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Claiming Tribal Identity: The Five Tribes And The Politics Of Federal Acknowledgment

Through the discussion draft and ensuing tribal consultations and public meetings, the Department obtained substantial feedback. In total, more than 2, commenters provided input on the discussion draft. The Department issued a proposed rule in May of and extended the public comment period on that proposal in response to requests from tribes, state and local governments, members of Congress and the public.

In total, more than unique comments were submitted on the proposed rule. The final rule reflects substantial changes to the discussion draft and the proposed rule in response to public comments. Federal acknowledgment establishes the U.

The "Indian Problem"

Government as the trustee for Tribal lands and resources and makes Tribal members and governments eligible for federal budget assistance and program services. Since , of the federally recognized tribes, 17 have been recognized through the Part 83 process under Title 25 of the Code of Federal Regulations, Procedures for Establishing that an American Indian Group Exists as an Indian Tribe.

The Department has denied acknowledgment to 34 other petitioning groups. Though far more tribes have been recognized through Executive or Congressional action, the Part 83 process is an important mechanism because it allows deliberative consideration of petitions by a staff of federal experts in anthropology, genealogy and history and ultimately allows for a decision by the Assistant Secretary-Indian Affairs.

The Arkansas River Valley is one of the most fertile regions in the South. During the Civil War, the river also served as a vital artery for moving troops and supplies. In the battle to wrest control of the valley was, in effect, a battle for the state itself. In spite of its importance, however, this campaign is often overshadowed by the siege of Vicksburg. Now Mark K. Christ offers the first detailed military assessment of parallel events in Arkansas, describing their consequences for both Union and Confederate powers.

Christ analyzes the campaign from military and political perspectives to show how events in affected the war on a larger scale. His lively narrative incorporates eyewitness accounts to tell how new Union strategy in the Trans-Mississippi theater enabled the capture of Little Rock, taking the state out of Confederate control for the rest of the war.

He draws on rarely used primary sources to describe key engagements at the tactical level—particularly the battles at Arkansas Post, Helena, and Pine Bluff, which cumulatively marked a major turning point in the Trans-Mississippi.

Mark Miller is the right one for this task. He is an historian with a strong earlier book, and now he has zeroed in on the problem of false claims. Miller's work is an exceptional history of U. The President of the United States manages the operations of the Executive branch of Government through Executive orders.

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Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U. Learn more here. This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format. This rule revises regulations governing the process and criteria by which the Secretary acknowledges an Indian tribe. The revisions seek to make the process and criteria more transparent, promote consistent implementation, and increase timeliness and efficiency, while maintaining the integrity and substantive rigor of the process.

Specifically, the process has been criticized as too slow a petition can take decades to be decided , expensive, burdensome, inefficient, intrusive, less than transparent and unpredictable. This rule reforms the process by, among other things, institutionalizing a phased review that allows for faster decisions; reducing the documentary burden while maintaining the existing rigor of the process; allowing for a hearing on a negative proposed finding to promote transparency and integrity; enhancing notice to tribes and local governments and enhancing transparency by posting all publicly available petition documents on the Department's Web site; establishing the Assistant Secretary's final determination as final for the Department to promote efficiency; and codifying and improving upon past Departmental implementation of standards, where appropriate, to ensure consistency, transparency, predictability and fairness.

Executive Summary of Rule. History and Development of the Rule. Comments on the Proposed Rule and the Department's Responses. Criterion e Descent. Requirement for 80 percent Descent. Descent as a Race-Based Criterion. Evidence in Support of Descent. State Reservations and U. Criterion b Community.


Using 30 percent as a Baseline. Allowing Sampling for Criterion b. Indian Schools as Evidence of Community. Language as Evidence of Community. Nomenclature as Evidence of Community. Other Evidence of Community. Bilateral Political Relationship. Criterion f Unique Membership. Criterion f , In General. Criterion g Termination. Third-Party Participation in the Acknowledgment Process. Who Receives Notice of the Receipt of the Petition. Deletion of Interested Party Status. Providing Petitioner With Opportunities to Respond.

Suspensions proposed Automatic Final Determination. Proceeding under the New or Old Version of the Regulations. Precedent and Other Comments. Petitioning Process Timelines.

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Timelines—Notice of Receipt of Documented Petition. Timelines—Issuance of a PF. Timelines—Comment Period on PF.

Timelines—Issuance of FD.