In 1978, it established a regulatory  process for recognizing tribes whose relationship with the United States  had either lapsed or never been established—although tribes may seek  recognition through other avenues, such as legislation or Department of  the Interior administrative decisions unconnected to the regulatory  process. Essentially, these criteria require the  petitioner to show that it is a distinct community that has continuously  existed as a political entity since a time when the federal government  broadly acknowledged a political relationship with all Indian tribes. Clearer Guidance Needed on Evidence Required for Recognition Decisions

While we found general agreement on the seven criteria that groups must  meet to be granted recognition, there is great potential for disagreement  when the question before the BIA is whether the level of available  evidence is high enough to demonstrate that a petitioner meets the  criteria. To mitigate this risk, BIA uses  precedents established in past decisions to provide guidance in  interpreting key aspects in the criteria. Recognition Process Ill-Equipped to Provide Timely Response

Because of limited resources, a lack of time frames, and ineffective  procedures for providing information to interested third parties, the length  of time needed to rule on petitions is substantial. The chief of the branch responsible for evaluating petitions told us that,  based solely on the historic rate at which BIA has issued final  determinations, it could take 15 years to resolve all the currently  completed petitions. In contrast, the regulations outline a process for  evaluating a completed petition that should take about 2 years. However, weaknesses in  the process have created uncertainty about the basis for recognition  decisions, calling into question the objectivity of the process.
Why GAO Did This Study

In 1978, the Bureau of Indian Affairs (BIA) established a regulatory process for recognizing tribes. The process requires tribes that are petitioning for recognition to submit evidence that they have continuously existed as an Indian tribe since historic times. Recognition establishes a formal government-to-government relationship between the United States and a tribe. The quasi-sovereign status created by this relationship exempts some tribal lands from most state and local laws and regulations, including those that regulate gambling.

What GAO Found

GAO found that the basis for BIA's tribal recognition decisions is not always clear. Although petitioning tribes must meet set criteria to be granted recognition, no guidance exists to clearly explain how to interpret key aspects of the criteria. This lack of guidance creates controversy and uncertainty for all parties about the basis for decisions. The recognition process is also hampered by limited resources; a lack of time; and ineffective procedures for providing information to interested third parties, such as local municipalities and other Indian tribes. As a result, the number of completed petitions waiting to be considered is growing. BIA estimates that it may take up to 15 years before all currently completed petitions are resolved; the process for evaluating a petition was supposed to take about two years. This testimony summarizes a November report (GAO-02-49).