United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2022_register executive 2022-04-27 article Proposed Rules D09002ee1c7a639a8 D09002ee1c7a63a76 United States Department of the Interior originator org United States Government Agency or Subagency United States Bureau of Indian Affairs originator org United States Government Agency or Subagency This proposed rule seeks input on continuation of an express prohibition on re-petitioning under the U.S. Department of the Interior's (Department) regulations for Federal acknowledgment of Indian Tribes. When first promulgated in 1978, the acknowledgment regulations did not provide a regulatory path that allowed re- petitioning, and since 1994, the regulations have expressly prohibited petitioners who have received a negative final determination from the Department from re-petitioning (ban). The most recent update to the regulations in 2015 continued this ban, but two Federal district courts held that the Department's stated reasons for implementing the ban, as articulated in the 2015 final rule updating the regulations (2015 final rule), were arbitrary and capricious, and remanded to the Department for further consideration. The Department has undertaken further consideration and is proposing to maintain the ban, albeit with revised justifications, in light of the Federal district courts' orders. The Department seeks input on this proposal and the basis for its proposal. 87 FR 24908 https://www.govinfo.gov/app/details/FR-2022-04-27/2022-08488 2022-08488 fr27ap22-20 RIN 1076-AF67 4337-15-P 2231A2100DD/AAKC001030/A0A501010.999900 https://www.govinfo.gov/app/details/FR-2022-04-27/2022-08488 https://www.govinfo.gov/content/pkg/FR-2022-04-27/html/2022-08488.htm https://www.govinfo.gov/content/pkg/FR-2022-04-27/pdf/2022-08488.pdf Administrative Practice and Procedure Indians-Tribal Government 11 p. 24908 24918 87 FR 24908 Title 25 Part 83 25 CFR Part 83 RIN 1076-AF67 Federal Acknowledgment of American Indian Tribes; Federal Register Vol. 87, Issue PRORULE 2022-08488 DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 2022-07-06 2231A2100DD/AAKC001030/A0A501010.999900 4337-15-P 2022-08488 Proposed rule.

This proposed rule seeks input on continuation of an express prohibition on re-petitioning under the U.S. Department of the Interior's (Department) regulations for Federal acknowledgment of Indian Tribes. When first promulgated in 1978, the acknowledgment regulations did not provide a regulatory path that allowed re- petitioning, and since 1994, the regulations have expressly prohibited petitioners who have received a negative final determination from the Department from re-petitioning (ban). The most recent update to the regulations in 2015 continued this ban, but two Federal district courts held that the Department's stated reasons for implementing the ban, as articulated in the 2015 final rule updating the regulations (2015 final rule), were arbitrary and capricious, and remanded to the Department for further consideration. The Department has undertaken further consideration and is proposing to maintain the ban, albeit with revised justifications, in light of the Federal district courts' orders. The Department seeks input on this proposal and the basis for its proposal.

Please submit your comments by July 6, 2022. Consultation sessions with federally recognized Indian Tribes will be held on Thursday, June 2, 2022, 3 p.m. to 5 p.m. ET and Monday, June 6, 2022, 2 p.m. to 4 p.m. ET. A listening session for present, former, and prospective petitioners will be held on Thursday, June 9, 2022, 3 p.m. to 5 p.m. ET. Steven Mullen, Federal Register Liaison, Office of Regulatory Affairs & Collaborative Action--Indian Affairs, (202) 924-2650, RACA@bia.gov. Administrative Practice and Procedure Indians-Tribal Government Federal Acknowledgment of American Indian Tribes, consultation@bia.gov RACA@bia.gov https://www.bia.gov/as-ia/ofa/decided-cases https://www.justice.gov/oip/page/file/1199421/download https://www.regulations.gov https://www.zoomgov.com/meeting/register/vJIscOGpqj8uG09-rMrR2FeecAzGmJmf78s https://www.zoomgov.com/meeting/register/vJIscu2prz4pHbtqqZn0-5f8oRU5jEYKGDg https://www.zoomgov.com/meeting/register/vJIsdu-opjMtHR5nht0X2HKcjOh35Oz23SU Vol. 87, no. 81 Office of the Federal Register, National Archives and Records Administration 2022-04-27 continuing daily deposited born digital 301 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2022-04-27 P0b002ee1b515f76e 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr27ap22 https://www.govinfo.gov/app/details/FR-2022-04-27 https://www.govinfo.gov/content/pkg/FR-2022-04-27/pdf/FR-2022-04-27.pdf https://www.govinfo.gov/content/pkg/FR-2022-04-27/xml/FR-2022-04-27.xml fdlp 24847 25138 DGPO 2022-04-27 2024-05-29 FR-2022-04-27 machine generated eng FR FR-2022-04-27 87 81