Policy Guidance for Determining Eligibility for Organization Under the Alaska Indian Reorganization Act, 9188-9190 [2023-03017]

Download as PDF 9188 Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Rules and Regulations (h) Exceptions to Service Information Specifications (1) Where the Compliance Time columns of the tables in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin MD80–55A065, Revision 2, dated October 11, 2021, use the phrase ‘‘the original issue date of this service bulletin,’’ this AD requires using May 23, 2007 (the effective date of AD 2007–10–04). (2) Where the Compliance Time columns of the tables in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin MD80–55A065, Revision 2, dated October 11, 2021, use the phrase ‘‘the Revision 2 date of this service bulletin,’’ this AD requires using ‘‘the effective date of this AD.’’ khammond on DSKJM1Z7X2PROD with RULES (i) Credit for Previous Actions (1) This paragraph provides credit for the actions specified in paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin MD80–55A065, dated April 25, 2007. This service information was incorporated by reference in AD 2007–10–04, Amendment 39–15045 (72 FR 25960, May 8, 2007). (2) This paragraph provides credit for the actions specified in paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin MD80–55A065, Revision 1, dated September 23, 2008. This service information is not incorporated by reference in this AD. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (k)(1) of this AD. Information may be emailed to: 9ANM-LAACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) AMOCs approved for AD 2007–10–04 are approved as AMOCs for the corresponding provisions of Boeing Alert Service Bulletin MD80–55A065, Revision 2, dated October 11, 2021, that are required by paragraph (g) of this AD, except the AMOCs specified in paragraphs (j)(4)(i) through (iii) of this AD are not approved as AMOCs for this AD. VerDate Sep<11>2014 16:19 Feb 10, 2023 Jkt 259001 (i) FAA Letter Number 120L–14–226a, dated January 29, 2015. (ii) FAA Letter Number 120L–15–384b, dated November 2, 2015. (iii) FAA Letter Number 120L–10–345, dated August 3, 2010. (k) Related Information (1) For more information about this AD, contact Manuel Hernandez, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5256; email: Manuel.F.Hernandez@faa.gov. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (4) of this AD. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Service Bulletin MD80– 55A065, Revision 2, dated October 11, 2021. (ii) [Reserved] (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. 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 PO 00000 Frm 00084 Fmt 4700 Sfmt 4700 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 khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 16:19 Feb 10, 2023 Jkt 259001 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 Frm 00085 Fmt 4700 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 PO 00000 4. Descent Sfmt 4700 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 E:\FR\FM\13FER1.SGM 13FER1 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. khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 16:19 Feb 10, 2023 Jkt 259001 PO 00000 Frm 00086 Fmt 4700 Sfmt 4700 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 E:\FR\FM\13FER1.SGM 13FER1

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]


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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

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]
BILLING CODE 4337-15-P


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