[Public Papers of the Presidents of the United States: George H. W. Bush (1992-1993, Book II)]
[October 14, 1992]
[Pages 1820-1821]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing the Advisory Council on California Indian Policy 
Act of 1992
October 14, 1992

    I am signing into law H.R. 2144, the ``Advisory Council on 
California Indian Policy Act of 1992.'' The Council is to review the 
status of, and Federal policy towards, California Indian tribes.
    In 1978 the Department of the Interior established the Federal 
Acknowledgment Process to ensure that all petitions for recognition as a 
federally recognized tribe would be evaluated in an objective and 
uniform manner. The process, developed with the support of the Indian 
tribes and the Congress, provides each petitioning group the opportunity 
for an unbiased, detailed review of its petition.
    I support the Federal Acknowledgment Process for the review of all 
petitions for tribal recognition. It is a stated policy objective of the 
Administration to restore terminated tribal entities, as appropriate. I 
do not, however, support establishment of separate recognition 
procedures or policies exclusive to one State. I note that the mem-

[[Page 1821]]

bers of the Council created under this Act are effectively selected by 
various California Indian tribes. Thus they are not appointed in 
conformity with the Appointments Clause of the Constitution, Article II, 
section 2, clause 2. I sign this bill on the understanding that the 
Council will serve only in an advisory capacity. In particular, I note 
that the tribal and descendency lists created by the Council may not, 
without further congressional action, serve as the basis for determining 
eligibility for Federal funds or benefits.
    Finally, I am also troubled that, although the advice of the Council 
may influence important decisions, members and staff have been 
specifically exempted from any restrictions involving financial 
conflicts of interest. There does not appear to be any justification for 
this exemption. In order to protect the integrity of the Council, I 
direct the Secretary of the Interior, in consultation with the Director 
of the Office of Government Ethics, to ensure that, as a condition of 
appointment, members and staff of the Council agree to abide by 
appropriate standards of conduct set forth in 5 C.F.R. 2635.

                                                             George Bush

The White House,
October 14, 1992.

                    Note: H.R. 2144, approved October 14, was assigned 
                        Public Law No. 102-416. This statement was 
                        released by the Office of the Press Secretary on 
                        October 15.