Guidance | Indian Affairs

Indian Affairs (IA) may promulgate regulations, also known as "rulemaking," in order to carry out its mission to fulfill the United States' trust responsibility to Federally recognized American Indian and Alaska Native Tribes and villages and individual Indian trust beneficiaries. Rulemaking almost always involves public input and often requires additional Tribal consultation. The regulations that guide IA's operations are documented in Title 25 of the Code of Federal Regulations (CFR): Indians. More information on IA's regulatory process as well as a link to IA's regulations in development can be found here: https://www.bia.gov/as-ia/raca/regulations

IA also develops policies/directives that document its internal operations and provide guidance to IA employees on how to perform their jobs effectively and in compliance with regulations and other requirements. Collectively, this is known as the "IA Directives System." These policies/directives are not applicable to the public, but are available to the public here: https://www.bia.gov/policy-forms

To the extent any of these directives have future effect on the behavior of regulated parties and set forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation, and are not otherwise exempted from the EO 13891 definition of “guidance document,” the following applies: Guidance documents lack the force and effect of law, unless expressly authorized by statute or incorporated into a contract; and we may not cite, use, or rely on any guidance that is not posted on our website, except to establish historical facts. For regulations on this matter, please see: Interim final rule; Procedures for Issuing Guidance Documents.

Occasionally, additional 'guidance' documents are created to further clarify for the public how regulations should be implemented. These documents may provide important background on applicable laws and policies, procedural information, and simplify standards and processes. Links to these important documents and additional resources are provided on this page. They have been organized according to the IA organization under which the document owner's office falls. If you are unable to locate a specific document on this page, using the search field at the top of this page should yield results, or you may contact the program office directly.

Assistant Secretary-Indian Affairs (AS-IA):

The Official Guidelines to the Federal Acknowledgement Regulations, 25 CFR 83 (under the Federal Acknowledgement Regulations as Revised in 1994), 1997 (Office of Federal Acknowledgment)

Additional information and sample formats can be found here: https://www.bia.gov/as-ia/OFA/guidelines-precedent-manual-and-sample-narrative, https://www.bia.gov/as- ia/OFA/supplemental-administrative-and-regulatory-documents, and https://www.bia.gov/as-ia/OFA/sample-formats-petitioner-submissions

Documented Petition Description with Suggested Outline for Narrative (under the Federal Acknowledgement Regulations as Revised in 2015), 2015 (Office of Federal Acknowledgment)
Division of Energy and Minerals Grant Writing Guide for Small Scale Biomass Projects, 2015 (Office of Indian Energy and Economic Development)
School Facilities Design Handbook, 2007 (Office of Facilities, Property and Safety Management)

BIA/BIA Regions:

Guidelines for Implementing the Indian Child Welfare Act (ICWA), 2016 (Office of Indian Services)

Additional information including Quick Reference Sheets can be found here: https://www.bia.gov/bia/ois/dhs/icwa

Guidance: Background Checks for Foster Care Placements under the Native American Children's Safety Act (NASCA), 2018 (Office of Indian Services)
Tribal Transportation Delivery Guide, 2017 (Office of Indian Services)
Model Indian Juvenile Code, 2016 (Office of Justice Services)

BIE:

In addition to the documents referenced above, several IA program offices have developed other sources of information that may be useful to Tribes/the public. Unlike 'guidance' documents, these additional resources do not clarify how regulations are to be implemented, but rather provide supplemental information to further IA's mission of enhancing the quality of life, promoting economic opportunity, and carrying out the responsibility to protect and improve the trust assets of American Indians, Indian Tribes, and Alaska Natives. Please refer to the applicable program office's webpage to find supplemental information created by that office. A list of program offices is available here: https://www.bia.gov/programs-services