80 FR 37538 - Requests for Administrative Acknowledgment of Federal Indian Tribes

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 80, Issue 126 (July 1, 2015)

Page Range		37538-37539
FR Document		2015-16194

This policy guidance establishes the Department's intent to make determinations to acknowledge Federal Indian tribes within the contiguous 48 states only in accordance with the regulations established for that purpose at 25 CFR part 83. This notice directs any unrecognized group requesting that the Department acknowledge it as an Indian tribe, through reaffirmation or any other alternative basis, to petition under 25 CFR part 83 unless an alternate process is established by rulemaking following the effective date of this policy guidance.

Federal Register, Volume 80 Issue 126 (Wednesday, July 1, 2015)

[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37538-37539]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16194]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 83

[156A2100DD/AAKC001030/A0A501010.999900 253G]


Requests for Administrative Acknowledgment of Federal Indian 
Tribes

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Policy guidance.

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SUMMARY: This policy guidance establishes the Department's intent to 
make determinations to acknowledge Federal Indian tribes within the 
contiguous 48 states only in accordance with the regulations 
established for that purpose at 25 CFR part 83. This notice directs any 
unrecognized group requesting that the Department acknowledge it as an 
Indian tribe, through reaffirmation or any other alternative basis, to 
petition under 25 CFR part 83 unless an alternate process is 
established by rulemaking following the effective date of this policy 
guidance.

DATES: This policy guidance is effective July 1, 2015.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of 
Regulatory Affairs & Collaborative

[[Page 37539]]

Action--Indian Affairs, (202) 273-4680; [email protected].

SUPPLEMENTARY INFORMATION: 
    Prior to the establishment of the regulatory process for 
establishing that an American Indian group exists as an Indian tribe in 
1978 (``the Part 83 process''), the Department used an informal process 
for the Federal acknowledgment of Indian tribes. The Part 83 
regulations formalized the process by which the Department reviewed 
requests and the criteria required of groups to obtain Federal 
acknowledgment. The Department has resolved over 50 petitions using the 
Part 83 process.
    However, even after the promulgation of the Part 83 regulations in 
1978, there have been a range of requests by unrecognized groups to use 
other administrative processes to obtain Federal acknowledgment. The 
Department has utilized those processes in limited circumstances. For 
example, the Department has ``reaffirmed'' some tribes and reorganized 
some half-blood communities as tribes under the Indian Reorganization 
Act (IRA).
    Over the past couple of years, the Department has undertaken a 
comprehensive review and evaluation of the process and criteria by 
which it federally acknowledges Indian tribes under 25 CFR part 83. As 
part of that review of the proposed revisions to Part 83, we also 
received comments related to the other administrative processes that 
have occasionally been used by the Department for acknowledgment. For 
example, the Eastern Band of Cherokee Indians and Stand Up for 
California requested that the Department utilize only the Part 83 
process to acknowledge tribes.
    We recognize the concerns expressed in comments about the use of 
administrative approaches for acknowledgment other than Part 83. Having 
worked hard to make the Part 83 process more transparent, timely and 
efficient, while maintaining Part 83's fairness, rigor, and integrity, 
the Department has decided that, in light of these reforms to improve 
the Part 83 process, that process should be the only method utilized by 
the Department to acknowledge an Indian tribe in the contiguous 48 
states.\1\ The Department has determined that it will no longer accept 
requests for acknowledgement outside the Part 83 process. Rather, the 
Department intends to rely on the newly reformed Part 83 process as the 
sole administrative avenue for acknowledgment as a tribe.
---------------------------------------------------------------------------

    \1\ With regard to Alaska, under 473a, Congress has specifically 
provided: ``that groups of Indians in Alaska not recognized prior to 
May 1, 1936, as bands or tribes, but having a common bond of 
occupation, or association, or residence within a well-defined 
neighborhood, community, or rural district, may organize to adopt 
constitutions and bylaws and to receive charters of incorporation 
and Federal loans under sections 470, 476, and 477 of this title.''
---------------------------------------------------------------------------

    Of course, the basis for the policy shift being announced today is 
the Department's reform and improvement of the Part 83 process. The 
recently revised Part 83 regulations promote fairness, integrity, 
efficiency and flexibility. No group should be denied access to other 
mechanisms if the only administrative avenue available to them is 
widely considered ``broken.'' Thus, this policy guidance is contingent 
on the Department's ability to implement Part 83, as reformed. If in 
the future the newly reformed Part 83 process is not in effect and 
being implemented, this policy guidance is deemed rescinded.
    To conclude, any group within the contiguous 48 states seeking 
Federal acknowledgment as an Indian tribe administratively must 
petition under 25 CFR part 83 from this date forward. The decision to 
use only the recently reformed Part 83 process from this point forward 
does not affect the validity of any determination made prior to the 
institution of this policy guidance; while the Department exercised its 
discretionary authority to use those methods of acknowledgment in the 
past, it no longer will.

    Dated: June 26, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2015-16194 Filed 6-30-15; 8:45 am]
 BILLING CODE 4337-15-P

37538 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations

thereunder, including Form SDR (17 advisory services for compensation to a June 13, 2012.8 In the absence of a final
CFR 249.1500) and reports filed government client for two years after the municipal advisor registration rule, the
pursuant to Rules 13n–11(d) and (f) (17 adviser or certain of its executives or Commission extended the third-party
CFR 240.13n–11(d) and (f)) under the employees (‘‘covered associates’’) make solicitor ban’s compliance date from
Exchange Act; and a contribution to certain elected officials June 13, 2012 to nine months after the
(xviii) Filings made pursuant to or candidates.1 Rule 206(4)–5 also compliance date of the final rule,9
Regulation A (§§ 230.251 through prohibits an adviser and its covered which is July 31, 2015.10
230.262 of this chapter). associates from providing or agreeing to This notice of compliance date is
* * * * * provide, directly or indirectly, payment technical in nature and serves solely to
to any third-party for a solicitation of fulfill the Commission’s commitment to
Dated: June 25, 2015.
advisory business from any government provide the notice for the compliance
Brent J. Fields, entity on behalf of such adviser, unless date it previously set.11
Secretary. such third-party is a ‘‘regulated person’’ Dated: June 25, 2015.
[FR Doc. 2015–16045 Filed 6–30–15; 8:45 am] (‘‘third-party solicitor ban’’).2 Rule Brent J. Fields,
BILLING CODE 8011–01–P 206(4)–5 defines a ‘‘regulated person’’ as
Secretary.
an SEC-registered investment adviser,3 a
[FR Doc. 2015–16048 Filed 6–30–15; 8:45 am]
registered broker or dealer subject to pay
SECURITIES AND EXCHANGE to play restrictions adopted by a BILLING CODE 8011–01–P
COMMISSION registered national securities
association,4 or a registered municipal
17 CFR Part 275 advisor subject to pay to play DEPARTMENT OF THE INTERIOR
[Release No. IA–4129; File No. S7–18–09] restrictions adopted by the Municipal
Securities Rulemaking Board Bureau of Indian Affairs
RIN 3235–AK39
(‘‘MSRB’’).5 In addition, the
Commission must find, by order, that 25 CFR Part 83
Political Contributions by Certain
Investment Advisers: Ban on Third- these pay to play rules: (i) Impose [156A2100DD/AAKC001030/
Party Solicitation; Notice of substantially equivalent or more A0A501010.999900 253G]
Compliance Date stringent restrictions on broker-dealers
or municipal advisors than the Pay to Requests for Administrative
AGENCY: Securities and Exchange Play Rule imposes on investment Acknowledgment of Federal Indian
Commission. advisers; and (ii) are consistent with the Tribes
ACTION: Notice of compliance date. objectives of the Pay to Play Rule.6 AGENCY: Bureau of Indian Affairs,
Rule 206(4)–5 became effective on
SUMMARY: The Securities and Exchange Interior.
September 13, 2010 and the compliance
Commission (‘‘Commission’’ or ‘‘SEC’’) date for the third-party solicitor ban was ACTION: Policy guidance.
previously set and extended the set to September 13, 2011.7 When the SUMMARY: This policy guidance
compliance date for the ban on third- Commission added municipal advisors establishes the Department’s intent to
party solicitation until nine months to the definition of regulated person, the make determinations to acknowledge
after the compliance date of a final rule Commission also extended the third- Federal Indian tribes within the
adopted by the Commission by which party solicitor ban’s compliance date to contiguous 48 states only in accordance
municipal advisors must register under with the regulations established for that
the Securities Exchange Act of 1934 1 Political Contributions by Certain Investment
purpose at 25 CFR part 83. This notice
(‘‘final municipal advisor registration Advisers, Investment Advisers Act Rel. No. 3043
(July 1, 2010) [75 FR 41018 (July 14, 2010)] (‘‘Pay directs any unrecognized group
rule’’) and indicated that notice with to Play Release’’). requesting that the Department
respect thereto would be provided in 2 See id. at Section II.B.2.(b). See also 17 CFR
acknowledge it as an Indian tribe,
the Federal Register. This notice of 275.206(4)–5(a)(2)(i)(A).
through reaffirmation or any other
compliance date is being published to 3 See 17 CFR 275.206(4)–5(f)(9)(i).
alternative basis, to petition under 25
4 See 17 CFR 275.206(4)–5(f)(9)(ii). While rule
provide the notice of the compliance CFR part 83 unless an alternate process
206(4)–5 applies to any registered national
date. securities association, the Financial Industry is established by rulemaking following
DATES: The compliance date for the ban Regulatory Authority (‘‘FINRA’’) is currently the the effective date of this policy
only registered national securities association under
on third-party solicitation under 17 CFR section 19(a) of the Securities Exchange Act of 1934
guidance.
275.206(4)–5 [rule 206(4)–5] is July 31, [15 U.S.C. 78s(b)]. As such, for convenience, we DATES: This policy guidance is effective
2015. will refer directly to FINRA in this notice of
July 1, 2015.
compliance date when describing the exception for
FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT:
certain broker-dealers from the third-party solicitor
Sirimal R. Mukerjee, Senior Counsel, or ban. Elizabeth Appel, Director, Office of
Sarah A. Buescher, Branch Chief, at 5 See 17 CFR 275.206(4)–5(f)(9)(iii). On June 22,
Regulatory Affairs & Collaborative
(202) 551–6787 or IArules@sec.gov, 2011, the Commission amended the Pay to Play
Rule to add municipal advisors to the definition of
Investment Adviser Regulation Office, ‘‘regulated persons.’’ See Rules Implementing
8 See Municipal Advisor Addition Release at

Division of Investment Management, Amendments to the Investment Advisers Act of section II.D.1.
U.S. Securities and Exchange 1940, Investment Advisers Act Rel. No. 3221 (June 9 See Political Contributions by Certain

Commission, 100 F Street NE., 22, 2011) [76 FR 42950 (July 19, 2011)] (‘‘Municipal Investment Advisers: Ban on Third-Party
Advisor Addition Release’’). The Commission Solicitation; Extension of Compliance Date,
Washington, DC 20549–8549. adopted final rules with respect to the registration Investment Advisers Act Rel. No. 3418 (June 8,
tkelley on DSK3SPTVN1PROD with RULES

SUPPLEMENTARY INFORMATION: The of municipal advisors on September 20, 2013. See 2012) [77 FR 35263 (June 13, 2012)] (‘‘Extension
Commission adopted rule 206(4)–5 [17 Registration of Municipal Advisors, Exchange Act Release’’).
Release No. 70462 (Sept. 20, 2013) [78 FR 67468 10 The final date on which a municipal advisor
CFR 275.206(4)–5] (‘‘Pay to Play Rule’’) (Nov. 12, 2013)] (‘‘Municipal Advisor Registration must file a complete application for registration was
under the Investment Advisers Act of Release’’). October 31, 2014. See Municipal Advisor
1940 [15 U.S.C. 80b] to prohibit an 6 See 17 CFR 275.206(4)–5(f)(9). Registration Release at section V.
investment adviser from providing 7 See Pay to Play Release at section III. 11 See the Extension Release.

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Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations 37539

Action—Indian Affairs, (202) 273–4680; has determined that it will no longer FOR FURTHER INFORMATION CONTACT:
elizabeth.appel@bia.gov. accept requests for acknowledgement Todd Smyth at the U.S. Department of
SUPPLEMENTARY INFORMATION: outside the Part 83 process. Rather, the Labor, Office of Administrative Law
Prior to the establishment of the Department intends to rely on the newly Judges, 800 K Street NW., Suite 400-
regulatory process for establishing that reformed Part 83 process as the sole North, Washington, DC 20001–8002;
an American Indian group exists as an administrative avenue for telephone (202) 693–7300.
Indian tribe in 1978 (‘‘the Part 83 acknowledgment as a tribe. SUPPLEMENTARY INFORMATION:
process’’), the Department used an Of course, the basis for the policy
shift being announced today is the Background
informal process for the Federal
acknowledgment of Indian tribes. The Department’s reform and improvement The final regulations that are the
Part 83 regulations formalized the of the Part 83 process. The recently subject of these corrections became
process by which the Department revised Part 83 regulations promote effective on June 18, 2015. The
reviewed requests and the criteria fairness, integrity, efficiency and regulations constitute the rules of
required of groups to obtain Federal flexibility. No group should be denied practice and procedure for
acknowledgment. The Department has access to other mechanisms if the only administrative hearings before the
resolved over 50 petitions using the Part administrative avenue available to them Office of Administrative Law Judges.
83 process. is widely considered ‘‘broken.’’ Thus,
this policy guidance is contingent on Need for Correction
However, even after the promulgation
of the Part 83 regulations in 1978, there the Department’s ability to implement As published, the final regulations
have been a range of requests by Part 83, as reformed. If in the future the contain four internal cross-reference
unrecognized groups to use other newly reformed Part 83 process is not in errors, and a typographical error in the
administrative processes to obtain effect and being implemented, this title of 29 CFR 18.33(e).
Federal acknowledgment. The policy guidance is deemed rescinded. List of Subjects in 29 CFR Part 18
Department has utilized those processes To conclude, any group within the
in limited circumstances. For example, contiguous 48 states seeking Federal Administrative practice and
the Department has ‘‘reaffirmed’’ some acknowledgment as an Indian tribe procedure, Labor.
tribes and reorganized some half-blood administratively must petition under 25 Accordingly, 29 CFR part 18 is
communities as tribes under the Indian CFR part 83 from this date forward. The corrected by making the following
Reorganization Act (IRA). decision to use only the recently correcting amendments:
Over the past couple of years, the reformed Part 83 process from this point
Department has undertaken a forward does not affect the validity of PART 18—RULES OF PRACTICE AND
comprehensive review and evaluation of any determination made prior to the PROCEDURE FOR ADMINISTRATIVE
the process and criteria by which it institution of this policy guidance; HEARINGS BEFORE THE OFFICE OF
federally acknowledges Indian tribes while the Department exercised its ADMINISTRATIVE LAW JUDGES
under 25 CFR part 83. As part of that discretionary authority to use those
■ 1. The authority citation for part 18
review of the proposed revisions to Part methods of acknowledgment in the past,
continues to read as follows:
83, we also received comments related it no longer will.
to the other administrative processes Authority: 5 U.S.C. 301; 5 U.S.C. 551–553;
Dated: June 26, 2015.
5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.
that have occasionally been used by the Kevin K. Washburn,
Department for acknowledgment. For Assistant Secretary—Indian Affairs. ■ 2. Revise paragraph (c) of § 18.32 to
example, the Eastern Band of Cherokee [FR Doc. 2015–16194 Filed 6–30–15; 8:45 am] read as follows:
Indians and Stand Up for California
BILLING CODE 4337–15–P § 18.32 Computing and extending time.
requested that the Department utilize
only the Part 83 process to acknowledge * * * * *
tribes. (c) Additional time after certain kinds
We recognize the concerns expressed DEPARTMENT OF LABOR of service. When a party may or must act
in comments about the use of within a specified time after service and
Office of the Secretary
administrative approaches for service is made under § 18.30(a)(2)(ii)(C)
acknowledgment other than Part 83. or (D), 3 days are added after the period
29 CFR Part 18
Having worked hard to make the Part 83 would otherwise expire under
process more transparent, timely and RIN 1290–AA26 paragraph (a) of this section.
efficient, while maintaining Part 83’s ■ 3. Revise paragraph (e) of § 18.33 to
fairness, rigor, and integrity, the Rules of Practice and Procedure for
Administrative Hearings Before the read as follows:
Department has decided that, in light of
these reforms to improve the Part 83 Office of Administrative Law Judges; § 18.33 Motions and other papers.
process, that process should be the only Corrections * * * * *
method utilized by the Department to AGENCY: Office of the Secretary, Labor. (e) Motions made at hearing. A
acknowledge an Indian tribe in the ACTION: Correcting amendments. motion made at a hearing may be stated
contiguous 48 states.1 The Department orally unless the judge determines that
SUMMARY: This document contains a written motion or response would best
1 With regard to Alaska, under 473a, Congress has corrections to the final regulations serve the ends of justice.
specifically provided: ‘‘that groups of Indians in which were published in the Federal * * * * *
tkelley on DSK3SPTVN1PROD with RULES

Alaska not recognized prior to May 1, 1936, as
bands or tribes, but having a common bond of Register of May 19, 2015 (80 FR 28768). ■ 4. Revise paragraph (d)(1) and the
occupation, or association, or residence within a Those regulations relate to rules of introductory text of paragraph (d)(3) of
well-defined neighborhood, community, or rural practice and procedure for § 18.51 to read as follows:
district, may organize to adopt constitutions and administrative hearings before the
bylaws and to receive charters of incorporation and
Federal loans under sections 470, 476, and 477 of Office of Administrative Law Judges. § 18.51 Discovery scope and limits.
this title.’’ DATES: Effective on July 1, 2015. * * * * *

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Document Created: 2015-12-15 13:18:58
Document Modified: 2015-12-15 13:18:58

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Policy guidance.
Dates		This policy guidance is effective July 1, 2015.
Contact		Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action--Indian Affairs, (202) 273-4680; [email protected]
FR Citation		80 FR 37538

80 FR 37538 - Requests for Administrative Acknowledgment of Federal Indian Tribes

DEPARTMENT OF THE INTERIORBureau of Indian Affairs

Federal Register Volume 80, Issue 126 (July 1, 2015)

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs