25 C.F.R. § 292.10
How does a tribe qualify as having been restored to Federal recognition?
For a tribe to qualify as having been restored to Federal recognition for purposes of § 292.7, the tribe must show at least one of the following:
(a) Congressional enactment of legislation recognizing, acknowledging, affirming, reaffirming, or restoring the government-to-government relationship between the United States and the tribe (required for tribes terminated by Congressional action);
(b) Recognition through the administrative Federal Acknowledgment Process under § 83.8 of this chapter; or
(c) A Federal court determination in which the United States is a party or court-approved settlement agreement entered into by the United States.
Notes of Decisions
Cited in 3
cases, 2017–2019 · leading case: Koi Nation of N. Cal. v. U.S. Dep't of the Interior, 361 F. Supp. 3d 14 (D.C. Cir. 2019).
Koi Nation of N. Cal. v. U.S. Dep't of the Interior, 361 F. Supp. 3d 14 (D.C. Cir. 2019). “The Koi Nation finally received a response to the tribe's multiple requests for a determination on January 19, 2017, when DOI issued the decision challenged in this lawsuit, concluding that the tribe is not eligible to game on lands under IGRA's restored lands exception, in…”
Cnty. of Amador v. United States Dep't of the Interior, 872 F.3d 1012 (9th Cir. 2017). “25 C.F.R. § 292.10 . In other words, the restored tribe exception, as interpreted by Interior, does not apply to tribes—such as the lone Band—that were administratively restored outside the Part 83 process either before or after that process was put into place in 1978.”
Stand Up for California! v. United States Dep't of Interior (D.D.C. 2019). “25 C.F.R. § 292.10 (c); see AR14038–39, AR596–621.”
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