Let's Talk Federally Recognized Tribes

hellolanianpo
Nov 24, 2024
4 min read

There are 574 federally recognized Indigenous tribes in the United States. There are also at least 400 tribes seeking recognition with 82 with active petitions.

What Is Federal Recognition?

Federal recognition is a system established by the U.S. government to acknowledge a Native American tribe as a sovereign entity with a government-to-government relationship. This status allows tribes to govern themselves under their own laws and customs, access specific benefits and protections, and exercise certain rights to land and natural resources. However, this sovereignty is limited, making "domestic dependent nations" a more accurate term. Tribes remain subject to federal oversight and restrictions, particularly in foreign policy, military power, and economic development.

Origin and Background

The Federal Acknowledgment Process (FAP) was established in 1978 by the U.S. Department of the Interior’s Bureau of Indian Affairs (BIA) to standardize federal recognition. This system and its criteria were created without significant tribal input. Before 1978, recognition was based primarily on treaties signed during the Treaty Era (1778–1871).

After treaty-making ended, the U.S. entered the Assimilation Era (1871–1934), followed by the Indian Reorganization Era (1934–1950) and the Termination Era (1940–1970). During this time, over 100 tribes lost federal recognition, and treaty “benefits,” such as education provisions, were weaponized to enforce assimilation policies like Indian boarding schools, where over 5,000 Native children died and thousands more suffered extreme abuse.

Today, the Federal Acknowledgment Process is overseen by the Office of Federal Acknowledgment (OFA). Its criteria, codified in 25 CFR Part 83, require extensive documentation and can take 20–40 years on average to complete. Since its inception, only 17 tribes have achieved recognition through this system.\

Criteria for Federal Recognition

Indian Entity Identification - Petitioner must demonstrate identification as an American Indian entity on a substantial continuous basis since 1900.
Governing Document - Petitioner must provide a governing document including membership criteria.
Descent - Membership must consist of individuals who descend from a historical Indian tribe.
Unique Membership - Functioned as a distinct politically autonomous community historically to present and be composed in majority of persons who are not members of any other federally recognized tribe.
Congressional Termination - neither the petitioner nor its members are subject to congressional legislation that has expressly terminated or forbidden the federal relationship.
To name a few…

Challenges to the Recognition Process

Lengthy and Costly: The process can take decades and requires extensive legal and historical research, which is expensive and resource-intensive.
Strict Documentation Requirements: Many tribes struggle to meet documentation requirements, especially if historical records were lost or destroyed during forced assimilation or displacement.
Subjectivity and Inconsistency: Critics argue that the process is inconsistently applied and influenced by politics, making it unfairly difficult for some tribes to succeed.

Common Misconceptions

1. All Native American tribes are federally recognized.

Reality: Many tribes are not federally recognized, and gaining recognition is a lengthy and resource-intensive process that requires extensive documentation.

2. Federal recognition gives tribes free benefits or wealth.

Reality: Federal programs stem from treaty obligations, not handouts, and funding is often insufficient. Financial benefits provided to tribal members usually come from tribal enterprises, such as gaming or natural resource management, and not "free money" from the government.

3. Federal recognition means tribes own their land outright.

Reality: Most tribal land is held in trust by the U.S. government, meaning tribes have beneficial ownership but lack full control over the land, including decisions about its use or development

Examples of Federally Recognized Tribes

Apache Tribe of Oklahoma
Cheyenne River Sioux Tribe of the Cheyenne River Reservation (South Dakota)
Blackfeet Tribe of the Blackfeet Indian Reservation of Montana
Ewiiaapaayp Band of Kumeyaay Indians (California)
Forest County Potawatomi Community (Wisconsin)
Hopi Tribe of Arizona
Jicarilla Apache Nation (New Mexico)
Red Lake Band of Chippewa Indians (Minnesota)
Alabama-Coushatta Tribe of Texas
Ely Shoshone Tribe of Nevada

Examples of Tribes Still Fighting for Federal Recognition

Chinook Indian Nation (Oregon and Washington)
Schaghticoke Tribal Nation (Connecticut)
Lumbee Tribe (North Carolina)
Muwekma Ohlone Tribe (California)
United Houma Nation (Louisiana)
Pamunkey Tribe (Virginia)
Occaneechi Band of the Saponi Nation (North Carolina)
Golden Hill Paugussett Tribe (Connecticut)
Winnemem Wintu Tribe (California)
Nanticoke Indian Tribe (Delaware)

Calls to Action

Stay Informed About Policy and Voting

Be aware of the policymakers and representatives you vote for and their stances on Indigenous rights and relationships. Research their track record on supporting tribal sovereignty, cultural preservation, and recognition efforts.

Promote Education About Tribal Histories

Advocate for the inclusion of Indigenous history and culture in school curriculums, particularly the histories of unrecognized tribes.

Encourage State and Local Recognition Efforts

Many unrecognized tribes start with state or local recognition. Advocate for policies that create fair pathways for state recognition, which can often be a stepping stone to federal acknowledgment.

Support Land Repatriation and Preservation

Advocate for policies that return or preserve land for Indigenous tribes, recognized or not. Land holds cultural, spiritual, and economic significance for many communities.