Frank B. James v. United States Department of Health and Human Services

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a Part 83 petition “is required ás a prerequisite ’to acknowledgment”
• stating that Part 83 lays out the process “allowing] any Indian group that is not currently acknowledged by the Department - of the Interior to apply for federal recognition”
• stating that “Congress has specifically authorized the Executive Branch to prescribe regulations concerning Indian affairs and relations. The purpose of the regulatory scheme is to . . . determine which Indian groups exist as tribes” (citations omitted)
• noting the Department’s “expertise in the area of tribal recognition” including “two historians, two anthropologists, and two geneological [sic] researchers,” which made it “apparent that the agency should be given the opportunity to apply its expertise prior to judicial involvement”
• after regulations were, in effect, “the time for a different conclusion [than the ruling in Mashpee Tribe ] has come”
• “The Department of the Interior’s Branch of Acknowledgment and Research was established for determining whether groups seeking tribal recognition actually constitute Indian tribes and presumably to determine which tribes have previously obtained federal recognition”

Source: CourtListener parenthetical corpus (CC0).