25 CFR Part 83 Subpart A - General Provisions (2023)

§ 83.1 What terms are used in this part?

As used in this part:

ALJmeans an Administrative Law Judge in the Departmental Case Hearing Section, Office of Hearings and Appeals (OHA), Department of the Interior, designated under5 USC 3105.

assistant secretaryoASIAmeans the Assistant Secretary for Indian Affairs of the Department of the Interior or the authorized representative of such official, but does not include representatives of the Office of Federal Recognition.

independentmeans independent of the control of any other agency of the Indian government.

Deskmeans the Bureau of Indian Affairs within the Department of the Interior.

continental United Statesmeans the 48 contiguous states and Alaska.

Departmentmeans the Ministry of the Interior, including the Deputy Secretary and the OFA.

Nationally recognized Native American tribemeans an entity listed by the Department of the Interior under the Federally Recognized Indian Tribes List Act of 1994 that the Secretary currently recognizes as an Indian tribe and with which the United States maintains an intergovernmental relationship.

Historicmeans before 1900.

Indigenousmeans native to the continental United States in which at least a portion of the petitioner's territory extended into what is now the continental United States at the time of first sustained contact.

member of a petitionermeans a person recognized by the petitioner who meets the criteria for membership and who agrees to be included as a member of the petitioner.

Federal Office of RecognitionoOFAmeans the Office of Federal Recognition within the Office of the Undersecretary – Indigenous Affairs, Ministry of the Interior.

requestermeans any entity that has filed a documented petition with OFA seeking federal recognition as a federally recognized Native American tribe.

previous federal recognitionmeans an action by the federal government that is clearly based on the identification of a tribal political entity and that clearly indicates recognition of a relationship between that entity and the United States.

rollomeans a list of only those persons designated by the Tribe to meet the Tribe's membership requirements as set forth in its governing document. In the absence of such a document, a list means a list of those recognized as members by the governing body of the tribe. In any case, registered persons must have expressed their express consent to be registered as members.

Secretarymeans the Home Secretary in the Home Office or the authorized representative of such official.

Stammdenotes any indigenous tribe, group, nation, people, village or community.

§ 83.2 What is the purpose of the regulations in this part?

The regulations in this part implement federal statutes that benefit Native American tribes and establish procedures and criteria by which the department may determine whether a petitioner is a Native American tribe eligible for special programs and services provided to Native Americans of the United States because of their Native American identity. position. . A positive decision results in federal status and the petitioner's listing on the Department's list of federally recognized Native American tribes. federal recognition:

(A)It is a requirement of the federal government protections, services, and benefits available to those who qualify as Native American tribes and have a government-to-government relationship with the United States;

(B)This means that the tribe is entitled to the immunities and privileges available to other federally recognized Native American tribes.

(C)It means that the tribe has the federally recognized responsibilities, authorities, limitations, and obligations of other Native American tribes; Is

(D)It subjects the Native American tribe to the same authority from Congress and the United States as other federally recognized Native American tribes.

§ 83.3 To whom does this part apply?

This part applies only to Indian entities that are not federally recognized Indian tribes.

§ 83.4 Who may not be recognized under this part?

The Ministry does not recognize:

(A)A newly formed association, organization, corporation, or corporation of any kind, unless the corporation recently changed form by incorporating or formalizing its existing politically autonomous community;

(B)A splinter group, political faction, community, or corporation of any kind that secedes from the main body of a currently federally recognized Native American tribe, the petitioner, or a former petitioner, unless the corporation can show conclusive evidence that it was from 1900 to 1900 it has functioned as an autonomous community present and at the service§ 83.11(f), although some have associated them as part of or in some way with a federally recognized Native American tribe;

(C)An agency that, or an agency of which it is a member, is subject to legislation of Congress terminating or prohibiting government-to-government relations; either

(D)A business that has already applied for federal recognition under these regulations or under previous regulations and has been deniedPart 83 of this title(including reconstituted, splinter groups, derivatives, or components that were once part of previously rejected petitioners).

§ 83.5 How does a petitioner obtain federal recognition under this part?

To be recognized as a federally recognized Native American tribe under this part, the petitioner must have an Indian entity identification (§ 83.11 (a)), regulatory document (§ 83.11(d)), offspring (§ 83.11(e)), unique association (§ 83.11(f)) and Closing of the Congress (§ 83.11(g)) Criteria and Obligations:

(A)Demonstrate prior federal recognition below§ 83.12(a)and meet the criteria§ 83.12 (b); o

(B)Meet the community (§ 83.11 (b)) and political authority (§ 83.11(c)) Criteria.

§ 83.6 What are the tasks of the department?

(A)The department publishes inFederal registration,before January 30 of each year, a list of all Native American tribes recognized by the Secretary as eligible for special United States programs and services for Native Americans based on their Native American status pursuant to the List of Federally Recognized Indian Tribes, 1994. The list may be published more frequently if the Assistant Secretary deems it necessary.

(B)OFA will limit the guidelines to general suggestions about how and where the investigation should be conducted. The guidelines may be supplemented or updated as necessary. OFA will also provide sample petition parts documented in the preferred format, although OFA accepts other formats.

(C)OFA will provide potential petitioners with suggestions and advice on the preparation of the documented petition if requested. OFA is not responsible for the actual investigation on behalf of the petitioner.

§ 83.7 How does this part apply to documented petitions filed before August 17, 2015?

(A)Any applicant who has not submitted a fully documented petition by July 31, 2015 must proceed in accordance with these revised regulations. We will notify these petitioners and provide them with a copy of the revised rules by July 31, 2015.

(B)By August 31, 2015, OFA will notify any applicant who has submitted fully documented petitions but has not yet received a final decision from the agency that they should proceed under these revised rules, unless they do so by August 29. September 2015. You decide to complete this application procedure. according to the previous version of the recognition rules published in25 CFR Telephone 83, revised April 1, 1994.

(C)Any applicant who has submitted a documented application under the previous version of the Recognition Regulations and chooses to proceed under this revised regulation does not need to submit a new documented application, but may modify their application.

§ 83.8 Can the terms of this part be extended?

(A)AS-IA may extend any of the time limits in this part if good cause is shown.

(B)AS-IA may extend the deadlines applicable to the department with the consent of the applicant.

(C)If AS-IA grants an extension of the term, it will notify the petitioner and those of the§ 83.22(d).

§ 83.9 How does the Red Tape Reduction Act affect the collection of information in this part?

The information collections contained in this part have been approved by the Office of Management and Budget44 USC 3501 y ss.and assigned OMB control number 1076-0104. The response is necessary to gain an advantage. No federal agency may conduct or sponsor the collection of information, and you are not required to respond, unless the form or regulation requesting the information includes a currently valid OMB control number. Please send comments on this collection of information, including suggestions for reducing the burden, to the Information Collection Authorization Officer - Indian Affairs, 1849 C Street, NW., Washington, DC 20240.