Here you go folks. Good or bad this is the law in Alabama. "LOM"
CHAPTER 475-X-3 PROCEDURES AND CRITERIA FOR THE RECOGNITION OF INDIAN TRIBES, BANDS, GROUPS AND ASSOCIATIONS
TABLE OF CONTENTS
475-X-3-.01 Procedure For Recognition
475-X-3-.02 Types Of Recognition
475-X-3-.03 Criteria For Recognition As A Tribe, Band Or Group
475-X-3-.04 Criteria For Recognition As An Indian Association
475-X-3-.01 Procedure For Recognition.
(1) Petitioner shall submit to the Alabama Indian Affairs Commission a petition requesting state recognition which contains the information described below. The petition must indicate the type of recognition sought as specified in Rule No. 475-X-3-.02 of these regulations.
(2) A decision in favor of recognition must be rendered by a simple majority of the commission members. The time period in which the commission may research and verify the petition shall not exceed one (1) year from the date upon which all evidence required from the petitioner is delivered to the office of the commission.
(3) A decision of denial may be timely appealed. Such appeal for reconsideration must be made not later than 30 days from the date of the commission decision. The request for reconsideration shall specify one of the following categories:
(a) Appeal with New and/or Additional Evidence:
1. Petitioner shall prepare an appeal of petition which presents new or additional evidence not previously presented to the commission for consideration. Petitioner shall have 90 days from the date of the request for reconsideration within which to submit said new or additional evidence.
(b) Appeal without New and/or Additional Evidence:
1. Petitioner shall prepare an appeal of petition stating specifically why the commission should reconsider its decision. Petitioner shall have 30 days from the date of request for reconsideration to present its case for reconsideration.
(c) In either of the above situations, the petitioner appellant must be afforded a hearing within 60 days of receipt of such documentation as stated in (a) and (b) above. The commission shall thereafter render its decision not more than twelve (12) months from the date of such hearing.
(d) All notices called for shall be in writing by certified or registered mail.
Authors: Criteria Committee Draft modified and adopted by Alabama Indian Affairs Commission.
Statutory Authority: Code of Ala. 1975, § 41-9-702.
History: Filed April 5, 1985.
475-X-3-.02 Types Of Recognition.
(1) An "Indian Tribe, Band, or Group" is a population of Indian people related to one another by blood through their Indian ancestry, tracing their heritage to an Indian tribe, band, or group indigenous to Alabama. No splinter groups, political factions, communities or groups of any character which separate from the main body of a tribe, band, or group currently recognized by the State of Alabama may be considered for recognition by the Commission. A state recognized Indian tribe, band, or group may apply to the Commission on behalf of its members for assistance and information regarding services and benefits to Indians.
(2) An "Indian Association" is an organization of Indian people made up of members of state or federally recognized Indian tribes, bands or groups who have joined together to form such association, the purposes of which are documented by the association's bylaws or constitution. Ninety percent of the association's membership must be Indian. Membership in an Indian association does not of itself certify an individual as Indian. A state recognized Indian association may apply to the commission on behalf of its Indian members for assistance and information regarding services and benefits to Indians.
Author: Criteria Committee Draft modified and adopted by Alabama Indian Affairs Commission.
Statutory Authority: Code of Ala. 1975, § 41-9-702.
History: Filed April 5, 1985. Amended: Filed April 5, 1995; effective May 10, 1995.
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.
Statutory Authority: Code of Ala. 1975, § 41-9-702.
History: Filed April 5, 1985. Emergency amendment filed August 28, 1985. Permanent amendment filed November 5, 1985.
475-X-3-.04 Criteria For Recognition As An Indian Association.
(1) To be recognized as an Indian association, the petitioner must show at least a ninety percent of its enrolled members are Indian. The remaining members may be either Indian or non-Indian or members of tribes, bands or groups not recognized by the state or federal government.
(2) Petitioner must present to the commission the association's membership list including the names and addresses of all members and the designated tribal affiliation of its Indian members.
(3) A copy of the bylaws and constitution or purpose clause of the petitioning group must accompany said petition and be received by the commission.
(4) The petitioner must swear or affirm that at least ninety percent of its membership is Indian. No petition shall be granted a hearing where it is shown that the association, its bylaws, or purpose clause is contrary to public policy.
Author: Criteria Committee Draft modified and adopted by Alabama Indian Affairs Commission.
Statutory Authority: Code of Ala. 1975, § 41-9-702.History: Filed April 5, 1985.
