25 C.F.R. § 62.4

Who may appeal

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(a) A person who is the subject of an adverse enrollment action may file or have filed on his/her behalf an appeal. An adverse enrollment action is:

(1) The rejection of an application for enrollment by a Bureau official incident to the preparation of a roll for Secretarial approval;

(2) The removal of a name from a tribal roll by a Bureau official incident to review of the roll for Secretarial approval;

(3) The rejection of an application for enrollment or the disenrollment of a tribal member by a tribal committee when the tribal governing document provides for an appeal of the action to the Secretary;

(4) The change in degree of Indian blood by a tribal committee which affects a tribal member when the tribal governing document provides for an appeal of the action to the Secretary;

(5) The change in degree of Indian blood by a Bureau official which affects an individual; and

(6) The certification of degree of Indian blood by a Bureau official which affects an individual.

(b) A tribal committee may file an appeal as provided for in § 61.11 of this chapter.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2013–2022 · leading case: Tiffany Aguayo v. S.M.R. Jewell, 827 F.3d 1213 (9th Cir. 2016).

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Tiffany Aguayo v. S.M.R. Jewell, 827 F.3d 1213 (9th Cir. 2016). “” 25 C.F.R. § 62.4 (a)(3). Plaintiffs argue that the ASIA abused his discretion when he concluded that the 1997 Constitution was the valid governing document of the tribe, and that applicable tribal law did not authorize the agency to compel the Pala Band to re-enroll Plaintiffs.”

Cahto Tribe of the Laytonville Rancheria v. Dutschke, 715 F.3d 1225 (9th Cir. 2013). · cites it 2× “” 25 C.F.R. § 62.4 (a)(3). The IBIA nevertheless concluded that this regulation did not provide authority to review in that case because the decisions purported to address the Tribe’s appeal, not Sloan’s.”

W. Shoshone Identifiable Grp. v. United States (Fed. Cl. 2019). “See 25 C.F.R. § 62.4 (2007) (“A person who is the subject of an adverse enrollment action may file or have filed on his/her behalf an appeal.”

W. Shoshone Identifiable Grp. v. United States (Fed. Cl. 2022). “See 25 C.F.R. § 62.4 (2007) (“A person who is the subject of an adverse enrollment action may file or have filed on his/her behalf an appeal.”

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