[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR83.8]

[Page 264]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 83--PROCEDURES FOR ESTABLISHING THAT AN AMERICAN INDIAN GROUP EXISTS AS AN INDIAN TRIBE--Table of Contents
 
Sec. 83.8  Previous Federal acknowledgment.

    (a) Unambiguous previous Federal acknowledgment is acceptable 
evidence of the tribal character of a petitioner to the date of the last 
such previous acknowledgment. If a petitioner provides substantial 
evidence of unambiguous Federal acknowledgment, the petitioner will then 
only be required to demonstrate that it meets the requirements of 
Sec. 83.7 to the extent required by this section.
    (b) A determination of the adequacy of the evidence of previous 
Federal action acknowledging tribal status shall be made during the 
technical assistance review of the documented petition conducted 
pursuant to Sec. 83.10(b). If a petition is awaiting active 
consideration at the time of adoption of these regulations, this review 
will be conducted while the petition is under active consideration 
unless the petitioner requests in writing that this review be made in 
advance.
    (c) Evidence to demonstrate previous Federal acknowledgment 
includes, but is not limited to:
    (1) Evidence that the group has had treaty relations with the United 
States.
    (2) Evidence that the group has been denominated a tribe by act of 
Congress or Executive Order.
    (3) Evidence that the group has been treated by the Federal 
Government as having collective rights in tribal lands or funds.
    (d) To be acknowledged, a petitioner that can demonstrate previous 
Federal acknowledgment must show that:
    (1) The group meets the requirements of the criterion in 
Sec. 83.7(a), except that such identification shall be demonstrated 
since the point of last Federal acknowledgment. The group must further 
have been identified by such sources as the same tribal entity that was 
previously acknowledged or as a portion that has evolved from that 
entity.
    (2) The group meets the requirements of the criterion in 
Sec. 83.7(b) to demonstrate that it comprises a distinct community at 
present. However, it need not provide evidence to demonstrate existence 
as a community historically.
    (3) The group meets the requirements of the criterion in 
Sec. 83.7(c) to demonstrate that political influence or authority is 
exercised within the group at present. Sufficient evidence to meet the 
criterion in Sec. 83.7(c) from the point of last Federal acknowledgment 
to the present may be provided by demonstration of substantially 
continuous historical identification, by authoritative, knowledgeable 
external sources, of leaders and/or a governing body who exercise 
political influence or authority, together with demonstration of one 
form of evidence listed in Sec. 83.7(c).
    (4) The group meets the requirements of the criteria in paragraphs 
83.7 (d) through (g).
    (5) If a petitioner which has demonstrated previous Federal 
acknowledgment cannot meet the requirements in paragraphs (d) (1) and 
(3), the petitioner may demonstrate alternatively that it meets the 
requirements of the criteria in Sec. 83.7 (a) through (c) from last 
Federal acknowledgment until the present.