Indian Federal Acknowledgment Administrative Procedures Act of 1989

Summary

Indian Federal Acknowledgment Administrative Procedures Act of 1989 - Establishes the Office of Federal Acknowledgment (Office) within the Department of the Interior. Directs the Secretary of the Interior to appoint experienced U.S. history and anthropology scholars to serve on Federal Acknowledgment Appeals Panels. Authorizes any Indian group which satisfies specific criteria set out in this Act to petition the Director of the Office for acknowledgment as an Indian tribe. Requires a petition to satisfy one of two sets of criteria, including requirements that: (1) the members of the petitioner have been identified from historical times to the present as Indians; (2) a substantial portion of the members form a community, as determined by social scientists; (3) the petitioner has maintained tribal political influence over its members as an autonomous entity from historical times to present; (4) at least 75 percent of the current members are descendants of members of the tribe on which the acknowledgment claim is based; and (5) the membership is composed principally of persons who are not enrolled members of any other tribe; or (6) at least 85 percent of the current members are descendants of members of the tribe on which the acknowledgment claim is based; (7) the membership is composed principally of persons who are not enrolled members of any other tribe; and (8) the petitioner was a party to a treaty, was identified in an Act of Congress, was the beneficiary of certain lands, was organized under, and voted on, a specified Act, or was the subject of a Federal statute. Provides that petitions which satisfy such criteria create a rebuttable presumption that a petitioner was previously acknowledged as an Indian tribe and shall be acknowledged under this Act. Authorizes the Director to waive the percentage requirements of the petition criteria under specified conditions. Sets forth review and appeal procedures. Provides for expedited review procedures for petitions submitted under the second set of criteria. Requires the Director to report to the Congress on the status of all pending petitions. Sets forth additional reporting requirements for annual reports to the Committees on Indian Affairs and Interior and Insular Affairs. Outlines an administrative procedure, to be established by the Director, for the reconciliation of disagreements of fact or law at the option of the petitioner. Sets forth an order of priority for the consideration of petitions. Directs the Commissioner of the Administration for Native Americans of the Department of Health and Human Services to make grants to enable Indian groups seeking acknowledgment to: (1) conduct research to substantiate petitions under this Act; and (2) maintain tribal governmental functions while such petitions are under consideration. Provides for the transfer of all petitions to the Director. Permits petitioners to modify transferred petitions to satisfy this Act's requirements. Sets forth review procedures, during the two-year transitional period, for petitions under, or awaiting, active consideration. Allows Indian groups denied acknowledgment prior to this Act's enactment to apply directly to the Panel for reconsideration. Authorizes appropriations.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 16 March 1989

  Open at official source

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