[Federal Register Volume 65, Number 75 (Tuesday, April 18, 2000)]
[Proposed Rules]
[Pages 20775-20787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9421]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 70
RIN 1076-AD98
Certificate of Degree of Indian or Alaska Native Blood
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
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SUMMARY: This rule will establish documentation requirements and
standards for filing, processing, and issuing a Certificate of Degree
of Indian or Alaska Native Blood (CDIB) by the Bureau of Indian Affairs
(Bureau). This rule will provide the policies and standards that will
allow the Bureau to issue, amend, or invalidate CDIBs. The Bureau
issues CDIBs to assist individuals in establishing their eligibility
for programs and services based upon their status as American Indians
and/or Alaska Natives.
DATES: Send your comments to reach us on or before July 17, 2000.
We plan to hold consultations on this proposed rule. The dates of
the consultations are:
April 14, 2000, in Anchorage, Alaska;
May 10, 2000, in Rapid City, South Dakota; and
May 24, 2000, in Albuquerque, New Mexico.
See SUPPLEMENTARY INFORMATION for the addresses of the
consultations. Each meeting will begin at 9:00 a.m. and end at 4:00 p.m
(local time).
ADDRESSES: You may mail comments to Karen Ketcher, Branch of Tribal
Operations, Eastern Oklahoma Region, Department of the Interior, Bureau
of Indian Affairs, 101 North 5th Street, Muskogee, OK 74401. You may
also hand-deliver comments to us at Room 426, at the same address. For
information about filing comments electronically, see the SUPPLEMENTARY
INFORMATION section under ``Electronic access and filing address.''
Comments will be available for inspection at this electronic address
from 9:00 a.m. to 3:00 p.m. Central Standard time, Monday through
Friday beginning approximately two weeks after publication of this
proposed rule in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Karen Ketcher, Tribal Operations,
Eastern Oklahoma Region, Bureau of Indian Affairs, 918-687-2313.
Individuals who use a telecommunications device for the deaf (TDD) may
call the Federal Information Relay Service at 1-800-877-8339 between
8:00 a.m. and 4:00 p.m. Central Standard time, Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION
I. Public Comment Procedures
Electronic Access and Filing Address
You may access an electronic version of this proposed rule through
our home page (www.doi.gov/bia/otshome.html). You may also comment via
the Internet to: Karen [email protected]. Please also include
``Attention: 1076-AD98'' and your name and return address in your
Internet message. If you do not receive a confirmation from the system
that we have received your Internet message, contact us directly at
918-687-2313.
Written Comments
Written comments on the proposed rule should be specific, should be
confined to issues pertinent to the proposed rule, and should explain
the reason for any change you recommend. Where possible, you should
reference the specific section or paragraph of the proposal you are
addressing. We may not consider or include in the Administrative Record
for the final rule comments which we receive after the close of the
comment period (See DATES) or comments delivered to an address other
than those listed above (See ADDRESSES). Comments, including names,
street addresses, and other contact information of respondents, will be
available for public review at this address during regular business
hours (7:45 a.m. to 4:15 p.m. Central Standard time), Monday through
Friday, except Federal holidays. We will also post all comments on the
regulation's Internet page at the end of the comment period. Individual
respondents may request confidentiality. If you wish to request that we
consider withholding your name, street address, and other contact
information (such as Internet address, FAX or phone number) from public
review or from disclosure under the Freedom of Information Act, you
must state this prominently at the beginning of your comment. We will
make available for public inspection in their entirety all submissions
from organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses.
Consultations
We will hold consultations at the following locations on the dates
and times specified:
April 14, 2000, in Anchorage, Alaska, at the Holiday Inn, 239 W.
4th Avenue, Anchorage, Alaska 99501;
May 10, 2000, in Rapid City, South Dakota at the Best Western
Ramkota Hotel, 2111 North LaCrosse Street, Rapid City, South Dakota
57701; and,
May 24, 2000, in Albuquerque, New Mexico at the Best Western
Winrock Inn, 18 Winrock Center, Albuquerque, New Mexico 87110.
Any person who wants to participate in a particular consultation
should notify Karen Ketcher, the person identified under FOR FURTHER
INFORMATION CONTACT at least one week before the consultation. If no
one expresses an interest in participating in a consultation at a given
location by that date, we will not hold that consultation. If only one
person expresses an interest, we may hold a public meeting rather than
a consultation, and we will include the results in the Administrative
Record. If we hold a consultation, we will continue the consultation
until everyone who wants to testify has done so. In order to assist the
transcriber and to ensure an accurate record, we request that you give
the transcriber a copy of your testimony. In order to assist us in
preparing appropriate responses/answers to your questions, we also ask
that if you plan to testify, please submit
[[Page 20776]]
an advance copy of your testimony to us at the address previously
specified (See ADDRESSES). However, this submission of the advance copy
of your testimony is not required.
The meeting sites are accessible to individuals with disabilities.
An individual with a disability who will need an auxiliary aid or
service to participate in the consultation, such as interpreting
service, assistive listening device, or materials in an alternate
format, must notify Karen Ketcher, the person listed under FOR FURTHER
INFORMATION CONTACT two weeks before the scheduled consultation date.
Although we will attempt to meet a request received after that date,
the requested auxiliary aid or service may not be available because of
insufficient time to arrange it.
II. Background
A Certificate of Degree of Indian or Alaska Native Blood (CDIB)
certifies that an individual possesses a specific degree of Indian
blood of a federally recognized Indian tribe(s). A deciding Bureau
official issues the CDIB. We issue CDIBs so that individuals may
establish their eligibility for those programs and services based upon
their status as American Indians and/or Alaska Natives. A CDIB does not
establish membership in a federally recognized Indian tribe, and does
not prevent an Indian tribe from making a separate and independent
determination of blood degree for tribal purposes.
In reviewing the Bureau's practices, the Interior Board of Indian
Appeals (IBIA) ruled that the degree of Indian blood of an individual
Indian cannot be changed by the Bureau on the basis of ``the
evidentiary standards set forth in unwritten policy statements'' and
advised the Bureau to develop and issue regulations, Underwood v.
Deputy Assistant Secretary-Indian Affairs, 93 I.D. 13, 14 IBIA 3,
January 31, 1986. In the absence of regulations, the Bureau has been
without the authority to invalidate or amend CDIBs issued in error. As
a result, there are individuals who do not receive services for which
they may qualify and individuals who receive services for which they do
not qualify.
Some early Bureau and tribal records do not indicate degrees of
Indian blood or are inconsistent. Changes and corrections have been
made to these records without an indication of who made the change or
the basis upon which they were made. Errors occurred when individuals
submitted delayed or amended birth certificates and delayed death
certificates as documentation for Indian blood certification. Amended
birth documents often contain unreliable birth data, or data that was
received long after the original birth certification had been issued.
For example, some birth fathers do not recognize their children until
later in life or when ordered to do so by a court having jurisdiction,
long after a birth certification may have first been issued. Adoption
records often contain limited birth data. Only extensive research
provides additional birth data. Corrections are required when birth
certificates and death certificates are amended, adoption and paternity
records become available, or complete family history information and/or
documents not initially submitted are received.
The rolls of federally recognized Indian tribes may be used as the
basis for issuing CDIBs. The base rolls of some tribes are deemed to be
correct by statute, even if errors exist. For example, the 1906 Federal
rolls for the Cherokee, Chickasaw, Choctaw, Creek, and Seminole were
prepared for purposes of allotment of tribal lands, and persons of two
or more of these tribes were enrolled only with the tribe of the
territory of his/her residence and only with that tribe's blood degree
listed. Subsequently, the Act of August 4, 1947, 61 Stat. 731, declared
that the base rolls of these tribes are conclusive as to blood degree
when determining the restricted status of inherited, allotted lands.
Existing federal laws and regulations require some form of proof of
Indian blood for various purposes. Some of these regulations even
expressly refer to Certifications of Degree of Indian Blood. Unless
these laws and regulations are amended to eliminate the need for a
method of proving Indian blood or Indian blood degree, uniform
standards for issuance, amendments and denials of Certificates of
Degree of Indian Blood are essential for compliance with the law.
The authority to issue rules and regulations is vested in the
Secretary of the Interior by 5 U.S.C. 301 sections 463 and 465 of the
Revised Statutes, and 25 U.S.C. 2 and 9. Publication of the proposed
rule by the Department provides the public an opportunity to
participate in the rule making process. Interested persons may submit
written comments regarding the proposed rule to the location identified
in the ADDRESSES section of this document.
III. Procedural Matters
Executive Order 12866
In accordance with the criteria in Executive Order 12866, this
proposed rule is not a significant regulatory action. This proposed
rule will not have an annual economic effect of $100 million or
adversely affect an economic sector, productivity, jobs, the
environment, or other units of government. Nor does this proposed rule
create inconsistencies with other agencies' actions; affect
entitlements, grants user fees, loan programs, or their recipients; or
raise novel legal or policy issues.
Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of small entities as defined by the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). Neither a Regulatory
Flexibility Analysis or a Small Entity Compliance Guide is required.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act, this proposed
rule will not ``significantly or uniquely'' affect small governments
nor does it produce a Federal mandate of $100 million or more in any
year.
Executive Order 12630
In accordance with Executive Order 12630, this proposed rule does
not have ``significant takings'' implications. This rule does not
pertain to ``taking'' of private property interests, nor does it impact
private property.
Executive Order 13132
In accordance with Executive Order 13132, this proposed rule does
not have significant Federalism effects because it pertains solely to
Federal-tribal relations and will not interfere with the roles, rights
and responsibilities of States.
Executive Order 12988
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this proposed rule does not unduly burden
the judicial system.
National Environmental Protection Act
In accordance with the National Environmental Protection Act and
318 DM 2.2(G) and 6.3(D), this proposed rule does not constitute a
major Federal action significantly affecting the quality of the human
environment.
Paperwork Reduction Act
Sections 70.11, 70.22, 70.23, 70.24, 70.30, and 70.34 contain
information collection and submission requirements. As required by the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), we have submitted
a copy of the proposed regulations to the Office of
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Management and Budget (OMB) for review. The agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number. We
will not require collection of this information until OMB has given its
approval.
1. Information Collection Request
Type of Review: New.
Title: Request for Certificate of Degree of Indian or Alaska Native
Blood.
Affected Entities: Individual Indians who may be eligible to
receive program services based upon their status and/or degree of
Indian or Alaska Native blood.
Abstract: The purpose of this collection is to assist in
determining the eligibility of individuals for various programs and
services available to American Indians and Alaska Natives. Disclosure
of information may be given to the Department of the Interior and the
Department of Justice when required for litigation or anticipated
litigation. Notification of inquiries or access must be addressed to
the appropriate Regional Director, Bureau of Indian Affairs.
Submission of this information is voluntary. However, not providing
information may result in a determination that an individual is not
eligible to receive program services based upon his/her status as an
American Indian or Alaska Native. The information to be collected
includes: certificates of birth and death, probate determinations,
court orders, affidavits, Federal or tribal census records, and Social
Security records.
All information and documentation is to be collected once from each
Requester. The reporting and record keeping burden for this collection
of information is estimated to average 1.5 hours for each response for
an estimated 285,000 requests per year or 427,000 hours, including the
time for reviewing instructions, searching existing data sources and
gathering needed data. Collection of information and documentation for
the appeals procedures is expected to involve 12 regions receiving
2,400 appeals. The reporting and record keeping burden for this
collection of information is estimated to average 2.5 hours for each
appeal for an estimated 6,000 hours per year, including the time for
reviewing instructions, searching existing data sources and gathering
needed data. Thus, the estimated total annual reporting and record
keeping burden for this entire collection is estimated to be 433,000
hours.
Individuals will be required to sign, under penalty of perjury, a
statement verifying the truth of all of the information provided in the
CDIB packet.
2. We consider comments by the public on this proposed collection of
information in:
(a) Evaluating whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility.
(b) Evaluating the accuracy of the agency's estimates of burden of
the proposed collection of information, including the methodology and
assumptions used.
(c) Enhancing the quality, utility, and clarity of the information
to be collected.
(d) Minimizing the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other collection techniques or other forms
of information technology.
Tribes, organizations and individuals desiring to submit comments
on the information collection requirement should direct them to
Attention: Desk Officer for the Department of the Interior, Office of
Information & Regulatory Affairs, Office of Management and Budget, 725
17th Street NW, Room 10102, Washington, DC 20503. A copy should be sent
to Karen Ketcher, Branch of Tribal Operations, Eastern Oklahoma Region,
Department of the Interior, Bureau of Indian Affairs, 101 North 5th
Street, Muskogee, OK 74401, or hand deliver them to Room 426, at the
same address. Comments will be available for inspection at this address
from 9:00 a.m. to 3:00 p.m., Central Standard Time, Monday through
Friday beginning approximately two weeks after publication of this
proposed rule in the Federal Register. Please note, these comments on
the proposed form are in addition to comments you may have on the
proposed regulation itself.
OMB is required to make a decision concerning the collection of
information contained in these proposed regulations between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication. This does not affect
the deadline for the public to comment on the proposed regulations.
Small Business Regulatory Enforcement Fairness Act
This proposed rule is not a major rule under the Small Business
Regulatory Enforcement Fairness Act, 5 U.S.C. 804(2). This proposed
rule does not have an annual effect on the economy of $100 million or
more nor will it cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. This proposed rule does not have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Executive Order 13084
Executive Order 13084 requires each agency to have an effective
process to permit elected officials and other representatives of Indian
tribal governments to provide meaningful and timely input in the
development of regulatory policies on matters that significantly or
uniquely affect their communities. On January 31, 1986, the Interior
Board of Indian Appeals (IBIA) ruled that the degree of Indian blood of
an individual Indian cannot be changed by the Bureau on the basis of
``the evidentiary standards set forth in unwritten policy statements''
and advised the Bureau to develop and issue regulations, Underwood v.
Deputy Assistant Secretary-Indian Affairs, IBIA 93 I.D. 13, 14, IBIA 3.
This IBIA decision affected tribes in eastern Oklahoma.
As a result, representatives from the Bureau Central Office, the
Eastern Oklahoma Region, the Tulsa Office of the Field Solicitor, and
the tribes which contracted the CDIB function under the Self-
Determination and Education Assistance Act, P.L.93-638, met on August
11-13, 1987, at the Chickasaw Motor Inn, Sulphur, Oklahoma, to develop
CDIB regulations for eastern Oklahoma. Ten of the twenty-seven
individuals attending this meeting represented various tribes in
eastern Oklahoma. On September 13-14, 1988, this same work group met
again for a second meeting in Muskogee, Oklahoma, to continue the work
on these CDIB regulations. A Central Office Enrollment staff member
attended this meeting and recommended that the CDIB regulations be
written as nation-wide regulations for the Bureau. The work group
accepted this recommendation and held nine additional meetings
beginning May 10, 1989, through June 15, 1992, when a draft was
forwarded to Central Office,
[[Page 20778]]
Division of Tribal Government Services, Washington, D.C. On September
13-16, 1994, two members of the work group (one tribal and one Bureau)
traveled to Washington, D.C. to prepare the draft for publishing in the
Federal Register.
In the mean time, the Inter-Tribal Council for the Five Civilized
Tribes (Cherokee, Chickasaw, Choctaw, Creek, and Seminole) passed
Resolution No. 97-13, on April 11, 1997, requesting that the proposed
regulations drafted by the Bureau and Tribal personnel be published. A
second request, Resolution No. 97-18, enacted on July 11, 1997, urged
publication of the proposed CDIB regulation. On December 2-3, 1999, the
Eastern Oklahoma Region conducted a CDIB technical assistance workshop
to train approximately 45 individuals (30 being tribal enrollment
staff), who are involved with the CDIB function. They fully supported
the publication of the proposed CDIB regulations.
OMB Control #1076-01____
Expiration Date: ____
Bureau of Indian Affairs Certificate of Degree of Indian or Alaska
Native Blood Instructions
All portions of the Request for Certificate of Degree of Indian or
Alaska Native Blood (CDIB) must be completed. You must show your
relationship to an enrolled member(s) of a federally recognized Indian
tribe, whether it is through your birth mother or birth father, or
both. A federally recognized Indian tribe means an Indian or Alaska
Native tribe, band, nation, pueblo, village, or community which appears
on the list of recognized tribes published in the Federal Register by
the Secretary of the Interior (25 U.S.C. Sec. 479a-1(a)).
Your degree of Indian blood is computed from lineal
ancestors of Indian blood who were enrolled with a federally recognized
Indian tribe or whose names appear on the designated base rolls of a
federally recognized Indian tribe.
You must give the maiden names of all women listed on the
Request for CDIB, unless they were enrolled by their married names.
A Certified Copy of a Birth Certificate is required to
establish your relationship to a parent(s) enrolled with a federally
recognized Indian tribe(s).
If your parent is not enrolled with a federally recognized
Indian tribe, a Certified Copy of your parent's Birth or Death
Certificate is required to establish your parent's relationship to an
enrolled member of a federally recognized Indian tribe(s). If your
grandparent(s) were not enrolled members of a federally recognized
Indian tribe(s), a Certified Copy of the Birth or Death Certificate for
each grandparent who was the child of an enrolled member of a federally
recognized Indian tribe is required.
Certified copies of Birth Certificates, Delayed Birth
Certificates, and Death Certificates may be obtained from the State
Department of Health or Bureau of Vital Statistics in the State where
the person was born or died.
In cases of adoption, the degree of Indian blood of the
natural (birth) parent must be proven.
Refer to 25 CFR Part 70, CDIB to determine what documents
are acceptable.
1. Your request and supporting documents should be returned to the
Agency from whom you receive services.
2. Incomplete requests will be returned with a request for further
information. No action will be taken until the request is complete.
BILLING CODE 4310-02-P
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[GRAPHIC] [TIFF OMITTED] TP18AP00.000
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Drafting Information
The primary authors of this document are Karen Ketcher, Tribal
Operations Specialist, Eastern Oklahoma Region; Suzanne Chaney, Tribal
Government Specialist, Southern Plains Region; Timothy DeAsis, Tribal
Government Officer, Alaska Region; Donna Peterson, Tribal Government
Specialist, Western Region; De Springer, Tribal Government Officer,
Midwest Region; James Vallie, Tribal Government Specialist, Southern
Pueblos Agency; Susan Work, Attorney, Tulsa Field Solicitor's Office;
Dorson Zunie, Tribal Government Officer, Pacific Region; Duane Bird
Bear, Chief, Division of Tribal Government Services, Central Office; R.
Lee Fleming, Chief, Branch of Acknowledgment and Research, Central
Office; Carolyn Newman, Tribal Enrollment Specialist, Central Office.
List of Subjects in 25 CFR Part 70
Alaska Natives, Indians, Indians-Federal certification.
For the reasons given in the preamble, the Bureau of Indian Affairs
proposes to add a new Part 70 to Title 25, Chapter I, Subchapter F--
Tribal Government, of the Code of Federal Regulations as set forth
below.
PART 70--CERTIFICATE OF DEGREE OF INDIAN OR ALASKA NATIVE BLOOD
Subpart A--General Information
Sec.
70.1 What is the purpose of this part?
70.2 What terms do I need to know?
70.3 What is a Certificate of Degree of Indian or Alaska Native
Blood?
70.4 Who issues, amends, invalidates a Certificate of Degree of
Indian or Alaska Native Blood; or denies issuance of a Certificate
of Degree of Indian or Alaska Native Blood?
70.5 Is the information and documentation I submit with my
Certificate of Degree of Indian or Alaska Native Blood request
available to the public?
70.6 Information collection.
Subpart B--Determining Eligibility
70.10 How do I know if I am eligible to receive a Certificate of
Degree of Indian or Alaska Native Blood?
70.11 How do I establish my eligibility to receive a Certificate
of Degree of Indian or Alaska Native Blood?
70.12 How does the Bureau compute my degree of Indian blood and
does the Bureau compute Indian or Alaska Native blood of an adoptive
parent?
70.13 How can I prove my descent if I or an ancestor was born out
of wedlock?
Subpart C--Obtaining a Certificate of Degree of Indian or Alaska Native
Blood
70.20 What steps do I need to follow to obtain a Certificate of
Degree of Indian or Alaska Native Blood?
70.21 Are there penalties for filing false information?
70.22 What documents must I submit with my request?
70.23 What primary documents can I submit to establish my
relationship to a lineal ancestor who is listed on a base roll?
70.24 What supporting documents must I submit to establish my
relationship to a lineal ancestor listed on a base roll?
Subpart D--Information on Bureau Actions on Certificate of Degree of
Indian or Alaska Native Blood Requests
70.25 How will I know what information the deciding Bureau
official will rely upon to determine whether I receive a Certificate
of Degree of Indian or Alaska Native Blood?
70.26 What steps do I follow if I possess Indian or Alaska Native
blood from more than one federally recognized Indian tribe?
70.27 What information is shown on the Certificate of Degree of
Indian or Alaska Native Blood which the Bureau issued to me?
70.28 Do I become a member of an Indian Tribe when the Bureau
issues me a Certificate of Degree of Indian or Alaska Native Blood?
70.29 What response can I expect from the Bureau when I make a
request for a Certificate of Degree of Indian or Alaska Native
Blood?
Subpart E--Appeal Procedures
70.30 What can I do if I do not agree with the deciding Bureau
official who issued the degree of Indian blood or other information
contained on my Certificate of Degree of Indian or Alaska Native
Blood?
70.31 What can I do if my request for a Certificate of Degree of
Indian or Alaska Native Blood is denied?
70.32 What is the deadline for filing my appeal, and what will
happen if I do not meet the deadline?
70.33 What are the steps for filing an appeal when I disagree with
the information on the Certificate of Degree of Indian or Alaska
Native Blood which the deciding Bureau official provided?
70.34 Can I submit additional information if I choose to file an
appeal and what is the burden of proof?
70.35 What action can I expect from the Bureau's Regional Director
if I file an appeal?
70.36 What action can I expect if I appeal the Regional Director's
decision?
Subpart F--Other
70.37 Can my Certificate of Degree of Indian or Alaska Native
Blood be invalidated or amended to change my degree of Indian blood?
If so, under what circumstances?
70.38 Can my Certificate of Degree of Indian or Alaska Native
Blood be sent to an authorized third party?
Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9.
Subpart A--General Information
Sec. 70.1 What is the purpose of this part?
This part specifies the requirements for the documentation of
degree of Indian blood and uniform standards by which we may issue,
amend, or invalidate a Certificate of Degree of Indian or Alaska Native
Blood. The Bureau issues CDIBs to assist individuals in establishing
their eligibility for programs and services based upon their status as
American Indians and/or Alaska Natives.
(a) CDIBs do not establish membership in federally recognized
Indian tribes.
(b) CDIBs may not be used for purposes of determining restricted or
trust status of Indian lands if the blood degree on the CDIB is
inconsistent with a determination of blood degree based on any federal
law containing special standards for determination of the landowner's
Indian blood degree or for probate purposes.
Sec. 70.2 What terms do I need to know?
As used in this part:
Adopted person means a person who has been permanently placed for
adoption with a substitute parent(s) pursuant to tribal or state law.
Authorized representative means any properly designated person,
including the parent of a child (under 18 years), the legal guardian,
lawyer, and/or the parent who has legal custody, who files a request or
an appeal on behalf of the person.
Base roll means the specified allotment, annuity, census, or other
roll upon which membership in a federally recognized Indian tribe is
based, as designated by a federal statute, by the Secretary, or by the
tribe's written governing document, such as a constitution, enrollment
ordinance, or resolution; or the Alaska Native Claims Settlement Act
roll established pursuant to 43 U.S.C. 1604.
Bureau means Bureau of Indian Affairs, Department of the Interior.
CDIB means Certificate of Degree of Indian (or Alaska Native)
Blood.
Commissioner means the Commissioner of Indian Affairs or the Deputy
Commissioner of Indian Affairs.
Deciding Bureau Official means the Regional Director,
Superintendent/Field Representative or the Secretary's designee with
delegated administrative jurisdiction for the federally recognized
Indian tribe(s) from which your Indian blood is derived.
Department means the Department of the Interior.
Indian means any person of Indian or Alaska Native blood who is a
member
[[Page 20782]]
of those tribes listed or eligible to be listed in the Federal Register
pursuant to 25 U.S.C. 479a-1(a); or any descendant of such person who
was residing within its boundaries of any Indian reservation on June 1,
1934; or any person not a member of one of the listed or eligible to be
listed tribes who possesses at least one-half degree of Indian blood.
For purposes of these regulations, Eskimos and other aboriginal peoples
of Alaska shall be considered Indians.
Indian blood means Indian or Alaska Native blood of a Federally
recognized Indian tribe.
Indian tribe means an Indian or Alaska Native tribe, band, nation,
pueblo, village, or community which appears on the list of recognized
tribes published in the Federal Register by the Secretary of the
Interior (25 U.S.C. 479a-1(a)).
Lineal ancestor means a direct ancestor, such as a parent,
grandparent or great-grandparent. Collateral relatives such as aunts,
uncles, brothers, and sisters, are not considered lineal ancestors.
Maternal refers to the mother's side.
Paternal refers to the father's side.
Regional Director means the director of a specific Bureau region,
or his/her designee, who has delegated administrative jurisdiction over
the local field office(s) responsible for administering the affairs of
a federally recognized Indian tribe(s).
Requester means the individual or the authorized representative
making the formal request for a CDIB.
Secretary means the Secretary of the Department of the Interior, or
his/her designee.
Superintendent/Field Representative means the Bureau official in
charge of the agency/field office, or his/her designee, who has
immediate delegated administrative responsibility for the affairs of a
federally recognized Indian tribe.
Sec. 70.3 What is a Certificate of Degree of Indian or Alaska Native
Blood?
A CDIB is an official document that certifies an individual
possesses a specific degree of Indian blood of a federally recognized
Indian tribe.
Sec. 70.4 Who issues, amends, invalidates a Certificate of Degree of
Indian or Alaska Native Blood; or denies issuance of a Certificate of
Degree of Indian or Alaska Native Blood?
Only one of the following deciding Bureau officials with delegated
administrative jurisdiction for the federally recognized Indian
tribe(s) from which your Indian blood is derived may sign, issue,
amend, or invalidate the CDIB, or deny issuance of the CDIB:
(a) The Regional Director;
(b) The Superintendent/Field Representative; or
(c) The Secretary's designee.
Sec. 70.5 Is the information and documentation I submit with my
Certificate of Degree of Indian or Alaska Native Blood request
available to the public?
(a) CDIB records are protected from disclosure under the Privacy
Act, 5 U.S.C. 552a. Personal information contained in the CDIB file
will not be available to the public.
(b) A statement may be provided to a Federal, State, or local
agency that your CDIB has been amended or that your CDIB has been
invalidated, if a request is made by a Federal, State, or local agency
where necessary to obtain information relevant to the hiring or
retention of an employee, or the issuance of a security clearance,
contract, license, grant or other benefit.
Sec. 70.6 Information collection.
The information collection requirement contained in Sec. 70.11 has
been approved by the Office of Management and Budget under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d), and assigned
clearance number ________. Information is collected when individuals
seek certification that they possess Indian blood to receive Federal
program services based upon their status as American Indians.
Subpart B--Determining Eligibility
Sec. 70.10 How do I know if I am eligible to receive a Certificate of
Degree of Indian or Alaska Native Blood?
You are eligible to receive a CDIB if your name or the name of your
lineal ancestor appears as an Indian by blood on a base roll of a
federally recognized Indian tribe.
Sec. 70.11 How do I establish my eligibility to receive a Certificate
of Degree of Indian or Alaska Native Blood?
You have the burden of proving you are eligible to receive a CDIB.
To establish your eligibility, you must do one of the following:
(a) You must be listed as an Indian by blood on a designated base
roll.
(b) You must furnish proof of your relationship to your closest
lineal ancestor who has received a CDIB. Your proof must meet the
requirements of Secs. 70.22 and 70.23. We will presume that your
ancestor's CDIB contains an accurate statement of degree of Indian
blood unless we find that the blood degree in the CDIB is inaccurate or
unless you challenge the accuracy of the blood degree as stated on that
CDIB.
(c) You must furnish proof of your relationship with a lineal
ancestor listed as an Indian by blood on the base roll(s). This proof
must meet the requirements of Secs. 70.22 and 70.23. This paragraph
applies only if:
(1) We or you challenge the accuracy of the blood degree contained
in the CDIB of your closest lineal ancestor; or
(2) There is no CDIB for your closest lineal ancestor.
Sec. 70.12 How does the Bureau compute my degree of Indian blood and
does the Bureau compute Indian or Alaska Native blood of an adoptive
parent?
Your degree of Indian blood is computed from the Indian blood
degree of your lineal ancestors. Lineal ancestry and blood degree are
based on birth parentage as explained in this section.
(a) You obtain one-half of the Indian blood of each of your birth
parents.
(1) You obtain one-half of the Indian blood of your birth mother.
For example, if your grandmother was full blood, your mother obtained
one-half Indian blood from your grandmother. Using that example, if
your mother obtained no Indian blood through her father, then you
obtained one-fourth Indian blood from your mother.
(2) You obtain one-half of the Indian blood from your birth father.
If you were born out of wedlock, then you will obtain one-half of the
Indian blood from your birth father only if his identity is proven
under Sec. 70.13.
(3) To calculate your total Indian blood degree, add together your
blood degree obtained from your birth mother and your blood degree
obtained from your proven birth father. As an example, if you obtain
one-fourth degree Indian blood from your mother and one-fourth degree
of Indian blood from your father, your degree of Indian blood is one-
half (\1/4\+\1/4\=\1/2\).
(b) An adoptive parent is not a lineal ancestor and blood degree
cannot be derived from an adoptive parent.
Sec. 70.13 How can I prove my descent if I or an ancestor was born out
of wedlock?
This section applies to you if you or one of your ancestors was
born out of wedlock. For purposes of blood degree computation, you can
prove the identity of your or your ancestor's birth father if you can
provide any one of the following for each person born out of wedlock:
(a) The person's certified birth certificate listing the name of
the father;
(b) A written document in which the birth father acknowledged
paternity of the person born out of wedlock. The document must have
been:
[[Page 20783]]
(1) Filed in a state court child custody proceeding as defined by
the Indian Child Welfare Act, 25 U.S.C. 1903; or
(2) Recorded with an Office of Vital Statistics or other state
agency authorized by law to receive paternity acknowledgments in the
state where the person was born;
(c) A final court order that contains a finding establishing
paternity. The court issuing the order must have jurisdiction in a
paternity determination, child support case, parental rights
termination, adoption, determination of heirship as described in
Sec. 70.23, or other judicial proceeding in which paternity is an
essential element; or
(d) A final decision of an administrative law judge in an Indian
probate proceeding filed under 43 CFR part 4 that establishes
paternity.
Subpart C--Obtaining a Certificate of Degree of Indian or Alaska
Native Blood
Sec. 70.20 What steps do I need to follow to obtain a Certificate of
Degree of Indian or Alaska Native Blood?
To obtain a CDIB you must follow the procedures in this section.
(a) You must request a CDIB form from the local Bureau office.
(b) You must complete the request, including verification that you
have read the summary describing your rights if you disagree with any
decisions concerning your request.
(c) You must sign the request unless you meet one of the following
exceptions:
(1) If you are a minor under the age of 18, only your custodial
parent may complete and sign the request for you. A custodial parent
includes:
(i) An adoptive parent;
(ii) A court-appointed legal guardian; or
(iii) An Indian custodian as defined by the Indian Child Welfare
Act, 25 U.S.C. 1903.
(2) If you are physically incapacitated, one of the following may
complete the request for you:
(i) A court-appointed legal guardian;
(ii) A court-appointed conservator; or
(iii) A person to whom you have given a written power of attorney.
(3) Only a court-appointed legal guardian may complete the request
for an adult who has been declared mentally incompetent by a court
having jurisdiction.
(d) After completing and signing the request, you must submit it
and any required documents to the Bureau official who has delegated
administrative jurisdiction over the federally recognized Indian
tribe(s) from which your Indian blood is derived.
Sec. 70.21 Are there penalties for filing false information?
Yes. Under 18 U.S.C. 1001, Bureau personnel are required to report
any person who knowingly files false or fraudulent information. Persons
convicted of this offense may be fined and/or imprisoned not more than
five (5) years.
Sec. 70.22 What documents must I submit with my request?
When you submit your request for a CDIB, you must also submit the
documents required by this section.
(a) If you are listed on an officially approved base roll, the only
thing you must submit is a request with an original signature.
(b) If you are not on a base roll, you must submit at least one of
the primary records required by Sec. 70.23. The record that you submit
must establish your relationship to your closest lineal ancestor who
either:
(1) Has received a CDIB which contains an accurate statement of
degree of Indian blood, or
(2) Is listed on a base roll.
(c) Depending upon which of the documents listed in Sec. 70.23 you
submit, you may also have to submit additional documents required by
Sec. 70.24.
Sec. 70.23 What primary documents can I submit to establish my
relationship to a lineal ancestor who is listed on a base roll?
To meet the requirement in Sec. 70.22(b) for establishing your
relationship to an ancestor, you must submit at least one of the
documents listed in the following table. Each document that you submit
must meet the conditions shown in the table.
----------------------------------------------------------------------------------------------------------------
If you submit a primary document
such as . . . It must . . . And . . . And . . .
----------------------------------------------------------------------------------------------------------------
(a) Birth certificate............ Be certified by the state You must submit the
where you and/or your original reproduction
lineal ancestor were of the birth
born. certificate that
contains the person's
parentage, the state
seal, the state
registrar's signature,
and the state file
number.1
(b) Delayed certificate of birth. Be certified by the state You must submit the You must verify the
where you and/or your original reproduction birth parent
lineal ancestor were of the delayed birth information by
born. certificate that submitting at least one
contains the person's of the supporting
parentage, the state documents listed in
seal, the state Sec. 70.24.1
registrar's signature,
and the state file
number.
(c) Record showing that you or Be a certified copy of If the Department of
your ancestor were born outside the official U.S. State record is not
the United States. Department of State available, you may
record of birth or a submit the Department
certified copy or of State's Notice of No
translation of the Record on File and a
record of birth on file certified copy or
with the foreign agency translation of the
responsible for record on file with the
recording vital records. foreign agency
responsible for
recording vital records.
(d) A replacement birth Show your new name and You must also submit one
certificate due to adoption. the name(s) of your of the documents
adoptive parent(s). identified in Sec.
70.24(b).
(e) A certificate of death or a Show the ancestor's You must submit the You must also verify the
delayed certificate of death for parentage. original reproduction ``parent's names'' by
your lineal ancestor. of the death record, submitting at least one
showing parentage, the of the documents listed
state seal, the state in Sec. 70.24.
registrar's signature,
and the state file
number.
[[Page 20784]]
(f) A determination of heirship.. Be issued by order of a Filed under Federal You must submit at least
court having statute, an one of the supporting
jurisdiction in a administration of documents listed in
determination of estate or probate Sec. 70.24(a)(2)-(5).
heirship proceeding. proceeding; or issued
by order of an
administrative law
judge in an Indian
probate proceeding
filed under 43 CFR part
4.2
----------------------------------------------------------------------------------------------------------------
1 If state law prohibits the release of a full photocopy of the birth certificate or delayed birth certificate
without a court order, you may submit a computer generated or transcriptional record. The record must be
verified by the sworn statement or affidavit of your Indian parent, family member (if Indian parent(s) is
deceased), or other person familiar with your family ancestry (if Indian parent(s) or other family member(s)
are deceased). A sworn statement or affidavit must follow the requirements of Sec. 70.24(a)(4).
2 The order must identify the heirs of the decedent who is the subject of the proceeding. The order will only be
used to prove family relationships; no specific recitation or finding of blood degree contained in the order
may be used as evidence of blood degree. An order determining heirs in a quiet title, partition or other civil
action may not be used as a primary document.
Sec. 70.24 What supporting documents must I submit to establish my
relationship to a lineal ancestor listed on a base roll?
(a) If you submit one of the primary documents listed in
Sec. 70.23(b), (e), or (f), you must also submit at least one of the
supporting documents specified in the following table.
------------------------------------------------------------------------
You can submit a supporting document
such as . . . But . . .
------------------------------------------------------------------------
(1) A determination of heirship court If you use a determination of
order or administrative law judge heirship or administrative law
order as described in Sec. 70.23(f) judge order as a primary
as a supporting document. document, you cannot use
another determination of
heirship or administrative law
judge order as a supporting
document.
(2) The hospital birth certificate as a It does not necessarily
record of birth to support a primary establish parentage.
document.
(3) A certified transcription issued by
the Bureau of Census, proof of death
and heirship records and per capita
payment records, Federal and tribal
census records, and Social Security
records..
(4) An affidavit or an original written You must follow the rules in
declaration made under oath before a Sec. 70.24(c).1
notary public may be used to support a
primary document to identify or
clarify discrepancies in names and to
verify facts.
------------------------------------------------------------------------
1 If identification is not questioned, minor variations, such as in
spelling of names, may not require further proof.
(b) If you or one of your lineal ancestors was adopted and you
submitted a replacement birth certificate as a primary document under
Sec. 70.23(d), you must submit one of the documents specified in the
following table.
------------------------------------------------------------------------
If . . . And . . . Then . . .
------------------------------------------------------------------------
(1) The adoption occurred We received adequate Ask us to use all of
after November 8, 1978. documents from the the documents that
adoption court or identify the
attorney of record adoptee's birth
under the Indian parents.1
Child Welfare Act
(25 U.S.C. 1951).
(2) The adoption occurred We received You must submit one
after November 8, 1978. documents under the of the documents
Indian Child specified in
Welfare Act but paragraph (d) of
they are not this section.
sufficient to
establish the
identity of the
adoptee's birth
parents.
(3) The adoption occurred We received no You must either ask
after November 8, 1978. documents on the us to request this
adoption under the information from
Indian Child the court which
Welfare Act. entered the final
decree, or submit
one of the
documents specified
in paragraph (d) of
this section.
(4) The adoption occurred You must submit one
before November 8, 1978. of the documents
specified in
paragraph (d) of
this section.
------------------------------------------------------------------------
1 We will keep this information in a restricted file that is not
accessible to the adopted person or anyone not involved in the
certification process.
(c) If you submit an affidavit as a supporting document under
Sec. 70.24(a)(4), it must meet all of the following criteria:
(1) The affidavit must be executed by someone who has personal
knowledge of facts or events, such as a relative;
(2) You cannot execute the affidavit;
(3) The affidavit must include a statement advising the individual
signing the affidavit that he or she is subject to criminal penalties
for knowingly filing false or fraudulent information to an agency of
the United States Government; and
(4) The affidavit must be notarized.
(d) To meet the requirements of paragraphs (b)(2) through (b)(4) of
this section, you must submit all of the documents specified in any one
of the following paragraphs.
(1) A certified copy of a document or documents which identify the
adoptee and the adoptee's birth parents, filed
[[Page 20785]]
with the court in the adoption case, such as a consent to adoption, a
consent to termination of parental rights, an order terminating
parental rights, or an adoption decree;
(2) Any statement, letter or other document provided and executed
by a judge of the court which entered the final decree, upon request of
the adoptee, which identifies the adoptee and the adoptee's birth
parents and tribal affiliation, as authorized by the Indian Child
Welfare Act (25 U.S.C. 1917); or
(3) A certified copy of a document which identifies the adoptee by
his or her original name, which was filed with the court in the
adoption case, together with one of the following:
(i) An original birth certificate established at the adoptee's
birth; or
(ii) A hospital birth certificate listing the name(s) of the
adoptee's birth parent(s).
Subpart D--Information on Bureau Actions on Certificate of Degree
of Indian or Alaska Native Blood Requests
Sec. 70.25 How will I know what information the deciding Bureau
official will rely upon to determine whether I receive a Certificate of
Degree of Indian or Alaska Native Blood?
We will base the decision to issue a CDIB on the standard in
Sec. 70.11, using information contained in Bureau and tribal records
and additional information that you provide under Secs. 70.23 and
70.24.
Sec. 70.26 What steps do I follow if I possess Indian or Alaska Native
blood from more than one federally recognized Indian tribe?
If you possess Indian blood derived from more than one federally
recognized Indian tribe, you may ask the Bureau official to issue a
CDIB that confirms your total degree of Indian blood.
(a) If you make this request, you must send a certified copy of any
previously issued CDIB documenting blood degree of other federally
recognized Indian tribes to the address of the Bureau official.
(b) If you do not have a CDIB showing the tribal blood you possess,
you must:
(1) Request a CDIB from the Bureau Office with administrative
jurisdiction over the tribe from which your Indian blood is derived;
and
(2) If more than one Bureau office is involved, you must submit the
CDIBs that you received under this paragraph to the Bureau office under
paragraph (a) of this section that you designated to issue the CDIB
showing your total blood degree.
Sec. 70.27 What information is shown on the Certificate of Degree of
Indian or Alaska Native Blood which the Bureau issued to me?
The CDIB that we issue under this part contains all of the
information shown in this section.
(a) Your full name as it appears on the state certified
reproduction of your birth record or replacement birth record;
(b) Your date of birth;
(c) The date the CDIB is issued;
(d) Your documented blood degree;
(e) The names of the federally recognized Indian tribe(s) from
which your blood degree is derived;
(f) The base roll is identified;
(g) The deciding Bureau officer's signature and title;
(h) The issuing office and address; and
(i) The following statement: This CDIB is the property of the U.S.
Government. It may not be used to determine restricted or trust status
of lands owned by a CDIB holder who is subject to any Federal law
containing special standards for determining blood degree for purposes
of identifying restricted or trust land status. This document does not
constitute membership in the referenced tribe(s). The tribe is the sole
determiner of tribal membership and should be contacted for further
information. Counterfeiting, altering, or misusing this CDIB is a
violation of 18 U.S.C. 499 and 701. The Bureau of Indian Affairs may
recall this CDIB upon issuing a final decision to recall after
exhaustion of appeal rights.
Sec. 70.28 Do I become a member of an Indian Tribe when the Bureau
issues me a Certificate of Degree of Indian or Alaska Native Blood?
No.
(a) A CDIB issued by the Bureau does not establish membership in a
federally recognized Indian tribe. Only a tribe may determine
membership.
(b) The issuance of a CDIB is not an enrollment action and 25 CFR
62.4 is not applicable to actions related to CDIBs.
Sec. 70.29 What response can I expect from the Bureau when I make a
request for a Certificate of Degree of Indian or Alaska Native Blood?
(a) The deciding Bureau official may determine your degree of
Indian blood and issue a CDIB within 45 to 60 days. The deciding Bureau
official will notify the requester if more time is needed to process
the request.
(1) We will either:
(i) Send you the CDIB by regular mail at the address on your
request or change of address received by the deciding Bureau official,
or
(ii) Give you the CDIB in person with the letter under
Sec. 70.20(a)(2). You will be required to sign and date an
acknowledgment that you received both the CDIB and this letter. You
will be provided a copy of this acknowledgment as a receipt.
(2) We will include a letter with the CDIB that:
(i) Tells you to carefully review the information on the CDIB to be
sure that it is accurate;
(ii) States that if you disagree with any of the information on the
CDIB, you should take the steps described in the letter; and
(iii) Describes the steps in Sec. 70.30 of these regulations.
(b) The deciding Bureau official may deny your CDIB request, if you
fail to establish that you have Indian blood under the eligibility
requirements of Sec. 70.10.
(1) We will either:
(i) Send you the denial in writing by certified mail at the address
appearing on your request or change of address received by the deciding
Bureau official, or
(ii) Give you the denial in person with the letter under
Sec. 70.20(b)(2). You will be required to sign and date an
acknowledgment that you received both the denial and this letter. You
will be provided a copy of this acknowledgment as a receipt.
(2) The denial letter will:
(i) Explain the reason(s) for the denial; and
(ii) Contain a statement of your appeal rights and enclose a copy
of subpart E of this part.
Subpart E--Appeal Procedures
Sec. 70.30 What can I do if I do not agree with the deciding Bureau
official who issued the degree of Indian blood or other information
contained on my Certificate of Degree of Indian or Alaska Native Blood?
(a) If you do not agree with the degree of Indian blood or other
information on the CDIB, you must notify the deciding Bureau official
in writing within 45 days of the date of the letter (60 days for Alaska
tribes) that transmitted the CDIB. Your notification must:
(1) State that you believe there has been a mistake;
(2) Describe the mistake which you believe has been made; and
(3) Include any additional documentation to show why you believe a
correction is needed.
(b) The deciding Bureau official will:
(1) Review your letter and make corrections on the CDIB, if he or
she determines that a mistake was made.
(2) Send you a letter containing:
[[Page 20786]]
(i) His or her response decision, including a corrected or new
CDIB, or an explanation about why his or her decision has not been
changed; and
(ii) A statement of your appeal rights and an enclosed copy of this
subpart E.
(c) The deciding Bureau official's response decision must be
delivered to you either:
(1) By certified mail, return receipt requested, at the address
appearing on your request or change of address received by the deciding
Bureau official; or
(2) In person, by giving you the response decision and having you
sign and date an acknowledgment that you received the response decision
and also the corrected or new CDIB, if a corrected or new CDIB is given
to you.
(d) If you disagree with the deciding Bureau official's response
decision, you may file an appeal if you are the person named in the
CDIB. You may also have your authorized representative or an attorney
file an appeal on your behalf.
Sec. 70.31 What can I do if my request for a Certificate of Degree of
Indian or Alaska Native Blood is denied?
If your request for a CDIB is denied, you may file an appeal if you
are the person named in the denial. You may also have your authorized
representative or an attorney file an appeal on your behalf.
Sec. 70.32 What is the deadline for filing my appeal, and what will
happen if I do not meet the deadline?
(a) You must appeal any decision made under this part within 45
days of receiving the decision (60 days for Alaska tribes). (Decisions
made under this part are: a denial decision described in Sec. 70.29(b),
a response decision described in Sec. 70.30 or a decision to invalidate
or amend your CDIB as described in Sec. 70.37.)
(1) The 45-day appeal period begins on the day of delivery
indicated on the return receipt of certified mail, or on the date our
records indicate you personally received the letter.
(2) The date of filing your notice of appeal is the date it is
postmarked or the date it is personally delivered to the Regional
Director's office.
(3) If the 45th day (60th day for Alaska tribes) falls on a
Saturday, Sunday, legal holiday, or other nonbusiness day, the appeal
period will end on the following working day.
(b) If you do not appeal the decision within the 45-day appeal
period (60-day for Alaska tribes), the decision becomes final for the
Department and is not subject to reconsideration. No extension of time
will be granted for filing a notice of appeal.
Sec. 70.33 What are the steps for filing an appeal when I disagree
with the information on the Certificate of Degree of Indian or Alaska
Native Blood which the deciding Bureau official provided?
You must file your appeal, by mail or by personal delivery, with
the Regional Director named in the decision you are appealing.
(a) You may file an appeal on behalf of more than one person. Each
appealing party must meet the requirements for appeals and must be
listed in the appeal.
(b) Your address and the address of each appealing party must
appear in the appeal. You must promptly notify the Regional Director of
any change of address, otherwise the address you furnish in the appeal
shall be the address of record.
(c) You may request additional time to submit supporting evidence.
The Regional Director may grant you a reasonable period to submit your
evidence. However, you will not be granted additional time to file your
appeal.
(d) If you allow an authorized representative to file your appeal,
we will recognize the authorized representative as fully controlling
the appeal on your behalf.
(1) We will serve any document relating to the appeal on the
authorized representative and consider the document to be served on
you.
(2) If you have more than one authorized representative, service
upon one of your authorized representatives is sufficient.
Sec. 70.34 Can I submit additional information if I choose to file an
appeal and what is the burden of proof?
You should include any supporting evidence not previously furnished
and you may include a copy or reference to any Bureau or tribal records
having a direct bearing on the action. The burden of proof is on you or
your authorized representative.
Sec. 70.35 What action can I expect from the Bureau's Regional
Director if I file an appeal?
(a) The Regional Director must acknowledge in writing the receipt
of your appeal.
(b) The Regional Director will consider the material that you
submit together with whatever additional information he/she considers
pertinent. If the Regional Director relies upon any additional
information, he/she must identify it in the decision.
(c) The Regional Director may issue special instructions to
facilitate his/her work. These instructions must not conflict with this
part.
(d) The Regional Director must issue a written decision on your
appeal within 60 days after:
(1) Receipt of the appeal; or
(2) Timely submission of any additional documents, if you were
given an extension to submit additional documents.
(e) If you are appealing the action of the Regional Director or the
Regional Director recuses for cause his/her authority to make a final
decision, he/she must forward the appeal to the Commissioner for final
action together with any relevant information or records and his/her
recommendations.
Sec. 70.36 What action can I expect if I appeal the Regional
Director's decision?
If you appeal the Regional Director's decision, the Commissioner
must issue a written decision on your appeal within 60 days after:
(a) Receiving your appeal; or
(b) Timely submission of any additional documents, if you were
given an extension to submit additional documents.
Subpart F--Other
Sec. 70.37 Can my Certificate of Degree of Indian or Alaska Native
Blood be invalidated or amended to change my degree of Indian blood? If
so, under what circumstances?
(a) Under some circumstances, we can invalidate or amend your CDIB
without you asking.
(1) The deciding Bureau official may amend your CDIB if there was a
mathematical error in computing degree of Indian blood. For example, if
your mother's CDIB shows her degree of Indian blood as 4/4, your
father's shows his degree of Indian blood as 3/4, and your CDIB shows
your degree of Indian blood as 5/8, the deciding Bureau official will
issue a decision that your degree of Indian blood will be increased to
7/8.
(2) The deciding Bureau official may invalidate or amend your CDIB
if it contains a substantial error in your degree of Indian blood that
results in a manifest injustice to you or to the public interest. For
example, if someone obtains a CDIB based on fraudulent proof of
descendancy from someone on the base rolls or based on a substantial
mistake of fact, the CDIB may be invalidated or amended.
(b) At your request, the deciding Bureau official may amend the
degree of Indian blood on your CDIB.
(1) Your request should cite a mathematical error on the base roll
or a substantial error related to the determination of your degree of
Indian
[[Page 20787]]
blood accompanied by any necessary supporting documentation.
(2) If your request does not meet these requirements, the deciding
Bureau official may deny the request without further review. If your
request meets these requirements, the deciding Bureau official will
examine the Bureau records and any other information that you provide,
and will make a decision.
(c) The deciding Bureau official must notify you in writing of a
decision issued under this section. The notification must:
(1) Include a statement that the decision may be appealed under 25
CFR part 70;
(2) Identify the official to whom you may appeal; and
(3) Enclose a copy of subpart E of this part.
(d) The deciding Bureau official's decision must be delivered to
you by certified mail, return receipt requested, at the address
appearing on your request or change of address received by the deciding
Bureau official, or in person. If the notification of the decision is
delivered in person, you will be required to sign and date an
acknowledgment that you received both the notification and a copy of
subpart E. You will be provided a copy of this acknowledgment as a
receipt.
(e) If you disagree with a decision made under this section, you
may file an appeal if you are named in the CDIB or the amendment or
invalidation of the CDIB. You may authorize a representative, including
an attorney, to file an appeal in your behalf.
Sec. 70.38 Can my Certificate of Degree of Indian or Alaska Native
Blood be sent to an authorized third party?
Yes. Upon your request, the CDIB may be sent or released to an
authorized representative or other designated third party.
Dated: April 7, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 00-9421 Filed 4-17-00; 8:45 am]
BILLING CODE 4310-02-P