United States Government Publishing Office publisher pbl distributor dst United States Congress House of Representatives author aut Government Organization text government publication eng CRPT Congressional Committee Materials 108_cong_reports legislative 2010-08-09 U.S. Government Printing Office 2004-11-19 monographic deposited born digital 7 digital object pages Y 1.1/8: https://www.govinfo.gov/app/details/CRPT-108hrpt788 P0b002ee18034aaf2 000576062 f:hr788.108.txt DGPO 2010-08-09 2024-11-09 CRPT-108hrpt788 machine generated eng fdlp Report to accompany H.R. 5134, including cost estimate of the Congressional Budget Office, The Committee on Resources, to whom was referred the bill (H.R. 5134) to require the prompt review by the Secretary of the interior of the long-standing petitions for Federal recognition of certain indian tribes, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike all after the enacting clause and insert the following: SECTION 1. PROMPT CONSIDERATION OF CERTAIN PETITIONS REQUESTING FEDERAL RECOGNITION AS AN INDIAN TRIBE. (a) Time Period for Proposed Finding.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall publish a proposed finding with respect to the petition for Federal recognition of each eligible tribe consistent with part 83 of title 25, Code of Federal Regulations. (b) Time Period for Final Determination.--Not later than one year after the date of the enactment of this Act, the Secretary shall publish a final determination with respect to the petition for Federal recognition of each eligible tribe. (c) Notification; Opt in.-- (1) Notification of tribes.--Not later than 45 days after the date of the enactment of this Act, the Secretary shall notify, in writing, all potentially eligible tribes that they may opt into the expedited procedure for proposed findings and final determinations under this Act and of the provisions of paragraph (2). (2) Opt in.--If, not later than 90 days after the date of the enactment of this Act, a potentially eligible tribe notifies the Secretary, in writing, that the potentially eligible tribe elects to opt into the expedited procedures under this Act, the potentially eligible tribe shall be considered an eligible tribe for the purposes of this Act. Potentially eligible tribes shall not be considered eligible tribes for the purposes of this Act if notification is not made by the potentially eligible tribe in accordance with this paragraph. (d) Number of Members Not a Factor.--The number of persons listed on the membership roll contained in a petition for Federal recognition of an eligible tribe shall not be taken into account in considering the petition, except that the Secretary may review the eligibility of individual members or groups listed in a petition in accordance with the provisions of part 83 of title 25, Code of Federal Regulations. (e) Effect of Failure to Comply.--If the Secretary fails to publish a proposed finding required by subsection (a) or a final determination required by subsection (b) by the end of the time period required for the proposed finding or final determination by such subsections, the relevant eligible tribe may seek in the appropriate United States district court a determination by the court of whether the eligible tribe should be recognized as an indian tribe in accordance with the criteria specified in section 83.7 of title 25, Code of Federal Regulations. in any such action, the court shall treat such failure by the Secretary as final agency action. (f) Review of Adverse Decision.--If the final determination required by subsection (b) refuses to recognize the eligible tribe as an indian tribe, the eligible tribe may seek, during the one-year period beginning on the date on which the final determination is published, a review of the determination in the appropriate United States district court, notwithstanding the availability of other administrative remedies. (g) Consideration of Other Petitions.--Until the Secretary has published a proposed finding with respect to the petition of each eligible tribe as required under subsection (a), no other petition for recognition as an indian tribe may be processed except those listed as having a status of ``Active'' or ``In Post-Final Decision Appeal Process'' by the Department of the interior on July 1, 2004. (h) No Change in Criteria.--Nothing in this Act shall be construed to change the criteria established by the Department of the interior to determine whether or not a petitioner meets the requirements to be a federally recognized tribe. (i) Definitions.--For the purposes of this Act, the following definitions apply: (1) Eligible tribe.--The term ``eligible tribe'' means a tribe that-- (A) has made an initial application for recognition as an indian tribe to the Department of the interior before October 17, 1988; (B) is listed as having a status of ``Ready, Waiting for Active Consideration'' by the Department of the interior on July 1, 2004; and (C) not later than 90 days after the date of the enactment of this Act, notifies the Secretary, in writing, that it opts to have its petition for recognition as an indian tribe considered under the expedited procedure for proposed findings and final determinations under this Act. (2) Potentially eligible tribe.--The term ``potentially eligible tribe'' means a tribe that-- (A) has made an initial application for recognition as an indian tribe to the Department of the interior before October 17, 1988; (B) is listed as having a status of ``Ready, Waiting for Active Consideration'' by the Department of the interior on July 1, 2004; and (C) has not notified the Secretary, in writing, whether or not it opts to have its petition for recognition as an indian tribe considered under the expedited procedure for proposed findings and final determinations under this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of the interior, or a designee of the Secretary. PURPOSE OF THE BILL HRPT CRPT-108hrpt788 HOUSE 108 788 2 false true https://www.govinfo.gov/app/details/CRPT-108hrpt788 https://www.govinfo.gov/content/pkg/CRPT-108hrpt788/html/CRPT-108hrpt788.htm https://www.govinfo.gov/content/pkg/CRPT-108hrpt788/pdf/CRPT-108hrpt788.pdf H. Rept. 108-788 The Committee on Resources, to whom was referred the bill (H.R. 5134) to require the prompt review by the Secretary of the Interior of the long-standing petitions for Federal recognition of certain Indian tribes, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. TO REQUIRE THE PROMPT REVIEW BY THE SECRETARY OF THE INTERIOR OF THE LONG-STANDING PETITIONS FOR FEDERAL RECOGNITION OF CERTAIN INDIAN TRIBES, AND FOR OTHER PURPOSES;H. Rept. 108-788 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed FIRSTPART CRPT-108hrpt788 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed 2 The Committee on Resources, to whom was referred the bill (H.R. 5134) to require the prompt review by the Secretary of the Interior of the long-standing petitions for Federal recognition of certain Indian tribes, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. Mr. Pombo, from the Committee on Resources, submitted the following Committee on Resources Resources Mr. Pombo Richard W. Pombo Pombo, Richard W. Richard Pombo H.R. 5134, 108th Richard W. Pombo United States House of Representatives sponsor spn United States Congress Member United States Congress House of Representatives Committee on Resources associated name asn Government Organization H.R. 5134 108 OTHER H.R. 5134 108 PRIMARY Public Law 104-4 Public Law No 104-4