25 C.F.R. § 292.8
How does a tribe qualify as having been federally recognized?
For a tribe to qualify as having been at one time federally recognized for purposes of § 292.7, one of the following must be true:
(a) The United States at one time entered into treaty negotiations with the tribe;
(b) The Department determined that the tribe could organize under the Indian Reorganization Act or the Oklahoma Indian Welfare Act;
(c) Congress enacted legislation specific to, or naming, the tribe indicating that a government-to-government relationship existed;
(d) The United States at one time acquired land for the tribe's benefit; or
(e) Some other evidence demonstrates the existence of a government-to-government relationship between the tribe and the United States.
Notes of Decisions
Cited in 2
cases, 2019–2019 · 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). “" 25 C.F.R. § 292.8 . The defendants concede that the United States acquired land for the Koi Nation's benefit in 1916, see AR at 2 (DOI 2017 Decision at 2) ("On January 25, 1916, the United States acting through [BIA] purchased a tract of approximately 141 acres that became the…”
Stand Up for California! v. United States Dep't of Interior (D.D.C. 2019). “Wilton meets the first condition because it was at one time federally recognized under at least three of the five methods for determining tribal recognition listed in 25 C.F.R. § 292.8 . See AR14037. Congress terminated the Wilton Rancheria in the CRA, proving the existence of a…”
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