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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.
Such state recognition has at times been opposed by federally recognized tribes. For instance, the Cherokee Nation opposes state-recognized tribes, as well as Cherokee heritage groups and others with no documented descent who claim Cherokee identity. [2]
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. [3] According to the National Conference of State Legislatures, only 14 states recognize tribes at the state level by 2017. [4]
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. [5] 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.
Under the United States Indian Arts and Crafts Act of 1990, [6] members of state-recognized tribes are authorized to exhibit as identified Native American artists, as are members of federally recognized tribes.
Other federal Indian legislation does not apply to state-recognized tribes. For example, the Indian Child Welfare Act of 1978 does not apply to these organizations. [7]
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. [8] Statutes that clearly identify criteria for recognition or that explicitly recognize certain tribes remove ambiguity from their status. [3]
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." [9]
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. [10]
Arkansas has no office to manage Indian affairs [14] and no state-recognized tribes. [4]
Florida has an office to manage Indian affairs: Florida Governor's Council on Indian Affairs, Inc. [14]
Florida has no state-recognized tribes. [4]
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. [21] [22] In 2007, the state legislature formally recognized the following as American Indian tribes of Georgia: [23]
Illinois has no office to manage Indian affairs [14] and no state-recognized tribes. [4]
Kansas has an office to manage Indian affairs: the Joint Committee on State-Tribal Relations. [14]
Kansas has no state-recognized tribes. [4]
The Louisiana Office of Indian Affairs oversees state–tribal relations. [25] They maintain a list of federally and state-recognized tribes headquartered in Louisiana. [26]
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, [29] historically part of the large Algonquian languages family along the Atlantic Coast. The Governor announced it to the Assembly by executive order. [29] [30]
The Massachusetts Commission on Indian Affairs was created by a legislative act of the General Court of Massachusetts in 1974, with the purpose of helping tribes in the Commonwealth of Massachusetts receive assistance from various local and state agencies. [33] In 1976, Governor Michael Dukakis issued Executive Order 126, which clarified the responsibilities of the Massachusetts Commission on Indian Affairs and identified three historic tribes in the Commonwealth - the Wampanoag Tribe of Gay Head, the Mashpee Wampanoag Tribe and the Hassanamisco Nipmuc. [34] The Wampanoag Tribe of Gay Head and the Mashpee Wampanoag Tribe [35] have federal recognition as of 1987 and 2007, respectively. [36] [37]
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. [34] 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. [38]
As of 2014, Michigan has four State-recognized tribes.
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; [42] 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 [14] and no state-recognized tribes. [4]
Missouri has no office to manage Indian affairs [14] and no state-recognized tribes. [4]
Montana has the Montana Office of Indian Affairs [14] but has no state-recognized tribes. [4]
New Hampshire has the New Hampshire State Commission on Native American Affairs [14] but no state-recognized tribes. [4]
Ohio has no office to manage Indian affairs [14] and no state-recognized tribes. [4]
Pennsylvania has no office to manage Indian affairs [14] and no state-recognized tribes. [4]
Rhode Island has no office to manage Indian affairs [14] and no state-recognized tribes. [4]
South Carolina recognizes three entities: "state-recognized tribes", "state-recognized groups", and "special interest organizations." [48] [49] As of 2023, South Carolina recognizes nine tribes that are not recognized by the federal government. [49]
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." [54] As of 2023, South Carolina recognizes four "state-recognized groups" and one "special interest organization." [49] They are: Chaloklowa Chickasaw Indian People; [55] Eastern Cherokee, Southern Iroquois, and United Tribes of South Carolina; Natchez Tribe of South Carolina; [56] and the Pee Dee Indian Nation of Beaver Creek. [56] The special interest organization is the Pine Hill Indian Community Development Initiative. [49] [57]
Texas has no office to manage Indian affairs [14] and no state-recognized tribes. [58] Texas had "no legal mechanism to recognize tribes." [59]
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" [60] and the Lipan Apache in 2019; [61] however, this isn't 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. [62] 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. [63] [64]
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. [14]
Virginia has the following state-recognized tribes:
Washington has not formally recognized any tribes by statute. 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 [14] and no state-recognized tribes. [4]
Connecticut statutes recognize five tribes: (1) Golden Hill Paugussett, (2) Mashantucket Pequot, (3) Mohegan, (4) Eastern Pequot, and (5) Schaghticoke tribe.
The Chickasaw are an Indigenous people of the Southeastern Woodlands, United States. Their traditional territory was in northern Mississippi, northwestern and northern Alabama, western Tennessee and southwestern Kentucky. Their language is classified as a member of the Muskogean language family. In the present day, they are organized as the federally recognized Chickasaw Nation.
The term Five Civilized Tribes was applied by the United States government in the early federal period of the history of the United States to the five major Native American nations in the Southeast: the Cherokee, Chickasaw, Choctaw, Muscogee (Creek), and Seminoles. White Americans classified them as "civilized" because they had adopted attributes of the Anglo-American culture.
The Houma are a historic Native American people of Louisiana on the east side of the Red River of the South. Their descendants, the Houma people or the United Houma Nation, have been recognized by the state as a tribe since 1972, but are not recognized by the federal government.
Indigenous peoples of the Southeastern Woodlands, Southeastern cultures, or Southeast Indians are an ethnographic classification for Native Americans who have traditionally inhabited the area now part of the Southeastern United States and the northeastern border of Mexico, that share common cultural traits. This classification is a part of the Eastern Woodlands. The concept of a southeastern cultural region was developed by anthropologists, beginning with Otis Mason and Franz Boas in 1887. The boundaries of the region are defined more by shared cultural traits than by geographic distinctions. Because the cultures gradually instead of abruptly shift into Plains, Prairie, or Northeastern Woodlands cultures, scholars do not always agree on the exact limits of the Southeastern Woodland culture region. Shawnee, Powhatan, Waco, Tawakoni, Tonkawa, Karankawa, Quapaw, and Mosopelea are usually seen as marginally southeastern and their traditional lands represent the borders of the cultural region.
The United Keetoowah Band of Cherokee Indians in Oklahoma is a federally recognized tribe of Cherokee Native Americans headquartered in Tahlequah, Oklahoma. According to the UKB website, its members are mostly descendants of "Old Settlers" or "Western Cherokee," those Cherokee who migrated from the Southeast to present-day Arkansas and Oklahoma around 1817. Some reports estimate that Old Settlers began migrating west by 1800, before the forced relocation of Cherokee by the United States in the late 1830s under the Indian Removal Act.
The Occaneechi Band of the Saponi Nation is a state-recognized tribe in North Carolina.
The Mississippi Band of Choctaw Indians is one of three federally recognized tribes of Choctaw people, and the only one in the state of Mississippi. On April 20, 1945, this tribe organized under the Indian Reorganization Act of 1934. Their reservation included lands in Neshoba, Leake, Newton, Scott, Jones, Attala, Kemper, and Winston counties. The Mississippi Choctaw regained stewardship of their mother mound, Nanih Waiya mounds and cave in 2008. The Mississippi Band of Choctaw have declared August 18 as a tribal holiday to celebrate their regaining control of the sacred site. The other two Choctaw groups are the Choctaw Nation of Oklahoma, the third largest tribe in the United States, and the Jena Band of Choctaw Indians, located in Louisiana.
The Chaubunagungamaug Reservation refers to the small parcel of land located in the town of Thompson, Connecticut, close to the border with the town of Webster, Massachusetts, and within the bounds of Lake Chaubunagungamaug to the east and the French River to the west. The reservation is used by the descendants of the Nipmuck Indians of the previous reservation, c. 1682–1869, that existed in the same area, who now identify as the Webster/Dudley Band of the Chaubunagungamaug Nipmuck. Together with the Hassanamisco Nipmuc, both have received state recognition under the Massachusetts Commission on Indian Affairs.
Cherokee heritage groups are associations, societies and other organizations located primarily in the United States. Such groups consist of persons who do not qualify for enrollment in any of the three federally recognized Cherokee tribes. As the Cherokee Nation enrolls all people who can prove descent from a Cherokee ancestor, many of these groups consist of those who claim Cherokee ancestry but have no documentation to prove this alleged heritage. Some have had their claims of ancestry checked and proven to be false. A total of 819,105 Americans claimed Cherokee heritage in the 2010 Census, more than any other named tribe in the Census.
Native American recognition in the United States, for tribes, usually means being recognized by the United States federal government as a community of Indigenous people that has been in continual existence since prior to European contact, and which has a sovereign, government-to-government relationship with the Federal government of the United States. In the United States, the Native American tribe is a fundamental unit of sovereign tribal government. This recognition comes with various rights and responsibilities. The United States recognizes the right of these tribes to self-government and supports their tribal sovereignty and self-determination. These tribes possess the right to establish the legal requirements for membership. They may form their own government, enforce laws, tax, license and regulate activities, zone, and exclude people from tribal territories. Limitations on tribal powers of self-government include the same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money.
The MOWA Band of Choctaw Indians is a state-recognized tribe, located in southwest Alabama, with a population largely based in southern Washington County and some membership in northern Mobile County.
The Jena Band of Choctaw Indians are one of three federally recognized Choctaw tribes in the United States. They are based in La Salle, Catahoula, and Grant parishes in the U.S. state of Louisiana. The Jena Band received federal recognition in 1995 and has a reservation in Grant Parish. Their headquarters are at Jena, Louisiana. Tribal membership totals 327.
The Yowani were a historical group of Choctaw people who lived in Texas. Yowani was also the name of a preremoval Choctaw village.
The Northern Cherokee Nation of the Old Louisiana Territory is a 501(c)(3) nonprofit organization of individuals who self-identify as Cherokee but are not state or federally recognized as a Native American tribe or government. The headquarters for the NCNOLT is in Columbia, Missouri.
The Echota Cherokee Tribe of Alabama is a state-recognized tribe in Alabama and Cherokee heritage group. It is based in northern Alabama and gained state-recognition under the Davis-Strong Act in 1984.
Alabama Indian Affairs Commission (AIAC) was created by a legislative act in 1984 and represents more than 38,000 American Indian families who are residents of the U.S. state of Alabama.
The Cherokee Tribe of Northeast Alabama (CTNEAL), formerly the Cherokees of Jackson County, is a state-recognized tribe in Alabama. They have about 3,000 members. The tribe has a representative on the Alabama Indian Affairs Commission and the Inter-Tribal Council of Alabama. They are not federally recognized as a Native American tribe.
The Coharie Intra-tribal Council, Inc. is a state-recognized tribe in North Carolina. The headquarters are in Clinton, North Carolina.
The Talimali Band of Apalachee Indians is one of several cultural heritage organizations of individuals who identify as descendants of the Apalachee people. The historical Apalachee were a Muskogean language–speaking tribe who lived at the Florida-Georgia border north of the Gulf of Mexico until the beginning of the 18th century.