Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes Across the United States

Abstract

This article provides a national overview of the legal status of state-recognized American Indian tribal governments - specifically, those tribes that have been recognized by their respective states, but not the federal government. Part One discusses how state recognition functions within our federalist system and why it has become increasingly important for states and tribes. Part Two categorizes the various state recognition schemes into state law, administrative, legislative and executive recognition processes. Part Three lists the tribes recognized by each state and summarizes each state's regulatory approach to tribal-state relations. Part Four concludes with a brief argument in favor of greater rights on the part of state tribes.