Legal Question in Native American Law in California

Establishing Ethnic orgin as Northern Native American

We are looking for the requirements and process to establish ethnicticity officially for the purpose of obtaining eligability for programs available for Native Americans.

Asked on 10/29/03, 5:13 pm

3 Answers from Attorneys

Margaret Webb Law Office of Margaret Webb

Re: Establishing Ethnic orgin as Northern Native American

For tribal membership, you do need to contact the nation/tribe for their membership requirements. Criterion for tribal membership varies from tribe to tribe and is subject to changes and shifts.

Some federal government criteria involves varying definitions for different statutory or regulatory purposes. Some statutes & regulations require tribal membership while others require a minimum blood quantum.

To further complicate matters, the requirements for establishing ethnicity as a federally recognized tribe involves a very difficult set of specific criteria.

If you are trying to establish ethnicity for a non-governmental program, the criterion will be dependent on what the program's requirements are.

The answer to your inquiry is very dependent on what your purpose may be and what kind of programs or benefits you are seeking.

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Answered on 10/31/03, 5:53 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Establishing Ethnic orgin as Northern Native American

Each tribe is considered to have the sole authority to decide who is a member. You need to apply to the tribe. Be prepared with your family information.

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Answered on 10/30/03, 4:51 pm
Regina Mullen Legal Data Services, PLC

Re: Establishing Ethnic orgin as Northern Native American

Go to the Nation/Tribe with which you seek affiliation and ask them what their rules are for inclusion on tribal registers. If you're only after benefits, chances are you'll have a hard time.

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Answered on 10/29/03, 5:56 pm

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