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]
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 (IACA),[6] members of state-recognized tribes may exhibit as identified "Native American" or "American Indian" artists. In addition to citizens of federally recognized tribes and tribally designated artisans, IACA says that members of "any Indian group that has been formally recognized as an Indian tribe by a State legislature or by a State commission or similar organization legislatively vested with State tribal recognition authority" can exhibition as a "Native American" or "American Indian" artist.[7]
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.[8]
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.[9] 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."[10]
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.[11]
Cherokee Tribe of Northeast Alabama (formerly Cherokees of Jackson County, Alabama).[4] Letter of Intent to Petition 09/23/1981;[13] certified letter returned "not known" 11/19/1997.
Cherokees of Southeast Alabama.[4] Letter of Intent to Petition 05/27/1988;[13] certified letter returned marked "deceased" 11/5/1997.
Ma-Chis Lower Creek Indian Tribe of Alabama.[4] Letter of Intent to Petition 06/27/1983. Declined to Acknowledge 08/18/1988 52 FR 34319,[4] Denied federal recognition.[13][14]
MOWA Band of Choctaw Indians.[4] Letter of Intent to Petition 05/27/1983. Final Determination to Decline to Acknowledge published 12/24/1997 62FR247:67398-67400; petitioner requested reconsideration from BIA 3/23/1998,[4] denied federal recognition;[14] decision effective 11/26/1999.[13]
Star Clan of Muscogee Creeks[4] (formerly Lower Creek Muscogee Tribe East, Star Clan, Southeastern Mvskoke Nation, and Yufala Star Clan of Lower Muscogee Creeks).
United Cherokee Ani-Yun-Wiya Nation[4] (formerly United Cherokee Intertribal). Letter of Intent to Petition 11/08/2001.[13]
Eastern Pequot Indians of Connecticut. Letter of Intent to Petition 06/28/1978;[13] Reconsidered final determination not to acknowledge became final and effective 10/14/2005 70 FR 60099.[13]
Paucatuck Eastern Pequot Indians of Connecticut. Letter of Intent to Petition 06/20/1989.[13] Reconsidered final determination not to acknowledge became final and effective 10/14/2005 70 FR 60099.[13]
Schaghticoke Tribal Nation.[4] Letter of Intent to Petition 9/27/2001.[13][16] Letter of Intent to Petition 12/14/1981; Declined to acknowledge in 2002; Reconsidered final determination not to acknowledge became final and effective 10/14/2005 70 FR 60101. Also known as the Schaghticoke Indian Tribe.[13]
Nanticoke Indian Association, Inc.[20] Letter of Intent to Petition 08/08/1978; requested petition be placed on hold 3/25/1989 of limited applicability.[21]
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.[22][23] In 2007, the state legislature formally recognized the following as American Indian tribes of Georgia:[24]
Georgia Tribe of Eastern Cherokees.[4] (I). Letter of Intent to Petition 01/09/1979;[13] last submission February 2002; ready for Acknowledge review. Unrecognized organizations with the same name as Georgia Tribe of Eastern Cherokees, Inc. (II) and (III) exist.
The Louisiana Office of Indian Affairs oversees state–tribal relations.[26] They maintain a list of federally and state-recognized tribes headquartered in Louisiana.[27]
Bayou Lafourche Band of Biloxi-Chitimache Confederation of Muskogees,[27] also Biloxi-Chitimacha Confederation of Muskogee,[4] Denham Springs, LA. Separated from United Houma Nation, Inc. Letter of Intent to Petition 10/24/1995.[13] Recognized by the State of Louisiana in 2005.[28]
Clifton-Choctaw,[4] also the Clifton Choctaw Tribe of Louisiana, Clinton, LA.[27] Recognized by the State of Louisiana in 1978.[28] Letter of Intent to Petition 03/22/1978.[13] Also known as Clifton Choctaw Reservation Inc.
Four Winds Tribe, Louisiana Cherokee Confederacy,[4] also the Four Winds Cherokees, Oakdale, LA.[27] Recognized by the State of Louisiana in 1997.[4][28]
Grand Caillou/Dulac Band,[4] also the Grand Caillou/Dulac Band of Biloxi Chitimacha Choctaw, Chauvin, LA.[27]
Isle de Jean Charles Band,[4] also the Jean Charles Choctaw Nation, Montegut, LA[27]
Louisiana Choctaw Tribe,[4] as the Louisiana Band of Choctaw, Ferriday, LA[27]
Natchitoches Tribe of Louisiana, Campti, LA[27] Recognized by the State of Louisiana in 2017 Regular Session, HR227.
United Houma Nation.[4] Recognized by the State of Louisiana in 1972.[28] Letter of Intent to Petition 07/10/1979; Proposed Finding 12/22/1994, 59 FR 6618.[13] Denied federal recognition.[29]
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,[30] historically part of the large Algonquian languages family along the Atlantic Coast. The Governor announced it to the Assembly by executive order.[30][31]
The Massachusetts Commission on Indian Affairs was created by a legislative act of the General Court of Massachusetts in 1974, to help tribes in the Commonwealth of Massachusetts receive assistance from various local and state agencies.[34][35]
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[36] and in the administration of the Massachusetts government.[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.[40]
Hassanamisco Nipmuc.[4] Letter of Intent to Petition 04/22/1980; Declined to acknowledge on 6/25/2004, 69 FR 35667.[41] The Hassanamisco Nipmuc Band is not protected by the Indian Arts and Crafts Act of 1990, which defines a state-recognized tribe as, "Any Indian group that has been formally recognized as an Indian tribe by a State legislature or by a State commission or similar organization legislatively vested with State tribal recognition authority."[42] The Hassanamisco Nipmuc Band was recognized by an Executive Order in 1976, and therefore does not meet the criteria for a state-recognized tribe as outlined in the Indian Arts and Crafts Act of 1990.[36][40] The Hassanamisco Nipmuc Band petitioned for federal acknowledgment in 1980. It was denied due to its failure to meet four of the seven mandatory criteria for federal acknowledgment, including descent from a historic Indian tribe.[41]
The state of Mississippi has offered congratulatory resolutionstounrecognized 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;[44] 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[15] and no state-recognized tribes.[4]
Lumbee Tribe of North Carolina.[12] Letter of Intent to Petition 01/07/1980; determined ineligible to petition (SOL opinion of 10/23/1989).[13] In 2009, Senate Indian Affairs Committee endorsed a bill that would grant federal recognition.[49]
Ohio has no office to manage Indian affairs[15] and no state-recognized tribes.[4]
United Remnant Band of the Shawnee Nation of Bellefontaine Ohio: In 1979 and 1980, the Ohio state legislature held hearings about state recognition of the United Remnant Band.[50] The band filed historical and genealogical documents with the state to support their claim of descent from the historical Shawnee.The Ohio General Assembly held hearings and heard testimony from numerous groups.[51] In 1980, the 113th Ohio General Assembly passed a "Joint Resolution to recognize the Shawnee Nation United Remnant Band", as adopted by the Ohio Senate, 113th General Assembly, Regular Session, Am. Sub. H.J.R. No. 8, 1979–1980.[52] This is a congratulatory resolution, and Ohio attorney general's office spokesperson Leo Jennings said: "The resolution has no force of law in the state Ohio.… It was basically a ceremonial resolution."[52]
South Carolina recognizes three entities: "state-recognized tribes", "state-recognized groups", and "special interest organizations."[53][54] As of 2023, South Carolina recognizes nine tribes that are not recognized by the federal government.[54]
Edisto Natchez Kusso Tribe of South Carolina.[54][4] State-recognized tribe in 2010.[55][57] Also known as Edisto Natchez-Kusso Indians (Four Holes Indian Organization).
Pee Dee Indian Nation of Upper South Carolina.[54][4] Letter of Intent to Petition 12/14/2005.[13] State-recognized tribe in 2005.[55][56][57]
Pee Dee Indian Tribe.[54] Letter of Intent to Petition 01/30/1995.[58] State recognized in 2006.[55] Formerly Pee Dee Indian Tribe of South Carolina (2005).[4] Formerly Pee Dee Indian Association (1978).[55]
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."[59] As of 2023, South Carolina recognizes four "state-recognized groups" and one "special interest organization."[54] They are: Chaloklowa Chickasaw Indian People;[60]Eastern Cherokee, Southern Iroquois, and United Tribes of South Carolina; Natchez Tribe of South Carolina;[61]
and the Pee Dee Indian Nation of Beaver Creek.[61] The special interest organization is the Pine Hill Indian Community Development Initiative.[54][62]
Texas has no office to manage Indian affairs[15] and no state-recognized tribes.[63] Texas had "no legal mechanism to recognize tribes."[64]
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"[65] and the Lipan Apache in 2019;[66] 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.[67] 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.[68][69]
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".
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.[15]
Virginia has the following state-recognized tribes:
Cheroenhaka (Nottoway) Indian Tribe.[4] Letter of Intent to Petition 12/30/2002.[13] Receipt of Petition 12/30/2002.[72] State-recognized 2010; in Courtland, Southampton County.[73] Letter of intent to file for federal recognition 2017. Currently a bill is being sponsored.
Mattaponi Indian Nation (a.k.a. Mattaponi Indian Reservation). Letter of Intent to Petition 04/04/1995. State-recognized 1983; in Banks of the Mattaponi River, King William County. The Mattaponi and Pamunkey have reservations based in colonial-era treaties ratified by the Commonwealth in 1658. Pamunkey Tribe's attorney told Congress in 1991 that the tribes state reservation originated in a treaty with the crown in the 17th century and has been occupied by Pamunkey since that time under strict requirements and following the treaty obligation to provide to the Crown a deer every year, and they've done that (replacing Crown with Governor of Commonwealth since Virginia became a Commonwealth).
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.
^ abConnecticut Law on Indian Tribes (2007-R-0475). Christopher Reinhart, Senior Attorney, on behalf of State of Connecticut General Assembly (Accessible as of July 15, 2014 here).
^ abcd"Michigan Historic Tribes"(PDF). State of Michigan Community Services Block Grant. State Plan from Fiscal Years 2015–2016. Michigan Department of Human Services. 1 July 2014. p. 67. Retrieved 25 June 2015.
^"MS HR50, 2016". LegiScan. 15 March 2016. Retrieved 27 May 2022.
^Filby, Max; King, Danae (9 October 2023). "What does it mean to be a Native American tribe? In Ohio, the answer is complicated". The Columbus Dispatch. Archived from the original on 27 November 2023. Retrieved 12 January 2024. She now considers herself to be a tribal elder with the East of the River Shawnee, a non-federally recognized group that broke off from the United Remnant Band of Shawnee years ago.
^"American Indians in Ohio", Ohio Memory: An Online Scrapbook of Ohio History. The Ohio Historical Society, retrieved October 10, 2006[dead link]
Koenig, Alexa and Jonathan Stein (2008). Federalism and the State Recognition of Native American Tribes: A survey of State-Recognized Tribes and State Recognition Processes Across the United States. University of Santa Clara Law Review, Vol. 48.
Sheffield, Gail (1998). Arbitrary Indian: The Indian Arts and Crafts Act of 1990. Norman: University of Oklahoma Press. ISBN0-8061-2969-7.
Miller, Mark Edwin. Forgotten Tribes: Unrecognized Indians and the Federal Acknowledgment Process. Lincoln: University of Nebraska Press, 2004. Discusses the state recognition process, the experiences of several state-recognized tribes (the United Houma Nation of Louisiana, and the Tigua/Pueblo of Ysleta Del Sur and Alabama-Coushatta Tribes of Texas- the latter two are federally recognized), and the problems of non-federally acknowledged indigenous communities.
Bates, Denise. The Other Movement: Indian Rights and Civil Rights in the Deep South. Tuscaloosa: University of Alabama Press, 2011. Details state recognition and the functioning of state Indian commissions in Alabama and Louisiana.
