A: Tribal leaders have widely criticized the existing regulations, known as the Part 83 process, as too time-consuming — often taking decades, sometimes arbitrary and generally broken. Proposed changes include requiring a petitioner to show community and political influence/authority from 1934 to the present rather than from as early as 1789; and eliminating the need for a petitioner to demonstrate that third parties identified the petitioner as a tribe from 1900 to the present. The proposed rule also would make changes to the petitioning process deadlines, ultimately facilitating the timely issuance of final determinations. Lastly, if a petitioner is not acknowledged, it also would allow an administrative judge to conduct a comprehensive hearing and review of a negative proposed finding.

Q: What’s the impact of the the Bureau of Indian Affairs’ proposed new rules for recognizing Indian tribes?

Q: What business opportunities does this open for tribes?

A: Of the 566 federally recognized tribes, the government only has recognized 17 through the Part 83 process. When petitioning Indian entities that meet the several criteria are officially “acknowledged” as Indian tribes, the U.S. government accepts trusteeship of tribal lands and natural resources, and tribal governments and members become eligible to receive federal health, education, housing and other program and technical assistance services. Additionally, recognized tribal governments can enforce the federal Indian trust responsibility, a fiduciary obligation of the United States to protect tribal treaty rights, lands, assets, and resources, as well as a duty to carry out the mandates of federal law for American Indian and Alaska Native tribes and villages.

Q: How could the changes affect Oklahoma tribes and their business interests?

A: Currently, 39 federally recognized Indian tribes reside within Oklahoma. The change from a mere Indian entity to a federally recognized Indian tribe has the potential to affect the financial security and longevity of the tribe and its citizens. Today, four Indian entities in Oklahoma currently seek federal recognition. If the BIA adopts the proposed rules, the chance of these Indian entities receiving acknowledgment inevitably will increase. Additionally, the proposed rule would allow those Oklahoma Indian entities denied recognition by the BIA in the past to re-petition for recognition in limited circumstances.