regulation

§ 83.12

25 CFR Ch. I (4–1–06 Edition)

(2) If the Board affirms the Assistant
Secretary’s decision under § 83.11(e)(9)
but finds that the petitioner or interested parties have alleged other
grounds for reconsideration, the Board
shall send the requests for reconsideration to the Secretary. The Secretary
shall have the discretion to request
that the Assistant Secretary reconsider the final determination on those
grounds.
(3) The Secretary, in reviewing the
Assistant Secretary’s decision, may review any information available, whether formally part of the record or not.
Where the Secretary’s review relies
upon information that is not formally
part of the record, the Secretary shall
insert the information relied upon into
the record, together with an identification of its source and nature.
(4) Where the Board has sent the Secretary a request for reconsideration
under paragraph (f)(2), the petitioner
and interested parties shall have 30
days from receiving notice of the
Board’s decision to submit comments
to the Secretary. Where materials are
submitted to the Secretary opposing a
petitioner’s request for reconsideration, the interested party shall provide copies to the petitioner and the
petitioner shall have 15 days from their
receipt of the information to file a response with the Secretary.
(5) The Secretary shall make a determination whether to request a reconsideration of the Assistant Secretary’s
determination within 60 days of receipt
of all comments and shall notify all
parties of the decision.
(g)(1) The Assistant Secretary shall
issue a reconsidered determination
within 120 days of receipt of the
Board’s decision to remand a determination or the Secretary’s request for
reconsideration.
(2) The Assistant Secretary’s reconsideration shall address all grounds determined to be valid grounds for reconsideration in a remand by the Board,
other grounds described by the Board
pursuant to paragraph (f)(1), and all
grounds specified in any Secretarial request. The Assistant Secretary’s reconsideration may address any issues and
evidence consistent with the Board’s
decision or the Secretary’s request.

(h)(1) If the Board finds that no petitioner’s or interested party’s request
for reconsideration is timely, the Assistant Secretary’s determination shall
become effective and final for the Department 120 days from the publication
of the final determination in the FEDERAL REGISTER.
(2) If the Secretary declines to request reconsideration under paragraph
(f)(2) of this section, the Assistant Secretary’s decision shall become effective
and final for the Department as of the
date of notification to all parties of the
Secretary’s decision.
(3) If a determination is reconsidered
by the Assistant Secretary because of
action by the Board remanding a decision or because the Secretary has requested reconsideration, the reconsidered determination shall be final and
effective upon publication of the notice
of this reconsidered determination in
the FEDERAL REGISTER.
§ 83.12 Implementation of decisions.
(a) Upon final determination that the
petitioner exists as an Indian tribe, it
shall be considered eligible for the
services and benefits from the Federal
government that are available to other
federally recognized tribes. The newly
acknowledged tribe shall be considered
a historic tribe and shall be entitled to
the privileges and immunities available to other federally recognized historic tribes by virtue of their government-to-government relationship with
the United States. It shall also have
the responsibilities and obligations of
such tribes. Newly acknowledged Indian tribes shall likewise be subject to
the same authority of Congress and the
United States as are other federally acknowledged tribes.
(b) Upon acknowledgment as an Indian tribe, the list of members submitted as part of the petitioners documented petition shall be the tribe’s
complete base roll for purposes of Federal funding and other administrative
purposes. For Bureau purposes, any additions made to the roll, other than individuals who are descendants of those
on the roll and who meet the tribe’s
membership criteria, shall be limited
to those meeting the requirements of
§ 83.7(e) and maintaining significant social and political ties with the tribe

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Bureau of Indian Affairs, Interior

§ 84.002

(i.e., maintaining the same relationship with the tribe as those on the list
submitted with the group’s documented petition).
(c) While the newly acknowledged
tribe shall be considered eligible for
benefits and services available to federally recognized tribes because of their
status as Indian tribes, acknowledgment of tribal existence shall not create immediate access to existing programs. The tribe may participate in existing programs after it meets the specific program requirements, if any, and
upon appropriation of funds by Congress. Requests for appropriations shall
follow a determination of the needs of
the newly acknowledged tribe.
(d) Within six months after acknowledgment, the appropriate Area Office
shall consult with the newly acknowledged tribe and develop, in cooperation
with the tribe, a determination of
needs and a recommended budget.
These shall be forwarded to the Assistant Secretary. The recommended budget will then be considered along with
other recommendations by the Assistant Secretary in the usual budget request process.
§ 83.13 Information collection.
(a) The collections of information
contained in § 83.7 have been approved
by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1076–0104. The
information will be used to establish
historical existence as a tribe, verify
family relationships and the group’s
claim that its members are Indian and
descend from a historical tribe or
tribes which combined, that members
are not substantially enrolled in other
Indian tribes, and that they have not
individually or as a group been terminated or otherwise forbidden the Federal relationship. Response is required
to obtain a benefit in accordance with
25 U.S.C. 2.
(b) Public reporting burden for this
information is estimated to average
1,968 hours per petition, including the
time
for
reviewing
instructions,
searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information. Send comments
regarding this collection of informa-

tion, including suggestions for reducing the burden, to both the Information Collection Clearance Officer, Bureau of Indian Affairs, Mail Stop 336–
SIB, 1849 C Street, NW., Washington,
DC 20240; and to the Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington,
DC 20503.

PART
84—ENCUMBRANCES
TRIBAL LAND—CONTRACT
PROVALS

Sec.
84.001 What is the purpose of this part?
84.002 What terms must I know?
84.003 What types of contracts and agreements require Secretarial approval under
this part?
84.004 Are there types of contracts and
agreements that do not require Secretarial approval under this part?
84.005 Will the Secretary approve contracts
or agreements even where such approval
is not required under this part?
84.006 Under what circumstances will the
Secretary disapprove a contract or agreement that requires Secretarial approval
under this part?
84.007 What is the status of a contract or
agreement that requires Secretarial approval under this part but has not yet
been approved?
84.008 What is the effect of the Secretary’s
disapproval of a contract or agreement
that requires Secretarial approval under
this part?
AUTHORITY: 25 U.S.C. 81, Pub. L. 106–179.
SOURCE: 66 FR 38923, July 26, 2001, unless
otherwise noted.

§ 84.001 What is the purpose of this
part?
The purpose of this part is to implement the provisions of the Indian Tribal Economic Development and Contract Encouragement Act of 2000, Public Law 106–179, which amends section
2103 of the Revised Statutes, found at
25 U.S.C. 81.
§ 84.002 What terms must I know?
The Act means the Indian Tribal Economic Development and Contract Encouragement Act of 2000, Public Law
106–179, which amends section 2103 of
the Revised Statutes, found at 25
U.S.C. 81.
Encumber means to attach a claim,
lien, charge, right of entry or liability

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