The regulations in this part implement Federal statutes for the benefit of Indian tribes by establishing procedures and criteria for the Department to use to determine whether a petitioner is an Indian tribe eligible for the special programs and services provided by the United States to Indians because of their status as Indians. A positive determination will result in Federal recognition status and the petitioner's addition to the Department's list of federally recognized Indian tribes. Federal recognition:
(a) Is a prerequisite to the protection, services, and benefits of the Federal Government available to those that qualify as Indian tribes and possess a government-to-government relationship with the United States;
(b) Means the tribe is entitled to the immunities and privileges available to other federally recognized Indian tribes;
(c) Means the tribe has the responsibilities, powers, limitations, and obligations of other federally recognized Indian tribes; and
(d) Subjects the Indian tribe to the same authority of Congress and the United States as other federally recognized Indian tribes.
Notes of Decisions
Cited in
78
cases (
7 in the last 5 years), 1985–2025 · leading case:
Carcieri v. Salazar, 555 U.S. 379 (2009).
Carcieri v. Salazar, 555 U.S. 379 (2009).
· cites it 4× “25 CFR §83.2 (2008) (providing that federal recognition is needed before an Indian tribe may seek “the protection, services, and benefits of the Federal government”).”
Samish Indian Nation v. United States, 419 F.3d 1355 (Fed. Cir. 2005).
· cites it 4× “25 C.F.R. § 83.2 (2005). The federal government did not formalize the recognition process until 1978 with the Department of the Interior’s adoption of the regulatory acknowledgment criteria now codified at 25 C.”
United States v. Damien Zepeda, 792 F.3d 1103 (9th Cir. 2015).
· cites it 2× “, 2012); see 25 C.F.R. § 83.2 . The BIA has the authority to determine which tribes satisfy the criteria for federal recognition.”
Wyandot Nation of Kansas v. United States, 858 F.3d 1392 (Fed. Cir. 2017).
· cites it 2× “” 25 C.F.R. § 83.2 . And the regulations specifically address entities like the Wyandot Nation, which is asserting that 2 “[W]e may affirm the Court of Federal Claims’ judgment on any ground supported by the record.”
Muwekma Ohlone Tribe v. Salazar, 813 F. Supp. 2d 170 (D.D.C. 2011).
· cites it 3× “” 25 C.F.R. § 83.2 . Pursuant to statutorily delegated authority, the Department is empowered with the authority to determine which currently unrecognized Native American groups meet the criteria for federal recognition.”
Burt Lake Band of Ottawa & Chippewa Indians v. Zinke, 304 F. Supp. 3d 70 (D.C. Cir. 2018).
· cites it 2× “3 (2015) (providing that the regulations "establish[ ] procedures and criteria for the Department to use to determine whether a petitioner is an Indian Tribe eligible for special programs and services" so the regulations apply "only to indigenous entities that are not federally…”
Rhode Island v. Narragansett Indian Tribe, 19 F.3d 685 (1st Cir. 1994).
“The Tribe has articulated no reason why, regardless of its legal status, Congress lacked the power to effectuate this jurisdictional grant. In any event, the Tribe is mistaken in its professed belief that it lacked jurisdictional power at the time of the Settlement Act.”
United Tribe of Shawnee Indians v. United States, 253 F.3d 543 (10th Cir. 2001).
“25 C.F.R. § 83.2 . That purpose would be frustrated if the Judicial Branch made initial determinations of whether groups have been recognized previously or whether conditions for recognition currently exist.”
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