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[Federal Register Volume 90, Number 29 (Thursday, February 13, 2025)]
[Rules and Regulations]
[Pages 9515-9516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02558]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 83

[BIA-2022-0001; 256A2100DD AAKP300000 A0A501010.000000]
RIN 1076-AF67

Federal Acknowledgment of American Indian Tribes

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule; delay of effective date.

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SUMMARY: On January 15, 2025, the Department of Interior (Department) 
published in the Federal Register a final rule revising regulations 
governing the Federal acknowledgment process. The rule was set to take 
effect February 14, 2025; however, the department is delaying that 
date. The new effective date is March 21, 2025.

DATES: The effective date for the final rule published on January 15, 
2025, at 90 FR 3627, is delayed to March 21, 2025.

FOR FURTHER INFORMATION CONTACT: Oliver Whaley, Director, Office of 
Regulatory Affairs and Collaborative Action, Office of the Assistant 
Secretary--Indian Affairs (AS-IA), (202) 738-6065. Individuals in the 
United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services.

SUPPLEMENTARY INFORMATION: On January 15, 2025, the Department of the 
Interior published a final rule creating a conditional, time-limited 
opportunity for petitioners denied Federal acknowledgment to re-
petition, through implementation of a re-petition authorization 
process. The final rule appends a new subpart titled ``Subpart D--Re-
Petition Authorization Process'' to the end of the current part 83 
regulations. The new subpart applies to ``unsuccessful petitioner[s],'' 
which is a new term defined in Sec.  83.1. The final rule also inserts 
new definitions for ``re-petition authorization process'' and ``re-
petitioning'' in Sec.  83.1. Additionally, the final rule revises 25 
CFR 83.4(d), the provision that previously prohibited re-petitioning. 
The provision as revised notes a limited exception to the re-petition 
ban for unsuccessful petitioners that meet the conditions of Sec. Sec.  
83.47 through 83.49, as determined by AS-IA in the re-petition 
authorization process.
    On January 20, 2025, after publication of the final rule, the 
President of the United States issued a Presidential Memorandum (PM) 
titled ``Regulatory Freeze Pending Review.'' \1\ The PM orders all 
executive departments and agencies to consider postponing for 60 days 
from the date of the PM the effective date for any rules published in 
the Federal Register that have not taken effect, ``for the purpose of 
reviewing any questions of fact, law, and policy that the rules may 
raise.'' \2\
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    \1\ Presidential Memorandum on Regulatory Freeze Pending Review 
(Jan. 20, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/regulatory-freeze-pending-review/.
    \2\ Id.
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    Here, good cause exists for postponing the effective date of the 
final rule for 60 days from the date of the PM, without subjecting the 
postponement to notice-and-comment procedure. As a preliminary matter, 
notice-and-comment procedure would be impracticable. The time frame for 
the receipt and review of comments would necessarily extend past the 
original, February 14 effective date and likely past the new, March 21 
effective date as well.
    Additionally, a 35-day postponement is reasonable. Pursuant to 25 
U.S.C. 2, the Secretary of the Interior has ``the management of all 
Indian affairs and of all matters arising out of Indian relations,'' 
including the administration of the Department's Federal acknowledgment 
process.\3\ Whether to allow re-petitioning is a policy determination 
that falls within the scope of ``the management of all Indian 
affairs,'' and the new administration needs time to review the policy 
determination, consistent with the direction set forth in the PM.
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    \3\ See, e.g., Muwekma Ohlone Tribe v. Salazar, 708 F.3d 209, 
211 (D.C. Cir. 2013); James v. United States Dep't of Health & Human 
Servs., 824 F.2d 1132, 1137 (D.C. Cir. 1987).

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[[Page 9516]]

    For the reasons stated above, the final rule is now effective on 
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March 21, 2025.

Bryan Mercier,
Director, Bureau of Indian Affairs Exercising the delegated authority 
of the Assistant Secretary--Indian Affairs.
[FR Doc. 2025-02558 Filed 2-12-25; 8:45 am]
BILLING CODE 4337-15-P
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