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e-CFR data is current as of July 10, 2020

Title 25Chapter ISubchapter FPart 83Subpart C → Subject Group


Title 25: Indians
PART 83—PROCEDURES FOR FEDERAL ACKNOWLEDGMENT OF INDIAN TRIBES
Subpart C—Process for Federal Acknowledgment


Proposed Finding

§83.32   When will OFA issue a proposed finding?

(a) OFA will issue a proposed finding as shown in the following table:

OFA mustwithin .  .  .
(1) Complete its review under Phase I and either issue a negative proposed finding and publish a notice of availability in the Federal Register, or proceed to review under Phase IIsix months after notifying the petitioner under §83.25 that OFA has begun review of the petition.
(2) Complete its review under Phase II and issue a proposed finding and publish a notice of availability in the Federal Registersix months after the deadline in paragraph (a)(1) of this section.

(b) The times set out in paragraph (a) of this section will be suspended any time the Department is waiting for a response or additional information from the petitioner.

(c) OFA will strive to limit the proposed finding and any reports to no more than 100 pages, cumulatively, excluding source documents.

§83.33   What will the proposed finding include?

The proposed finding will summarize the evidence, reasoning, and analyses that are the basis for OFA's proposed finding regarding whether the petitioner meets the applicable criteria.

(a) A Phase I negative proposed finding will address that the petitioner fails to meet any one or more of the following criteria: Governing Document (§83.11(d)), Descent (§83.11(e)), Unique Membership (§83.11(f)), or Congressional Termination (§83.11(g)).

(b) A Phase II proposed finding will address whether the petitioner meets the following criteria: Indian Entity Existence (§83.11(a)), Community (§83.11(b)), and Political Influence/Authority (§83.11(c)).

§83.34   What notice of the proposed finding will OFA provide?

In addition to publishing notice of the proposed finding in the Federal Register, OFA will:

(a) Provide copies of the proposed finding and any supporting reports to the petitioner and those listed in §83.22(d); and

(b) Publish the proposed finding and reports on the OFA Web site.

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