Code of Federal Regulations Title 25 - Indians
Title 25 of the Code of Federal Regulations (CFR), titled "Indians," is a foundational and comprehensive body of federal regulations governing the relationship between the U.S. Federal Government and Native American tribes, individuals, and organizations. It covers a vast array of topics reflecting the complex history, legal status, and modern-day interactions within Indian Country.
This title is primarily concerned with implementing federal laws (like the Indian Reorganization Act, Indian Self-Determination and Education Assistance Act, and Indian Gaming Regulatory Act) and policies related to tribal sovereignty, trust responsibility, and the provision of services to Native Americans.
Key Agencies and Their Roles within Title 25:
Several key federal agencies are responsible for issuing and enforcing regulations within Title 25:
Chapter I: Bureau of Indian Affairs (BIA), Department of the Interior: This is the most extensive chapter in Title 25 and deals with the broadest range of issues concerning Native American affairs. The BIA's regulations cover:
Procedures and Practice: General administrative rules, appeals, and recognition procedures for Indian tribes (e.g., acknowledging new tribes).
Law and Order: Rules for Courts of Indian Offenses, Indian Country detention facilities, and law enforcement.
Probate: Procedures for handling the estates of deceased Indians with trust or restricted property.
Human Services: Programs related to social services, financial assistance, and the Indian Child Welfare Act (ICWA).
Education: Regulations for federal schools for Indians, minimum academic standards, and various education programs.
Tribal Government: Rules concerning tribal elections, tribal constitutions, and self-governance.
Financial Activities: Management of trust funds, revolving loan funds, and other financial assistance programs for tribes and individuals.
Land and Water: Regulations for trust and restricted lands, including leases, permits, land acquisitions, rights-of-way, and irrigation.
Energy and Minerals: Rules governing the leasing and development of mineral resources on Indian lands (e.g., oil, gas, geothermal).
Fish and Wildlife: Regulations pertaining to hunting, fishing, and natural resource management on Indian lands.
Housing: Rules related to housing programs for Native Americans.
Heritage Preservation: Regulations concerning cultural resources and historic preservation.
Indian Self-Determination and Education Assistance Act Programs: Rules for tribal self-governance contracts and compacts, which allow tribes to administer federal programs previously run by the BIA or Indian Health Service.
Economic Enterprises: Regulations related to business practices and economic development in Indian Country.
Chapter II: Indian Arts and Crafts Board, Department of the Interior: This chapter focuses on promoting and protecting authentic Indian arts and crafts. Regulations cover:
Standards for specific products (e.g., Navajo, Pueblo, and Hopi silver and turquoise).
Use of government marks and certificates of genuineness to prevent misrepresentation.
Protection of Indian arts and crafts products from counterfeiting.
Chapter III: National Indian Gaming Commission (NIGC), Department of the Interior: This chapter is critical for the regulation of Indian gaming. It covers:
General provisions for gaming, including definitions and classifications (Class I, II, and III gaming).
Procedures for the approval of tribal gaming ordinances and resolutions.
Regulations for management contracts between tribes and gaming operators.
Standards for gaming licenses and background investigations for key employees and primary management officials.
Compliance and enforcement provisions.
Appeal proceedings before the Commission.
Chapter IV: The Office of Navajo and Hopi Indian Relocation: This chapter contains specific rules related to the relocation of Navajo and Hopi individuals due to land disputes.
Chapter V: Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services: This chapter primarily covers joint regulations between the BIA and Indian Health Service (IHS), particularly concerning contracts under the Indian Self-Determination and Education Assistance Act for health services.
Chapter VI: Office of the Assistant Secretary, Indian Affairs, Department of the Interior: This chapter covers broader policy directives and programs administered by the Assistant Secretary for Indian Affairs, often related to self-governance and tribal programs.
Chapter VII: Office of the Special Trustee for American Indians, Department of the Interior: This chapter contains regulations related to the management and reform of Indian trust funds.
Where to find CFR Title 25:
Electronic Code of Federal Regulations (eCFR): This is the most current and frequently updated online version of the CFR.
GovInfo (U.S. Government Publishing Office - GPO): Provides the official, annually updated PDF versions of the CFR.
Legal Information Institute (LII) at Cornell Law School: Offers a user-friendly browseable version of the CFR.
Title 25 is essential for tribal governments, federal agencies, attorneys, and any entities or individuals engaging with Native American communities or dealing with Indian lands and resources. It is frequently updated to reflect new legislation, court decisions, and evolving federal Indian policy.
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