Rep. Rob Bishop (R-UT), chairman of the House Natural Resources Committee, introduced a proposal this week to permanently strip the Bureau of Indian Affairs’ (BIA) ability to formally recognize Native American tribes as sovereign nations. The proposal from the Chairman is in direct competition with the BIA’s recently finalized rules for tribal acknowledgment.  

According to the BIA, an update to the federal acknowledgement process was needed because the old system had become too cumbersome and expensive, which, they argued, deterred many deserving tribes of the benefits and privlileges that come with federal recognition.  In July, the BIA finalized their new federal acknowledgement rules after two-years of hearings, public comment periods, and discussions within the agency.  The newly implemented regulations limit the amount of time that it should take to obtain full acknowledgement status to about five years.  Additionally, the final rulemaking addressed some of the concerns highlighted by RCRC and other local government entities, in that tribes can no longer re-petition for acknowledgement after a negative finding and the overall proceeding is more open to local government entities impacted by BIA’s decisions.

RCRC’s letters addressing Federal Acknowledgement and Appeal can be accessed here.

Chairman Bishop’s bill would seek to replace the new acknowledgment rules as well as strip the agency of the power to acknowledge Native tribes. Under the proposal, the BIA would become a research institution that would inform the congressional committees of jurisdiction of the historical findings associated with those tribes seeking acknowledgment.  Those committees would then vote for or against acknowledgment, and then send the recommendation to the full House and Senate for passage.  The President would also have to sign the legislation into law.  A contentious hearing ensued on Wednesday between Republicans and Democrats, and the hearing’s sole witness, Assistant Secretary for Indian Affairs Kevin Washburn, over whether Congress is better suited than the BIA to make these types of determinations.  Another hearing will be scheduled to garner the input of the Native American community.  No date has been set.