Amata Questions Administration’s Proposed Changes to Part 83

Washington, D.C. – Wednesday, Congresswoman Aumua Amata, "The recognition of new tribes has a significant impact on the federal budget, existing recognized tribes, criminal laws, tax jurisdiction, and individual rights," said Amata."Federal recognition regulations under Part 83 were created by the Department of the Interior, not Congress, even though Article I, Section 8, Clause 3 of the Constitution delegates only to Congress the power to regulate Indian affairs. The overreach of authority that seems to happen time and time again from this administration must stop," continued Amata.

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Last year, the Bureau of Indian Affairs (BIA) published a proposed rule to "revise regulations governing the process and criteria by which the Secretary [of the Interior] acknowledges an Indian tribe."

Following a public comment period, the Department of the Interior informed Congress that a final rule is anticipated before the end of 2015, and largely mirrors (with a few small changes) a "discussion draft "publicly circulated in 2013. Regulations by which the Secretary recognizes a tribe commonly called "Part 83" because it is contained in Part 83 of Title 25 of the Code Federal Regulations. The Office of Federal Acknowledgment(OFA) within the Department of Interior processes petitions from groups seeking recognition as tribes under Part 83.

"We should all take notice anytime a federal agency tries to usurp the authority of Congress. The people elected their representatives for a reason and the purpose of this hearing is to ensure that we are doing what the people sent us here to do, which is exercise the authority bestowed upon Congress on their behalf," said Amata. "This proposal from the BIA would undermine that authority," concluded Amata.

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