Rule2025-02558
Federal Acknowledgment of American Indian Tribes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 13, 2025
Effective
January 15, 2025
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
On January 15, 2025, the Department of Interior (Department) published in the Federal Register a final rule revising regulations governing the Federal acknowledgment process. The rule was set to take effect February 14, 2025; however, the department is delaying that date. The new effective date is March 21, 2025.
Full Text
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<title>Federal Register, Volume 90 Issue 29 (Thursday, February 13, 2025)</title>
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[Federal Register Volume 90, Number 29 (Thursday, February 13, 2025)]
[Rules and Regulations]
[Pages 9515-9516]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02558]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 83
[BIA-2022-0001; 256A2100DD AAKP300000 A0A501010.000000]
RIN 1076-AF67
Federal Acknowledgment of American Indian Tribes
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule; delay of effective date.
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SUMMARY: On January 15, 2025, the Department of Interior (Department)
published in the Federal Register a final rule revising regulations
governing the Federal acknowledgment process. The rule was set to take
effect February 14, 2025; however, the department is delaying that
date. The new effective date is March 21, 2025.
DATES: The effective date for the final rule published on January 15,
2025, at 90 FR 3627, is delayed to March 21, 2025.
FOR FURTHER INFORMATION CONTACT: Oliver Whaley, Director, Office of
Regulatory Affairs and Collaborative Action, Office of the Assistant
Secretary--Indian Affairs (AS-IA), (202) 738-6065. Individuals in the
United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services.
SUPPLEMENTARY INFORMATION: On January 15, 2025, the Department of the
Interior published a final rule creating a conditional, time-limited
opportunity for petitioners denied Federal acknowledgment to re-
petition, through implementation of a re-petition authorization
process. The final rule appends a new subpart titled ``Subpart D--Re-
Petition Authorization Process'' to the end of the current part 83
regulations. The new subpart applies to ``unsuccessful petitioner[s],''
which is a new term defined in Sec. 83.1. The final rule also inserts
new definitions for ``re-petition authorization process'' and ``re-
petitioning'' in Sec. 83.1. Additionally, the final rule revises 25
CFR 83.4(d), the provision that previously prohibited re-petitioning.
The provision as revised notes a limited exception to the re-petition
ban for unsuccessful petitioners that meet the conditions of Sec. Sec.
83.47 through 83.49, as determined by AS-IA in the re-petition
authorization process.
On January 20, 2025, after publication of the final rule, the
President of the United States issued a Presidential Memorandum (PM)
titled ``Regulatory Freeze Pending Review.'' \1\ The PM orders all
executive departments and agencies to consider postponing for 60 days
from the date of the PM the effective date for any rules published in
the Federal Register that have not taken effect, ``for the purpose of
reviewing any questions of fact, law, and policy that the rules may
raise.'' \2\
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\1\ Presidential Memorandum on Regulatory Freeze Pending Review
(Jan. 20, 2025), <a href="https://www.whitehouse.gov/presidential-actions/2025/01/regulatory-freeze-pending-review/">https://www.whitehouse.gov/presidential-actions/2025/01/regulatory-freeze-pending-review/</a>.
\2\ Id.
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Here, good cause exists for postponing the effective date of the
final rule for 60 days from the date of the PM, without subjecting the
postponement to notice-and-comment procedure. As a preliminary matter,
notice-and-comment procedure would be impracticable. The time frame for
the receipt and review of comments would necessarily extend past the
original, February 14 effective date and likely past the new, March 21
effective date as well.
Additionally, a 35-day postponement is reasonable. Pursuant to 25
U.S.C. 2, the Secretary of the Interior has ``the management of all
Indian affairs and of all matters arising out of Indian relations,''
including the administration of the Department's Federal acknowledgment
process.\3\ Whether to allow re-petitioning is a policy determination
that falls within the scope of ``the management of all Indian
affairs,'' and the new administration needs time to review the policy
determination, consistent with the direction set forth in the PM.
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\3\ See, e.g., Muwekma Ohlone Tribe v. Salazar, 708 F.3d 209,
211 (D.C. Cir. 2013); James v. United States Dep't of Health & Human
Servs., 824 F.2d 1132, 1137 (D.C. Cir. 1987).
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[[Page 9516]]
For the reasons stated above, the final rule is now effective on
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March 21, 2025.
Bryan Mercier,
Director, Bureau of Indian Affairs Exercising the delegated authority
of the Assistant Secretary--Indian Affairs.
[FR Doc. 2025-02558 Filed 2-12-25; 8:45 am]
BILLING CODE 4337-15-P
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</html>Indexed from Federal Register on February 13, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.