25 C.F.R. § 292.9
How does a tribe show that it lost its government-to-government relationship?
For a tribe to qualify as having lost its government-to-government relationship for purposes of § 292.7, it must show that its government-to-government relationship was terminated by one of the following means:
(a) Legislative termination;
(b) Consistent historical written documentation from the Federal Government effectively stating that it no longer recognized a government-to-government relationship with the tribe or its members or taking action to end the government-to-government relationship; or
(c) Congressional restoration legislation that recognizes the existence of the previous government-to-government relationship.
Notes of Decisions
Cited in 3
cases, 2019–2020 · 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). “As to the second requirement, a tribe may show loss of the government-to-government relationship through "[c]onsistent historical written documentation" from the United States "effectively stating that it no longer recognized a government-to-government relationship with the…”
Stand Up for California! v. United States Dep't of Interior (D.D.C. 2019). “See AR14038; 25 C.F.R. § 292.9 (a). Third, a “court-approved settlement agreement entered into by the United States” restored Wilton to federal recognition.”
Cherokee Nation, The v. Bernhardt (N.D. Okla. 2020). “§ 2719 (a)(2)(A)(i) and 25 C.F.R. § 292.9 ; and that because the 2.”
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