Policy Guidance for Determining Eligibility for Organization Under the Alaska Indian Reorganization Act, 9188-9190 [2023-03017]
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Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Rules and Regulations
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Issued on January 24, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–02934 Filed 2–10–23; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 81
[2341A2100DD/AAKC001030/
A0A501010.999900]
Policy Guidance for Determining
Eligibility for Organization Under the
Alaska Indian Reorganization Act
Bureau of Indian Affairs,
Interior.
ACTION: Policy guidance.
AGENCY:
This policy guidance clarifies
the Department of the Interior’s
(Department) criteria and procedures for
determining whether an entity is
eligible to organize under the Alaska
amendment to the Indian
Reorganization Act.
DATES: This policy guidance is effective
February 13, 2023.
FOR FURTHER INFORMATION CONTACT:
Oliver Whaley, Director, Office of
Regulatory Affairs & Collaborative
Action—Indian Affairs, (202) 738–6065;
oliver.whaley@bia.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
In 1936, Congress enacted an
amendment to the Indian
Reorganization Act (25 U.S.C. 5108),
(Alaska IRA) to allow groups of Indians
in Alaska, not previously recognized as
bands or tribes by the United States, to
organize under the IRA, provided they
could demonstrate ‘‘a common bond of
occupation, or association, or residence
within a well-defined neighborhood,
community or rural district.’’ See 25
U.S.C. 473a. In 1937, the Department of
the Interior Secretary Harold Ickes
approved ‘‘Instructions’’ describing the
general characteristics of entities that
may organize under the Alaska IRA and
the procedural requirements for
organizing such entities, but do not
address the question of eligibility or the
factors that should be considered in
determining an entity’s eligibility to
organize under the Alaska IRA.
Policy Guidance
This policy guidance clarifies the
criteria and procedures for evaluating
petitions for organization under the
Alaska IRA and supersedes all prior
guidance issued on the same subject. In
particular, this guidance supersedes the
‘‘Instructions’’ approved by Department
of the Interior Secretary Harold Ickes in
1937.
The criteria and procedures outlined
in this policy guidance are intended to
guide the Department in making
E:\FR\FM\13FER1.SGM
13FER1
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Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Rules and Regulations
consistent, substantive determinations
as to whether an entity is eligible to
organize under the Alaska IRA. The
Alaska IRA establishes a ‘‘common
bond’’ basis of organization for certain
entities in Alaska, but is otherwise
silent on the question of eligibility and
gives no clear direction as to the
Department’s statutory responsibilities
under the provision. This guidance
proposes establishing a process for
determining eligibility in a manner
consistent with Federal Indian law and
policy.
This process begins with the
submission of an Alaska IRA petition to
the Office of the Assistant Secretary—
Indian Affairs (Office of the AS–IA). The
Office of the AS–IA then reviews the
petition. If Assistant Secretary—Indian
Affairs (AS–IA) determines that a
petitioning group satisfies the criteria
established below and is eligible to
organize under the Alaska IRA, the
group will be included on the next list
of federally recognized Indian tribes and
can proceed with conducting a
Secretarial election under 25 CFR part
81. A favorable determination of
eligibility thus results in Federal
recognition as an Indian tribe and
entitles the group to interact with the
United States on a government-togovernment basis.
By recognizing that organization is a
step that necessarily follows, rather than
precedes, Federal recognition, this
policy guidance brings the Alaska IRA
in line with the Department’s current
practices and the modern notion of
Tribal ‘‘organization’’ under the IRA.
See 25 CFR part 81 (establishing the
Department’s procedures for conducting
Secretarial elections under the IRA and
other laws, which apply exclusively to
federally recognized Indian tribes). The
criteria in this policy guidance is
accordingly designed to ensure that a
group seeking to organize under the
Alaska IRA is a socio-political entity
capable of maintaining a government-togovernment relationship with the
United States, and that only those
entities entitled to Federal recognition
are being organized under the Alaska
IRA. See H. Rep. No. 103–781 (1994)
(explaining that Federal recognition is
‘‘[a] formal political act’’ that
‘‘permanently establishes a governmentto-government relationship between the
United States and the recognized tribe
as a ‘domestic dependent nation,’ ’’ and
‘‘institutionalizes the tribe’s quasisovereign status’’).
Statutory Authority
The Department is issuing these
criteria and procedures under 25 CFR
part 81 and its authority over the
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9189
management of all Indian Affairs under
25 U.S.C. 2.
demonstrating historical existence of
political influence or authority.
Table of Contents
3. Governing Document
I. Criteria
1. Common Bond
2. Political Influence or Authority
3. Governing Document
4. Descent
II. Petition Requirements
III. Office of the AS–IA Review
IV. AS–IA Determination
The petitioner has provided a copy of
the entity’s present governing
document, including its membership
criteria. In the absence of a governing
document, the petitioner can provide a
written statement describing in full its
membership criteria and current
governing procedures.
I. Criteria
The Department will apply the
following criteria in evaluating requests
for organization under the Alaska IRA,
taking into account historical situations
and time periods for which evidence is
demonstrably limited or not available.
Given the unique conditions in Alaska,
the Department will evaluate each
criteria in the context of the group’s
history, geographical location, culture,
and social organization.
The petitioning group has maintained
a common bond of occupation, or
association, or residence within a welldefined neighborhood, community, or
rural district on a substantially
continuous basis from May 1, 1936,
until the present. For purposes of this
criteria, having a common bond means
that the petitioner is bound together by
their common interest and actions taken
in common, and is distinguishable from
other groups or associations. The
claimed common bond must be clear
and capable of statement and definition:
a. For petitioners seeking to organize
on the basis of residence, there is no
requirement that members of the group
all live in one community or village.
b. For petitioners seeking to organize
on the basis of occupation or
association, a substantial share of the
persons within the petitioning group
must demonstrate participation in the
activities constituting the common
bond.
2. Political Influence or Authority
The petitioner has maintained
political influence or authority over its
members as an autonomous entity.
Political influence or authority means
the entity uses a council, leadership,
internal process, or other mechanism as
a means of influencing or controlling
the behavior of its members in
significant respects, making decisions
for the entity which substantially affect
its members, and/or representing the
entity in dealing with outsiders in
matters of consequence. This criteria is
to be understood flexibly, taking into
account the limitations inherent in
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A significant and meaningful portion
of the petitioner’s membership is
comprised of individuals who descend
from the Alaska IRA-eligible entity that
existed on May 1, 1936. Any members
who do not descend genealogically from
members of the Alaska IRA-eligible
entity that existed on May 1, 1936, must
be able to document their integration
into the petitioning group.
5. Unique Membership
1. Common Bond
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4. Descent
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The petitioner’s membership is
composed principally of persons who
are not members of any federally
recognized Indian tribe. However, a
petitioner is still eligible to organize
under the Alaska IRA even if its
membership is composed principally of
persons whose names have appeared on
the membership list of, or who have
been otherwise associated with, a
federally recognized Indian Tribe, if the
petitioner demonstrates that:
a. It has functioned as a separate
politically autonomous community by
satisfying criteria (1) and (2) of this
section; and
b. Its members have provided written
confirmation of their membership in the
petitioner.
6. Congressional Termination
Neither the petitioner nor its members
are the subject of congressional
legislation that has expressly terminated
or forbidden the Federal relationship.
II. Petition Requirements
A petition to organize under the
Alaska IRA should be submitted to the
Office of the AS–IA. The Office of the
AS–IA will accept the petition in any
readable form. The petition should
include the following:
a. A concise written narrative, with
citations to supporting documentation,
thoroughly explaining how the
petitioner meets each of the criteria
listed above;
b. Supporting documentation cited in
the written narrative and containing
specific, detailed evidence that the
petitioner meets each of the criteria
listed above; and
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9190
Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Rules and Regulations
c. An official current membership list
of all known current members of the
petitioner, including each member’s full
name (including maiden name, if any),
date of birth, and current residential
address.
If the petition contains any
information that is protectable under
Federal law such as the Privacy Act and
Freedom of Information Act, the
petitioner should be required to provide
a redacted version, an unredacted
version of the relevant pages, and an
explanation of the legal basis for
withholding such information from
public release.
III. Office of the AS–IA Review
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2023–03017 Filed 2–10–23; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE TREASURY
Office of Investment Security
31 CFR Part 800
Determination Regarding Excepted
Foreign States
Office of Investment Security,
Department of the Treasury.
ACTION: Determination.
AGENCY:
Upon receipt of a petition, the Office
of the AS–IA will review the petition
and supporting documentation to
determine whether the petitioner has
provided sufficient evidence to meet
each of the criteria listed above. Prior to
completing its review, the Office of the
AS–IA will advise the petitioner of any
evidentiary gaps for the criteria and
provide the petitioner with an
opportunity to supplement or revise the
petition. As part of its review of the
petition, the Office of the AS–IA may
also:
a. Initiate and consider other research
for any purpose relative to analyzing the
petition and obtaining additional
information about the petitioner’s
status;
b. Request and consider timely
submitted additional explanations and
information from the petitioner; and
c. Consider any comments and
evidence received from other parties to
the extent they are relevant to the above
criteria. The Office of Federal
Acknowledgment (OFA), within the
Office of the AS–IA, will provide the
petitioner with any material received
from other parties and provide the
petitioner with the opportunity to
respond to the material.
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recognized Indian tribes published in
the Federal Register.
The Department of the
Treasury, as Chair of the Committee on
Foreign Investment in the United States,
is publishing the Committee’s
determination that two foreign states
have established and are effectively
utilizing a robust process to analyze
foreign investments for national security
risks and to facilitate coordination with
the United States on matters relating to
investment security.
DATES: Effective February 10, 2023.
FOR FURTHER INFORMATION CONTACT:
Joshua Jungman, Deputy Director of
Investment Security Policy and
International Relations, at U.S.
Department of the Treasury, 1500
Pennsylvania Avenue NW, Washington,
DC 20220; telephone: (202) 622–1749;
email: CFIUS.FIRRMA@treasury.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Availability
The list of excepted foreign states and
additional information with respect to
the Committee on Foreign Investment in
the United States (CFIUS or the
Committee) are available on the
Committee’s section of the Department
of the Treasury website.
IV. AS–IA Determination
Notice of CFIUS Action
After the review of the petition, AS–
IA will issue a decision determining
whether the petitioner meets the above
criteria and is eligible for organization
under the Alaska IRA. The decision will
summarize the evidence, reasoning, and
analyses that are the basis for AS–IA’s
determination.
If AS–IA determines the petitioner is
eligible for organization under the
Alaska IRA, the petitioner can proceed
with requesting a Secretarial election
pursuant to 25 CFR part 81 and will be
included on the next list of federally
The Committee, taking into
consideration the factors identified on
the Committee’s section of the
Department of the Treasury website, has
determined, under the authority of
section 721 of the Defense Production
Act of 1950, as amended, and 31 CFR
800.1001(a), that: (1) the United
Kingdom of Great Britain and Northern
Ireland has established and is effectively
utilizing a robust process to analyze
foreign investments for national security
risks and to facilitate coordination with
the United States on matters relating to
investment security; and (2) New
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Zealand has established and is
effectively utilizing a robust process to
analyze foreign investments for national
security risks and to facilitate
coordination with the United States on
matters relating to investment security.
This determination satisfies the
second criterion in the definition of
excepted foreign state under 31 CFR
800.218 with respect to New Zealand
and the United Kingdom of Great
Britain and Northern Ireland. Therefore,
New Zealand and the United Kingdom
of Great Britain and Northern Ireland
are and will remain excepted foreign
states absent further Committee action
and notice in the Federal Register.
Paul Rosen,
Assistant Secretary for Investment Security.
[FR Doc. 2023–02533 Filed 2–10–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE TREASURY
31 CFR Part 802
Determination Regarding Excepted
Real Estate Foreign States
Office of Investment Security,
Department of the Treasury.
ACTION: Determination.
AGENCY:
The Department of the
Treasury, as Chair of the Committee on
Foreign Investment in the United States,
is publishing the Committee’s
determination that two foreign states
have made significant progress toward
establishing and effectively utilizing a
robust process to analyze foreign
investments for national security risks
and to facilitate coordination with the
United States on matters relating to
investment security.
DATES: Effective February 10, 2023.
FOR FURTHER INFORMATION CONTACT:
Joshua Jungman, Deputy Director of
Investment Security Policy and
International Relations, at U.S.
Department of the Treasury, 1500
Pennsylvania Avenue NW, Washington,
DC 20220; telephone: (202) 622–1749;
email: CFIUS.FIRRMA@treasury.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Availability
The list of excepted real estate foreign
states and additional information with
respect to the Committee on Foreign
Investment in the United States (CFIUS
or the Committee) are available on the
Committee’s section of the Department
of the Treasury website.
Notice of CFIUS Action
The Committee, taking into
consideration the factors identified on
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Agencies
[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Rules and Regulations]
[Pages 9188-9190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03017]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 81
[2341A2100DD/AAKC001030/A0A501010.999900]
Policy Guidance for Determining Eligibility for Organization
Under the Alaska Indian Reorganization Act
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Policy guidance.
-----------------------------------------------------------------------
SUMMARY: This policy guidance clarifies the Department of the
Interior's (Department) criteria and procedures for determining whether
an entity is eligible to organize under the Alaska amendment to the
Indian Reorganization Act.
DATES: This policy guidance is effective February 13, 2023.
FOR FURTHER INFORMATION CONTACT: Oliver Whaley, Director, Office of
Regulatory Affairs & Collaborative Action--Indian Affairs, (202) 738-
6065; [email protected].
SUPPLEMENTARY INFORMATION:
Background
In 1936, Congress enacted an amendment to the Indian Reorganization
Act (25 U.S.C. 5108), (Alaska IRA) to allow groups of Indians in
Alaska, not previously recognized as bands or tribes by the United
States, to organize under the IRA, provided they could demonstrate ``a
common bond of occupation, or association, or residence within a well-
defined neighborhood, community or rural district.'' See 25 U.S.C.
473a. In 1937, the Department of the Interior Secretary Harold Ickes
approved ``Instructions'' describing the general characteristics of
entities that may organize under the Alaska IRA and the procedural
requirements for organizing such entities, but do not address the
question of eligibility or the factors that should be considered in
determining an entity's eligibility to organize under the Alaska IRA.
Policy Guidance
This policy guidance clarifies the criteria and procedures for
evaluating petitions for organization under the Alaska IRA and
supersedes all prior guidance issued on the same subject. In
particular, this guidance supersedes the ``Instructions'' approved by
Department of the Interior Secretary Harold Ickes in 1937.
The criteria and procedures outlined in this policy guidance are
intended to guide the Department in making
[[Page 9189]]
consistent, substantive determinations as to whether an entity is
eligible to organize under the Alaska IRA. The Alaska IRA establishes a
``common bond'' basis of organization for certain entities in Alaska,
but is otherwise silent on the question of eligibility and gives no
clear direction as to the Department's statutory responsibilities under
the provision. This guidance proposes establishing a process for
determining eligibility in a manner consistent with Federal Indian law
and policy.
This process begins with the submission of an Alaska IRA petition
to the Office of the Assistant Secretary--Indian Affairs (Office of the
AS-IA). The Office of the AS-IA then reviews the petition. If Assistant
Secretary--Indian Affairs (AS-IA) determines that a petitioning group
satisfies the criteria established below and is eligible to organize
under the Alaska IRA, the group will be included on the next list of
federally recognized Indian tribes and can proceed with conducting a
Secretarial election under 25 CFR part 81. A favorable determination of
eligibility thus results in Federal recognition as an Indian tribe and
entitles the group to interact with the United States on a government-
to-government basis.
By recognizing that organization is a step that necessarily
follows, rather than precedes, Federal recognition, this policy
guidance brings the Alaska IRA in line with the Department's current
practices and the modern notion of Tribal ``organization'' under the
IRA. See 25 CFR part 81 (establishing the Department's procedures for
conducting Secretarial elections under the IRA and other laws, which
apply exclusively to federally recognized Indian tribes). The criteria
in this policy guidance is accordingly designed to ensure that a group
seeking to organize under the Alaska IRA is a socio-political entity
capable of maintaining a government-to-government relationship with the
United States, and that only those entities entitled to Federal
recognition are being organized under the Alaska IRA. See H. Rep. No.
103-781 (1994) (explaining that Federal recognition is ``[a] formal
political act'' that ``permanently establishes a government-to-
government relationship between the United States and the recognized
tribe as a `domestic dependent nation,' '' and ``institutionalizes the
tribe's quasi-sovereign status'').
Statutory Authority
The Department is issuing these criteria and procedures under 25
CFR part 81 and its authority over the management of all Indian Affairs
under 25 U.S.C. 2.
Table of Contents
I. Criteria
1. Common Bond
2. Political Influence or Authority
3. Governing Document
4. Descent
II. Petition Requirements
III. Office of the AS-IA Review
IV. AS-IA Determination
I. Criteria
The Department will apply the following criteria in evaluating
requests for organization under the Alaska IRA, taking into account
historical situations and time periods for which evidence is
demonstrably limited or not available. Given the unique conditions in
Alaska, the Department will evaluate each criteria in the context of
the group's history, geographical location, culture, and social
organization.
1. Common Bond
The petitioning group has maintained a common bond of occupation,
or association, or residence within a well-defined neighborhood,
community, or rural district on a substantially continuous basis from
May 1, 1936, until the present. For purposes of this criteria, having a
common bond means that the petitioner is bound together by their common
interest and actions taken in common, and is distinguishable from other
groups or associations. The claimed common bond must be clear and
capable of statement and definition:
a. For petitioners seeking to organize on the basis of residence,
there is no requirement that members of the group all live in one
community or village.
b. For petitioners seeking to organize on the basis of occupation
or association, a substantial share of the persons within the
petitioning group must demonstrate participation in the activities
constituting the common bond.
2. Political Influence or Authority
The petitioner has maintained political influence or authority over
its members as an autonomous entity. Political influence or authority
means the entity uses a council, leadership, internal process, or other
mechanism as a means of influencing or controlling the behavior of its
members in significant respects, making decisions for the entity which
substantially affect its members, and/or representing the entity in
dealing with outsiders in matters of consequence. This criteria is to
be understood flexibly, taking into account the limitations inherent in
demonstrating historical existence of political influence or authority.
3. Governing Document
The petitioner has provided a copy of the entity's present
governing document, including its membership criteria. In the absence
of a governing document, the petitioner can provide a written statement
describing in full its membership criteria and current governing
procedures.
4. Descent
A significant and meaningful portion of the petitioner's membership
is comprised of individuals who descend from the Alaska IRA-eligible
entity that existed on May 1, 1936. Any members who do not descend
genealogically from members of the Alaska IRA-eligible entity that
existed on May 1, 1936, must be able to document their integration into
the petitioning group.
5. Unique Membership
The petitioner's membership is composed principally of persons who
are not members of any federally recognized Indian tribe. However, a
petitioner is still eligible to organize under the Alaska IRA even if
its membership is composed principally of persons whose names have
appeared on the membership list of, or who have been otherwise
associated with, a federally recognized Indian Tribe, if the petitioner
demonstrates that:
a. It has functioned as a separate politically autonomous community
by satisfying criteria (1) and (2) of this section; and
b. Its members have provided written confirmation of their
membership in the petitioner.
6. Congressional Termination
Neither the petitioner nor its members are the subject of
congressional legislation that has expressly terminated or forbidden
the Federal relationship.
II. Petition Requirements
A petition to organize under the Alaska IRA should be submitted to
the Office of the AS-IA. The Office of the AS-IA will accept the
petition in any readable form. The petition should include the
following:
a. A concise written narrative, with citations to supporting
documentation, thoroughly explaining how the petitioner meets each of
the criteria listed above;
b. Supporting documentation cited in the written narrative and
containing specific, detailed evidence that the petitioner meets each
of the criteria listed above; and
[[Page 9190]]
c. An official current membership list of all known current members
of the petitioner, including each member's full name (including maiden
name, if any), date of birth, and current residential address.
If the petition contains any information that is protectable under
Federal law such as the Privacy Act and Freedom of Information Act, the
petitioner should be required to provide a redacted version, an
unredacted version of the relevant pages, and an explanation of the
legal basis for withholding such information from public release.
III. Office of the AS-IA Review
Upon receipt of a petition, the Office of the AS-IA will review the
petition and supporting documentation to determine whether the
petitioner has provided sufficient evidence to meet each of the
criteria listed above. Prior to completing its review, the Office of
the AS-IA will advise the petitioner of any evidentiary gaps for the
criteria and provide the petitioner with an opportunity to supplement
or revise the petition. As part of its review of the petition, the
Office of the AS-IA may also:
a. Initiate and consider other research for any purpose relative to
analyzing the petition and obtaining additional information about the
petitioner's status;
b. Request and consider timely submitted additional explanations
and information from the petitioner; and
c. Consider any comments and evidence received from other parties
to the extent they are relevant to the above criteria. The Office of
Federal Acknowledgment (OFA), within the Office of the AS-IA, will
provide the petitioner with any material received from other parties
and provide the petitioner with the opportunity to respond to the
material.
IV. AS-IA Determination
After the review of the petition, AS-IA will issue a decision
determining whether the petitioner meets the above criteria and is
eligible for organization under the Alaska IRA. The decision will
summarize the evidence, reasoning, and analyses that are the basis for
AS-IA's determination.
If AS-IA determines the petitioner is eligible for organization
under the Alaska IRA, the petitioner can proceed with requesting a
Secretarial election pursuant to 25 CFR part 81 and will be included on
the next list of federally recognized Indian tribes published in the
Federal Register.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2023-03017 Filed 2-10-23; 8:45 am]
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