§83.10 How does the department rate each of the criteria?
(A)The department examines the criteria in§ 83.11be met if the available evidence demonstrates a reasonable probability of the validity of the facts related to that criterion.
(1)The Department will not require conclusive proof of fact in relation to a criterion in order to determine that the criterion is met.
(2)The Department will require that the existence of political and community influence or authority be demonstrated on a substantially ongoing basis, but such evidence need not always meet these criteria. Fluctuations in tribal activity over several years are not in themselves grounds for refusing recognition under these criteria.
(3)The petitioner can use the same test to specify more than one criterion.
(4)Evidence or methods that the Department has determined in a previous decision to be sufficient to meet certain criteria are sufficient to meet a current petitioner's criteria.
(B)When evaluating a petition, the department proceeds as follows:
(1)Allowing the criteria to be met with appropriate evidence rather than requiring the specific forms of evidence specified in the criteria;
(2)Consider historical situations and time periods for which evidence has been shown to be limited or unavailable;
(3)Consider the limitations inherent in proving the historical existence and political influence or authority of the community;
(4)require evidence that the criteria are met on a substantially continuous basis, d. H. without significant interruption; Is
(5)Apply these criteria in the context of the petitioner's history, regional differences, culture and social organization.
§ 83.11 What are the criteria for recognition as a federally recognized Native American tribe?
The criteria for recognition as a state-recognized Indian tribe are outlined inparagraph (a)through(Gramm)this section.
(A) Identification of the Indian entity.The petitioner has been identified as a Native American entity essentially continuously since 1900. Evidence that the group's character as a Native American entity has been denied from time to time does not count as conclusive evidence that this criterion was not met. Evidence that must be considered in determining a group's Indigenous identity may include one or a combination of the following, as well as other forms of identifying evidence.
(1)Identification as an indigenous entity by federal authorities.
(2)Relationship to state governments arising from the group's identification as indigenous.
(3)Negotiating with a county, municipality or other local government in a relationship based on the group's Native American identity.
(4)Identification as an indigenous entity by anthropologists, historians and/or other scholars.
(5)Identification as an Indian entity in newspapers and books.
(6)Identification as an indigenous entity in relationships with indigenous tribes or national, regional or state indigenous organizations.
(7)Identification as an indigenous entity by the petitioner himself.
(B) community.The petitioner understands a community in its own right and demonstrates that it has existed as a community from 1900 to the present day. Distinct community means an entity with consistent interactions and meaningful social relationships between its members and whose members are distinct and distinct from non-members. The distinct community must be flexibly understood in the context of the entity's history, geography, culture, and social organization. The petitioner can demonstrate that he meets this criterion by providing evidence of known adult members or by providing evidence of relationships from a reliable and statistically significant sample of known adult members.
(1)The petitioner can demonstrate that he meets this criterion at any given time by providing a combination of two or more of the following pieces of evidence or other evidence that a significant and significant proportion of the petitioner's members formed a distinct community at any given time punctual. Time:
(UE)Known marriage rates or patterns within the organization or known non-standard marriages as per cultural imperative;
(of)Social relationships that connect individual members;
(iii)Rates or patterns of informal social interactions prevalent among members of the unit;
(4)joint or cooperative work or other economic activity between members;
(v)Strong patterns of discrimination or other social differences by non-members;
(vi)Common sacred or secular ritual activity;
(VIII)Cultural patterns shared by part of the entity that are distinct from those of the non-Indigenous population with which it interacts. These standards should be more than a symbolic identification of the group as indigenous. They may include, but are not limited to, language, kinship organization or system, religious beliefs or practices and ceremonies;
(VIII)The persistence of a collective identity for more than 50 years, despite the absence or change of name;
(ix)Land reserved by a state for the petitioner or the petitioner's common ancestors that was actively used by the community during that period;
(X)Children of nationals of a geographic area were placed in Indian boarding schools or other Indian educational institutions to the extent that documentary evidence confirmed that the community; either
(XI)A demonstration of political influence according to the criteria in§ 83.11(c)(1)it will be evidence of demonstrating a specific community for the same period of time.
(2)It is understood that the petitioner has provided more than sufficient evidence to demonstrate clear political and community authority§ 83.11(c)at any time if the evidence shows any of the following:
(UE)Greater than 50 percent of the members reside in a geographic area composed entirely or almost entirely of members of the corporation, and the remainder of the corporation maintains ongoing interaction with some members residing in that area;
(of)At least 50 percent of entity members were married to other entity members;
(iii)At least 50% of the members of the body maintain different cultural standards, such as B., but not limited to, language, kinship system, beliefs and religious practices or ceremonies;
(4)There are various social institutions of the community that comprise at least 50% of the members, such as B. Kinship organizations, formal or informal business partnerships, or religious organizations; either
(v)The petitioner meets the criteria of§ 83.11(c)using the evidence described in§ 83.11(c)(2).
(C) Political influence or authority.The petitioner has maintained political influence or authority over its members as an autonomous entity from 1900 to the present day. Political influence or political authority means that the company uses a board, leadership, internal process or other mechanism to influence or control the behavior of its members in a material manner, to make decisions for the company that affect its members materially concern, and/or to represent the company unit in dealing with strangers in important matters. This process must be understood flexibly in the context of the entity's history, culture, and social organization.
(1)The petitioner can demonstrate that he meets this criterion by providing a combination of two or more of the following pieces of evidence or other evidence that the petitioner, as an autonomous entity, had political influence or authority over its members:
(UE)The corporation is able to mobilize a significant number of members and significant resources from its members for the purposes of the corporation.
(of)Many members consider important issues or actions taken by leaders of government agencies or entities.
(iii)Many of the entity's members have extensive knowledge, communication, or participation in political processes.
(4)The company meets the criteria for§ 83.11 (b)greater than or equal to the percentages specified in§ 83.11(b)(2).
(v)There are internal conflicts that show controversies about the company's goals, characteristics, policies, processes, or value decisions.
(vi)The government of a recognized Native American tribe has a significant relationship with the petitioner's leadership or governing body.
(VIII)Land reserved by a state for the petitioner or the petitioner's common ancestors, which is in active use during that period.
(VIII)There is a continuous alignment of the officers of the entity and a means of selection or approval by a significant number of members of the entity.
(2)The petitioner will be deemed to have provided sufficient evidence of political influence or authority at any given time if the evidence demonstrates any of the following:
(UE)There are or have been heads of units or other internal mechanisms that:
(A)Allocate company resources such as land, residency rights, and the like in a consistent manner;
(B)regularly resolve disputes between members or sub-groups through mediation or other means;
(C)Exercising a strong influence on the behavior of individual members, e.g. B. setting or following rules or applying sanctions to direct or control behavior; either
(D)Organize or influence economic activities to ensure subsistence among members, including job sharing or cooperative work.
(of)The applicant meets the requirements of Art.§ 83.11(b)(2)at a certain point in time.
(D) governing document.The applicant must provide the following:
(1)A copy of the company's current governing document, including its membership criteria; either
(2)In the absence of an authoritative document, a written statement fully describing your membership criteria and current governance procedures.
(mi) Offspring.The petitioner's membership consists of individuals descended from a historical Native American tribe (or historical Native American tribes that have merged and functioned as a single autonomous political entity).
(1)The petitioner satisfies this criterion by demonstrating that the petitioner's members are descended from a tribal list administered by Congress or prepared by the Secretary on the basis of ancestry for purposes of entitlement fund allocation, quota determination, census determination, or other tribal purposes, if so is irrelevant Evidence to the contrary shows that the tribal list is materially inaccurate; either
(2)If no tribal list has been directed by Congress or prepared by the Secretary, the petitioner meets this criterion by demonstrating descent from a historical Native American tribe (or historical Native American tribes that have combined and functioned as a single autonomous political entity) with sufficient evidence including but not limited to any one or combination of the following that identify current members or ancestors of current members as descendants of a historical Native American tribe (or historical Native American tribes that combined and functioned as an autonomous entity):
(UE)Federal, state or other official records or evidence;
(of)church, school or other similar registration records;
(iii)records made by historians and anthropologists in historical times;
(4)affirmation statements from tribal elders, leaders or governing bodies of the tribe with personal knowledge; Is
(v)Other Records or Evidence.
(F) individual membership.The petitioner's membership consists primarily of persons who do not belong to any recognized Native American tribe. However, a petitioner may be recognized even if his membership consists primarily of persons whose names have appeared on directories or who have been associated with a federally recognized Native American tribe if the petitioner demonstrates the following:
(1)It functioned as a politically autonomous community and met the criteria inparagraph (b)mi(C)this section; Is
(2)Its members have confirmed their membership to the petitioner in writing.
(Gramm) end of the congress.Neither the petitioner nor its members are subject to the laws of Congress expressly terminating or prohibiting federal relations. The Ministry must determine whether the petitioner meets this criterion and the petitioner does not have to provide any evidence to meet this criterion.
§ 83.12 What are the criteria for a state-approved petitioner?
(A)The petitioner can show that he was previously recognized as a federally recognized Native American tribe or is an evolved part of a previously federally recognized Native American tribe by providing substantial evidence of clear federal recognition, meaning that the United States government recognized the United States Petitioner as a local. Tribe who, because of their status as Native Americans with whom the United States has previously had a relationship, are entitled to special programs and services provided by the United States to Native Americans, including but not limited to evidence that the Petitioner:
(1)contractual relationships with the United States;
(2)It was made a tribe by an act of Congress or an executive order;
(3)has been treated by the federal government as the holder of collective rights to tribal lands or funds; either
(4)Land held by the United States by her or her collective ancestors.
(B)Once the applicant confirms that they have been previously recognised, they must demonstrate that they meet the following:
(1)Currently the community criterion; Is
(2)From the date of prior federal recognition or 1900, whichever is later, the Indigenous Entities Identification Criterion and the Political Authority Criterion.