Loading AI tools
From Wikipedia, the free encyclopedia
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.
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]
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]
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]
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.
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]
Alaska has no state-recognized tribes.[7]
Arkansas has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
Arizona has no state-recognized tribes.[7]
California has no state-recognized tribes.[23]
Colorado has no state-recognized tribes.[7]
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 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]
Hawaii has no state-recognized tribes.[7]
Idaho has no state-recognized tribes.[7]
Illinois has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
Indiana has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
Iowa has no state-recognized tribes.[7]
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 has no state-recognized tribes.[7]
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]
Maine has no state-recognized tribes.[7]
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]
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]
Minnesota has no state-recognized tribes.[7]
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 has no office to manage Indian affairs[22] and no state-recognized tribes.[7][6]
Montana has the Montana Office of Indian Affairs[22] but has no state-recognized tribes.[6][7]
Nebraska has no state-recognized tribes.[7]
Nevada has no state-recognized tribes.[7]
New Hampshire has the New Hampshire State Commission on Native American Affairs[22] but no state-recognized tribes.[6][7]
New Mexico has no state-recognized tribes.[7]
North Dakota has no state-recognized tribes.[7]
Ohio has no office to manage Indian affairs[22] and no state-recognized tribes.[6]
Oklahoma has no state-recognized tribes.[7]
Oregon has no state-recognized tribes.[7]
Pennsylvania has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
Rhode Island has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
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]
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 has no state-recognized tribes.[7]
Tennessee has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
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 has no state-recognized tribes.[7]
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:
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:
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.
West Virginia has no office to manage Indian affairs[22] and no state-recognized tribes.[6][7]
Wyoming has no state-recognized tribes.[7]
Seamless Wikipedia browsing. On steroids.
Every time you click a link to Wikipedia, Wiktionary or Wikiquote in your browser's search results, it will show the modern Wikiwand interface.
Wikiwand extension is a five stars, simple, with minimum permission required to keep your browsing private, safe and transparent.