2001 CFR Title 25, Chapter 1, Part 83

Code of Federal Regulations
Title 25--Indians

Chapter 1--Bureau of Indian Affairs, Department of the Interior

PART 83--Procedures for establishing that an American Indian group exists as an Indian tribe

83.1 Definitions.

83.2 Purpose.

83.3 Scope.

83.4 Filing a letter of intent.

83.5 Duties of the Department

83.6 General provisions for the documented petition.

83.7 Mandatory criteria for Federal acknowledgment.

83.8 Previous Federal acknowledgment.

83.9 Notice of receipt of a petition.

83.10 Processing of the documented petition.

83.11 Independent review, reconsideration and final action.

83.12 Implementation of decisions.

83.13 Information collection.

"At the most general level, a tribe is simply a group of Indians that has been recognized as constituting a distinct and historically continuous political entity for at least some governmental purpose."
- US. Supreme Court, Montoya v. United States 1901, p. 266

The Bureau of Indian Affairs states there are more than 550 Federally recognized Tribes in the United States, including 223 village groups in Alaska. "Federally recognized" means these tribes and groups have a special, legal relationship with the US government. This relationship is referred to as a government-to-government relationship.

"Legally, no universal definition for the generic term 'tribe' exists in the US Constitution, federal statutes, or regulations. In most instances, a question of a tribe's political existence can now be resolved by reference to a treaty, legislative agreement, statute, or executive order of the President 'recognizing' the tribe at some time in the past. In other cases the definition of 'tribe' will depend in part on the context and the purpose for which the term is used."
- William Canby, American Indian Law in a Nutshell, 1981 William Canby, American Indian Law in a Nutshell, 1981

"Each Indian tribe has eligibility requirements for enrollment... Although these requirements determine tribal membership, they do not necessarily determine who is Indian for other purposes. To be considered an Indian for federal purposes, an individual must have some Indian. blood. A non-Indian who is adopted into an Indian tribe is not an Indian under federal law. However, under certain federal laws small amounts of Indian blood, together with recognition as an Indian by the Indian community, will qualify a person as an Indian....The fact that the federal government does not recognize a person as an Indian does not prevent a tribe from considering that person an Indian for tribal purposes. Similarly, lack of tribal membership does not prevent a person from being recognized as an Indian under most federal laws."
- Jack Utter, American Indians: Answers to Today's Questions, 1993 Jack Utter, American Indians: Answers to Today's Questions, 1993

"At the most general level, a tribe is simply a group of Indians that has been recognized as constituting a distinct and historically continuous political entity for at least some governmental purpose." - US. Supreme Court, Montoya v. United States 1901, p. 266
The Bureau of Indian Affairs states there are more than 550 Federally recognized Tribes in the United States, including 223 village groups in Alaska. "Federally recognized" means these tribes and groups have a special, legal relationship with the US government. This relationship is referred to as a government-to-government relationship.
"Legally, no universal definition for the generic term 'tribe' exists in the US Constitution, federal statutes, or regulations. In most instances, a question of a tribe's political existence can now be resolved by reference to a treaty, legislative agreement, statute, or executive order of the President 'recognizing' the tribe at some time in the past. In other cases the definition of 'tribe' will depend in part on the context and the purpose for which the term is used." - William Canby, American Indian Law in a Nutshell, 1981
"Each Indian tribe has eligibility requirements for enrollment... Although these requirements determine tribal membership, they do not necessarily determine who is Indian for other purposes. To be considered an Indian for federal purposes, an individual must have some Indian. blood. A non-Indian who is adopted into an Indian tribe is not an Indian under federal law. However, under certain federal laws small amounts of Indian blood, together with recognition as an Indian by the Indian community, will qualify a person as an Indian....The fact that the federal government does not recognize a person as an Indian does not prevent a tribe from considering that person an Indian for tribal purposes. Similarly, lack of tribal membership does not prevent a person from being recognized as an Indian under most federal laws." - Jack Utter, American Indians: Answers to Today's Questions, 1993