9th Cir. Model Jury Instr. (Criminal) 24.13

Within Indian Country (18 U.S.C. § 1153)

For the defendant to be found to be an Indian, the government must prove the following, beyond a reasonable doubt:

First, the defendant has some quantum of Indian blood, whether or not that blood is traceable to a member of a federally recognized tribe; and

Second, the defendant was a member of, or affiliated with, a federally recognized tribe at the time of the offense.

[I instruct you that [specify tribe] is a federally recognized tribe.]

Whether the defendant was a member of, or affiliated with, a federally recognized tribe is determined by considering four factors, in declining order of importance, as follows:

(1) Enrollment in a federally recognized tribe;

(2) Government recognition formally and informally through receipt of assistance reserved only to individuals who are members, or are eligible to become members, of federally recognized tribes;

(3) Enjoyment of the benefits of affiliation with a federally recognized tribe; and

(4) Social recognition as someone affiliated with a federally recognized tribe through residence on a reservation and participation in the social life of a federally recognized tribe.