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Federal Acknowledgment Re-Petitioning Ban

Federal Acknowledgement Re-Petitioning Ban

Regulations establishing the process and criteria for how the Department administratively acknowledges of Indian Tribes were updated in 2015. See 25 CFR part 83. As part ofthat rulemaking, the Department decided not to allow groups that had previously petitioned for, but denied, Federal acknowledgment the opportunity to re-petition. Since that time, two Federal district courts ruled that the Department's explanation for its decision to ban re-petitioning was insufficient as a matter oflaw under the Administrative Procedure Act.

Consultation and Comments.  

On December 18, 2020, the Assistant Secretary - Indian Affairs invited Tribes to consult on whether it should reconsider its prior decision to ban re-petitioning.  Consultation was held telephonically on February 25, 2021.  See transcript here

Comments were due by March 31, 2021.  The following comments were received:




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