Why Some Native American Tribes Are Recognized by the U.S. Government, While Others Are Not

The recognition of Native American tribes by the U.S. government is a complex and often contentious process. Various factors determine which tribes are officially recognized, and understanding these factors can shed light on the discrepancies among different tribes. This article explores the reasons why some tribes are recognized by the U.S. government, while others remain unrecognized, and provides insights into the process behind this recognition.

Introduction to Tribal Recognition

Native American tribes seeking recognition by the U.S. government must petition the Office of Federal Acknowledgment (OFA) within Office of Indian Affairs. The process involves a thorough review of the submitted materials by a review board.

The Bureau of Indian Affairs (BIA) provides sample petition formats online, which can be found here. However, the recognition process is lengthy and involves a lot of detail and documentation.

The Process of Recognition

Several criteria and historical factors play a role in determining whether a tribe is recognized by the U.S. government:

Termination

One major factor is termination. This was a federal policy that aimed to extinguish the tribal government of certain tribes and rescind their federal recognition. Tribes that were terminated would have to undergo the entire recognition process again if they wish to regain recognition. This often involves applying through the BIA or receiving Congressional recognition.

Shared Reservations and Confederated Tribes

Some tribes were never individually recognized due to being assigned to shared reservations or as part of a confederated tribal nation, where their distinct national status was not formally acknowledged.

Treaty Signatures and National Status

Tribes that did not sign a significant treaty with the federal government and therefore did not have their distinct national status formally recognized are often not recognized.

Remnant Communities and Individual Allotments

In some cases, the main body of a tribe was forcibly removed, leaving a small number of members who chose to take individual allotments and sever their tribal affiliation. Even though these groups may continue as a tribal band, they are often not recognized as distinct tribal nations.

State Recognition

Some tribes may have been state-recognized, particularly during the colonial period. Many of these state-recognized tribes have since transitioned to federal recognition. However, the majority of these currently recognized tribes have already switched over to federal recognition.

Legitimacy and Fraud

It is important to note that not all groups claiming to be tribes are legitimate. Many are either fake or fraudulent organizations formed around clusters of families with Native American heritage. These groups often present themselves as descendants and apply for federal recognition. When denied, they often criticize the process as burdensome and unfair. This rhetoric has contributed to a general perception that the recognition process is unduly complex and unfair.

Impact and Conclusion

The recognition of Native American tribes by the U.S. government has significant implications for these communities. Being recognized can lead to access to resources, legal protection, and a sense of cultural identity. The differences in recognition status highlight the complex historical and present-day factors that influence tribal recognition.

As government authorities and citizens, it is important to understand the intricacies of this process to promote fairness and support genuine Native American tribes. The recognition process is not without its challenges, but it remains a crucial step in affirming the sovereignty and cultural heritage of these communities.