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Home > Tribal Law > Concepts > Federal Recognition
Overview
When dealing with official entities such as the federal government and state governments, being an "official" Indian tribe is important as it defines with whom government-government relations are to occur. To this end, the US government has defined formal relationships with over 550 Indian tribes, bands, and nations in the lower 48 states, along with 223 Alaskan Native villages.

Federal recognition defines the long-standing legal relationship between tribes and the US government. Through the Department of the Interior, the Bureau of Indian Affairs (BIA) is the federal agency which administers programs, monies, health service, and other reciprocal trust benefits for federally recognized tribes and for members of those tribes. When Congress makes laws regarding Indian tribes, they affect federally recognized tribes, including members. Similarly, decisions handed down by the judiciary and the Supreme Court in the area of Indian Law affect federally recognized tribes and their members.

Historically, federal recognition has long been a thorn in Indian-US relations, leaving many tribes in effect, "nationless," without a way to establish formally a centralized government, hold a land base, receive benefits, advocate politically, and develop economic and social programs, all of which would help repair the damage lack of federal recognition has on a community. Without their recent federal recognition, tribes such as the Mashantucket Pequot Tribal Nation and the Mohegan Tribe, both of Connecticut, would not enjoy the financial success they have today.

Additionally, the recognition of official tribal governments has often involved usurpation of traditional methods of government and authority by the US government itself. Installation of "puppet" tribal councils by the BIA and the meddling into the sovereign affairs of tribal nations has resulted in the creation or deepening of divisions between segments of particular tribal populations, such as the Hopi of Arizona, the Oglala Lakota (Pine Ridge) of South Dakota, and the Nez Perce and Coeur D'Alene of Idaho.

Today, there are many tribes which are state recognized, but these tribes lack the same legal standing on the federal level. Various tribal groups continue to make efforts to receive federal recognition. Some of the most notable in their fight for federal recognition include the Mashpee / Wampanoag of Massachusetts and the Lumbee of North Carolina.

Defining a tribe as extinct, non-existent, or otherwise diminished has also been a deliberate practice of the US government, most recently through a federal policy known as termination.

Primary Materials
BIA FAQ: Federal Recognition
The official explanation of a federally recognized tribe, in relation to the BIA.

Real Audio from Native America Calling
Native America Calling 10/6/99: The Indian Land Wars
10/4/99: Cashing In on Federal Recognition

Websites
Federal Recognition
What is federal recognition? Why is it important? How does one become federally recognized? These questions are answered for you at the Paucatuck Eastern Pequot site.
Federally Recognized Tribes
Current listing of federally recognized tribes in the US and Alaska.
Non-Federally Recognized Tribes
Listing of non-federally recognized tribes.
 

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