RECOGNITION

Although some people prefer use of the term "Native American" or "American Indian" when describing descendants of the indigenous peoples of what is now the United States, the term "Indian" is the actual legal term used in federal law.

There is no federal statute that defines who is an Indian. However, there are a number of federal court decisions that do so. In modern usage, the legal term "Indian" usually means an enrolled member of a federally recognized tribe (or one who is eligible to be enrolled in a federally recognized tribe). Each tribe has the sovereign authority to define who their members are and who is eligible to be enrolled. Some tribes have blood quantum requirements (a requirement that to be enrolled, a person must have at least a certain degree of tribal ancestry - such as one-fourth) while other tribes' laws state that a person is eligible for enrollment if one of their ancestors appears on a particular historical list of tribal members. Ultimately, the question of, "Who is an Indian?", is determined by tribal law. Usually, this determination can be made by contacting the tribe and asking the enrollment clerk if a particular person is an enrolled member. In unclear cases, the tribal court may have to decide and issue an opinion as to a particular person's status. For purposes of criminal jurisdiction, members of all federally recognized tribes are "Indians" regardless what tribe's territory they may be present on (25 USC 1301(2); US v. Lara, 541 US ___ ). For example, an enrolled member of the Cherokee Nation is an "Indian" not only on Cherokee Nation lands but also on Navajo Nation land, and on the reservation of any other federally recognized tribe.

If a person is not enrolled nor eligible for enrollment in a federally recognized tribe, then he or she is probably not an "Indian" for criminal jurisdictional purposes. Enrolled members of tribes recognized by a US state (but not by the federal government) and indigenous people from Canada, Mexico, and other foreign nations are not considered to be "Indians" for criminal jurisdictional purposes. This is because persons who are not members of federally recognized tribes in the US, do not have a special legal relationship with the US government. In Morton v. Mancari (417 US 535) and US v. Antelope (430 US 641), the US Supreme Court ruled that Indians can be treated differently under the law, not because of their race or ancestry, but because of their unique political status under federal law.

25 CFR § 83.2. Lists of acknowledged tribes are periodically published in the Federal Record by the Secretary of the Interior pursuant to the mandate of 25 CFR § 83.6(b). See 53 Fed. Reg. 52829 (December 29, 1988).

Federal law further states:

* the term 'Indian' means a member of an Indian tribe;

*the term 'Indian tribe' means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. l601 et seq.)), which is recognized as eligible for the special programs and services provide by the United States to Indians because of their status as Indians;

* the term 'Indian religion' means any religion-- which is practiced by Indians; and the origin and interpretation of which is from within a traditional Indian culture or community; and the term 'State' means any State of the United States and any political subdivision thereof.

The Eagle's Nest of Alabama, Inc., is not, nor ever will be a state or federally recognized entity other than a Non-Profit Corporation of members who wish to learn and share in their Native American Indian Heritage. We believe in the proper division between the issues of citizenship and heritage. The statement about perpetuation is that about heritage, and specifically learned from recognized elders.