Materials & Related Information

Click Here for a blank copy of the Indian Legal Clinic Federal Recognition Survey.  We are accepting completed surveys through May 31, 2014.
Please print, complete and mail to:
Indian Legal Clinic
PO Box 877906
Tempe, AZ 85287

Click here to view some preliminary results of the Indian Legal Clinic survey.

Opening Remarks

NCAI Resolution #SD-02-076 – To Oppose the Department of the Interior’s “Strategic Plan” Approved by the Assistant Secretary – Indian Affairs and to Demand Meaningful Government-to-Government Consultation in Order to Develop a Fair and Efficient Tribal Acknowledgment Process (Nov. 2002)

– NCAI Resolution #ABQ-03-014 – To Support the Position Statements Developed by the NCAI Tribal Acknowledgment Task Force (Nov. 2003)

– NCAI Resolution #PHX-08-055 – NCAI Policy on Federal Recognition of Indian Tribes, (Oct. 2008)

– NCAI Resolution #TUL-13-002 – Supporting the Bureau of Indian Affairs Proposed Reform of the Federal Recognition Process (Oct. 2013)

– Testimony before the Senate Committee on Indian Affairs Oversight Hearing, Patty Ferguson-Bohnee, Indian Legal Clinic (Nov. 4, 2009)


Inherent Sovereignty

– United Nations Declaration on the Rights of Indigenous Peoples

Communique to the Vatican: Dismantling the Doctrine of Discovery – V Continental Summit of Indigenous Nations and Pueblos of Abya Yala


Getting Your Tribal House in Order

Procedures for Establishing That an American Indian Group Exists as an Indian Tribe 25 CFR Part 83

– H.R. 4462, Indian Federal Recognition Administrative Procedures Act of 1994

– United States v. John, 437 U.S. 634 (1978)

– Montoya v. United States, 180 U.S. 261 (1901)

– Letter from Assistant Secretary of Indian Affairs Larry Echohawk to Tejon Indian Tribe Chairwoman Kathryn Morgan (Jan. 6, 2012)

– “Death Valley Timbi-Sha Shoshone Band of California; of Final Determination for Federal Acknowledgment,” 47 Federal Register 50109 (Nov. 4 1982)

– Timbisha Shoshone Homeland Act, Pub. L. No. 106-423, 144 Stat. 1875 (2000)

– Timbisha Shoshone Tribe v. Kennedy, CV-01248, Declaration of Pauline Esteves, (E.D.CA), Excerpt from Hearing on March 21, 2000

– Timbisha Homeland Act, Excerpt from Hearing on March 21, 2000

The Interior Department’s Takeover of the Timbisha Shoshone Government, by Robert T. Coulter, ( Nov. 11, 2013)

Come to Jesus – Earl Evans powerpoint presentation


Preparing a Petition for Federal Recognition

Federally Recognized Tribes List Act of 1994, Pub. L. No. 103-454, 108 Stat. 4791 (1994)

Abbreviated Form of 25 CFR Part 83 Criteria from OFA website

25 CFR Part 83 Process Chart, Prepared by OFA (2004)


Experiences with the Federal Acknowledgment Process

– Muwekma Ohlone Tribe v. Salazar, 708 F.3d 209 (D.C. Circuit 2013)

New York v. Shinnecock Indian Nation, No. 03-CV-3243 (E.D.N.Y 2005)

Shinnecock Indian Nation v. Kempthorne, No. 06-CV-5013 (E.D.N.Y. 2009)

In Re Federal Acknowledgment of the Little Shell Tribe of Chippewa Indians of Montana, 57 IBIA 101 (2013)

– Memorandum to Assistant Secretary of Indian Affairs from Secretary Sally Jewell Re: Little Shell (Sept. 16, 2013)

– In Re Federal Acknowledgment of Schaghticoke Tribal Nation, 41 IBIA 30 (2005)

Relevant Dates Re Schaghticoke Tribal Nation’s Experience with the Federal Acknowledgment Process


Reforming the Federal Acknowledgment Process, Part I

– The Office of Federal Acknowledgment Brief Overview (OFA, 2013)

Preliminary Discussion Draft, CFR 25, Part 83

Discussion Draft Powerpoint

– Status Summary of Acknowledgment Cases (OFA, 2013)

List of Comments submitted to the Office of Federal Acknowledgment regarding redlined Discussion Draft


Reforming the Federal Acknowledgment Process, Part II

– GAO, Indian Issues: Improvements Needed in Tribal Recognition Process (2001)

– Comments of the Little Shell Tribe of Chippewa Indians of Montana on Preliminary Discussion Draft Regulations Re Acknowledgment of Tribes

– The PMT Tribe’s Comment Regarding the Preliminary Discussion Draft Proposing Revisions to 25 C.F.R. Part 83

– Association on American Indian Affairs Comment on Amendments to Part 83 – Preliminary Discussion Draft

Reforming the Federal Recognition Process – George Skibine powerpoint presentation

Letter re Little Shell Request for Reconsideration of the November 2009 Final Determination (Jan. 14, 2014)


Protecting Cultural Resources

Advisory Council on Historic Preservation, Consultation with Indian Tribes on the Section 106 Review Process

Terri Hansen, “Gulf Tribes Still Struggling a Year After Oil Spill,” Indian Country Today, (Apr. 22, 2011)

Native Lands Wash Away as Sea Levels Rise, (June 1, 2012)


The Native Hawaiian and Lumbee Struggle for Self-Determination

– Wendy Osher, “Governor Signs Native Hawaiian Recognition Bill Into Law,” Maui Now (July, 2011)

An Act Relating to the Lumbee Indians of North Carolina, Pub. L. No. 570, 70 Stat. 254 (1956)

S. 1132, To Provide for the Recognition of the Lumbee Tribe of North Carolina and for Other Purposes


Resource Opportunities for Non-BIA Listed Tribes

– Consultation and Coordination with Indian Tribal Governments, EO 13175 (Nov. 6, 2000)

– Memorandum for the Heads of Executive Departments and Agencies (Nov. 5, 2009)

MOWA Choctaw Indians Tribal Sovereignty
Chief Framon Weaver powerpoint presentation

Federal Loan Programs for Economic and Community Development throughout Indian Country and Alaska, U.S. Department of Agriculture, Office of Tribal Relations (Aug. 2012)

– Federal Grant Opportunities

Establishing and Operating a Native Community Development Financial Institution
– Judy Dworkin powerpoint presentation

North Carolina Commission of Indian Affairs – Greg Richardson powerpoint presentation


Supplemental Information

– Tribes That Have Been Recognized by Congress Since 1978

ASU Indian Legal Clinic – Federal Recognition Process Survey

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