State recognized tribes in the United States

"State recognized tribes" are Native American Indian Tribes and Heritage Groups that are recognized by individual states for their various internal government purposes. "State recognition" confers limited benefits under federal law and is not the same as federal recognition, which is the federal government's acknowledgment of a tribe as a sovereign nation. However, in some states, state recognition has offered some protection of autonomy for tribes not recognized by the federal government. For example, in Connecticut, state law protects reservations and limited self-government rights for state-recognized tribes.

Contents

Description

The legitimacy of state recognized tribes is contested. The United States Constitution explicitly states that only the United States Congress has power over Indian affairs. However, about 20 states have recognized Native American tribes outside of federal processes. Typically, recognition is undertaken by the state legislature or by state agencies involved in cultural or Native American affairs.[1] Three states have processes by which Native American groups can seek to become state recognized, but have not yet recognized any groups.

In legal parlance, an Indian tribe is a group of Indians with self-government authority.[2] Of the tribes recognized by states which recognize tribes, some tribes have sought and been denied federal recognition.

All legitimate state recognized tribes require proof of Native American ancestry for enrollment. Those that do not are not require proof of Native American ancestry are questionable, a fact which contributes to the controversy over state recognition of tribes. For example, the Cherokee Nation's Fraudulent Indians Task Force criticizes state recognized tribes on the basis of such "tribes" as the Cherokee of Georgia Tribal Council, a state recognized "tribe" which does not require any proof of Native American ancestry.[3]

A right conferred to members of state-recognized tribes is the right to exhibit as Native American artists under the United States federal law, the Indian Arts and Crafts Act of 1990.[4]

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. An attempt is made to note which tribes have been denied federal recognition.

Alabama

California

California has no formal policy with regard to the State Recognition of tribes. Some tribes listed below have found sympathetic legislators to sponsor Assembly Joint Resolutions to urge the President to recognize their status as tribes; however, those tribes do not enjoy any benefits of this "recognition," nor do they receive any additional aid from State Agencies that is not also afforded to the State's other non-recognized tribes.

None

Connecticut

Delaware

Florida

In Florida, the Governor's Council on Indian Affairs in 1988 adopted a policy which recommends that state officials refrain from recognizing any group not first acknowledged by the federal government. However, they have set a secondary set of recommendations for what the criteria for state recognition should be in case the state government should wish to bypass the first recommendation: "A state action should (1) create a government-to-government relationship between state and tribe, (2) set forth an explicit rendering of the state's interpretation of 'recognition,' (3) be confined only to groups descended from Seminole, Miccosukee, Creek, or a tribe located in Florida prior to May 30, 1830, and (4) meet federal criteria for recognition."[22] So far, Florida has recognized no tribes.

Georgia

Per Title 44, Chapter 12, Article 7, Part 3 of the Georgia Code (O.C.G.A. § 44-12-300 (2007)), the State of Georgia "officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities" for state purposes:

Unrecognized tribes with the same name Georgia Tribe of Eastern Cherokees, Inc. (II) and (III) exist.[9][18]

Kentucky

Louisiana

Maryland

The Maryland legislature (Md. Code State Government Art. §9.5-309) authorizes a commission on Indian affairs to consider regulations for recognition and has issue detailed procedural requirements and criteria for attaining state recognition. Two groups claiming Piscataway ancestors have pending applications there.[19] However, Maryland has so far recognized no tribes. The Maryland General Assembly 2009 introduced two separate bills (HB 691 and SB 575) titled "Maryland Native American Status - Standards for Recognition" proposing an alteration of the criteria necessary for state recognition.

Massachusetts

In addition Wampanoags unaffiliated with the Mashpee or Aquinnah and tribal members from Maine tribes [formerly under Massachusetts jurisdiction till statehood in 1820] are represented by the State Commission on Indian Affairs[37]

Michigan

Montana

New Jersey

In addition, New Jersey recognizes the Inter-Tribal American Indians of New Jersey, an organization created circa 1980 to meet the needs of American Indians from across North and South America who are now living in New Jersey. The organization provides social activities and support to those Indians living in New Jersey and is dedicated to educating the public about American Indian culture and history. It is to be noted that the Jatibonicu Taino Tribe of Puerto Rico is part of the Inter-Tribal Indians of New Jersey.

New Mexico

In New Mexico, the State Constitution authorizes the State to recognize tribes other than those with federal recognition.[19]

New York

North Carolina

There is also an Unrecognized tribe with the same name, Meherrin Indian Tribe (II).

Ohio

South Carolina

Section 1 31 40(A)(10), South Carolina Code of Laws (Annotated) provides that “The South Carolina Commission for Minority Affairs shall promulgate regulations as may be necessary regarding State Recognition of Native American Indian entities in the State of South Carolina.” These rules and regulations shall be applicable to all entities seeking Native American Indian State Recognition as a: A. Native American Indian Tribe; B. Native American Indian Group; C. Native American Special Interest Organization.

State-recognized Tribes:

State-recognized tribal Groups:

State-recognized tribal Special Interest Organization:

Tennessee

Tennessee Code authorized the state Commission of Indian Affairs from 1983 to 2000 and from 2003 to 2010 to "establish appropriate procedures to provide for legal recognition by the state of presently unrecognized tribes, nations, groups, communities or individuals, and to provide for official state recognition by the commission of such."[53]

On 19 June 2010, 11 days prior to its termination, the Tennessee Commission of Indian Affairs violated its adopted procedures, adopted a new standing rule procedure and approved state recognition of six groups within the state. However, the state Attorney General, the Commission's attorney, determined that the Commission committed six violations of the state's Open Meeting Act, Open Record Act and Uniform Administrative Procedures Act, and declared that recognition "void and of no effect" on 3 September 2010.[54][55][56]

Texas

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.

Virginia

Shares a name with an unrecognized tribe Rappahannock Indian Tribe (II).

Washington

See also

Notes

  1. ^ Sheffield (1998) p63
  2. ^ 25 CFR 290.2, "Definitions"
  3. ^ Sovereignty at Risk: Identity Theft, Revisionism, and the Creation of False Tribes
  4. ^ The Indian Arts and Crafts Act of 1990 US Department of the Interior: Indian Arts and Crafts Board. (retrieved 23 May 2009)
  5. ^ a b c d e f g h i j k l m n o p q r s t u State Recognized Indian Tribes (2010-2011). National Congress of American Indians (Accessible as of February 9, 2011 here).
  6. ^ a b c d e f g h i j k l m n o p q r s t u List of Federal and State Recognized Tribes: State Recognized Tribes (2010). National Conference of State Legislatures (Accessible as of February 9, 2011 here).
  7. ^ a b c d e f g h NEAR Small Business Development Center. "Tribes Recognized by the State of Alabama". http://mis.uah.edu/SBDC/procurement/tribesrecognized.htm. Retrieved 2011-02-09. 
  8. ^ a b c d e f g h Alabama Indian Affairs Commission. "Tribes Recognized by the State of Alabama". http://aiac.state.al.us/tribes.aspx. Retrieved 2011-02-09. 
  9. ^ a b c d e f g h Cherokee Nation (Fraudulent Indian) Task Force: Fraudulent Group List (as of June 23, 2010) (Accessible as of June 28, 2010 here)
  10. ^ 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 "Tribes & Nations: State Recognized Tribes". http://www.manataka.org/page100.html. 
  11. ^ 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 Troy Johnson. "U.S. Federally Non-Recognized Indian Tribes". http://www.kstrom.net/isk/maps/tribesnonrec.html. 
  12. ^ 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 "U.S. Federally Non-Recognized Tribes". http://www.manataka.org/page237.html. 
  13. ^ 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 Wild Apache. "Wild Apache Native American Portal". http://www.wildapache.net/NativeAmericanSite/. 
  14. ^ a b c d e f g h Karen M. Strom. "A Line in the Sand: Contact Information for the Tribes of the United States and Canada". http://www.hanksville.org/sand/contacts/tribal/index.html. Retrieved 2007-09-10. 
  15. ^ 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 NativeData.com. "Roster of State Recognized Tribes, 2006". http://www.nativedata.com/roster-pages/staterecognized.htm. Retrieved 2009-05-26. 
  16. ^ a b c d e f g h USA.gov. "A-Z Index of Tribal Governments, on USA.gov". http://www.usa.gov/Government/Tribal_Sites/index.shtml. Retrieved 2010-09-12. 
  17. ^ 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 LIST OF PETITIONERS BY STATE (as of September 22, 2008) (Accessible as of November 8, 2008 here)
  18. ^ a b c d e f g h i j k l m n o p q r s 500nations.com. "Petitions for Federal Recognition". http://500nations.com/tribes/Tribes_Petitions.asp. Retrieved 2007-09-07. 
  19. ^ a b c d Sheffield (1998) p64
  20. ^ Sheffield (1998) p65
  21. ^ Sheffield (1998) p66
  22. ^ Sheffield (1998) p63-64
  23. ^ a b c http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=44-12-300 O.C.G.A. § 44-12-300 (2007)
  24. ^ a b Sheffield (1998) p67
  25. ^ a b c d e f g h i j 500nations.com. "Nations, Tribes, Bands". http://500nations.com/500_Tribes.asp. Retrieved 2008-09-28. 
  26. ^ "Henderson recognizes Southern Cherokee Nation." State Journal. 25 Feb 2009. Retrieved 25 Jan 2011.
  27. ^ a b "National Indian Child Welfare Association (NICWA) and its implications in Kentucky". kentucky.gov, updated 9-2-2010. http://courts.ky.gov/aoc/juvenile/recentnewsletter.htm. 
  28. ^ http://item.slide.com/r/1/0/i/vkfgSpOM7z8ufMddwpOZwXXy0zTSOadh/
  29. ^ http://item.slide.com/r/1/0/i/LE7KWxzvxj8yOwPvtzs2CD06OrfSksH5/
  30. ^ http://item.slide.com/r/1/0/i/2raZVu6F5T8xkSkpl5-C3_nD9u_YuX8i/
  31. ^ Ridgetop Shawnee Tribe of Indians
  32. ^ "Kentucky General Assembly 2010 Regular Session HJR-16". kentucky.gov, updated 9-2-2010. http://www.lrc.ky.gov/record/10rs/HJ16.htm. 
  33. ^ "Kentucky General Assembly 2009 Regular Session HJR-15". kentucky.gov, updated 5-2-2009. http://www.lrc.ky.gov/record/09rs/HJ15.htm. 
  34. ^ a b c d e f g "Louisiana Governor's Office of Indian Affairs" Retrieved on 4/8/2008.
  35. ^ "Four Winds Tribe website"
  36. ^ a b c d e f Massachusetts Center for Native American Awareness
  37. ^ Michael S. Dukakis. "EXECUTIVE ORDER NO. 126 - Massachusetts Native Americans". http://www.lawlib.state.ma.us/ExecOrders/eo126.txt. 
  38. ^ a b Michigan Department of Human Services. "State Historic Tribes". http://www.michigan.gov/dhs/0,1607,7-124-5452_7124_7209-21045--,00.html. 
  39. ^ Fray Angelo Chavez, "Genízaros", Handbook of North American Indians (Smithsonian Institution, 1979), Vol. 9, pg. 198
  40. ^ See House Memorial 40 (HM40), "Genizaros, In Recognition" and Senate Memorial 59 (SM59), "Genizaros, In Recognition," 2007 New Mexico State Legislature, Regular Session.
  41. ^ See New Mexico Legistature: Glossary of Legislative Terms—General Legislative and Financial Terms
  42. ^ Cohen, Felix S. Cohen's handbook of federal Indian law. 2005 ed. Newark, NJ : LexisNexis, c2005. KF8205 .C6 2005, Sec. 3.02(9) at 171.
  43. ^ 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", University of Santa Clara Law Review, Vol. 48 (2008) pg. 107.
  44. ^ a b c d e f g North Carolina Department of Administration (February 2007). "North Carolina American Indian Tribes and Organizations" (PDF). http://www.doa.state.nc.us/cia/tribes.pdf. 
  45. ^ a b Sheffield (1998) p68-70
  46. ^ a b c d e f g "Virginia tribes take another step on road to federal recognition" in Richmond Times-Dispatch, Wednesday, October 28, 2009.
  47. ^ North Carolina Commission of Indian Affairs
  48. ^ "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
  49. ^ a b c d e f g h i j k l m n South Carolina Commission for Minority Affairs. "SC tribes and groups" (PDF). http://www.state.sc.us/cma/pdfs/s_c_tribes_and_groups.pdf. 
  50. ^ a b c d e f g South Carolina Indian Affairs Commission. "Members". http://southcarolinaindianaffairs.com/members.html. 
  51. ^ a b c d e f g h i j k l m n South Carolina Indigenous Gallery. "Visitors Center". http://scindigenousgallery.com. 
  52. ^ a b Receipt of Petitions for Federal Acknowledgment of Existence as an Indian Tribe (68 FR 13724)
  53. ^ T.C.A. 4-34-103(6)
  54. ^ Humphrey, Tom. "6 Indian groups lose state recognition: Court order says commission violated open meetings law." Knoxville News Sentinel. 3 Sep 2010 (retrieved 3 Sep 2010)
  55. ^ Tennessee Attorney General [1]/"Mark Greene v. Tennessee Commission of Indian Affairs"]
  56. ^ Tennessee Attorney General Court Order 7 Sep 2010
  57. ^ a b Vermonters Concerned on Native American Affairs. "Tribal Sites VT". http://vcnaa.com/native/content/view/510/57/. Retrieved 2011-12-28. 
  58. ^ a b c d e f g h i j k Virginia Council on Indians. "Virginia Tribes". http://indians.vipnet.org/tribes/index.cfm. 
  59. ^ Sheffield (1998) p71-73

References

External sources