Federal Acknowledgment of American Indian Tribes
Published Date: 1/15/2025
Rule
Summary
The Department of the Interior just updated the rules for recognizing American Indian Tribes. Now, tribes that were denied before get a special, limited chance to try again for federal acknowledgment starting February 14, 2025. This change affects tribes seeking official recognition and could open doors to new opportunities and funding.
Analyzed Economic Effects
8 provisions identified: 5 benefits, 3 costs, 0 mixed.
Limits on Finality and Future Re-Petitions
A grant of authorization to re-petition only permits filing a new documented petition and is not the same as Federal acknowledgment. A grant is effective immediately and not subject to administrative appeal; a denial of authorization is final for the Department and is a final agency decision under the Administrative Procedure Act. Any petitioner denied authorization to re-petition—or denied Federal acknowledgment after re-petitioning—will be barred from submitting a new re-petition request based on new evidence.
New Limited Re-Petition Option
Starting February 14, 2025, the Department adds a new re-petition authorization process that gives previously denied petitioners a limited chance to ask permission to re-petition for Federal acknowledgment if they plausibly allege either a change in part 83 or new evidence.
Notice, Comment, and Decision Timelines
When a re-petition request is filed, the Office of Federal Acknowledgment will publish notice in the Federal Register and on its website and open a 120-day public comment period. If OFA receives a timely objection with evidence, the petitioner has 60 days to respond. Once AS-IA begins review, AS-IA will issue a decision within 180 days, subject to suspension.
Re-Petitions Deprioritized vs Documented Petitions
The Department will prioritize completion of documented petitions already under review and new documented petitions over re-petition requests. However, re-petition requests that have been on OFA's register for more than two years will have priority over any subsequently filed documented petitions.
Strict Plausibility Standard for Re-Petitions
A re-petition request must plausibly allege that the prior negative outcome would change to positive because of (a) application of the 2015 regulations (or a change in part 83) and/or (b) new evidence, and the allegations must address all criteria that the petitioner previously failed to meet. The Department may conduct limited fact-finding to assess plausibility.
Five-Year Filing Window to Request Re-Petition
Unsuccessful petitioners denied before the rule's effective date must request authorization to re-petition within five years of February 14, 2025. Petitioners denied after the rule's effective date must request authorization within five years of the date of their negative final determination, though that five-year period is tolled during any period of judicial review.
Pending Petitioners Can Opt Into 2015 Rules
Any petitioner currently proceeding under the 1994 regulations may choose to proceed instead under the 2015 regulations, allowing them to switch to the updated rules without awaiting a final determination and potential re-petition authorization.
Who Counts as an 'Unsuccessful Petitioner'
The rule defines an 'unsuccessful petitioner' as an entity that received a final denial under the acknowledgment regulations at part 54 (pre-1982) or part 83; this term applies only to those that received a final agency decision (not proposed findings or withdrawals). The Office listed thirty-four unsuccessful petitioners as of November 9, 2024.
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