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Topic: Federally recognized


In the News (Sun 3 Jun 12)

  
  FAQs regarding Status of Tribes (Taxable vs. Nontaxable vs. Not Subject to Tax)
Federally recognized tribes are subject to numerous federal laws that deal specifically with them about taxation.
Federally recognized tribes are sovereign legal entities, similar to state governments.
A Federally recognized tribe is one that has been granted this status by the Secretary of Interior, after applying for this status, and going through the proper steps to receive this recognition.
www.irs.gov /govt/tribes/article/0,,id=102543,00.html   (1613 words)

  
 Gibson v. Babbitt
The limitation under the federal eagle permit system to federally recognized Indian tribes does not violate RFRA because the government has a compelling interest in protecting a species in demise and fulfilling pre-existing trust obligations to federally-recognized tribes in light of the limited supply of eagle parts.
Therefore, the issue on appeal narrows to whether the regulation limiting applicants for eagle parts to members of federally recognized Indian tribes is the least restrictive means of furthering the United States' treaty obligations with the federally recognized Indian tribes.
Therefore, we agree with the district court that the Government has met its evidentiary burden of proving that the requirement restricting the exemption to the BGEPA to members of a federally recognized Indian tribe is the least restrictive means of furthering that compelling governmental interest, and we affirm the district court's decision.
www.animallaw.info /cases/caus223f3d1256.htm   (864 words)

  
 PRIMER ON FEDERAL RECOGNITION
Prior to 1978, federal acknowledgment of Indian tribes was accomplished by Congressional action, various forms of administrative decisions and the courts.
 Groups that are subject to federal legislation terminating or forbidding federal recognition as a tribe cannot be acknowledged under the FAP process.
There will be plenty of activity on the recognition issue within the next six months especially in light of the BIA's strategic plans for change outlined in its response to the GAO report and the potential for Congressional activity in the second session of the 107th Congress on the recognition process reform legislation.
www.msaj.com /papers/fedrecnov.htm   (5262 words)

  
 DRS: Ruling 95-11, Sales and Use Taxes / Sales to Federally-Recognized Indian Tribes / Purchases by Contractors
However, federal preemption of the states' power to impose excise taxes on Indian tribes or their members appears to apply only when sales are made within Indian country.
In that case the federal preemption would not apply, because the use tax is not imposed "for sales made within Indian country," 132 L. Ed.
By the same token, sales to contractors of materials and supplies that are to become physically incorporated in and become a permanent part of projects constructed for the Tribe within Indian country are likewise exempt from tax, as long as title to the materials and supplies passes within Indian country.
www.ct.gov /drs/cwp/view.asp?a=1513&q=268330   (2352 words)

  
 Oregon Judicial Department Appellate Court Opinions
Plaintiff argued that she was a resident of federally recognized Indian country in Oregon and therefore entitled to state income tax exemption under ORS 316.777.
For income to be exempt under ORS 316.777, a taxpayer must be an enrolled member of a federally recognized American Indian tribe, have income derived from within the boundaries of federally recognized Indian country, and reside in federally recognized Indian country.
The issue is whether Plaintiff resided within "federally recognized Indian country in Oregon" in 1997 and therefore qualifies for the state income tax exemption provided under ORS 316.777.
www.publications.ojd.state.or.us /TCMD982156.htm   (1860 words)

  
 Welcome to 111th ENGINEER BATTALION   (Site not responding. Last check: 2007-10-21)
ANNEX I Organized and Federally recognized 10 September 1922 in the Texas National Guard as Battery E, 131st Field Artillery, an element of the 36th Division, at Abilene.
Reorganized and Federally recognized 20 Febraury 1947 at Abilene.
ANNEX II Organized and Federally recognized 10 May 1923 in the Texas National Guard as Headquarters Company, 1st Battalion, 142d Infantry, an element of the 36th Division, at Abilene.
www.military.com /HomePage/UnitPageFullText/1,13476,712755,00.html   (1000 words)

  
 Casinos and state tribes
The eastern tribes, in spite of the new federal Constitution which established federal supremacy over "commerce" with the tribes, were left to flounder in a sea of neglect, racism, and ambiguity.
However, it is not generally recognized that state-recognized tribes which possess reserved lands (formerly known as "Indian towns" and later as reservations), also are likely to possess the same degree of sovereignty as federally-recognized tribes.
It clearly does not come from federal recognition since the federal government could never extend sovereignty to a community located within the boundaries of a state (and every tribe is, nowadays, located within a state's external boundaries).
www.weyanoke.org /jdf-CasinosAndStateTribes.html   (725 words)

  
 EPA's Consultation Procedures
The Region will directly notify federally recognized tribe(s) where specific tribal interest or trust resources may be involved, and offer the respective tribe(s) an opportunity to participate without resolving whether the tribe(s) has a legal right to consultation.
The Region will encourage meetings with federally recognized tribal governments on their homelands, to the extent resources allow, to strengthen the EPA federal-tribal relationship and facilitate EPA understanding of respective tribal issues, concerns and perspectives.
EPA has the responsibility to consult with federally recognized tribal governments separate from, and in addition to, the public participation process for interested stakeholders.
yosemite.epa.gov /r10/tribal.NSF/34090d07b77d50bd88256b79006529e8/4e239b01fbabd5198825694b00041cc5!OpenDocument   (725 words)

  
 [No title]
Plaintiffs allege that they live in federally recognized Indian country in Oregon because they reside on reservation land and their Property is an Indian allotment.
The Restoration Act provided that "[n]otwithstanding any other provision of law, the tribe and its members shall be eligible, on and after August 27, 1986, for all Federal services and benefits furnished to federally recognized Indian tribes or their members without regard to the existence of a reservation for the tribe." Id.
The Restoration Act specifically states that the restoration of federal recognition is not contingent on "the existence of a reservation for the tribe." 25 USC § 566(c).
www.narf.org /nill/bulletins/state/unreported/Foreman.html   (2425 words)

  
 survivors.html
However, the passage of termination policies during that decade ended federal recognition for 61 Indian tribes in six states and relocated tribal members to urban areas where they were expected to find jobs and assimilate.
Federal courts have interpreted these treaties and other such agreements as creating a perpetual trust relationship with the federal government in accordance with the understandings of the Indians of the time.
The federal government was clear that this was to remain Indian territory and that if it was ever to become a state, it would be one of the Indian's making.
www.humboldt.edu /~go1/kellogg/survivors.html   (2422 words)

  
 Native American Affairs and the Department of Defense   (Site not responding. Last check: 2007-10-21)
Our central observation is that the President's April 29, 1994 meeting with the leaders of the nation's federally recognized Indian tribes symbolizes the growing ability of Native American leaders to influence the development and implementation of federal policies that affect their indigenous constituencies.
We discuss the common elements of that history, recognizing that each federally recognized Indian tribe and each Native American group that has not been federally recognized has its own history of involvement with the federal government during the 18th and 19th centuries.
Today, NCAI is recognized by Native Americans as the spokesorganization for all of the nation's federally recognized tribes.
www.rand.org /publications/MR/MR630.html   (2010 words)

  
 FAQs regarding Employee Plans and Exempt Organization Issues
As a result of being an Indian tribe described in IRC section 7871 and being listed in Revenue Procedure 2002-64, a federally recognized tribe and/or its political subdivision is determined by the IRS to be an organization to which contributions may be tax deductible, as provided in IRC section 170.
A federally recognized tribe that exercises sovereign powers generally will not qualify for exemption as a charitable organization under IRC section 501(c)(3) because the exercise of sovereign powers is not a charitable purpose as defined by IRC section 501(c)(3).
Section 7871 of the Internal Revenue Code allows federally recognized tribes to be treated as states for specific purposes, but it does not allow them to receive donations under section 170(e).
www.irs.gov /govt/tribes/article/0,,id=102549,00.html   (846 words)

  
 05/12/98: Even Start Family Literacy Program for Federally Recognized Indian Tribes and Tribal Organizations; Inviting ...
The Federal share of the project may not exceed-- * 90 percent of the total cost of the project in the first year; * 80 percent in the second year; * 70 percent in the third year; * 60 percent in the fourth year; and * 50 percent in any subsequent year.
Section 427 is not intended to duplicate the requirements of civil rights statutes, but rather to ensure that, in designing their projects, applicants for Federal funds address equity concerns that may affect the ability of certain potential beneficiaries to fully participate in the project and to achieve to high standards.
We recognize that many applicants may already be implementing effective steps to ensure equity of access and participation in their grant programs, and we appreciate your cooperation in responding to the requirements of this provision.
www.ed.gov /legislation/FedRegister/announcements/1998-2/051298d.html   (4391 words)

  
 Indians seek to be LA County's first federally recognized tribe   (Site not responding. Last check: 2007-10-21)
Los Angeles-area Indians seeking federal recognition as a tribe are caught in a controversy over gambling, even though they say they have no interest in starting a casino.
Federal recognition brings with it federal money, access to health care and the opportunity to have the government hold land in trust for tribes.
If successful, they would be the first federally recognized tribe in Los Angeles County.
www.sfgate.com /cgi-bin/article.cgi?file=/news/archive/2001/11/17/state1530EST7195.DTL&type=printable   (664 words)

  
 Tribal Alert! BIA Proposed Rule on Certificate of Degree of Indian Blood
The Bureau appears to be using the proposed rule as a means to unilaterally "amend" both federal statutory and regulatory provisions without congressional oversight or formal rulemaking with respect to specific programs and services.
In some cases, the Indian blood degree requirement for tribal membership (whether it be in a tribal constitution or ordinance) may not specify whether the blood must be that of a federally recognized tribe).
The Allotment Act, the Snyder Act, the Indian Reorganization Act, and other federal statutes and regulations spanning more than a century, as well as the Bureau’s own policies and practices, confirm that the trust obligations of the United States to Indian people are not restricted to members of federally recognized tribes.
www.calindian.org /tribalalert10.17.00.htm   (1169 words)

  
 AGO_1979_No_019   (Site not responding. Last check: 2007-10-21)
Page 7]] who have left or never inhabited federally established reservations, or Indians 'who do not possess the usual accoutrements of tribal self-government,' McClanahan, supra, at 167-168, 36 L.Ed.2d 129, 93 S.Ct. 1257; see Mescalero Apache Tribe, 411 U.S., at 148-149, 36 L.Ed.2d 114, 93 S.Ct. 1267." 426 U.S. at 376, note 2.
  Because the federal government either holds a parcel in trust or has imposed a restriction on its alienation or encumbrance, the encumbrance of that land by a tax lien and any resulting attempt to foreclose that lien would be contrary to federal law.
            Thus, as a matter of both federal and state law, reservation land owned by an Indian and held in trust by the United States or subject to a restriction against alienation is exempt from ad valorem taxation.
www.atg.wa.gov /opinions/1979/opinion_1979_019.html   (3361 words)

  
 January 2005 Grant Writing Tip   (Site not responding. Last check: 2007-10-21)
When you write a federal grant application, the cover form (also known as Form 424 or 524) requires that the grant applicant (your school district or university) enter the CFDA number of the funding agency that will receive, review and hopefully fund the grant request.
The online Catalog of Federal Domestic Assistance gives you access to a database of all federal programs available to state and local governments (including the District of Columbia); federally-recognized Indian tribal governments; territories (and possessions) of the United States; domestic public, quasi-public, and private profit and nonprofit organizations and institutions; specialized groups; and individuals.
Federal participation is limited to 70 percent of total project costs for the first and second years and decreases in each subsequent year of funding.
www.realityworks.com /dbea8ea5-e9d7-46fc-bc3b-c5a3f86646cc.cms   (813 words)

  
 Database Containing the Official Insignia - OG Date: 25 September 2001
One of the recommendations set forth in the Report was that the USPTO create and maintain an accurate and comprehensive database of the official insignia of Native American tribes.
Propriety of Creating and Maintaining the Database of Insignia of Federally and State Recognized Native American Tribes Two comments suggested that the USPTO should not establish a database of insignia of federally and state-recognized Native American Tribes.
The Commissioner will determine whether the entity that submitted the request is a federally recognized Native American tribe by consulting the list of Native American tribes maintained by the BIA.
www.uspto.gov /go/og/2001/week39/patdata.htm   (1418 words)

  
 GOVERNMENT RECOGNIZED INDIAN TRIBES
IN THE STATE OF INDIANA
The Wea Indians in Indiana are NOT a recognized tribe by the Indiana State Government, or the U.S. Federal Government, or the D.O.I., or the B.I.A. There are some people who "think" that the Wea are recognized.
The Wea People in Indiana have yet to appeal their status to the State or Federal Government, because they were newly reformed as a Tribal People in 1999.
In time, the Native American Indians Affairs Commission could possibly have addressed the issue of the fact that there is NO State or Federal Indian Tribes in Indiana, and could have possibly been allowed to work up the structure, rules and guidelines for state recognized tribes in Indiana, because these (the paperwork) don't exist either.
www.angelfire.com /in4/weatribe/Page28RecognizedTribes.html   (286 words)

  
 TEAC Federally Recognized
In granting federal recognition, Paige was acting on the unanimous recommendation, made in June, of the Department’s National Advisory Committee on Institution Quality and Integrity (NACIQI), the panel that examined TEAC’s qualifications.
However, five states now require that the teacher education programs in their public and private colleges and universities be accredited, and, with growing concern about the quality of the nation’s teachers, that number is expected to increase.
Although most states requiring accreditation stipulate that the accrediting agency must be federally recognized, until 1992, federal regulations limited the schools’ choice of accreditors to one agency, the National Council for Accreditation of Teacher Education (NCATE).
www.teac.org /about/pressrelease.asp   (486 words)

  
 Indianz.Com > News > Delaware Tribe kicked off federally recognized list   (Site not responding. Last check: 2007-10-21)
For the first time since the end of the termination era, a tribe is being taken off the list of federally-recognized entities.
The tribe will lose $6 million in federal funding and be forced to terminate services for 11,000 tribal members.
The Cherokees challenged the Bureau of Indian Affairs' decision to recognize the Delawares as a separate tribe.
www.indianz.com /News/2005/007167.asp?print=1   (185 words)

  
 GOIA - FAQ
A: "Federally recognized," means these tribes and groups have a
Members of Federally recognized Tribes who do not reside on their reservations have limited relations with the BIA and IHS, since BIA and IHS programs are primarily administered for members of Federally recognized tribes who live on or near reservations.
A: The two main federal agencies which provide benefits and services to recognized Indian tribes are the Bureau of Indian Affairs (BIA) and the Indian Health Service (IHS).
www.goia.wa.gov /FAQ/FAQ.htm   (566 words)

  
 021299a: Even Start Family Literacy Program for Federally Recognized Indian Tribes and Tribal Organizations; Inviting ...
Section 427 is not intended to duplicate the requirements of civil rights statues, but rather to ensure that, in designing their projects, applicants for Federal funds address equity concerns that may affect the ability of certain potential beneficiaries to fully participate in the project and to achieve to high standards.
Estimated Burden Statement for GEPA Requirements The time required to complete this information collection is estimated to vary from 1 to 3 hours per response, with an average of 1.5 hours, including the time to review instructions, search existing data resources, gather and maintain the data needed, and complete and review the information collection.
Immediately upon receipt of this notice, all applicants, other than federally recognized Indian Tribal Governments, must contact the appropriate State Point of Contact to find out about, and to comply with, the State's process under Executive Order 12372.
www.ed.gov /legislation/FedRegister/announcements/1999-1/021299a.html   (5838 words)

  
 TriTAC. Tribal Child Care Grantees
A Tribe is eligible to receive Child Care and Development Fund (CCDF) monies if the Tribe is federally recognized and the tribal population includes at least 50 children under age 13.
A federally recognized Tribe, including a Tribe with less than 50 children, may join a consortium of Tribes to receive funding.
Connecticut has federally recognized Indian Tribes which elect not to apply for CCDF funds.
www.nccic.org /tribal/grantees.html   (274 words)

  
 Not all Indian nations are federally recognized
Some Native Nations are recognized by state governments, but not the U.S. federal government.
Others have never been recognized for a variety of reasons, and are still struggling for some recognition.
CRF refers to the Code of Federal Regulations and Part 83 applies only to Indian groups not previously recognized by the federal government.
www.airpi.org /pubs/nonrecog.html   (102 words)

  
 U.S. Indian Tribes, federally non-recognized -- Index by State
Removal of duplications by variant spellings or names of either recognized or non-recognized.
About 245 federally non-recognized tribes, most of whom are petitioning for federal recognition.
I removed from his list all tribes that actually (now) are federally recognized, and obvious variant spellings of recognized tribes listed as if another tribe, non-recognized.
www.kstrom.net /isk/maps/tribesnonrec.html   (832 words)

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