[20050325]RS21109_印第安事务局将群体确认为印第安部落的程序.pdf

1 The federal courts have had a role in determining whether a group qualifies as an Indian tribefor a particular purpose. For example, in 1877, in United States v. Joseph, 94 U.S. 614, theSupreme Court determined that the Pueblos were not an Indian tribe for purposes of the Indianliquor laws. Later, their status was reconsidered, and the Pueblos were held to be an Indian tribeand their lands protected under a federal law that prohibited the sale or alienation of Indian landwithout federal approval. United States v. Candelaria, 231 U.S. 28 (1913). Groups have soughtcourt orders to compel DOI to process their applications for acknowledgment in a more timelyfashion. See, e.g., Tribe v. Babbitt, 233 F. Supp. 2d 30 (D.D.C. 2000). That approach may havebeen precluded by a ruling in Mashpee Wapanoag Tribal Council, Inc. v. Norton, 336 F. 3d 1094(continued.)Order Code RS21109Updated March 25, 2005The Bureau of Indian Affairss Process forRecognizing Groups as Indian TribesM. Maureen MurphyLegislative AttorneyAmerican Law DivisionSummaryThe list of federally recognized Indian tribes is not a static one. The Department ofthe Interiors Bureau of Indian Affairs has an administrative process by