,,ib ,union ,calendar ,no4 #gda #aaeth ,,congress #b;d ,session ,h4 ,r4 #cgdd ,report ,no4 #aae-iec ,,in ,,the ,,house ,,of ,,representatives ,september #ab1 #bjag ,mr4 ,bishop of ,utah introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,september #bj1 #bjah;,additional sponsor3 ,mr4 ,gosar ,september #bj1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,september #ab1 #bjag ,a ,,bill ,to provide that an ,indian group may receive ,federal acknowledgment as an ,indian tribe only by an ,act of ,congress4 #a4 ,short title ,this ,act may be cited as the ,tribal ,recognition ,act of #bjah4 #b4 ,findings ,congress finds as follows3 7#a7 ,article ,i1 section #h1 clause #c of the ,constitution 7commonly known as the ,indian ,commerce ,clause7 gives ,congress authority over ,indian affairs4 7#b7 ,such authority is plenary and exclusive4 7#c7 ,such authority may not be exercised by the judicial branch or by the executive branch 7except to the extent that such authority has been expressly delegated to the executive branch by an ,act of ,congress74 #c4 ,definitions ,as used in this ,act3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,indian ,affairs1 or that officer's authorized representative4 7#b7 ,autonomous ,the term autonomous means the exercise of political influence or authority independent of the control of any other ,indian governing entity4 ,autonomous must be understood in the context of the history1 geography1 culture1 and social organization of the petitioning group4 7#c7 ,community ,the term ,community means any group of people who can demonstrate that consistent interactions and significant social relationships exist within its membership and that its members are differentiated from and identified as distinct from nonmembers4 ,community must be understood in the context of the history1 geography1 culture1 and social organization of the group4 7#d7 ,continental ,united ,states ,the term continental ,united ,states means the contiguous #dh ,states and ,alaska4 7#e7 ,continuously or continuous ,the term continuously or continuous means extending from first sustained contact with non-,indians throughout the group's history to the present substantially without interruption4 7#f7 ,documented petition ,the term documented petition means the detailed arguments made by a petitioner to substantiate its claim to continuous existence as an ,indian tribe1 together with the factual exposition and all documentary evidence necessary to demonstrate that these arguments address the mandatory criteria4 7#g7 ,historically1 historical1 or history ,the term historically1 historical1 or history means dating from first sustained contact with non-,indians4 7#h7 ,indian group or group ,the term ,indian group or group means any ,indian or ,alaska ,native aggregation within the continental ,united ,states that the ,secretary of the ,interior does not acknowledge to be an ,indian tribe4 ,indian tribe1 also referred to herein as tribe1 means any ,indian or ,alaska ,native tribe1 band1 pueblo1 village1 or community within the continental ,united ,states that the ,secretary of the ,interior has lawfully acknowledged as an ,indian tribe4 7#i7 ,indigenous ,the term indigenous means native to the continental ,united ,states in that at least part of the petitioner's territory at the time of sustained contact extended into what is now the continental ,united ,states4 7#aj7 ,informed party ,the term informed party means any person or organization1 other than an interested party1 who requests an opportunity to submit comments or evidence or to be kept informed of general actions regarding a specific petitioner4 7#aa7 ,interested party ,the term interested party means any person1 organization1 or other entity who can establish a legal1 factual1 or property interest in an acknowledgment determination and who requests an opportunity to submit comments or evidence or to be kept informed of general actions regarding a specific petitioner4 ,interested party includes the ,governor and attorney general of the ,state in which a petitioner is located1 and may include1 but is not limited to1 local governmental units1 and any recognized ,indian tribes and unrecognized ,indian groups that might be affected by an acknowledgment determination4 7#ab7 ,letter of intent ,the term letter of intent means an undocumented letter or resolution by which an ,indian group requests ,federal acknowledgment as an ,indian tribe and expresses its intent to submit a documented petition4 7#ac7 ,petitioner ,the term petitioner means any entity that has submitted a letter of intent to the ,secretary requesting acknowledgment that it is an ,indian tribe4 7#ad7 ,political influence or authority ,the term political influence or authority means a tribal council1 leadership1 internal process1 or other mechanism which the group has used as a means of influencing or controlling the behavior of its members in significant respects1 and making decisions for the group which substantially affect its members1 and representing the group in dealing with outsiders in matters of consequence4 ,this process is to be understood in the context of the history1 culture1 and social organization of the group4 7#ae7 ,previous ,federal acknowledgment ,the term previous ,federal acknowledgment means action by the ,federal ,government clearly premised on identification of a tribal political entity and indicating clearly the recognition of a relationship between that entity and the ,united ,states4 7#af7 ,secretary ,the term ,secretary means the ,secretary of the ,interior or that officer's authorized representative4 7#ag7 ,sustained contact ,the term sustained contact means the period of earliest sustained non-,indian settlement or governmental presence in the local area in which the historical tribe or tribes from which the petitioner descends was located historically4 #d4 ,groups eligible to submit petitions 7a7 ,eligible groups ,indian groups indigenous to the continental ,united ,states that are not federally recognized ,indian tribes on the date of the enactment of this ,act may submit a petition under this ,act4 7b7 ,ineligible groups ,the following may not submit a petition under this ,act3 7#a7 ,splinter groups1 political factions1 communities1 or groups of any character that separate from the main body of a federally recognized ,indian tribe1 unless they can establish clearly that they have functioned throughout history until the present as an autonomous tribal entity1 even if they have been regarded by some as part of or have been associated in some manner with a federally recognized ,indian tribe4 7#b7 ,indian tribes1 organized bands1 pueblos1 ,alaska native villages1 or communities that have been lawfully acknowledged to be federally recognized ,indian tribes and are receiving services from the ,bureau of ,indian ,affairs4 7#c7 ,groups that petitioned and were denied ,federal acknowledgment under part #hc of title #be1 ,code of ,federal ,regulations1 including reorganized or reconstituted petitioners previously denied1 or splinter groups1 spin-offs1 or component groups of any type that were once part of petitioners previously denied4 7#d7 ,groups for which a documented petition has not been filed pursuant to section #i by the date that is #e years after the date of the enactment of this ,act4 7c7 ,groups with petitions in progress ,this ,act1 including the criteria in section #g1 shall apply to any ,indian group whose documented petition was submitted and not denied on the date of the enactment of this ,act4 #e4 ,filing a letter of intent ,any eligible ,indian group in the continental ,united ,states that believes it should be acknowledged as an ,indian tribe and that it can satisfy the criteria in this ,act may submit a letter of intent requesting acknowledgment that an ,indian group exists as an ,indian tribe4 ,the letter of intent submitted under this section-- 7#a7 shall be filed with the ,assistant ,secretary2 7#b7 may be filed in advance of1 or at the same time as1 a group's documented petition2 and 7#c7 shall be produced1 dated1 and signed by the governing body of an ,indian group4 #f4 ,duties of the ,assistant ,secretary 7a7 ,guidelines ,the ,assistant ,secretary shall make available guidelines for the preparation of documented petitions4 ,these guidelines-- 7#a7 shall include an explanation of the criteria1 a discussion of the types of evidence which may be used to demonstrate particular criteria1 and general suggestions and guidelines on how and where to conduct research2 7#b7 shall include an example of a documented petition format which shall provide guidance1 but not preclude the use of any other format2 and 7#c7 may be supplemented or updated as necessary4 7b7 ,research and preparation of petition ,the ,assistant ,secretary-- 7#a7 shall provide petitioners with suggestions and advice regarding preparation of the documented petition2 and 7#b7 shall not be responsible for the actual research on behalf of the petitioner4 #g4 ,criteria for ,federal acknowledgment ,the criteria for consideration for ,federal acknowledgment are1 at a minimum1 the following3 7#a7 ,the petitioner has been identified as an ,american ,indian entity on a substantially continuous basis since #aijj4 ,evidence that the group's character as an ,indian entity has from time to time been denied shall not be considered to be conclusive evidence that this criterion has not been met4 ,evidence to be relied upon in determining a group's ,indian identity may include one or a combination of the following1 as well as other evidence of identification by other than the petitioner itself or its members3 7,a7 ,identification as an ,indian entity by ,federal authorities4 7,b7 ,relationships with ,state governments based on identification of the group as ,indian4 7,c7 ,dealings with a county1 parish1 or other local government in a relationship based on the group's ,indian identity4 7,d7 ,identification as an ,indian entity by anthropologists1 historians1 or other scholars4 7,e7 ,identification as an ,indian entity in newspapers and books4 7,f7 ,identification as an ,indian entity in relationships with ,indian tribes or with national1 regional1 or ,state ,indian organizations4 7#b7 ,a predominant portion of the petitioning group comprises a distinct community and has existed as a community from historical times until the present4 7,a7 ,this criterion may be demonstrated by some combination of the following evidence and other evidence that the petitioner meets the definition of community3 7i7 ,significant rates of marriage within the group1 or1 as may be culturally required1 patterned out-marriages with other ,indian populations4 7ii7 ,significant social relationships connecting individual members4 7iii7 ,significant rates of informal social interaction which exist broadly among the members of a group4 7iv7 ,a significant degree of shared or cooperative labor or other economic activity among the membership4 7v7 ,evidence of strong patterns of discrimination or other social distinctions by nonmembers4 7vi7 ,shared sacred or secular ritual activity encompassing most of the group4 7vii7 ,cultural patterns shared among a significant portion of the group that are different from those of the non-,indian populations with whom it interacts4 ,these patterns must function as more than a symbolic identification of the group as ,indian4 ,they may include1 but are not limited to1 language1 kinship organization1 or religious beliefs and practices4 7viii7 ,the persistence of a named1 collective ,indian identity continuously over a period of more than #ej years1 notwithstanding changes in name4 7ix7 ,a demonstration of historical political influence under the criterion in paragraph 7#c7 shall be evidence for demonstrating historical community4 7,b7 ,a petitioner shall be considered to have provided sufficient evidence of community at a given point in time if evidence is provided to demonstrate any one of the following3 7i7 ,more than #ej percent of the members reside in a geographical area exclusively or almost exclusively composed of members of the group1 and the balance of the group maintains consistent interaction with some members of the community4 7ii7 ,at least #ej percent of the marriages in the group are between members of the group4 7iii7 ,at least #ej percent of the group members maintain distinct cultural patterns such as1 but not limited to1 language1 kinship organization1 or religious beliefs and practices4 7iv7 ,there are distinct community social institutions encompassing most of the members1 such as kinship organizations1 formal or informal economic cooperation1 or religious organizations4 7v7 ,the group has met the criterion in paragraph 7#c7 using evidence described in paragraph 7#c77;,b74 7#c7 ,the petitioner has maintained political influence or authority over its members as an autonomous entity from historical times until the present4 7,a7 ,this criterion may be demonstrated by some combination of the evidence listed below and by other evidence that the petitioner meets the definition of political influence or authority3 7i7 ,the group is able to mobilize significant numbers of members and significant resources from its members for group purposes4 7ii7 ,most of the membership considers issues acted upon or actions taken by group leaders or governing bodies to be of importance4 7iii7 ,there is widespread knowledge1 communication1 and involvement in political processes by most of the group's members4 7iv7 ,the group meets the criterion in paragraph 7#b7 at more than a minimal level4 7v7 ,there are internal conflicts which show controversy over valued group goals1 properties1 policies1 processes1 and decisions4 7,b7 ,a petitioning group shall be considered to have provided sufficient evidence to demonstrate the exercise of political influence or authority at a given point in time by demonstrating that group leaders and other mechanisms exist or existed which-- 7i7 allocate group resources such as land1 residence rights1 and the like on a consistent basis2 7ii7 settle disputes between members or subgroups by mediation or other means on a regular basis2 7iii7 exert strong influence on the behavior of individual members1 such as the establishment or maintenance of norms and the enforcement of sanctions to direct or control behavior2 and 7iv7 organize or influence economic subsistence activities among the members1 including shared or cooperative labor4 7,c7 ,a group that has met the requirements in paragraph 7#b77;,b7 at a given point in time shall be considered to have provided sufficient evidence to meet this criterion at that point in time4 7#d7 ,a copy of the group's present governing document including its membership criteria4 ,in the absence of a written document1 the petitioner must provide a statement describing in full its membership criteria and current governing procedures4 7#e7 ,the petitioner's membership consists of individuals who descend from a historical ,indian tribe or from historical ,indian tribes which combined and functioned as a single autonomous political entity4 7,a7 ,some types of evidence that can be used for this purpose include the following3 7i7 ,rolls prepared by the ,secretary on a descendancy basis for purposes of distributing claims money1 providing allotments1 or other purposes4 7ii7 ,state1 ,federal1 or other official records or evidence identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity4 7iii7 ,church1 school1 and other similar enrollment records identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity4 7iv7 ,affidavits of recognition by tribal elders1 leaders1 or the tribal governing body identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity4 7v7 ,other records or evidence identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity4 7,b7 ,the petitioner must provide an official membership list1 separately certified by the group's governing body1 of all known current members of the group4 ,this list must include each member's full name 7including maiden name71 date of birth1 and current residential address4 ,the petitioner must also provide a copy of each available former list of members based on the group's own defined criteria1 as well as a statement describing the circumstances surrounding the preparation of the current list and1 insofar as possible1 the circumstances surrounding the preparation of former lists4 7#f7 ,the membership of the petitioning group is composed principally of persons who are not members of any acknowledged ,north ,american ,indian tribe4 ,however1 under certain conditions a petitioning group may be acknowledged even if its membership is composed principally of persons whose names have appeared on rolls of1 or who have been otherwise associated with1 an acknowledged ,indian tribe4 ,the conditions are that the group must establish that it has functioned throughout history until the present as a separate and autonomous ,indian tribal entity1 that its members do not maintain a bilateral political relationship with the acknowledged tribe1 and that its members have provided written confirmation of their membership in the petitioning group4 7#g7 ,neither the petitioner nor its members are the subject of an ,act of ,congress that has expressly terminated or forbidden the ,federal relationship4 #h4 ,previous ,federal acknowledgment 7a7 ,in general ,unambiguous previous ,federal acknowledgment shall be acceptable evidence of the tribal character of a petitioner to the date of the last such previous acknowledgment4 ,if a petitioner provides substantial evidence of unambiguous ,federal acknowledgment1 the petitioner shall only be required to demonstrate that it meets the requirements of section #g to the extent required by this section4 ,a determination of the adequacy of the evidence of previous ,federal action acknowledging tribal status shall be made during the technical assistance review of the documented petition conducted pursuant to section #aj7;b74 7b7 ,evidence ,evidence to demonstrate previous ,federal acknowledgment includes evidence that the group-- 7#a7 has had treaty relations with the ,united ,states2 7#b7 has been denominated a tribe by an ,act of ,congress or ,executive order2 and 7#c7 has been treated by the ,federal ,government as having collective rights in tribal lands or funds4 #i4 ,notice of receipt of a petition 7a7 ,in general ,not later than #cj days after receiving a letter of intent1 or a documented petition if a letter of intent has not previously been received and noticed1 the ,assistant ,secretary shall acknowledge to the sender such receipt in writing4 ,notice under this subsection shall-- 7#a7 include the name1 location1 and mailing address of the petitioner and such other information to identify the entity submitting the letter of intent or documented petition and the date it was received2 7#b7 serve to announce the opportunity for interested parties and informed parties to submit factual or legal arguments in support of or in opposition to the petitioner's request for acknowledgment or to request to be kept informed of all general actions affecting the petition2 and 7#c7 indicate where a copy of the letter of intent and the documented petition may be examined4 7b7 ,notice to ,state governments ,the ,assistant ,secretary shall notify1 in writing-- 7#a7 the ,governor and attorney general of the ,state or ,states in which a petitioner is located2 and 7#b7 any recognized tribe and any other petitioner that-- 7,a7 appears to have a historical or present relationship with the petitioner2 or 7,b7 may otherwise be considered to have a potential interest in the acknowledgment determination4 7c7 ,publication ,not later than #fj days after receiving a letter of intent1 or a documented petition if a letter of intent has not previously been received and noticed1 the ,assistant ,secretary shall have the notice required under this section published-- 7#a7 in the ,federal ,register2 and 7#b7 in a major newspaper or newspapers of general circulation in the town or city nearest to the petitioner4 #aj4 ,processing of the documented petition 7a7 ,review ,upon receipt of a documented petition1 the ,assistant ,secretary-- 7#a7 shall cause a review to be conducted to determine the extent to which the petitioner has met the criteria set forth in section #g2 7#b7 shall include consideration of the documented petition and the factual statements contained therein2 7#c7 may initiate other research for any purpose relative to analyzing the documented petition and obtaining additional information about the petitioner's status2 and 7#d7 may consider any evidence which may be submitted by interested parties or informed parties4 7b7 ,technical assistance 7#a7 ,prior to review of the documented petition under subsection 7a71 the ,assistant ,secretary shall conduct a preliminary review of the petition in order to provide technical assistance to the petitioner4 7#b7 ,the review under paragraph 7#a7 shall be a preliminary review for the purpose of providing the petitioner an opportunity to supplement or revise the documented petition prior to the review under subsection 7a74 ,insofar as possible1 technical assistance reviews under this paragraph will be conducted in the order of receipt of documented petitions4 ,however1 technical assistance reviews will not have priority over active consideration of documented petitions4 7#c7 ,after the technical assistance review1 the ,assistant ,secretary shall notify the petitioner by letter of any obvious deficiencies or significant omissions apparent in the documented petition and provide the petitioner with an opportunity to withdraw the documented petition for further work or to submit additional information4 7#d7 ,if a petitioner's documented petition claims previous ,federal acknowledgment or includes evidence of previous ,federal acknowledgment1 the technical assistance review shall also include a review to determine whether that evidence is sufficient to meet the requirements of previous ,federal acknowledgment4 7c7 ,response to technical assistance review 7#a7 ,petitioners may respond in part or in full to the technical assistance review letter or request1 in writing1 that the ,assistant ,secretary proceed with the active consideration of the documented petition using the materials already submitted4 7#b7 ,if the petitioner requests that the materials submitted in response to the technical assistance review letter be again reviewed for adequacy1 the ,assistant ,secretary shall provide the additional review4 7#c7 ,if the assertion of previous ,federal acknowledgment under section #h cannot be substantiated during the technical assistance review1 the petitioner may respond by providing additional evidence4 ,a petitioner that claims previous ,federal acknowledgment and fails to respond to a technical assistance review letter under this subsection1 or whose response fails to establish the claim1 shall have its documented petition considered on the same basis as documented petitions submitted by groups not claiming previous ,federal acknowledgment4 ,petitioners that fail to demonstrate previous ,federal acknowledgment after a review of materials submitted in response to the technical assistance review shall be so notified4 ,such petitioners may submit additional materials concerning previous acknowledgment during the course of active consideration4 7d7 ,consideration of documented petitions ,the ,assistant ,secretary shall-- 7#a7 review documented petitions in the order that they are determined ready for review2 7#b7 establish and maintain a numbered register of documented petitions which have been determined ready for active consideration2 7#c7 maintain a numbered register of letters of intent or incomplete petitions based on the original date the item was received by the ,department of the ,interior2 and 7#d7 use the register of letters of intent or incomplete petitions to determine the order of review by the ,assistant ,secretary if two or more documented petitions are determined ready for review on the same date4 7e7 ,report ,not later than #a year after notifying the petitioner that review of the documented petition has begun1 the ,assistant ,secretary shall-- 7#a7 submit a report including a summary of the evidence1 findings1 petition1 and supporting documentation1 to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,indian ,affairs of the ,senate2 7#b7 notify the petitioner and interested parties that the review is complete and the report required under paragraph 7#a7 has been submitted2 7#c7 provide copies of the report to the petitioner and interested parties2 and 7#d7 provide copies of the report to informed parties and others upon written request4 #aa4 ,clarification of ,federal recognition authority 7a7 ,act of ,congress required ,an ,indian group may receive ,federal acknowledgment 7or reacknowledgment7 as an ,indian tribe only by an ,act of ,congress4 ,the ,secretary may not grant ,federal acknowledgment 7or reacknowledgment7 to any ,indian group4 7b7 ,previous acknowledgment ,this ,act shall not affect the status of any ,indian tribe that was federally acknowledged before the date of the enactment of this ,act4 #ab4 ,force and effect of regulations ,part #hc of title #be1 ,code of ,federal ,regulations1 shall have no force or effect1 and section #a4b of title #be1 ,code of ,federal ,regulations1 with respect to any regulation promulgated by the ,secretary pursuant to this ,act1 shall have no force or effect4 #ac4 ,trust land reaffirmation ,all land taken into trust by the ,united ,states under or pursuant to the ,act of ,june #ah1 #aicd 7#be ,u4,s4,c4 #eaja et seq471 before ,february #bd1 #bjji1 for the benefit of an ,indian tribe that was federally recognized on the date that the land was taken into trust is hereby reaffirmed as trust land4 ,september #bj1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed