IG10038 — Federal Recognition of Indian Tribes: The Administrative Process

/ Federal Recognition of Indian Tribes: The Administrative Process Federal recognition (sometimes called federal acknowledgment) is a term of art formalizing a relationship between the United States and a recognized Indian Tribe, through which the Tribe becomes “eligible for the special programs and services provided by the United States to Indians because of their status as Indians.” 1 Federal recognition engenders certain rights and protections for the recognized Tribe. There are currently 574 federally recognized Tribes.2 Under current federal law,3 a group of Indians may obtain federal recognition in three ways: Executive Administrative Process Legislative Act of Congress Judicial Court Decision The judicial route is now considered generally inaccessible, with courts deferring to executive and legislative determinations.4 Indian Tribal Entities Federally Recognized, Restored, or Reaffirmed Since 1960 Number of entities recognized Tribes Acknowledged Through the 25 C.F.R. Part 83 Administrative Process Grand Traverse Band of Ottawa & Chippewa Indians Michigan - Aug. 2, 1980 Jamestown Clallam Tribe Feb. 10, 1981- Washington Tunica-Biloxi Indian Tribe Louisiana - Sept. 25, 1981 Death Valley Timbi Sha Shoshone Band Jan. 3, 1983 – California Narragansett Indian Tribe Rhode Island - Apr. 11, 1983 Poarch Band of Creeks Aug. 10, 1984 – Alabama San Juan Southern Paiute Tribe Arizona - Mar. 28, 1984 Wampanoag Tribal Council of Gay Head Apr. 11, 1987 – Massachusetts Mohegan Indian Tribe Connecticut - Mar. 14, 1994 Jena Band of Choctaws Aug. 29, 1995 – Louisiana Huron Potawatomi Inc. Michigan - Mar. 17, 1996 Samish Indian Tribe Apr. 26, 1996 – Washington Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians Michigan - Aug. 23, 1999 Snoqualmie Indian Tribe Oct. 6, 1999 – Washington Cowlitz Tribe of Indians Washington - Jan. 4, 2000 Mashpee Wampanoag Feb. 15, 2007 – Massachusetts Shinnecock Indian Nation New York - Oct. 10, 2010 Pamunkey Indian Tribe Jan. 28, 2016 – Virginia 25 C.F.R. Part 83 sets out procedures by which the Secretary of the Interior may extend federal recognition to a Tribe. Under these regulations, a Tribe seeking federal recognition generally must prove, among other things, that it has existed as a Native American/American Indian entity since 1900; comprises individuals descended from a historic Indian Tribe, most of whom are not also members of another federally recognized Tribe; can satisfy certain community and identity criteria, such as maintaining a level of authority or influence over its members; and has not had a relationship with the United States expressly terminated or prohibited by Congress. List of Tribes acknowledged through 25 C.F.R. Part 83 obtained from the Department of the Interior, Office of Federal Acknowledgment on January 11, 2023. In some cases, these names may not reflect current tribal names. Dates reflect the source’s assessment of when the federal acknowledgment became legally effective. Sources: This information was compiled by CRS on January 11, 2023, based on searches for notices published in the Federal Register and searches for legislation and agency documents on Congress.gov, Lexis+, and ProQuest Congressional for variations of the terms Indian, tribe, federal, recognize, Indian Reorganization Act, Act of June 18, 1934. Other search strategies may yield different results. 1 Indian Entities Recognized by and Eligible to Receive Services from the United States Bureau of Indian Affairs, 88 Fed. Reg. 2112 (Jan. 12, 2023). 2 See CRS Report R47414, The 574 Federally Recognized Indian Tribes in the United States, by Mainon A. Schwartz. 3 Pub. L. No. 103–454, § 103(3), 108 Stat. 4791 (1994). 4 Wyandot Nation v. United States, 858 F.3d 1392, 1401–02 (Fed. Cir. 2017). 5 This includes any recognition-related action taken by the Department of the Interior (DOI) or a DOI official, including but not limited to determinations under 25 C.F.R. Part 83. Information prepared by Mainon Schwartz, Legislative Attorney, and Brion Long, Visual Information Specialist. Information on Tribal entities recognized or restored since 1960 was compiled by CRS.

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