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Subject:
Native American Indian-what % do you have to have in your heritage to be legal.
Category: Relationships and Society Asked by: fuller_n-ga List Price: $2.00 |
Posted:
24 Sep 2002 19:26 PDT
Expires: 24 Oct 2002 19:26 PDT Question ID: 68706 |
What percent of Native American Indian does someone have to prove they have in their ancestry before they can legally be called an Native American Indian by a judge of the court system in the USA? The reason I want to know is I am trying to start a business on a Indian Reservation to help them. I know both sides of my family have American Indian in them. I know I have probably less than 10% in me and I don't want to hire a geneologist if I have to have more than 10% to make the requirement. |
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Subject:
Re: Native American Indian-what % do you have to have in your heritage to be leg
Answered By: juggler-ga on 24 Sep 2002 21:11 PDT |
Hello. There's not a single, fixed percentage of Native American ancestry required to be legally called a Native American or American Indian. The Census Bureau will count anyone as an American Indian or Native American who self-identifies as such. However, to be eligible for services of the Bureau of Indian Affairs on Indian reservations, certain requirements must be met. According to the U.S. Government's Bureau of Indian Affairs: "No single Federal or tribal criterion establishes a person's identity as an Indian. Government agencies use differing criteria to determine who is an Indian eligible to participate in their programs. Tribes also have varying eligibility criteria for membership. To determine what the criteria might be for agencies or Tribes, you must contact each entity directly. To be eligible for Bureau of Indian Affairs services, an Indian must (1) be a member of a Tribe recognized by the Federal Government, (2) one-half or more Indian blood of tribes indigenous to the United States (25 USC 479) ; or (3) must, for some purposes, be of one-fourth or more Indian ancestry. By legislative and administrative decision, the Aleuts, Eskimos and Indians of Alaska are eligible for BIA services. Most of the BIA's services and programs, however, are limited to Indians living on or near Indian reservations." " Source Bureau of Indian Affairs "Frequently Asked Questions" on the web site of the U.S. embassy in Germany (PDF format so the Adobe Acrobat reader is required): http://www.usembassy.de/usa/etexts/soc/bia.pdf Similar information is available on the web site of Infoplease.com: http://www.infoplease.com/ipa/A0192524.html Since you don't meet either the one-half (50 percent) or one-fourth (25 percent) requirements mentioned above, your best bet would seem to be to try to join a tribe for which you are eligible. From the Bureau of Indian Affairs "Frequently Asked Questions": "How does an Indian become a member of a Tribe? A Tribe sets up its own membership criteria, although the U.S. Congress can also establish tribal membership criteria. Becoming a member of a particular Tribe requires meeting its membership rules, including adoption. Except for adoption, the amount of blood quantum needed varies, with some Tribes requiring only proof of descent from an Indian ancestor, while others may require as much as one-half." search strategy: "what is an indian", "blood quantum", "indian affairs" I hope this helps. |
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Subject:
Re: Native American Indian-what % do you have to have in your heritage to be legal.
From: stevenv-ga on 03 Nov 2002 23:53 PST |
You don't have it, the standard for tribal enrollment of the tribe you are seeking to help (on that reservation) will be the standard for you. The legal questin for the Circuit court or Supreme Ct. in your area will be what is the standard or average and if you can't approach 1/4 you cannot go the direction you wish. Many citizens in the Western US can claim somewhere in the 1/8 and below as time goes onward, but the standard is 1/4-1/3. You don't need a court reference, the judge will use the standard of the tribe represented. |
Subject:
Re: Native American Indian-what % do you have to have in your heritage to be legal.
From: provocateur-ga on 04 Dec 2002 18:08 PST |
There is both a federal recognition status and a tribal. Federal recognition is by a definitive, proven blood quantity, (1/216th or better) and despite the fact one can bePROVEN to be descended, one cannot be federally recognized with less than that amount. Federal recognition is often in the benefit of the tribe, rather than the individual, and one must be demonstrated to be a tribal (not federal) member to gain any issuances as per treaty or supervision and support money. Tribal recognition varies from tribe to tribe, and runs from specific blood quantity to direct descendency (both require documented proof) Contacting specific tribes can assist you in determining legal acceptable tribal affiliation. Many tribes are realizing that blood quantity was intended to eventually ensure the destruction of tribal affiliation, and many tribes are working on systems of organizing or restructuring their recognition methodologies. Tribes can create their own methodology once they hold tribal sovereignty as a recognized tribe with the US government. In essence, the term "legal" Indian can be answered either tribally, or federally,.... and it depends upon what purpose you intend using that status for. |
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