H.R. 10435: Lipan Apache Tribe of Texas Recognition Act

This bill would officially recognize the Lipan Apache Tribe of Texas as a federally recognized Indian Tribe.

What federal recognition would mean

Once recognized, the Tribe and its members would generally be treated under federal law like other federally recognized tribes. That means federal Indian laws and regulations of general application would apply to the Tribe, including the Indian Reorganization Act, unless the bill says otherwise.

Federal services and benefits

The Tribe and its members would become eligible for federal services and benefits available to federally recognized tribes. The bill says this eligibility would apply regardless of whether the Tribe has a reservation, but only after certain steps are completed:

• The Department of the Interior and the Department of Health and Human Services would each have to develop a “determination of needs” with the Tribe.
• The Secretary of the Interior would have to verify the Tribe’s membership roll.

The bill also requires the federal government to determine a service area for delivering federal services to Tribal members within 120 days after enactment, in coordination and consultation with the Secretary of the Interior.

Membership roll and verification

The Tribe would have to submit its current membership roll to the Secretary of the Interior. The Secretary’s review would be limited to checking documentary proof that members meet the Tribe’s membership criteria as set out in the Tribe’s governing documents. The verification would have to be finished within two years after the Tribe submits a digitized membership roll with supporting documents.

Tribal governing documents and leadership

The bill says the Tribe’s current membership roll and governing documents, as submitted to the Secretary when the bill is enacted, would control. The Tribe would determine membership according to those governing documents, and it would be responsible for maintaining its membership roll.

The Tribe’s governing body would be the body in place on the date the law is enacted, or any later governing body elected under the Tribe’s own election procedures.

Background findings in the bill

The bill includes congressional findings describing the Lipan Apache Tribe of Texas as a continuous tribal community with historical ties in Texas, prior government-to-government relationships, and a maintained political and cultural identity. It also notes that the Tribe has lacked federal recognition and therefore has not had access to services and benefits available to other federally recognized tribes.

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