To provide reforms and resources to the Bureau of Indian Affairs to improve the Federal acknowledgment process, and for other purposes.

February 4, 2003

Mr. CAMPBELL introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

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,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Federal Acknowledgment Process Reform Act of 2003'.

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 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 acknowledgment process; and

(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.

(b) PURPOSES- The purposes of this Act are--

(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;

(2) to provide clear and consistent standards to review documented petitions for acknowledgment; 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 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 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- On 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) CONTENT OF REVIEW- The review conducted under paragraph (1) shall include consideration of--

(A) the petition;

(B) any supporting evidence; and

(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.

(3) 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 final determination regarding a petition.

(4) 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.

(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--

(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 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.

(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) 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- 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.

(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 9 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 a doctoral degree in genealogy;

(iii) at least 2 individuals shall have a doctor of jurisprudence degree; and

(iv) at least 1 individual shall be qualified as a historian, as determined by the Assistant Secretary.

(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 requirements 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.

END