Federal Acknowledgment as an Indian Tribe, 25 CFR 83

Forms and Documents

Document Name	Status
Form 8304 Compile documented petition Form	Unchanged
76 FR 59733.pdf Supplementary Document	2021-10-04
1076-0104 Supporting Statement A (2023) (for OIRA review) (JMP ver.4).docx Supporting Statement A	2024-07-12
43 USC 1457.pdf Supplementary Document	2010-03-31
25 USC 9.pdf Supplementary Document	2010-03-31
25 USC 2.pdf Supplementary Document	2010-03-31
5 USC 301.pdf Supplementary Document	2010-03-31

IC Document Collections

IC ID	Document Title	Status
262747	Compile documented re-petition	New
11474	Compile documented petition Form	Unchanged

ICR Details

OMB Control No: 1076-0104	ICR Reference No: 202310-1076-001
Status: Received in OIRA	Previous ICR Reference No: 202109-1076-002
Agency/Subagency: DOI/BIA	Agency Tracking No: IAFR001261
Title: Federal Acknowledgment as an Indian Tribe, 25 CFR 83
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/12/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2026
Responses	2	1
Time Burden (Hours)	2,136	1,436
Cost Burden (Dollars)	3,150,000	2,100,000

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Abstract: Submission of this information allows the Office of Federal Acknowledgment (OFA), within the Office of the Assistant Secretary-Indian Affairs, to review groups’ documented petitions for the Federal acknowledgment as an Indian tribe. The acknowledgment regulations at 25 CFR 83 contain seven criteria that unrecognized groups seeking Federal acknowledgment as Indian tribes must demonstrate that they meet. Information collected from petitioning groups under these regulations provide anthropological, genealogical, and historical data used by the AS-IA to establish whether a petitioning group has the characteristics necessary to be acknowledged as a continuously existing Indian tribe. Federal acknowledgment establishes a government-to-government relationship with the United States. Respondents are not required to retain copies of the information submitted to OFA but will probably maintain copies for their own use; therefore, there is no recordkeeping requirement included in this information collection.

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Authorizing Statute(s): US Code: 25 USC 2 and 9 Name of Law: Duties of Commissioner
   US Code: 5 USC 301 Name of Law: Government Organization and Employees
   US Code: 43 USC 1457 Name of Law: Department of the Interior and Related Agencies Appropriations Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1076-AF67	Proposed rulemaking	89 FR 57097	07/12/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Compile documented petition	8306, 8304 , 8305	Individual History Chart ,   Ancestry Chart ,   Membership List
Compile documented re-petition

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2	1	0	1	0	0
Annual Time Burden (Hours)	2,136	1,436	0	700	0	0
Annual Cost Burden (Dollars)	3,150,000	2,100,000	0	1,050,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Department is proposing a conditional, time-limited opportunity for previously denied petitioners to re-petition for Federal acknowledgment as an Indian Tribe. Proposed revisions are associated with rulemaking RIN 1076-AF67, 25 CFR Part 83.

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Annual Cost to Federal Government: $778,801

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/12/2024

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