[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 297 Reported in Senate (RS)]
Calendar No. 794
108th CONGRESS
2d Session
S. 297
[Report No. 108-403]
To provide reforms and resources to the Bureau of Indian Affairs to
improve the Federal acknowledgment process, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 4, 2003
Mr. Campbell introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
November 10, 2004
Reported under authority of the order of the Senate of October 11,
2004, by Mr. Campbell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide reforms and resources to the Bureau of Indian Affairs to
improve the Federal acknowledgment process, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Federal Acknowledgment
Process Reform Act of 2003''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) Indian tribes were sovereign governmental
entities before the establishment of the United
States;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) Federal court decisions have recognized the
constitutional power of Congress to establish government-to-
government relationships with Indian tribes;</DELETED>
<DELETED> (4) in 1970, President Nixon ended the termination
policy and inaugurated the policy of Indian self-
determination;</DELETED>
<DELETED> (5) in 1978--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) the Bureau of Indian Affairs
established the Branch of Acknowledgment and Research
to carry out the Federal acknowledgment process;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) to provide clear and consistent standards to
review documented petitions for acknowledgment; and</DELETED>
<DELETED> (3) to clarify evidentiary standards and expedite
the administrative review process for petitions by--</DELETED>
<DELETED> (A) establishing deadlines for decisions;
and</DELETED>
<DELETED> (B) providing adequate resources to
process petitions.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Acknowledgment.--The term ``acknowledgment'',
with respect to a determination by the Assistant Secretary,
means acknowledgment by the United States that--</DELETED>
<DELETED> (A) an Indian group is an Indian tribe
having a government-to-government relationship with the
United States; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary for Indian Affairs of
the Department.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Board.--The term ``Board'' means the
Independent Review and Advisory Board established under section
6(a).</DELETED>
<DELETED> (5) Bureau.--The term ``Bureau'' means the Bureau
of Indian Affairs.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) consistent interactions and
significant social relationships exist within the
membership; and</DELETED>
<DELETED> (B) the members of the group are
differentiated from and identified as distinct from
nonmembers.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (8) Department.--The term ``Department'' means the
Department of the Interior.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (12) Independent research institution.--The term
``independent research institution'' means an academic or
museum institution that--</DELETED>
<DELETED> (A) employs significant resources toward
the study of anthropology and other human sciences that
are commonly used in reviewing petitions for
acknowledgment; and</DELETED>
<DELETED> (B) could readily detail those resources
to assist the Assistant Secretary in reviewing those
petitions.</DELETED>
<DELETED> (13) Indian group.--The term ``Indian group''
means any Indian band, pueblo, village, or community that is
not acknowledged.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (15) Interested party.--</DELETED>
<DELETED> (A) In general.--The term ``interested
party'' means any person, organization, or other entity
that--</DELETED>
<DELETED> (i) establishes a legal, factual,
or property interest in a determination of
acknowledgment; and</DELETED>
<DELETED> (ii) requests an opportunity to
submit comments or evidence, or to be kept
informed of general actions, regarding a
specific petition.</DELETED>
<DELETED> (B) Inclusions.--The term ``interested
party'' includes--</DELETED>
<DELETED> (i) the Governor of any
State;</DELETED>
<DELETED> (ii) the Attorney General of any
State;</DELETED>
<DELETED> (iii) any unit of local
government; and</DELETED>
<DELETED> (iv) any Indian tribe, or Indian
group, that may be directly affected by a
determination of acknowledgment.</DELETED>
<DELETED> (16) Letter of intent.--The term ``letter of
intent'' means an undocumented letter or resolution that--
</DELETED>
<DELETED> (A) indicates the intent of an Indian
group to submit a documented petition for Federal
acknowledgment;</DELETED>
<DELETED> (B) is dated and signed by the governing
body of the Indian group; and</DELETED>
<DELETED> (C) is submitted to the
Department.</DELETED>
<DELETED> (17) Petitioner.--The term ``petitioner'' means
any Indian group that submits a letter of intent to the
Assistant Secretary.</DELETED>
<DELETED> (18) Pilot project.--The term ``pilot project''
means the Federal acknowledgment research pilot project
established under section 6(c).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) influencing or controlling the
behavior of members of the Indian group in a
significant manner;</DELETED>
<DELETED> (B) making decisions for the Indian group
that substantially affect members of the Indian group;
or</DELETED>
<DELETED> (C) representing the Indian group in
dealing with nonmembers in matters of consequence to
the Indian group.</DELETED>
<DELETED> (20) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (21) Treaty.--The term ``treaty'' means any
treaty--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) negotiated by the United States with,
or on behalf of, any Indian group in California,
regardless of whether the treaty was subsequently
ratified.</DELETED>
<DELETED> (22) Tribal roll.--The term ``tribal roll'' means
a list exclusively of individuals who--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) have affirmatively demonstrated
consent to being listed as members of the Indian
tribe.</DELETED>
<DELETED>SEC. 4. ACKNOWLEDGMENT PROCESS.</DELETED>
<DELETED> (a) Letter of Intent.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Contents.--The Indian group shall include in
the letter of intent, to the maximum extent practicable--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) the 1 or more names of the governing
body of the Indian group;</DELETED>
<DELETED> (C) the current address of the governing
body of the Indian group; and</DELETED>
<DELETED> (D) a brief narrative of the history of
the Indian group describing--</DELETED>
<DELETED> (i) the geographic areas in which
the Indian group may have been located during
that history; and</DELETED>
<DELETED> (ii) any relationships of the
Indian group with other Indian tribes or Indian
groups.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Requirements for Petitions.--</DELETED>
<DELETED> (1) Evidence.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (A) Any Indian tribe, organized band,
pueblo, community, or Alaska Native entity that, as of
the date of enactment of this Act, is
acknowledged.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (D) Any Indian group the relationship of
which with the Federal Government was expressly
terminated by an Act of Congress.</DELETED>
<DELETED> (c) Notice of Receipt of a Petition; Schedule.--</DELETED>
<DELETED> (1) Publication.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Inclusions.--The notice shall
include--</DELETED>
<DELETED> (i) the name and location of the
petitioner;</DELETED>
<DELETED> (ii) such other information as the
Assistant Secretary determines will identify
the petitioner;</DELETED>
<DELETED> (iii) the date of receipt of the
petition;</DELETED>
<DELETED> (iv) information describing 1 or
more locations at which a copy of the petition
and related submissions may be examined by the
public; and</DELETED>
<DELETED> (v) a description of the procedure
by which an interested party may submit--
</DELETED>
<DELETED> (I) evidence in support of
or in opposition to the request of the
petitioner for acknowledgment;
or</DELETED>
<DELETED> (II) a request to be kept
informed of all actions affecting the
petition.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the submission of evidence and
arguments relating to the petition; and</DELETED>
<DELETED> (B) the publication of proposed findings
of the Assistant Secretary with respect to the
petition.</DELETED>
<DELETED> (d) Review of Petitions.--</DELETED>
<DELETED> (1) In general.--On receipt of a documented
petition, the Assistant Secretary, in accordance with the
schedule established under subsection (c)(2), shall--</DELETED>
<DELETED> (A) conduct a review to determine whether
the petitioner is entitled to acknowledgment;
and</DELETED>
<DELETED> (B) publish in the Federal Register the
proposed findings of the Assistant Secretary with
respect to that determination.</DELETED>
<DELETED> (2) Content of review.--The review conducted under
paragraph (1) shall include consideration of--</DELETED>
<DELETED> (A) the petition;</DELETED>
<DELETED> (B) any supporting evidence; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Consideration of evidence.--Evidence received
from interested parties under subsection (c)(1)(B)(v)(I) shall
be--</DELETED>
<DELETED> (A) considered by the Assistant Secretary;
and</DELETED>
<DELETED> (B) noted in any final determination
regarding a petition.</DELETED>
<DELETED> (4) Other research.--In conducting a review under
this subsection, the Assistant Secretary may--</DELETED>
<DELETED> (A) initiate other research for any
purpose relating to--</DELETED>
<DELETED> (i) analysis of the petition;
or</DELETED>
<DELETED> (ii) the acquisition of additional
information concerning the status of the
petitioner;</DELETED>
<DELETED> (B) initiate research through the pilot
project or the Board; and</DELETED>
<DELETED> (C) consider evidence submitted by
interested parties, including oral accounts of the
history of the petitioner submitted by other Indian
tribes.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) any applicable official act of the
Federal Government or a State government; or</DELETED>
<DELETED> (B) any applicable unofficial act of an
officer or agent of the Federal Government or a State
government.</DELETED>
<DELETED> (e) Final Determination.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Notification of acknowledgment.--If the
Assistant Secretary determines under paragraph (1) that a
petitioner is entitled to acknowledgment, the Assistant
Secretary shall--</DELETED>
<DELETED> (A) acknowledge the petitioner;</DELETED>
<DELETED> (B) notify the petitioner and any
interested parties of the final determination to
acknowledge the petitioner;</DELETED>
<DELETED> (C) provide to the petitioner and any
interested parties a copy of the final determination;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Judicial Review.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. DOCUMENTED PETITIONS.</DELETED>
<DELETED> (a) Factors for Consideration.--A petition for
acknowledgment submitted by an Indian group shall be in any readable
form that--</DELETED>
<DELETED> (1) clearly indicates that the petition is a
documented petition requesting acknowledgment of the Indian
group; and</DELETED>
<DELETED> (2) contains detailed, specific evidence as
described in subsections (b) through (g).</DELETED>
<DELETED> (b) Statement of Facts Relating to Identity.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Previous denials of status.--The Assistant
Secretary shall not consider any evidence that the status of
the petitioner as an Indian group has previously been denied to
be conclusive evidence that the factor described in paragraph
(1) has not been met.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (A) An identification of the petitioner as
an Indian entity by any department, agency, or
instrumentality of the Federal Government.</DELETED>
<DELETED> (B) A relationship between the petitioner
and any State government, based on an identification of
the petitioner by the State as an Indian
entity.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) An identification of the petitioner as
an Indian group by records in a private or public
archive, courthouse, church, or school.</DELETED>
<DELETED> (E) An identification of the petitioner as
an Indian group by an anthropologist, historian, or
other scholar.</DELETED>
<DELETED> (F) An identification of the petitioner as
an Indian group in a newspaper, book, or similar
medium.</DELETED>
<DELETED> (G) An identification of the petitioner as
an Indian group by an Indian tribe or by a national,
regional, or State Indian organization.</DELETED>
<DELETED> (H) An identification of the petitioner as
an Indian group by a foreign government or an
international organization.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Statement of Facts Relating to Evidence of
Community.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) comprises a community distinct from
the communities surrounding that community;
and</DELETED>
<DELETED> (B) has existed as a community throughout
the historical period.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (A) Significant rates of marriage within
the membership of the petitioner, or, as may be
culturally required, patterned out-marriages with other
Indian populations.</DELETED>
<DELETED> (B) Significant social relationships
connecting individual members of the
petitioner.</DELETED>
<DELETED> (C) Significant rates of informal social
interaction that exist broadly among the members of the
petitioner.</DELETED>
<DELETED> (D) A significant degree of shared or
cooperative labor or other economic activity among the
membership of the petitioner.</DELETED>
<DELETED> (E) Evidence of strong patterns of
discrimination or other social distinctions against
members of the petitioner by nonmembers.</DELETED>
<DELETED> (F) Shared sacred or secular ritual
activity encompassing a majority of members of the
petitioner.</DELETED>
<DELETED> (G) Cultural patterns that--</DELETED>
<DELETED> (i) are shared among a significant
portion of the members of the
petitioner;</DELETED>
<DELETED> (ii) are different from the
cultural patterns of the non-Indian populations
with whom the membership of the petitioner
interacts;</DELETED>
<DELETED> (iii) function as more than a
symbolic identification of the petitioner as
Indian; and</DELETED>
<DELETED> (iv) may include language,
kinship, or religious organizations, or
religious beliefs and practices.</DELETED>
<DELETED> (H) The persistence of a named, collective
Indian identity during a continuous period of at least
50 years, notwithstanding any change in name.</DELETED>
<DELETED> (I) A demonstration of historical
political influence or authority of the
petitioner.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) the balance of the membership
maintains consistent social interaction with other
members of the petitioner;</DELETED>
<DELETED> (B) not less than </DELETED>\<DELETED>1/
3</DELETED>\ <DELETED>of the marriages of the
petitioner are between members of the
petitioner;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (E) the petitioner has met the requirement
under subsection (d)(1) using evidence described in
subsection (d)(2).</DELETED>
<DELETED> (d) Statement of Facts Relating to Autonomous Nature of
Petitioner.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (A) A demonstration that the petitioner is
capable of mobilizing significant numbers of members
and significant member resource for purposes relating
to the petitioner.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) Evidence that the petitioner meets the
requirement of subsection (c)(1) at more than a minimal
level.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (F) A demonstration or description by the
petitioner of--</DELETED>
<DELETED> (i) a continuous line of leaders
of the petitioner; and</DELETED>
<DELETED> (ii) the means by which a majority
of the members of the petitioner selected, or
approved the selection of, those
leaders.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) the allocation of group resources such
as land, residence rights, or similar resources on a
consistent basis;</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) the organization or influencing of
economic subsistence activities among the members of
the petitioner, including shared or cooperative
labor.</DELETED>
<DELETED> (e) Governing Document.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the membership criteria of the
petitioner; and</DELETED>
<DELETED> (B) the governing procedures of the
petitioner in effect as of the date of submission of
the petition.</DELETED>
<DELETED> (f) List of Members.--</DELETED>
<DELETED> (1) In general.--A petition described in
subsection (a) shall include--</DELETED>
<DELETED> (A) a list of all members of the
petitioner as of the date of submission of the petition
that includes for each member--</DELETED>
<DELETED> (i) a full name (and maiden name,
if any);</DELETED>
<DELETED> (ii) a date and place of birth;
and</DELETED>
<DELETED> (iii) a current residential
address;</DELETED>
<DELETED> (B) a copy of each available former list
of members of the petitioner; and</DELETED>
<DELETED> (C) a statement describing the methods
used in preparing those lists.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) an Indian group that existed during
the historical period; or</DELETED>
<DELETED> (B) 1 or more Indian groups that, at any
time during the historical period, combined and
functioned as a single autonomous entity.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (D) An affidavit of recognition by tribal
elders, tribal leaders, or a tribal governing 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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (g) Exceptions.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) ending on the date of submission of
the petition.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) a party to 1 or more
treaties;</DELETED>
<DELETED> (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.);</DELETED>
<DELETED> (C) a group--</DELETED>
<DELETED> (i) for the benefit of which the
United States took land into trust;
or</DELETED>
<DELETED> (ii) that has been treated by the
Federal Government as having collective rights
in tribal land or funds; or</DELETED>
<DELETED> (D) a group that has been designated as an
Indian tribe by an Act of Congress or Executive
order.</DELETED>
<DELETED>SEC. 6. ADDITIONAL RESOURCES.</DELETED>
<DELETED> (a) Independent Review and Advisory Board.--</DELETED>
<DELETED> (1) In general.--The Assistant Secretary shall
establish the Independent Review and Advisory Board--</DELETED>
<DELETED> (A) to assist the Assistant Secretary in
addressing unique evidentiary questions relating to the
acknowledgment process;</DELETED>
<DELETED> (B) to provide secondary peer review of
acknowledgment determinations by the Assistant
Secretary; and</DELETED>
<DELETED> (C) to enhance the credibility of the
acknowledgment process as perceived by Congress,
petitioners, interested parties, and the
public.</DELETED>
<DELETED> (2) Number and qualifications.--</DELETED>
<DELETED> (A) In general.--The Board shall be
composed of 9 individuals appointed by the Assistant
Secretary, of whom--</DELETED>
<DELETED> (i) at least 3 individuals shall
have a doctoral degree in
anthropology;</DELETED>
<DELETED> (ii) at least 3 individuals shall
have a doctoral degree in genealogy;</DELETED>
<DELETED> (iii) at least 2 individuals shall
have a doctor of jurisprudence degree;
and</DELETED>
<DELETED> (iv) at least 1 individual shall
be qualified as a historian, as determined by
the Assistant Secretary.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) Status as employees.--A member of the
Board shall not be considered to be an employee of the
Department.</DELETED>
<DELETED> (3) Tenure; reimbursement.--</DELETED>
<DELETED> (A) Tenure.--A member of the Board--
</DELETED>
<DELETED> (i) shall be appointed for an
initial term of 2 years; and</DELETED>
<DELETED> (ii) may be reappointed for such
additional terms as the Assistant Secretary
determines to be appropriate.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Review and advice.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) the Assistant Secretary is
unable to determine the sufficiency of evidence
for 1 or more of those requirements.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Level of review.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) confine the review
to--</DELETED>
<DELETED> (aa) the evidence
submitted; or</DELETED>
<DELETED> (bb) the proposed
findings issued under section
4(d)(1)(B);</DELETED>
<DELETED> (II) extend the review to
the evidence submitted by petitioners
and interested parties;</DELETED>
<DELETED> (III) request that the
Assistant Secretary request additional
submissions by petitioners or
interested parties; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Assistance to Petitioners and Interested Parties.--
</DELETED>
<DELETED> (1) Grants.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) a petition (including related
evidence or documents); or</DELETED>
<DELETED> (ii) a legal argument in support
of or in opposition to a petition.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Federal Acknowledgment Research Pilot Project.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Composition.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (B) Proposals.--The Assistant Secretary
shall--</DELETED>
<DELETED> (i) invite each institution
identified under subparagraph (A) to submit to
the Assistant Secretary a proposal for
participation in the pilot project;
and</DELETED>
<DELETED> (ii) approve not more than 3
proposals submitted under clause (i).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) review submissions described in
paragraph (1); and</DELETED>
<DELETED> (B) submit to the Assistant Secretary
conclusions and recommendations of the research team
that are based on the submissions reviewed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 7. INAPPLICABILITY OF FOIA.</DELETED>
<DELETED> (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 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--</DELETED>
<DELETED> (1) the petition has been fully documented;
and</DELETED>
<DELETED> (2) the Assistant Secretary has published a notice
in accordance with section 4(c)(1)(A).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Assistance From Attorney General.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 8. EFFECT AND IMPLEMENTATION OF DECISIONS.</DELETED>
<DELETED> (a) In General.--The acknowledgment of any petitioner
under this Act shall not reduce or eliminate--</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Eligibility for Services and Benefits.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) have a government-to-government
relationship with the United States;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) have the responsibilities,
obligations, privileges, and immunities of those other
Indian tribes.</DELETED>
<DELETED> (2) Programs of the bureau.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Availability of programs.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Needs Determination and Budget Request.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) a determination of the needs of the
Indian tribe; and</DELETED>
<DELETED> (B) a recommended budget required to serve
the Indian tribe.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 9. REGULATIONS.</DELETED>
<DELETED> The Secretary may--</DELETED>
<DELETED> (1) promulgate such regulations as are necessary
to carry out this Act; and</DELETED>
<DELETED> (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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Acknowledgment Process
Reform Act of 2004''.
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 administrative 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 administrative acknowledgment process; and
(6) the Federal administrative 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 by administrative process, it does
so with a consistent legal, factual, and historical basis;
(2) to provide clear and consistent standards to review
documented petitions for acknowledgment by administrative
process; 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 in a State
(excluding Hawaii) 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
(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, in consultation with the petitioner and interested parties,
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.--Not later than 360 days after 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) Extension.--For good cause, the Assistant Secretary may
extend the publication date for a period of not more than 180
days.
(3) Content of review.--The review conducted under
paragraph (1) shall include consideration of--
(A) the petition;
(B) any supporting evidence;
(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; and
(D) submissions of interested parties submitted
under subsection (c)(1)(B)(v) and within the schedule
established under subsection (c)(2).
(4) 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 proposed findings or final
determination regarding a petition.
(5) 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.
(6) 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 and interested parties an
opportunity to respond to the proposed findings of the
Assistant Secretary, 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) Deadline for issuance of final determination.--A final
determination under paragraph (1) shall be made not later than
360 days after publication of the proposed findings in the
Federal Register.
(4) 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.--
(A) In general.--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.
(B) Applicability of other law.--Nothing in
paragraph (1) affects the applicability of chapter 7 of
title 5, United States Code (commonly known as the
``Administrative Procedure Act''), or any other rights
under any other law.
(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 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 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 11
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
demonstrated expertise in genealogy;
(iii) at least 2 individuals shall have a
doctor of jurisprudence degree; and
(iv) at least 3 individuals shall have a
doctoral degree as a historian.
(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
criteria 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 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.
Calendar No. 794
108th CONGRESS
2d Session
S. 297
[Report No. 108-403]
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A BILL
To provide reforms and resources to the Bureau of Indian Affairs to
improve the Federal acknowledgment process, and for other purposes.
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November 10, 2004
Reported with an amendment