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State-recognized tribes in the United States are Native American tribes or heritage groups that do not meet the criteria for federally recognized Indian tribes but have been recognized by state government through laws, governor's executive orders, joint or concurrent resolutions by house and senate, or state commissions legally granted the power to recognize tribes for varying purposes.
Individual states confer state-recognition for various purposes. [1] State recognition confers few benefits under federal law; it is not the same as federal recognition. 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. 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.
Non-recognized tribes is a term for "groups that have no federal designation and are not accepted as sovereign entities under U.S. law," which includes state-recognized tribes. Within this category are "federally non-recognized" tribes, which includes tribes that were previously recognized by the federal government or other governments that preceded the U.S., and tribes that no longer meet the criteria for federal recognition. [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.
Some federally recognized tribes, such as the Cherokee Nation, have opposed state recognition, either in the case of individual tribes or as a whole. [3] [4]
Most state-recognized tribes are located in the Eastern United States, including the three 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. [5] [6] [7]
Sources disagree on how many states have state-recognized tribes. No government agency or nonprofit organization tracks the total of state-recognized tribes in the United States. [8] In late 2007, about 16 states had recognized 62 tribes. [9] According to the National Conference of State Legislatures, only 13 states recognized tribes at the state level in 2022. [10] Likewise in 2022, the Reference Encyclopedia of the American Indian reported that there were 66 state-recognized tribes among 13 states, which includes 8 tribes that are also federally recognised (7 in Virginia and 1 in New York). [11]
As of 2024 [update] , the Native Nations Institute of the University of Arizona lists 15 states as having state-recognized tribes. [12] In 2025, journalist Bill Donahue wrote in Boston's City Life that more than 100 organizations are state-recognized as tribes. [8]
State recognition can vary in meaning and impact, from granting a tribe legitimacy within the state to simply recognizing its existence as a state might recognize a business. [13] According to Alexa Koenig and Jonathan Stein, state recognition may serve "as a means for states to acknowledge the longstanding existence of tribes within their borders and to establish a government-to-government relationship to coordinate and communicate with tribes". [14]
Processes for state-recognition of tribes include state legislation, executive orders by a state governor, joint or concurrent declaration by the house and senate, or recognition by state commissions vested with the authority to recognize tribes. [15] [16] 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. [17] Statutes that clearly identify criteria for recognition or that explicitly recognize certain tribes remove ambiguity from their status. [9] While many organizations assert that congratulatory resolutions constitute recognition as a Native American tribe by a state, such resolutions are considered statements of opinion that lack the force of law, unlike bills. [18] [ better source needed ]
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. [19] 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.
Four federal agencies have the authority to confer benefits to state-recognized tribes: the Department of Health and Human Services, the Department of Labor, the Department of Education, and the Department of Housing and Urban Development. [20] State-recognized tribes also participate in the programs of the Small Business Administration (SBA), an independent agency of the US federal government, [21] and there is a rebuttable presumption that members of state-recognized tribes are "socially disadvantaged" for the purposes of the SBA's 8(a) Business Development program. [22]
Under the United States Indian Arts and Crafts Act of 1990 (IACA), [23] members of certain 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 exhibit or sell art as a "Native American" or "American Indian" artist. [24]
The Administration for Native Americans, a program office within the Department of Health and Human Services, may confer benefits to state-recognized tribes under the Native American Programs Act (NAPA). [25] Members of state-recognized tribes are unable to access support from the Indian Health Service, and may have additional healthcare needs as a result. [26]
The Native American Graves Protection and Repatriation Act (NAGPRA) does not require the federal government or museums to consult with state-recognized tribes. State-recognized tribes may request the repatriation of cultural items or human remains only in cooperation with federally recognized tribes. [27] Other federal Indian legislation does not apply to state-recognized tribes. For example, Indian Preference in hiring [28] and the Indian Child Welfare Act of 1978 do not apply to these organizations. [29]
Some federally-recognized tribes object to state recognition. [30] [4] Journalists Adam Elmahrek and Paul Pringle wrote, "Many Native Americans have long opposed allowing states to recognize tribes, arguing that the federal government should make the decision because states often fail to properly screen groups." [3] The Cherokee Nation opposes state-recognized tribes, as well as Cherokee heritage groups and others with no documented descent who claim Cherokee identity. [4]
August Joseph Darbonne suggests that state-recognized tribes are underrepresented in research and have been "accused of claiming fraudulent Native American identity to gain access to state benefits and programs". He also says that the "limited representation of state-recognized tribes contributes to negative stereotypes against Native Americans". [30] In an address to the Alliance for Colonial Era Tribes, Professor Patty Ferguson Bohnee and Blair Tarman argued that tribal sovereignty should not be tied to federal recognition, since this is based on the needs of colonial rather than tribal governments, and undermines the inherent rights of all tribes. [31]
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 does include 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. [32]
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. [42] [43] In 2007, the state legislature formally recognized the following as American Indian tribes of Georgia: [44]
The Louisiana Office of Indian Affairs oversees state–tribal relations. [46] They maintain a list of federally and state-recognized tribes headquartered in Louisiana. [47]
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, [50] historically part of the large Algonquian languages family along the Atlantic Coast. The Governor announced it to the Assembly by executive order. [50] [51]
The Massachusetts Commission on Indian Affairs was created by a legislative act of the General Court of Massachusetts in 1974, to advise the Commonwealth on how best to establish positive relationships with its Indigenous Tribes. [54] [55]
In 1976, Governor Michael Dukakis issued Executive Order 126, which clarified the responsibilities of the Massachusetts Commission on Indian Affairs and identified three historic and continuous tribes in the Commonwealth: the Wampanoag Tribe of Gay Head, the Mashpee Wampanoag Tribe and the Hassanamisco Nipmuc. [56] The Wampanoag Tribe of Gay Head and the Mashpee Wampanoag Tribe [57] have federal recognition as of 1987 and 2007, respectively. [58] [59]
On November 19, 2024, Governor Maura Healey issued Executive Order No. 637, which recognized the Herring Pond Wampanoag Tribe alongside the Mashpee Wampanoag Tribe, the Wampanoag Tribe of Gay Head, and the Hassanamisco Nipmuc Tribe. The order also recognized Tribal Council of the Herring Pond as its governing body, all in accordance with Dukakis' Executive Order No. 126, for all relevant purposes. [60] [61] [62]
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 [56] and in the administration of the Massachusetts government. [63] 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. [64]
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; [67] 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 [68] and no state-recognized tribes. [10] [12]
Ohio has no office to manage Indian affairs [68] and no state-recognized tribes. [10]
In 1979 and 1980, the Ohio state legislature held hearings about state recognition of the United Remnant Band of the Shawnee Nation of Bellefontaine Ohio. [75] 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. [76] 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. [77] 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." [77]
South Carolina recognizes three entities: "state-recognized tribes", "state-recognized groups", and "special interest organizations." [78] [79] As of 2025, South Carolina recognizes ten tribes that are not recognized by the federal government. [79]
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." [84] As of 2023, South Carolina recognizes three "state-recognized groups" and one "special interest organization." [79] They are: Chaloklowa Chickasaw Indian People; [85] Natchez Tribe of South Carolina; [86] and the Pee Dee Indian Nation of Beaver Creek. [86] The special interest organization is the Pine Hill Indian Community Development Initiative. [79] [87]
From 1965 until its abolition in 1989, Texas maintained the Texas Indian Commission as the state office responsible for relations with the Alabama‑Coushatta, Tigua, and Kickapoo tribes. [88] [89] [90] After the commission was abolished on 1 September 1989, Texas did not create a replacement Indian‑affairs agency or a codified administrative procedure for state recognition of additional tribes. [91] [92]
In the absence of a standing commission, Texas has issued resolutions to congratulate certain tribal entities but these have stopped short of recognizing them as sovereign governments. [93] In practice, Texas has relied on legislative and executive practice to identify certain Native communities as state‑recognized tribal entities for various purposes, such as consultation, education and program-planning. [94] [95] [96] For example, the State of Texas 2022–2025 STOP Violence Against Women Act Implementation Plan, issued by the Office of the Governor, refers to the Lipan Apache and the Texas Band of Yaqui Indians as "state recognized" tribes, stating that the latter "became a state recognized tribe in 2015". [95] A 2024–2025 consultation summary by the U.S. Department of the Interior regarding the Safeguard Tribal Objects of Patrimony (STOP) Act also describes the Texas Band of Yaqui Indians as a "state‑recognized" tribe, while Texas Tech University refers to both as state‑recognized. [96] [97]
Several bills to establish or formalize state‑recognized tribes in Texas, including measures concerning the Lipan Apache Tribe of Texas and Tap Pilam Coahuiltecan Nation, have been introduced but not enacted. [98] [99] [100] A bill recognizing the Texas Band of Yacqui Indians has currently cleared the House and passed to the Senate for reading. [101]
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. [68]
Virginia has the following state-recognized tribes:
Washington has not formally recognized any tribes by statute. [12] However, the state or preceding territorial government has been a party to treaties involving a number of tribes that are not federally recognized.[ citation needed ]
There are more than 32,000 members across the state ...
The six parishes where most of the 19,000-member tribe now lives line the Gulf of Mexico...
The Lumbees are the largest tribe east of the Mississippi and the ninth largest in the country, with 55,000 members.
We have categorized states' widely varying approaches to recognition into four groups: 1) State Law; 2) Administrative; 3) Legislative; and 4) Executive.
There are four main methods of obtaining state recognition: state law recognition, administrative recognition, legislative recognition, and executive recognition.
The modern concept of federal acknowledgement inadvertently perpetuates colonial policies by allowing the government to define the scope of a tribe's sovereignty. It operates as a threshold inquiry and places non-BIA listed tribes at the mercy of a government that formalized definitions with the primary goal of eliminating tribal authority all together.
Connecticut statutes recognize five tribes: (1) Golden Hill Paugussett, (2) Mashantucket Pequot, (3) Mohegan, (4) Eastern Pequot, and (5) Schaghticoke tribe.
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.
Lipan Apache – The Lipan Apache are a "state recognized" tribe…. Yaqui – The Texas Band of Yaqui Indians are headquartered in Lubbock… and became a state recognized tribe in 2015.