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)

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, 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.
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    \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.''
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    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