H.R. 3103 (112th): Indian Tribal Federal Recognition Administrative Procedures Act

Introduced:
Oct 05, 2011 (112th Congress, 2011–2013)
Sponsor:
Del. Eni Faleomavaega [D-AS0]
Status:
Died (Referred to Committee)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced on October 5, 2011, in a previous session of Congress, but was not enacted.

Progress
Introduced Oct 05, 2011
Referred to Committee Oct 05, 2011
Cosponsors
none
Committees

House Natural Resources

The committee chair determines whether a bill will move past the committee stage.

Full Title

To establish a Commission on Recognition of Indian Tribes to review and act on petitions by Indian groups applying for Federal recognition, and for other purposes.

Summary

No summaries available.

Text

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Last updated Oct 05, 2011.
49 pages

Primary Source

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

10/5/2011--Introduced.
Indian Tribal Federal Recognition Administrative Procedures Act - Establishes the Commission on Recognition of Indian Tribes. Sets forth procedures for an Indian group to submit letters of intent and a petition to the Commission requesting federal recognition as an Indian tribe (effectively transferring the federal recognition process to the Commission from the Bureau of Indian Affairs [BIA]). Requires recognition petitions to:
(1) show that the group's members have descended from an historical Indian group, or from historical Indian groups that combined and functioned as a single autonomous entity;
(2) show that the group comprises a community of related members that has been distinct from surrounding communities since 1900; and
(3) include the petitioner's membership criteria and current governing procedures.
Requires the Commission to make an expedited decision or conduct a preliminary hearing as to whether a petitioner should be recognized as an Indian tribe.
Gives petitioners a hearing before an adjudicatory panel of the Commission if:
(1) an interested party rebuts an expedited decision in favor of the petitioner, or
(2) the expedited decision or preliminary hearing does not result in the petitioner's recognition.
Gives Indian groups previously denied recognition by the BIA the right to an adjudicatory hearing if this Act's recognition criteria affect the merits of their petitions.
Authorizes a petitioner or any interested party to request the Commission to reconsider a final determination of an adjudicatory panel.
Makes an Indian tribe that is recognized by the Commission:
(1) eligible for the services and benefits from the federal government that are available to other federally recognized Indian tribes, and
(2) subject to the same responsibilities, obligations, privileges, and immunities of those tribes.
Allows the recognition or restoration of Indian tribes by:
(1) federal law,
(2) the Commission,
(3) reorganization under the Indian Reorganization Act or the Alaska Indian Reorganization Act, and
(4) any final decision of a U.S. court.
Applies the Indian Reorganization Act to all tribes recognized by the Commission, even if they were not under federal jurisdiction when that Act was enacted.
Authorizes the Secretary of Health and Human Services (HHS) to award grants to Indian groups seeking federal recognition as Indian tribes to enable them to conduct research to substantiate, and prepare the documentation necessary for submission of, petitions under this Act.

House Republican Conference Summary

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

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United States Code

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Other Citations

  • 5 U.S.C. Chapter 57