The Indian Legal Clinic (ILC) has actively monitored the regulations governing the Federal acknowledgment process since 2009. Effective Feb. 14, 2025, the United States Department of the Interior (“Interior”) will implement revisions to these regulations – governing the process through which the Secretary acknowledges an Indian Tribe – introducing a conditional, time-limited opportunity for denied petitioners to re-petition for Federal acknowledgment. Previously, the 1994 and 2015 regulations governing the Federal acknowledgment process, under 25 CFR part 83, explicitly prohibited re-petitioning. However, Interior reconsidered the ban following two Federal district court rulings in June 2022, which deemed Interior’s justification for the ban arbitrary and capricious under the Administrative Procedure Act and remanded to Interior for further consideration.

On Sept. 5, 2024, the ILC attended a listening session led by Assistant Secretary-Indian Affairs Bryan Newland. The session brought together attendees, primarily Tribes seeking federal recognition, who largely supported the proposed rule to establish a limited exception to the ban through a re-petition authorization process. The Interior’s sessions and written comment period (which has since closed as of Sept. 13) garnered comments from stakeholders, including federally recognized Tribes, State-recognized Tribes, non-federally recognized groups, national associations, inter-Tribal organizations, State and local government representatives, congressional delegations and coalitions and academic institutions – among them, the Indian Legal Clinic at the Sandra Day O’Connor College of Law at ASU.

ILC Director Patty Ferguson-Bohnee, student attorney Morgan Oakes (3L) and Law Fellow Jordan Garcia (’23) drafted a substantive comment about the changes to the proposed rule. The ILC comment letter emphasized fairness as a key justification for the amendment. The final published rule directly referenced the ILC’s comment, highlighting a “lack of recognition can negatively impact a Tribe’s ability to exercise its self-determination in areas such as defending sovereignty, protecting culture, accessing resources, and ensuring the survival of tribal ways of life.”To review the new regulations, visit 25 CFR Part 83.