Federal Acknowledgment Re-Petitioning Ban

2022 Consultations

On April 27, 2022, the Assistant Secretary - Indian Affairs invited Tribes to consult on whether it should reconsider its prior decision to ban re-petitioning under 25 CFR part 83 - the regulations establishing the process and criteria for how the Department administratively acknowledges Indian Tribes.  For more information on the two virtual consultation session, including transcripts for each session, please visit the following page: https://www.bia.gov/25-CFR-83-Repetitioning.


2021 Consultations

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. The 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 of that 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 of law under the Administrative Procedure Act.

Consultation & Comments

Consultation was held telephonically on February 25, 2021.  See transcript here

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