North Carolina Commission of Indian Affairs tribal recognition criteria
01 NCAC 15 .0201 - 01 NCAC 15 .0214

Page 1
CHAPTER 15 - COMMISSION OF INDIAN AFFAIRS
SECTION .0200 - LEGAL RECOGNITION OF INDIAN GROUPS

.0201     AUTHORIZATION
The North Carolina Commission of Indian Affairs is authorized to establish procedures to provide for the legal recognition of presently unrecognized Indian groups.
History Note: Authority G.S. 143B-406; Eff. November 1, 1976.

.0202     ORGANIZATIONAL ASSISTANCE
When a group of Indians has identified themselves they shall request organizational assistance from the Commission.
The Commission shall then explain organizational options to this group and assist them in developing a representative tribal organization.
History Note: Authority G.S. 143B-406; Eff. November 1, 1976; Amended Eff. April 1, 1999.

.0203     TRIBAL ORGANIZATIONAL OPTIONS
(a) Each group seeking recognition shall organize itself as an Indian tribe, as defined in 1 NCAC 15 .0208, and shall meet the criteria set out in 1 NCAC 15 .0209 and .0211. Methods of tribal organization acceptable to the Commission are:
    (1) to organize a private nonprofit corporation under the laws of North Carolina, or
    (2) to organize a tribal council.
(b) Once recognized by the Commission, the tribal organization may represent the group both locally and at the Commission
level.
(c) The type of tribal organization shall be representative and give opportunity for all Indians in the area to be represented.
When more than one group is involved, opportunity shall be given for all areas to be represented on either the tribal board of directors or the tribal council.
History Note: Authority G.S. 143B-406; Eff. November 1, 1976; Amended Eff. April 1, 1999.

.0204     PETITION FOR RECOGNITION
Once an acceptable method of tribal organization has been achieved the group may petition the Commission for recognition.
The petition shall include name, number, location, origin and existing recognition.
History Note: Authority G.S. 143B-406; Eff. November 1, 1976; Amended Eff. April 1, 1999.

.0205     RECOGNITION
Once a petition for recognition has been filed it is reviewed by the commission. It may then, in its discretion, extend legalrecognition by letter stating the services available to recognized tribes.
History Note: Authority G.S. 143B-406; Eff. November 1, 1976.

.0206     SEATS ON THE COMMISSION
History Note: Authority G.S. 71-16; Eff. November 1, 1976; Repealed Eff. February 27, 1979.


Page 2

.0207     PROCEDURE FOR RECOGNITION
The procedure to be followed for recognition shall be:
(1) Petitioner submits a petition as set out in Rule .0204 of this Section to the Commission of Indian Affairs;
(2) Commission certifies receipt and explains procedure to petitioner;
(3) With assistance from the Commission, petitioner prepares a full application (may take up to one year), which is sent to the special committee on recognition;
(4) Hearing before the special committee on recognition;
(5) Decision is rendered by special committee on recognition;
(6) If petitioner is not satisfied with the decision of the special committee on recognition, an appeal may be taken to the full Commission;
(7) The decision by the full Commission shall be rendered by at least a two-thirds majority of Indian members;
(8) If requested, an informal hearing shall be held before the full Commission;
(9) If the decision is for recognition, the group is recognized as an Indian tribe by the state. If the decision is against recognition, petitioner may apply to the Office of Administrative Hearings for a formal hearing pursuant to G.S. 150B-23.
History Note: Authority G.S. 143B-406; 150B-23; Eff. February 11, 1980; Amended Eff. April 1, 1999; August 1, 1988.

.0208     TRIBAL DEFINITION
A petitioner may apply to be recognized as an "Indian tribe", defined as population of Indian people all related to one another by blood, tracing their heritage to Indian tribes indigenous to North Carolina within the last 200 years.
History Note: Authority G.S. 143B-406; Eff. February 11, 1980; Amended Eff. April 1, 1999; February 1, 1982.

.0209     CRITERIA FOR RECOGNITION AS A TRIBE
(a) The criteria to be used in the decision whether to extend official state recognition as a tribe are:
    (1) traditional North Carolina Indian names;
    (2) kinship relationships with other recognized Indian tribes;
    (3) official records such as birth, church, school or other recognizing the people as Indian;
    (4) letters or statements from state or federal authorities recognizing the people as Indian;
    (5) anthropological or historical accounts tied to the group's Indian ancestry;
    (6) letters or statements from presently recognized tribes or groups or their representatives attesting to the Indian heritage of the group;
    (7) any other documented traditions, customs, legends, etc. that signify the group's Indian heritage;
    (8) participation in or grants from sources or programs designated as for Indian only.
(b) In addition to the criteria listed in Paragraph (a) of this Rule, the following are also relevant to the decision:
    (1) any other material or documents the group may wish to present;
    (2) any other material or documents the Commission or special committee on recognition may request.
(c) Five of the recognition criteria listed in Paragraph (a) of this Rule must be satisfactorily met to achieve state recognition.
History Note: Authority G.S. 143B-406; Eff. February 11, 1980; Amended Eff. April 1, 1999.

.0210     CRITERIA FOR RECOGNITION AS A GROUP OR ORGANIZATION
History Note: Authority G.S. 143B-406; Eff. February 11, 1980; Repealed Eff. April 1, 1999.


Page 3

.0211     RECOGNITION REQUIREMENT
Only groups tracing back to Indian tribes indigenous to North Carolina at least for the last 200 years shall be considered for recognition by the Commission.
History Note: Authority G.S. 143B-406; Eff. February 11, 1980; Amended Eff. April 1, 1999.

.0212     COMMISSION ASSISTANCE TO PETITIONER
The Commission of Indian Affairs assistance to the petitioner will be limited to a full explanation of the procedure, informational requests, and limited technical advice.
History Note: Authority G.S. 143B-406; Eff. February 11, 1980.

.0213     SPECIAL COMMITTEE ON RECOGNITION
A special committee on recognition will be established when the petition process is initiated. The committee will be appointed by the chairperson of the Commission of Indian Affairs from the present commission members who are Indians.
History Note: Authority G.S. 143B-406; Eff. February 11, 1980.

.0214     TRIBAL ROLL
Each petitioning group must submit to the Commission a roll of its members as a condition to recognition. The roll shall list the names and addresses of the people and relate each one to their kinship ties. This roll must be submitted prior to the recognition decision of the Commission of Indian Affairs.
History Note: Authority G.S. 143B-406; Eff. February 11, 1980; Amended Eff. April 1, 1999; August 1, 1988.


tpk/2004