Code of Federal Regulations · Section
§ 292.8 — How Does A Tribe Qualify As Having Been Federally Recognized?
25 C.F.R. § 292.8
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For a tribe to qualify as having been at one time federally recognized for purposes of § 292.7, one of the following must be true:
(a) The United States at one time entered into treaty negotiations with the tribe;
(b) The Department determined that the tribe could organize under the Indian Reorganization Act or the Oklahoma Indian Welfare Act;
(c) Congress enacted legislation specific to, or naming, the tribe indicating that a government-to-government relationship existed;
(d) The United States at one time acquired land for the tribe's benefit; or
(e) Some other evidence demonstrates the existence of a government-to-government relationship between the tribe and the United States.
Authorizing Statute
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Duties of Commissioner25 U.S.C. § 2
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Departmental regulations5 U.S.C. § 301
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Duties of Secretary43 U.S.C. § 1457