State-recognized tribes in the United States Article

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Yellow: states with federally-recognized tribes
Red: states with state-recognized tribes
Orange: states with both federal- and state-recognized tribes
Grey: states with neither federal- nor state-recognized tribes

State-recognized tribes are Native American Indian tribes, Nations, and Heritage Groups that have been recognized by a process established under assorted state laws for varying purposes. With increasing activism by tribal nations since the mid-20th century to obtain federal recognition of their tribal sovereignty, many states have passed legislation to recognize some tribes and acknowledge the self-determination and continuity of historic ethnic groups. The majority of these groups are located in the Eastern US, including the three largest state-recognized tribes in the US, viz. the Lumbee Tribe of North Carolina, the Miami Nation of Indiana and the United Houma Nation of Louisiana, each of which has several thousand tribal members.

In many cases, they have recognized tribes that were landless; that is, did not have an Indian reservation or communal land holdings. In addition, such states have often established commissions or other administrative bodies to deal with Native American affairs within the state. It has resulted from the process of increasing self-determination and preservation of cultural identity within some Native American communities, including descendants who remained in states east of the Mississippi River when many tribes were removed during the 19th century.

State recognition confers limited benefits under federal law. It is not the same as federal recognition, which is the federal government's acknowledgment of a tribe as a dependent sovereign nation. Some states have provided laws related to state recognition that provide some protection of autonomy for tribes not recognized by the federal government. For example, in Connecticut, state law recognizing certain tribes also protects reservations and limited self-government rights for state-recognized tribes.

Such state recognition has at times been opposed by federally recognized tribes. For instance, the Cherokee Nation opposes state-recognized tribes claiming Cherokee identity, as well as many non-recognized groups that also claim to be Cherokee. [1]

Numerous other groups assert that they are Indian tribes. Many are listed in List of unrecognized tribes in the United States.

Description

The United States Constitution, as interpreted by the Supreme Court, gives ultimate authority with regard to matters affecting the Indian tribes to the United States. Under federal law and regulations, an Indian tribe is a group of Native Americans with self-government authority. [2] This defines those tribes recognized by the federal government.

By late 2007, about 16 states had recognized 62 tribes. Five other states—Kansas, Kentucky, Michigan, Missouri, and Oklahoma—had less developed processes of recognition. [3] Typically, the state legislature or state agencies involved in cultural or Native American affairs make the formal recognition by criteria they establish, often with Native American representatives, and sometimes based on federal criteria. [4] Members of a state-recognized tribe are still subject to state law and government, and the tribe does not have sovereign control over its affairs. While some state-recognized tribes have petitioned unsuccessfully for federal recognition only the Virginian Palmunky tribe has been successful. According to the National Conference of State Legislatures, only 14 states recognize tribes at the state level. [5]

Under the United States Indian Arts and Crafts Act of 1990, [6] members of state-recognized tribes are authorized to exhibit as identified Native American artists, as are members of federally recognized tribes.

Koenig and Stein have recommended the processes of North Carolina, South Carolina and Virginia, all established by laws passed by the state legislatures, as models worthy of other states to use as the basis for legislation related to recognition of Native American tribes. Statutes that clearly identify criteria for recognition or that explicitly recognize certain tribes remove ambiguity from their status. [3]

List of state-recognized tribes

By 2008 a total of 62 Native American tribes had been recognized by states; 566 had been recognized by the federal government, often as a result of the process of treaties setting up reservations in the 19th century.

The following is a list of tribes recognized by various states, but not by the U.S. Bureau of Indian Affairs. Tribes originally recognized by states that have since gained federal recognition have been deleted from the list below. The list identifies those state-recognized tribes that have petitioned for federal recognition and been denied. Many continue to work to gain such recognition.

Alabama

By the Davis-Strong Act of 1984, the state established the Alabama Indian Affairs Commission to acknowledge and represent Native American citizens in the state. At that time, it recognized seven tribes that did not have federal recognition. The commission members, representatives of the tribes, have created rules for tribal recognition, which were last updated in 2003, under which three more tribes have been recognized. [7]

Connecticut

  • Eastern Pequot Tribal Nation. [5] [11]
    • Eastern Pequot Indians of Connecticut. Letter of Intent to Petition 06/28/1978; [9] Reconsidered final determination not to acknowledge became final and effective 10/14/2005 70 FR 60099. [9]
    • Paucatuck Eastern Pequot Indians of Connecticut. Letter of Intent to Petition 06/20/1989. [9] Reconsidered final determination not to acknowledge became final and effective 10/14/2005 70 FR 60099. [9]
  • Golden Hill Paugussett. [5] [12] [13] Final Determination Against Federal Acknowledgement of the Golden Hill Paugussett Tribe (2004) [14]
  • Schaghticoke Tribal Nation. [5] Letter of Intent to Petition 9/27/2001. [9] [11] Letter of Intent to Petition 12/14/1981; Declined to acknowledge in 2002; Reconsidered final determination not to acknowledge became final and effective 10/14/2005 70 FR 60101. Also known as the Schaghticoke Indian Tribe. [9]

Delaware

  • Lenape Indian Tribe of Delaware [15]
  • Nanticoke Indian Association, Inc. [15] Letter of Intent to Petition 08/08/1978; requested petition be placed on hold 3/25/1989 of limited applicability [16]

Georgia

In 2007, the state legislature formally recognized as American Indian tribes of Georgia the following: [17]

  • Cherokee of Georgia Tribal Council [5]
  • Georgia Tribe of Eastern Cherokees [5] (I). Letter of Intent to Petition 01/09/1979; [9] last submission February 2002; ready for Acknowledge review.
Unrecognized tribes with the same name as Georgia Tribe of Eastern Cherokees, Inc. (II) and (III) exist.

Louisiana

  • Addai Caddo Tribe. [5] Recognized by the State of Louisiana in 1993. [19] Letter of Intent to Petition 09/13/1993. [9] Also known as Adais Caddo Indians, Inc.
  • Biloxi-Chitimacha Confederation of Muskogee. [5] Separated from United Houma Nation, Inc. Letter of Intent to Petition 10/24/1995. [9] Recognized by the State of Louisiana in 2005. [19]
  • Choctaw-Apache Tribe of Ebarb [5] [8] Recognized by the State of Louisiana in 1978. [19] Letter of Intent to Petition 07/02/1978. [9]
  • Clifton-Choctaw [5] Recognized by the State of Louisiana in 1978. [19] Letter of Intent to Petition 03/22/1978. [9] Also known as Clifton Choctaw Reservation Inc.
  • Four Winds Tribe, Louisiana Cherokee Confederacy [5] Recognized by the State of Louisiana in 1997. [5] [19]
  • Grand Caillou/Dulac Band [5]
  • Isle de Jean Charles Band [5]
  • Louisiana Choctaw Tribe. [5]
  • Pointe-au-Chien Tribe. [5] Separated from United Houma Nation, Inc.. Letter of Intent to Petition 7/22/1996. [5] [9] Recognized by the State of Louisiana in 2004. [19]
  • United Houma Nation [5] Recognized by the State of Louisiana in 1972. [19] Letter of Intent to Petition 07/10/1979; Proposed Finding 12/22/1994, 59 FR 6618. [9] Denied federal recognition [20]
  • Natchitoches Tribe of Louisiana, Recognized by the State of Louisiana in 2017 Regular Session, HR227.

Maryland

On January 9, 2012, for the first time the state recognized two American Indian tribes under a process developed by the General Assembly; these were both Piscataway groups, [21] historically part of the large Algonquian languages family along the Atlantic Coast. The Governor announced it to the Assembly by executive order. [21] [22]

Massachusetts

The Massachusetts Commission on Indian Affairs was created by a legislative act of the General Court of Massachusetts in 1974, with the purpose of helping tribes recognized or that will be recognized receive access to and assistance with various local and state agencies. [23] Two former state-recognized tribes, the Wampanoag Tribe of Gay Head and the Mashpee Wampanoag Tribe, [24] have federal recognition as of 1987 and 2007, respectively. [25] [26]

  • Nipmuc Nation [5] Letter of Intent to Petition 04/22/1980; Proposed finding in progress. Declined to acknowledge on 6/25/2004, 69 FR 35667; Reconsideration request before IBIA (not yet effective) [9]

Michigan

As of 2014, Michigan has four State-recognized tribes.

Montana

New Jersey

New York

North Carolina

South Carolina

  • Beaver Creek Indians. [5] Letter of Intent to Petition 01/26/1998. [9] State-recognized tribe in 2006. [32] [33] [34]
  • Edisto Natchez Kusso Tribe of South Carolina, [5] state-recognized tribe in 2010. [32] [34] Also known as Edisto Natchez-Kusso Indians (Four Holes Indian Organization)
  • Pee Dee Nation of Upper South Carolina. [5] Letter of Intent to Petition 12/14/2005. [9] State-recognized tribe in 2005. [32] [33] [34]
  • Pee Dee Indian Tribe. [35] Letter of Intent to Petition 01/30/1995. [36] State recognized in 2006. [32] Formerly Pee Dee Indian Tribe of South Carolina (2005). [5] Formerly Pee Dee Indian Association (1978). [32] Formerly, Pee Dee Lumbee Indian Association (1976). [37]
  • Santee Indian Organization. [5] Letter of Intent to Petition 06/04/1979. [9] State-recognized tribe in 2006. [32] Formerly White Oak Indian Community.
  • Wassamasaw Tribe of Varnertown Indians, [5]
  • The Waccamaw Indian People. [35]

Texas

  • Alabama-Coushatta Tribes of Texas In 1965 under House Bill 1096, 59th Texas Legislature, Regular Session, the newly formed Texas Indian Commission took over state administration and supervision for the Alabama-Coushatta Indian Reservation. On August 18, 1987 HR 318.[6] Public Law 100-89, 101 STAT. 666 was enacted and restored the federal relationship with the tribe. Section 207 (25 U.S.C. § 737) which remains a federally recognized entity. (Also federally recognized)
  • Kickapoo Traditional Tribe of Texas In 1977 Senate Bill 168, 65th Legislature, Regular Session, recognized the Traditional Kickapoo Indians of Texas as a Texas Indian tribe. In 1982, they were recognized as an official sub-group of the Oklahoma Kickapoo Indian Tribe, enabling them to acquire their own reservation, under control of the Bureau of Indian Affairs instead of the state of Texas. In 1985 the tribe was granted a government to government relationship with the federal government and have maintained it continuously. (Also federally recognized)
  • Lipan Apache Tribe. [15] On March 18, 2009, the State of Texas legislature passed resolutions HR 812 and SR 438 recognizing the Lipan Apache Tribe of Texas. Also known as Lipan Apache Tribe of Texas.
  • Mount Tabor Indian Community [1] On April 5, 2017 the Senate of the State of Texas State of Texas legislature passed resolutions 85 SCR 25 with the House passing the bill on April 27, 2017 [2] [3], Governor Greg Abbott signed the bill into law on May 10, 2017 recognizing the Mount Tabor Indian Community of Texas. Also known as Texas Cherokees and Associate Bands- Mount Tabor Indian Community.
  • Ysleta del Sur Pueblo Recognized as the Tigua Indians of El Paso in 1967 as a Texas Indian tribe. House Bill 888 was passed during the 60th Legislature, Regular Session, transferring all trust responsibilities for the Tigua Indians to the Texas Indian Commission. In 1968 the federal government recognized the Tiguas as a Texas tribe and transferred all responsibilities to the state. The Commission assisted this tribe, now the Tigua Reservation. Public Law 100-89, 101 STAT. 666 was enacted 18 August 1987 and restored the federal relationship with the tribe simultaneously with those of the Alabama-Coushatta Tribe. The Tigua have maintained a federal relationship continuously since 1987. (Also federally recognized)

Vermont

As of May 3, 2006, Vermont law 1 V.S.A §§ 851–853 recognizes Abenakis as Native American Indians, not the tribes or bands. However, on April 22, 2011, Vermont Governor Peter Shumlin signed legislative bills officially recognizing two Abenaki Bands. The four Abenaki state-recognized tribes are also known as the "Abenaki Alliance."

On May 7, 2012 Governor Shumlim signed legislative bills officially recognizing two more Abenaki Bands:

  • Koasek Abenaki Tribe. [5] Also known as Traditional Koasek Abenaki Nation of the Koas
  • Missisquoi Abenaki Tribe. [5] Also known as Missisquoi St Francis Sokoki Abenaki Nations.

Virginia

  • Cheroenhaka (Nottoway) [5] Letter of Intent to Petition 12/30/2002. [9] Receipt of Petition 12/30/2002. [39] State-recognized 2010; in Courtland, Southampton County. [40]Letter of intent to file for federal recognition 2017. Currently a bill is being sponsored.
  • Mattaponi [5](a.k.a. Mattaponi Indian Reservation) Letter of Intent to Petition 04/04/1995. [9] State-recognized 1983; in Banks of the Mattaponi River, King William County. [40] The Mattaponi and Pamunkey have reservations based in colonial-era treaties ratified by the Commonwealth in 1658. Pamunkey Tribe's attorney told Congress in 1991 that the tribes state reservation originated in a treaty with the crown in the 17th century and has been occupied by Pamunkey since that time under strict requirements and following the treaty obligation to provide to the Crown a deer every year, and they've done that (replacing Crown with Governor of Commonwealth since Virginia became a Commonwealth) [41]
  • Patawomeck [5] recognized 2010; in Stafford County. [40]

Washington

  • Chinook Indian Tribe. [15] Letter of Intent to Petition 07/23/1979; Declined to acknowledge 07/12/2003 (67 FR 46204). [9] Also known as Chinook Indian Tribe of Oregon & Washington, Inc. and Chinook Nation.

See also

United States
Canada
Related

Notes

  1. ^ "What is a real Indian Nation? What is a fake tribe?". Cherokee Nation. Archived from the original on 12 November 2014. Retrieved 15 May 2014.
  2. ^ 25 CFR 290.2, "Definitions"
  3. ^ a b Alexa Koenig and Jonathan Stein, "Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes across the United States", Santa Clara Law Review, Vol. 48, November 2007
  4. ^ Sheffield (1998) p. 63
  5. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb bc bd be bf "State Recognized Tribes". National Conference of State Legislatures. October 2016. Retrieved 6 April 2017.
  6. ^ The Indian Arts and Crafts Act of 1990 Archived 2006-09-25 at the Wayback Machine., US Department of the Interior: Indian Arts and Crafts Board. (retrieved 23 May 2009)
  7. ^ a b Alabama Indian Affairs Commission. "Tribes Recognized by the State of Alabama". Retrieved 2015-03-28.
  8. ^ a b c d e "Tribal Directory: Southeast". National Congress of American Indians. Retrieved 6 April 2016.
  9. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai LIST OF PETITIONERS BY STATE (as of July 31, 2012) (Accessible as of January 15, 2013 here)
  10. ^ a b Sheffield (1998) p64
  11. ^ a b Connecticut Law on Indian Tribes (2007-R-0475). Christopher Reinhart, Senior Attorney, on behalf of State of Connecticut General Assembly (Accessible as of July 15, 2014 here).
  12. ^ Christopher Reinhart (2002-02-07). "Effect of State Recognition of an Indian Tribe". State of Connecticut. Retrieved 2010-08-06. Connecticut statutes recognize five tribes: (1) Golden Hill Paugussett, (2) Mashantucket Pequot, (3) Mohegan, (4) Eastern Pequot, and (5) Schaghticoke tribe.
  13. ^ "CGS § 47-59a Connecticut Indians; citizenship, civil rights, land rights". State of Connecticut. Retrieved 2015-07-02.
  14. ^ Bureau of Indian Affairs (2004-06-21). "Final Determination Against Federal Acknowledgement of the Golden Hill Paugussett Tribe". Federal Register. United States. pp. 34388–34393. Retrieved 2010-08-06.
  15. ^ a b c d e f g "Tribal Directory". National Congress of American Indians. Retrieved 6 April 2016.
  16. ^ Sheffield (1998): 66
  17. ^ O.C.G.A. § 44-12-300 (2007) Title 44, Chapter 12, Article 7, Part 3 of the Official Code of Georgia Annotated Archived 2004-09-19 at the Wayback Machine., Georgia Legislature. Quote: The State of Georgia "officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities" for state purposes
  18. ^ Sheffield (1998) p67
  19. ^ a b c d e f g "Louisiana Governor's Office of Indian Affairs" Retrieved on 4/8/2008 Archived 2008-10-13 at the Wayback Machine..
  20. ^ Sheffield (1998): 67
  21. ^ a b c d Witte, Brian. "Md. Formally Recognizes 2 American Indian Groups.", NBC Washington, 9 Jan 2011, Retrieved 10 Jan 2011
  22. ^ Executive Orders 01.01.2012.01 and 01.01.2012.02 "Recognition of tribes in the state", Governor's Office
  23. ^ Mass. Gen. Laws ch. 6A, § 8A.
  24. ^ "Northeast". Tribal Directory. National Congress of American Indians. Retrieved 6 June 2018.
  25. ^ Swimmer, R. (1987). Final determination for federal acknowledgment of the Wampanoag Tribal Council of Gay Head, Inc., FR Doc. 87-2877. US. Government Printing Office: Washington, D.C.
  26. ^ Carson, J. U.S. Department of the Interior, Bureau of Indian Affairs. (2004). Summary under the criteria of evidence for final determination of federal recognition of the Mashpee Wampanoag Tribal Council, Inc Archived 2012-09-21 at the Wayback Machine.. (71 FR 17488). U.S. Government Printing Office: Washington, D.C.
  27. ^ a b c d "Michigan Historic Tribes" (pdf). State of Michigan Community Services Block Grant. State Plan from Fiscal Years 2015–2016. Michigan Department of Human Services. 1 July 2014. p. 67. Retrieved 25 June 2015.
  28. ^ "Tribal Directory: Northeast". National Congress of American Indians. Retrieved 22 June 2015.
  29. ^ a b c d e f g North Carolina Department of Administration (February 2007). "North Carolina American Indian Tribes and Organizations" (PDF).
  30. ^ a b Sheffield (1998) p68-70
  31. ^ "Virginia tribes take another step on road to federal recognition" Archived 2009-10-26 at Archive.is in '[Richmond Times-Dispatch, 28 October 2009.
  32. ^ a b c d e f South Carolina Commission for Minority Affairs. "SC tribes and groups" (PDF). Archived from the original (PDF) on 2008-01-02.
  33. ^ a b South Carolina Indian Affairs Commission. "Members". Archived from the original on 2013-01-11.
  34. ^ a b c South Carolina Indigenous Gallery. "Visitors Center". Archived from the original on 2007-09-02.
  35. ^ a b "South Carolina Native American Affairs State Recognized Tribe List".
  36. ^ "List of Petitioners by State (as of 11/12/2013)" (PDF).
  37. ^ "Business Name Search - Business Entities Online - S.C. Secretary of State". businessfilings.sc.gov. Retrieved 2018-02-17.
  38. ^ a b Vermonters Concerned on Native American Affairs. "Tribal Sites VT". Retrieved 2011-12-28.
  39. ^ Receipt of Petitions for Federal Acknowledgment of Existence as an Indian Tribe (68 FR 13724)
  40. ^ a b c Virginia Council on Indians. "Virginia Tribes". Archived from the original on 2003-08-10.
  41. ^ Sheffield (1998) p71-73

References

  • Koenig, Alexa and Jonathan Stein (2008). Federalism and the State Recognition of Native American Tribes: A survey of State-Recognized Tribes and State Recognition Processes Across the United States. University of Santa Clara Law Review, Vol. 48.
  • Sheffield, Gail (1998). Arbitrary Indian: The Indian Arts and Crafts Act of 1990. Norman: University of Oklahoma Press. ISBN  0-8061-2969-7.
  • Constitution of the United States

External sources