Federal Recognition of Native Tribes
9Oct2009 Filed under: Featured, Recommended Reading Author: Loriene RoyAs National Native American Heritage Month draws closer, students and educators may have more questions about both historical and contemporary Native life. One topic of continuing interest is that of federal recognition, which was recently in the headlines with New York governor David A. Paterson’s endorsement of the Shinnecock tribe’s bid for federal recognition. When does the U.S. government say that a tribe is a tribe and when does it not? Why do tribes seek federal recognition? What is the process of gaining federal recognition?
The best way to start this search is with locating a succinct definition. By typing in “recognition” in the Quick Search box on the American Indian Experience, you will find links to several beginning sources. I recommend first reading the definition for “Recognition, Federal” in Bruce Elliott Johansen’s The Encyclopedia of Native American Legal Tradition.
The entry for “Federal Acknowledgement Project” in the Encyclopedia of American Indian Civil Rights provides more extensive background on the recognition process including a list of the seven criteria that tribes must satisfy in order to petition for recognition.
Even the shortest definitions will provide you with examples of how to expand your search. Johansen’s definition identifies several tribal communities whose histories would provide a broader perspective on federal recognition. This includes the Klamaths and the Menominees. In addition, it is important to look for references to tribal groups that are not currently federally recognized. Note treaties and their legacy on recognition. Robert W. Venables’ chapter on “The Treaty of Canandaigua (1794): Past Present” in Enduring Legacies: Native American Treaties and Contemporary Controversies lists the articles in the treaty and the negotiation between land ownership and federal recognition.
The American Indian Experience will point out related topics such as “bureaucracy and tribal recognition,” “government policy–19th century,” “self-determination,” “tribal government,” “tribal sovereignty,” and the “Indian Reorganization Act of 1934.”
Other sources that discuss federal recognition and specific tribes or tribal groups include:
See the article on self-governance and, specifically, the case of the Pascua Yaqui Tribe, in Lyman H. Legters’ and Fremont J. Lyden’s book, American Indian Policy Self-Governance and Economic Development.
There are a number of references to recognition or non-recognition of eastern tribes such as:
The chapter on “Nonrecognized American Tribes in the Eastern United States: An Historical Overview” in Frank W. Porter’s book, Strategies for Survival: American Indians in the Eastern United States.
The chapter, “High-Stakes Genealogy: When is a Pequot Not a Pequot?” in The Praeger Handbook on Contemporary Issues in Native America.
The “Current Issues” chapter in Laurie Weinstein’s Enduring Traditions: The Native Peoples of New England.
Adolph L. Dial and Linda E. Oxendine’s article on the “Lumbee” in Fredrick Hoxie’s Encyclopedia of North American Indians.
Other tribes are mentioned in sources including:
Celeste Ray’s chapter, “Ethnicity: American Indians,” in The South: The Greenwood Encyclopedia of American Regional Cultures.
Read about the connection between federal recognition and land ownership in the chapter on “Native American Land Claims” in Paul C. Rosier’s text, Native American Issues.
For an overview of the impact of federal recognition on one aspect of tribal economy see the entry on “Gambling” by James Precht in the Encyclopedia of American Indian History.
Finally, read the Introduction to the Tribal Communities Resource, linked from AIE’s homepage.













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