Native American recognition in the United States

Native American (Indian) recognition in the United States most often refers to the process of a tribe being recognized by the United States federal government, or to a person being granted membership to a federally recognized tribe. There are 567 federally recognized tribal governments in the United States. Non-Acknowledged Tribes are tribes which have no federal designation as sovereign entities. Federally Non-Recognized tribes refers to a subgroup of non-acknowledged tribes which had some sort of recognition by the British prior to the formation of the United States or by the United States but which were determined by the government to no longer exist as an Indian tribe or no longer meet the criteria for a nation to nation status.

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 (both civil and criminal), 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.

Legal definitions of Indian abound; according to a 1978 congressional survey, there were upwards of 33 separate definitions of "Indian" used in federal legislation. The number of definitions increased when tribal enrollment statutes were included. U.S. Government agencies may have varied definitions of "Indian." For example, the National Center for Health Statistics currently assigns the mother’s race to a child born to parents of different "races". When people give multiracial responses to questions of heritage, only the first race is entered.

The 1978 American Indian Religious Freedom Act uses a two-part definition which is especially influential. It defines an Indian as a person who belongs to an Indian Tribe, which in turn is a group that "is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians."

Federal courts have not universally required membership in federally recognized tribes for a person to be classified as Indian. At times a person's membership in a federally recognized tribe was not sufficient for classification as Indian in the eyes of the courts.

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