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, one must contact them directly. 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.
Many federal laws use the word 'Indian' without defining it.
This allows federal agencies to decide who is an Indian under those laws. Some agencies have been accused of defining Indian too narrowly, thereby depriving people of benefits that Congress intended them to receive. When Congress has not defined the term, courts have used a two-part test to determine who is an Indian. First, the person must have some Indian blood, that is, some identifiable Indian ancestry. The Census Bureau takes a simple approach to these problems.