Indian recognition of non-recognized tribes

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Indian recognition of non-recognized tribes

By Editors note

Story Published: Oct 3, 2008

Story Updated: Oct 3, 2008

Federally recognized tribes have not been as supportive of the federal recognition of new tribal communities as they perhaps could. The primary case is lack of support for Lumbee recognition efforts. The Lumbee have for many years sought full federal recognition, but achieved recognition with no benefits from the BIA. While many tribal communities may be favorable toward the federal recognition of currently non-recognized tribes, there is often lack of political support from many tribes for recognition.

As many as 300 communities have applied for recognition with the Office of Federal Acknowledgment. The tribal recognition came to national legislative attention during the early 1970s, when the Senate Committee on Indian Affairs published about a dozen volumes of research and recommendations to strengthen tribal self-determination policy. One volume suggested that hundreds of Indian communities in the United States remained unrecognized by the federal government, and recommended that the BIA establish procedures for tribal recognition. These recommendations were passed into law in the late 1970s; since then, the BIA has been in the business of soliciting and judging evidence from tribal communities seeking federal recognition.

Federally recognized tribal communities often are non-supportive of the recognition efforts of tribal communities in part because they see the recognition of additional tribal communities as taking a share of currently inadequate and probably dwindling federal financial support from the federal government. While in recent years there has been considerable attention given to economic development and casino income, most tribal communities remain largely dependent on federal funds. Economic development and gaming successes are distributed unevenly throughout Indian country. Federal recognition of more tribal communities implies fewer federal financial resources for many tribes that most need federal financial programs and support.
Federal recognition of more tribal communities implies fewer federal financial resources for many tribes that most need federal financial programs and support.


Further complicating the recognition process in recent years is the fear of competition from the gaming rights and locations of newly recognized tribal communities. Tribes see some well-located tribal communities as potential threats to their own gaming enterprises. Furthermore, when tribes such as the Passamaquoddy sought land and federal recognition, state governments sought to limit the possibilities of Indian gaming. States like Maine and Massachusetts have not been willing to grant newly federally recognized tribes rights to engage in gaming, thereby depriving those communities from their most lucrative economic opportunity to climb out of centuries of economic poverty and deprivation.

Tribes can gain federal recognition through acts of Congress, but such processes are increasingly subject to strong state control over the rights to gaming or outright prohibitions against gaming for newly recognized tribal communities. Even when a tribal community can manage to get recognized through the OFA process or through legislative act, there is considerable pressure to restrict tribal sovereignty in ways that other federally recognized communities are not subject.

It is often now assumed that communities seeking federal recognition are largely after gaming revenues, even though many have been working on recognition efforts long before the Indian Gaming Regulatory Act of 1988. Gaming is a right of self-government and should be available to tribal communities who demonstrate their tribal history and heritage. States and the federal government have a public interest in Indian gaming activities, and IGRA and the National Indian Gaming Commission are assigned the task of mediation and regulation. Like federally recognized tribes, newly recognized tribes should also have the right to comply with federal statutes like IGRA, and not suffer specific legislative acts or agreements that inhibit the exercise of tribal government powers that prohibit or otherwise restrict gaming rights

The OFA has the task of determining whether non-recognized tribal communities seeking recognition should be granted recognition. The BIA has created a set of criteria that petitioning unrecognized tribes must meet by submitting legal, historical and genealogical evidence of the following: distinct Indian community, external recognition, continuity of community culture, political leadership, continuity of political influence and lineal descent from Indian tribal members. OFA sees its task as one of ensuring that only deserving tribal communities that have preserved their identity through thick or thin over the past several centuries, regardless of unfavorable political, economic and policy conditions, are recognized.

Meeting the recognition criteria is difficult, but the process excludes undeserving groups such as New Agers who claim to take up Indian spiritual beliefs and understanding. The criteria, however, are difficult enough to inhibit and prevent recognition of many tribal communities who have suffered through land dispossession, assimilation policies, and the absence of consistent federal relations or trust responsibility. Tribal communities that have presented their petitions to OFA often are placed on a waiting list that suggests their case will not be considered for as long as 20 years into the future.

Non-recognized tribes will remain saddled with difficult and cumbersome recognition procedures, but that burden could be somewhat relieved with greater collective and individual attention from the national tribal organizations. Ensuring that deserving federally non-recognized tribal communities gain recognition should be a primary goal for Indian country. While the financial incentives of the federal relations inhibit tribal support for more tribally recognized communities, Indian communities should not bow to these material constraints, and recognize the cultural diversity and political sovereignty of all tribal communities.

Sunday, Oct 26 at 3:00 PM Lumbee Pride wrote ...

The Lumbee can trace their heritage to the Cheraw and the Tuscarora. During the Lewis and Clark expedition, they wrote of a tribe of blue-eyed indians along the Lumber river (Lumbee), and the lost colony of Roanoke is said to have been taken in by this tribe. They are being harmed for being a gentle and king people. Full federal recognition is long over-due. From the original Indian school, to the Pembroke University, the Lumbee have held their heritage high and proud.

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Monday, Oct 20 at 2:30 PM Anonymous wrote ...

The Lumbee was indeed a tribe pre contact but their name was not Lumbee. They were called Indians of Robeson County, the Cheraw Indians, the Blackwater People, etc. They were offically named Lumbee in 1950s.

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Saturday, Oct 18 at 4:20 PM Wambli wrote ...

Let, it be known throughout all generations that Wambli (The Real Wambli) recognizes every non-empire tribe around this great beautiful Mother that we call, Planet Earth! Peace and Power to the People!

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Thursday, Oct 16 at 3:47 AM sid1892 wrote ...

I for one will not condone acts of prejudice of one race to another, but from what I read it sounds like we as native people of this country would condone it against each other trying to prove the other is not native using some other races criteria as a base line so as to keep what scraps of garbage flowing to the real indians that they can. Amazing were we have traveled to and who we have followed what would your ancestors say. oops! sorry can you prove your ancestors blood quantum first?

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Tuesday, Oct 14 at 4:55 PM Jo wrote ...

This underscores the divisions within the NA communities about who is allowed to become a federally-recognized Indian and why. The Lumbee are the classic example--some commentors make the argument that blood quantum determines how "Indian" you are, but then champion culture as the defining element. What if you have one and not the other? What if you have both but you're not federally recognized? The fed govt has standardized criteria for such decisions, but should we restrict our minds also?

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Monday, Oct 13 at 8:13 PM John wrote ...

The current recognition process has the benefit to weed out newly formed groups of people who claim have Native ancestry, of which there are many. Several of the Virginia tribes fit this category, but you would never hear this in the news. The people may have Native ancestry, but just because they use old tribal names doesn't mean they have existed as a tribe for any significant length of time.

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Monday, Oct 13 at 4:15 AM Lucyinct wrote ...

I don't know what the rules or laws are as to what constitutes a native or idigenous tribe, but I do know over the years, I've met many groups(bands)and individuals who have told me they do not qualify because of some kind of list from the 1800's, that disqualified them because they weren't on it. And many are clearly at half if not full blooded NA.Some are the last of their tribe. It is a shame that their isn't a way these people could be grouped together,for lack of a tribe.To get Fed. help.

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Sunday, Oct 12 at 10:16 PM Star Song wrote ...

Maybe if the Lumbee were an actual tribe pre contact, it would be easier to take them seriously. But there was no such thing as a Lumbee indiginous tribe pre contact. If the Lumbees would do some REAL research and find out who they really are, which is Native, just not a made up name like Lumbee. The issue is very deep, but they need to find out who exactly they are first...

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Thursday, Oct 9 at 10:40 AM Question Everything wrote ...

I have a friend who has tribal membership card who is blond, very white skin and blue eyes. Now, when you look at her you wouldn't believe that she is an enrolled member. She has no connection to her tribe and neither does her son who is also enrolled. Blood quantum does not make one a tribal member as blood quantum levels are not the same for all tribes.

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Tuesday, Oct 7 at 3:21 PM atta wrote ...

I think the editor brought up some very valid points but missed the most pivotal concern having to do with non-reconigznied Tribes, blood quantum! There, I've said it! Lets face it all these so called new Tribes do not have a blood quantum and all you have to have is some distant relative who may or may not have been an Indian. In essence these new Tribes are basically white and have no real culture but what they read in books or what they make up. And yes I do resent this!

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Saturday, Oct 4 at 7:23 PM allen heart wrote ...

Federal revenue is about 8x the publicized budget because of government investments. Gov’t is the largest investor in the stock market and since gov’t is a creator of change, the fund managers are privy to insider information not available to private investors. There are many pies in the federal treasury that are kept in a second set of books once-called the Comprehensive Annual Financial Report. http://www.real-debt-elimination.com/tax_freedom/behind_the_stock_market_illusion.htm

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Saturday, Oct 4 at 2:44 PM True Native wrote ...

All Tribes should be recognized by the same process. State-recognition is unconstitutional and improper. Before everyone starts feeling sorry for groups of people searching for identities which may or may not exist, look to our own Tribal communities who need attention and are legitimate. Visit http://taskforce.cherokee.org where one group is finally standing up for real Tribes!

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Saturday, Oct 4 at 9:55 AM J. Cedric Woods wrote ...

The editor's note is timely. Several recognition bills have most likely died for this legislative session, including the Lumbee bill and Virginia Indian recognition bill. The other tribe who shared a similar status as the Lumbee, the Tigua of Texas, had their ambiguous status resolved by an act of Congress. My tribe is looking for the same,resolution of a termination era bill by the entity that created it.

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Friday, Oct 3 at 4:05 PM The Searcher wrote ...

Thank you for publishing this article. I am from a tribe in North Carolina not currently recognized by the BIA. However, my tribe receives federal housing dollars and has been a member of the National Congress of American Indians since the 1960s. From my dealings at NCAI I feel that the federally recognized Indians hold almost an elistist view of themselves and tend to belittle the non-federally recognized tribes. Since gaming these sentiments have only increased.

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Friday, Oct 3 at 2:44 PM Grame wrote ...

The Lumbee Tribe was federally recognized as an Indian Tribe in 1956, but without the benefits. If any other group of people were treated in the same manner as the Lumbee, they probably would be before the UN detailing the injustice bestowed upon an indigenous group in the US. Not only do we know we been wronged, but it is also known and documented by several prominent leaders in the US Congress as well. It's a handful of tribes at most with powerful lobbyist that are keeping us down.

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