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DOI/BIA RIN: 1076-AF67 Publication ID: Fall 2023 
Title: Procedures for Federal Acknowledgment of Indian Tribes 
Abstract:

This proposed rule would respond to recent Federal court decisions holding that the Department did not adequately explain its regulations prohibiting previously denied petitioners for Federal acknowledgment from petitioning again. The Department sought Tribal government input through communication under Executive Order 13175 criteria and the Department’s consultation policy on meaningful communication and collaboration with tribal officials. The Department held Consultation sessions with federally recognized Indian Tribes and a listening session for present, former, and prospective petitioners.

 
Agency: Department of the Interior(DOI)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 25 CFR 83   
Legal Authority: 5 U.S.C. 301    25 U.S.C. 2, 9, 479A-1   
Legal Deadline:  None

Statement of Need:

This final rule will update the regulations in response to recent Federal court decisions to address whether previously denied petitioners for Federal acknowledgment may petition again.

Summary of the Legal Basis:

5 U.S.C. 301, 25 U.S.C. 2, 25 U.S.C. 9, and 25 U.S.C. 479A-1.   
Timetable:
Action Date FR Cite
NPRM  04/27/2022  87 FR 24908   
NPRM Comment Period End  07/06/2022 
Second NPRM  02/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Oliver Whaley
Director, Office of Regulatory Affairs and Collaborative Action - Indian Affairs
Department of the Interior
Bureau of Indian Affairs
1001 Indian School Road NW, Suite 229,
Albuquerque, NM 87104
Phone:202 738-6065
Email: oliver.whaley@bia.gov

George Patton
Department of the Interior
Bureau of Indian Affairs
Indian Affairs - RACA, 1001 Indian School Road NW, Suite 312,
Albuquerque, NM 87104
Phone:505 563-3805
Email: george.patton@bia.gov