First book-length overview of the Federal Acknowledgment Process enacted in 1978, the legal mechanism whereby native groups achieve official "recognition" of tribal status.
Federal recognition enables tribes to govern themselves and make decisions for their citizens that have the power to retain their cultures. But over the last forty years, the news media coverage of the federal recognition of tribes has perpetuated ignorance and stereotypes about tribal sovereignty. This book examines how past coverage has prioritized gaming over sovereignty and interfered in Tribes’ ability to be federally recognized. Scholars of journalism, mass communication, media studies, and indigenous studies will find this book of particular interest.
Who counts as an American Indian? Which groups qualify as Indian tribes? These questions have become increasingly complex in the past several decades, and federal legislation and the rise of tribal-owned casinos have raised the stakes in the ongoing debate. In this revealing study, historian Mark Edwin Miller describes how and why dozens of previously unrecognized tribal groups in the southeastern states have sought, and sometimes won, recognition, often to the dismay of the Five Tribes—the Cherokees, Chickasaws, Choctaws, Creeks, and Seminoles. Miller explains how politics, economics, and such slippery issues as tribal and racial identity drive the conflicts between federally recognized tribal entities like the Cherokee Nation of Oklahoma, and other groups such as the Southeastern Cherokee Confederacy that also seek sovereignty. Battles over which groups can claim authentic Indian identity are fought both within the Bureau of Indian Affairs’ Federal Acknowledgment Process and in Atlanta, Montgomery, and other capitals where legislators grant state recognition to Indian-identifying enclaves without consulting federally recognized tribes with similar names. Miller’s analysis recognizes the arguments on all sides—both the scholars and activists who see tribal affiliation as an individual choice, and the tribal governments that view unrecognized tribes as fraudulent. Groups such as the Lumbees, the Lower Muscogee Creeks, and the Mowa Choctaws, inspired by the civil rights movement and the War on Poverty, have evolved in surprising ways, as have traditional tribal governments. Describing the significance of casino gambling, the leader of one unrecognized group said, “It’s no longer a matter of red; it’s a matter of green.” Either a positive or a negative development, depending on who is telling the story, the casinos’ economic impact has clouded what were previously issues purely of law, ethics, and justice. Drawing on both documents and personal interviews, Miller unravels the tangled politics of Indian identity and sovereignty. His lively, clearly argued book will be vital reading for tribal leaders, policy makers, and scholars.
Compares the experiences of three central Louisiana Indian tribes with federal tribal recognition policy to illuminate the complex relationship between recognition policy and American Indian racial and tribal identities.
A small group of Indians known as the Honey Lake Maidus are very much alive today in the valley of the Susan River of northeast California. As a tribe, however, they do not exist. This is because they have not been acknowledged, a process by which the federal government officially recognizes Indian tribes. By contrast, other California Indian tribes have won federal recognition and come to represent a driving force behind most Indian legislation, including laws to regulate Indian casinos. Their political power and economic prosperity, however, has incurred resentment. Caught in this web of contending political forces are hundreds of small Indian groups, peoples like the Honey Lake Maidus who, because they lack federal recognition, cannot protect their cultures and secure their futures. They are also unable to undertake economic endeavors that would provide care for their children and elders. In Quest for Tribal Acknowledgment, Sara-Larus Tolley, an anthropologist who has worked for the Honey Lake Maidus for several years, recounts the group’s efforts to obtain recognition. In 1999, the tribe gained funding to work full-time on its petition, which it submitted to the government in 2001. While the Honey Lake Maidus wait for their application to gain “active” status, they continually update and refine its contents. And like hundreds of other unrecognized Indian groups seeking acknowledgment, they hope for the future.
"Justin B. Richland continues his study of the relationship between American law and government and Native American law and tribal governance in his new manuscript Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements. Richland looks at the way Native Americans and government officials talk about their relationship and seek to resolve conflicts over the extent of Native American authority in tribal lands when it conflicts with federal law and policy. The American federal government is supposed to engage in meaningful consultations with the tribes about issues that affect the tribes under long standing Federal law which accorded the federal government the responsibility of a trustee to the tribes. It requires the government to act in the best interest of the tribes and to interpret agreements with tribes in a way that respects their rights and interests. At least partly based on a patronizing view of Native Americans, the law has also sought to protect the interests of the tribes from those who might take advantage of them. In Cooperation without Submission, Richland looks closely at the language employed by both sides in consultations between tribes and government agencies focusing on the Hopi tribe but also discussing other cases. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to -nation interdependency, while federal agents appear to approach these consultations with the assumption that federal l aw is supreme and ultimately authoritative"--
Jamestown, the Lost Colony of Roanoke, and Plymouth Rock are central to America's mythic origin stories. Then, we are told, the main characters--the "friendly" Native Americans who met the settlers--disappeared. But the history of the Lumbee Tribe of North Carolina demands that we tell a different story. As the largest tribe east of the Mississippi and one of the largest in the country, the Lumbees have survived in their original homelands, maintaining a distinct identity as Indians in a biracial South. In this passionately written, sweeping work of history, Malinda Maynor Lowery narrates the Lumbees' extraordinary story as never before. The Lumbees' journey as a people sheds new light on America's defining moments, from the first encounters with Europeans to the present day. How and why did the Lumbees both fight to establish the United States and resist the encroachments of its government? How have they not just survived, but thrived, through Civil War, Jim Crow, the civil rights movement, and the war on drugs, to ultimately establish their own constitutional government in the twenty-first century? Their fight for full federal acknowledgment continues to this day, while the Lumbee people's struggle for justice and self-determination continues to transform our view of the American experience. Readers of this book will never see Native American history the same way.
The Delaware Tribe of Oklahoma is an American Indian tribe currently incorporated as part of the larger Cherokee Nation. Originally from the Hudson and Delaware River valleys, the Delawares are neither socially nor historically related to the Cherokees and were incorporated with them simply because they were forced to move to the Cherokee Nation in 1867. The Delawares never assimilated into Cherokee society and culture and today seek federal recognition as a separate tribe to protect their particular cultural and political identity. However, Delaware efforts to achieve federal recognition are complicated by the Cherokee Nation, which does not support Delaware independence as it could potentially compromise Cherokee jurisdiction. Delaware Tribe in a Cherokee Nation is an ethnographic study of the Delaware Tribe and its struggle for federal recognition and political separation from the larger Cherokee Nation. Brice Obermeyer details the Delawares’ struggle for self-determination, revealing important insights into the process and politics of federal recognition. This perceptive ethnography of a tribe trying to assert its right to sovereignty and its independence from a larger and more powerful tribe complicates accepted notions of how the federal recognition process works and the effects it has on tribal members and tribal relations. Although many tribes exist today as constituent parts of a larger American Indian tribe, Delaware Tribe in a Cherokee Nation is the first book to study this phenomenon in Native North America.
Within the context of U.S.-Indian law, federal acknowledgment establishes a trust relationship between an Indian tribe and the U.S. government. Some tribes, however, have not been federally acknowledged, or, in more common language, “recognized.” In Cash, Color, and Colonialism, Reneé Ann Cramer offers a comprehensive analysis of the federal acknowledgment process, placing it in historical, legal, and social context.