§292.8. How does a tribe qualify as having been federally recognized?

25 C.F.R. § 292.8

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, amendments, and revision history

Authority: 5 U.S.C. 301, 25 U.S.C. 2, 9, 2719, 43 U.S.C. 1457.

Source: 73 FR 29375, May 20, 2008, unless otherwise noted.