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MAY 25, 2000

The Indian Federal Recognition Administrative Procedures Act was introduced by Senator Ben Nighthorse Campbell (R Colo) in March 1999. The Senate Committee on Indian Affairs held a hearing on the bill on May 24, 2000.

Key Provisions:

• The Commission is authorized to hold hearings, take testimony, and make final determinations on the petitions of tribes and other entities wishing to receive federal recognition
• The Commission would evaluate all current petitions in the order they were received by the BIA
• The Commission would be required to set a date for a preliminary hearing on a petition within 60 days of a filing
• The Commission would require a final decision be made within 30 days of the conclusion hearing
• Tribes and groups who have do not have a pending petition will be required to submit one within 6 years of the bill's enactment
• The Commission would complete all of its work in 12 years
• Appeals to decisions would go through the Federal District Court in the District of Columbia
• Grants would be available to petitioning tribes through the Administration for Native Americans (ANA)

"Senator Nighthorse Campbell believes 12 years is enough time for the Commission to complete its job," said Chris Changery, a spokesman for the Senator.

He said the Commission could always request more time to evaluate petitions.

Mark Tilden, a lawyer from the Native American Rights Fund, said tribes and entities would be placed on public notice if the bill passes, alerting them of the 6 year submission deadline.

In the event a petitioning group does not meet the deadline or wishes to become recognized after the Commission disbands, Tilden said the group could seek recognition in the Federal District Court in the District of Columbia.

Currently, tribes can seek recognition from the Bureau of Indian Affairs, Congress, executive order, or the courts. Since the Federal Acknowledgment Project was instituted by the Department of the Interior in 1978, the government has relied on the BIA to determine status.

Related Story;
Gover wants BIA out of nastiness (Tribal Law 5/25)
BIA eases recognition process (Tribal Law 5/22)

Relevant Links:
Links to the full text of the bill as well as all comments entered by Senator Nighthorse Campbell: Senate Bill S.611
Senate Committee on Indian Affairs: www.senate.gov
Senator Ben Nighthorse Campbell: www.senate.gov/~campbell
Adminstration for Native Americans, US Department of Health and Human Services: www.acf.dhhs.gov/programs/ana