indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Appropriations bill blocks new federal recognition regulation

Filed Under: National | Politics | Federal Recognition
More on: 114th, appropriations, bia, fy2017, house, part 83, republicans
     
   

An undated photo of the Pamunkey Reservation in Virginia. The Pamunkey Tribe is the most recent petitioning group to gain federal recognition through the Bureau of Indian Affairs process. Photo from Virginia Department of Historic Resources

An appropriations bill released on Tuesday prevents the Bureau of Indian Affairs from implementing reforms to the federal recognition process.

The BIA finalized the Part 83 reforms in June 2015 after more than two years of work. Even though several controversial provisions were removed, Republicans in Congress are still trying to block the changes.

The anti-reform effort surfaced last summer during consideration of the fiscal year 2016 appropriations bill for the Interior Department. But that measure died when Republican leaders pulled the measure due to an unrelated dispute over the Confederate flag.

The controversy appeared to be over when the fiscal year 2016 omnibus appropriations bill that cleared Congress in December failed to include similar language.


Section 125 of the fiscal year 2017 Interior and Environment Appropriations bill bars the Bureau of Indian Affairs from implementing reforms to the federal recognition process.

The prohibition, however, has been resurrected in the fiscal year 2017 Interior and Environment Appropriations bill. Section 125 of the 156-page measure bars the BIA from using federal funds to "implement, administer, or enforce" the new regulation.

The House Appropriations Subcommittee on Interior, Environment, and Related Agencies is meeting on Wednesday for a markup session on the bill. Assuming it's approved, it will be sent to the full House Appropriations Committee for review before going to the House floor.

Historically, it's been difficult for tribes and Indian interests to remove negative riders during the legislative process. But since Congress has failed to advance a stand-alone Interior appropriations bill for the last six years, floor battles of the kind seen in the 2000s have disappeared.

The Part 83 recognition reforms were written to help address bottlenecks in the federal acknowledgment process. The most significant change allows the BIA to rely on the year 1900 as the starting date for evaluating evidence submitted by petitioning groups. For tribes whose time of contact with European settlers dates to the 1600s, the process has become extremely cumbersome and lengthy.

Some petitioners have chosen to follow the 2015 revisions so blocking the rule will definitely have an impact. They would be required to go back to a prior version of the Part 83 process, an option that other groups have chosen to follow.

Bureau of Indian Affairs Final Part 83 Documents:
Final Rule | Policy Guidance | Fact Sheet

Federal Register Notices:
Hearing Process Concerning Acknowledgment of American Indian Tribes (August 13, 2015)
Requests for Administrative Acknowledgment of Federal Indian Tribes (July 1, 2015)
Federal Acknowledgment of American Indian Tribes (July 1, 2015)
Hearing and Re-Petition Authorization Processes Concerning Acknowledgment of American Indian Tribes (June 19, 2014)

Related Stories:
Omnibus appropriations bill could block BIA recognition reforms (12/10)
USET leader criticizes GOP lawmakers for handling of Indian issues (12/08)
House committee holds another hearing on federal recognition bill (12/08)
House committee holds second hearing on federal recognition bill (12/02)
John Yellowbird Steele: Bill tries to hijack recognition process (11/24)
Republicans push for federal recognition bill despite opposition (10/29)
Top GOP lawmaker takes aim at BIA's Washburn ahead of hearing (10/28)
Assistant Secretary Washburn to testify on federal recognition bill (10/27)
House subcommittee takes up federal recognition bill at hearing (10/26)
Bill strips Bureau of Indian Affairs of federal recognition powers (10/22)
House subcommittee embraces two tribal federal recognition bills (09/30)
DOI finalizes new rule for appeals in federal recognition cases (08/13)
BIA adopts new policy regarding federal recognition process (06/30)
Lobbyists met at White House to discuss federal recognition (6/30)
BIA issues long-awaited update to federal recognition process (6/29)
Appropriations measure blocks BIA's federal recognition reforms (06/16)
No movement on reform of federal recognition process at BIA (05/04)
BIA faces fire over latest reforms to federal recognition process (4/23)
BIA submits federal recognition rule to White House for review (4/21)
House subcommittee to hold hearing on BIA recognition reform (4/20)
Lawmakers want BIA to delay new federal recognition reforms (03/27)
BIA expected to finalize changes to federal recognition process (3/24)

Copyright © Indianz.Com
More headlines...

Latest Headlines:

Tribes in for long haul as oil continues to flow through Dakota Access
Mark Trahant: Don't plan on getting sick if you're from Indian Country
Tiffany Midge: I shall joke as long as the grass grows and the rivers flow
Director of Office of Indian Energy deletes offensive Twitter account
States cheer decision on grizzly bears amid tribal concerns about hunts
Washington asks high court to overturn Yakama Nation treaty victory
New York Times editorial board reconsiders stance on racist trademarks
Colville Tribes remove council member a week before citizens go to polls
Marijuana firm promises big investments with help of ex-Seminole chair
Lumbee Tribe ordered to release voter list to opponents of chairman
National Indian Gaming Association chooses David Bean as vice chair
Eastern Cherokee citizen promoted to vice president of casino marketing
Tribes in Connecticut waiting on governor to sign bill for new casino
Secretary Zinke removes protections for grizzlies over tribal objections
Court sets final deadline for remaining payments from Cobell settlement
Mary Annette Pember: Indian Child Welfare Act strengthens our families
Peter d'Errico: Navajo authors offer fresh perspective on sovereignty
Native woman was jailed and forced to ride with assailant during trial
Ute Mountain Ute Tribe challenges new permit for uranium operation
Montana tribes get new member of Congress who pleaded to assault
Connecticut tribes welcome court decision favoring new casino law
Pueblo tribes dispute state's demand for $40M in gaming revenues
Mashpee Wampanoag Tribe remains confident of approval of casino
Nooksack Tribe accepting slot tickets while casino remains closed
Key House committee under fire for moving slowly on tribal agenda
Tribes go it alone on climate change as Trump team shifts priorities
Bryan Newland: President Trump's budget threatens tribal treaties
Steve Russell: The GI Bill changed the United States for the better
Harold Monteau: Democrats lack proactive agenda, proactive strategy
St. Regis Mohawk Tribe orders 20 non-citizens to leave reservation
Wilton Rancheria accused of working too closely with city on casino
Witness list for hearing on bill to reform the Indian Health Service
Arne Vainio: What does the princess want to be when she grows up?
Doug George-Kanentiio: 'Spirit Game' brings Iroquois lacrosse to life
Cronkite News: Navajo activist vows fight against racist NFL mascot
Eric Hannel: Addressing the health care crisis among Native Americans
Bill for tribal regalia at graduation ceremonies advances in California
Ramapough Lunaape Nation wins reversal of ruling on prayer camp
Mashpee Wampanoag Tribe still waits on casino ruling from Trump team
Another former leader of Winnebago Tribe pleads in gaming theft case
Supreme Court ruling poses hurdle for opponents of racist NFL mascot
Change the Mascot campaign responds to negative Supreme Court ruling
Secretary Zinke set for another hearing on Interior Department budget
Mark Trahant: Republicans write health reform bill behind closed doors
Jeff Grubbe: Agua Caliente Band focuses on protecting our groundwater
Steven Newcomb: Asserting our traditions in the era of Donald Trump
Shasta Dazen: 'Family Spirit' program incorporates our tribal traditions
Secretary Zinke shuffles top Indian Affairs officials at Interior Department
Choctaw Nation travels to Ireland to dedicate 'Kindred Spirits' sculpture
Nooksack Tribe closes doors to casino after being hit with federal order
Muscogee Nation asserts authority at allotment where casino was proposed
Mark Trahant: Dakota Access decision offers a chance to return to respect
Cheyenne River Sioux Tribe hails 'victory' in Dakota Access Pipeline case
Nooksack Tribe told to close casino amid leadership and citizenship feud
Kristi Noem: Enough is enough - It's time to fix the Indian Health Service
Second hearing scheduled on bill to reform the Indian Health Service
Trump nominee for appeals court seen as favorable to tribal interests
>>> more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.