State-recognized tribes in the United States are organizations that identify as Native American tribes or heritage groups that do not meet the criteria for federally recognized Indian tribes but have been recognized by a process established under assorted state government laws for varying purposes or by governor's executive orders. State recognition does not dictate whether or not they are recognized as Native American tribes by continually existing tribal nations.
Individual states confer state-recognition "for their various internal state government purposes."[1] 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.
State recognition confers few 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 that are 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.
Non-recognized tribes is a term for "groups that have no federal designation and are not accepted as sovereign entities under U.S. law," which includes state-recognized tribes. "An additional sub-designation under this classification are 'Federally Non-Recognized' tribes, which includes groups that have previously held federal recognition, either under governments prior to the U.S. Federal Government or as Nations that are no longer in existence and/or no longer meet the criteria as a Nation to have sovereignty status."[2]
Such state recognition has at times been opposed by federally recognized tribes. Journalists Adam Elmahrek and Paul Pringle wrote, "Many Native Americans have long opposed allowing states to recognize tribes, arguing that the federal government should make the decision because states often fail to properly screen groups."[3] The Cherokee Nation opposes state-recognized tribes, as well as Cherokee heritage groups and others with no documented descent who claim Cherokee identity.[4]
Other groups that identify as being Native American tribes but lack federal or state recognition are listed in the List of organizations that self-identify as Native American tribes.
Demographics and geography
Most state-recognized tribes are located in the Eastern United States, including the three of largest state-recognized tribes in the US, the Lumbee Tribe of North Carolina, Echota Cherokee Tribe of Alabama, and the United Houma Nation of Louisiana, each of which has more than ten thousand members.
In late 2007 about 16 states had recognized 62 tribes.[5] According to the National Conference of State Legislatures, only 14 states recognize tribes at the state level by 2017.[6] The Native Nations Institute of the University of Arizona lists 15 states as having state-recognized tribes in 2024.[7]
Federal law
The United States Constitution, as interpreted by the Supreme Court, gives ultimate authority with regard to matters affecting the American Indian tribes to the United States federal government. Under US federal law and regulations, an American Indian tribe is a group of Native Americans with self-government authority.[8] This defines those tribes recognized by the federal government. By 2021, 574 tribes had been recognized by the federal government, often as a result of the process of treaties setting up reservations in the 19th century.
Four federal agencies have the authority to confer benefits to state-recognized tribes: the Department of Health and Human Services, the Department of Labor, the Department of Education, and the Department of Housing and Urban Development.[9]
Under the United States Indian Arts and Crafts Act of 1990 (IACA),[10] members of state-recognized tribes may exhibit as identified "Native American" or "American Indian" artists. In addition to citizens of federally recognized tribes and tribally designated artisans, IACA says that members of "any Indian group that has been formally recognized as an Indian tribe by a State legislature or by a State commission or similar organization legislatively vested with State tribal recognition authority" can exhibition as a "Native American" or "American Indian" artist.[11]
The Administration for Native Americans, a program office within the Department of Health and Human Services, may confer benefits to state-recognized tribes under the Native American Programs Act (NAPA).[12]
The Native American Graves Protection and Repatriation Act (NAGPRA) does not require the federal government or museums to consult with state-recognized tribes. State-recognized tribes may request the repatriation of cultural items or human remains only in cooperation with federally recognized tribes.[13]
Other federal Indian legislation does not apply to state-recognized tribes. For example, Indian Preference in hiring[14] and the Indian Child Welfare Act of 1978 do not apply to these organizations.[15]
State-recognition processes
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.[16] Statutes that clearly identify criteria for recognition or that explicitly recognize certain tribes remove ambiguity from their status.[5]
Many organizations try to assert that various congratulatory resolutions constitute recognition as a Native American tribe by a state; however, "Resolutions are statements of opinions and, unlike bills, do not have the force of law."[17]
List of state-recognized tribes
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 includes state-recognized tribes that have petitioned for federal 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.[18]
- Cher-O-Creek Intra Tribal Indians.[6][18][19]
- Cherokee Tribe of Northeast Alabama (formerly Cherokees of Jackson County, Alabama).[6] Letter of Intent to Petition 09/23/1981;[20] certified letter returned "not known" 11/19/1997.
- Cherokees of Southeast Alabama.[6] Letter of Intent to Petition 05/27/1988;[20] certified letter returned marked "deceased" 11/5/1997.
- Echota Cherokee Tribe of Alabama.[6]
- Ma-Chis Lower Creek Indian Tribe of Alabama.[6] Letter of Intent to Petition 06/27/1983. Declined to Acknowledge 08/18/1988 52 FR 34319,[6] Denied federal recognition.[20][21]
- MOWA Band of Choctaw Indians.[6] Letter of Intent to Petition 05/27/1983. Final Determination to Decline to Acknowledge published 12/24/1997 62FR247:67398-67400; petitioner requested reconsideration from BIA 3/23/1998,[6] denied federal recognition;[21] decision effective 11/26/1999.[20]
- Piqua Shawnee Tribe.[6]
- Star Clan of Muscogee Creeks[6] (formerly Lower Creek Muscogee Tribe East, Star Clan, Southeastern Mvskoke Nation, and Yufala Star Clan of Lower Muscogee Creeks).
- United Cherokee Ani-Yun-Wiya Nation[6] (formerly United Cherokee Intertribal). Letter of Intent to Petition 11/08/2001.[20]
Alaska
Alaska has no state-recognized tribes.[7]
Arkansas
Arkansas has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
Arizona
Arizona has no state-recognized tribes.[7]
California
California has no state-recognized tribes.[23]
Colorado
Colorado has no state-recognized tribes.[7]
Connecticut
- Eastern Pequot Tribal Nation.[6][24]
- Eastern Pequot Indians of Connecticut. Letter of Intent to Petition 06/28/1978;[20] Reconsidered final determination not to acknowledge became final and effective 10/14/2005 70 FR 60099.[20]
- Paucatuck Eastern Pequot Indians of Connecticut. Letter of Intent to Petition 06/20/1989.[20] Reconsidered final determination not to acknowledge became final and effective 10/14/2005 70 FR 60099.[20]
- Golden Hill Paugussett.[6][25][26] Final Determination Against Federal Acknowledgement of the Golden Hill Paugussett Tribe (2004)[27]
- Schaghticoke Tribal Nation.[6] Letter of Intent to Petition 9/27/2001.[20][24] 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.[20]
Delaware
- Lenape Indian Tribe of Delaware.[28]
- Nanticoke Indian Association, Inc.[28] Letter of Intent to Petition 08/08/1978; requested petition be placed on hold 3/25/1989 of limited applicability.[29]
Florida
Florida has an office to manage Indian affairs: Florida Governor's Council on Indian Affairs, Inc.[22] Florida has no state-recognized tribes.[6][7]
Georgia
Georgia established a liaison, the Georgia Council on American Indian Concerns, in 2001, under the Georgia Department of Natural Resources, State Parks and Historic Sites Division.[30][31] In 2007, the state legislature formally recognized the following as American Indian tribes of Georgia:[32]
- Cherokee of Georgia Tribal Council.[6]
- Georgia Tribe of Eastern Cherokees.[6] (I). Letter of Intent to Petition 01/09/1979;[20] last submission February 2002; ready for Acknowledge review. Unrecognized organizations with the same name as Georgia Tribe of Eastern Cherokees, Inc. (II) and (III) exist.
- Lower Muskogee Creek Tribe.[6] Letter of Intent to Petition 02/02/1972; Declined to Acknowledge 12/21/1981 (46 FR 51652).[20] Denied federal recognition.[33] Also known as Lower Muskogee Creek Tribe East of the Mississippi, Inc.
Hawaii
Hawaii has no state-recognized tribes.[7]
Idaho
Idaho has no state-recognized tribes.[7]
Illinois
Illinois has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
Indiana
Indiana has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
Iowa
Iowa has no state-recognized tribes.[7]
Kansas
Kansas has an office to manage Indian affairs: the Joint Committee on State-Tribal Relations.[22] Kansas has no state-recognized tribes.[6][7]
Kentucky
Kentucky has no state-recognized tribes.[7]
Louisiana
The Louisiana Office of Indian Affairs oversees state–tribal relations.[34] They maintain a list of federally and state-recognized tribes headquartered in Louisiana.[35]
- Addai Caddo Tribe,[6] also Adai Caddo Indians of Louisiana, Robeline, LA.[35] Recognized by the State of Louisiana in 1993.[36] Letter of Intent to Petition 09/13/1993.[20] Also Adais Caddo Indians, Inc.
- Bayou Lafourche Band of Biloxi-Chitimache Confederation of Muskogees,[35] also Biloxi-Chitimacha Confederation of Muskogee,[6] Denham Springs, LA. Separated from United Houma Nation, Inc. Letter of Intent to Petition 10/24/1995.[20] Recognized by the State of Louisiana in 2005.[36]
- Choctaw-Apache Community of Ebarb,[6][19] also the Choctaw-Apache Tribe of Ebarb, Zwolle, LA.[35] Recognized by the State of Louisiana in 1978.[36] Letter of Intent to Petition 07/02/1978.[20]
- Clifton-Choctaw,[6] also the Clifton Choctaw Tribe of Louisiana, Clinton, LA.[35] Recognized by the State of Louisiana in 1978.[36] Letter of Intent to Petition 03/22/1978.[20] Also known as Clifton Choctaw Reservation Inc.
- Four Winds Tribe, Louisiana Cherokee Confederacy,[6] also the Four Winds Cherokees, Oakdale, LA.[35] Recognized by the State of Louisiana in 1997.[6][36]
- Grand Caillou/Dulac Band,[6] also the Grand Caillou/Dulac Band of Biloxi Chitimacha Choctaw, Chauvin, LA.[35]
- Isle de Jean Charles Band,[6] also the Jean Charles Choctaw Nation, Montegut, LA[35]
- Louisiana Choctaw Tribe,[6] as the Louisiana Band of Choctaw, Ferriday, LA[35]
- Natchitoches Tribe of Louisiana, Campti, LA[35] Recognized by the State of Louisiana in 2017 Regular Session, HR227.
- Pointe-au-Chien Tribe,[6] also Pointe-au-Chien Indian Tribe, Montegut, LA.[35] Separated from United Houma Nation, Inc. Letter of Intent to Petition 7/22/1996.[6][20] Recognized by the State of Louisiana in 2004.[36]
- United Houma Nation.[6] Recognized by the State of Louisiana in 1972.[36] Letter of Intent to Petition 07/10/1979; Proposed Finding 12/22/1994, 59 FR 6618.[20] Denied federal recognition.[37]
Maine
Maine has no state-recognized tribes.[7]
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,[38] historically part of the large Algonquian languages family along the Atlantic Coast. The Governor announced it to the Assembly by executive order.[38][39]
- Accohannock Indian Tribe. Governor Larry Hogan formally recognized this group on December 19, 2017,[40] through Executive Order 01.01.2017.31.[41]
- Piscataway-Conoy Tribe.[6] It includes the following two sub-groups:
Massachusetts
The Massachusetts Commission on Indian Affairs was created by a legislative act of the General Court of Massachusetts in 1974, to advise the Commonwealth on how best to establish positive relationships with its Indigenous Tribes.[42][43]
In 1976, Governor Michael Dukakis issued Executive Order 126, which clarified the responsibilities of the Massachusetts Commission on Indian Affairs and identified three historic and continuous tribes in the Commonwealth: the Wampanoag Tribe of Gay Head, the Mashpee Wampanoag Tribe and the Hassanamisco Nipmuc.[44] The Wampanoag Tribe of Gay Head and the Mashpee Wampanoag Tribe[45] have federal recognition as of 1987 and 2007, respectively.[46][47]
On November 19, 2024, Governor Maura Healey issued Executive Order No. 637, which recognized the Herring Pond Wampanoag Tribe alongside the Mashpee Wampanoag Tribe, the Wampanoag Tribe of Gay Head, and the Hassanamisco Nipmuc Tribe. The order also recognized Tribal Council of the Herring Pond as its governing body, all in accordance with Dukakis' Executive Order No. 126, for all relevant purposes.[48][49][50]
The Massachusetts Commission on Indian Affairs lacks the authority to recognize any group, as recognition is beyond the scope of the duties of the commission outlined in Executive Order 126[44] and in the administration of the Massachusetts government.[51] The Massachusetts Commission on Indian Affairs announced in August 2023 that it would be establishing a process for state recognition to ensure protections for Native artisans under the Indian Arts and Crafts Act of 1990.[52]
- Hassanamisco Nipmuc.[6] Letter of Intent to Petition 04/22/1980; Declined to acknowledge on 6/25/2004, 69 FR 35667.[53] The Hassanamisco Nipmuc Band petitioned for federal acknowledgment in 1980. It was denied due to its failure to meet four of the seven mandatory criteria for federal acknowledgment. The Hassanamisco Nipmuc Band retains a government-to-government relationship with the state of Massachusetts[53][54]
- Herring Pond Wampanoag Tribe[48]
Michigan
Minnesota
Minnesota has no state-recognized tribes.[7]
Mississippi
The state of Mississippi has offered congratulatory resolutions to unrecognized organizations identifying as Native American descendants, such as the MS HR50 in which the legislators "commend and congratulate" Vancleave Live Oak Choctaw Tribe for recognition;[57] however, no laws outline formal state-recognition for this or any other group by the State of Mississippi.
Mississippi has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
Missouri
Missouri has no office to manage Indian affairs[22] and no state-recognized tribes.[7][6]
Montana
Montana has the Montana Office of Indian Affairs[22] but has no state-recognized tribes.[6][7]
Nebraska
Nebraska has no state-recognized tribes.[7]
Nevada
Nevada has no state-recognized tribes.[7]
New Hampshire
New Hampshire has the New Hampshire State Commission on Native American Affairs[22] but no state-recognized tribes.[6][7]
New Jersey
- Nanticoke Lenni-Lenape Tribal Nation.[28] Letter of Intent to Petition 01/03/1992.[20][58]
- Ramapough Lenape Nation.[58]
- Powhatan Renape Nation.[58]
New Mexico
New Mexico has no state-recognized tribes.[7]
New York
- Unkechague Poosepatuck Tribe (Unkechaug Nation)[59]
North Carolina
- Coharie Intra-tribal Council, Inc.[60] Letter of Intent to Petition 3/13/1981.[20]
- Haliwa-Saponi Indian Tribe.[6][19][60] Letter of Intent to Petition 1/27/1979.[20] Notified of "obvious deficiencies" in federal recognition application[61]
- Lumbee Tribe of North Carolina.[19] Letter of Intent to Petition 01/07/1980; determined ineligible to petition (SOL opinion of 10/23/1989).[20] In 2009, Senate Indian Affairs Committee endorsed a bill that would grant federal recognition.[62]
- Meherrin Nation.[6][60] State-recognized 1987.[20]
- Occaneechi Band of the Saponi Nation.[60] Letter of Intent to Petition 01/06/1995.[20]
- Sappony (formerly known as Indians of Person County, North Carolina).[60][61]
- Waccamaw-Siouan Tribe.[19][60] Letter of Intent to Petition 06/27/1983; determined ineligible to petition (SOL opinion of 10/23/1989).[20] Letter of Intent to Petition 10/16/1992; determined eligible to petition (SOL letter of 6/29/1995).[20] Also known as Waccamaw Siouan Development Association.
North Dakota
North Dakota has no state-recognized tribes.[7]
Ohio
Ohio has no office to manage Indian affairs[22] and no state-recognized tribes.[6]
- United Remnant Band of the Shawnee Nation of Bellefontaine Ohio: In 1979 and 1980, the Ohio state legislature held hearings about state recognition of the United Remnant Band.[63] The band filed historical and genealogical documents with the state to support their claim of descent from the historical Shawnee.The Ohio General Assembly held hearings and heard testimony from numerous groups.[64] In 1980, the 113th Ohio General Assembly passed a "Joint Resolution to recognize the Shawnee Nation United Remnant Band", as adopted by the Ohio Senate, 113th General Assembly, Regular Session, Am. Sub. H.J.R. No. 8, 1979–1980.[65] This is a congratulatory resolution, and Ohio attorney general's office spokesperson Leo Jennings said: "The resolution has no force of law in the state Ohio.… It was basically a ceremonial resolution."[65]
Oklahoma
Oklahoma has no state-recognized tribes.[7]
Oregon
Oregon has no state-recognized tribes.[7]
Pennsylvania
Pennsylvania has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
Rhode Island
Rhode Island has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
South Carolina
South Carolina recognizes three entities: "state-recognized tribes", "state-recognized groups", and "special interest organizations."[66][67] As of 2023, South Carolina recognizes nine tribes that are not recognized by the federal government.[67]
- Beaver Creek Indians.[67][6] Letter of Intent to Petition 01/26/1998.[20] State-recognized tribe in 2006.[68][69][70]
- Edisto Natchez Kusso Tribe of South Carolina.[67][6] State-recognized tribe in 2010.[68][70] Also known as Edisto Natchez-Kusso Indians (Four Holes Indian Organization).
- Pee Dee Indian Nation of Upper South Carolina.[67][6] Letter of Intent to Petition 12/14/2005.[20] State-recognized tribe in 2005.[68][69][70]
- Pee Dee Indian Tribe.[67] Letter of Intent to Petition 01/30/1995.[71] State recognized in 2006.[68] Formerly Pee Dee Indian Tribe of South Carolina (2005).[6] Formerly Pee Dee Indian Association (1978).[68]
- Piedmont American Indian Association.[67]
- Santee Indian Organization.[67][6] Letter of Intent to Petition 06/04/1979.[20] State-recognized tribe in 2006.[68] Formerly White Oak Indian Community.
- Sumter Tribe of Cheraw Indians.[67]
- The Waccamaw Indian People.[67]
- The Wassamasaw Tribe of Varnertown Indians.[67][6]
The South Carolina Commission for Minority Affairs' Native American Affairs Division also has recognized "state-recognized groups" and "special interest organizations" but these are not the same as the state-recognized tribes. In 2018, South Carolina Governor Henry McMaster signed legislation that stops the state from recognizing any additional Native American "groups."[72] As of 2023, South Carolina recognizes four "state-recognized groups" and one "special interest organization."[67] They are: Chaloklowa Chickasaw Indian People;[73] Eastern Cherokee, Southern Iroquois, and United Tribes of South Carolina; Natchez Tribe of South Carolina;[74] and the Pee Dee Indian Nation of Beaver Creek.[74] The special interest organization is the Pine Hill Indian Community Development Initiative.[67][75]
South Dakota
South Dakota has no state-recognized tribes.[7]
Tennessee
Tennessee has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
Texas
Texas has no office to manage Indian affairs[22] and no state-recognized tribes.[7][76] Texas had "no legal mechanism to recognize tribes."[77]
The Texas state legislature often issues congratulatory resolutions that "commend" organizations, such one honoring the Mount Tabor Indian Community in 2017, "for its contributions to [the] state"[78] and the Lipan Apache in 2019;[79] however, this is not the same as formal recognition of a tribe by a state.
Texas Senate Bill 231 to formally state-recognize the Lipan Apache Tribe of Texas, introduced in November 2022, died in committee.[80] Texas Senate Bill 1479, introduced in March 2023, and Texas House Bill 2005, introduced in February 2023, both to state-recognize the Tap Pilam Coahuiltecan Nation also died in committee.[81][82]
Utah
Utah has no state-recognized tribes.[7]
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".
- Elnu Abenaki Tribe.[6][83] Recognition signed into statute April 22, 2011.
- Nulhegan Band of the Coosuk Abenaki Nation.[6][83] Recognition signed into statute April 22, 2011.
On May 7, 2012, Governor Shumlim signed legislative bills officially recognizing two more Abenaki Bands:
- Koasek Abenaki Tribe.[6] Also known as Traditional Koasek Abenaki Nation of the Koas.
- Missiquoi Abenaki Tribe.[6] Also known as Missisquoi St Francis Sokoki Abenaki Nations. Petitioned for federal recognition, denied in 2007.[84]
Virginia
Virginia has an office to manage Indian affairs: the Virginia Council on Indians. It is composed of 13 members - eight from Virginia tribes officially recognized by the Commonwealth, two members at-large from Indian population in Virginia, one from House of Delegates, one from Senate, and one from Commonwealth at-large.[22]
Virginia has the following state-recognized tribes:
- Cheroenhaka (Nottoway) Indian Tribe.[6] Letter of Intent to Petition 12/30/2002.[20] Receipt of Petition 12/30/2002.[85] State-recognized 2010; in Courtland, Southampton County.[86] Letter of intent to file for federal recognition 2017. Currently a bill is being sponsored.
- Mattaponi Indian Nation (a.k.a. Mattaponi Indian Reservation). Letter of Intent to Petition 04/04/1995. State-recognized 1983; in Banks of the Mattaponi River, King William County. 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).
- Nottoway Indian Tribe of Virginia. Recognized 2010; in Capron, Southampton County.
- Patawomeck Indian Tribe of Virginia.[6] Recognized 2010; in Stafford County.[86]
Washington
Washington has not formally recognized any tribes by statute.[7] However, the state or preceding territorial government has been a party to treaties involving a number of tribes that are not federally recognized.
- Chinook Indian Tribe. Bay Center.[87] Party to the Tansey Point Treaties[88]
Wisconsin
Wisconsin has no state-recognized tribes.[7]
West Virginia
West Virginia has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
Wyoming
Wyoming has no state-recognized tribes.[7]
See also
- United States
- Federally recognized tribes (Lower 48 states)
- Federally recognized tribes in Alaska
- List of organizations that self-identify as Native American tribes, not recognized by state or federal governments
- Native Americans in the United States
- List of federally recognized tribes by state
- List of Indian reservations in the United States
- List of historical Indian reservations in the United States
- Outline of United States federal Indian law and policy
- National Park Service Native American Heritage Sites
- Canada
- Related
Notes
References
External sources
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