S.C. Code Regs. § § 139-105

Current through Register Vol. 48, No. 11, November 22, 2024

Section 139-105 - Criteria for State Recognition

A. Native American Indian Tribe - requirements 1 through 9 must be satisfactorily met to achieve State Recognition. Requirements 10 and 11 are optional.

(1) The tribe is headquartered in the State of South Carolina and indigenous to this State. The tribe must produce evidence of tribal organization and/or government and tribal rolls for a minimum of five years.

(2) Historical presence in the State for past 100 years and entity meets all of the characteristics of a "tribe" as defined in R. 139-102 (D)

(3) Organized for the purpose of preserving, documenting and promoting the Native American Indian culture and history, and have such reflected in its by-laws.

(4) Exist to meet one or more of the following needs of Native American Indian people - spiritual, social, economic, or cultural needs through a continuous series of educational programs and activities that preserve, document, and promote the Native American Indian culture and history.

(5) Claims must be supported by official records such as birth certificates, church records, school records, U.S. Bureau of the Census records, and other pertinent documents.

(6) Documented kinship relationships with other Indian tribes in and outside the State.

(7) Anthropological or historical accounts tied to the group's Indian ancestry.

(8) A minimum of one hundred living descendents who are eighteen years of age or older, whose Indian lineage can be documented by a lineal genealogy chart, and whose names, and current addresses appear on the Tribal Roll.

(9) Documented traditions, customs, legends, etc., that signify the specific group's Indian heritage.

(10) Letters, statements, and documents from state or federal authorities, that document a history of tribal related business and activities that specifically address Native American Indian culture, preservation, and affairs.

(11) Letters, statements, and documents from tribes in and outside of South Carolina which attest to the Indian heritage of the group.

B. Native American Indian Group - requirements 1 through 5 must be satisfactorily met to achieve State Recognition. Requirement 6 is optional.

(1) The group headquartered in South Carolina and indigenous to this State.

(2) Assembled as a "Group" for a minimum of three years, and entity meets all the characteristics of a "Group" as defined in R. 139-102 (E).

(3) Organized for the purpose of preserving, documenting and promoting the Native American Indian culture and history, and have such reflected in its by-laws.

(4) Exist to meet one or more of the following needs of Native American Indian people - spiritual, social, economic, or cultural needs through a continuous series of educational programs and activities that preserve, document, and promote the Native American Indian culture and history.

(5) Claims must be supported by official records such as birth certificates, church records, school records, U.S. Bureau of the Census records, or other pertinent documents.

(6) Letters, statements, and documents from state or federal authorities, that document a history of tribal related business and activities that specifically address Native American Indian culture, preservation and affairs.

C. Native American Special Interest Organization - requirements 1 through 4 must be satisfactorily met to achieve State recognition. Requirement 5 is optional.

(1) The organization must represent the interest of Native American Indian people residing in South Carolina.

(2) The organization is recognized as a private nonprofit corporation under the laws of the State.

(3) Letters, statements, and documents from tribes attesting to the work of the organization as it promotes Native American culture and addresses socio-economic deprivation among people of Indian origin.

(4) Formed and operating for a minimum of two years.

(5) Letters, statements, and documents from state and federal authorities that document a history of tribal related business and activities that specifically address Native American Indian culture, preservation, and affairs.

S.C. Code Regs. § 139-105

Added by State Register Volume 28, Issue No. 6, eff June 25, 2004. Amended by State Register Volume 30, Issue No. 6, eff June 23, 2006.