01 NCAC 15 .0212             CRITERIA FOR RECOGNITION AS AN AMERICAN INDIAN TRIBE

In deciding whether to grant recognition to petitioner, the Commission shall proceed as follows:

(1)           The Petitioner shall demonstrate continuous American Indian identity on a historic basis in satisfying each of these criteria.  Documents that shall be used to demonstrate the group's American Indian identity shall include, family bible accounts, baptismal records, and any other material that can substantiate the petitioning group's historic and continuous identification as an American Indian entity.  For periods of time where this identification cannot be documented, the Petitioner shall submit a narrative to explain the lack of continuous American Indian identification.

(2)           The criteria to be used in the decision whether to extend State recognition as an American Indian tribe are listed below in Subitems (a) through (h).

(a)           Traditional North Carolina American Indian names, as they relate to the petitioning group.  Surnames among the petitioning group that have been commonly identified as being American Indian since 1790 in the Petitioner's local geographic area shall be considered to be traditional North Carolina American Indian names;

(b)           Kinship relationships with other recognized American Indian tribes.  Relationships with other recognized American Indian tribes shall be based on the petitioner's identification as an American Indian group or community, and shall be evidenced by historic blood and marriage kinship ties and communal interaction of spiritual, educational, and social institutions; or other cultural relationships between known (recognized) tribal communities and the petitioner's community;

(c)           Official records, which may include, birth, church, school, military, medical, local or county government records, or other official records identifying the group as American Indian.  Vital records shall also be used in assisting the group's documentation of American Indian identity.

(d)           State or federal documents identifying the group as American Indian.  Any instance of historic government-to-government relationships between the Petitioner and federal or state governments shall be evidenced;

(e)           Anthropological, historical, or genealogical documents identifying the group as American Indian and demonstrating the group's American Indian ancestry;

(f)            Identification from State or federally recognized American Indian tribes attesting to the petitioning group's identification as American Indian, based on both the historic and current relationships existing between the tribe and the petitioning group.

(g)           Any other documented traditions, customs, legends, etc., that are uniquely American Indian and signify the petitioning group's American Indian heritage;

(h)           Participation in grants from sources or programs designated as for American Indian only.

(3)           Five of the recognition criteria listed in Item (2) of this Rule must be satisfactorily met to achieve state recognition.

History Note:        Authority G.S. 143B-406

Eff. February 11, 1980;

Amended Eff. February 1, 2006;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.