25 C.F.R. § 62.2
Purpose
(a) The regulations in this part are to provide procedures for the filing and processing of appeals from adverse enrollment actions by Bureau officials.
(b) The regulations in this part are not applicable and do not provide procedures for the filing of appeals from adverse enrollment actions by tribal committees, unless:
(1) The adverse enrollment action is incident to the preparation of a tribal roll subject to Secretarial approval; or
(2) An appeal to the Secretary is provided for in the tribal governing document.
Notes of Decisions
Cited in 2
cases, 2013–2016 · leading case: Cahto Tribe of the Laytonville Rancheria v. Dutschke, 715 F.3d 1225 (9th Cir. 2013).
Cahto Tribe of the Laytonville Rancheria v. Dutschke, 715 F.3d 1225 (9th Cir. 2013). “” 5 25 C.F.R. § 62.2 . The regulations enumerate various “adverse enrollment action[s]” that an aggrieved individual may appeal, including: “The rejection of an application for enrollment or the disenrollment of a tribal member by a tribal committee when the tribal governing…”
Margaret Miranda v. Sally Jewell, 671 F. App'x 574 (9th Cir. 2016). “See 25 C.F.R. §§ 62.2 , 62.10. In disposing of such an appeal, the Bureau does not abuse its discretion where it defers to an Indian tribe’s “reasonable interpretation[ ] of [its] own laws.”
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