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TRIBAL ALERT!
CALIFORNIA CONSULTATIONS SCHEDULED FOR NEXT WEEK
BIA's
PROPOSED RULE ON CERTIFICATE OF DEGREE OF INDIAN BLOOD

November 1, 2000

A notice published in the Federal Register October 30 scheduled two California consultations on the Bureau of Indian Affairs proposed rule to govern the requirements and issuance of Certificates of Degree of Indian Blood ("CDIB"). Your prompt attention is required to assure that the California Tribes’ unique concerns regarding the proposed rule are fully represented at these consultations. The consultations are scheduled for:

  • Tuesday, November 7, 2000, in Sacramento, California, at the BIA Pacific Regional Office, 2800 Cottage Way, Sacramento California, 95825, (916) 978-6063

  • Wednesday, November 8, 2000, in Ontario, California,at the Ontario Convention Center, 2000 Convention Center Way, Ontario, California, 91764, (909) 937-3000.

Both consultations are scheduled for 9:00 am to 4:00 pm. The Bureau has also announced that the comment deadline on the proposed rule has been extended to December 20, 2000. (See 65 FR 64643, (October 30, 2000) opens new window.)

The Bureau of Indian Affairs’ proposed rule establishes the documentation requirements and standards for filing, processing, and issuing a Certificate of Degree of Indian Blood ("CDIB"). (See 65 FR 20775-20787, (April 18, 2000) opens new window.) The proposed rule sets forth the policies and standards that will allow the Bureau to issue, amend, or invalidate CDIBs. CILS’ analysis of this rule indicates that the Bureau intends to use this rule as a means of limiting access to federal Indian programs and services to only those Indians who possess the blood of federally recognized tribes where some degree of Indian blood is either a stated or implied requirement of program eligibility. This approach is inconsistent with prior Bureau practice in California and raises serious questions about the consistency of the proposed rule with existing statutory authority.

We urge California Tribes to send representatives to the scheduled consultation sessions. If you have any questions about this alert, please contact Deirdre Daly at (760) 746-8941, Ext. 119.

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