Regulations last checked for updates: May 02, 2025

Title 25 - Indians last revised: Mar 21, 2025
§ 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)).

authority: 5 U.S.C. 301; 25 U.S.C. 2,9,5131; 25 U.S.C. 5130 note (Congressional Findings); and 43 U.S.C. 1457.
source: 80 FR 37887, July 1, 2015, unless otherwise noted.
cite as: 25 CFR 83.33