the needs of the group or party, something 
on which all observers of the process seem to be in agreement.
  Third, this bill will provide more resources to the Department of 
Interior, another point on which there seems to be wide agreement.
  I do not propose to merely throw more money at this problem. Instead, 
the bill establishes a research pilot project that will draw upon 
independent research institutions and consultation with the Smithsonian 
to expand the research capacity of the BAR.
  The bill will also provide a resource to the Assistant Secretary that 
is sorely needed: an independent research and advisory board that can 
be called on by the Assistant Secretary to act as a peer reviewer and a 
second source upon which the Assistant Secretary can base his 
determination on a petition.
  This board will consist of certified professionals and will be 
available to the Assistant Secretary: 1. at his discretion, if the 
Assistant Secretary and BAR disagree regarding whether particular 
criterion have been met in a petition; and 2. to provide outside peer

[[Page S1903]]

review and a second opinion on a proposed final determination.
  The board will give the Assistant Secretary greater assurance in the 
soundness of his determination, and will provide a more solid 
foundation for any later appellate review.
  Finally, this bill will provide the certainty of a statutory basis 
for the acknowledgment criteria that have been used by the BAR since 
1978.
  There appears to be widespread acceptance of the substantive validity 
of the criteria, but questions have been raised regarding whether those 
criteria should be codified. This bill answers that question 
definitively.
  This bill addresses the criticisms of the FAP by increasing the 
transparency, consistency and integrity of the process, and at the same 
time removes some of the bureaucratic hurdles that have caused the 
process to be too costly and time-consuming.
  I urge my colleagues to support this important measure and ask 
unanimous consent that a copy of the bill be printed in the Record.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 297

       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 ``Federal Acknowledgment 
     Process Reform Act of 2003''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) Indian tribes were sovereign governmental entities 
     before the establishment of the United States;
       (2) the United States has entered into and ratified 
     treaties with many Indian tribes for the purpose of 
     establishing government-to-government relationships between 
     the United States and the Indian tribes;
       (3) Federal court decisions have recognized the 
     constitutional power of Congress to establish government-to-
     government relationships with Indian tribes;
       (4) in 1970, President Nixon ended the termination policy 
     and inaugurated the policy of Indian self-determination;
       (5) in 1978--
       (A) the Secretary of the Interior delegated authority to 
     the Assistant Secretary for Indian Affairs to establish a 
     formal process by which the United States acknowledges an 
     Indian tribe; and
       (B) the Bureau of Indian Affairs established the Branch of 
     Acknowledgment and Research to carry out the Federal 
     acknowledgment process; and
       (6) the Federal acknowledgment process was intended to 
     provide the Assistant Secretary with an informed and well-
     researched basis for making any decision to acknowledge an 
     Indian tribe.
       (b) Purposes.--The purposes of this Act are--
       (1) to ensure that, in any case in which the United States 
     acknowledges an Indian tribe, it does so with a consistent 
     legal, factual, and historical basis;
       (2) to provide clear and consistent standards to review 
     documented petitions for acknowledgment; and
       (3) to clarify evidentiary standards and expedite the 
     administrative review process for petitions by--
       (A) establishing deadlines for decisions; and
       (B) providing adequate resources to process petitions.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Acknowledgment.--The term ``acknowledgment'', with 
     respect to a determination by the Assistant Secretary, means 
     acknowledgment by the United States that--
       (A) an Indian group is an Indian tribe having a government-
     to-government relationship with the United States; and
       (B) the members of the Indian group are eligible for the 
     programs and services provided by the United States to 
     members of Indian tribes because of the status of those 
     members as Indians.
       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary for Indian Affairs of the 
     Department.
       (3) Autonomous.--The term ``autonomous'', with respect to 
     an Indian group and in the context of the history, geography, 
     culture, and social organization of the Indian group, means 
     an Indian group that exercises the political influence or 
     authority of the Indian group independently of the control of 
     any other Indian group.
       (4) Board.--The term ``Board'' means the Independent Review 
     and Advisory Board established under section 6(a).
       (5) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs.
       (6) Community.--The term ``community'' means any group of 
     people living within a particular area that, in the context 
     of the history, culture, and social organization of the 
     group, and taking into account the geography of the region in 
     which the group is located, is able to demonstrate that--
       (A) consistent interactions and significant social 
     relationships exist within the membership; and
       (B) the members of the group are differentiated from and 
     identified as distinct from nonmembers.
       (7) Continuous.--With respect to the history of a group, 
     the term ``continuous'' means the period beginning with 
     calendar year 1900 and continuing to the present time 
     substantially without interruption.
       (8) Department.--The term ``Department'' means the 
     Department of the Interior.
       (9) Documented petition.--The term ``documented petition'' 
     means a petition for acknowledgment consisting of a detailed, 
     factual exposition and arguments, and related documentary 
     evidence, that specifically address requirements for 
     acknowledgment established by the Assistant Secretary under 
     section 4(b).
       (10) Historical period.--The term ``historical period'' 
     means the period beginning with 1900 and continuing through 
     the date of submission of a petition for acknowledgment under 
     this Act.
       (11) History.--The term ``history'', with respect to an 
     Indian group or Indian tribe, means the existence of the 
     Indian group or Indian tribe during the historical period.
       (12) Independent research institution.--The term 
     ``independent research institution'' means an academic or 
     museum institution that--
       (A) employs significant resources toward the study of 
     anthropology and other human sciences that are commonly used 
     in reviewing petitions for acknowledgment; and
       (B) could readily detail those resources to assist the 
     Assistant Secretary in reviewing those petitions.
       (13) Indian group.--The term ``Indian group'' means any 
     Indian band, pueblo, village, or community that is not 
     acknowledged.
       (14) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (15) Interested party.--
       (A) In general.--The term ``interested party'' means any 
     person, organization, or other entity that--
       (i) establishes a legal, factual, or property interest in a 
     determination of acknowledgment; and
       (ii) requests an opportunity to submit comments or 
     evidence, or to be kept informed of general actions, 
     regarding a specific petition.
       (B) Inclusions.--The term ``interested party'' includes--
       (i) the Governor of any State;
       (ii) the Attorney General of any State;
       (iii) any unit of local government; and
       (iv) any Indian tribe, or Indian group, that may be 
     directly affected by a determination of acknowledgment.
       (16) Letter of intent.--The term ``letter of intent'' means 
     an undocumented letter or resolution that--
       (A) indicates the intent of an Indian group to submit a 
     documented petition for Federal acknowledgment;
       (B) is dated and signed by the governing body of the Indian 
     group; and
       (C) is submitted to the Department.
       (17) Petitioner.--The term ``petitioner'' means any Indian 
     group that submits a letter of intent to the Assistant 
     Secretary.
       (18) Pilot project.--The term ``pilot project'' means the 
     Federal acknowledgment research pilot project established 
     under section 6(c).
       (19) Political influence or authority.--The term 
     ``political influence or authority'', with respect to the 
     exercise or maintenance by an Indian group, means the use by 
     the Indian group of a tribal council, leadership, internal 
     process, or other mechanism, in the context of the history, 
     culture, and social organization of the Indian group, as a 
     means of--
       (A) influencing or controlling the behavior of members of 
     the Indian group in a significant manner;
       (B) making decisions for the Indian group that 
     substantially affect members of the Indian group; or
       (C) representing the Indian group in dealing with 
     nonmembers in matters of consequence to the Indian group.
       (20) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (21) 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 Indian tribe;
       (B) made by any government with, or on behalf of, any 
     Indian group or Indian tribe, as a result of which the 
     Federal Government or the colonial government that was the 
     predecessor to the Federal Government subsequently acquired 
     territory by purchase, conquest, annexation, or cession; or
       (C) negotiated by the United States with, or on behalf of, 
     any Indian group in California, regardless of whether the 
     treaty was subsequently ratified.
       (22) Tribal roll.--The term ``tribal roll'' means a list 
     exclusively of individuals who--
       (A)(i) have been determined by an Indian tribe to meet the 
     membership requirements of the Indian tribe, as described in 
     the governing document of the Indian tribe; or
       (ii) in the absence of a governing document that describes 
     those requirements, have been recognized as members of the 
     Indian tribe by the governing body of the Indian tribe; and

[[Page S1904]]

       (B) have affirmatively demonstrated consent to being listed 
     as members of the Indian tribe.

     SEC. 4. ACKNOWLEDGMENT PROCESS.

       (a) Letter of Intent.--
       (1) In general.--An Indian group that desires to initiate 
     with the Department a petition for acknowledgment shall 
     submit to the Assistant Secretary a letter of intent that 
     provides to the Assistant Secretary relevant information 
     concerning the Indian group that may be used to provide 
     notice to interested parties.
       (2) Contents.--The Indian group shall include in the letter 
     of intent, to the maximum extent practicable--
       (A) the current name of the Indian group and any name by 
     which the Indian group may have been identified throughout 
     the history of the Indian group;
       (B) the 1 or more names of the governing body of the Indian 
     group;
       (C) the current address of the governing body of the Indian 
     group; and
       (D) a brief narrative of the history of the Indian group 
     describing--
       (i) the geographic areas in which the Indian group may have 
     been located during that history; and
       (ii) any relationships of the Indian group with other 
     Indian tribes or Indian groups.
       (3) Notice.--Not later than 90 days after the date of 
     receipt of a letter of intent from an Indian group, the 
     Assistant Secretary shall notify the Indian group and 
     interested parties whether the letter of intent reasonably 
     identifies the Indian group.
       (b) Requirements for Petitions.--
       (1) Evidence.--
       (A) In general.--Except as provided in paragraph (2), on or 
     after filing a letter of intent, an Indian group that seeks 
     acknowledgment shall submit to the Assistant Secretary a 
     petition accompanied by evidence that demonstrates the 
     existence of the Indian group during the historical period.
       (B) Evidence relating to historical existence.--To 
     establish the existence of an Indian group during the 
     historical period, a petition shall include evidence that 
     demonstrates with reasonable likelihood that each factor 
     described in section 5 with respect to the petition has been 
     achieved by the petitioner.
       (C) Access to library of congress and national archives.--
     On request by a petitioner, the appropriate officials of the 
     Library of Congress and the National Archives shall permit 
     access by the petitioner to the resources, records, and 
     documents relating to the petitioner for the purposes of 
     conducting research and preparing evidence concerning the 
     status of the petitioner.
       (2) Ineligible groups and entities.--The following groups 
     and entities shall not be eligible to submit to the Assistant 
     Secretary a petition for acknowledgment under this Act:
       (A) Any Indian tribe, organized band, pueblo, community, or 
     Alaska Native entity that, as of the date of enactment of 
     this Act, is acknowledged.
       (B) Any Indian group, political faction, or community that 
     separates from the main population of an Indian tribe, unless 
     the Indian group, faction, or community establishes to the 
     satisfaction of the Assistant Secretary that the Indian 
     group, political faction, or community has functioned as an 
     autonomous Indian group throughout the historical period.
       (C) Any Indian group, or successor in interest of an Indian 
     group (other than an Indian tribe, organized band, pueblo, 
     community, or Alaska native entity described in subparagraph 
     (A)), that, before the date of enactment of this Act, in 
     accordance with regulations promulgated by the Secretary, 
     petitioned for, and was denied or refused, acknowledgment 
     based on the merits of the petition (except that nothing in 
     this subparagraph excludes any group that Congress has 
     identified as an Indian group but has not identified as an 
     Indian tribe).
       (D) Any Indian group the relationship of which with the 
     Federal Government was expressly terminated by an Act of 
     Congress.
       (c) Notice of Receipt of a Petition; Schedule.--
       (1) Publication.--
       (A) In general.--Not later than 30 days after the date on 
     which the Assistant Secretary receives a documented petition 
     under subsection (b), the Assistant Secretary shall publish 
     in the Federal Register a notice of receipt of the petition.
       (B) Inclusions.--The notice shall include--
       (i) the name and location of the petitioner;
       (ii) such other information as the Assistant Secretary 
     determines will identify the petitioner;
       (iii) the date of receipt of the petition;
       (iv) information describing 1 or more locations at which a 
     copy of the petition and related submissions may be examined 
     by the public; and
       (v) a description of the procedure by which an interested 
     party may submit--

       (I) evidence in support of or in opposition to the request 
     of the petitioner for acknowledgment; or
       (II) a request to be kept informed of all actions affecting 
     the petition.

       (2) Schedule.--Not later than 60 days after the date of 
     publication of a notice under paragraph (1)(A), the Assistant 
     Secretary shall establish a schedule for--
       (A) the submission of evidence and arguments relating to 
     the petition; and
       (B) the publication of proposed findings of the Assistant 
     Secretary with respect to the petition.
       (d) Review of Petitions.--
       (1) In general.--On receipt of a documented petition, the 
     Assistant Secretary, in accordance with the schedule 
     established under subsection (c)(2), shall--
       (A) conduct a review to determine whether the petitioner is 
     entitled to acknowledgment; and
       (B) publish in the Federal Register the proposed findings 
     of the Assistant Secretary with respect to that 
     determination.
       (2) Content of review.--The review conducted under 
     paragraph (1) shall include consideration of--
       (A) the petition;
       (B) any supporting evidence; and
       (C) any factual statements contained in the petition 
     relating to other submissions, including oral accounts of the 
     history of the petitioner submitted by the petitioner.
       (3) Consideration of evidence.--Evidence received from 
     interested parties under subsection (c)(1)(B)(v)(I) shall 
     be--
       (A) considered by the Assistant Secretary; and
       (B) noted in any final determination regarding a petition.
       (4) Other research.--In conducting a review under this 
     subsection, the Assistant Secretary may--
       (A) initiate other research for any purpose relating to--
       (i) analysis of the petition; or
       (ii) the acquisition of additional information concerning 
     the status of the petitioner;
       (B) initiate research through the pilot project or the 
     Board; and
       (C) consider evidence submitted by interested parties, 
     including oral accounts of the history of the petitioner 
     submitted by other Indian tribes.
       (5) Exception for lack of certain evidence.--If the 
     Assistant Secretary determines that, for any period of time, 
     evidence necessary to carry out this subsection is lacking, 
     the lack of evidence shall not be the basis for a 
     determination of the Assistant Secretary not to acknowledge a 
     petitioner if the Assistant Secretary determines that the 
     lack of evidence may be attributed to--
       (A) any applicable official act of the Federal Government 
     or a State government; or
       (B) any applicable unofficial act of an officer or agent of 
     the Federal Government or a State government.
       (e) Final Determination.--
       (1) In general.--On review of all evidence submitted under 
     section 5 and this section and the results of research 
     conducted under section 5 and this section by the Assistant 
     Secretary (including through the pilot project or the Board), 
     and after providing a petitioner an opportunity to respond to 
     proposed findings of the Assistant Secretary against 
     acknowledgment, the Assistant Secretary shall make a final 
     determination in writing whether the petitioner is entitled 
     to acknowledgment.
       (2) Facts and conclusions.--A final determination under 
     paragraph (1) shall include all facts and conclusions of law 
     in accordance with which the final determination was made.
       (3) Notification of acknowledgment.--If the Assistant 
     Secretary determines under paragraph (1) that a petitioner is 
     entitled to acknowledgment, the Assistant Secretary shall--
       (A) acknowledge the petitioner;
       (B) notify the petitioner and any interested parties of the 
     final determination to acknowledge the petitioner;
       (C) provide to the petitioner and any interested parties a 
     copy of the final determination; and
       (D) not later than 7 days after notifying the petitioner 
     and any interested parties under subparagraph (B), publish in 
     the Federal Register a notice of the final determination of 
     acknowledgment.
       (f) Judicial Review.--
       (1) In general.--Not later than 60 days after the date of 
     publication of the notice of a final determination described 
     in subsection (e)(3)(D), a petitioner may seek judicial 
     review of the final determination by the United States 
     District Court for the District of Columbia.
       (2) Statement of intent.--It is the intent of Congress 
     that, in accordance with Federal law relating to 
     interpretations of treaties and Acts of Congress affecting 
     the rights, powers, privileges, and immunities of Indian 
     tribes, any ambiguity in this Act be liberally construed in 
     favor of an Indian group or Indian tribe.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2004 through 2013.

     SEC. 5. DOCUMENTED PETITIONS.

       (a) Factors for Consideration.--A petition for 
     acknowledgment submitted by an Indian group shall be in any 
     readable form that--
       (1) clearly indicates that the petition is a documented 
     petition requesting acknowledgment of the Indian group; and
       (2) contains detailed, specific evidence as described in 
     subsections (b) through (g).
       (b) Statement of Facts Relating to Identity.--
       (1) In general.--A petition described in subsection (a) 
     shall contain a statement of facts and an analysis of those 
     facts establishing that the petitioner has been identified as 
     an Indian group in the United States on a substantially 
     continuous basis.
       (2) Previous denials of status.--The Assistant Secretary 
     shall not consider any evidence that the status of the 
     petitioner as an

[[Page S1905]]

     Indian group has previously been denied to be conclusive 
     evidence that the factor described in paragraph (1) has not 
     been met.
       (3) Evidence relating to identity.--In determining the 
     Indian identity of a group, the Assistant Secretary may use 
     as evidence 1 or more of the following:
       (A) An identification of the petitioner as an Indian entity 
     by any department, agency, or instrumentality of the Federal 
     Government.
       (B) A relationship between the petitioner and any State 
     government, based on an identification of the petitioner by 
     the State as an Indian entity.
       (C) Any dealings of the petitioner with a county or 
     political subdivision of a State in a relationship based on 
     an identification of the petitioner as an Indian group.
       (D) An identification of the petitioner as an Indian group 
     by records in a private or public archive, courthouse, 
     church, or school.
       (E) An identification of the petitioner as an Indian group 
     by an anthropologist, historian, or other scholar.
       (F) An identification of the petitioner as an Indian group 
     in a newspaper, book, or similar medium.
       (G) An identification of the petitioner as an Indian group 
     by an Indian tribe or by a national, regional, or State 
     Indian organization.
       (H) An identification of the petitioner as an Indian group 
     by a foreign government or an international organization.
       (I) 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.
       (c) Statement of Facts Relating to Evidence of Community.--
       (1) In general.--A petition described in subsection (a) 
     shall include a statement of facts and an analysis of those 
     facts establishing that a predominant portion of the 
     membership of the petitioner--
       (A) comprises a community distinct from the communities 
     surrounding that community; and
       (B) has existed as a community throughout the historical 
     period.
       (2) Evidence relating to community.--In determining whether 
     the membership of the petitioner meets the requirements of 
     paragraph (1), the Assistant Secretary may use as evidence 1 
     or more of the following:
       (A) Significant rates of marriage within the membership of 
     the petitioner, or, as may be culturally required, patterned 
     out-marriages with other Indian populations.
       (B) Significant social relationships connecting individual 
     members of the petitioner.
       (C) Significant rates of informal social interaction that 
     exist broadly among the members of the petitioner.
       (D) A significant degree of shared or cooperative labor or 
     other economic activity among the membership of the 
     petitioner.
       (E) Evidence of strong patterns of discrimination or other 
     social distinctions against members of the petitioner by 
     nonmembers.
       (F) Shared sacred or secular ritual activity encompassing a 
     majority of members of the petitioner.
       (G) Cultural patterns that--
       (i) are shared among a significant portion of the members 
     of the petitioner;
       (ii) are different from the cultural patterns of the non-
     Indian populations with whom the membership of the petitioner 
     interacts;
       (iii) function as more than a symbolic identification of 
     the petitioner as Indian; and
       (iv) may include language, kinship, or religious 
     organizations, or religious beliefs and practices.
       (H) The persistence of a named, collective Indian identity 
     during a continuous period of at least 50 years, 
     notwithstanding any change in name.
       (I) A demonstration of historical political influence or 
     authority of the petitioner.
       (J) A demonstration that not less than 50 percent of the 
     members of the petitioner exhibit collateral kinship ties 
     through generations to the third degree.
       (3) Criteria for sufficient evidence.--The Assistant 
     Secretary shall consider a petitioner to have provided 
     sufficient evidence of community under this subparagraph if 
     the petitioner has provided to the Assistant Secretary 
     evidence demonstrating that, throughout the historical 
     period--
       (A)(i) more than 50 percent of the members of the 
     petitioner reside in a particular geographical area 
     exclusively, or almost exclusively, composed of members of 
     the group; and
       (ii) the balance of the membership maintains consistent 
     social interaction with other members of the petitioner;
       (B) not less than \1/3\ of the marriages of the petitioner 
     are between members of the petitioner;
       (C) not less than 50 percent of the members of the 
     petitioner maintain distinct cultural patterns, including 
     language, kinship, and religious organizations, or religious 
     beliefs or practices;
       (D) distinct community social institutions (such as kinship 
     organizations, formal or informal economic cooperation, and 
     religious organizations) encompass at least 50 percent of the 
     members of the petitioner; or
       (E) the petitioner has met the requirement under subsection 
     (d)(1) using evidence described in subsection (d)(2).
       (d) Statement of Facts Relating to Autonomous Nature of 
     Petitioner.--
       (1) In general.--A petition described in subsection (a) 
     shall include a statement of facts and an analysis of those 
     facts establishing that the petitioner has maintained 
     political influence or authority over members of the 
     petitioner throughout the historical period.
       (2) Evidence relating to autonomous nature.--In determining 
     whether a petitioner is an autonomous entity under paragraph 
     (1), the Assistant Secretary may use as evidence 1 or more of 
     the following:
       (A) A demonstration that the petitioner is capable of 
     mobilizing significant numbers of members and significant 
     member resource for purposes relating to the petitioner.
       (B) Evidence that most of the members of the petitioner 
     consider actions taken by leaders or governing bodies of the 
     petitioner to be of personal importance.
       (C) Evidence that there is widespread knowledge, 
     communication, and involvement in political processes of the 
     petitioner by a majority of the members of the petitioner.
       (D) Evidence that the petitioner meets the requirement of 
     subsection (c)(1) at more than a minimal level.
       (E) A demonstration by the petitioner that there are 
     conflicts within the membership that demonstrate controversy 
     over valued goals, properties, policies, processes, or 
     decisions of the petitioner.
       (F) A demonstration or description by the petitioner of--
       (i) a continuous line of leaders of the petitioner; and
       (ii) the means by which a majority of the members of the 
     petitioner selected, or approved the selection of, those 
     leaders.
       (3) Evidence of exercise of political influence or 
     authority.--The Assistant Secretary shall consider a 
     petitioner to have provided sufficient evidence to 
     demonstrate the exercise of political influence or authority 
     if the petitioner demonstrates that decisions by leaders of 
     the petitioner (or decisions made through another 
     decisionmaking process) have been made throughout the 
     historical period with respect to--
       (A) the allocation of group resources such as land, 
     residence rights, or similar resources on a consistent basis;
       (B) the settlement on a regular basis, by mediation or 
     other means, of disputes between members or subgroups of 
     members of the petitioner (such as clans or lineages);
       (C) the exertion of strong influence on the behavior of 
     individual members of the petitioner, such as the 
     establishment or maintenance of norms and the enforcement of 
     sanctions to direct or control behavior; or
       (D) the organization or influencing of economic subsistence 
     activities among the members of the petitioner, including 
     shared or cooperative labor.
       (e) Governing Document.--
       (1) In general.--A petition described in subsection (a) 
     shall include a copy of the governing document of the 
     petitioner in effect as of the date of submission of the 
     petition that includes a description of the membership 
     criteria of the petitioner.
       (2) Alternative statement.--If no written governing 
     document described in paragraph (1) exists, a petitioner 
     shall include with a petition described in subsection (a) a 
     detailed statement that describes--
       (A) the membership criteria of the petitioner; and
       (B) the governing procedures of the petitioner in effect as 
     of the date of submission of the petition.
       (f) List of Members.--
       (1) In general.--A petition described in subsection (a) 
     shall include--
       (A) a list of all members of the petitioner as of the date 
     of submission of the petition that includes for each member--
       (i) a full name (and maiden name, if any);
       (ii) a date and place of birth; and
       (iii) a current residential address;
       (B) a copy of each available former list of members of the 
     petitioner; and
       (C) a statement describing the methods used in preparing 
     those lists.
       (2) Requirements for membership.--In determining whether to 
     consider the members of a petitioner to be members of an 
     Indian group for the purpose of a petition described in 
     subparagraph (A), the Assistant Secretary shall require that 
     the membership consist of descendants of--
       (A) an Indian group that existed during the historical 
     period; or
       (B) 1 or more Indian groups that, at any time during the 
     historical period, combined and functioned as a single 
     autonomous entity.
       (3) Evidence of tribal membership.--In making the 
     determination under paragraph (2), the Assistant Secretary 
     may use as evidence 1 or more of the following:
       (A) Tribal rolls prepared by the Secretary for the 
     petitioner for the purpose of distributing claims money or 
     providing allotments, or for other any other purpose.
       (B) Any Federal, State, or other official record or 
     evidence identifying members of the petitioner as of the date 
     of submission of the petition, or ancestors of those members, 
     as being descendants of an Indian group described in 
     subparagraph (A) or (B) of paragraph (2).
       (C) Any church, school, or other similar enrollment record 
     identifying members of the petitioner as of the date of 
     submission of the petition, or ancestors of those members, as 
     being descendants of an Indian group described in 
     subparagraph (A) or (B) of paragraph (2).
       (D) An affidavit of recognition by tribal elders, tribal 
     leaders, or a tribal governing

[[Page S1906]]

     body identifying members of the petitioner as of the date of 
     submission of the petition, or ancestors of those members, as 
     being descendants of an Indian group described in 
     subparagraph (A) or (B) of paragraph (2).
       (E) Any other record or evidence based on firsthand 
     experience of a historian, anthropologist, or genealogist 
     with established expertise on the petitioner or Indian 
     entities in general, identifying members of the petitioner as 
     of the date of submission of the petition, or ancestors of 
     those members, as being descendants of an Indian group 
     described in subparagraph (A) or (B) of paragraph (2).
       (g) Exceptions.--
       (1) In general.--An Indian group described in paragraph (2) 
     shall be required to provide evidence for a petition for 
     acknowledgment submitted under this section only with respect 
     to the period--
       (A) beginning on the date on which the Department first 
     notifies the Indian group that the Indian group is not 
     eligible for Federal services or programs because of a lack 
     of status as an Indian tribe; and
       (B) ending on the date of submission of the petition.
       (2) Indian group.--An Indian group referred to in this 
     paragraph is an Indian group that demonstrates by a 
     reasonable likelihood of the validity of the evidence that 
     the Indian group was, or is a successor in interest to--
       (A) a party to 1 or more treaties;
       (B) a group acknowledged by any agency of the Federal 
     Government as eligible to participate in a project or 
     activity under the Act of June 18, 1934 (commonly known as 
     the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.);
       (C) a group--
       (i) for the benefit of which the United States took land 
     into trust; or
       (ii) that has been treated by the Federal Government as 
     having collective rights in tribal land or funds; or
       (D) a group that has been designated as an Indian tribe by 
     an Act of Congress or Executive order.

     SEC. 6. ADDITIONAL RESOURCES.

       (a) Independent Review and Advisory Board.--
       (1) In general.--The Assistant Secretary shall establish 
     the Independent Review and Advisory Board--
       (A) to assist the Assistant Secretary in addressing unique 
     evidentiary questions relating to the acknowledgment process;
       (B) to provide secondary peer review of acknowledgment 
     determinations by the Assistant Secretary; and
       (C) to enhance the credibility of the acknowledgment 
     process as perceived by Congress, petitioners, interested 
     parties, and the public.
       (2) Number and qualifications.--
       (A) In general.--The Board shall be composed of 9 
     individuals appointed by the Assistant Secretary, of whom--
       (i) at least 3 individuals shall have a doctoral degree in 
     anthropology;
       (ii) at least 3 individuals shall have a doctoral degree in 
     genealogy;
       (iii) at least 2 individuals shall have a doctor of 
     jurisprudence degree; and
       (iv) at least 1 individual shall be qualified as a 
     historian, as determined by the Assistant Secretary.
       (B) Preference.--In making appointments under subparagraph 
     (A), the Assistant Secretary shall give preference to 
     individuals having an academic background or professional 
     experience in Federal Indian policy or American Indian 
     history.
       (C) Conflicts of interest.--No member of the Board shall, 
     at the time of appointment or during the 1-year period 
     preceding the date of appointment, have represented, or 
     conducted research for, any Indian group or interested party 
     with respect to a petition for acknowledgment filed, or 
     intended to be filed, with the Assistant Secretary.
       (D) Status as employees.--A member of the Board shall not 
     be considered to be an employee of the Department.
       (3) Tenure; reimbursement.--
       (A) Tenure.--A member of the Board--
       (i) shall be appointed for an initial term of 2 years; and
       (ii) may be reappointed for such additional terms as the 
     Assistant Secretary determines to be appropriate.
       (B) Reimbursement.--A member of the Board shall be 
     reimbursed for reasonable expenses incurred in assisting the 
     Assistant Secretary under this section, in accordance with 
     Department policy regarding reimbursement of expenses for 
     individuals serving as advisory board or committee members.
       (4) Review and advice.--
       (A) Before issuance of proposed findings.--At any time 
     before the date of issuance of proposed findings under 
     section 4(d)(1)(B) with respect to a petition for 
     acknowledgment under review by the Assistant Secretary, the 
     Assistant Secretary may request an opinion from the Board 
     with respect to the petition if the Assistant Secretary 
     determines that--
       (i) the petition contains 1 or more evidentiary submissions 
     that raise unique issues or matters of first impression 
     relating to 1 or more requirements described in section 5; or
       (ii) the Assistant Secretary is unable to determine the 
     sufficiency of evidence for 1 or more of those requirements.
       (B) After issuance of proposed findings.--After issuance by 
     the Assistant Secretary of proposed findings under section 
     4(d)(1)(B), but before issuance of the final determination, 
     with respect to a petition, the Assistant Secretary shall 
     request a review by the Board of the proposed findings.
       (C) Level of review.--
       (i) In general.--The Board shall conduct a review requested 
     under subparagraph (B) to determine whether an evidentiary 
     question or deficiency exists with respect to 1 or more 
     requirements relating to a petition.
       (ii) Limitation by assistant secretary of scope of 
     review.--In requesting a review under subparagraph (B), the 
     Assistant Secretary may restrict the scope of the review to 
     address fewer than all matters with respect to a petition.
       (iii) Limitation by board of scope of review.--In carrying 
     out a review under subparagraph (B), the Board, in accordance 
     with all applicable professional standards of the members of 
     the Board, may--

       (I) confine the review to--

       (aa) the evidence submitted; or
       (bb) the proposed findings issued under section 4(d)(1)(B);

       (II) extend the review to the evidence submitted by 
     petitioners and interested parties;
       (III) request that the Assistant Secretary request 
     additional submissions by petitioners or interested parties; 
     and
       (IV) recommend that the Assistant Secretary hold a formal 
     or informal administrative proceeding at which the Board may 
     present questions to, and seek additional information from, 
     petitioners and interested parties.

       (b) Assistance to Petitioners and Interested Parties.--
       (1) Grants.--
       (A) In general.--Subject to paragraph (2), the Assistant 
     Secretary may provide to a petitioner or interested party a 
     grant to offset costs incurred in submitting--
       (i) a petition (including related evidence or documents); 
     or
       (ii) a legal argument in support of or in opposition to a 
     petition.
       (B) Limitation.--In making grants under subparagraph (A), 
     the Assistant Secretary shall ensure that not less than 50 
     percent of the amounts made available for the grants are 
     reserved for petitioners.
       (2) Eligibility.--The Assistant Secretary shall provide a 
     grant under paragraph (1) based on a demonstration of need of 
     a petitioner or an interested party that is evaluated using 
     such objective criteria as the Secretary may promulgate by 
     regulation.
       (3) Other assistance.--A grant made to an Indian group 
     under paragraph (1) shall be in addition to any other 
     assistance received by the Indian group under any other 
     provision of law.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection such sums as 
     are necessary for each of fiscal years 2004 through 2014.
       (c) Federal Acknowledgment Research Pilot Project.--
       (1) Establishment.--The Assistant Secretary shall establish 
     a Federal acknowledgment research pilot project to make 
     available additional research resources for researching, 
     reviewing, and analyzing petitions for acknowledgment 
     received by the Assistant Secretary.
       (2) Composition.--
       (A) In general.--The Assistant Secretary, in consultation 
     with the Secretary of the Smithsonian Institution, shall 
     identify a variety of independent research institutions that 
     have the academic and research facilities capable of 
     assisting in the review of petitions described in paragraph 
     (1).
       (B) Proposals.--The Assistant Secretary shall--
       (i) invite each institution identified under subparagraph 
     (A) to submit to the Assistant Secretary a proposal for 
     participation in the pilot project; and
       (ii) approve not more than 3 proposals submitted under 
     clause (i).
       (C) Grants.--The Assistant Secretary may provide a grant to 
     each institution the proposal of which is approved under 
     subparagraph (B)(ii) to assist the institution in 
     participating in the pilot project.
       (3) Duties.--Each institution approved to participate in 
     the pilot project shall assemble and provide a research team 
     that, under the direction of the Assistant Secretary, shall--
       (A) review submissions described in paragraph (1); and
       (B) submit to the Assistant Secretary conclusions and 
     recommendations of the research team that are based on the 
     submissions reviewed.
       (4) Use of conclusions.--The Assistant Secretary may take 
     into consideration any conclusions and recommendations of a 
     research team in making a determination of acknowledgment 
     under this Act.
       (5) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Assistant Secretary shall submit 
     to Congress a report that describes the effectiveness of the 
     pilot project.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $3,000,000 
     for each of fiscal years 2004 through 2006.

     SEC. 7. INAPPLICABILITY OF FOIA.

       (a) In General.--Section 552 of title 5, United States Code 
     (commonly known as the ``Freedom of Information Act''), shall 
     not apply to any action of the Assistant Secretary with 
     respect to a petition for acknowledgment under this Act, and 
     the Assistant Secretary shall have no obligation to

[[Page S1907]]

     provide all or any portion of a petition, or to provide 
     information regarding the contents of a petition, to any 
     person or entity, until such time as--
       (1) the petition has been fully documented; and
       (2) the Assistant Secretary has published a notice in 
     accordance with section 4(c)(1)(A).
       (b) Exception.--The restriction under subsection (a) on the 
     provision of information contained in or relating to a 
     petition shall not apply to any formal or informal request 
     made or subpoena issued by a law enforcement agency of the 
     United States.
       (c) Assistance From Attorney General.--
       (1) In general.--The Secretary may request assistance from 
     the Attorney General in responding to requests for 
     information relating to a petition made in accordance with 
     section 552 of title 5, United States Code.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Attorney General to provide 
     assistance requested under this subsection $1,000,000 for 
     each of fiscal years 2004 through 2008.

     SEC. 8. EFFECT AND IMPLEMENTATION OF DECISIONS.

       (a) In General.--The acknowledgment of any petitioner under 
     this Act shall not reduce or eliminate--
       (1) the right of any other Indian tribe to govern the 
     reservation of that other tribe (as the reservation exists 
     before, on, or after the date of acknowledgment of the 
     petitioner);
       (2) any property right held in trust or recognized by the 
     United States for the other Indian tribe (as that property 
     right existed before the date of acknowledgment of the 
     petitioner); or
       (3) any previously or independently existing claim by a 
     petitioner to any property right described in paragraph (2) 
     held in trust by the United States for the other Indian tribe 
     before the date of acknowledgment of the petitioner.
       (b) Eligibility for Services and Benefits.--
       (1) In general.--Subject to paragraph (2), on 
     acknowledgment by the Assistant Secretary of a petitioner 
     under this Act, the newly-acknowledged Indian tribe shall--
       (A) have a government-to-government relationship with the 
     United States;
       (B) be eligible for the programs and services provided by 
     the United States to members of other Indian tribes because 
     of the status of those members as Indians; and
       (C) have the responsibilities, obligations, privileges, and 
     immunities of those other Indian tribes.
       (2) Programs of the bureau.--
       (A) In general.--The acknowledgment by the Assistant 
     Secretary of an Indian group under this Act shall not 
     establish any immediate entitlement to participation in any 
     program of the Bureau in existence as of the date of 
     acknowledgment.
       (B) Availability of programs.--
       (i) In general.--Participation in a program described in 
     subparagraph (A) shall be available to an Indian tribe 
     described in paragraph (1) at such time as funds are made 
     available for that purpose.
       (ii) Requests for appropriations.--The Secretary and the 
     Secretary of Health and Human Services shall submit budget 
     requests for funding for increased participation in a program 
     described in subparagraph (A) in accordance with subsection 
     (c).
       (c) Needs Determination and Budget Request.--
       (1) In general.--Not later than 180 days after a petitioner 
     is acknowledged under this Act, the appropriate officials of 
     the Bureau and the Indian Health Service of the Department of 
     Health and Human Services shall consult with the newly-
     acknowledged Indian tribe concerning, develop in cooperation 
     with the newly-acknowledged Indian tribe, and forward to the 
     Secretary or the Secretary of Health and Human Services, as 
     appropriate--
       (A) a determination of the needs of the Indian tribe; and
       (B) a recommended budget required to serve the Indian 
     tribe.
       (2) Submission of budget request.--For each fiscal year, 
     the Secretary or the Secretary of Health and Human Services, 
     as appropriate, shall submit to the President a recommended 
     budget for programs and services provided by the United 
     States to members of Indian tribes because of the status of 
     those members as Indians (including funding recommendations 
     for newly-acknowledged Indian tribes based on the information 
     received under paragraph (1)) for inclusion in the annual 
     budget submitted by the President to Congress in accordance 
     with section 1108 of title 31, United States Code.

     SEC. 9. REGULATIONS.

       The Secretary may--
       (1) promulgate such regulations as are necessary to carry 
     out this Act; and
       (2) maintain in effect all regulations contained in part 83 
     of title 25, Code of Federal Regulations (or any successor 
     regulations), that are not inconsistent with this Act.
                                 ______