in september 2012, in the final determination on the brothertown petition, the acting assistant secretary determined that the group previously had a relationship with the united states, but had its tribal status terminated by an 1839 act of congress. because brothertown could not satisfy one of the seven mandatory criteria for federal acknowledgment, the department did not look to the other criteria in making its final determination. the acting assistant secretary noted that only congress may restore the tribal status of brothertown and thus its government-to-government relationship with the united states.