th st congress session h. r. 3764
TRANSCRIPT
I
114TH CONGRESS 1ST SESSION H. R. 3764
To provide that an Indian group may receive Federal acknowledgment as
an Indian tribe only by an Act of Congress, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 20, 2015
Mr. BISHOP of Utah introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL To provide that an Indian group may receive Federal ac-
knowledgment as an Indian tribe only by an Act of
Congress, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Tribal Recognition Act 4
of 2015’’. 5
SEC. 2. FINDINGS. 6
Congress finds as follows: 7
(1) Article I, section 8, clause 3 of the Con-8
stitution (commonly known as the ‘‘Indian Com-9
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merce Clause’’) gives Congress authority over Indian 1
affairs. 2
(2) Such authority is plenary and exclusive. 3
(3) Such authority may not be exercised by the 4
executive branch, except as expressly delegated by 5
an Act of Congress (or by a treaty ratified by the 6
Senate before March 1871). 7
SEC. 3. DEFINITIONS. 8
As used in this Act: 9
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-10
ant Secretary’’ means the Assistant Secretary of In-11
dian Affairs, or that officer’s authorized representa-12
tive. 13
(2) AUTONOMOUS.—The term ‘‘autonomous’’ 14
means the exercise of political influence or authority 15
independent of the control of any other Indian gov-16
erning entity. Autonomous must be understood in 17
the context of the history, geography, culture and 18
social organization of the petitioning group. 19
(3) COMMUNITY.—The term ‘‘Community’’ 20
means any group of people which can demonstrate 21
that consistent interactions and significant social re-22
lationships exist within its membership and that its 23
members are differentiated from and identified as 24
distinct from nonmembers. Community must be un-25
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derstood in the context of the history, geography, 1
culture and social organization of the group. 2
(4) CONTINENTAL UNITED STATES.—The term 3
‘‘continental United States’’ means the contiguous 4
48 States and Alaska. 5
(5) CONTINUOUSLY OR CONTINUOUS.—The 6
term ‘‘continuously or continuous’’ means extending 7
from first sustained contact with non-Indians 8
throughout the group’s history to the present sub-9
stantially without interruption. 10
(6) DOCUMENTED PETITION.—The term ‘‘docu-11
mented petition’’ means the detailed arguments 12
made by a petitioner to substantiate its claim to con-13
tinuous existence as an Indian tribe, together with 14
the factual exposition and all documentary evidence 15
necessary to demonstrate that these arguments ad-16
dress the mandatory criteria. 17
(7) HISTORICALLY, HISTORICAL OR HISTORY.— 18
The term ‘‘historically, historical or history’’ means 19
dating from first sustained contact with non-Indians. 20
(8) INDIAN GROUP OR GROUP.—The term ‘‘In-21
dian group or group’’ means any Indian or Alaska 22
Native aggregation within the continental United 23
States that the Secretary of the Interior does not ac-24
knowledge to be an Indian tribe. Indian tribe, also 25
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referred to herein as tribe, means any Indian or 1
Alaska Native tribe, band, pueblo, village, or com-2
munity within the continental United States that the 3
Secretary of the Interior has lawfully acknowledged 4
as an Indian tribe. 5
(9) INDIGENOUS.—The term ‘‘indigenous’’ 6
means native to the continental United States in 7
that at least part of the petitioner’s territory at the 8
time of sustained contact extended into what is now 9
the continental United States. 10
(10) INFORMED PARTY.—The term ‘‘informed 11
party’’ means any person or organization, other than 12
an interested party, who requests an opportunity to 13
submit comments or evidence or to be kept informed 14
of general actions regarding a specific petitioner. 15
(11) INTERESTED PARTY.—The term ‘‘inter-16
ested party’’ means any person, organization or 17
other entity who can establish a legal, factual or 18
property interest in an acknowledgment determina-19
tion and who requests an opportunity to submit 20
comments or evidence or to be kept informed of gen-21
eral actions regarding a specific petitioner. ‘‘Inter-22
ested party’’ includes the governor and attorney gen-23
eral of the State in which a petitioner is located, and 24
may include, but is not limited to, local govern-25
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mental units, and any recognized Indian tribes and 1
unrecognized Indian groups that might be affected 2
by an acknowledgment determination. 3
(12) LETTER OF INTENT.—The term ‘‘letter of 4
intent’’ means an undocumented letter or resolution 5
by which an Indian group requests Federal acknowl-6
edgment as an Indian tribe and expresses its intent 7
to submit a documented petition. 8
(13) PETITIONER.—The term ‘‘petitioner’’ 9
means any entity that has submitted a letter of in-10
tent to the Secretary requesting acknowledgment 11
that it is an Indian tribe. 12
(14) POLITICAL INFLUENCE OR AUTHORITY.— 13
The term ‘‘political influence or authority’’ means a 14
tribal council, leadership, internal process or other 15
mechanism which the group has used as a means of 16
influencing or controlling the behavior of its mem-17
bers in significant respects, and/or making decisions 18
for the group which substantially affect its members, 19
and/or representing the group in dealing with out-20
siders in matters of consequence. This process is to 21
be understood in the context of the history, culture 22
and social organization of the group. 23
(15) PREVIOUS FEDERAL ACKNOWLEDG-24
MENT.—The term ‘‘previous Federal acknowledg-25
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ment’’ means action by the Federal Government 1
clearly premised on identification of a tribal political 2
entity and indicating clearly the recognition of a re-3
lationship between that entity and the United 4
States. 5
(16) SECRETARY.—The term ‘‘Secretary’’ 6
means the Secretary of the Interior or that officer’s 7
authorized representative. 8
(17) SUSTAINED CONTACT.—The term ‘‘sus-9
tained contact’’ means the period of earliest sus-10
tained non-Indian settlement and/or governmental 11
presence in the local area in which the historical 12
tribe or tribes from which the petitioner descends 13
was located historically. 14
SEC. 4. GROUPS ELIGIBLE TO SUBMIT PETITIONS. 15
(a) ELIGIBLE GROUPS.—Indian groups indigenous to 16
the continental United States that are not federally recog-17
nized Indian tribes on the date of the enactment of this 18
Act may submit a petition under this Act. 19
(b) INELIGIBLE GROUPS.—The following may not 20
submit a petition under this Act: 21
(1) Splinter groups, political factions, commu-22
nities or groups of any character that separate from 23
the main body of a federally recognized Indian tribe, 24
unless they can establish clearly that they have func-25
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tioned throughout history until the present as an au-1
tonomous tribal entity, even if they have been re-2
garded by some as part of or have been associated 3
in some manner with a federally recognized Indian 4
tribe. 5
(2) Indian tribes, organized bands, pueblos, 6
Alaska native villages, or communities that have 7
been lawfully acknowledged to be federally recog-8
nized Indian tribes and are receiving services from 9
the Bureau of Indian Affairs. 10
(3) Groups that petitioned and were denied 11
Federal acknowledgment under part 83 of title 25, 12
Code of Federal Regulations, including reorganized 13
or reconstituted petitioners previously denied, or 14
splinter groups, spin-offs, or component groups of 15
any type that were once part of petitioners pre-16
viously denied. 17
(c) GROUPS WITH PETITIONS IN PROGRESS.—This 18
Act, including the criteria in section 7, shall apply to any 19
Indian group whose documented petition was submitted 20
and not denied on the date of the enactment of this Act. 21
SEC. 5. FILING A LETTER OF INTENT. 22
Any Indian group in the continental United States 23
that believes it should be acknowledged as an Indian tribe 24
and that it can satisfy the criteria in this Act may submit 25
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a letter of intent requesting acknowledgment that an In-1
dian group exists as an Indian tribe. The letter of intent 2
submitted under this section— 3
(1) shall be filed with the Assistant Secretary— 4
Indian Affairs, Department of the Interior; 5
(2) may be filed in advance of, or at the same 6
time as, a group’s documented petition; and 7
(3) shall be produced, dated and signed by the 8
governing body of an Indian group. 9
SEC. 6. DUTIES OF THE ASSISTANT SECRETARY. 10
(a) GUIDELINES.—The Assistant Secretary shall 11
make available guidelines for the preparation of docu-12
mented petitions. These guidelines shall— 13
(1) include an explanation of the criteria, a dis-14
cussion of the types of evidence which may be used 15
to demonstrate particular criteria, and general sug-16
gestions and guidelines on how and where to conduct 17
research; 18
(2) include an example of a documented peti-19
tion format which shall provide guidance, but not 20
preclude the use of any other format; and 21
(3) may be supplemented or updated as nec-22
essary. 23
(b) RESEARCH AND PREPARATION OF PETITION.— 24
The Assistant Secretary— 25
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(1) shall provide petitioners with suggestions 1
and advice regarding preparation of the documented 2
petition; and 3
(2) shall not be responsible for the actual re-4
search on behalf of the petitioner. 5
SEC. 7. CRITERIA FOR FEDERAL ACKNOWLEDGMENT. 6
The criteria for consideration for Federal acknowl-7
edgment is, at a minimum, the following: 8
(1) The petitioner has been identified as an 9
American Indian entity on a substantially contin-10
uous basis since 1900. Evidence that the group’s 11
character as an Indian entity has from time to time 12
been denied shall not be considered to be conclusive 13
evidence that this criterion has not been met. Evi-14
dence to be relied upon in determining a group’s In-15
dian identity may include one or a combination of 16
the following, as well as other evidence of identifica-17
tion by other than the petitioner itself or its mem-18
bers: 19
(A) Identification as an Indian entity by 20
Federal authorities. 21
(B) Relationships with State governments 22
based on identification of the group as Indian. 23
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(C) Dealings with a county, parish, or 1
other local government in a relationship based 2
on the group’s Indian identity. 3
(D) Identification as an Indian entity by 4
anthropologists, historians, and/or other schol-5
ars. 6
(E) Identification as an Indian entity in 7
newspapers and books. 8
(F) Identification as an Indian entity in 9
relationships with Indian tribes or with na-10
tional, regional, or State Indian organizations. 11
(2) A predominant portion of the petitioning 12
group comprises a distinct community and has ex-13
isted as a community from historical times until the 14
present. 15
(A) This criterion may be demonstrated by 16
some combination of the following evidence and/ 17
or other evidence that the petitioner meets the 18
definition of community: 19
(i) Significant rates of marriage with-20
in the group, and/or, as may be culturally 21
required, patterned out-marriages with 22
other Indian populations. 23
(ii) Significant social relationships 24
connecting individual members. 25
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(iii) Significant rates of informal so-1
cial interaction which exist broadly among 2
the members of a group. 3
(iv) A significant degree of shared or 4
cooperative labor or other economic activity 5
among the membership. 6
(v) Evidence of strong patterns of dis-7
crimination or other social distinctions by 8
nonmembers. 9
(vi) Shared sacred or secular ritual 10
activity encompassing most of the group. 11
(vii) Cultural patterns shared among 12
a significant portion of the group that are 13
different from those of the non-Indian pop-14
ulations with whom it interacts. These pat-15
terns must function as more than a sym-16
bolic identification of the group as Indian. 17
They may include, but are not limited to, 18
language, kinship organization, or religious 19
beliefs and practices. 20
(viii) The persistence of a named, col-21
lective Indian identity continuously over a 22
period of more than 50 years, notwith-23
standing changes in name. 24
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(ix) A demonstration of historical po-1
litical influence under the criterion in para-2
graph (3) shall be evidence for dem-3
onstrating historical community. 4
(B) A petitioner shall be considered to 5
have provided sufficient evidence of community 6
at a given point in time if evidence is provided 7
to demonstrate any one of the following: 8
(i) More than 50 percent of the mem-9
bers reside in a geographical area exclu-10
sively or almost exclusively composed of 11
members of the group, and the balance of 12
the group maintains consistent interaction 13
with some members of the community. 14
(ii) At least 50 percent of the mar-15
riages in the group are between members 16
of the group. 17
(iii) At least 50 percent of the group 18
members maintain distinct cultural pat-19
terns such as, but not limited to, language, 20
kinship organization, or religious beliefs 21
and practices. 22
(iv) There are distinct community so-23
cial institutions encompassing most of the 24
members, such as kinship organizations, 25
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formal or informal economic cooperation, 1
or religious organizations. 2
(v) The group has met the criterion in 3
paragraph (3) using evidence described in 4
paragraph (3)(B). 5
(3) The petitioner has maintained political in-6
fluence or authority over its members as an autono-7
mous entity from historical times until the present. 8
(A) This criterion may be demonstrated by 9
some combination of the evidence listed below 10
and/or by other evidence that the petitioner 11
meets the definition of political influence or au-12
thority: 13
(i) The group is able to mobilize sig-14
nificant numbers of members and signifi-15
cant resources from its members for group 16
purposes. 17
(ii) Most of the membership considers 18
issues acted upon or actions taken by 19
group leaders or governing bodies to be of 20
importance. 21
(iii) There is widespread knowledge, 22
communication and involvement in political 23
processes by most of the group’s members. 24
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(iv) The group meets the criterion in 1
paragraph (2) at more than a minimal 2
level. 3
(v) There are internal conflicts which 4
show controversy over valued group goals, 5
properties, policies, processes and/or deci-6
sions. 7
(B) A petitioning group shall be considered 8
to have provided sufficient evidence to dem-9
onstrate the exercise of political influence or au-10
thority at a given point in time by dem-11
onstrating that group leaders and/or other 12
mechanisms exist or existed which— 13
(i) allocate group resources such as 14
land, residence rights and the like on a 15
consistent basis; 16
(ii) settle disputes between members 17
or subgroups by mediation or other means 18
on a regular basis; 19
(iii) exert strong influence on the be-20
havior of individual members, such as the 21
establishment or maintenance of norms 22
and the enforcement of sanctions to direct 23
or control behavior; and 24
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(iv) organize or influence economic 1
subsistence activities among the members, 2
including shared or cooperative labor. 3
(C) A group that has met the requirements 4
in paragraph (2)(B) at a given point in time 5
shall be considered to have provided sufficient 6
evidence to meet this criterion at that point in 7
time. 8
(4) A copy of the group’s present governing 9
document including its membership criteria. In the 10
absence of a written document, the petitioner must 11
provide a statement describing in full its member-12
ship criteria and current governing procedures. 13
(5) The petitioner’s membership consists of in-14
dividuals who descend from a historical Indian tribe 15
or from historical Indian tribes which combined and 16
functioned as a single autonomous political entity. 17
(A) Some types of evidence that can be 18
used for this purpose include the following: 19
(i) Rolls prepared by the Secretary on 20
a descendancy basis for purposes of dis-21
tributing claims money, providing allot-22
ments, or other purposes. 23
(ii) State, Federal, or other official 24
records or evidence identifying present 25
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members or ancestors of present members 1
as being descendants of a historical tribe 2
or tribes that combined and functioned as 3
a single autonomous political entity. 4
(iii) Church, school, and other similar 5
enrollment records identifying present 6
members or ancestors of present members 7
as being descendants of a historical tribe 8
or tribes that combined and functioned as 9
a single autonomous political entity. 10
(iv) Affidavits of recognition by tribal 11
elders, leaders, or the tribal governing body 12
identifying present members or ancestors 13
of present members as being descendants 14
of a historical tribe or tribes that combined 15
and functioned as a single autonomous po-16
litical entity. 17
(v) Other records or evidence identi-18
fying present members or ancestors of 19
present members as being descendants of a 20
historical tribe or tribes that combined and 21
functioned as a single autonomous political 22
entity. 23
(B) The petitioner must provide an official 24
membership list, separately certified by the 25
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group’s governing body, of all known current 1
members of the group. This list must include 2
each member’s full name (including maiden 3
name), date of birth, and current residential ad-4
dress. The petitioner must also provide a copy 5
of each available former list of members based 6
on the group’s own defined criteria, as well as 7
a statement describing the circumstances sur-8
rounding the preparation of the current list 9
and, insofar as possible, the circumstances sur-10
rounding the preparation of former lists. 11
(6) The membership of the petitioning group is 12
composed principally of persons who are not mem-13
bers of any acknowledged North American Indian 14
tribe. However, under certain conditions a peti-15
tioning group may be acknowledged even if its mem-16
bership is composed principally of persons whose 17
names have appeared on rolls of, or who have been 18
otherwise associated with, an acknowledged Indian 19
tribe. The conditions are that the group must estab-20
lish that it has functioned throughout history until 21
the present as a separate and autonomous Indian 22
tribal entity, that its members do not maintain a bi-23
lateral political relationship with the acknowledged 24
tribe, and that its members have provided written 25
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confirmation of their membership in the petitioning 1
group. 2
(7) Neither the petitioner nor its members are 3
the subject of congressional legislation that has ex-4
pressly terminated or forbidden the Federal relation-5
ship. 6
SEC. 8. PREVIOUS FEDERAL ACKNOWLEDGMENT. 7
(a) IN GENERAL.—Unambiguous previous Federal 8
acknowledgment shall be acceptable evidence of the tribal 9
character of a petitioner to the date of the last such pre-10
vious acknowledgment. If a petitioner provides substantial 11
evidence of unambiguous Federal acknowledgment, the pe-12
titioner shall only be required to demonstrate that it meets 13
the requirements of section 7 to the extent required by 14
this section. A determination of the adequacy of the evi-15
dence of previous Federal action acknowledging tribal sta-16
tus shall be made during the technical assistance review 17
of the documented petition conducted pursuant to section 18
10(b). 19
(b) EVIDENCE.—Evidence to demonstrate previous 20
Federal acknowledgment includes evidence that the 21
group— 22
(1) has had treaty relations with the United 23
States; 24
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(2) has been denominated a tribe by an Act of 1
Congress or Executive order; and 2
(3) has been treated by the Federal Govern-3
ment as having collective rights in tribal lands or 4
funds. 5
SEC. 9. NOTICE OF RECEIPT OF A PETITION. 6
(a) IN GENERAL.—Not later than 30 days after re-7
ceiving a letter of intent, or a documented petition if a 8
letter of intent has not previously been received and no-9
ticed, the Assistant Secretary shall acknowledge to the 10
sender such receipt in writing. Notice under this sub-11
section shall— 12
(1) include the name, location, and mailing ad-13
dress of the petitioner and such other information to 14
identify the entity submitting the letter of intent or 15
documented petition and the date it was received; 16
(2) serve to announce the opportunity for inter-17
ested parties and informed parties to submit factual 18
or legal arguments in support of or in opposition to 19
the petitioner’s request for acknowledgment or to re-20
quest to be kept informed of all general actions af-21
fecting the petition; and 22
(3) indicate where a copy of the letter of intent 23
and the documented petition may be examined. 24
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(b) NOTICE TO STATE GOVERNMENTS.—The Assist-1
ant Secretary shall notify, in writing— 2
(1) the Governor and Attorney General of the 3
State or States in which a petitioner is located; and 4
(2) any recognized tribe and any other peti-5
tioner that— 6
(A) appears to have a historical or present 7
relationship with the petitioner; or 8
(B) may otherwise be considered to have a 9
potential interest in the acknowledgment deter-10
mination. 11
(c) PUBLICATION.—Not later than 60 days after re-12
ceiving a letter of intent, or a documented petition if a 13
letter of intent has not previously been received and no-14
ticed, the Assistant Secretary shall have the notice re-15
quired under this section published— 16
(1) in the Federal Register; and 17
(2) in a major newspaper or newspapers of gen-18
eral circulation in the town or city nearest to the pe-19
titioner. 20
SEC. 10. PROCESSING OF THE DOCUMENTED PETITION. 21
(a) REVIEW.—Upon receipt of a documented petition, 22
the Assistant Secretary— 23
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(1) shall cause a review to be conducted to de-1
termine the extent to which the petitioner has met 2
the criteria set forth in section 7; 3
(2) shall include consideration of the docu-4
mented petition and the factual statements con-5
tained therein; 6
(3) may initiate other research for any purpose 7
relative to analyzing the documented petition and 8
obtaining additional information about the peti-9
tioner’s status; and 10
(4) may consider any evidence which may be 11
submitted by interested parties or informed parties. 12
(b) TECHNICAL ASSISTANCE.— 13
(1) Prior to review of the documented petition 14
under subsection (a), the Assistant Secretary shall 15
conduct a preliminary review of the petition in order 16
to provide technical assistance to the petitioner. 17
(2) The review under paragraph (1) shall be a 18
preliminary review for the purpose of providing the 19
petitioner an opportunity to supplement or revise the 20
documented petition prior to the review under para-21
graph (1). Insofar as possible, technical assistance 22
reviews under this paragraph will be conducted in 23
the order of receipt of documented petitions. How-24
ever, technical assistance reviews will not have pri-25
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ority over active consideration of documented peti-1
tions. 2
(3) After the technical assistance review, the 3
Assistant Secretary shall notify the petitioner by let-4
ter of any obvious deficiencies or significant omis-5
sions apparent in the documented petition and pro-6
vide the petitioner with an opportunity to withdraw 7
the documented petition for further work or to sub-8
mit additional information. 9
(4) If a petitioner’s documented petition claims 10
previous Federal acknowledgment or includes evi-11
dence of previous Federal acknowledgment, the tech-12
nical assistance review shall also include a review to 13
determine whether that evidence is sufficient to meet 14
the requirements of previous Federal acknowledg-15
ment. 16
(c) RESPONSE TO TECHNICAL ASSISTANCE RE-17
VIEW.— 18
(1) Petitioners may respond in part or in full 19
to the technical assistance review letter or request, 20
in writing, that the Assistant Secretary proceed with 21
the active consideration of the documented petition 22
using the materials already submitted. 23
(2) If the petitioner requests that the materials 24
submitted in response to the technical assistance re-25
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•HR 3764 IH
view letter be again reviewed for adequacy, the As-1
sistant Secretary shall provide the additional review. 2
(3) If the assertion of previous Federal ac-3
knowledgment under section 8 cannot be substan-4
tiated during the technical assistance review, the pe-5
titioner may respond by providing additional evi-6
dence. A petitioner that claims previous Federal ac-7
knowledgment and fails to respond to a technical as-8
sistance review letter under this subsection, or whose 9
response fails to establish the claim, shall have its 10
documented petition considered on the same basis as 11
documented petitions submitted by groups not claim-12
ing previous Federal acknowledgment. Petitioners 13
that fail to demonstrate previous Federal acknowl-14
edgment after a review of materials submitted in re-15
sponse to the technical assistance review shall be so 16
notified. Such petitioners may submit additional ma-17
terials concerning previous acknowledgment during 18
the course of active consideration. 19
(d) CONSIDERATION OF DOCUMENTED PETITIONS.— 20
The Assistant Secretary shall— 21
(1) review documented petitions in the order 22
that they are determined ready for review; 23
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(2) establish and maintain a numbered register 1
of documented petitions which have been determined 2
ready for active consideration; 3
(3) maintain a numbered register of letters of 4
intent or incomplete petitions based on the original 5
date received by the Department of the Interior; and 6
(4) use the register of letters of intent or in-7
complete petitions to determine the order of review 8
by the Assistant Secretary if two or more docu-9
mented petitions are determined ready for review on 10
the same date. 11
(e) REPORT.—Not later than 1 year after notifying 12
the petitioner that review of the documented petition has 13
begun, the Assistant Secretary shall— 14
(1) submit a report including a summary of the 15
evidence, findings, petition, and supporting docu-16
mentation, to the Committee on Natural Resources 17
of the House of Representatives and the Committee 18
on Indian Affairs of the Senate; 19
(2) notify the petitioner and interested parties 20
that the review is complete and the report required 21
under paragraph (1) has been submitted; 22
(3) provide copies of the report to the petitioner 23
and interested parties; and 24
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(4) provide copies of the report to informed 1
parties and others upon written request. 2
SEC. 11. CLARIFICATION OF FEDERAL RECOGNITION AU-3
THORITY. 4
(a) ACT OF CONGRESS REQUIRED.—An Indian group 5
may receive Federal acknowledgment (or reacknowledg-6
ment) as an Indian tribe only by an Act of Congress. The 7
Secretary may not grant Federal acknowledgment (or re-8
acknowledgment) to any Indian group. 9
(b) PREVIOUS ACKNOWLEDGMENT.—This Act shall 10
not affect the status of any Indian tribe that was lawfully 11
federally acknowledged before the date of the enactment 12
of this Act. 13
SEC. 12. FORCE AND EFFECT OF REGULATIONS. 14
Part 83 of title 25, Code of Federal Regulations, 15
shall have no force or effect. 16
Æ
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