H.R.5134 - To require the prompt review by the Secretary of the Interior of the long-standing petitions for Federal recognition of certain Indian tribes, and for other purposes.108th Congress (2003-2004)
|Sponsor:||Rep. Pombo, Richard W. [R-CA-11] (Introduced 09/23/2004)|
|Committees:||House - Resources|
|Committee Reports:||H. Rept. 108-788|
|Latest Action:||House - 11/19/2004 Placed on the Union Calendar, Calendar No. 482. (All Actions)|
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Summary: H.R.5134 — 108th Congress (2003-2004)All Information (Except Text)
Reported to House with amendment(s) (11/19/2004)
Requires prompt review by the Secretary of the Interior of the long-standing petitions for Federal recognition of certain eligible Indian tribes. Requires the Secretary to publish final determinations with respect to such petitions within one year after enactment of this Act.
Prescribes a procedure for potentially eligible tribes to opt into the expedited procedure for proposed findings and final determinations under this Act. Authorizes such a tribe to seek a recognition determination in the appropriate U.S. district court if the Secretary fails to publish a proposed finding or a final determination by the end of specified time periods. Requires the court, in any such action, to treat such failure by the Secretary as final agency action. Authorizes a tribe also to seek review in such a court of any adverse final determination by the Secretary.
Prohibits the processing of any other petitions for recognition as an Indian tribe until the Secretary has published a proposed finding with respect to the petition of each eligible tribe as required by this Act, except those listed as having a status of "Active" or "In Post-Final Decision Appeal Process" by the Department of the Interior on July 1, 2004.
Declares that nothing in this Act shall be construed to change the criteria established by the Department to determine whether or not a petitioner meets the requirements to be a federally recognized tribe.