Ala. Admin. Code r. 475-X-3-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 475-X-3-.03 - Criteria For Recognition As A Tribe, Band Or Group

(1) Petitioner must meet all criteria as specified in this section.

(2) Petitioner must present a list of at least two hundred and fifty (250) members of the tribe, band, or group (list must be inclusive by name and addresses), unless this requirement is waived by an affirmative vote of three-fourths (3/4) of the membership of the commission.

(3) Petitioner must present evidence that each of its members is a descendent of individuals recognized as Indian members of an historical Alabama tribe, band, or group found on rolls compiled by the federal government or otherwise identified on other official records or documents. Ancestry charts for each member citing sources of documentation must accompany the petition. Each chart must bear the notarized signature of the individual to whom it pertains. Photocopies of such documentation shall be made available to the commission upon request.

(4) Petitioner must present satisfactory evidence that its members form a kinship group whose Indian ancestors were related by blood and such ancestors were members of a tribe, band or group indigenous to Alabama. This evidence may be the equivalent of the ancestry charts required in Section 3 above.

(5) The petitioner must swear or affirm the following:

(a) No individual holding or eligible for membership in a federally or state recognized tribe, band or group may be accepted for membership in the petitioning group.

NOTE: This requirement is for the protection of members of federally or state recognized tribes who might otherwise forfeit services by becoming members of a non-recognized tribal group.

(b) That the criteria used by the petitioner in determining eligibility of individuals for membership includes but is not limited to the requirement of kinship through Indian ancestors who were members of a tribe indigenous to Alabama.

(6) Evidence must be presented that the petitioning tribe, band or group has been identified with a tribe, band or group from historical times (200 years) until the present as "American Indian" and has a currently functioning governing body based on democratic principles.

(7) Petitioner must include a statement bearing the notarized signatures of the three highest ranking officers of the petitioning tribe, band or group certifying that to the best of their knowledge and belief all information contained therein is true and accurate.

Author: Criteria Committee Draft modified and adopted by Alabama Indian Affairs Commission.

Ala. Admin. Code r. 475-X-3-.03

Filed April 5, 1985. Emergency amendment filed August 28, 1985. Permanent amendment filed November 5, 1985.

Statutory Authority:Code of Ala. 1975, § 41-9-702.